The jus divinum of government; or Magistracy proved to be God's ordinance, and justice the magistrates duty. In a plain sermon preached before the judges of assize at East-Grinstead in the County of Sussex. By Zacheus Mountagu.
deservedly culpable was the Idolatrous Courtship of the pagan world, who because truth her self cals Rulers Gods, were content to aequivocate from the similitude to the essence,
deservedly culpable was the Idolatrous Courtship of the pagan world, who Because truth her self calls Rulers God's, were content to aequivocate from the similitude to the essence,
Now what Universall causes are in nature, that should Governours be in policie, they should impartially lay out themselves for the Common good of all who have their interest in or dependances upon them.
Now what Universal Causes Are in nature, that should Governors be in policy, they should impartially lay out themselves for the Common good of all who have their Interest in or dependences upon them.
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The Jewish Targum tels us, how that it was the ancient mode, and solemn wont of the Hebrewes, at the birth of their Princes Children, to plant Trees, which they reputed sacred,
The Jewish Targum tells us, how that it was the ancient mode, and solemn wont of the Hebrews, At the birth of their Princes Children, to plant Trees, which they reputed sacred,
And what could be the morall of this practice, but to teach thei Rulers, that like fruitful and spreading Trees, they ought to yield both shade and shelter to the people,
And what could be the moral of this practice, but to teach they Rulers, that like fruitful and spreading Trees, they ought to yield both shade and shelter to the people,
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and feed them with their fruits, and secure them with their protections, and that leading quiet and peaceable lives in all godlinesse and honesty, they might be safe under their Covert? This is indeed that wherein consists the preheminency of Magistrates and Judges, above the lowest of the people, this is indeed that wherein especially they have the advantage,
and feed them with their fruits, and secure them with their protections, and that leading quiet and peaceable lives in all godliness and honesty, they might be safe under their Covert? This is indeed that wherein consists the Preeminence of Magistrates and Judges, above the lowest of the people, this is indeed that wherein especially they have the advantage,
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and whereby they hold the title of gods, because they have both capacity and opportunity to do more good then others, they have power to succour the distressed, to relieve the the injured,
and whereby they hold the title of God's, Because they have both capacity and opportunity to do more good then Others, they have power to succour the distressed, to relieve the the injured,
Thus much the Heathens were convinced of, when one of their owne Poets bespeaks the Emperour thus, Hoc tecum Commune Deis, quod utrique rogati Supplicibus vestris ferre soletis opem.
Thus much the heathens were convinced of, when one of their own Poets bespeaks the Emperor thus, Hoc tecum Commune Deis, quod utrique rogati Supplicibus vestris Far soletis opem.
Amongst the many ceremonies that in elder times were wont to be used at the installment or inauguration of Princes and Magistrates, this was a chief, they were lifted up upon bucklers in the day of their Consecration,
among the many ceremonies that in elder times were wont to be used At the installment or inauguration of Princes and Magistrates, this was a chief, they were lifted up upon bucklers in the day of their Consecration,
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but he would assigne this, because they who did first win them, and weare them, they interposed their own bodies as a shield to bear off those fatall blowes that would otherwise have lighted upon the bodies of the People,
but he would assign this, Because they who did First win them, and wear them, they interposed their own bodies as a shield to bear off those fatal blows that would otherwise have lighted upon the bodies of the People,
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Now what else is a shield, but a kinde of partition-wall between a man and something that would hurt him? Valere ad nocendum, may well be the Tyrants motto,
Now what Else is a shield, but a kind of partition-wall between a man and something that would hurt him? Valere ad nocendum, may well be the Tyrants motto,
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Never was any Ensigne of Magistracy better inscribed, then was that of Elius Adrianus the noble Trajanes successour, who gave for his device that best of mottoes.
Never was any Ensign of Magistracy better inscribed, then was that of Elius Adrianus the noble Trajanes successor, who gave for his device that best of mottoes.
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And so much seems imployed in the practice of Romulus, who when he first founded the Roman Monarchie which was integrated and composed of divers people, which made a voluntarie tender and free submission of themselves to him, He expressely enacted, that every one should present him with some of the earth,
And so much seems employed in the practice of Romulus, who when he First founded the Roman Monarchy which was integrated and composed of diverse people, which made a voluntary tender and free submission of themselves to him, He expressly enacted, that every one should present him with Some of the earth,
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and fruits of his own Country, which when he had amassed together, he interr'd it all in a great pit, which he called the (Word) Intending by this ceremonie to let us know, that dominion or Royaltie is nothing else but a heap of Wills, of Powers,
and fruits of his own Country, which when he had amassed together, he interred it all in a great pit, which he called the (Word) Intending by this ceremony to let us know, that dominion or Royalty is nothing Else but a heap of Wills, of Powers,
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Good Magistrates they gave more to the people, then they take from them, and the good of a good Governour is so great, that to this day the subtilest and the wisest of the Schoolmen have not been able to determine it,
Good Magistrates they gave more to the people, then they take from them, and the good of a good Governor is so great, that to this day the subtlest and the Wisest of the Schoolmen have not been able to determine it,
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Unity is the ground of perfection and perpetuity, and what else is order, but unity, brancht out into all the parts of Consociate bodies, to keep them intire and perfect.
Unity is the ground of perfection and perpetuity, and what Else is order, but unity, branched out into all the parts of Consociate bodies, to keep them entire and perfect.
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and all things are put into the hands of might and force, and are acted according to the impulses of disordered affections, tumultuous passions and bruitish lusts, Religion, Reason, Law, Justice being all Exiled and out-lawed.
and all things Are put into the hands of might and force, and Are acted according to the impulses of disordered affections, tumultuous passion and brutish Lustiest, Religion, Reason, Law, justice being all Exiled and outlawed.
