endless as they were unreasonable that soon became a burden too heavy for his shoulders alone ch 1. 12. How can I my self alone bear your cumbrance and your burden and your strife and therefore following Jethro his father in law's advice he chooses out among the people able men to perform that task with him that they might judge of the smaller matters whilst onely the harder causes were brought unto him and what he then commanded he again at this second promulgation of the law charges upon them thereby perpetuating his care to successive generations whom he appoints to make Judges and Officers over them By these two names Judges and Officers some think the same persons to be meant so à Lapide Judices Magistratus constitues i. e. praefectos pula viros sapientes qui quasi Magistri Magistratus praesint juri dicendo iidem ergò sunt Judices Magistratus The words indeed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here used are often placed together and so by some taken for synonymous terms but Pagnin gives a caution against this Cave says he nè cum plerisque interpretum utramque vocem confundas and for the distinction of them makes mention of several sorts of Judges or Magistrates among the Jews First 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Seniours or Elders Secondly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges Thirdly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exactours who exacted what the law required Fourthly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prefects or Masters being the same which is here rendred Officers and is distinguished from Judges because Judex judicabat Praefectus exequebatur quod judicatum erat the Judge passes sentence or determines the Officer puts in execution what is so sentenced or determined The Septuagint renders it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges and Magistrates shalt thou make thee with which agrees the Chaldee paraphrase and vulgar latine but according to the Syriac version it is Judges and Scribes Wolphius renders it Apparitores Junius and Tremellius Moderatores some translate it Decanos others Duces Officiales Ministros Magistratuum or Castigatores Apparitors Moderators Officials Captains Leaders Virgers or Correctours according to the last of which Paulus Fagius thus distinguishes them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sunt Judices qui determinant causum sive judicium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sunt qui dominantur populo exequuntur mandata eorum scilicet Judicum cum virgâ flagello their office being much of the same nature with that of the Lictors among the Romans and so rendred castigatores those that chastise or correct the people agreeable with the third sort of Magistrates among the Jews called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exactours to which happily that of the Prophet Isaiah alludes I will make thine Officers peace and thine Exactours righteousness Or by Judges and Officers may be distinguished the Supreme Judge from the rest either in the great Councel or Sanhedrim of the Jews consisting of 70 Elders or 71 or sometimes 72 if the High Priest were there in which he that sat chief in the place of Moses was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Praefectus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Excellens or else in the less Councel consisting of 23 which were in the smaller cities except those that had not 120 men in them and then onely three Judges were placed there Or these Officers might be those that attended at those Councels to be taught and instructed in their proceedings called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scholars of the wisemen like young students at the law that come to hear the Judge's sentence in doubtfull and controverted cases or as St. Paul that sat at the feet of Gamaliel to be instructed in the law So Grotius upon the words Ad pedes sedebant discipuli ut ipso usu jus addiscerent in morientium aut decrepitorum locum surrogarentur that so those who sat at their feet to learn the law might be so skilfull therein that they might at length be made Heads or Governours Or perhaps these Officers were onely those that waited on those Courts as preco's or cryers scribes or notaries Adâ—rant as the fore-cited Authour adds duo scribae praecones totidem c. of which scribes or notaries one stood at the right hand to write the sentence of absolution and what was spoken in defence of the party and the other at the left hand to write the sentence of condemnation and the objections made against him to which some think Christ speaking of the last Judgement had reference he shall set the sheep on the right hand but the goats on the left Or lastly these Officers most probably were those that were in manner of Sheriffs who were present to execute what the Judge determined whence they carried up and down their staves and whips as the Consuls at Rome had their rods and axes carried before them for the more ready execution of justice To this seems to allude that of Saint Luke When thou goest with thine adversary to the Magistrate as thou art in the way give diligence that thou mayest be delivered from him lest he hale thee