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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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I may be heard and Gods gracious blessing vpon that which shall be spoken and heard that it may redound to Gods glory and to our profit and comfort and so I proceede First generall Part. Giuing of the charge The first generall part formerly propounded is the giuing of the charge And I charged your Iudges at that time saying I. Point The Persons who gaue the Charge And the first particular therein obserued was the person who gaue it I that is Moses This one person Moses sustaines a double person 1. God First of God as he was a Prophet of God and spake from the mouth of God 2. The King Prudentiss●mus L●gislator ●ustissimus Princeps ac Propheta maximus Philo in vita Mosis Secondly of a King as he was the chiefe Ruler and gouernour and so it is the charge of GOD and the KING First this was the Charge of God for Moses the man of God was as was said an holy Prophet of God immediatly called of God to this holy function immediately assisted and directed in his execution by God and what he injoyned to this people he receiued it from God from Gods mouth or by inspiration of his Spirit or by some such speciall and infallible information of God Moses elected Iudges to helpe and assist him in iudging of causes with varietie and multitude whereof hee was ouer-charged and this he did by the wise and godly counsell of his father in law Iethro Exod. 18. yet vpon consultation also first had with God and expresse answer from the heauenly Oracle For so Iethro aduised him Exod. 18.23 If thou shalt doe this thing that is elect some assistant Iudges and God command thee so then shalt thou be able to endure And the conscience of Moses consulting with God did giue testimonie to this aduertisement of Iethro as the counsell of God and therefore this election of Iudges by Moses was in deede and effect the election of God and this Charge giuen to these New-elect was accordingly the charge of God Whence it followeth as a ground of all that I haue to speake that The charge for right execution of iustice giuen to Iudges by the Prophets of God is to be accounted the charge of God Doctr. This charge God giueth sometimes immediately with his owne mouth Exod. 10. thus God proclaimed the Morall Law which conteines all the grounds of equitie and iustice by his immediate voice and deliuered to Moses not onely the Ceremonials but also Iudicials by his immediate direction and by Moses vnto the Church as Leuit. 19.35 Yee shall not doe vnrighteousnesse in iudgement in line in weight or in measure And Moses in the execution of his weighty function did consult with God in his heauenly Oracle as did also Dauid and others 1 Sam. 3.7 8. in cases of difficultie not expressed in Gods word And God directed Ioshua Josh 1.1 2. after the death of Moses God giues this Charge sometimes by his instruments as Prophets Apostles and Ministers of the Gospell By Prophets as by Moses to these Iudges in this place and so by Isaiah to the Iudges of Iudah Is 1.17 Seeke iudgement releeue the oppressed iudge the fatherlesse plead for the widow By the prophet Ieremiah to the King of Iudah and his seruants Ierem. 2.2 3. Execute yee iudgement and righteousnesse and deliuer the spoiled out of the hand of the oppressor and do no wrong doe no violence to the stranger the fatherlesse nor the widow neither shed innocent blood in this place And Chap. 21. v. 12. O house of Dauid thus saith the Lord execute iudgement in the morning and deliuer him that is spoiled out of the hand of the oppressor By the kingly prophet Dauid Psal 2.10 Be wise now therefore ô yee Kings be instructed yee Iudges of the earth By the prophet Zachary to the Iewes Thus speaketh the Lord of Hostes Zach. 7.9 execute iudgement shew mercy And againe Zach. 8.16 Execute the iudgement of trueth and peace in your gates By his holy Apostles vnto Christian Magistrates as the Apostle S. Paul one for all the rest sets downe the office and charge of a Iudge or Ruler Rom. 13.3 4. saying Rulers are not a terrour to good workes but to the euill againe The Ruler is the minister of God a reuenger to execute wrath vpon him that doth euill Lastly God giues this charge by the Ministers of the Gospell who are his Ambassadors in matters of God to declare his will to the people of God And we Gods ministers stand charged of God as Timothie of St. Paul before God 2 Tim. 4.1 1 Tim. 5.21 and the Lord Iesus Christ and the elect Angels that we obserue all that God injoynes vs without preiudice and we must do nothing of partialitie but must diuide the word of God aright 2 Tim. 2 15. dispensing Gods mysteries as his faithfull stewards and giuing to our Lords familie to each one his due portion Luc. 12.42 in due season and so prescribing to Iudges and Rulers their duties from God as we our selues expect to be iudged of God and we must not dare to corrupt the word of God but as of sinceritie 2 Cor. 2.17 as of God in the sight of God so ought we to speake in Christ and so I desire to speake vnto you Wherefore right Honorable and beloued in the Lord Vse let mee intreat you from the Lord that you receiue from vs who serue God in this function our charge for iustice as the charge of God not measuring the weight of our embassage by the meannesse of our persons but weighing the worthinesse of our calling and giuing entertainment to the truth which we speake according to Gods word not as the word of man but of God alwaies remembring that of our Sauiour to his Disciples and in them to vs Behold I send you and He that heareth you heareth me Luc 10. v. 3 16 and he that despiseth you despiseth me And that worthy saying of our most learned religious King in a solemne disputation in the Vniuersitie The King himselfe ought to obey the Minister At Cambridge March 16 14. tanquam spirituali medico ex verbo Dei praescribenti as to a spirituall Physician prescribing to him out of the word of God And this accords with his Maiesties instructions to the Prince his eldest sonne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 10. When any of the spirituall office-bearers in the Church speaketh vnto you any thing that is well warranted by the word reuerence and obey them as the Heraulds of the most high God And so much of this as the Charge of God Now I come to it as the Charge of the King 2. The King giues this Charge The second person whom Moses susteineth in giuing of this Charge is the person of the King for hee was designed chiefe Ruler and Iudge of Gods people his authoritie was Regall his power Soueraigne though
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 no● D●ū 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 recitabi● 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 fa●●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
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