THE CHARGE OF God and the King, To judges and Magistrates, for execution of justice.  
In a Sermon preached before Sr HENRY HOBART Knight and Baronet, Lord Chief justice of the Common Pleas: and Sr ROBERT HAUGHTON Knight, one of the judges of the King's Bench, At the Assizes at Hartford.  
By William Pemberton B. D. and Minister at high-Ongar in Essex.  2 CHRON. 19.6, 7. 
6. And he (Jehosaphat) said to the Judges. Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgement.  
7. Wherefore now, let the fear of the Lord be upon you, take heed and do it: for there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts.  
LONDON Printed by Edward Griffin for Samuel Man, dwelling in Paul's Churchyard at the sign of the Swan. 1619.   

TO THE RIGHT HONOURABLE FRANCIS LORD VERULAM, Lord Chancellor of England, one of his majesties most honourable Privy Council.  
AND TO THE REVEREND judges, and worthy Magistrates: the spirit of wisdom, counsel, and fear of the Lord.  
THE wisdom of God doth thus profess and proclaim to the sons of men; 
Prou. 8.15, 16.  By me Kings reign & Princes decree justice. By me Princes rule and Nobles, even all the judges of the earth. Hereby giving man to wit, that the higher powers, 
Rom. 13.1.  or eminency of authority, and order of magistracy, supreme and subordinate, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pet: 2.13.  is the ordination of God. Which howsoever it be called an ordinance of Man in respect either 1. of Man the subject, by whom it is exercised. or 2. of Man the object, about whom it is conversant. or 3. of Man, the end to whose good it tendeth; yet is still the gift and institution of God, the primary author and provident ordainer. For there is no power, 
Rom. 13.1.  but of God: The powers that be are ordained of God, to which submission must be yielded by inferiors for conscience sake to God. 
v. 5.  Which well-ground Maxim whosoever shall deny, he is worthy to be thrust out with Nabuchadnezzar to live among beasts, 
Dan: 4.32.  (unworthy the society of men) until he know that the most High ruleth in the kingdom of men, and giveth it to whomsoever he will. He that is higher than the highest, 
Eccles. 7.8.  the King of Kings, and Lord of Lords, 
1 Tim. 6.15.  the most mighty Creator and most wise disposer of all things, 
Dan. 2.21.  who removeth Kings and setteth up Kings, hath instamped his image of sovereignty in Kings and Caesar's, set the Crown upon their heads, put the sceptre into their hands, and created them chief monarchs, in their territories and dominions, over all others, next under himself. And from and by them (through the like impression made) God derives unto other Prime persons under them, their eminent dignity, in places of lawful authority. So that Viceroys, and all others, in their several ranks of government, do bear the stamp and impression of God, and the King, more or less, accordingly answerable to their distinct and several orders and degrees.  
Moreover; the better to establish and ratify this wholesome ordinance, in this excellent eutaxie, and to grace and safeguard the persons of these Delegates, as sacred and inviolable, in their commissive authority. God honoureth them with his own style and title of Gods; 
Psal. 82. v. 1.6. v. 7.  not as if they were such of their own nature and being (for so they are but men, and die they must like men, and remain accountant to him, the great God, for their dealings towards the meanest man) but through his grace communicating thus far his regency unto them. And so they are as Gods among men (as bearing God's image in their power over men) and Gods unto men, 
Hom, homini Deus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  as a common good of Gods providing (in faithful dispensation of their function) for the good of men.  
Yet further; as Magistrates are God's creation, and ordination, in regard of their function; so are they dependent on God, for ability to the execution of their function, which they receive from his effectual dispensation & providence. Counsel is mine (saith wisdom) and sound wisdom: 
Prou. 8.14.  I am understanding, I have strength. Mortal men must in no wise glory in any their own strength or wisdom, with the proud King of Assyria, lest it prove costly to them as it did unto him. 
Isai. 10.12, 13.  From God's gracious gift they receive their anointing, other hearts with Saul, 
1 Sam. 10.9.  understanding hearts with Solomon to judge the people. 
1 King. 3.9, 12.  And thus invested with these singular endowments, as with princely diadems, 
Job 29.14.  and richly furnished with those heroical virtues, of wisdom, counsel, fortitude, and fear of the Lord, they grow undaunted for courage, and constant for resolution, in undertaking & undergoing of weighty employments; faithful in dispatch of worthy services; unweariable for endeavour in speedy performances; and invincible for patience, in enduring oppositions, and clamours, of all those sons of Belial, who despise dominion, 
Jude v. 8. 2 Pet. 2.10.  speak evil of dignities, or will not yield obedience to wholesome laws, nor submit their necks to needful discipline.  
Finally; that all may be well, and all, say we, is well that ends well. The goodness of the end doth highly commend the goodness of the act. Now the end of all acts in Magistracy (aswell as in ministery) must be squared by that the Apostles Canon, let all things be done unto edifying: and nothing must be done idly or unprofitably, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Basil.  tending to no good end and purpose. governors must therefore in all their acts and designs, aim at the right end and scope of government, the glory of God in the good of men. Which end shall be most happily achieved, if they shall principally eye and respect both the Tables of God's law, whereof they are the Great-Lords Keepers. Religion or piety to God, in the first Table, the basis and foundation of a truly-prosperous polity: And equity and justice to man, in the second, the nerves and sinews of human society. Thus when Magistrates aim at these ends in government; that religion be entertained, the Gospel countenanced, and piety promoted; and, that innocency be defended, right preserved, and vice punished; and, that all be righted, none wronged. Then shall Church and Commonweal jointly and mutually live and love, grow prosperous and renowned, and God shall have glory from the well-ordered communities of men, and men felicity in blessed communion with God.  
