Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	land_n	law_n	1,490	5	5.0852	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86930	The magistrates charge, for the peoples safetie. Laid open in a sermon, preached before the right Honorable House of Peeres, in the Abbey Church at Westminster, at their late solemne monthly fast, May 26. 1647. / By William Hussey, Minister at Chesilhurst in Kent.	Hussey, William, minister of Chiselhurst.	1647 (1647)	Wing H3818; Thomason E389_7; ESTC R201521	33,273	53

that is not grounded on some Principle of humane understanding God hath given man understanding to rule all other faculties of the soule if man shall act any thing that is not first well digested in the understanding that is brutish and therein men act not as men but as beasts and therefore the Scripture doth resemble those actions of men wherein they transgresse the Law of God and right reason to the actions of beasts Psalm 32.9 Ier. 5.8 Be yee not like Horse and Mule which have no understanding They are 〈◊〉 fed Horses every one neighing after his neighbours wife now if all actions ought to be guided by reason or else they be beastly the judgements of Judges if without rule must needes debase them far below their condition 2. That judgement that hath no better ground then a Judges opinion Aquin. 22.5 e. 1. Omni● scientiae habetur p●r aliqua pr●●●pia per s●●o●a hath a very fraile foundation Judges must be learned not willfull and imperious● but learning is habitus acquisitus men are not borne learned nor can become ●o without diligence and study now science is the knowledge of conclusion which depend on certaine Principles knowne by themselves which are delivered and received in the science that is studied the rules of a science are not uncertaine lyable to mistake nor subject to the wills and affections of men quā minimum relinquendum non judi●ibus propter affectus the Lawes ought to be cleere fully and plainely delivered things may be set downe as cleerely in matters of Law as in any thing Lawes are not conversant about unknowne motions of Sta●s and Spheares nor in the Mathematicall speculations of accidents remote from matter but the manners and actions of men visible sensible apparent actions Againe they ought to be expressed in words whereby men are able to expresse their mindes most fully therefore Aristotle saith Quod Lex non potest exprimere 〈◊〉 h●m● quidem potest that which the Law cannot expresse that man cannot expresse that cannot be sayd to be learning that is contained in the mystery of one or some few mens abilities but that which is in praeceptis scientiae traditis which is made common and publique for every man to study such ought the learning of a Judge to be that it may be rationall certaine and not subject to lust Thomas Aquin. 12.98.1 c. Lex bona quia consonat rationi and this the Lawyers professe the Law is reason but being prest with this argument if the Law be reason then men that are not bred Lawyers must understand it they answer it is reason to him that is learned in the Law what doth the study of the Law change the nature of the man reason cannot agree to a man quatenus a Lawyer bu● quatenus a man that cannot be said to be reason which a man cannot understand unlesse he be a Lawyer this were to make a Lawyer differ specie from another man 2. Reason why Judges must be learned because Judements are matters of the highest concernment in the world and that in two respects First because they procure the favour or displeasure of God Pro. 2● 3 Esay 5.7 and 5● 15. to doe justice and judgement is more acceptable to God then sacrifice therefore the Prophet saith that Go● looked for judgement but behold oppression the Lord saw it and it displeased him that there was no judgement 2. They are of highest concernment to humane society they are the causes of peace and war Am●s 5.6.7 Seeke the Lord lest he breake out like fire and divoure you ye that turn justice into wormwood War is the breaking out of the Lord upon an unjust people I dare say had the judges walked in judgement according to the petition of right punished those that first tooke monopolies tunnage and poundage not exacted because not granted in Parliament or the exacters punished in judgement Shipmony not judged to be Law contrary to Law it had been impossible to have brought the people into such a distemper as to fall one upon another the fault was laid upon the Bishops and Clergy of the land I will not excuse them as far as they had any hand in overswaying the judges putting downe the good ones and setting up such as were servile and might easier be bent to serve the lust of the Court against Law or as they were active themselves in arbitrary Courts to the oppression of the people such as were the High Commmission Star-Chamber Councell-Table but this I dare say the most immediate causes of breach of peace have beene failings in judgement all failings in judgement are oppressions therefore is judgement opposed to oppression Judgement stood a farre off he that abstained from evill maketh himselfe a prey The robbery of the wicked shall destroy them because they refused to 〈◊〉 judgement Psa 5.7 and 56.14 Prov. 21.7 Yee see the Holy Ghost doth plainly affirme that refusall to doe justice is robbery and the cause of destruction 3. Subordinate Judges must be learned that they may discerne the flourishing of Rhethoricke and falacies in the arguments that