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A66487 God's court wherein the dignity and duty of judges and magistrates is shew'd in a sermon preached at the assises held at Kingston upon Thames, July 26, 1683 / by Thomas Willis ... Willis, Thomas, 1619 or 20-1692. 1683 (1683) Wing W2818; ESTC R7864 25,324 48

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wont to make the Statues of their Judges without Hands Plut. de Isid Osir to note they should take no Bribes but he cannot possibly be a good Judge who as it is said of the Sword-Fish is without Heart who wants Courage and Resolution to Execute Justice and Judgment A Judge must have an Eagles Eye and a Lyons Heart He must have a Quickness of Sight to detect mens Crimes and a Courage sufficient to condemn the Guilty We read in our Chronicle Sir Rich. Baker that Henry the Fifth being Prince coming to rescue one of his Servants that was indicted was resisted by the Lord Chief Justice whom he struck in the Face for which the Lord Chief Justice committed him to the Fleet. The Prince suffer'd himself to be led to Prison The King his Father hearing of it was exceedingly pleased that he had a Judge of such Courage and a Son of such Submission Justice is indeed a Heroicall Virtue in a Judge which elevates him above all Fears of Danger and Degradation all Regard to Riches and Honours all Respects to Relations and Allies it raises him to a true Greatness of Mind and Sublimity of Spirit and sets him above all Terrours and Temptations it assimilates him in his Judiciall Proceedings to the impassible Divinity And such a Judge shines in Honour as a God among men and in the Renown of his Justice will be immortall Thus Fortitude and Magnanimity must enoble the Minds of those who sit upon the Tribunall and elevate their Spirits to such an Heroicall Height as is proportionable to the Greatness of the Power wherewith they are intrusted for the Administration of Justice and Judgment To complete their Character and Conformity to GOD Exo. 18.21 Judges and Magistrates must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 men of Truth Truth is an essential Excellency of GOD the Rector and Judge of the World Deut. 32.4 For a GOD of Truth and without Iniquity Just and Right is He. The Truth of Things is their Reality or reall Existence as they are represented to be the Truth of Persons is their Integrity or faithful Management of their Affairs in Answer to and Discharge of their Obligations A Judge or Magistrate must be Faithfull in the Discharge of his Trust and make Truth as far as it can be discern'd the very Basis of all his Proceedings Among the Egyptians the chief Judge wore about his Neck a certain Jewel Aelian var. Hist l. 14. c. 34. wherein the Image of Truth was ingraven in a precious Stone This was design'd certainly not so much for an Ornament as a Memoriall that he might proceed in Judgment according to Truth And surely RIGHTEOVSNESS and TRVTH as the VRIM and THVMMIM in the Breast plate of Aaron should be engraven on the Soul of the Judge Exo. 28.30 For he that has not Truth and Justice seated in his very Soul as the Father speaks * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Basil cannot rightly execute Judgment Truth is the Soul of Justice without which Courts of Judicature are but Shops of Cruelty If a Ruler hearken to Lyes saith Solomon all his Servants are wicked Then the Righteous will be defam'd the Guilty absolv'd the Innocent condemn'd Justice and Judgment will be perverted to the high Dishonour of GOD and horrid Oppression of men but when the Ruler and Judge with David hates and abhors Lying Prov. 29.12 Psal 119.163 loves the Truth preserves it inviolable in himself and prizes it in other men he will earnestly endeavour to find out Truth in all Matters before him that all his Proceedings may be in Righteousness and Truth Happy is the State of that Land Psal 85.8 wherein Mercy and Truth are met together Righteousness and Peace have kissed each other When Truth shines with a clear Ray Justice will appear in a conspicuous Glory Thus we have seen what the Virtues are wherein Judges and Magistrates are oblig'd to excell upon Account of that Honour which the most High GOD hath conferr'd upon them in giving such Glorious Titles to them They are stil'd the Mighty the Gods and therefore that they may express a Similitude to the Eternal Divinitie they ought to excel in Wisdom Justice Mercy Fortitude and Truth Then as their Names are a Titular Honour these Virtues will be their Reall Glory These Virtues will