The charge of God and the King to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, Lord Chiefe Iustice of the Common Pleas: and Sr Robert Haughton Knight, one of the iudges of the Kings Bench, at the Assises at Hartford. By William Pemberton B.D. and minister at high-Ongar in Essex.
AL the counsels and works of God (the most mighty Creator, & most wise disposer of all things) doe proceede from the good pleasure of Gods will, which is the cause of all causes;
ALL the Counsels and works of God (the most mighty Creator, & most wise disposer of all things) do proceed from the good pleasure of God's will, which is the cause of all Causes;
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For what was that Image of God in man consisting of righteousnesse, holinesse, and trueth, but Lex primordialis, a primordiall Law, (as Tertullian speakes) exactly requiring and absolutely inabling the performance of duties of piety to God,
For what was that Image of God in man consisting of righteousness, holiness, and truth, but Lex primordialis, a primordial Law, (as Tertullian speaks) exactly requiring and absolutely enabling the performance of duties of piety to God,
and that in sinceritie and perfection of them both? And what was the Morall Law proclaimed on Mount Sinah, after that man had defaced Gods image, by transgressing his command,
and that in sincerity and perfection of them both? And what was the Moral Law proclaimed on Mount Sina, After that man had defaced God's image, by transgressing his command,
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but this primordiall Law renewed and repeated, as an absolute and eternall rule and square, of piety to God, and equitie to man, which God with his owne finger did ingraue in two Tables of stone, and gaue vnto Moses for the vse of his Church?
but this primordial Law renewed and repeated, as an absolute and Eternal Rule and square, of piety to God, and equity to man, which God with his own finger did engrave in two Tables of stone, and gave unto Moses for the use of his Church?
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Whereupon God in mercy, to releeue mans misery, to this law of works giuen in Sinah, did adde another Law, (as the Apostle stiles it) the Law of Faith, giuen in Sion, which promiseth life and blessednesse to all that beleeue in Christ.
Whereupon God in mercy, to relieve men misery, to this law of works given in Sina, did add Another Law, (as the Apostle stile it) the Law of Faith, given in Sion, which promises life and blessedness to all that believe in christ.
because, through our impotencie, it doth terrifie and affright vs. The law of Faith (which is the Gospell ) is grounded on Gods grace, and may be called Lex amoris, the law of Loue; for God so loued vs, that he gaue his Sonne for vs;
Because, through our impotency, it does terrify and affright us The law of Faith (which is the Gospel) is grounded on God's grace, and may be called Lex amoris, the law of Love; for God so loved us, that he gave his Son for us;
Man doth againe recouer this blessednes with God, while he is driuen from himselfe and his sinnes, by the fearefull threats of the law morall, and is allured vnto Christ by the sweet promises of the Gospell, this law of Faith;
Man does again recover this blessedness with God, while he is driven from himself and his Sins, by the fearful Treats of the law moral, and is allured unto christ by the sweet promises of the Gospel, this law of Faith;
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and that eternitie of glory ▪ be conferred vpon vs. In the meane time, for the space of this life, many disorders and misdemeanors remaine still in the world.
and that eternity of glory ▪ be conferred upon us In the mean time, for the Molle of this life, many disorders and misdemeanors remain still in the world.
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Wherevpon God hath in wisdom ordeined Humane Lawes, and hath appointed Kings, Princes, and Magistrates to be keepers of both the Tables of the Morall Law:
Whereupon God hath in Wisdom ordained Humane Laws, and hath appointed Kings, Princes, and Magistrates to be keepers of both the Tables of the Moral Law:
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these words, of this Scripture, doe commend to our view, a speciall Charge giuen by GOD and the KING to Iudges and Magistrates for execution of iustice.
these words, of this Scripture, do commend to our view, a special Charge given by GOD and the KING to Judges and Magistrates for execution of Justice.
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In the giuing of the Charge, we may obserue, 1. The person that gaue it, Moses, I charged. 2. The persons to whom it was giuen, the Iudges, your Iudges.
In the giving of the Charge, we may observe, 1. The person that gave it, Moses, I charged. 2. The Persons to whom it was given, the Judges, your Judges.
2. The parties betweene whom they must heare and iudge, propounded, first, in relation to the Iudges, your brethren: secondly, in relation among themselues, betweene euery man and his brother, that is, of the same Nation, of the same Religion: neither only so,
2. The parties between whom they must hear and judge, propounded, First, in Relation to the Judges, your brothers: secondly, in Relation among themselves, between every man and his brother, that is, of the same nation, of the same Religion: neither only so,
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and therfore must haue right done to him as being a brother. 3. Admonitions or cautions against pestilent impediments, which are frequent enemies to equitie and iustice; and they are two.
and Therefore must have right done to him as being a brother. 3. Admonitions or cautions against pestilent impediments, which Are frequent enemies to equity and Justice; and they Are two.
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4. Reasons to inforce the performance of the iniunctions, and obseruation of the cautions: 1. for the iudgement is Gods. 2. The charge is from God, as in the first words, I charged. As if he should haue said;
4. Reasons to enforce the performance of the injunctions, and observation of the cautions: 1. for the judgement is God's 2. The charge is from God, as in the First words, I charged. As if he should have said;
yea all other officers, all ministers and instruments of iustice (for the hand of Iustice hath many fingers) as Counsellors, Pleaders, Aduocates, Sollicitors, Shiriffes, Iurors, witnesses, and the rest.
yea all other Officers, all Ministers and Instruments of Justice (for the hand of justice hath many fingers) as Counsellors, Pleaders, Advocates, Solicitors, Sheriffs, Jurors, Witnesses, and the rest.
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First this was the Charge of God; for Moses the man of God, was (as was said) an holy Prophet of God, immediatly called of God, to this holy function;
First this was the Charge of God; for Moses the man of God, was (as was said) an holy Prophet of God, immediately called of God, to this holy function;
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Moses elected Iudges to helpe and assist him in iudging of causes (with varietie and multitude whereof hee was ouer-charged) and this he did by the wise and godly counsell of his father in law Iethro, yet vpon consultation also first had with God,
Moses elected Judges to help and assist him in judging of Causes (with variety and multitude whereof he was overcharged) and this he did by the wise and godly counsel of his father in law Jethro, yet upon consultation also First had with God,
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and deliuered to Moses not onely the Ceremonials, but also Iudicials by his immediate direction: and by Moses vnto the Church, as Leuit. 19.35. Yee shall not doe vnrighteousnesse in iudgement, in line, in weight, or in measure.
and Delivered to Moses not only the Ceremonials, but also Judicials by his immediate direction: and by Moses unto the Church, as Levites 19.35. Ye shall not do unrighteousness in judgement, in line, in weight, or in measure.
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God giues this Charge sometimes by his instruments, as Prophets, Apostles, and Ministers of the Gospell: By Prophets, as by Moses to these Iudges in this place;
God gives this Charge sometime by his Instruments, as prophets, Apostles, and Ministers of the Gospel: By prophets, as by Moses to these Judges in this place;
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By his holy Apostles vnto Christian Magistrates, as the Apostle S. Paul (one for all the rest) sets downe the office and charge of a Iudge or Ruler, Rom. 13.3, 4. saying, Rulers are not a terrour to good workes but to the euill:
By his holy Apostles unto Christian Magistrates, as the Apostle S. Paul (one for all the rest) sets down the office and charge of a Judge or Ruler, Rom. 13.3, 4. saying, Rulers Are not a terror to good works but to the evil:
and the elect Angels, that we obserue all that God injoynes vs without preiudice, and we must do nothing of partialitie, but must diuide the word of God aright, dispensing Gods mysteries as his faithfull stewards, and giuing to our Lords familie, to each one his due portion, in due season: and so prescribing to Iudges and Rulers their duties from God,
and the elect Angels, that we observe all that God enjoins us without prejudice, and we must do nothing of partiality, but must divide the word of God aright, dispensing God's Mysteres as his faithful Stewards, and giving to our lords family, to each one his due portion, in due season: and so prescribing to Judges and Rulers their duties from God,
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Wherefore, right Honorable and beloued in the Lord, let mee intreat you from the Lord, that you receiue from vs, who serue God in this function, our charge for iustice as the charge of God;
Wherefore, right Honourable and Beloved in the Lord, let me entreat you from the Lord, that you receive from us, who serve God in this function, our charge for Justice as the charge of God;
And that worthy saying of our most learned & religious King in a solemne disputation in the Vniuersitie. The King himselfe ought to obey the Minister, tanquam spirituali medico ex verbo Dei praescribenti,
And that worthy saying of our most learned & religious King in a solemn disputation in the university. The King himself ought to obey the Minister, tanquam Spiritual medico ex verbo Dei praescribenti,
as to a spirituall Physician prescribing to him out of the word of God. And this accords with his Maiesties instructions to the Prince his eldest sonne;
as to a spiritual physician prescribing to him out of the word of God. And this accords with his Majesties instructions to the Prince his eldest son;
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When any of the spirituall office-bearers in the Church speaketh vnto you any thing that is well warranted by the word, reuerence and obey them as the Heraulds of the most high God.
