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 HAVGHTON 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 2 CHRON. 19.6 7. 6. And he Jehosaphat said to the Judges Take heed what yee do for yee iudge not for man but for the Lord who is with you in the iudgment 7. Wherefore now let the feare of the Lord be vpon you take heed and do it for there is no iniquitie with the Lord our God nor respect of persons nor taking of gifts LONDON Printed by Edward Griffin for Samuel Man dwelling in Paules Church-yard at the signe of the Swan 1619. TO THE RIGHT HONOVRABLE FRANCIS LORD VERVLAM Lord Chancellor of England one of his Maiesties most honorable Priuie Councell AND TO THE REVEREND Iudges and worthy Magistrates the spirit of wisdome counsell and feare of the Lord. THE wisdom of God doth thus professe and proclaime to the sonnes of men Prou. 8.15 16. By mee Kings raigne Princes decree iustice By mee Princes rule and Nobles euen all the Iudges of the earth Hereby giuing man to wit that the higher powers Rom. 13.1 or eminency of authoritie and order of magistracy supreme and subordinate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pet 2.13 is the ordination of God Which howsoeuer it be called an ordinance of Man in respect either 1. of Man the subiect by whom it is exercised or 2. of Man the obiect about whom it is conversant or 3. of Man the end to whose good it tendeth yet is still the gift and institution of God the primary author and prouident ordeiner For there is no power Rom. 13.1 but of God The powers that be are ordeined of God to which submission must be yeelded by inferiors for conscience sake to God v. 5. Which well-ground Maxime whosoeuer shall denie he is worthy to be thrust out with Nebuchadnezzar to liue among beasts Dan 4.32 vnworthy the society of men vntill he know that the most High ruleth in the kingdome of men and giueth it to whomsoeuer he will He that is higher than the highest Eccles 7.8 the King of Kings and Lord of Lords 1 Tim. 6.15 the most mighty Creator and most wise disposer of all things Dan. 2.21 who remoueth Kings and setteth vp Kings hath instamped his image of soueraigntie in Kings and Caesars set the Crowne vpon their heads put the scepter into their hands and created them chiefe Monarches in their territories and dominions ouer all others next vnder himselfe And from and by them through the like impression made God deriues vnto other Prime persons vnder them their eminent dignitie in places of lawfull authoritie So that Vice-Royes and all others in their seuerall rankes of gouernment do beare the stampe and impression of God and the King more or lesse accordingly answerable to their distinct and seuerall orders and degrees Moreouer the better to establish and ratifie this wholsome ordinance in this excellent eutaxie and to grace and safeguard the persons of these Delegates as sacred and inviolable in their commissiue authoritie God honoureth them with his owne stile and title of Gods Psal 82. v. 1.6 v. 7. not as if they were such of their owne nature and being for so they are but men and die they must like men and remaine accountant to him the great God for their dealings towards the meanest man but through his grace communicating thus farre his regencie vnto them And so they are as Gods among men as bearing Gods image in their power ouer men and Gods vnto men Hom homini Deus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a common good of Gods prouiding in faithfull dispensation of their function for the good of men Yet further as Magistrates are Gods creation and ordination in regard of their function so are they dependant on God for abilitie to the execution of their function which they receiue from his effectuall dispensation prouidence Counsell is mine saith wisdome and sound wisdom Prou. 8.14 I am vnderstanding I haue strength Mortall men must in no wise glory in any their owne strength or wisdome with the proud King of Assyria lest it proue costly to them as it did vnto him Isai 10.12 13. From Gods gracious gift they receiue their annoynting other hearts with Saul 1 Sam. 10.9 vnderstanding hearts with Solomon to iudge the people 1 King 3.9 12. And thus invested with these singular endowments as with princely diademes Job 29.14 and richly furnished with those heroicall virtues of wisdom counsell fortitude and feare of the Lord they grow vndaunted for courage and constant for resolution in vndertaking vndergoing of weighty imployments faithfull in dispatch of worthy seruices vnweariable for indeuour in speedy performances and invincible for patience in induring oppositions and clamors of all those sons of Belial who despise dominion Jude v. 8. 2 Pet. 2.10 speake euill of dignities or will not yeeld obedience to wholsome lawes nor submit their necks to needfull discipline Finally that all may be well and all say we is well that ends well The goodnesse of the end doth highly commend the goodnesse of the act Now the end of all acts in Magistracy aswell as in Ministerie must be squared by that the Apostles Canon let all things be done vnto edifying and nothing must be done idly or vnprofitably 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Basil tending to no good end and purpose Gouernors must therefore in all their acts and designes ayme at the right end and scope of gouernment the glory of God in the good of men Which end shall be most happily atchieued if they shall principally eye and respect both the Tables of Gods law whereof they are the Great-Lords Keepers Religion or piety to God in the first Table the basis and foundation of a truly-prosperous politie And equitie and iustice to man in the second the nerues and sinewes of humane society Thus when Magistrates ayme at these ends in gouernment that religion be entertained the Gospell countenanced and piety promoted and that innocencie be defended right preserued and vice punished and that all be righted none wronged Then shall Church and Common-weale ioyntly and mutually liue and loue grow prosperous and renowmed and God shall haue glory from the well-ordered communities of men and men felicitie in blessed communion with God Now all prosperous successe in vse of best meanes for atchieuing these ends must be expected and fetched from the blessing of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Joh 3.27 without whom no mortall man can euer proue happy For a man can receiue nothing vnlesse it be giuen him from heauen No counsells of man proue healthfull and successfull vnlesse God assist and giue a blessing Which
swerue in gouernment growing carelesse negligent vngodly vniust abusing their authoritie or neglecting their dutie then thorough the iust iudgement of God and malice of the Deuill and the vnbridled furie and vnbounded outrage of lewd and sauage and vnreasonable men all things in Church and Common-wealth grow disordered and confused and finally fall vnlesse godly wisdom in Rulers timely preuent into fearefull ruine and dreadfull desolation Wherefore for the prudent preuenting of this so fearefull euill and prouident procuring of that so hopefull good all Rulers and Magistrates yea all ministers of iustice Sheriffes Counsellors Aduocates Iurors witnesses and the rest who are but men and subiect to sliding of wilfulnesse or weaknesse had neede to receiue their charge and direction from God and the King for the better discharge of this important businesse for the glory of God who hath highly exalted them and for the good of others ouer whom he hath set them for quò sublimior gloria est Cyprian eo maior cura est the higher is their honour the greater ought to be their care and inlargeth the summe of their future account Hieron epist ad Heliodorum de 〈◊〉 viâ—ae sâ—litariae for cui plus creditur plus ab eo exigitur to whom more is committed of him more is exacted III. Point The nature of the thing giuen a Charge And thus much of the persons to whom this Charge was giuen Now I proceede to the third particular which is the nature and qualitie of this thing which Moses gaue to the Iudges which is a command a precept or a charge I charged your Iudges Now this being a Charge giuen of God and the King Doctr. who are in degree the highest it doth charge the conscience in the highest degree exacteth imployment both of body minde for the exact discharg of this office dutie and that in such sort that an approued account