IN THE last chapter I have spoken of the similar parts of a Commonwealth:in this I shall speak of the parts organical,which are public ministers.
A public minister is he that by the sovereign,whether a monarch or an assembly,is employed in any affairs,with authority to represent in that employment the person of the Commonwealth.And whereas every man or assembly that hath sovereignty representeth two persons,or,as the more common phrase is,has two capacities,one natural and another politic;as a monarch hath the person not only of the Commonwealth,but also of a man,and a sovereign assembly hath the person not only of the Commonwealth,but also of the assembly:they that be servants to them in their natural capacity are not public ministers;but those only that serve them in the administration of the public business.And therefore neither ushers,nor sergeants,nor other officers that wait 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 household of a monarch,are public ministers in a monarchy.
Of public 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 be committed by the predecessor of an infant king,during his minority,the whole administration of his kingdom.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 king's name,and not inconsistent with his sovereign power.Of a part,or province;as when either a monarch or a sovereign assembly shall give the general charge thereof to a governor,lieutenant,prefect or viceroy:and in this case also,every one of that province is obliged to all he shall do in the name of the sovereign,and that not incompatible with the sovereign's right.For such protectors,viceroys,and governors have no other right but what depends on the sovereigns will;and no commission that can be given them can be interpreted for a declaration of the will to transfer the sovereignty,without express and perspicuous words to that purpose.And this kind of public ministers resembleth the nerves and tendons that move the several limbs of a body natural.
Others have special administration;that is to say,charges of some special business,either at home or abroad:as at home,first,for the economy of a Commonwealth,they that have authority concerning the treasury,as tributes,impositions,rents,fines,or whatsoever public revenue,to collect,receive,issue,or take the accounts thereof,are public ministers:ministers,because they serve the person representative,and can do nothing against his command,nor without his authority;public,because they serve him in his political capacity.
Secondly,they that have authority concerning the militia;to have the custody of arms,forts,ports;to levy,pay,or conduct soldiers;or to provide for any necessary thing for the use of war,either by land or sea,are public ministers.But a soldier without command,though he fight for the Commonwealth,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.
They also that have authority to teach,or to enable others to teach the people their duty to the sovereign power,and instruct them in the knowledge of what is just and unjust,thereby to render them more apt to live in godliness and in peace amongst themselves,and resist the public enemy,are public ministers:ministers,in that they do it not by their own authority,but by another's;and public,because they do it,or should do it,by no authority but that of the sovereign.The monarch or the sovereign assembly only hath immediate authority from God to teach and instruct the people;and no man but the sovereign 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 sovereigns;as in a monarchy Dei gratia et regis;or Dei providentia et voluntate regis.
They also to whom jurisdiction is given are public ministers.For in their seats of justice they represent the person of the sovereign;and their sentence is his sentence;for,as hath been before declared,all judicature is essentially annexed to the sovereignty;and therefore all other judges are but ministers of him or them that have the sovereign 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 controversy,there may be two judges,one of fact,another of law.