to the Judge and the Judge deliver thee to the Officer But however these two may differ as to their kind and dignity their subordination or dependance upon each other yet they agree as to their common aim and end their design and institution in promoting justice and executing Judgement These are the powers which are ordained of God and are as the Apostle speaks his Ministers continually attending upon this very thing The Magistrate's power hath the stamp of divine authority impressed on it and that more firmly than Phidias's image was on Minerva's statue and therefore they that resist this power resist the Ordinance of God and of such there are a generation in the world impeaching Magistracy with the titles of tyranny and usurpation and branding all justice with the names of cruelty and oppression such there were in the Apostle's time Saint Peter makes mention of some who despise government and are not afraid to speak evil of dignities and Saint Jude of such whom he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 filthy dreamers who despise dominion Such were the Manichees of old who conceived that Magistracy was a constitution of their bad god Of the like stamp were the Weigelians and Swenkfeldians of later years and such 't is to be feared if we may guess by their practises are too many amongst us at this day whose principles durst they so far vent themselves would animate them not onely to pluck the sword of the Spirit the word of God out of the mouthes of Ministers but the sword of Justice too had it not too sharp an edge for them out of the hand of the Magistrate that so their licentiousness might escape the punishment of the latter as well as the reproof of the former Thus it was with those famous or rather infamous leading rebels Corah Dathan
Abiram who set themselves up not onely against Aaron the Priest but against Moses the Magistrate and thought both of them took too much upon them to lift themselves above the congregation of the Lord and therefore they both envied Aaron his Priesthood and Moses his Authority they would neither hear Aaron's bells nor kiss Moses's rod neither give ear to the one nor obedience to the other But let these spurn at this authority in their pride or reject it in their folly yet it is the power of God and the ordinance of God Governours says the Apostle are sent by God this is their commission By me Kings reign and Princes decree justice By me Princes rule and Nobles even all the Judges of the earth The Magistrate is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Minister of God says Saint Paul a revenger to execute wrath upon him that doeth evil It is the divine authority which makes that justice in the Magistrate which would be cruelty and murder in another and who shall tax his obedience to that authority to be criminal or faulty The divine providence hath not intrusted the Sword of Justice in every private man's hand if it were so placed how soon would each man like Cain upon any distast sheath it in his Brothers bowels and make it drunk with the blood of revenge If every one might be the righter of himself and revenger of his own wrongs the world would soon become an Aceldama a field of blood and therefore God who hath prohibited all private Christians who are naturally partial in their own causes to avenge themselves hath authorized the publick Magistrate with his Commission to be the avenger of wrath or as Saint Peter speaks to be for the punishment of evil doers and for the praise of them that do well for this end are Judges and Officers constituted and appointed Judges and Officers shalt thou make thee and they shall judge the people which is the second thing propounded 2. Judicii executio the execution of Judgement The original word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Judge signifies both jus dicere and exequi to determine what 's right and to execute what 's so determined the first is a decree of Judgement the second is the execution of that decree the first is an act of skill or understanding the second an act of courage and resolution both which are requisite in him that judges the act of judging supposes ability and skill in him that undertakes it hence Judges were anciently called Cognitores and cognoscere in approved Authours is as much as to do the office of a Judge as Seneca si judicas cognosce 't is a necessary qualification to be able to know the truth that so in difficult and intricate cases covered with darkness and obscurity perplexed with windings and turnings overlaid with cunning and crafty conveyances they may extricate and find out that which would otherwise be lost in a maze and labyrinth set free and deliver that truth which otherwise would be shackled and imprisoned necessary to which is the examination of witnesses and hearing evidences and considering allegations and weighing circumstances and putting in cross interrogatories and making queries and raising doubts to over-weigh and out-balance the craft and subtilty of those who of purpose involve the truth of things with falshoods and deceits all which as they are necessary to a right determination so they are onely subservient to a due execution the other acts are lame and imperfect