may be well and readily made not only to the King and principall Ruler but also to God himselfe the King of Kings and Iudge of Iudges Exod. 18.25 euen the Iudge of the whole world And for this cause it is religiously prouided that an oath of the King yea of the Lord is administred to inferior Iudges yea to Iurors and witnesses the ministers and instruments of iustice for the faithfull discharge of this weighty duty so heaui-charging if not ouer-charging the soules and consciences of all who beare any part in the matter of iudgment Wherefore Vse by vertue of this Charge let all be admonished who haue the least finger in matters of iustice for it doth not concerne the Reuerend Iudges alone let all I say be admonished in the name of the Lord to account themselues charged to such performance of dutie as whereof they must be accountant to God and the King And therefore let religious care be had of all both Iudges ministers and instruments so to demeane and behaue themselues as sincere and faithfull seruants of God and trusly and loyall subiects to the King that they may receiue for their paines to their credit and comfort both humane and diuine applause and commendation And thus much of the nature of this speach in that it is a Charge Now time and desire do hasten mee forward to consider the time when this Charge was giuen IV. Point The time wheÌ„ this charge was giuen At that time that is assoone as these were elected Iudges In the fortieth yeare the eleuenth moneth and the first day after their departure out of Aegypt Two moneths and a few daies before their entrance into the land of Canaan where this their authoritie was to be exercised and not so long before the death of Moses the seruant of God their principall Ruler who dyed the twelfth day of the twelfth moneth as may be collected out of Deut. 34. Iosh 1. 4. O consider I beseech you this charge of Moses to the Iudges how fit how timely how seasonable it was 1 Assoone as they were selected and designed to this office that they might deliberately meditate and fore-bethinke themselues of their dutie and charge 2. Before execution of any part of their function that in the beginning thereof they might lay such a good foundation that they might the more hopefully expect successefull proceedings 3 A little before their entrance into the land of Canaan their promised land that their inheritaÌ„ce might not be polluted through violation of iustice in their first possession thereof and habitation therein 4 And a little before the death of Moses their chiefe Prince and Law-giuer that they might not be left destitute of direction for matters of iudgement after the losse of so worthie a Gouernour Wherefore timely and seasonable ought to be the charge which Kings and Princes giue to their Delegates Doctr. the Iudges and Magistrates and which Iudges and Magistrates giue to the People their inferiours euen in the entrance of their function before execution that they may not swerue from iustice through ignorance for want of direction nor transgresse through presumption for want of admonition And so timely and mature ought to be the charge instructions and admonitions of Parents to their children of Maisters to their seruants and of all Superiors to inferiors vnder their charge But to applie my selfe onely to this this time and occasion I onely obserue that its prudently prouided which is constantly practised that our reuerend Iudges of Assise hauing receiued first instructions from the King make way in their entrance vnto iudicial processe Vse by giuing of their charge wherein they doe with great learning and pietie giue such wise directions such graue admonitions and such needfull and seasonable exhortations to the bodie of the Common-weale whom these businesses doe concern that vnlesse men be simple they cannot be ignorant and vnlesse they be wilfull they shall not make default in discharge of the duetie and office wherein they are imployed And so much of the first generall part of this text the giuing of the charge Now I come to the second and principally intended the Charge which was giuen the tenour whereof is this Heare the causes betweene your Brethren and iudge righteously c. Second generall Part. The Charge giuen I. Point Instructions and Imunctions In this charge giuen there come first to our view the Instructions and Iniunctions which are giuen to the Iudges which are in number two to heare deliberately to iudge righteously And for preparing of our passage to the handling of them wee are to consider by way of Preface First what are the Causes to be heard and iudged Secondly what is the Rule of righteous iudgement For the first the Causes which fall into the consideration of Iudges are by Plato reduced to two heads Omnia iudicia aut distrahendarum controuersiâ—rum aut puniend orum maleficiorum causa reperiae sunt In disceptanâ—â— controuersijs tuenda disciplina Iustinian to doe Iniurie
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 poenaruÌ„ metu à malesicijs abstiments benesicioruÌ„ praemyÌ„s inritati officium facere studeÌ„t 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 slâ—a sitauitas conciomor aut vtihor harmonia quam seucritas cum comitate coÌ„iuncta 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 placeÌ„t 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 suâ—â—ma quaedam est humâ—nitas cum malti paucorum animaduersâ—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
meditation is the argument of that heauenly hymne compiled by Dauid for his son Salomons vse or by Salomon himself Psal 127. instructed of God with deep wisdom-politicall for his owne v. 1. Except the Lord build the house they labour in vaine that build it except the Lord keep the Citie the watchman waketh but in vaine It is in vaine for you to rise vp early to sit vp late to eat the bread of sorrowes for so he giueth his beloued sleepe The building of the house the watching of the Citie early vp-rising and late downe-sitting assiduous labour and carking care are all in vaine vnles God assist and giue a blessing And so doth Gregory Nazianzene most elegantly paranomaze the summe and substance of that diuine Psalme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which memorable Distick I thus in homely English expresse If God giue good successe enuie can not preuaile If God denie successe labour can naught auaile If God from heauen shall blesse and prosper what force or fraud below can crosse or controll But if God from heauen shall crosse and curse what power or wit of man shall not proue vaine and frustrate The fencing of Kingdomes and safe-guarding of Countries with wholsome lawes and politicall constitutions with Armies and Nauies with trenches bulwarks with leagues and alliances yea with infinite heapes of gold and siluer which Dionysius esteemed the adamantine bonds of Empires is all in vaine Adamantina vincula imperiorum vnlesse God assist and giue a blessing Most deliberate counsels and best designed attempts faile of good successe for want of Gods blessing to rebuke the pride of mans presuming weaknesse And weaker meanes vsed in want of stronger through diuine assistance work wonderfull effects to correct mans diffidence and to worke dependance on God according to those precepts and promises Psal 37. v. 3. Trust in the Lord and doe good so shalt thou dwell in the land and verily thou shalt be fed v. 4. Delight thy selfe also in the Lord and he shall giue thee the desires of thine heart Commit thy way vnto the Lord v. 5. trust also in him and he shall bring it to passe And according to that most memorable practise we know not what to doe but our eyes are vpon thee And that the flourishing state of Common-wealths springs out rather from the blessing of Gods diuine prouidence then from the best fore-cast of humane prudence History the witnes of times and light of truth doth plainly testifie To which also Heathens doe giue their suffrages from the dim sight of humane obseruation Vbi non Deus sed mortalis aliquis prae st ibi malorum nulluÌ„ est effugium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. Dei ope auxilio multò magis Râ—mpubl Remanam quam ratione hominum consilio gubernari Cic. pro Rabitio For so Plato professeth of Common-weales in common Where not God but some mortall man is president there 's no auoydall of any euill And Cicero of the Romane state in speciall The