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A72992 The magistrates charter examined, or his duty and dignity opened In a sermon preached at an assises, held at Sarum in the county of Wiltes, on the ninth day of March, last past, 1614. By Bartholomevv Parsons Batchelour in Diuinity, and vicar of Collingborne Kingstone in the diocesse of Sarum. Parsons, Bartholomew, 1574-1642. 1616 (1616) STC 19349; ESTC S123231 21,367 40

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selleth righteousnesse which he ought to bestow freely Of affections doing nothing for respect of persons for which cause in old time obducto velo iudicabant they iudged hauing a veyle ouer them d Muscul in Psal 82. and the bare causes were iudged without any mention of the persons e ●●em in Psal 45. putting of all affections of feare which will make them loath to displease of loue which will make them ready to please of hatred which will make them ready to reuenge For Perit omne iudicium cum res transit in affectum f Senec. Iudgement is quite vndone when the matter is caried by affection Exuit personam c. He putteth off the person of a Iudge that putteth on the person of a friend saith Tully or of an enemy say I. A third property to be imitated expressed is his Clemency and Mercy The Lords is mercifull and gracious slow to anger and plenteous in mercy g Psal 103.8 The Mountaines the strong foundations of the earth that is the Magistrates must so do iustly that they must withal loue mercy h Mich. 6.2.8 And a Kings Throne is as well vpholden by Mercy as by Iustice i Prou. 20.28 For as Chrysostome saith Iustice without mercy is not iustice but cruelty as on the other side Mercy without iustice is not mercy but foolish pitie There is a time to spare as well as to smite k Eccles 3. when not summum ius extreme right but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the moderation of right must take place The Wise man forbiddeth to bee too seuere l Eccles 7.14 Acerbis iudicijs magis vastatur quā corrigitur ciuitas saith Salust A Citie is rather ruinated then reformed by sharpe Iudgements And when this relaxation of the extremity of Law must be vsed the peculiar circumstances of times places persons and occasions will shew A fourth iudiciary property is Power and Courage in execution Might is Gods as well as wisedome m Dan. 2.20 None can resist his will n Rom. 9.19 Babylons iudgement will assuredly light vpon her because the Lord is strong that iudgeth her o Reu. 18.8 And the earthly Gods must bee men of courage p Ex. 18.21.25 strong and shew themselues like men q 1. King 2.2 Not like Rehoboam tender-hearted and not able to resist the sons of Belial r 2. Chr. 13.7 nor like Dauid at his beginning so weak that any sons of Zeruiah should be too bard for him ſ 2. Sam. 3.39 not bearing the sword in vaine against any euen the great Ones nor suffering wholesome Lawes to be like spider webs which do infirmiora animalia retinere valentiora transmittere as Anacharsis said t Valerius maximi de memorabil Hold the weaker creatures but let the stronger passe through but euen taking an order for bloudy Ioabs cursing Shemies treacherous Absoloms aspiring Adoniahs and punishing sinne as well in the necke and shoulders as in the legges and feete of the body politicke Now in all these properties I may say with Paul I haue nothing to accuse my nation of u Actes 28.19 I haue nothing to lay to the charge of our reuerend Iudges heere present x Sir Henry Hobart Knight Baronet L. chiefe Iustice of the Cōmon pleas Sir Laurence Tanfield Knight L. cheife Baron of the Exchequer I cannot God be thanked vpbraid you as Paul did the Corinthians with going to Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before vnbeleeuing Magistrates infidels for their faith or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vniust for their practise and conuersation y 1. Cor. 6.62 Nay if vox populi bee vox Dei the voyce of the people bee the voice of God herein the eare that heareth them blesseth them and the eye that seeth them giueth witnesse to them z Iob 29.11 and of them that they are with Ioseph of Arimathea good and iust men a Luk. 23.50 that with Moses they sit to heare matters from morning to euen b ●●od 18.14 that with Iob Where they know not the cause they search it out diligently are fathers to the poore breake the iawes of the wicked plucke the prey out of their teeth put on righteousnesse as a garment and iudgement as a robe and diademe c Iob. 20.12.14.16.17 that their moderation is knowne to all men d Phis 4.5 that they heare and iudge the small as well as the great e Deut. 1.17 yea and the great as well as the small Not sparing with Moses to hang vp the Heads of the people f Num. 25.4 euen to punish the great ones after their desert Therefore I haue no reprehension but onely an admonition vt faciant quod iam faciunt That they do still that which they doe at this present I haue no rod to come to them with nouae but an enge well done good and faithfull Stewards of the high God as you haue begun so continue that the great Maister when hee commeth may finde you so doing g Math. 24.46 as you run well so finish your course that the Lord Iesus that righteous Iudge who hath honoured you heere with his name and Throne may honour you hereafter with a Crowne in corruptible and a Kingdome that cannot bee shaken To him with the Father and the Holy Ghost three Persons and one God bee giuen blessing Honor Glory and Power now and for euer Amen FINIS
