CHAPTER XXIII. OF THE PUBLIQUE MINISTERS OF SOVERAIGN POWER

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 Monarch¹, 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 Ushers², nor Sergeants³, 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 Stewards⁴, Chamberlains, Cofferers, or any other Officers of the houshold of a Monarch, are Publique Ministers in a Monarchy⁵.





Ministers For The Generall Administration

Of Publique Ministers, some have charge committed to them of a general Administration, either of the whole Dominion⁶, or of a part thereof. Of the whole, as to a Protector, or Regent, may bee committed by the Predecessor⁷ of an Infant King, during his minority, the whole Administration of his Kingdome. In which case, every Subject is so far obliged to obedience⁸, as the Ordinances⁹ 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, Lieutenant¹⁰, 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 incompatible¹¹ 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 whatsoever¹² 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.

Secondly¹³, they that have Authority concerning the Militia¹⁴; to have the custody¹⁵ of Armes, Forts, Ports; to Levy¹⁶, 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, thereby¹⁷ 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 immediate¹⁸ 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 providence¹⁹ of God, and their Soveraigns; as in a Monarchy Dei Gratia & Regis; or Dei Providentia & Voluntate Regis.





For Judicature

They also to whom Jurisdiction²⁰ 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 essentially²¹ annexed²² to the Soveraignty; and therefore all other Judges are but Ministers of him, or them that have the Soveraign Power. And as Controversies²³ 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 Equity²⁴ 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 divers²⁵ wayes; as first, if the Defendant²⁶ 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 procure²⁷ the Execution of Judgements given; to publish the Soveraigns Commands; to suppresse Tumults²⁸; to apprehend²⁹, and imprison³⁰ 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 Heralds³¹, 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, condole³², 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 propounds³³ 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.

1 monarch   

n.帝王，君主，最高统治者

参考例句：

• The monarch's role is purely ceremonial.君主纯粹是个礼仪职位。
• I think myself happier now than the greatest monarch upon earth.我觉得这个时候比世界上什么帝王都快乐。

2 ushers   

n.引座员( usher的名词复数 )；招待员；门房；助理教员v.引，领，陪同( usher的第三人称单数 )

参考例句：

• Seats clicked, ushers bowed while he looked blandly on. 座位发出啪啦啪啦的声响，领座员朝客人们鞠躬，而他在一边温和殷勤地看着。 来自英汉文学 - 嘉莉妹妹
• The minister then offers a brief prayer of dedication, and the ushers return to their seats. 于是牧师又做了一个简短的奉献的祈祷，各招待员也各自回座位。 来自辞典例句

3 sergeants   

警官( sergeant的名词复数 )； （美国警察）警佐； （英国警察）巡佐； 陆军（或空军）中士

参考例句：

• Platoon sergeants fell their men in on the barrack square. 排长们在营房广场上整顿队伍。
• The recruits were soon licked into shape by the drill sergeants. 新兵不久便被教育班长训练得象样了。

4 stewards   

（轮船、飞机等的）乘务员( steward的名词复数 )； （俱乐部、旅馆、工会等的）管理员； （大型活动的）组织者； （私人家中的）管家

参考例句：

• The stewards all wore armbands. 乘务员都戴了臂章。
• The stewards will inspect the course to see if racing is possible. 那些干事将检视赛马场看是否适宜比赛。

5 monarchy   

n.君主，最高统治者；君主政体，君主国

参考例句：

• The monarchy in England plays an important role in British culture.英格兰的君主政体在英国文化中起重要作用。
• The power of the monarchy in Britain today is more symbolical than real.今日英国君主的权力多为象徵性的，无甚实际意义。

6 dominion   

n.统治，管辖，支配权；领土，版图

参考例句：

• Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
• In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里，当局几乎无需证明其统治之合理。

7 predecessor   

n.前辈，前任

参考例句：

• It will share the fate of its predecessor.它将遭受与前者同样的命运。
• The new ambassador is more mature than his predecessor.新大使比他的前任更成熟一些。

8 obedience   

n.服从，顺从

参考例句：

• Society has a right to expect obedience of the law.社会有权要求人人遵守法律。
• Soldiers act in obedience to the orders of their superior officers.士兵们遵照上级军官的命令行动。

9 ordinances   

n.条例，法令( ordinance的名词复数 )

参考例句：

• These points of view, however, had not been generally accepted in building ordinances. 然而，这些观点仍未普遍地为其他的建筑条例而接受。 来自辞典例句
• Great are Your mercies, O Lord; Revive me according to Your ordinances. 诗119:156耶和华阿、你的慈悲本为大．求你照你的典章将我救活。 来自互联网

10 lieutenant   

n.陆军中尉，海军上尉；代理官员，副职官员

参考例句：

• He was promoted to be a lieutenant in the army.他被提升为陆军中尉。
• He prevailed on the lieutenant to send in a short note.他说动那个副官，递上了一张简短的便条进去。

