The judge's authority or constitution a sermon preached in the Cathedral Church of St. Peter in York, upon Monday the 7th day of March 1669/70, at the assizes holden for that county before the Right Honourable Baron Littleton, the Right WOrshipfull Sr. Philip Monckton, Knight, being High-sheriff of Yorkshire / by James Johnson ...
IT were to be wished, that the dictates of reason and religion, that the rules of justice and equity, that the laws of Christianity and piety, were so generally entertained, and cordially imbraced, that the voice of oppression and injustice, of deceit and wickedness, of fraud and violence, were not so much as heard amongst us;
IT were to be wished, that the dictates of reason and Religion, that the rules of Justice and equity, that the laws of Christianity and piety, were so generally entertained, and cordially embraced, that the voice of oppression and injustice, of deceit and wickedness, of fraud and violence, were not so much as herd among us;
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then would the world become as a garden of Eden, no forbidden fruit of what belongs not to us, would then be touched, nor would there be any serpent there, to envy at,
then would the world become as a garden of Eden, no forbidden fruit of what belongs not to us, would then be touched, nor would there be any serpent there, to envy At,
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nor destroy in all God's holy mountain. But whilst in stead of this divine and evangelical, this calm and serene, meek and innocent temper, men (if so they may be called that cast off all reason and religion,
nor destroy in all God's holy mountain. But while in stead of this divine and Evangelical, this Cam and serene, meek and innocent temper, men (if so they may be called that cast off all reason and Religion,
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and abandon natural justice and equity) become brutish and savage, inhumane and ravenous, the garden of Eden is turned into a wilderness, and men become serpents to each other;
and abandon natural Justice and equity) become brutish and savage, inhumane and ravenous, the garden of Eden is turned into a Wilderness, and men become Serpents to each other;
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or as the same Prophet expresses it, the wild beasts of the desert meet with the wild beasts of the island, satyres and vultures, tygers and dragons, viz. men of cruelty and barbarity, of brutish and unnatural dispositions become possessours of it.
or as the same Prophet Expresses it, the wild beasts of the desert meet with the wild beasts of the island, satyrs and vultures, tigers and dragons, viz. men of cruelty and barbarity, of brutish and unnatural dispositions become possessors of it.
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And now man that is by nature NONLATINALPHABET, (as the Philosopher terms him) a gentle and sociable creature, made for converse & society, becomes degenerate,
And now man that is by nature, (as the Philosopher terms him) a gentle and sociable creature, made for converse & society, becomes degenerate,
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and overthrows those very foundations that should uphold it: they that should be helps and supporters, become supplanters and underminers of each other:
and overthrows those very foundations that should uphold it: they that should be helps and supporters, become supplanters and underminers of each other:
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instead of Homo homini Deus, it is Homo homini Lupus, and men live together, as though they were made to bite and devour, to ruine and destroy one another.
instead of Homo Homini Deus, it is Homo Homini Lupus, and men live together, as though they were made to bite and devour, to ruin and destroy one Another.
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And as being impatient of all restraint and controule, the excentrick and irregular passions of such degenerate minds become so furious and headstrong,
And as being impatient of all restraint and control, the eccentric and irregular passion of such degenerate minds become so furious and headstrong,
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and make them oftentimes the more outragious, like the troubled sea (to which such like men are by the Prophet compared) they are continnally casting forth mire and dirt;
and make them oftentimes the more outrageous, like the troubled sea (to which such like men Are by the Prophet compared) they Are continnally casting forth mire and dirt;
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so these mens restless and raging passions overflow all banks that should bound them, and in contempt spit defiance in the face of laws, and lawgivers.
so these men's restless and raging passion overflow all banks that should bound them, and in contempt spit defiance in the face of laws, and lawgivers.
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And now when mens passions become as wild and boundless, as they are otherwise lawless and unaccountable, 'tis time for the law to take courage to it self,
And now when men's passion become as wild and boundless, as they Are otherwise lawless and unaccountable, it's time for the law to take courage to it self,
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and double its strength to chastise the boldness of such offenders, 'tis but equal that that against which they offend, should become the instrument of their punishment.
and double its strength to chastise the boldness of such offenders, it's but equal that that against which they offend, should become the Instrument of their punishment.
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Thus by reason of offenders, laws and the execution of them become as necessary, as they would otherwise be useless, and the Magistrates power to preserve every one in his right,
Thus by reason of offenders, laws and the execution of them become as necessary, as they would otherwise be useless, and the Magistrates power to preserve every one in his right,
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and defend him from the violence of another, is as requisite as the prostitution of laws to every extravagant and unbridled humour would be intolerably pernicious and mischievous; to prevent the sad consequences,
and defend him from the violence of Another, is as requisite as the prostitution of laws to every extravagant and unbridled humour would be intolerably pernicious and mischievous; to prevent the sad consequences,
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and insufferable enormities whereof, Judges and overseers of the law are constituted and appointed for the safety and security of those that live under its protection;
and insufferable enormities whereof, Judges and Overseers of the law Are constituted and appointed for the safety and security of those that live under its protection;
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that there may be a due and right administration of justice, and that the people may be judged with just judgement, without wresting, or distoring that which is the common rule of every one's right;
that there may be a due and right administration of Justice, and that the people may be judged with just judgement, without wresting, or distoring that which is the Common Rule of every one's right;
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this is the work and business of this time; and this accordingly is the injunction and command of Moses here in his charge to, or concerning the Judges.
this is the work and business of this time; and this accordingly is the injunction and command of Moses Here in his charge to, or Concerning the Judges.
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3. Judicandi modus, the manner how that execution of Justice is to be performed, 1. Positively, with just judgement. 2. Negatively 1. Without perverting of equity, Thou shalt not wrest judgement.
3. Judicandi modus, the manner how that execution of justice is to be performed, 1. Positively, with just judgement. 2. Negatively 1. Without perverting of equity, Thou shalt not wrest judgement.
To the Head and Chief of which, that sits in Moses 's chair to hear and determine, judge and pass sentence, to him that gives a charge to others, in the first place is a Charge given, Thou shalt judge the people with just judgement.
To the Head and Chief of which, that sits in Moses is chair to hear and determine, judge and pass sentence, to him that gives a charge to Others, in the First place is a Charge given, Thou shalt judge the people with just judgement.
