Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	defendant_n	judgement_n	plaintiff_n	1,984	5	10.5099	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00593	Clavis mystica a key opening divers difficult and mysterious texts of Holy Scripture; handled in seventy sermons, preached at solemn and most celebrious assemblies, upon speciall occasions, in England and France. By Daniel Featley, D.D.	Featley, Daniel, 1582-1645.	1636 (1636)	STC 10730; ESTC S121363	1,100,105	949

seemeth more secure than sitting in a chaire yet Judge e Aug de civit Dei l. 22. c. 22. Quid videtur sedente securius de sella cecidit Eli mortuus est Ely fell out of his chaire and brake his necke Wherefore since Judges themselves are as subject to the lawes of humane frailty as other men since for ought they know they are as neere death as the prisoner whom they have newly condemned to dye let them look above them not about them let them feare God not man let them deliver nothing at the bench which they are not assured in their consciences that they are able to make good before the Judge of quicke and dead from whose face heaven and earth fled away and their place could no where be found Judges may be considered either as of a particular circuit of the earth and so they must receive instruction from the King or Lord of that land or as Judges of the earth at large and in that regard must take their Commission and receive Instruction from the Lord of the whole earth who requireth in his Judges 1 Religion f Exod. 18.21 thou shalt provide out of all the people able men such as feare God 2 Moderation g Gal. 6.1 to restore such as are overtaken in a fault in the Spirit of meeknesse 3 Learning and knowledge in the lawes of which before 4 Integrity they must h Num. 11.24 hate covetousnesse i Exod. 18.21 Deut. 16.19 they may not take a gift c. 5 Indifferency they k Deut. 1.17 must not respect persons in judgement but heare the small c. 6 Attention and diligent enquiry they l Deut. 1.16 13.14 19.18 must heare causes and make search c. 7 Expedition m Zech. 7.9 to execute true judgement and not delay justice 8 Resolution and courage not to n Deut. 1.17 feare the face of man 9 Equity to o Deut. 1.16 Joh. 7.24 judge equally and righteously betweene every man and his brother 1 Want of Religion makes a prophane Judge 2 Want of Moderation an unmercifull Judge 3 Want of Learning an unsufficient Judge 4 Want of Integrity a corrupt Judge 5 Want of Indifferency a partiall Judge 6 Want of Attention a rash Judge 7 Want of Expedition a tedious Judge 8 Want of Resolution a timorous Judge 9 Want of Equity an unrighteous Judge Lastly Want of any of these an Incompetent Judge want of all these an unsufferable and execrable Judge 1 Religion is required in a Judge without which there will be no conscience of doing justice where injustice may be borne out and because even religious men are subject to passion to religion a Judge must adde 2 Moderation and governement of his passions and because a man of temper fit for a Judge may mistake his marke if he be not expert in the Law to moderation he must adde 3 Learning and knowledge in the Law according to which he is to give sentence and because bribes blinde the p Deut. 16.19 eyes of the wisest and learnedst Judges to learning he must adde 4 Integritie and incorruption a sincere heart and cleere hands and because where bribes cannot open the hand yet favour may enter at the eye to his Integrity he must adde 5 Indifferencie free from all kinde of partiality and because a Judge though never so religious temperate learned incorrupt and impartiall cannot yet give right judgement without a full hearing and exact discussing of the cause before him to indifferencie he must adde 6 Patient Attention and diligent q Deut. 19.18 inquisition and because the plaintife or defendant are nothing benefited by the Judges hearing of or searching into the cause if after examination there follow not a sentence to Attentition he must adde 7 Expedition for delayed justice oftentimes as much wrongeth the plaintife as injustice and because after enquiry and hearing though the Judge be expert and readie yet judgement may be stopped if a great person appeare in the cause to Expedition he must adde 8 Courage and Resolution and because if a Judge strike too hard with the sword of justice he may breake it as also because the sentence of the law may be just in generall yet in regard of difference in circumstances may wring and wrong a man in particular to all the former vertues a compleat Judge must adde 9 r Levit. 