Secret cabals.
If the sovereign power be in a great assembly, and a number of men, part of the assembly, without authority, consult apart, 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.
Feuds of private families.
In all commonwealths, if private men 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 they had no commonwealth.
Factions for government.
And as factions for kindred, so also factions for government of religion, as of Papists, Protestants, &c. 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.
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 to 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.
Concourse of people.
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 (Acts xix. 38-40.) 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.