To him that prepares and makes ready the cause for the Judge's hearing, the Advocate or Pleader to whose care and trust the state and suit of the Client is committed,
To him that prepares and makes ready the cause for the Judge's hearing, the Advocate or Pleader to whose care and trust the state and suit of the Client is committed,
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or that is in any office of trust, or place of service in, or about the Courts, so as it may come within the verge of his power to do a suitor a courtesie,
or that is in any office of trust, or place of service in, or about the Courts, so as it may come within the verge of his power to do a suitor a courtesy,
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or displeasure, is the next injunction, Thou shalt not respect persons. Lastly, to him that's bound over to prosecute for the King in a criminal cause;
or displeasure, is the next injunction, Thou shalt not respect Persons. Lastly, to him that's bound over to prosecute for the King in a criminal cause;
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or that offers himself as a voluntary informer upon some penal statute, or is brought in by process to give publick testimony upon Oath; or comes of good or ill will to speak a good word for,
or that offers himself as a voluntary informer upon Some penal statute, or is brought in by process to give public testimony upon Oath; or comes of good or ill will to speak a good word for,
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or a contrary one against any person, is the last prohibition, Take not a gift; when he opens his mouth to give witness, he must not open his hand to receive a gift, for a gift doth pervert the words of the righteous.
or a contrary one against any person, is the last prohibition, Take not a gift; when he Opens his Mouth to give witness, he must not open his hand to receive a gift, for a gift does pervert the words of the righteous.
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But because the several corruptions of justice do often unite in the same persons, and as the Philosopher observes of moral vertues are concatenated and linked together in the same subject, that the same men Proteus - like put on several shapes, that they rather endeavour an engrossing of all abuses,
But Because the several corruptions of Justice do often unite in the same Persons, and as the Philosopher observes of moral Virtues Are concatenated and linked together in the same Subject, that the same men Proteus - like put on several shapes, that they rather endeavour an engrossing of all Abuses,
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than a monopoly of any particular one to themselves, and that by such a complication of them, they (as Saint James speaks in another case) in many things offend all, I shall not be so injurious to the words,
than a monopoly of any particular one to themselves, and that by such a complication of them, they (as Saint James speaks in Another case) in many things offend all, I shall not be so injurious to the words,
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as to imprison them in such narrow limits, and confine that to some sort of persons, to which mens general practises have unhappily given a greater extent and latitude.
as to imprison them in such narrow Limits, and confine that to Some sort of Persons, to which men's general practises have unhappily given a greater extent and latitude.
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Moses in the precedent verses had given charge concerning religious matters, he now descends to civil affairs; as before he had taken care for the establishment of piety towards God, so here he endeavours the promotion of justice towards men: the affairs both of Church and State fall under the Magistrate 's care and inspection, he is custos utriusque tabulae; both the Tables of the Law were given Moses to be kept,
Moses in the precedent Verses had given charge Concerning religious matters, he now descends to civil affairs; as before he had taken care for the establishment of piety towards God, so Here he endeavours the promotion of Justice towards men: the affairs both of Church and State fallen under the Magistrate is care and inspection, he is custos utriusque tabulae; both the Tables of the Law were given Moses to be kept,
At first indeed he judged the people by himself, but their contentions growing as numerous as their persons, and their strifes as endless, as they were unreasonable, that soon became a burden too heavy for his shoulders alone, ch. 1. 12. How can I my self alone bear your cumbrance,
At First indeed he judged the people by himself, but their contentions growing as numerous as their Persons, and their strifes as endless, as they were unreasonable, that soon became a burden too heavy for his shoulders alone, changed. 1. 12. How can I my self alone bear your cumbrance,
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and your burden, and your strife? and therefore following Jethro his father in law's advice, he chooses out among the people able men to perform that task with him, that they might judge of the smaller matters,
and your burden, and your strife? and Therefore following Jethro his father in law's Advice, he chooses out among the people able men to perform that task with him, that they might judge of the smaller matters,
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and what he then commanded, he again at this second promulgation of the law charges upon them, thereby perpetuating his care to successive generations, whom he appoints to make Judges and Officers over them.
and what he then commanded, he again At this second Promulgation of the law charges upon them, thereby perpetuating his care to successive generations, whom he appoints to make Judges and Officers over them.
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and for the distinction of them, makes mention of several sorts of Judges or Magistrates among the Jews. First, NONLATINALPHABET Seniours or Elders. Secondly, NONLATINALPHABET Judges.
and for the distinction of them, makes mention of several sorts of Judges or Magistrates among the jews. First, Seniors or Elders. Secondly, Judges.
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Fourthly, NONLATINALPHABET Prefects or Masters, being the same which is here rendred Officers, and is distinguished from Judges, because Judex judicabat, Praefectus exequebatur quod judicatum erat, the Judge passes sentence or determines, the Officer puts in execution what is so sentenced or determined.
Fourthly, Prefects or Masters, being the same which is Here rendered Officers, and is distinguished from Judges, Because Judge judicabat, Praefectus exequebatur quod judicatum erat, the Judge passes sentence or determines, the Officer puts in execution what is so sentenced or determined.
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and vulgar latine, but according to the Syriac version it is, Judges and Scribes, Wolphius renders it Apparitores, Junius and Tremellius, Moderatores, some translate it Decanos, others Duces, Officiales, Ministros Magistratuum, or Castigatores; Apparitors, Moderators, Officials, Captains, Leaders, Virgers, or Correctours, according to the last of which Paulus Fagius thus distinguishes them, NONLATINALPHABET sunt Judices, qui determinant causum, sive judicium, NONLATINALPHABET sunt qui dominantur populo, & exequuntur mandata eorum, scilicet Judicum, cum virgâ & flagello;
and Vulgar latin, but according to the Syriac version it is, Judges and Scribes, Wolphius renders it Apparitores, Junius and Tremellius, Moderatores, Some translate it Decanos, Others Duces, Officials, Ministros Magistrates, or Castigators; Apparitors, Moderators, Officials, Captains, Leaders, Virgers, or Correctors, according to the last of which Paulus Fagius thus Distinguishes them, sunt Judges, qui determinant causum, sive judicium, sunt qui dominantur populo, & exequuntur Commandments Their, scilicet Judicum, cum virgâ & Flagello;
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their office being much of the same nature with that of the Lictors among the Romans, and so rendred castigatores, those that chastise or correct the people, agreeable with the third sort of Magistrates among the Jews called NONLATINALPHABET Exactours, to which happily that of the Prophet Isaiah alludes, I will make thine Officers peace, and thine Exactours righteousness.
their office being much of the same nature with that of the Lictors among the Roman, and so rendered castigators, those that chastise or correct the people, agreeable with the third sort of Magistrates among the jews called Exactours, to which happily that of the Prophet Isaiah alludes, I will make thine Officers peace, and thine Exactours righteousness.
