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A42733 An assize sermon preached before the Right Honourable the Lord Chief Justice Glyn and Mr. Serjeant Earle, judges of Assize at Bridgnorth in Shropshire, July the 2d, 1657 / by Thomas Gilbert ... Gilbert, Thomas, 1613-1694. 1657 (1657) Wing G719; ESTC R18734 21,943 35

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with the Respect of Pity and Charity as others not with Civil Honour and Regard according to their respective Ranks and Conditions But in the case of judicature there 's not any Respect to be had to any Person upon any foreign or by Consideration of Rich or Poor High or Low Small or Great Mean or Mighty nor indeed Godly or Vngodly But onely according to the intrinsecall Merits of the Cause and that least there be unrighteousnes in judgment Persons regarded more then Laws As an artificer that Staring and gazing on the Persons he works for when his eye should be upon his Rule and Work is like to fault in his Work So a Judg that 's Partiall in his Respect to the Persons to be judg'd is in the ready way to erre in Judgment and be Partiall in the Law Mat. 2.9 Where the Margin renders Ye have accepted Faces or Persons the Text reads Ye have been Partiall in the Law {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 5. Beware of gifts Qui accipit Beneficium v●ndit Libertatem He that receiveth a gift sels his liberty Seneca makes it a generall Rule It ha's if anywhere its special truth and force in our Case The judg that receiveth a gift sels his own liberty and the Laws together The liberty of his eyes to see and the liberty of his tongue to Sentence according to the Liberty of the Law Deut. 16.19 A gift doth blind the eyes of the Wise and Pervert the Words of the Righteous Though otherwise a wise Judg 't will so blind his eyes as to disenable him look either into Rule or Cause And though otherwise a righteous Judg so pervert his words as to disenable him pass Sentence accordingly if he could look into them But though his private Personal Judgment were according to Rule his Publique Authoritative Sentence would be against it 6. Take heed of passion that they neither bring their Heates with them to nor Heat themselves on the Bench Gifts will make a wise Judg blind Anger will make him Mad Ira furor bre●is est Now a Mad man is little less like to walk according to rule then a blind Prov. 14.17 He that is soon angry deals foolishly That therefore of mine Apostle Chap. 1. Vers. ●9 is good counsell hereto Be swift to Hear slow to speak slow to wrath and for good reason to our purpose Vers. 20. For the wrath of man worketh not the righteousness of God The Judg that is as Joseph saies Herod was Irae servus slave to his anger will be as he saith Herod was Legis Dominus Lord of the Law and a Tyrannicall Lord too Rule it not be rul'd by it 7. And lastly and above all the rest Get hearts cast into the mould and frame of the Law of God This will make the gods on the Earth be and do like the God of Heaven because like his Law that 's so like him as coming out of his mouth Greatness and goodness cannot be severed in God They may be and too often are in men But when they are not only Psal. 82.6 Children of the most high bearing the Image of his Power and Authority but of the most Holy too bearing the Image of his Purity and Holiness they will then be sure in their measures to act like the most High and Holy One more especially get hearts awed with the fear and affected with the love of the Law of God those two qualifications of Jethro's Judges Exod. 18.21 He that feareth God will fear if ignorant of the Laws to fill up a place he doth not suffice for and if skil'd in them he will make diligent inquisition into the fact a right application of the Rule to it beware of partiality gifts and passion Therefore is this Jehoshaphats first direction to his Judges 2 Ch●on 19.7 Let the fear of the Lord be upon you And the unjust Judg his not regarding men what he did to them had the want of the fear of God at the bottom of it Luk. 18.2 And for love of the Law of God it will first hold mens hearts close to the Law of God and then to the Law of the Land so farre as according to the Law of God And further I neither exhort nor direct To the JURORS who have here for some years past been recovering in their credit That they may do so still