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For commonly, Omnia cùm licent, non licet esse pium, an hour it were time much too short, to speak of the numerous evils of anarchie or State ataxies (were they my proper theam,) I must confesse, I never saw them more exactly lim'd,
For commonly, Omnia cùm licent, non licet esse pium, an hour it were time much too short, to speak of the numerous evils of anarchy or State ataxies (were they my proper theam,) I must confess, I never saw them more exactly limed,
nor set out more to the life, by any pen or pencill, then by that Curious one of Causinus (the Chrysostom of France ) who in his draught of Babylon, or the City of wicked policie, pourtrayes it thus;
nor Set out more to the life, by any pen or pencil, then by that Curious one of Causinus (the Chrysostom of France) who in his draught of Babylon, or the city of wicked policy, portrays it thus;
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and the impetuous blasts and gusts of furious tempests, rending and tearing all in pieces, the very water infected and the malignity of the air killing all that breathed in it,
and the impetuous blasts and gusts of furious tempests, rending and tearing all in Pieces, the very water infected and the malignity of the air killing all that breathed in it,
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and the inhabitants such men, as had little else of man in them, but only shape and skin, having no other neighbourhood but Wolves, and Foxes, Panthers, and Tygers, Ravens on their houses, Comets over their heads, Scorpious at their feet:
and the inhabitants such men, as had little Else of man in them, but only shape and skin, having no other neighbourhood but Wolves, and Foxes, Panthers, and Tigers, Ravens on their houses, Comets over their Heads, Scorpius At their feet:
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and now surely he that shall but seriously view and contemplate this lively Picture of an anarchicall State, not only in these broken parts of it, I have now presented you with,
and now surely he that shall but seriously view and contemplate this lively Picture of an anarchical State, not only in these broken parts of it, I have now presented you with,
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and the Heavens perpetually smiling, for the Sun is in Libra, and all things are transacted as the dayes and nights in the equinoctial, the waters are good, the seasons temperate, the winds calm, the ground fertile, the abode delightful,
and the Heavens perpetually smiling, for the Sun is in Libra, and all things Are transacted as the days and nights in the Equinoctial, the waters Are good, the seasons temperate, the winds Cam, the ground fertile, the Abided delightful,
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the temples many, and large, decent and glorious, the Altars loaden with pure oblations, and smoking with Clouds of acceptable incense, the Priests Solemn, diligent,
the Temples many, and large, decent and glorious, the Altars loaded with pure Oblations, and smoking with Clouds of acceptable incense, the Priests Solemn, diligent,
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and devout, The Senatours aged and Sacred, speaking like Oracles, and living like Angels, and being safe, sine militis usu, every thing keeping its order, proportion, weight, time, place,
and devout, The Senators aged and Sacred, speaking like Oracles, and living like Angels, and being safe, sine Militis usu, every thing keeping its order, proportion, weight, time, place,
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when first the great Architect set all things right, and wrote over them the motto of (good;) nothing altered by heresie either in Doctrine or manners, nothing of complaint, murmure, quarrell, tumult,
when First the great Architect Set all things right, and wrote over them the motto of (good;) nothing altered by heresy either in Doctrine or manners, nothing of complaint, murmur, quarrel, tumult,
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or war, but all's as husht and peaceable as the Halcyons nest which stills the tempests and sliks and calmes the brow of Heaven, where all the Citizens entertaine one another like fingers on the hand, every one taking part with the good of his fellow, being all great in the obedience they render to the law, being all rich in the contenment of their desires,
or war, but all's as hushed and peaceable as the Halcyons nest which stills the tempests and sliks and calms the brow of Heaven, where all the Citizens entertain one Another like fingers on the hand, every one taking part with the good of his fellow, being all great in the Obedience they render to the law, being all rich in the contentment of their Desires,
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or the choice and delicate pens of antiquity, have either conceited or written, of the Elysian fields, of the fortunate Islands, of the felicities of a golden age, of the vertues and ornaments of an Agathopolis, (which was drest as rich as the Ideaes of the divine Plato could make it) why all these do but help to piece out that traine of blessings that follow a good government.
or the choice and delicate pens of antiquity, have either conceited or written, of the Elysian fields, of the fortunate Islands, of the felicities of a golden age, of the Virtues and Ornament of an Agathopolis, (which was dressed as rich as the Idea's of the divine Plato could make it) why all these do but help to piece out that train of blessings that follow a good government.
