when the Books of Scripture were gathered into one body of the Law to the end that not the Doctrine only but the Authors also might be extant Of the Prophets the most ancient are Sophoniah Jonas Amos Hosea Isaiah and Michaiah who lived in the time of Amaziah and Azariah otherwise Ozias Kings of Judah But the Book of Jonas is not properly a Register of his Prophecy for that is contained in these few words Fourty dayes and Ninivy shall be destroyed but a History or Narration of his frowardnesse and disputing Gods commandements so that there is small probability he should be the Author seeing he is the subject of it But the Book of Amos is his Prophecy Jeremiah Abdias Nahum and Habakkuk prophecyed in the time of Josiah Ezekiel Daniel Aggeus and Zacharias in the Captivity When Ioel and Malachi prophecyed is not evident by their Writings But considering the Inscriptions or Titles of their Books it is manifest enough that the whole Scripture of the Old Testament was set forth in the form we have it after the return of the Iews from their Captivity in Babylon and before the time of Ptolemaeus Philadelphus that caused it to bee translated into Greek by seventy men which were sent him out of Iudea for that purpose And if the Books of Apocrypha which are recommended to us by the Church though not for Canonicall yet for profitable Books for our instruction may in this point be credited the Scripture was set forth in the form wee have it in by Esdâ—… as may appear by that which he himself saith in the second book chapt 14. verse 21 22 c. where speaking to God he saith thus Thy law is burnt therefore no man knoweth the things which thou hast done or the works that are to begin But if I have found Grace before thee send down the holy Spirit into me and I shall write all that hath been done in the world since the beginning which were written in thy Law that men may find thy path and that they which will live in the later days may live And verse 45. And it came to passe when the forty dayes were fulfilled that the Highest spake saying The first that thou hast written publish openly that the worthy and unworthy may read it but keep the seventy last that thou mayst deliver them onely to such as be wise among the people And thus much concerning the time of the writing of the Bookes of the Old Testament The Writers of the New Testament lived all in lesse then an age after Christs Ascension and had all of them seen our Saviour or been his Disciples except St. Paul and St. Luke and consequently whatsoever was written by them is as ancient as the time of the Apostles But the time wherein the Books of the New Testament were received and acknowledged by the Church to be of their writing is not altogether so ancient For as the Bookes of the Old Testament are derived to us from no other time then that of Esdras who by the direction of Gods Spirit retrived them when they were lost Those of the New Testament of which the copies were not many nor could easily be all in any one private mans hand cannot bee derived from a higher time than that wherein the Governours of the Church collected approved and recommended them to us as the writings of those Apostles and Disciples under whose names they go The first enumeration of all the Bookes both of the Old and New Testament is in the Canons of the Apostles supposed to be collected by Clement the first after St. Peter Bishop of Rome But because that is but supposed and by many questioned the Councell of Laodicea is the first we know that recommended the Bible to the then Christian Churches for the Writings of the Prophets and Apostles and this Councell was held in the 364. yeer after Christ. At which time though ambition had so far prevailed on the great Doctors of the Church as no more to esteem Emperours though Christian for the Shepherds of the people but for Sheep and Emperours not Christian for Wolves and endeavoured to passe their Doctrine not for Counsell and Information as Preachers but for Laws as absolute Governours and thought such frauds as tended to make the people the more obedient to Christian Doctrine to be pious yet I am perswaded they did not therefore falsifie the Scriptures though the copies of the Books of the New Testament were in the hands only of the Ecclesiasticks because if they had had an intention so to doe they would surely have made them more favorable to their power over Christian Princes and Civill Soveraignty than they are I see not therefore any reason to doubt but that the Old and New Testament as we have them now are the true Registers of those things which were done and said by the Prophets and Apostles And so perhaps are some of those Books which are called Apocrypha and left out of the Canon not for inconformity of Doctrine with the rest but only because they are not found in the Hebrew For after the conquest of Asia by Alexander the Great there were few learned Jews that were not perfect in the Greek tongue For the seventy Interpreters that converted the Bible into Greek were all of them Hebrews and we have extant the works of Philo and Josephus both Jews written by them eloquently in Greek But it is not the Writer but the authority of the Church that maketh a Book Canonicall And although these Books were written by divers men yet it is manifest the Writers were all indued with one and the same Spirit in that they conspire to one and the same end which is the setting forth of the Rights of the Kingdome of God the Father Son and Holy Ghost For the Book of Genesis deriveth the Genealogy of Gods people from the creation of the World to the going into Egypt the other four Books of Moses contain the Election of God for their King and the Laws which hee prescribed for their Government The Books of Joshua Judges Ruth and Samuel to the time of Saul describe the acts of Gods people till the time they cast off Gods yoke and called for a King after the manner of their neighbour nations The rest of the History of the Old Testament derives the succession of the line of David to the Captivity out of which line was to spring the restorer of the Kingdome of God even our blessed Saviour God the Son whose coming was foretold in the Bookes of the Prophets after whom the Evangelists write his life and actions and his claim to the Kingdome whilst he lived on earth and lastly the Acts and Epistles of the Apostles declare the coming of God the Holy Ghost and the Authority he left with them and their successors for the direction of the Jews and for the invitation of the Gentiles In summe the Histories and the Prophecies of the old Testament
with lands and houses and officers and revenues set apart from all other humane uses that is consecrated and made holy to those their Idols as Caverns Groves Woods Mountains and whole Ilands and have attributed to them not onely the shapes some of Men some of Beasts some of Monsters but also the Faculties and Passions of men and beasts as Sense Speech Sex Lust Generation and this not onely by mixing one with another to propagate the kind of Gods but also by mixing with men and women to beget mongrill Gods and but inmates of Heaven as Bacchus Hercules and others besides Anger Revenge and other passions of living creatures and the actions proceeding from them as Fraud Theft Adultery Sodomie and any vice that may be taken for an effect of Power or a cause of Pleasure and all such Vices as amongst men are taken to be against Law rather than against Honour Lastly to the Prognostiques of time to come which are naturally but Conjectures upon the Experience of time past and supernaturally divine Revelation the same authors of the Religion of the Gentiles partly upon pretended Experience partly upon pretended Revelation have added innumerable other superstitious wayes of Divination and made men believe they should find their fortunes sometimes in the ambiguous or senslesse answers of the Priests at Delphi Delos Ammon and other famous Oracles