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A77843 Iudgements removed, where judgement is executed. Or A sermon preached to the Court Marshall in Lawrence Iury, London, the 5th of Septemb. 1644. Being the day of their solemn seeking of the Lord for his blessing upon their proceedings. By Anthony Burges, sometimes fellow of Emmanuell Colledge in Cambridge; now pastor of Sutton-Coldfeild in Warwickshire; a member of the Assembly. Burgess, Anthony, d. 1664. 1644 (1644) Wing B5649; Thomason E18_15; ESTC R210008 9,859 17

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they entered into the Senate How necessary is such a place for men before they come into Courts into Committees into any publique Judicatures where they may meet and lay downe all heart-burnings and private grudgings that the publique cause may be promoted Secondly Partialitie hinders Justice Justice is often compared to the Ballance now you know that the Ballance doth equally weigh gold and iron it makes no difference And so ought you to make no difference between poore and rich between high and low between friends and strangers you are to be like Melchisedec in this respect without father or mother or any private relations Thirdly Covetousnesse doth prejudice Justice Though your Martiall Court were a Paradise yet if this subtle Serpent creepe into it it will spoile all this is called the Root of all evill and the Judges were to be men hating Covetousnesse Fourthly Carnall or worldly Applause to doe what may please others You are not ambitiously to affect the glory either of severe men or of mercifull men but to have a Temperament of both like that justice of Gods which is tempered with much mercy Now that all these things may be done take some Theologicall Rules which will serve for your Information First Whatsoever punishment comes upon a man by your false judgement the guilt will returne upon your owne heads their bloud their death their losse will be your sin And on the other side the sinfull acquitting of any and the sad effects thereof will also be reckon'd upon your skore therefore take heed what you doe lest you bring a curse upon your selves and upon your posteritie also Secondly You are to know that punishments are of two kinds First There are such as are immediately commanded by the Law of God or are evidenced by the Law of Nature And here though it be seriously disputed among Divines Whether a Magistrate may remit that punishment which by Gods Law is prescribed yet that opinion seemes safest which doth wholly deny it and the reason is cogent Because that if the Magistrate should release the punishment which God hath commanded he should then remittere de alieno release anothers right which is Gods and that is altogether unlawfull Hence it is that our Divines doe justly condemne those Sanctuaries and Refuges in holy places as they call them for wilfull murther because here Gods Law doth strictly binde them up As also they condemne the practise of letting Malefactors loose at the time of Easter which was a custome of the Christian Emperours So that custome of the Jewes loosing a Malefactor though he were a murtherer is judged unlawfull by them But then in the second place There are punishments that are by a meere positive Law and in these much moderation may be used without any guilt upon the Kingdome For seeing humane Lawes are imperfect and men could not possibly foresee all causes and circumstances there is a greater latitude left to them therefore the Rule is Summum jus est summa injuria So that the punishments which are by positive Lawes must be interpreted according unto the affection and sense of the Law-giver or of other Lawes or the safetie and benefit of the Common-wealth Thirdly In all acts of Judgement especially those of death it is safer to incline to Clemency then to Severitie onely this Caution must be taken along That wherein there is an expresse command of God or evident profit of the Common-wealth there must be Severitie Sauls pittie in sparing Agag was crueltie to his own selfe and that can never be Clemency which is opposite to true Justice But yet where neither of those two is then we ought to incline to Moderation and Clemency Howsoever that man is much commended whose Tribunall was called Scopulus reorum the Rock where all guiltie persons were splitted yet Nero's speech hath greater praise who when he was to subscribe to the death of a man condemned would say Vtinam nescirem literas I wish I did not know how to write For there are these things that may move to Clemency First The Consideration of mans fraile nature how all sinne is contained in him and therefore Rom. 3. those words Their Feet are swift to shed bloud which are spoken by the Psalmist of those enemies of the Church are applyed by the Apostle to every particular man by nature Secondly The Corrigibilitie and relenting of the Offender may much procure Clemency It is true indeed that herein Spirituall Punishments differ from Civill In spirituall if the partie repent they ought not to inslict them but in Civill the Magistrate he doth it howsoever because he looks at the good of the Common-wealth yet where men are not straighten'd by the command of God if they doe see Corrigibilitie in persons offending they have the greater libertie for their Clemency And upon this ground it was that Austin did intercede to the Civill Magistrate for offenders Intercedimus etsi non pro secleratis scelerati tamen pro peccatoribus peccatores Thirdly There is a great difference between Principalls and those that are Accessaries between those that were the cause of the Streame and those that are carried away by it Lastly Mans Law useth to make a great difference between those that actually have wrought mischiefe to the Common-wealth and those that have been in the preparations and endeavours of it onely The fourth and last Rule is That in a judiciall processe though the Law may condemne a man yet a Judge ought not to goe against his owne Conscience if he have just grounds for the acquitting of the man condemned It is true all the Popish Casuists almost determine That he must proceed to Condemnation otherwise say they a doore will be left open to all Judges to pretend Conscience as they please and so no justice will be done therefore the Rule is Illud tantum Judex novit quod novit judicialiter That onely the Judge knowes which he knowes as a Judge But this cannot stand with the Scripture which requires that whatsoever wee doe should be done out of Faith that is a Conscience and perswasion of the thing to be lawfull And there are other remedies for a Judge in this case As to appeale to the Supreame or to delay and respite or to lay downe his Commission if he cannot help the innocent otherwise The Use of Exhortation from all this is to take these things seriously into your heart Defile not the Land with false Judgement as much as the Delinquents have defiled it by their offences Let no mans life nor no mans death witnesse against you and in all the Justice that you doe especially see that it be out of pure love to Justice and no other respects whatsoever Consider that of Jehu Hosea 1.4 God would avenge the bloud of Jezreel upon the house of Jehu yet the fact of Jehu in it selfe was Justice and God said Hee had done all that was right in his sight therefore God may be avenged on you even for that which is a righteous action if not done by you out of love to righteousnesse Consider why the Lord hath brought all those evills upon our Adversaries hath not injustice and guilt of bloud done it God forbid then that Partialitie or Friends should carry you into the same sinnes Remember that as you judge others so God will judge you and men also And consider that when wee stand up to execute the judgements of the Lord the Lord may cease from bringing any further judgements upon us FINIS