from his letters to make the members pay what he borroweth, he should have by consequence the sovereignty of them; and therefore the grant were either void, as proceeding from error, commonly incident to human nature, and an insufficient sign of the will of the granter; or if it be avowed by him, then is the representer sovereign, and falleth not under the present question, which is only of bodies subordinate. No member therefore is obliged to pay the debt so borrowed, but the representative himself; because he that lendeth it, being a stranger to the letters and to the qualification of the body, understandeth those only for his debtors that are engaged; and seeing the representer can engage himself and none else, has him only 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.
But when the representative is an assembly, and the debt to a stranger, all they, and only they, are responsible for the debt that gave their votes to the borrowing of it, or to the contract that made it due, or to the fact for which the mulct was imposed; because every one of those in voting did engage himself for the payment; for he that is author of the borrowing is obliged to the payment, even of the whole debt, though when paid by anyone, he be discharged.
But if the debt be to one of the assembly, the assembly only is obliged to the payment out of their common stock, if they have any: for having liberty of vote, if he vote the money shall be borrowed, he votes it shall be paid; if he vote it shall not be borrowed, or be absent, yet because in lending he voteth the borrowing, he contradicteth his former vote, and is obliged by the latter, and becomes both borrower and lender, and consequently cannot demand payment from any particular man, but from the common treasure only; which failing he hath no remedy nor complaint, but against himself, that being privy to the acts of the assembly, and to their means to pay, and not being enforced, did nevertheless through his own folly lend his money.