which answers were made ambiguous by designe to own the event both wayes or absurd by the intoxicating vapour of the place which is very frequent in sulphurous Cavernes Sometimes in the leaves of the Sibills of whose Prophecyes like those perhaps of Nostradamus for the fragments now extant seem to be the invention of later times there were some books in reputation in the time of the Roman Republiques Sometimes in the insignificant Speeches of Mad-men supposed to be possessed with a divine Spirit which Possession they called Enthusiasme and these kinds of foretelling events were accounted Theomancy or Prophecy Sometimes in the aspect of the Starres at their Nativity which was called Horoscopy and esteemed a part of judiciary Astrology Sometimes in their own hopes and feares called Thumomancy or Presage Sometimes in the Prediction of Witches that pretended conference with the dead which is called Necromancy Conjuring and Witchcraft and is but juggling and confederate knavery Sometimes in the Casuall flight or feeding of birds called Augury Sometimes in the Entrayles of a sacrificed beast which was Aruspicina Sometimes in Dreams Sometimes in Croaking of Ravens or chattering of Birds Sometimes in the Lineaments of the face which was called Metoposcopy or by Palmistry in the lines of the hand in casuall words called Omina Sometimes in Monsters or unusuall accidents as Ecclipses Comets rare Meteors Earthquakes Inundations uncouth Births and the like which they called Portenta and Ostenta because they thought them to portend or foreshew some great Calamity to come Somtimes in meer Lottery as Crosse and Pile counting holes in a sive dipping of Verses in Homer and Virgil and innumerable other such vaine conceipts So easie are men to be drawn to believe any thing from such men as have gotten credit with them and can with gentlenesse and dexterity take hold of their fear and ignorance And therefore the first Founders and Legislators of Common-wealths amongst the Gentiles whose ends were only to keep the people in obedience and peace have in all places taken care First to imprint in their minds a beliefe that those precepts which they gave concerning Religion might not be thought to proceed from their own device but from the dictates of some God or other Spirit or else that they themselves were of a higher nature than mere mortalls that their Lawes might the more easily be received So Numa Pompilius pretended to receive the Ceremonies he instituted amongst the Romans from the Nymph Egeria and the first King and founder of the Kingdome of Peru pretended himselfe and his wife to be the children of the Sunne and Mahomet to set up his new Religion pretended to have conferences with the Holy Ghost in forme of a Dove Secondly they have had a care to make it believed that the same things were displeasing to the Gods which were forbidden by the Lawes Thirdly to prescribe Ceremonies Supplications Sacrifices and Festivalls by which they were to believe the anger of the Gods might be appeased and that ill success in War great contagions of Sicknesse Earthquakes and each mans private Misery came from the Anger of the Gods and their Anger from the Neglect of their Worship or the forgetting or mistaking some point of the Ceremonies required And though amongst the antient Romans men were not forbidden to deny that which in the Poets is written of the paines and pleasures after this life which divers of great authority and gravity in that state have in their Harangues openly derided yet that beliefe was alwaies more cherished than the contrary And by these and such other Institutions they obtayned in order to their end which was the peace of the Commonwealth that the common people in their misfortunes laying the fault on neglect or errour in their Ceremonies or on their own disobedience to the lawes were the lesse apt to mutâ—…ny against their Governors And being entertained with the pomp and pastime of Festivalls and publike Games made in honour of the Gods needed nothing else but bread to keep them from discontent murmuring and commotion against the State And therefore the Romans that had conquered the greatest part of the then known World made no scruple of tollerating any Religion whatsoeuer in the City of Rome it selfe unlesse it had somthing in it that could not consist with their Civill Government nor do we read that any Religion was there forbidden but that of the Jewes who being the peculiar Kingdome of God thought it unlawfull to acknowledge subjection to any mortall King or State whatsoever And thus you see how the Religion of the Gentiles was a part of their Policy But where God himselfe by supernaturall Revelation planted Religion there he also made to himselfe a peculiar Kingdome and gave Lawes not only of behaviour towards himselfe but also towards one another and thereby in the Kingdome of God the Policy and lawes Civill are a part of Religion and therefore the distinction of Temporall and Spirituall Domination hath there no place It is true that God is King of all the Earth Yet may he be King of a peculiar and chosen Nation For there is no more incongruity therein than that he that hath the generall command of the whole Army should have withall a peculiar Regiment or Company of his own God is King of all the Earth by his Power but of his chosen people he is King by Covenant But to speake more largly of the Kingdome of God both by Nature and Covenant I have in the following discourse assigned an other place From the propagation of Religion it is not hard to understand the causes
Intention is evill or if the number be considerable unknown they are Unlawfull In Bodies Politique the power of the Representative is alwaies Limited And that which prescribeth the Limits thereof is the Power Soveraign For Power Unlimited is absolute Soveraignty And the Soveraign in every Commonwealth is the absolute Representative of all the subjects and therefore no other can be Representative of any part of them but so far forth as he shall give leave And to give leave to a Body Politique of Subjects to have an absolute Representative to all intents and purposes were to abandon the government of so much of the Commonwealth and to divide the Dominion contrary to their Peace and Defence which the Soveraign cannot be understood to doe by any Grant that does not plainly and directly discharge them of their subjection For consequences of words are not the signes of his will when other consequences are signes of the contrary but rather signes of errour and misreckonning to which all mankind is too prone The bounds of that Power which is given to the Representative of a Bodie Politique are to be taken notice of from two things One is their Writt or Letters from the Soveraign the other is the Law of the Common-wealth For though in the Institution or Acquisition of a Common-wealth which is independent there needs no Writing because the Power of the Representative has there no other bounds but such as are set out by the unwritten Law of Nature yet in subordinate bodies there are such diversities of Limitation necessary concerning their businesses times and places as can neither be remembred without Letters nor taken notice of unlesse such Letters be Patent that they may be read to them and withall sealed or testified with the Seales or other permanent signes of the Authority Soveraign And because such Limitation is not alwaies easie or perhaps possible to be described in writing the ordinary Lawes common to all Subjects must determine what the Representative may lawfully do in all Cases where the Letters themselves are silent And therefore In a Body Politique if the Representative be one man whatsoever he does in the Person of the Body which is not warranted in his Letters nor by the Lawes is his own act and not the act of the Body nor of any other Member thereof besides himselfe Because further than his Letters or the Lawes limit he representeth