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and whose vigilant eyes are the constant centinels of the peoples safety, and whose steady hands have learned to hold the seales of justice try and even,
and whose vigilant eyes Are the constant centinels of the peoples safety, and whose steady hands have learned to hold the Seals of Justice try and even,
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and not persons, that are Melchisedeck - like, without father or mother, that hate to pay private wrongs with the advantage of their office, that have so well got the rule over themselves, that their passions do not unfit them to rule over others, that look straight forward in a right line upon equity, without glancing aside upon revenge, displeasure, or recompence;
and not Persons, that Are Melchisedeck - like, without father or mother, that hate to pay private wrongs with the advantage of their office, that have so well god the Rule over themselves, that their passion do not unfit them to Rule over Others, that look straight forward in a right line upon equity, without glancing aside upon revenge, displeasure, or recompense;
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& take heed of bos in lingua, that in that cause bestow diligence in sifting, where the right is difficult in finding, that love to have truth come naked to the bar without false bodies and disguises, that neither make briars nor springes of the laws to catch every thing they lay hold of, that neither crook nor bow the laws, by hard constructions and strained inferences,
& take heed of bos in lingua, that in that cause bestow diligence in sifting, where the right is difficult in finding, that love to have truth come naked to the bar without false bodies and disguises, that neither make briers nor springs of the laws to catch every thing they lay hold of, that neither crook nor bow the laws, by hard constructions and strained inferences,
but straiten them by just expositions, and if they seem to be antiquated, or obsolete, wipe off their dust by a judicious clearing, that never browbeat a Witnesse or look an Evidence damp,
but straiten them by just expositions, and if they seem to be antiquated, or obsolete, wipe off their dust by a judicious clearing, that never browbeat a Witness or look an Evidence damp,
or as one cals them, the comets of the guilty, the refuge of innocency, the paymasters of good deserts, the Champions of right, the patrons of peace, the supporters of the Church,
or as one calls them, the Comets of the guilty, the refuge of innocency, the paymasters of good deserts, the Champions of right, the Patrons of peace, the supporters of the Church,
for so you see runs the Writ of election in my Text. Judges and Officers shalt thou make thee in all thy gates, which the Lord thy God giveth thee throughout thy Tribes:
for so you see runs the Writ of election in my Text. Judges and Officers shalt thou make thee in all thy gates, which the Lord thy God gives thee throughout thy Tribes:
or in this Theocratia or Government of Gods own setting up; There is considerable, First, The Honour. Secondly, The Office. First, The Dignity. Secondly, The Duty.
or in this Theocratia or Government of God's own setting up; There is considerable, First, The Honour. Secondly, The Office. First, The Dignity. Secondly, The Duty.
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In singulis portis tuis, quas Jehovah Deus tuus, dat tibi, per tribus tuas ] Judges and Officers shalt thou make thee in all thy gates, which the Lord thy God giveth thee throughout thy tribes.
In Singulis portis tuis, quas Jehovah Deus Thy, that tibi, per tribus tuas ] Judges and Officers shalt thou make thee in all thy gates, which the Lord thy God gives thee throughout thy tribes.
Fifthly and lastly, Here is the duty of these Judges, in the concluding words of the text, Qui judicent populum judicio justo ] Judges and Officers shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy tribes:
Fifthly and lastly, Here is the duty of these Judges, in the concluding words of the text, Qui judicent Populum Judicio Justo ] Judges and Officers shalt thou make thee in all thy gates which the Lord thy God gives thee throughout thy tribes:
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First then, I will begin with the (constituito) of the Text, Thou shalt make. ] 'Tis Gods mandamus to his own Israel. Inde potestas, unde & spiritus, so saies Tertullian. And an ancienter then he, Cuius jussu homines, ejus jussu Reges, so Irenaeus. And an ancienter then either of them, The powers that are are ordained of God, so Saint Paul, Rom. 13.1. Anarchy is the peoples phrensie, but Magistracie the Ordinance of the Almighty.
First then, I will begin with the (constituito) of the Text, Thou shalt make. ] It's God's mandamus to his own Israel. Inde potestas, unde & spiritus, so Says Tertullian. And an ancienter then he, Cuius jussu homines, His jussu Reges, so Irnaeus. And an ancienter then either of them, The Powers that Are Are ordained of God, so Saint Paul, Rom. 13.1. Anarchy is the peoples frenzy, but Magistracy the Ordinance of the Almighty.
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How short lived was this primitive state? Plus quam veri-simile est, &c. saies the Learned Ʋsher, 'Tis more then probable, that the first day that Adam possest his Paradise, he was forc't to quit it;
How short lived was this primitive state? Plus quam verisimile est, etc. Says the Learned Ʋsher, It's more then probable, that the First day that Adam possessed his Paradise, he was forced to quit it;
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So that what is said of the original of Laws, holds true of powers, Ex malis moribus, bonae leges nascuntur, so Ex naturae vitiis bonae potestates, As good Laws have their original from bad manners,
So that what is said of the original of Laws, holds true of Powers, Ex malis moribus, bonae leges nascuntur, so Ex naturae Vitiis bonae potestates, As good Laws have their original from bad manners,
and this kinde of Government continued after the death of Methuselah, for we reade of him, that NONLATINALPHABET, that he passed over his Principality to Lamech his sonne.
and this kind of Government continued After the death of Methuselah, for we read of him, that, that he passed over his Principality to Lamech his son.
and by their farre dispersed habitation, why then other forms of Government succeeded, for men falling among themselves to doe wrong and violence, they saw it necessary to set up some Authority, that might restrain by force and punishment, what was committed against peace and common right,
and by their Far dispersed habitation, why then other forms of Government succeeded, for men falling among themselves to do wrong and violence, they saw it necessary to Set up Some authority, that might restrain by force and punishment, what was committed against peace and Common right,
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and unitedly in them all, they for ease, and for order, and that each man might not be his own partial Judge, agreed to transferre and delegate it, either to one whom for eminence of wisdom and integrity, they preferred above the rest,
and unitedly in them all, they for ease, and for order, and that each man might not be his own partial Judge, agreed to transfer and delegate it, either to one whom for eminence of Wisdom and integrity, they preferred above the rest,
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but ordinarily God cals mediately, by committing it to the people to elect; both the form of Government, and the Persons that are to sway it over them;
but ordinarily God calls mediately, by committing it to the people to elect; both the from of Government, and the Persons that Are to sway it over them;
and of this nature is the (Constituito) in the Text. And thus from the charge I should have came in the next place, to the stile or title [ Judices & Moderatores ] and then to the Circuit or Territories;
and of this nature is the (Constituito) in the Text. And thus from the charge I should have Come in the next place, to the style or title [ Judges & Moderatores ] and then to the Circuit or Territories;
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but these I shall skip over, as lesse material, and come to the main of the Text, viz. The great and important Duty of all Judges and publick Trustees of State,
but these I shall skip over, as less material, and come to the main of the Text, viz. The great and important Duty of all Judges and public Trustees of State,
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Give me leave therefore (my Lords) to discourse freely and plainly to you, concerning the great master-duty, concerning the Primum and the Ʋltimum, the Alpha and Omega of your calling, viz. The execution of just judgement.
