should do it, by no authority but that of the sovereign. The monarch, or the sovereign assembly only hath immediate authority from God, to teach and instruct the people; and no man but the sovereign 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 sovereigns; as in a monarchy Dei gratia et regis ; or Dei providentia et voluntate regis .
They also to whom jurisdiction is given, are public ministers. For in their seats of justice they represent the person of the sovereign; and their sentence, is his sentence: for, as hath been before declared, all judicature is essentially annexed to the sovereignty; and therefore all other judges are but ministers of him or them that have the sovereign power. And as controversies are of two sorts, namely of “fact” and of “law”; so are judgments, some of fact, some of law: and consequently in the same controversy there may be two judges, one of fact, another of law.
And in both these controversies there may arise a controversy between the party judged and the judge; which because they be both subjects to the sovereign, ought in equity to be judged by men agreed on by consent of both; for no man can be judge in his own cause. But the sovereign is already agreed on for judge by them both, and is therefore either to hear the cause and determine it himself, or appoint for judge such as they shall both agree on. And this agreement is then understood to be made between them divers ways; as first, if the defendant be allowed to except against such of his judges whose interest maketh him suspect them (for as to the complainant, he hath already chosen his own judge), those which he excepteth not against are judges he himself agrees on. Secondly, if he appeal to any other judge, he can appeal no further; for his appeal is his choice. Thirdly, if he appeal to the sovereign himself, and he by himself, or by delegates which the parties shall agree on, give sentence, that sentence is final; for the defendant is judged by his own judges, that is to say, by himself.