interpret it upon the place. The Lords of Parlament
in England were Judges, and most difficult causes have
been heard and determined by them; yet few of them
were much versed in the study of the Lawes, and fewer
had made profession of them: and though they
consulted with Lawyers, that were appointed to be
present there for that purpose; yet they alone had
the authority of giving Sentence. 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. But yet if they judge not according
to that he tells them, they are not subject thereby
to any penalty; unlesse it be made appear, they did
it against their consciences, or had been corrupted
by reward. 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. Secondly,
Contempt Of Unnecessary Riches, and Preferments.
Thirdly, To Be Able In Judgement To Devest Himselfe
Of All Feare, Anger, Hatred, Love, And Compassion.
Fourthly, and lastly, Patience To Heare; Diligent
Attention In Hearing; And Memory To Retain, Digest
And Apply What He Hath Heard.
Divisions Of Law The difference and division of the
Lawes, has been made in divers manners, according
to the different methods, of those men that have written
of them. For it is a thing that dependeth not
on Nature, but on the scope of the Writer; and is
subservient to every mans proper method. In
the Institutions of Justinian, we find seven sorts
of Civill Lawes.
1. The Edicts, Constitutions, and Epistles Of
The Prince, that is, of the Emperour; because the
whole power of the people was in him. Like these,
are the Proclamations of the Kings of England.
2. The Decrees Of The Whole People Of Rome (comprehending
the Senate,) when they were put to the Question by
the Senate. These were Lawes, at first, by the
vertue of the Soveraign Power residing in the people;
and such of them as by the Emperours were not abrogated,
remained Lawes by the Authority Imperiall. For
all Lawes that bind, are understood to be Lawes by
his authority that has power to repeale them.
Somewhat like to these Lawes, are the Acts of Parliament
in England.