Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	law_n	plaintiff_n	2,005	5	10.1186	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A27840	Mercy & judgment a sermon, preached at the assises held at Lincolne, July 15. 1678 / by Humfrey Babington ...	Babington, Humfrey, 1615-1691.	1678 (1678)	Wing B247; ESTC R16275	23,505	38

for no man pities a Traitor or Murderer when he is deservedly punished Saint August thus defines it a De Civit. Dei Lib. 9. Cap. 5. Misericordia est aegritudo ex miscriâ alterius injuriâ laborantis Cic. Tus 4. Misericordia est alienae miseriae in corde nostro compassio Mercy is that compassion we have in our hearts for another's misery Thus have we briefly seen the nature of this excellent virtue described unto us and are informed how it softens and calms our spirits and tempers them to a compassionate sense and feeling of our brethrens misery But as mercy respects the publick and is concern'd with the great affaires of the supreme Magistrate in his Government so it exerts and shews it self in these following particulars First in constituting and making good and wholsom Laws Nothing is more necessary in the world than good Laws Deut. 33.4 They are the inheritance of God's people Moses commanded a law the inheritance or possession of the congregation of Jacob. An inheritance is that which men commonly much esteem and value and so they should good Laws Now if the Law be our inheritance then as good no inheritance as no Law For what will our inheritance profit us when there is no Law to secure us in the possession of it Mercy was the first and best Law-maker for the Law of nature antecedent to all positive Laws was made by mercy and then justice and judgment followed as necessary for the due execution of that Law The design of mercy in making Laws is the common good of mankind not only to defend the bodies and estates of men from destruction plunder and violence but their minds and souls from ignorance errour atheism evill customs debaucheries and all prophaness Mercy 's Law will teach the ignorant reduce the erroneous admonish the negligent quicken the remiss and slow resolve the doubtfull and scrupulous strengthen the weak and confirm the strong Then is a Magistrate mercifull when he enacts good Laws for the maintenance of true Religion and virtue when he honours them who honour God and whom God will honour when he provides and allows of such means and helps as are necessary for the encrease and encouragement of faithfull and able men to do him service both in Church and State This mercy will certainly support and establish his Throne make his Government prosperous and preserve his people in peace and safety Secondly Mercy takes care that her Laws be but few or at most not too many Laws are the Medicines of a State the fewer and simpler I mean without mixture such medicines are the better There is much danger you know in too much Physic and so there is in too many Laws The whole Moral-law is contained in Ten Precepts and those Ten are by our Saviour reduced to Two a Matth. 22.37 38. the love of God and the love of our Neighbour Zalcucus the Locrian Lawgiver as Strabo writes made but few laws which his successors either by too much subtilty or folly augmented to such a multitude that they became more numerous than good so many that they could not be read and so obscure that they could not be understood a Corruptissimâ Repub. plurimae Leges Tac. An. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato Ut olim flagitiis sic nunc Legibus laborari An. 4. Such a superfoetation of Laws is an evident sign of some corrupt distempers and manners in the body politic Too many Laws beget too many Sutes Actions Pleadings with much strife debate contention For what Cause can be so clear and good which may not be obscured and baffled by the clashing and interfering of divers Laws This made Tacitus complain that whereas Rome not long before his time did abound with many wicked and detestable vices it was then pestered with more mischievous and unnecessary Laws which proved a remedy far worse than the disease Therefore the Magistrate should be advised to take care least his Government which is established by Laws be not overthrown by their unreasonable number or multitude Thirdly Mercy endeavours to cut off and shorten all tedious long-delayed Sutes and Pleadings These are the reproaches of all Laws Short injustice is better than long justice saith the Persian Proverb And a poor Client is more injured by the subtil delays and falshood of a perfidious Advocate than by the oppression or malice of his cruel Adversary There is nothing now more common than to spin out Causes and to frustrate the just proceedings of the Law but all such delays are no better than Concessum latrocinium Lips Pol. And I pray which are the worst theeves Those that rob a Traveller by the King's high-way Or they who pervert the Cause of their Clients before the Judge and pick their pockets at the King's Bar and Tribunal Fourthly Mercy designs by her Laws to defend and relieve the oppressed to vindicate the righteous innocent person from the power and malice of his unjust Adversary By the wise care and providence of Almighty God Mercy has not wanted in all ages some excellent Oratours and Advocates to plead and defend the Cause of her innocent Clients How famous were both Athens and Rome for such Oracles of Law and Justice And still mercy takes care and endeavours especially in all Christian States that her Magistrates and Judges should be men of ability and truth Exod. 18.21 fearing God and hating Covetousness Her Patrons and Advocates men of honour and integrity as well as Learning and Eloquence That her Witnesses be of known fidelity and justice without all suspition of malice envy or partiality Prov. 19.28 for an ungodly witness scorneth judgment That her Juries be discreet mercifull men well instructed and skilfull in the Laws and not made up of such as can hardly tell the difference or meaning of these two words Plaintiff and Defendant If the Cause of a persecuted innocent be not examined and determined by such worthy and judicious Patriots men so well qualified and disposed as these it may soon miscarry But the God of mercy be thanked neither Athens nor Rome in the height of all their flourish could boast of more able generous upright and eloquent Judges Orators and Lawyers than our Nation doth at this present enjoy who can and do daily snatch the innocent Prey from the devouring jaws of a powerfull Adversary and may they still long be continued unto us Fifthly Mercy will if need be mitigate the rigor of some severe yet necessary laws 'T is reason that in some particular cases the Law should be severe 1 Tim. 1.9.10 c. because it was not made for the righteous man but for the lawless and disobedient for the ungodly and for sinners for unholy and prophane for murderers of fathers and murderers of mothers for manslayers and such like as the Apostle there further mentions Now what man can deny but that such Offenders as these should suffer condigne punishment Or what