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A91477 The judges charge; delivered in a sermon before M. Justice Hale, and M. Sergeant Crook, judges of assize, at St. Mary-Overies in Southwark, Martii 22. 1658. As also setting forth, the necessity of magistracy, for the weal of a people. With a serious item and admonition to all unruly spirits, that despite dominion, and resist the ordinance of God. By Rich. Parr, M.A. sometimes Fellow of Exeter-Colledge in Oxford, now pastor of Camerwel in the county of Surry. Parr, Richard, 1617-1691. 1658 (1658) Wing P547; Thomason E947_2; ESTC R33023 21,680 40

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Titles Bargains and Contracts which are brought to the Court not yet determined or agreed on And this I take to be the business of your Court of Nisi prius v. 8. 2. Matters Criminal of higher Misdemeanors Murders and Felonies Treasons or Blasphemies and this seems to be the concernment of that Court of Life and Death v. 10. between blood and blood And the same all-knowing righteous God sits over both Benches and is with you in the judgement of each person and cause This is an High Court of justice and we need no other Court of High-justice 3. Then thirdly there is another business for the Judges to do at this Court to receive complaints of Grievances and to see them redressed and to look to the standing-Magistracy of the respective places where such are to be reformed to execute the Laws in such cases provided for the weal of the Publick see v. 10. Ye shall even warn them that they trespass not c. And this may likewise include the Judges charge to the grand Inquest about Presentments and about Oaths and to Deponents and Witnesses that they trepass not by connivances or false accusations and false witnessing in any of the matters before them in the judgement for as your charge is strict so should you give a strict charge to others for it concerns you as you shall heat anon And so you have the Analysis or Resolution of this Chapter at least so much as concerns the Judges commission place and office and the matters that fall under their judicature Secondly We come next and now to the Text The King's charge to the Judges concerning those weighty matters before them to be judged and determined Wherein you may observe 1. The Person charging or instructing and it is Jehosaphat he that was King of Judah a good Prince and one that feared God and loved his Subjects and would have justice done in all his Dominions 2. The Persons charged and they are the Judges whom he had appointed to circuit from City to City to hear and determine Causes and to execute the Laws pro bono publico intending by them a thorough Reformation Inde latae Leges ne fortior omnia posset Ovid 3 Fast 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arles Eth. 5. For what else were good Laws made if not to be executed and what else is a Magistrate in his Administration but Lex loquens one that must give life to the Law which otherwise would be but a dead Letter 3. The charge it self about the Administration of Justice and Determination of Causes and doing Right to every one which Charge consists of three particulars with the Reasons to the inforcement of the duty which he gives them with a serious Caution and Command And in naming them we shall give you to prevent another labour for brevity the fuller sense and meaning of the words from the Original to make our Inference compleat and Application home 1. About the matters you are to determine and must pass your judgement Videte quid vos facientes the Hebrew Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Look what you are a doing Quid sitis facturi so Tremelius Take heed to what you are about The Syriack hath it thus fully Videte quid agati● fortes estote decernite judicium verum Take heed and decree just and true judgement with zeal and courage Consilium praecedat opus ne absurda sequantur And these together make the first Duty to consist in this That in the trying of Causes you consider heedfully the Question observe your Rule you are to judge by search after the truth This was that which Solomon begged of God 1 King 3.9 28. which lies deep take pains to sist it mark well the proofs understand the cause use your judgement and wisdom in discussing the point search out by trial Take heed to what you are about It is not an easie matter to be a just Judge or Determiner of intricate things considering how many actors and advocates that are subtil and crafty on either side in very many Causes that come before you Deal couragiously Take heed you do no wrong This is the first cautionary counsel 2. About the Sentence which must proceed from you to end the controversie according to the intent of the Law When you have found out the truth Iniquitas est ab aequitatis regula in alterutram partem declinati● Osor de Just 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sept. Justum esse facile est cui vacuat pectus metu Sen. and discern what is to be done in the case cease not to apply the Rule deliver the Law impartially which is the second Injunction in the charge Take heed and do it Custodite keep the rule and truth together facite do it fortes estote be ye valiant and resolute fear not to do Justice Observate facite serve and do it so the Septuagint Judges must be very wise and very valiant that they may administer true Justice impartially 3. The Caution for prevention or interruption in the manner and matter of executing just judgement 1. Respect no mans person Libertatem arguendi amittit qui ab eo accipit qui ideo dat ne corrigatur Ambros 2. Take no mans bribe let no man daunt you no gift corrupt you no friend byass you Qui induit personam judicis exuit amici Cicer. For Deut. 16.19 a gift doth blinde the eyes of the wise and pervert the words of the righteous 4. The Reasons to enforce this Charge and to set it home on the conscience that they may be careful in the matter of judgement and faithful in the manner of executing Justice impartially and with unbyassed and undaunted resolution and they are four all referring to the great holy and just GOD which the King presumes they fear 1. The Judgement you pass is for or against the Lord as it is right or wrong the matter concerns man but the justice concerns God Truth is God's Cause which he would have maintained 2. God is with you in the judgement and in the matter ye judge and in the sentence ye give with you 1. with his presence of intuition sees what you do 2. with his presence of protection and approbation in your Justice doing 3. or with his presence of correction to punish and judge the Judges if corrupt or negligent 3. God is your King and Judge and also your Pattern which you must follow in this He cannot be bribed to do unjustly nor flattered or awed into partiality neither must you if you will approve your selves to God in the business you must not let Justice fall through fear or sell it for gain neither careless coward or covetous can be a good Judge 4. As you fear the Lord as his dread is upon you or as you love and honour him if you would have any favour from him if you would approve your selves to him Take heed and do it let the fear of the Lord be