19.15 In equity shalt thou judgethy neighbour Equity and stayed discretion which holdeth steedily the gold weights of justice and addeth or taketh away a graine or more to make the piece and weight perfectly agree 1. Religion Alvares reporteth that the Aethiopians place many chaires about the Judges seat not out of State but out of Religion supposing that their Gods fit there with their Judges That which they suppose we certainely know that God and his Angels are present at the Assises and that he judgeth among the ſ Psal 82.1.7 gods that is the Judges or Princes How religious then ought Judges to be who are Almighty Gods Assessours So neere is the affinity betweene Justice and Religion that as Priests are called Judices sacrorum Judges of Religion and causes Ecclesiasticall so Judges are by Ulpian stiled Sacerdotes justitiae Priests of justice And not only the high Priests among the Jewes but also the Archontes of the Athenians the Archiflamines and t Cic prò domo suâ ad Pontifices Cum multa divinitus Pon●ifices a majoribus nostris in venta atque instituta sunt tum nihil praeclarius quam quod vos cosdem religionibus deorum immortalium summae reipublicae prae esse voluerunt Pontifices of the Romanes the Muphteyes of the Turkes the Brameres of the Indians the Druides of the ancient Brittaines were trusted with Justice as well as Religion and that for important considerations For sith mortall men cannot prescribe against God nor dispence with his commandements sith the divine law is the supreme law to which lyeth an appeale from all humane statutes and ordinances they who by their calling are Interpreters of that law might well be thought fit Umpires in all controversies concerning the equity of lawes and conformity to the divine especially in such points wherein the lawes trench upon holy things But I list not in the heat of modern oppositions to drink of the waters of strife let that question passe whether sacred persons expert in the divine law are not fittest to judge in secular causes of greatest moment this I am sure Judges must be if not in orders yet eminently religious and skilfull in the law of God for the judgement they are to give is u Deut. 1.17 Gods If a Judge be not religious he will never be zealous for Gods honour nor severely punish the breaches of the first Table If a Judge feare not God hee will feare the face of man and flye backe when he should stand out for a poore

innocent against a mighty adversary x Martial epig. Contra libertum Caesaris ire timens If a Judge make no account of giving one day an account of all his actions to the supreme Judge of quicke and dead hee will make no consscience of delaying justice or denying it or perverting it or stifling it or selling it Justice shall be cast in her owne Court and overthrowne upon her owne Tribunall The Judge y Cypr. l. 2. ep 2. Inter leges delinquitur inter jura peccatur innocentia nec ubi defenditu● servabitur Sen. de ira l. 2. Quam turpes lites quam turpiores advocatos habent Judex damnaturus quae fecit eligitur corona pro mala causa bona patroni voce corrupta Lactan. divin instit l. 1. who sitteth on the bench to punish delinquents will prove the greatest delinquent and dye his dibaphum or bis tinctum his twice died scarlet the third time with innocent blood If a Judge depend upon the King and not upon God Seianus shall bee condemned to a most painefull and ignominious death upon a bare letter from Tiberius though no man know for what crime or upon what evidence nay a Pilate will condemne Jesus himselfe to be crucified rather than not be thought a friend to Caesar If a Judge be like Cardinall Caraffa securus de numine out of all feare of Gods vengeance hee will make the law a snare and justice a net and the bench a step to his owne advancement He will either like Hercules Priest play with one hand for Hercules and the other for himselfe Or like a Mazar in Ps 51. Ayat the Jew utraque manu tanquam dextra uti take bribes on both sides and doe Justice on neither 2 A Judge must be a religious man and none but such ought to be called to the bench yet neither are all religious men fit to be Judges for beside the feare of God and devotion in a Judge there must be temper in him and singular moderation he must be a Moses b Numb 12.3 a very meek man above all the men that were upon the face of the earth the mind of a Judge should be as still and calme as the upper region of the aire Perpetuum nullâ temeratum nube serenum For it is impossible for him clearely to discerne betweene man and man cause and cause blood and blood there being colourable pretences on both sides whose eye is clouded with passion or overcast with any mist of prejudice When the water is troubled or mingled with mud we see not a bright pearle or piece of silver in the bottom in like maner when the mind is stirred troubled with perturbations we cannot discerne the truth which for the most part lyeth not in the top but in the bottome as it were of a deepe Well according to * Democ. dixit veritatem in fundo demersam Democritus his embleme In this consideration the Areopagite Judges prohibited Orators to play their Prizes of wit before them or goe about any way by figures of amplification and exaggeration to move any affection in them of love or hatred or feare or anger or envie or pity And c Arist Rhet. l. 1. c. 