When any of the spiritual office-bearers in the Church speaks unto you any thing that is well warranted by the word, Reverence and obey them as the Heralds of the most high God.
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The second person whom Moses susteineth in giuing of this Charge is the person of the King; for hee was designed chiefe Ruler and Iudge of Gods people:
The second person whom Moses sustaineth in giving of this Charge is the person of the King; for he was designed chief Ruler and Judge of God's people:
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Whence Kings and chiefe Rulers may take patterne for their practise, to giue speciall Charge to their Delegates and Deputies, to execute iust iudgement vnto the people.
Whence Kings and chief Rulers may take pattern for their practice, to give special Charge to their Delegates and Deputies, to execute just judgement unto the people.
and to keepe his statutes &c. When he further injoynes him, according to his wisdom to execute iustice on Ioab and Shimei, and to shew mercy and kindnes to the sons of Barzillai. The Aegyptian Kings were wont (as Plutarch reporteth) by the custome of their country, to giue an oath to such as were appointed their Iudges, that they should not speake or doe vnrighteously in iudgment,
and to keep his statutes etc. When he further enjoins him, according to his Wisdom to execute Justice on Ioab and Shimei, and to show mercy and kindness to the Sons of Barzillai. The Egyptian Kings were wont (as Plutarch Reporteth) by the custom of their country, to give an oath to such as were appointed their Judges, that they should not speak or do unrighteously in judgement,
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Which commendable practise Traiane the Emperor did worthily imitate, and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles, saying vnto him:
Which commendable practice Trajan the Emperor did worthily imitate, and gave a drawn sword to the Praetorian Lieutenant before all his Nobles, saying unto him:
as it is recorded in the stature of the 18. of Edward the III. Ye shall do euen law & execution of right to all his subiects rich and poore, without hauing regard of any person.
as it is recorded in the stature of the 18. of Edward the III. You shall do even law & execution of right to all his Subjects rich and poor, without having regard of any person.
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A good King giues streit charge for execution of iustice, because he knowes that the power of gouernment is as well onus as honos, a burden, as an honour, ordeined for the common and vninersall welfare of all his subiects, whereof account must be giuen to God.
A good King gives strait charge for execution of Justice, Because he knows that the power of government is as well onus as honos, a burden, as an honour, ordained for the Common and vninersall welfare of all his Subjects, whereof account must be given to God.
for place and authoritie aduanced, and that most worthily, aboue all both persons and states; and yet in princely clemency respectiue of the meanest, like a kind Master, or NONLATINALPHABET Gueua•a.
for place and Authority advanced, and that most worthily, above all both Persons and states; and yet in princely clemency respective of the Meanest, like a kind Master, or Gueua•a.
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who, as he is maximus, the greatest, so is he optimus, the best; a common, yea an vniuersall good, who promoteth peace and publike welfare, accounting all his felicitie, as he is a Prince, to consist in well-gouerning his Common-weale,
who, as he is Maximus, the greatest, so is he optimus, the best; a Common, yea an universal good, who promoteth peace and public welfare, accounting all his felicity, as he is a Prince, to consist in well-governing his Commonweal,
Now then, as it is the highest dignitie, and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue to be Defender of the Christian Faith, and to haue supreme authoritie ouer all causes and persons Ecclesiasticall and Ciuill: so it apperteineth to him by that high authoritie to manifest his care for the common good,
Now then, as it is the highest dignity, and most nearly annexed to the Royal Crown of a Christian Prince to have the title of prerogative to be Defender of the Christian Faith, and to have supreme Authority over all Causes and Persons Ecclesiastical and Civil: so it appertaineth to him by that high Authority to manifest his care for the Common good,
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and in charging and obliging them by all bond of dutie to vse their authoritie to promote the publike good, in examining and deciding all causes and controuersies, with righteous iudgement and due execution of iustice, which is the very life and soule of good and wholsome lawes.
and in charging and obliging them by all bound of duty to use their Authority to promote the public good, in examining and deciding all Causes and controversies, with righteous judgement and due execution of Justice, which is the very life and soul of good and wholesome laws.
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and, for their office, speaking lawes; and, by their power and authoritie vnder God and the King, principall swayers and dispensers of equitie and iustice.
and, for their office, speaking laws; and, by their power and Authority under God and the King, principal swayers and dispensers of equity and Justice.
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And as Masters and Pilots in the ship of the Common-wealth, who sit at the sterne and guide it forward, through their wisdome and fidelitie, in an euen, a prosperous,
And as Masters and Pilots in the ship of the Commonwealth, who fit At the stern and guide it forward, through their Wisdom and Fidis, in an even, a prosperous,
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and succesfull course, vnto the desired hauen of peace and prosperitie: But through their carelesse neglect and heedlesse ouer-sight, they cause fearefull shipwracke and miserable ruine.
and successful course, unto the desired Haven of peace and Prosperity: But through their careless neglect and heedless oversight, they cause fearful shipwreck and miserable ruin.
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And you know right well, that when Iudges and Magistrates become wise and faithfull, in deliberate sanxion and due execution of good and wholsome lawes and statutes, that then, by their good meanes,
And you know right well, that when Judges and Magistrates become wise and faithful, in deliberate sanxion and due execution of good and wholesome laws and statutes, that then, by their good means,
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and Gods good blessing, Gods lawes are backed, his ordinances established, piety is promoted, equitie preserued, the Church is made pious, the Common-wealth prosperous, our communion with God and societie with man becomes most comfortable, happy, and blessed.
and God's good blessing, God's laws Are backed, his ordinances established, piety is promoted, equity preserved, the Church is made pious, the Commonwealth prosperous, our communion with God and society with man becomes most comfortable, happy, and blessed.
But when Rulers and Magistrates doe swerue in gouernment, growing carelesse & negligent, vngodly & vniust, abusing their authoritie or neglecting their dutie;
But when Rulers and Magistrates do swerve in government, growing careless & negligent, ungodly & unjust, abusing their Authority or neglecting their duty;
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yea all ministers of iustice, (Sheriffes, Counsellors, Aduocates, Iurors, witnesses, and the rest) (who are but men, and subiect to sliding, of wilfulnesse or weaknesse) had neede to receiue their charge and direction, from God and the King,
yea all Ministers of Justice, (Sheriffs, Counsellors, Advocates, Jurors, Witnesses, and the rest) (who Are but men, and Subject to sliding, of wilfulness or weakness) had need to receive their charge and direction, from God and the King,
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for quò sublimior gloria est, eo maior & cura est, the higher is their honour, the greater ought to be their care, and inlargeth the summe of their future account:
for quò sublimior gloria est, eo maior & Cure est, the higher is their honour, the greater ought to be their care, and enlargeth the sum of their future account:
and that in such sort, that an approued account may be well and readily made, not only to the King and principall Ruler, but also to God himselfe, the King of Kings, and Iudge of Iudges, euen the Iudge of the whole world.
and that in such sort, that an approved account may be well and readily made, not only to the King and principal Ruler, but also to God himself, the King of Kings, and Judge of Judges, even the Judge of the Whole world.
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And for this cause it is religiously prouided, that an oath of the King, yea of the Lord is administred to inferior Iudges, yea to Iurors and witnesses, the ministers and instruments of iustice,
And for this cause it is religiously provided, that an oath of the King, yea of the Lord is administered to inferior Judges, yea to Jurors and Witnesses, the Ministers and Instruments of Justice,
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for the faithfull discharge of this weighty duty, so heaui-charging, if not ouer-charging, the soules and consciences of all, who beare any part in the matter of iudgment.
for the faithful discharge of this weighty duty, so heaui-charging, if not overcharging, the Souls and Consciences of all, who bear any part in the matter of judgement.
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Wherefore, by vertue of this Charge, let all be admonished who haue the least finger in matters of iustice (for it doth not concerne the Reuerend Iudges alone) let all (I say) be admonished in the name of the Lord to account themselues charged to such performance of dutie,
Wherefore, by virtue of this Charge, let all be admonished who have the least finger in matters of Justice (for it does not concern the Reverend Judges alone) let all (I say) be admonished in the name of the Lord to account themselves charged to such performance of duty,
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as sincere and faithfull seruants of God, and trusly and loyall subiects to the King, that they may receiue for their paines, to their credit and comfort, both humane and diuine applause and commendation.
as sincere and faithful Servants of God, and trusly and loyal Subjects to the King, that they may receive for their pains, to their credit and Comfort, both humane and divine applause and commendation.
