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justice_n chief_a court_n king_n 7,445 5 4.1182 3 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66711 Say on, or, A seasonable plea for a full hearing betwixt man and man and a serious plea for the like hearing betwixt God and man : delivered in a sermon at Chelmsford in Essex, at the general assize holden for the said county, before the Honourable Sir Timothy Littleton, one of His Majesty's Barons of the Exchecquer, July 8, 1678 / by Anthony Walker ... Walker, Anthony, d. 1692. 1679 (1679) Wing W308; ESTC R5261 13,981 60

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this Woman addressed her ●●lf vers 4. Help O King So v. ● My Lord O King So in this ●welfth Verse Let thy handmaid I ●●y thee speak one word unto my Lord ●●e King and he said Say on This Book is stiled by a Learned Expositor the Throne of David whom the Holy Ghost represents as the Exemplar and Icon of an excellent Magistrate who himself had learn'd and practised that Lesson he taught his Son He that rules over men must be just ruling in the fear of the Lord. And this is not the least instance and proof of it that according to the old Verse Patiens sit Judicis auris he was willing to hear out the Plea of her who stood before him for help and by the forgetting which Rule and deflecting from which Method he contracted one of the foulest blots we read him to have stained his Justice with in all his Government I mean in the case of Mephibosheth 2 Sam. 19.29 He said Why speakest thou any more of thy matters I have said thou and Ziba divide the land Which precipitate Sentence had been prevented and an innocent Master delivered from the slanders of a treacherous servant if instead of why speakest thou any more he had said as he doth here Say on So that the words are a commendable instance which may have the force of a standing rule of a good Magistrate giving leave and encouragement to those who stand before them for Judgment to say all they can to make good their Plea and to grant them a full Hearing And to shew the excellency of this Rule we shall look upon the Words under several Aspects 1. As they are vox humanae naturae the voice of humane nature breaking forth from that first principle of it Do as thou wouldst be done by No Judge or Magistrate if instead of sitting on the Bench excuse the supposition which I will not make but with a modest Apology he should stand at the Bar as a reputed Criminal or as a Plaintiff or Defendant would be willing to have Judgment pass till his Plea were made and he had obtained a full and fair Hearing Therefore as we use to phrase it Turn the Tables Let the Reverend Judge suppose himself in his Circumstances who comes before him in Judgment and then do as Nature it self dictates as he would be done by Hear him out say as he would desire it should be said to himself Say on That 's the first they are the voice of humane nature 2. They are verba sapientiae words of wisdom Wisdom is highly requisite in a Judge Therefore Solomon wise already made it his Prayer which God so highly approved 1 Kings 3.9 Give thy servant an understanding heart to judge thy people Or as it is 1 Chron. 1.10 Give me wisdom and understanding for who can judge this thy people that is so great And Hiram blessed God for giving to his Friend David a wise Son to judge his people Israel Now wisdom consists in the adapting sutable means for the attainment of desirable ends The end of judicial proceedings is to give to every Man what is right and due to him Now what means can be so sit and conduce so evidently to this as to sift out truth by a full and fair hearing of all the Allegations Pleas and Defences of the Parties concerned 'T was this that gave Solomon that Renown in judging betwixt the two Harlots 1 King 3. ult That all who heard it said The wisdom of God was in him to do judgment For 't was from their own mouths he discovered which was the true Mother of the Child which he had never done had he not let them Say on 3. Verba justitiae aequitatis They are words of Equity and Righteousness 'T is most just to hear Men out what they have to say before they be condemned or acquitted therefore 't is a customary question after Indictment read and Evidence produced What canst thou say for thy self and no Proclamation more common in Courts than Let them come forth and they shall be heard 'T is a Rule in every Man's Mouth Qui aliquid statuerit parte inaudita altera Aequum licet statuerit haud aequus tamen fuerit He that determines any thing without hearing both sides although he chances to determine what is just yet is not just himself in so determining Therefore 't was praise-worthy Justice in Agrippa Act. 26 that he said to the Prisoner Paul thou art permitted to speak for thy self And it was a standing Rule amongst the Romans a People so renowned for their Justice that S. Augustine ascribes all their Successes to God's rewarding of their Justice not to deliver any Man to die till the Accused had his Accusers face to face and liberty to answer for himself Act. 25.16 4. They are verba misericordiae words of mercy and commendable compassion and condescension The awful Solemnities which attend Courts of Judicature do often strike a consternation into those who appear before them and few Men of low and common Education have that presence of spirit and audacity whether Principals or Witness to recollect themselves suddenly 'T is therefore very commendable compassion to relieve them against their fears and amazements and not to discourage or put them out of countenance nor suffer others to do it but rather to raise them to a just confidence by bearing with and helping them against their weaknesses with these or words of the same import Say on be not dismayed or afraid but speak freely let us hear all you have to say 5. Lastly They are verba patientiae words of patience than which nothing is a greater ornament to the Tribunals of Justice no word worse becoming their mouths who sit on them than non vacat which made the poor Woman reply so smartly to Philip of Macedon who when she demanded Audience and Justice of him said He could not tend it or was not at leisure Why then will you be King I pray Sir let some body else be that can and will De vita hominis nulla cunctatio longa No deliberation no delay should be esteemed long in which so precious a thing as the life of a Man is concerned And because you Gentlemen of the Long Robe have a just veneration for the sage and grave Sayings of your Predecessors I 'll cite a memorable and very commendable Passage I heard near forty years ago at Cambridge Castle from the Lord Chief Justice Banks when an inferiour Officer of the Court prayed him to make haste for they should be too late He openly replyed I had rather travel all night or put my self to any inconvenience than the King's Justice should be denyed to any of his Liege People or huddle over business for want of time to hear it fairly And this for the Speaker as they are the words of a King or Judge ecchoing the sentiments of humane nature speaking as a wise a just a merciful a patient Judge Say on