Romane state was prosperously gouerned much rather by the aide and helpe of God than by mans reason and counsell humane And in a word that nothing can be well done and happily succeede in Citie or familie Church or Common-wealth without the good will and good worke of God Ephes 1.11 who worketh all things after the counsell of his own will S. Paul doth intimate when he earnestly exhorts That first of all supplications 1 Tim 2. v. 1. v. 2. prayers intercessions and giuing of thanks be made for all conditions of men for Kings and for all that are in authoritie that through Gods good blessing on their good indeuours we their subiects in our inferior condition may lead a quiet and a peaceable life in all godlinesse and honestie The summe of all in short is this Kings as supreme and other gouernors as sent by God and them 1 Pet. 2.13 14. doe receiue their high places and princely graces their function and execution vocation and dispensation authoritie and abilitie and all happy successe and good fruit in gouernment for the weale and welfare of themselues and theirs from that all-wise and all-ruling Monarch great Counsellor and Law-giuer the essentiall wisdome the son of God Isal 9.6 Jam 4.12 who with the Father and Holy Spirit one true God is the blessed and onely Potentate the King of Kings and Lord of Lords 1 Tim 6.15 the King eternall immortal invisible and only wise 1 Tim. 1.17 to whom from them all in all their designes is to be giuen as the maine end of their gouernment all honor and glory for euer and euer Amen Now Right Honorable Lord and Reuerend Sages most wise and worthy interpreters of Law and Dispensers of Iustice great Guardians vnder God and King of Church and Common-wealth as I freely acknowledge to the glory of God and honour of the King for which I blesse God on the knees of my heart that God hath blessed this Land with many true Worthies on Benches in Courts of equitie and iustice bright-shining stars restlesse in motion in their orbe of gouernment so I most humbly beseech you to giue leaue to me your seruant in the Lord without your censure from sincere affection and dutifull respect to your persons to put you in minde of that which you know right well being so well furnished with wisdome humane and diuine and I am well assured on my small obseruation and short experience you endenour to practise through the spirit of grace inspiring and inabling you for discharge of that trust reposed in you in your publike imployments in this body politique by our gracious GOD and our religious KING The thing is this Sith the God of heauen and earth is the first mouer in his supreme orbe of gouernment all you his secondarie mouers in this your orbe of gouernment in this heauen of our politie ought to moue after the will and ordination of God and not as in that other Heauen by any rapt motion from your priuate affection nor yet irregular from inordinate passion nor by that of trepidation for feare of mortall man You must in your motion run the same course or vse the same end with God himselfe namely the glory of God in our good of Church and Common-wealth which as the lower earth are preserued and cherished with heauenly influence through your well-ordered and well-ordering motion And such subordination will surely cause an heauenly harmony and heart-pleasing consent in a circular reuolution thus God is the ordeyner of our King the King the image of God the Law the worke of the King Iudges interpreters of our Law Magistrates with them dispensers Iustice our fruit of Law dispensed this fruit of iustice the good of the people the good of the people the honour of our King this honour of our King the glory of God the ordeiner orderer and blesser of all And so in
this regular and circular revolution all motion begins in God and ends in God for mans felicitie and Gods glory infinitely and eternally Great you see is your honour as great is your charge A double charge from God Deut. 17. v. 18 19 20. from King God chargeth the King God and King whose Ministers and sword-bearers you are haue charged you Rom. 13.4 Your office then of Magistracie as ours of Ministery is not so much nomen honoris as oneris Aug de Ciuit. Dei l. 19. c. 19. Your desire must therefore be not so much praeesse as prodesse to beare rule as to profit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luc 21.25 to be benefactors for the good of men that is your end who are publique Patrons oracles of your Country Hauens and Refuges to poore distressed ones Your symbole must be that of Alphonsus Alphons Neapolitan Rex The Pelican with her own bill picking and drawing bloud out of her owne breast with this inscription Pro lege pro grege Magistraâ—us virio ostendit Arist ex Biante Herein will Magistracie shew your manhood Lastly where as these matters of iudgment are disposed and dispensed not by your selues alone but by many other inferior organs and instruments who need due inspection and daily information 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as interpreters of Law instruct them as Moderators of Iustice direct them as charged your selues of God and King to doe iustice lay great charge on them yea as armed with power coactiue by vertue thereof as far as shall be lawfull and needfull as Guardians of equitie vrge them to doe what God and King law and conscience equitie and honestie exact at their hands that this chaste Virgin Iustice be not by them deslowred Hesiod that conscience of crime in vnrighteous dealing may not inwardly Hieron epist. wound their consciences at home nor their name and familie outwardly besmeared with iust reproch and ignominie abroad But that good right be maintained good conscience discharged good name preserued that God may be honoured 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods people benefited the Common-wealth cherished the Church inlarged our communion with God and society with men may become most comfortable happy and blessed while iudgment and iustice are equally dispensed of all manner persons vnder God and King as from God by God and for God as is more largely declared in this insuing Treatise which being heretofore once vttered by me and now drawne into publique by effectuall perswasion of others I now make bold to present to your Honours and Worships because it concernes you all though for manner not so worthy as I well could wish your learned wisdomes view and approbation Well hoping that in your priuacie and retirednesse from your weighty imployments you will please to peruse it couering what faults and slips you espie therein with your robes of loue and Christian Charitie 1 Pet 4.8 not looking at my want of discharge of my dutie which I ingenuously acknowledge and sue for pardon thereof at the hands of God and you but at the better discharge of your owne whereto this my poore labour as a weake meane would further For so you stand charged of God and the King Take heede therefore what yee doe 2 Chron 19.6 for yee iudge not for man but for the Lord. And the Lord be with you in the iudgment Amen Your Honors and Worships in all dutie to be commanded William Pemberton The Charge of GOD and the KING DEVTER 1.16 17. 