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A09254 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 Haughton 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. Pemberton, William, d. 1622. 1619 (1619) STC 19568; ESTC S103437 46,028 130

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of courage fearing God dealing truely Exod. 18. Esay 1.17 and hating couetousnesse And seeke iudgement relieue the oppressed iudge the fatherlesse and defend the widow that you may safely preuent such fearefull sin and wofull miserie Your calling is honourable ordained of God as a soueraigne antidote against euill and promoter of good Your persons are selected to this function by God The person you susteine is the Sonne of God who hath honoured you with the title and authoritie of God who is present as chiefe President in the assemblies of Gods Your iudgement which you giue is the iudgement of God and he will auow and defend both it and you if it be iust hee will renounce both it and you if by your wit or will it be vnjust as vnbeseeming his Maiestie who is iustice it selfe 3 To Counsellors You the Aduocates of justice as Counsellors and Pleaders I beseech you to endeuour in the feare of God to cleare your selues of those two imputations which sometimes are layd vpon some of you how iustly vpon any of you that are present not I but God and your owne consciences can tell you namely first that there is no cause so bad but by your shifts and pretences you can make it seeme good secondly nor no cause so good but by your vnskilfulnesse or vnfaithfulnesse in handling you can make it seeme bad Turpe est defendere quod non mihi consliterit iustum esse Gregor Consider I beseech you that it is a verie fowle thing resolutely to defend what cause you know not to be iust but when you perceiue know it to be vniust then by querkes and deuises to cloake and ouer-shadow falsehood and wrong and against conscience to out-face both truth and iustice in the face of the Court and Iudgement-Seat before Gods Minister of Iustice yea God himselfe it is a most horrible and fearefull sinne This were to call good euill and euill good Esa 5.18 to instifie the wicked for a reward and to take away the righteousnesse of the righteous from him yea to draw iniquitie with cords of vanitie and sinne as with cart-ropes Against which manie fearefull woes are denounced Remember I pray you that worthie example of the learned and vpright Lawyer Papinian who being desired by the Emperour Antoninus Caracalla to defend his fratricide of his brother Geta answered boldly Spartian Non tam facile est excusare fratricidiū quam facere It s not so easie to defend fratricide as to doe it And he would rather dye thā vndertake the defēce of an vniust and vnrighteous cause And if you haue taken on you the defence of a good cause doe not by your ignorance ouer-throw it or by your vnfaithfulnesse betray it and make your poore client pay ful dearly for your ouersight in formes of prosecution But be aduertised I pray you by vertue of this charge to heare and iudge righteously Informe your selues throughly in the state of the cause and deale faithfully with your Client in relating what you thinke of the equitie of the cause and issue of the controuersie And if it bee bad let it not by any your meanes be prosecuted with cost lost with infamie or wonne by iniquitie and flat injustice If good let it not want good successe by your neglect or ouersight or want of countenance and fidelitie in pleading or become more costly by your procrastinations But vse your best endeauour that right may be found with moderate expenses that law may proue a speciall and speedy remedy of wrongs and not a trap or engine to catch and insnare men as men of all sorts doe commonly complayne Then though your poore Client doe not enrich you with his fees yet shall you bee no loosers when you haue made vp your reckonings but what is wanting in the poore Clients small fees shall God himselfe recompence in your great accounts and bestow vpon you not a temporall garland but an eternal crowne of glorie for your vertue and well-doing to the people of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. To Witnesses You Witnesses who shall for true testimonie to the truth take a solemne oath of God and the King and calling vpon the glorious name of God vow damnation to your soules if you speake not truth Know that a feareful curse is gone out from the Lord vpon all such as shall so solemnely take his glorious name in vaine A false Swearer is guilty two waies Ch●●soss in mat 5. est 22. q 5. cau quicunque both because he takes Gods name in vaine and because he takes his neighbour by deceit yea a false witnesse is obnoxious and offends against God whom hee contemneth the Iudge whom he seduceth the partie whom he wrongeth by his false testimonie yea to his family which he hurteth and to his owne Soule which he condemneth O be not I beseech you so trayterous to God so treacherous to the Iudge so iniurious to your brethren so hurtfull to your posteritie so desperately prodigall of the bloud of your owne soules as hauing layed them to God for pawnes of truth you will wittingly and willingly sweare and forsweare against God and truth King and Iudge neighbour and familie and your owne selues as lewd and godlesse and gracelesse sonnes of Belial But beeing called hither by God and the King to this seruice of your Countrey all you that haue taken or are to take an oth sweare in truth Ier. 4.22 in iudgement and righteousnesse These three if they be wanting it s not so much an oath as a perjurie Discharge your oathes vnto the Lord. Be not so silly as not to conceiue the truth nor so forgetfull as not to remember truth nor so subtile as to deceiue both others and your selues by false witnesse-bearing against the truth Know what you testifie testifie what you know The whole truth and nothing but the truth The whole truth be not afraid of the face of any great man who may sit on your skirts for speaking the truth Nothing but the truth doe not accept mens persons in iudgement Be not corrupted with friendship nor suborned with reward Shake off vaine feare cast off vaine hope Witnesse for small aswell as for great for Stranger aswell as for brother giue a playne testimonie to truth and veritie So shall you haue the testimonie of honestie for your credite among men The testimony of good conscience for comfort in your selues and testimonie from Christ at the day of the great Assise as fit to inhabite in his holy mountaine for euer 5. To Questmen and Iurors The charge of God and the King to all Quest-men and Iurors is the same in effect with that of the Witnesses that they heare and giue verdicts righteously discharging their oathes vnto the Lord. Far be it from you my brethren to be such as some common Iurors are of some said to be so quicke of conceit as that they know the case before they