Baxter - BX1765 B39 1691

[ 219 ] difiinguifh the Authority of a Teacher or Embaf– fador, from the Authority of a Judge~ and th'e Authority of an Official limited Judge, in proprio foro, from 'that of an Univerfal Judge to all the World. Indeed it is commonly granted, that it is proper to the Law·makers to judge of the fenf~ of their own Law, fo as Univerfally to oblige the SubjeCts : For it is part of Legiflation it felf, the fenfe ofthe Law being the very Law: Elfe Judges might make us what Law they pleafe, by ex– poundimg the Words as they pleafe. But the Power of Judicatures is limitedly to expound and apply the Law only to the deci~on of particular Cafes that come before them. , If the Quefiion be, Whether our Statuteswere · really made by thofe Kings and Parliaments whofe Names they bear? And are not altered or cor– rupted fince ? How ihall we be fure ? By a Natu– ral Certainty from fuch Concurrent Tefiimonies as cannot be falfe; viz... I. The Judges have fiill judged by them; and, 2. The Councellors plead them ; 3. Jufiices and all Officers execute them; 4· All the People hold their Efiates and Lives .by · them, and ftand 1 to the Determination made ac~ cording to them ; 5. The Recorcs attefi them. And it is not 'poffible were they forged or cor– rupt, but that the Interefis of Multitudes would have led them to plead that, and appeal from the Corruption : And yet none of thefe named are Su~ preme Governours of all the Kingdom, who thus Hiilorically alfure us. 4· It may be quefiioned, What is the Law of Nature? And it is known much by the Agree– .ment of all Mankind, and that is known Hifiori– cally : But neither of them is known by. any Hu-· 1 mane·

RkJQdWJsaXNoZXIy OTcyMjk=