are brought against the truth that hee may be able to judge rightly of a cause notwithstanding the industry and ability of an advocate advocates will be subtle and no cause can be so bad but it will find some to plead for it the divell will be sure to get as good counsell as he can he that pleadeth his cause shall have a double fee if the Judge be not learned he will often prevaile he knoweth if he can but pervert judgement by what means he careth not he shall promote wickednesse advance his kingdome and murther men which is Sathans delight therefore the Judge must bee learned to judge betweene plea and plea Deut 17.8 plea against plea make matters difficult in judgement the want of learning to decide them the cause of divisions this is the cause of civill dissentions when matters are put in execution with an high hand before they are peaceable and clearly determined in judgement I shall put you in minde of the great questions that were raised in the beginning of these troubles which were not peaceably and clearly determined in judgement objections were sent abroad among the people without the● answers which caused divisions among them 1. Concerning Power 2. Concerning Law Whether the King had power to call and break a Parliament or no the Lawyers logick was cleare enough for the King they had presidents enough That the Kings counsell had an hand in the call is most plaine by the Writ but whether this counsell were a select counsell of Lords and Commons some Lords some Commoners Secretaries of State officers of his Majesties houshold such as he should choose which as to the security of the Kingdome were as good as none or the Earles and Barons of the Kingdome or what power they had in this great businesse the learning of the Law did

as are called Princes of the Bakers and Princes of Solomons worke Gen. 40 2. 1 King 9.22 his buildings and provisions for his house these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the second verse of this Psalme Pagnin are translated Rulers such as had the next degree to the Kings cheife Councellours of State Comites Imperii Barones Lafords Thanes men of valour and judgement Pillers of the Crowne whose duty was to preserve the King both in peace and war from miscariages and dishonour by punishing them in judgement that shall misguide the King or act any thing against Law by any surreptitious Warrants or Commissions from his Majesty or transgresse their lawfull Commissions to the wrong and injury of the people these had a principall hand in the making of Lawes By me Kings raigne and Princes decree Justice Prov 8.15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these are the men that were mentioned in the second verse but in the words of my Text they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges and therefore it may be doubtfull whether they be the same men which did consult in the second verse which are here charged in the words of my Text but I conceive they were the same for these reasons 1. Because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be ascribed to the highest Judges in the world to absolute Princes to Moses Exod. 18.16 to God himselfe Gen. 18.25 and that is to let us understand that these chiefe Rulers that consulted with the Kings had a place of judicature that if any thing escape them in consultation that might be mended in judicature 2. Those Rulers that were mentioned in the second verse were guilty of the crime which is here charged to be amended and therefore it is most rationall they should be called to repentance 3. If Kings Rulers and People should once joyne together and make a Law against God and Christ it were an hard matter for an inferiour Judge to amend it It is true they may Judge against it but it would be carried on by the appeale unlesse it be reformed in the suprcame Court where the errour first began and so the wrath of God remaine unappeased Thus you see who these Kings and Judges were in all probability they were severall Kings of severall Nations consulting with their owne Nobles and People against God and Christ that are here called upon to repent of their wicked Decrees and Lawes that they had made against him so that my Doctrine doth now appeare under this forme of words If any thing doth slip in consultation with publique consent of Kings Nobles and People against God and Christ the charge doth lie upon Kings and Judges to amend it But here arise three scruples how it should come to passe that when Kings Object Rulers and People were guilty the Kings and Rulers are called to repentance and the people left out what will God be content to spare a Nation if Kings and Rulers repent though the people go on still in their iniquity I answere in respect of temporall punishment Ans It may be sometimes he will if God would spare Sodome for ten why may he not spare a people for their Kings and Rulers If he will plague Israel for Davids numbring the people why may he not save a people as he did for Moses sake but alwaies he doth it not The reformation of Kings and Nobles is a great meanes to reforme the people but if notwithstanding their Reformation the people remaine wilfull their judgement doth often fall the more heavy even in this life as may appeare 2 Kiv. 23.25 26. Josiah a most pious and holy Prince yet God reserved evill to bring upon the Jew●s for that they did not reforme The Prophet rendreth a reason Ier. 3.10 Her treacherous