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Or by Judges and Officers may be distinguished the Supreme Judge from the rest, either in the great Councel or Sanhedrim of the Jews consisting of 70 Elders, or 71, or sometimes 72 if the High Priest were there, in which he that sat chief, in the place of Moses was called NONLATINALPHABET Praefectus, and NONLATINALPHABET Excellens; or else in the less Councel consisting of 23 which were in the smaller cities,
Or by Judges and Officers may be distinguished the Supreme Judge from the rest, either in the great Council or Sanhedrim of the jews consisting of 70 Elders, or 71, or sometime 72 if the High Priest were there, in which he that sat chief, in the place of Moses was called Praefectus, and Excellens; or Else in the less Council consisting of 23 which were in the smaller cities,
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Or these Officers might be those that attended at those Councels to be taught and instructed in their proceedings, (called, NONLATINALPHABET scholars of the wisemen) like young students at the law that come to hear the Judge's sentence in doubtfull and controverted cases,
Or these Officers might be those that attended At those Counsels to be taught and instructed in their proceedings, (called, Scholars of the Wise men) like young Students At the law that come to hear the Judge's sentence in doubtful and controverted cases,
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So Grotius upon the words, Ad pedes sedebant discipuli, ut ipso usu jus addiscerent, & in morientium aut decrepitorum locum surrogarentur, that so those who sat at their feet to learn the law, might be so skilfull therein that they might at length be made Heads or Governours.
So Grotius upon the words, Ad pedes sedebant Disciples, ut ipso usu jus addiscerent, & in morientium Or decrepitorum locum surrogarentur, that so those who sat At their feet to Learn the law, might be so skilful therein that they might At length be made Heads or Governors.
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Or perhaps these Officers were onely those that waited on those Courts, as preco 's or cryers, scribes or notaries; Ad•rant (as the fore-cited Authour adds) duo scribae, praecones totidem, &c. of which scribes or notaries, one stood at the right hand to write the sentence of absolution, and what was spoken in defence of the party,
Or perhaps these Officers were only those that waited on those Courts, as preco is or criers, Scribes or notaries; Ad•rant (as the forecited Author adds) duo Scribae, Praecones totidem, etc. of which Scribes or notaries, one stood At the right hand to write the sentence of absolution, and what was spoken in defence of the party,
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Or lastly, these Officers most probably were those that were in manner of Sheriffs, who were present to execute what the Judge determined, whence they carried up and down their staves and whips,
Or lastly, these Officers most probably were those that were in manner of Sheriffs, who were present to execute what the Judge determined, whence they carried up and down their staves and whips,
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as thou art in the way, give diligence that thou mayest be delivered from him, lest he hale thee to the Judge, and the Judge deliver thee to the Officer.
as thou art in the Way, give diligence that thou Mayest be Delivered from him, lest he hale thee to the Judge, and the Judge deliver thee to the Officer.
yet they agree as to their common aim and end, their design and institution, in promoting justice, and executing Judgement. These are the powers which are ordained of God, and are (as the Apostle speaks) his Ministers continually attending upon this very thing.
yet they agree as to their Common aim and end, their Design and Institution, in promoting Justice, and executing Judgement. These Are the Powers which Are ordained of God, and Are (as the Apostle speaks) his Ministers continually attending upon this very thing.
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and of such there are a generation in the world, impeaching Magistracy with the titles of tyranny and usurpation, and branding all justice with the names of cruelty and oppression; such there were in the Apostle 's time:
and of such there Are a generation in the world, impeaching Magistracy with the titles of tyranny and usurpation, and branding all Justice with the names of cruelty and oppression; such there were in the Apostle is time:
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and such 'tis to be feared, if we may guess by their practises, are too many amongst us at this day, whose principles (durst they so far vent themselves) would animate them not onely to pluck the sword of the Spirit, (the word of God) out of the mouthes of Ministers, but the sword of Justice too (had it not too sharp an edge for them) out of the hand of the Magistrate, that so their licentiousness might escape the punishment of the latter, as well as the reproof of the former. Thus it was with those famous (or rather infamous ) leading rebels, Corah, Dathan & Abiram, who set themselves up, not onely against Aaron the Priest, but against Moses the Magistrate, and thought both of them took too much upon them, to lift themselves above the congregation of the Lord, and therefore they both envied Aaron his Priesthood, and Moses his Authority, they would neither hear Aaron's bells,
and such it's to be feared, if we may guess by their practises, Are too many among us At this day, whose principles (durst they so Far vent themselves) would animate them not only to pluck the sword of the Spirit, (the word of God) out of the mouths of Ministers, but the sword of justice too (had it not too sharp an edge for them) out of the hand of the Magistrate, that so their licentiousness might escape the punishment of the latter, as well as the reproof of the former. Thus it was with those famous (or rather infamous) leading rebels, Corah, Dathan & Abiram, who Set themselves up, not only against Aaron the Priest, but against Moses the Magistrate, and Thought both of them took too much upon them, to lift themselves above the congregation of the Lord, and Therefore they both envied Aaron his Priesthood, and Moses his authority, they would neither hear Aaron's Bells',
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nor kiss Moses's rod, neither give ear to the one nor obedience to the other. But let these spurn at this authority in their pride, or reject it in their folly, yet it is the power of God, and the ordinance of God. Governours (says the Apostle) are sent by God; this is their commission;
nor kiss Moses's rod, neither give ear to the one nor Obedience to the other. But let these spurn At this Authority in their pride, or reject it in their folly, yet it is the power of God, and the Ordinance of God. Governors (Says the Apostle) Are sent by God; this is their commission;
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and who shall tax his obedience to that authority to be criminal or faulty? The divine providence hath not intrusted the Sword of Justice in every private man's hand;
and who shall Tax his Obedience to that Authority to be criminal or faulty? The divine providence hath not Entrusted the Sword of justice in every private Man's hand;
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and therefore God, who hath prohibited all private Christians (who are naturally partial in their own causes) to avenge themselves, hath authorized the publick Magistrate with his Commission to be the avenger of wrath,
and Therefore God, who hath prohibited all private Christians (who Are naturally partial in their own Causes) to avenge themselves, hath authorized the public Magistrate with his Commission to be the avenger of wrath,
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which is the second thing propounded. 2. Judicii executio, the execution of Judgement. The original word NONLATINALPHABET to Judge, signifies both jus dicere and exequi, to determine what's right,
which is the second thing propounded. 2. Judicii Execution, the execution of Judgement. The original word to Judge, signifies both jus dicere and exequi, to determine what's right,
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hence Judges were anciently called Cognitores, and cognoscere in approved Authours is as much as to do the office of a Judge, as Seneca, si judicas cognosce;
hence Judges were anciently called Cognitores, and cognoscere in approved Authors is as much as to do the office of a Judge, as Senecca, si Judicas cognosce;
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'tis a necessary qualification to be able to know the truth, that so in difficult and intricate cases covered with darkness and obscurity, perplexed with windings and turnings, overlaid with cunning and crafty conveyances, they may extricate and find out that which would otherwise be lost in a maze and labyrinth, set free and deliver that truth which otherwise would be shackled and imprisoned;
it's a necessary qualification to be able to know the truth, that so in difficult and intricate cases covered with darkness and obscurity, perplexed with windings and turnings, overlaid with cunning and crafty conveyances, they may extricate and find out that which would otherwise be lost in a maze and labyrinth, Set free and deliver that truth which otherwise would be shackled and imprisoned;
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and putting in cross interrogatories, and making queries, and raising doubts to overweigh and out-balance the craft and subtilty of those who of purpose involve the truth of things with falshoods and deceits;
and putting in cross interrogatories, and making queries, and raising doubts to overweigh and outbalance the craft and subtlety of those who of purpose involve the truth of things with falsehoods and Deceits;
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all which as they are necessary to a right determination, so they are onely subservient to a due execution; the other acts are lame and imperfect without this to compleat and finish them.
