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A91477 The judges charge; delivered in a sermon before M. Justice Hale, and M. Sergeant Crook, judges of assize, at St. Mary-Overies in Southwark, Martii 22. 1658. As also setting forth, the necessity of magistracy, for the weal of a people. With a serious item and admonition to all unruly spirits, that despite dominion, and resist the ordinance of God. By Rich. Parr, M.A. sometimes Fellow of Exeter-Colledge in Oxford, now pastor of Camerwel in the county of Surry. Parr, Richard, 1617-1691. 1658 (1658) Wing P547; Thomason E947_2; ESTC R33023 21,680 40

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vain for he is the minister of God to execute wrath on him that doth evil Rom. 13.4 And let me tell you that are guilty of murder or theft of perjury or blasphemy of adultery or fornication of oppression or false accusation or of any other crime or misdemeanor condemned by the Laws of God or just Laws of the Land that though for the present your faults lie hid while the faults of others are discovered yet know that your hiding is but a sorry security for your life or liberty your secrecie from the eye of man and protection from the stroak of Justice to be executed by man and so ye are not afraid yet consider with trembling that the all-knowing Judge the great God hath discovered you already he needs no Informer you are all bound over to that great Assize where he sits in Judgement immediate 1 Cor. 4.5 The counsels of the heart are not hid from him for there is nothing hid that shall not be discovered nor covered that shall not be made known For God will bring into judgement every secret thing Eccles 12. las It is but a little while Rom. 14.12 and God will call us all to an account for what we have done and for what we should do and have not done how we have acted upon the stage of this world For we must all appear before the judgement-seat of Christ that every one may ceive the things done in his body 2 Cor. 5.10 every one must bear his own burthen according to that he hath done Then Sirs what will become of the wicked the unjust and the ungodly where shall they appear shall not the wicked be turned into Hell O what a fearful thing it is for wicked men to fall into the hand of the living God! Heb. 10.31 when he is angry he is a consuming Fire Take heed therefore what you do that you do nothing against God and his Laws for though man may not find you out God will who can protect you therefore if you have done foolishly repent and do so no more So much for the first Use to you that it may be thought your selves not much concerned in this business II. Now my next business is to you who are more neerly concerned in the work of this Court of Justice lift up your ears and attend to your Charge and take heed you do your Duty 1. To those that have Causes and Suits depending 1. A few words of caution and advice to you that have or may have any Causes or Suits to be tried and determined take heed what you do if two be at variance about any thing the right lies but on one side one must be in the wrong lay not claim to that which of right belongs not unto you And in case you be ignorant of the Cause see if you please your Counsel and tell him truly how it stands with you and that you would not stand in an evil or wrong Cause make not your Cause better then it is but tell him the truth that you may proceed or desist as your Cause is good or bad Well if you fear God you will not hire him to advocate in a wrong Cause to pervert Judgement and abuse the Judge take heed you do not But if you will go to Law right or wrong know and be sure though you may prevail here you shall be cast at the High Court of Appeal for poor wronged Ones in another World Contend not in or for any thing here on Earth which you dare not appear with before God And if this be seriously considered many Men might let fall their Suit which they know is not just and right And if you must to Law take heed you hire not Witnesses or tamper with them to make them speak and swear for you falsly O the guilt of false witnessing and perjury will be on your Souls as well as theirs take heed what you do in this Case also 2. If the matter in controversie and Suits commenced be about words and brawlings as too many be why for shame be not common Barrators let not your weakness appear so in publick Is there not a wise man among you at home where you dwell to take up the dispute and moderate your passions but you must be at a great charge and pains to be laughed at and counted fools for your labour and made the common talk and recreation of the standers by Why Friends if you are so unhappy as to have such frivolous controversies will you usher up your heats of passion to this Court O be not such Fools as to publish it on the house-top 't is too much you have done to enter on a controversie of such a nature be not so brutish to persist in your errors O that Judges would sharply reprove such clamorous and contentious Spirits and all those that dare appear to plead for contentious persons If there be any such among you let fall your Suits and follow Christs counsel Christs counsel for ending Law-causes Agree with thine adversary quickly while thou art in the way with him Mat. 5.25 2. To those that are come for witnesses 2. To you that are Witnesses in any Cause depending or against the Prisoners at the Bar take heed what you swear and take heed you speak the truth and nothing but the truth without fear favour hopes of gain or malice I 'll give you in these two or three Scriptures your caution and direction Exod. 23.1 Thou shalt not raise a false report put not thine hand with the