not only gild their Names but put such a Lustre upon their Persons as will make them appear as Gods among men Where-ever they live they will be had in Honour especially when these judiciary Virtues are conjoin'd with a constant Practice of true Pietie attended with the Actions of a good Life and animated with a great Zeal for the Glory of GOD. And truly he that is GOD's Substitute authoriz'd to act his Part among men should be zealous for His Glory and he that by the Hand of GOD is exalted to Eminency of Place and Power above others should excell in Piety and be exemplary to others in the Virtues and Actions of a good Life He should live above this World in Contempt of sordid Gain and secular Glory and uncontaminated with those sensuall Pleasures and vicious Impurities which wofully debase the Minds of men A corrupt Judge that oppresses the Poor Psal 10.18 is stil'd a man of the Earth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sorry man who is but a Son of the Earth But as for the Mighty Psal 82.1 6. who are called Gods and all of them Sons of the most High Col. 3.2 20. how does it become them to mind the Things that are above and to have their Conversation in Heaven from whence their Power and Glory descends For where should a God live but in Heaven And if for the Good of men he abide on Earth he should by a Great Virtue turn Earth into Heaven and the Place wherein he moves and acts in to a Sphaere of Glory Such ought Magistrates and Judges who are the living Images of GOD to be in this World And then the more they excell in Virtue and Piety here the brighter shall they shine in Glory hereafter For they must at length leave this World and be divested of their secular Power and Greatness Psal 82.6 7. Tho' Titular Gods they are indeed but Mortall men I have said ye are Gods and all of you Children of the most High but ye shall dye like men and fall like one of the Princes You who sit as Gods upon the Tribunall in this World and judge others shall at length how soon ye know not stand before the Tribunall of the most High GOD to be judg'd your selves according to your Works Then shall all the Actions of Humane Courts be scann'd again and all the Errours and Obliquities of Judiciall Proceedings openly detected Then the Wrongs of all the oppressed of all that have been injur'd by an unjust Sentence the Tears of Orphans and the Bloud of Innocents shall with loud Clamours cry for Justice and sollicit the
to be a constant Circulation of Honour which as it Originally comes from GOD so should it ultimately return to Him Rev. 22.13 who is the First and the Last the Beginning and the Ending the first Cause and last End of all things All the Streams of Excellency and Honour which flow from Him as their first Fountain and Originall should return to Him and empty themselves into the immense Ocean of His Glory Now as GOD by giving these Names to Judges and Magistrates puts a Lustre upon their Persons and incircles them with a Glory to secure them from Contempt so He mightily obliges them hereby to such a Discharge of their Duty as that there may be a visible Correspondency in their Actions to the Excellency of their Titles and the Lustre and Glory of these Great Names may shine forth in the Execution of their Office Those who are stiled Gods should excell in those Virtues which are the lively Images of the Divine Perfections even of those Excellencies which are the Glories of God as the Supreme Lord and Judge of the World Such are Wisdom Justice Mercy Fortitude and Truth These are as the bright Raies of the Sun wherein the eternal Divinity shines forth with an amiable Lustre in the Government of the World And the Gods on Earth should array themselves with these Beams and Beauties and that they may manifest themselves to be what they are call'd they should so demean themselves that these Virtues and Excellencies may appear in their Administrations Wisdom is a Virtue which should never be wanting in Judges and Magistrates Eccles 8.1 'T was the Wisdom of Solomon which made his Face to shine with so bright a Lustre when he sate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 glittering in his Glory and Majesty upon the Tribunal In his clear Decision of the doubtful Case betwixt the two Harlots 1 King 3.28 both pleading for one living Child all the World admir'd his Wisdom This was an early Glory of his Government which render'd him truly Great in the Eyes of his Subjects Wisdom in a King or a Judge is an Angelicall Excellency a Ray of Divinity So it was said of David As