sister Judah did not turne to me with all her heart but fainedly Josiah caused them to turne in shew but it was in hypocrisie though their hypocrisie was none of Josiahs fault but their owne 2. But here ariseth yet a second scruple how it should be in the power of Kings and Nobles to amend that which is done amiss● by Kings Nobles and people is it in their power not to put that in execution which is made into a Law Yes if against God and Christ if against the Law of God Gods Lawes have the force of an universall Law unto which humane positive Lawes must give way lex particularis cedit universali mans Law is void Doctor and Student if against Gods Law 3. But here will be a breach betweene these that shall so judge the King and Nobles and the people Object if that be adjudged against the Law of God which is newly received for an humane Law and therefore this doth put Kings and Nobles into streights Ans This must not be carryed with an high hand as an act of power but prudently as an act of wisdome so as God may not be provoked and dash you all in peeces nor the people neglected in the particular Covenant made with them They must wisely use meanes to revoke such Lawes as are made against God and Christ Yet by their wise and learned carriage give the people satisfaction This charge of bearing the Lawes the yoke and bonds of Christ is layd on Kings and Judges for foure reasons 1. Because they of all men are most inclinable to shake off the yoke of Christ Fabritius exhortatio ●llurecipue necessaria qus gradu pot●ntia inter honines em●nent non sacile se jugo Christs submittunt leges sibt prescribs ●nviti patiuntur Martinius chstat fastus us volunt emperitivideri quibu opus est institutione ill● quamvis de officio ●●format●onem eminentie suae authoritatis deformationem interpretantur great ones never thinke themselves great enough unlesse they be absolute unlesse they may act so as if they had no superiour to whom they must give an account That exhortation doth principally belong to them that are in Authority because they do not easily submit to the yoke of Christ they are unwilling to have any Lawes given them and the other Author Pride will not suffer them to receive any instruction because they will not seeme to be so unskilfull as to need instruction they thinke any information a staine to their Authority Such opposition against God and Christ hath beene found in all Ages from great ones Pharoah Exod 5 2. 2 King 8 33 who is the Lord that I should heare his voice Zenacherib hath any of the Gods of the Nations delivered his people on t my hands Ie● 2.3 wee are Lords wee will come no more unto thee Therefore doth the Lord cry out upon Kings and Princes and Judges of the earth that they should have speciall care to submit to the Government of Christ exclamations are used in plaine matters and matters of great weight It is no small matter for Kings and Nobles to shake

command whereby they might assist the King defend their Country and doe the people justice honour without command in war and judicature in peace is uselesse Esay 3 3.4 and a scorne whereas men whose faces are lifted up above the people are as necessary for a Commonwealth as bread and water Honorable men unto whom the people may have recourse in case of imminent danger to be a stay unto them who meeting in a publique Counsell may carry all things for the publique good yee may see what service David did to Saul against the Philistines what his Worthies did for him 〈◊〉 58.5 in his wars against the house of Saul yee may see what power the Nobles had in the dayes of Zedekiah unto whom the King did confesse the King is not ●e that can doe any thing without you To make a man great in war that is not great in peace is dangerous unlesse virtue sway he will love the greatnes of his condition too well he that is as great in peace as in war will easily change his troublesome and dangerous estate for rest and safety Vse 2 Exhortation that the King and Lords would joyne together to submit to the government of Christ● you are required in my Text to joyne with the King in this duty not to be instruments of the Kings will so you shall shew your selves servants to the King but not Judges of the earth his Majesties wisdome and your learning should joyne together to put on the yoke of Christ to save your selves and your people from breaking with the iron rod in the hand of Christ that is as I have intimated from Civill war from such destroying Civill War a● will dash you all to p●eces 〈◊〉 48.2 the Lord is the Lord of Hosts a name that 〈◊〉 hath put upon himselfe Esay 47.4 Ie●●va ex●r●iti●●●o●en ●p●s the great n●me of God Esay 4●● Esay ●●● all Hosts are his rod wicked ones holy ones just or unjust ●orra●e intestine legall or rebell●●●s they are all his he punisheth offenders by them all what power wee have that wee conceive our safety that party that conceive they have the power of the sword strength in their owne hands they thinke they may doe what they will but they are mightily deceived they that have all power to day may have none to morrow the Lord is the Lord of Hosts 〈…〉 s●pientia est sui destructiva force without wisdome will destroy it selfe Esay 3●● Therefor Rabsak●h joyneth counsell and strength together and Aristotle wisdome riches and power and descanteth that upon them men thinke they have quickly wisdome enough but power and riches never enough whereas too much either of riches