wicked to be an unrighteous witness Add to this the ninth Commandment Exod. 20.16 Thou shalt not bear false witness Thou wilt not if thou fearest God either forge a falshood against any nor maintain a falshood bearing witness see Prov. 19.5 A false witness shall not go unpunished and he that speaketh lyes shall not escape For if you do the Judge may finde you out and punish you but if he do not to be sure God will And if there be any amongst you that are come with false accusations or slanders ye are of your father the devil who was a lyer from the beginning an accuser and slanderer John 8.44 Rev. 12.9 10. his works ye do and wages ye will undoubtedly have Take heed of false accusations and slanders whose life is safe whose estate or livelihood secure if thou make no conscience of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Accuse no man falsly Luk. 3.14 i.e. whisper not any accusation against another wrongfully neither to pleasure such as seek occasion against one nor to blast him or expose him to wrong 3. To the Jury 3. To the Jurors you are returned to succour your Country and serve the designs of the Court It is expected you should be men of sound heads and honest hearts men of conscience and parts that you fear God and understand your Duty The lives and estates of men are much in
relieve us and right our wrong and suffer us not to be abused Will you take heed and do it But if you will not for all this remember it was a Gallio which cared for none of these things but he that was a man after Gods own heart did revenge the wrong done to his servants 1 Chron. 19.8 2. There is one grievance more you must help this County in and rid the Country of those innumerable Pest-houses we mean the Tipling-houses that pester the whole Nation and ruine whole Families the very bane of their neighbourhood the ulcers of a Commonwealth the Devils Nurseries In them you have Gods sacred Name blasphemed his creatures abused there you have the contentions of wicked men and lewd there confederacies and combinations are entred into there your plots are laid for thieveries and robberies thence you have your Goals filled and so many Families impoverished and must these be tolerated Sirs you that are the standing Magistrates of the County will it be for your honour think you to give license to such so many Some you say there must be but why so many If you tolerate no more then need there need not one of ten of what there are and if some inconveniences must be winked at why not as few as may be Well if you mean not to suppress them let this be granted That their Signs may be set up that men may know what is to be found within and whither Ale-house-haunting doth determine let these Motto's be on their Sign and over their Door Here you may buy beggery and disgrace at a deare rate Here you may learn the way to the Stocks the Goal the Gallows and to Hell O that you would do the County a little right in this while you are met together and put some period to the increase of them at least if not to their extirpation take heed and do it and to some purpose let it be done or else you will leave sadness upon the hearts of good people that fear God among us when they shall see that God is still dishonoured and that Magistrates have so little concernment for it And now to conclude my Lords the Judges and you the rest in Commission seeing 'tis in your power to relieve us let me beseech you for the Lords sake for your own sakes for the Countries sake and the sake of all that fear the Lord among us do something to purpose against wickedness and its instruments and something for godliness I am the more encouraged to speak unto you because of the expectation we have and the knowledge we have of your zeal and justness I must let you know that if you do not something this way you disappoint many that are looking after it from you Now as you fear the Lord leave among us some vestigia of your justice and goodness and be sure you lay the ground of future reformation as well as execute justice as to the emergent Causes before you that so you may give us cause when you are gone to bless God for you that you were here and to love and honour you as many as fear God and give some cause to the wicked to fear you let them see that you bear not the sword in vain Give us some cause to say with gladness We had I 'll take leave to use your names Hales and Crook those good men and just among us and that on March 22. began good Discipline and Reformation to take rise in our County O what an honour would this be to you and what a comfort to us Therefore in the Name of the Lord ye Judges Take heed what ye do for ye judge not for man but for the Lord who is with you in the judgement Wherefore now 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 Glory to God alone FINIS
Titles Bargains and Contracts which are brought to the Court not yet determined or agreed on And this I take to be the business of your Court of Nisi prius v. 8. 