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A28303 A caveat for magistrates in a sermon, preached at Pauls before the Right Honorable Thomas Atkin, Esquire, Lord Major of the city of London, November the third, 1644, being the first day of his coming thither after his entrance upon his majoralty / by Elidad Blackwell ... Blackwell, Elidad. 1645 (1645) Wing B3090; ESTC R200137 30,169 52

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rain down fire and brimstone presently No I le goe down and see first saith he See whether they have done altogether according to the cry And thus in punishing the old world And thus in confounding the language And this he did not for himself He is omnicient knows all things and therefore needs no inquisition or examination or triall to informe his knowledge but for our example Nè mala hominum praesumamus credere ante quam probare sayes Gregory Lest we should credit reports before we examine them Judges should herein be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as Plutarch speaks Living Images of God The Thebanes pictured their Iudges somtimes without eys somtimes without hands but never without ears The cause I knew not I searched out saith Job Examinarion must ever goe before judgement And here mighty warinesse and caution and circumspection is required of Magistrates here they had need to take heed what they doe As namely that they doe it First speedily Without demurs delays procrastinations beyond what is necessary Secondly Meekly mildly patiently not in passion in anger in wrath The wrath of man works not the righteousnesse of God sayes James Thirdly Diligently not oscitantly sluggishly slothfully sleepily as Philip of Macedon once who by that means gave wrong sentence so that the partie was fain to appeal from Philip sleeping to Philip waking Fourthly Equally too indifferently Heare small aswell as great poore as well as rich Stranger as well as brother And heare both parties both sides Plutarch reports of Alexander that when he sate in judgment he was wont alteram aurem praebere actori alteram verò integram servarereo always to stop one eare to the Plaintiffe saying he kept that for the Defendant Condemne no man before he which is accused hath his accuser face to face and hath liberty to answer for himself concerning the thing laid to his charge It was a Rule among the Romans And it was a good Rule for why He that is first in his owne cause is just till his Neighbour comes says Salomon One mans tale is good till another's is heard Besides If to accuse be sufficient to make a man nocent who shall be innocent Fiftly judiciously understandingly A Judge He had need be a man of a most exact understanding that he may be able to discerne betwixt man and man cause and cause just and unjust true and verisimilus false and specious between the confidence of accusing or denying and the truth or falsitie of the accusation betwixt impudent guiltinesse and diffident innocence No cause so bad but there are that by their quirks and devises wil make it seem good And so on th' other side no cause so good but through the modestie or unskilfulnesse or unfaithfulnesse of those that plead it it may possibly seeme bad It 's strange to see with what confidence and what impudence with what a brazen forehead that Harlot carries it 1 King 3. and how right and innocencie in the other had even like to have betray'd it self through modestie and simplicitie of earriage and expression Had not Salomon had {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as Basil speaks a sharpe and exact understanding to discerne between the modesty of the innocent plaintiff and the malice of the envious defendant he had certainly been deceived Quibus bonestior conscientia iis plerumque frons imbecillior sayes Jerome Dishonesty many times like Tamar is vailed with a maske of fair words and a smooth tongue when innocencie is timorous and uneloquent Therefore Justitia though it should be coeca in exequendo yet it must be oculata in dijudicando impartially blinde in executing but eagle-ey'd in searching out a matter That 's the first thing Judges must take heed what they doe in Hearing causes Let the cause be opened let evidences be produced let the accused and the accuser bee brought face to face Let them get a manifest cognizance of the thing by a fair free calme hearing of matters on both sides before they passe sentence For why Possibly they may erre else Nay it 's almost impossible but they should erre else However unjust they shall be sure to be yea aequum licet statuerint as the Tragoedian though possibly they should light upon the right Though the Judgement should be just yet the Judge should be unjust Those that commence suits Those that plead and prosecute suits Those that testifie and give in evidence Those that bring in verdict All had need to take heed what they doe that they carry themselves as in the presence of God and doe nothing in these cases before Gods Vicegerents which they would not doe before God himselfe whose judgement it is and who is with them in the judgement But above all Judges had need to take heed Because when all have said all they can still the judgment lyes in the judges brest Secondly In passing sentence Judges must heare causes speedily patiently diligently indifferently understandingly and when they have so heard them they must passe sentence And here likewise abundance of warinesse and circumspection is required of Judges Judges had need to take heed what they doe as namely that they do it 1 Righteously Heare the causes betwixt man and man and judge righteously Deut. 1 16. with equability with proportion Proportion 1 to the minde of the Law 2 To the quality of the offence 3 To the nature and disposition of the party offending 1 To the minde of toe Law A Judge must proportion his sentence square his sentence not to his own or other mens passions affections humours favours but according to the Minde of the Law Not the words of the Law they are but vestitus legis but the Minde of the Law the true sense and meaning of the Law the intent of the Law that is according to justice and truth and equity and reason 2 According to the quality of the offence Artaxerxes that heathen King even by the light of nature prescribed this rule That every one that should offend should be sentenced According to his offence some to death some to banishment same to confiscation of goods some to imprisonment Ezra 7.26 As there is a difference of offences so there must be a difference of punishments Greater offences greater punishments lesser offences lesser punishments 3 According to the nature and disposition of the offender Respect herein must be had to that too It 's true the letter of the Law is the guide of judgement {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} for the most part But yet because mens actions are infinite and there are sundry particular cases which the Law in its generall mandats cannot foresee and provide for by reason of divers circumstances extenuating perhaps the nature of the fact and it would seem harsh if every thing should be censured by the rigour of the Law therefore much is left to the Judge herein and there ought to be in His breast an
