ause he is the
mouth of the Law: for no single man ought to judge or to interpret
the Law. Because the Law itself, as it is left us in the letter, is
the mind and determination of the Parliament and of the people of
the Land, to be their Rule to walk by and to be the touch-stone of
all actions. And the man who takes upon him to interpret the Law,
doth either darken the sense of the Law, and so make it confused
and hard to be understood, or else puts another meaning upon it,
and so lifts up himself above the Parliament, above the Law, and
above all people in the Land.
"Therefore the work of that man who is called Judge is to hear any
matter that is brought before him; and in all cases of difference
between man and man, he shall see the parties on both sides before
him, and shall hear each man speak for himself, without a fee'd
Lawyer; likewise he is to examine any witness who is to prove a
matter on trial before him. 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 lie
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