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 (Sir Edward Coke, upon Littleton Lib.2. Ch.6
fol 97.b),) 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.
Law Made, If Not Also Made Known, Is No Law