Moses's charge to Israel's judges opened in an assise sermon preached at Salisbury, Feb. 27, 1680, before the Right Honourable Sr. Thomas Jones ... / by John Bennion ...
he soon felt the weight of his Office a burthen too heavy for the shoulders of a single person to bear, verse 10. 12. The Lord your God hath multiplyed you;
he soon felt the weight of his Office a burden too heavy for the shoulders of a single person to bear, verse 10. 12. The Lord your God hath multiplied you;
How can I my self alone bear your cumbrance and your burthen and your strife? He therefore counsels them to make choice of other subordinate Rulers and Judges;
How can I my self alone bear your cumbrance and your burden and your strife? He Therefore Counsels them to make choice of other subordinate Rulers and Judges;
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Ʋnderstanding Known 3. The Matter of the Charge, set down both 1. Affirmatively. 2. Negatively. 1. Affirmatively 1. Hear; Objectum Quod, the Cause. Cui, your Brother's cause. 2. Judge; And this judgment must be First for the Quality, Righteous.
Ʋnderstanding Known 3. The Matter of the Charge, Set down both 1. Affirmatively. 2. Negatively. 1. Affirmatively 1. Hear; Objectum Quod, the Cause. Cui, your Brother's cause. 2. Judge; And this judgement must be First for the Quality, Righteous.
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2. Negatively 1. Not respect Persons. 2. Not be afraid of the face of man. And the Reason both of the one, and the other, follows in the next words: For the Judgment is God's.
2. Negatively 1. Not respect Persons. 2. Not be afraid of the face of man. And the Reason both of the one, and the other, follows in the next words: For the Judgement is God's.
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1. In the Affirmative part of the Charge the first duty enjoyn'd the Judges is to hear the Cause. And by hearing is to be understood a diligent and circumspect attention to the business in hand, to all Persons and Things; all Circumstances and Evidences, that may make the state of the Cause to appear;
1. In the Affirmative part of the Charge the First duty enjoined the Judges is to hear the Cause. And by hearing is to be understood a diligent and circumspect attention to the business in hand, to all Persons and Things; all circumstances and Evidences, that may make the state of the Cause to appear;
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which is farther explain'd Deut. 19. 18. The Judges shall make diligent inquisition &c. like some skilfull and wise Physitian, who first of all feels the Pulse of his Patient;
which is farther explained Deuteronomy 19. 18. The Judges shall make diligent inquisition etc. like Some skilful and wise physician, who First of all feels the Pulse of his Patient;
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before he will (or indeed can) prescribe a Remedy. So the just Magistrate, in matters Criminal does not pronounce Sentence; nor in matters Civil, give his Determination; till he has first duly consider'd of the Action and the Circumstances it is cloth'd with, throughly examined Witnesses, scan'd and compar'd Evidences, and us'd all other expediencies to come to the clear knowledge of the truth;
before he will (or indeed can) prescribe a Remedy. So the just Magistrate, in matters Criminal does not pronounce Sentence; nor in matters Civil, give his Determination; till he has First duly considered of the Actium and the circumstances it is clothed with, thoroughly examined Witnesses, scanned and compared Evidences, and used all other Expediences to come to the clear knowledge of the truth;
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For he that is first in his own cause, seemeth just, but his neighbour cometh and searcheth him, Pro. 18. 17. A diligent Disquisition of the Cause, and a mature Deliberation thereupon, is therefore necessary in matters of Judicature Cunctari judicantem decet, imo oportet, said Seneca the Philosopher: and Seneca the Tragedian lays down the like Position, Qui statuit aliquid parte inaudita altera, aequum licet statuerit, haud aequus fuit.
For he that is First in his own cause, seems just, but his neighbour comes and Searches him, Pro 18. 17. A diligent Disquisition of the Cause, and a mature Deliberation thereupon, is Therefore necessary in matters of Judicature Cunctari judicantem Deceit, imo oportet, said Senecca the Philosopher: and Senecca the Tragedian lays down the like Position, Qui statuit Aliquid part inaudita altera, Aequum licet statuerit, haud aequus fuit.
He that Determines a Case at-all-adventures, tho perhaps he should stumble upon Justice, yet he is himself unjust; and that because he should hear both sides speak before he determines.
He that Determines a Case at-all-adventures, though perhaps he should Stumble upon justice, yet he is himself unjust; and that Because he should hear both sides speak before he determines.
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To begin with the first of these, I charged your Judges to hear, from whence it will naturally follow that Judges and Magistrates were not so much ordain'd for their Own sakes,
To begin with the First of these, I charged your Judges to hear, from whence it will naturally follow that Judges and Magistrates were not so much ordained for their Own sakes,
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The Grandeur of Kings and Magistrates consisteth in this, that they have power to help those who are not able to help themselves. Nay, it is for this very reason, that they are styl'd Gods; and that by God himself, who gave them this power; and has imprinted in the very natural Conscience of every man Notions of Fear and Honour, Subjection and Contribution to be given to Kings and other Magistrates and Superiors; and that not only for wrath, but for conscience sake.