2. Matters Criminal of higher Misdemeanors Murders and Felonies Treasons or Blasphemies and this seems to be the concernment of that Court of Life and Death v. 10. between blood and blood And the same all-knowing righteous God sits over both Benches and is with you in the judgement of each person and cause This is an High Court of justice and we need no other Court of High-justice 3. Then thirdly there is another business for the Judges to do at this Court to receive complaints of Grievances and to see them redressed and to look to the standing-Magistracy of the respective places where such are to be reformed to execute the Laws in such cases provided for the weal of the Publick see v. 10. Ye shall even warn them that they trespass not c. And this may likewise include the Judges charge to the grand Inquest about Presentments and about Oaths and to Deponents and Witnesses that they trepass not by connivances or false accusations and false witnessing in any of the matters before them in the judgement for as your charge is strict so should you give a strict charge to others for it concerns you as you shall heat anon And so you have the Analysis or Resolution of this Chapter at least so much as concerns the Judges commission place and office and the matters that fall under their judicature Secondly We come next and now to the Text The King's charge to the Judges concerning those weighty matters before them to be judged and determined Wherein you may observe 1. The Person charging or instructing and it is Jehosaphat he that was King of Judah a good Prince and one that feared God and loved his Subjects and would have justice done in all his Dominions 2. The Persons charged and they are the Judges whom he had appointed to circuit from City to City to hear and determine Causes and to execute the Laws pro bono publico intending by them a thorough Reformation Inde latae Leges ne fortior omnia posset Ovid 3 Fast 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arles Eth. 5. For what else were good Laws made if not to be executed and what else is a Magistrate in his Administration but Lex loquens one that must give life to the Law which otherwise would be but a dead Letter 3. The charge it self about the Administration of Justice and Determination of Causes and doing Right to every one which Charge consists of three particulars with the Reasons to the inforcement of the duty which he gives them with a serious Caution and Command And in naming them we shall give you to prevent another labour for brevity the fuller sense and meaning of the words from the Original to make our Inference compleat and Application home 1. About the matters you are to determine and must pass your judgement Videte quid vos facientes the Hebrew Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Look what you are a doing Quid sitis facturi so Tremelius Take heed to what you are about The Syriack hath it thus fully Videte quid agati● fortes estote decernite judicium verum Take heed and decree just and true judgement with zeal and courage Consilium praecedat opus ne absurda sequantur And these together make the first Duty to consist in this That in the trying of Causes you consider heedfully the Question observe your Rule you are to judge by search after the truth This was that which Solomon begged of God 1 King 3.9 28. which lies deep take pains to sist it mark well the proofs understand the cause use your judgement and wisdom in discussing the point search out by trial Take heed to what you are about It is not an easie matter to be a just Judge or Determiner of intricate things considering how many actors and advocates that are subtil and crafty on either side in very many Causes that come before you Deal couragiously Take heed you do no wrong This is the first cautionary counsel 2. About the Sentence which must proceed from you to end the controversie according to the intent of the Law When you have found out the truth Iniquitas est ab aequitatis regula in alterutram partem declinati● Osor de Just 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sept. Justum esse facile est cui vacuat pectus metu Sen. and discern what is to be done in the case cease not to apply the Rule deliver the Law impartially which is the second Injunction in the charge Take heed and do it Custodite keep the rule and truth together facite do it fortes estote be ye valiant and resolute fear not to do Justice Observate facite serve and do it so the Septuagint Judges must be very wise and very valiant that they may administer true Justice impartially 3. The Caution for prevention or interruption in the manner and matter of executing just judgement 1. Respect no mans person Libertatem arguendi amittit qui ab eo accipit qui ideo dat ne corrigatur Ambros 2. Take no mans bribe let no man daunt you no gift corrupt you no friend byass you Qui induit personam judicis exuit amici Cicer. For Deut. 16.19 a gift doth blinde the eyes of the wise and pervert the words of the righteous 4. The Reasons to enforce this Charge and to set it home on the conscience that they may be careful in the matter of judgement and faithful in the manner of executing Justice impartially and with unbyassed and undaunted resolution and they are four all referring to the great holy and just GOD which the King presumes they fear 1. The Judgement you pass is for or against the Lord as it is right or wrong the matter concerns man but the justice concerns God Truth is God's Cause which he would have maintained 2. God is with you in the judgement and in the matter ye judge and in the sentence ye give with you 1. with his presence of intuition sees what you do 2. with his presence of protection and approbation in your Justice doing 3. or with his presence of correction to punish and judge the Judges if corrupt or negligent 3. God is your King and Judge and also your Pattern which you must follow in this He cannot be bribed to do unjustly nor flattered or awed into partiality neither must you if you will approve your selves to God in the business you must not let Justice fall through fear or sell it for gain neither careless coward or covetous can be a good Judge 4. As you fear the Lord as his dread is upon you or as you love and honour him if you would have any favour from him if you would approve your selves to him Take heed and do it let the fear of the Lord be