no mans person but his own But what he does according to these is the act of every one For of the Act of the Soveraign every one is Author because he is their Representative unlimited and the act of him that recedes not from the Letters of the Soveraign is the act of the Soveraign and therefore every member of the Body is Author of it But if the Representative be an Assembly whatsoever that Assembly shall Decree not warranted by their Letters or the Lawes is the act of the Assembly or Body Politique and the act of every one by whose Vote the Decree was made but not the act of any man that being present Voted to the contrary nor of any man absent unlesse he Voted it by procuration It is the act of the Assembly because Voted by the major part and if it be a crime the Assembly may be punished as farre-forth as it is capable as by dissolution or forfeiture of their Letters which is to such artificiall and fictitious Bodies capitall or if the Assembly have a Common stock wherein none of the Innocent Members have propriety by pecuniary Mulct For from corporall penalties Nature hath exempted all Bodies Politique But they that gave not their Vote are therefore Innocent because the Assembly cannot Represent any man in things unwarranted by their Letters and consequently are involved in their Votes If the person of the Body Politique being in one man borrow mony of a stranger that is of one that is not of the same Body for no Letters need limit borrowing seeing it is left to mens own inclinations to limit lending the debt is the Representatives For if he should have Authority from his Letters to make the members pay what he borroweth he should have by consequence the Soveraignty of them and therefore the grant were either voyd as proceeding from Errour commonly incident to humane Nature and an unsufficient signe of the will of the Granter or if it be avowed by him then is the Representer Soveraign and falleth not under the present question which is onely of Bodies subordinate No member therefore is obliged to pay the debt so borrowed but the Representative himselfe because he that lendeth it being a stranger to the Letters and to the qualification of the Body understandeth those onely for his debtors that are engaged and seeing the Representer can ingage himselfe and none else has him onely for Debtor who must therefore pay him out of the common stock if there be any or if there be none out of his own estate If he come into debt by Contract or Mulct the case is the same But when the Representative is an Assembly and the debt to a stranger all they and onely they are responsible for the debt that gave their votes to the borrowing of it or to the Contract that made it due or to the fact for which the Mulct was imposed because every one of those in voting did engage himselfe for the payment For he that is author of the borrowing is obliged to the payment even of the whole debt though when payd by any one he be discharged But if the debt be to one of the Assembly the Assembly onely is obliged to the payment out of their common stock if they have any For having liberty of Vote if he Vote the Mony shall be borrowed he Votes it shall be payd If he Vote if shall not be borrowed or be absent yet because in lending he voteth the borrowing he contradicteth his former Vote and is obliged by the later and becomes both borrower and lender and consequently cannot demand payment from any particular man but from the common Treasure onely which fayling he hath no remedy nor complaint but against himselfe that being privy to the acts of the Assembly and to their means to pay and not being enforced did neverthelesse through his own folly lend his mony It is manifest by this that in Bodies Politique subordinate and subject to a Soveraign Power it is sometimes not onely lawfull but expedient for a particular man to make open protestation against the decrees of the Representative Assembly and cause their dissent to be Registred or to take witnesse of it because otherwise they may be obliged to pay debts contracted and be responsible for crimes committed by other men But in a Soveraign Assembly that liberty is taken away both because he that protesteth there denies their Soveraignty and also because whatsoever is commanded by the Soverign Power is as to the Subject though not so alwayes
not a Common benefit to the whole Body which have in this case no common stock but what is deducted out of the particular adventures for building buying victualling and manning of Ships but the particular gaine of every adventurer it is reason that every one be acquainted with the employment of his own that is that every one be of the Assembly that shall have the power to order the same and be acquainted with their accounts And therefore the Representative of such a Body must be an Assembly where every member of the Body may be present at the consultations if he will If a Body Politique of Merchants contract a debt to a stranger by the act of their Representative Assembly every Member is lyable by himself for the whole For a stranger can take no notice of their private Lawes but considereth them as so many particular men obliged every one to the whole payment till payment made by one dischargeth all the rest But if the debt be to one of the Company the creditor is debter for the whole to himself and cannot therefore demand his debt but only from the common stock if there be any If the Common-wealth impose a Tax upon the Body it is understood to be layd upon every Member proportionably to his particular adventure in the Company For there is in this case no other common stock but what is made of their particular adventures If a Mulct be layd upon the Body for some unlawfull act they only are lyable by whose votes the act was decreed or by whose assistance it was executed for in none of the rest is there any other crime but being of the Body which if a crime because the Body was ordeyned by the authority of the Common-wealth is not his If one of the Members be indebted to the Body he may 〈◊〉 sued by the Body but his goods cannot be taken nor his person imprisoned by the authority of the Body but only by Authority of the Common-wealth for if they can doe it by their own Authority they can by their own Authority give judgement that the debt is due which is as much as to be Judge in their own Cause Those Bodies made for the government of Men or of Traffique be either perpetuall or for a time prescribed by writing But there be Bodies also whose times are limited and that only by the nature of their businesse For example if a Soveraign Monarch or a Soveraign Assembly shall think fit to give command to the towns and other severall parts of their territory to send to him their Deputies to enforme him of the condition and necessities of the Subjects or to advise with him for the making of good Lawes or for any other cause as with one Person representing the whole Country such Deputies having a place and time of meeting assigned them are there and at that time a Body Politique representing every Subject of that Dominion but it is onely for such matters as shall be propounded unto them by that Man or Assembly that by the Soveraign Authority sent for them and when it shall be declared that nothing more shall be propounded nor debated by them the Body is dissolved For if they were the absolute Representative of the people then were it the Soveraign Assembly and so there would be two Soveraign Assemblies or two Soveraigns over the same people which cannot consist with their Peace And therefore where there is once a Soveraignty there can be no absolute Representation of the people but by it And for the limits of how farre such a Body shall represent the whole People they are set forth in the Writing by which they were sent for For the People cannot choose their Deputies to other intent than is in the Writing directed to them from their Soveraign expressed Private