meditation is the argument of that heauenly hymne compiled by Dauid for his son Salomons vse or by Salomon himself Psal 127. instructed of God with deep wisdom-politicall for his owne v. 1. Except the Lord build the house they labour in vaine that build it except the Lord keep the Citie the watchman waketh but in vaine It is in vaine for you to rise vp early to sit vp late to eat the bread of sorrowes for so he giueth his beloued sleepe The building of the house the watching of the Citie early vp-rising and late downe-sitting assiduous labour and carking care are all in vaine vnles God assist and giue a blessing And so doth Gregory Nazianzene most elegantly paranomaze the summe and substance of that diuine Psalme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which memorable Distick I thus in homely English expresse If God giue good successe enuie can not preuaile If God denie successe labour can naught auaile If God from heauen shall blesse and prosper what force or fraud below can crosse or controll But if God from heauen shall crosse and curse what power or wit of man shall not proue vaine and frustrate The fencing of Kingdomes and safe-guarding of Countries with wholsome lawes and politicall constitutions with Armies and Nauies with trenches bulwarks with leagues and alliances yea with infinite heapes of gold and siluer which Dionysius esteemed the adamantine bonds of Empires is all in vaine Adamantina vincula imperiorum vnlesse God assist and giue a blessing Most deliberate counsels and best designed attempts faile of good successe for want of Gods blessing to rebuke the pride of mans presuming weaknesse And weaker meanes vsed in want of stronger through diuine assistance work wonderfull effects to correct mans diffidence and to worke dependance on God according to those precepts and promises Psal 37. v. 3. Trust in the Lord and doe good so shalt thou dwell in the land and verily thou shalt be fed v. 4. Delight thy selfe also in the Lord and he shall giue thee the desires of thine heart Commit thy way vnto the Lord v. 5. trust also in him and he shall bring it to passe And according to that most memorable practise we know not what to doe but our eyes are vpon thee And that the flourishing state of Common-wealths springs out rather from the blessing of Gods diuine prouidence then from the best fore-cast of humane prudence History the witnes of times and light of truth doth plainly testifie To which also Heathens doe giue their suffrages from the dim sight of humane obseruation Vbi non Deus sed mortalis aliquis prae st ibi malorum nulluÌ„ est effugium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. Dei ope auxilio multò magis Râ—mpubl Remanam quam ratione hominum consilio gubernari Cic. pro Rabitio For so Plato professeth of Common-weales in common Where not God but some mortall man is president there 's no auoydall of any euill And Cicero of the Romane state in speciall The Romane state was prosperously gouerned much rather by the aide and helpe of God than by mans reason and counsell humane And in a word that nothing can be well done and happily succeede in Citie or familie Church or Common-wealth without the good will and good worke of God Ephes 1.11 who worketh all things after the counsell of his own will S. Paul doth intimate when he earnestly exhorts That first of all supplications 1 Tim 2. v. 1. v. 2. prayers intercessions and giuing of thanks be made for all conditions of men for Kings and for all that are in authoritie that through Gods good blessing on their good indeuours we their subiects in our inferior condition may lead a quiet and a peaceable life in all godlinesse and honestie The summe of all in short is this Kings as supreme and other gouernors as sent by God and them 1 Pet. 2.13 14. doe receiue their high places and princely graces their function and execution vocation and dispensation authoritie and abilitie and all happy successe and good fruit in gouernment for the weale and welfare of themselues and theirs from that all-wise and all-ruling Monarch great Counsellor and Law-giuer the essentiall wisdome the son of God Isal 9.6 Jam 4.12 who with the Father and Holy Spirit one true God is the blessed and onely Potentate the King of Kings and Lord of Lords 1 Tim 6.15 the King eternall immortal invisible and only wise 1 Tim. 1.17 to whom from them all in all their designes is to be giuen as the maine end of their gouernment all honor and glory for euer and euer Amen Now Right Honorable Lord and Reuerend Sages most wise and worthy interpreters of Law and Dispensers of Iustice great Guardians vnder God and King of Church and Common-wealth as I freely acknowledge to the glory of God and honour of the King for which I blesse God on the knees of my heart that God hath blessed this Land with many true Worthies on Benches in Courts of equitie and iustice bright-shining stars restlesse in motion in their orbe of gouernment so I most humbly beseech you to giue leaue to me your seruant in