XI

right descending from him, the patriarchs did enjoy, was a large,” etc. How does he prove that the patriarchs by descent did enjoy it? for “dominion of life and death,” says he, “we find, Judah the father pronounced sentence of death against Thamar his daughter-in-law for playing the harlot,” p. 13. How does this prove that Judah had absolute and sovereign authority? “he pronounced sentence of death.” The pronouncing of sentence of death is not a certain mark of sovereignty, but usually the office of inferior magistrates. The power of making laws of life and death is indeed a mark of sovereignty, but pronouncing the sentence according to those laws, may be done by others, and therefore this will but ill prove that he had sovereign authority: as if one should say, Judge Jefferies pronounced sentence of death in the late times, therefore Judge Jefferies had sovereign authority. But it will be said, Judah did it not by commission from another, and therefore did it in his own right. Who knows whether he had any right at all? heat of passion might carry him to do that which he had no authority to do. “Judah had dominion of life and death”: how does that appear? He exercised it, he “pronounced sentence of death against Thamar”: our author thinks it is very good proof,