Bodies Regular and Lawfull are those that are constituted without Letters or other written Authority saving the Lawes common to all other Subjects And because they be united in one Person Representative they are held for Regular such as are all Families in which the Father or Master ordereth the whole Family For he obligeth his Children and Servants as farre as the Law permitteth though not further because none of them are bound to obedience in those actions which the Law hath forbidden to be done In all other actions during the time they are under domestique government they are subject to their Fathers and Masters as to their immediate Soveraigns For the Father and Master being before the Institution of Common-wealth absolute Soveraigns in their own Families they lose afterward no more of their Authority than the Law of the Common-wealth taketh from them Private Bodies Regular but Unlawfull are those that unite themselves into one person Representative without any publique Authority at all such as are the Corporations of Beggars Theeves and Gipsies the better to order their trade of begging and stealing and the Corporations of men that by Authority from any forraign Person unite themselves in anothers Dominion for the easier propagation of Doctrines and for making a party against the Power of the Common-wealth Irregular Systemes in their nature but Leagues or sometimes meer concourse of people without union to any particular designe not by obligation of one to another but proceeding onely from a similitude of wills and inclinations become Lawfull or Unlawfull according to the lawfulnesse or unlawfulnesse of every particular mans designe therein And his designe is to be understood by the occasion The Leagues of Subjects because Leagues are commonly made for mutuall defence are in a Common wealth which is no more than a League of all the Subjects together for the most part unnecessary and savour of unlawfull designe and are for that cause Unlawfull and go commonly by the name of Factions or Conspiracies For a League being a connexion of men by Covenants if there be no power given to any one Man or Assembly as in the condition of meer Nature to compell them to performance is so long onely valid as there ariseth no just cause of distrust and therefore Leagues between Common-wealths over whom there is no humane Power established to keep them all in awe are not onely lawfull but also profitable for the time they last But Leagues of the Subjects of one and the same Common-wealth where every one may obtain his right by means of the Soveraign Power are unnecessary to the maintaining of Peace and Justice and in case the designe of them be evill or Unknown to the Common-wealth unlawfull For all uniting of strength by private men is if for evill intent unjust if for intent unknown dangerous to the Publique and unjustly concealed If the Soveraign Power be in a great Assembly and a number of men part of the Assembly without authority consult a part to contrive the guidance of the rest This is a Faction or Conspiracy unlawfull as being a fraudulent seducing of the Assembly for their particular
is once settled then are they actually Lawes and not before as being then the commands of the Common-wealth and therefore also Civill Lawes For it is the Soveraign Power that obliges men to obey them For in the differences of private men to declare what is Equity what is Justice and what is morall Vertue and to make them binding there is need of the Ordinances of Soveraign Power and Punishments to be ordaine d for such as shall break them which Ordinances are therefore part of the Civill Law The Law of Nature therefore is a part of the Civill Law in all Common-wealths of the world Reciprocally also the Civill Law is a part of the Dictates of Nature For Justice that is to say Performance of Covenant and giving to every man his own is a Dictate of the Law of Nature But every subject in a Common-wealth hath covenanted to obey the Civill Law either one with another as when they assemble to make a common Representative or with the Representative it selfe one by one when subdued by the Sword they promise obedience that they may receive life And therefore Obedience to the Civill Law is part also of the Law of Nature Civill and Naturall Law are not different kinds but different parts of Law whereof one part being written is called Civill the other unwritten Naturall But the Right of Nature that is the naturall Liberty of man may by the Civill Law be abridged and restrained nay the end of making Lawes is no other but such Restraint without the which there cannot possibly be any Peace And Law was brought into the world for nothing else but to limit the naturall liberty of particular men in such manner as they might not hurt but assist one another and joyn together against a common Enemy 5. If the Soveraign of one Common-wealth subdue a People that have lived under other written Lawes and afterwards govern them by the same Lawes by which they were governed before yet those Lawes are the Civill Lawes of the Victor and not of the Vanquished Common-wealth For the Legislator is he not by whose authority the Lawes were first made but by whose authority they now continue to be Lawes And therefore where there be divers Provinces within the Dominion of a Common-wealth and in those Provinces diversity of Lawes which commonly are called the Customes of each severall Province we are not to understand that such Customes have their force onely from Length of Time but that they were antiently Lawes written or otherwise made known for the Constitutions and Statutes of their Soveraigns and are now Lawes not by vertue of the Praescription of time but by the Constitutions of their present Soveraigns But if an unwritten Law in all the Provinces of a Dominion shall be generally observed and no iniquity appear in the use thereof that Law can be no other but a Law of Nature equally obliging all man-kind 6. Seeing then all Lawes written and unwritten have their Authority and force from the Will of the Common-wealth that is to say from the Will of the Representative which in a Monarchy is the Monarch and in other Common-wealths the Soveraign Assembly a man may wonder from whence proceed such opinions as are found in the Books of Lawyers of eminence in severall Common-wealths directly or by consequence making the Legislative Power depend on private men or subordinate Judges As for example That the Common Law hath no Controuler but the Parlament which is true onely where a Parlament has the Soveraign Power and cannot be assembled nor dissolved but by their own discretion For if there be a right in any else to dissolve them there is a right also to controule them and consequently to controule their controulings And if there be no such right then the Controuler of Lawes is not Parlamentum but Rex in Parlamento And were a Parlament is Soveraign if it should assemble never so many or so wise men from the Countries subject to them for whatsoever cause yet there is no man will believe that such an Assembly hath thereby acquired to themselves a Legislative Power Item that the two arms of a Common-wealth are Force and Justice the first whereof is in the King the other deposited in the hands of the Parlament As if a Common-wealth could consist where the Force were in any hand which Justice had not the Authority to command and govern 7. That Law can never be against Reason our Lawyers are agreed and that not the Letter that is every construction of it but that which is according to the Intention of the Legislator is the Law And it is true but the doubt is of whose Reason it is that shall be received for Law It is not meant of any private Reason for then there would be as much contradiction in the Lawes as there is in the Schooles nor yet as Sr. Ed. Coke makes it an Artificiall perfection of Reason gotten by long study observation and experience as his was For it is possible