The charge of God and the King to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, Lord Chiefe Iustice of the Common Pleas: and Sr Robert Haughton Knight, one of the iudges of the Kings Bench, at the Assises at Hartford. By William Pemberton B.D. and minister at high-Ongar in Essex. Pemberton, William, d. 1622. This text is an enriched version of the TCP digital transcription A09254 of text S103437 in the English Short Title Catalog (STC 19568). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 151 KB of XML-encoded text transcribed from 65 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A09254 STC 19568 ESTC S103437 99839190 99839190 3592 2248565916

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.

 Early English books online. (EEBO-TCP ; phase 2, no. A09254) Transcribed from: (Early English Books Online ; image set 3592) Images scanned from microfilm: (Early English books, 1475-1640 ; 1251:11) The charge of God and the King to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, Lord Chiefe Iustice of the Common Pleas: and Sr Robert Haughton Knight, one of the iudges of the Kings Bench, at the Assises at Hartford. By William Pemberton B.D. and minister at high-Ongar in Essex. Pemberton, William, d. 1622. [20], 108 p. Printed by Edward Griffin for Samuel Man, dvvelling in Paules church-yard at the signe of the Svvan, London : 1619. Pages 77, 80-81, 84-85, 88-89, 92, and 97 misnumbered 61, 64-65, 68-69, 72-73, 76 and 67. Some print faded and show-through, and some pages stained. Reproduction of original in the Union Theological Seminary (New York, N.Y.). Library. eng Sermons, English -- 17th century. eebo The charge of God and the King, to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, L Pemberton, William, 1619 130 25262 209 0 0 0 0 0 82.73 D The rate of 82.73 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2010-10 Assigned for keying and markup 2010-10 Keyed and coded from ProQuest page images 2010-11 Sampled and proofread 2010-11 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion

THE CHARGE OF God and the King , To Iudges and Magistrates , for execution of Iustice .

In a Sermon preached before Sr HENRY HOBART Knight and Baronet , Lord Chiefe Iustice of the Common Pleas : and Sr ROBERT HAVGHTON Knight , one of the Iudges of the Kings Bench , At the Assises at Hartford .

By William Pemberton B. D. and Minister at high-Ongar in Essex .

2 CHRON. 19.6 , 7.

6. And he ( Jehosaphat ) said to the Judges . Take heed what yee do : for yee iudge not for man , but for the Lord , who is with you in the iudgment .

7. Wherefore now , let the feare of the Lord be vpon you , take heed and do it : for there is no iniquitie with the Lord our God , nor respect of persons , nor taking of gifts .

LONDON Printed by Edward Griffin for Samuel Man , dwelling in Paules Church-yard at the signe of the Swan . 1619.

TO THE RIGHT HONOVRABLE FRANCIS LORD VERVLAM , Lord Chancellor of England , one of his Maiesties most honorable Priuie Councell . AND TO THE REVEREND Iudges , and worthy Magistrates : the spirit of wisdome , counsell , and feare of the Lord .

THE wisdom of God doth thus professe and proclaime to the sonnes of men ; Prou. 8.15 , 16. By mee Kings raigne & Princes decree iustice . By mee Princes rule and Nobles , euen all the Iudges of the earth . Hereby giuing man to wit , that the higher powers , Rom. 13.1 . or eminency of authoritie , and order of magistracy , supreme and subordinate , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pet: 2.13 . is the ordination of God . Which howsoeuer it be called an ordinance of Man in respect either 1. of Man the subiect , by whom it is exercised . or 2. of Man the obiect , about whom it is conversant . or 3. of Man , the end to whose good it tendeth ; yet is still the gift and institution of God , the primary author and prouident ordeiner . For there is no power , Rom. 13.1 . but of God : The powers that be are ordeined of God , to which submission must be yeelded by inferiors for conscience sake to God . v. 5. Which well-ground Maxime whosoeuer shall denie , he is worthy to be thrust out with Nebuchadnezzar to liue among beasts , Dan: 4.32 . ( vnworthy the society of men ) vntill he know that the most High ruleth in the kingdome of men , and giueth it to whomsoeuer he will . He that is higher than the highest , Eccles. 7.8 . the King of Kings , and Lord of Lords , 1 Tim. 6.15 . the most mighty Creator and most wise disposer of all things , Dan. 2.21 . who remoueth Kings and setteth vp Kings , hath instamped his image of soueraigntie in Kings and Caesars , set the Crowne vpon their heads , put the scepter into their hands , and created them chiefe Monarches , in their territories and dominions , ouer all others , next vnder himselfe . And from and by them ( through the like impression made ) God deriues vnto other Prime persons vnder them , their eminent dignitie , in places of lawfull authoritie . So that Vice-Royes , and all others , in their seuerall rankes of gouernment , do beare the stampe and impression of God , and the King , more or lesse , accordingly answerable to their distinct and seuerall orders and degrees .

Moreouer ; the better to establish and ratifie this wholsome ordinance , in this excellent eutaxie , and to grace and safeguard the persons of these Delegates , as sacred and inviolable , in their commissiue authoritie . God honoureth them with his owne stile and title of Gods ; Psal. 82. v. 1.6 . v. 7. not as if they were such of their owne nature and being ( for so they are but men , and die they must like men , and remaine accountant to him , the great God , for their dealings towards the meanest man ) but through his grace communicating thus farre his regencie vnto them . And so they are as Gods among men ( as bearing Gods image in their power ouer men ) and Gods vnto men , Hom , homini Deus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as a common good of Gods prouiding ( in faithfull dispensation of their function ) for the good of men .

Yet further ; as Magistrates are Gods creation , and ordination , in regard of their function ; so are they dependant on God , for abilitie to the execution of their function , which they receiue from his effectuall dispensation & prouidence . Counsell is mine ( saith wisdome ) and sound wisdom : Prou. 8.14 . I am vnderstanding , I haue strength . Mortall men must in no wise glory in any their owne strength or wisdome , with the proud King of Assyria , lest it proue costly to them as it did vnto him . Isai. 10.12 , 13. From Gods gracious gift they receiue their annoynting , other hearts with Saul , 1 Sam. 10.9 . vnderstanding hearts with Solomon to iudge the people . 1 King . 3.9 , 12. And thus invested with these singular endowments , as with princely diademes , Job 29.14 . and richly furnished with those heroicall virtues , of wisdom , counsell , fortitude , and feare of the Lord , they grow vndaunted for courage , and constant for resolution , in vndertaking & vndergoing of weighty imployments ; faithfull in dispatch of worthy seruices ; vnweariable for indeuour in speedy performances ; and invincible for patience , in induring oppositions , and clamors , of all those sons of Belial , who despise dominion , Jude v. 8. 2 Pet. 2.10 . speake euill of dignities , or will not yeeld obedience to wholsome lawes , nor submit their necks to needfull discipline .

Finally ; that all may be well , and all , say we , is well that ends well . The goodnesse of the end doth highly commend the goodnesse of the act . Now the end of all acts in Magistracy ( aswell as in Ministerie ) must be squared by that the Apostles Canon , let all things be done vnto edifying : and nothing must be done idly or vnprofitably , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Basil . tending to no good end and purpose . Gouernors must therefore in all their acts and designes , ayme at the right end and scope of gouernment , the glory of God in the good of men . Which end shall be most happily atchieued , if they shall principally eye and respect both the Tables of Gods law , whereof they are the Great-Lords Keepers . Religion or piety to God , in the first Table , the basis and foundation of a truly-prosperous politie : And equitie and iustice to man , in the second , the nerues and sinewes of humane society . Thus when Magistrates ayme at these ends in gouernment ; that religion be entertained , the Gospell countenanced , and piety promoted ; and , that innocencie be defended , right preserued , and vice punished ; and , that all be righted , none wronged . Then shall Church and Common-weale ioyntly and mutually liue and loue , grow prosperous and renowmed , and God shall haue glory from the well-ordered communities of men , and men felicitie in blessed communion with God .

Now all prosperous successe , in vse of best meanes for atchieuing these ends , must be expected and fetched from the blessing of God , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Joh: 3.27 . without whom no mortall man can euer proue happy . For a man can receiue nothing vnlesse it be giuen him from heauen : No counsells of man proue healthfull and successfull , vnlesse God assist , and giue a blessing . Which meditation is the argument of that heauenly hymne , compiled by Dauid for his son Salomons vse , or by Salomon himself , Psal: 127. instructed of God with deep wisdom-politicall , for his owne : v. 1. Except the Lord build the house , they labour in vaine that build it ; except the Lord keep the Citie , the watchman waketh but in vaine . It is in vaine for you to rise vp early , to sit vp late , to eat the bread of sorrowes ; for so he giueth his beloued sleepe . The building of the house , the watching of the Citie , early vp-rising , and late downe-sitting , assiduous labour , and carking care are all in vaine , vnles God assist and giue a blessing . And so doth Gregory Nazianzene most elegantly paranomaze the summe and substance of that diuine Psalme . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which memorable Distick I thus , in homely English , expresse .

If God giue good successe , enuie can not preuaile . If God denie successe , labour can naught auaile .

If God from heauen shall blesse and prosper , what force or fraud below can crosse or controll ? But , if God from heauen shall crosse and curse , what power or wit of man shall not proue vaine and frustrate ? The fencing of Kingdomes , and safe-guarding of Countries with wholsome lawes and politicall constitutions , with Armies and Nauies , with trenches & bulwarks , with leagues and alliances ; yea , with infinite heapes of gold and siluer ( which Dionysius esteemed the adamantine bonds of Empires ) is all in vaine , Adamantina vincula imperiorum . vnlesse God assist and giue a blessing . Most deliberate counsels and best designed attempts faile of good successe , for want of Gods blessing ; to rebuke the pride of mans presuming weaknesse . And weaker meanes vsed , in want of stronger , through diuine assistance , work wonderfull effects ; to correct mans diffidence , and to worke dependance on God : according to those precepts and promises . Psal. 37. v. 3. Trust in the Lord and doe good : so shalt thou dwell in the land , and verily thou shalt be fed . v. 4. Delight thy selfe also in the Lord , and he shall giue thee the desires of thine heart . Commit thy way vnto the Lord ; v. 5. trust also in him , and he shall bring it to passe . And according to that most memorable practise : we know not what to doe , but our eyes are vpon thee .

And that the flourishing state of Common-wealths springs out rather from the blessing of Gods diuine prouidence , then from the best fore-cast of humane prudence , History , the witnes of times , and light of truth , doth plainly testifie . To which also Heathens doe giue their suffrages from the dim sight of humane obseruation . Vbi non Deus sed mortalis aliquis prae st , ibi malorum nullum est effugium . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 4. Dei ope & auxilio multò magis R●mpubl . Remanam quam ratione hominum & consilio gubernari . Cic. pro Rabitio . For so Plato professeth of Common-weales in common : Where not God but some mortall man is president , there 's no auoydall of any euill . And Cicero of the Romane state in speciall : The Romane state was prosperously gouerned much rather by the aide and helpe of God , than by mans reason and counsell humane .

And in a word , that nothing can be well done , and happily succeede in Citie or familie , Church or Common-wealth , without the good will and good worke of God , Ephes. 1.11 . who worketh all things after the counsell of his own will , S. Paul doth intimate , when he earnestly exhorts , That first of all supplications , 1 Tim 2. v. 1. v. 2. prayers , intercessions , and giuing of thanks be made for all conditions of men : for Kings and for all that are in authoritie , that , through Gods good blessing on their good indeuours , we their subiects , in our inferior condition , may lead a quiet and a peaceable life in all godlinesse and honestie .

The summe of all , in short , is this : Kings as supreme , and other gouernors as sent by God and them , 1 Pet. 2.13 , 14. doe receiue their high places , and princely graces , their function and execution , vocation and dispensation , authoritie and abilitie , and all happy successe and good fruit in gouernment , for the weale and welfare of themselues and theirs , from that all-wise and all-ruling Monarch , great Counsellor , and Law-giuer , the essentiall wisdome , the son of God , Isal. 9.6 . Jam : 4.12 . who ( with the Father , and Holy Spirit , one true God ) is the blessed and onely Potentate , the King of Kings and Lord of Lords , 1 Tim: 6.15 . the King eternall , immortal , invisible , and only wise , 1 Tim. 1.17 . to whom from them all in all their designes is to be giuen , as the maine end of their gouernment , all honor and glory for euer and euer . Amen .

Now , Right Honorable Lord , and Reuerend Sages , most wise and worthy interpreters of Law , and Dispensers of Iustice , great Guardians , vnder God and King , of Church and Common-wealth , as I freely acknowledge to the glory of God and honour of the King ( for which I blesse God on the knees of my heart ) that God hath blessed this Land with many true Worthies , on Benches in Courts of equitie and iustice ( bright-shining stars , restlesse in motion , in their orbe of gouernment : ) so I most humbly beseech you to giue leaue to me , your seruant in the Lord , ( without your censure ) from sincere affection , and dutifull respect to your persons , to put you in minde of that which you know right well ( being so well furnished with wisdome humane and diuine ) and I am well assured ( on my small obseruation , and short experience ) you endeuour to practise ( through the spirit of grace inspiring and inabling you ) for discharge of that trust reposed in you in your publike imployments , in this body politique , by our gracious GOD , and our religious KING .

The thing is this .

Sith the God of heauen and earth is the first mouer , in his supreme orbe of gouernment , all you his secondarie mouers , in this your orbe of gouernment , in this heauen of our politie , ought to moue after the will and ordination of God , and not ( as in that other Heauen ) by any rapt motion from your priuate affection , nor yet irregular from inordinate passion , nor by that of trepidation for feare of mortall man . You must in your motion run the same course , or vse the same end with God himselfe ; namely , the glory of God , in our good of Church and Common-wealth , which , as the lower earth , are preserued and cherished , with heauenly influence , through your well-ordered and well-ordering motion . And such subordination will surely cause an heauenly harmony , and heart-pleasing consent , in a circular reuolution thus .

