did that which was right in his own eyes Chap. 18. 1. and 19. 1. repeated upon the occasion of the abuse and murder of the Levites Concubine where the Holy Ghost does not meane such a King as Abimelecke or as the Gentiles had to breath life into the Lawes by his Royall assent for such a King the people of Israel never had nor owned in the Land of Canaan not a man that challenged a power unaccomptable to oppresse murder sweare plunder and commit all manner of wickednes without controle such a monster being fitter to carry garbidge to Beares then to live amongst Civill people but there was then no man zealous for Gods glory to fight for Israel and to judge them according to the Law of God therefore the Lord raised up Samuel a singular man for Iustice and mercie 1 Sam. 1. 28. Hanah his Mother lent him the Lord Chap. 3. The Word of the Lord was revealed unto him he dealt faithfully in telling Eli what the Lord commanded thereupon he was established to be a Prophet of the Lord vers 20. Chap. 7. He exhorteth to solemne Repentance then they make him a Iudge vers 6. being so he yet prayed and sacrificed and the Lord discomfited the Philistines by Thunder and Samuel judged Israel all his dayes and went Circuits carrying home Iustice to the peoples houses and built an Altar unto the Lord having ver 12. taken a stone and called the name of it Ebenezer saying hitherto hath the Lord helped us Iudges being to take speciall care that God may be purely worshipped and glorified and that Gods people may not forget the mercie of the Lord in destroying their Enemies Certainly Moses and Samuel were two of the best Iudges that ever were in the world and are to be as patternes and looking-glasses to all Magistrates so that as he is the best Christian that is most like unto Iesus Christ so he is the best Iudge that is most like unto Moses and Samuel Moses Exod. 18. 13. sat to Iudge the people who stood by him from the morning untill the evening he ended the businesse of the day with the day ver 16. sayes he I Iudge betweene one man and another and I make them know the Statutes of God and his Lawes if a Iudge can but teach people the Statutes of God and his Lawes his worke is in a good forwardnes and more then halfe done In that Samuel is commended for telling Eli the destruction of his house it argues that the best part of faithfulnes is to discover the abuses and errors in any profession as being best knowne unto them for the end of the professors and of every ones profession ought to be the same viz. the welfare of the body politique therefore whereas there are many Ieofailes rubs that lie in the Allies of Iustice that poore men are overborne in their righteous causes by full purses which the Reverend Iudges proceeding regularly as they find the course of the Court cannot remedie without the power of Parliament I have seriously thought that oppressions in Courts of Iustice have been spun by the late Courtiers with so fine a threed that few but those that daily meet with it in practise can see it and therefore unlesse it please God to move the hearts of the honorable Iudges in pure love to Iustice to propound fit remedies to the Parliament plaisters that may be large enough for the wound I meane an Act of Retranchement to cut off all unnecessary delayes and expences in matter of Iustice between man and man that poore men may have it for Gods sake the rich for reasonable consideration it will lye very remote from the understandings of many worthy publike spirited men what course to take therein without which all the warres have been but as purgings and vomitings the health of a State consisting in the equallity and harmony of Iustice and all Martiall Iustice is sanctified by the Civill Iustice as for example if one of the Reverend Iudges would make it his suite to the Parliament that a bargaine and sale might be as strong as a fine Recovery that a poore Farmer or Cottager might leave some small portions to his yonger Children without paying one or two yeares purchase for the charge of a fine and recovery what an ease might this be to men of small estates to passe them from one to another and to cut off Intailes by a deed in writing without so much solemnitie and expence if another would set forth the unprofitablenes of Outlawries which are to no purpose but to multiply expence And a third be earnest for an Act to plead the generall Issue in all Actions and at the Assises to insist wholly upon the merit of the Cause whether the money be due or not whether the Plaintiffe have right to the Land or not I am confident it would make sweet musicke in Parliament I do not intend to dispute the lawfulnes of Legall proceedures in point of conscience to them that Iudge them so but in point of comfort at the day of Iudgment let me humbly propound this to those that sit in the seat of Iustice whether it appearing to them that the defendant hath paid the money though it be after the day