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OF COMMONWEALTH.

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.

Public ministers are also all those, that have authority 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 private party of a troubled state, though they be 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