God is the ordeyner of our King , the King the image of God , the Law the worke of the King , Iudges interpreters of our Law , Magistrates with them dispensers , Iustice our fruit of Law dispensed , this fruit of iustice the good of the people , the good of the people the honour of our King , this honour of our King , the glory of God , the ordeiner , orderer , and blesser of all . And so in this regular and circular revolution , all motion begins in God , and ends in God , for mans felicitie , and Gods glory , infinitely , and eternally .

Great , you see , is your honour : as great is your charge . A double charge ; from God , Deut. 17. v. 18 , 19 , 20. from King . God chargeth the King : God and King ( whose Ministers and sword-bearers you are ) haue charged you . Rom. 13.4 . Your office then of Magistracie ( as ours of Ministery ) is not so much nomen honoris as oneris . Aug: de Ciuit. Dei l. 19. c. 19. Your desire must therefore be , not so much praeesse , as prodesse , to beare rule as to profit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Luc: 21.25 . to be benefactors , for the good of men ; that is your end , who are publique Patrons , & oracles of your Country , Hauens , and Refuges to poore distressed ones . Your symbole must be that of Alphonsus , Alphons . Neapolitan . Rex . The Pelican with her own bill picking and drawing bloud out of her owne breast , with this inscription , Pro lege & pro grege : Magistra●us virio ostendit . Arist. ex Biante . Herein will Magistracie shew your manhood .

Lastly , where as these matters of iudgment are disposed and dispensed not by your selues alone , but by many other inferior organs and instruments , who need due inspection and daily information ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . as interpreters of Law instruct them ; as Moderators of Iustice direct them ; as charged your selues of God and King to doe iustice , lay great charge on them ; yea , as armed with power coactiue , by vertue thereof ( as far as shall be lawfull and needfull ) as Guardians of equitie , vrge them to doe , what God and King , law and conscience , equitie and honestie exact at their hands ; that this chaste Virgin Iustice be not by them deslowred , Hesiod . that conscience of crime ( in vnrighteous dealing ) may not inwardly Hieron . epist. wound their consciences at home , nor their name and familie outwardly besmeared with iust reproch and ignominie abroad : But that good right be maintained , good conscience discharged , good name preserued ; that God may be honoured , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Gods people benefited , the Common-wealth cherished , the Church inlarged , our communion with God and society with men may become most comfortable , happy , and blessed , while iudgment and iustice are equally dispensed of all manner persons vnder God and King , as from God , by God , and for God ; as is more largely declared in this insuing Treatise ; which , being heretofore once vttered by me , and now drawne into publique by effectuall perswasion of others , I now make bold to present to your Honours , and Worships , because it concernes you all , though for manner not so worthy ( as I well could wish ) your learned wisdomes view and approbation . Well hoping , that , in your priuacie and retirednesse from your weighty imployments , you will please to peruse it , couering what faults and slips you espie therein , with your robes of loue , and Christian Charitie , 1 Pet: 4.8 . not looking at my want of discharge of my dutie ( which I ingenuously acknowledge , and sue for pardon thereof at the hands of God and you ) but at the better discharge of your owne ( whereto this my poore labour , as a weake meane , would further ) : For so you stand charged of God , and the King : Take heede therefore what yee doe , 2 Chron: 19.6 . for yee iudge not for man but for the Lord . And the Lord be with you in the iudgment . Amen .

Your Honors , and Worships , in all dutie , to be commanded , William Pemberton .
The Charge of GOD and the KING . DEVTER . 1.16 , 17.

16. And I charged your Iudges at that time saying : Heare the causes betweene your brethren , and iudge righteously betweene euery man and his brother , and the stranger that is with him .

17. Yee shall not respect persons in iudgment , but you shall heare the small aswell as the great : you shall not be afraid of the face of man , for the iudgment is Gods : and the cause that is too hard for you , bring it vnto me , and I will heare it .

AL the counsels and works of God ( the most mighty Creator , & most wise disposer of all things ) doe proceede from the good pleasure of Gods will , Ephes. 1 12. which is the cause of all causes ; and tend to the glory of his name , Voluntas Dei omnium quae sunt ipsa est causa . Aug: de●en : contra Manich: l. 1. c. 2. Prou: 16.14 . which is the end of all ends . And that in the manifestation of his mercy , in the gracious saluation and happines of some ; and of his iustice , in the deserued condemnation and misery of others . And this our naturall and temporary life , which we liue on earth , is , in the counsell and decree of God , a praeparation and degree to a better life . And in the elect , to omit the rest , to a life spirituall and supernaturall , begun on earth in this time of grace , and continued in Heauen , in that eternitie of glory . This life well led , in faith and obedience , doth highly aduance vs to felicitie and happines : This life ill led , in infidelitie and sin , doth deeply depresse vs into miserie and wretchednesse .

The entrance of Lawes . Now that man on earth might liue well , God did giue him a Rule to liue by . This Rule is the Law of God ( the rule of piety , the square of equitie ) first instamped in mans nature in his created innocencie . Antequam scripta fuit in hominum legthus , in mentibus vigebat . Ambr●● lib. 4. de Abra : hamo Patriare ! cap. 4. Eph 4.24 . In libro aduersus Iudae●s . For what was that Image of God in man consisting of righteousnesse , holinesse , and trueth , but Lex primordialis , a primordiall Law , ( as Tertullian speakes ) exactly requiring and absolutely inabling the performance of duties of piety to God , and of equitie to man , both in habite and act ; and that in sinceritie and perfection of them both ? And what was the Morall Law proclaimed on Mount Sinah , Exod. 20. after that man had defaced Gods image , by transgressing his command , but this primordiall Law renewed and repeated , as an absolute and eternall rule and square , of piety to God , Exod. 31.18 . and equitie to man , which God with his owne finger did ingraue in two Tables of stone , and gaue vnto Moses for the vse of his Church ?

This Morall Law requires obseruation , according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or exact perfection thereof , but it giues no abilitie to performe obedience . It sheweth what man now ought to doe , what once he could haue done ; but not what he now can do , nor what it will inable him to do ; but accuseth and accurseth euery man , as guilty of sinne , for the least transgression of it . Whereupon God in mercy , to releeue mans misery , to this law of works giuen in Sinah , Exod. 20. did adde another Law , ( as the Apostle stiles it ) the Law of Faith , Rom. 3.27 . Is●● . 2.3 . Mich. 4.2 . giuen in Sion , which promiseth life and blessednesse to all that beleeue in Christ .

The law of workes , called the morall law , is grounded on nature , and may be called Lex timoris , the law of feare ; because , through our impotencie , it doth terrifie and affright vs .

The law of Faith ( which is the Gospell ) is grounded on Gods grace , and may be called Lex amoris , the law of Loue ; for God so loued vs , Io● : 3.16 . that he gaue his Sonne for vs ; and it effectually worketh the loue of God in vs , and reftoreth vs againe to blessednesse with God .

Man doth againe recouer this blessednes with God , while he is driuen from himselfe and his sinnes , by the fearefull threats of the law morall , and is allured vnto Christ by the sweet promises of the Gospell , this law of Faith ; and is daily renewed by the spirit of grace vnto conformitie to the law of works , which still remaineth , as a Rule of good life ( requiring obedience of faith , Aug: lib. 3. ad Bonifacium c. 4. & contra Faustum Manich. in way of thankfulnes ) till Gods glorious image be againe repaired in vs , and that eternitie of glory ▪ be conferred vpon vs .

In the meane time , for the space of this life , many disorders and misdemeanors remaine still in the world . For the greater part of men will not be reformed : the better part are but in part sanctified . These sin of weaknesse , those of wilfulnesse : both haue neede of all good helps , for reformation to good , or restraint from euill .

Wherevpon God hath in wisdom ordeined Humane Lawes , and hath appointed Kings , Custedes & vind●ces vtriusque Tabulae D●ut : 17. Esa. 49.23 . Princes , and Magistrates to be keepers of both the Tables of the Morall Law : Nursing-fathers and Nursing-mothers vnto his militant Church , and constant Defenders of the Christian Faith .

And all their good Lawes both Ecclesiasticall and Ciuill are backs and props vnto Gods holy Law , and , in their due and faithfull execution , effectuall meanes to procure the obseruation thereof . And , in a word , of all good Lawes , whether written or vnwritten there is a twofold end or scope , as namely , they do respect and ayme at , either piety and godlinesse from man to God , that a blessed communion may be maintained betweene man and God ; or equitie & iustice from man to man , that a comfortable communion and sweet societie may be preserued betweene man and man .

And surely , these humane lawes , of Kings & Rulers , being wisely enacted ▪ and duely executed , by Iudges and Magistrates competent , and faithfull in the execution of their function , are soueraigne helps for the cure of vice , by inflicting punishment on malefactors ; and to allure to virtue by conferring rewards , and defending of well-doers ; and to right euery man in his righteous cause , that euery man may enioy his own ; That so we may lead a quiet and a peaceable life , 1 Tim. 2.2 . in all godlinesse and honestie . And to this purpose are we to pray to God for them , v. 1. and for this end are they designed to this function by God ; Rom. 13.1 , 4 and for the better discharge of their office and dutie , they receiue a charge from God and the King .

And so to descend to our present purpose , and to apply my self wholy to time and occasion ; these words , of this Scripture , doe commend to our view , a speciall Charge giuen by GOD and the KING to Iudges and Magistrates for execution of iustice .

This Charge ( I say ) first is giuen of God ; for Moses was an holy Prophet of God , and spake nothing but from the mouth of God , or by inspiration of the Spirit of God , and therefore this is the Charge of God .

Secondly , Act: 7.35 . Bertram de politia Iudaica cap. 5 . ●●utr . I call it the Charge of the King ; for Moses was Prince and chiefe Ruler of Gods people : his authoritie was Regall , his power Soueraigne , not differing in nature , but in name , from that of a King .

In this Charge we may consider , 1. The giuing of the Charge : And I charged your Iudges at that time , saying . 2. The Charge giuen : Heare the causes betweene your brethren &c.

In the giuing of the Charge , we may obserue , 1. The person that gaue it , Moses , I charged . 2. The persons to whom it was giuen , the Iudges , your Iudges .

3. The thing giuen , for nature , a Charge . I charged .

4. The time when it was giuen , at that time , namely of their election , and designation to their function : And I charged your Iudges at that time , saying .

In the Charge giuen we may obserue , 1. Instructions or iniunctions giuen to the Iudges , which are two . First , to heare causes deliberately , Heare the causes . Secondly , to iudge righteously , and iudge righteously .

2. The parties betweene whom they must heare and iudge , propounded , first , in relation to the Iudges , your brethren : secondly , in relation among themselues , betweene euery man and his brother , that is , of the same Nation , of the same Religion : neither only so , but ( as the meaning is more plainly opened ) betweene euery man and the stranger that is with him . A stranger , for kindred , Nation , or Religion , is yet a brother for common nature , and humane condition , and therfore must haue right done to him as being a brother .

3. Admonitions or cautions against pestilent impediments , which are frequent enemies to equitie and iustice ; and they are two .

First , Acceptation of persons , on sinister respects : Yee shall not respect persons in iudgment , but you shall heare the small aswell as the great .

Secondly , Feare of mens greatnesse who will be offended at iustice : You shall not be afraid of the face of man .

4. Reasons to inforce the performance of the iniunctions , and obseruation of the cautions : 1. for the iudgement is Gods . 2. The charge is from God , as in the first words , I charged . As if he should haue said ; God hath charged you to do right ; God will maintaine you in doing right ; therefore heare deliberately , iudge righteously , accept no mans person , feare no mans face , but do right to the small as well as the great ; to the stranger as well as the brother .

5. A case of reseruation of iudgement in causes too difficult , by consultation or appeale to the chiefest Iudge : And the cause that is too hard for you bring vnto mee , and I will heare it .

And this I take to be the intent and substance of this Charge of God and the King , giuen by Moses directly to the Iudges of Israel , but in them to all other Iudges and Magistrates ; yea all other officers , all ministers and instruments of iustice ( for the hand of Iustice hath many fingers ) as Counsellors , Pleaders , Aduocates , Sollicitors , Shiriffes , Iurors , witnesses , and the rest . And it doth meerely concerne , both God and King , Church and Common-weale , and euery state and person in them both , and affords fit matter for this present occasion , and profitable direction for all such purposes . In speaking whereof , that I may say something of euery thing , I must be short in all . And in all and euery thing , I do most humbly craue , Gods powerfull direction , that I may be able to speake ; your fauourable attention , that I may be heard ; and Gods gracious blessing vpon that which shall be spoken and heard , that it may redound to Gods glory , and to our profit and comfort , and so I proceede .

First generall Part. Giuing of the charge .

The first generall part formerly propounded , is the giuing of the charge : And I charged your Iudges at that time saying . I. Point . The Persons who gaue the Charge . And the first particular therein obserued , was the person who gaue it , I , that is , Moses . This one person Moses sustaines a double person : 1. God . First of God , as he was a Prophet of God , and spake from the mouth of God . 2. The King . Prudentiss●mus L●gislator , ●ustissimus Princeps , ac Propheta maximus . Philo in vita Mosis . Secondly , of a King , as he was the chiefe Ruler and gouernour ; and so it is the charge of GOD and the KING .

First this was the Charge of God ; for Moses the man of God , was ( as was said ) an holy Prophet of God , immediatly called of God , to this holy function ; immediately assisted and directed in his execution by God : and what he injoyned to this people , he receiued it from God ; from Gods mouth , or by inspiration of his Spirit , or by some such speciall and infallible information of God .

Moses elected Iudges to helpe and assist him in iudging of causes ( with varietie and multitude whereof hee was ouer-charged ) and this he did by the wise and godly counsell of his father in law Iethro , Exod. 18. yet vpon consultation also first had with God , and expresse answer from the heauenly Oracle . For so Iethro aduised him Exod. 18.23 . If thou shalt doe this thing ( that is , elect some assistant Iudges ) and God command thee so , then shalt thou be able to endure . And the conscience of Moses consulting with God did giue testimonie to this aduertisement of Iethro as the counsell of God : and therefore this election of Iudges by Moses was in deede and effect , the election of God ; and this Charge giuen to these New-elect , was accordingly the charge of God . Whence it followeth as a ground of all that I haue to speake , that

The charge for right execution of iustice giuen to Iudges by the Prophets of God is to be accounted the charge of God . Doctr. This charge God giueth sometimes immediately with his owne mouth : Exod. 10. thus God proclaimed the Morall Law , which conteines all the grounds of equitie and iustice , by his immediate voice ; and deliuered to Moses not onely the Ceremonials , but also Iudicials by his immediate direction : and by Moses vnto the Church , as Leuit. 19.35 . Yee shall not doe vnrighteousnesse in iudgement , in line , in weight , or in measure . And Moses in the execution of his weighty function , did consult with God , in his heauenly Oracle ; as did also Dauid , and others , 1 Sam. 3.7 , 8. in cases of difficultie , not expressed in Gods word . And God directed Ioshua , Josh. 1.1 , 2. after the death of Moses .