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And thus much of the nature of this speach, in that it is a Charge. Now time and desire do hasten mee forward to consider the time when this Charge was giuen.
And thus much of the nature of this speech, in that it is a Charge. Now time and desire do hasten me forward to Consider the time when this Charge was given.
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In the fortieth yeare, the eleuenth moneth, and the first day, after their departure out of Aegypt. Two moneths and a few daies before their entrance into the land of Canaan, where this their authoritie was to be exercised;
In the fortieth year, the Eleventh Monn, and the First day, After their departure out of Egypt. Two months and a few days before their Entrance into the land of Canaan, where this their Authority was to be exercised;
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as may be collected out of Deut. 34. & Iosh. 1. & 4. O consider, I beseech you, this charge of Moses to the Iudges, how fit, how timely, how seasonable it was.
as may be collected out of Deuteronomy 34. & Joshua 1. & 4. Oh Consider, I beseech you, this charge of Moses to the Judges, how fit, how timely, how seasonable it was.
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1 Assoone as they were selected and designed to this office, that they might deliberately meditate and fore-bethinke themselues of their dutie and charge.
1 As soon as they were selected and designed to this office, that they might deliberately meditate and fore-bethinke themselves of their duty and charge.
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2. Before execution of any part of their function, that in the beginning thereof they might lay such a good foundation, that they might the more hopefully expect successefull proceedings.
2. Before execution of any part of their function, that in the beginning thereof they might lay such a good Foundation, that they might the more hopefully expect successful proceedings.
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3 A little before their entrance into the land of Canaan (their promised land) that their inheritāce might not be polluted through violation of iustice, in their first possession thereof, and habitation therein.
3 A little before their Entrance into the land of Canaan (their promised land) that their inheritance might not be polluted through violation of Justice, in their First possession thereof, and habitation therein.
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4 And a little before the death of Moses, their chiefe Prince and Lawgiuer, that they might not be left destitute of direction for matters of iudgement,
4 And a little before the death of Moses, their chief Prince and Lawgiver, that they might not be left destitute of direction for matters of judgement,
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Wherefore timely and seasonable ought to be the charge which Kings and Princes giue to their Delegates, the Iudges and Magistrates: and which Iudges and Magistrates giue to the People their inferiours;
Wherefore timely and seasonable ought to be the charge which Kings and Princes give to their Delegates, the Judges and Magistrates: and which Judges and Magistrates give to the People their inferiors;
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I onely obserue that its prudently prouided (which is constantly practised) that our reuerend Iudges of Assise (hauing receiued first instructions from the King) make way in their entrance vnto iudicial processe, by giuing of their charge:
I only observe that its prudently provided (which is constantly practised) that our reverend Judges of Assize (having received First instructions from the King) make Way in their Entrance unto judicial process, by giving of their charge:
that vnlesse men be simple, they cannot be ignorant, and vnlesse they be wilfull, they shall not make default, in discharge of the duetie and office wherein they are imployed.
that unless men be simple, they cannot be ignorant, and unless they be wilful, they shall not make default, in discharge of the duty and office wherein they Are employed.
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And so much of the first generall part of this text, the giuing of the charge. Now I come to the second, and principally intended, the Charge which was giuen; the tenour whereof is this:
And so much of the First general part of this text, the giving of the charge. Now I come to the second, and principally intended, the Charge which was given; the tenor whereof is this:
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In this charge giuen, there come first to our view, the Instructions and Iniunctions, which are giuen to the Iudges, which are in number two: to heare deliberately. to iudge righteously.
In this charge given, there come First to our view, the Instructions and Injunctions, which Are given to the Judges, which Are in number two: to hear deliberately. to judge righteously.
to doe Iniurie: to doe Euill: and (as Cicero doth accordingly write) All iudgement was deuised eyther first for the deciding of controuersies, or secondly, punishment of malefactors.
to do Injury: to do Evil: and (as Cicero does accordingly write) All judgement was devised either First for the deciding of controversies, or secondly, punishment of malefactors.
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or punishment of crimos. And therefore to giue to euery one his owne, and to redresse iniuries is a principal office of iustice distributiue. And to punish malefactors in causes criminall, is an office of iustice vindicatiue, as necessarie for the good of the common-wealth as the other.
or punishment of crimos. And Therefore to give to every one his own, and to redress injuries is a principal office of Justice distributive. And to Punish malefactors in Causes criminal, is an office of Justice vindicative, as necessary for the good of the commonwealth as the other.
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Now this charge is to be obserued in all kinds of causes, whether trespasses or crimes: 1. heare: 2. iudge righteously. 2. The rule of righteous iudgement is the Law; for the Law is a silent magistrate, & the Magistrate a speaking Law: Now the Law, this rule of iudgement, is Humane, or Diuine; and the order for conformitie of iudgement must bee this.
Now this charge is to be observed in all Kinds of Causes, whither Trespasses or crimes: 1. hear: 2. judge righteously. 2. The Rule of righteous judgement is the Law; for the Law is a silent magistrate, & the Magistrate a speaking Law: Now the Law, this Rule of judgement, is Humane, or Divine; and the order for conformity of judgement must be this.
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thirdly, to execute iudgement according to sentence giuen faithfully and exactly: or more briefely thus; The iudiciall processe hath three degrees; to heare iustice; speake iustice; doe iustice.
Thirdly, to execute judgement according to sentence given faithfully and exactly: or more briefly thus; The judicial process hath three Degrees; to hear Justice; speak Justice; do Justice.
3. Execution must follow vppon sentence giuen, else to what is such processe profitable? But when causes are deliberately and discerningly heard, so as the truth is seene as in the cleare glasse of wisedome:
3. Execution must follow upon sentence given, Else to what is such process profitable? But when Causes Are deliberately and discerningly herd, so as the truth is seen as in the clear glass of Wisdom:
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On which place Chrysostome doth well obserue, that Gods spirit doth declare by an NONLATINALPHABET (or humane kind of speech) that men ought not to condemne their brethren before certain knowledge and notice of their cause.
On which place Chrysostom does well observe, that God's Spirit does declare by an (or humane kind of speech) that men ought not to condemn their brothers before certain knowledge and notice of their cause.
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as in a Table, to commend to our view, as in a liuely picture or perfect patterne, the order to bee obserued in iudiciall proceedings for humane profit and constant imitation.
as in a Table, to commend to our view, as in a lively picture or perfect pattern, the order to be observed in judicial proceedings for humane profit and constant imitation.
much more ought men giue diligence hereunto, who are daily subiect to be mistaken, through ouer-sight, to bee misled by affection, transported through passion, precipitated with preiudice,
much more ought men give diligence hereunto, who Are daily Subject to be mistaken, through oversight, to be misled by affection, transported through passion, precipitated with prejudice,
but onely poynt at such things, as they know, and which, on occasion, I haue sometimes obserued, to be religiously practised, in their iudiciall processe:
but only point At such things, as they know, and which, on occasion, I have sometime observed, to be religiously practised, in their judicial process:
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Doth our Law condemne any man before it heare him, and know what hee doth? But the rest, his vniust and vnequall Brethren, did take him vppe very sharpely for it,
Does our Law condemn any man before it hear him, and know what he does? But the rest, his unjust and unequal Brothers, did take him up very sharply for it,
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whereas the most grosse, and most vile malefactor ought first to be conuicted, by two witnesses at the least ( Deutr. 19.15.) before sentence of iudgement be passed against him.
whereas the most gross, and most vile Malefactor ought First to be convicted, by two Witnesses At the least (Deuteronomy 19.15.) before sentence of judgement be passed against him.
Hee that answereth a matter before it be heard, it is folly and shame vnto him, saith the Wiseman. Prou. 18.13. It was the equitie of the Iudges by the law of the Athenians, to hear both parties alike.
He that Answers a matter before it be herd, it is folly and shame unto him, Says the Wiseman. Prou. 18.13. It was the equity of the Judges by the law of the Athenians, to hear both parties alike.
And an Iniunction set downe in the 12. Tables, at auncient Rome: Before mid-day take notice of the cause when both the persons in presence haue pleaded.
And an Injunction Set down in the 12. Tables, At ancient Room: Before midday take notice of the cause when both the Persons in presence have pleaded.
and that diligently, (great is the emphasis and weight of the words) and if it bee found certainely true, then must hee punish. Deutr. 17.4.5.6. Ioshuah would not condemne Achan vpon Gods Lot, and his owne confession, vntill hee found (by search) his confession to be true:
and that diligently, (great is the emphasis and weight of the words) and if it be found Certainly true, then must he Punish. Deuteronomy 17.4.5.6. Joshua would not condemn achan upon God's Lot, and his own Confessi, until he found (by search) his Confessi to be true:
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and Nicodemus doth take it an expresse poynt in Gods Law, That a man ought not to be cōdemned vpon bare hearing, no not till it bee knowne what hee hath done.
and Nicodemus does take it an express point in God's Law, That a man ought not to be condemned upon bore hearing, no not till it be known what he hath done.