The Grandeur of Kings and Magistrates Consisteth in this, that they have power to help those who Are not able to help themselves. Nay, it is for this very reason, that they Are styled God's; and that by God himself, who gave them this power; and has imprinted in the very natural Conscience of every man Notions of fear and Honour, Subjection and Contribution to be given to Kings and other Magistrates and Superiors; and that not only for wrath, but for conscience sake.
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tho the Judge be indeed the King's as to his Delegation to, yet is he the People's as to the Execution of his Office; deriveth his Authority from the King; is to mannage it for the King's Leige People.
though the Judge be indeed the King's as to his Delegation to, yet is he the People's as to the Execution of his Office; deriveth his authority from the King; is to manage it for the King's Liege People.
But Secondly, Another Argument, yet farther to inforce this duty, is taken from the Relation of the People to the Judges; they are Your Brethren: your Brethren by Nature, as Men; your Brethren in a Political Notion,
But Secondly, another Argument, yet farther to enforce this duty, is taken from the Relation of the People to the Judges; they Are Your Brothers: your Brothers by Nature, as Men; your Brothers in a Political Notion,
Thus your Brother's Liberty restrain'd by unjust Imprisonment, his Name wounded by Reproches, his House broken up, his Sheep or his Oxen driven away, his Life endanger'd &c. doe every of them call for that Brotherly Love and Affection from you, which should move you diligently to Hear his Cause,
Thus your Brother's Liberty restrained by unjust Imprisonment, his Name wounded by Reproaches, his House broken up, his Sheep or his Oxen driven away, his Life endangered etc. do every of them call for that Brotherly Love and Affection from you, which should move you diligently to Hear his Cause,
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and the Stranger that is with him. As therefore the Apostle Paul said in another case, does God take care for Oxen? so may we say in this, does God take Care for Strangers? Yes he doth;
and the Stranger that is with him. As Therefore the Apostle Paul said in Another case, does God take care for Oxen? so may we say in this, does God take Care for Strangers? Yes he does;
and that the rather, because Strangers are more liable to Affronts and Abuses in their Persons, to Injuries and Rapines in their Estates, than other Men.
and that the rather, Because Strangers Are more liable to Affronts and Abuses in their Persons, to Injuries and Rapines in their Estates, than other Men.
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so neither must your Justice, and Equity: As to that former the Apostle Peter says, we must add to our brotherly kindness Charity; Brotherly kindness peculiarly respecting the Brotherhood of Christians;
so neither must your justice, and Equity: As to that former the Apostle Peter Says, we must add to our brotherly kindness Charity; Brotherly kindness peculiarly respecting the Brotherhood of Christians;
but Charity so comprehensive, as to regard Man as Man, and therefore every Man: upon which account Aristotle when reprov'd for bestowing a Charity upon a bad Man, reply'd;
but Charity so comprehensive, as to regard Man as Man, and Therefore every Man: upon which account Aristotle when reproved for bestowing a Charity upon a bad Man, replied;
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that he did not therein respect NONLATINALPHABET, not the manners, but the Man. And as to this latter Moses here in effect says, you must to Justice to your Brethren add that to Strangers: nay Justice it self, in it's proper formal Act, says so too;
that he did not therein respect, not the manners, but the Man. And as to this latter Moses Here in Effect Says, you must to justice to your Brothers add that to Strangers: nay justice it self, in it's proper formal Act, Says so too;
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But there are a sort of Strangers amongst us, that your Justice and Judgment are to be executed against, and upon; and that in the utmost Rigor and Severity, without any Constructio favorabilis of the Letter of our Law, which (as 'tis said of that of God's) killeth; who ought to have Judgment without Mercy,
But there Are a sort of Strangers among us, that your justice and Judgement Are to be executed against, and upon; and that in the utmost Rigor and Severity, without any Constructio favorabilis of the letter of our Law, which (as it's said of that of God's) kills; who ought to have Judgement without Mercy,
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who, tho Native English Men, yet have made themselves first Strangers, and then Enemies both to the Church and State of England; Contriv'd their Subversion, the Murder of their gracious King,
who, though Native English Men, yet have made themselves First Strangers, and then Enemies both to the Church and State of England; Contrived their Subversion, the Murder of their gracious King,
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The First is drawn from the Solemn Charge given to the Judges, when they are first Invested in their Office; I took the Chief of your Tribes, Wise men and Known,
The First is drawn from the Solemn Charge given to the Judges, when they Are First Invested in their Office; I took the Chief of your Tribes, Wise men and Known,
answerable to which is that Charge of Jehosaphat to his Judges, 2 Chron. 19. 5, 6, 7. where 'tis said that he set Judges in the Land throughout all the senced Cities of Judah, City by City;