God giues this Charge sometimes by his instruments , as Prophets , Apostles , and Ministers of the Gospell : By Prophets , as by Moses to these Iudges in this place ; and so by Isaiah to the Iudges of Iudah , Is. 1.17 . Seeke iudgement , releeue the oppressed , iudge the fatherlesse , plead for the widow . By the prophet Ieremiah to the King of Iudah and his seruants , Ierem. 2.2 , 3. Execute yee iudgement and righteousnesse , and deliuer the spoiled out of the hand of the oppressor : and do no wrong , doe no violence to the stranger , the fatherlesse , nor the widow , neither shed innocent blood in this place . And Chap. 21. v. 12. O house of Dauid , thus saith the Lord , execute iudgement in the morning , and deliuer him that is spoiled out of the hand of the oppressor . By the kingly prophet Dauid , Psal. 2.10 . Be wise now therefore , ô yee Kings : be instructed yee Iudges of the earth . By the prophet Zachary to the Iewes , Thus speaketh the Lord of Hostes , Zach. 7.9 . execute iudgement , shew mercy . And againe , Zach. 8.16 . Execute the iudgement of trueth and peace in your gates .

By his holy Apostles vnto Christian Magistrates , as the Apostle S. Paul ( one for all the rest ) sets downe the office and charge of a Iudge or Ruler , Rom. 13.3 , 4. saying , Rulers are not a terrour to good workes but to the euill : againe , The Ruler is the minister of God , a reuenger to execute wrath vpon him that doth euill .

Lastly , God giues this charge by the Ministers of the Gospell , who are his Ambassadors in matters of God , to declare his will to the people of God . And we ( Gods ministers ) stand charged of God ( as Timothie of St. Paul ) before God , 2 Tim. 4.1 . 1 Tim. 5.21 . and the Lord Iesus Christ , and the elect Angels , that we obserue all that God injoynes vs without preiudice , and we must do nothing of partialitie , but must diuide the word of God aright , 2 Tim. 2 : 15. dispensing Gods mysteries as his faithfull stewards , and giuing to our Lords familie , to each one his due portion , Luc. 12.42 . in due season : and so prescribing to Iudges and Rulers their duties from God , as we our selues expect to be iudged of God ; and we must not dare to corrupt the word of God ; but as of sinceritie , 2 Cor. 2.17 . as of God , in the sight of God , so ought we to speake in Christ : and so I desire to speake vnto you .

Wherefore , right Honorable and beloued in the Lord , Vse . let mee intreat you from the Lord , that you receiue from vs , who serue God in this function , our charge for iustice as the charge of God ; not measuring the weight of our embassage by the meannesse of our persons , but weighing the worthinesse of our calling , and giuing entertainment to the truth , which we speake according to Gods word , not as the word of man , but of God ; alwaies remembring that of our Sauiour to his Disciples , and in them to vs ; Behold , I send you . and , He that heareth you heareth me ; Luc: 10. v. 3 , 16 and he that despiseth you despiseth me . And that worthy saying of our most learned & religious King in a solemne disputation in the Vniuersitie . The King himselfe ought to obey the Minister , At Cambridge March 16 14. tanquam spirituali medico ex verbo Dei praescribenti , as to a spirituall Physician prescribing to him out of the word of God . And this accords with his Maiesties instructions to the Prince his eldest sonne ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 10. When any of the spirituall office-bearers in the Church speaketh vnto you any thing that is well warranted by the word , reuerence and obey them as the Heraulds of the most high God .

And so much of this , as the Charge of God : Now I come to it as the Charge of the King .

2. The King giues this Charge . The second person whom Moses susteineth in giuing of this Charge is the person of the King ; for hee was designed chiefe Ruler and Iudge of Gods people : his authoritie was Regall , his power Soueraigne , though he gouerned also by others as assistants and counsellors .

Whence Kings and chiefe Rulers may take patterne for their practise , Doctr. to giue speciall Charge to their Delegates and Deputies , to execute iust iudgement vnto the people . For so Moses the chiefe Ruler gaue charge to these new-elected Iudges and Rulers to heare and iudge righteously the causes of all men . Such a charge , for a farewell , did holy King Dauid giue vnto Salomon his succeeding sonne , 1. King . 2.2 , 3. I goe the way of all the earth : be thou strong therefore , and shew thy selfe a man . And take heede to the charge of the Lord thy God to walke in his wayes , and to keepe his statutes &c. When he further injoynes him , according to his wisdom to execute iustice on Ioab and Shimei , and to shew mercy and kindnes to the sons of Barzillai . The Aegyptian Kings were wont ( as Plutarch reporteth ) by the custome of their country , to giue an oath to such as were appointed their Iudges , that they should not speake or doe vnrighteously in iudgment , though the King himselfe should charge and command them . Which commendable practise Traiane the Emperor did worthily imitate , and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles , saying vnto him : Si bonus fuero pro me vtitor ( hoc gladio ) sin malus contrame . If I shall be good vse this sword for me , if euill , against me . or thus : Hoc gladio pro me vtar is , donec iusta fecero : si iniusta secero , contra me vtaris . As long as I shall doe those things which are iust , vse this sword for me : if I do things vniust , vse it against me . A fact and speach most worthy an Emperor ! whose example , at least in the scope thereof , is fit to be imitated of euery good King ; who ought to acknowledge , that God hath aduanced him , as a little God , ●s●l . 82. to sit on the Throne , and to rule ouer all others for the common good of all . The oath which the King administreth to Iudges , binds them to strict obseruation of iustice , as it is recorded in the stature of the 18. of Edward the III.

Ye shall do euen law & execution of right to all his subiects rich and poore , The oath of Iudges 18. Edw. 3 printed anno D●mius 1578. p 106. without hauing regard of any person . And that yee denie to no man common right , by the Kings letters , nor none other mans , nor for none other cause , and in case any letters come come to you contrary to the law , that yee do nothing by such letters , but certifie the King thereof , and goe forth to doe the law , notwithstanding the same letters . And this is agreable to the commandement of Antiochus the King of Asia ; That if letters came from him , or his Nobles to interrupt the course of iustice , they should pocket them vp , supposing them to be vnwittingly written , and so to proceed in a strict course of iustice .

A good King giues streit charge for execution of iustice , because he knowes that the power of gouernment is as well onus as honos , a burden , as an honour , ordeined for the common and vninersall welfare of all his subiects , Salus populisupr●ms le●● est● . whereof account must be giuen to God . And he is alwaies in his owne estimation Magnus reip. seruus , Colimus Imperatorem , vt hominem a Deo secundum , & sole Deo minorem . Tertu● . ad Scap. Super Imperatorem nox est , nisi s●lus Deus qui fecit Imperaterem Optat. contr. Parmenian . lib. 3 the great seruant of the Common-weale ; for place and authoritie aduanced , and that most worthily , aboue all both persons and states ; and yet in princely clemency respectiue of the meanest , like a kind Master , or * * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Xenoph . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gueua●a . good Father . For a good King differs nothing from a good Father : who , as he is maximus , the greatest , so is he optimus , Par●m vllum super terram non babet . Chrysost. ad pop. Antioch . ham : 2. Patriae parens . the best ; a common , yea an vniuersall good , who promoteth peace and publike welfare , accounting all his felicitie , as he is a Prince , to consist in well-gouerning his Common-weale , and in bestowing his life , for the good thereof ( if need require ) as the Emperor Alexander Seuerus professed of himselfe .

Now then , as it is the highest dignitie , and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue to be Defender of the Christian Faith , and to haue supreme authoritie ouer all causes and persons Ecclesiasticall and Ciuill : so it apperteineth to him by that high authoritie to manifest his care for the common good , as in making and executing of good and lawes for the promoting and establishing of Religion , and Iustice : Rex quia h●mo est , D●mino ser●it viuen●o fideliter : quia v. ro●tiam R●x est , seruit , l●ges iusta praec●pi● n●●s & con●●ar●a prohibentes , conuenienti vigore sanciendo . Aug: epist: 50. ad Bonisa . ium . Idem contra Cresconium l. 3. c. 51. so also in electing good Delegates , and competent Iudges and Ministers of iustice : and in charging and obliging them by all bond of dutie to vse their authoritie to promote the publike good , in examining and deciding all causes and controuersies , with righteous iudgement and due execution of iustice , which is the very life and soule of good and wholsome lawes .

And thus much of the person who gaue the Charge , GOD & the KING : Now of the persons to whom the Charge was giuen , Iudges and Magistrates .

Your Iudges . II. Point . That is not onely Iudges in the most strict and streit notion & signification of the phrase ; but all Magistrates also and Ministers of iustice ; at least , by true and necessarie consequence .

And most meete it is surely that such a strict charge should be giuen by God and the chiefe Ruler , Doctr. to such as were elected and designed to be Iudges . For they are , for trust , keepers of the Law ; and , for their office , speaking lawes ; and , by their power and authoritie vnder God and the King , principall swayers and dispensers of equitie and iustice . And as Masters and Pilots in the ship of the Common-wealth , who sit at the sterne and guide it forward , through their wisdome and fidelitie , in an euen , a prosperous , and succesfull course , vnto the desired hauen of peace and prosperitie : But through their carelesse neglect and heedlesse ouer-sight , they cause fearefull shipwracke and miserable ruine .

And you know right well , that when Iudges and Magistrates become wise and faithfull , in deliberate sanxion and due execution of good and wholsome lawes and statutes , that then , by their good meanes , and Gods good blessing , Gods lawes are backed , his ordinances established , piety is promoted , equitie preserued , the Church is made pious , the Common-wealth prosperous , our communion with God and societie with man becomes most comfortable , happy , and blessed . But when Rulers and Magistrates doe swerue in gouernment , growing carelesse & negligent , vngodly & vniust , abusing their authoritie or neglecting their dutie ; then thorough the iust iudgement of God , and malice of the Deuill , and the vnbridled furie , and vnbounded outrage of lewd , and sauage , and vnreasonable men , all things in Church and Common-wealth grow disordered and confused , and finally fall ( vnlesse godly wisdom in Rulers timely preuent ) into fearefull ruine , and dreadfull desolation .

Wherefore for the prudent preuenting of this so fearefull euill , and prouident procuring of that so hopefull good , all Rulers and Magistrates , yea all ministers of iustice , ( Sheriffes , Counsellors , Aduocates , Iurors , witnesses , and the rest ) ( who are but men , and subiect to sliding , of wilfulnesse or weaknesse ) had neede to receiue their charge and direction , from God and the King , for the better discharge of this important businesse , for the glory of God , who hath highly exalted them , and for the good of others , ouer whom he hath set them : for quò sublimior gloria est , Cyprian . eo maior & cura est , the higher is their honour , the greater ought to be their care , and inlargeth the summe of their future account : Hieron epist. ad Heliodorum de 〈◊〉 vi●ae s●litariae . for cui plus creditur , plus ab eo exigitur ; to whom more is committed , of him more is exacted .

III. Point . The nature of the thing giuen , a Charge . And thus much of the persons , to whom this Charge was giuen : Now I proceede to the third particular ; which is , the nature and qualitie of this thing , which Moses gaue to the Iudges , which is a command , a precept , or a charge . I charged your Iudges .

Now this being a Charge giuen of God and the King , Doctr. who are in degree the highest , it doth charge the conscience in the highest degree , & exacteth imployment both of body & minde , for the exact discharg of this office & dutie ; and that in such sort , that an approued account may be well and readily made , not only to the King and principall Ruler , but also to God himselfe , the King of Kings , and Iudge of Iudges , Exod. 18.25 . euen the Iudge of the whole world . And for this cause it is religiously prouided , that an oath of the King , yea of the Lord is administred to inferior Iudges , yea to Iurors and witnesses , the ministers and instruments of iustice , for the faithfull discharge of this weighty duty , so heaui-charging , if not ouer-charging , the soules and consciences of all , who beare any part in the matter of iudgment .

Wherefore , Vse . by vertue of this Charge , let all be admonished who haue the least finger in matters of iustice ( for it doth not concerne the Reuerend Iudges alone ) let all ( I say ) be admonished in the name of the Lord to account themselues charged to such performance of dutie , as whereof they must be accountant to God and the King . And therefore let religious care be had of all both Iudges , ministers and instruments so to demeane and behaue themselues , as sincere and faithfull seruants of God , and trusly and loyall subiects to the King , that they may receiue for their paines , to their credit and comfort , both humane and diuine applause and commendation .

And thus much of the nature of this speach , in that it is a Charge . Now time and desire do hasten mee forward to consider the time when this Charge was giuen .

IV. Point . The time when this charge was giuen . [ At that time ] that is , assoone as these were elected Iudges . In the fortieth yeare , the eleuenth moneth , and the first day , after their departure out of Aegypt . Two moneths and a few daies before their entrance into the land of Canaan , where this their authoritie was to be exercised ; and not so long before the death of Moses the seruant of God , their principall Ruler , who dyed the twelfth day of the twelfth moneth , as may be collected out of Deut. 34. & Iosh. 1. & 4.

O consider , I beseech you , this charge of Moses to the Iudges , how fit , how timely , how seasonable it was .

1 Assoone as they were selected and designed to this office , that they might deliberately meditate and fore-bethinke themselues of their dutie and charge .

2. Before execution of any part of their function , that in the beginning thereof they might lay such a good foundation , that they might the more hopefully expect successefull proceedings .

3 A little before their entrance into the land of Canaan ( their promised land ) that their inheritance might not be polluted through violation of iustice , in their first possession thereof , and habitation therein .