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristotle yeeldeth a good reason for it It is the part of an unskilfull and foolish artificer saith he to endevour to bow or crooke his owne rule whereby he is to work Now the understanding of a Judge is as it were the rule square by which all causes are to be tryed and justice mett out By indirect meanes then to pervert the minde of the Judge and deprave his judgement what is it else in an Advocate or Pleader than to crook his owne square and falsifie the common measure of right Most certaine it is that as meat tasteth not a like to a cleere stomacke and to a stomacke repleat with ill humors so that no matter in debate presents it selfe in the like hue to a single and cleer eye and to a dazled or blood-shot Let S. James give the Judges their Motto Be swift to heare slow to speak slow to wrath d Vellaius Pater l. 1. hist Quicquid voluit valde voluit Brutus nimium Cassius Brutus would have made an ill judge who was affianced to his owne will and Cassius a worse who was wedded to it and Herod worst of all of whom Josephus giveth this character that he was Legis dominus irae servus Lord of the law yet a slave to his owne passion It is no strong piece that will easily bee out of frame frame therefore and temper must needs be in a Judge yet this will not serve without a great measure of 3 Knowledge and learning in lawes 1 Divine 2 Humane As also in causes 1 Ecclesiasticall 2 Secular of which before 1 Civill 1 Municipall 4 Integrity Probè doctus est qui probus est he is intirely learned who to his learning hath added integrity Learning teacheth what is wrong as well as what is right and without integrity instructeth a Judge how to make wrong passe for right in a legall forme If a Judges eye be open to favour or his hand to gifts his learning will serve him to no other end than cunningly to divert the streight current to bring water to his own Mill. He that opens his hand to catch after a great reward cannot chuse but let fall his rule out of it In which regard the e Rainold com in Rhet. Arist l. 1. Thebanes pourtraying a Judge drew a venerable personage in a sacred habite fitting still in a chaire having neither eyes nor hands his sacred habit represented his religion his venerable yeeres his learning and experience his still sitting his moderation his eyes out his indifferency or impartiality his want of hands his integrity or freedome from taking bribes f Mazar com in Psal 51. Mazarinus complaineth of the Judges beyond the sea and there let them still bee that they resembled the blood-stone which hath a speciall property to stanch blood yet it is observed by Jewellers that it never exerciseth this vertue nor stancheth blood unlesse it be set in or covered over with silver and so applyed to the veine How true this is I know not but sure I am that those who use a silver plummet draw blacke lines When Demosthenes having received a large fee of the adverse party to be silent in a cause and being called to plead pretended the Squinsie his clyent handsomely came over him saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non est ista angina sed argentangina I could match such an Advocate with a like Judge in Poland called Ictus who a long time stood for a poore plaintife against a rich defendant in the end took of the defendant a great summe of mony stamped according to the usuall stampe of the countrey with the Image of a man in complete armour and at the next Sessions in court judged the

cause in favour of the defendant and being taxed for it by his friends in private shewing them the coyn he received demanded of them quis possit tot armatis resistere who were able to stand against so many in complete armour Steele armour is bullet or musket proofe but nothing except the feare of God is gold or silver proofe Nothing can keepe a Judge from receiving a reward in private in a colourable cause but the eye of the Almighty who seeth the corrupt Judge in secret and will reward him openly if not in his lower Courts on earth yet in his high Court of Star-chamber in heaven 5 All corruption is not in bribes hee who for hope of advancement or for favour or for any by-respect whatsoever perverteth judgement is not cleere from corruption though his hands be cleane The Judges who absolved the beautifull strumpet Phryne had their hands cleane but their eyes foule The Judges who absolved Murena that by indirect meanes purchased the Consulship of Rome are not taxed for taking any bribe from him yet was their judgment corrupt because that which swayed them in judgment was not the innocency of Murena but his modest carriage together with his sickness then upon him moving them unto compassion An upright Judge must in a morall sense be like Melchisedek without Father or Mother kiffe or kin I meane in justice hee must take no notice of any affinity or consanguinity friendship or favour or any thing else save the merits of the cause to which 6 Hee must give a full hearing for otherwise the Poet will tell him that g Sen. in med Qui aliquid statuit parte inauditá alterá aequum licet statuerit baud aequus est though