16. And I charged your Iudges at that time saying Heare the causes betweene your brethren and iudge righteously betweene euery man and his brother and the stranger that is with him 17. Yee shall not respect persons in iudgment but you shall heare the small aswell as the great you shall not be afraid of the face of man for the iudgment is Gods and the cause that is too hard for you bring it vnto me and I will heare it AL the counsels and works of God the most mighty Creator most wise disposer of all things doe proceede from the good pleasure of Gods will Ephes 1 12. which is the cause of all causes and tend to the glory of his name Voluntas Dei omnium quae sunt ipsa est causa Aug deâ—en contra Manich l. 1. c. 2. Prou 16.14 which is the end of all ends And that in the manifestation of his mercy in the gracious saluation and happines of some and of his iustice in the deserued condemnation and misery of others And this our naturall and temporary life which we liue on earth is in the counsell and decree of God a praeparation and degree to a better life And in the elect to omit the rest to a life spirituall and supernaturall begun on earth in this time of grace and continued in Heauen in that eternitie of glory This life well led in faith and obedience doth highly aduance vs to felicitie and happines This life ill led in infidelitie and sin doth deeply depresse vs into miserie and wretchednesse The entrance of Lawes Now that man on earth might liue well God did giue him a Rule to liue by This Rule is the Law of God the rule of piety the square of equitie first instamped in mans nature in his created innocencie AntequaÌ„ scripta fuit in hominum legthus in mentibus vigebat Ambrâ—â— lib. 4. de Abra hamo Patriare cap. 4. Eph 4.24 In libro aduersus Iudaeâ—s For what was that Image of God in man consisting of righteousnesse holinesse and trueth but Lex primordialis a primordiall Law as Tertullian speakes exactly requiring and absolutely inabling the performance of duties of piety to God and of equitie to man both in habite and act and that in sinceritie and perfection of them both And what was the Morall Law proclaimed on Mount Sinah Exod. 20. after that man had defaced Gods image by transgressing his command but this primordiall Law renewed and repeated as an absolute and eternall rule and square of piety to God Exod. 31.18 and equitie to man which God with his owne finger did ingraue in two Tables of stone and gaue vnto Moses for the vse of his Church This Morall Law requires obseruation according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or exact perfection thereof but it giues no abilitie to performe obedience It sheweth what man now ought to doe what once he could haue done but not what he now can do nor what it will inable him to do but accuseth and accurseth euery man as guilty of sinne for the least transgression of it Whereupon God in mercy to releeue mans misery to this law of works giuen in Sinah Exod. 20. did adde another Law as the Apostle stiles it the Law of Faith Rom. 3.27 Isâ—â— 2.3 Mich. 4.2 giuen in Sion which promiseth life and blessednesse to all that beleeue in
Christ The law of workes called the morall law is grounded on nature and may be called Lex timoris the law of feare because through our impotencie it doth terrifie and affright vs. The law of Faith which is the Gospell is grounded on Gods grace and may be called Lex amoris the law of Loue for God so loued vs Ioâ— 3.16 that he gaue his Sonne for vs and it effectually worketh the loue of God in vs and reftoreth vs againe to blessednesse with God Man doth againe recouer this blessednes with God while he is driuen from himselfe and his sinnes by the fearefull threats of the law morall and is allured vnto Christ by the sweet promises of the Gospell this law of Faith and is daily renewed by the spirit of grace vnto conformitie to the law of works which still remaineth as a Rule of good life requiring obedience of faith Aug lib. 3. ad Bonifacium c. 4. contra Faustum Manich. in way of thankfulnes till Gods glorious image be againe repaired in vs and that eternitie of glory be conferred vpon vs. In the meane time for the space of this life many disorders and misdemeanors remaine still in the world For the greater part of men will not be reformed the better part are but in part sanctified These sin of weaknesse those of wilfulnesse both haue neede of all good helps for reformation to good or restraint from euill Wherevpon God hath in wisdom ordeined Humane Lawes and hath appointed Kings Custedes vindâ—ces vtriusque Tabulae Dâ—ut 17. Esa 49.23 Princes and Magistrates to be keepers of both the Tables of the Morall Law Nursing-fathers and Nursing-mothers vnto his militant Church and constant Defenders of the Christian Faith And all their good Lawes both Ecclesiasticall and Ciuill are backs and props vnto Gods holy Law and in their due and faithfull execution effectuall meanes to procure the obseruation thereof And in a word of all good Lawes whether written or vnwritten there is a twofold end or scope as namely they do respect and ayme at either piety and godlinesse from man to God that a blessed communion may be maintained betweene man and God or equitie iustice from man to man that a comfortable communion and sweet societie may be preserued betweene man and man And surely these humane lawes of Kings Rulers being wisely enacted and duely executed by Iudges and Magistrates competent and faithfull in the execution of their function are soueraigne helps for the cure of vice by inflicting punishment on malefactors and to allure to virtue by conferring rewards and defending of well-doers and to right euery man in his righteous cause that euery man may enioy his own That so we may lead a quiet and a peaceable life 1 Tim. 2.2 in all godlinesse and honestie And to this purpose are we to pray to God for them v. 1. and for this end are they designed to this function by God Rom. 13.1 4 and for the better discharge of their office and dutie they receiue a charge from God and the King And so to descend to our present purpose and to apply my self wholy to time and occasion these words of this Scripture doe commend to our view a speciall Charge giuen by GOD and the KING to Iudges and Magistrates for execution of iustice This Charge I say first is giuen of God for Moses was an holy Prophet of God and spake nothing but from the mouth of God or by inspiration of the Spirit of God and therefore this is the Charge of God Secondly Act 7.35 Bertram de politia Iudaica cap. 5 â—â—utr I call it the Charge of the King for Moses was Prince and chiefe Ruler of Gods people his authoritie was Regall his power Soueraigne not differing in nature but in name from that of a King In this Charge we may consider 1. The giuing of the Charge And I charged your Iudges at that time saying 2. The Charge giuen Heare the causes betweene your brethren c. In the giuing of the Charge we may obserue 1. The person that gaue it Moses I charged 2. The persons to whom it was giuen the Iudges your Iudges 3. The thing giuen for nature a Charge I charged 4. The time when it was giuen at that time namely of their election and designation to their function And I charged your Iudges at that time saying In the Charge giuen we may obserue 1. Instructions or iniunctions giuen to the Iudges which are two First to heare causes deliberately Heare the causes Secondly to iudge righteously and iudge righteously 2. The parties betweene whom they must heare and iudge propounded first in relation to the Iudges your brethren secondly in relation among themselues betweene euery man and his brother that is of the same Nation of the same Religion neither only so but as the meaning is more plainly opened betweene euery man and the stranger that is with him A stranger for kindred Nation or Religion is yet a brother for common nature and humane condition and therfore must haue right done to him as being a brother 3. Admonitions or cautions against pestilent impediments which are frequent enemies to equitie and iustice and they are two First Acceptation of persons on sinister respects Yee shall not respect persons in iudgment but you shall heare the small aswell as the great Secondly Feare of mens greatnesse who will be offended at iustice You shall not be afraid of the face of man 4. Reasons to inforce the performance of the iniunctions and obseruation of the cautions 1. for the iudgement is Gods 2. The charge is from God as in the first words I charged As if he should haue said God hath charged you to do right God will maintaine you in doing right therefore heare deliberately iudge righteously accept no mans person feare no mans face but do right to the small as well as the great to the stranger as well as the brother 5. A case of reseruation of iudgement in causes too difficult by consultation or appeale to the chiefest Iudge And the cause that is too hard for you bring vnto mee and I will heare it And this I take to be the intent and substance of this Charge of God and the King giuen by Moses directly to the Iudges of Israel but in them to all other Iudges and Magistrates yea all other officers all ministers and instruments of iustice for the hand of Iustice hath many fingers as Counsellors Pleaders Aduocates Sollicitors Shiriffes Iurors witnesses and the rest And it doth meerely concerne both God and King Church and Common-weale and euery state and person in them both and affords fit matter for this present occasion and profitable direction for all such purposes In speaking whereof that I may say something of euery thing I must be short in all And in all and euery thing I do most humbly craue Gods powerfull direction that I may be able to speake your fauourable attention that
