Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author

CHAP. VI. Of Laws positive.

AND so much of Laws Native.

The Law of nature and of reason, or the Law of reason primary and secundary, with the rules framed and collected there∣upon. Which three are as the Sun and the Moon, and the seven Stars, to give light to all the positive laws of the world.

Positive are laws framed by their light, and from thence come the grounds and maxims of all Common Law: for that which we call Common Law, is not a word new and strange, or barbarous, and proper to our selves, and the law that we profess, as some unlearnedly would have it, but the right term for all other Laws. So Euripides mentioneth the Common Laws of Greece: and Plato doth define it, speaking of the reasoning faculty, saith he, which being taken up by the common consent of a Coun∣trey, is called Law; and a non he nameth it the golden & sacred rule of reason, which

we call Common Law. The place is very notable, it openeth the original and first beginning of the Common Law, it shew∣eth the antiquity of the name, in effect all one with that which since and by a later name is called Jus civile (quod quisque po∣pul'ipse sibi jus constituit, as Justinian speak∣eth) it teacheth Common Law to be no∣thing else but common reason: but what reason? not that which every one doth frame unto himself; but refined reason, Quae cum adolevit atque perfecta est nomina∣tur rite sapientia, as Tully saith, and as Plato there hath it, when it cometh to be opinionor decretum. How: generally re∣ceived by the consent of all.

Therefore Laws positive, which are directly contrary to the former, lose their force, and are no Laws at all.

As those which are contrary to the Law of nature. Such was that of the Egyptians, to turn women to merchandize, and com∣monwealth affairs, and men to keep with∣in doors. And of the Thracians, which ac∣counted idleness an honest thing, and stea∣ling very comme••dable. So if it were made a law, that men might commit adultery, forge false deeds, &c. And this is manifest unto all men. But because the Law of rea∣son is known only to such as are able to judge aright, and that but imperfectly (as

before was shewed) therefore here the case is harder, what laws may be said agreea∣ble, and what repugnant thereunto. Only in general (which is sufficient for this place and purpose) it is truly said, and all men must agree, that law in deed repugnant to the law of reason, are aswell void, as those that cross the law of nature.

Positive Laws are sundry and divers, ac∣cording to the several and divers con∣stitutions of particular places and coun∣tries.

Such among the Jews were their Politi∣cals, delivered by Moses, which so far as they be positive, bind us not unto them. Such were the antient law of the Grecians, the xii. tables, and civil laws of the Ro∣mans, and Such are the common Laws of England. And almost so many people so many Laws. And as those Laws are divers one from another, so one and the self same Laws may be altered and chang∣ed in themselves, so long as no alteration is permitted against the two main Laws of Nature and Reason.