the Lord without your censure from sincere affection and dutifull respect to your persons to put you in minde of that which you know right well being so well furnished with wisdome humane and diuine and I am well assured on my small obseruation and short experience you endenour to practise through the spirit of grace inspiring and inabling you for discharge of that trust reposed in you in your publike imployments in this body politique by our gracious GOD and our religious KING The thing is this Sith the God of heauen and earth is the first mouer in his supreme orbe of gouernment all you his secondarie mouers in this your orbe of gouernment in this heauen of our politie ought to moue after the will and ordination of God and not as in that other Heauen by any rapt motion from your priuate affection nor yet irregular from inordinate passion nor by that of trepidation for feare of mortall man You must in your motion run the same course or vse the same end with God himselfe namely the glory of God in our good of Church and Common-wealth which as the lower earth are preserued and cherished with heauenly influence through your well-ordered and well-ordering motion And such subordination will surely cause an heauenly harmony and heart-pleasing consent in a circular reuolution thus God is the ordeyner of our King the King the image of God the Law the worke of the King Iudges interpreters of our Law Magistrates with them dispensers Iustice our fruit of Law dispensed this fruit of iustice the good of the people the good of the people the honour of our King this honour of our King the glory of God the ordeiner orderer and blesser of all And so in
Christ The law of workes called the morall law is grounded on nature and may be called Lex timoris the law of feare because through our impotencie it doth terrifie and affright vs. The law of Faith which is the Gospell is grounded on Gods grace and may be called Lex amoris the law of Loue for God so loued vs Ioâ— 3.16 that he gaue his Sonne for vs and it effectually worketh the loue of God in vs and reftoreth vs againe to blessednesse with God Man doth againe recouer this blessednes with God while he is driuen from himselfe and his sinnes by the fearefull threats of the law morall and is allured vnto Christ by the sweet promises of the Gospell this law of Faith and is daily renewed by the spirit of grace vnto conformitie to the law of works which still remaineth as a Rule of good life requiring obedience of faith Aug lib. 3. ad Bonifacium c. 4. contra Faustum Manich. in way of thankfulnes till Gods glorious image be againe repaired in vs and that eternitie of glory be conferred vpon vs. In the meane time for the space of this life many disorders and misdemeanors remaine still in the world For the greater part of men will not be reformed the better part are but in part sanctified These sin of weaknesse those of wilfulnesse both haue neede of all good helps for reformation to good or restraint from euill Wherevpon God hath in wisdom ordeined Humane Lawes and hath appointed Kings Custedes vindâ—ces vtriusque Tabulae Dâ—ut 17. Esa 49.23 Princes and Magistrates to be keepers of both the Tables of the Morall Law Nursing-fathers and Nursing-mothers vnto his militant Church and constant Defenders of the Christian Faith And all their good Lawes both Ecclesiasticall and Ciuill are backs and props vnto Gods holy Law and in their due and faithfull execution effectuall meanes to procure the obseruation thereof And in a word of all good Lawes whether written or vnwritten there is a twofold end or scope as namely they do respect and ayme at either piety and godlinesse from man to God that a blessed communion may be maintained betweene man and God or equitie iustice from man to man that a comfortable communion and sweet societie may be preserued betweene man and man And surely these humane lawes of Kings Rulers being wisely enacted and duely executed by Iudges and Magistrates competent and faithfull in the execution of their function are soueraigne helps for the cure of vice by inflicting punishment on malefactors and to allure to virtue by conferring rewards and defending of well-doers and to right euery man in his righteous cause that euery man may enioy his own That so we may lead a quiet and a peaceable life 1 Tim. 2.2 in all godlinesse and honestie And to this purpose are we to pray to God for them v. 1. and for this end are they designed to this function by God Rom. 13.1 4 and for the better discharge of their office and dutie they receiue a charge from God and the King And so to descend to our present purpose and to apply my self wholy to time and occasion these words of this Scripture doe commend to our view a speciall Charge giuen by GOD and the KING to Iudges and Magistrates for execution of iustice This Charge I say first is giuen of God for Moses was an holy Prophet of God and spake nothing but from the mouth of God or by inspiration of the Spirit of God and therefore this is the Charge