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PART 11. whereas there were two orders of men, whereof one

was Lords, the other Commons; the Lords had this For judicature. privilege, to have for judges in all capital crimes,

none but Lords; and of them, as many as would be present; which being ever acknowledged as a privilege of favour, their judges were none but such as they had themselves desired. And in all controversies, every subject, (as also in civil controversies the Lords), had for judges, men of the country where the matter in controversy 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 alleged by the party, why the sentence should not be final. These public persons, with authority from the sovereign 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 natural. For execution. Public ministers are also all those, that have au

thority from the sovereign, to procure the execution of judgments given ; to publish the sovereign's commands; to suppress tumults; to apprehend, and imprison malefactors; and other acts tending to the conservation of the peace. For every act they do by such authority, is the act of the commonwealth ; and their service, answerable to that of the hands, in a body natural.

Public ministers abroad, are those that represent the person of their own sovereign, to foreign states. Such are ambassadors, messengers, agents, and heralds, sent by public authority, and on public business.

But such as are sent by authority only of some

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private party of a troubled state, though they be PART II. received, are neither public, 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 the authority be public; yet because the business is private, and belonging to him in his natural 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 business be public; 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 natural. And those that are appointed to receive the petitions or other informations of the people, and are as it were the public ear, are public ministers, and represent their sovereign in that office.

Neither a councillor, nor a council of state, if we Councillors consider it with no authority of judicature or com- employment mand, but only of giving advice to the sovereign are not public when it is required, or of offering it when it is not ministers. required, is a public person. For the advice is addressed to the sovereign only, whose person cannot in his own presence, be represented to him, by another. But a body of councillors, 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 public ministers : in a democracy, the council, or senate propounds the result of their deliberations to the people, as a council ; but when

without other

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PART II. they appoint judges, or hear causes, or give audi

ence to ambassadors, it is in the quality of a minister of the people: and in an aristocracy, the council of state is the sovereign assembly itself; and gives counsel to none but themselves.

CHAPTER XXIV.

OF THE NUTRITION, AND PROCREATION OF A

COMMONWEALTH.

ment of a com. monwealth

land.

The nourish- THE NUTRITION of a commonwealth consisteth, in

the plenty, and distribution of materials conduthe commodi- cing to life : in concoction, or preparation ; and, ties of sea and when concocted, in the conveyance of it, by con

venient conduits, to the public 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 laid them before us, in or near 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 God's favour, merely on the labour and industry of men.

This matter, commonly called commodities, is partly native, and partly foreign: native, that which is to be had within the territory of the commonwealth : foreign, that which is imported from without. And because there is no territory under the dominion of one commonwealth, except it be

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of very vast extent, that produceth all things need- PART II. ful for the maintenance, and motion of the whole body; and few that produce not some thing 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 war, or by labour. For a man's 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 nevertheless, not only maintained, but also encreased their power, partly by the labour of trading from one place to another, and partly by selling the manufactures whereof the materials were brought in from other places.

The distribution of the materials of this nourish- And the right ment, is the constitution of mine, and thine, and them. his ; that is to say, in one word propriety; and belongeth in all kinds of commonwealth to the sovereign power. For where there is no commonwealth, there is, as hath been already shown, a perpetual war of every man against his neighbour; and therefore every thing is his that getteth it, and keepeth it by force; which is neither propriety, uor community; but uncertainty. Which is so evident, that even Cicero, a passionate defender of liberty, in a public pleading, attributeth all propriety to the law civil. Let the civil law, saith he, be 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; Take away the civil law, and no man knows what is his own,

distribution of

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tates of land

PART II. and what another man's. Seeing therefore the

introduction of propriety is an effect of common-
wealth, which can do nothing but by the person
that represents it, it is the act only of the sove-
reign; and consisteth in the laws, which none can
make that have not the sovereign power. And
this they well knew of old, who called that Nópos,
that is to say, distribution, which we call law; and
defined justice, by distributing to every man his

Own.
All private es. In this distribution, the first law, is for division
proceed origi- of the land itself: wherein the sovereign assigneth
arbitrary dis- to every man a portion, according as he, and not
tribution of the according as any subject, or any number of them,

shall judge agreeable to equity, and the common
good. The children of Israel, were a common-
wealth in the wilderness; but wanted the commo-
dities 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 General, who, when there were twelve tribes,
making them thirteen by subdivision of the tribe
of Joseph, made nevertheless 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 arbi-
trary. And though a people coming into possession
of a land by war, do not always exterminate the
ancient inhabitants, as did the Jews, 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 Conqueror.

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