minde to be subject to principalities to obey Magistrates c. It is true we know Magistracy is distasteful to the proud and ungodly world because it keeps mens lusts from raging Quid non libido mentis humanae struat quid non malorum pruriat statum lacessunt omnipollentis Dei calumniosis litibus Prudent Hym. in Infideli and binds the hands from doing mischief And sure no man can be against Magistracy and good Order but he that would be subject to no Law of God and how can he be a good man then are they not called by St. Jude v. 8. Filthy dreamers that despise dominion and speak evil of dignities Exod. 22.28 Thou shalt not revile nor curse the ruler of thy people The Apostle Peter another of Christ's Followers gives the same thing in command 1 Pet. 2.13 14 15 Submit your selves to every ordinance of man for the Lords sake whether to the king as supreme or unto governors as unto them sent by him for the punishment of evil doers and the praise of them that do well for so is the will of God v. 15. This then is not commanded as though the ordinance of Government were of mans invention but of Gods appointment to be managed by men such as are appointed to this Rule and Office to punish evil doers as God hath ordained and cherish and protect those that do well This is the end of Magistracy The Anti-Magistratical Spirit then must not be owned of God nor can be secured by Scripture If the foundations be destroyed Psal 11.3 what can the righteous do But we must wave this point as to further prosecution and take up one of more immediate result from the Text and it is this That if Judges mean to discharge their duty well Doct. 2. and approve themselves to God it must be their care to judge rightly and administer justice impartially without regard to man as to what he is or what he gives This is God's Charge to Judges and thus good Judges must do in discharge of their Duty if they fear God This Inference lies close in the Text which renders this Doctrine Divinity and a ruled-case for Judges as a Principle of their Religion and Rule for their Practice And it were enough to quote the Text for proof but because you proceed secundum allegata probata and out of the mouth of two or three witnesses every word shall be established Mar. 18.16 as saith our Saviour take two or three more proofs for this Deut. 16.18 19 20. there Judges are set their business They shall judge the people with just judgement Si vis Tribunus esse imo si vis vivere manus militum contine Valer. Imp. Epist ad Tribunum thou shalt not wrest judgement thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise That which is altogether just shalt thou follow that thou mayst live So Levit. 19.15 Ye shall do no unrighteousness in judgement Thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour The merit of the Cause must be taken up and not the Person either poor or rich pity and respect must be laid aside in this matter a poor man must not be upheld in a wrong Cause nor a rich great man regarded for his gay clothing or Gold-Ring but justice must be done to each Jam. 2.2 3 4. as their Case is or else there is partiality which is forbidden for he that justifieth the wicked poor or rich or condemneth the righteous small or great are both alike abomination to the Lord Prov. 17.15 See in Job the character of a just Judge and his manner Job 29.14 15 16. I put on righteousness and it clothed me my judgement was as a robe and a diadem I was eyes to the blind and feet to the lame I was a father to the poor and the cause which I knew not I searched out And I brake the jaws of the wicked and plucked the spoil out of his teeth And again in that of Deut. 19.15 16. concerning the Judge how he must deal in a case of witnessing At the mouth of two witnesses or at the mouth of three shall the matter be established And the men between whom the controversie is shall stand before the Lord before the priests and the judges and the judges shall make inquisition and thine eye shall not pity but life shall go for life eye for eye hand for hand and foot for foot v. 21. So see your apportment and to what you are to heed Rom. 13.3 4. To be a terror to evil works and to encourage the good and they must not bear the sword of Magistracy in vain but distribute to every own his due as his works are found to be And thus you have some few of those many Directions which are given to Rulers up and down in the Word of God But would you consider a little the Reasons why Judges ought to be circumspect and inquisitive into to Causes for Trial and to be couragious in the impartial Sentence Besides the Reasons in the Text which prevail with all men fearing God there are some farther Considerations which may make you more circumspect about the matters you are to judge and the Sentence you are to pass 1. In respect of the Oath of God which you have taken your selves and it is you know to execute the Laws justly to the best of your skill Eccles 8.2 therefore must you use the best of your skill to finde out the truth and justness of the cause because of the Oath ye have taken Good men fear an oath 2. In respect of your Places and Office you are chosen out for this purpose 2 Chron. 9.8 as men of wisdom and skill yea men of integrity to do right to all and wrong to none You are taken as it were into Gods Throne and to supply the place and do Gods work with men Psal 82.6 and you are called petty-gods therefore must you do your utmost and be diligent to search out the truth for cursed is he that doth the work of the Lord negligently or deceitfully Jer. 48.10 Had you not need be circumspect then 3. In respect of the Causes that come before you to be determined justly they are many of them matters of high concernment some of them of life and death and matters of making or undoing of men as to their outwards And the truth lies deep and the points nice which are controverted Causes not unlike for obscurity to that brought before Solomon 1 King 8.22 about the living child laid claim unto by two mothers at once stifly pleading each their interest in the child but of right it belonged but to one of the two and if care and wisdom had not been used the right might have suffered wrong Now with you 't is much alike and