of God Secondly Act 7.35 Bertram de politia Iudaica cap. 5 â—â—utr I call it the Charge of the King for Moses was Prince and chiefe Ruler of Gods people his authoritie was Regall his power Soueraigne not differing in nature but in name from that of a King In this Charge we may consider 1. The giuing of the Charge And I charged your Iudges at that time saying 2. The Charge giuen Heare the causes betweene your brethren c. In the giuing of the Charge we may obserue 1. The person that gaue it Moses I charged 2. The persons to whom it was giuen the Iudges your Iudges 3. The thing giuen for nature a Charge I charged 4. The time when it was giuen at that time namely of their election and designation to their function And I charged your Iudges at that time saying In the Charge giuen we may obserue 1. Instructions or iniunctions giuen to the Iudges which are two First to heare causes deliberately Heare the causes Secondly to iudge righteously and iudge righteously 2. The parties betweene whom they must heare and iudge propounded first in relation to the Iudges your brethren secondly in relation among themselues betweene euery man and his brother that is of the same Nation of the same Religion neither only so but as the meaning is more plainly opened betweene euery man and the stranger that is with him A stranger for kindred Nation or Religion is yet a brother for common nature and humane condition and therfore must haue right done to him as being a brother 3. Admonitions or cautions against pestilent impediments which are frequent enemies to equitie and iustice and they are two First Acceptation of persons on sinister respects Yee shall not respect persons in iudgment but you shall heare the small aswell as the great Secondly Feare of mens greatnesse who will be offended at iustice You shall not be afraid of the face of man 4. Reasons to inforce the performance of the iniunctions and obseruation of the cautions 1. for the iudgement is Gods 2. The charge is from God as in the first words I charged As if he should haue said God hath charged you to do right God will maintaine you in doing right therefore heare deliberately iudge righteously accept no mans person feare no mans face but do right to the small as well as the great to the stranger as well as the brother 5. A case of reseruation of iudgement in causes too difficult by consultation or appeale to the chiefest Iudge And the cause that is too hard for you bring vnto mee and I will heare it And this I take to be the intent and substance of this Charge of God and the King giuen by Moses directly to the Iudges of Israel but in them to all other Iudges and Magistrates yea all other officers all ministers and instruments of iustice for the hand of Iustice hath many fingers as Counsellors Pleaders Aduocates Sollicitors Shiriffes Iurors witnesses and the rest And it doth meerely concerne both God and King Church and Common-weale and euery state and person in them both and affords fit matter for this present occasion and profitable direction for all such purposes In speaking whereof that I may say something of euery thing I must be short in all And in all and euery thing I do most humbly craue Gods powerfull direction that I may be able to speake your fauourable attention that
this regular and circular revolution all motion begins in God and ends in God for mans felicitie and Gods glory infinitely and eternally Great you see is your honour as great is your charge A double charge from God Deut. 17. v. 18 19 20. from King God chargeth the King God and King whose Ministers and sword-bearers you are haue charged you Rom. 13.4 Your office then of Magistracie as ours of Ministery is not so much nomen honoris as oneris Aug de Ciuit. Dei l. 19. c. 19. Your desire must therefore be not so much praeesse as prodesse to beare rule as to profit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luc 21.25 to be benefactors for the good of men that is your end who are publique Patrons oracles of your Country Hauens and Refuges to poore distressed ones Your symbole must be that of Alphonsus Alphons Neapolitan Rex The Pelican with her own bill picking and drawing bloud out of her owne breast with this inscription Pro lege pro grege Magistraâ—us virio ostendit Arist ex Biante Herein will Magistracie shew your manhood Lastly where as these matters of iudgment are disposed and dispensed not by your selues alone but by many other inferior organs and instruments who need due inspection and daily information 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as interpreters of Law instruct them as Moderators of Iustice direct them as charged your selues of God and King to doe iustice lay great charge on them yea as armed with power coactiue by vertue thereof as far as shall be lawfull and needfull as Guardians of equitie vrge them to doe what God and King law and conscience equitie and honestie exact at their hands that this chaste Virgin Iustice be not by them deslowred Hesiod that conscience