Give me leave Therefore (my lords) to discourse freely and plainly to you, Concerning the great Master-duty, Concerning the Primum and the Ʋltimum, the Alpha and Omega of your calling, viz. The execution of just judgement.
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If the world be a Harp (as saith the eloquent Sinesius ) then Justice windeth up the springs, stirreth the fingers, toucheth the instrument, giveth life to the airs,
If the world be a Harp (as Says the eloquent Sinesius) then justice windeth up the springs, stirs the fingers, touches the Instrument, gives life to the airs,
all yields to this virtue, it is inchased in all laudable actions, and all laudable actions are incorporated in it, according to that of Aristotle, NONLATINALPHABET, tis inclusive of all other virtues,
all yields to this virtue, it is enchased in all laudable actions, and all laudable actions Are incorporated in it, according to that of Aristotle,, this inclusive of all other Virtues,
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Justice and judgement, in the Scripture stile and phrase, they are often Synonima's, and are put for one and the same thing, but sometimes they are distinct.
justice and judgement, in the Scripture style and phrase, they Are often Synonima's, and Are put for one and the same thing, but sometime they Are distinct.
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First, Amongst Humanists and Philologers, Judgement is taken for the last act of the understanding, and a conclusive resolution, and thus it relates to contemplation.
First, among Humanists and Philologers, Judgement is taken for the last act of the understanding, and a conclusive resolution, and thus it relates to contemplation.
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Secondly, Tis sometimes Synonimous to discretion, and then it relates to practice, when we consider not so much the very bare act or thing that we are about,
Secondly, This sometime Synonymous to discretion, and then it relates to practice, when we Consider not so much the very bore act or thing that we Are about,
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The Cabalists (as one which understood them well observes) have concluded that the word (Judgement) applied to God, hath every where a mixt and participant nature, implies both judgement and mercy.
The Cabalists (as one which understood them well observes) have concluded that the word (Judgement) applied to God, hath every where a mixed and participant nature, Implies both judgement and mercy.
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and sometimes its put for the law or rule it self according to which every man is to doe right. (Judgement) is sometimes opposed to anger and severity,
and sometime its put for the law or Rule it self according to which every man is to do right. (Judgement) is sometime opposed to anger and severity,
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Fourthly and lastly, [ Judgement ] sayes Drusius, Poenam respicit, tis in condemning those that are guilty, but Justice that respects Compensationem benefactorum, tis in acquitting the innocent,
Fourthly and lastly, [ Judgement ] Says Drusius, Poenam respicit, this in condemning those that Are guilty, but justice that respects Compensationem benefactorum, this in acquitting the innocent,
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Pinguior mactari Deo victima non potest quam homo sceleratus (saies one) We cannot present God with a more pleasing oblation then is that of the cutting off of a criminal person;
Pinguior mactari God Victima non potest quam homo Sceleratus (Says one) We cannot present God with a more pleasing oblation then is that of the cutting off of a criminal person;
Secondly, Just you must be (my Lords) your office binds you to it, the judiciary power is talented in your hands, you are entrusted with the Laws, they are the Charter and sodder of all Society, the Sanctuary, the flaming Sword of right, to be brandished against all violence and wrong, the Land-marks that bound out to every man his Propriety, the Bulwarks and Defences of a peoples Peace and Safety, the right and strait rules by application whereunto all injustice is discerned and judged of;
Secondly, Just you must be (my lords) your office binds you to it, the judiciary power is talented in your hands, you Are Entrusted with the Laws, they Are the Charter and sodder of all Society, the Sanctuary, the flaming Sword of right, to be brandished against all violence and wrong, the Landmarks that bound out to every man his Propriety, the Bulwarks and Defences of a peoples Peace and Safety, the right and strait rules by application whereunto all injustice is discerned and judged of;
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yet the resolution and declaration of what is Law, resides in you, you have a right Jus or Legem dicere, though not Legem dare; Now without this Law is but a ruffled skain of silk, where no end is to be found, a Meander and Labyrinth without a clew, where men may sooner lose themselves then finde any place to sit down and rest in;
yet the resolution and declaration of what is Law, resides in you, you have a right Jus or Legem dicere, though not Legem Dare; Now without this Law is but a ruffled skain of silk, where no end is to be found, a Meander and Labyrinth without a clew, where men may sooner loose themselves then find any place to fit down and rest in;
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Nay farther, the execution of Law is yours, now this every man knows is the life of Law, without this Law is at least but Justices bare Scales without her Sword, a Pistol that is charged only with powder that can at most but threaten and make an empty noise.
Nay farther, the execution of Law is yours, now this every man knows is the life of Law, without this Law is At least but Justices bore Scales without her Sword, a Pistol that is charged only with powder that can At most but threaten and make an empty noise.
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consider I beseech you, that the Laws are the Nations joints, whereby each part is tied to other, which once cut asunder, must needs discontinue and unjoint the whole frame, to its most certain and unavoidable ruine.
Consider I beseech you, that the Laws Are the nations Joints, whereby each part is tied to other, which once Cut asunder, must needs discontinue and unjoint the Whole frame, to its most certain and unavoidable ruin.
