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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A46904	The judge's authority or constitution a sermon preached in the Cathedral Church of St. Peter in York, upon Monday the 7th day of March 1669/70, at the assizes holden for that county before the Right Honourable Baron Littleton, the Right WOrshipfull Sr. Philip Monckton, Knight, being High-sheriff of Yorkshire / by James Johnson ...	Johnson, James, 1639 or 40-1704.	1670 (1670)	Wing J777; ESTC R3892	21,460	41

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

that renowned act of Brutus who condemned his two sons to be executed for conspiring with Tarquin's Embassadours against the Common wealth sacrificing their lives for the preservation of that justice which was more dear unto him so exactly was he observant of what 's here prohibited not to respect persons The last prohibition is 3. Thou shalt not take a gift Omnia venalia the complaint of old that all things are set to sale grows yet but slowly out of date being still too much verified amongst us whilst scarce any office or place is to be had without Judas his question what will ye give We have not onely of old had the Pope's ridiculous merchandise sale of pardons and of late the Poet 's venales manus sale hands or mercenary souldiers and still sale Churches by those who are rather the Plagues than Patrons thereof selling their own and the people's souls for Balaam's reward but venalem Justitiam sale justice or rather injustice under that name by those that are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 enhansers of fees bribe-eaters or ravenous devourers of gifts who hasten to the Tribunal as Dramoclidas Stratocles in the Historian tanquam ad messem auream as to a golden harvest hoping for such Clients that shall come to them as Jupiter came into Danae's lap per impluvium in a shower of gold after which they have a constant thirst continually crying out with the greedy daughters of the Horsleech give give This is a sin which hath both multitude of offenders to plead for it and the greatness of the delinquents to grace and countenance it insomuch as it is made a note of a generous and heroick mind to receive great gifts and not stoop unto any mean or sordid prey and it 's counted a badge of folly and sottish stupidity to be bashfull in exacting bribes when the party is backward in tendring of them few being of Epaminondas his resolution who though poor yet refused great presents sent to him saying If the thing were good he would do it without any bribe because good if not honest he would not do it for all the goods in the world Of the like mind was Phocion to whom an hundred talents being brought as a gift from Alexander he demanded of the messenger wherefore 't was sent to him rather than to any other of the Athenians and upon this answer returned because he knew him to be an honest and just man then said he I would entreat your master that he would suffer me to continue in my honesty and justice implying that he could not possibly be such an one if he suffered himself to be corrupted with rewards which when they are entertained the receivers of them are so far animated as they will adventure upon any villany suborn witnesses distort justice oppress the innocent devour widows and orphans betray their friends enervate God's laws and the King 's violate equity and conscience and whatsoever is or should be dearest to them Quid non mortalia pectora cogit Auri sacra fames These and many more are the mischiefs that are effected by the unsatiable thirst after that which as the Apostle speaks is the root of all evil all the other corruptions of justice are small and inconsiderable if compared with this This is more dangerous in its enterprises more successfull in its event more pernicious in its practises more bewitching in its allurements more secret in its workings and more universal in its infection than all the other intercepters of justice and judgement and therefore whereas they are mentioned with a single prohibition this is urged with a double enforcement for First It blinds the eyes of the wise Secondly It perverts the words of the righteous 1. It blinds the eyes of the wise A sword is put into the Magistrate's hand but a bribe turns the edge thereof though the law bids strike yet a gift stays the hand when the law should give sentence if there be bos in lingua it stops its mouth so the wise son of Sirach Presents and gifts blind the eyes of the wise and stop up his mouth that he cannot reprove Wresting of Judgement distorts and draws the eyes aside and favour makes them pore-blind but gifts quite blind and put them out The Ancients painted justice peplo oculis obducto with a veil drawn over her eyes to signifie that no partiality by bribes or other means should be admitted in the administration of justice and the Statues of the Judges in Egypt were without hands and with their eye lids closed against those two soloecisms respecting persons and taking gifts so also the Judges Oath in Athens protested against both with imprecation and wish of destruction to himself and his house if he transgressed in either to prevent both which was Jethro's direction to Moses to choose out for Judges those that were men fearing God and hating covetousness fearing God that they might not respect the persons of men and hating covetousness that they might not receive a gift which as it does blind the eyes of the wise so Secondly It perverts the words of the righteous verbainnocentium or justorum as some Causas justas as others verbarecta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Chaldee paraphrase right words or the words of those that would seem to be or are or should be righteous It perverts the words of him whose tongue is hired to speak what another pleases of the Pleader that shall argue indifferently for right or wrong as his fee emboldens him that shall palliate and smooth over any cause though he speaks against his own and the judgement of the law which is venalis Advocatorum perfidia as was sometimes said of the Roman Advocates such being like the Oracle of Delphos whereof Demosthenes complained in his time that it did speak nothing but what Philip would have it who had given a double fee. It perverts the words of the Jurours who often weigh out their sentence proportionable to the gift that 's received with whom the greatest evidence often times is not half so convincing as a secret gift a bribe shall be more perswasive than all the evidentest testimony that can be brought their mouthes will be open for him whose hand is so towards them and that cause shall be best which brings the best reward with it Ibifas est ubi maxima merces Lastly It perverts the words of the witness who will swear or forswear at what rate his briber will have him who regards not so much what Oath as what gift he hath taken for which either Naboth's blasphemy or Susannahs adultery shall be attested though neither the one was spoken nor the other done like knights of the post that make a jest and sport of an Oath a play and pastime of a deposition that will exchange a testimony which is verborum munus as some

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 nunquā placuit cuiquā 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 Aca●emicâ relictâ Miles evasit f Philippus ex utroque g Vejanius armis Herculis ad postem fixis latet abditus àgro 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. 1● 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. Pe● 2. 14. Prov. 8. 15. Rom. 13. 4. Epise nup. Linc. Med. 2. 2. Ignoranti●● judicis saepè fit calamitas innocemis In animis hominum multae latebrae Rom. 13. 4. v. 3. Maxima peccandi illecebra est impunitatis spes In severit●●● judicis sita e●i legum authoritas Qui par●● mali● laedit bonos Parcendo saevit v. 3. Camerar p. 398. Camer p. 400. Justitia jus suum cuique tribuit Remotâ justitiâ quid sunt regu● nisi magna la●●oci●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 wo●d should fall from him besides his cause in Eph. 6. 9. vir gregis qua itur non quâ eundum Heluones patriae p●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 s●cer à genero fratrum quoque gratia rara est c. Lucrum in arca damuum in consci●●tia Eò etiam sacra illa sames nonnul●os adigit vt patriae preditores fiant ut Philippu● Macedo non tam armis quàm auro libertatem Graeciae expugnavit Diffidit urbium portas vir Macedo subruit aemulos Reges muneribus munera nav●ium Savos illaqueant duc● 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 qu● plus ponderis ita magistratus in ●am in quâ plus aeris Cambyses Persarum Rex Sesamen unum ex Judicibus quòd injustè ob pecuniam judicâss●t interemit interempto detractum corium in lora cons●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 ●mp oborum ●uramentum ●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. 1● 2 Chr. 19. 6 7.