4 And a little before the death of Moses , their chiefe Prince and Law-giuer , that they might not be left destitute of direction for matters of iudgement , after the losse of so worthie a Gouernour .

Wherefore timely and seasonable ought to be the charge which Kings and Princes giue to their Delegates , Doctr. the Iudges and Magistrates : and which Iudges and Magistrates giue to the People their inferiours ; euen in the entrance of their function , before execution , that they may not swerue from iustice , through ignorance , for want of direction ; nor transgresse through presumption , for want of admonition . And so timely and mature ought to be the charge , instructions , and admonitions of Parents to their children , of Maisters to their seruants , and of all Superiors to inferiors vnder their charge . But to applie my selfe onely to this , this time and occasion .

I onely obserue that its prudently prouided ( which is constantly practised ) that our reuerend Iudges of Assise ( hauing receiued first instructions from the King ) make way in their entrance vnto iudicial processe , Vse . by giuing of their charge : wherein they doe with great learning and pietie , giue such wise directions , such graue admonitions , and such needfull and seasonable exhortations to the bodie of the Common-weale , whom these businesses doe concern : that vnlesse men be simple , they cannot be ignorant , and vnlesse they be wilfull , they shall not make default , in discharge of the duetie and office wherein they are imployed .

And so much of the first generall part of this text , the giuing of the charge . Now I come to the second , and principally intended , the Charge which was giuen ; the tenour whereof is this : Heare the causes betweene your Brethren , and iudge righteously , &c.

Second generall Part. The Charge giuen .

I. Point . Instructions , and Imunctions . In this charge giuen , there come first to our view , the Instructions and Iniunctions , which are giuen to the Iudges , which are in number two : to heare deliberately . to iudge righteously .

And for preparing of our passage to the handling of them , wee are to consider by way of Preface : First , what are the Causes to be heard and iudged : Secondly , what is the Rule of righteous iudgement .

For the first : the Causes which fall into the consideration of Iudges , are ( by Plato ) reduced to two heads : Omnia iudicia aut distrahendarum controuersi●rum , aut puniend orum maleficiorum causa reperiae sunt . In disceptan●● controuersijs , tuenda disciplina . Iustinian . to doe Iniurie : to doe Euill : and ( as Cicero doth accordingly write ) All iudgement was deuised eyther first for the deciding of controuersies , or secondly , punishment of malefactors .

The matters then ( as our reuerend Iudges also tell vs ) are Ciuill , or Criminall , that concerne right betweene man and man , or punishment of crimos . And therefore to giue to euery one his owne , and to redresse iniuries is a principal office of iustice distributiue . And to punish malefactors in causes criminall , is an office of iustice vindicatiue , as necessarie for the good of the common-wealth as the other . Now this charge is to be obserued in all kinds of causes , whether trespasses or crimes : 1. heare : 2. iudge righteously . 2. The rule of righteous iudgement is the Law ; for the Law is a silent magistrate , & the Magistrate a speaking Law : Now the Law , this rule of iudgement , is Humane , or Diuine ; and the order for conformitie of iudgement must bee this .

Mans Law must bee subordinate to Gods Law ; the Iudges sentence to mans Law , and therewithall to Gods Law . Leges cum fuerint instit●tae non licebit indici de ipsissed secundum ipsas ●●dicare . Aug. Lawes beeing once well established , the Iudge must not iudge of them , but by them , as an Interpreter or them : and the Interpreter must haue the same meaning with the Law maker ; otherwise ( wresting wordes strictly , contrary to the meaning ) summum ius becomes summa iniuria , strickt law , flat iniustice .

These things being premised , the directions or iniunctions giuen to the Iudges are two : first , to heare ; and seconde , to iudge . Within which three degrees of iudiciall processe ( which is the lawfull handling of the action ) are included or comprized : first , Hearing ; secondly , discussing ; thirdly , sentencing of causes : vpon which ( as a consequent ) followes execution : or thus , first hearing of the cause , secondly , giuing of the sentence , thirdly , execution of the sentence pronounced ; which some take to be meant by that clause , Yee shall not feare the face of man . But vnder correction , wee may take it thus : These duties as three degrees in iudiciall processe , are giuen in charge by Moses to the Iudges : first to heare causes wisely and deliberately : secondly , to sentence the causes heard , iustly and equally : thirdly , to execute iudgement according to sentence giuen faithfully and exactly : or more briefely thus ;

Three degrees in iudiciall processe . The iudiciall processe hath three degrees ; to heare iustice ; speake iustice ; doe iustice .

To which are required three things in a Iudge , an eye of knowledge , a tongue of truth , an hand of power . And this is also the order to be obserued therein .

1 There must first be hearing , before the sentence be giuen , else how can the sentence be iust ?

2 Sentence must be giuen before execution be done , else how can the execution be warrantable ?

3. Execution must follow vppon sentence giuen , else to what is such processe profitable ? But when causes are deliberately and discerningly heard , so as the truth is seene as in the cleare glasse of wisedome : when Sentence is iustly and equally giuen , as the cause beares weight in the ballance of equitie . And when sentence is throughly and exactly executed , as with a sharpe sword of sufficient power , then are these iniunctions and directions of Moses faithfully obserued , and sufficiently performed .

The first degree . To heare iustice . The first degree in iudiciall processe is the hearing of iustice , or of the cause to be iudged : and this must needes be first ; else no iust sentence can be giuen . Right iudgement doth presuppose sure knowledge . You know the saying ; Si iudicas , cognosce : If yee will iudge , Senec. Trag. take notice of the cause , for the cause must be knowen before it can bee iudged , and first heard , that it may be knowne . Qui statuit aliquid parte inaudita altera , aequum licet statuerit haud aequus erit . Senec. Plaut. Gen. 11.5 . Non humano modo hoc intelligamus , sed vt per hoc erudiamur , nun q●ā temerè fratres condemnandos , neque auditu solo iudicandum , nisi pluribus argumentis priùs certi reddamur . Omnia enim ideo à Deo fiunt & ob hoc tantâ ad erudiendum humanum genus vtitur sermonis attempera●ione . Gen. 18. v. 20. v. 2. And he that shall giue sentence , eyther partie not first herd , though his sentence proue equall , yet is hee not an equall Iudge . The Lord himselfe obserues this order of processe , where it s sayd That God went downe to see the Citie and Tower which the Nimrodians had builded . On which place Chrysostome doth well obserue , that Gods spirit doth declare by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( or humane kind of speech ) that men ought not to condemne their brethren before certain knowledge and notice of their cause . And before the finall sentence of destruction bee passed on Sodome , the Lord first takes notice of their estate ; saying ; Because the crye of Sodome and Gomorrha is great , and because their sin is very grieuous ; I will goe downe now , and see whether they haue done altogether according to the crye of it : which is come to mee : and if not , I will know . The Lord who knew all things of himselfe , will also take notice , as by iudiciall processe , thereby , as in a Table , to commend to our view , as in a liuely picture or perfect patterne , the order to bee obserued in iudiciall proceedings for humane profit and constant imitation . And thus God first heard the Israelites groane vnder the burdens of Aegypt , Exod. 2. v. 22.23 ▪ 24. and then , and not before , he sent deliuerance .

To teach all Iudges , Doctr. who beare Gods-Image and title in their office , to follow him , as their patterne in the execution thereof ; not precipitating sentence before due consideration , & well-weighing , and discerning the equitie of the cause : for if God did so , who is the knower of all things , who cannot be deceyued , misled , or corrupted ; much more ought men giue diligence hereunto , who are daily subiect to be mistaken , through ouer-sight , to bee misled by affection , transported through passion , precipitated with preiudice , and deceyued with colourable pretences , and glosses .

But here I shall not need to prescribe to our reuerend , godly , and well-experienced Moderators of Iustice , but onely poynt at such things , as they know , and which , on occasion , I haue sometimes obserued , to be religiously practised , in their iudiciall processe : and this I shall the rather be bould to speake , that inferiours of lesse , both knowledge , experience and conscience , may take notice of such vertues , for due approbation of them in their betters , and respectiue imitation of them in themselues .

Hearing is eyther 1. simple hearing . 2. Discussing . Now this hearing which tends to the notice of the cause , is eyther a simple hearing of both the parties , or else an accurate discussing , and examining of their euidences and proofes .

The first is the equall hearing of all persons , both actor & reus , 1. Hearing . plaintife and defendant , Small as well as great . Ier 26. v. 2.3.4.12.16 . This was obserued in the arraignement of Ieremiah the Prophet , whom the Priests and Prophets apprehended and conuented before the Iudges , and accused capitally as worthie of death , for denouncing Gods iudgements against Iuda at Gods command : Ieremiahs defence was accordingly heard , & he acquitted by the Princes and Iudges . Ioh. 18.29 . Pilate thus farre demeaned himselfe well in the case of our Sauiour , while hee would not giue credite to the high-Priests accusation , but would heare the poore defendant , as well as these plaintifes , though men of chief place and authoritie amongst them . Nicodemus did reason like a worthie Iudge , and prudent Magistrate ; Doth our Law condemne any man before it heare him , Ioh. 7.51 . and know what hee doth ? But the rest , his vniust and vnequall Brethren , did take him vppe very sharpely for it , and resolued to condemne Christ absent , and vnheard in his iust defence ; whereas the most grosse , and most vile malefactor ought first to be conuicted , by two witnesses at the least ( Deutr. 19.15 . ) before sentence of iudgement be passed against him . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Demosth . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ante meridi●m causam conscito cum perorarint ambo praesentes . 12. Tab. Hee that answereth a matter before it be heard , it is folly and shame vnto him , saith the Wiseman . Prou. 18.13 .

It was the equitie of the Iudges by the law of the Athenians , Ne: visum nec auditum hominem damnare nefas vlti●um censetur ; Ammon . Marcel . Nulla maior iniuria quam indictâ causâ aliquem iudicare . to hear both parties alike . And an Iniunction set downe in the 12. Tables , at auncient Rome : Before mid-day take notice of the cause when both the persons in presence haue pleaded .

And it was alwaies accounted a most haynous offence , Lucianus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato in Demodico ex Poeta . to sentence , or condemne men , their causes not first heard . And prudent prouision is made by all good lawes , that iudgement bee not giuen before the cause bee heard . 2. Discussing . Iudicantem oportet cuncta rimari , et ordinem rerum plēna inquisitione decurrere , quousque ad veritatem perueniatur . E lentherius .

As there must be a simple equall hearing of both the parties ; so must there be an accurate examination and exquisite discussing of the cause . This is the law of God . Deutr. 13. ver. 12.13 . That if the Iudge haue heard of an abhomination done ( as the seducing of Gods people ) he must inquire , make search & ask , and that diligently , ( great is the emphasis and weight of the words ) and if it bee found certainely true , then must hee punish . Deutr. 17.4.5.6 . Ioshuah . 7.22 . 1. Sam. 14.43 . Ionah . 1.8.10 . Ioshuah would not condemne Achan vpon Gods Lot , and his owne confession , vntill hee found ( by search ) his confession to be true : Not Saul Ionathan ; nor the Mariners Ionah taken by lot , vntill examination and hearing of their answer and defence : Ioh. 7. and Nicodemus doth take it an expresse poynt in Gods Law , That a man ought not to be condemned vpon bare hearing , no not till it bee knowne what hee hath done . Thus did righteous Iob , in his legall processe . The cause that I knew not , I searched out , Iob. 29.16 . And thus farre did Pilate well in the cause of Christ , Act. 25.27 . Act. 24 22.27 . Ioh. 18.30 . And Festus the President of Caesaria , and Foelix his Predecessor in the case of St. Paul . And Salomons wisedome was experienced and admired in that first case of the two harlots , who contended for the child , 1 King . 3. when after strict examination , through a wise inuention and semblance of diuiding the quicke childe , he did extort a confession from the true mother , by strange commotion of her naturall affection . And God himselfe doth often inculcate this as the dutie of the Iudge : The Iudges shall make diligent inquisition : Deutr. 29.18 . and for this cause they had neede both to haue , and vse those excellent parts of wisdome and vnderstanding , which God requireth of them , and bestoweth vpon them . Deutr. 1.13 .

How needfull and helpfull in iudiciall processe is the exquisite and accurate discussing of the cause , it may appeare by this ; that the more exactly the cause is discerned and knowne , the more iust sentence may thereof be giuen , as Great Demosthenes did well obserue .

Wherefore there are required ( as you know right well ) in a Iudge or Magistrate in hearing of causes , that they may be equally heard and exquisitely discussed , Things to be obserued in hearing of causes . sundry things to be obserued and practised .

Serious attention to the matter in hand , that no materiall proofe or important reason , tending to euince the equitie of the cause , through heedles neglect be omitted or let passe , without obseruation and notice taken thereof . For as one well learned and experienced saith well : In eo sape quod aures praetervectum est , status causae versatur . Joan. Bodin . de repub. In that oft-times which passeth by the eare , doth the state of the cause consist .

Wise moderation and ordering of the processe ; that impertinent digressions , odious invectiues , and calumnious imputations among pleaders or witnesses , vsed to prejudice the contrary person or cause , be seasonably interrupted , and sharply rejected , and that neither party be hindred , by his aduersaries rash interruptions , and caused to omit , or conceale , what may make for his purpose , and to cleare the equitie of his iust and equall cause . It is the part of the Pleader or Aduocate , Arist. lib. Rhet. onely to declare whether the thing be so or not so , done or not done ; whether iust or vniust the Iudge himselfe must know .

And here I desire the learned and experienced Moderators of iustice to consider , whether ( for the most part ) the wrong-doer be not the more peeuish and clamorous , and best armed with Pleaders and Aduocates against the innocent ?

There must be invincible patience , and vnweariable forbearance , of the slownesse of speach , dulnesse of conceit , rudenesse of behauiour , and other infirmities and weaknesses of many the meaner and inferior sort , whose testimonies for others , or defences for themselues , in iudiciall processe , are of necessitie required . Such wants and defects must be passed by with charitable forbearance and compassionate respect .