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You are (my Lords) the subordinate Custodes Libertatis Angliae, and should you be unjust you would then Briareus - like doe evil with an hundred hands,
You Are (my lords) the subordinate Custodes Libertatis Angliae, and should you be unjust you would then Briareus - like doe evil with an hundred hands,
Thirdly, You must be just, the Land requires it, without this it can never be exalted, tis not all the depths of carnal policy, tis not Jeroboams Calves in Dan and Bethel, tis not Jehu's pompous zeal that would fain be lookt upon, tis not all the mountains of Samaria, nor mines of India, tis neither Magazines,
Thirdly, You must be just, the Land requires it, without this it can never be exalted, this not all the depths of carnal policy, this not Jeroboams Calves in Dan and Bethel, this not Jehu's pompous zeal that would fain be looked upon, this not all the Mountains of Samaria, nor mines of India, this neither Magazines,
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nor numerous Armies, nor formidable Fleets, nor impregnable Forts, tis none of all these that can exalt a Nation, tis only Justice that can do that, Prov. 14.34. just Judges they are the best Saviours, and the best builders in any Land, for they and only they make a Land a habitation of righteousnesse:
nor numerous Armies, nor formidable Fleets, nor impregnable Forts, this none of all these that can exalt a nation, this only justice that can do that, Curae 14.34. just Judges they Are the best Saviors, and the best Builders in any Land, for they and only they make a Land a habitation of righteousness:
and they lost twenty five thousand in battel, their Cities were destroyed, and the whole Tribe almost extinguished, and therefore tis observable in Scripture,
and they lost twenty five thousand in battle, their Cities were destroyed, and the Whole Tribe almost extinguished, and Therefore this observable in Scripture,
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how that the punishing of great and publick acts of injustice, tis called, A putting away of evil from a Land. Not to punish an evil is a voluntary retention of it,
how that the punishing of great and public acts of injustice, this called, A putting away of evil from a Land. Not to Punish an evil is a voluntary retention of it,
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Fourthly, Just you must be in respect of the innocent, tis a debt you owe to them, Qui malis parcit piis nocet, to spare the bad, tis cruelty and hardheartednesse to the good, to let the Wolves and Bears alone, tis to wrong the Sheep and Lambs;
Fourthly, Just you must be in respect of the innocent, this a debt you owe to them, Qui malis parcit piis nocet, to spare the bad, this cruelty and hardheartedness to the good, to let the Wolves and Bears alone, this to wrong the Sheep and Lambs;
If you will pity Cataline (sayes one) pity Rome much more, let the whole have a share in your pity, rather then a part, Pereat unus, magis quam unitas, Better have one injurious person sit mourning, then a whole Nation languishing.
If you will pity Cataline (Says one) pity Room much more, let the Whole have a share in your pity, rather then a part, Pereat Unus, magis quam unitas, Better have one injurious person fit mourning, then a Whole nation languishing.
Fifthly and lastly, You must be just, because the malefactors themselves call for it; the end of Law and Magistracy is to be a terrour both to evil works, and to evil workers;
Fifthly and lastly, You must be just, Because the malefactors themselves call for it; the end of Law and Magistracy is to be a terror both to evil works, and to evil workers;
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though they be pathemata corrections, yet they sometimes prove mathemata instructions, and being blessed and sanctified by God, become wholesome, spiritual discipline,
though they be pathemata corrections, yet they sometime prove mathemata instructions, and being blessed and sanctified by God, become wholesome, spiritual discipline,
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but however if Justice should not work to the saving of their souls, yet it will be sure to work to the restraining of their sinne, making the measure of it the lesse, which is indeed a mercy.
but however if justice should not work to the Saving of their Souls, yet it will be sure to work to the restraining of their sin, making the measure of it the less, which is indeed a mercy.
First, My Lords, You must be religiously just, it is indeed the first required qualification, in all Judges and Magistrates, That they should be men fearing God, there is so near an affinity between Justice and Religion, that as Priests are called Judices Sacrorum, so Ʋlpian stiles Judges Sacerdotes Justitiae; Judges must not be like Cardinal Caraffa, of whom it was said, That he was Securus de numine, out of all fear of Gods vengeance:
First, My lords, You must be religiously just, it is indeed the First required qualification, in all Judges and Magistrates, That they should be men fearing God, there is so near an affinity between justice and Religion, that as Priests Are called Judges Sacred, so Ʋlpian stile Judges Sacerdotes Justitiae; Judges must not be like Cardinal Caraffa, of whom it was said, That he was Secure de numine, out of all Fear of God's vengeance:
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And the Rabbins have a saying, That the Angels attend in all Judicatories, how concerns it all Judges then to be religiously just, having such attendants, and such assessors!
And the Rabbis have a saying, That the Angels attend in all Judges, how concerns it all Judges then to be religiously just, having such attendants, and such assessors!