one word more than what hath been said to them Do not any one of you Exod. 23.2 follow a multitude much less a multitude of you follow some one crafty companion to do evil Least of all lead in it So speak Ye and especially so swear and do as they that shall be judged To the Council Learned in the Law If I understand your work 't is only so to open and argue your Clyents Cause that Judges both of Law and Fact may be able to make out a right Judgment of it Speak not ye in a Cause to pervert Judgment Exo. 23.2 Go not about to get the Opinion of good Lawyers by corrupting good Laws Consider you plead not only before earthly Gods and those wise as an Angel of God but before the God of Heaven too who is with them in the Judgment Dare not be unrighteous Advocates for any Clyent before him on earth before whom you need a righteous Advocate in Heaven less able to plead your own cause there than the simplest of your Clyents his here So speak ye and so do that the storm fall not yet upon the Lawyers that 's now off from the Laws To the Witnesses Do not you Exod. 23.1 raise a false report or if raised by others do not bear it in false witness to prevent or pervert Right Judgment Jesus Christ the faithfull and true Witness will be now Witness and hereafter judg of your fals-witness and make you true Witnesses against your selves who are fals-witnesses for or against others So Speak Ye and all others not spoken to and so Do at this Assize as they that at the general Assize shall be judged by the Law of Liberty Errata PAge 4. l. 13. r. according to ib. 21. r. better clearing p. 5. l. 26. r. i● the p 6. l. 30. r. our God ib. l. 32. r. manner or p. 8. l. 23. r. never v●uchsafed p. 19. l. 3. r. matter of p. 21. l. 3. for {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} FINIS Coherence Division E●plica●ion A brief Paraphrase Doctrine Confirmation a Aug. lib. 20. de ●●v 〈◊〉 c●p 14. b Orig cap. 14. ad Rom. c Ambr. in Psal 1 d Aust ubi supra Hom. 17. in Apoc. prope med. Amplification Quere I. Answ. Quere II. Answ. Object Answ. 1. Reas. Vuse 1. Information 4 Cor. 2.9 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Motiv Directions Whence their dayes cannot be expected to be long in the Land
Law of the Land and do the contrary is State-hypocrisie Hypocrisie towards the Law like that of Judas towards Christ Kissing and crucifying together For as Execution is the Life so non-execution the Death Contrary-execution the most shamefull and reproachfull death of the Law even the crucifying of it 5. God will require a severe acoount of it God shall smite thee thou whited wall Thinkest thou oh man that thus corruptly judgest that thou shalt escape the righteous judgment of God No God will judg those according to his rule of Judgment His Law that judg others contrary to their Rule of Judgment the Law of the Land And that more severely then the open professed Tyrants of the world that carry all according to their own will and Pleasure and pretend no oth●r For as in Church-hypocrites their dissembled Sanctity is double sin So in such State-hypocrites their dissembled Justice is doubled injustice against both men and Laws and shall accordingly be dealt with by God Job 36.13 The Hypocrites in heart of what kind soever Heap up wrath Those that corrupt wholsome Laws into poison turn judgment and righteousness into Worme-wood Gall and Hemlock Amos 5 7. 6 12. The Lord will feed them with worme-wood and give them water of gall to drink Jer. 9 15. So speak ye therefore and so do in your Judgment as those that shall be judged by the Perfect Law of Liberty 6. And lastly If Judges do not according to the Law as a rule of Judgment 't is to be fear'd people will not long Do according to the Law as a rule of obedience Partly because of their example as ill humours fall down from the head and corrupt the body No wonder if people think they may be as bold with their part of the Law as Rulers are with theirs If these call wrong right and right wrong they even teach these to call evil good and good evil Vice Vertue and Vertue Vice Qualis Praetor was one of the three P● whereby Charles the Fifth would judg Qualis Res Publica And partly because in Law Promises of Rewards and threats of Penalties the rule of Judgment are Mound and Fence to Precepts of duty and Prohibitions of sins the Rule of obedience and if those be thrown