without this to compleat and finish them This is that which adds life and strength to the laws without which notwithstanding all the other formalities they would die and languish by execution the Judge breaths life into them and is therefore called by the Philosopher 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and by some of the Ancients 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the living law Execution of laws is as necessary as the promulgation or constitution of them God hath put a sword into the Magistrate's hand for this end and he expects he should not bear it in vain not bear it onely for honour or safety to himself but to strike fear and terrour into offendours Rulers are not a terrour to good works but for evil not to bear it as a badge and ensigne of authority but to draw it out as an instrument of justice and severity Where there wants execution there wants not transgression impunity encourages to all iniquity not to light slips onely but to gross enormities so that according to the Rabinical proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 transgressours need a Session-house the laws suffice not to keep men in due bounds the Judge must necessarily exert his power to execute the laws and he that does not this at the same time both robs the law of that defence which should secure it and himself of that innocency which should protect him for he that punishes not those faults which are in offendours thereby transferrs them upon himself the guilt is devolved upon his head who by punishing it in some should have prevented it in others To which purpose is that story of Lewis King of France who being at his devotions was solicited by a Courtier to pardon a malefactour that was found guilty of death the King without any more ado made a sign with his head that he granted his suit but presently after chancing to read a verse of the 106. Psalm containing these words Blessed are they that keep judgement and he that doth righteousness at all times he bid call him again to whom he had granted the pardon and disanulled it with this memorable Apophthegm viz. The Prince that can punish a fault and doth not punish it is no less guilty before God than the offender himself According to which was the wise answer of a certain fool or Jester made to a King of the same land who found fault with a Courtier that had begged pardon of him saying that this was the third murder he had committed nay King quoth the Jester this suiter hath committed but one of the murders it is thou that art guilty of the second and third for if thou hadst not granted him pardon for the first he had not lived to have done any more It was his first pardon which promised him so much security as encouraged him to commit the like enormity Thus according to that principlein moral policy an ill executour of the laws is worse in a state than a great transgressour of them It is the non-execution of laws that is the cause of so frequent breach of them for those the neglects whereof are the severeliest punished are the least violated else why are murders and robberies though too oft yet more rarely committed than those common sins of drunkenness whoredom and the like but that the laws are put in execution against the former but scarce or not at all against the latter such a connivence at
misdemeanours makes offendours and as the Royal Psalmist speaks frames mischief by a law this is rather to stifle and suppress the law than to execute it and to make it partial in its proceedings than to judge according to just judgement which is the third thing proposed 3. Judicandi modus the manner of its execution and that 1. Positively 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judicio justitiae with the judgement of justice summâ aequitate as Vatablus or as the Syriac version may be rendred that he may teach the people the judgement of equity That is just or equitable which is regulated according to the law proportioning punishments to the nature of the offence neither giving more nor less than that deserves to punish less gives too much encouragement to others to offend to punish more gives too great cause of complaint of injustice to the offendour for innocency it self suffers so far as any is punished beyond the demerits of the offence The Romans had their fasces or bundle of rods with an axe in the midst to signifie the equity of the Magistrates in punishing some onely with a rod others with an axe the one for petty the other for capital crimes and the Poet in the Greek Epigram taught the silver axe of justice carried before the said Roman Magistrates to proclaim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If thou be an offender I am an axe to punish thee but if innocent I am onely silver not to affright thee When judgement is justly executed there is no fear of punishment to the innocent nor flattering hopes of escaping justice to the delinquent when Judgement is thus laid to the line and righteousness to the plummet when every fact is laid to the rule of the law and sentenced according to its rectitude or obliquity to it when every action is weighed in the balance of justice and receives sentence according as it is found wanting then the people