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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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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
oftentimes as Seneca speaks Involuta veritas in alto latet Had you not need therefore to be very cautious and diligent in your Inquisition lest you do wrong to whom you ought to do right for as Austin saith of ignorance in a Judge so may we say of the carelesness of a Judge Negligentia Judicis calamitas innocentis est 4. Lastly in respect of the persons you have to deal withal you had need take care courage too both to find out the truth and execute the Laws And indeed you will finde that all men have not faith i.e. they are not men of truth and honesty not ordinary morality you may not readily believe all reports nor take upon trust without your own search nor rely upon their own words nor own many men though they swear to it 1. For there are some Right Worshipful Oppressors and Gentlemen criminous some that would have Naboth's Vineyard or his Life and have wit and money enough to make the best of a bad matter and will speak big words Prov. 18.5 7. and would fain awe the Judge to make him judge according to their tale and interest You had need of care and courage seeing some men are such 2. There are Advocates which plead before you and they have art and tongue enough for their Clients and an hand for a Fee right or wrong and are able to make the best of a bad matter or so to entangle the truth or hide it that 't will require wisdom indeed to finde out the fallacy for of such Sophists may be said as Prudentius in his time in his Hymn against Infidels Solvunt ligantque questionum vincula Prud. Hymn Infideliis Per syllogismos plectiles Fidem minutis dissecant ambagibus Ut quisque lingua nequior 3. There are Witnesses and upon Oath I should not name an Oath nor you hear of it without trembling because of oaths the land mourns not onely vain but fallacious also Yet you my Lords know that there are Knights of the Post abroad and no doubt you have in your observations discovered how far fear or respect Non solum ille reus est qui falsum de aliquo profert sed is qui citò aurem criminibus praebet Isid lib. 3. de summo bono malice or reward will prevail with the ungodly Vulgar to bear false witness and stand to it too Had you not need to be circumspect then because of such whose consciences are Iron and whose brows are Brass 4. There are some likewise which have a great part in the transactions of Causes which should be men of steady heads and honest hearts and under an Oath too they are all But alas how often do you finde them abominably deceived or wilfully mistaken or tamely led by a Fore-man and basely byassed by some squint-eyed respect fear or affection In as much that you have cause to say The united many are deceived as well as the divided unity And alas among all these how but too often is the good truth tortured and judgement wrested and will be still if you the Judges take not very great care to relieve it Take heed therefore for you need be circumspect in that respect also And so have I done with the Doctrinal part of my Text wherein you have heard your Charge and how it hath been proved by Scripture and Argument to be your indispensible Duty We come now to the Applicatory part as it is my Message from the Lord and my Duty as I fear the Lord and I must be faithful in it too lest while I press you to yours I forget or neglect my own for this Take heed in my Text is my Rule and Injunction as well as yours I must do it and shall I fear God APPLICATION 1. In the Name of God to you the Many 1. To the Many that are hither come and have no farther business then to be lookers on at this time and to observe the transactions of the several Courts without much awe of Gods presence upon your Spirit or due respect to Magistracy or Justice 1. Be it known unto you whoere you are believe it and receive it for a truth That Magistracy is an Ordinance of the great God for the good of Mankind take heed therefore that you resist not nor murmur against it but obey it and submit unto it for the Lords sake lest ye be found fighters against God and suffer as evil doers bringing upon your own heads damnation Submit your selves saith the Apostle to every ordinance of man for the Lords sake for so is the will of God and in so doing you do well 1 Pet. 2.13 15. God will not endure you if ye will not endure that which he hath ordained Rom. 13.2 Whosoever therefore resisteth resisteth the Ordinance of God Rom. 13.2 and they that resist shall receive to themselves damnation whether you be great or small few or many 2. To you that desire to live quietly and honestly in the world and to keep a conscience voyd of offence toward God Man let this be for your comfort and incouragement in so doing the Magistrates are your Guardians and the Law your Protection Rulers are not a terrour to good works but to the evil Rom. 13.3 if you do well and walk within compass if Rulers fear God they must preserve the innocent The Law was not made for a righteous man to condemn or vex him but for the wicked to punish them If thou do evil or mean to be wicked you must expect to smart by it In 1 Tim. 1.8 9 10. as there so in this case with us The law is good if it be used lawfully knowing this that the law is not made for a righteous man but for the lawless and disobedient for the ungodly and for sinners for murderers and man-slayers for whoremongers for lyers for perjured persons c. to curb and to condemn such But 't is for the sake of the Good also that good Laws and good Magistrates are ordain'd that these might not be wronged A culpa cum sitis innoxii non estis ulli obnoxii that they may live quietly Take heed therefore that ye walk circumspectly not as fools but as wise take heed ye do no ill but well so shall ye not only be protected but praised 3. To all you that have heard what a strict charge the Judges lie under and that as they scar God and must answer for it if they perform not their duty as they ought both for finding the Offences and executing right Judgement impartially Let it be for terror to you that lie under any guilt though not yet discovered or that have wicked designs in hand not yet brought to the birth Know that if you be brought to the Judgement-seat your wickedness shall be found out and your punishment must be according to your fault you may not expect to escape by any means be affraid for he beareth not the sword in
