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 violators 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 Authenticall Interpretation Of Law Is Not That Of Writers
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 Interpreter Of The Law Is The Judge Giving Sentence Vivâ Voce In
Every Particular Case
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.
The Sentence Of A Judge, Does Not Bind Him, Or Another Judge To Give
Like Sentence In Like Cases Ever After