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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
res sacra it is a holy thing saith the Civilian hence the Lawyers were sometimes called Sacerdotes because it is a kind of a holy thing to judge and pronounce sentence you are to look higher then to men even unto God himself The Romans are much commended for their Justice yet their actions were but splendida peccata refined sins Aristides the just was but a Glow-worm and severe Cato but a Blazing-star Vincit amor patriae laudumque immensa cupido the praise of men overcame them you must not walke by this rule This man must be condemned the people will have it so and the City will have it so but will the Lord have it so 4. Deliberately and advisedly howsoever it be questioned whether a Magistrate may release the punishments of sins yet that he may delay all agree Truth is the daughter of Time Alius dies de alio judicat de omnibus supremus one day judges of another and the last of all an act of Justice ought to flow from mature deliberation and advised attendency It is said of Lewis King of France that when hee had through inadvertency granted an unjust thing as soon as hee read that verse in this Psalme Blessed is hee that doth righteously at all times presently recalled himself especially there ought to be deliberation when it is above the life or death of men When Theodosius had rashly killed many in a City which did much trouble him afterwards it was ordered that thirty dayes should intervene between the sentence and execution Potest dilata poena exigi exacta revocari non potest deferred punishment may be executed when we will but if once executed it cannot be recalled 5. With much godly pity and compassion A Butcher they say may not be of the Jury much lesse may hee be a Judge and certainly there is just cause of great relenting whether we consider our selves or others our selves who are of the same mould and subject to the same temptations as others though wee may delight in Justice yet to do it as it is the evill and griefe of another so to be glad of it this is very sinfull and though you may have much Religion and Piety in your breasts yet sowrenesse and severity doth much discourage how did Joshua speak to Achan My sonne give glory to God where there is Justice within and nothing but austerity without it is like those houses where they say treasures of Gold are but the place is so haunted with spirits that none dare come neer though there be Piety and Justice yet Passion and Frowardnesse hinder others from being made partakers of it It is remarkable of David that when the news of Sauls death was brought he rejoyced not at all though it was greatly to his outward advantage but wept and bewailed him 6. With sure Knowledge and Vnderstanding it is observed of all Gen. 18. as a pattern in judgement I will descend and see if it be so so Job 29. If I did not search out the cause that was too hard for mee the Judges had an Image with a Jewell upon it that was called Truth and a multitude of bookes lying by to shew the Knowledge of the Judge and this made Solomon so pray for Wisdome In matters of life and death proofs ought to be full therefore Moses ordered that if there fell out matters too hard for inferiour Courts they should go to the higher you are to give physick to the Common-wealth and Ignorance may indanger the whole besides Knowledge is not enough but Prudence is requisite which is Rectaratio agibilium the right way of ordering things the Physician hath not Knowledge enough when it is Theoreticall but it must also be Practicall therefore know what you do for there is nothing that you judge but God will judge yea the world will judge it over and over again 7. With Courage and Boldnesse Much opposition and hatred will alwayes be in the way of justice but the Rule is Fiat justitia ruat mundus Let justice be done though the world be ruin'd and that is a true saying Odia qui nimium timet regnare nescit He that feares the hatred of men too much knows not how to governe You will find that to resist Friends and to overlook Enemies in this your worke will be difficult To have friends intreating and to have Enemies reviling will be a great temptation Magistracy is called Cos hominis the Whet-stone of a man it is not onely a Touch-stone to try what a man is but a Whet-stone also to quicken him in that worke Saul when he was called to the government had another spirit and doe you pray That as the worke you have is other worke then you have had so your spirit also may be otherwise Especially harden your selves against worldly feares It is noted by some Expositors that Moses when he had killed the Aegyptian he looked up and downe as being afraid which they say was his weaknesse and corruption Let that be true of you which was said of Chrysostome That he feared nothing but sinne 8. With much Patience See what a world of Censures you must lie under some will say you are too severe some you are too mercifull some that you doe nothing some that you doe too much and how much patience must here be And there is nothing more unstable then the people who as they are earnest for justice so when it is done doe relent and pittie those that suffer as if wrong were done to them 9. With much Fervor and Zeale This is the cause of Courage Adami voluntas non habuit fortitudinem quia non habuit fervorem It was Bernards saying Adams will had not strength to endure because it had not fervency and zeale The righteous are compared to Palme trees now they love hot Regions and so doth Justice a zealous heart And terrible is that instance of Eli he did something yet because he was not zealous and fervent how was he punished by the Lord Every Sacrifice was to have fire and let your hearts also burne with fire for the glory of God and the good of the Common-wealth Lastly This Zeale must be pure as an act of Justice and out of Love too or it may be thy murther while it is Justice hence Numb 25. Phinehas his zeale is called the Lords zeale the fire it must be pure Elementary not Culinary or basely feeding upon carnall respects Among the Thebans the Images of their Judges were without hands and blinde that so no bribing nor compassion might divert them from Justice And these are the Things which hinder pure Justice First Malice and Revengefull thoughts Anger and Envy are present Pests to all Courts and Governments It was a good speech of Alphonsus That if he had lived in those times when the Roman Common-wealth was almost consumed with mutuall jarres he would have built a Temple Jovi positorio wherein men should have deposited and laine downe all heart-burnings before