First generall Part. Giuing of the charge.

The first generall part formerly propounded, is the giuing of the charge: And I charged your Iudges at that time saying. I. Point. The Persons who gaue the Charge. And the first parti­cular therein obserued, was the person who gaue it, I, that is, Moses. This one person Moses sustaines a double person: 1. God. First of God, as he was a Pro­phet of God, and spake from the mouth of God. 2. The King. Prudentiss [...]mus L [...]gislator, [...]u­stissimus Prin­ceps, ac Prophe­ta maximus. Philo in vita Mosis. Secondly, of a King, as he was the chiefe Ruler and gouer­nour; and so it is the charge of GOD and the KING.

First this was the Charge of God; for Moses the man of God, was (as was said) an holy Prophet of God, im­mediatly called of God, to this holy function; immediately assisted and [Page 13]directed in his execution by God: and what he injoyned to this people, he receiued it from God; from Gods mouth, or by inspiration of his Spirit, or by some such speciall and infallible information of God.

Moses elected Iudges to helpe and assist him in iudging of causes (with varietie and multitude whereof hee was ouer-charged) and this he did by the wise and godly counsell of his father in law Iethro, Exod. 18. yet vpon consul­tation also first had with God, and ex­presse answer from the heauenly Ora­cle. For so Iethro aduised him Exod. 18.23. If thou shalt doe this thing (that is, elect some assistant Iudges) and God command thee so, then shalt thou be able to endure. And the con­science of Moses consulting with God did giue testimonie to this ad­uertisement of Iethro as the counsell of God: and therefore this election of Iudges by Moses was in deede and effect, the election of God; and this Charge giuen to these New-elect, was accord­ingly [Page 14]the charge of God. Whence it followeth as a ground of all that I haue to speake, that

The charge for right execution of iu­stice giuen to Iudges by the Prophets of God is to be accounted the charge of God. Doctr. This charge God giueth some­times immediately with his owne mouth: Exod. 10. thus God proclaimed the Morall Law, which conteines all the grounds of equitie and iustice, by his immediate voice; and deliuered to Moses not onely the Ceremonials, but also Iudicials by his immediate dire­ction: and by Moses vnto the Church, as Leuit. 19.35. Yee shall not doe vn­righteousnesse in iudgement, in line, in weight, or in measure. And Moses in the execution of his weighty functi­on, did consult with God, in his heauenly Oracle; as did also Dauid, and others, 1 Sam. 3.7, 8. in cases of difficultie, not expressed in Gods word. And God directed Ioshua, Josh. 1.1, 2. after the death of Moses.

God giues this Charge sometimes [Page 15]by his instruments, as Prophets, Apo­stles, and Ministers of the Gospell: By Prophets, as by Moses to these Iudges in this place; and so by Isaiah to the Iudges of Iudah, Is. 1.17. Seeke iudge­ment, releeue the oppressed, iudge the fatherlesse, plead for the widow. By the prophet Ieremiah to the King of Iudah and his seruants, Ierem. 2.2, 3. Execute yee iudgement and righteous­nesse, and deliuer the spoiled out of the hand of the oppressor: and do no wrong, doe no violence to the stranger, the fatherlesse, nor the widow, neither shed innocent blood in this place. And Chap. 21. v. 12. O house of Dauid, thus saith the Lord, execute iudgement in the morning, and deliuer him that is spoiled out of the hand of the oppressor. By the kingly prophet Dauid, Psal. 2.10. Be wise now therefore, ô yee Kings: be instructed yee Iudges of the earth. By the prophet Zachary to the Iewes, Thus speaketh the Lord of Hostes, Zach. 7.9. exe­cute iudgement, shew mercy. And againe, Zach. 8.16. Execute the iudgement of [Page 16]trueth and peace in your gates.

By his holy Apostles vnto Christian Magistrates, as the Apostle S. Paul (one for all the rest) sets downe the office and charge of a Iudge or Ru­ler, Rom. 13.3, 4. saying, Rulers are not a terrour to good workes but to the euill: againe, The Ruler is the minister of God, a reuenger to execute wrath vpon him that doth euill.

Lastly, God giues this charge by the Ministers of the Gospell, who are his Ambassadors in matters of God, to declare his will to the people of God. And we (Gods ministers) stand charged of God (as Timothie of S ^t. Paul) before God, 2 Tim. 4.1. 1 Tim. 5.21. and the Lord Iesus Christ, and the elect Angels, that we obserue all that God injoynes vs with­out preiudice, and we must do nothing of partialitie, but must diuide the word of God aright, 2 Tim. 2: 15. dispensing Gods myste­ries as his faithfull stewards, and gi­uing to our Lords familie, to each one his due portion, Luc. 12.42. in due season: and so prescribing to Iudges and Rulers [Page 17]their duties from God, as we our selues expect to be iudged of God; and we must not dare to corrupt the word of God; but as of sinceritie, 2 Cor. 2.17. as of God, in the sight of God, so ought we to speake in Christ: and so I desire to speake vnto you.

Wherefore, right Honorable and beloued in the Lord, Vse. let mee intreat you from the Lord, that you receiue from vs, who serue God in this fun­ction, our charge for iustice as the charge of God; not measuring the weight of our embassage by the meannesse of our persons, but weigh­ing the worthinesse of our calling, and giuing entertainment to the truth, which we speake according to Gods word, not as the word of man, but of God; alwaies remembring that of our Sauiour to his Disciples, and in them to vs; Behold, I send you. and, He that heareth you heareth me; Luc: 10. v. 3, 16 and he that despiseth you despiseth me. And that worthy saying of our most learned & religious King in a solemne [Page 18]disputation in the Vniuersitie. The King himselfe ought to obey the Mini­ster, At Cambridge March 16 14. tanquam spirituali medico ex ver­bo Dei praescribenti, as to a spirituall Physician prescribing to him out of the word of God. And this accords with his Maiesties instructions to the Prince his eldest sonne; [...] pag. 10. When any of the spi­rituall office-bearers in the Church speaketh vnto you any thing that is well warranted by the word, reuerence and obey them as the Heraulds of the most high God.

And so much of this, as the Charge of God: Now I come to it as the Charge of the King.

2. The King giues this Charge.The second person whom Moses susteineth in giuing of this Charge is the person of the King; for hee was designed chiefe Ruler and Iudge of Gods people: his authoritie was Re­gall, his power Soueraigne, though he gouerned also by others as assistants and counsellors.

Whence Kings and chiefe Rulers may take patterne for their practise, Doctr. [Page 19] to giue speciall Charge to their Delegates and Deputies, to execute iust iudgement vnto the people. For so Moses the chiefe Ruler gaue charge to these new-elected Iudges and Rulers to heare and indge righteously the cau­ses of all men. Such a charge, for a farewell, did holy King Dauid giue vnto Salomon his succeeding sonne, 1. King. 2.2, 3. I goe the way of all the earth: be thou strong therefore, and shew thy selfe a man. And take heede to the charge of the Lord thy God to walke in his wayes, and to keepe his sta­tutes &c. When he further injoynes him, according to his wisdom to exe­cute iustice on Ioab and Shimei, and to shew mercy and kindnes to the sons of Barzillai. The Aegyptian Kings were wont (as Plutarch reporteth) by the custome of their country, to giue an oath to such as were appointed their Iudges, that they should not speake or doe vnrighteously in iudg­ment, though the King himselfe should charge and command them. [Page 20]Which commendable practise Tra­iane the Emperor did worthily imi­tate, and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles, saying vnto him: Si bonus fuero pro me vtitor (hoc gladio) sin malus contrame. If I shall be good vse this sword for me, if euill, against me. or thus: Hoc gladio pro me vtar is, do­nec iusta fecero: si iniusta secero, con­tra me vtaris. As long as I shall doe those things which are iust, vse this sword for me: if I do things vniust, vse it against me. A fact and speach most worthy an Emperor! whose example, at least in the scope thereof, is fit to be imitated of euery good King; who ought to acknowledge, that God hath aduanced him, as a lit­tle God, [...]s [...]l. 82. to sit on the Throne, and to rule ouer all others for the common good of all. The oath which the King administreth to Iudges, binds them to strict obseruation of iustice, as it is recorded in the stature of the 18. of Edward the III.

[Page 21] ‘Ye shall do euen law & execution of right to all his subiects rich and poore, The oath of Iudges 18. Edw. 3 printed anno D [...]mius 1578. p 106. without hauing regard of any person. And that yee denie to no man common right, by the Kings letters, nor none other mans, nor for none other cause, and in case any letters come come to you contrary to the law, that yee do no­thing by such letters, but certifie the King thereof, and goe forth to doe the law, notwithstanding the same letters.’ And this is agreable to the commandement of Antiochus the King of Asia; ‘That if letters came from him, or his Nobles to interrupt the course of iustice, they should pocket them vp, supposing them to be vnwittingly written, and so to proceed in a strict course of iustice.’