he gouerned also by others as assistants and counsellors Whence Kings and chiefe Rulers may take patterne for their practise Doctr. to giue speciall Charge to their Delegates and Deputies to execute iust iudgement vnto the people For so Moses the chiefe Ruler gaue charge to these new-elected Iudges and Rulers to heare and indge righteously the causes of all men Such a charge for a farewell did holy King Dauid giue vnto Salomon his succeeding sonne 1. King 2.2 3. I goe the way of all the earth be thou strong therefore and shew thy selfe a man And take heede to the charge of the Lord thy God to walke in his wayes and to keepe his statutes c. When he further injoynes him according to his wisdom to execute iustice on Ioab and Shimei and to shew mercy and kindnes to the sons of Barzillai The Aegyptian Kings were wont as Plutarch reporteth by the custome of their country to giue an oath to such as were appointed their Iudges that they should not speake or doe vnrighteously in iudgment though the King himselfe should charge and command them Which commendable practise Traiane the Emperor did worthily imitate and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles saying vnto him Si bonus fuero pro me vtitor hoc gladio sin malus contrame If I shall be good vse this sword for me if euill against me or thus Hoc gladio pro me vtar is donec iusta fecero si iniusta secero contra me vtaris As long as I shall doe those things which are iust vse this sword for me if I do things vniust vse it against me A fact and speach most worthy an Emperor whose example at least in the scope thereof is fit to be imitated of euery good King who ought to acknowledge that God hath aduanced him as a little God â—sâ—l 82. to sit on the Throne and to rule ouer all others for the common good of all The oath which the King administreth to Iudges binds them to strict obseruation of iustice as it is recorded in the stature of the 18. of Edward the III. Ye shall do euen law execution of right to all his subiects rich and poore The oath of Iudges 18. Edw. 3 printed anno Dâ—mius 1578. p 106. without hauing regard of any person And that yee denie to no man common right by the Kings letters nor none other mans nor for none other cause and in case any letters come come to you contrary to the law that yee do nothing by such letters but certifie the King thereof and goe forth to doe the law notwithstanding the same letters And this is agreable to the commandement of Antiochus the King of Asia That if letters came from him or his Nobles to interrupt the course of iustice they should pocket them vp supposing them to be vnwittingly written and so to proceed in a strict course of iustice A good King giues streit charge for execution of iustice because he knowes that the power of gouernment is as well onus as honos a burden as an honour ordeined for the common and vninersall welfare of all his subiects Salus populisuprâ—ms leâ—â— estâ— whereof account must be giuen to God And he is alwaies in his owne estimation Magnus reip seruus Colimus Imperatorem vt homineÌ„ a Deo secundum sole Deo minorem Tertuâ— ad Scap. Super ImperatoreÌ„ nox est nisi sâ—lus Deus qui fecit ImperatereÌ„ Optat. contr Parmenian lib. 3 the great seruant of the CoÌ„mon-weale for place and authoritie aduanced and that most worthily aboue all both persons and states and yet in princely clemency respectiue of the meanest like a kind Master or * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gueuaâ—a good Father For a good King differs nothing from a good Father who as he is maximus the greatest so is he optimus Parâ—m vllum super terraÌ„ non babet Chrysost ad pop Antioch ham 2. Patriae parens the best a common yea an vniuersall good who promoteth peace and publike welfare accounting all his felicitie as he is a Prince to consist in well-gouerning his Common-weale and in bestowing his life for the good thereof if need require as the Emperor Alexander Seuerus professed of himselfe Now then as it is the highest dignitie and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue to be Defender of the Christian Faith and to haue supreme authoritie ouer all causes and persons Ecclesiasticall and Ciuill so it apperteineth to him by that high authoritie to manifest his care for the common good as in making and executing of good and lawes for the promoting and establishing of Religion and Iustice Rex quia hâ—mo est Dâ—mino serâ—it viuenâ—o fideliter quia v. roâ—tiam Râ—x est seruit lâ—ges iusta praecâ—piâ— nâ—â—s conâ—â—arâ—a prohibentes conuenienti vigore sanciendo Aug epist 50. ad Bonisa ium Idem contra Cresconium l. 3. c. 51. so also in electing good Delegates and competent Iudges and Ministers of iustice and in charging and obliging them by all bond of dutie to vse their authoritie to promote the publike good in examining and deciding all causes and controuersies with righteous iudgement and due execution of iustice which is the very life and soule of good and wholsome lawes And thus much of the person who gaue the Charge GOD the KING Now of the persons to whom the Charge was giuen Iudges and Magistrates Your Iudges II. Point That is not onely Iudges in the most strict and streit notion signification of the phrase but all Magistrates also and Ministers of iustice at least by true and necessarie consequence And most meete it is surely that such a strict charge should be giuen by God and the chiefe Ruler Doctr. to such as were elected and designed to be Iudges For they are for trust keepers of the Law and for their office speaking lawes and by their power and authoritie vnder God and the King principall swayers and dispensers of equitie and iustice And as Masters and Pilots in the ship of the Common-wealth who sit at the sterne and guide it forward through their wisdome and fidelitie in an euen a prosperous and succesfull course vnto the desired hauen of peace and prosperitie But through their carelesse neglect and heedlesse ouer-sight they cause fearefull shipwracke and miserable ruine And you know right well that when Iudges and Magistrates become wise and faithfull in deliberate sanxion and due execution of good and wholsome lawes and statutes that then by their good meanes and Gods good blessing Gods lawes are backed his ordinances established piety is promoted equitie preserued the Church is made pious the Common-wealth prosperous our communion with God and societie with man becomes most comfortable happy and blessed But when Rulers and Magistrates doe
to insist particularly on more particulars there must be firmenesse of memory to recall such euidences as were of most moment on either behalfe and wisdome and knowledge and a kind of dexteritie in conferring and comparing cause with cause and reason with reason and iudgement and learned skill in the lawes both diuine humane to weigh the proofes in the ballance of iustice and to discerne and distinguish of iust and vniust that so the cause may be fitted for sentence else cannot the sentence proue iust and equall Isai 5.20 but good shall be called euill and euill good the wicked shall be absolued the innocent condemned For that of Augustine is certainly true Ignorantia Iudicis est calamitas innocentis Aug. de Ciuit. Dei l. cap. 29. The ignorance of the Iudge is the calamitie of the innocent It was the speach of a learned man Quis est qui nescit tam multa in boni iudicis officio posita esse vt seritissimos etiam ac diligentissimos fugiant very well seene and experienced in this kind Who knowes not that so many things are required in the office of a good Iudge that they easily escape the most skilfull and diligent And therefore in a word Vse I to conclude this point all the will and skill vse and exercise of heart and eare body and mind had neede to be imployed in hearing of causes that all the weight of right or wrong being put into the ballance of equitie and iustice it may be discerned by the vnderstanding Iudge which of the scales is of greater poise and weight But for want of these and such like obseruations in this first degree of iudiciall processe 2 Vse there was much iniustice and sin committed by Iudges and Magistrates in the case of a Gen. 39.14 Ioseph of b 2 SaÌ„ 16.13 Mephibosheth of c 1 King 21.13 