Secondly, they that have Authority concerning the Militia; to have the
custody of Armes, Forts, Ports; to Levy, Pay, or Conduct Souldiers; or
to provide for any necessary thing for the use of war, either by Land or
Sea, are publique Ministers. But a Souldier without Command, though he
fight for the Common-wealth, 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.
For Instruction Of The People
They also that have authority to teach, or to enable others to teach
the people their duty to the Soveraign Power, and instruct them in the
knowledge of what is just, and unjust, thereby to render them more apt
to live in godlinesse, and in peace among themselves, and resist the
publique enemy, are Publique Ministers: Ministers, in that they doe it
not by their own Authority, but by anothers; and Publique, because they
doe it (or should doe it) by no Authority, but that of the Soveraign.
The Monarch, or the Soveraign Assembly only hath immediate Authority
from God, to teach and instruct the people; and no man but the
Soveraign, 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 Soveraigns; as in a Monarchy Dei Gratia
& Regis; or Dei Providentia & Voluntate Regis.
For Judicature
They also to whom Jurisdiction is given, are Publique Ministers. For in
their Seats of Justice they represent the person of the Soveraign; and
their Sentence, is his Sentence; For (as hath been before declared) all
Judicature is essentially annexed to the Soveraignty; and therefore all
other Judges are but Ministers of him, or them that have the Soveraign
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 controversie, there may be two Judges, one of Fact, another of
Law.