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and there must be an actuall application of all your endeavours, and of all the forces of your minde and courage, to authorize Justice, to strengthen your arms against the torrents of iniquity,
and there must be an actual application of all your endeavours, and of all the forces of your mind and courage, to authorise justice, to strengthen your arms against the torrents of iniquity,
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To resist friends, and to over look enemies will be no easie work, to be just under all the crosse censures of the world, where some will cry out, that you are too mercifull,
To resist Friends, and to over look enemies will be no easy work, to be just under all the cross censures of the world, where Some will cry out, that you Are too merciful,
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but here you must be sure that this holy fervour be of the right stamp, it must be pure & elementary not base and culinary, not feeding upon carnal respects, it must be zeal for justice as an act of justice,
but Here you must be sure that this holy fervour be of the right stamp, it must be pure & elementary not base and culinary, not feeding upon carnal respects, it must be zeal for Justice as an act of Justice,
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it was a gallant return which the noble Rutilius made his friend, requesting of him an unlawfull favour in such language as this, Quid tua mihi opus est amicitia, si non impetro quod rogo? I had as good be without such a friend as with him, who will not let me speed in what I ask:
it was a gallant return which the noble Rutilius made his friend, requesting of him an unlawful favour in such language as this, Quid tua mihi opus est Amicitia, si non impetro quod Ask? I had as good be without such a friend as with him, who will not let me speed in what I ask:
yea they put themselves under a deep and bitter execration and curse in case of partiality, imploring God in such language as this, Let me have my part with Judas, and let the leprosie of Gehezi cleave to me,
yea they put themselves under a deep and bitter execration and curse in case of partiality, imploring God in such language as this, Let me have my part with Judas, and let the leprosy of Gehazi cleave to me,
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Fourthly, you must be sincerely just, NONLATINALPHABET, incorruptnesse and integrity, 'tis the proper portion of Judges, Judges should be known by giving, not by receiving;
Fourthly, you must be sincerely just,, incorruptness and integrity, it's the proper portion of Judges, Judges should be known by giving, not by receiving;
'twas Claudians elogium of Honorius, Non hic privatis crescunt aeraria damnis, foul hands will breed troubled consciences, you must take heed of being takers, he that opens his hand to catch after a reward, cannot choose but let fall his rule out of it;
'twas Claudians elogium of Honorius, Non hic privatis crescunt aeraria damnis, foul hands will breed troubled Consciences, you must take heed of being takers, he that Opens his hand to catch After a reward, cannot choose but let fallen his Rule out of it;
I have read of one Ichis a Polonian Judge, that having long stood up for a poor plaintiff against a rich defendant, he at last received from the defendant a great sum of mony stamped with the usual stamp of that Country, which is a man in compleat armour,
I have read of one Ichis a Polonian Judge, that having long stood up for a poor plaintiff against a rich defendant, he At last received from the defendant a great sum of money stamped with the usual stamp of that Country, which is a man in complete armour,
and being sharply blamed by his friends, he shewed them his large fee, and demanded of them, Quis posset tot armatis resistere? Who could stand out against so many in compleat armour? witty was the reply was that returned Demosthenes, who having been well feed by the adverse party to be silent in a cause, being called to plead pretended the Squinsie, his Client came hansomly over him, saying NONLATINALPHABET, non est ista angina, sed argentumgina, 'tis the silver Squinsie;
and being sharply blamed by his Friends, he showed them his large fee, and demanded of them, Quis posset tot armatis resistere? Who could stand out against so many in complete armour? witty was the reply was that returned Demosthenes, who having been well feed by the adverse party to be silent in a cause, being called to plead pretended the Squinsy, his Client Come handsomely over him, saying, non est ista angina, sed argentumgina, it's the silver Squinsie;
whereas Judges they should be men hating covetuousnesse, if they be not they will be apt cunningly to divert the strait current of the Law, to bring water to their own Mill:
whereas Judges they should be men hating Covetousness, if they be not they will be apt cunningly to divert the strait current of the Law, to bring water to their own Mill:
but have a boy with a bag to receive it for them, but O let all such corrupt Judges, who it may be buy justice by whole-sale & sell it by retale, let them consider seriously what is said Iob 15.34.
but have a boy with a bag to receive it for them, but Oh let all such corrupt Judges, who it may be buy Justice by wholesale & fell it by retale, let them Consider seriously what is said Job 15.34.
Fire shall consume the Tabernacle of Bribery, the Septuagint reads it, NONLATINALPHABET, of men that take guifts, a gift transforms the Judge into a party,
Fire shall consume the Tabernacle of Bribery, the septuagint reads it,, of men that take Gifts, a gift transforms the Judge into a party,
it was told him that they were peccata Germanorum, the sins of Germany, meaning thereby that the mony brought for pardons out of Germany, built those houses:
it was told him that they were Peccata Germans, the Sins of Germany, meaning thereby that the money brought for Pardons out of Germany, built those houses:
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and may not we make the same answer, when we look upon the Stately houses and Magnificent palaces of corrupt Judges? may not we call them peccata Judicum, and say that bribes and oppressions, bought such Seats,
and may not we make the same answer, when we look upon the Stately houses and Magnificent palaces of corrupt Judges? may not we call them Peccata Judicum, and say that Bribes and oppressions, bought such Seats,
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and the spending of such earnings, yet the heir finds a fire in the foundation, he hears the stones in the wall to cry out, that the morter in which they were layed, was tempered with the tears of widdowes and Orphans,
and the spending of such earnings, yet the heir finds a fire in the Foundation, he hears the stones in the wall to cry out, that the mortar in which they were laid, was tempered with the tears of widow's and Orphans,
but a sober grave pace, it was an ancient decree of the Areopagites, as Demosthenes relates it, NONLATINALPHABET, that Judges should hear both parties, with equall indifferency, and attention, their full time.
but a Sobrium grave pace, it was an ancient Decree of the Areopagites, as Demosthenes relates it,, that Judges should hear both parties, with equal indifferency, and attention, their full time.
The eare is not only the sense of discipline and learning according to the Philosopher, and of faith according the Apostle, but also of truth and Justice.
The ear is not only the sense of discipline and learning according to the Philosopher, and of faith according the Apostle, but also of truth and justice.
