If the sovereign banish his subject; during the banishment, he is not subject. But he that is sent on a message, or hath leave to travel, is still subject; but it is, by contract between sovereigns, not by virtue of the covenant of subjection. For whosoever entereth into another’s dominion, is subject to all the laws thereof; unless he have a privilege by the amity of the sovereigns, or by special licence.
In case the sovereign render himself subject to another.
If a monarch subdued by war, render himself subject to the victor; his subjects are delivered from their former obligation, and become obliged to the victor. But if he be held prisoner, or have not the liberty of his own body; he is not understood to have given away the right of sovereignty; and therefore his subjects are obliged to yield obedience to the magistrates formerly placed, governing not in their own name, but in his. For, his right remaining, the question is only of the administration; that is to say, of the magistrates and officers; which, if he have not means to name, he is supposed to approve those, which he himself had formerly appointed.
CHAPTER XXII.
OF SYSTEMS SUBJECT, POLITICAL, AND PRIVATE.
The divers sorts of systems of people.
Having spoken of the generation, form, and power of a commonwealth, I am in order to speak next of the parts thereof. And first of systems, which resemble the similar parts, or muscles of a body natural. By SYSTEMS, I understand any numbers of men joined in one interest, or one business. Of which, some are regular, and some irregular. Regular are those, where one man, or assembly of men, is constituted representative of the whole number. All other are irregular.
Of regular, some are absolute, and independent, subject to none but their own representative: such are only commonwealths; of which I have spoken already in the five last precedent chapters. Others are dependent; that is to say, subordinate to some sovereign power, to which every one, as also their representative is subject.
Of systems subordinate, some are political, and some private. Political, otherwise called bodies politic, and persons in law, are those, which are made by authority from the sovereign power of the commonwealth. Private, are those, which are constituted by subjects amongst themselves, or by authority from a stranger. For no authority derived from foreign power, within the dominion of another, is public there, but private.
And of private systems, some are lawful; some unlawful. Lawful, are those which are allowed by the commonwealth: all other are unlawful. Irregular systems, are those which having no representative, consist only in concourse of people; which if not forbidden by the commonwealth, nor made on evil design, such as are conflux of people to markets, or shows, or any other harmless end, are lawful. But when the intention is evil, or (if the number be considerable), unknown, they are unlawful.