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Show was s )t. . _ . _ <_ ‘ Sentence in whatfoever precedent ju gements, or examples he {hall pretend to follow. There be other things of this nature, wherein mens Judgements have been perverted, by trufting to Precedents : but this is enough to ihew, that though the Sentence of the Judge, be a Law to the party pleading, yet it is no Law to any Judge, that [ball fucceed him in that Office. In like mannemvhen queftion is of the Meaning of written Lawes, Sentence given by authority of the Soveraign, if he know and allow ever aft er. it, in fuch Lawes as are mutable, be a confiiturion of a new. Law, in Law of Nature {hall paife ; for it is the Eternall Law of God. Therefore all the Sentences of precedent Judges that have ever been, cannot all together makea Law contrary to naturall Equity: Nor any Exam les of formerrjudges, can warrant an unreafonable Sentence,'ordi charge the pre entJud e of the trOuble of fludying what is Equity ( in the cafe he is to Ju ge,) from the principles ofhis own natural] reafon. For example fake, 'Tis againfl: the Law of Nature, Topuniyh the Innocent; and Innocent is he that acquitterh himfelfe Judicia ly, and is acknowledged for Innocent by the Judge. Put the cafe now, thataman is accufed of a capitall crime , and feeing the power and malice of fome enemy, and the frequent corruption and partiality of Judges, runnethaway for feare of the event, and afterwards is taken, and brought to a legall triall, and maketh it fufficiently appear, he was not guilty of the crime. and being thereof acquitted, is nevertheleife condemned to lofe his oods; this is a manifefl condemnation of the Innocent. I fay there ore, that there is no place in the world, where this can be an interpretation of a Law of Nature, or be made a Law by the Sentences of precedent Jud es, that had done the fame. For he that judged it firfi, judged unjuhly; and no lnjufiice can be a pattern ofJudgement to fucceeding Judges. A written Law ma forbid innocent men to H , and they may be punifhed for flying: ut that flying for feare o injury, fhould be taken for prefumption of guilt, after a man is already abfolved of the crime Judicially, is contrary to the nature of a Prefumption, which hath no place after Judgement given. Yet this is fet down b r a great Lawyer for the common Law of England. Ifa men (faith e ) that is Innocent, he arm/ed of Felonymnd for flare flyeth for the firm: elhei't he judicial/y acquitteth himfi/fe of the Felony -, yet if it hefonnd that he fled for the Felony, he find! notwithflanding hie Innocent-7': Forfeit all hie goodt, chattel/I, dehtr, and duties. For M to the Forfei- ture of them, the Law will admit no proofe again/f the Pre/nmptiofi 17» Law, grounded upon hirfli' ht. Here you fee, An Innocent man, ff" l he is n0t the Interpreter of them,that writeth a Commentary u on them. For Commentaries are commonly more fubject to cavill,t an the Text; and therefore need other Commentaries 5 and f0 there will be no end of fuch Interpretation. And therefore unleffe there be an Interpreter authorifed by the Soveraign, from which the fubordinate Judges are not to rccede, the Interpreter can be no other than the ore dinaty Judges, in the fame manner, as they are in cafes of the unwrittcn Law ; and their Sentences are to be taken by them that plead, for Lawes in that particular cafe5but not to bind other Judges, in like cafes to give like judgements. For a Judge may erre in the Interpre‘ ration even of written Laivcs ~, but no errour of a fubordinite Judge, can change the Law, which is the generall Sentence of the Soveixiignc. In written Lawes, men ufe to make a difference between the Let- ter, and the Sentence ofthe Liw: And when by the Letter, is meant whatfoever can be gathered from the bare words, 'tis well diflingui- flied. l-‘or the fignificarions of almofl all words, are either in them- fclves, or in the metaphoricall ufe of them, ambiguous ; and may be drawn inargument,to make many fenfes, but there is onely one feni‘e of the Law. But ifby the Letter, be meant the literall fenfe, then the Letter,and the Sentence or intention of the Law, is all one. For the liter-all ienfc is that, which the Legiilator intended, ihould by the letter ofthe Law be fignifled. Now the Intention of the Legitlator is alwayes fuppofed to be Equity : For it were a great contume- ly fora Judge to think otherwife ofthe Soveraigne. He ought there- fore, if the Word of the Law doe not fully authorife a reafonable Sentence, to fupply it with the Law of Nature 5 or if the cafe be difhcult, to tcfpit Judgement till he have received more ample autho- 4104"] acquitted, notwitfh‘ahnnding hie Innoceney, (when no written liiy. For Example, :1 writtcn Law Ordaincth, that he which is thruit Law forbad him to fly) a ter his ac uitall,upon a Prefitmprion in Law; 0‘»: Of his houfe by force, ihall be rei'rorcd by force : It happens that- condemned to lofe all the goods hechath. If the Law ground upon ‘1 "111" by nfgligcnce leaves his houic empty, and returning 13 kc pt out his flight a P tefumption ofthe fact,( which was Capital],) the Sentencc b) NM, in which cafe-there is no fpcciall Law ordained. It is Svi- ent iv, judice -, which no man ought to bring With him to the Seat of ufl‘iee, the fame, or other Judges, in the like cafes for ever after.Princes fucceed one another ; and one Iudge paifeth , another ‘commeth, nay , Heaven and Earth {hall paife; but not one title of the to other Judges, thouoh fworn to follow it. For though a wrong [the C4ft: :m immutable, fuch as are the Lawes of Nature, they are no Lawes to But becaufe there is no Judge Subordinate, not Soveraign,but may erre in a Judgement of Equity; if afterward in another like cafe he find it more confonantto Equity to give a contra Sentence, he 13 .t cafes, in which every little circumftance is the fame 3 yet in Lawcs Chap.26. rence ought to have been Capital] .- if the Prefumption were not of rhe Faét, for what then ought he to lofe his goods 2' This therefore is no Law of England, nor is the condemnation grounded upon a Prefumption of Law, but upon the Prefumption of theJudges, It is alfo againi't Law, to fay that no Proofe {hall be admitted againita I'i‘efumption of Law. For all Judges, Soveraign and fubordinatc, if they refufe to hearc Proofe, refufe to do Juflice : for though the Sentence be Juft, er the Judges that condemn Without hearing the Proofes offerechlare Unjul't Judoes;and‘their Prefumption is 1) Pre- km, or .m- obliged to doe it. No mans error becomes his own aw; nor obliges '5" Judie '0 him to perfift in it.' Neither (forthe fame reafon) becomes it a Law give bk? OfCOMMoN-WE/ILTII, . pmz. Chap." . The Senter" "of a fudge, do" not hmd of COMMON-WE A L TH. _-,V,,Mm-s,:.-;1;&A,.wy fggémh‘swf-Izgfltfih' r454 - emit: '- |