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soveraign : judges judges: soveraign Complete text of 61127129:It belongeth therefore to him that hath the soveraign Power, to be Judge, or constitute all judges of Opinions and Doctrines, as a thing necessary to Peace, thereby to prevent Discord and Civill Warre Complete text of 61127456:If a Subject have a controversie with his Soveraigne, of Debt, or of right of possession of lands or goods, or concerning any service required at his hands, or concerning any penalty corporall, or pecuniary, grounded on a precedent Law; He hath the same Liberty to sue for his right, as if it were against a Subject; and before such judges , as are appointed by the soveraign Complete text of 61127528:And generally, in all Bodies Politique, if any particular member conceive himself Injured by the Body it self, the Cognisance of his cause belongeth to the soveraign , and those the soveraign hath ordained for judges in such causes, or shall ordaine for that particular cause; and not to the Body it self Complete text of 61127607: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 Complete text of 61127613:Thirdly, if he appeale to the soveraign himself, and he by himself, or by Delegates which the parties shall agree on, give Sentence; that Sentence is finall: for the Defendant is Judged by his own judges , that is to say, by himself Complete text of 61127618: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 Complete text of 61127629:But a Body of Counsellors, are never without some other Authority, either of Judicature, or of immediate Administration: As in a Monarchy, they represent the Monarch, in delivering his Commands to the Publique Ministers: In a Democracy, the Councell, or Senate propounds the Result of their deliberations to the people, as a Councell; but when they appoint judges , or heare Causes, or give Audience to Ambassadors, it is in the quality of a Minister of the People: And in an Aristocracy the Councell of State is the soveraign Assembly it self; and gives counsell to none but themselves Complete text of 61127782:Seeing then all Lawes, written, and unwritten, have their Authority, and force, from the Will of the Common-wealth; that is to say, from the Will of the Representative; which in a Monarchy is the Monarch, and in other Common-wealths the soveraign Assembly; a man may wonder from whence proceed such opinions, as are found in the Books of Lawyers of eminence in severall Common-wealths, directly, or by consequence making the Legislative Power depend on private men, or subordinate judges Complete text of 61127853:For though a wrong Sentence given by authority of the soveraign , if he know and allow it, in such Lawes as are mutable, be a constitution of a new Law, in cases, in which every little circumstance is the same; yet in Lawes immutable, such as are the Lawes of Nature, they are no Lawes to the same, or other judges , in the like cases for ever after Complete text of 61127867:For all judges , soveraign and subordinate, if they refuse to heare Proofe, refuse to do Justice: for though the Sentence be Just, yet the judges that condemn without hearing the Proofes offered, are Unjust judges ; and their Presumption is but Prejudice; which no man ought to bring with him to the Seat of Justice, whatsoever precedent judgements, or examples he shall pretend to follow Complete text of 61127871:And therefore unlesse there be an Interpreter authorised by the soveraign , from which the subordinate judges are not to recede, the Interpreter can be no other than the ordinary judges , in the some manner, as they are in cases of the unwritten Law; and their Sentences are to be taken by them that plead, for Lawes in that particular case; but not to bind other judges , in like cases to give like judgements Complete text of 61128099:Nor Pain Inflicted By Usurped Power Fourthly, that the evill inflicted by usurped power, and judges without Authority from the soveraign , is not Punishment; but an act of hostility; because the acts of power usurped, have not for Author, the person condemned; and therefore are not acts of publique Authority Complete text of 61129888:Of The soveraign Power Between The Time Of Joshua And Of Saul After the death of Joshua, till the time of Saul, the time between is noted frequently in the Book of judges , "that there was in those dayes no King in Israel;" and sometimes with this addition, that "every man did that which was right in his own eyes Complete text of 61129898:Therefore whatsoever obedience was yeelded to any of the judges , (who were men chosen by God extraordinarily, to save his rebellious subjects out of the hands of the enemy,) it cannot bee drawn into argument against the Right the High Priest had to the soveraign Power, in all matters, both of Policy and Religion Complete text of 61130657:Seeing then in every Christian Common-wealth, the Civill soveraign is the Supreme Pastor, to whose charge the whole flock of his Subjects is committed, and consequently that it is by his authority, that all other Pastors are made, and have power to teach, and performe all other Pastorall offices; it followeth also, that it is from the Civill Soveraign, that all other Pastors derive their right of Teaching, Preaching, and other functions pertaining to that Office; and that they are but his Ministers; in the same manner as the Magistrates of Towns, Judges in Courts of Justice, and Commanders of Armies, are all but Ministers of him that is the Magistrate of the whole Common-wealth, Judge of all Causes, and Commander of the whole Militia, which is alwayes the Civill soveraign Complete text of 61130771:It is the Civill soveraign , that is to appoint judges , and Interpreters of the Canonicall Scriptures; for it is he that maketh them Laws Complete text of 61130918:" For answer whereunto, we are to remember that the High Priest (next and immediately under God) was the Civill soveraign ; and all judges were to be constituted by him Complete text of 61131033:For Jurisdiction is the Power of hearing and determining Causes between man and man; and can belong to none, but him that hath the Power to prescribe the Rules of Right and Wrong; that is, to make Laws; and with the Sword of Justice to compell men to obey his Decisions, pronounced either by himself, or by the judges he ordaineth thereunto; which none can lawfully do, but the Civill soveraign |