In the last Chapter I have spoken of the Similar parts of a
Common-wealth; In this I shall speak of the parts Organicall, which are
Publique Ministers.
Publique Minister Who
A PUBLIQUE MINISTER, is he, that by the Soveraign, (whether a Monarch,
or an Assembly,) is employed in any affaires, with Authority to
represent in that employment, the Person of the Common-wealth. And
whereas every man, or assembly that hath Soveraignty, representeth
two Persons, or (as the more common phrase is) has two Capacities, one
Naturall, and another Politique, (as a Monarch, hath the person not
onely of the Common-wealth, but also of a man; and a Soveraign Assembly
hath the Person not onely of the Common-wealth, but also of the
Assembly); they that be servants to them in their naturall Capacity,
are not Publique Ministers; but those onely that serve them in the
Administration of the Publique businesse. And therefore neither Ushers,
nor Sergeants, nor other Officers that waite on the Assembly, for
no other purpose, but for the commodity of the men assembled, in an
Aristocracy, or Democracy; nor Stewards, Chamberlains, Cofferers, or any
other Officers of the houshold of a Monarch, are Publique Ministers in a
Monarchy.
Ministers For The Generall Administration
Of Publique Ministers, some have charge committed to them of a general
Administration, either of the whole Dominion, or of a part thereof.
Of the whole, as to a Protector, or Regent, may bee committed by
the Predecessor of an Infant King, during his minority, the whole
Administration of his Kingdome. In which case, every Subject is so far
obliged to obedience, as the Ordinances he shall make, and the commands
he shall give be in the Kings name, and not inconsistent with his
Soveraigne Power. Of a Part, or Province; as when either a Monarch, or
a Soveraign Assembly, shall give the generall charge thereof to a
Governour, Lieutenant, Praefect, or Vice-Roy: And in this case also,
every one of that Province, is obliged to all he shall doe in the name
of the Soveraign, and that not incompatible with the Soveraigns Right.
For such Protectors, Vice-Roys, and Governours, have no other right, but
what depends on the Soveraigns Will; and no Commission that can be given
them, can be interpreted for a Declaration of the will to transferre the
Soveraignty, without expresse and perspicuous words to that purpose. And
this kind of Publique Ministers resembleth the Nerves, and Tendons that
move the severall limbs of a body naturall.
For Speciall Administration, As For Oeconomy
Others have speciall Administration; that is to say, charges of some
speciall businesse, either at home, or abroad: As at home, First, for
the Oeconomy of a Common-wealth, They that have Authority concerning the
Treasure, as Tributes, Impositions, Rents, Fines, or whatsoever publique
revenue, to collect, receive, issue, or take the Accounts thereof,
are Publique Ministers: Ministers, because they serve the Person
Representative, and can doe nothing against his Command, nor without his
Authority: Publique, because they serve him in his Politicall Capacity.
Secondly, they that have Authority concerning the Militia; to have the
custody of Armes, Forts, Ports; to Levy, Pay, or Conduct Souldiers; or
to provide for any necessary thing for the use of war, either by Land or
Sea, are publique Ministers. But a Souldier without Command, though he
fight for the Common-wealth, does not therefore represent the Person of
it; because there is none to represent it to. For every one that hath
command, represents it to them only whom he commandeth.
For Instruction Of The People
They also that have authority to teach, or to enable others to teach
the people their duty to the Soveraign Power, and instruct them in the
knowledge of what is just, and unjust, thereby to render them more apt
to live in godlinesse, and in peace among themselves, and resist the
publique enemy, are Publique Ministers: Ministers, in that they doe it
not by their own Authority, but by anothers; and Publique, because they
doe it (or should doe it) by no Authority, but that of the Soveraign.
The Monarch, or the Soveraign Assembly only hath immediate Authority
from God, to teach and instruct the people; and no man but the
Soveraign, receiveth his power Dei Gratia simply; that is to say, from
the favour of none but God: All other, receive theirs from the favour
and providence of God, and their Soveraigns; as in a Monarchy Dei Gratia
& Regis; or Dei Providentia & Voluntate Regis.
For Judicature
They also to whom Jurisdiction is given, are Publique Ministers. For in
their Seats of Justice they represent the person of the Soveraign; and
their Sentence, is his Sentence; For (as hath been before declared) all
Judicature is essentially annexed to the Soveraignty; and therefore all
other Judges are but Ministers of him, or them that have the Soveraign
Power. And as Controversies are of two sorts, namely of Fact, and of
Law; so are judgements, some of Fact, some of Law: And consequently in
the same controversie, there may be two Judges, one of Fact, another of
Law.
And in both these controversies, there may arise a controversie between
the party Judged, and the Judge; which because they be both Subjects to
the Soveraign, ought in Equity to be Judged by men agreed on by consent
of both; for no man can be Judge in his own cause. But the Soveraign
is already agreed on for Judge by them both, and is therefore either to
heare the Cause, and determine it himself, or appoint for Judge such as
they shall both agree on. And this agreement is then understood to be
made between them divers wayes; as first, if the Defendant be allowed
to except against such of his Judges, whose interest maketh him suspect
them, (for as to the Complaynant he hath already chosen his own Judge,)
those which he excepteth not against, are Judges he himself agrees on.
Secondly, if he appeale to any other Judge, he can appeale no further;
for his appeale is his choice. Thirdly, if he appeale to the Soveraign
himself, and he by himself, or by Delegates which the parties shall
agree on, give Sentence; that Sentence is finall: for the Defendant is
Judged by his own Judges, that is to say, by himself.
These properties of just and rationall Judicature considered, I cannot
forbeare to observe the excellent constitution of the Courts of Justice,
established both for Common, and also for Publique Pleas in England. By
Common Pleas, I meane those, where both the Complaynant and Defendant
are Subjects: and by Publique, (which are also called Pleas of the
Crown) those, where the Complaynant is the Soveraign. For whereas there
were two orders of men, whereof one was Lords, the other Commons; The
Lords had this Priviledge, to have for Judges in all Capitall crimes,
none but Lords; and of them, as many as would be present; which being
ever acknowledged as a Priviledge of favour, their Judges were none but
such as they had themselves desired. And in all controversies, every
Subject (as also in civill controversies the Lords) had for Judges, men
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 Common-wealth, 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
Common-wealth; 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 Common-wealth; because none of their actions
have the Common-wealth 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
Common-wealth; 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.