an Angel of GOD so is my Lord the King 2 Sam. 14.19 to discern good and bad This discerning Faculty is a necessary Virtue in a Judge or Magistrate without which he cannot rightly administer Justice and Judgment * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isid Pelus l. 3 Ep. 9. He must have a piercing Eye to look through the Disguises wherewith guilty men are wont to hide the Truth and palliate their Crimes Truth is oft hudled up in Darkness and hidden from the Eyes of men A strict Scrutiny is then necessary to a right Judgment This was the Practice of Patient Job in his Prosperous State Job 29.16 The Cause which I knew not I searched out Politicall Wisdom which stands in the Knowledge of Laws and an Ability to apply that Knowledge to Practice in all emergent Cases and to make a right Judgment of Things in various Circumstances is a Virtue without which it is not imaginable the Office of a Judge or Magistrate should be rightly executed For as Justice is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato the prop of Cities the strength of Societies the Support of Kingdoms so Wisdom is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Orpheus the Eye of Justice Without this Justice is blind and that Sword oft wounds the Innocent which should Defend them and slay the Guilty But Justice thus guided by Wisdom is an essential Excellency of a Good Ruler a God like Judge For He that ruleth over men must be just 2 Sam. 23.3 ruling in the Fear of GOD. And 't is impartiall Justice which Moses the Great Law giver requires in Judges in the Charge which he gave them Deut. 1.16 17. saying Hear the Causes between your Brethren and judge righteously between every man and his Brother and the Stranger that is with him Ye shall not respect Persons in Judgment but ye shall hear the small as well as the Great ye shall not be afraid of the Face of man for the Judgment is GOD's For when Judges proceed according to the Divine Law which is the most exact Rule of Justice the Sentence they pronounce either when they absolve the Innocent or condemn the Guilty is none other than that which GOD Himself the Supreme Judge hath already pronounc't in his Law A Judge therefore making the Divine Law his Rule in Judgment must not acquit the Guilty nor condemn the Righteous Prov. 17.15 For he that justifieth the wicked and he that condemneth the just even they both are an Abomination to the LORD And he that either for Fear or Favour acquits a Great Offendour shall not only be hated of God but also abhorr'd of men For Prov. 24.23 24. He that saith to the Wicked Thou art Righteous him shall the people curse Nations shall abhor him He that against the Light of his own Conscience either acquits the Guilty or condemns the Innocent draws a woful Guilt upon his own Soul the Guilt of the Crime committed or the Bloud shed and GOD will require it at his Hand Justice is the Glory of the King and therefore should be the Care of the Judge When Sisamnes Herod l. 5. one of the chiefest of the Persian Judges had given an unjust Judgment Cambyses the King caused him to be flay'd alive and his Skin as a bloudy Trophee of the Triumph of Justice over an unjust Judge to be hung up over the Judgment-Seat for a Warning to all others Judges stand in the stead of GOD and therefore they should depose all Humane Respects and as Divine Persons do what may be rationally conceiv'd GOD Himself who is essentially Just in the like Case would do A Judge should so act in all Administrations as if he was nothing else but Justice incarnate So exactly impartially Just should Judges be as if they were what St. Acts 14.11 Paul and Barnabas were thought to be Gods come down from Heaven in the Likeness of men And therefore they must be such whose Eyes are not dazled with the Lustre of Gold nor Hands open'd to receive Gifts For how absurd is it that as it is in the ancient Proverb * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 16.18 19 20. The Hare should draw the Lyon with a golden Snare Judges and Officers saies Moses shalt thou make thee in all thy Gates which the LORD thy GOD giveth thee throughout all thy Tribes and they shall judge the People with just Judgment Thou shalt not wrest Judgment thou shalt not respect Persons neither take a Gift for a Gift doth blind the Eyes of the Wise and pervert the Words of the Righteous * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Justice Justice or that which is altogether just shalt thou follow It should be as easy to turn the Sun from his Course as to divert a Judge from the