of payment limited in the Condition or that the money is payd upon a single Bill where payment by Law is no plea or that the Plaintiff in an Ejectment hath a cleere right to the Land but the lease Entry and Ejectment was not proved in due forme of Law or if a wilfull murder be committed and so found by the Iury but there is a word mistaken in the Indictment whereby the murderer escapes for that Assises and so the matter compounded or the prosecutor desists and the Plaintiff in the Ejectment must begin againe having lost his own charges and payd above five pound costs to the defendant who continues the wrong keeps the Lands unjustly from the plaintif the defendant that hath paid the money is forced to fly into Chancery for reliefe where the unjust Plaintiff at Law refuses to appeare or else demurrs because he hath a Iudgement at Law or the witnesses dead and so the poore defendant taken in execution and buried above ground in prison for ten pound where the principle debt was but five pound and that paid though not at the prefixt day and so proved to the Iury I say whether it would not be easier for thē to give an accompt of reforming such errors then otherwise but if by the Parliaments intention in altering the Iudges oathes enjoyning them onely to proceed according to Iustice the Iudge may not of himselfe moderate such like extremities then of what huge concernment must it needs be humbly and earnestly to sollicite for present remedies for what souldier can with comfort fight with a blunt sword it is a great joy to Physicians to cure their Patients but if any dye under their hands when they might by a little
have censured to be an inovation and precipitous Iustice indeed precipitancy is the Stepmother of Iustice and must as carefully be avoided as falling from a Rocke but that is to heare and determine before both parties are ready or had convenient time so to be otherwise when a Cause is ripe for sentence why should not the Court put in the Sickle a speedy tryall is the Plaintiffs joy and just Iudgement delayed may prove worse then an unrighteous sentence speedily pronounced Fourthly There is a great difference between the proceedings in England and the ancient course of this Court in point of payment of debts for debts are payd by instalment as the Defendants are able to pay them a most excellent and admirable composition of a Court for the case of poore Ireland stands thus the poore English who through Gods mercy saved their lives but lost their estates by the Rebells begin now blessed be God to returne to their possessions and the protected Irish make a hard shift to live paying great Contributions and many a poore man hath got a plough of five or six garrons as many cowes forty or fifty sheep all worth about fifty pound this poore man payes for horne and corne and begins to grow warme in his busines but comes an Action of debt like an armed man upon him for fifty or a hundred pound contracted before or for his necessarie subsistance during the Rebellion the Plaintiffe having been long out of his money is very stomack-full blame him not after so long fasting and prosecutes with all rigor Iudgement cannot be denyed him an execution against goods in other Courts Issues of Course and what followes the goods are sold at under rates at 25. or 30. l' for who will buy his neighbours goods so taken from him but will be sure of a good penny-worth and the fees and charges of the execution are so great that the debt if it were but 50. P. is not halfe payd and for the remainder the defendant is taken in execution where he starves to death and his wife and poore children beggs from doore to doore unlesse relieved by the parish but by the course of this Court the defendant comes in and prayes an Instalement and a Iury of indifferent and impartiall neighbours install the debt to be payd by severall gales and dayes of payment as in the Defendant shall be thought able and if the Iury who certainely are the proper Iudges in such cases for it may be their own cases the next day findes any fraude deceit or violence the Defendant is imprisoned as he well deserves by which meanes it is an observation to me very admirable though the people be extremely indigent there not being scarce a tenth part of the money here that is in England debts are I believe ten times better paid here then in England for of 5. or 600 l'debts that have been here sued for in some one Countie scarce know ten of them but are payd or secured whereas if the Reynes of the Law had beene let loose here as in other Courts in all probability there had never been ten debts of a hundred satisfieed for not one Defendant in twenty hath so much money by him and if either his person be restrained or his little flocke taken away his friends leave him and so miserie quickly findes him but give him time he works like a mole to keepe himselfe or his goods from Arrest one friend like one hand helps another he recovers