all which as they Are necessary to a right determination, so they Are only subservient to a due execution; the other acts Are lame and imperfect without this to complete and finish them.
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by execution the Judge breaths life into them, and is therefore called by the Philosopher NONLATINALPHABET, and by some of the Ancients NONLATINALPHABET, the living law;
by execution the Judge breathes life into them, and is Therefore called by the Philosopher, and by Some of the Ancients, the living law;
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not to bear it as a badge and ensigne of authority, but to draw it out as an instrument of justice and severity. Where there wants execution, there wants not transgression, impunity encourages to all iniquity, not to light slips onely,
not to bear it as a badge and ensign of Authority, but to draw it out as an Instrument of Justice and severity. Where there Wants execution, there Wants not Transgression, impunity encourages to all iniquity, not to Light slips only,
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but to gross enormities, so that according to the Rabinical proverb, NONLATINALPHABET transgressours need a Session-house, the laws suffice not to keep men in due bounds, the Judge must necessarily exert his power to execute the laws;
but to gross enormities, so that according to the Rabbinical proverb, transgressors need a Session-house, the laws suffice not to keep men in due bounds, the Judge must necessarily exert his power to execute the laws;
the guilt is devolved upon his head, who by punishing it in some should have prevented it in others. To which purpose is that story of Lewis King of France, who being at his devotions, was solicited by a Courtier to pardon a malefactour, that was found guilty of death, the King without any more ado, made a sign with his head, that he granted his suit;
the guilt is devolved upon his head, who by punishing it in Some should have prevented it in Others. To which purpose is that story of Lewis King of France, who being At his devotions, was solicited by a Courtier to pardon a Malefactor, that was found guilty of death, the King without any more ado, made a Signen with his head, that he granted his suit;
v. 3. he bid call him again to whom he had granted the pardon, and disanulled it with this memorable Apophthegm, viz. The Prince that can punish a fault,
v. 3. he bid call him again to whom he had granted the pardon, and Disannulled it with this memorable Apophthegm, viz. The Prince that can Punish a fault,
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According to which was the wise answer of a certain fool or Jester made to a King of the same land, who found fault with a Courtier that had begged pardon of him, saying that this was the third murder he had committed,
According to which was the wise answer of a certain fool or Jester made to a King of the same land, who found fault with a Courtier that had begged pardon of him, saying that this was the third murder he had committed,
It was his first pardon which promised him so much security, as encouraged him to commit the like enormity. Thus according to that principlein moral policy,
It was his First pardon which promised him so much security, as encouraged him to commit the like enormity. Thus according to that principlein moral policy,
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but that the laws are put in execution against the former, but scarce, or not at all against the latter, such a connivence at misdemeanours makes offendours,
but that the laws Are put in execution against the former, but scarce, or not At all against the latter, such a connivance At misdemeanours makes offenders,
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1. Positively, NONLATINALPHABET judicio justitiae, with the judgement of justice, summâ aequitate (as Vatablus ) or as the Syriac version may be rendred, that he may teach the people the judgement of equity.
1. Positively, Judicio justitiae, with the judgement of Justice, summâ aequitate (as Vatablus) or as the Syriac version may be rendered, that he may teach the people the judgement of equity.
