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of the Country where the matter in controversie lay; against which he might make his exceptions, till at last Twelve men without exception being agreed on, they were Judged by those twelve. So that having his own Judges, there could be nothing alledged by the party, why the sentence should not be finall, These publique persons, with Authority from the Soveraign Power, either to Instruct, or Judge the people, are such members of the Commonwealth, as may fitly be compared to the organs of Voice in a Body naturall.

 

For Execution

Publique Ministers are also all those, that have Authority from the Soveraign, to procure the Execution of Judgements given; to publish the Soveraigns Commands; to suppresse Tumults; to apprehend, and imprison Malefactors; and other acts tending to the conservation of the Peace. For every act they doe by such Authority, is the act of the Commonwealth; and their service, answerable to that of the Hands, in a Bodie naturall.

 

Publique Ministers abroad, are those that represent the Person of their own Soveraign, to forraign States. Such are Ambassadors, Messengers, Agents, and Heralds, sent by publique Authoritie, and on publique Businesse.

 

But such as are sent by Authoritie only of some private partie of a troubled State, though they be received, are neither Publique, nor Private Ministers of the Commonwealth; because none of their actions have the Commonwealth for Author. Likewise, an Ambassador sent from a Prince, to congratulate, condole, or to assist at a solemnity, though Authority be Publique; yet because the businesse is Private, and belonging to him in his naturall capacity; is a Private person. Also if a man be sent into another Country, secretly to explore their counsels, and strength; though both the Authority, and the Businesse be Publique; yet because there is none to take notice of any Person in him, but his own; he is but a Private Minister; but yet a Minister of the Commonwealth; and may be compared to an Eye in the Body naturall. And those that are appointed to receive the Petitions or other informations of the People, and are as it were the publique Eare, are Publique Ministers, and represent their Soveraign in that office.

 

Counsellers Without Other Employment Then To Advise Are Not Publique Ministers

Neither a Counsellor, nor a Councell of State, if we consider it with no Authority of Judicature or Command, but only of giving Advice to the Soveraign when it is required, or of offering it when it is not required, is a Publique Person. For the Advice is addressed to the Soveraign only, whose person cannot in his own presence, be represented to him, by another. But a Body of Counsellors, are never without some other Authority, either of Judicature, or of immediate Administration: As in a Monarchy, they represent the Monarch, in delivering his Commands to the Publique Ministers: In a Democracy, the Councell, or Senate propounds the Result of their deliberations to the people, as a Councell; but when they appoint Judges, or heare Causes, or give Audience to Ambassadors, it is in the quality of a Minister of the People: And in an Aristocracy the Councell of State is the Soveraign Assembly it self; and gives counsell to none but themselves.

CHAPTER XXIV

OF THE NUTRITION, AND PROCREATION OF A COMMON-WEALTH

 

The Nourishment Of A Commonwealth Consisteth In The Commodities Of Sea And Land;

The NUTRITION of a Commonwealth consisteth, in the Plenty, and Distribution of Materials conducing to Life: In Concoction, or Preparation; and (when concocted) in the Conveyance of it, by convenient conduits, to the Publique use.

 

As for the Plenty of Matter, it is a thing limited by Nature, to those commodities, which from (the two breasts of our common Mother) Land, and Sea, God usually either freely giveth, or for labour selleth to mankind.

 

For the Matter of this Nutriment, consisting in Animals, Vegetals, and Minerals, God hath freely layd them before us, in or neer to the face of the Earth; so as there needeth no more but the labour, and industry of receiving them. Insomuch as Plenty dependeth (next to Gods favour) meerly on the labour and industry of men.

 

This Matter, commonly called Commodities, is partly Native, and partly Forraign: Native, that which is to be had within the Territory of the Commonwealth; Forraign, that which is imported from without. And because there is no Territory under the Dominion of one Commonwealth, (except it be of very vast extent,) that produceth all things needfull for the maintenance, and motion of the whole Body; and few that produce not something more than necessary; the superfluous commodities to be had within, become no more superfluous, but supply these wants at home, by importation of that which may be had abroad, either by Exchange, or by just Warre, or by Labour: for a mans Labour also, is a commodity exchangeable for benefit, as well as any other thing: And there have been Commonwealths that having no more Territory, than hath served them for habitation, have neverthelesse, not onely maintained, but also encreased their Power, partly by the labour of trading from one place to another, and partly by selling the Manifactures, whereof the Materials were brought in from other places.