answerable to which is that Charge of Jehoshaphat to his Judges, 2 Chronicles 19. 5, 6, 7. where it's said that he Set Judges in the Land throughout all the sensed Cities of Judah, city by city;
and that with an Oath, (another, and yet farther Bond upon his Conscience) to doe Righteously between the King and his People: And therefore saies the Righteous and Impartial Judge, Justice Condemns this man to die,
and that with an Oath, (Another, and yet farther Bound upon his Conscience) to do Righteously between the King and his People: And Therefore Says the Righteous and Impartial Judge, justice Condemns this man to die,
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and tho they saw honey upon the Ground, (could have had it for stooping) yet they would not so much as taste, because they feared their Oath, 1 Sam. 14. 24, 25, 26. The Second reason is drawn from the Order of the Charge;
and though they saw honey upon the Ground, (could have had it for stooping) yet they would not so much as taste, Because they feared their Oath, 1 Sam. 14. 24, 25, 26. The Second reason is drawn from the Order of the Charge;
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i. e. All your Diligence and Exactness in inquiring into the matter before you, in putting Questions, Scanning and comparing Evidences, is in order only unto this very thing, that you may thereupon proceed unto a Righteous Judgement.
i. e. All your Diligence and Exactness in inquiring into the matter before you, in putting Questions, Scanning and comparing Evidences, is in order only unto this very thing, that you may thereupon proceed unto a Righteous Judgement.
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Nay a Magistrate, who is inquisitive where the Equity lies, but corrupt in passing sentence, acts like Herod, who diligently enquired, where Jesus the King of the Jews was, that he might come and worship him;
Nay a Magistrate, who is inquisitive where the Equity lies, but corrupt in passing sentence, acts like Herod, who diligently inquired, where jesus the King of the jews was, that he might come and worship him;
when indeed his intent was only to destroy him. And so much for the affirmative part of the Charge. 2ly. In the Negative part of it there are two things forbidden:
when indeed his intent was only to destroy him. And so much for the affirmative part of the Charge. 2ly. In the Negative part of it there Are two things forbidden:
NONLATINALPHABET translated by the Septuagint NONLATINALPHABET, and in Latine may be rendred Non agnoscetis faciem, you shall not judge according to the outward quality, state and condition of men;
translated by the septuagint, and in Latin may be rendered Non agnoscetis Face, you shall not judge according to the outward quality, state and condition of men;
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And this is to become like the Great Judge of all, who thus expresseth himself, Rev. 22. 12. My reward is with me NONLATINALPHABET, to give every man according as his work shall be.
And this is to become like the Great Judge of all, who thus Expresses himself, Rev. 22. 12. My reward is with me, to give every man according as his work shall be.
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Nor should Justice (who is therefore painted blind) know any difference between the Noble and the Base, but (as it is in my Text) should hear the small as well as the great.
Nor should justice (who is Therefore painted blind) know any difference between the Noble and the Base, but (as it is in my Text) should hear the small as well as the great.
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which is the last duty of the good Magistrate in my Text. And certainly Courage in a Judge is sometimes as requisite as any other Qualification we have spoken of:
which is the last duty of the good Magistrate in my Text. And Certainly Courage in a Judge is sometime as requisite as any other Qualification we have spoken of:
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at best but like striking with the scabbard, when it should have been with the sword. This (which is bad) is to bear the sword in vain, and to no purpose,
At best but like striking with the scabbard, when it should have been with the sword. This (which is bad) is to bear the sword in vain, and to no purpose,
who as they lately were, so we may well presume they still are, designing and practiceing (for while their * principles are unchang'd, their practises will be the same) against the Life of that sacred Person, by whose unparalleld clemency, many of them hold their own;
who as they lately were, so we may well presume they still Are, designing and practiceing (for while their * principles Are unchanged, their practises will be the same) against the Life of that sacred Person, by whose unparalleled clemency, many of them hold their own;
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and had effectually once taken it away, had not divine providence, still watching over it, substituted a Ram instead of that great sacrifice to the Triple-Mitred Idol: A Generation they are, on whom Favour and Indulgence is as ill placed as complement on a Woolf, or courtship on a Tygre.
and had effectually once taken it away, had not divine providence, still watching over it, substituted a Ram instead of that great sacrifice to the Triple-Mitred Idol: A Generation they Are, on whom Favour and Indulgence is as ill placed as compliment on a Woolf, or courtship on a Tiger.