The Romans had their fasces or bundle of rods with an axe in the midst to signifie the equity of the Magistrates in punishing some onely with a rod, others with an axe, the one for petty, the other for capital crimes;
The Romans had their fasces or bundle of rods with an axe in the midst to signify the equity of the Magistrates in punishing Some only with a rod, Others with an axe, the one for Petty, the other for capital crimes;
and the Poet in the Greek Epigram taught the silver axe of justice carried before the said Roman Magistrates to proclaim, NONLATINALPHABET NONLATINALPHABET
and the Poet in the Greek Epigram taught the silver axe of Justice carried before the said Roman Magistrates to proclaim,
When judgement is justly executed, there is no fear of punishment to the innocent, nor flattering hopes of escaping justice to the delinquent; when Judgement is thus laid to the line, and righteousness to the plummet, when every fact is laid to the rule of the law,
When judgement is justly executed, there is no Fear of punishment to the innocent, nor flattering hope's of escaping Justice to the delinquent; when Judgement is thus laid to the line, and righteousness to the plummet, when every fact is laid to the Rule of the law,
This is that, which is both the peoples safety, and the laws security, it is that which both conveys and entails a blessing upon a State or Nation; it is both columna & corona reipublicae, a prop to make it firm in it self, and a crown to render it glorious in the eyes of others; this is that which (as the Psalmist speaks) when the foundations of the earth are out of course, upholds the pillars of it;
This is that, which is both the peoples safety, and the laws security, it is that which both conveys and entails a blessing upon a State or nation; it is both columnam & corona reipublicae, a prop to make it firm in it self, and a crown to render it glorious in the eyes of Others; this is that which (as the Psalmist speaks) when the foundations of the earth Are out of course, upholds the pillars of it;
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Justice and Judgement are such inseparable adjuncts of the Throne and Nations happiness, that they who subvert and undermine the one, do thereby necessarily destroy and raze the very basis and foundation of the other, and there can be no greater enemies to a King or Kingdom, than those that by thus doing set themselves against both, nor scarce can there be any sadder symptoms of a declining and decaying nation,
justice and Judgement Are such inseparable adjuncts of the Throne and nations happiness, that they who subvert and undermine the one, do thereby necessarily destroy and raze the very basis and Foundation of the other, and there can be no greater enemies to a King or Kingdom, than those that by thus doing Set themselves against both, nor scarce can there be any sadder symptoms of a declining and decaying Nation,
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than when justice is thus obstructed, and Judgement is turned backward. No wonder therefore that Moses the King in Jesurun, strengthens his command concerning Judgement, with a threefold caution, that like a threefold cord it might not easily be broken, which is the Negative part of the injunction, Thou shalt not wrest Judgement,
than when Justice is thus obstructed, and Judgement is turned backward. No wonder Therefore that Moses the King in Jeshurun, strengthens his command Concerning Judgement, with a threefold caution, that like a threefold cord it might not Easily be broken, which is the Negative part of the injunction, Thou shalt not wrest Judgement,
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All which prohibitions were so necessary to be observed in Judgement, that, as Simeon de Muis notes from some of the Rabbins, when Solomon ascended the several steps of his Throne (mentionned, 1 Kings 10. 19.) there was a praeco or herald appointed to cry when he entred upon the first step NONLATINALPHABET Thou shalt not wrest Judgement;
All which prohibitions were so necessary to be observed in Judgement, that, as Simeon de Muis notes from Some of the Rabbis, when Solomon ascended the several steps of his Throne (mentioned, 1 Kings 10. 19.) there was a Praeco or herald appointed to cry when he entered upon the First step Thou shalt not wrest Judgement;
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when he ascended upon the second: NONLATINALPHABET Thou shalt not respect persons; when he ascended upon the third NONLATINALPHABET Thou shalt not take a gift.
when he ascended upon the second: Thou shalt not respect Persons; when he ascended upon the third Thou shalt not take a gift.
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so the vulgar Latine, nec in alteram partem declinent, NONLATINALPHABET (as the Chaldee paraphrase) thou shalt not pervert, or (according to the Syriac) thou shalt not bend Judgement,
so the Vulgar Latin, nec in Another partem declinent, (as the Chaldee Paraphrase) thou shalt not pervert, or (according to the Syriac) thou shalt not bend Judgement,
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nec prece, nec precio, as Lyra. Wresting of Judgement is here immediately opposed to just judgement, which seeing it is that which proceeds according to the standard of justice, viz. the law, which is the rule of right and wrong,
nec prece, nec precio, as Lyra. Wresting of Judgement is Here immediately opposed to just judgement, which seeing it is that which proceeds according to the standard of Justice, viz. the law, which is the Rule of right and wrong,
The Judge is the laws interpreter, he must not make it speak, but what it means, to do otherwise is to make it act a part of Jesuitism, to declare one thing, and by a mental reservation to understand another. Jus wrested is turned into vis, the letters transposed, and justice perverted;
The Judge is the laws interpreter, he must not make it speak, but what it means, to do otherwise is to make it act a part of Jesuitism, to declare one thing, and by a mental reservation to understand Another. Jus wrested is turned into vis, the letters transposed, and Justice perverted;
it makes it patronize that which it chiefly opposes and contradicts, and under a pretence of justice, to do the greater injustice more plausibly and securely.
it makes it patronise that which it chiefly opposes and contradicts, and under a pretence of Justice, to do the greater injustice more plausibly and securely.
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This was one of those great evils which Solomon saw under the sun, that in the place of judgement, wickedness was there, and in the place of righteousness that iniquity was there;
This was one of those great evils which Solomon saw under the sun, that in the place of judgement, wickedness was there, and in the place of righteousness that iniquity was there;
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This is so much the greater iniquity, by how much it shrowds it self more closely under the covert and pretext of equity: simulata aequitas, duplex iniquitas.
This is so much the greater iniquity, by how much it shrowds it self more closely under the covert and pretext of equity: Simulata aequitas, duplex iniquitas.
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This is to make the sword of Justice turn its edge, and do execution upon those whom it should protect and defend; it is to make the law instead of being an hedge of defence, become as so many thorns and briars to rend those whom it should preserve; it is to convert a medicine into poyson, to turn the rod into a serpent, to make that an instrument of cruelty, which is the rule of equity, and is so much the more intollerable, by how much it cuts off all the means and methods of redress.
This is to make the sword of justice turn its edge, and do execution upon those whom it should Pact and defend; it is to make the law instead of being an hedge of defence, become as so many thorns and briers to rend those whom it should preserve; it is to convert a medicine into poison, to turn the rod into a serpent, to make that an Instrument of cruelty, which is the Rule of equity, and is so much the more intolerable, by how much it cuts off all the means and methods of redress.
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NONLATINALPHABET the Scepter carrieth a kind of instruction with it, the straightness thereof should be a memento to shun crooked and perverted judgement:
the Sceptre Carrieth a kind of instruction with it, the straightness thereof should be a memento to shun crooked and perverted judgement:
to do thus is to make the Kings laws (like the Pope's Canons) plumbeas & cereas (as one speaks) waxen and leaden laws, to bend and bow this way or that,
to do thus is to make the Kings laws (like the Pope's Canonas) plumbeas & cereas (as one speaks) waxed and leaden laws, to bend and bow this Way or that,
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and (by perverting them besides or contrary to their genuine sence) to make them become guilty of the same soloecism with that of the Canonist, Statuimus, id est, abrogamus, we command this, that is, we do the contrary.
and (by perverting them beside or contrary to their genuine sense) to make them become guilty of the same solecism with that of the Canonist, Statuimus, id est, Abrogamus, we command this, that is, we do the contrary.