A good King giues streit charge for execution of iustice, because he knowes that the power of gouern­ment is as well onus as honos, a burden, as an honour, ordeined for the com­mon [Page 22]and vninersall welfare of all his subiects, Salus populisu­pr [...]ms le [...] est [...]. whereof account must be gi­uen to God. And he is alwaies in his owne estimation Magnus reip. seruus, Colimus Impe­ratorem, vt ho­minē a Deo se­cundum, & sole Deo minorem. Tertu [...]. ad Scap. Super Impera­torē nox est, nisi s [...]lus Deus qui fecit Imperate­rē Optat. contr. Parmenian. lib. 3 the great seruant of the Cōmon-weale; for place and authoritie aduanced, and that most worthily, aboue all both persons and states; and yet in prince­ly clemency respectiue of the mea­nest, like a kind Master, or [...] Homer. [...]. Xe­noph. [...] Gueua [...]a. good Fa­ther. For a good King differs nothing from a good Father: who, as he is ma­ximus, the greatest, so is he optimus, Par [...]m vllum super terrā non babet. Chrysost. ad pop. Anti­och. ham: 2. Patriae parens. the best; a common, yea an vniuersall good, who promoteth peace and pub­like welfare, accounting all his feli­citie, as he is a Prince, to consist in well-gouerning his Common-weale, and in bestowing his life, for the good thereof (if need require) as the Emperor Alexander Seuerus professed of himselfe.

Now then, as it is the highest di­gnitie, and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue [Page 23]to be Defender of the Christian Faith, and to haue supreme authoritie ouer all causes and persons Ecclesia­sticall and Ciuill: so it apperteineth to him by that high authoritie to ma­nifest his care for the common good, as in making and executing of good and lawes for the promoting and establishing of Religion, and Iustice: Rex quia h [...]mo est, D [...]mino ser­ [...]it viuen [...]o fi­deliter: quia v. ro [...]tiam R [...]x est, seruit, l [...]ges iusta praec [...]pi [...] n­ [...]s & con [...]ar [...]a prohibentes, conuenienti vi­gore sanciendo. Aug: epist: 50. ad Bonisa. ium. Idem contra Cresconium l. 3. c. 51. so also in electing good Delegates, and competent Iudges and Ministers of iustice: and in charging and ob­liging them by all bond of dutie to vse their authoritie to promote the publike good, in examining and deci­ding all causes and controuersies, with righteous iudgement and due execution of iustice, which is the ve­ry life and soule of good and whol­some lawes.

And thus much of the person who gaue the Charge, GOD & the KING: Now of the persons to whom the Charge was giuen, Iudges and Magi­strates.

Your Iudges. II. Point. That is not onely [Page 24]Iudges in the most strict and streit notion & signification of the phrase; but all Magistrates also and Ministers of iustice; at least, by true and neces­sarie consequence.

And most meete it is surely that such a strict charge should be giuen by God and the chiefe Ruler, Doctr. to such as were elected and designed to be Iudges. For they are, for trust, kee­pers of the Law; and, for their office, speaking lawes; and, by their power and authoritie vnder God and the King, principall swayers and dispen­sers of equitie and iustice. And as Masters and Pilots in the ship of the Common-wealth, who sit at the sterne and guide it forward, through their wisdome and fidelitie, in an euen, a prosperous, and succesfull course, vnto the desired hauen of peace and prosperitie: But through their care­lesse neglect and heedlesse ouer-sight, they cause fearefull shipwracke and miserable ruine.

And you know right well, that [Page 25]when Iudges and Magistrates become wise and faithfull, in deliberate san­xion and due execution of good and wholsome lawes and statutes, that then, by their good meanes, and Gods good blessing, Gods lawes are backed, his ordinances established, piety is promoted, equitie preserued, the Church is made pious, the Common-wealth prosperous, our communion with God and societie with man becomes most comforta­ble, happy, and blessed. But when Rulers and Magistrates doe swerue in gouernment, growing carelesse & negligent, vngodly & vniust, abusing their authoritie or neglecting their dutie; then thorough the iust iudge­ment of God, and malice of the De­uill, and the vnbridled furie, and vn­bounded outrage of lewd, and sauage, and vnreasonable men, all things in Church and Common-wealth grow disordered and confused, and finally fall (vnlesse godly wisdom in Rulers timely preuent) into fearefull ruine, [Page 26]and dreadfull desolation.

Wherefore for the prudent pre­uenting of this so fearefull euill, and prouident procuring of that so hope­full good, all Rulers and Magistrates, yea all ministers of iustice, (Sheriffes, Counsellors, Aduocates, Iurors, wit­nesses, and the rest) (who are but men, and subiect to sliding, of wilful­nesse or weaknesse) had neede to re­ceiue their charge and direction, from God and the King, for the better dis­charge of this important businesse, for the glory of God, who hath high­ly exalted them, and for the good of others, ouer whom he hath set them: for quò sublimior gloria est, Cyprian. eo maior & cura est, the higher is their honour, the greater ought to be their care, and inlargeth the summe of their future account: Hieron epist. ad Heliodorum de [...] vi [...]ae s [...]li­tariae. for cui plus creditur, plus ab eo exigitur; to whom more is com­mitted, of him more is exacted.

III. Point. The nature of the thing gi­uen, a Charge.And thus much of the persons, to whom this Charge was giuen: Now I proceede to the third particular; [Page 27]which is, the nature and qualitie of this thing, which Moses gaue to the Iudges, which is a command, a pre­cept, or a charge. I charged your Iudges.

Now this being a Charge giuen of God and the King, Doctr. who are in degree the highest, it doth charge the consci­ence in the highest degree, & exacteth imployment both of body & minde, for the exact discharg of this office & dutie; and that in such sort, that an approued account may be well and readily made, not only to the King and principall Ruler, but also to God himselfe, the King of Kings, and Iudge of Iudges, Exod. 18.25. euen the Iudge of the whole world. And for this cause it is religi­ously prouided, that an oath of the King, yea of the Lord is administred to inferior Iudges, yea to Iurors and witnesses, the ministers and instru­ments of iustice, for the faithfull dis­charge of this weighty duty, so heaui-charging, if not ouer-charging, the soules and consciences of all, who [Page 28]beare any part in the matter of iudg­ment.

Wherefore, Vse. by vertue of this Charge, let all be admonished who haue the least finger in matters of iustice (for it doth not concerne the Reuerend Iudges alone) let all (I say) be admonished in the name of the Lord to account themselues charged to such performance of dutie, as whereof they must be accountant to God and the King. And therefore let religious care be had of all both Iudges, ministers and instruments so to demeane and behaue themselues, as sincere and faithfull seruants of God, and trusly and loyall subiects to the King, that they may receiue for their paines, to their credit and comfort, both humane and diuine ap­plause and commendation.

And thus much of the nature of this speach, in that it is a Charge. Now time and desire do hasten mee forward to consider the time when this Charge was giuen.

[Page 29] IV. Point. The time whē this charge was giuen. [At that time] that is, assoone as these were elected Iudges. In the fortieth yeare, the eleuenth moneth, and the first day, after their depar­ture out of Aegypt. Two moneths and a few daies before their entrance into the land of Canaan, where this their authoritie was to be exercised; and not so long before the death of Moses the seruant of God, their prin­cipall Ruler, who dyed the twelfth day of the twelfth moneth, as may be collected out of Deut. 34. & Iosh. 1. & 4.

O consider, I beseech you, this charge of Moses to the Iudges, how fit, how timely, how seasonable it was.

1 Assoone as they were selected and designed to this office, that they might deliberately meditate and fore-bethinke themselues of their dutie and charge.

2. Before execution of any part of their function, that in the beginning thereof they might lay such a good [Page 30]foundation, that they might the more hopefully expect successefull proceedings.

3 A little before their entrance in­to the land of Canaan (their promi­sed land) that their inheritāce might not be polluted through violation of iustice, in their first possession there­of, and habitation therein.

4 And a little before the death of Moses, their chiefe Prince and Law­giuer, that they might not be left de­stitute of direction for matters of iudgement, after the losse of so wor­thie a Gouernour.

Wherefore timely and seasonable ought to be the charge which Kings and Princes giue to their Delegates, Doctr. the Iudges and Magistrates: and which Iudges and Magistrates giue to the People their inferiours; euen in the entrance of their function, before exe­cution, that they may not swerue from iustice, through ignorance, for want of direction; nor transgresse through presumption, for want of [Page 31]admonition. And so timely and ma­ture ought to be the charge, instru­ctions, and admonitions of Parents to their children, of Maisters to their seruants, and of all Superiors to infe­riors vnder their charge. But to ap­plie my selfe onely to this, this time and occasion.

I onely obserue that its prudently prouided (which is constantly pra­ctised) that our reuerend Iudges of Assise (hauing receiued first instructi­ons from the King) make way in their entrance vnto iudicial processe, Vse. by giuing of their charge: wherein they doe with great learning and pi­etie, giue such wise directions, such graue admonitions, and such need­full and seasonable exhortations to the bodie of the Common-weale, whom these businesses doe concern: that vnlesse men be simple, they can­not be ignorant, and vnlesse they be wilfull, they shall not make default, in discharge of the duetie and office wherein they are imployed.

[Page 32] And so much of the first generall part of this text, the giuing of the charge. Now I come to the second, and principally intended, the Charge which was giuen; the tenour where­of is this: Heare the causes betweene your Brethren, and iudge righteously, &c.