And Festus the President of Caesaria, and Foelix his Predecessor in the case of St. Paul. And Salomons wisedome was experienced and admired in that first case of the two harlots, who contended for the child, when after strict examination, through a wise inuention and semblance of diuiding the quicke childe, he did extort a confession from the true mother, by strange commotion of her naturall affection.
And Festus the President of Caesarea, and Felix his Predecessor in the case of Saint Paul. And Solomon's Wisdom was experienced and admired in that First case of the two harlots, who contended for the child, when After strict examination, through a wise invention and semblance of dividing the quick child, he did extort a Confessi from the true mother, by strange commotion of her natural affection.
and for this cause they had neede both to haue, and vse those excellent parts of wisdome and vnderstanding, which God requireth of them, and bestoweth vpon them. Deutr. 1.13.
and for this cause they had need both to have, and use those excellent parts of Wisdom and understanding, which God requires of them, and bestoweth upon them. Deuteronomy 1.13.
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Wherefore there are required (as you know right well) in a Iudge or Magistrate in hearing of causes, that they may be equally heard and exquisitely discussed, sundry things to be obserued and practised.
Wherefore there Are required (as you know right well) in a Judge or Magistrate in hearing of Causes, that they may be equally herd and exquisitely discussed, sundry things to be observed and practised.
Serious attention to the matter in hand, that no materiall proofe or important reason, tending to euince the equitie of the cause, through heedles neglect be omitted or let passe, without obseruation and notice taken thereof.
Serious attention to the matter in hand, that no material proof or important reason, tending to evince the equity of the cause, through heedless neglect be omitted or let pass, without observation and notice taken thereof.
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that impertinent digressions, odious invectiues, and calumnious imputations among pleaders or witnesses, vsed to prejudice the contrary person or cause, be seasonably interrupted,
that impertinent digressions, odious invectives, and calumnious imputations among pleaders or Witnesses, used to prejudice the contrary person or cause, be seasonably interrupted,
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And here I desire the learned and experienced Moderators of iustice to consider, whether (for the most part) the wrong-doer be not the more peeuish and clamorous,
And Here I desire the learned and experienced Moderators of Justice to Consider, whither (for the most part) the wrongdoer be not the more peevish and clamorous,
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or defences for themselues, in iudiciall processe, are of necessitie required. Such wants and defects must be passed by with charitable forbearance and compassionate respect.
or defences for themselves, in judicial process, Are of necessity required. Such Wants and defects must be passed by with charitable forbearance and compassionate respect.
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and preiudice iudgement, and therefore all dealers in iudgement, especially the chiefe swayers, must speake NONLATINALPHABET, without affections. It was the oath of the Heathen Iudges, as the Orator doth report:
and prejudice judgement, and Therefore all dealers in judgement, especially the chief swayers, must speak, without affections. It was the oath of the Heathen Judges, as the Orator does report:
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Who knowes not that so many things are required in the office of a good Iudge, that they easily escape the most skilfull and diligent? And therefore in a word, to conclude this point, all the will and skill, vse and exercise of heart and eare, body and mind, had neede to be imployed in hearing of causes;
Who knows not that so many things Are required in the office of a good Judge, that they Easily escape the most skilful and diligent? And Therefore in a word, to conclude this point, all the will and skill, use and exercise of heart and ear, body and mind, had need to be employed in hearing of Causes;
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that all the weight, of right or wrong, being put into the ballance of equitie and iustice, it may be discerned, by the vnderstanding Iudge, which of the scales is of greater poise and weight.
that all the weight, of right or wrong, being put into the balance of equity and Justice, it may be discerned, by the understanding Judge, which of the scales is of greater poise and weight.
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But for want of these and such like obseruations in this first degree of iudiciall processe, there was much iniustice and sin committed by Iudges and Magistrates in the case of Ioseph, of Mephibosheth, of Naboth, of Amos, of Christ Iesus, of Stephan, of Athanasius, and very many others,
But for want of these and such like observations in this First degree of judicial process, there was much injustice and since committed by Judges and Magistrates in the case of Ioseph, of Mephibosheth, of Naboth, of Amos, of christ Iesus, of Stephen, of Athanasius, and very many Others,
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according to the prescript of wholsome law, which is the square of equitie; the law (I say) of Man, and the law of God. For as the law of the King, who is the Head of the Common-wealth, is the life of this bodie Politike:
according to the prescript of wholesome law, which is the square of equity; the law (I say) of Man, and the law of God. For as the law of the King, who is the Head of the Commonwealth, is the life of this body Politic:
And a Iudge or Iustice is a speaker of iustice, and iudico is ius dico. And therefore a Iudge or Iustice, in whom iustice is not, is not a Iudge, but by equiuocation.
And a Judge or justice is a speaker of Justice, and Judico is Just dico. And Therefore a Judge or justice, in whom Justice is not, is not a Judge, but by equivocation.
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It is the injunction of the law diuine: Iudges and officers shalt thou make: and they shall iudge the people with iust iudgement. Thou shalt not wrest iudgment.
It is the injunction of the law divine: Judges and Officers shalt thou make: and they shall judge the people with just judgement. Thou shalt not wrest judgement.
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I will fauour neither part beyond law and right, and if I shall not obserue these things, I shall be exposed to all discommodities, both here and in the world to come, in that dreadfull iudgement of our great Lord God,
I will favour neither part beyond law and right, and if I shall not observe these things, I shall be exposed to all Discomforts, both Here and in the world to come, in that dreadful judgement of our great Lord God,
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And thus much of the instructions and injunctions giuen to the Iudges, and of the three degrees of iudiciall processe, which are the three duties of a good and worthy Iudge.
And thus much of the instructions and injunctions given to the Judges, and of the three Degrees of judicial process, which Are the three duties of a good and worthy Judge.
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Now followeth the second particular obserued in this Charge, namely the parties whose causes are to be heard and iudged, which are set out in relation:
Now follows the second particular observed in this Charge, namely the parties whose Causes Are to be herd and judged, which Are Set out in Relation:
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As for Anabaptisticall conceits, which denie lawfull Magistracie, and would bring in vnseemely paritie, and confused anarchie, they are to be vtterly renounced,
As for Anabaptistical conceits, which deny lawful Magistracy, and would bring in unseemly parity, and confused anarchy, they Are to be utterly renounced,
and those who do contemne the Magistrate, doe contemne euen God himselfe (who is the ordeiner and mainteiner of magistracie) as the Lord himselfe saith vnto Samuel.
and those who do contemn the Magistrate, do contemn even God himself (who is the ordeiner and maintainer of magistracy) as the Lord himself Says unto Samuel.
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seeing all their imployments & trauels therein tend to the good and profit of their brethren. Now what studie is too vncessant? what trauaile too toylesom? what labour too great? what time too long? what tolerancie too tedious, in procuring the weale and welfare of their brethren? Especially, seeing they are set apart to this honorable imployment, by ordination and injunction of God and the King, who haue highly aduanced them aboue their brethren, to be Iudges and deciders of their persons and causes.
seeing all their employments & travels therein tend to the good and profit of their brothers. Now what study is too uncessant? what travail too toylesom? what labour too great? what time too long? what tolerancy too tedious, in procuring the weal and welfare of their brothers? Especially, seeing they Are Set apart to this honourable employment, by ordination and injunction of God and the King, who have highly advanced them above their brothers, to be Judges and deciders of their Persons and Causes.
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Wherefore I beseech you from the Lord, most reuerend Iudges, heare the causes, and iudge righteously betweene your brethren, for they are your brethren.
Wherefore I beseech you from the Lord, most reverend Judges, hear the Causes, and judge righteously between your brothers, for they Are your brothers.
And why should men contend, seeing they are brethren? why should men defraud, oppresse, rob, spoyle, maime or murther their brethren? It is a very great both sin and shame, that men of the same Nation and language, who liue vnder the same King and lawes, who enjoy the same liberties and priuiledges, who are linked together in neighbourhood and acquaintance;
And why should men contend, seeing they Are brothers? why should men defraud, oppress, rob, spoil, maim or murder their brothers? It is a very great both since and shame, that men of the same nation and language, who live under the same King and laws, who enjoy the same Liberties and privileges, who Are linked together in neighbourhood and acquaintance;
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then surely such as are designed and appointed by God and the King to performe and execute the most honorable office and function of Iudges and Magistrates, ought to vse their best endeauour, to compound controuersies, to right wrongs, to punish crimes,
then surely such as Are designed and appointed by God and the King to perform and execute the most honourable office and function of Judges and Magistrates, ought to use their best endeavour, to compound controversies, to right wrongs, to Punish crimes,
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and by all good meanes to procure both publike and priuate peace, that all men may liue safely, quietly and louingly together, because they are brethren.
and by all good means to procure both public and private peace, that all men may live safely, quietly and lovingly together, Because they Are brothers.