or power is troublesome or at least unprofitable But a man can never have too much wisdome That power wee thinke wee have wee cannot claime as ou● owne it is Gods right strength is in the Host whereof God is the Lord P●a 4.28 In the multitude of people is the Kings honour but the want of the people is the destruction of the Prince it is the Lord that hath hearts of people in his hand he maketh them subject to their Governours and mooveth them against their Rulers he uniteth and divideth them in Court in Councell in field when he hath a purpose to dash them one against another he doth divide them Ier. 13 1●.14 I will fill all the Inhabitants of the Land the Kings that sit upon Davids Throne and the Priests and the Prophets and all the Inhabitants of Jerusalem with drunkennesse And I will dash them one against another even the Fathers and the Sonnes together saith the Lord I will pity nor spare nor have mercy but destroy them He can make such divisions that no unity of interest of condition of affinity or consaguity can prevent he can divide Kings and Subjects Subjects and Subjects Kings and Lords Kings and Commons Lords and Commons Lords and Lords Commons and Commons Father and Son Brother and Brother where still note that the neerer the conjunction the more dangerous the discord That some differences should arise among the people is not wonderfull the ordinary course of justice doth heale them that some greivances should arise betweene the King and the Commons is not strange it is the businesse of a Parliament to redresse them Then my Lords had you a call from God by the duties of your places to have been the instruments of unity then should you have made use of your learning to have reconciled them then you had use for Divinity Law Pollicy Instice Power a little of all these in your hands would have set all things right if yee and the King had then beene tyed together with the bonds of Christ yee might have ruled him and contented the people But insteed of reconciling the difference betweene them yee also fell at odds among your selves Parliaments doe expect some difference the first worke the Commons use to doe is to represent their greivances unto your Lordships from whom by the very intendment of the Law they doe expect redresse You by your places as Councellors to the King and Judges of the people having power over both should have acted the parts of good reconcilers but this iron rod of Gods displeasure fel on you also the very Phisition had got the plague You likewise were divided among your selves I blame you not I rather pity you your power was broken by the iucroachment of former Princes you were defrauded of your learning here required by discontinuance of Parliaments your education honour among the people by Courtship Kings and Commons have heretofore joyned together to breake the power of Lords and now they fall out the Lords have not power to helpe them And now I take up the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of my Text as applicable to this purpose where I crave leave to speake to your Lordshippes in the language of my Text. It had beene very good that the King and your Lordships had alwaies beene wise and learned enough to have beene alwaies under the yoke of Christ Psal 72. from 1. to 15. never to have consulted any thing against God and Christ Mach. Pranespag 36. never to have departed any thing from the wayes of God and Christ the wayes of judgement and justice I meane which are his wayes That Turkish cutlandish distinction found in Machiavil of civilis soluta potentia which is power above Law and by Law had not been misconstrued and made use of upon all occasions in the Kings name at Court in former times I wish it had been the manner of our Kings alwaies to have ruled by the positive Lawes as far as the justice of them would any wayes extend and when any thing of unjustice did fall upon the letter of the positive Law that should be reformed by the Law of God and the universall Law of nature that had not been done by a cabinet Councell but a Councell of State in

to the second charge of my text which is your particular portiō be instructed ye Judges of the earth the charge that lyeth upon you is to be instructed the word signifieth castigare to bind instruct compell correct which discipline Lawes bonds punishments 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 your selves that you wander not and live after your owne lusts the discipline and correction yee ought to restraine your selves withall ought to be streight sueh as we use to children in their tender yeeres the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this yee must receive as Children from the word of God subjicite vos reprehensioni verbi Cajetan Dei submit yourselves to the reprehension of the word of God From this second part of the charge Doct. that if any thing be consulted and agreed on against God and Christ the Nobles and Judges of the earth must receive instruction reforme and amend themselves and together with the King submit to the government of Christ but the charge lyeth upon your selves in this clause though the consociation with the other clause require your conjunction but I am now come to your duty as it standeth singly in this part of the charge Yee see my Lords more is required at your hands then of the Kings in point of knowledge yee ought to be the Kings Treasurers out of which hee ought at all