Naboth of d Am s 7.10 Amos of e Mat. 26.59 60. Christ Iesus of f Act. 6.13 14. Stephan of g Theodor hist Eccles l 1. c. 29. Socrat. lib. 1. c. Athanasius and very many others as Histories do record and experience doth declare And thus much of the first degree of iudiciall processe of the hearing of iustice Now I proceede to the second degree which is the speaking of iustice and iudge righteously After the cause is discerningly heard The II. Degree To speake iustice then is iudgment to be iustly giuen and sentence to be equally pronounced 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not according to affection and fauour but according to iustice and truth according to the prescript of wholsome law which is the square of equitie the law I say of Man and the law of God For as the law of the King who is the Head of the Common-wealth is the life of this bodie Politike so is the law of God the soule of the law of the King and as the law of the king ought to be conformed to the law of God which is the right rule indeed of equitie and iustice so the sentence of the Iudge must be conformed to the law of God and the King that it may be an equall sentence For the Law is nothing else but a silent Magistrate and the Magistrate a speaking law or a speaker of law And a Iudge or Iustice is a speaker of iustice and iudico is ius dico Judex hine dictus quod ius populis dicat quod iure disceptet id est 〈◊〉 iudicet iudex in quo iusiâ—tia desâ—dâ—ratur esse nequeat Iudex Isidor And therefore a Iudge or Iustice in whom iustice is not is not a Iudge but by equiuocation It is the injunction of the law diuine Iudges and officers shalt thou make and they shall iudge the people with iust iudgement Thou shalt not wrest iudgment That which is altogether iust shalt thou follow Deutr. 6. v. 18 19 20. Worthy an Emperor was the profession of Iustinian which I would commend to your godly imitation Aequam me vtrique parti tam in disceptandis controuersiis quam in tuenda disciplinâ praebebo Nâ—utri parâ—i praeter 〈◊〉 sas adâ—â—ctê° ero quod si haec non oâ—serâ—auâ—ro onuâ—iâ—us incommodis ero expâ—situs tam hic quara in futuro seâ—ulo in borrè◠do indicio magni Domini Dei saluâ—toris nâ—stri Iesu Chrisii habeboque parteÌ„ cum Iuda lepram câ—m Huzziah trem reaâ— cum Cain AequuÌ„ me vtrique parti tam in disceptandis coÌ„trouersiis quam in tuenda disciplina praebebo c. I will shew my selfe equall to both parties as well in deciding of controuersies as in defending of discipline I will fauour neither part beyond law and right and if I shall not obserue these things I shall be exposed to all discommodities both here and in the world to come in that dreadfull iudgement of our great Lord God and our Sauiour Iesus Christ and I shall haue my portion with Iudas the leprosie with Huzziah and trembling with Cain O memorable sentence worthy to be ingrauen in the very heart of Iudges and Magistrates with the point of a Diamond yea with the finger of Gods spirit And so much of this Now we are come to the last degree of the dutie of a Iudge in iudiciall processe The 3 Degree To do iustice which is the doing of iustice or execution of iudgment pronounced After the cause is discerningly heard with the eare of iustice and the sentence equally pronounced with the mouth of iustice then must execution be exactly done by the hand of iustice both in rendring to euery man his right and also in freeing the innocent and punishing malefactors For vnlesse this exact execution do follow the former processe is altogether fruitlesse and tends to no profit or good effect But in matters of controuersie the partie oppressed stands still vnreleeued after all his cost and painefull trauaile And in matters of crime enormities and disorders remaine still vnreformed And in both both Church and Common-wealth stand fearefully surcharged with the guilt of many sinnes And often for want of due execution of iudgement by the sword of the Magistrate the sword of Gods wrath is vnsheathed against a Land especially for the releeuing of the helplesse oppressed and in reuenging of bloody and crying sins And thus much of the instructions and injunctions giuen to the Iudges and of the three degrees of iudiciall processe which are the three duties of a good and worthy Iudge Now followeth the second particular obserued in this Charge II. Point Parties betweene whom they must heare Iudge namely the parties whose causes are to be heard and iudged which are set out in relation First to the Iudges your brethren Secondly among themselues Betweene euery man and his brother that is as was said of the same Nation of the same Religion neither onely so but of the same nature And the stranger that is with him a stranger for kindred nation
feare that contrarie to his conscience and his owne mouthes restimonie he did adiudge our Sauiour Christ though innocent vnto a shamefull and opprobrious death And sure it is this seruile feare troubles the mind distracts the thoughts and corrupts iudgement and makes the mouth to speak against the conscience to cleare the wicked to condemne the innocent And therefore for the preuenting of such feareful corruption God required these properties in Iudges that they should be men of courage fearing God Exod. 18.21 Prou. 1.7 c. The feare of God is the beginning of Wisedome and foundation of other most excellent vertues Among the rest of vndaunted courage and maketh resolute in good and godly causes Facile a iusticiâ deniat qui in causis noâ— Dâ—uÌ„ sed homines pertimescit Chrysost Pietate sublata fides tollitur Cicero Euseb de vitâ Constant lib. 1. c. 11. Gen. 20.11 whereas hee doth easily slip aside from equitie and iustice who stands not in feare of God but of men saith Chrysostome For take away pietie fidelitie is gone as we see in the vnrighteous Iudge Luc. 18. v. 2.3 And as Constantius Chlorus Father of Constantine the Great did well experience in his Counsellors and Courtiers It was Abrahams conclusion The feare of God is not in this place therefore they will kill me Wherefore to conclude this these pestilent impediments of equitie and iustice this and the other being farre remoued by Christian courage feare of God and hatred of couetousnesse I most humbly beseech you in the name of the Lord both Iudges and Magistrates and all ministers of iustice Isai 28s 17. Lay iudgement to the rule and righteousnesse to the ballance Let iudgemet be brought forth in truth and let the glorie of iustice extende it selfe like a flowing streame Let iudiciall processe equally proceede in hearing sentencing executing of iudgement without needlesse protraction and vniust delay and for the better inducing of your godly minds hereunto consider the reason annexed in this Charge for the iudgement is Gods IV. Point Reasons for obseruation of the Iniunctions and Cautions For the iudgement is Gods The reason why Iudges and all ministers of iustice ought to performe these iniunctions and obserue these cautions in iudiciall processe is this for the iudgement is Gods yea and to annexe vnto this that which was premised The Charge is from God And to speake hereof but paraphrastically for breuities sake The first reason The iudgement is Gods 1 The Ordinance of iudgement is the ordination of God by his wise and immutable counsell and decree Rom. 13. and must be vsed faithfully as the ordinance of God 2 The Person who iudgeth is a person sent of God by his most wise and prouident dispensation God made thee a Iudge Magistrate Iuror or Witnesse by his gracious ordination or prouident permission and thou must deale faithfully as the minister of God 3 The Person sustayned by the Iudge is Gods for he is the delegate deputie and minister of God and though for nature condition and qualitie but a man yet for title and office and authoritie a God and must square his iudgement to the will of God Psal 82. 