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Heare and iudge righteously between a man & the stranger that is with him ] All men were created one in nature, reasonable creatures, all were instamped with the image of God, all retaine their simple nature,
Hear and judge righteously between a man & the stranger that is with him ] All men were created one in nature, reasonable creatures, all were instamped with the image of God, all retain their simple nature,
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Yea and for a Christian Iudge not to doe iustice to an Ethnick or pagan contending with a Christian, were to abuse his function, to blemish his religion, to harden the Pagan in his infidelitie and sin:
Yea and for a Christian Judge not to do Justice to an Ethnic or pagan contending with a Christian, were to abuse his function, to blemish his Religion, to harden the Pagan in his infidelity and since:
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namely, The admonitions or cautions giuen to the Iudges, against pestilent impediments which are frequent enemies to equitie and iustice, which are in number two. 1. Acceptation of persons,
namely, The admonitions or cautions given to the Judges, against pestilent impediments which Are frequent enemies to equity and Justice, which Are in number two. 1. Acceptation of Persons,
The former admonition or caution is against that principall impediment of iustice, acceptation of persons; which is set downe 1. Negatiuely, so that the vice is forbidden, Yee shall not respect persons in iudgment.
The former admonition or caution is against that principal impediment of Justice, acceptation of Persons; which is Set down 1. Negatively, so that the vice is forbidden, Ye shall not respect Persons in judgement.
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and yet drawes the Iudge, Iuror or witnesse, or other ministers of iustice, to doe vnequally in case of iudgement, by reason of his vnequall respect to the person: as when mens vnjust and vnequall causes are fauoured and furthered,
and yet draws the Judge, Juror or witness, or other Ministers of Justice, to do unequally in case of judgement, by reason of his unequal respect to the person: as when men's unjust and unequal Causes Are favoured and furthered,
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neither shalt thou countenance a poore man in his (vnrighteous) cause. It is not good (that is, it is very ill) to accept the person of the wicked, to ouerthrow the righteous in iudgemēt.
neither shalt thou countenance a poor man in his (unrighteous) cause. It is not good (that is, it is very ill) to accept the person of the wicked, to overthrow the righteous in judgement.
The like is found Prov. 24.23, 24. Prov. 28.21. The Lord doth detest this abhominable sinne Esa. 61.8. I the Lord loue iudgment, and hate robbery for burnt offering:
The like is found Curae 24.23, 24. Curae 28.21. The Lord does detest this abominable sin Isaiah 61.8. I the Lord love judgement, and hate robbery for burned offering:
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and take away the righteousnesse of the righteous from him. And for such sins God sends most fearefull visitations. Icrem. 5. Amos 6. Whence this abhominable sinne doth spring is better knowne by bad experience, then by tongue or pen can bee expressed.
and take away the righteousness of the righteous from him. And for such Sins God sends most fearful visitations. Ice-cream. 5. Amos 6. Whence this abominable sin does spring is better known by bad experience, then by tongue or pen can be expressed.
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It commonly sprowts out from the poysoned root of bribery; and therefore they both are ordinarily forbidden in one period of speach, by one breath of the Lord:
It commonly sprowts out from the poisoned root of bribery; and Therefore they both Are ordinarily forbidden in one Period of speech, by one breath of the Lord:
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It ariseth also from many other grounds, as from loue, friendship, hatred or enuie, wrath, and rash zeale, impatience, and such like affections and passions;
It arises also from many other grounds, as from love, friendship, hatred or envy, wrath, and rash zeal, impatience, and such like affections and passion;
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we who are Christians haue better grounds of restraint, namely, the feare of God, and the direction of his word, and the examples of godly and conscionable men.
we who Are Christians have better grounds of restraint, namely, the Fear of God, and the direction of his word, and the Examples of godly and conscionable men.
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Consider two, of Moses and Samuel, who could in good conscience appeale to the Lord, for the clearing of their vprightnesse and vncorrupted integritie;
Consider two, of Moses and Samuel, who could in good conscience appeal to the Lord, for the clearing of their uprightness and uncorrupted integrity;
whose Oxe haue I taken? or whose Asse haue I taken? or whom haue I defrauded? or whom haue I oppressed? or of whom haue I receiued any bribe to blind mine eyes therewith,
whose Ox have I taken? or whose Ass have I taken? or whom have I defrauded? or whom have I oppressed? or of whom have I received any bribe to blind mine eyes therewith,
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Be therefore, & continue such as you should be, and such as I doubt not but you are, men fearing God, and hating couetousnesse. O, let the feare of God be in your hearts, and these godly examples before your eyes, and pray with Dauid, for your selues, vnto God.
Be Therefore, & continue such as you should be, and such as I doubt not but you Are, men fearing God, and hating covetousness. Oh, let the Fear of God be in your hearts, and these godly Examples before your eyes, and pray with David, for your selves, unto God.
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The other impediment and enemie of iustice, against which these admonitions and cautions are giuen, is feare of mens greatnesse, who will be offended at iustice;
The other impediment and enemy of Justice, against which these admonitions and cautions Are given, is Fear of men's greatness, who will be offended At Justice;
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Pilate hearing, and fearing, that he should not bee accounted Caesars friend, if hee should let our Sauiour Christ goe, was so quelled with feare, that contrarie to his conscience and his owne mouthes restimonie, he did adiudge our Sauiour Christ (though innocent) vnto a shamefull and opprobrious death.
Pilate hearing, and fearing, that he should not be accounted Caesars friend, if he should let our Saviour christ go, was so quelled with Fear, that contrary to his conscience and his own mouths restimonie, he did adjudge our Saviour christ (though innocent) unto a shameful and opprobrious death.
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And therefore for the preuenting of such feareful corruption, God required these properties in Iudges, that they should be men of courage, fearing God, &c. The feare of God is the beginning of Wisedome, and foundation of other most excellent vertues:
And Therefore for the preventing of such fearful corruption, God required these properties in Judges, that they should be men of courage, fearing God, etc. The Fear of God is the beginning of Wisdom, and Foundation of other most excellent Virtues:
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Wherefore (to conclude this) these pestilent impediments of equitie and iustice, this and the other, being farre remoued, by Christian courage, feare of God,
Wherefore (to conclude this) these pestilent impediments of equity and Justice, this and the other, being Far removed, by Christian courage, Fear of God,
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[ For the iudgement is Gods ] The reason why Iudges and all ministers of iustice ought to performe these iniunctions, and obserue these cautions, in iudiciall processe is this; for the iudgement is Gods:
[ For the judgement is God's ] The reason why Judges and all Ministers of Justice ought to perform these injunctions, and observe these cautions, in judicial process is this; for the judgement is God's:
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God made thee a Iudge, Magistrate, Iuror, or Witnesse, by his gracious ordination, or prouident permission, and thou must deale faithfully as the minister of God.
God made thee a Judge, Magistrate, Juror, or Witness, by his gracious ordination, or provident permission, and thou must deal faithfully as the minister of God.
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and wil one day call to account for what is done, not onely by his Deputie, that little God of thy Conscience, who wil sentence thee secretly, if thou doe amisse.
and will one day call to account for what is done, not only by his Deputy, that little God of thy Conscience, who will sentence thee secretly, if thou do amiss.
But he that is higher than the highest, the great God, and our Sauiour Iesus Christ, the righteous Iudge of quicke and dead, will iudge thee openly before his dreadfull Tribunal.
But he that is higher than the highest, the great God, and our Saviour Iesus christ, the righteous Judge of quick and dead, will judge thee openly before his dreadful Tribunal.
And what will he then doe with vnrighteous iudgements, who will then iudge euen iustice it selfe, who will recite to euery one his owne deserts? The Lord of iudgement will come, will come I say, and there pure hearts shall preuayle more than subtile words, good conscience than full purses:
And what will he then do with unrighteous Judgments, who will then judge even Justice it self, who will recite to every one his own deserts? The Lord of judgement will come, will come I say, and there pure hearts shall prevail more than subtle words, good conscience than full purses:
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and the King, to Iudges and Magistrates, and all ministers of iustice: as namely, first of the instructions and iniunctions for right hearing and iudging:
and the King, to Judges and Magistrates, and all Ministers of Justice: as namely, First of the instructions and injunctions for right hearing and judging:
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thirdly, of the admonitions and cautions against pestilent impediments which are frequent enemies to equitie and iustice, accepting of persons, and feare of mens faces:
Thirdly, of the admonitions and cautions against pestilent impediments which Are frequent enemies to equity and Justice, accepting of Persons, and Fear of men's faces:
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who must wisely consider all reasons and circumstances, for the prudent ordering of such important affaires, both in matters of controuersie, and punishment of crimes.
who must wisely Consider all Reasons and Circumstances, for the prudent ordering of such important affairs, both in matters of controversy, and punishment of crimes.