Second generall Part. The Charge giuen.

I. Point. Instructions, and Imuncti­ons.In this charge giuen, there come first to our view, the Instructions and Iniunctions, which are giuen to the Iudges, which are in number two:

• to heare deliberately.
• to iudge righteously.

And for preparing of our passage to the handling of them, wee are to consider by way of Preface: First, what are the Causes to be heard and iudged: Secondly, what is the Rule of righteous iudgement.

1 For the first: the Causes which fall into the consideration of Iudges, [Page 33]are (by Plato) reduced to two heads: Omnia iudicia aut distrahen­darum contro­uersi [...]rum, aut puniend orum maleficiorum causa reperiae sunt. In disceptan [...] controuersijs, tuenda disci­plina. Iustinian. to doe Iniurie: to doe Euill: and (as Cicero doth accordingly write) All iudgement was deuised eyther first for the deciding of controuersies, or se­condly, punishment of malefactors.

The matters then (as our reuerend Iudges also tell vs) are Ciuill, or Cri­minall, that concerne right betweene man and man, or punishment of crimos. And therefore to giue to e­uery one his owne, and to redresse iniuries is a principal office of iustice distributiue. And to punish malefa­ctors in causes criminall, is an office of iustice vindicatiue, as necessarie for the good of the common-wealth as the other. Now this charge is to be obserued in all kinds of causes, whe­ther trespasses or crimes: 1. heare: 2. iudge righteously. 2. The rule of righ­teous iudgement is the Law; for the Law is a silent magistrate, & the Ma­gistrate a speaking Law: Now the Law, this rule of iudgement, is Hu­mane, or Diuine; and the order for [Page 34]conformitie of iudgement must bee this.

Mans Law must bee subordinate to Gods Law; the Iudges sentence to mans Law, and therewithall to Gods Law. Leges cū fuerint instit [...]tae non licebit indici de ipsissed secundū ipsas [...]dicare. Aug. Lawes beeing once well established, the Iudge must not iudge of them, but by them, as an Interpreter or them: and the Interpreter must haue the same meaning with the Law ma­ker; otherwise (wresting wordes strictly, contrary to the meaning) summum ius becomes summa iniuria, strickt law, flat iniustice.

These things being premised, the directions or iniunctions giuen to the Iudges are two: first, to heare; and seconde, to iudge. Within which three degrees of iudiciall pro­cesse (which is the lawfull handling of the action) are included or com­prized: first, Hearing; secondly, dis­cussing; thirdly, sentencing of causes: vpon which (as a consequent) fol­lowes execution: or thus, first hearing of the cause, secondly, giuing of the [Page 35] sentence, thirdly, execution of the sentence pronounced; which some take to be meant by that clause, Yee shall not feare the face of man. But vnder correction, wee may take it thus: These duties as three degrees in iudiciall processe, are giuen in charge by Moses to the Iudges: first to heare causes wisely and deliberate­ly: secondly, to sentence the causes heard, iustly and equally: thirdly, to execute iudgement according to sentence giuen faithfully and exact­ly: or more briefely thus;

Three degrees in iudiciall pro­cesse.The iudiciall processe hath three de­grees; to heare iustice; speake iu­stice; doe iustice.

To which are required three things in a Iudge, an eye of knowledge, a tongue of truth, an hand of power. And this is also the order to be ob­serued therein.

1 There must first be hearing, be­fore the sentence be giuen, else how can the sentence be iust?

2 Sentence must be giuen before [Page 36]execution be done, else how can the execution be warrantable?

3. Execution must follow vppon sentence giuen, else to what is such processe profitable? But when cau­ses are deliberately and discerningly heard, so as the truth is seene as in the cleare glasse of wisedome: when Sentence is iustly and equally giuen, as the cause beares weight in the bal­lance of equitie. And when sentence is throughly and exactly executed, as with a sharpe sword of sufficient power, then are these iniunctions and directions of Moses faithfully obser­ued, and sufficiently performed.

The first degree. To heare iustice.The first degree in iudiciall pro­cesse is the hearing of iustice, or of the cause to be iudged: and this must needes be first; else no iust sentence can be giuen. Right iudgement doth presuppose sure knowledge. You know the saying; Si iudicas, cognos­ce: If yee will iudge, Senec. Trag. take notice of the cause, for the cause must be knowen before it can bee iudged, and first [Page 37]heard, that it may be knowne. Qui statuit ali­quid parte in­audita altera, aequum licet statuerit haud aequus erit. Senec. Plaut. Gen. 11.5. Non humano modo hoc in­telligamus, sed vt per hoc eru­diamur, nun q [...]ā temerè fratres condemnandos, ne (que) auditu solo iudicandū, nisi pluribus argumētis priùs certi reddamur. Omnia enim ideo à Deo fiunt & ob hoc tantâ ad erudiendum humanū genus vtitur sermonis attempera [...]ione. Gen. 18. v. 20. v. 2. And he that shall giue sentence, eyther partie not first herd, though his sentence proue equall, yet is hee not an equall Iudge. The Lord himselfe obserues this or­der of processe, where its sayd That God went downe to see the Citie and Tower which the Nimrodians had builded. On which place Chrysostome doth well obserue, that Gods spirit doth declare by an [...] (or humane kind of speech) that men ought not to condemne their bre­thren before certain knowledge and notice of their cause. And before the finall sentence of destruction bee passed on Sodome, the Lord first takes notice of their estate; saying; Because the crye of Sodome and Go­morrha is great, and because their sin is very grieuous; I will goe downe now, and see whether they haue done altogether according to the crye of it: which is come to mee: and if not, I will know. The Lord who knew all things of himselfe, will also take no­tice, [Page 38]as by iudiciall processe, thereby, as in a Table, to commend to our view, as in a liuely picture or perfect patterne, the order to bee obserued in iudiciall proceedings for humane profit and constant imitation. And thus God first heard the Israelites groane vnder the burdens of Aegypt, Exod. 2. v. 22.23▪ 24. and then, and not before, he sent de­liuerance.

To teach all Iudges, Doctr. who beare Gods-Image and title in their office, to follow him, as their patterne in the execution thereof; not precipitating sentence before due consideration, & well-weighing, and discerning the equitie of the cause: for if God did so, who is the knower of all things, who cannot be deceyued, misled, or corrupted; much more ought men giue diligence hereunto, who are daily subiect to be mistaken, through ouer-sight, to bee misled by affecti­on, transported through passion, precipitated with preiudice, and de­ceyued with colourable pretences, and glosses.

[Page 39] But here I shall not need to pre­scribe to our reuerend, godly, and well-experienced Moderators of Iu­stice, but onely poynt at such things, as they know, and which, on occasi­on, I haue sometimes obserued, to be religiously practised, in their iudi­ciall processe: and this I shall the rather be bould to speake, that inferi­ours of lesse, both knowledge, expe­rience and conscience, may take no­tice of such vertues, for due appro­bation of them in their betters, and respectiue imitation of them in themselues.

Hearing is ey­ther 1. simple hearing. 2. Discussing.Now this hearing which tends to the notice of the cause, is eyther a simple hearing of both the parties, or else an accurate discussing, and exa­mining of their euidences and proofes.

The first is the equall hearing of all persons, both actor & reus, 1. Hearing. plain­tife and defendant, Small as well as great. Ier 26. v. 2.3.4.12.16. This was obserued in the arraignement of Ieremiah the Pro­phet, [Page 40]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 [Page 41] two witnesses at the least ( Deutr. 19.15.) before sentence of iudgement be passed against him. [...]. Demosth. [...]. Ante meridi [...]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 vlti [...]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 plē ­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 [Page 42]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 cōdemned 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 S ^t. Paul. And Salomons wisedome was [Page 43]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 [Page 44]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.

1 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 oft­times which passeth by the eare, doth the state of the cause consist.

2 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, [Page 45]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.

[Page 46] 4 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 p [...]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 accu­satorē & r [...]um fine affectibus & personarum r [...]spectione. Demosth. I will heare the plaintiffe and defendant with an equall mind, without affections and respect of persons.

5 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 [Page 47]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, [Page 48]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 Gen. 39.14. Io­seph, of 2 Sā. 16.13. Mephibosheth, of 1 King. 21.13. Naboth, of Am s 7.10. Amos, of Mat. 26.59, 60. Christ Iesus, of Act. 6.13, 14. Ste­phan, of 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 [Page 49]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 iusi [...]tia des [...]d [...]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 [Page 50]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. N [...]utri par [...]i praeter [...] & sas ad [...]ctꝰ ero. quod si haec non o [...]ser [...]au [...]ro, onu [...]i [...]us incom­modis ero exp [...] ­situs, tam hic quara in futuro se [...]ulo, in borrè [...] do indicio ma­gni Domini Dei & salu [...]toris n [...]stri Iesu Chri­sii: habeboque partē cum Iuda, & lepram c [...]m Huzziah, & trem rea [...] cum Cain. Aequū me vtri (que) parti tam in disceptandis cōtrouersiis, 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.

[Page 51] 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 [Page 52]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, or religion, is yet a brother for com­mon nature and humane condition, and must haue right done him as be­ing a brother.