some other debts due to him and in a short space becomes a noune substantive I could instance in many that had Actions against them of 2. or 3000 l' value it would pitie a man to see more load still layd on as if they would be prest to death yet by this way of Instalment the man having a breathing time agrees first with one then with another and in a short space growes into as good credit as any of his neighbours the contrary practize of not instaling debts as men are able to pay hath beene the ruine of many families that might have flourished to this day and by this meanes the Contribution to the Army is payd Agriculture increased with many families would all be quickly ruined if the Farmers should be unstocked by such executions The practise of this Court hath likewise formerly been very profitable and easie to the people in matter of Executorships and Administrations as to end ten or twenty suites upon one bill filed against an executor or administrator the creditors are all called and every mans part proportioned according to the conscionable demerit of the debt and not the whole estate swept away upon a dormant Iudgement to the defrauding of many poore Creditors with some other equitable practises too long for an Epistle As to the second censure that many preach uncalled or that have other businesse to doe wee know that untill there was a standing office of Priesthood Moses who was the chiefe Iudge of all Civill Controversies exercised the Priestly office Psal 99. 6. Moses and Aaron among his Priests and Samuel among them that call upon his name It was Moses that consecrated Aaron but we doe not read that he was consecrated himselfe Magistracie and Ministery are distinct bodyes but in the absence of a Minister every gifted man not onely may but ought to speake to the people as a good steward of the grace of God under penalty not onely to have the Talent taken from him which human prudence would thinke sufficient but the unprofitable servant is to be cast into utter darknes in which sense doeing all that we can I hope we are not unprofitable servants If such an objection should be regarded here wee had long since been Atheists without any face of Religton upon the Sabboth day and without any forme of godlines surely if in Law much more in Religion Necessity makes that not only lawfull but comendable which otherwise would not be so besides there are some that can give an account of their faith Latinaliter and so by the Statute of the 13. Eliz. cap. 12. may preach and so may any other by vertue of that Statute that hath a speciall gift and ability to be a Preacher but there is something of more particular concernement In suites depending betweene the English and Irish when Irish witnesses are produced the English object which indeed is one of the greatest difficulties I meet with that they make no Conscience of swearing upon our Bibles but will speake truth upon a Ladyes Psalter or by St. Patricke now they will not come to our Sermons to heare their grosse Idolatries and superstitious fopperies reproved but are very constant auditors in Courts of Iustice where some of us take occasion to informe them of the nature of Oathes and endeavor to convince them of the ridiculousnes of their bread God in their transubstantiation that they commit adultery with their Images and are so impudent in crossing their foreheads that they cannot
Iudgement is something more then science Be instructed ye Iudges of the earth but be consciencious for learning and a good Conscience are two of the bravest supports in the world because a man cannot be deprived of the first in this world nor of the other in the world to come and Iudges are so far to be skild in the Law of God that in all causes coming before them they are to warne the Clyents that they trespasse not against the Lord 2 Chron. 19. 10. If this learning should fall which I hope I shall never live to see then farewell to Ministers and after that no more Magistrates Secondly Prudence 10 answer all objections and cavillations that will be brought to put life into a dead Cause for in most great suites the parties Litigant commonly thinke that they are both in the right and if the matter be heard by no wiser men then themselves how shall he that is in the wrong ever come to see his Error and this Prudence in a Iudge consists principally in giving satisfaction to the hearers that the sentence is Iust and if possible to satisfy him against whom Iudgement is given that he hath no wrong done him Thirdly Iustice which must respect the cause and not the person Iudges were pictured blind and the Areopagites gave sentence in the dark Thou shalt not pitie the poore in Iudgement though it be plausible and naturall for tender hearted men especially so to doe yet God abhorrs it Fourthly There is required Mercy after Iudgement the poore mans condition is to be considered for if Iustice be wound up a peg too high in the Execution of it it breaks Summa Iusticia is the degeneration of it But by this learning I am far from understanding any Craft or Artificiall subtillities in taking legall exceptions for the quashing of Inditements and thereby to save a witch or a murderer from the Gallowes or to arest the Iudgement when the money is conscionably due to the Plaintiffe this is none of that wisedom which Solomon desired I Kings 3. 