第3章
VII. This submission of the wils of all those men to the will of one man, or one Counsell, is then made, when each one of them obligeth himself by contract to every one of the rest, not to resist the will of that one man, or counsell, to which he hath submitted himselfe; that is, that he refuse him not the use of his wealth, and strength, against any others whatsoever (for he is supposed still to retain a Right of defending himselfe against violence) and this is called UNION. But we understand that to be the will of the counsell, which is the will of the major part of those men of whom the Counsell consists.
VIII. But though the will it self be not voluntary, but only the beginning of voluntary actions (for we will not to will, but to act ) and therefore falls least of all under deliberation, and compact; yet he who submits his will to the will of an other, conveighs to that other the Right of his strength, and faculties; insomuch as when the rest have done the same, he to whom they have submitted hath so much power, as by the terrour of it hee can conforme the wills of particular men unto unity, and concord.
IX. Now union thus made is called a City, or civill society, and also a civill Person; for when there is one will of all men, it is to be esteemed for one Person, and by the word (one) it is to be knowne, and distinguished from all particular men, as having its own Rights and properties; insomuch as neither any one Citizen, nor all of them together (if we except him whose will stands for the will of all) is to be accounted the City. A CITY therefore (that we may define it) is one Person, whose will, by the compact of many men, is to be received for the will of them all; so as he may use all the power and faculties of each particular person, to the maintenance of peace, and for common defence.
X. But although every City be a civill Person, yet every civill Person is not a City; for it may happen that many Citizens, by the permission of the City, may joyne together in one Person, for the doing of certain things. These now will be civill Persons, as the companies of Merchants, and many other Convents; but Cities they are not, because they have not submitted themselves to the will of the company simply, and in all things, but in certain things onely determined by the City; and on such termes as it is lawfull for any one of them to contend in judgement against the body it selfe of the sodality; which is by no means allowable to a Citizen against the City; such like societies therefore are civill Persons subordinate to the City.
XI. In every city, That Man, or Counsell, to whose will each particular man hath subjected his will (so as hath been declared) is said to have the SUPREME POWER, or CHIEFE COMMAND, or DOMINION; which Power, and Right of commanding, consists in this, that each Citizen hath conveighed all his strength and power to that man, or Counsell; which to have done (because no man can transferre his power in a naturall manner) is nothing else then to have parted with his Right of resisting. Each Citizen, as also every subordinate civill Person, is called the SUBJECT of him who hath the chiefe command.
XII. By what hath been sayed, it is sufficiently shewed, in what manner, and by what degrees many naturall Persons, through desire of preserving themselves, and by mutuall feare, have growne together into a civill Person, whom we have called a City.
But they who submit themselves to another for feare, either submit to him whom they feare, or some other whom they confide in for protection; They act according to the first manner who are vanquished in warre, that they may not be slain; they according to the second, who are not yet overcome, that they may not be overcome. The first manner receives its beginning from naturall Power, and may be called the naturall beginning of a City; the latter from the Counsell, and constitution of those who meet together, which is a beginning by institution. Hence it is, that there are two kinds of Cities, the one naturall, such as is the paternall, and despoticall; the other institutive, which may be also called politicall. In the first the Lord acquires to himselfe such Citizens as he will; in the other the Citizens by their own wills appoint a Lord over themselves, whether he be one man, or one company of men endued with the command in chiefe. But we will speak in the first place of a City politicall or by institution, and next of a City naturall.