4 The causes and persons to bee iudged are Gods mans life is Gods his goods are Gods the man is Gods and God is his Father or master but surely his owner and must be delt well withall as belonging to God 5 The iudgement as if it be righteous God did effect it so will hee approue auow defend and reward it and therefore it must bee such as may be auowed of God The second reason And now to end where I first did beginne The Charge is from God for the doing of iustice and he doth enioyne and require the doing of iudgement and wil one day call to account for what is done not onely by his Deputie that little God of thy Conscience who wil sentence thee secretly if thou doe amisse But he that is higher than the highest Eccl. 5.7 the great God and our Sauiour Iesus Christ the righteous Iudge of quicke and dead will iudge thee openly before his dreadfull Tribunal God will bring to iudgement euery worke Et quid faciet de iniustis iudicijs qui ipsas quoque iusticias iudicabit qui cuique merita recitabiâ— Bern. Epist with euery secret thing whether it bee good or whether it bee euill Eccles 12.14 And what will he then doe with vnrighteous iudgements who will then iudge euen iustice it selfe who will recite to euery one his owne deserts The Lord of iudgement will come Veniet inquam veniet Dominus iudicij vbi plus valebunt pura corda quam astuta verba conscientia bona quam marsupia plena vbi iudex non faâ—â—etur verbis non flectetur donis 2. Cor. 5.10 will come I say and there pure hearts shall preuayle more than subtile words good conscience than full purses when the Iudge shall not bee deceiued with wordes nor ledde with rewards but will giue to euery man according to his workes and euery one shall receiue according to that he hath done in the bodie whether it be good or euill Thus by Gods gracious assistance and your Christian attention I haue spoken somewhat of the principall parts and passages of this charge of God and the King to Iudges and Magistrates and all ministers of iustice as namely first of the instructions and iniunctions for right hearing and iudging secondly of the persons whose causes are to bee heard and iudged thirdly of the admonitions and cautions against pestilent impediments which are frequent enemies to equitie and iustice accepting of persons and feare of mens faces fourthly of reasons to enforce the performance of the instructions and obseruation of the cautions There onely remaines the case of reseruation Now that iudiciall processe may bee rightly conformed vnto this charge of God and the King it must be ordered with great counsell and wisedome and dependeth much vpon the wisedome and faithfulnesse of all the ministers and instruments of iustice but lyeth most in the wise discretion and religion of the Iudge who must wisely consider all reasons and circumstances for the prudent ordering of such important affaires both in matters of controuersie and punishment of crimes In both which I would intreat you from the Lord In iudiciall processe two things principally to bee respected that you would haue most speciall regard that there bee mature progresse in iudiciall processe 2. and also equall moderation in punishment of malefactors 1. Mature progresse The former of these which I would commend vnto your care is mature progresse in iudiciall processe in hearing and sentencing and executing of sentence with all readie dispatch and conuenient speed without procrastination or vniust delay The Lord himselfe enioynes this vnto Iudges Deutr. 25.1 If there be a controuersie betweene men and they come into iudgement that the iudges may iudge them then shall they iustifie
haue done vnto his brother So shalt thou put away the euill from among you and those which remaine shall heare and feare and from hence-forth shall commit no such euill among you And thy eye shall not pitie but life shall go for life and the morall law doth eternally establish that the wilfull murtherer should die the death Gen. 9.6 I acknowledge indeed that famous Emperors haue bene much admired for clemencie and pitie Suet. Vesp as Titus Vespasian who wept for just executions and whereas the Emperors themselues vsed then to iudge of life and death Tranquill in Tito he was hardly drawne to giue iudgment at all and vtterly vnwilling to condemne any to death Mauricius who by his good will would not haue so much as a Traytor die Euagr. l. 6. c. 1. Augustus in prudence second to none yet being to examine a parricide began thus â—an Bod. de rep lib. 4. cap. 6. Certè patrem non occidisti Surely thou hast not slaine thy father In which words he did not onely instruct the guilty person what he should answer to the Prince and Iudge but also in admirable humanitie did pardon the parricide Theodosius Socr. lib. 7. c. 22. who was wont to wish that he could recall to life such as had wronged him Nero himselfe otherwaies cruell who being asked to subscribe to a sentence of death gaue this answer Vtinam liter as nescirem I would I could not tell how to write But be it granted that Clemency is a princely vertue as the King of Bees is without a sting and Bounty another Nihil est quod Imperatorem meliùs commendat gentibus quam Clementia Antoninus ad Coniugem Valcatius in vita Cassij which winnes much loue for which cause Titus Vespasian was accounted the loue and delight of mankind yet excesse herein is no vertue but a vice when it hinders the current of needfull execution of iustice And nothing is so contrary to the office of a Iudge as such mercy when the Iudge becomes more mild than law in sparing the execution of notorious malefactors Such impunitie of grosse offences is as one saith a most certaine argument of the perishing estate of a Common-wealth Punishments duely executed are the sinewes of the weale-publike 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes True indeed in cases of difficultie there must be inclination to mercy In lesser offences once or seldome committed mitigation of seueritie Frequenter qui peccant lugent veniam vix merentur Such as often offend though they mourne for their fault yet scarce deserue pardon saith Augustine And Christian compassion in seueritie of censure commiserating the misery of a guilty person beseemes a Christian Iudge who when he pronounceth the sentence of death may with Augustus Seneca in lib. de Clementia ex imo pectore suspiria ducere fetch deepe sighes from the bottom of his heart and be more sorry for them than they are for themselues yet law must haue course iustice must be done that euill may thereby be taken away that others that heare may feare and doe no more so presumptuously and that the land stand not before God guilty of blood lest Gods sword be vnsheathed and his hand strengthned to the reuenging of so great and so sinfull conniuencies when impunitie is permitted to bloody crying finnes In few words to conclude this point As those Iudges or Magistrates are not to be imitated who in acerbitie of punishments affect the opinion of seueritie so neither those who by too much facilitie seeke loue and affect the opinion of lenitie Both these are faults in the extreme swaruing from the office of a Iudge l. respâ—â—iendum de poenis as auncient lawes do teach and declare Equitie walkes in the golden meane betweene rigorous seueritie which punisheth any too much and cruell mercy which spareth a few to the hurt of many Application of the doctrine to sundry orders of Persons Now it remaineth that I should apply this charge for iustice of God and the King giuen by Moses to the Iudges of Israel to our Honorable and Reuerend Iudges here present neither to our Reuerend Iudges alone but to all those ministers and instruments of iustice sundry persons of different qualitie who concurre as assistants in the dispatch of this busines But because my speach hath already passed the bounds of the allotted time I seeme vrged by necessitie to forbeare the same and to commend the particular application thereof to your priuate deuout and godly meditations yet hoping your wisdomes will redeeme a litle time by cutting off some lesser occasions I will make bold to speake a litle to the principall of those persons whom this charge doth so neerly concerne My Honorable Lords you the reuerend Iudges of these Assizes 1 To Iudges I shall not need to speake much vnto you because the Lord in mercy hath bestowed vpon you to speake as I am well perswaded without flatterie a great measure of wisdom piety to deale in matters of iudgment iustly and conscionably and you haue right well approued both to King and Country your fidelitie and sinceritie in execution of your function in so much as we blesse God for you and pray to God to blesse you that you also may continue a blessing vnto vs. Yet giue me leaue to put you in minde of this your charge from God the King Heare the causes between your brethren and iudge righteously Your wisdome and long experience haue taught you well that that