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Show Mr"; ofcoMMON-WEALTH. Cl:.cp.2'6 dent, that this ‘cafe is contained in the fame Law: for elie there is no Reafo‘n, and l (cdirarion, is prefumed to be in thofe molt, that have remedy for him at all; which is to be fuppofed againft the Intention of the Legiflaror. Again, the word or the Law, c‘omtnandeth to had mod leilure, and had the molt inclination to meditate thereon. ' Judge according to the Evidence : A man is accufed ialfly of. a faét, iv, 70 [75.1in n; pod-3.721071: to devefl bimlefo of all fenre, anger, [am 51.16;) [9,," and (on/Ipafl'zm. Fourthly, and laf'tly, Patience to been; diligmt oer-canoe m boarmg -, ondmmzory to ram", dry]? and apply which the Judge {aw himlelt done by another, and not by him that is accufed. In this cafe neither lhall the Letter of the Law be followed to the condemnation of the Innocent, nor (hall the Judge give Sentence aeainl‘t the evidence of the Witneffe55becaufe the Letter 0f the Law isvto the contrary: but procure of the Soveraion that another be made Judge, and himfelf Witnefle So that I re incommoditythat follows the bare words of a written Law, may lead him to the Intention of the Law, whereby to interpret the fame the better 3 though no Incommodity can warrant a S entence againfi . the 71w filN/illf! Secondlv, Contempt of rmnereflézry Riober, and Preferments. Third- 31113.1: ii]! [Mt]! [1811"]- Thc dirference and divifion of the Lawes, has been made in divers manners, aceoemg to the diffe rent methods, ofthofe men that have Dit't'fazt; a" Law. writti‘nof them. For it isathing that dependeth not on Nature, but Law. For every Judge of Right, and \Vrong, is not Judge of what on the (cape of the Writer , and is tubfervrent to every mans proper metho. l. Inthe Inl‘titutions of fu/li/ziw, we find {even forts of Ci~ . Vsll Lawes. r . T he Edic'lr, Conflimriom, and Epijllc: of the Prime, that is, of the Emperour -, became the whole power of the people was is Commodious, 0r Incommodious to the Common-wealth. in him. Like the (e, are the Proclamations of the Kings of England. The abilities required ina good Interpreter of the Law , that is {Ev-'fwd 1‘" 4 to fay, in a good Judge, are not the fame with thofe ofan Advocate; ; W (e. 1.722. 2, 1/25 Decree; of the Movie people of Rome (comprehending the Senate,) whenthey were put to the Queftion by the Senate. T hefe namely the {tudy of the Lawes. For a Judge, as he ought to take were Lawes, at firlt, by the vertue of the Soveraign Power refiding notice of the Fact, from none but the Witneifes ; f0 alfo he ought to‘ take notice of the Law, from nothino but the Satutes, and Conftitu- in the people ', and luch of them as by the Emperours Were not abro- tions of the Soveraign, alledged int ie pleading, or declared to him by fome that have authority from the Soveraign Power to declare them ,and need not take care before-hand, what hee lhall Judge; for it fliall bee given him what hee (hall fay concerning the Fact, b Witneffes; and what hee {hall fay in point of Law , from thofe that (ball in their pleadings {hew it, and by authority inter ret it upon the place. The Lords of Parlament in England were Ju ges, and molt difficult caufes have been heard and determined by them 5 yet few of them were much verfed in the Rudy of the Lawes, and fewer had made profefiion of them: and though they conl'ulted with Lawyers, that were a pointed to be refent there for that purpofe ,yet they alone had the authority ofpgiving Sentence. In like manner, in the ordinary trialls of Right, Twelve men of the com- mon People,are thegudges, and give Sentence, not onely of the met, but of the Rig tgand pronounce fimply for the Complaynant, or for the Defendant ; that is to fay, are Judges not onely ofthe Fact, but alfo of the Right :and in aquefiion of crime, not onely deter-mine whether done, or not done 5 but alfo whether it be Murder, Ho‘ mio‘m'e, Felony, [max/r, and the like, which are determinations of Law : but becaufe they are not fuppofed to know the Law of them- felves, there is one that hath Authority to enforme them of it, inthe particular cafe they are toJudge of. But yet if they judge not accot» dingto that he tells them, they are not fubjee't thereby to any penal- ty ~, unlelfe it be made appear, they did it againl‘t theii'comtiences, 0'. had been corrupted by reward. The thingsthat make a good Judge, or good Interpreter of €55 Lawes,are, hrft, A right wxa'orflma'mg of that principall Law of Nature called Flynn, which depending not on the reading Of. Other-mens W ritings,b_ut onthe goodnefle of a mans own naturall 13.6.1125" gated7 remained Lawes by the Authority Imperiall. For all Lawes that bind , are underflood to be Lawes by his authority that has; power to repeale them. Somewhat like to thefe Lawes, are the Acts of Parliament in Eng/moi. p . 2. 7/1: Decrees oftbe Common pcople(excluding the Senate, )when they were put to the quefiion by the Triétme of the people. For fuch otthcm as were not abrogated by the Emperours, remained Lawes bv the Authority Imperiall. Like to thefe, were the Orders of the oule of Commons in England. 4. Summit ron/u/m, the Order; of the Semte; becaufe when the mople of Roma grew to numerom, as it was inconvenient to affem- ble them -, it was thought ht by the Emperour,that menlhould Conlult the Senate, in {leadof the people: And thefe have fome referriblance with the Acts of Counfell. 5. "The [Sr/Mfr of Pretort, and ( in fome Cafes) of the e/Ediler: .rtich as are the (t'hiel'e Juflices in the Courts of Eng/Md. 6, [\‘t'lpud/a Prior/aunt"!s,\\'lllch were the Sentences,and Opinions of thole Lawyers, to whom the Emperour gave Authority to interpret the Law, and to give anliver to liich as in matter of Law demanded thezr advtce -, which Anfiversnhe Judges ingiving Judgement were oblzge d by the Conihtutions or the Emperour to obferve:And thould be like the Reports of CalesJudged, if otherJudges be by the Law of ling/and boundto obitrve them, For the Judges of the Com- mon Law of ling/Md, are not properly Judges, but {fur/'5 Ganja/ti ; of whom the Judges, who are either the Lords, or Twelve men of the Country, are in point of Lawto ask advice, 7. Allthwn'mn Coda/oer, ( whiehin their own nature are an nnxazionot' Law,} bythe tacite content or' the Emperour, in cafe they be not contrary to the Law ofNature , are very Lawes. Another dirifion of Lawes, is into Natural! and Fri/[1mm NamU. i rm? |