3. Out of this that hath been said, may readily be drawn, that whatsoever the people doth to any one particular member or subject of the commonwealth, the same by him ought not to be styled injury. For first, injury, by the definition, Part I. chap. III. [sect. 2], is breach of covenant; but covenants, as hath been said in the precedent section, there passed none from the people to any private man; and consequently it, to wit, the people, can do him no injury. Secondly, how unjust soever the action be, that this sovereign demus shall do, is done by the will of every particular man subject to him, who are therefore guilty of the same. If therefore they style it injury, they but accuse themselves. And it is against reason for the same man, both to do and complain; implying this contradiction, that whereas he first ratified the people’s acts in general, he now disalloweth the same of them in particular. It is therefore said truly, volenti non fit injuria. Nevertheless nothing doth hinder, but that divers actions done by the people, may be unjust before God Almighty, as breaches of the laws of nature.
The faults of the sovereign people, &c.
4. And when it happeneth, that the people by plurality of voices, decree or command anything contrary to the law of God or nature, though the decree and command be the act of every man, not only present in the assembly, but also absent from it; yet is not the injustice of the decree, the injustice of every particular man, but only of those men, by whose express suffrages, the decree or command was passed. For a body politic, as it is a fictitious body, so are the faculties and will thereof fictitious also. But to make a particular man unjust, which consisteth of a body and soul natural, there is required a natural and very will.
Democracy, &c. an aristocracy of orators.
5. In all democracies, though the right of sovereignty be in the assembly, which is virtually the whole body; yet the use thereof is always in one, or a few particular men. For in such great assemblies, as those must be, whereinto every man may enter at his pleasure, there is no means any ways to deliberate and give counsel what to do, but by long and set orations, whereby to every man there is more or less hope given, to incline and sway the assembly to their own ends. In a multitude of speakers therefore, where always either one is eminent alone, or a few being equal amongst themselves, are eminent above the rest, that one or few must of necessity sway the whole. Insomuch, that a democracy, in effect, is no more than an aristocracy of orators, interrupted sometimes with the temporary monarchy of one orator.
Aristocracy how made.
6. And seeing a democracy is by institution, the beginning both of aristocracy and monarchy, we are to consider next, how aristocracy is derived from it. When the particular members of the commonwealth growing weary of attendance at public courts, as dwelling far off, or being attentive to their private businesses, and withal, displeased with the government of the people, assemble themselves to make an aristocracy, there is no more required to the making thereof but putting to the question one by one, the names of such men as it shall consist of, and assenting to their election; and by plurality of vote, to transfer that power, which before the people had, to the number of men so named and chosen.
The body of the optimates not properly said to injure the subjects.
7. And from this manner of erecting an aristocracy, it is manifest, that the few, or optimates, have entered into no covenant with any of the particular members of the commonwealth, whereof they are sovereign; and consequently cannot do any thing to any private man, that can be called injury to him, howsoever their act be wicked before Almighty God, according to that which hath been said before, [section 3]. Further, it is impossible, that the people, as one body politic, should covenant with the aristocracy or optimates, on whom they intend to transfer their sovereignty. For no sooner is the aristocracy erected, but the democracy is annihilated, and the covenants made unto them void.
The election of the optimates, &c.