of Chrysostome is very true Ipsam causae inuenire iustitiam grande opus Lib. 3. de Sacerdotali dignit cap. 18. inventam verò nulla iniquitate corrumpere labo riosissimum To find out the very iustice of the cause is a great worke and therefore you had need to be very circumspect therein and when it s once found out then to corrupt it by no iniquitie is a most laborious thing and therefore you had neede to be very vpright therein And that I may ioyne with the reuerend Iudges those worthie magistrates 2. To Iustices of Peace the Iustices of Peace you well vnderstand what a fearefull sin it is to turne iudgement into Wormewood Amos. 5.7 and to leaue of righteousnesse in the Earth Ames 6.12 To turne iudgement into gall and the fruit of righteousnesse into Wormewood Ier. 5.28 To ouerpasse the deedes of the Wicked to execute no iudgement no not the iudgement of the fatherlesse to execute no iudgement for the poore What a fearefull sinne were it for any of you to suffer through your neglect or partiality iust iudgement neuer to goe forth Heb. 1.4 but the wicked to compasse about the righteous and wrong iudgement to proceed These are fearefull sinnes in Iudges and magistrates for which the Lord did sharpely threaten and seuerely punish his owne people Wherefore I earnestly beseech you from the Lord continue still if you haue begun to be men
heare it so readie of resolution that they know which way their verdict shall goe assoone as they know the partie whom they would pleasure or please to bee the plaintife or the defendant before the cause bee opened or euidence produced But as the Law doth presume you to bee Gentlemen of choyce for wisedome and integritie and yeomen of good note for truth and honestie experienced in Law-courses and cases to bee tryed so be diligent in sifting and examming all proofes and euidences readie to conceiue and acknowledge apparant equitie and conscionable in bringing in an approued verdict not partiall nor vnequall in hope of reward or for feare of daunger for fauour to your friends or enuy to your aduersaries but such as may be allowed of God and men to your credite and comfort and the publique good Lastly you my brethren the bodie of the Countrey 6. To the body of the Countrey who seeke in these places of iudgement the face the Iudge to haue your causes tryed in matters of controuersie or else are brought hither to be iudged in matters of crime Follow peace with all men and holinesse without which no man shall see the Lord. Whatsoeuer you would that men should do vnto you euen so doe yee to them For matter of crime 1. Pet. 2.17 Psal 34.13 1. Pet. 3.11 take those exhortations Feare God honour the King Eschew euill and doe good Practise pietie toward God equitie toward men Liue holily as good Christians in a Christian Church liue blamelessely as good subiects in a Christian Common-wealth Auoid those capitall crimes and shamefull courses which bring men to censure before these iudgement seats And to speake particularly Rom. 13.3 If thou wilt not bee afraid of the power of the magistrate doe that which is good and thou shalt haue prayse of the same whosoeuer thou art But if thou doe euill then be afraid for he beareth not the sword in vaine for hee is the minister of God a reuenger to execute wrath vpon him which doth euill Art thou then a traytor to the King or Common-wealth a wilfull murtherer or poysoner of thy brother Then the sword of iustice must be sheathed in thy bloud that euill may be taken away that the land be not guilty of thy foule offence that others may heare and feare that sinne may bee punished in thee and preuented in other that heare or see thee If thou receiue censure for some smaller offence learne by this thy censure to amend thy life lest a worse thing hereafter befall thee for thy iterating of thy sinne will increase thy punishment In case of controuersie I beseech you all to obserue these rules seeke peace and follow after it follow peace with all men Defraud not one another Publicè interest vt lites iniustae atque inanes coerceantur ne Magistratus querelis atque causis nihil◠occupetur neue ciues temerè iuter se rixentur pacemque turbent L. 21. ff si certum petatur And if controuersies arise vse all good meanes for the speedie compounding of them that the Iudgement-seat be not troubled with euery trifling brawle and needlesse suite And whereas none are more readie than you to cry out of Lawyers Atturneys and such men as vnconscionable in peruerting of iustice as vnreasonable extortioners and extorters of fees as defrauders and vndoers of the Common-weale scraping to themselues the fat of the land c. Take heed that the fault and cause of these euils doe not first issue and spring out from your selues from your peeuish and wrongfull and reuengefull dispositions Whosoeuer thou art therefore that complaynest of others take heed lest the fault be found in thy selfe Prosecute no bad cause of hatred to hurt another but onely good causes and that of necessitie to relieue thy selfe Packe no Iuries Suborne no witnesses Bribe no Iudges Lawyers nor ministers of justice vse no calumnies forgeries or vnjust protractions or vn-warrantable practises for the effecting of thy purposes in vnlawfull proceedings for if it fall out thou be justly cast in thy bad cause then shalt thou beare an heauie burden of iust punishment for thy wilfull prosecution of thy vnrighteous suit Or if by force or fraud thou preuayle against equitie then which is worse thou burdenest thy selfe with the fearefull guilt of double iniquitie And though thou get the day in the place of iudgement on earth yet shalt thou loose the day at Gods Iudgement-seat in Heauen Application to all ioyntly And now at length to grow to a finall conclusion of all these things being so as Iehosaphat that most worthy seruant of God did charge those Iudges whom he had made so do I a poore Minister of Christ in the name of the Lord charge you all that haue the least finger in matters of iustice as Reuerend Iudges worthy Iustices Counsellors Iurors witnesses and the rest Take heed what yee doe ◠Chron. 19.6.7 for yee iudge not for man but for the Lord who is with you in the iudgement Wherefore now let the feare of the Lord be vpon you take heed and do it for there is no iniquitie with the Lord our God nor respect of persons nor taking of gifts And as Moses to these Iudges of Israel in this place Heare the causes between your brethren and iudge righteously betweene euery man and his brother and the stranger that is with him Yee shall not respect persons in iudgement but you shall heare the small aswell as the great you shall not be afraid of the face of man V. and last poynt Of reseruation of iudgement for the iudgment is Gods Now I should proceed to the case of reseruation And if the cause be too hard for you bring it vnto me and I will heare of it But of this I say no more but this That whereas these causes and matters of iudgment are farre too great for any of vs who of our selues cannot thinke a good thought Therefore let vs appeale to God and to his Throne of grace for his assistance and blessing in these weighty affaires of Iudgment O blessed Lord God Father of mercies and God of all grace graunt we humbly intreat thee to our Iudges and Magistrates heauenly wisdom christian courage godly feare vncorrupted integritie in hearing and iudging to all the ministers and instruments of iustice and equitie vprightnes and good conscience in prosecuting and promoting of actions and causes to all the people louing affections and peaceable dispositions one toward another thankfulnes vnto thee for this thine ordinance of iudgement and dutiful obedience to the rules of pietie iustice and equitie that so vice may be punished vertue encouraged iniustice may be remoued equitie maintained The common-wealth may be prospered the Church enlarged our poore soules may be saued and thy great name glorified in the manifestation of thine aboundant mercie in our felicitie and that for the merits of thine onely Sonne and our onely Sauiour Iesus Christ the righteous Iudge of quicke and dead to whom with Thee O Father and with thy Holie-Spirit three glorious Persons but one only true and euer-liuing God be ascribed of vs and of thy whole Church all Honour Glorie Praise Power Maiestie Dominion and Thankes-giuing from this time forth for euer-more Amen All glorie be to GOD. FINIS