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In both which I would intreat you from the Lord, that you would haue most speciall regard that there bee mature progresse, in iudiciall processe: 2. and also equall moderation in punishment of malefactors.
In both which I would entreat you from the Lord, that you would have most special regard that there be mature progress, in judicial process: 2. and also equal moderation in punishment of malefactors.
Our Sauiour, in the Parable, doth note it as a marke of an vniust Iudge, who is void of all feare of God, and regard of man, that he deferred to doe iustice to the importunate widdow.
Our Saviour, in the Parable, does note it as a mark of an unjust Judge, who is void of all Fear of God, and regard of man, that he deferred to do Justice to the importunate widow.
though he fayled in the processe of this businesse, for feare of the Iewes. This vniust delay of iudiciall processe, hath beene an old and auncient corruption:
though he failed in the process of this business, for Fear of the Iewes. This unjust Delay of judicial process, hath been an old and ancient corruption:
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for reformation whereof, sundry Decrees were made by those worthie Emperours, Constantine, Iustinian, Gratian, Valentinian, and Theodosius, against procrastination and dilatory courses, in matters both of controuersie and crime.
for Reformation whereof, sundry Decrees were made by those worthy emperors, Constantine, Iustinian, Gratian, Valentinian, and Theodosius, against procrastination and dilatory courses, in matters both of controversy and crime.
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And what a great and grieuous both sin and shame is it, especially in Christian common-wealths, that the Sonne, the aged Sonne, should not liue long enough, to see an end of the tedious suits of his intangled Father, who trode a maze in his endlesse prosecution of Law,
And what a great and grievous both since and shame is it, especially in Christian commonwealths, that the Son, the aged Son, should not live long enough, to see an end of the tedious suits of his entangled Father, who trodden a maze in his endless prosecution of Law,
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for priuate respect of gayne, fauour, or enuy; without due regard to common equitie, or publique tranquillitie, or weale and welfare of Church, and Commonweale.
for private respect of gain, favour, or envy; without due regard to Common equity, or public tranquillity, or weal and welfare of Church, and Commonweal.
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Delaye breedes danger: daunger of Vndoing to the partie oppressed: danger of presuming, to the person oppressing: danger of hurt to the party procuring delay:
delay breeds danger: danger of Undoing to the party oppressed: danger of presuming, to the person oppressing: danger of hurt to the party procuring Delay:
Hereby is a wide flood gate opened and inlarged, whereby hatred, contentions and capitall enmities are propagated and diffused by partners and kindred, ouer whole families, villages, Cities, Countries,
Hereby is a wide flood gate opened and enlarged, whereby hatred, contentions and capital enmities Are propagated and diffused by partners and kindred, over Whole families, villages, Cities, Countries,
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Or if such outward mischiefe do not hence ensue, yet hereby is Gods worship and exercises of religion (as by an euill spirit and hellish furie of discord) disturbed and poysoned,
Or if such outward mischief do not hence ensue, yet hereby is God's worship and exercises of Religion (as by an evil Spirit and hellish fury of discord) disturbed and poisoned,
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while mens minds are distracted and exasperated with continued lawings, and dissentions: so that they can neither heare the word with attention and profit;
while men's minds Are distracted and exasperated with continued lawings, and dissensions: so that they can neither hear the word with attention and profit;
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Hereby is iustice it selfe profanely abused, and God himselfe the God of iustice, and prescriber of equity, most impiously contemned & monstrously dishonoured,
Hereby is Justice it self profanely abused, and God himself the God of Justice, and prescriber of equity, most impiously contemned & monstrously dishonoured,
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For when his Delegates and Deputies do peruert judgment, they make God himselfe (asmuch as in them lies) to become author and approuer of their detestable impietie.
For when his Delegates and Deputies do pervert judgement, they make God himself (as as in them lies) to become author and approver of their detestable impiety.
All Indges, Counsellors, Attourneyes, Sollicitors, Sheriffes, Iurors or witnesses, or other ministers of iustice, who by corrupt abuse of Gods sacred ordinance of iustice, open a flood-gate,
All Judges, Counsellors, Attorneys, Solicitors, Sheriffs, Jurors or Witnesses, or other Ministers of Justice, who by corrupt abuse of God's sacred Ordinance of Justice, open a floodgate,
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or window to such enormities and euils, shall themselues be convented (vnlesse they repent) before the most dreadfull Tribunall of God, there to be convicted and sentenced for their fearfull offences.
or window to such enormities and evils, shall themselves be Convicted (unless they Repent) before the most dreadful Tribunal of God, there to be convicted and sentenced for their fearful offences.
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All innocent persons, who haue bin oppressed, yet by piety restrained from vnjust reuenge, and preserued, by Gods grace, from vnlawfull remedies, shall yet in priuate put vp their complaints with sighes and groanes to the Iudge of Heauen, who as their kind patrone and powerfull protector shall take vengeance and punishment on such malefactors,
All innocent Persons, who have been oppressed, yet by piety restrained from unjust revenge, and preserved, by God's grace, from unlawful remedies, shall yet in private put up their complaints with sighs and groans to the Judge of Heaven, who as their kind patron and powerful protector shall take vengeance and punishment on such malefactors,
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These things being so (beloued in the Lord) that graue aduice and godly exhortation of King Iehosaphat to Iudges appointed by him, is worthy to be painted on the walls of all Courts and Iudgment-seats;
These things being so (Beloved in the Lord) that graven Advice and godly exhortation of King Jehoshaphat to Judges appointed by him, is worthy to be painted on the walls of all Courts and Judgment-seats;
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so must great wisdome, discretion, and religion be vsed that it be so guided between iust clemencie and needfull seueritie, that the sentence be equall, and tend to publike good.
so must great Wisdom, discretion, and Religion be used that it be so guided between just clemency and needful severity, that the sentence be equal, and tend to public good.
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The Common weale (as one well said) is conteined in two things, rewards punishments. and then doth it flourish (as another obserued) when all the Citizens or subiects thereof abstaine from cuill-doing for feare of punishment,
The Common weal (as one well said) is contained in two things, rewards punishments. and then does it flourish (as Another observed) when all the Citizens or Subjects thereof abstain from cuill-doing for Fear of punishment,
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Its rather to be wished than hoped, in this our corrupt estate, that all would abstaine from vice for loue of vertue, and hope of reward, and for good conscience rather than for feare of punishment:
Its rather to be wished than hoped, in this our corrupt estate, that all would abstain from vice for love of virtue, and hope of reward, and for good conscience rather than for Fear of punishment:
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but so seruile and vicious is the nature of man, that it hath neede to be curbed and restrained from euill, by threat and execution of correction and punishment:
but so servile and vicious is the nature of man, that it hath need to be curbed and restrained from evil, by threat and execution of correction and punishment:
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Which I desire the Iurors would looke vnto, who, not seldome, offend, and that grossly, in this kind, in bringing within the compasse of death, such as of right ought to be acquitted.
Which I desire the Jurors would look unto, who, not seldom, offend, and that grossly, in this kind, in bringing within the compass of death, such as of right ought to be acquitted.
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but rather speciall humanitie, when many are saued by the punishment of a few. Iudgment must passe with needfull seueritie against notorious and euident malefactors;
but rather special humanity, when many Are saved by the punishment of a few. Judgement must pass with needful severity against notorious and evident malefactors;
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This is the sentence of the Lord himselfe against a falsewitnesse-bearer: If the witnesse be a false witnesse, and haue testified falshood against his brother:
This is the sentence of the Lord himself against a falsewitnesse-bearer: If the witness be a false witness, and have testified falsehood against his brother:
And thy eye shall not pitie, but life shall go for life —. and the morall law doth eternally establish that the wilfull murtherer should die the death.
And thy eye shall not pity, but life shall go for life —. and the moral law does eternally establish that the wilful murderer should die the death.
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Augustus, in prudence second to none, yet being to examine a parricide, began thus: Certè patrem non occidisti: Surely thou hast not slaine thy father.
Augustus, in prudence second to none, yet being to examine a Parricide, began thus: Certè patrem non occidisti: Surely thou hast not slain thy father.
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Nero himselfe, otherwaies cruell, who being asked to subscribe to a sentence of death, gaue this answer, Vtinam liter as nescirem, I would I could not tell how to write.
