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cause_n defendant_n judgement_n plaintiff_n 1,984 5 10.5099 5 true
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A49801 Theo-politica, or, A body of divinity containing the rules of the special government of God, according to which, he orders the immortal and intellectual creatures, angels, and men, to their final and eternal estate : being a method of those saving truths, which are contained in the Canon of the Holy Scripture, and abridged in those words of our Saviour Jesus Christ, which were the ground and foundation of those apostolical creeds and forms of confessions, related by the ancients, and, in particular, by Irenæus, and Tertullian / by George Lawson ... Lawson, George, d. 1678. 1659 (1659) Wing L712; ESTC R17886 441,775 362

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as refused to relieve His poor Saints and Members in their wants and distresses 5. Justice and Mercy in this kind are great Preservatives of Peace and Prosperity in Humane Societies and therefore God so often calls for the observation of them 6. A little Estate justly gotten wisely used is always accompanied with God's Blessing and transmitted to Posterity without any curse or guilt In this respect a little which the Righteous hath is better then the Riches of many Wicked Psal. 37. 16. 7. Works of Mercy and Benevolence to them who are in want and misery are highly commended and to them a rich Reward is promised For what is given to the Poor God takes as lent unto himself and He engageth to re-pay with Interest And if these be shewed to the Saints in the Name of Christ the least of them to a cup of cold Water shall not lose the Reward or be forgotten either in this life or in the life to come when Christ shall give possession of an Everlasting Kingdom to merciful men 8. Justice and Mercy render men like unto God and are Duties most agreeable to Christians who have believed in Christ and must love their Brethren with a dying-giving love seeing Christ dyed and gave Himself for them and they have so deeply tasted of God's love in Him CHAP. XV. The Ninth Commandement AFter that God had determined the right of persons § I and things by the former laws he here prescribes a rule of judgement For as in the civil law some observe 1. Jus. 2. Judicium as the parts and members of the same and meanes to observe justice So it 's here That which they call Jus Civile is nothing else but the law determining the right of persons things actions both publick and private And that which they call Judicium is nothing else but certain rules regulating judgment which determines whether the law hath been obeyed or disobeyed and the right determined by law observed or violated and proceeds accordingly So that as the former four Commandements determine the right of persons and things to be observed by man so this prescribes a rule for the better ordering of Judgment The end therefore of this law is to regulate Judgement and to prevent unjust and stablish just Judgment amongst men This therefore is the originall of all humane jurisdiction and civil Courts For the better understanding thereof you must observe that all civill power is threefold legislative judicial executive and all governments once constituted begin to act in making laws goes on in judgment according to these laws and end in execution according to this judgment For execution is the last act and consummation of civil power The former Commandements give certain rules for the enacting of humane laws this of ordering humane judgment That some understand this Commandement so as though all sins of the tongue were here forbidden is not true Because Perjury and Blasphemy are forbidden in the first Table reviling words against our betters in the 5th Racha and thou Fool in the 6th Bawdry in the 7th lying for gaine in the 8th Commandement Others think that the end of this is to provide for our Neighbours fame and good name Yet this doth not reach the true scope of this law which is as you heard before to establish just judgment These things observed § II for to cleare the order manifest the scope and give some generall light I proceed to the explication of the words of the Commanment which is negative and therein we may observe 1. A party litigant whose cause is brought before a judge 2. Witnesse to give-in evidence in the cause 3. The testimony 4. The quality of it 1. The party litigant is our Neighbour whether friend Kinsman stranger enemy considered as litigant and in this place it may signifie either the Plaintiff or Defendant For all causes are brought into Courts of judgment by information and complaint And here I need not distinguish of causes which are according to some civil criminall capitall nor of Courts whereof some are supreme receiving last appeals and are not bound to formalities or subordinate and inferiour Courts which have a limited jurisdiction and are bound to a certain form of proceeding 2. The witnesse is one that is or should be indifferent to the cause and in no wise inclined to the partyes and hath or is supposed to have some certaine knowledge in the matter complained of and controverted and so is able to give some evidence to the judge who is bound not onely to know the law but the thing controverted before he give judgment For no man can justly judge of that which he knows not 3. The testimony is an act of a Witnesse as a Witnesse whereby he declares or pretends to declare especially to the Judge his knowledge in the cause controverted The end of it is to give evidence that so the merit or demerit of the cause may be known And because this testimony is given upon examination and interrogation therefore in the originall Not to beare false Witnesse is Not to answer false Witnesse The Testimony in this respect puts on the nature of an Answer which is given especially in doubtfull causes upon Oath and the Oath is taken to make the testimony credible because it 's supposed no man will hazzard his soul and interest in God And because it 's the highest degree of confirmation in such causes it 's therefore said to be an end of all strife Heb. 6. 16. 4. The quality of the Testimony is the last thing in the Commandement and it may be either true or false and so either promote or hinder justice do right or wrong unto our Neighbour litigant Truth and Falshood are not onely essentiall but accidentall qualityes to a testimony and because men are not infallible therefore their testimony may be false as well as true And the quality forbidden is falshood the quality commended is truth for God saith Thou shalt not beare false Witnesse In this Commandement as in severall others there is a Synechdoche For hereby witnesse giving evidence we must understand all partyes that any wayes actively concurr to judgement Whether they be the partyes litigant Plaintiff or Defendant as the Judge or the partyes assistant as Sollicitours Atturnyes Advocates Notaries and Clarks or such as are trusted with the execution either of Writs or Judgment The reason why Witnesse is onely named is because judgement doth so much yea necessarily depend upon Evidence and one kind and the same most usuall is by Witnesses Yet by testimony must be meant all other kind of evidence and in this Word is also a Synechdoche for by it we must understand all judiciall acts as Complaints Apologies convention plea sentence execution The meaning therefore of the Commandement must be this Thou shalt not any wayes concur to unjust judgement neither shalt thou hinder but thou must do thy best to promote justice in all causes and tryalls So that injustice in