are judged with just Judgement This is that which is both the peoples safety and the laws security it is that which both conveys and entails a blessing upon a State or Nation it is both columna corona reipublicae a prop to make it firm in it self and a crown to render it glorious in the eyes of others this is that which as the Psalmist speaks when the foundations of the earth are out of course upholds the pillars of it it is as the cement in a building to unite and hold together the several parts of it Jus aequitas as the Oratour phrases it sunt vincula civitatum it is in the body politick as joynts and ligaments as nerves and sinews in the body natural by this is its strength derived and preserved for by righteousness according to that of the wise man is a nation exalted and by judgement is the Throne established Justice and Judgement are such inseparable adjuncts of the Throne and Nations happiness that they who subvert and undermine the one do thereby necessarily destroy and raze the very basis and foundation of the other and there can be no greater enemies to a King or Kingdom than those that by thus doing set themselves against both nor scarce can there be any sadder symptoms of a declining and decaying nation than when justice is thus obstructed and Judgement is turned backward No wonder therefore that Moses the King in Jesurun strengthens his command concerning Judgement with a threefold caution that like a threefold cord it might not easily be broken which is the Negative part of the injunction Thou shalt not wrest Judgement nor respect persons nor take a gift All which prohibitions were so necessary to be observed in Judgement that as Simeon de Muis notes from some of the Rabbins when Solomon ascended the several steps of his Throne mentionned 1 Kings 10. 19. there was a praeco or herald appointed to cry when he entred upon the first step 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not wrest Judgement when he ascended upon the second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not respect persons when he ascended upon the third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not take a gift The first prohibition is 1. Thou shalt not wrest Judgement The Septuagint renders it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they shall not decline Judgement so the vulgar Latine nec in alteram partem declinent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Chaldee paraphrase thou shalt not pervert or according to the Syriac thou shalt not bend Judgement nec prece nec precio as Lyra. Wresting of Judgement is here immediately opposed to just judgement which seeing it is that which proceeds according to the standard of justice viz. the law which is the rule of right and wrong when that rule is distorted then is Judgement wrested And to do this as it is contrary to the nature of the law so to the office of those to whose protection the law is committed Judices as one descants on the word are juris indices they must jus dicere as their name signifies and jus dare too as their office imports The Judge is the laws interpreter he must not make it speak but what it means to do otherwise is to make it act a part of Jesuitism to declare one thing and by a mental reservation to understand another Jus wrested is turned into vis the letters transposed and justice perverted the former of which is not so obvicus as the latter is pernicious for this does not onely enervate and weaken the law but thwarts and crosses the very end and design of it it makes it patronize that which it chiefly opposes and contradicts and under a pretence of justice to do the greater injustice more plausibly and securely This was one of those great evils which Solomon saw under the sun that in the place of judgement wickedness was there and in the place of righteousness that iniquity was there This is so much the greater iniquity by how much it shrowds it self more closely under the covert and pretext of equity simulata aequitas duplex iniquitas This is to make the sword of Justice turn its edge and do execution upon those whom it should protect and defend it is to make the law instead of being an hedge of defence become as so many thorns and briars to rend those whom it should preserve it is to convert a medicine into poyson to turn the rod into a serpent to make that an instrument of cruelty which is the rule of equity and is so much the more intollerable by how much it cuts off all the means and methods of redress Scepters born by Kings and the Maces of Magistrates are all straight emblems of that justice which is held forth by them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Scepter carrieth a kind of instruction with it the straightness thereof should be a memento to shun crooked and perverted judgement he that wrests the law crooks the Kings Scepter and