the sentence he gives may be just yet he cannot be just The eare is not only the sense of discipline or learning as the Philosopher speaketh but of faith also as the Apostle teacheth yea and of truth also and justice Though a Judge need not with Philip stop one of his eares while the accuser is speaking yet ought he alwayes to reserve an eare for the defendant and according to the ancient decree of the Areopagites h Demost orat de coron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heare both parties with like attention and indifferency their full time Albeit our Lord and Saviour knew the hearts of men which no earthly Judge can yet to prescribe a rule to all Judges hee professeth sicut audio sic judico i Joh. 5.30 as I heare so I judge Never any Romane Emperour was so much censured with injustice and folly as k Sueton. in Claud. Claudius Caesar and the reason why hee so oft mistooke was because hee often sentenced causes upon the hearing of one side only and somtimes upon the full hearing of neither But of hearing you heare every day not onely the Preachers at the Assizes but the Counsell on both parts call upon you for it I would you heard as oft of that which I am to touch in the next place without which hearing is to no purpose 7 Expedition If the time had not prevented me I would have long insisted upon the prolonging of suits in all Courts of justice For a man can come into none of them but hee shall heare many crying with him in the Poet Quem das finem Rex magne laborum When shall we leave turning Ixions wheele and rowling Sisyphus stone O that we had an end either way long delayed justice often more wrongeth both parties than injustice either I am not ignorant of the colourable pretence wherewith many excuse these delayes affirming that questions in law are like the heads of Hydra when you cut off one there arise up two in the place of it which if it were so as it argueth a great imperfection in our laws which they who are best able make no more haste to supply than beggars to heale the raw flesh because these gaine by such defects as they by shewing their sores so it no way excuseth the protraction of the ordinary suits disputes and demurres in which there is no more true controversie in point of law than head in a sea-crab 8 Of courage and resolution I shall need to adde nothing to what hath beene spoken because the edge of your sword of justice hath a strong backe the authority of a most religious and righteous Prince under whom you need not feare to doe justice but rather not to execute justice upon the most potent delinquent 9 There remaines nothing but Equity to crowne all your other vertues which differeth but little from moderation above enforced for moderation is equity in the minde as equity is moderation in the sentence Bee not over just saith l Eccl. 7.16 Solomon but moderate thy justice with equity and mitigate it with mercy for summum jus est summa injuria justice without mercy is extreme cruelty and mercy without justice is foolish pity both together make Christian equity Therfore these two vertues resemble Castor and Pollux which if either alone appeare on the mast is ominous but both together promise a prosperous voyage or like the metals which are so termed quia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the veynes succeed one the other after the veyne of one metall you fall upon the veyne of another so in scripture you shall finde a sequence of these vertues as in the Prophet Micah m Micah 6.8 Hee hath shewed thee O man what is good and what doth the Lord require of thee but to doe justly and love mercy and in Zechary n Zech. 7.9 Execute true judgement and shew mercy and compassion every man to his brother and in Solomon o Pro. 21.21 Hee that followeth after righteousnesse and mercy findeth life righteousnesse and honour To gather then up at length the scattered links of my discourse to make a golden chaine for your neckes Be instructed O ye Judges of the earth either Judges made of earth earthly men or made Judges of the earth that is controversies about lands tenures and other earthly and temporall causes serve the Lord of heaven in feare and rejoice unto him with trembling bee religious in your devotion moderate in your passions learned in the lawes incorrupt in your courts impartiall in your affections patient in hearing expedite in proceeding resolute in your sentence and righteous in judgement and execution So when the righteous Judge shall set his tribunall in the clouds and the unrighteous Judge as being most contrary to him shall receive the heaviest doome ye that are righteous Judges as being likest to him shall receive a correspondent reward and bee taken from sitting upon benches on earth to be his Assessours on his throne in heaven To whom c. THE APOSTOLICK BISHOP A Sermon preached at the Consecration of the L. B. of Bristow before his Grace and the Lord Keeper of the Great Seale and divers other Lords Spirituall and Temporall and other persons of eminent quality