9. which is requisite in a Iudge it is a wise and understanding heart to discerne Iudgement betweene good and bad truth and falshood a righteous and just cause from that which onely is so in appearance the simplicity of the Dove in doeing wrong to no man and the wisedom of the Serpent to see that by subtillitie in pleadings unnecessary delayes captious interpretations and clamorous importunities an honest cause be not delayed or overthrowne marke I beseech you what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me then it blessed me and when the eye saw me it gave witnes to me hearers had not words enough to praise my eloquence hee was so admired that any one but Iob would have been proud of halfe so many acclamations Ver. 12 13 14. Because I delivered the poore that cryed and the fatherlesse and him that had none to help him the blessing of him that was ready to perish came upon me and I caused the widowes heart to sing for joy I put on righteousnes and it clothed me my Iudgement was as a robe a diademe the poore oppressed ones gave him 10000. benedictions the widow owed to his care the conservation of her children and by banishing sadnes from her looks he made her life comfortable and her mouth publisht his praise the fatherlesse being vertuously educated were in a better condition then when they had a father though Kings adorne themselves with purple yet they minde their pleasurs and honors more then doeing Iustice to the friendlesse but Iobs principle ornament and garment Crowne and Diademe was Iustice. I was eyes to the blinde and feet was I to the lame I was a father to the poore and the cause which I knew not I searched out hee mixed the quallitie of a father with that of a Iudge granting executions against poore men with a bleeding heart melting to thinke that such as are lame and blinde should be ordered to run and see like those who are to lye in prison for one hundred pound when they are not worth twenty pounds certainly the most honorable title is to be stiled a father of the poore for what need is there of rich men but onely to doe good to the poore and though a ludge must not pitie the poore in Iudgement yet after Iudgement pronounced there is place for mercy which is but Iustice and before sentence the poore mans interest ought to be so deere precious to the Iudge as not to pronounce any sentence against him till his cause be throughly not onely opened but studied and when the poore had none or but little Councell Iob was as well their Advocate as their Iudge As by the wisedome of the Law of England the Iudge is to be a Councell for the prisoner in matter of life and death so was Iustice Iob a Councell for poore men in all Civill Causes and would not let any man lye in prison for a debt untill he had examined the justnes of it and that it was cleerely due as well in equity as by Law and his justice is most conspicuous Iob 31. 13. If I did despise the cause of my man servant or of my maid servant when they contended with mee hee heard the complaint of his slaves he permitted every man to speake for himselfe before he be hayled to prison to alledge reasons why hee ought not to be carryed thither and the ground of such his supereminent Iustice was ver 14. 15. VVhat then shall I doe when God riseth up and when he visiteth what shall I answer him did not he that made me in the wombe make him and did not one fashion us in the wombe that though he was a Iudge upon earth yet he was a servant to the God of heaven who would enter into judgement with him that though the condition of the Iudge and the Client be different yet their birth is alike God is Father of them both the Clients body molded of dirt and the Iudges not formed of any nobler matter and that both of them had the honor of being formed by the hand of God and both their soules made after his Image as if Iudge Iob and his slaves were Copartners or Tenants in Common that Princely spirit goes on and from ver 16. to ver 25. makes the most incomparable challenge that ever the people heard of If I have withheld the poore from their desire or have caused the eyes of the widow to faile Or have eaten my morsell alone and the fatherlesse hath not eaten thereof for from my youth hee was brought up with me as with a father and I have guided her from my mothers wombe If I have seene any perish for want of cloathing or any poore without covering if his loynes have not blessed me and if hee were not warmed with the fleece of my Sheep if I have lift up my hand against the fatherlesse when I saw