Concourse of people, is an Irregular Systeme, the lawfulnesse, or unlawfulnesse, whereof dependeth on the occasion, and on the number of them that are assembled.  If the occasion be lawfull, and manifest, the Concourse is lawfull; as the usuall meeting of men at Church, or at a publique Shew, in usuall 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 unlawfull, and tumultuous designe.  It may be lawfull for a thousand men, to joyn 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 Unlawfull, but such a number, as the present Officers are not able to suppresse, and bring to Justice.

When an unusuall number of men, assemble against a man whom they accuse; the Assembly is an Unlawfull 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 Pauls companions before the Magistrate, saying with one Voyce, “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 Lawes of that People, was just; yet was their Assembly Judged Unlawfull, and the Magistrate reprehended them for it, in these words,(Acts 19. 40) “If Demetrius and the other work-men 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 dayes 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 Systemes, and Assemblyes of People, which may be compared (as I said,) to the Similar parts of mans Body; such as be Lawfull, to the Muscles; such as are Unlawfull, to Wens, Biles, and Apostemes, engendred by the unnaturall conflux of evill humours.

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.