long study may encrease and confirm erroneous Sentences and where men build on false grounds the more they build the greater is the ruine and of those that study and observe with equall time and diligence the reasons and resolutions are and must remain discordant and therefore it is not that Juris prudentia or wisedome of subordinate Judges but the Reason of this our Artificiall Man the Common-wealth and his Command that maketh Law And the Common-wealth being in their Representative but one Person there cannot easily arise any contradiction in the Lawes and when there doth the same Reason is able by interpretation or alteration to take it away 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 8. From this that the Law is a Command and a Command consisteth in declaration or manifestation of the will of him that commandeth by voyce writing or some other sufficient argument of the same we may understand that the Command of the Common-wealth is Law onely to those that have means to take notice of it Over naturall fooles children or mad-men there is no Law no more than over brute beasts nor are they capable of the title of just or unjust because they had never power to make any covenant or to understand the consequences thereof and consequently never took upon them to authorise the actions of any Soveraign as they must do that make to themselves a Common-wealth And as those from whom Nature or Accident hath taken away the notice of all Lawes in generall so also every man from whom any accident not proceeding from his own default hath taken away the means to take notice of any particular Law is excused if
he observe it not And to speak properly that Law is no Law to him It is therefore necessary to consider in this place what arguments and signes be sufficient for the knowledge of what is the Law that is to say what is the will of the Soveraign as well in Monarchies as in other formes of government And first if it be a Law that obliges all the Subjects without exception and is not written nor otherwise published in such places as they may take notice thereof it is a Law of Nature For whatsoever men are to take knowledge of for Law not upon other mens words but every one from his own reason must be such as is agreeable to the reason of all men which no Law can be but the Law of Nature The Lawes of Nature therefore need not any publishing nor Proclamation as being contained in this one Sentence approved by all the world Do not that to another which thou thinkest unreasonable to be done by another to thy selfe Secondly if it be a Law that obliges only some condition of men or one particular man and be not written nor published by word then also it is a Law of Nature and known by the same arguments and signs that distinguish those in such a condition from other Subjects For whatsoever Law is not written or some way published by him that makes it Law can be known no way but by the reason of him that is to obey it and is therefore also a Law not only Civill but Naturall 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 all 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 All which Instructions of naturall Reason may be comprehended under one name of Fidelity which is a branch of naturall Justice The Law of Nature excepted it belongeth to the essence of all other Lawes to be made known to every man that shall be obliged to obey them either by word or writing or some other act known to proceed from the Soveraign Authority For the will of another cannot be understood but by his own word or act or by conjecture taken from his scope and purpose which in the person of the Common-wealth is to be supposed alwaies consonant to Equity and Reason And in antient time before letters were in common use the Lawes were many times put into verse that the rude people taking pleasure in singing or reciting them might the more easily reteine them in memory And for the same reason Solomon adviseth a man to bind the ten Commandements upon his ten fingers And for the Law which Moses gave to the people of Israel at the renewing of the Covenant * he biddeth them to teach it their Children by discoursing of it both at home and upon the way at going to bed and at rising from bed and to write it upon the posts and dores of their houses and to assemble the people man woman and child to heare it read Nor is it enough the Law be written and published but also that there be manifest signs that it proceedeth from the will of the Soveraign For private men when they have or think they have force enough to secure their unjust designes and convoy them safely to their ambitious ends may publish for Lawes what they please without or against the Legislative Authority There is therefore requisite not only a Declaration of the Law but also sufficient signes of the Author and Authority The Author or Legislator is supposed in every Common-wealth to be evident because he is the Soveraign who having been Constituted by the consent of every one is supposed by every one to be sufficiently known And though the ignorance and security of men be such for the most part as that when the memory of the first Constitution of their Common-wealth is worn out they doe not consider by whose power they use to be defended against their enemies and to have their industry protected and to be righted when injury is done them yet because no man that considers can make question of it no excuse can be derived from the ignorance of where the Soveraignty is placed And it is a Dictate of Naturall Reason and consequently an evident Law of Nature that no man ought to weaken that power the protection whereof he hath himself demanded or wittingly received against others Therefore of who is Soveraign no man but by his own fault whatsoever evill men suggest can make any doubt The difficulty consisteth in the evidence of the Authority derived from him The removing whereof dependeth on the knowledge of the publique Registers publique Counsels publique Ministers and publique Seales by which all Lawes are sufficiently verified Verifyed I say not Authorised for the Verification is but the Testimony and Record not the Authority of the Law which consisteth in the Command of the Soveraign only 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 cogninisance of such causes is a sufficient Verification of the Law of Nature in that individuall case 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 t is the Judge must tell men what is Law upon the hearing of the Controversy But when the question is of injury or crime upon a written Law every man by recourse to the Registers by himself or others may if he will be sufficiently enformed before he doe such injury or commit the crime whither it be an injury or not Nay he ought to doe so For when a man doubts whether the act he goeth about be just or injust and may informe himself if he will the doing is unlawfull In like manner he that supposeth himself injured in a case determined by the written Law which he may by himself or others see and consider if he complaine before he consults with the Law he does unjustly and bewrayeth a disposition rather to vex other men than to demand his own right If the question be of Obedience to a publique Officer To have seen his Commission with the Publique Seale and heard it read or to have had the means to be informed of it if a man would is a sufficient Verification of his Authority For every man is obliged to doe his best endeavour to informe himself of