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or to shew quicknesse off conceit in cutting of evidence or counsel too short, for sometimes a man of a dreaming utterance may give a waking testimony:
or to show quickness off conceit in cutting of evidence or counsel too short, for sometime a man of a dreaming utterance may give a waking testimony:
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It is related of Theodosius, that when he had killed many men rashly, which did much trouble him, it was afterwards enacted by him that thirty dayes should use to intervene between the sentence and the execution;
It is related of Theodosius, that when he had killed many men rashly, which did much trouble him, it was afterwards enacted by him that thirty days should use to intervene between the sentence and the execution;
we may read how God himself, though he needs no intelligence from his creatures, yet in his two great acts of justice when he confounded the builders of Babel, and destroyed Sodom, he would not only hear,
we may read how God himself, though he needs no intelligence from his creatures, yet in his two great acts of Justice when he confounded the Builders of Babel, and destroyed Sodom, he would not only hear,
Sixthly, You must be speedily just, see Ezra 7.26. you must execute Judgment in the morning, Jer. 21.12. Noon justice and evening justice, 'tis not so seasonable, 'tis not so acceptable to God as morning justice;
Sixthly, You must be speedily just, see Ezra 7.26. you must execute Judgement in the morning, Jer. 21.12. Noon Justice and evening Justice, it's not so seasonable, it's not so acceptable to God as morning Justice;
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A man shall come into few of our Courts, but he shall hear those that wait on them, crying out with him in the Poet, — Quem das finem Rex magne laborum?
A man shall come into few of our Courts, but he shall hear those that wait on them, crying out with him in the Poet, — Whom das finem Rex Magnus laborum?
When shall we leave turning Ixions Wheel? and rowling Sisyphus his stone? I would have all demurring Judges consider seriously, the admirable passage of Theodorick King of the Romans, as it stands related at large in the Chronicle of Alexandria; There was one Juvenalis a Widow, who came to him with a sad complaint, that she had had a suit depending in the Court three years, which might have been ended in a few dayes:
When shall we leave turning Ixions Wheel? and rolling Sisyphus his stone? I would have all demurring Judges Consider seriously, the admirable passage of Theodorick King of the Roman, as it Stands related At large in the Chronicle of Alexandria; There was one Juvenalis a Widow, who Come to him with a sad complaint, that she had had a suit depending in the Court three Years, which might have been ended in a few days:
for their quick decision, and excellent justice, hastned to him full of joy, but the King having first interrogated with them, about the cause of their former delay,
for their quick decision, and excellent Justice, hastened to him full of joy, but the King having First Interrogated with them, about the cause of their former Delay,
and having sharply reprehended them, he commanded both their heads to be struck off, because they had spun out that cause to a three yeares length, which two dayes would have ended.
and having sharply reprehended them, he commanded both their Heads to be struck off, Because they had spun out that cause to a three Years length, which two days would have ended.
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Seventhly, You must be stedfastly just, a Judge should be such an one qui nec fallitur, nec flectitur, lenity becomes not a Judge, levitas est mobilitas animi, qua homines levi de causa mentes vel sermones facile mutant, Judges must not be like the vulgar Jews, who would this day deifie,
Seventhly, You must be steadfastly just, a Judge should be such an one qui nec Fallitur, nec flectitur, lenity becomes not a Judge, Levitas est mobilitas animi, qua homines levi de causa mentes vel Sermons facile mutant, Judges must not be like the Vulgar jews, who would this day deify,
and to morrow crucify the same man, nor yet like Pilate who commanded Christ to the Crosse with those very lips, with which a little before he procounced him innocent.
and to morrow crucify the same man, nor yet like Pilate who commanded christ to the Cross with those very lips, with which a little before he procounced him innocent.
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A Judge he must be propositi tenax, though not pecuniarum petax; he must be like the needle toucht with the Loadstone of constancy, ever looking one way like the unshaken rock, that in the midst of the angrie foaming brine and raging billowes, appears that apt emblem of stabilitie, with this motto on it, Immota triumphans, or else like the Egyptian pyramis, wearing this inscription Nec flatu, Nec fluctu.
A Judge he must be Propositi tenax, though not pecuniarum petax; he must be like the needle touched with the Loadstone of constancy, ever looking one Way like the unshaken rock, that in the midst of the angry foaming brine and raging billows, appears that apt emblem of stability, with this motto on it, Immota Triumphans, or Else like the Egyptian pyramid, wearing this inscription Nec flatu, Nec fluctu.
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but he must plant his Judgement upon an even ground, and as much as in him lies make inequality equal, considering that merciful Aphorisme of Solomon, Qui fortiter emungit, elicit sanguinem, the wringing of the nose bringeth forth bloud, where the winepresse is hard wrought, it yields a harsh wine, that tastes of the grapestone;
but he must plant his Judgement upon an even ground, and as much as in him lies make inequality equal, considering that merciful Aphorism of Solomon, Qui fortiter emungit, elicit sanguinem, the wringing of the nose brings forth blood, where the winepress is hard wrought, it yields a harsh wine, that tastes of the grapestone;
for a Judge upon the Bench, to put the poor malefactor out of countenance, whom he may put of life, what triumph is it? To jest at man in misery, 'tis the worst use a man can put his wit to,
for a Judge upon the Bench, to put the poor Malefactor out of countenance, whom he may put of life, what triumph is it? To jest At man in misery, it's the worst use a man can put his wit to,
and the government of Christ: and yet even in all these three grand Cases, though mercy must not degenerate into a softnesse prejudiciall to Justice, those Just sentences are best pronounced that are deepest drenched,
and the government of christ: and yet even in all these three grand Cases, though mercy must not degenerate into a softness prejudicial to justice, those Just sentences Are best pronounced that Are Deepest drenched,
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if justice be thus universal, 'twill cashier, 1. NONLATINALPHABET. 2. NONLATINALPHABET. 3. NONLATINALPHABET, all Partiality, all Bribery, and all Timidity;
if Justice be thus universal, it'll cashier, 1.. 2.. 3., all Partiality, all Bribery, and all Timidity;
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I shall only therefore beg your pardon, whilest in words as few as may be, I take leave particularly to apply this great duty of the Text to those that shall be more immediately concerned in the Transactions of this season.