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or matter that's brought before them, as though a verdict had its name given by an Antiphrasis, like Diogenes his man, manes à manendo, because he would oft be running away;
or matter that's brought before them, as though a verdict had its name given by an Antiphrasis, like Diogenes his man, manes à manendo, Because he would oft be running away;
This is done too by those, whose profession they think obliges, or at least allows them to make the best they can of their Clients, and the worst of their adversaries cause, against whom upon some plausible pretence they usually run descant at pleasure, perverting what is said or done, either to make their matters ill when they are not,
This is done too by those, whose profession they think obliges, or At least allows them to make the best they can of their Clients, and the worst of their Adversaries cause, against whom upon Some plausible pretence they usually run descant At pleasure, perverting what is said or done, either to make their matters ill when they Are not,
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and thus nimium altercando, they are like that Rhetorician that could mirificè res exiguas verbis amplificare, wonderfully amplifie small matters with great words,
and thus Nimium altercando, they Are like that Rhetorician that could mirificè Rest exiguas verbis amplificare, wonderfully amplify small matters with great words,
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and volubility of tongue NONLATINALPHABET, to make the worse side the better, yet a good Oratour as well as good man (which Cicero joyns together, vir bonus dicendi peritus ) should make use of both the one and the other, to decry injustice and defend equity, to protect innocency and crush oppression, to detect fraud and advance truth, to succour the distressed and help them to right that suffer wrong.
and volubility of tongue, to make the Worse side the better, yet a good Orator as well as good man (which Cicero joins together, vir bonus dicendi Peritus) should make use of both the one and the other, to decry injustice and defend equity, to Pact innocency and crush oppression, to detect fraud and advance truth, to succour the distressed and help them to right that suffer wrong.
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They that make use of their rhetorick or eloquence, reasons or arguments for or against any person should not be as the Roman Advocates (of whom St. Bern. complains, Hi sunt qui docuerunt linguam suam grandia loqui, &c. these are they that have taught their tongues to speak lies, nimble-tongued against righteousness, skilfull to defend falshood, wise to do evil, eloquent to oppose the truth) but rather be as St. Paul, able to do nothing against, but for the truth.
They that make use of their rhetoric or eloquence, Reasons or Arguments for or against any person should not be as the Roman Advocates (of whom Saint Bern. complains, Him sunt qui docuerunt Linguam suam Grandia loqui, etc. these Are they that have taught their tongues to speak lies, nimble-tongued against righteousness, skilful to defend falsehood, wise to do evil, eloquent to oppose the truth) but rather be as Saint Paul, able to do nothing against, but for the truth.
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though respect of persons is due in offices of humanity, and overtures of love, yet in the Gate, in the seat of Judicature, NONLATINALPHABET Thou shalt not acknowledge; or (as the Syriac version) thou shalt not honour faces.
though respect of Persons is due in Offices of humanity, and overtures of love, yet in the Gate, in the seat of Judicature, Thou shalt not acknowledge; or (as the Syriac version) thou shalt not honour faces.
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The Greeks usually render it by NONLATINALPHABET, which word non personam significat sed personae attributa, & circumstantias, it is properly verbum forense, & de judicibus propriè praedicatur, as Zanchy. Respecting persons is a sin incident to those who are conversant about matters of judicature and transactions of law, and ('tis to be feared) is as frequently practised, as 'tis seldom rightly understood; When Jurours consider not so much the cause, as the persons betwixt whom it is depending,
The Greeks usually render it by, which word non Personam significat sed personae Attributa, & circumstantias, it is properly verbum forense, & de judicibus propriè praedicatur, as Zanchy. Respecting Persons is a since incident to those who Are conversant about matters of judicature and transactions of law, and (it's to be feared) is as frequently practised, as it's seldom rightly understood; When Jurors Consider not so much the cause, as the Persons betwixt whom it is depending,
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when respect to the latter sways more than equity in the former; when the verdict speaks the language of their affection, not of their judgement, and is the result of their malice or prejudice, not of their knowledge or Conscience. When the authority of the Foreman (whom the rest usually follow as sheep) or the awe of some great person, or interest of some relation,
when respect to the latter sways more than equity in the former; when the verdict speaks the language of their affection, not of their judgement, and is the result of their malice or prejudice, not of their knowledge or Conscience. When the Authority of the Foreman (whom the rest usually follow as sheep) or the awe of Some great person, or Interest of Some Relation,
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or suggestion from some friend, or consciousness of self-guilt, or hopes of favour in the like case, prevails with any of them more than the justness and merits of the cause it self.
or suggestion from Some friend, or consciousness of self-guilt, or hope's of favour in the like case, prevails with any of them more than the justness and merits of the cause it self.
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or bear ill will to, and maligne others, making their love or hatred a rule of their evidence, rather then the obligation of their oaths, or sense of duty.
or bear ill will to, and malign Others, making their love or hatred a Rule of their evidence, rather then the obligation of their Oaths, or sense of duty.
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When an Advocate or pleader argues the cause of the indigent faintly and coldly, but that of the rich with a great deal of zeal and ardour; when the one is narrowly and strictly examined, the other sleightly and perfunctorily passed over:
When an Advocate or pleader argues the cause of the indigent faintly and coldly, but that of the rich with a great deal of zeal and ardour; when the one is narrowly and strictly examined, the other slightly and perfunctorily passed over:
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When by him that passes sentence, a cause is weighed in the balance not of equity, but of favour and affection; when the person commends the cause, not the cause the person, like that of Caesar, Causa Cassii melior, sed Bruto nil denegare possum;
When by him that passes sentence, a cause is weighed in the balance not of equity, but of favour and affection; when the person commends the cause, not the cause the person, like that of Caesar, Causa Cassii melior, sed Bruto nil denegare possum;
so that the respect and reverence which is due to right and equity, is given to the rich and mighty, and laws hereby (as Zeleucus, or Anacharsis complained of old) become like cobwebs, wherein the smaller flies are caught, but great ones are not ensnared by them;
so that the respect and Reverence which is due to right and equity, is given to the rich and mighty, and laws hereby (as Zeleucus, or Anacharsis complained of old) become like cobwebs, wherein the smaller flies Are caught, but great ones Are not Ensnared by them;