Nero himself, otherways cruel, who being asked to subscribe to a sentence of death, gave this answer, Vtinam liter as nescirem, I would I could not tell how to write.
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And nothing is so contrary to the office of a Iudge as such mercy, when the Iudge becomes more mild than law in sparing the execution of notorious malefactors.
And nothing is so contrary to the office of a Judge as such mercy, when the Judge becomes more mild than law in sparing the execution of notorious malefactors.
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True, indeed, in cases of difficultie there must be inclination to mercy. In lesser offences (once or seldome committed) mitigation of seueritie. Frequenter qui peccant & lugent, veniam vix merentur:
True, indeed, in cases of difficulty there must be inclination to mercy. In lesser offences (once or seldom committed) mitigation of severity. Frequenter qui peccant & lugent, veniam vix merentur:
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And Christian compassion in seueritie of censure commiserating the misery of a guilty person, beseemes a Christian Iudge, who (when he pronounceth the sentence of death) may with Augustus, ex imo pectore suspiria ducere;
And Christian compassion in severity of censure commiserating the misery of a guilty person, beseems a Christian Judge, who (when he pronounceth the sentence of death) may with Augustus, ex imo pectore Suspiria ducere;
Now it remaineth that I should apply this charge, for iustice, of God and the King, giuen by Moses to the Iudges of Israel, to our Honorable and Reuerend Iudges here present:
Now it remains that I should apply this charge, for Justice, of God and the King, given by Moses to the Judges of Israel, to our Honourable and Reverend Judges Here present:
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neither to our Reuerend Iudges alone, but to all those ministers and instruments of iustice (sundry persons of different qualitie) who concurre as assistants in the dispatch of this busines.
neither to our Reverend Judges alone, but to all those Ministers and Instruments of Justice (sundry Persons of different quality) who concur as assistants in the dispatch of this business.
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and to commend the particular application thereof, to your priuate, deuout and godly meditations. yet hoping your wisdomes will redeeme a litle time, by cutting off some lesser occasions;
and to commend the particular application thereof, to your private, devout and godly meditations. yet hoping your wisdoms will Redeem a little time, by cutting off Some lesser occasions;
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because the Lord in mercy hath bestowed vpon you (to speake (as I am well perswaded) without flatterie) a great measure of wisdom & piety to deale in matters of iudgment iustly and conscionably,
Because the Lord in mercy hath bestowed upon you (to speak (as I am well persuaded) without flattery) a great measure of Wisdom & piety to deal in matters of judgement justly and Conscionably,
in so much as we blesse God for you, and pray to God to blesse you, that you also may continue a blessing vnto vs. Yet giue me leaue to put you in minde of this your charge from God & the King:
in so much as we bless God for you, and pray to God to bless you, that you also may continue a blessing unto us Yet give me leave to put you in mind of this your charge from God & the King:
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Ipsam causae inuenire iustitiam grande opus: inventam verò nulla iniquitate corrumpere labo riosissimum: To find out the very iustice of the cause is a great worke.
Ipsam causae invenire iustitiam Grande opus: inventam verò nulla iniquitate corrumpere Labo riosissimum: To find out the very Justice of the cause is a great work.
Wherefore, I earnestly beseech you from the Lord, continue still, if you haue begun, to be men of courage, fearing God, dealing truely, and hating couetousnesse. And seeke iudgement, relieue the oppressed, iudge the fatherlesse,
Wherefore, I earnestly beseech you from the Lord, continue still, if you have begun, to be men of courage, fearing God, dealing truly, and hating covetousness. And seek judgement, relieve the oppressed, judge the fatherless,
The person you susteine is the Sonne of God, who hath honoured you with the title and authoritie of God, who is present as chiefe President in the assemblies of Gods. Your iudgement which you giue, is the iudgement of God,
The person you sustain is the Son of God, who hath honoured you with the title and Authority of God, who is present as chief President in the assemblies of God's Your judgement which you give, is the judgement of God,
Remember (I pray you) that worthie example of the learned and vpright Lawyer Papinian, who being desired by the Emperour Antoninus Caracalla, to defend his fratricide of his brother Geta, answered boldly:
remember (I pray you) that worthy Exampl of the learned and upright Lawyer Papinian, who being desired by the Emperor Antoninus Caracalla, to defend his fratricide of his brother Geta, answered boldly:
Informe your selues throughly in the state of the cause, and deale faithfully with your Client in relating what you thinke of the equitie of the cause, and issue of the controuersie.
Inform your selves thoroughly in the state of the cause, and deal faithfully with your Client in relating what you think of the equity of the cause, and issue of the controversy.
But beeing called hither by God and the King, to this seruice of your Countrey (all you that haue taken or are to take an oth) sweare in truth, in iudgement, and righteousnesse.
But being called hither by God and the King, to this service of your Country (all you that have taken or Are to take an oath) swear in truth, in judgement, and righteousness.
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The charge of God and the King to all Quest-men, and Iurors, is the same in effect with that of the Witnesses, that they heare and giue verdicts righteously, discharging their oathes vnto the Lord.
The charge of God and the King to all Quest-men, and Jurors, is the same in Effect with that of the Witnesses, that they hear and give verdicts righteously, discharging their Oaths unto the Lord.
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so quicke of conceit, as that they know the case before they heare it, & so readie of resolution, that they know which way their verdict shall goe, assoone as they know the partie whom they would pleasure or please, to bee the plaintife,
so quick of conceit, as that they know the case before they hear it, & so ready of resolution, that they know which Way their verdict shall go, As soon as they know the party whom they would pleasure or please, to be the plaintiff,
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for fauour to your friends, or enuy to your aduersaries: but such as may be allowed of God and men, to your credite and comfort, and the publique good.
for favour to your Friends, or envy to your Adversaries: but such as may be allowed of God and men, to your credit and Comfort, and the public good.
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Lastly, you, my brethren, the bodie of the Countrey, who seeke in these places of iudgement, the face the Iudge, to haue your causes tryed in matters of controuersie;
Lastly, you, my brothers, the body of the Country, who seek in these places of judgement, the face the Judge, to have your Causes tried in matters of controversy;
Whatsoeuer you would that men should do vnto you, euen so doe yee to them. For matter of crime, take those exhortations: Feare God: honour the King: Eschew euill, and doe good:
Whatsoever you would that men should do unto you, even so do ye to them. For matter of crime, take those exhortations: fear God: honour the King: Eschew evil, and do good:
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In case of controuersie, I beseech you all to obserue these rules: seeke peace, and follow after it: follow peace with all men. Defraud not one another.
In case of controversy, I beseech you all to observe these rules: seek peace, and follow After it: follow peace with all men. Defraud not one Another.
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And if controuersies arise, vse all good meanes for the speedie compounding of them, that the Iudgement-seat be not troubled with euery trifling brawle, and needlesse suite.
And if controversies arise, use all good means for the speedy compounding of them, that the Judgement-seat be not troubled with every trifling brawl, and needless suit.
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Prosecute no bad cause, of hatred to hurt another, but onely good causes, and that of necessitie to relieue thy selfe. Packe no Iuries. Suborne no witnesses.
Prosecute no bad cause, of hatred to hurt Another, but only good Causes, and that of necessity to relieve thy self. Pack no Juries. Suborn not Witnesses.
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for if it fall out thou be justly cast in thy bad cause, then shalt thou beare an heauie burden of iust punishment for thy wilfull prosecution of thy vnrighteous suit.
for if it fallen out thou be justly cast in thy bad cause, then shalt thou bear an heavy burden of just punishment for thy wilful prosecution of thy unrighteous suit.
so do I a poore Minister of Christ, in the name of the Lord charge you all that haue the least finger in matters of iustice (as Reuerend Iudges, worthy Iustices, Counsellors, Iurors, witnesses,
so do I a poor Minister of christ, in the name of the Lord charge you all that have the least finger in matters of Justice (as Reverend Judges, worthy Justices, Counsellors, Jurors, Witnesses,
O blessed Lord God, Father of mercies, and God of all grace, graunt (we humbly intreat thee) to our Iudges and Magistrates, heauenly wisdom, christian courage, godly feare, vncorrupted integritie in hearing and iudging:
Oh blessed Lord God, Father of Mercies, and God of all grace, grant (we humbly entreat thee) to our Judges and Magistrates, heavenly Wisdom, christian courage, godly Fear, uncorrupted integrity in hearing and judging:
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and of thy whole Church, all Honour, Glorie, Praise, Power, Maiestie, Dominion, and Thankes-giuing, from this time forth for euer-more: Amen. All glorie be to GOD. FINIS.
and of thy Whole Church, all Honour, Glory, Praise, Power, Majesty, Dominion, and Thanksgiving, from this time forth for evermore: Amen. All glory be to GOD. FINIS.