Your Brethren] The name brother is a name of speciall relation, and notes out a speciall vicinitie of one vnto another, and some degree of [Page 53]equalitie one with another.

The persons whose causes are to be heard and iudged are brethren to the Iudge; not, indeed, in function, or equalitie of condition. For herein are Iudges and Magistrates exalted aboue them, Rom. 13.1. and for this cause they owe reuerence and respect to the Iudges.

As for Anabaptisticall conceits, Confutat. which denie lawfull Magistracie, and would bring in vnseemely paritie, and confused anarchie, they are to be vtterly renounced, and farre abando­ned out of the hearts of all true Chri­stians; and that auncient law is to be embraced, which calleth it sacriledge not to reuerence and obey the Magi­strate: and those who do contemne the Magistrate, doe contemne euen God himselfe (who is the ordeiner and mainteiner of magistracie) as the Lord himselfe saith vnto Samuel. 1 Sam. 8.7. Yet is the Iudge to account them his bre­thren: Brethren (I say) in common nature and humanitie, brethren (it [Page 54]may be) in grace and Christianitie; brethren, both in humane condition, and christian profession.

Which consideration ought to stir vp Iudges and Magistrates vnto ala­critie and cheerefulnesse in execution of their function; Doctr. seeing all their imployments & trauels therein tend to the good and profit of their bre­thren. Now what studie is too vn­cessant? what trauaile too toylesom? what labour too great? what time too long? what tolerancie too te­dious, in procuring the weale and welfare of their brethren? Especially, seeing they are set apart to this hono­rable imployment, by ordination and injunction of God and the King, who haue highly aduanced them aboue their brethren, to be Iudges and deciders of their persons and causes. Cypr. Quo sublimior gloria est, eo maior & cura est: The higher is their glory, the greater should be their care. Wherefore I beseech you from the Lord, most reuerend Iudges, heare [Page 55]the causes, and iudge righteously be­tweene your brethren, for they are your brethren.

But if one only or some few were brethren to the Iudge, and not the rest, Nemo fere est, qui sit bonus index in suis rebus. Arist. polit. lib. 3. Insitū est mor­talibus cunctis, vt se & sua a­ment, & sint benigni in suis causis. Senec. Lege decernimꝰ neminē sibi essi indicem, aut ius dicere debere. Imper. Cod. lib. 2. tit. 5. Qui iurisdicti­oni praeest ne (que) sibi ius dicere d [...]bet, neque vxori, vel libe­ris, vel caeteris quos secum ha­bet. then were he not a fit and a competent Iudge, for then were the case in some sort his owne, and few are fit Iudges in their owne causes. For its inbred in all mortall men, to loue themselues and their owne things, and to be kind and fauourable in their owne causes. And therefore the auncient lawes of Emperors forbade that men should be Iudges to giue sentence for themselues. And it is an assertion of that great Lawyer Vlpian, that no man ought to be Iudge for himselfe, or his wife, or children, or the rest that are neere vnto him.

But now the parties are all brethren among themselues, aswell as to the Iudge; and that in nature, nation, and profession of religion, as the Iewes were, and as we are. And why should men contend, seeing they are [Page 56] brethren? why should men defraud, oppresse, rob, spoyle, maime or mur­ther their brethren? It is a very great both sin and shame, that men of the same Nation and language, who liue vnder the same King and lawes, who enjoy the same liberties and priui­ledges, who are linked together in neighbourhood and acquaintance; yea, who partake in the same com­munitie of grace and communion of glory, should not liue in loue toge­ther, and keepe the vnitie of the spirit in the bond of peace, Ephef. 4 3. but defraud, op­presse, and injure one another.

And if, through their owne cor­ruption, and Satans malice, they fall at variance, discord and controuersie, then surely such as are designed and appointed by God and the King to performe and execute the most ho­norable office and function of Iudges and Magistrates, ought to vse their best endeauour, to compound con­trouersies, to right wrongs, to punish crimes, and by all good meanes to [Page 57]procure both publike and priuate peace, that all men may liue safely, quietly and louingly together, be­cause they are brethren.

Lastly, suppose any be a stranger, for particular nation, or profession of religion, yet is he still a brother in common nature and humane condi­tion; and therefore must haue iustice done to him, as being a brother, both vnto the Iudge, and vnto his neigh­bour.

Heare and iudge righteously between a man & the stranger that is with him] All men were created one in nature, reasonable creatures, all were instam­ped with the image of God, all retaine their simple nature, though all haue not recouered Gods image, but re­maine corrupted; and all must haue iustice, for its founded in nature. Yea and for a Christian Iudge not to doe iustice to an Ethnick or pagan conten­ding with a Christian, were to abuse his function, to blemish his religion, to harden the Pagan in his infidelitie [Page 58]and sin: And not to right a Christian contending with a Pagan were, be­sides the abuse of his function, to neglect his dutie to one deare to God. Fit it is that he should receiue equitie and iustice at the hand of the Iudge, who hath found grace and mercy at the hand of God. Among the Iewes there was one Law for all, for the stranger, and for one of their countrey: if either sinned, either must be punished. Leuit. 24. v. 16, 22.

The summe of all is this. All men are brethren to the Iudge himselfe, therefore he must in loue and dutie labour to releeue them all. All are brethren amongst themselues, there­fore he must haue equall respect for righting of them all.

Wherefore, as Moses from God said to these Iudges, so I, from the same God, say vnto you all, most re­uerend Iudges, and all ministers of iustice, Heare and iudge righteously be­tweene your brethren, and betweene euery man and his brother, and the [Page 59]stranger that is with him.

And so much of the persons: III. Point. Admonitions or Cautions. Now I proceede to the third particular ob­serued in this charge, namely, The admonitions or cautions giuen to the Iudges, against pestilent impediments which are frequent enemies to equi­tie and iustice, which are in number two.

• 1. Acceptation of persons, for sini­ster respects.
• 2. Feare of mens greatnes, who will be offended at iustice.

The former admonition or caution is against that principall impediment of iustice, The first im­pediment of iustice. acceptation of persons; which is set downe 1. Negatiuely, so that the vice is forbidden, Yee shall not respect persons in iudgment. 2. Affir­matiuely, so that the vertue is com­manded; You shall heare the small as well as the great.

Acceptation of persons, [...] vnjust and vnlawfull, is such by and outward re­spect had of the person, as doth no­thing make for the equitie of the [Page 60]cause; and yet drawes the Iudge, Iu­ror or witnesse, or other ministers of iustice, to doe vnequally in case of iudgement, by reason of his vnequall respect to the person: as when mens vnjust and vnequall causes are fauou­red and furthered, for amitie, enmitie, hatred, or loue, for bribes, wealth, kindred, authoritie, or the like: and where causes are ouerthrowne and persons condemned for want of friends, money, or such outward re­spects, though their causes be iust or persons innocent, or not deseruing such seueritie of censure. This accep­ting of persons is iudiciorum pest is, the plague of iudgements, and flatly forbidden in Gods sacred word, Le­uit. 19.15. Yee shall not doe vnrighte­ously in iudgment, thou shalt not respect the person of the poore, nor honour the person of the mighty; but in righteous­nesse shalt thou iudge thy neighbour. Partiall pitie is not to be shewed to the poore and base, because he is poore and base: and partiall fauour [Page 61]is not to be shewed to the rich and honorable, because he is rich or ho­norable: but according to the equitie of the cause, must be the equitie of the iudgment. Prohibitions of the con­trary are frequent in Gods word: Thou shalt not speake in a cause, to de­cline after many, to wrest iudgement; Exod. 22.2, 3. neither shalt thou countenance a poore man in his (vnrighteous) cause. It is not good (that is, it is very ill) to accept the person of the wicked, Pron. 18.5. to ouerthrow the righteous in iudgemēt. The like is found Prov. 24.23, 24. Prov. 28.21. The Lord doth detest this abhomi­nable sinne Esa. 61.8. I the Lord loue iudgment, and hate robbery for burnt offering: that is, though a thing got­ten by peruerting iudgement, were put to the best vie that can be, as to a sacrifice to God, yet God doth ab­horre it. Yea the Lord accurseth to the pit of Hell, such as peruert the iudgment of the stranger, fatherlesse, and widow Deutr. 27. And denoun­ceth a fearefull woe against them, [Page 62] who iustifie the wicked for a reward, and take away the righteousnesse of the righteous from him. And for such sins God sends most fearefull visitations. Icrem. 5. Amos 6.

Whence this abhominable sinne doth spring is better knowne by bad experience, then by tongue or pen can bee expressed. It commonly sprowts out from the poysoned root of bribery; and therefore they both are ordinarily forbidden in one peri­od of speach, by one breath of the Lord: Deut. 16. v. 18, 19, 20. Thou shalt not respect persons, nor take a gift: for a gift doth blinde the eyes of the wise, and peruert the words of the righteous. and therefore couetousnesse, the roote of all euill, is the stepmother of iustice, 1 Tim. 6.10. as Augustine well speakes.