of crime in vnrighteous dealing may not inwardly Hieron epist. wound their consciences at home nor their name and familie outwardly besmeared with iust reproch and ignominie abroad But that good right be maintained good conscience discharged good name preserued that God may be honoured 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods people benefited the Common-wealth cherished the Church inlarged our communion with God and society with men may become most comfortable happy and blessed while iudgment and iustice are equally dispensed of all manner persons vnder God and King as from God by God and for God as is more largely declared in this insuing Treatise which being heretofore once vttered by me and now drawne into publique by effectuall perswasion of others I now make bold to present to your Honours and Worships because it concernes you all though for manner not so worthy as I well could wish your learned wisdomes view and approbation Well hoping that in your priuacie and retirednesse from your weighty imployments you will please to peruse it couering what faults and slips you espie therein with your robes of loue and Christian Charitie 1 Pet 4.8 not looking at my want of discharge of my dutie which I ingenuously acknowledge and sue for pardon thereof at the hands of God and you but at the better discharge of your owne whereto this my poore labour as a weake meane would further For so you stand charged of God and the King Take heede therefore what yee doe 2 Chron 19.6 for yee iudge not for man but for the Lord. And the Lord be with you in the iudgment Amen Your Honors and Worships in all dutie to be commanded William Pemberton The Charge of GOD and the KING DEVTER 1.16 17. 16. And I charged your Iudges at that time saying Heare the causes betweene your brethren and iudge righteously betweene euery man and his brother and the stranger that is with him 17. Yee shall not respect persons in iudgment but you shall heare the small aswell as the great you shall not be afraid of the face of man for the iudgment is Gods and the cause that is too hard for you bring it vnto me and I will heare it AL the counsels and works of God the most mighty Creator most wise disposer of all things doe proceede from the good pleasure of Gods will Ephes 1 12. which is the cause of all causes and tend to the glory of his name Voluntas Dei omnium quae sunt ipsa est causa Aug deâ—en contra Manich l. 1. c. 2. Prou 16.14 which is the end of all ends And that in the manifestation of his mercy in the gracious saluation and happines of some and of his iustice in the deserued condemnation and misery of others And this our naturall and temporary life which we liue on earth is in the counsell and decree of God a praeparation and degree to a better life And in the elect to omit the rest to a life spirituall and supernaturall begun on earth in this time of grace and continued in Heauen in that eternitie of glory This life well led in faith and obedience doth highly aduance vs to felicitie and happines This life ill led in infidelitie and sin doth deeply depresse vs into miserie and wretchednesse The entrance of Lawes Now that man on earth might liue well God did giue him a Rule to liue by This Rule is the Law of God the rule of piety the square of equitie first instamped in mans nature in his created innocencie AntequaÌ„ scripta fuit in hominum legthus in mentibus vigebat Ambrâ—â— lib. 4. de Abra hamo Patriare cap. 4. Eph 4.24 In libro aduersus Iudaeâ—s For what was that Image of God in man consisting of righteousnesse holinesse and trueth but Lex primordialis a primordiall Law as Tertullian speakes exactly requiring and absolutely inabling the performance of duties of piety to God and of equitie to man both in habite and act and that in sinceritie and perfection of them both And what was the Morall Law proclaimed on Mount Sinah Exod. 20. after that man had defaced Gods image by transgressing his command but this primordiall Law renewed and repeated as an absolute and eternall rule and square of piety to God Exod. 31.18 and equitie to man which God with his owne finger did ingraue in two Tables of stone and gaue vnto Moses for the vse of his Church This Morall Law requires obseruation according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or exact perfection thereof but it giues no abilitie to performe obedience It sheweth what man now ought to doe what once he could haue done but not what he now can do nor what it will inable him to do but accuseth and accurseth euery man as guilty of sinne for the least transgression of it Whereupon God in mercy to releeue mans misery to this law of works giuen in Sinah Exod. 20. did adde another Law as the Apostle stiles it the Law of Faith Rom. 3.27 Isâ—â— 2.3 Mich. 4.2 giuen in Sion which promiseth life and blessednesse to all that beleeue in