falsifies that which more lively than his coin bears his Royal impress on it to do thus is to make the Kings laws like the Pope's Canons plumbeas cereas as one speaks waxen and leaden laws to bend and bow this way or that and by perverting them besides or contrary to their genuine sence to make them become guilty of the same soloecism with that of the Canonist Statuimus id est abrogamus we command this that is we do the contrary And as Judgement is wrested by perverting the law so likewise by perverting those actions of which the law takes cognizance and this is too often done by Jurours who give in a verdict besides or contrary to the nature of the fact or matter that 's brought before them as though a verdict had its name given by an Antiphrasis like Diogenes his man manes à manendo because he would oft be running away so a verdict from verum dicere because they make it speak the contrary This is done too by those whose profession they think obliges or at least allows them to make the best they can of their Clients and the worst of their adversaries cause against whom upon some plausible pretence they usually run descant at pleasure perverting what is said or done either to make their matters ill when they are not or else aggravating them to make them seem worse than indeed they are and thus nimium altercando they are like that Rhetorician that could mirificè res exiguas verbis amplificare wonderfully amplifie small matters with great words for which Agesilaus thought he deserved no more commendation than the shoemaker that made great shoes for little feet and though these may count it the glory of their profession as Protagoras and the old Greek Sophisters were wont to do by dexterity of wit and volubility of tongue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make the worse side the better yet a good Oratour as well as good man which Cicero joyns together vir bonus dicendi peritus should make use of both the one and the other to decry injustice and defend equity to protect innocency and crush oppression to detect fraud and advance truth to succour the distressed and help them to right that suffer wrong They that make use of their rhetorick or eloquence reasons or arguments for or against any person should not be as the Roman Advocates of whom St. Bern. complains Hi sunt qui docuerunt linguam suam grandia loqui c. these are they that have taught their tongues to speak lies nimble-tongued against righteousness skilfull to defend falshood wise to do evil eloquent to oppose the truth but rather be as St. Paul able to do nothing against but for the truth The second prohibition is 2. Thou shalt not respect persons though a civil respect of persons be elsewhere commanded yet a judicial one is here forbidden though respect of persons is due in offices of humanity and overtures of love yet in the Gate in the seat of Judicature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not acknowledge or as the Syriac version thou shalt not honour faces The Septuagint changes the person 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they shall not know a face or person The Greeks usually render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which word non personam significat sed personae attributa circumstantias it is properly verbum forense de judicibus propriè praedicatur as Zanchy Respecting persons is a sin incident to those who are conversant about matters of judicature and transactions of law and 't is to be feared is as frequently practised as 't is seldom rightly understood When Jurours consider not so much the cause as the persons betwixt whom it is depending when respect to the latter sways more than equity in the former when the verdict speaks the language of their affection not of their judgement and is the result of their malice or prejudice not of their knowledge or Conscience When the authority of the Foreman whom the rest usually follow as sheep or the awe of some great person or interest of some relation or suggestion from some friend or consciousness of self-guilt or hopes of favour in the like case prevails with any of them more than the justness and merits of the cause it self When witnesses swear home in one man's cause but nicely or not at all in another because they fear some men's persons or bear ill will to and maligne others making their love or hatred a rule of their evidence rather then the obligation of their oaths or sense of duty When an Advocate or pleader argues the cause of the indigent faintly and coldly but that of the rich with a great deal of zeal and ardour when the one is narrowly and strictly examined the other sleightly and perfunctorily passed over when all dilatory courses are used to protract and delay the one but all means made use of to expedite and dispatch the other When by him that passes sentence a cause is weighed in the balance not of equity but of favour and affection when the person commends the cause not the cause the person like that of Caesar Causa Cassii melior sed Bruto nil denegare possum such a mans cause is the better but the other is more my friend such a case is equitable but another's person is more considerable so that the respect and reverence which is due to right and equity is given to the rich and mighty and laws hereby as Zeleucus or Anacharsis complained of old become like cobwebs wherein the smaller flies are caught but great ones are not ensnared by them petty thieves wear chains of iron but grand robbers chains of gold manacles and halters lay hold on less transgressours whilst the great ones break these bonds asunder small