It ariseth also from many other grounds, as from loue, friendship, ha­tred or enuie, wrath, and rash zeale, impatience, and such like affections and passions; which blind the eye, or transport the will, so farre that the [Page 63]person affected therwith doth swerue from the rule of equitie and iudge­ment. Let him put off the robe of a Iudge, Exuat personant iudicis qui in­duit ami [...]i. who putteth on the cloake of a friend; its Ciceroes prouerbiall sen­tence. They cannot iudge worthily of such as are vnder them, Dignè de subdi­tis iudicare ne. queunt, qui non merita causarū, sed person [...]rum odium & grati­am sequuntur. Greg. moral. who follow not the merit of the causes, but the hatred or loue of the persons.

Whencesoeuer it ariseth or what­soeuer is the ground of it, sure it is a great and grieuous sin, and requires both speedy and exact reformation. For the remedying whereof some of former times would haue causes pro­pounded without mention of the par­ties: others had their Iudges couered with a vaile, that neither plaintiffe not defendant should come in their sight: others did exercise iudgments in the night: others did iudge be­fore the Attars of their Gods. But to omit those heathen deuices for refor­mation of these euils, and that fa­mous example of Traiane the Empe­ror, of whom it is recorded, that he [Page 64] did neuer man wrong in iustice, neither at any time had affection or passion in giuing iudgment: we who are Chri­stians haue better grounds of re­straint, namely, the feare of God, and the direction of his word, and the examples of godly and conscionable men. Consider two, of Moses and Samuel, who could in good consci­ence appeale to the Lord, for the clearing of their vprightnesse and vn­corrupted integritie; and whom I perswade my selfe you (reuerend Iudges) do religiously imitate, and desire to be like vnto. Moses. Lord I haue not taken one Asse from them (saith Moses) neither haue I hurt one of them. Deutr. 16.15. And thus Samuel plea­deth for his integritie: Samuel. Behold here I am (saith he to the people) witnesse against me before the Lord, and before his annoynted: whose Oxe haue I ta­ken? or whose Asse haue I taken? or whom haue I defrauded? or whom haue I oppressed? or of whom haue I receiued any bribe to blind mine eyes [Page 65]therewith, and I will restore it you. And they sayd, thou hast not defrau­ded vs, nor oppressed vs, neyther hast thou taken ought of any mans hand. Be therefore, & continue such as you should be, and such as I doubt not but you are, men fearing God, Exod. 18.21. and hating couetousnesse. O, let the feare of God be in your hearts, and these godly examples before your eyes, and pray with Dauid, for your selues, vnto God. Psal. 26. v. 9.10.11. Lord gather not my soule with sinners, nor my life with bloudie men, in whose hands is mischiefe, and their right hand is full of bribes: And keepe that holie resolution of Dauid, and thus promise vnto God; As for mee I will walke in mine integritie: redeeme mee, and bee mercifull vn­to mee.

The second impediment of justice.The other impediment and enemie of iustice, against which these admo­nitions and cautions are giuen, is feare of mens greatnesse, who will be offended at iustice; yee shall not be a­fraid of the face of Man.

[Page 66] Great men are not alwayes good men: and great-good-men, are not (alwayes) so good, as not to de­fend or fauor any vnrighteous cause. Sometimes they grow partiall in ca­ses of judgement: and if Iudges and ministers of justice be fearefull to of­fend them, they shall hardly deale well for good causes of meane men, for feare of the persons of great men.

Pilate hearing, Ioh. 19. v. 12. In hominum gratiam iustiti­am peruertit, & ius inflectit. Pluris facit im­peratoris Ro­mani quam Dei gratiam. Facit contra propriae consci­entiae testimoni­um, & oris sui enunciatum. and fearing, that he should not bee accounted Caesars friend, if hee should let our Sauiour Christ goe, was so quelled with feare, that contrarie to his conscience and his owne mouthes restimonie, he did adiudge our Sauiour Christ (though innocent) vnto a shamefull and op­probrious death. And, sure it is, this seruile feare troubles the mind, di­stracts the thoughts, and corrupts iudgement, and makes the mouth to speak against the conscience, to cleare the wicked, to condemne the inno­cent. And therefore for the preuen­ting of such feareful corruption, God [Page 67]required these properties in Iudges, that they should be men of courage, fearing God, Exod. 18.21. Prou. 1.7. &c. The feare of God is the beginning of Wisedome, and foun­dation of other most excellent ver­tues: Among the rest, of vndaunted courage, and maketh resolute in good and godly causes: Facile a iusticiâ deniat qui in causis no [...]. D [...]ū sed homines per­timescit. Chrysost. Pietate subla­ta, fides tollitur. Cicero. Euseb. de vitâ Constant lib. 1. c. 11. Gen. 20.11. whereas hee doth easily slip aside from equitie and iustice who stands not in feare of God, but of men saith Chrysostome. For take away pietie, fidelitie is gone: as we see in the vnrighteous Iudge. Luc. 18. v. 2.3. And as Constantius Chlorus, Fa­ther of Constantine the Great, did well experience in his Counsellors and Courtiers. It was Abrahams conclu­sion: The feare of God is not in this place, therefore they will kill me.

Wherefore (to conclude this) these pestilent impediments of equi­tie and iustice, this and the other, be­ing farre remoued, by Christian cou­rage, feare of God, and hatred of co­uetousnesse, I most humbly beseech you in the name of the Lord, both [Page 68]Iudges and Magistrates, and all mi­nisters of iustice, Isai. 28s 17. Lay iudgement to the rule, and righteousnesse to the ballance. Let iudgemet be brought forth in truth, and let the glorie of iustice extende it selfe like a flowing streame. Let iu­diciall processe equally proceede in hearing, sentencing, executing of iudgement without needlesse protra­ction, and vniust delay: and for the better inducing of your godly minds hereunto, consider the reason annex­ed in this Charge, for the iudgement is Gods.

IV. Point. Reasons for obseruation of the Iniun­ctions, and Cautions. [For the iudgement is Gods] The reason why Iudges and all ministers of iustice ought to performe these in­iunctions, and obserue these cautions, in iudiciall processe is this; for the iudgement is Gods: yea, and to annexe vnto this. that which was premised: The Charge is from God.

And to speake hereof but para­phrastically for breuities sake: The first reason. [The iudgement is Gods]

1 The Ordinance of iudgement [Page 69]is the ordination of God, by his wise and immutable counsell and decree. Rom. 13. and must be vsed faithful­ly, as the ordinance of God.

2 The Person who iudgeth is a person sent of God, by his most wise and prouident dispensation. God made thee a Iudge, Magistrate, Iuror, or Witnesse, by his gracious ordinati­on, or prouident permission, and thou must deale faithfully as the minister of God.

3 The Person sustayned by the Iudge is Gods: for he is the delegate deputie and minister of God: and though for nature, condition, and qualitie, but a man: yet for title and office, and authoritie, a God, and must square his iudgement to the will of God. Psal. 82.

4 The causes and persons to bee iudged, are Gods, mans life is Gods, his goods are Gods, the man is Gods, and God is his Father, or ma­ster, but surely his owner, and must be delt well withall, as belonging to God.

[Page 70] 5 The iudgement, as (if it be righ­teous) God did effect it, so will hee approue, auow, defend, and reward it. and therefore it must bee such as may be auowed of God.

The second reason.And now to end where I first did beginne: The Charge is from God, for the doing of iustice, and he doth enioyne and require the doing of iudgement; and wil one day call to account for what is done, not onely by his Deputie, that little God of thy Conscience, who wil sentence thee se­cretly, if thou doe amisse.

But he that is higher than the highest, Eccl. 5.7. the great God, and our Sauiour Iesus Christ, the righteous Iudge of quicke and dead, will iudge thee openly be­fore his dreadfull Tribunal. God will bring to iudgement euery worke, Et quid faciet de iniustis iudi­cijs; qui ipsas quo (que) iusticias iudicabit, qui cuique merita recitabi [...]? Bern. Epist. with euery secret thing, whether it bee good, or whether it bee euill, Eccles. 12.14. And what will he then doe with vn­righteous iudgements, who will then iudge euen iustice it selfe, who will re­cite to euery one his owne deserts? [Page 71]The Lord of iudgement will come, Veniet, inquam, veniet Dominus iudicij, vbi plus valebunt pura corda quam astuta verba, conscientia bona quam marsupia plena: vbi iu­dex non fa [...]etur verbis, non fle­ctetur donis. 2. Cor. 5.10. will come I say, and there pure hearts shall preuayle more than subtile words, good conscience than full purses: when the Iudge shall not bee deceiued with wordes, nor ledde with rewards: but will giue to euery man according to his workes: and euery one shall receiue ac­cording to that he hath done in the bo­die, whether it be good or euill.

Thus by Gods gracious assistance and your Christian attention, I haue spoken somewhat of the principall parts and passages of this charge of God, and the King, to Iudges and Magistrates, and all ministers of iu­stice: as namely, first of the instructi­ons and iniunctions for right hearing and iudging: secondly, of the per­sons whose causes are to bee heard and iudged: thirdly, of the admoni­tions and cautions against pestilent impediments which are frequent e­nemies to equitie and iustice, accep­ting of persons, and feare of mens faces: fourthly, of reasons to [Page 72]enforce the performance of the in­structions and obseruation of the cautions? There onely remaines the case of reseruation.