Ieremiah the Prophet whom the Priests and Prophets apprehended and conuented before the Iudges and accused capitally as worthie of death for denouncing Gods iudgements against Iuda at Gods command Ieremiahs defence was accordingly heard he acquitted by the Princes and Iudges Ioh. 18.29 Pilate thus farre demeaned himselfe well in the case of our Sauiour while hee would not giue credite to the high-Priests accusation but would heare the poore defendant as well as these plaintifes though men of chief place and authoritie amongst them Nicodemus did reason like a worthie Iudge and prudent Magistrate Doth our Law condemne any man before it heare him Ioh. 7.51 and know what hee doth But the rest his vniust and vnequall Brethren did take him vppe very sharpely for it and resolued to condemne Christ absent and vnheard in his iust defence whereas the most grosse and most vile malefactor ought first to be conuicted by two witnesses at the least Deutr. 19.15 before sentence of iudgement be passed against him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ante meridiâ—m causam conscito cum perorarint ambo praesentes 12. Tab. Hee that answereth a matter before it be heard it is folly and shame vnto him saith the Wiseman Prou. 18.13 It was the equitie of the Iudges by the law of the Athenians Ne visum nec auditum hominem damnare nefas vltiâ—um censetur Ammon Marcel Nulla maior iniuria quam indictâ causâ aliquem iudicare to hear both parties alike And an Iniunction set downe in the 12. Tables at auncient Rome Before mid-day take notice of the cause when both the persons in presence haue pleaded And it was alwaies accounted a most haynous offence Lucianus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato in Demodico ex Poeta to sentence or condemne men their causes not first heard And prudent prouision is made by all good lawes that iudgement bee not giuen before the cause bee heard 2. Discussing Iudicantem oportet cuncta rimari et ordinem rerum pleÌ„na inquisitione decurrere quousque ad veritatem perueniatur E lentherius As there must be a simple equall hearing of both the parties so must there be an accurate examination and exquisite discussing of the cause This is the law of God Deutr. 13. ver 12.13 That if the Iudge haue heard of an abhomination done as the seducing of Gods people he must inquire make search ask and that diligently great is the emphasis and weight of the words and if it bee found certainely true then must hee punish Deutr. 17.4.5.6 Ioshuah 7.22 1. Sam. 14.43 Ionah 1.8.10 Ioshuah would not condemne Achan vpon Gods Lot and his owne confession vntill hee found by search his confession to be true Not Saul Ionathan nor the Mariners Ionah taken by lot vntill examination and hearing of their answer and defence Ioh. 7. and Nicodemus doth take it an expresse poynt in Gods Law That a man ought not to be coÌ„demned vpon bare hearing no not till it bee knowne what hee hath done Thus did righteous Iob in his legall processe The cause that I knew not I searched out Iob. 29.16 And thus farre did Pilate well in the cause of Christ Act. 25.27 Act. 24 22.27 Ioh. 18.30 And Festus the President of Caesaria and Foelix his Predecessor in the case of St. Paul And Salomons wisedome was experienced and admired in that first case of the two harlots who contended for the child 1 King 3. when after strict examination through a wise inuention and semblance of diuiding the quicke childe he did extort a confession from the true mother by strange commotion of her naturall affection And God himselfe doth often inculcate this as the dutie of the Iudge The Iudges shall make diligent inquisition Deutr. 29.18 and for this cause they had neede both to haue and vse those excellent parts of wisdome and vnderstanding which God requireth of them and bestoweth vpon them Deutr. 1.13 How needfull and helpfull in iudiciall processe is the exquisite and accurate discussing of the cause it may appeare by this that the more exactly the cause is discerned and knowne the more iust sentence may thereof be giuen as Great Demosthenes did well obserue Wherefore there are required as you know right well in a Iudge or Magistrate in hearing of causes that they may be equally heard and exquisitely discussed Things to be obserued in hearing of causes sundry things to be obserued and practised Serious attention to the matter in hand that no materiall proofe or important reason tending to euince the equitie of the cause through heedles neglect be omitted or let passe without obseruation and notice taken thereof For as one well learned and experienced saith well In eo sape quod aures praetervectum est status causae versatur Joan. Bodin de repub In that oft-times which passeth by the eare doth the state of the cause consist Wise moderation and ordering of the processe that impertinent digressions odious invectiues and calumnious imputations among pleaders or witnesses vsed to prejudice the contrary person or cause be seasonably interrupted and sharply rejected and that neither party be hindred by his aduersaries rash interruptions and caused to omit or conceale what may make for his purpose and to cleare the