All vnquiet affections and inordinate passions , of hatred , loue , enuie , anger , rash zeale , or the like , must be quite put off , and wholy laid aside . Desire and anger are ill Counsellors , worse Iudges . Consultores sunt p●ssimi cupido & ira . Salust . Amor turbat constia . Hieron . Loue troubleth counsels . Enuie neuer speakes well ( that is iustly ) saith our common Prouerbe . Yea , all inordinate affections blind the eyes , and preiudice iudgement , and therefore all dealers in iudgement , especially the chiefe swayers , must speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , without affections . It was the oath of the Heathen Iudges , as the Orator doth report : Audiam accusatorem & r●um fine affectibus & personarum r●spectione . Demosth . I will heare the plaintiffe and defendant with an equall mind , without affections and respect of persons .

Not to insist particularly on more particulars , there must be firmenesse of memory to recall such euidences as were of most moment on either behalfe ; and wisdome and knowledge , and a kind of dexteritie in conferring and comparing cause with cause , and reason with reason ; and iudgement and learned skill in the lawes , both diuine & humane , to weigh the proofes in the ballance of iustice , and to discerne and distinguish of iust and vniust , that so the cause may be fitted for sentence : else cannot the sentence proue iust and equall , Isai. 5.20 . but good shall be called euill , and euill good ; the wicked shall be absolued , the innocent condemned . For that of Augustine is certainly true , Ignorantia Iudicis est calamitas innocentis : Aug. de Ciuit. Dei l. cap. 29. The ignorance of the Iudge is the calamitie of the innocent . It was the speach of a learned man , Quis est qui nescit tam multa in boni iudicis officio posita esse , vt seritissimos etiam ac diligentissimos fugiant ? very well seene and experienced in this kind ; Who knowes not that so many things are required in the office of a good Iudge , that they easily escape the most skilfull and diligent ? And therefore in a word , to conclude this point , all the will and skill , vse and exercise of heart and eare , body and mind , had neede to be imployed in hearing of causes ; that all the weight , of right or wrong , being put into the ballance of equitie and iustice , it may be discerned , by the vnderstanding Iudge , which of the scales is of greater poise and weight .

But for want of these and such like obseruations in this first degree of iudiciall processe , 2 Vse . there was much iniustice and sin committed by Iudges and Magistrates in the case of a a Gen. 39.14 . Ioseph , of b b 2 San. 16.13 . Mephibosheth , of c c 1 King . 21.13 . Naboth , of d d Am s 7.10 . Amos , of e e Mat. 26.59 , 60. Christ Iesus , of f f Act. 6.13 , 14. Stephan , of g g Theodor hist. Eccles. l 1. c. 29. Socrat. lib. 1. c. Athanasius , and very many others , as Histories do record , and experience doth declare .

And thus much of the first degree of iudiciall processe , of the hearing of iustice : Now I proceede to the second degree , which is the speaking of iustice : and iudge righteously . ]

After the cause is discerningly heard , The II. Degree . To speake iustice . then is iudgment to be iustly giuen , and sentence to be equally pronounced : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . not according to affection and fauour ; but according to iustice and truth : according to the prescript of wholsome law , which is the square of equitie ; the law ( I say ) of Man , and the law of God . For as the law of the King , who is the Head of the Common-wealth , is the life of this bodie Politike : so is the law of God the soule of the law of the King ; and as the law of the king ought to be conformed to the law of God , which is the right rule indeed of equitie and iustice : so the sentence of the Iudge must be conformed to the law of God , and the King , that it may be an equall sentence . For the Law is nothing else but a silent Magistrate , and the Magistrate , a speaking law , or a speaker of law . And a Iudge or Iustice is a speaker of iustice , and iudico is ius dico . Judex hine dictus , quod ius populis dicat , quod iure disceptet , id est , 〈◊〉 iudicet : iudex in quo iusi●tia des●d●ratur , esse nequeat Iudex Isidor . And therefore a Iudge or Iustice , in whom iustice is not , is not a Iudge , but by equiuocation . It is the injunction of the law diuine : Iudges and officers shalt thou make : and they shall iudge the people with iust iudgement . Thou shalt not wrest iudgment . That which is altogether iust shalt thou follow . Deutr. 6. v. 18 , 19 , 20. Worthy an Emperor was the profession of Iustinian , which I would commend to your godly imitation : Aequam me vtrique parti , tam in disceptandis controuersiis , quam in tuenda disciplinâ praebebo . N●utri par●i praeter 〈◊〉 & sas ad●●ctus ero . quod si haec non o●ser●au●ro , onu●i●us incommodis ero exp●situs , tam hic quara in futuro se●ulo , in borrè● do indicio magni Domini Dei & salu●toris n●stri Iesu Chrisii : habeboque partem cum Iuda , & lepram c●m Huzziah , & trem rea● cum Cain . Aequum me vtrique parti tam in disceptandis controuersiis , quam in tuenda disciplina praebebo &c. I will shew my selfe equall to both parties ; as well in deciding of controuersies , as in defending of discipline . I will fauour neither part beyond law and right , and if I shall not obserue these things , I shall be exposed to all discommodities , both here and in the world to come , in that dreadfull iudgement of our great Lord God , and our Sauiour Iesus Christ , and I shall haue my portion with Iudas , the leprosie with Huzziah , and trembling with Cain . O memorable sentence worthy to be ingrauen in the very heart of Iudges and Magistrates , with the point of a Diamond , yea with the finger of Gods spirit . And so much of this .

Now we are come to the last degree of the dutie of a Iudge in iudiciall processe , The 3 Degree . To do iustice . which is the doing of iustice , or execution of iudgment pronounced .

After the cause is discerningly heard with the eare of iustice , and the sentence equally pronounced with the mouth of iustice , then must execution be exactly done by the hand of iustice ; both in rendring to euery man his right , and also in freeing the innocent , and punishing malefactors . For vnlesse this exact execution do follow , the former processe is altogether fruitlesse , and tends to no profit or good effect . But in matters of controuersie the partie oppressed stands still vnreleeued , after all his cost and painefull trauaile . And in matters of crime , enormities and disorders remaine still vnreformed . And in both , both Church and Common-wealth stand fearefully surcharged with the guilt of many sinnes . And often for want of due execution of iudgement by the sword of the Magistrate , the sword of Gods wrath is vnsheathed against a Land ; especially for the releeuing of the helplesse oppressed , and in reuenging of bloody and crying sins .

And thus much of the instructions and injunctions giuen to the Iudges , and of the three degrees of iudiciall processe , which are the three duties of a good and worthy Iudge .

Now followeth the second particular obserued in this Charge , II. Point . Parties betweene whom they must heare & Iudge namely the parties whose causes are to be heard and iudged , which are set out in relation : First to the Iudges , your brethren . Secondly , among themselues ; Betweene euery man and his brother ] that is , ( as was said ) of the same Nation , of the same Religion : neither onely so , but of the same nature , And the stranger that is with him : a stranger for kindred , nation , or religion , is yet a brother for common nature and humane condition , and must haue right done him as being a brother .

Your Brethren ] The name brother is a name of speciall relation , and notes out a speciall vicinitie of one vnto another , and some degree of equalitie one with another .

The persons whose causes are to be heard and iudged are brethren to the Iudge ; not , indeed , in function , or equalitie of condition . For herein are Iudges and Magistrates exalted aboue them , Rom. 13.1 . and for this cause they owe reuerence and respect to the Iudges .

As for Anabaptisticall conceits , Confutat . which denie lawfull Magistracie , and would bring in vnseemely paritie , and confused anarchie , they are to be vtterly renounced , and farre abandoned out of the hearts of all true Christians ; and that auncient law is to be embraced , which calleth it sacriledge not to reuerence and obey the Magistrate : and those who do contemne the Magistrate , doe contemne euen God himselfe ( who is the ordeiner and mainteiner of magistracie ) as the Lord himselfe saith vnto Samuel . 1 Sam. 8.7 . Yet is the Iudge to account them his brethren : Brethren ( I say ) in common nature and humanitie , brethren ( it may be ) in grace and Christianitie ; brethren , both in humane condition , and christian profession .

Which consideration ought to stir vp Iudges and Magistrates vnto alacritie and cheerefulnesse in execution of their function ; Doctr. seeing all their imployments & trauels therein tend to the good and profit of their brethren . Now what studie is too vncessant ? what trauaile too toylesom ? what labour too great ? what time too long ? what tolerancie too tedious , in procuring the weale and welfare of their brethren ? Especially , seeing they are set apart to this honorable imployment , by ordination and injunction of God and the King , who haue highly aduanced them aboue their brethren , to be Iudges and deciders of their persons and causes . Cypr. Quo sublimior gloria est , eo maior & cura est : The higher is their glory , the greater should be their care . Wherefore I beseech you from the Lord , most reuerend Iudges , heare the causes , and iudge righteously betweene your brethren , for they are your brethren .

But if one only or some few were brethren to the Iudge , and not the rest , Nemo fere est , qui sit bonus index in suis rebus . Arist. polit. lib. 3. Insitum est mortalibus cunctis , vt se & sua ament , & sint benigni in suis causis . Senec. Lege decernimus neminem sibi essi indicem , aut ius dicere debere . Imper. Cod. lib. 2. tit . 5. Qui iurisdictioni praeest neque sibi ius dicere d●bet , neque vxori , vel liberis , vel caeteris quos secum habet . then were he not a fit and a competent Iudge , for then were the case in some sort his owne , and few are fit Iudges in their owne causes . For its inbred in all mortall men , to loue themselues and their owne things , and to be kind and fauourable in their owne causes . And therefore the auncient lawes of Emperors forbade that men should be Iudges to giue sentence for themselues . And it is an assertion of that great Lawyer Vlpian , that no man ought to be Iudge for himselfe , or his wife , or children , or the rest that are neere vnto him .

But now the parties are all brethren among themselues , aswell as to the Iudge ; and that in nature , nation , and profession of religion , as the Iewes were , and as we are . And why should men contend , seeing they are brethren ? why should men defraud , oppresse , rob , spoyle , maime or murther their brethren ? It is a very great both sin and shame , that men of the same Nation and language , who liue vnder the same King and lawes , who enjoy the same liberties and priuiledges , who are linked together in neighbourhood and acquaintance ; yea , who partake in the same communitie of grace and communion of glory , should not liue in loue together , and keepe the vnitie of the spirit in the bond of peace , Ephef. 4 3. but defraud , oppresse , and injure one another .

And if , through their owne corruption , and Satans malice , they fall at variance , discord and controuersie , then surely such as are designed and appointed by God and the King to performe and execute the most honorable office and function of Iudges and Magistrates , ought to vse their best endeauour , to compound controuersies , to right wrongs , to punish crimes , and by all good meanes to procure both publike and priuate peace , that all men may liue safely , quietly and louingly together , because they are brethren .

Lastly , suppose any be a stranger , for particular nation , or profession of religion , yet is he still a brother in common nature and humane condition ; and therefore must haue iustice done to him , as being a brother , both vnto the Iudge , and vnto his neighbour .

Heare and iudge righteously between a man & the stranger that is with him ] All men were created one in nature , reasonable creatures , all were instamped with the image of God , all retaine their simple nature , though all haue not recouered Gods image , but remaine corrupted ; and all must haue iustice , for it s founded in nature . Yea and for a Christian Iudge not to doe iustice to an Ethnick or pagan contending with a Christian , were to abuse his function , to blemish his religion , to harden the Pagan in his infidelitie and sin : And not to right a Christian contending with a Pagan were , besides the abuse of his function , to neglect his dutie to one deare to God . Fit it is that he should receiue equitie and iustice at the hand of the Iudge , who hath found grace and mercy at the hand of God . Among the Iewes there was one Law for all , for the stranger , and for one of their countrey : if either sinned , either must be punished . Leuit. 24. v. 16 , 22.

The summe of all is this . All men are brethren to the Iudge himselfe , therefore he must in loue and dutie labour to releeue them all . All are brethren amongst themselues , therefore he must haue equall respect for righting of them all .

Wherefore , as Moses from God said to these Iudges , so I , from the same God , say vnto you all , most reuerend Iudges , and all ministers of iustice , Heare and iudge righteously betweene your brethren , and betweene euery man and his brother , and the stranger that is with him .

And so much of the persons : III. Point . Admonitions or Cautions . Now I proceede to the third particular obserued in this charge , namely , The admonitions or cautions giuen to the Iudges , against pestilent impediments which are frequent enemies to equitie and iustice , which are in number two .

1. Acceptation of persons , for sinister respects . 2. Feare of mens greatnes , who will be offended at iustice .

The former admonition or caution is against that principall impediment of iustice , The first impediment of iustice . acceptation of persons ; which is set downe 1. Negatiuely , so that the vice is forbidden , Yee shall not respect persons in iudgment . 2. Affirmatiuely , so that the vertue is commanded ; You shall heare the small as well as the great .

Acceptation of persons , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnjust and vnlawfull , is such by and outward respect had of the person , as doth nothing make for the equitie of the cause ; and yet drawes the Iudge , Iuror or witnesse , or other ministers of iustice , to doe vnequally in case of iudgement , by reason of his vnequall respect to the person : as when mens vnjust and vnequall causes are fauoured and furthered , for amitie , enmitie , hatred , or loue , for bribes , wealth , kindred , authoritie , or the like : and where causes are ouerthrowne and persons condemned for want of friends , money , or such outward respects , though their causes be iust or persons innocent , or not deseruing such seueritie of censure . This accepting of persons is iudiciorum pest is , the plague of iudgements , and flatly forbidden in Gods sacred word , Leuit. 19.15 . Yee shall not doe vnrighteously in iudgment , thou shalt not respect the person of the poore , nor honour the person of the mighty ; but in righteousnesse shalt thou iudge thy neighbour . Partiall pitie is not to be shewed to the poore and base , because he is poore and base : and partiall fauour is not to be shewed to the rich and honorable , because he is rich or honorable : but according to the equitie of the cause , must be the equitie of the iudgment . Prohibitions of the contrary are frequent in Gods word : Thou shalt not speake in a cause , to decline after many , to wrest iudgement ; Exod. 22.2 , 3. neither shalt thou countenance a poore man in his ( vnrighteous ) cause . It is not good ( that is , it is very ill ) to accept the person of the wicked , Pron. 18.5 . to ouerthrow the righteous in iudgement . The like is found Prov. 24.23 , 24. Prov. 28.21 . The Lord doth detest this abhominable sinne Esa. 61.8 . I the Lord loue iudgment , and hate robbery for burnt offering : that is , though a thing gotten by peruerting iudgement , were put to the best vie that can be , as to a sacrifice to God , yet God doth abhorre it . Yea the Lord accurseth to the pit of Hell , such as peruert the iudgment of the stranger , fatherlesse , and widow Deutr. 27. And denounceth a fearefull woe against them , who iustifie the wicked for a reward , and take away the righteousnesse of the righteous from him . And for such sins God sends most fearefull visitations . Icrem . 5. Amos 6.