and delivered by God himselfe to Moses and by Moses made known to the people Before that time there was no written Law of God who as yet having not chosen any people to bee his peculiar Kingdome had given no Law to men but the Law of Nature that is to say the Precepts of Naturall Reason written in every mans own heart Of these two Tables the first containeth the law of Soveraignty 1. That they should not obey nor honour the Gods of other Nations in these words Non-habebis Deos alienos coram me that is Thou shalt not have for Gods the Gods that other Nations worship but onely me whereby they were forbidden to obey or honor as their King and Governour any other God than him that spake unto them then by Moses and afterwards by the High Priest 2. That they should not make any Image to represent him that is to say they were not to choose to themselves neither in heaven nor in earth any Representative of their own fancying but obey Moses and Aaron whom he had appointed to that office 3. That they should not take the Name of God in vain that is they should not speak rashly of their King nor dispute his Right nor the commissions of Moses and Aaron his Lieutenants 4. That they should every Seventh day abstain from their ordinary labour and employ that time in doing him Publique Honor. The second Table containeth the Duty of one man towards another as To honor Parents Not to kill Not to Commit Adultery Not to steale Not to corrupt Iudgment by false witnesse and finally Not so much as to designe in their heart the doing of any injury one to another The question now is Who it was that gave to these written Tables the obligatory force of Lawes There is no doubt but they were made Laws by God himselfe But because a Law obliges not nor is Law to any but to them that acknowledge it to be the act of the Soveraign how could the people of Israel that were forbidden to approach the Mountain to hear what God said to Moses be obliged to obedience to all those laws which Moses propounded to them Some of them were indeed the Laws of Nature as all the Second Table and therefore to be acknowledged for Gods Laws not to the Israelites alone but to all people But of those that were peculiar to the Israelites as those of the first Table the question remains saving that they had obliged themselves presently after the propounding of them to obey Moses in these words Exod. 20. 19. Speak thou to us and we will hear thee but let not God speak to us lest we dye It was therefore onely Moses then and after him the High Priest whom by Moses God declared should administer this his peculiar Kingdome that had on Earth the power to make this short Scripture of the Decalogue to bee Law in the Common-wealth of Israel But Moses and Aaron and the succeeding High Priests were the Civill Soveraigns Therefore hitherto the Canonizing or making of the Scripture Law belonged to the Civill Soveraigne The Judiciall Law that is to say the Laws that God prescribed to the Magistrates of Israel for the rule of their administration of Justice and of the Sentences or Judgments they should pronounce in Pleas between man and man and the Leviticall Law that is to say the rule that God prescribed touching the Rites and Ceremonies of the Priests and Levites were all delivered to them by Moses onely and therefore also became Lawes by vertue of the same promise of obedience to Moses Whether these laws were then written or not written but dictated to the People by Moses after his forty dayes being with God in the Mount by word of mouth is not expressed in the Text but they were all positive Laws and equivalent to holy Scripture and made Canonicall by Moses the Civill Soveraign After the Israelites were come into the Plains of Moab over against Jericho and ready to enter into the land of Promise Moses to the former Laws added divers others which therefore are called Deuteronomy that is Second Laws And are as it is written Deut. 29. 1. The words of a Covenant which the Lord commanded Moses to make with the Children of Israel besides the Covenant which he made with them in Horeb. For having explained those former Laws in the beginning of the Book of Deuteronomy he addeth others that begin at the 12. Cha. and continue to the end of the 26. of the same Book This Law Deut. 27. 1. they were commanded to write upon great stones playstered over at their passing over Jordan This Law also was written by Moses himself in a Book and delivered into the hands of the Priests and to the Elders of Israel Deut. 31. 9. and commanded ve 26. to be put in the side of the Arke for in the Ark it selfe was nothing but the Ten Commandements This was the Law which Moses Deuteronomy 17. 18. commanded the Kings of Israel should keep a copie of And this is the Law which having been long time lost was found again in the Temple in the time of Josiah and by his authority received for the Law of God But both Moses at the writing and Josiah at the recovery thereof had both of them the Civill Soveraignty Hitherto therefore the Power of making Scripture Canonicall was in the Civill Soveraign Besides this Book of the Law there was no other Book from the time of Moses till after the Captivity received amongst the Jews for the Law of God For the Prophets except a few lived in the time of the Captivity it selfe and the rest lived but a little before it and were so far from having their Prophecies generally received for Laws as that their persons were persecuted partly by false Prophets and partly by the Kings which were seduced by them And this Book it self which was confirmed by Josiah for the Law of God and with it all the History of the Works of God was lost in the Captivity and sack of the City of Jerusalem as appears by that of 2 Esdras 14. 21. Thy Law is burnt therefore no man knoweth the things that are done of thee or the works that shall begin And before the Captivity between the time when the Law was lost which is not mentioned in the Scripture but may probably be thought to be the time of Rehoboam when Shishak King of Egypt took the spoile of the Temple and the time of Josiah when it was found againe they had no written Word of God but ruled according to their own discretion or by the direction of such as each of them esteemed Prophets From hence we may inferre that the Scriptures of the Old Testament which we have at this day were not Canonicall nor a Law unto the Jews till the renovation of their Covenant with God at their return from the Captivity and restauration of their Common-wealth under Esdras But from that time
forward they were accounted the Law of the Jews and for such translated into Greek by Seventy Elders of Judaea and put into the Library of Ptolemy at Alexandria and approved for the Word of God Now seeing Esdras was the High Priest and the High Priest was their Civill Soveraigne it is manifest that the Scriptures were never made Laws but by the Soveraign Civill Power By the Writings of the Fathers that lived in the time before that Christian Religion was received and authorised by Constantine the Emperour we may find that the Books wee now have of the New Testament were held by the Christians of that time except a few in respect of whose paucity the rest were called the Catholique Church and others Haeretiques for the dictates of the Holy Ghost and consequently for the Canon or Rule of Faith such was the reverence and opinion they had of their Teachers as generally the reverence that the Disciples bear to their first Masters in all manner of doctrine they receive from them is not small Therefore there is no doubt but when S. Paul wrote to the Churches he had converted or any other Apostle or Disciple of Christ to those which had then embraced Christ they received those their Writings for the true Christian Doctrine But in that time when not the Power and Authority of the Teacher but the Faith of the Hearer caused them to receive it it was not the Apostles that made their own Writings Canonicall but every Convert made them so to himself But the question here is not what any Christian made a Law or Canon to himself which he might again reject by the same right he received it but what was so made a Canon to them as without injustice they could not doe any thing contrary thereunto That the New Testament should in this sense be Canonicall that is to say a Law in any place where the Law of the Common-wealth had not made it so is