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law : judge judge: law Complete text of 61126965:The Eleventh Equity Also "If a man be trusted to judge between man and man," it is a precept of the law of Nature, "that he deale Equally between them Complete text of 61126982:" The Seventeenth, No Man Is His Own judge And seeing every man is presumed to do all things in order to his own benefit, no man is a fit Arbitrator in his own cause: and if he were never so fit; yet Equity allowing to each party equall benefit, if one be admitted to be judge , the other is to be admitted also; & so the controversie, that is, the cause of War, remains, against the law of Nature Complete text of 61126985:The Nineteenth, Of Witnesse And in a controversie of Fact, the judge being to give no more credit to one, than to the other, (if there be no other Arguments) must give credit to a third; or to a third and fourth; or more: For else the question is undecided, and left to force, contrary to the law of Nature Complete text of 61127145:And Of Rewarding, And Punishing, And That (Where No Former law hath Determined The Measure Of It) Arbitrary: Eleventhly, to the Soveraign is committed the Power of Rewarding with riches, or honour; and of Punishing with corporall, or pecuniary punishment, or with ignominy every Subject according to the Lawe he hath formerly made; or if there be no law made, according as he shall judge most to conduce to the encouraging of men to serve the Common-wealth, or deterring of them from doing dis-service to the same Complete text of 61127643:All Private Estates Of Land Proceed Originally From The Arbitrary Distribution Of The Soveraign In this Distribution, the First law , is for Division of the Land it selfe: wherein the Soveraign assigneth to every man a portion, according as he, and not according as any Subject, or any number of them, shall judge agreeable to Equity, and the Common Good Complete text of 61127799:In all Courts of Justice, the Soveraign (which is the Person of the Common-wealth,) is he that Judgeth: The subordinate judge , ought to have regard to the reason, which moved his Soveraign to make such law , that his Sentence may be according thereunto; which then is his Soveraigns Sentence; otherwise it is his own, and an unjust one Complete text of 61127810:For example, if the Soveraign employ a Publique Minister, without written Instructions what to doe; he is obliged to take for Instructions the Dictates of Reason; As if he make a judge , The judge is to take notice, that his Sentence ought to be according to the reason of his Soveraign, which being alwaies understood to be Equity, he is bound to it by the Law of Nature: Or if an Ambassador, he is (in al things not conteined in his written Instructions) to take for Instruction that which Reason dictates to be most conducing to his Soveraigns interest; and so of all other Ministers of the Soveraignty, publique and private Complete text of 61127832:The law Verifyed By The Subordinate judge If therefore a man have a question of Injury, depending on the law of Nature; that is to say, on common Equity; the Sentence of the judge , that by Commission hath Authority to take cognisance of such causes, is a sufficient Verification of the law of Nature in that individuall case Complete text of 61127833:For though the advice of one that professeth the study of the law , be usefull for the avoyding of contention; yet it is but advice; tis the Judge must tell men what is law , upon the hearing of the Controversy Complete text of 61127848: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 Complete text of 61127849: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 Complete text of 61127854:Princes succeed one another; and one judge passeth, another commeth; nay, Heaven and Earth shall passe; but not one title of the law of Nature shall passe; for it is the Eternall law of God Complete text of 61127855:Therefore all the Sentences of precedent Judges that have ever been, cannot all together make a law contrary to naturall Equity: Nor any Examples of former Judges, can warrant an unreasonable Sentence, or discharge the present judge of the trouble of studying what is Equity (in the case he is to judge ,) from the principles of his own naturall reason Complete text of 61127856:For example sake, 'Tis against the law of Nature, To Punish The Innocent; and Innocent is he that acquitteth himselfe Judicially, and is acknowledged for Innocent by the judge Complete text of 61127868:There be other things of this nature, wherein mens Judgements have been perverted, by trusting to Precedents: but this is enough to shew, that though the Sentence of the judge , be a law to the party pleading, yet it is no law to any judge , that shall succeed him in that Office Complete text of 61127872:For a judge may erre in the Interpretation even of written Lawes; but no errour of a subordinate judge , can change the law , which is the generall Sentence of the Soveraigne Complete text of 61127880:Again, the word of the law , commandeth to judge according to the Evidence: A man is accused falsly of a fact, which the judge saw himself done by another; and not by him that is accused Complete text of 61127881:In this case neither shall the Letter of the law be followed to the condemnation of the Innocent, nor shall the judge give Sentence against the evidence of the Witnesses; because the Letter of the law is to the contrary: but procure of the Soveraign that another be made judge , and himselfe Witnesse Complete text of 61127884:The Abilities Required In A judge The abilities required in a good Interpreter of the law , that is to say, in a good judge , are not the same with those of an Advocate; namely the study of the Lawes Complete text of 61127885:For a judge , as he ought to take notice of the Fact, from none