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Now this fear of the face of man, is a peice of pusillanimity or cowardize in the heart of the Judge, arising from the Consideration of some Evils that are threatned or may befall him, in the due Execution of his Office. As thus;
Now this Fear of the face of man, is a piece of pusillanimity or cowardice in the heart of the Judge, arising from the Consideration of Some Evils that Are threatened or may befall him, in the due Execution of his Office. As thus;
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if I pass a righteous sentence in such, or such a Case, I may soon judge my self out of my Place and Honour, out of all my Great Friends, my Libertie, my Estate, and perhaps endanger my Life it self.
if I pass a righteous sentence in such, or such a Case, I may soon judge my self out of my Place and Honour, out of all my Great Friends, my Liberty, my Estate, and perhaps endanger my Life it self.
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Nebuchadnezar's Furnace cannot burn, nor Darius his Lyons devoure without Divine permission; and Jeroboam's hand shrivels up, when he would offer violence to the man of God.
Nebuchadnezar's Furnace cannot burn, nor Darius his Lyons devour without Divine permission; and Jeroboam's hand shrivels up, when he would offer violence to the man of God.
The consideration of which will give edge to the courage of the Righteous Judge, and make him as bold as a Lyon. I am (says he) God's Vicegerent, his mouth to pass that Sentence which he himself would have passed;
The consideration of which will give edge to the courage of the Righteous Judge, and make him as bold as a lion. I am (Says he) God's Vicegerent, his Mouth to pass that Sentence which he himself would have passed;
or a Pilate on the Bench of God? The Judgement is God's, and shall I for Fear or Respect of men bow it according to their corrupt Will and Pleasure? shall I (as much as in me lies) make the God of Truth a Lyer,
or a Pilate on the Bench of God? The Judgement is God's, and shall I for fear or Respect of men bow it according to their corrupt Will and Pleasure? shall I (as much as in me lies) make the God of Truth a Liar,
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an Accepter of Persons, an Oppressor, a Condemner of the Just, and an Absolver of the wicked, represent the Judge of all the earth as any way not doing Right? No, God forbid;
an Accepter of Persons, an Oppressor, a Condemner of the Just, and an Absolver of the wicked, represent the Judge of all the earth as any Way not doing Right? No, God forbid;
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and therefore I neither value the Envy or Reproaches of those that are below, nor the Frowns and Menaces of those that are above me. The judgment is God's i. e.
and Therefore I neither valve the Envy or Reproaches of those that Are below, nor the Frowns and Menaces of those that Are above me. The judgement is God's i. e.
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He notes and observes all that is done, and will call over the judgment again if it be not Righteous. Such a time Barabbas, a Rogue, a murtherer was absolv'd, and Christ crucifyed by Pilate; Such a time Jezabel took away Naboth's life, that she might have his Vineyard; So many Traytors acquitted at another time,
He notes and observes all that is done, and will call over the judgement again if it be not Righteous. Such a time Barabbas, a Rogue, a murderer was absolved, and christ Crucified by Pilate; Such a time Jezebel took away Naboth's life, that she might have his Vineyard; So many Traitors acquitted At Another time,
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and sometimes Friends, nay sometimes Enemies preferr'd before him. But however remember this, the Case will one day come to another hearing; For the judgment is God's.
and sometime Friends, nay sometime Enemies preferred before him. But however Remember this, the Case will one day come to Another hearing; For the judgement is God's.
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I shall not expose my self to your judicial censure for an Action of Trespass upon your time (if not your patience also) in any farther distinct and particular application.
I shall not expose my self to your judicial censure for an Actium of Trespass upon your time (if not your patience also) in any farther distinct and particular application.
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which if it may not be done, I am yet to learn the use of an Assise Sermon. In that sense therefore your Lordship's Candor hath I doubt not all along understood me.
which if it may not be done, I am yet to Learn the use of an Assize Sermon. In that sense Therefore your Lordship's Candor hath I doubt not all along understood me.
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yet would they withall consider me as a minister of Iesus Christ, and one who desireth to be found faithfull to him, they might in my Text, and those other Scriptures on this solemn occasion made use of, find Gravity enough unlessen'd by any Levity of mine, to excuse my Boldness, were it needful.
yet would they withal Consider me as a minister of Iesus christ, and one who Desires to be found faithful to him, they might in my Text, and those other Scriptures on this solemn occasion made use of, find Gravity enough unlessened by any Levity of mine, to excuse my Boldness, were it needful.
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not respecting Persons in judgment, not fearing the face of man how great soever, as considering there is a greater above him, who is with you in the judgment, and to whom you must one day be accountable; For the judgment is God's. FINIS.
not respecting Persons in judgement, not fearing the face of man how great soever, as considering there is a greater above him, who is with you in the judgement, and to whom you must one day be accountable; For the judgement is God's. FINIS.