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Exuat (says the Oratour) personam Judicis, qui induit amici, which likewise was the apophthegme of Pericles an eminent Judge and Chieftain in Athens, that when he put on him the person of a Judge, he put off the person of a friend: the affection of a friend suits not the function of a Judge; hence was that renowned act of Brutus, who condemned his two sons to be executed for conspiring with Tarquin's Embassadours against the Common wealth, sacrificing their lives for the preservation of that justice which was more dear unto him,
Exult (Says the Orator) Personam Judges, qui induit Friends, which likewise was the apophthegm of Pericles an eminent Judge and Chieftain in Athens, that when he put on him the person of a Judge, he put off the person of a friend: the affection of a friend suits not the function of a Judge; hence was that renowned act of Brutus, who condemned his two Sons to be executed for conspiring with Tarquin's ambassadors against the Common wealth, sacrificing their lives for the preservation of that Justice which was more dear unto him,
whilst scarce any office or place is to be had without Judas his question, what will ye give? We have not onely of old had the Pope 's ridiculous merchandise, sale of pardons; and of late the Poet's venales manus, sale hands,
while scarce any office or place is to be had without Judas his question, what will you give? We have not only of old had the Pope is ridiculous merchandise, sale of Pardons; and of late the Poet's Venales manus, sale hands,
or mercenary souldiers; and still sale Churches, by those who are rather the Plagues, than Patrons thereof, selling their own and the people's souls for Balaam 's reward;
or mercenary Soldiers; and still sale Churches, by those who Are rather the Plagues, than Patrons thereof, selling their own and the people's Souls for balaam is reward;
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but venalem Justitiam, sale justice, (or rather injustice under that name) by those that are NONLATINALPHABET, or NONLATINALPHABET, enhansers of fees, bribe-eaters or ravenous devourers of gifts, who hasten to the Tribunal as Dramoclidas & Stratocles in the Historian, tanquam ad messem auream, as to a golden harvest, hoping for such Clients that shall come to them, as Jupiter came into Danae 's lap, per impluvium in a shower of gold,
but venalem Justitiam, sale Justice, (or rather injustice under that name) by those that Are, or, enhansers of fees, bribe-eaters or ravenous devourers of Gifts, who hasten to the Tribunal as Dramoclidas & Stratocles in the Historian, tanquam ad messem Auream, as to a golden harvest, hoping for such Clients that shall come to them, as Jupiter Come into Danae is lap, per impluvium in a shower of gold,
insomuch as it is made a note of a generous and heroick mind to receive great gifts, and not stoop unto any mean or sordid prey; and it's counted a badge of folly,
insomuch as it is made a note of a generous and heroic mind to receive great Gifts, and not stoop unto any mean or sordid prey; and it's counted a badge of folly,
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because he knew him to be an honest and just man, then, said he, I would entreat your master, that he would suffer me to continue in my honesty and justice;
Because he knew him to be an honest and just man, then, said he, I would entreat your master, that he would suffer me to continue in my honesty and Justice;
which when they are entertained, the receivers of them are so far animated, as they will adventure upon any villany, suborn witnesses, distort justice, oppress the innocent, devour widows and orphans, betray their friends, enervate God's laws,
which when they Are entertained, the Receivers of them Are so Far animated, as they will adventure upon any villainy, suborn Witnesses, distorted Justice, oppress the innocent, devour Widows and orphans, betray their Friends, enervate God's laws,
This is more dangerous in its enterprises, more successfull in its event, more pernicious in its practises, more bewitching in its allurements, more secret in its workings,
This is more dangerous in its enterprises, more successful in its event, more pernicious in its practises, more bewitching in its allurements, more secret in its workings,
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when the law should give sentence, if there be bos in lingua, it stops its mouth; so the wise son of Sirach, Presents and gifts blind the eyes of the wise,
when the law should give sentence, if there be bos in lingua, it stops its Mouth; so the wise son of Sirach, Presents and Gifts blind the eyes of the wise,
The Ancients painted justice, peplo oculis obducto, with a veil drawn over her eyes to signifie that no partiality by bribes, or other means should be admitted in the administration of justice;
The Ancients painted Justice, peplo oculis obducto, with a veil drawn over her eyes to signify that no partiality by Bribes, or other means should be admitted in the administration of Justice;
and the Statues of the Judges in Egypt were without hands, and with their eye lids closed, against those two soloecisms, respecting persons, and taking gifts:
and the Statues of the Judges in Egypt were without hands, and with their eye lids closed, against those two solecisms, respecting Persons, and taking Gifts:
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and his house, if he transgressed in either; to prevent both which was Jethro 's direction to Moses, to choose out for Judges those that were men fearing God, and hating covetousness;
and his house, if he transgressed in either; to prevent both which was Jethro is direction to Moses, to choose out for Judges those that were men fearing God, and hating covetousness;
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fearing God, that they might not respect the persons of men, and hating covetousness, that they might not receive a gift, which as it does blind the eyes of the wise, so
fearing God, that they might not respect the Persons of men, and hating covetousness, that they might not receive a gift, which as it does blind the eyes of the wise, so
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Secondly, It perverts the words of the righteous, verbainnocentium, or justorum (as some) Causas justas (as others) verbarecta NONLATINALPHABET (as the Chaldee paraphrase) right words,
Secondly, It perverts the words of the righteous, verbainnocentium, or Justorum (as Some) Causas Justas (as Others) verbarecta (as the Chaldee Paraphrase) right words,
that shall palliate and smooth over any cause, though he speaks against his own and the judgement of the law, which is venalis Advocatorum perfidia; (as was sometimes said of the Roman Advocates) such being like the Oracle of Delphos, whereof Demosthenes complained in his time, that it did speak nothing,
that shall palliate and smooth over any cause, though he speaks against his own and the judgement of the law, which is venalis Advocatorum perfidia; (as was sometime said of the Roman Advocates) such being like the Oracle of Delphos, whereof Demosthenes complained in his time, that it did speak nothing,
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It perverts the words of the Jurours, who often weigh out their sentence proportionable to the gift that's received, with whom the greatest evidence often times is not half so convincing as a secret gift; a bribe shall be more perswasive than all the evidentest testimony that can be brought;
It perverts the words of the Jurors, who often weigh out their sentence proportionable to the gift that's received, with whom the greatest evidence often times is not half so convincing as a secret gift; a bribe shall be more persuasive than all the evidentest testimony that can be brought;
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their mouthes will be open for him, whose hand is so towards them, and that cause shall be best, which brings the best reward with it; Ibifas est, ubi maxima merces.
their mouths will be open for him, whose hand is so towards them, and that cause shall be best, which brings the best reward with it; Ibifas est, ubi maxima merces.