contrary to the nature of a Law For a Law as hath been already shewn is the Commandement of that Man or Assembly to whom we have given Soveraign Authority to make such Rules for the direction of our actions as hee shall think fit and to punish us when we doe any thing contrary to the same When therefore any other man shall offer unto us any other Rules which the Soveraign Ruler hath not prescribed they are but Counsell and Advice which whether good or bad hee that is counselled may without injustice refuse to observe and when contrary to the Laws already established without injustice cannot observe how good soever he conceiveth it to be I say he cannot in this case observe the same in his actions nor in his dicourse with other men though he may without blame beleeve his private Teachers and wish he had the liberty to practise their advice and that it were publiquely received for Law For internall Faith is in its own nature invisible and consequently exempted from all humane jurisdiction whereas the words and actions that proceeed from it as breaches of our Civill obedience are injustice both before God and Man Seeing then our Saviour hath denyed his Kingdome to be in this world seeing he had 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. 5. he came not to destroy but to fulfill and other Nations to the Laws of their severall Soveraigns and all men to the Laws of Nature the observing whereof both he himselfe and his Apostles have in their teaching recommended to us as a necessary condition of being admitted by him in the last day into his eternall Kingdome wherein shall be Protection and Life everlasting Seeing then our Saviour and his Apostles left not new Laws to oblige us in this world but new Doctrine to prepare us for the next the Books of the New Testament which containe that Doctrine untill obedience to them was commanded by them that God had given power to on earth to be Legislators were not obligatory Canons that is Laws but onely good and safe advice for the direction of sinners in the way to salvation which every man might take and refuse at his owne perill without injustice Again our Saviour Christs Commission to his Apostles and Disciples was to Proclaim his Kingdome not present but to come and to Teach all Nations and to Baptize them that should beleeve and to enter into the houses of them that should receive them and where they were not received to shake off the dust of their feet against them but not to call for fire from heaven to destroy them nor to compell them to obedience by the Sword In all which there is nothing of Power but of Perswasion He sent them out as Sheep unto Wolves not as Kings to their Subjects They had not in Commission to make Laws but to obey and teach obedience to Laws made and consequently they could not make their Writings obligatory Canons without the help of the Soveraign Civill Power And therefore the Scripture of the New Testament is there only Law where the lawfull Civill Power hath made it so And there also the King or Soveraign maketh it a Law to himself by which he subjecteth himselfe not to the Doctor or Apostle that converted him but to God himself and his Son Jesus Christ as immediately as did the Apostles themselves That which may seem to give the New Testament in respect of those that have embraced Christian Doctrine the force of Laws in the times and places of persecution is the decrees they made amongst themselves in their Synods For we read Acts 15. 28. the stile of the Councell of the Apostles the Elders and the whole Church in this manner It seemed good to the Holy Ghost and to us to lay upon you no greater burthen than these necessary things c. which is a stile that signifieth a Power to lay a burthen on them that had received their Doctrine Now to lay a burden on another seemeth the same that to oblige and therefore the Acts of that Councell were Laws to the then Christians Neverthelesse they were no more Laws than are these other Precepts Repent Be Baptized Keep the Commandements Beleeve the Gospel Come unto me Sell all that thou hast Give it to the poor and Follow me which are not Commands but Invitations and Callings of men to Christianity like that of Esay 55. 1. Ho every man that thirâ—…teth come yee to the waters come and buy wine and milke without money For first the Apostles power was no other than that of our Saviour to invite men to embrace the Kingdome of God which they themselves acknowledged for a Kingdome not present but to come and they that have no Kingdome can make no Laws And secondly if their Acts of Councell were Laws they could not without sin be disobeyed But we read
Examples of Impunity Extenuate Praemeditation Aggravateth Tacite approbation of the Soveraign Extenuates Comparison of Crimes from their Effects Laesa Majestas Bribery and False testimony Depeculation Counterfeiting Authority Crimes against private men compared Publique Crimes what The definition of Punishment Right to Punish whence derived Private injuries and revenges no Punishments Nor denyall of preferment Nor pain inflicted without publique hearing Nor pain inflicted by Usurped power Nor pain inflicted without respect to to the future good Naturall evill consequences no Punishments Hurt inflicted if lesse than the benefit of transgressing is not Punishment Where the Punishment is annexed to the Law a greater hurt is not Punishment but 〈◊〉 Hurt inflicted for a fact done before the Law no Punishment The Representative of the Common-wealth Unpunishable Hurt to Revolted Subjects is done by right of War not by way of Punishment Punishments Corporall Capitall Ignominy Imprisonment Exile The Punishment of Innocent Subjects is contrary to the Law of Nature But the Harme done to Innocents in War not so Nor that which is done to declared Rebels Reward is either Salary or Grace Benefits bestowed for fear are not Rewards Salaries Certain and Casuall Dissolution of Common-wealths proceedeth from their Imperfect Institution Want of Absolute power Private Judgement of Good and Evill Erroneous conscience Pretence of Inspiration Subjecting the Soveraign Power to Civill Lawes Attributing of absolute Propriâ—…ty to 〈◊〉 Dividing of the Soveraign Power Imitatioâ—… of Neighbour Natiouâ—… Imitation of the Greâ—…ks and Romans Mixt Government Want of Mony Monopolies and abuses of Publicans Popular men Excessive greatnesse of a â—…own multitude of Corporations Liberty of disputing against Soveraign Power Dissolution of the Common-wealth The Procuration of the Good of the People By Instrâ—…ction Lawes Against the duty of a Soveraign to relinquish any Essentiall Right of Soveraignty Or not to seâ—… the people taught the grounds of them Objection of those that say there are no Principles of Reason for absolute Soveraigâ—…ty Objection from the Incapacity of the vulgar Subjects are to be taught not to affect change of Government Nor adhere against the Soveraign to Popular men Nor to Dispute the Soveraign Power And to have dayes set apart to learn their Duty And to Honour their Parents And to avoyd doing of Injury And to do all this sincerely from the heart The use of Uâ—…iversities Equall â—…xes Publique Charity 〈◊〉 of Idlenesse Goâ—… Laweâ—… whâ—…t Such as are Necessary Such as are Perspicuous Punishments Rewards Counsellours Commanders The scope of the following Chapters Psal. 96 1. Psal. 98. 1. Who are subjects in the kingdome of God A Threefold Word of God Reason Revelation Prophâ—…y A twofold Kingdome of God Naturall and Prophetique The Right of Gods Soveraignty is derived from his Omnipotence Sinne not the cause of all Affliction Psal. 72. ver 1 2 3. Job 38. v. 4. Divine Lawes Honour and Worship what Severall signes of Honour Worship Naturall and Arbitrary Worship Commanded and Free Worship Publique and Private The End of Worship Attributes of Divine Honour Actions that are signes of Divine Honour Publique Worship consisteth in Uniformity All Attributes depend on the Lawes Civill Not all Actions Naturall Punishments The Conclusion of the Second Part. The Word of God delivered by Prophets is the mainprinciple of Christian Politiques Yet is not naturall Reason to be renounced What it is to captivate the Understanding How God speaketh to men By what marks Prophets are known 1 Kings 22. 