times to draw wisdome yee ought to be that multitude of Counsellours that might make all the Kings purposes succesfull if the King want counsell he must repaire to you if you want it yee must provide it for him it is the duty of your place therefore if yee be not learned yee must receive instruction if never so learned information if yee be morally vitious yee must amend your selves by Lawes Discipline correction yee must use your selves as men use Children correct your selves or if need be as men use madde men binde your selves rather then wander after unworthy sinfull lusts whosoever are ignorant ye must be knowing though corruption of times may lead some others into swearing lying drunkennesse uncleannesse profannesse yet none of all these things should be found in you It is a shame that a Christian Lord should not be eminently above unchristian and heathenish vices Her●s est supra ●mnem legem humanam more vertuous then any humane Law can require how shamefull is it that they should be more vitious then any heathen Law should suffer It is sufficient for a King to understand and walke by principles such as no man can deny to be truth to make good principles the end of his actions you must helpe him to the meanes which is the act of Councell when the end is agreed on Councell must finde out the meanes to obtaine the end and that is properly wisdome learning and prudence the same word is translated be learned and amend your selves learning is a great meanes to amend a man againe it signifieth correct or punish your selves nothing is so ready a way to amend a man as punishment because prudentia moralis versatur circa aff●ctus morall wisdome is conversant about af●ections which are not mooved with any reason but much with strips nihil suasionibus plurimum flagris as Moralists all agree and therefore is it that such creatures as are only sensitive are not wrought upon by reason but stripes only I shall distinguish the requisits of a Judge into learning and honesty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both contained in the originall word which commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 discipline or correction by learning instruction threats either active or passive Againe the learning that is required to Judges may be distinguished into the learning of inferiour and supreame Judges honesty ought to be common to all Judges as likewise that learning of their owne condition in reference to Christ The learning of an inferiour or subordinate Judge must be either habituall or upon all emergent occasions capable of new instructions His habituall learning must be the knowledge of the positive Lawes and customes of the Kingdome containing the right of the King and Subject so as they are applicable to continuall practice he must likewise know the rules of morall Philosophy a study much neglected in this Kingdome the Lawyers rather going by particular president then rules of justice which is rather emporicall then learned and from particular president gather an universall rule which is too much used for Lawyers Logick when they are pleased to make use of it but they can forsake it for a friend at pleasure which maketh the Lawes of England so lyable to abuse and leave the Judges too great a latitude to doe amisse and yet excuse themselves if they walke by a president they are excused if they desert their president and make new as in some cases they may and ought the weakenesse of this collection it was done therefore well done it was the opinion of these Judges therefore right may well excuse them whereby the Judges have a latitude to judge which way they please without blame because the study of the Law is rather by induction then demonstration rather by the will of former Judges then rules of justice which are to be found in the learned skill of morall Philosophy and ought among us Christians be regulated by Scriptures with which in matters of justice the light of nature doth agree these Rulers of justice ought to be the only guide to judges in matters of judgement to Parliaments in making Lawes therefore in the Scriptures is justice annexed to judement Judges and Officers yee shall choose Deut. 16.18 and they shall judge the people with righteous judgement Ex. 45.9 Let it suffice O yee Princes of Israel remove violence and spoyle execute judgement and justice take away your exactions from my people Ier. 22.3 execute judgement and justice Justice is the rule judgement is the application of it to time and place 2. There must be a learning that ought alwaies to be in fieri upon emergent occasions that is a diligent care to finde out the fact Iob. 29.16 that cause which I kn●w not I sought out diligently this was the glory of Solomon in case of the Harlots and this must be in all Judges high or low 3. There must be a sagacity or quicknesse in a Judge to make application of the Law to the case in hand this is the principall if not the sole duty of a Magistrate to execute the Lawes to see that all men that seeke justice may h●ve it without partiality this belongeth to a Magistrate essentially and cannot be taken from him while he remaineth a Magistrate Judex debet habere potestatem veritatem formam vim Tollet that is he must have authority truth and forme before and in judgement and force following it to put it in execution The reasons why Judges ought to have such learning are first because no action can be rationall