When It Is An Assembly, It Is The Act Of Them That Assented Onely

But if the Representative be an Assembly, whatsoever that Assembly shall Decree, not warranted by their Letters, or the Lawes, is the act of the Assembly, or Body Politique, and the act of every one by whose Vote the Decree was made; but not the act of any man that being present Voted to the contrary; nor of any man absent, unlesse he Voted it by procuration. It is the act of the Assembly, because Voted by the major part; and if it be a crime, the Assembly may be punished, as farre-forth as it is capable, as by dissolution, or forfeiture of their Letters (which is to such artificiall, and fictitious Bodies, capitall,) or (if the Assembly have a Common stock, wherein none of the Innocent Members have propriety,) by pecuniary Mulct. For from corporall penalties Nature hath exempted all Bodies Politique. But they that gave not their Vote, are therefore Innocent, because the Assembly cannot Represent any man in things unwarranted by their Letters, and consequently are not involved in their Votes.

When The Representative Is One Man, If He Borrow Mony, Or Owe It, By Contract; He Is Lyable Onely, The Members Not If the person of the Body Politique being in one man, borrow mony of a stranger, that is, of one that is not of the same Body, (for no Letters need limit borrowing, seeing it is left to mens own inclinations to limit lending) the debt is the Representatives. For if he should have Authority from his Letters, to make the members pay what he borroweth, he should have by consequence the Soveraignty of them; and therefore the grant were either voyd, as proceeding from Errour, commonly incident to humane Nature, and an unsufficient signe of the will of the Granter; or if it be avowed by him, then is the Representer Soveraign, and falleth not under the present question, which is onely of Bodies subordinate. No member therefore is obliged to pay the debt so borrowed, but the Representative himselfe: because he that lendeth it, being a stranger to the Letters, and to the qualification of the Body, understandeth those onely for his debtors, that are engaged; and seeing the Representer can ingage himselfe, and none else, has him onely for Debtor; who must therefore pay him, out of the common stock (if there be any), or (if there be none) out of his own estate.

If he come into debt by Contract, or Mulct, the case is the same.