1 Kings 13. Deut. 13. v. 1 2 3 4 5. Mat. 24. 24. Gal. 1. 8. The marks of a Prophet in the old law Miracles and Doctrin conformable to the law Miracles ceasing Prophets cease and the Scripture supplies their place Of the Books of Holy Scripture Their Antiquity The Pentaâ—… not written by Moses Deut. 31. 9. Deut. 31. 26. 2 King 22. 8. 23. 1 2 3. The Book of Joshua written after his time Josh. 4. 9. Josh. 5. 9. Josh. 7. 26. The Booke of Judges and Ruth written long after the Captivity The like of the Bookes of Samuel 2 Sam. 6. 4. The Books of the Kings and the Chronicles Ezra and Nehemiah Esther Job The Psalter The Proverbs Ecclesiastes and the Canticles The Prophets The New Testament Their Scope The question of the Authority of the Scriptures stated Their Authority and Interpretation Body and Spirit how taken in the Scripture The Spirit of God taken in the Scripture sometimes for a Wind or Breath Secondly for extraordinary gifts of the Vnderstanding Thirdly for extraordinary Affections Fourthly for the gift of Prediction by Dreams and Visions Fifâ—…ly for Life Sixtly for a subordination to authority Seventhly for Aeriall Bodies Angel what Inspiration what The Kingdom of God taken by Divines Metaphorically but in the Scriptures properly The originall of the Kingdome of God That the Kingdome of God is properly his Civill Soveraignty over a peculiar people by pact Holy what Sacred what Degrees of Sanctity Sacrament Word what The words spoken by God and concerning God both are called God 's Word in Scripture 1 Tim. 4. 1. The Word of God metaphorically used first for the Decrees and Power of God Secondly for the effect of his Word Acts 1. 4. Luke 24. 49. Thirdly for the words of reason and equity Divers acceptions of the word Prophet Praediction of future contingents not alwaies Prophecy The manner how God hath spoken to the Prophets To the Extraordinary Prophets of the Old Testament he spake by Dreams or Visions To Prophets of perpetuall Calling and Supreme God spake in the Old Testament from the Mercy Seat in a manner not expressed in the Scripture To Prophets of perpetuall Calling but subordinate God spake by the Spirit â—…od sometimes also spake by Lots Every man ought to examine the probability of a pretended Prophets Calling All prophecy but of the Soveraign Prophet is to be examined by every Subject A Miracle is a work that causeth Admiration And must therefore be rare and whereof there is no naturall cause known That which seemeth a Miracle to one man may seem otherwise to another The End of Miracles Exo. 4. 1 c. The definition of a Miracle Exod. 7. 11. Exod. 7. 22. Exod. 8. 7. That men are apt to be deceived by false Miracles Cautions against the Imposture of Miracles The place of Adams Eternity if he had not sinned had been the terrestiall Paradise Gen. 3. 22. Texts concerning the place of Life Eternall for Beleevers Ascension into heaven The place after Judgment of those who were never in the Kingdome of God 〈◊〉 having been in are cast out Tartarus The congregation of Giants Lake of Fire Vtter Darknesse Gehenna and Tophet Of the literall sense of the Scripture concerning Hell Satan Devill not Proper names but Appellatives Torments of Hell Apoc. 20. 13 14. The Joyes of Life Eternall and Salvation the same thing Salvation from Sin and from Misery all one The Place of Eternall Salvation 2 Pet. 2. 5. 2 Pet. 3. 13.
all written Lawes that may concerne his own future actions The Legislator known and the Lawes either by writing or by the light of Nature sufficiently published there wanteth yet another very materiall circumstance to make them obligatory For it is not the Letter but the Intendment or Meaning that is to say the authentique Interpretation of the Law which is the sense of the Legislator in which the nature of the Law consisteth And therefore the Interpretation of all Lawes dependeth on the Authority Soveraign and the Interpreters can be none but those which the Soveraign to whom only the Subject oweth obedience shall appoint For else by the craft of an Interpreter the Law may be made to beare a sense contrary to that of the Soveraign by which means the Interpreter becomes the Legislator All Laws written and unwritten have need of Interpretation The unwritten Law of Nature though it be easy to such as without partiality and passion make use of their naturall reason and therefore leaves the violaters thereof without excuse yet considering there be very few perhaps none that in some cases are not blinded by self love or some other passion it is now become of all Laws the most obscure and has consequently the greatest need of able Interpreters The written Laws if they be short are easily mis-interpreted from the divers significations of a word or two if long they be more obscure by the diverse significations of many words in so much as no written Law delivered in few or many words can be well understood without a perfect understanding of the finall causes for which the Law was made the knowledge of which finall causes is in the Legislator To him therefore there can not be any knot in the Law insoluble either by finding out the ends to undoe it by or else by making 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 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 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 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 cases in which every little circumstance is the same yet in Lawes immutable such as are the Lawes of Nature they are no Lawes to the same or other Judges in the like cases for ever after Princes succeed one another and one Iudge 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 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 For example sake 'T is 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 Put the case now that a man is accused of a capitall crime and seeing the power and malice of some enemy and the frequent corruption and parâ—…iality of Judges runneth away for feare of the event and afterwards is taken and brought to a legall triall and maketh it sufficiently appear he was not guilty of the crime and being thereof acquitted is neverthelesse condemned to lose his goods this is a manifest condemnation of the Innocent I say therefore 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 Judges that had done the same For he that judged it first judged unjustly and no Injustice can be a pattern of Judgement to succeeding Judges A written Law may forbid innocent men to fly and they may be punished for flying But that flying for feare of injury should be taken for presumption of guilt after a man is already absolved of the crime Judicially is contrary to the nature of a Presumption which hath no place after Judgement given Yet this is set down by a great Lawyer for the common Law of England If a man saith he that is Innocent be accused of Felony and for feare flyeth for the same albeit he judicially acquitteth himselfe of the Felony yet if it be found that he fled for the Felony he shall notwithstanding his Innocency Forfeit all his goods chattells debts and duties For as to the Forfeiture of them the Law will admit no proofe against the Presumption in Law grounded upon his flight Here you see An Innocent man Judicially acquitted notwithstanding his Innocency when no written Law forbad him to fly after his acquitall upon a Presumption in Law condemned to lose all the goods he hath If the Law ground upon his flight a Presumption of the fact which was Capitall the Sentence ought to have been Capitall if the Presumption were not of â—…he Fact for what then ought he to lose his goods This therefore is