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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A09254 The charge of God and the King to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, Lord Chiefe Iustice of the Common Pleas: and Sr Robert Haughton Knight, one of the iudges of the Kings Bench, at the Assises at Hartford. By William Pemberton B.D. and minister at high-Ongar in Essex. Pemberton, William, d. 1622. 1619 (1619) STC 19568; ESTC S103437 46,028 130

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12 The Lord is Iudge and regardeth no mans person but heareth the prayer of the oppressed 13. Hee despiseth not the prayer of the fatherlesse 14 nor the widow when she powreth out her prayer Do not the teares runne downe the widowes cheekes 15. and her cry is against him that causeth them for from her cheekes they doe go vp to heauen and the Lord which heareth them doth accept them Yea the Lord in the Scripture is frequent in denouncing of punishments and iudgments on peruerters of iustice Ier. 5.29 Amos 6.12 13. Habac. 1.3 4 5. and else where These things being so beloued in the Lord that graue aduice and godly exhortation of King Iehosaphat to Iudges appointed by him is worthy to be painted on the walls of all Courts and Iudgment-seats yea to be ingrauen in the hearts of all Iudges and Magistrates and ministers of Iustice 2 Chron. 19.6 Take heede what yee do for yee iudge not for man but for the Lord who is with you in the iudgment Wherefore now let the feare of the Lord be vpon you take heede and do it for there is no iniquitie with the Lord our God nor respect of persons nor taking of gifts and remember this charge of the Lord and Moses Heare the causes of your brethren and iudge righteously 2. Equall moderation of iustice And thus much of the first thing much to be respected in iudiciall processe which is mature progresse or speedy proceeding therein Now followeth the second which is mitigation or moderation of the seueritie of iustice And to speake of it as far as it extends to the exercise of ciuill discipline and punishment of malefactors As iudgment must proceede according to the prescript of law so must great wisdome discretion and religion be vsed that it be so guided between iust clemencie and needfull seueritie that the sentence be equall and tend to publike good Proemijs poenu Solon Quando ciues omnes poenarū metu à malesicijs abstiments benesiciorū praemȳs inritati officium facere studēt Demost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Common weale as one well said is conteined in two things rewards punishments and then doth it flourish as another obserued when all the Citizens or subiects thereof abstaine from cuill-doing for feare of punishment and are invited to do dutie in hope of reward and that it may flourish it s the dutie of the Magistrate to punish the bad and to reward the good It s rather to be wished than hoped in this our corrupt estate that all would abstaine from vice for loue of vertue and hope of reward Meliores sunt quos atrigit amor sed plures quos corrigit timor and for good conscience rather than for feare of punishment but so seruile and vicious is the nature of man that it hath neede to be curbed and restrained from euill by threat and execution of correction and punishment and therefore punishments are prouided that euill ones might be taken out of the way Vt his tollantur mali si esse nocentes volinrint aut emendentur si per negligentiam aliquid admiserint Sen c. de irâ lib. 1. L rispiciendum de poenis Nesp sl●a sitauitas conciomor aut vtihor harmonia quam seucritas cum comitate cōiuncta Plutarch in Phocion if they will needs do harme or may be amended if through neglect they did amisse In proceeding to iudgement against malefactors mercy and iustice must meete together clemencie and seueritie must kisse each other There must be a mercifull clemencie yet ioyned with iustice and a iust seueritie yet moderated with equitie lest strict law proue flat iniustice neither is any sweetnesse more seemely or harmonie more profitable than is seueritie ioyned with humanitie Iudgments thus moderated do please both God and man Moderata placēt hemintque deoque The Stoickes assertion is not consonant to reason that all sinnes are equall nor Dracoes bloody lawes consonant to iustice that all crimes are to be punished with death there are degrees of sins and of punishments Spare must be made euen of the basest blood Pareimonia debet esse etiam vilissimi sanguinis Senec. de clem lib. 1. Life is deare death terrible and the liues of men must be precious in their eyes who deale in matters of life and death And a verdict of death must not be brought in vpon slight suspicions and vncertaine proofes It were better a guilty person were causlesly absolued then that the innocent should be vniustly condemned that is a sinne but this is impiety a much more heynous and more grieuous sin Which I desire the Iurors would looke vnto who not seldome offend and that grossly in this kind in bringing within the compasse of death such as of right ought to be acquitted In this case that rule is safe and good Placuit in omnibus rebus potiorem esse iustitiae aequitatisque quam stricti iuris rationem lib. 1. C. de iudicijs It s better to haue respect to iustice and equitie than to strict law Rashnes in condemning men is to be auoyded for he almost condemnes willingly that doth it quickly and too much seueritie must euer be abandoned for he doth punish vniustly that punisheth too much Yet for all this there must not be such clemency as doth prejudice equitie for so sin shall abound and if iustice presse not the vniust then shall the iust be oppressed with iniustice and the harmelesse help-lesse and innocent sheepe shall be exposed to the rage of wolues and rauenors Too much clemencie breedeth impunitie and causeth liberty and licentiousnes in sin In this case the Iudge must not be milder than the law for wholsome seueritie which common reason doth suggest and publike order exacteth doth excell the vaine shew of clemencie mercy There is both a punishing mercy and a sparing cruelty Such clemency is but a mercilesse pitty as armes malefactors against the innocent He hurts the good that spares the bad Bonis nocet qui malis parcit sos Scalig. Non est inhumanit as sed potius su●●ma quaedam est hum●nitas cum malti paucorum animaduers●one saluantur and therefore it s well concluded by Iustinian in his Nouell Constitutions It is not inhumanitie but rather speciall humanitie when many are saued by the punishment of a few Iudgment must passe with needfull seueritie against notorious and euident malefactors as for treasons poysonings murthers and the like heynous crimes vt poena ad paucos metus ad multos perveniat That punishment may fall on a few feare on many For some few must needs be punished that more may be terrified and all may be amended or restrained from euill This is the sentence of the Lord himselfe against a false-witnesse-bearer If the witnesse be a false witnesse and haue testified falshood against his brother Deutr. 19.16 17 18 19 20 then shall ye do vnto him as he had thought to