Lastly, It perverts the words of the witness, who will swear or forswear at what rate his briber will have him, who regards not so much what Oath, as what gift he hath taken, for which either Naboth 's blasphemy,
Lastly, It perverts the words of the witness, who will swear or forswear At what rate his briber will have him, who regards not so much what Oath, as what gift he hath taken, for which either Naboth is blasphemy,
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like knights of the post that make a jest and sport of an Oath, a play and pastime of a deposition, that will exchange a testimony (which is verborum munus as some paraphrase upon the words) with a brother of the same fraternity,
like Knights of the post that make a jest and sport of an Oath, a play and pastime of a deposition, that will exchange a testimony (which is verborum munus as Some Paraphrase upon the words) with a brother of the same fraternity,
they invert the nature and order of justice and equity, they make a sinner just, and a just man a sinner, they take away (as the Prophet speaks) the righteousness of the righteous man from him, not considering that God shall come in vengeance as a swift witness against them;
they invert the nature and order of Justice and equity, they make a sinner just, and a just man a sinner, they take away (as the Prophet speaks) the righteousness of the righteous man from him, not considering that God shall come in vengeance as a swift witness against them;
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And now seeing there are so many corruptions of Judgement, and so many hands through which justice must necessarily pass, every one of which are ready to receive gifts, and thereby to respect persons, and so to wrest Judgement (the latter of which Solomon makes the consequent of the former, A wicked man taketh a gift out of the bosom to pervert the ways of Judgement ) it is no wonder if a good cause hath not always the happiness to succeed well, nor is seconded with an event proportionable to its equity. If thou seest (says the same Solomen) the oppression of the poor, and violent perverting of judgement and justice in a province, marvel not at the matter;
And now seeing there Are so many corruptions of Judgement, and so many hands through which Justice must necessarily pass, every one of which Are ready to receive Gifts, and thereby to respect Persons, and so to wrest Judgement (the latter of which Solomon makes the consequent of the former, A wicked man Takes a gift out of the bosom to pervert the ways of Judgement) it is no wonder if a good cause hath not always the happiness to succeed well, nor is seconded with an event proportionable to its equity. If thou See (Says the same Solomon) the oppression of the poor, and violent perverting of judgement and Justice in a province, marvel not At the matter;
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Wherefore let all that have any hand in the administration of justice, consider (as the Psalmist speaks) that God standeth in the Congregation of the mighty, and that he judgeth among the Gods;
Wherefore let all that have any hand in the administration of Justice, Consider (as the Psalmist speaks) that God Stands in the Congregation of the mighty, and that he Judgeth among the God's;
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let them bear in mind that great account they must e're long make unto him, and remember that a day is coming, wherein all (both small and great) must appear before the Judgement seat of Christ, and with what judgement they here judge others, themselves must then be judged, and with what measure they mete to others, it shall then be measured to them again.
let them bear in mind that great account they must ever long make unto him, and Remember that a day is coming, wherein all (both small and great) must appear before the Judgement seat of christ, and with what judgement they Here judge Others, themselves must then be judged, and with what measure they meet to Others, it shall then be measured to them again.
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And if the consideration of that future Judgement will not deter men from acting injustice, the immediate address, next under God, must be to your Lordship ' s wisdom, and integrity, to regulate and over-rule,
And if the consideration of that future Judgement will not deter men from acting injustice, the immediate address, next under God, must be to your Lordship ' s Wisdom, and integrity, to regulate and overrule,
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Item Executores Graecis NONLATINALPHABET ▪ saepè NONLATINALPHABET coactores. Latè se diffundebat eorum munus, ut non tantum ad causas injudicio decisas spectaret, sed magistratûs nomine alia populo intimarent, Jos. 1. 10, 11. v. Crit. M. P.
Item Executores Graecis ▪ saepè coactores. Latè se diffundebat Their munus, ut non Tantum ad causas injudicio decisas spectaret, sed magistratûs nomine Alias populo intimarent, Jos. 1. 10, 11. v. Crit. M. P.
The famous Oratour Pericles (when Advocate in Greece ) from the principles of nature, ever before he pleaded a cause, entreated his gods that not a wo•d should fall from him besides his cause.
The famous Orator Pericles (when Advocate in Greece) from the principles of nature, ever before he pleaded a cause, entreated his God's that not a wo•d should fallen from him beside his cause.
Neque in mala causa ne { que } in bona fieri debet, de mala vix quisquam dubitat. Qui autem bonam habet causam, & sibi injuriam facit & judici si munus offerat. Rivet. in Exod. c. 23.
Neque in mala causa ne { que } in Bona fieri debet, de mala vix quisquam dubitat. Qui autem Good habet Causam, & sibi Injuriam facit & judici si munus offerat. Rivet. in Exod c. 23.
Eò etiam sacra illa sames nonnul•os adigit, vt patriae preditores fiant, ut Philippu•. Macedo non tam armis quàm auro libertatem Graeciae expugnavit. Diffidit urbium portas vir Macedo, & subruit aemulos Reges muneribus: munera nav•ium Savos illaqueant duc•. Horat. l. 3.
Eò etiam sacra illa sames nonnul•os adigit, vt patriae preditores fiant, ut Philippu•. Macedo non tam armis quàm auro libertatem Graeciae expugnavit. Diffidit urbium portas vir Macedo, & subruit aemulos Reges muneribus: Munera nav•ium Savos illaqueant duc•. Horatio l. 3.
Cambyses Persarum Rex Sesamen unum ex Judicibus, quòd injustè ob pecuniam judicâss•t, interemit, & interempto detractum corium in lora cons•idit, quibus tribunal in quo deinceps sedens judicaret, operuit, ili { que } filium ejus Otanem sedere judicem praecepit, atque in memoria habere ex quo tribunali judicaret.
Cambyses Parsarum Rex Sesamen Unum ex Judicibus, quòd injustè ob pecuniam judicâss•t, interemit, & interempto detractum corium in lora cons•idit, quibus tribunal in quo deinceps sedens judicaret, operuit, Eli { que } Son His Otanem Sedere Judicem praecepit, atque in memoria habere ex quo tribunali judicaret.
The Kings of England also when they put the sword of Justice into the Judges hand, speak the same words in effect, and the Judges solemnly protest and swear, that they will use the same sword indifferently between the King and the subject. So it was the saying of Trajan the Emperour, Hunc tibi trado gladium, ut pro me utaris cum justa facio, contra me verò utaris si injusta facio. And the Egyptian Kings presented this Oath to their Judges, not to swerve from their consciences though they should receive a command from themselves to the contrary.
The Kings of England also when they put the sword of justice into the Judges hand, speak the same words in Effect, and the Judges solemnly protest and swear, that they will use the same sword indifferently between the King and the Subject. So it was the saying of Trajan the Emperor, Hunc tibi Trade Gladium, ut Pro me utaris cum Justa facio, contra me verò utaris si Unjust facio. And the Egyptian Kings presented this Oath to their Judges, not to swerve from their Consciences though they should receive a command from themselves to the contrary.
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