offenders receive severe correction whilst the great ones escape unpunished To prevent which partiality and respect of persons the Areopagites the Athenian Judges had their judicatures in some dark rooms and passed their sentence in the night that they might not be byassed by prejudice or affection to those upon whom they passed judgement but that sentence might be given equally upon all poor or rich small or great In pursuance of which impartiality Torquatus a Roman and Zaleucus a Grecian spared not to sentence even their own sons Favour must not be shewed by any onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Heathen speaks onely to the altar so far as Religion and piety will admit and by the Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 onely to the Judgement seat so far as Justice which confines affection will give leave Exuat says the Oratour personam Judicis qui induit amici which likewise was the apophthegme of Pericles an eminent Judge and Chieftain in Athens that when he put on him the person of a Judge he put off the person of a friend the affection of a friend suits not the function of a Judge hence was
and vultures tygers and dragons viz. men of cruelty and barbarity of brutish and unnatural dispositions become possessours of it And now man that is by nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Philosopher terms him a gentle and sociable creature made for converse society becomes degenerate and overthrows those very foundations that should uphold it they that should be helps and supporters become supplanters and underminers of each other instead of Homo homini Deus it is Homo homini Lupus and men live together as though they were made to bite and devour to ruine and destroy one another And as being impatient of all restraint and controule the excentrick and irregular passions of such degenerate minds become so furious and headstrong as that which was intended for their restraint does but irritate and stir them up and make them oftentimes the more outragious like the troubled sea to which such like men are by the Prophet compared they are continnally casting forth mire and dirt and as the waves thereof contemne all bounds and in anger foam and clash and break themselves against the rocks that keep them in so these mens restless and raging passions overflow all banks that should bound them and in contempt spit defiance in the face of laws and lawgivers And now when mens passions become as wild and boundless as they are otherwise lawless and unaccountable 't is time for the law to take courage to it self and double its strength to chastise the boldness of such offenders 't is but equal that that against which they offend should become the instrument of their punishment Thus by reason of offenders laws and the execution of them become as necessary as they would otherwise be useless and the Magistrates power to preserve every one in his right and defend him from the violence of another is as requisite as the prostitution of laws to every extravagant and unbridled humour would be intolerably pernicious and mischievous to prevent the sad consequences and insufferable enormities whereof Judges and overseers of the law are constituted and appointed for the safety and security of those that live under its protection that there may be a due and right administration of justice and that the people may be judged with just judgement without wresting or distoring that which is the common rule of every one's right without favouring or respecting any persons upon whom the law looks with an equal and impartial eye without selling or taking gifts for that which the law freely dispenses and imparts to all This is the end and design of the law this is the duty and employment of Judges and Officers of Justice this is the work and business of this time and this accordingly is the injunction and command of Moses here in his charge to or concerning the Judges Judges and Officers shalt thou make thee in all thy gates which the Lord thy God giveth thee and they shall judge the people with just judgement c. In which words here is 1. Judicum institutio the Judge's authority or constitution Judges and Officers shalt thou make thee 2. Judicii executio the Judge's Office and employment viz. the execution of Justice they shall judge the people 3. Judicandi modus the manner how that execution of Justice is to be performed 1. Positively with just judgement 2. Negatively 1. Without perverting of equity Thou shalt not wrest judgement 2. Without partiality Thou shalt not respect persons 3. Without bribery Thou shalt not take a gift And that enforced by a twofold reason First because it blinds the eyes of the wise And secondly as a consequent of that because it perverts the words or as some read it the matters of the righteous The Charge consists of many parts each of which might be directed to the several persons concerned in the administration of Justice To the Head and Chief of which that sits in Moses's chair to hear and determine judge and pass sentence to him that gives a charge to others in the first place is a Charge given Thou shalt judge the people with just judgement To him that prepares and makes ready the cause for the Judge's