Whence this abhominable sinne doth spring is better knowne by bad experience , then by tongue or pen can bee expressed . It commonly sprowts out from the poysoned root of bribery ; and therefore they both are ordinarily forbidden in one period of speach , by one breath of the Lord : Deut. 16. v. 18 , 19 , 20. Thou shalt not respect persons , nor take a gift : for a gift doth blinde the eyes of the wise , and peruert the words of the righteous . and therefore couetousnesse , the roote of all euill , is the stepmother of iustice , 1 Tim. 6.10 . as Augustine well speakes .

It ariseth also from many other grounds , as from loue , friendship , hatred or enuie , wrath , and rash zeale , impatience , and such like affections and passions ; which blind the eye , or transport the will , so farre that the person affected therwith doth swerue from the rule of equitie and iudgement . Let him put off the robe of a Iudge , Exuat personant iudicis qui induit ami●i . who putteth on the cloake of a friend ; it s Ciceroes prouerbiall sentence . They cannot iudge worthily of such as are vnder them , Dignè de subditis iudicare ne . queunt , qui non merita causarum , sed person●rum odium & gratiam sequuntur . Greg. moral . who follow not the merit of the causes , but the hatred or loue of the persons .

Whencesoeuer it ariseth or whatsoeuer is the ground of it , sure it is a great and grieuous sin , and requires both speedy and exact reformation . For the remedying whereof some of former times would haue causes propounded without mention of the parties : others had their Iudges couered with a vaile , that neither plaintiffe not defendant should come in their sight : others did exercise iudgments in the night : others did iudge before the Attars of their Gods . But to omit those heathen deuices for reformation of these euils , and that famous example of Traiane the Emperor , of whom it is recorded , that he did neuer man wrong in iustice , neither at any time had affection or passion in giuing iudgment : we who are Christians haue better grounds of restraint , namely , the feare of God , and the direction of his word , and the examples of godly and conscionable men . Consider two , of Moses and Samuel , who could in good conscience appeale to the Lord , for the clearing of their vprightnesse and vncorrupted integritie ; and whom I perswade my selfe you ( reuerend Iudges ) do religiously imitate , and desire to be like vnto . Moses . Lord I haue not taken one Asse from them ( saith Moses ) neither haue I hurt one of them . Deutr. 16.15 . And thus Samuel pleadeth for his integritie : Samuel . Behold here I am ( saith he to the people ) witnesse against me before the Lord , and before his annoynted : whose Oxe haue I taken ? or whose Asse haue I taken ? or whom haue I defrauded ? or whom haue I oppressed ? or of whom haue I receiued any bribe to blind mine eyes therewith , and I will restore it you . And they sayd , thou hast not defrauded vs , nor oppressed vs , neyther hast thou taken ought of any mans hand . Be therefore , & continue such as you should be , and such as I doubt not but you are , men fearing God , Exod. 18.21 . and hating couetousnesse . O , let the feare of God be in your hearts , and these godly examples before your eyes , and pray with Dauid , for your selues , vnto God . Psal. 26. v. 9.10.11 . Lord gather not my soule with sinners , nor my life with bloudie men , in whose hands is mischiefe , and their right hand is full of bribes : And keepe that holie resolution of Dauid , and thus promise vnto God ; As for mee I will walke in mine integritie : redeeme mee , and bee mercifull vnto mee .

The second impediment of justice . The other impediment and enemie of iustice , against which these admonitions and cautions are giuen , is feare of mens greatnesse , who will be offended at iustice ; yee shall not be afraid of the face of Man .

Great men are not alwayes good men : and great-good-men , are not ( alwayes ) so good , as not to defend or fauor any vnrighteous cause . Sometimes they grow partiall in cases of judgement : and if Iudges and ministers of justice be fearefull to offend them , they shall hardly deale well for good causes of meane men , for feare of the persons of great men .

Pilate hearing , Ioh. 19. v. 12. In hominum gratiam iustitiam peruertit , & ius inflectit . Pluris facit imperatoris Romani quam Dei gratiam . Facit contra propriae conscientiae testimonium , & oris sui enunciatum . and fearing , that he should not bee accounted Caesars friend , if hee should let our Sauiour Christ goe , was so quelled with feare , that contrarie to his conscience and his owne mouthes restimonie , he did adiudge our Sauiour Christ ( though innocent ) vnto a shamefull and opprobrious death . And , sure it is , this seruile feare troubles the mind , distracts the thoughts , and corrupts iudgement , and makes the mouth to speak against the conscience , to cleare the wicked , to condemne the innocent . And therefore for the preuenting of such feareful corruption , God required these properties in Iudges , that they should be men of courage , fearing God , Exod. 18.21 . Prou. 1.7 . &c. The feare of God is the beginning of Wisedome , and foundation of other most excellent vertues : Among the rest , of vndaunted courage , and maketh resolute in good and godly causes : Facile a iusticiâ deniat qui in causis no● . D●um sed homines pertimescit . Chrysost. Pietate sublata , fides tollitur . Cicero . Euseb. de vitâ Constant lib. 1. c. 11. Gen. 20.11 . whereas hee doth easily slip aside from equitie and iustice who stands not in feare of God , but of men saith Chrysostome . For take away pietie , fidelitie is gone : as we see in the vnrighteous Iudge . Luc. 18. v. 2.3 . And as Constantius Chlorus , Father of Constantine the Great , did well experience in his Counsellors and Courtiers . It was Abrahams conclusion : The feare of God is not in this place , therefore they will kill me .

Wherefore ( to conclude this ) these pestilent impediments of equitie and iustice , this and the other , being farre remoued , by Christian courage , feare of God , and hatred of couetousnesse , I most humbly beseech you in the name of the Lord , both Iudges and Magistrates , and all ministers of iustice , Isai. 28s 17. Lay iudgement to the rule , and righteousnesse to the ballance . Let iudgemet be brought forth in truth , and let the glorie of iustice extende it selfe like a flowing streame . Let iudiciall processe equally proceede in hearing , sentencing , executing of iudgement without needlesse protraction , and vniust delay : and for the better inducing of your godly minds hereunto , consider the reason annexed in this Charge , for the iudgement is Gods .

IV. Point . Reasons for obseruation of the Iniunctions , and Cautions . [ For the iudgement is Gods ] The reason why Iudges and all ministers of iustice ought to performe these iniunctions , and obserue these cautions , in iudiciall processe is this ; for the iudgement is Gods : yea , and to annexe vnto this . that which was premised : The Charge is from God .

And to speake hereof but paraphrastically for breuities sake : The first reason . [ The iudgement is Gods ]

1 The Ordinance of iudgement is the ordination of God , by his wise and immutable counsell and decree . Rom. 13. and must be vsed faithfully , as the ordinance of God .

2 The Person who iudgeth is a person sent of God , by his most wise and prouident dispensation . God made thee a Iudge , Magistrate , Iuror , or Witnesse , by his gracious ordination , or prouident permission , and thou must deale faithfully as the minister of God .

3 The Person sustayned by the Iudge is Gods : for he is the delegate deputie and minister of God : and though for nature , condition , and qualitie , but a man : yet for title and office , and authoritie , a God , and must square his iudgement to the will of God . Psal. 82.

4 The causes and persons to bee iudged , are Gods , mans life is Gods , his goods are Gods , the man is Gods , and God is his Father , or master , but surely his owner , and must be delt well withall , as belonging to God .

5 The iudgement , as ( if it be righteous ) God did effect it , so will hee approue , auow , defend , and reward it . and therefore it must bee such as may be auowed of God .

The second reason . And now to end where I first did beginne : The Charge is from God , for the doing of iustice , and he doth enioyne and require the doing of iudgement ; and wil one day call to account for what is done , not onely by his Deputie , that little God of thy Conscience , who wil sentence thee secretly , if thou doe amisse .

But he that is higher than the highest , Eccl. 5.7 . the great God , and our Sauiour Iesus Christ , the righteous Iudge of quicke and dead , will iudge thee openly before his dreadfull Tribunal . God will bring to iudgement euery worke , Et quid faciet de iniustis iudicijs ; qui ipsas quoque iusticias iudicabit , qui cuique merita recitabi● ? Bern. Epist. with euery secret thing , whether it bee good , or whether it bee euill , Eccles. 12.14 . And what will he then doe with vnrighteous iudgements , who will then iudge euen iustice it selfe , who will recite to euery one his owne deserts ? The Lord of iudgement will come , Veniet , inquam , veniet Dominus iudicij , vbi plus valebunt pura corda quam astuta verba , conscientia bona quam marsupia plena : vbi iudex non fa●●etur verbis , non flectetur donis . 2. Cor. 5.10 . will come I say , and there pure hearts shall preuayle more than subtile words , good conscience than full purses : when the Iudge shall not bee deceiued with wordes , nor ledde with rewards : but will giue to euery man according to his workes : and euery one shall receiue according to that he hath done in the bodie , whether it be good or euill .

Thus by Gods gracious assistance and your Christian attention , I haue spoken somewhat of the principall parts and passages of this charge of God , and the King , to Iudges and Magistrates , and all ministers of iustice : as namely , first of the instructions and iniunctions for right hearing and iudging : secondly , of the persons whose causes are to bee heard and iudged : thirdly , of the admonitions and cautions against pestilent impediments which are frequent enemies to equitie and iustice , accepting of persons , and feare of mens faces : fourthly , of reasons to enforce the performance of the instructions and obseruation of the cautions ? There onely remaines the case of reseruation .

Now that iudiciall processe may bee rightly conformed vnto this charge of God and the King , it must be ordered with great counsell and wisedome , and dependeth much vpon the wisedome and faithfulnesse of all the ministers and instruments of iustice ; but lyeth most in the wise discretion and religion of the Iudge ; who must wisely consider all reasons and circumstances , for the prudent ordering of such important affaires , both in matters of controuersie , and punishment of crimes . In both which I would intreat you from the Lord , In iudiciall processe , two things principally to bee respected . that you would haue most speciall regard that there bee mature progresse , in iudiciall processe : 2. and also equall moderation in punishment of malefactors .

1. Mature progresse . The former of these , which I would commend vnto your care , is mature progresse in iudiciall processe , in hearing and sentencing , and executing of sentence , with all readie dispatch and conuenient speed , without procrastination , or vniust delay .

The Lord himselfe enioynes this vnto Iudges . Deutr. 25.1 . If there be a controuersie betweene men , and they come into iudgement , that the iudges may iudge them , then shall they iustifie the righteous , and condemne the wicked . [ Then ] that is , maturely without needlesse delay . Our Sauiour , in the Parable , doth note it as a marke of an vniust Iudge , who is void of all feare of God , Luc. 18. and regard of man , that he deferred to doe iustice to the importunate widdow . Iudges and Magistrates must in no wise bee like vnhappie Faelix , Act. 24.27 . who left Paul in bonds in hope of bribes : but like vnto Festus his more equall Successor , who hearing that Paul was kept bound at Cesaria , promised to goe verie shortly thither , and the very next day after his comming thither , Act. 25.6 . conuented him , examined and handled his cause , though he fayled in the processe of this businesse , for feare of the Iewes .

This vniust delay of iudiciall processe , hath beene an old and auncient corruption : for reformation whereof , sundry Decrees were made by those worthie Emperours , Constantine , Iustinian , Gratian , Valentinian , and Theodosius , against procrastination and dilatory courses , in matters both of controuersie and crime .

In matters of Controuersie , thus Iustinian doth define . L. Properandum C. de iudicijs Iustin . Imperat. Properandum nobis visum est ne lites penè fiant immortales , et vitae hominum modum excedant . In causes of controuersie it seemes good to vs that hast bee made , least causes depending become immortall , and exceed the measure of the life of man . Causae pecuniarum , et ciuiles omnes , quocunque nomine veniant , & cuiuscunque sint quantitatis , non vlterius quam ad triennij spacium extendi iubentur . ibid. And what a great and grieuous both sin and shame is it , especially in Christian common-wealths , that the Sonne , the aged Sonne , should not liue long enough , to see an end of the tedious suits of his intangled Father , who trode a maze in his endlesse prosecution of Law , for the relieuing of his still vnrighted wrongs ?

In matters of Crime , so saide the auncient Lawes , Sic C. L. 1. de custodia reorum Constantinus imp●edicit . statim debet quaestio fieri , vt noxius puniatur , innocens absoluatur . Arraignements ought speedily to be made , that the guilty may bee punished , the innocent absolued : and againe , De his quos tenet carcer inclusos aperta definitione sancimus , vt aut conuictos velox poena subducat , aut liberandos custodiadiuturna non maceret . Imp. p. p. p. Gratian . Valentia . & Theodosius , decernunt . Concerning those who are in prison , we doe by expresse definition enact , that eyther speedy punishment shall make away the guiltie , or continuall imprisonment shall not wast the innocent .

Our Lawes no doubt for decision of controuersies are both as perfect and expresse as these : and therefore is it not a fowle offence , and a fearefull sinne in any Iudges or Lawyers , or other ministers of iustice , to set to sale their heads and tongues , their wits and words , their places and functions , for the warping and weauing on of the webbe of controuersies , & protracting of causes , through needlesse delay , for priuate respect of gayne , fauour , or enuy ; without due regard to common equitie , or publique tranquillitie , or weale and welfare of Church , and Common-weale .

Reasons against vniust delay of iudgment . In this case it s too true ; Delaye breedes danger : daunger of Vndoing to the partie oppressed : danger of presuming , to the person oppressing : danger of hurt to the party procuring delay : and danger of ruine to Church and Common-weale .

