Private bodies regular,but unlawful,are those that unite themselves into one person representative,without any public authority at all;such as are the corporations of beggars,thieves and gipsies,the better to order their trade of begging and stealing;and the corporations of men that by authority from any foreign person themselves in another's dominion,for the easier propagation of doctrines,and for making a party against the power of the Commonwealth.
Irregular systems,in their nature but leagues,or sometimes mere concourse of people without union to any particular design,not by obligation of one to another,but proceeding only from a similitude of wills and inclinations,become lawful,or unlawful,according to the lawfulness,or unlawfulness,of every particular man's design therein:
and his design is to be understood by the occasion.
The leagues of subjects,because leagues are commonly made for mutual defence,are in a Commonwealth (which is no more than a league of all the subjects together)for the most part unnecessary,and savour of unlawful design;and are for that cause unlawful,and go commonly by the name of factions,or conspiracies.For a league being a connexion of men by covenants,if there be no power given to any one man or assembly (as in the condition of mere nature)to compel them to performance,is so long only valid as there ariseth no just cause of distrust:and therefore leagues between Commonwealths,over whom there is no human power established to keep them all in awe,are not only lawful,but also profitable for the time they last.But leagues of the subjects of one and the same Commonwealth,where every one may obtain his right by means of the sovereign power,are unnecessary to the maintaining of peace and justice,and,in case the design of them be evil or unknown to the Commonwealth,unlawful.
For all uniting of strength by private men is,if for evil intent,unjust;if for intent unknown,dangerous to the public,and unjustly concealed.
If the sovereign power be in a great assembly,and a number of men,part of the assembly,without authority consult a part to contrive the guidance of the rest,this is a faction,or conspiracy unlawful,as being a fraudulent seducing of the assembly for their particular interest.But if he whose private interest is to be debated and judged in the assembly make as many friends as he can,in him it is no injustice,because in this case he is no part of the assembly.
And though he hire such friends with money,unless there be an express law against it,yet it is not injustice.For sometimes,as men's manners are,justice cannot be had without money,and every man may think his own cause just till it be heard and judged.
In all Commonwealths,if a private man entertain more servants than the government of his estate and lawful employment he has for them requires,it is faction,and unlawful.For having the protection of the Commonwealth,he needeth not the defence of private force.And whereas in nations not thoroughly civilized,several numerous families have lived in continual hostility and invaded one another with private force,yet it is evident enough that they have done unjustly,or else that they had no Commonwealth.
And as factions for kindred,so also factions for government of religion,as of Papists,Protestants,etc.,or of state,as patricians and plebeians of old time in Rome,and of aristocraticals and democraticals of old time in Greece,are unjust,as being contrary to the peace and safety of the people,and a taking of the sword out of the hand of the sovereign.
Concourse of people is an irregular system,the lawfulness or unlawfulness whereof dependeth on the occasion,and on the number of them that are assembled.If the occasion be lawful,and manifest,the concourse is lawful;as the usual meeting of men at church,or at a public show,in usual numbers:for if the numbers be extraordinarily great,the occasion is not evident;and consequently he that cannot render a particular and good account of his being amongst them is to be judged conscious of an unlawful and tumultuous design.It may be lawful for a thousand men to join in a petition to be delivered to a judge or magistrate;yet if a thousand men come to present it,it is a tumultuous assembly,because there needs but one or two for that purpose.But in such cases as these,it is not a set number that makes the assembly unlawful,but such a number as the present officers are not able to suppress and bring to justice.
When an unusual number of men assemble against a man whom they accuse,the assembly is an unlawful tumult;because they may deliver their accusation to the magistrate by a few,or by one man.Such was the case of St.Paul at Ephesus;where Demetrius,and a great number of other men,brought two of Paul's companions before the magistrate,saying with one voice,"Great is Diana of the Ephesians";which was their way of demanding justice against them for teaching the people such doctrine as was against their religion and trade.The occasion here,considering the laws of that people,was just;yet was their assembly judged unlawful,and the magistrate reprehended them for it,in these words,"If Demetrius and the other workmen can accuse any man of any thing,there be pleas,and deputies;let them accuse one another.And if you have any other thing to demand,your case may be judged in an assembly lawfully called.For we are in danger to be accused for this day's sedition,because there is no cause by which any man can render any reason of this concourse of people."Where he calleth an assembly whereof men can give no just account,a sedition,and such as they could not answer for.And this is all I shall say concerning systems,and assemblies of people,which may be compared,as I said,to the similar parts of man's body:such as be lawful,to the muscles;such as are unlawful,to wens,biles,and apostems,engendered by the unnatural conflux of evil humours.
