Page:The ethics of Hobbes (IA ethicsofhobbes00hobb).pdf/258

Secondly, they that have authority concerning the "militia"; to have the custody of arms, forts, ports; to levy, pay, or conduct soldiers; or to provide for any necessary thing for the use of war, either by land or sea, are public ministers. But a soldier without command, though he fight for the commonwealth, 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.

They also that have authority to teach, or to enable others to teach the people their duty to the sovereign power, and instruct them in the knowledge of what is just, and unjust, thereby to render them more apt to live in godliness, and in peace amongst themselves, and resist the public enemy, are public ministers: ministers, in that they do it not by their own authority, but by another's; and public, because they do it, or 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 gratiâ 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 gratiâ et regis; or Dei providentiâ 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.