diuinitie when he saith Quod si Christiani olim c. i Bellar. lib. 5. de Rom. Pont. cap. 7. But if Christians heretofore did not depose Nero and Dioclesian and Iulian the Apostata c. it was because they lacked temporall strength the one saith they were subiect for their eternall Lords sake the other they were subiect did not depose for want of temporall strength Againe here is admonition for some speciall persons at such speciall times as these are for actors that commence suits for Aduocates and Lawyers that plead and prosecute matters for witnesses that are to testifie and giue in euidence and for Iuries that are to bring in verdicts to carry themselues as in the presence of God to doe nothing before Gods Lieuetenants which they would not doe before God himselfe whose the iudgement is and who standeth amongst the Magistrates and iudgeth amongst them as in the first verse Art thou then an Actor one that hath businesse against thy brother bring not a friuolous suit not worthy of Gods cognisance to his iudgement seate Non vacat exiguis rebus adesse Ioui Iupiter is not at leasure to attend on small matters is a good rule here it is not fit the Magistrate should be pestered with such petty matters and it were well if Iudges would take Gallioes course k Acts 18.16 driue such Actors and actions from the iudgement seate And if not a friuolous much lesse an iniurious suit For wouldst thou haue him a patron of thine iniquity the habitation of whose seat is equitie an iustice l Psal 89.14 the scepter of whose kingdom is a scepter of righteousnesse m Heb. 1.8 Wouldst thou haue the iudge of the whole earth deale vnrighteously in thy particular Art thou an Aduocate to plead and prosecute matters consider that thou standest before the God of truth shouldst do nothing against the truth n 2. Cor. ●● that thou shouldst not nimium altereando by too much wrangling with thine opposite endeuour as the old Greeke Sophisters were wont 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make the worse side the better not bee like that Rhetoritian that could Mirificè res exiguas verbis amplifie are o Eras Apotheg in Agesilao wonderfully amplifie small matters with his words whom Agesilaus thought no more commendable for it then the Shooe maker that made great shooes for little feet but rather that thou shouldst with Iob in the gate be an eye to the blinde that cannot see their right a mouth to the dumbe that cannot tell their owne tale and feete to the lame that want actiuitie to follow their owne causes Take not then a knowne manifest cuill cause in hand Iustus aduocatus à nullo iniustas caus as accipit p Greg in Ezek. A iust Aduocate will not retaine vniust causes of any one Be not as those Aduocates of the Romish Court of whom Bernard complained q Bern. de considerat lib. cap. 9. Hi sunt c. These are they that haue taught their tongues to speake lies glib-tongued against righteousnesse skilfull to defend falshood wise to doe euill eloquent to oppugne the truth Art thou a witnesse to testifie a. truth to giue in euidence remember that the iudgement is his whose wayes are truth who is God that cannot lie r Tit. 1.2 who hateth a false witnesse that speaketh lies f Pro. 6.19 and that if thou lie herein thou liest to God not to man t Acts 5.4 Let not Sathan then be a lying a false spirit in thy mouth u 1. King 22.22 wrest no mans words from his meaning as the false witnesses did our Sauiours x Math. 26.60 much lesse rise not vp a false witnesse to lay to any mans charge things that he neuer did y Psalm 35.11 Serue not any Iesabels turne to betray the life or liuelyhood of any Naboth z 1. King 21.10 An heathen man a Pericles apud Gellium lib. 1. cap. 3. being intreated to sweare falsly for his friend could answere that his friendship held but vsque ad aras vnto the Altars Binde not three sins periury false testimony and iniurie together for testis falsiàicus est tribus personis obnoxius faith Isidore b Isidorus de summo bono lib. 3. A false witnesse is faultie against three persons first God whom by forswearing he contemneth next the Iudge whom by lying hee deceiueth lastly the Innocent whom by false witnessing he hurteth If thou dost God will come as a swift witnesse and a Iudge too against thee c Mal. 3.5 and thou shalt not escape his punishment A false witnesse shall not be vnpunished and hee that speaketh lies shall not escape d Prou. 19.5 Is thy seruice vsed at this time as a Iuror Let it be thy care then and thy conscience too to doe it not onely with eye-seruice as a man-pleaser but in singlenesse of heart fearing God e Coloss 2.23 to doe it heartily not vnto men but vnto the Lord before whose iudgement seate thou standest in in whose prefence this work this imployment is put vpon thee On thee hangeth the making marring of other mens causes the punishing or acquitting of Felons Mutherers and such capitall offenders And that thou shouldst be faithfull and sincere herein thou hast an oath to bind thee euidence to informe thee a charge to warne thee and a Iudge aboue thee to correct thine errors Call not then euill good nor good euill little great nor great little Know that a verdict commeth of verum dicere speaking the truth it is a falsedict if thou do falsum dicere speake that which is false Straine not out gnats then neither swallow downe Camels binde not heauy burthens but proportion thy verdicts according to the equitie of Gods law which is That the stripes be according to the fault f Deut. 25.2 that as a man hath done deserued so it should be done to him like for like g Leuit. 24.19 Giue not occasion that it should be a by-word in our Israel that by two wicked and ten weak persons in a Iury many a good cause hath the foile And especially let not foolish pity preuaile with thee for the acquitting of wilfull wicked murtherers that now-a-dayes spill mens pretious bloud like water on euery side For if it were not commendable in the Mid-wiues of Egypt to lie for the sauing of innocent infants h Exod. 1. it is abhominable in thee to bring in a lying verdict if it could be a verdict for the freeing of bloudy miscreants Homicidas punire nō est effusio sanguinis sed legū ministerium i Hieron in Ezek lib. 4. to punish murtherers is no shedding of bloud but an executing of the lawes Non est crudelis qui crudeles iugulat k Hieron in Isai 13. He is not cruell wch slayeth the cruell Search diligently therefore into such weightie causes and bee not rash with thy