I shall only Therefore beg your pardon, whilst in words as few as may be, I take leave particularly to apply this great duty of the Text to those that shall be more immediately concerned in the Transactions of this season.
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Secondly, My Lords, Be just to the people, which you can never be, unlesse you be religious in devotion, fearing God, moderate in your passions, impartial in your affections, mortified in your lusts, learned in the Laws, incorrupt in your Courts, deliberate in your Counsels, patient in hearing, diligent in sifting, expedite in proceeding, grave and solemn in sentencing,
Secondly, My lords, Be just to the people, which you can never be, unless you be religious in devotion, fearing God, moderate in your passion, impartial in your affections, mortified in your Lustiest, learned in the Laws, incorrupt in your Courts, deliberate in your Counsels, patient in hearing, diligent in sifting, expedite in proceeding, grave and solemn in sentencing,
so I have least to say, onely let me leave this Exhortation with you, Let me beseech you to be like Jethro 's Justices of peace, Exod. 18.21, 22, 23. Or like Plato 's Commonwealths-men for the Commonwealth;
so I have least to say, only let me leave this Exhortation with you, Let me beseech you to be like Jethro is Justices of peace, Exod 18.21, 22, 23. Or like Plato is Commonwealths-men for the Commonwealth;
and experienced in the Law, though you be tender and green in years, and consider that whatsoever swervings or stumblings any part of the Body politick makes, within your verge,
and experienced in the Law, though you be tender and green in Years, and Consider that whatsoever swervings or stumblings any part of the Body politic makes, within your verge,
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Remember what answer Papian the Oratour made to Caracalla the Emperour, when he was requested by him to defend the fratricide of his brother Geta, Non tam facile est excusare fratricidium quàm facere, It is more easie to commit it then to defend it.
remember what answer Papian the Orator made to Caracalla the Emperor, when he was requested by him to defend the fratricide of his brother Geta, Non tam facile est excusare fratricidium quàm facere, It is more easy to commit it then to defend it.
Take heed you doe not, Per verborum aucupia, & tendicula, as Tully speaks, by cunning construction either of Laws or Actions, protect injurie, and wrong innocence.
Take heed you do not, Per verborum Aucupia, & tendicula, as Tully speaks, by cunning construction either of Laws or Actions, Pact injury, and wrong innocence.
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if the cause be doubtfull, warrant no more then your own diligence, and whatsoever privacies have past between your Clients and you, let them sleep between you,
if the cause be doubtful, warrant no more then your own diligence, and whatsoever privacies have passed between your Clients and you, let them sleep between you,
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but what you doe, doe it seriò, and doe it subitò; Be not like to those fickle and unstable Lawyers that Salust so bitterly inveigheth against, condemning them for their floating and uncertainty, Qui fluctuantes huc & illuc agitantur;
but what you do, do it serio, and do it subitò; Be not like to those fickle and unstable Lawyers that Sallust so bitterly inveigheth against, condemning them for their floating and uncertainty, Qui fluctuantes huc & Illuc agitantur;
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It were well if they would learn too, not to goe like Sheep one after another (Qua itur non qua eundum) but to be lead by the sacrednesse of their Oath,
It were well if they would Learn too, not to go like Sheep one After Another (Qua itur non qua eundum) but to be led by the sacredness of their Oath,
and the light of their Evidence, and to proceed Secundum allegata & probata, and not suffer themselves to be blindely overruled by another mans prejudice;
and the Light of their Evidence, and to proceed Secundum allegata & Approved, and not suffer themselves to be blindly overruled by Another men prejudice;
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It many times fals out that a tame Jury by the craft of some one cunning fellow in the company, who happily comes possest with prejudice to the cause,
It many times falls out that a tame Jury by the craft of Some one cunning fellow in the company, who happily comes possessed with prejudice to the cause,
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Let the honest Jury man keep pace with the Evidence and his own conscience, and think it not pride but Justice, to be honester (if not wiser) then his Leaders.
Let the honest Jury man keep pace with the Evidence and his own conscience, and think it not pride but justice, to be Honester (if not Wiser) then his Leaders.
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First, He sins against God, Cujus veritatem annihilat. Secondly, He sins against the Judge, Cujus judicium perturbat. Thirdly, He sins against the party accused, Quem suo testimonio condemnat. Lastly, He sins against himself;
First, He Sins against God, Cujus veritatem annihilate. Secondly, He Sins against the Judge, Cujus judicium perturbat. Thirdly, He Sins against the party accused, Whom Sue Testimony condemnat. Lastly, He Sins against himself;
first, against his fame and credit, for what more infamous then for a man to be Punica, or Graecafide, to be such an one whom neither word nor wax can binde? and which is worst of all, he sins against his own soul,
First, against his fame and credit, for what more infamous then for a man to be Punica, or Graecafide, to be such an one whom neither word nor wax can bind? and which is worst of all, he Sins against his own soul,
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for a false Witnesse shall not be unpunished, and he that speaketh lies shall not escape, so saies Solomon, Prov. 19.5. Let every Witnesse therefore be just and speak the truth, and the whole truth, As God shall help him.
for a false Witness shall not be unpunished, and he that speaks lies shall not escape, so Says Solomon, Curae 19.5. Let every Witness Therefore be just and speak the truth, and the Whole truth, As God shall help him.
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And thus I have discharg'd all my Task in the Pulpit, save onely putting up my hearty praier to God for you all, that from the highest to the lowest, from the Judge to the Witnesse, you may all discharge yours in the Court, which I shall next proceed to. FINIS.
And thus I have discharged all my Task in the Pulpit, save only putting up my hearty prayer to God for you all, that from the highest to the lowest, from the Judge to the Witness, you may all discharge yours in the Court, which I shall next proceed to. FINIS.