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
your power the Law hath committed it to your Verdict Now if you go about this business carelesly partially or give up your blinde consent to your Fore-man without weighing seriously the proofs and directions you may and will wrong the truth shame your selves blemish the care and discretion of them that returned you for good men and honest abuse the Judge spoil a good Cause cause the guiltless to suffer and the guilty to escape dishonour God wrong your Country and ruine your own Souls Take heed therefore what you do and do according to your Oath let the fear of God be upon you you are Jury-men be not perjur'd men you come to the Court and are sworn O do not go away from it for-sworn men Alas when you come home what will you do with those Oaths which will rot your consciences Take heed what you do and be diligent wise and impartial and that you do as good men should do that are under an Oath 4. To the Counsel and Lawyers 4. I have not many words to them because there are not many of them within hearing it seems it is not their manner to leave their Market to follow the Judges to a Sermon Well you that are here if you be capable of a little good counsel for your selves who pretend to give so much to others Take heed what you do Do you fear God indeed as you pretend and will you plead in any Cause you know God disowneth are not you to plead for the Lord as well as the Judges to judge for God have you a dispensation to speak as you please for your own advantage right or wrong may you speak against the truth and right as well as for the truth God is the great Patron of truth and innocency and dare any of you plead against it that would not be found against God The Apostle Paul going about to make it manifest to the Corinthians that he and the other Ministers of Christ were not Reprobates this is one of the Arguments he useth 2 Cor. 13.8 For we can do nothing against the truth but for the truth And have you power to do and plead again the truth Take heed you be not found David makes it one Petition in his Prayer That he might be delivered from a lying lip and deceitful tongue O Sirs take heed you wrest not judgement the Law of God for you is this Psal 120.2 Thou shalt not speak in a cause to decline after many Exod. 23.2 to wrest judgment and he that justifieth the wicked be he never so great or rich or for whatever advantage Prov. 17.15 or he that condemneth the just be he never so poor or friendless both are to God an abomination And if you know a forehand that the cause you plead for be bad and that you speak against be good and yet will bend your strength wit Oratory and interest in your Judge to defend the Bad and overcome the Good A good man that fears God would not be in your Gown with your conscience for all the money in your purses nor reputation you have for master-skil in the Laws Sirs Men are emboldened to do wrong and dare do it the rather because they the worst of the worst of them can finde some to defend them among your robe But to you I have to say Take heed God sees you and knows what you speak and what you design Consider that of Tully he would have A good Orator a good man also Vir bonus as well as dicendi peritus I remember what somewhere I have read of Justus Jonas that famous Lawyer what was said at his death for all his great skill in the Law Quid juvat innumeros scire atque evolvere casus Si facienda fugis si fugienda facis This man knew well and did ill Mat. 16.26 and what will it profit a man to gain much of the world by his skill and lose his soul at last Prudentius hath this severity against all those which use their wit and interest to wrong ends Vae captiosis sycophantarum strophis Hymn in Indeliis Vae versipelli astutiae I shall give it no other English then what I finde in the Prophet Isaiah Wo unto them which call evil good Isa 5.20 21. and good evil that put light for darkness and darkness for light that put bitter for sweet and sweet for bitter Wo unto them that are wise in their own eyes and have wit to do evil Take heed what you do let the fear of God be upon you and refrain your tongues from evil and lips from guile and hands from bribes if you mean to see good days and be blessed in another world 1 Pet. 3.10 5. To the High-Sheriff Sir besides your presence and Guards for the quiet securing the Reverend Judges in the discharge of their Duties and due Administration of Justice you are to see to it that faithful sober men able and honest be returned from the several Quarters of the County to serve upon the several Juries which 't is presumed you have done as you fear God Besides you are to see to your under-Officers you must take heed you allow not any of Gehezi's Acquaintance in your service neither you your man nor man's man must take a bribe nor wrong any But the main thing I would intreat of you and let me prevail with you if you fear God take heed to yonder poor Prisoners take care of them I mean not lest they should escape your chains and break your bolts I suppose there is good care taken for that as there should be too But Sir for the Lords sake and in tenderness to their poor Souls provide for their instruction Some now in your custody it may be must die for their crimes others may escape with their life and yet as unfit to live as others to die now the request is that they who are for death may as much as possible be fitted for death and those for life fitted to live better Do that for them and to them which hitherto hath not been done to any purpose by any before you as their business in this County but you have a good exemplar for it in the City prevail with some conscien ious men that love the Souls of the poorest wretches to deal with the Prisoners condemned most seriously and feelingly that poor condemned wretches may not go hence to another world without some Soul-conviction and repentance Do this as you fear God and have compassion on poor Souls and settle it in your time 6. To the Judges the rest in Commission And now my Lords the Judges and you the rest of the Bench who are by your places to act for the weal of the publick Suffer me but a little for I have yet to speak as Elihu in Job on Gods behalf Job 36.2 Do ye fear God if you do not you are not worthy your places nor fit to rule
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