And then he is to pronounce the bare
letter of the Law concerning such a thing: for he hath his name
Judge, not because his will or mind is to judge the actions of
offenders before him, but because he is the mouth to pronounce the
Law, who, indeed, is the true Judge: Therefore to this Law and to
this Testimony let everyone have regard who intends to live in
Peace in the Commonwealth."
Then occurs a passage that shows how carefully Winstanley had watched
the public affairs of his own times, more especially the prolonged
attempt of the late King to govern England under cover of ancient
obsolete Laws interpreted by Judges removable at his will. He continues:
"For hence hath arisen much misery in the Nations under Kingly
Government, in that the man called the Judge hath been suffered to
interpret the Law. And when the mind of the Law, the Judgement of
the Parliament and the Government of the Land, is resolved into the
breasts of the Judges, this hath occasioned much complaining of
Injustice in Judges, in Courts of Justice, in Lawyers, and in the
course of the Law itself, as if it were an evil Rule. Because the
Law which was a certain Rule was varied, according to the will of a
covetous, envious or proud Judge. Therefore no marvel though the
Kingly Laws be so intricate, and though few know which way the
course of the Law goes, because the sentence lies many times in the
breast of a Judge, and not in the letter of the Law.
Pages:
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286