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truth_n according_a law_n word_n 1,924 5 4.0207 3 false
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A28303 A caveat for magistrates in a sermon, preached at Pauls before the Right Honorable Thomas Atkin, Esquire, Lord Major of the city of London, November the third, 1644, being the first day of his coming thither after his entrance upon his majoralty / by Elidad Blackwell ... Blackwell, Elidad. 1645 (1645) Wing B3090; ESTC R200137 30,169 52

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rain down fire and brimstone presently No I le goe down and see first saith he See whether they have done altogether according to the cry And thus in punishing the old world And thus in confounding the language And this he did not for himself He is omnicient knows all things and therefore needs no inquisition or examination or triall to informe his knowledge but for our example Nè mala hominum praesumamus credere ante quam probare sayes Gregory Lest we should credit reports before we examine them Judges should herein be {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as Plutarch speaks Living Images of God The Thebanes pictured their Iudges somtimes without eys somtimes without hands but never without ears The cause I knew not I searched out saith Job Examinarion must ever goe before judgement And here mighty warinesse and caution and circumspection is required of Magistrates here they had need to take heed what they doe As namely that they doe it First speedily Without demurs delays procrastinations beyond what is necessary Secondly Meekly mildly patiently not in passion in anger in wrath The wrath of man works not the righteousnesse of God sayes James Thirdly Diligently not oscitantly sluggishly slothfully sleepily as Philip of Macedon once who by that means gave wrong sentence so that the partie was fain to appeal from Philip sleeping to Philip waking Fourthly Equally too indifferently Heare small aswell as great poore as well as rich Stranger as well as brother And heare both parties both sides Plutarch reports of Alexander that when he sate in judgment he was wont alteram aurem praebere actori alteram verò integram servarereo always to stop one eare to the Plaintiffe saying he kept that for the Defendant Condemne no man before he which is accused hath his accuser face to face and hath liberty to answer for himself concerning the thing laid to his charge It was a Rule among the Romans And it was a good Rule for why He that is first in his owne cause is just till his Neighbour comes says Salomon One mans tale is good till another's is heard Besides If to accuse be sufficient to make a man nocent who shall be innocent Fiftly judiciously understandingly A Judge He had need be a man of a most exact understanding that he may be able to discerne betwixt man and man cause and cause just and unjust true and verisimilus false and specious between the confidence of accusing or denying and the truth or falsitie of the accusation betwixt impudent guiltinesse and diffident innocence No cause so bad but there are that by their quirks and devises wil make it seem good And so on th' other side no cause so good but through the modestie or unskilfulnesse or unfaithfulnesse of those that plead it it may possibly seeme bad It 's strange to see with what confidence and what impudence with what a brazen forehead that Harlot carries it 1 King 3. and how right and innocencie in the other had even like to have betray'd it self through modestie and simplicitie of earriage and expression Had not Salomon had {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as Basil speaks a sharpe and exact understanding to discerne between the modesty of the innocent plaintiff and the malice of the envious defendant he had certainly been deceived Quibus bonestior conscientia iis plerumque frons imbecillior sayes Jerome Dishonesty many times like Tamar is vailed with a maske of fair words and a smooth tongue when innocencie is timorous and uneloquent Therefore Justitia though it should be coeca in exequendo yet it must be oculata in dijudicando impartially blinde in executing but eagle-ey'd in searching out a matter That 's the first thing Judges must take heed what they doe in Hearing causes Let the cause be opened let evidences be produced let the accused and the accuser bee brought face to face Let them get a manifest cognizance of the thing by a fair free calme hearing of matters on both sides before they passe sentence For why Possibly they may erre else Nay it 's almost impossible but they should erre else However unjust they shall be sure to be yea aequum licet statuerint as the Tragoedian though possibly they should light upon the right Though the Judgement should be just yet the Judge should be unjust Those that commence suits Those that plead and prosecute suits Those that testifie and give in evidence Those that bring in verdict All had need to take heed what they doe that they carry themselves as in the presence of God and doe nothing in these cases before Gods Vicegerents which they would not doe before God himselfe whose judgement it is and who is with them in the judgement But above all Judges had need to take heed Because when all have said all they can still the judgment lyes in the judges brest Secondly In passing sentence Judges must heare causes speedily patiently diligently indifferently understandingly and when they have so heard them they must passe sentence And here likewise abundance of warinesse and circumspection is required of Judges Judges had need to take heed what they doe as namely that they do it 1 Righteously Heare the causes betwixt man and man and judge righteously Deut. 1 16. with equability with proportion Proportion 1 to the minde of the Law 2 To the quality of the offence 3 To the nature and disposition of the party offending 1 To the minde of toe Law A Judge must proportion his sentence square his sentence not to his own or other mens passions affections humours favours but according to the Minde of the Law Not the words of the Law they are but vestitus legis but the Minde of the Law the true sense and meaning of the Law the intent of the Law that is according to justice and truth and equity and reason 2 According to the quality of the offence Artaxerxes that heathen King even by the light of nature prescribed this rule That every one that should offend should be sentenced According to his offence some to death some to banishment same to confiscation of goods some to imprisonment Ezra 7.26 As there is a difference of offences so there must be a difference of punishments Greater offences greater punishments lesser offences lesser punishments 3 According to the nature and disposition of the offender Respect herein must be had to that too It 's true the letter of the Law is the guide of judgement {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} for the most part But yet because mens actions are infinite and there are sundry particular cases which the Law in its generall mandats cannot foresee and provide for by reason of divers circumstances extenuating perhaps the nature of the fact and it would seem harsh if every thing should be censured by the rigour of the Law therefore much is left to the Judge herein and there ought to be in His breast an