Sentence is finall: for the Defendant is
Judged by his own Judges, that is to say, by himself.
These properties of just and rationall Judicature considered, I cannot
forbeare to observe the excellent constitution of the Courts of Justice,
established both for Common, and also for Publique Pleas in England. By
Common Pleas, I meane those, where both the Complaynant and Defendant
are Subjects: and by Publique, (which are also called Pleas of the
Crown) those, where the Complaynant is the Soveraign. For whereas there
were two orders of men, whereof one was Lords, the other Commons; The
Lords had this Priviledge, to have for Judges in all Capitall crimes,
none but Lords; and of them, as many as would be present; which being
ever acknowledged as a Priviledge of favour, their Judges were none but
such as they had themselves desired. And in all controversies, every
Subject (as also in civill controversies the Lords) had for Judges, men
of the Country where the matter in controversie 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 alledged by the party, why the
sentence should not be finall, These publique persons, with Authority
from the Soveraign Power, either to Instruct, or Judge the people,
are such members of the Common-wealth, as may fitly be compared to the
organs of Voice in a Body naturall.
For Execution
Publique Ministers are also all those, that have Authority from the
Soveraign, to procure the Execution of Judgements given; to publish the
Soveraigns Commands; to suppresse Tumults; to apprehend, and imprison
Malefactors; and other acts tending to the conservation of the
Peace. For every act they doe by such Authority, is the act of the
Common-wealth; and their service, answerable to that of the Hands, in a
Bodie naturall.
Publique Ministers abroad, are those that represent the Person of their
own Soveraign, to forraign States. Such are Ambassadors, Messengers,
Agents, and Heralds, sent by publique Authoritie, and on publique
Businesse.
But such as are sent by Authoritie only of some private partie of a
troubled State, though they be received, are neither Publique, nor
Private Ministers of the Common-wealth; because none of their actions
have the Common-wealth for Author. Likewise, an Ambassador sent from a
Prince, to congratulate, condole, or to assist
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