equitie of his iust and equall cause It is the part of the Pleader or Aduocate Arist lib. Rhet. onely to declare whether the thing be so or not so done or not done whether iust or vniust the Iudge himselfe must know And here I desire the learned and experienced Moderators of iustice to consider whether for the most part the wrong-doer be not the more peeuish and clamorous and best armed with Pleaders and Aduocates against the innocent There must be invincible patience and vnweariable forbearance of the slownesse of speach dulnesse of conceit rudenesse of behauiour and other infirmities and weaknesses of many the meaner and inferior sort whose testimonies for others or defences for themselues in iudiciall processe are of necessitie required Such wants and defects must be passed by with charitable forbearance and compassionate respect All vnquiet affections and inordinate passions of hatred loue enuie an ger rash zeale or the like must be quite put off and wholy laid aside Desire and anger are ill Counsellors worse Iudges Consultores sunt pâ—ssimi cupido ira Salust Amor turbat constia Hieron Loue troubleth counsels Enuie neuer speakes well that is iustly saith our common Prouerbe Yea all inordinate affections blind the eyes and preiudice iudgement and therefore all dealers in iudgement especially the chiefe swayers must speake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without affections It was the oath of the Heathen Iudges as the Orator doth report Audiam accusatoreÌ„ râ—um fine affectibus personarum râ—spectione Demosth I will heare the plaintiffe and defendant with an equall mind without affections and respect of persons Not
to insist particularly on more particulars there must be firmenesse of memory to recall such euidences as were of most moment on either behalfe and wisdome and knowledge and a kind of dexteritie in conferring and comparing cause with cause and reason with reason and iudgement and learned skill in the lawes both diuine humane to weigh the proofes in the ballance of iustice and to discerne and distinguish of iust and vniust that so the cause may be fitted for sentence else cannot the sentence proue iust and equall Isai 5.20 but good shall be called euill and euill good the wicked shall be absolued the innocent condemned For that of Augustine is certainly true Ignorantia Iudicis est calamitas innocentis Aug. de Ciuit. Dei l. cap. 29. The ignorance of the Iudge is the calamitie of the innocent It was the speach of a learned man Quis est qui nescit tam multa in boni iudicis officio posita esse vt seritissimos etiam ac diligentissimos fugiant very well seene and experienced in this kind Who knowes not that so many things are required in the office of a good Iudge that they easily escape the most skilfull and diligent And therefore in a word Vse I to conclude this point all the will and skill vse and exercise of heart and eare body and mind had neede to be imployed in hearing of causes that all the weight of right or wrong being put into the ballance of equitie and iustice it may be discerned by the vnderstanding Iudge which of the scales is of greater poise and weight But for want of these and such like obseruations in this first degree of iudiciall processe 2 Vse there was much iniustice and sin committed by Iudges and Magistrates in the case of a Gen. 39.14 Ioseph of b 2 SaÌ„ 16.13 Mephibosheth of c 1 King 21.13 Naboth of d Am s 7.10 Amos of e Mat. 26.59 60. Christ Iesus of f Act. 6.13 14. Stephan of g Theodor hist Eccles l 1. c. 29. Socrat. lib. 1. c. Athanasius and very many others as Histories do record and experience doth declare And thus much of the first degree of iudiciall processe of the hearing of iustice Now I proceede to the second degree which is the speaking of iustice and iudge righteously After the cause is discerningly heard The II. Degree To speake iustice then is iudgment to be iustly giuen and sentence to be equally pronounced 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not according to affection and fauour but according to iustice and truth according to the prescript of wholsome law which is the square of equitie the law I say of Man and the law of God For as the law of the King who is the Head of the Common-wealth is the life of this bodie Politike so is the law of God the soule of the law of the King and as the law of the king ought to be conformed to the law of God which is the right rule indeed of equitie and iustice so the sentence of the Iudge must be conformed to the law of God and the King that it may be an equall sentence For the Law is nothing else but a silent Magistrate and the Magistrate a speaking law or a speaker of law And a Iudge or Iustice is a speaker of iustice and iudico is ius dico Judex hine dictus quod ius populis dicat quod iure disceptet id est 〈◊〉 iudicet iudex in quo iusiâ—tia desâ—dâ—ratur esse nequeat Iudex Isidor And therefore a Iudge or Iustice in whom iustice is not is not a Iudge but by equiuocation It is the injunction of the law diuine Iudges and officers shalt thou make and they shall iudge the people with iust iudgement Thou shalt not wrest iudgment That which is altogether iust shalt thou follow Deutr. 