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Antequā scripta fuit in hominum legthus, in mentibus vigebat. Ambr•• lib. 4. de Abra: hamo Patriare! cap. 4. Eph 4.24. In libro aduersus Iudae•s.
Antequā Scripta fuit in hominum legthus, in mentibus vigebat. Ambr•• lib. 4. de Abra: hamo Patriare! cap. 4. Ephesians 4.24. In libro Adversus Iudae•s.
Colimus Imperatorem, vt hominē a Deo secundum, & sole Deo minorem. Tertu•. ad Scap. Super Imperatorē nox est, nisi s•lus Deus qui fecit Imperaterē Optat. contr. Parmenian. lib. 3
We worship Imperatorem, vt hominē a God secundum, & sole God Minor. Tertu•. ad Scap. Super Imperatorē nox est, nisi s•lus Deus qui fecit Imperateren Optat Contr. Parmenian. lib. 3
Rex quia h•mo est, D•mino ser•it viuen•o fideliter: quia v. ro•tiam R•x est, seruit, l•ges iusta praec•pi• n••s & con••ar•a prohibentes, conuenienti vigore sanciendo. Aug: epist: 50. ad Bonisa. ium. Idem contra Cresconium l. 3. c. 51.
Rex quia h•mo est, D•mino ser•it viuen•o Fideliter: quia v. ro•tiam R•x est, seruit, l•ges Justa praec•pi• n••s & con••ar•a Prohibentes, conuenienti Vigour sanciendo. Aug: Epistle: 50. and Bonisa. ium. Idem contra Krisios l. 3. c. 51.
Omnia iudicia aut distrahendarum controuersi•rum, aut puniend orum maleficiorum causa reperiae sunt. In disceptan•• controuersijs, tuenda disciplina. Iustinian.
Omnia Judicia Or distrahendarum controuersi•rum, Or puniend orum maleficiorum causa reperiae sunt. In disceptan•• controuersijs, tuenda Discipline. Iustinian.
Qui statuit aliquid parte inaudita altera, aequum licet statuerit haud aequus erit. Senec. Plaut. Gen. 11.5. Non humano modo hoc intelligamus, sed vt per hoc erudiamur, nun q•ā temerè fratres condemnandos, ne { que } auditu solo iudicandū, nisi pluribus argumētis priùs certi reddamur. Omnia enim ideo à Deo fiunt & ob hoc tantâ ad erudiendum humanū genus vtitur sermonis attempera•ione. Gen. 18. v. 20. v. 2.
Qui statuit Aliquid part inaudita altera, Aequum licet statuerit haud aequus erit. Seneca Plautus. Gen. 11.5. Non Human modo hoc intelligamus, sed vt per hoc erudiamur, Nun q•ā temerè Brothers condemnandos, ne { que } auditu solo iudicandum, nisi Pluribus argumētis priùs certi reddamur. Omnia enim ideo à God Fluent & ob hoc tantâ ad erudiendum humanū genus vtitur Sermon attempera•ione. Gen. 18. v. 20. v. 2.
Aequam me vtrique parti, tam in disceptandis controuersiis, quam in tuenda disciplinâ praebebo. N•utri par•i praeter 〈 ◊ 〉 & sas ad••ct { us } ero. quod si haec non o•ser•au•ro, onu•i•us incommodis ero exp•situs, tam hic quara in futuro se•ulo, in borrè• do indicio magni Domini Dei & salu•toris n•stri Iesu Chrisii: habeboque partē cum Iuda, & lepram c•m Huzziah, & trem rea• cum Cain.
Aequam me utrique parti, tam in disceptandis controuersiis, quam in tuenda disciplinâ praebebo. N•utri par•i praeter 〈 ◊ 〉 & sas ad••ct { us } Ero. quod si haec non o•ser•au•ro, onu•i•us incommodis Ero exp•situs, tam hic quara in futuro se•ulo, in borrè• do Indicio magni Domini Dei & salu•toris n•stri Iesu Chrisii: habeboque partē cum Iuda, & lepram c•m Huzziah, & Tremor rea• cum Cain.
Nemo fere est, qui sit bonus index in suis rebus. Arist. polit. lib. 3. Insitū est mortalibus cunctis, vt se & sua ament, & sint benigni in suis causis. Senec. Lege decernim { us } neminē sibi essi indicem, aut ius dicere debere. Imper. Cod. lib. 2. tit. 5. Qui iurisdictioni praeest ne { que } sibi ius dicere d•bet, neque vxori, vel liberis, vel caeteris quos secum habet.
Nemo fere est, qui sit bonus index in suis rebus. Arist. Politic. lib. 3. Insitū est mortalibus cunctis, vt se & sua ament, & sint benigni in suis Causis. Seneca Lege decernim { us } neminē sibi essi indicem, Or Just dicere Debere. Imper. Cod. lib. 2. tit. 5. Qui iurisdictioni praeest ne { que } sibi Just dicere d•bet, neque vxori, vel Liberis, vel caeteris quos secum habet.
Ioh. 19. v. 12. In hominum gratiam iustitiam peruertit, & ius inflectit. Pluris facit imperatoris Romani quam Dei gratiam. Facit contra propriae conscientiae testimonium, & oris sui enunciatum.
John 19. v. 12. In hominum gratiam iustitiam pervertit, & Just inflectit. Pluris facit imperatoris Romani quam Dei gratiam. Facit contra propriae conscientiae testimonium, & oris sui enunciatum.
Facile a iusticiâ deniat qui in causis no•. D•ū sed homines pertimescit. Chrysost. Pietate sublata, fides tollitur. Cicero. Euseb. de vitâ Constant lib. 1. c. 11. Gen. 20.11.
Facile a iusticiâ deniat qui in Causis no•. D•ū sed homines pertimescit. Chrysostom Piate sublata, fides tollitur. Cicero. Eusebius de vitâ Constant lib. 1. c. 11. Gen. 20.11.
Veniet, inquam, veniet Dominus iudicij, vbi plus valebunt pura corda quam astuta verba, conscientia bona quam marsupia plena: vbi iudex non fa••etur verbis, non flectetur donis. 2. Cor. 5.10.
Come, inquam, Come Dominus iudicij, vbi plus valebunt Pura Corda quam astuta verba, conscientia Bona quam marsupia plena: vbi Judge non fa••etur verbis, non flectetur donis. 2. Cor. 5.10.
Causae pecuniarum, et ciuiles omnes, quocunque nomine veniant, & cuiuscunque sint quantitatis, non vlterius quam ad triennij spacium extendi iubentur. ibid.
Causae pecuniarum, et Civiles omnes, quocunque nomine veniant, & cuiuscunque sint quantitatis, non vlterius quam ad triennij spacium extendi iubentur. Ibid.
De his quos tenet carcer inclusos aperta definitione sancimus, vt aut conuictos velox poena subducat, aut liberandos custodiadiuturna non maceret. Imp. p. p. p. Gratian. Valentia. & Theodosius, decernunt.
De his quos tenet carcer inclusos Aperta definition Sanctimus, vt Or conuictos Swift poena subducat, Or liberandos custodiadiuturna non maceret. Imp. p. p. p. Gratian. Valentia. & Theodosius, decernunt.
Proemijs & poenu. Solon. Quando ciues omnes poenarū metu à malesicijs abstiments, & benesiciorū praemȳs inritati officium facere studēt. Demost. NONLATINALPHABET.
Proemijs & poenu. Solon. Quando ciues omnes poenarū metu à malesicijs abstiments, & benesiciorun praemyns inritati officium facere student. Demost.
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Vt his tollantur mali si esse nocentes volinrint, aut emendentur si per negligentiam aliquid admiserint Sen c. de irâ lib. 1. L rispiciendum de poenis. Nesp sl•a sitauitas conciomor, aut vtihor harmonia ▪ quam seucritas cum comitate cōiuncta. Plutarch. in Phocion.
Vt his tollantur mali si esse nocentes volinrint, Or emendentur si per negligentiam Aliquid admiserint Sen c. de irâ lib. 1. L rispiciendum de Phoenicians. Nesp sl•a sitauitas conciomor, Or vtihor harmonia ▪ quam seucritas cum comitate cōiuncta. Plutarch. in Phocion.
Publicè interest vt lites iniustae at { que } inanes coerceantur; ne Magistratus querelis atque causis nihil• occupetur, neue ciues temerè iuter se rixentur, pacemque turbent. L. 21. ff. si certum petatur.
Publicè Interest vt lights iniustae At { que } inanes coerceantur; ne Magistratus querelis atque Causis nihil• occupetur, neue ciues temerè iuter se rixentur, pacemque turbent. L. 21. ff. si certum petatur.
