A PERSON is he whose words or actions are considered,either as his own,or as representing the words or actions of another man,or of any other thing to whom they are attributed,whether truly or by fiction.
When they are considered as his own,then is he called a natural person:and when they are considered as representing the words and actions of another,then is he a feigned or artificial person.
The word person is Latin,instead whereof the Greeks have prosopon,which signifies the face,as persona in Latin signifies the disguise,or outward appearance of a man,counterfeited on the stage;and sometimes more particularly that part of it which disguiseth the face,as a mask or vizard:and from the stage hath been translated to any representer of speech and action,as well in tribunals as theatres.So that a person is the same that an actor is,both on the stage and in common conversation;and to personate is to act or represent himself or another;and he that acteth another is said to bear his person,or act in his name (in which sense Cicero useth it where he says,Unus sustineo tres personas;mei,adversarii,et judicis-I bear three persons;my own,my adversary's,and the judge's),and is called in diverse occasions,diversely;as a representer,or representative,a lieutenant,a vicar,an attorney,a deputy,a procurator,an actor,and the like.
Of persons artificial,some have their words and actions owned by those whom they represent.And then the person is the actor,and he that owneth his words and actions is the author,in which case the actor acteth by authority.For that which in speaking of goods and possessions is called an owner,and in Latin dominus in Greek kurios;speaking of actions,is called author.And as the right of possession is called dominion so the right of doing any action is called authority.So that by authority is always understood a right of doing any act;and done by authority,done by commission or license from him whose right it is.
From hence it followeth that when the actor maketh a covenant by authority,he bindeth thereby the author no less than if he had made it himself;and no less subjecteth him to all the consequences of the same.And therefore all that hath been said formerly (Chapter XIV)of the nature of covenants between man and man in their natural capacity is true also when they are made by their actors,representers,or procurators,that have authority from them,so far forth as is in their commission,but no further.
And therefore he that maketh a covenant with the actor,or representer,not knowing the authority he hath,doth it at his own peril.For no man is obliged by a covenant whereof he is not author,nor consequently by a covenant made against or beside the authority he gave.
When the actor doth anything against the law of nature by command of the author,if he be obliged by former covenant to obey him,not he,but the author breaketh the law of nature:for though the action be against the law of nature,yet it is not his;but,contrarily,to refuse to do it is against the law of nature that forbiddeth breach of covenant.
And he that maketh a covenant with the author,by mediation of the actor,not knowing what authority he hath,but only takes his word;in case such authority be not made manifest unto him upon demand,is no longer obliged:for the covenant made with the author is not valid without his counter-assurance.But if he that so covenanteth knew beforehand he was to expect no other assurance than the actor's word,then is the covenant valid,because the actor in this case maketh himself the author.And therefore,as when the authority is evident,the covenant obligeth the author,not the actor;so when the authority is feigned,it obligeth the actor only,there being no author but himself.
There are few things that are incapable of being represented by fiction.Inanimate things,as a church,a hospital,a bridge,may be personated by a rector,master,or overseer.But things inanimate cannot be authors,nor therefore give authority to their actors:yet the actors may have authority to procure their maintenance,given them by those that are owners or governors of those things.And therefore such things cannot be personated before there be some state of civil government.