6. v. 18 19 20. Worthy an Emperor was the profession of Iustinian which I would commend to your godly imitation Aequam me vtrique parti tam in disceptandis controuersiis quam in tuenda disciplinâ praebebo Nâ—utri parâ—i praeter 〈◊〉 sas adâ—â—ctê° ero quod si haec non oâ—serâ—auâ—ro onuâ—iâ—us incommodis ero expâ—situs tam hic quara in futuro seâ—ulo in borrè◠do indicio magni Domini Dei saluâ—toris nâ—stri Iesu Chrisii habeboque parteÌ„ cum Iuda lepram câ—m Huzziah trem reaâ— cum Cain AequuÌ„ me vtrique parti tam in disceptandis coÌ„trouersiis quam in tuenda disciplina praebebo c. I will shew my selfe equall to both parties as well in deciding of controuersies as in defending of discipline I will fauour neither part beyond law and right and if I shall not obserue these things I shall be exposed to all discommodities both here and in the world to come in that dreadfull iudgement of our great Lord God and our Sauiour Iesus Christ and I shall haue my portion with Iudas the leprosie with Huzziah and trembling with Cain O memorable sentence worthy to be ingrauen in the very heart of Iudges and Magistrates with the point of a Diamond yea with the finger of Gods spirit And so much of this Now we are come to the last degree of the dutie of a Iudge in iudiciall processe The 3 Degree To do iustice which is the doing of iustice or execution of iudgment pronounced After the cause is discerningly heard with the eare of iustice and the sentence equally pronounced with the mouth of iustice then must execution be exactly done by the hand of iustice both in rendring to euery man his right and also in freeing the innocent and punishing malefactors For vnlesse this exact execution do follow the former processe is altogether fruitlesse and tends to no profit or good effect But in matters of controuersie the partie oppressed stands still vnreleeued after all his cost and painefull trauaile And in matters of crime enormities and disorders remaine still vnreformed And in both both Church and Common-wealth stand fearefully surcharged with the guilt of many sinnes And often for want of due execution of iudgement by the sword of the Magistrate the sword of Gods wrath is vnsheathed against a Land especially for the releeuing of the helplesse oppressed and in reuenging of bloody and crying sins And thus much of the instructions and injunctions giuen to the Iudges and of the three degrees of iudiciall processe which are the three duties of a good and worthy Iudge Now followeth the second particular obserued in this Charge II. Point Parties betweene whom they must heare Iudge namely the parties whose causes are to be heard and iudged which are set out in relation First to the Iudges your brethren Secondly among themselues Betweene euery man and his brother that is as was said of the same Nation of the same Religion neither onely so but of the same nature And the stranger that is with him a stranger for kindred nation
the righteous and condemne the wicked Then that is maturely without needlesse delay Our Sauiour in the Parable doth note it as a marke of an vniust Iudge who is void of all feare of God Luc. 18. and regard of man that he deferred to doe iustice to the importunate widdow Iudges and Magistrates must in no wise bee like vnhappie Faelix Act. 24.27 who left Paul in bonds in hope of bribes but like vnto Festus his more equall Successor who hearing that Paul was kept bound at Cesaria promised to goe verie shortly thither and the very next day after his comming thither Act. 25.6 conuented him examined and handled his cause though he fayled in the processe of this businesse for feare of the Iewes This vniust delay of iudiciall processe hath beene an old and auncient corruption for reformation whereof sundry Decrees were made by those worthie Emperours Constantine Iustinian Gratian Valentinian and Theodosius against procrastination and dilatory courses in matters both of controuersie and crime In matters of Controuersie thus Iustinian doth define L. ProperanduÌ„ C. de iudicijs Iustin Imperat. Properandum nobis visum est ne lites penè fiant immortales et vitae hominum modum excedant In causes of controuersie it seemes good to vs that hast bee made least causes depending become immortall and exceed the measure of the life of man Causae pecuniarum et ciuiles omnes quocunque nomine veniant cuiuscunque sint quantitatis non vlterius quam ad triennij spacium extendi iubentur ibid. And what a great and grieuous both sin and shame is it especially in Christian common-wealths that the Sonne the aged Sonne should not liue long enough to see an end of the tedious suits of his intangled Father who trode a maze in his endlesse prosecution of Law for the relieuing of his still vnrighted wrongs In matters of Crime so saide the auncient Lawes Sic C. L. 1. de custodia reorum