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A11626 God and the king in a sermon preached at the Assises holden at Bury S. Edmonds, June 13. 1631. By Thomas Scot Batchelour in Divinitie, and minister of the word at S. Clements in Ipswich. Scot, Thomas, minister at St. Clement's, Ipswich. 1633 (1633) STC 21873; ESTC S100056 17,205 34

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to a golden harvest and I hope ye will as well look to the fingers of those about you Let it not be with you as with many great ones who are said to allot no other wages or reward to their servants but their avales of this nature partiality for favour findes easier entrance then the former but I beseech you remember that publick places afford not means of pleasuring private friends but follow that memorable example of Cleon who being called to the government of the Commonwealth assembled all his intimate friends and disclaimed all inward amity with them And most truly saith Tully He deprives himself of the office of a friend who takes upon him the person of a Judge Yet also take heed of the contrary of being transported with anger we use not troubled water till it be setled we bring not a rough and unmannaged horse to the turney no more should you unbridled affections to the judgement-seat but when ye robe your bodies ye should also apparrell your mindes with calmed affections I confesse there is an anger becoming a Judge for one saith Qui caret irâ caret justitiâ He who cannot be angry cannot be just but this is to be understood of that anger which whets courage not of that which blindeth wisedome As for fear it 's too base an humour to trapper justice the over-fearfull man is but a piece of a man Claudius the first of the Cesars his mother was wont to say of him for his faint-heartednesse that nature had begun but not perfected him The Egyptians had a law that if great men should command Judges against law they should refuse it and Trajan when he invested any Praetour by giving him the sword would command him to use it even against himself in case he violated law or equity Plutarch worthily reproves Agesilaus for writing thus to one of his Judges in favour of an offender Si insons est dimitte sin minùs meâ causà dimitte utcunque dimitte If he be guiltlesse good reason he should be discharged if he be guilty for my sake discharge him but guilty or not guilty see he be discharged But let your judgement-seats be like Solomons throne supported on both sides with lions Oh let Judges be absolute and independent not having their scantlings given them and their sentences moulded to their hands for this is to be an apprentise and not a master in the art In the next place I turn my speech to the worshipfull Justices who are also Minores Dii and the second sonnes of justice Carry an even hand among your neighbours help not to smother drunkennesse basterdy or any wickednesse in any though allied or linked in any relation prosecute not a small errour over eagerly in one whereat ye connive in another in a word let there be no one sit on our bench in whom the countrey may observe that the baskets not walking not giving worship cap knee enough not coming in upon your carting daies not saluting you on Newyeares day morning or any such mean respect or other disrespect will incense you to whet the sword of justice and so to avenge your private conceits Now a word to the Jurours and witnesses let it be spoken not onely to them who are so at this assises but to all that have been before or that may be hereafter for I would fain for this short Christmas keep open house and give every one something Let me therefore tell you Jurours There must be no partiality in judgement but when ye have heard the case opened counsel speak on both sides ye know the issue to be tried ye have heard the proof on both sides then when ye go together ye have the scales of justice put into your hands to weigh the evidence ye cannot but see which carries most weight which scale goes up and which goes down Now let not reward liberall charges or expectation of future kindenesses let not favour alliance or neighbourhood or any such respect let not anger or malice let not fear or cowardise make the verdict but for love of God for love of justice for love of your countrey for love of your own souls do that is right without partiality But have all Jurours done thus or will all do thus Oh no for how frequent is it for a Jurour to be prepossessed of a cause and to resolve not to go against his neighbour neighbours friend his kinsman his old masters sonne his Lords tenant and the like thinking it but a small courtesie and not to be denied to lend one another an oath in such cases and so against all right do bring in a verdict which makes the Judge amazed the whole Court astonished and justice clean overturned and all this by a Suffolk Jury a place not civilized only but noted for religion But what doth such a Jury First it tells a loud lie for it 's before all the County next they call God to witnesse this lie by falsifying their oath and as much as lies in them they make him a partie besides they justifie the wicked and condemne the just fourthly they rob and perhaps undo the party against whom they go lastly without Gods wonderfull mercy they cast away their own souls Oh! what heart bleeds not to see souls thus thronging to hell by the dozens As for witnesses whose testimony makes the cause weighty or light and who also binde themselves solemnly by oath to speak the truth the whole truth and nothing but the truth here 's no evasion yet how common is it with some to be Knights of the post for a small reward to be able to frame an oath of any size yea some will do it for a meales meat and thus deeply transgresse for a morsell of bread yea for a need a man may finde some who will swear to things done before they were born Others for favour and their friends will desperately stretch their consciences but if there be malice one would wonder at their sound tales against witches and other offenders and how again they will mince the truth for fear of greatnesse but remember a false witnesse shall not go unpunisht for God either payes them at the stub by shewing some speciall judgement upon them or if it be deferred without deep repentance they have it with interest in hell for ever Gods honour and the Kings must be freed from violation for I finde them together in the Text and so I 'le keep them in the Application The sturdy sinnes and obstinate vices of the times against Gods law and the Kings are those for whom justice at all hands calls for judgement I pitch onely upon foure which I take to be the bleeding wounds and running sores of this Kingdome all forbidden by the law of God and the King These are Superstitious Popery Blasphemous Swearing Profane Sabbath-breaking and Beastly drunkennesse A word of each First Popery violates the honour of God it being inglorious to each Person in the Trinitie