hearing the Advocate or Pleader to whose care and trust the state and suit of the Client is committed when he speaks in a cause there 's a caveat for him Thou shalt not wrest judgement To him that 's returned to serve as a sworn man or Juror in matters of grand or petty inquest or that is in any office of trust or place of service in or about the Courts so as it may come within the verge of his power to do a suitor a courtesie or displeasure is the next injunction Thou shalt not respect persons Lastly to him that 's bound over to prosecute for the King in a criminal cause or that offers himself as a voluntary informer upon some penal statute or is brought in by process to give publick testimony upon Oath or comes of good or ill will to speak a good word for or a contrary one against any person is the last prohibition Take not a gift when he opens his mouth to give witness he must not open his hand to receive a gift for a gift doth pervert the words of the righteous But because the several corruptions of justice do often unite in the same persons and as the Philosopher observes of moral vertues are concatenated and linked together in the same subject that the same men Proteus-like put on several shapes that they rather endeavour an engrossing of all abuses than a monopoly of any particular one to themselves and that by such a complication of them they as Saint James speaks in another case in many things offend all I shall not be so injurious to the words as to imprison them in such narrow limits and confine that to some sort of persons to which mens general practises have unhappily given a greater extent and latitude The first thing that presents it self to our view is the Judge's authority or constitution Judges and Officers shalt thou make thee Moses in the precedent verses had given charge concerning religious matters he now descends to civil affairs as before he had taken care for the establishment of piety towards God so here he endeavours the promotion of justice towards men the affairs both of Church and State fall under the Magistrate's care and inspection he is custos utriusque tabulae both the Tables of the Law were given Moses to be kept and though he once in anger broke them yet now in zeal he takes care for restoring and preserving of them What he here gives in charge command to others was the discharging of that which himself undertook like Gideon to his followers or Caesar to his souldiers he bids them do no more than what he had done before them At first indeed he judged the people by himself but their contentions growing as numerous as their persons and their strifes as
paraphrase upon the words with a brother of the same fraternity as they used to do in Greece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 swear for me to day I 'le do as much for thee to morrow Thus they justifie the wicked for reward and condemn the innocent without offence they invert the nature and order of justice and equity they make a sinner just and a just man a sinner they take away as the Prophet speaks the righteousness of the righteous man from him not considering that God shall come in vengeance as a swift witness against them that fire shall consume the tabernacles of bribery and that the habitations of such men shall be desolate And now seeing there are so many corruptions of Judgement and so many hands through which justice must necessarily pass every one of which are ready to receive gifts and thereby to respect persons and so to wrest Judgement the latter of which Solomon makes the consequent of the former A wicked man taketh a gift out of the bosom to pervert the ways of Judgement it is no wonder if a good cause hath not always the happiness to succeed well nor is seconded with an event proportionable to its equity If thou seest says the same Solomen the oppression of the poor and violent perverting of judgement and justice in a province marvel not at the matter but yet as it follows there he that is higher than the highest regardeth and there be higher than they Wherefore let all that have any hand in the administration of justice consider as the Psalmist speaks that God standeth in the Congregation of the mighty and that he judgeth among the Gods let them bear in mind that great account they must e're long make unto him and remember that a day is coming wherein all both small and great must appear before the Judgement seat of Christ and with what judgement they here judge others themselves must then be judged and with what measure they mete to others it shall then be measured to them again And if the consideration of that future Judgement will not deter men from acting injustice the immediate address next under God must be to your Lordship ' s wisdom and integrity to regulate and over-rule and by present judgement to correct and punish such offenders that so the obstacles of justice being removed Judgement may run down as waters and righteousness as a mighty stream that the jaws of the wicked as Job speaks being broken and the spoil plucked out of their teeth the ear that hears you may bless you and the eye that sees you may give witness to you I shall end all with Moses s charge to the Judges Hear the causes between your