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Show 6», " , Chap.z6 OfCOMMON-WEALTH. 34: um." the memory ofthe firi't Confiitution of their Common-wealth is Part 2'. a Dié'tate of Naturall Reafon, and confequently an evident Law of Nature, that no man ought to weaken that power, the proteétion whereof he hath himfelf demanded, or wittingly received againit others. Therefore of who is Soveraign, no man, but by his own fault, (whatfoever evill men fuggeit,) can make any doubt. The difficulty confifteth in the evidence ofthe Authority derived from him; The removing whereof, dependeth on the knowledge ofthe publique Regii'ters, publique Counfels, publique Miniiters, and publique Seales ; by which all Lawes are fufficiently verified; Vev uthorifed: for the Verification, is but the Te- 7W"! and Itimonyand Record-,not the Authority of the Law; which con- Aur/imfixg fiitethimrhe Command ofthe Soveraign only. If thereforea man have a queition of Injury dependino on the 't - t h e {g entenct° 7/"sz "‘L‘m'5! L awo fNature-.,thatis to fay], on common E3quiy, rhefn/mrdi- of the Judne,:tliat by .Commiifion hath Authority to take cogniWe 3mg" nilance of uch caufes, IS a fufficutnt Verification of the Law of Nature in that individuall cafe. For though the advice of one that profeifeth the Itudy ofthe Law, be ufe full for the avoyding of con- tention;yet it is but advice: tis the judge mufi tell men what is Law, upon the hearing of the Conti‘overfy. But when the quefiion is ofinjury, or crime, u on a written Law; I: 71!: Kink every man by recourfe to the Regii'cers, by him elf, or others, may (rm. (it he will) be fuflicicntly enformed, before he doe fuch injui' , or committhe crimc,whither it be an injury, or not: Nay he ought the Interpreter becomes the Legrflator. . tion. An Lmn A11 Laws written, and unwritten, have need of Interpreta - m4 1",", With as fuch, to eafy 0h be it The unwrittizn Law ofNature,thou 0m partiality, and palfion, make ufg of their naturall reafon, and prmztion. yet confidetherefore leaves the violaters thereof Without excufe; cafes are not fome in that , none aps perh few, very be rin there me of all blinded by fclflovc,or fome other paffion, it is now beco need of eit great the ntly eque Laws the moIt obfcure ; and has conf , areeafily be ihort able Interpreters. The writtenlLaw‘s, ifthey of a word, or two: ions hcar figni s diver the , from reted nterp mif-i ions of many 'icat fignii fe diver iflono, they be more obfcure by the or many few, in ered deliv Law, en writt word: in ft) much as no ding of words, can be wellunderttood,without a perfeét underflan e of the finall caufes, for which the Law was made -, the knowledg fore there can which finallcaufesis inthe Legiflator. To him there ng out the findi b r eithe uble; infol Law, the in knot any not be l, (as. Aw she en what ends, to undoe it bv; or elfe by making Legifla- the ) by knot, ian Gord the d in lexima'er did with his fwor _ doe. r can prete Inter other h no whic tive power ; mon- T/:e A», The Interpretation of the Lawes of Nature, in a Com ‘m" Au- 'b‘tif The hy. of0p Phil ll Mora s on the book ofh not wealt. h, dependet irrrrnrrm, . . I"? 0;, m; maon-weal.h, oftheComm Authority the 0ut thonty of \V‘l‘ltCl‘S,\\'lth keth nor their opinions Law,be they never ['0 ti'ue.That which I have ji- m 21m of written in this 'l‘reatifc, concerning the MorallVertues, and of their wriierr. nCCCmI\', for-the procuring, and maintaining peaceJ though it bee evrdcntTruth, is not therefore prefently Law; but became in all (.‘ommon-wealths in the world, it is part of the Civill Law: For unlawful]. In like manner, he that fuppofeth himfelf injured, inn a though it be naturally reafonable; yet it is by the Soveraigne Power cafe determined bythe written Law, which he may by himfelf, or that it is L.iw:t)therwife, it were a great errour, to call the Lawes of others fee and conlider ,if he complainc before he confults with the Nature unwritten Law -, whereofwee fee f0 many volumes publi- I.aw,he doesunjuftly, and bewrayeth a difpofition rather to vet other men, than to demand his own right. themfelves. ortohave hadrhe means to be informed of it, if a man would, is .1 iufliticent Verification of his Authority. For every man is ebh‘lm to doe his beit endeavour, to informe himfelf of all written Lawcs: I I ' raign; beare a fenfe,c0ntrary to that of the, Sove to doc fo: For when a man doubts whether the act he goeth aboutihc juii, or injuit;and may informe himfelf, if he will; the dointy is ltthe queflion be ofObedience to a publiquc Officflu'ro 113er 3, Lam, rm", W4 feen his Commiflion, with the Publiquc Seale, and heard7 it read ; iii?" $5. e) {hall appoint, wars", (to whom only the Subjeiit oweth obedienc be madeto may For eIIc,by the craftof an Interpreter, the Law by which means tlmpijtaicoriigerne 1his own futhrIe a?ons. T): rm.16 car ator 'nown; an tie awes,either b writin , or by 57:73: 0':- ilécrililiiiiffiif‘m' iufihcrently publilhed; there wahteth yctg'another "mm M ti '1. b CII‘CIIIII ance tomake them obligatory. For it mm: 1C FYI", ut the Intendment, or Meaning; that is to fay the au,1), 5,»... ,,..-g,,p0m,, tht‘nthuc Interpretationof the Law (which is the fenfe of the LC- fiied, and in them to many contradictions of one another, and of The Interpretation of the Law of Nature, is the Sentence of the The firm Judge confirmed by the Soveraign Authority, to heare and de- "wrap/,1; termine {uch controveriies, as depend thereon; and confifleth in LflwiIt/Je‘ For in the aft of 31/42?!"- the application of the Law to the preltnt cafe. Jiidicature,the]udge doth no more but confider, whither the de- fl'égff'rfl'm mand ofthe party, he confonant to naturall reafon, and Equity; Y;V;:‘rfccw_ andthe Sentence he giveth, is therefore the Interpretation of t e ,,£5,[;,:L£fi.z ‘ Law of Nature; Which Interpretation is Authentique -, not becaufe ' it is his private Sentence-,but becaufe he giveth it by Authority ofthe Soveraign, whereby it becomes the Soveraingentence 5 which is Law forthat time3 to the parties pleadig. ‘ giflator,) in which the nature of the Law confiiteth; And therefore I U1: Hut : '-<lfi§5"1‘i‘f,. defended againfi their enemies, and to have their indufti‘y prote. tied, and to be righted when injury is done them; yet becaufe no man that confiders, can make queItion of it, no excufe can be derived from the ignorance ofwhei'e the Soveraignty is placed. And it is R)", 71.41,- 143 the Authority Sovee' retation ofall Lawes dependeth on thofe , which the $0but none be can rs 33; the Interprete wornout,they doe not confider, by whofe power they ufe to be '1):ifcrextc bmvm Ve- rifyed,'1 fay, not €54.26. DfCOMMaN-WEALTH. |