not make your bowels earn God knows there are manie such families in this Citie at this day I beseech you let them be thought upon 'T was Jobs comfort in his distresse that he had relieved the fatherlesse and made the widdows heart sing for joy Job 39.13 And oh the throngs of beggers that wander up and down the streets wee can scarce crowd in at our Church doores for them Never had any Kingdome better Lawes in that respect I beseech you take care that they be executed Why should there be a beggar in London There was none in Israel Those that are able to work let them work or let them starve Those that are not throughage or lamenesse or blindnesse or the like let them be provided for Were all the penall Statutes executed upon Drunkards Swearers Sabbath-breakers common Gamsters c. Of every one that without reasonable cause travels upon the Lords Day ten shillings Of everie one that carries any burthen or does any worldly work upon the Lords Day five shillings Of everie one that 's present at any sport or pastime on that day if above the age of fourteene yeeres five shillings if under the age of fourteene years twelve pence Of everie one that prophanely sweares or curses for everie time he does so twelve pence Of everie one that 's found tipling in an Alehouse in the Towne where he dwels three shillings foure pence and of the Alehouse-keeper for suffering him so to doe ten shillings Of everie one that 's drunk for every time he is so five shillings Of everie Constable that neglects his dutie herein fortie shillings Of everie one that keeps a common house or place for bowling tennis dicing carding or the like fortie shillings for everie day Of everie one using and haunting any such house or place and there playing six shillings eight pence My Lord were all these and manie other the like penall Statutes put in execution besides the restraining of these God-provoking Land-devouring Soul-damning abominations what plentifull provision would there be for the poore Looke into the prisons too my Lord Oh the world of wickednesse that is there They are verie Nurseries of all ungodlinesse Men that once come there they learne more villanie there in one week then ever they learn'd before in all their daies Especially now Never such a serpentine generation there such a viperous brood Why what do you mean to nourish them in your bosomes unlesse you meane they shall dig out your bowels Men that have so often sought some by secret conspiracies others by open hostilities to take away all your lives Your lives A● that that 's dearer or at least should be dearer to you ten thousand times then your lives The Gospell Religion Judge if they are worthie for one moment to enjoy their lives much lesse to enjoy what they do enjoy their pots their pipes their whores their games their sports their pastimes people of all sorts so freely resorting to them c. Are ours so used when they fall into their hands My Lord those that deserve restraint let imprisonment be a restraint indeed to them and those that deserve to die let them die hang them up before the Lord as the Gibeonites did Sauls sonnes 2 Sam. 21.6 'T would be as acceptable a sacrifice to God as that was and as pleasing a spectacle to all GODS people And one thing there is which if you would doe my Lord would stand upon Record to your perpetuall honour and I beseech you let me beg it at your hands That if possible you would thinke of some way whereby in everie prison of the Citie an able godly faithfull Minister may be maintained to teach them and instruct them It 's lamentable to consider that in such a place as this so famous for so manie excellent workes of Charitie to the bodies of men the souls of men should be so neglected Looke into Taverns and Innes and Alehouses and Gaming-houses too my Lord Oh the abuses and disorders that are there what drunkennesse what swearing what whoring what neglect of callings of families c. Look into the Forts too and into the Courts of guard Were some appointed to take the forfeiture of everie oath that is sworne there there would not be so manie oaths swore there in a month as are now in a day Looke into the Exchange too Scarce any difference to be seene there betwixt the Lords Day and other daies such resort of people thither to walke to talke to tell news to heare news c. And then for the Lords Day I confesse something has been done of late for the better observation of the Lords Day An Ordnance has been passed But what 's an Ordnance without execution Execution in policie it 's like elocution in Oratorie It 's primum secundum tertium the prime the main the all in all the verie life of the Law indeed And therefore Aristotle calls the Magistrate {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} A living Law Now the Lord helpe you you have more worke to doe then I can speake And Oh that you could even exuere hominem induere Angelum Even cease to be a man and become a verie Angell The Lord make my Lord wise as an Angell of God! This consider my Lord what ever sin is in your power to restrain if you do not restraine it you commit it What ever good is in your power to advance if you doe not advance it you hinder it This consider too my Lord you must be accountable Give an account of thy stewardship● Luke 16.2 and what doe you know but that the Stewardship of your office and the Stewardship of your life may end together Take heed therefore now what you do lest then you crie out with him what shall I do It 's but a yeere my Lord your time is but short take heed what you doe in this little inch of time lest you crie out to eternitie what shall I doe I have said yee are gods But yee shall die like men Psal. 82.6 7. Gods But mortall gods You must die my Lord That gold chain and that scarlet robe and that magnificent attendance you must lay it all aside and stand naked before the Judge of the whole World and hold up your hand at that last and great Tribunall and be accountable what you have done how you have lived how you have laid out your talent how you have improved that power and authoritie and dignitie God has put into your hands My Lord I beseech you let it be your care It shall be our praier that you may give up your account in that day with joy and not with grief And then this consider too my Lord you have such advantages in this Worke as never man had before you Such a Parliament so godly so wise so faithfull so united together in their desires and endevours for a Reformation spending their time and state and strength and spirits and all for the