Now that iudiciall processe may bee rightly conformed vnto this charge of God and the King, it must be ordered with great counsell and wisedome, and dependeth much vp­on the wisedome and faithfulnesse of all the ministers and instruments of iustice; but lyeth most in the wise discretion and religion of the Iudge; who must wisely consider all rea­sons and circumstances, for the pru­dent ordering of such important af­faires, both in matters of controuer­sie, and punishment of crimes. In both which I would intreat you from the Lord, In iudiciall processe, two things princi­pally to bee respected. that you would haue most speciall regard that there bee mature progresse, in iudiciall pro­cesse: 2. and also equall moderation in punishment of malefactors.

1. Mature pro­gresse.The former of these, which I would commend vnto your care, is [Page 73]mature progresse in iudiciall pro­cesse, in hearing and sentencing, and executing of sentence, with all rea­die dispatch and conuenient speed, without procrastination, or vniust de­lay.

The Lord himselfe enioynes this vnto Iudges. Deutr. 25.1. If there be a controuersie betweene men, and they come into iudgement, that the iudges may iudge them, then shall they iustifie 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 [Page 74]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. Properandū 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 [Page 75]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 imp [...]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 [Page 76]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 Common­weale.

Reasons a­gainst vniust delay of iudg­ment.In this case its 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 [Page 61]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 [Page 78]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 [Page 79]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.

[Page 64] 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. 12, ‘The Lord is Iudge and regardeth no mans person — but heareth the prayer of the op­pressed. 13. Hee despiseth not the prayer of the fatherlesse, 14, nor the widow when she powreth out her prayer. Do not the teares runne downe the widowes cheekes? 15. and her cry is against him that causeth them. (for from her cheekes they [Page 65]doe go vp to heauen, and the Lord which heareth them doth accept them.’ Yea the Lord in the Scripture is frequent in denouncing of punish­ments and iudgments on peruerters of iustice. Ier. 5.29. Amos 6.12, 13. Habac. 1.3, 4, 5. and else where.

These things being so (beloued in the Lord) that graue aduice and godly exhortation of King Iehosa­phat to Iudges appointed by him, is worthy to be painted on the walls of all Courts and Iudgment-seats; yea to be ingrauen in the hearts of all Iudges and Magistrates and ministers of Iustice 2 Chron. 19.6. Take heede what yee do; for yee iudge not for man but for the Lord; who is with you in the iudgment. Wherefore now let the feare of the Lord be vpon you: take heede and do it: for there is no iniquitie with the Lord our God, nor respect of persons, nor taking of gifts. and remember this charge of the Lord and Moses: Heare the causes of your brethren and iudge righteously.

[Page 82] 2. Equall mo­deration of iustice. And thus much of the first thing much to be respected in iudiciall processe, which is mature progresse, or speedy proceeding therein: Now followeth the second, which is miti­gation or moderation of the seueritie of iustice. And to speake of it as far as it extends to the exercise of ciuill di­scipline and punishment of malefa­ctors. As iudgment must proceede according to the prescript of law: so must great wisdome, discretion, and religion be vsed that it be so gui­ded between iust clemencie and need­full seueritie, that the sentence be equall, and tend to publike good.

Proemijs & poenu. Solon. Quando ciues omnes poenarū metu à malesi­cijs abstiments, & benesiciorū praemȳs inritati officium facere studēt. Demost. [...]. The Common weale (as one well said) is conteined in two things, re­wards punishments. and then doth it flourish (as another obser­ued) when all the Citizens or subiects thereof abstaine from cuill-doing for feare of punishment, and are invited to do dutie in hope of reward: and that it may flourish, its the dutie of the Magistrate to punish the bad, and [Page 83]to reward the good.

Its rather to be wished than ho­ped, in this our corrupt estate, that all would abstaine from vice for loue of vertue, and hope of reward, Meliores sunt quos atrigit a­mor, sed plures quos corrigit timor. and for good conscience rather than for feare of punishment: but so seruile and vicious is the nature of man, that it hath neede to be curbed and restrained from euill, by threat and execution of correction and punish­ment: and therefore punishments are prouided, that euill ones might be taken out of the way, Vt his tollan­tur mali si esse nocentes volin­rint, aut emen­dentur si per ne­gligentiam ali­quid admise­rint Sen c. de irâ lib. 1. L rispiciendum de poenis. Nesp sl [...]a sita­uitas conciom­or, aut vtihor harmonia▪ quam seucritas cum comitate cōiun­cta. Plutarch. in Phocion. if they will needs do harme, or may be amended if through neglect they did amisse.

In proceeding to iudgement a­gainst malefactors, mercy and iustice must meete together, clemencie and seueritie must kisse each other. There must be a mercifull clemencie, yet ioy­ned with iustice, and a iust seueritie, yet moderated with equitie, lest strict law proue flat iniustice: neither is any sweetnesse more seemely, or harmonie more profitable, than is seueritie ioyned [Page 68]with humanitie. Iudgments thus mo­derated, do please both God and man. — Moderata placēt hemint (que) deo (que).

The Stoickes assertion is not con­sonant to reason, that all sinnes are equall: nor Dracoes bloody lawes consonant to iustice, that all crimes are to be punished with death. there are degrees of sins, and of punish­ments: Spare must be made euen of the basest blood. Pareimonia de­bet esse etiam vilissimi san­guinis. Senec. de clem: lib. 1. Life is deare, death terrible, and the liues of men must be precious in their eyes, who deale in matters of life and death. And a ver­dict of death must not be brought in vpon slight suspicions and vncertaine proofes. It were better a guilty person were causlesly absolued, then that the in­nocent should be vniustly condemned, that is a sinne, but this is impiety, a much more heynous, and more grieuous sin. Which I desire the Iurors would looke vnto, who, not seldome, offend, and that grossly, in this kind, in bringing within the compasse of death, such as of right ought to be acquitted. In this case [Page 69]that rule is safe and good: Placuit in om­nibus rebus po­tiorem esse iusti­tiae aequitatis (que) quam stricti iu­ris rationem. lib. 1. C. de iudi­cijs. Its better to haue respect to iustice and equitie than to strict law. Rashnes in con­demning men is to be auoyded: for he almost condemnes willingly that doth it quickly. and too much seueritie must euer be abandoned, for he doth punish vniustly that punisheth too much.

Yet for all this there must not be such clemency as doth prejudice equi­tie: for so, sin shall abound, and if iustice presse not the vniust, then shall the iust be oppressed with iniustice: and the harmelesse, help-lesse, and inno­cent sheepe shall be exposed to the rage of wolues and rauenors. Too much clemencie breedeth impunitie, and causeth liberty and licentiousnes in sin. In this case the Iudge must not be milder than the law: for wholsome seueritie, which common reason doth suggest, and publike or­der exacteth, doth excell the vaine shew of clemencie & mercy. There is both a punishing mercy, and a spa­ring [Page 86]cruelty. Such clemency is but a mercilesse pitty, as armes malefactors against the innocent. He hurts the good that spares the bad. Bonis nocet qui malis parcit. sos. Scalig. Non est inhu­manit as sed po­tius su [...]ma quaedam est hu­m [...]nitas, cum malti paucorum animaduers [...]one saluantur. and therefore its well concluded by Iustinian in his Nouell Constitutions: It is not inhu­manitie, but rather speciall humanitie, when many are saued by the punishment of a few. Iudgment must passe with needfull seueritie against notorious and euident malefactors; as for trea­sons, poysonings, murthers, and the like heynous crimes; vt poena ad pau­cos, metus ad multos perveniat: That punishment may fall on a few, feare on many. For some few must needs be punished, that more may be terrified, and all may be amended, or restrai­ned from euill. This is the sentence of the Lord himselfe against a false­witnesse-bearer: If the witnesse be a false witnesse, and haue testified fal­shood against his brother: Deutr. 19.16, 17, 18, 19, 20 then shall ye do vnto him, as he had thought to haue done vnto his brother. So shalt thou put away the euill from among you; and [Page 87]those which remaine shall heare and feare, and from hence-forth shall com­mit no such euill among you. And thy eye shall not pitie, but life shall go for life —. and the morall law doth eternally establish that the wilfull murtherer should die the death. Gen. 9.6.

I acknowledge indeed that famous Emperors haue bene much admired for clemencie and pitie; Suet. Vesp. as Titus Ve­spasian, who wept for just executions. and whereas the Emperors them­selues vsed then to iudge of life and death, Tranquill, in Tito. he was hardly drawne to giue iudgment at all, and vtterly vnwil­ling to condemne any to death. Mau­ricius, who by his good will would not haue so much as a Traytor die. Euagr. l. 6. c. 1. Augustus, in prudence second to none, yet being to examine a parri­cide, began thus: [...]an. Bod. de rep. lib. 4. cap. 6. Certè patrem non occidisti: Surely thou hast not slaine thy father. In which words he did not onely instruct the guilty person what he should answer to the Prince and Iudge, but also in admirable hu­manitie [Page 72]did pardon the parricide. Theodosius, Socr. lib. 7. c. 22. who was wont to wish that he could recall to life such as had wronged him. Nero himselfe, otherwaies cruell, who being asked to subscribe to a sentence of death, gaue this answer, Vtinam liter as nesci­rem, I would I could not tell how to write.