It grieues the heart , Reas. 1. & excruciates the soule of the partie oppressed , to beare such a cruell and detestable iniury , when vnder plausible pretence of Law , iudgement , and iustice , hee is not onely delayed from his right , and spends himselfe in prosecuting for it : but withall incurres suspicion of one wicked and vniust , as if hee himselfe were the doer of the wrong . He that shall thus oppresse the iust in his righteous cause , doth touch the apple of Gods owne eye , which is a fearefull and dangerous sinne , and prouoketh the Lord to reuenge the oppressed .

Griefe constraineth the iust , 2 who finde no releefe , by iust order of law , to take vniust and vnlawfull courses , as calumnies , quarrels , contentions and brawles , to releeue and remedie their vnrighted wrongs ; and sometimes , through impotencie of humane affections ( especially in women more conquerable of passions ) poysonings , and murthers of their oppressing aduersaries ; and so with danger of their lands and goods , they indanger the losse both of bodies and soules ; and shall not the vnjust occasioner of such euils communicate in the sinne , and partake in the miserie ?

Hereby is a wide flood gate opened and inlarged , whereby hatred , 3 contentions and capitall enmities are propagated and diffused by partners and kindred , ouer whole families , villages , Cities , Countries , and Kingdomes , which administer matter for mutinies and slaughters . For the contentions of the proud are shedding of blood : Sirach . 27.16 . and their scouldings are greeuous to heare . And is not hence danger of ruine to the State ? And who is the cause of all this mischiefe , but hinderers and peruerters of equitie and instice ?

Or if such outward mischiefe do not hence ensue , 4 yet hereby is Gods worship and exercises of religion ( as by an euill spirit and hellish furie of discord ) disturbed and poysoned , while mens minds are distracted and exasperated with continued lawings , and dissentions : so that they can neither heare the word with attention and profit ; nor pray priuately or publikely with deuotion or zeale : nor receiue the Sacraments with any quiet or comfort . And shall not the vnjust hinderers of iudiciall processe , from finall deciding of actions and controuersies , stand guilty , before the Tribunall of God , as disturbers of diuine worship , and breakers of spirituall peace ?

Hereby is iustice it selfe profanely abused , 5 and God himselfe the God of iustice , and prescriber of equity , most impiously contemned & monstrously dishonoured , as if he himselfe were vnequall or vnjust . For when his Delegates and Deputies do peruert judgment , they make God himselfe ( asmuch as in them lies ) to become author and approuer of their detestable impietie .

All Indges , Counsellors , 6 Attourneyes , Sollicitors , Sheriffes , Iurors or witnesses , or other ministers of iustice , who by corrupt abuse of Gods sacred ordinance of iustice , open a flood-gate , or window to such enormities and euils , shall themselues be convented ( vnlesse they repent ) before the most dreadfull Tribunall of God , there to be convicted and sentenced for their fearfull offences .

All innocent persons , who haue bin oppressed , 7 yet by piety restrained from vnjust reuenge , and preserued , by Gods grace , from vnlawfull remedies , shall yet in priuate put vp their complaints with sighes and groanes to the Iudge of Heauen , who as their kind patrone and powerfull protector shall take vengeance and punishment on such malefactors , as haue not releeued but vnjustly oppressed ( and that vnder pretence of law ) such helplesse ones in their distresses and miseries . The soune of Syrach in his Ecclesiasticus ( though it be not Canonicall ) describes this very well , Ecclesiast. 35. saying . v. 12 , The Lord is Iudge and regardeth no mans person — but heareth the prayer of the oppressed . 13. Hee despiseth not the prayer of the fatherlesse , 14 , nor the widow when she powreth out her prayer . Do not the teares runne downe the widowes cheekes ? 15. and her cry is against him that causeth them . ( for from her cheekes they doe go vp to heauen , and the Lord which heareth them doth accept them . Yea the Lord in the Scripture is frequent in denouncing of punishments and iudgments on peruerters of iustice . Ier. 5.29 . Amos 6.12 , 13. Habac. 1.3 , 4 , 5. and else where .

These things being so ( beloued in the Lord ) that graue aduice and godly exhortation of King Iehosaphat to Iudges appointed by him , is worthy to be painted on the walls of all Courts and Iudgment-seats ; yea to be ingrauen in the hearts of all Iudges and Magistrates and ministers of Iustice 2 Chron. 19.6 . Take heede what yee do ; for yee iudge not for man but for the Lord ; who is with you in the iudgment . Wherefore now let the feare of the Lord be vpon you : take heede and do it : for there is no iniquitie with the Lord our God , nor respect of persons , nor taking of gifts . and remember this charge of the Lord and Moses : Heare the causes of your brethren and iudge righteously .

2. Equall moderation of iustice . And thus much of the first thing much to be respected in iudiciall processe , which is mature progresse , or speedy proceeding therein : Now followeth the second , which is mitigation or moderation of the seueritie of iustice . And to speake of it as far as it extends to the exercise of ciuill discipline and punishment of malefactors . As iudgment must proceede according to the prescript of law : so must great wisdome , discretion , and religion be vsed that it be so guided between iust clemencie and needfull seueritie , that the sentence be equall , and tend to publike good .

Proemijs & poenu . Solon . Quando ciues omnes poenarum metu à malesicijs abstiments , & benesiciorum praemȳs inritati officium facere student . Demost. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Common weale ( as one well said ) is conteined in two things , rewards punishments . and then doth it flourish ( as another obserued ) when all the Citizens or subiects thereof abstaine from cuill-doing for feare of punishment , and are invited to do dutie in hope of reward : and that it may flourish , it s the dutie of the Magistrate to punish the bad , and to reward the good .

It s rather to be wished than hoped , in this our corrupt estate , that all would abstaine from vice for loue of vertue , and hope of reward , Meliores sunt quos atrigit amor , sed plures quos corrigit timor . and for good conscience rather than for feare of punishment : but so seruile and vicious is the nature of man , that it hath neede to be curbed and restrained from euill , by threat and execution of correction and punishment : and therefore punishments are prouided , that euill ones might be taken out of the way , Vt his tollantur mali si esse nocentes volinrint , aut emendentur si per negligentiam aliquid admiserint Sen c. de irâ lib. 1. L rispiciendum de poenis . Nesp sl●a sitauitas conciomor , aut vtihor harmonia ▪ quam seucritas cum comitate coniuncta . Plutarch . in Phocion . if they will needs do harme , or may be amended if through neglect they did amisse .

In proceeding to iudgement against malefactors , mercy and iustice must meete together , clemencie and seueritie must kisse each other . There must be a mercifull clemencie , yet ioyned with iustice , and a iust seueritie , yet moderated with equitie , lest strict law proue flat iniustice : neither is any sweetnesse more seemely , or harmonie more profitable , than is seueritie ioyned with humanitie . Iudgments thus moderated , do please both God and man . — Moderata placent hemintque deoque .

The Stoickes assertion is not consonant to reason , that all sinnes are equall : nor Dracoes bloody lawes consonant to iustice , that all crimes are to be punished with death . there are degrees of sins , and of punishments : Spare must be made euen of the basest blood . Pareimonia debet esse etiam vilissimi sanguinis . Senec. de clem : lib. 1. Life is deare , death terrible , and the liues of men must be precious in their eyes , who deale in matters of life and death . And a verdict of death must not be brought in vpon slight suspicions and vncertaine proofes . It were better a guilty person were causlesly absolued , then that the innocent should be vniustly condemned , that is a sinne , but this is impiety , a much more heynous , and more grieuous sin . Which I desire the Iurors would looke vnto , who , not seldome , offend , and that grossly , in this kind , in bringing within the compasse of death , such as of right ought to be acquitted . In this case that rule is safe and good : Placuit in omnibus rebus potiorem esse iustitiae aequitatisque quam stricti iuris rationem . lib. 1. C. de iudicijs . It s better to haue respect to iustice and equitie than to strict law . Rashnes in condemning men is to be auoyded : for he almost condemnes willingly that doth it quickly . and too much seueritie must euer be abandoned , for he doth punish vniustly that punisheth too much .

Yet for all this there must not be such clemency as doth prejudice equitie : for so , sin shall abound , and if iustice presse not the vniust , then shall the iust be oppressed with iniustice : and the harmelesse , help-lesse , and innocent sheepe shall be exposed to the rage of wolues and rauenors . Too much clemencie breedeth impunitie , and causeth liberty and licentiousnes in sin . In this case the Iudge must not be milder than the law : for wholsome seueritie , which common reason doth suggest , and publike order exacteth , doth excell the vaine shew of clemencie & mercy . There is both a punishing mercy , and a sparing cruelty . Such clemency is but a mercilesse pitty , as armes malefactors against the innocent . He hurts the good that spares the bad . Bonis nocet qui malis parcit . sos . Scalig. Non est inhumanit as sed potius su●●ma quaedam est hum●nitas , cum malti paucorum animaduers●one saluantur . and therefore it s well concluded by Iustinian in his Nouell Constitutions : It is not inhumanitie , but rather speciall humanitie , when many are saued by the punishment of a few . Iudgment must passe with needfull seueritie against notorious and euident malefactors ; as for treasons , poysonings , murthers , and the like heynous crimes ; vt poena ad paucos , metus ad multos perveniat : That punishment may fall on a few , feare on many . For some few must needs be punished , that more may be terrified , and all may be amended , or restrained from euill . This is the sentence of the Lord himselfe against a false-witnesse-bearer : If the witnesse be a false witnesse , and haue testified falshood against his brother : Deutr. 19.16 , 17 , 18 , 19 , 20 then shall ye do vnto him , as he had thought to haue done vnto his brother . So shalt thou put away the euill from among you ; and those which remaine shall heare and feare , and from hence-forth shall commit no such euill among you . And thy eye shall not pitie , but life shall go for life — . and the morall law doth eternally establish that the wilfull murtherer should die the death . Gen. 9.6 .

I acknowledge indeed that famous Emperors haue bene much admired for clemencie and pitie ; Suet. Vesp . as Titus Vespasian , who wept for just executions . and whereas the Emperors themselues vsed then to iudge of life and death , Tranquill , in Tito . he was hardly drawne to giue iudgment at all , and vtterly vnwilling to condemne any to death . Mauricius , who by his good will would not haue so much as a Traytor die . Euagr. l. 6. c. 1. Augustus , in prudence second to none , yet being to examine a parricide , began thus : ●an . Bod. de rep. lib. 4. cap. 6. Certè patrem non occidisti : Surely thou hast not slaine thy father . In which words he did not onely instruct the guilty person what he should answer to the Prince and Iudge , but also in admirable humanitie did pardon the parricide . Theodosius , Socr. lib. 7. c. 22. who was wont to wish that he could recall to life such as had wronged him . Nero himselfe , otherwaies cruell , who being asked to subscribe to a sentence of death , gaue this answer , Vtinam liter as nescirem , I would I could not tell how to write .

But be it granted that Clemency is a princely vertue ( as the King of Bees is without a sting ) and Bounty another , Nihil est quod Imperatorem meliùs commendat gentibus , quam Clementia . Antoninus ad Coniugem . Valcatius in vita Cassij . which winnes much loue : for which cause Titus Vespasian was accounted the loue and delight of mankind : yet excesse herein is no vertue but a vice , when it hinders the current of needfull execution of iustice . And nothing is so contrary to the office of a Iudge as such mercy , when the Iudge becomes more mild than law in sparing the execution of notorious malefactors . Such impunitie of grosse offences , is ( as one saith ) a most certaine argument of the perishing estate of a Common-wealth . Punishments duely executed are the sinewes of the weale-publike . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Demosthenes .

True , indeed , in cases of difficultie there must be inclination to mercy . In lesser offences ( once or seldome committed ) mitigation of seueritie . Frequenter qui peccant & lugent , veniam vix merentur : Such as often offend though they mourne for their fault , yet scarce deserue pardon saith Augustine .

And Christian compassion in seueritie of censure commiserating the misery of a guilty person , beseemes a Christian Iudge , who ( when he pronounceth the sentence of death ) may with Augustus , Seneca in lib. de Clementia . ex imo pectore suspiria ducere ; fetch deepe sighes from the bottom of his heart , and be more sorry for them , than they are for themselues : yet law must haue course , iustice must be done , that euill may thereby be taken away , that others that heare may feare , and doe no more so presumptuously ; and that the land stand not before God guilty of blood : lest Gods sword be vnsheathed , and his hand strengthned to the reuenging of so great and so sinfull conniuencies , when impunitie is permitted to bloody crying finnes . In few words to conclude this point : As those Iudges or Magistrates are not to be imitated , who in acerbitie of punishments affect the opinion of seueritie : so neither those who by too much facilitie seeke loue and affect the opinion of lenitie . Both these are faults in the extreme , swaruing from the office of a Iudge , l. resp●●iendum de poenis . as auncient lawes do teach and declare . Equitie walkes in the golden meane betweene rigorous seueritie which punisheth any too much ; and cruell mercy which spareth a few to the hurt of many .

Application of the doctrine to sundry orders of Persons . Now it remaineth that I should apply this charge , for iustice , of God and the King , giuen by Moses to the Iudges of Israel , to our Honorable and Reuerend Iudges here present : neither to our Reuerend Iudges alone , but to all those ministers and instruments of iustice ( sundry persons of different qualitie ) who concurre as assistants in the dispatch of this busines . But because my speach hath already passed the bounds of the allotted time , I seeme vrged by necessitie to forbeare the same , and to commend the particular application thereof , to your priuate , deuout and godly meditations . yet hoping your wisdomes will redeeme a litle time , by cutting off some lesser occasions ; I will make bold to speake a litle to the principall of those persons , whom this charge doth so neerly concerne .

