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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A28565 The justice of peace, his calling and qualifications by Edmund Bohun, Esq. Bohun, Edmund, 1645-1699. 1693 (1693) Wing B3458; ESTC R18572 84,020 203

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the two first but I hope by placing them in the Conclusion they will Leave the stronger impression on the Mind of the Reader Courage is so necessary a Qualification in Magistrates Courage that God himself never omits it in his Charges to them and there is good cause for it For they are sometimes to deal with Men Equal to themselves in all things and at others with their Superiors and as the Nature of Mankind stands may justly fear hard usage for doing but their Duty And yet we have another difficulty that will try the most daring we live in a factious Age and a Divided Nation and a Magistrate must sometimes disoblige not only single persons but great Bodies of Men united for the carrying on ill designs And we have before our Eyes instances of many great Families that have been ruine or impoverished within the Memory of Man for their Loyalty and Honesty and too many have Considered the same may happen again and this hath made the difficulty the greater by les'ning the Number of them that should have overcome it But yet would men consider Seriously of it this will never justify their Pusilanimity who have refused to serve the Publick or not performed their Duty out of Cowardise For God himself hath promised to stand by them and protect them in the discharge of their Duty Ye 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 judgment is Gods Deut. 1. 17. So he is pleased to own the Act and is bound to protect his own Minister and he may securely rely upon him that he will for he hath ingaged his Veracity for it whose Power no Faction how formidable soever can Master And yet if he should Suffer a man to be persecuted for doing his Duty Even that is no such dismal thing as is represented by fancy and delusion but this subject hath been so Excellently treated of by the Author of Jovian in his Conclusion that for brevity sake I will refer the Reader to it Of Evils the least is to be chosen and in the state things are we must submit our Selves and Families as Eternal Slaves to these Factions or defend the Government against them by a Couragious Execution of our Laws We have tryed their Mercy and Clemency and found Solomon's Observation true The tender Mercies of the Wicked are Cruel We have felt the Smart of being Loyal and if we were so treated for being obedient to the Laws of God and Man we may Expect as much Mercy in other instances as we please We have tried what could be done by fair Courses and Concessions and our Experience tells us nothing but an intire submission at discretion will satisfie these insolent Men and this hath inspired some Besieged Starved Places with a resolution to perish bravely but blessed be God we are not upon such terms yet with them But then this reproacheth our faint-hearted Gallants who dare not do their Duty whilest they have the Advantage Clearly on their Side The thing is indeed not only possible but easie for all Combinations against an Established Government besides the Providence of God have the United Forces of all good men against them they are lyable to many hazards have no Authority to Unite them are and ever will be distrustful each of other and faithless too as occasion serves and one Passion prevails upon another So that it is not Prudence which makes men timorous but want of Considering the Nature of things together with Infidelity Distrust of God and Cowardize and if any man will aspire to these Titles of Honour and tamely purchase them with Slavery and Beggery much good may his bargain do him and let no man envy his happiness And as to the rest let them pluck up their spirits and with the Rosolution of English Men and Christians bring under this Hydra this Many-headed Monster and they may be assured the Event will answer their Desires and will find that the strength of our Factions lies more in our want of Wit and Will to Suppress them than in their own Ability to defend themselves much less to bring under and ruine us But not only Combinations of Men but single persons have sometimes over-awed Magistrates and made them not dare to do their Duties and here the fault is so much the greater as the Temptation is less For why should a Justice of the Peace under the Protection of God and the Laws fear a Wealthy Clown or a Ruffling Gentleman Let him be but once sure what the Law and the Matter of Fact is and he need not fear any man But 't is a great disgrace to the Magistrate and a great dishonour to Justice to have the Laws take none but the poor helpless offenders whose very Innocence may be easily trodden under foot and the great and insolent Offenders escape without any Chastisement It were great reason rather to take the latter than the former and tends more to the terror of ill men It is true that sometimes these great and rich Malefactors do find means by their Wealth and Friends to trouble a Justice of the Peace on some other pretence but this doth not often happen God in his Providence preventing it and when it doth ought to be born as other Calamities which God sends for Causes best known to himself and which for the most part end very well for the Minister of Justice But on the Other Side when a man hath purchased their good will at the loss of his Reputation by denying Justice or doing injury he hath but rendred himself more obnoxious to their injuries by shewing his fear of them which makes them yet more insolent and he hath made God and good men his Enemies to boot So that he is then become really miserable and yet must Expect no bodies Pity or Assistance So that all things Considered it is better to trust God and rely on the Protection of the Laws and so to proceed to do our Duty without the least Consideration Whether the Party Complained of be a Poor man or a rich man but according to Gods Commandment and Our Oath to do equal Right to both which in all probability will be as safe and much more honourable and at last bring a man to peace according to that of the Psalmist Mark the perfect man and behold the upright for the End of that Man is Peace Psal 37. v. 37. There is another Fault which is just the opposite to this and doth not so often happen yet sometimes may out of too much Pity and Compassion ill Placed and Worse Expressed and that is when more regard is taken to the Poverty than Innocence of a man contrary to the Command of God Thou shalt not Countenance a poor man in his Cause Exod. 23. 3. That is any further than there is Right and Reason for it I might perhaps not have mentioned this