But be it granted that Clemency is a princely vertue (as the King of Bees is without a sting) and Bounty another, Nihil est quod Imperatorem meliùs commen­dat gentibus, quam Clemen­tia. Antoninus ad Coniugem. Valcatius in vita Cassij. which winnes much loue: for which cause Titus Vespasian was accounted the loue and delight of mankind: yet excesse herein is no vertue but a vice, when it hinders the current of needfull execution of iu­stice. And nothing is so contrary to the office of a Iudge as such mercy, when the Iudge becomes more mild than law in sparing the execution of notorious malefactors. Such impu­nitie of grosse offences, is (as one saith) a most certaine argument of the perishing estate of a Common-wealth. [Page 73]Punishments duely execu­ted are the sinewes of the weale­publike. [...]. Demo­sthenes.

True, indeed, in cases of difficultie there must be inclination to mercy. In lesser offences (once or seldome committed) mitigation of seueritie. Frequenter qui peccant & lugent, ve­niam vix merentur: Such as often offend though they mourne for their fault, yet scarce deserue pardon saith Augustine.

And Christian compassion in se­ueritie of censure commiserating the misery of a guilty person, beseemes a Christian Iudge, who (when he pro­nounceth the sentence of death) may with Augustus, Seneca in lib. de Clementia. ex imo pectore suspiria ducere; fetch deepe sighes from the bottom of his heart, and be more sorry for them, than they are for themselues: yet law must haue course, iustice must be done, that euill may thereby be taken away, that others that heare may feare, and doe no more so presumptuously; and [Page 90]that the land stand not before God guilty of blood: lest Gods sword be vnsheathed, and his hand strength­ned to the reuenging of so great and so sinfull conniuencies, when impu­nitie is permitted to bloody crying finnes. In few words to conclude this point: As those Iudges or Ma­gistrates are not to be imitated, who in acerbitie of punishments affect the opinion of seueritie: so neither those who by too much facilitie seeke loue and affect the opinion of lenitie. Both these are faults in the extreme, swaruing from the office of a Iudge, l. resp [...]iendum de poenis. as auncient lawes do teach and de­clare. Equitie walkes in the golden meane betweene rigorous seueritie which punisheth any too much; and cruell mercy which spareth a few to the hurt of many.

Application of the do­ctrine to sun­dry orders of Persons.Now it remaineth that I should apply this charge, for iustice, of God and the King, giuen by Moses to the Iudges of Israel, to our Honorable and Reuerend Iudges here present: [Page 91]neither to our Reuerend Iudges alone, but to all those ministers and instruments of iustice (sundry per­sons of different qualitie) who con­curre as assistants in the dispatch of this busines. But because my speach hath already passed the bounds of the allotted time, I seeme vrged by necessitie to forbeare the same, and to commend the particular applica­tion thereof, to your priuate, deuout and godly meditations. yet hoping your wisdomes will redeeme a litle time, by cutting off some lesser occa­sions; I will make bold to speake a litle to the principall of those per­sons, whom this charge doth so neer­ly concerne.

My Honorable Lords, you the reuerend Iudges of these Assizes, 1 To Iudges. I shall not need to speake much vnto you: because the Lord in mercy hath bestowed vpon you (to speake (as I am well perswaded) without flatterie) a great measure of wisdom & piety to deale in matters of iudg­ment [Page 76]iustly and conscionably, and you haue right well approued both to King and Country your fidelitie and sinceritie in execution of your function; in so much as we blesse God for you, and pray to God to blesse you, that you also may conti­nue a blessing vnto vs. Yet giue me leaue to put you in minde of this your charge from God & the King: Heare the causes between your bre­thren, and iudge righteously. Your wisdome and long experience haue taught you well, that that of Chryso­stome is very true: Ipsam causae inue­nire iustitiam grande opus: Lib. 3. de Sacer­dotali dignit. cap. 18. inventam verò nulla iniquitate corrumpere labo riosissimum: To find out the very iu­stice of the cause is a great worke. and therefore you had need to be very circumspect therein. and when its once found out, then to corrupt it by no iniquitie is a most laborious thing, and therefore you had neede to be very vpright therein.

And that I may ioyne with the [Page 93]reuerend Iudges, those worthie ma­gistrates, 2. To Iustices of Peace. the Iustices of Peace: you well vnderstand what a fearefull sin it is to turne iudgement into Worme­wood, Amos. 5.7. and to leaue of righteousnesse in the Earth. Ames 6.12. To turne iudgement into gall, and the fruit of righteousnesse into Wormewood. Ier. 5.28. To ouerpasse the deedes of the Wicked, to execute no iudgement, no not the iudgement of the fatherlesse, to execute no iudgement for the poore. What a fearefull sinne were it for a­ny of you to suffer through your neg­lect or partiality, iust iudgement ne­uer to goe forth: Heb. 1.4. but the wicked to com­passe about the righteous, and wrong iudgement to proceed? These are feare­full sinnes in Iudges and magistrates, for which the Lord did sharpely threaten, and seuerely punish his owne people.

Wherefore, I earnestly beseech you from the Lord, continue still, if you haue begun, to be men of courage, fearing God, dealing truely, Exod. 18. Esay. 1.17. and hating couetousnesse. And seeke iudgement, [Page 94]relieue the oppressed, iudge the father­lesse, and defend the widow, that you may safely preuent such fearefull sin and wofull miserie.

Your calling is honourable, ordai­ned of God, as a soueraigne antidote against euill, and promoter of good: Your persons are selected to this function by God. The person you susteine is the Sonne of God, who hath honoured you with the title and authoritie of God, who is pre­sent as chiefe President in the assem­blies of Gods. Your iudgement which you giue, is the iudgement of God, and he will auow, and defend both it and you, if it be iust: hee will renounce both it and you, if by your wit, or will, it be vnjust, as vnbesee­ming his Maiestie, who is iustice it selfe.

3 To Coun­sellors.You the Aduocates of justice, as Counsellors and Pleaders; I beseech you to endeuour in the feare of God to cleare your selues of those two im­putations which sometimes are layd [Page 95]vpon some of you: how iustly vpon any of you that are present, not I, but God and your owne consciences can tell you: namely first, that there is no cause so bad, but by your shifts and pretences you can make it seeme good: secondly, nor no cause so good, but by your vnskilfulnesse or vnfaithfulnesse in handling, you can make it seeme bad.

Turpe est de­fendere quod non mihi consli­terit iustum es­se. Gregor.Consider (I beseech you) that it is a verie fowle thing resolutely to de­fend what cause you know not to be iust: but when you perceiue & know it to be vniust, then by querkes and deuises to cloake and ouer-shadow falsehood, and wrong, and (against conscience) to out-face both truth and iustice, in the face of the Court, and Iudgement-Seat, before Gods Minister of Iustice, yea, God him­selfe, it is a most horrible and feare­full sinne. This were to call good, e­uill; and euill, good: Esa. 5.18. to instifie the wicked for a reward, and to take a­way the righteousnesse of the righteous [Page 96]from him: yea to draw iniquitie with cords of vanitie, and sinne as with cart-ropes. Against which manie fearefull woes are denounced. Re­member (I pray you) that worthie example of the learned and vpright Lawyer Papinian, who being desired by the Emperour Antoninus Cara­calla, to defend his fratricide of his brother Geta, answered boldly: Spartian. Non tam facile est excusare fratricidiū quam facere. Its not so easie to defend fra­tricide, as to doe it. And he would rather dye, thā vndertake the defēce of an vniust and vnrighteous cause.

And if you haue taken on you the defence of a good cause, doe not by your ignorance ouer-throw it, or by your vnfaithfulnesse betray it, and make your poore client pay ful dear­ly for your ouersight in formes of prosecution.

But be aduertised (I pray you) by vertue of this charge, to heare and iudge righteously. Informe your selues throughly in the state of the [Page 67]cause, and deale faithfully with your Client in relating what you thinke of the equitie of the cause, and issue of the controuersie. And if it bee bad, let it not by any your meanes be prosecuted with cost, lost with infamie, or wonne by iniquitie, and flat injustice.

If good, let it not want good suc­cesse, by your neglect or ouersight, or want of countenance and fidelitie in pleading: or become more costly, by your procrastinations. But vse your best endeauour, that right may be found with moderate expenses: that law may proue a speciall and speedy remedy of wrongs, and not a trap or engine to catch and insnare men; as men of all sorts doe com­monly complayne. Then though your poore Client doe not enrich you with his fees, yet shall you bee no loosers when you haue made vp your reckonings; but what is wan­ting in the poore Clients small fees, shall God himselfe recompence in [Page 98]your great accounts, and bestow vp­on you not a temporall garland, but an eternal crowne of glorie for your vertue and well-doing to the people of God. [...].

4. To Wit­nesses.You Witnesses, who shall for true testimonie to the truth, take a solemne oath of God and the King, and calling vpon the glorious name of God, vow damnation to your soules, if you speake not truth. Know that a feareful curse is gone out from the Lord, vpon all such as shall so solemnely take his glorious name in vaine.