down no marvell if these be trampled and trod under foot Some few may be will do well Virtutis amore though Vertue be not rewarded nay though it be punish't and Vice rewarded But very few none in comparison Mic. 7.1 2 3. DIRECTIONS If Judges would now exactly observe the Law as their Rule of Judgment Let THEM 1. Be well Skil'd in the Laws Psal. 2.10 Be Inst●ucted or Learned Ye Judges of the Earth The great Judg of Heaven and Earth is without study and Learning exactly Skil'd in his Law for observance of it as his Rule of Judgment That the Judges of the Earth may observe the Law of the Land as their Rule of Judgment they must by instruction and study be Learned in it And therefore Austin saies Ignorantia Judicis ●st Calamitas Innocentis A private mans ignorance is his Private blemish and mischief but a Judges ignorance a Publick Calamity An Artificer cannot work by a Rule nor a Pilot sail by a compass he doth not understand no more can a Judg proceed in Judicature according to a Law he is not Skil'd in Besides How will a cunning Lawyer work upon such an advantage What false glosses wil he put upon Truth of Law What a mist of subtilty will he cast before the eyes of an Ignorant though otherwise well-meaning Judg So that if he that with Job Job 29.15 Should be Eyes to the Blind be himself Blind also they are both like to fall into the Ditch 2. Vse able and diligent Disquisition of the Cause Deut. 19 17 18. Both the men between whom the controversie is shall stand befo●e the Lord And the Judges shall make diligent inquisition Judges must know the Cause as well as the L●w before they can judg the Cause according to Law For this cause were Counsellors and as some say Judges of Old called Cognitores knowers as Prophets Videntes Seers 2 Chron. 33.18 And Seneca in his Tragedes bids Si judicas cognosce Before you judg know what ye judg Truth in these Cases whether Civil or Criminal as in natural inquiries In Alto latet involuta lies often deep and dark and requires skill and paines to boy it up and bring it to light insomuch that the wisest Judges and some are excellent Crafts-Masters at it as we need not go farre for a President are sometimes put to use every clew they have to wind themselves out of a Labyrinth of subtilty perplexed iniquity Put Questions poize Testimonies weigh Reasons compare Evidenc●s consider Circumstances and the like In such a case 't was that Judg Job saies Job 29 16. The Cause he knew not he searcht out The cause he knew not at first sight he searcht into it till he searcht it out and so must all that will judg of a Cause according to Law 3. Make a right application of the Fact to the Law or rather of the Law to the Fact This holds as in foro interiori in the private judgment of conscience so in Foro exteriori in the Publique Judgment of authority too An Artificer that understands both his Rule and his Work may work wrong by a right Rule if he make not a right application of his Rule to his work So a Judg who is never so well acquainted with the Law the Rule of Judgment and with the cause too the matter to be judg'd may yet erre in Judgment if he make not a due application of the Rule of Law to the matter of Fact as David saies those his Judges did Psal. 58.2 'T is to be supposed they knew both the Law and his Actions well enough for he chargeth them not with ignorance of either and they seem to make application of the known Law to his known actions for he sets them forth with the Emblems of Justice Scales in their hands and the application and use of these Scales too for he sayes they Weighed but not Right They weighed violence or wrong in their hands else they could never have burden'd his just Actions with the censure of Rebellion and Treason 4. Beware of Partiality Make your Law as God his a Law of Liberty and judg according to Yours as God to his freely and without respect of Persons Levit. 19.15 Thou shalt not Respect the Person of the Poor nor Honour the Person of the Mighty and this that thou do no Vnrighteousnesse in Judgment Private persons and publick persons out of the Publick case of Iudicature may and ought respect Persons according to their Ranks and conditions Ver. 32 of that Chap. And the Quakers who reject the fifth as the Papist the second commandement out of the dialogue may as soon prove Poor out of the case of judicature not to be Respected