11 incompatible   

adj.不相容的，不协调的，不相配的

参考例句：

• His plan is incompatible with my intent.他的计划与我的意图不相符。
• Speed and safety are not necessarily incompatible.速度和安全未必不相容。

12 whatsoever   

adv.（用于否定句中以加强语气）任何；pron.无论什么

参考例句：

• There's no reason whatsoever to turn down this suggestion.没有任何理由拒绝这个建议。
• All things whatsoever ye would that men should do to you,do ye even so to them.你想别人对你怎样，你就怎样对人。

13 secondly   

adv.第二，其次

参考例句：

• Secondly,use your own head and present your point of view.第二，动脑筋提出自己的见解。
• Secondly it is necessary to define the applied load.其次，需要确定所作用的载荷。

14 militia   

n.民兵，民兵组织

参考例句：

• First came the PLA men,then the people's militia.人民解放军走在前面，其次是民兵。
• There's a building guarded by the local militia at the corner of the street.街道拐角处有一幢由当地民兵团守卫的大楼。

15 custody   

n.监护，照看，羁押，拘留

参考例句：

• He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
• He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

16 levy   

n.征收税或其他款项，征收额

参考例句：

• They levy a tax on him.他们向他征税。
• A direct food levy was imposed by the local government.地方政府征收了食品税。

17 thereby   

adv.因此，从而

参考例句：

• I have never been to that city,,ereby I don't know much about it.我从未去过那座城市，因此对它不怎么熟悉。
• He became a British citizen,thereby gaining the right to vote.他成了英国公民，因而得到了投票权。

18 immediate   

adj.立即的；直接的，最接近的；紧靠的

参考例句：

• His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
• We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。

19 providence   

n.深谋远虑，天道，天意；远见；节约；上帝

参考例句：

• It is tempting Providence to go in that old boat.乘那艘旧船前往是冒大险。
• To act as you have done is to fly in the face of Providence.照你的所作所为那样去行事，是违背上帝的意志的。

20 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

21 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

22 annexed   

[法] 附加的，附属的

参考例句：

• Germany annexed Austria in 1938. 1938年德国吞并了奥地利。
• The outlying villages were formally annexed by the town last year. 那些偏远的村庄于去年正式被并入该镇。

23 controversies   

争论

参考例句：

• We offer no comment on these controversies here. 对于这些争议，我们在这里不作任何评论。 来自英汉非文学 - 历史
• The controversies surrounding population growth are unlikely to subside soon. 围绕着人口增长问题的争论看来不会很快平息。 来自辞典例句

24 equity   

n.公正，公平，（无固定利息的）股票

参考例句：

• They shared the work of the house with equity.他们公平地分担家务。
• To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

25 divers   

adj.不同的；种种的

参考例句：

• He chose divers of them,who were asked to accompany him.他选择他们当中的几个人，要他们和他作伴。
• Two divers work together while a standby diver remains on the surface.两名潜水员协同工作，同时有一名候补潜水员留在水面上。

26 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

27 procure   

vt.获得，取得，促成；vi.拉皮条

参考例句：

• Can you procure some specimens for me?你能替我弄到一些标本吗？
• I'll try my best to procure you that original French novel.我将尽全力给你搞到那本原版法国小说。

28 tumults   

吵闹( tumult的名词复数 )； 喧哗； 激动的吵闹声； 心烦意乱

参考例句：

29 apprehend   

vt.理解，领悟，逮捕，拘捕，忧虑

参考例句：

• I apprehend no worsening of the situation.我不担心局势会恶化。
• Police have not apprehended her killer.警察还未抓获谋杀她的凶手。

30 imprison   

vt.监禁，关押，限制，束缚

参考例句：

• The effect of this one is going to imprison you for life.而这件事的影响力则会让你被终身监禁。
• Dutch colonial authorities imprisoned him for his part in the independence movement.荷兰殖民当局因他参加独立运动而把他关押了起来。

31 heralds   

n.使者( herald的名词复数 )；预报者；预兆；传令官v.预示( herald的第三人称单数 )；宣布（好或重要）

参考例句：

• The song of birds heralds the approach of spring. 百鸟齐鸣报春到。 来自《现代英汉综合大词典》
• The wind sweeping through the tower heralds a rising storm in the mountain. 山雨欲来风满楼。 来自《现代汉英综合大词典》

32 condole   

v.同情；慰问

参考例句：

• We condole with him on his loss.我们对他的损失深表同情。
• I condole with you.We have lost a most dear and valuable relation.我向你表示唁慰，我们失去了一位最可爱的、最可贵的亲人。

33 propounds   

v.提出（问题、计划等）供考虑[讨论]，提议( propound的第三人称单数 )

参考例句：