Brethren and judge righteously between every man and his brother and the stranger that is with him you shall not respect persons in judgment but you shall hear the small as well as the great you shall not be afraid of the face of man for the judgement is God's or with that charge of famous Jehoshaphat as parallel to the text Take heed what you do for you judge not for man but for the Lord who is with you in the judgement Wherefore let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons nor taking of gifts FINIS Mihi nunquaÌ„ placuit cuiquaÌ„ illustri viro tantâ quantâ es ipse sublimitate conspicuo praesertim non ociosâ dignitate jam fruenti sed adhuc publicis negotiis eisdémque militaribus occupato aliquid meorum opusculorum legendum impingere c. S. Aug. de nup. concupis ad Valerium l. 1. c. 2. a Old Adam too hard for young Melancthon b Two night-sprung mushrums that sucked the earths fatness from far better plants than themselves growing up in Hen. the 7 th time and cut down by Hen. the 8 th Speed p. 762 766. c S r Philip and S r Francis Grand-father and Father the present S r Philip all sequestred Knights in one house at the same time d Knighted at Newcastle for eminent service done against the Scots 1644. e Togâ Acaâ—emicâ relictâ Miles evasit f Philippus ex utroque g Vejanius armis Herculis ad postem fixis latet abditus à gro Horat. Exo. 32. 20. h On Perkin Warbeck who following the steps of Lambert Symnel was another cheat that then also abused the people L d Verul in vit Hen. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat. Epist. ad Polyc. Ch. 11. Ch. 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat Epist. ad Antioch si sit Ignat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat. Epist. ad Ephesios magnoque irarum fluctuat aestu Virg. A prima hujus versûs dictione quintam hujus libri sectionem incipiunt Hebraei quam vocant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vatab. in l. Exod. 1â— 25. Item Executores Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saepè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 coactores Latè se diffundebat eorum munus ut non tantum ad causas injudicio decisas spectaret sed magistratûs nomine alia populo intimarent Jos. 1. 10 11. v. Crit. M. P. Isa. 60. 17. Godwin l. 3. c. 8. Edit Lat. Mat. 25. 33. Ch. 12. 58. Rom. 13. 6. 2 Ep. 2. 10. Jude 8. Peâ— 2. 14. Prov. 8. 15. Rom. 13. 4. Epise nup. Linc. Med. 2. 2. Ignorantiâ—â— judicis saepè fit calamitas innocemis In animis hominum multae latebrae Rom. 13. 4. v. 3. Maxima peccandi illecebra est impunitatis spes In severitâ—â—â— judicis sita eâ—i legum authoritas Qui parâ—â— maliâ— laedit bonos Parcendo saevit v. 3. Camerar p. 398. Camer p. 400. Justitia jus suum cuique tribuit Remotâ justitiâ quid sunt reguâ— nisi magna laâ—â—ociâ—ia Rabbi de Cozi. in loc Eccl. 3. 16. De Consid. 1. 4. c. 2. The famous Oratour Pericles when Advocate in Greece from the principles of nature ever before he pleaded a cause entreated his gods that not a woâ—d should fall from him besides his cause in Eph. 6. 9. vir gregis qua itur non quâ eundum Heluones patriae pâ—cuniae Sicut hydropicus Quò plus sunt potae plus sitiuntur aquae Non missura cutem nisi plena cruoris hirudo Neque in mala causa neque in bona fieri debet de mala vix quisquam dubitat Qui autem bonam habet causam sibi injuriam facit judici si munus offerat Rivet in Exod c. 23. Non hospes ab hospite tutus non sâ—cer à genero fratrum quoque gratia rara est c. Lucrum in arca damuum in consciâ—â—tia Eò etiam sacra illa sames nonnulâ—os adigit vt patriae preditores fiant ut Philippuâ— Macedo non tam armis quà m auro libertatem Graeciae expugnavit Diffidit urbium portas vir Macedo subruit aemulos Reges muneribus munera navâ—ium Savos illaqueant ducâ— Horat. l. 3. Crescit peccandi libido ubi redimendi spes datur facilè ad culpam itur ubi venalis est innocentium gratia Ecclus 20. 29. Ut lances in eam partem vergunt in quâ— plus ponderis ita magistratus in â—am in quâ plus aeris Cambyses Persarum Rex Sesamen unum ex Judicibus quòd injustè ob pecuniam judicâssâ—t interemit interempto detractum corium in lora consâ—idit quibus tribunal in quo deinceps sedens judicaret operuit ilique filium ejus Otanem sedere judicem praecepit atque in memoria habere ex quo tribunali judicaret The Kings of England also when they put the sword of Justice into the Judges hand speak the same words in effect and the Judges solemnly protest and swear that they will use the same sword indifferently between the King and the subject So it was the saying of Trajan the Emperour Hunc tibi trado gladium ut pro me utaris cum justa facio contra me verò utaris si injusta facio And the Egyptian Kings presented this Oath to their Judges not to swerve from their consciences though they should receive a command from themselves to the contrary Justus Advocatus à nullo injustas causas accipit 〈…〉 pollet 〈…〉 Qui 〈◊〉 amentum à malo viro postulat insanit â—mp oborum â—uramentum â—n aquâ scribe Hodie mihi cras tibi Isa. 5. 23. Mal 3. 5. Job 15. 34. Prov. 17. 23. Eccl. 5. 8. Psal. 82. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epist. ad Heron sub nom Ignar 2 Cor. 5. 10. Mat. 7. 2. Job 29. 17. Chap. 1. 1â— 2 Chr. 19. 6 7.