A false Swearer is guilty two waies, Ch [...]soss. in mat 5. & est. 22. q 5. cau. quicunque. both because he takes Gods name in vaine, and because he takes his neigh­bour by deceit: yea a false witnesse is obnoxious, and offends against God, whom hee contemneth; the Iudge, whom he seduceth; the par­tie, whom he wrongeth by his false testimonie; yea, to his family, which he hurteth; and to his owne Soule, which he condemneth.

[Page 99] O be not (I beseech you) so tray­terous to God, so treacherous to the Iudge, so iniurious to your brethren, so hurtfull to your posteritie, so de­sperately prodigall of the bloud of your owne soules, as hauing layed them to God for pawnes of truth, you will wittingly, and willingly, sweare, and forsweare, against God and truth, King and Iudge, neigh­bour and familie, and your owne selues, as lewd, and godlesse, and gracelesse sonnes of Belial.

But beeing called hither by God and the King, to this seruice of your Countrey (all you that haue taken or are to take an oth) sweare in truth, Ier. 4.22. in iudgement, and righteousnesse. These three, if they be wanting, its not so much an oath as a perjurie. Dis­charge your oathes vnto the Lord. Be not so silly as not to conceiue the truth: nor so forgetfull as not to re­member truth: nor so subtile as to deceiue both others and your selues by false witnesse-bearing against the [Page 100]truth. Know what you testifie: te­stifie what you know. The whole truth, and nothing but the truth. The whole truth: be not afraid of the face of any great man, who may sit on your skirts for speaking the truth. Nothing but the truth: doe not ac­cept mens persons in iudgement. Be not corrupted with friendship, nor suborned with reward. Shake off vaine feare, cast off vaine hope. Wit­nesse for small aswell as for great: for Stranger aswell as for brother: giue a playne testimonie to truth and veritie: So shall you haue the testi­monie of honestie for your credite among men: The testimony of good conscience for comfort in your selues: and testimonie from Christ at the day of the great Assise, as fit to inhabite in his holy mountaine for euer.

5. To Quest­men, and Iurors.The charge of God and the King to all Quest-men, and Iurors, is the same in effect with that of the Wit­nesses, that they heare and giue ver­dicts [Page 101]righteously, discharging their oathes vnto the Lord.

Far be it from you (my brethren) to be such as some common Iurors are, of some, said to be; so quicke of conceit, as that they know the case before they heare it, & so readie of resolution, that they know which way their verdict shall goe, assoone as they know the partie whom they would pleasure or please, to bee the plaintife, or the defendant, before the cause bee opened, or euidence produced. But as the Law doth presume you to bee Gentlemen of choyce for wisedome and integritie, and yeomen of good note for truth and honestie, experienced in Law­courses, and cases to bee tryed: so be diligent in sifting and examming all proofes and euidences, readie to conceiue and acknowledge apparant equitie, and conscionable in bring­ing in an approued verdict, not par­tiall nor vnequall in hope of reward, or for feare of daunger: for fauour [Page 102]to your friends, or enuy to your ad­uersaries: but such as may be allow­ed of God and men, to your cre­dite and comfort, and the publique good.

Lastly, you, my brethren, the bo­die of the Countrey, 6. To the bo­dy of the Countrey. who seeke in these places of iudgement, the face the Iudge, to haue your causes tryed in matters of controuersie; or else are brought hither to be iudged in matters of crime. Follow peace with all men, and holinesse, without which no man shall see the Lord. Whatso­euer you would that men should do vnto you, euen so doe yee to them.

For matter of crime, 1. Pet. 2.17. Psal. 34.13. 1. Pet. 3.11. take those ex­hortations: Feare God: honour the King: Eschew euill, and doe good: Practise pietie toward God, equitie toward men: Liue holily as good Christians in a Christian Church: liue blamelessely as good subiects in a Christian Common-wealth. Auoid those capitall crimes, and shamefull courses, which bring men to censure [Page 103]before these iudgement seats. And, to speake particularly, Rom. 13.3. If thou wilt not bee afraid of the power of the magistrate, doe that which is good, and thou shalt haue prayse of the same, whosoeuer thou art. But if thou doe euill, then be afraid; for he bea­reth not the sword in vaine: for hee is the minister of God, a reuenger to execute wrath vpon him which doth euill. Art thou then a traytor to the King or Common-wealth, a wilfull murtherer or poysoner of thy brother: Then the sword of iustice must be sheathed in thy bloud, that euill may be taken away: that the land be not guilty of thy foule of­fence: that others may heare and feare: that sinne may bee punished in thee, and preuented in other that heare or see thee.

If thou receiue censure for some smaller offence, learne by this thy censure to amend thy life, lest a worse thing hereafter befall thee; for thy iterating of thy sinne, will [Page 104]increase thy punishment.

In case of controuersie, I beseech you all to obserue these rules: seeke peace, and follow after it: follow peace with all men. Defraud not one another. Publicè interest vt lites iniustae at (que) inanes co­erceantur; ne Magistratus querelis atque causis nihil [...] oc­cupetur, neue ciues temerè iuter se rixen­tur, pacemque turbent. L. 21. ff. si certum petatur. And if controuersies arise, vse all good meanes for the speedie compounding of them, that the Iudgement-seat be not troubled with euery trifling brawle, and need­lesse suite.

And whereas none are more rea­die than you to cry out of Lawyers, Atturneys, and such men, as vncon­scionable in peruerting of iustice, as vnreasonable extortioners, and ex­torters of fees, as defrauders and vn­doers of the Common-weale: scra­ping to themselues the fat of the land &c. Take heed that the fault and cause of these euils, doe not first issue and spring out from your selues; from your peeuish and wrongfull and reuengefull dispositions. Who­soeuer thou art therefore that com­playnest of others, take heed lest the [Page 105]fault be found in thy selfe. Prose­cute no bad cause, of hatred to hurt another, but onely good causes, and that of necessitie to relieue thy selfe. Packe no Iuries. Suborne no witnes­ses. Bribe no Iudges, Lawyers, nor ministers of justice: vse no calumnies, forgeries, or vnjust protractions, or vn-warrantable practises for the effe­cting of thy purposes in vnlawfull proceedings: for if it fall out thou be justly cast in thy bad cause, then shalt thou beare an heauie burden of iust punishment for thy wilfull pro­secution of thy vnrighteous suit. Or if by force or fraud thou preuayle a­gainst equitie, then (which is worse) thou burdenest thy selfe with the fearefull guilt of double iniquitie. And though thou get the day in the place of iudgement on earth; yet shalt thou loose the day at Gods Iudgement-seat in Heauen.

Application to all ioyntly.And now at length to grow to a finall conclusion of all; these things being so; as Iehosaphat that most [Page 106]worthy seruant of God did charge those Iudges whom he had made: so do I a poore Minister of Christ, in the name of the Lord charge you all that haue the least finger in matters of iu­stice (as Reuerend Iudges, worthy Iustices, Counsellors, Iurors, witnes­ses, and the rest) Take heed what yee doe: [...]. Chron. 19.6.7. for yee iudge not for man, but for the Lord, who is with you in the iudge­ment. Wherefore now let the feare of the Lord be vpon you, take heed and do it: for there is no iniquitie with the Lord our God, nor respect of persons, nor taking of gifts. And as Moses to these Iudges of Israel in this place: Heare the causes between your brethren and iudge righteously betweene euery man and his brother, and the stranger that is with him. Yee shall not respect persons in iudgement; but you shall heare the small aswell as the great. you shall not be afraid of the face of man: V. and last poynt. Of reseruati­on of iudge­ment. for the iudgment is Gods.

Now I should proceed to the case of reseruation: And if the cause be [Page 107]too hard for you bring it vnto me, and I will heare of it. But of this I say no more but this. That whereas these causes and matters of iudgment are farre too great for any of vs, who of our selues cannot thinke a good thought: Therefore let vs appeale to God, and to his Throne of grace for his assistance and blessing in these weighty affaires of Iudgment.

O blessed Lord God, Father of mer­cies, and God of all grace, graunt (we humbly intreat thee) to our Iudges and Magistrates, heauenly wisdom, christian courage, godly feare, vncorrupted inte­gritie in hearing and iudging: to all the ministers and instruments of iustice and equitie, vprightnes and good con­science in prosecuting and promoting of actions and causes: to all the people louing affections and peaceable disposi­tions one toward another, thankfulnes vnto thee for this thine ordinance of iudgement, and dutiful obedience to the rules of pietie, iustice, and equitie: that so vice may be punished, vertue en­couraged: [Page 108]iniustice may be remoued, equitie maintained: The common-wealth may be prospered, the Church en­larged; our poore soules may be saued, and thy great name glorified, in the ma­nifestation of thine aboundant mercie in our felicitie: and that for the merits of thine onely Sonne, and our onely Saui­our Iesus Christ, the righteous Iudge of quicke and dead; to whom with Thee, O Father, and with thy Holie-Spirit, three glorious Persons, but one only true and euer-liuing God, be ascribed of vs, and of thy whole Church, all Honour, Glorie, Praise, Power, Maiestie, Domi­nion, and Thankes-giuing, from this time forth for euer-more: Amen.

All glorie be to GOD.