My Honorable Lords , you the reuerend Iudges of these Assizes , 1 To Iudges . I shall not need to speake much vnto you : because the Lord in mercy hath bestowed vpon you ( to speake ( as I am well perswaded ) without flatterie ) a great measure of wisdom & piety to deale in matters of iudgment iustly and conscionably , and you haue right well approued both to King and Country your fidelitie and sinceritie in execution of your function ; in so much as we blesse God for you , and pray to God to blesse you , that you also may continue a blessing vnto vs . Yet giue me leaue to put you in minde of this your charge from God & the King : Heare the causes between your brethren , and iudge righteously . Your wisdome and long experience haue taught you well , that that of Chrysostome is very true : Ipsam causae inuenire iustitiam grande opus : Lib. 3. de Sacerdotali dignit . cap. 18. inventam verò nulla iniquitate corrumpere labo riosissimum : To find out the very iustice of the cause is a great worke . and therefore you had need to be very circumspect therein . and when it s once found out , then to corrupt it by no iniquitie is a most laborious thing , and therefore you had neede to be very vpright therein .

And that I may ioyne with the reuerend Iudges , those worthie magistrates , 2. To Iustices of Peace . the Iustices of Peace : you well vnderstand what a fearefull sin it is to turne iudgement into Wormewood , Amos. 5.7 . and to leaue of righteousnesse in the Earth . Ames 6.12 . To turne iudgement into gall , and the fruit of righteousnesse into Wormewood . Ier. 5.28 . To ouerpasse the deedes of the Wicked , to execute no iudgement , no not the iudgement of the fatherlesse , to execute no iudgement for the poore . What a fearefull sinne were it for any of you to suffer through your neglect or partiality , iust iudgement neuer to goe forth : Heb. 1.4 . but the wicked to compasse about the righteous , and wrong iudgement to proceed ? These are fearefull sinnes in Iudges and magistrates , for which the Lord did sharpely threaten , and seuerely punish his owne people .

Wherefore , I earnestly beseech you from the Lord , continue still , if you haue begun , to be men of courage , fearing God , dealing truely , Exod. 18. Esay . 1.17 . and hating couetousnesse . And seeke iudgement , relieue the oppressed , iudge the fatherlesse , and defend the widow , that you may safely preuent such fearefull sin and wofull miserie .

Your calling is honourable , ordained of God , as a soueraigne antidote against euill , and promoter of good : Your persons are selected to this function by God . The person you susteine is the Sonne of God , who hath honoured you with the title and authoritie of God , who is present as chiefe President in the assemblies of Gods . Your iudgement which you giue , is the iudgement of God , and he will auow , and defend both it and you , if it be iust : hee will renounce both it and you , if by your wit , or will , it be vnjust , as vnbeseeming his Maiestie , who is iustice it selfe .

3 To Counsellors . You the Aduocates of justice , as Counsellors and Pleaders ; I beseech you to endeuour in the feare of God to cleare your selues of those two imputations which sometimes are layd vpon some of you : how iustly vpon any of you that are present , not I , but God and your owne consciences can tell you : namely first , that there is no cause so bad , but by your shifts and pretences you can make it seeme good : secondly , nor no cause so good , but by your vnskilfulnesse or vnfaithfulnesse in handling , you can make it seeme bad .

Turpe est defendere quod non mihi consliterit iustum esse . Gregor. Consider ( I beseech you ) that it is a verie fowle thing resolutely to defend what cause you know not to be iust : but when you perceiue & know it to be vniust , then by querkes and deuises to cloake and ouer-shadow falsehood , and wrong , and ( against conscience ) to out-face both truth and iustice , in the face of the Court , and Iudgement-Seat , before Gods Minister of Iustice , yea , God himselfe , it is a most horrible and fearefull sinne . This were to call good , euill ; and euill , good : Esa. 5.18 . to instifie the wicked for a reward , and to take away the righteousnesse of the righteous from him : yea to draw iniquitie with cords of vanitie , and sinne as with cart-ropes . Against which manie fearefull woes are denounced . Remember ( I pray you ) that worthie example of the learned and vpright Lawyer Papinian , who being desired by the Emperour Antoninus Caracalla , to defend his fratricide of his brother Geta , answered boldly : Spartian . Non tam facile est excusare fratricidium quam facere . It s not so easie to defend fratricide , as to doe it . And he would rather dye , than vndertake the defence of an vniust and vnrighteous cause .

And if you haue taken on you the defence of a good cause , doe not by your ignorance ouer-throw it , or by your vnfaithfulnesse betray it , and make your poore client pay ful dearly for your ouersight in formes of prosecution .

But be aduertised ( I pray you ) by vertue of this charge , to heare and iudge righteously . Informe your selues throughly in the state of the cause , and deale faithfully with your Client in relating what you thinke of the equitie of the cause , and issue of the controuersie . And if it bee bad , let it not by any your meanes be prosecuted with cost , lost with infamie , or wonne by iniquitie , and flat injustice .

If good , let it not want good successe , by your neglect or ouersight , or want of countenance and fidelitie in pleading : or become more costly , by your procrastinations . But vse your best endeauour , that right may be found with moderate expenses : that law may proue a speciall and speedy remedy of wrongs , and not a trap or engine to catch and insnare men ; as men of all sorts doe commonly complayne . Then though your poore Client doe not enrich you with his fees , yet shall you bee no loosers when you haue made vp your reckonings ; but what is wanting in the poore Clients small fees , shall God himselfe recompence in your great accounts , and bestow vpon you not a temporall garland , but an eternal crowne of glorie for your vertue and well-doing to the people of God . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .

4. To Witnesses . You Witnesses , who shall for true testimonie to the truth , take a solemne oath of God and the King , and calling vpon the glorious name of God , vow damnation to your soules , if you speake not truth . Know that a feareful curse is gone out from the Lord , vpon all such as shall so solemnely take his glorious name in vaine .

A false Swearer is guilty two waies , Ch●●soss . in mat 5. & est. 22. q 5. cau. quicunque . both because he takes Gods name in vaine , and because he takes his neighbour by deceit : yea a false witnesse is obnoxious , and offends against God , whom hee contemneth ; the Iudge , whom he seduceth ; the partie , whom he wrongeth by his false testimonie ; yea , to his family , which he hurteth ; and to his owne Soule , which he condemneth .

O be not ( I beseech you ) so trayterous to God , so treacherous to the Iudge , so iniurious to your brethren , so hurtfull to your posteritie , so desperately prodigall of the bloud of your owne soules , as hauing layed them to God for pawnes of truth , you will wittingly , and willingly , sweare , and forsweare , against God and truth , King and Iudge , neighbour and familie , and your owne selues , as lewd , and godlesse , and gracelesse sonnes of Belial .

But beeing called hither by God and the King , to this seruice of your Countrey ( all you that haue taken or are to take an oth ) sweare in truth , Ier. 4.22 . in iudgement , and righteousnesse . These three , if they be wanting , it s not so much an oath as a perjurie . Discharge your oathes vnto the Lord . Be not so silly as not to conceiue the truth : nor so forgetfull as not to remember truth : nor so subtile as to deceiue both others and your selues by false witnesse-bearing against the truth . Know what you testifie : testifie what you know . The whole truth , and nothing but the truth . The whole truth : be not afraid of the face of any great man , who may sit on your skirts for speaking the truth . Nothing but the truth : doe not accept mens persons in iudgement . Be not corrupted with friendship , nor suborned with reward . Shake off vaine feare , cast off vaine hope . Witnesse for small aswell as for great : for Stranger aswell as for brother : giue a playne testimonie to truth and veritie : So shall you haue the testimonie of honestie for your credite among men : The testimony of good conscience for comfort in your selues : and testimonie from Christ at the day of the great Assise , as fit to inhabite in his holy mountaine for euer .

5. To Questmen , and Iurors . The charge of God and the King to all Quest-men , and Iurors , is the same in effect with that of the Witnesses , that they heare and giue verdicts righteously , discharging their oathes vnto the Lord .

Far be it from you ( my brethren ) to be such as some common Iurors are , of some , said to be ; so quicke of conceit , as that they know the case before they heare it , & so readie of resolution , that they know which way their verdict shall goe , assoone as they know the partie whom they would pleasure or please , to bee the plaintife , or the defendant , before the cause bee opened , or euidence produced . But as the Law doth presume you to bee Gentlemen of choyce for wisedome and integritie , and yeomen of good note for truth and honestie , experienced in Law-courses , and cases to bee tryed : so be diligent in sifting and examming all proofes and euidences , readie to conceiue and acknowledge apparant equitie , and conscionable in bringing in an approued verdict , not partiall nor vnequall in hope of reward , or for feare of daunger : for fauour to your friends , or enuy to your aduersaries : but such as may be allowed of God and men , to your credite and comfort , and the publique good .

Lastly , you , my brethren , the bodie of the Countrey , 6. To the body of the Countrey . who seeke in these places of iudgement , the face the Iudge , to haue your causes tryed in matters of controuersie ; or else are brought hither to be iudged in matters of crime . Follow peace with all men , and holinesse , without which no man shall see the Lord . Whatsoeuer you would that men should do vnto you , euen so doe yee to them .

For matter of crime , 1. Pet. 2.17 . Psal. 34.13 . 1. Pet. 3.11 . take those exhortations : Feare God : honour the King : Eschew euill , and doe good : Practise pietie toward God , equitie toward men : Liue holily as good Christians in a Christian Church : liue blamelessely as good subiects in a Christian Common-wealth . Auoid those capitall crimes , and shamefull courses , which bring men to censure before these iudgement seats . And , to speake particularly , Rom. 13.3 . If thou wilt not bee afraid of the power of the magistrate , doe that which is good , and thou shalt haue prayse of the same , whosoeuer thou art . But if thou doe euill , then be afraid ; for he beareth not the sword in vaine : for hee is the minister of God , a reuenger to execute wrath vpon him which doth euill . Art thou then a traytor to the King or Common-wealth , a wilfull murtherer or poysoner of thy brother : Then the sword of iustice must be sheathed in thy bloud , that euill may be taken away : that the land be not guilty of thy foule offence : that others may heare and feare : that sinne may bee punished in thee , and preuented in other that heare or see thee .

If thou receiue censure for some smaller offence , learne by this thy censure to amend thy life , lest a worse thing hereafter befall thee ; for thy iterating of thy sinne , will increase thy punishment .

In case of controuersie , I beseech you all to obserue these rules : seeke peace , and follow after it : follow peace with all men . Defraud not one another . Publicè interest vt lites iniustae atque inanes coerceantur ; ne Magistratus querelis atque causis nihil● occupetur , neue ciues temerè iuter se rixentur , pacemque turbent . L. 21. ff. si certum petatur . And if controuersies arise , vse all good meanes for the speedie compounding of them , that the Iudgement-seat be not troubled with euery trifling brawle , and needlesse suite .

And whereas none are more readie than you to cry out of Lawyers , Atturneys , and such men , as vnconscionable in peruerting of iustice , as vnreasonable extortioners , and extorters of fees , as defrauders and vndoers of the Common-weale : scraping to themselues the fat of the land &c. Take heed that the fault and cause of these euils , doe not first issue and spring out from your selues ; from your peeuish and wrongfull and reuengefull dispositions . Whosoeuer thou art therefore that complaynest of others , take heed lest the fault be found in thy selfe . Prosecute no bad cause , of hatred to hurt another , but onely good causes , and that of necessitie to relieue thy selfe . Packe no Iuries . Suborne no witnesses . Bribe no Iudges , Lawyers , nor ministers of justice : vse no calumnies , forgeries , or vnjust protractions , or vn-warrantable practises for the effecting of thy purposes in vnlawfull proceedings : for if it fall out thou be justly cast in thy bad cause , then shalt thou beare an heauie burden of iust punishment for thy wilfull prosecution of thy vnrighteous suit . Or if by force or fraud thou preuayle against equitie , then ( which is worse ) thou burdenest thy selfe with the fearefull guilt of double iniquitie . And though thou get the day in the place of iudgement on earth ; yet shalt thou loose the day at Gods Iudgement-seat in Heauen .

Application to all ioyntly . And now at length to grow to a finall conclusion of all ; these things being so ; as Iehosaphat that most worthy seruant of God did charge those Iudges whom he had made : so do I a poore Minister of Christ , in the name of the Lord charge you all that haue the least finger in matters of iustice ( as Reuerend Iudges , worthy Iustices , Counsellors , Iurors , witnesses , and the rest ) Take heed what yee doe : ● . Chron. 19.6.7 . for yee iudge not for man , but for the Lord , who is with you in the iudgement . Wherefore now let the feare of the Lord be vpon you , take heed and do it : for there is no iniquitie with the Lord our God , nor respect of persons , nor taking of gifts . And as Moses to these Iudges of Israel in this place : Heare the causes between your brethren and iudge righteously betweene euery man and his brother , and the stranger that is with him . Yee shall not respect persons in iudgement ; but you shall heare the small aswell as the great . you shall not be afraid of the face of man : V. and last poynt . Of reseruation of iudgement . for the iudgment is Gods .

Now I should proceed to the case of reseruation : And if the cause be too hard for you bring it vnto me , and I will heare of it . But of this I say no more but this . That whereas these causes and matters of iudgment are farre too great for any of vs , who of our selues cannot thinke a good thought : Therefore let vs appeale to God , and to his Throne of grace for his assistance and blessing in these weighty affaires of Iudgment .

O blessed Lord God , Father of mercies , and God of all grace , graunt ( we humbly intreat thee ) to our Iudges and Magistrates , heauenly wisdom , christian courage , godly feare , vncorrupted integritie in hearing and iudging : to all the ministers and instruments of iustice and equitie , vprightnes and good conscience in prosecuting and promoting of actions and causes : to all the people louing affections and peaceable dispositions one toward another , thankfulnes vnto thee for this thine ordinance of iudgement , and dutiful obedience to the rules of pietie , iustice , and equitie : that so vice may be punished , vertue encouraged : iniustice may be remoued , equitie maintained : The common-wealth may be prospered , the Church enlarged ; our poore soules may be saued , and thy great name glorified , in the manifestation of thine aboundant mercie in our felicitie : and that for the merits of thine onely Sonne , and our onely Sauiour Iesus Christ , the righteous Iudge of quicke and dead ; to whom with Thee , O Father , and with thy Holie-Spirit , three glorious Persons , but one only true and euer-liuing God , be ascribed of vs , and of thy whole Church , all Honour , Glorie , Praise , Power , Maiestie , Dominion , and Thankes-giuing , from this time forth for euer-more : Amen .

All glorie be to GOD . FINIS .