 

And The Right Of Distribution Of Them

The Distribution of the Materials of this Nourishment, is the constitution of Mine, and Thine, and His, that is to say, in one word Propriety; and belongeth in all kinds of Commonwealth to the Soveraign Power. For where there is no Commonwealth, there is, (as hath been already shewn) a perpetuall warre of every man against his neighbour; And therefore every thing is his that getteth it, and keepeth it by force; which is neither Propriety nor Community; but Uncertainty. Which is so evident, that even Cicero, (a passionate defender of Liberty,) in a publique pleading, attributeth all Propriety to the Law Civil, β€œLet the Civill Law,” saith he, β€œbe once abandoned, or but negligently guarded, (not to say oppressed,) and there is nothing, that any man can be sure to receive from his Ancestor, or leave to his Children.” And again; β€œTake away the Civill Law, and no man knows what is his own, and what another mans.” Seeing therefore the Introduction of Propriety is an effect of Commonwealth; which can do nothing but by the Person that Represents it, it is the act onely of the Soveraign; and consisteth in the Lawes, which none can make that have not the Soveraign Power. And this they well knew of old, who called that Nomos, (that is to say, Distribution,) which we call Law; and defined Justice, by distributing to every man his own.

 

All Private Estates Of Land Proceed Originally From The Arbitrary Distribution Of The Soveraign In this Distribution, the First Law, is for Division of the Land it selfe: wherein the Soveraign assigneth to every man a portion, according as he, and not according as any Subject, or any number of them, shall judge agreeable to Equity, and the Common Good. The Children of Israel, were a Commonwealth in the Wildernesse; but wanted the commodities of the Earth, till they were masters of the Land of Promise; which afterward was divided amongst them, not by their own discretion, but by the discretion of Eleazar the Priest, and Joshua their Generall: who when there were twelve Tribes, making them thirteen by subdivision of the Tribe of Joseph; made neverthelesse but twelve portions of the Land; and ordained for the Tribe of Levi no land; but assigned them the Tenth part of the whole fruits; which division was therefore Arbitrary.

And though a People comming into possession of a land by warre, do not alwaies exterminate the antient Inhabitants, (as did the Jewes,) but leave to many, or most, or all of them their Estates; yet it is manifest they hold them afterwards, as of the Victors distribution; as the people of England held all theirs of William the Conquerour.

 

Propriety Of A Subject Excludes Not The Dominion Of The Soveraign, But Onely Of Another Subject From whence we may collect, that the Propriety which a subject hath in his lands, consisteth in a right to exclude all other subjects from the use of them; and not to exclude their Soveraign, be it an Assembly, or a Monarch. For seeing the Soveraign, that is to say, the Commonwealth (whose Person he representeth,) is understood to do nothing but in order to the common Peace and Security, this Distribution of lands, is to be understood as done in order to the same: And consequently, whatsoever Distribution he shall make in prejudice thereof, is contrary to the will of every subject, that committed his Peace, and safety to his discretion, and conscience; and therefore by the will of every one of them, is to be reputed voyd. It is true, that a Soveraign Monarch, or the greater part of a Soveraign Assembly, may ordain the doing of many things in pursuit of their Passions, contrary to their own consciences, which is a breach of trust, and of the Law of Nature; but this is not enough to authorise any subject, either to make warre upon, or so much as to accuse of Injustice, or any way to speak evill of their Soveraign; because they have authorised all his actions, and in bestowing the Soveraign Power, made them their own.

But in what cases the Commands of Soveraigns are contrary to Equity, and the Law of Nature, is to be considered hereafter in another place.

 

The Publique Is Not To Be Dieted

In the Distribution of land, the Commonwealth it selfe, may be conceived to have a portion, and possesse, and improve the same by their Representative; and that such portion may be made sufficient, to susteine the whole expence to the common Peace, and defence necessarily required: Which were very true, if there could be any Representative conceived free from humane passions, and infirmities.

But the nature of men being as it is, the setting forth of Publique Land, or of any certaine Revenue for the Commonwealth, is in vaine; and tendeth to the dissolution of Government, and to the condition of meere Nature, and War, assoon as ever the Soveraign Power falleth into the hands of a Monarch, or of an Assembly, that are either too negligent of mony, or too hazardous in engaging the publique stock, into a long, or costly war. Commonwealths can endure no Diet: For seeing their expence is not limited by their own appetite, but by externall Accidents, and the appetites of their neighbours, the Publique Riches cannot be limited by other limits, than those which the emergent occasions shall require. And whereas in England, there were by the Conquerour, divers Lands reserved to his own use, (besides Forrests, and Chases, either for his recreation, or for preservation of Woods,) and divers services reserved on the Land he gave his Subjects; yet it seems they were not reserved for his Maintenance in his Publique, but in his Naturall capacity: For he, and his Successors did for all that, lay Arbitrary Taxes on all Subjects land, when they judged it necessary. Or if those publique Lands, and Services, were ordained as a sufficient maintenance of the Commonwealth, it was contrary to the scope of the Institution; being (as it appeared by those ensuing Taxes) insufficient, and (as it appeares by the late Revenue of the Crown) Subject to Alienation, and Diminution. It is therefore in vaine, to assign a portion to the Commonwealth; which may sell, or give it away; and does sell, and give it away when tis done by their Representative.

 

The Places And Matter Of Traffique Depend, As Their Distribution, On The Soveraign

As the Distribution of Lands at home; so also to assigne in what places, and for what commodities, the Subject shall traffique abroad,

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