ng what ends he
will, (as Alexander did with his sword in the Gordian knot,) by the
Legislative power; which no other Interpreter can doe.
The Authenticall Interpretation Of Law Is Not That Of Writers
The Interpretation of the Lawes of Nature, in a Common-wealth, dependeth
not on the books of Morall Philosophy. The Authority of writers, without
the Authority of the Common-wealth, maketh not their opinions Law,
be they never so true. That which I have written in this Treatise,
concerning the Morall Vertues, and of their necessity, for the
procuring, and maintaining peace, though it bee evident Truth, is not
therefore presently Law; but because in all Common-wealths in the world,
it is part of the Civill Law: For though it be naturally reasonable; yet
it is by the Soveraigne Power that it is Law: Otherwise, it were a great
errour, to call the Lawes of Nature unwritten Law; whereof wee see
so many volumes published, and in them so many contradictions of one
another, and of themselves.
The Interpreter Of The Law Is The Judge Giving Sentence Viva Voce
In Every Particular Case
The Interpretation of the Law of Nature, is the Sentence of the Judge
constituted by the Soveraign Authority, to heare and determine such
controversies, as depend thereon; and consisteth in the application of
the Law to the present case. For in the act of Judicature, the Judge
doth no more but consider, whither the demand of the party, be consonant
to naturall reason, and Equity; and the Sentence he giveth, is therefore
the Interpretation of the Law of Nature; which Interpretation is
Authentique; not because it is his private Sentence; but because
he giveth it by Authority of the Soveraign, whereby it becomes the
Soveraigns Sentence; which is Law for that time, to the parties
pleading.
The Sentence Of A Judge, Does Not Bind Him, Or Another Judge
To Give Like Sentence In Like Cases Ever After
But because there is no Judge Subordinate, nor Soveraign, but may erre
in a Judgement of Equity; if afterward in another like case he find it
more consonant to Equity to give a contrary Sentence, he is obliged to
doe it. No mans error becomes his own Law; nor obliges him to persist
in it. Neither (for the same reason) becomes it a Law to other Judges,
though sworn to follow it. 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 c
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