The Difference Between The Letter And Sentence Of The Law In written Lawes, men use to make a difference between the Letter, and the Sentence of the Law:  And when by the Letter, is meant whatsoever can be gathered from the bare words, ’tis well distinguished.  For the significations of almost all words, are either in themselves, or in the metaphoricall use of them, ambiguous; and may be drawn in argument, to make many senses; but there is onely one sense of the Law.  But if by the Letter, be meant the Literall sense, then the Letter, and the Sentence or intention of the Law, is all one.  For the literall sense is that, which the Legislator is alwayes supposed to be Equity:  For it were a great contumely for a Judge to think otherwise of the Soveraigne.  He ought therefore, if the Word of the Law doe not fully authorise a reasonable Sentence, to supply it with the Law of Nature; or if the case be difficult, to respit Judgement till he have received more ample authority.  For Example, a written Law ordaineth, that he which is thrust out of his house by force, shall be restored by force:  It happens that a man by negligence leaves his house empty, and returning is kept out by force, in which case there is no speciall Law ordained.  It is evident, that this case is contained in the same Law:  for else there is no remedy for him at all; which is to be supposed against the Intention of the Legislator.  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.  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.  So that the incommodity that follows the bare words of a written Law, may lead him to the Intention of the Law, whereby to interpret the same the better; though no Incommodity can warrant a Sentence against the Law.  For every Judge of Right, and Wrong, is not Judge of what is Commodious, or Incommodious to the Common-wealth.

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.  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