but the Witnesses; so also he ought to take notice of the Law, from nothing but the Statutes, and Constitutions of the Soveraign, alledged in the pleading, or declared to him by some that have authority from the Soveraign Power to declare them; and need not take care before-hand, what hee shall judge ; for it shall bee given him what hee shall say concerning the Fact, by Witnesses; and what hee shall say in point of law , from those that shall in their pleadings shew it, and by authority interpret it upon the place Complete text of 61127887:In like manner, in the ordinary trialls of Right, Twelve men of the common People, are the Judges, and give Sentence, not onely of the Fact, but of the Right; and pronounce simply for the Complaynant, or for the Defendant; that is to say, are Judges not onely of the Fact, but also of the Right: and in a question of crime, not onely determine whether done, or not done; but also whether it be Murder, Homicide, Felony, Assault, and the like, which are determinations of law : but because they are not supposed to know the law of themselves, there is one that hath Authority to enforme them of it, in the particular case they are to judge of Complete text of 61127889:The things that make a good judge , or good Interpreter of the Lawes, are, first A Right Understanding of that principall law of Nature called Equity; which depending not on the reading of other mens Writings, but on the goodnesse of a mans own naturall Reason, and Meditation, is presumed to be in those most, that have had most leisure, and had the most inclination to meditate thereon Complete text of 61127976:In like manner the Latines by Peccatum, which is Sinne, signifie all manner of deviation from the law ; but by crimen, (which word they derive from Cerno, which signifies to perceive,) they mean onely such sinnes, as my be made appear before a judge ; and therfore are not meer Intentions Complete text of 61127979:Secondly, that the Civill law ceasing, Crimes cease: for there being no other law remaining, but that of Nature, there is no place for Accusation; every man being his own judge , and accused onely by his own Conscience, and cleared by the Uprightnesse of his own Intention Complete text of 61128179:But otherwise, it is manifest, that the measure of Good and Evill actions, is the Civill law ; and the judge the Legislator, who is alwayes Representative of the Common-wealth Complete text of 61128292:I mean those, which I have in the precedent Chapter specified: as That men shall judge of what is lawfull and unlawfull, not by the law it selfe, but by their own private Judgements; That Subjects sinne in obeying the Commands of the Common-wealth, unlesse they themselves have first judged them to be lawfull: That their Propriety in their riches is such, as to exclude the Dominion, which the Common-wealth hath over the same: That it is lawfull for Subjects to kill such, as they call Tyrants: That the Soveraign Power may be divided, and the like; which come to be instilled into the People by this means Complete text of 61128350:For this word Counsell, Consilium, corrupted from Considium, is a large signification, and comprehendeth all Assemblies of men that sit together, not onely to deliberate what is to be done hereafter, but also to judge of Facts past, and of law for the present Complete text of 61130337:For the Church cannot judge of Manners but by externall Actions, which Actions can never bee unlawfull, but when they are against the law of the Common-wealth Complete text of 61130451:Seeing then our Saviour hath denyed his Kingdome to be in this world, seeing he hath said, he came not to judge , but to save the world, he hath not subjected us to other Laws than those of the Common-wealth; that is, the Jews to the law of Moses, (which he saith (Mat Complete text of 61130998:"You know what commandements we gave you:" where the Greek word is paraggelias edokamen, equivalent to paredokamen, what wee delivered to you, as in the place next before alledged, which does not prove the Traditions of the Apostles, to be any more than Counsells; though as is said in the 8th verse, "he that despiseth them, despiseth not man, but God": For our Saviour himself came not to judge , that is, to be King in this world; but to Sacrifice himself for Sinners, and leave Doctors in his Church, to lead, not to drive men to Christ, who never accepteth forced actions, (which is all the law produceth,) but the inward conversion of the heart; which is not the work of Laws, but of Counsell, and Doctrine Complete text of 61131116:For Christians, (or men of what Religion soever,) if they tolerate not their King, whatsoever law hee maketh, though it bee concerning Religion, doe violate their faith, contrary to the Divine law , both Naturall and Positive: Nor is there any judge of Haeresie amongst Subjects, but their own Civill Soveraign; for "Haeresie is nothing else, but a private opinion, obstinately maintained, contrary to the opinion which the Publique Person (that is to say, the Representant of the Common-wealth) hath commanded to bee taught Complete text of 61131999:And yet is this Doctrine still practised; and men judge the Goodnesse, or Wickednesse of their own, and of other mens actions, and of the actions of the Common-wealth it selfe, by their own Passions; and no man calleth Good or Evill, but that which is so in his own eyes, without any regard at all to the Publique Laws; except onely Monks, and Friers, that are bound by Vow to that simple obedience to their Superiour, to which every Subject ought to think himself bound by the law of Nature to the Civill Soveraign Complete text of 61132169:This was a law that designed who were to be the Executioners; but not that any one should throw a Stone at him before Conviction and Sentence, where the Congregation was judge |