Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n judge_n king_n law_n 5,155 5 5.2571 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 4 snippets containing the selected quad. | View lemmatised text

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
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 law- 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
minde to be subject to principalities to obey Magistrates c. It is true we know Magistracy is distasteful to the proud and ungodly world because it keeps mens lusts from raging Quid non libido mentis humanae struat quid non malorum pruriat statum lacessunt omnipollentis Dei calumniosis litibus Prudent Hym. in Infideli and binds the hands from doing mischief And sure no man can be against Magistracy and good Order but he that would be subject to no Law of God and how can he be a good man then are they not called by St. Jude v. 8. Filthy dreamers that despise dominion and speak evil of dignities Exod. 22.28 Thou shalt not revile nor curse the ruler of thy people The Apostle Peter another of Christ's Followers gives the same thing in command 1 Pet. 2.13 14 15 Submit your selves to every ordinance of man for the Lords sake whether to the king as supreme or unto governors as unto them sent by him for the punishment of evil doers and the praise of them that do well for so is the will of God v. 15. This then is not commanded as though the ordinance of Government were of mans invention but of Gods appointment to be managed by men such as are appointed to this Rule and Office to punish evil doers as God hath ordained and cherish and protect those that do well This is the end of Magistracy The Anti-Magistratical Spirit then must not be owned of God nor can be secured by Scripture If the foundations be destroyed Psal 11.3 what can the righteous do But we must wave this point as to further prosecution and take up one of more immediate result from the Text and it is this That if Judges mean to discharge their duty well Doct. 2. and approve themselves to God it must be their care to judge rightly and administer justice impartially without regard to man as to what he is or what he gives This is God's Charge to Judges and thus good Judges must do in discharge of their Duty if they fear God This Inference lies close in the Text which renders this Doctrine Divinity and a ruled-case for Judges as a Principle of their Religion and Rule for their Practice And it were enough to quote the Text for proof but because you proceed secundum allegata probata and out of the mouth of two or three witnesses every word shall be established Mar. 18.16 as saith our Saviour take two or three more proofs for this Deut. 16.18 19 20. there Judges are set their business They shall judge the people with just judgement Si vis Tribunus esse imo si vis vivere manus militum contine Valer. Imp. Epist ad Tribunum thou shalt not wrest judgement thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise That which is altogether just shalt thou follow that thou mayst live So Levit. 19.15 Ye shall do no unrighteousness in judgement Thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour The merit of the Cause must be taken up and not the Person either poor or rich pity and respect must be laid aside in this matter a poor man must not be upheld in a wrong Cause nor a rich great man regarded for his gay clothing or Gold-Ring but justice must be done to each Jam. 2.2 3 4. as their Case is or else there is partiality which is forbidden for he that justifieth the wicked poor or rich or condemneth the righteous small or great are both alike abomination to the Lord Prov. 17.15 See in Job the character of a just Judge and his manner Job 29.14 15 16. I put on righteousness and it clothed me my judgement was as a robe and a diadem I was eyes to the blind and feet to the lame I was a father to the poor and the cause which I knew not I searched out And I brake the jaws of the wicked and plucked the spoil out of his teeth And again in that of Deut. 19.15 16. concerning the Judge how he must deal in a case of witnessing At the mouth of two witnesses or at the mouth of three shall the matter be established And the men between whom the controversie is shall stand before the Lord before the priests and the judges and the judges shall make inquisition and thine eye shall not pity but life shall go for life eye for eye hand for hand and foot for foot v. 21. So see your apportment and to what you are to heed Rom. 13.3 4. To be a terror to evil works and to encourage the good and they must not bear the sword of Magistracy in vain but distribute to every own his due as his works are found to be And thus you have some few of those many Directions which are given to Rulers up and down in the Word of God But would you consider a little the Reasons why Judges ought to be circumspect and inquisitive into to Causes for Trial and to be couragious in the impartial Sentence Besides the Reasons in the Text which prevail with all men fearing God there are some farther Considerations which may make you more circumspect about the matters you are to judge and the Sentence you are to pass 1. In respect of the Oath of God which you have taken your selves and it is you know to execute the Laws justly to the best of your skill Eccles 8.2 therefore must you use the best of your skill to finde out the truth and justness of the cause because of the Oath ye have taken Good men fear an oath 2. In respect of your Places and Office you are chosen out for this purpose 2 Chron. 9.8 as men of wisdom and skill yea men of integrity to do right to all and wrong to none You are taken as it were into Gods Throne and to supply the place and do Gods work with men Psal 82.6 and you are called petty-gods therefore must you do your utmost and be diligent to search out the truth for cursed is he that doth the work of the Lord negligently or deceitfully Jer. 48.10 Had you not need be circumspect then 3. In respect of the Causes that come before you to be determined justly they are many of them matters of high concernment some of them of life and death and matters of making or undoing of men as to their outwards And the truth lies deep and the points nice which are controverted Causes not unlike for obscurity to that brought before Solomon 1 King 8.22 about the living child laid claim unto by two mothers at once stifly pleading each their interest in the child but of right it belonged but to one of the two and if care and wisdom had not been used the right might have suffered wrong Now with you 't is much alike and
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