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Show 3" him; ilfmx','i'err ofCOMMaN-WEAZTH. Chapag; nts, bl' ue bufinefi‘eAnd therefore neither Ulhers, nor Sergea e, purpof other no for , bl Affem the on triltfrlt)>ilheiqoflicers that waite n an Arif'rocraCypr Dc. but for the commodity ofthe men affembledu rers, or. any other Coffe , - n r Stewards Chamberlains que Minifiers ma Pubh are rch, 3101:3553,(iftlcie houihold dfa Mona . h '. ' edto them pf iitt comn e charg have fome rs, ‘te Minii e liqu Mgfl'cug nion, or obea {Jr the gene. mil A 1171"" mflmtim. Domi agenerall Adminiflration, either of the whole Regent, may e or étor, Prote a to as e, art thereof. Ofthe whol g his minpcommitted by the Predeceffor ofan infant King, durinwhich ca e, In e. gdom rity,the whole Adminiitration of his .Kin nances he every Subjeét is fo far obliged to obedience, as, the Ordi s name, King the in be gwe {hall he ands comm the {hall make, and part, or Proand not inconfiflent with his Soverargne Power, Of a bly, {hall Aflem n rarg Sove a or rch, vince-,as when eithera Mona , Praenapt Lieut r, rnou Gove a ofto there e charg We the generall ce, rovin 1 t oftha feé‘t or Vice-R0 : And in this cafe alfo, every one that and aign, Sover the is obliged toall e {hall doe in the name of , not incompatible with the Soveraigns Right. For fuch Protectors ds depen what but ht, ri other no s, have rnor Gove s, and Vice-Roy on the Soveraigns Will-,and no Comrrufliont at can be given them, For (pedal! Admini- [I rat/m, M for 05mmm)‘. can be interpreted for a Declaration ofthe Will to transferre the So veraignty, Without expreife and . rfprcuous words to that purpofe. And this kind of‘ Publique iniflters refembleth the Nerves, and Tendons that move the feverall limbs of abody naturall. Others have fpeciallAdminii‘tration; that is to fay, charges of fome fpeciall bufineffe, either at home, or abroad: As at omc, Firft, for the Oeconomy of aCommon-wealth, They that have Authority concerning the Treafure, as Tributes, Impofitions, Rents, Fines, or whatfoever publique revenue, to collect, receive,.iffue, or take the Accounts thereof, are Publigue Minifiers .- Minifiers, becaufe they ferve the Perfon Reprefentative, and can doe nothing againft his Command, not without his Authority: Publique, be . _ . caufe they ferve him in his PoliticallCapacrty. . a; to g lem the ermn y conc orit y Auth have ,the that Secondly have the cuftody of Armes, Forts, Ports; to Levy, Pay, or Con- ; duét Souldierstor to provide for any neceflnaty. thing for the ufe of war, either by Land or Sea, are publique Miniflers. But aSouldiet without Command, though he fight for the Common-wealth. does not therefore reprefent the Perfon of it ; becaufe there is non: to reprefent it to. For every one that hath command, repreients it to them only whom he commandeth. They alfo that have authority to teach, or to enable others to For Inflru Hm»: oft/9e teachthe people their duty to the Soveraign Power, and infirufl Pearle. them in the knowledge of what is juit‘, and unjuit, thereby to ten- _ der them more apt to live in godlineiTe, and in peace amongI themfelves, and refill the publique enemy, are Publique Minififi‘fS 3 Mllliflcrss in thatthey doe it not by their own Authority, but [by ‘3' "others 5 and Publique,.beca_ufe they doe it (or ihould doeit) :3; Par! 2; OfC 0 MVMON-WE AL TH. Chapgg. no Authority, but that of the Soveraign. The Monarch, or the Soveraign Afltmbly only hath immediate Authorit from God, toteach and inftruét the people; and no man but I e Soveraign, receiveth his power Dei gratii fimply; that is to fa: , from the favour ofnone but God: All other, receive theirs rom the favour and providence of God, and their Soveraigns; as in a Monarchy I 11 Dcigratiii o" Regal: -, or Deilfro'uidcmizi é' Malamute Regal. Thev alfo to whom Juri d‘iétion is given, are Publique Minifiers, For in their Seats of Juftice they reprefent the perfon of the Sove- raign; and their Sentence, is his Sentence -, For (as hath been before declared) all Judicature is effentially annexed to the Soveraignty; and therefore all other Judges are but Miniflers of him, or them that have the Soveraign Power. And as Controvcrfies are of two forts, namely ofFafi,and ofLaw «, f0 are judgements, fome of Faét, fome of Law: And confequently in the fame controverfie, there ma be two Jud es, one of Fae}, another of Law. Xnd in botht efe controverlies, there may arife a controverfre between the party Judged, and the Judge; which becaufe they be both Subjeéts to the Soveraian, ought in Equity to be Judged by men agreed on by confent of7both ; for no man can be Judge in his own caufe. But the Soverai nis already agreed on for Judge by them both, and is therefore eit er to heare the Caufe, and determine it himfelf, or appoint for Judge fuch as they {hall both agree on. And this agreement is then underflood to be made between them divers wayes ; as firfi, ifthe Defendant be allowed to except againit fueh of his Judges, whofe interefi maketh him fufpeét them, (for as to the Complaynant he hath already chofen his own Judge, ) thofe which he excepteth not againfi, are Judges he himfelf a recs on. Secondly, ifhe appeale to any other Judge, he can appe e no further; for his appeale is his choice. Thirdly, if he appeale to the Soveraigln himfelf, and he by himfelf, or by Delegates which the parties 1 all agree on, give Sentence; that Sentence is finall: for the Defendant is Judged by his own Judges , that is to fay, by himfelf. . Thefe properties of jult and rationall Judicature confidered, I cannot forbeare to obfervc the excellent conflitution of the Courts ofJufiice, eftabliihed both for Common,and alfo for Publique Pleas in England. By Common Pleas , I meane thofe, where both the Complaynant and Defendant are Subjeéts: and by Publique, (which are alfo called Pleas of the Crown ) thofe, where the Com- playnant is the Soveraign. For whereas there were two orders of men, whereof one was Lords ,the other Commons; The Lords had this Privfledge,to have for Judges in all Capitall crimes, none but Lords -, and of them, as many as would be prefent; which be! mg ever acknowledged as a Priviledge of favour, their Judges were none but fuch as they had thcmfelvcs defired. And in all Controverfiesxvery Subjec'tCas alfo in civill controverfies the Lords) had for Judges, men of the Country where the matter in controvefic lay 5 againit which he might make his exceptions, till at laft Twelve, 2. men: Far fudj; Mm". |