Constantinus impâ—edicit statim debet quaestio fieri vt noxius puniatur innocens absoluatur Arraignements ought speedily to be made that the guilty may bee punished the innocent absolued and againe De his quos tenet carcer inclusos aperta definitione sancimus vt aut conuictos velox poena subducat aut liberandos custodiadiuturna non maceret Imp. p. p. p. Gratian Valentia Theodosius decernunt Concerning those who are in prison we doe by expresse definition enact that eyther speedy punishment shall make away the guiltie or continuall imprisonment shall not wast the innocent Our Lawes no doubt for decision of controuersies are both as perfect and expresse as these and therefore is it not a fowle offence and a fearefull sinne in any Iudges or Lawyers or other ministers of iustice to set to sale their heads and tongues their wits and words their places and functions for the warping and weauing on of the webbe of controuersies protracting of causes through needlesse delay for priuate respect of gayne fauour or enuy without due regard to common equitie or publique tranquillitie or weale and welfare of Church and Common-weale Reasons against vniust delay of iudgment In this case it s too true Delaye breedes danger daunger of Vndoing to the partie oppressed danger of presuming to the person oppressing danger of hurt to the party procuring delay and danger of ruine to Church and Common-weale It grieues the heart Reas 1. excruciates the soule of the partie oppressed to beare such a cruell and detestable iniury when vnder plausible pretence of Law iudgement and iustice hee is not onely delayed from his right and spends himselfe in prosecuting for it but withall incurres suspicion of one wicked and vniust as if hee himselfe were the doer of the wrong He that shall thus oppresse the iust in his righteous cause doth touch the apple of Gods owne eye which is a fearefull and dangerous sinne and prouoketh the Lord to reuenge the oppressed Griefe constraineth the iust 2 who finde no releefe by iust order of law to take vniust and vnlawfull courses as calumnies quarrels contentions and brawles to releeue and remedie their vnrighted wrongs and sometimes through impotencie of humane affections especially in women more conquerable of passions poysonings and murthers of their oppressing aduersaries and so with danger of their lands and goods they indanger the losse both of bodies and soules and shall not the vnjust occasioner of such euils communicate in the sinne and partake in the miserie Hereby is a wide flood gate opened and inlarged whereby hatred 3 contentions and capitall enmities are propagated and diffused by partners and kindred ouer whole families villages Cities Countries and Kingdomes which administer matter for mutinies and slaughters For the contentions of the proud are shedding of blood Sirach 27.16 and their scouldings are greeuous to heare And is not hence danger of ruine to the State And who is the cause of all this mischiefe but hinderers and peruerters of equitie and instice Or if such outward mischiefe do not hence ensue 4 yet hereby is Gods worship and exercises of religion as by an euill spirit and hellish furie of discord disturbed and poysoned while mens minds are distracted and exasperated with continued lawings and dissentions so that they can neither heare the word with attention and profit nor pray priuately or publikely with deuotion or zeale nor receiue the Sacraments with any quiet or comfort And shall not the vnjust hinderers of iudiciall processe from finall deciding of actions and controuersies stand guilty before the Tribunall of God as disturbers of diuine worship and breakers of spirituall peace Hereby is iustice it selfe profanely abused 5 and God himselfe the God of iustice and prescriber of equity most impiously contemned monstrously dishonoured as if he himselfe were vnequall or vnjust For when his Delegates and Deputies do peruert judgment they make God himselfe asmuch as in them lies to become author and approuer of their detestable impietie All Indges Counsellors 6 Attourneyes Sollicitors Sheriffes Iurors or witnesses or other ministers of iustice who by corrupt abuse of Gods sacred ordinance of iustice open a flood-gate or window to such enormities and euils shall themselues be convented vnlesse they repent before the most dreadfull Tribunall of God there to be convicted and sentenced for their fearfull offences All innocent persons who haue bin oppressed 7 yet by piety restrained from vnjust reuenge and preserued by Gods grace from vnlawfull remedies shall yet in priuate put vp their complaints with sighes and groanes to the Iudge of Heauen who as their kind patrone and powerfull protector shall take vengeance and punishment on such malefactors as haue not releeued but vnjustly oppressed and that vnder pretence of law such helplesse ones in their distresses and miseries The soune of Syrach in his Ecclesiasticus though it be not Canonicall describes this very well Ecclesiast 35. saying v.