Now all prosperous success, in use of best means for achieving these ends, must be expected and fetched from the blessing of God, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Joh: 3.27.  without whom no mortal man can ever prove happy. For a man can receive nothing unless it be given him from heaven: No counsels of man prove healthful and successful, unless God assist, and give a blessing. Which meditation is the argument of that heavenly hymn, compiled by David for his son salomon's use, or by Solomon himself, 
Psal: 127.  instructed of God with deep wisdom-political, for his own: 
v. 1.  Except the Lord build the house, they labour in vain that build it; except the Lord keep the City, the watchman waketh but in vain. It is in vain for you to rise up early, to sit up late, to eat the bread of sorrows; for so he giveth his beloved sleep. The building of the house, the watching of the City, early uprising, and late downe-sitting, assiduous labour, and carking care are all in vain, unless God assist and give a blessing. And so doth Gregory Nazianzene most elegantly paranomaze the sum and substance of that divine Psalm. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  which memorable Distich I thus, in homely English, express.  
If God give good success, envy can not prevail.  
If God deny success, labour can nought avail.  
If God from heaven shall bless and prosper, what force or fraud below can cross or control? But, if God from heaven shall cross and curse, what power or wit of man shall not prove vain and frustrate? The fencing of Kingdoms, and safe-guarding of Countries with wholesome laws and political constitutions, with Armies and Navies, with trenches & bulwarks, with leagues and alliances; yea, with infinite heaps of gold and silver (which Dionysius esteemed the adamantine bonds of Empires) is all in vain, 
Adamantina vincula imperiorum.  unless God assist and give a blessing. Most deliberate counsels and best designed attempts fail of good success, for want of God's blessing; to rebuke the pride of man's presuming weakness. And weaker means used, in want of stronger, through divine assistance, work wonderful effects; to correct man's diffidence, and to work dependence on God: according to those precepts and promises. 
Psal. 37. v. 3.  Trust in the Lord and do good: so shalt thou dwell in the land, and verily thou shalt be fed. 
v. 4.  Delight thyself also in the Lord, and he shall give thee the desires of thine heart. Commit thy way unto the Lord; 
v. 5.  trust also in him, and he shall bring it to pass. And according to that most memorable practise: we know not what to do, but our eyes are upon thee.  
And that the flourishing state of commonwealths springs out rather from the blessing of God's divine providence, then from the best forecast of human prudence, History, the witness of times, and light of truth, doth plainly testify. To which also Heathens do give their suffrages from the dim sight of human observation. 
Vbi non Deus sed mortalis aliquis prae st, ibi malorum nullum est effugium. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 4. Dei  & auxilio multò magis R●mpubl. Remanam quam ratione hominum & consilio gubernari. Cic. pro Rabitio.  For so Plato professeth of Commonweals in common: Where not God but some mortal man is precedent, there's no avoydall of any evil. And Cicero of the Roman state in special: The Roman state was prosperously governed much rather by the aid and help of God, than by man's reason and counsel human.  
And in a word, that nothing can be well done, and happily succeed in City or family, Church or Commonwealth, without the good will and good work of God, 
Ephes. 1.11.  who worketh all things after the counsel of his own will, S. Paul doth intimate, when he earnestly exhorts, That first of all supplications, 
1 Tim 2. v. 1. v. 2.  prayers, intercessions, and giving of thanks be made for all conditions of men: for Kings and for all that are in authority, that, through God's good blessing on their good endeavours, we their subjects, in our inferior condition, may lead a quiet and a peaceable life in all godliness and honesty.  
The sum of all, in short, is this: Kings as supreme, and other governors as sent by God and them, 
1 Pet. 2.13, 14.  do receive their high places, and princely graces, their function and execution, vocation and dispensation, authority and ability, and all happy success and good fruit in government, for the weal and welfare of themselves and theirs, from that alwise and all-ruling Monarch, great Counsellor, and Lawgiver, the essential wisdom, the son of God, 
Isal. 9.6. Jam: 4.12.  who (with the Father, and Holy Spirit, one true God) is the blessed and only Potentate, the King of Kings and Lord of Lords, 
1 Tim: 6.15.  the King eternal, immortal, invisible, and only wise, 
1 Tim. 1.17.  to whom from them all in all their designs is to be given, as the main end of their government, all honour and glory for ever and ever. Amen.  
Now, Right Honourable Lord, and Reverend Sages, most wise and worthy interpreters of Law, and Dispenser's of justice, great Guardians, under God and King, of Church and Commonwealth, as I freely acknowledge to the glory of God and honour of the King (for which I bless God on the knees of my heart) that God hath blessed this Land with many true Worthies, on Benches in Courts of equity and justice (bright-shining stars, restless in motion, in their orb of government:) so I most humbly beseech you to give leave to me, your servant in the Lord, (without your censure) from sincere affection, and dutiful respect to your persons, to put you in mind of that which you know right well (being so well furnished with wisdom human and divine) and I am well assured (on my small observation, and short experience) you endeavour to practise (through the spirit of grace inspiring and enabling you) for discharge of that trust reposed in you in your public employments, in this body politic, by our gracious GOD, and our religious KING.  
The thing is this.  
Sith the God of heaven and earth is the first mover, in his supreme orb of government, all you his secondary movers, in this your orb of government, in this heaven of our polity, aught to move after the will and ordination of God, and not (as in that other Heaven) by any rapt motion from your private affection, nor yet irregular from inordinate passion, nor by that of trepidation for fear of mortal man. You must in your motion run the same course, or use the same end with God himself; namely, the glory of God, in our good of Church and Commonwealth, which, as the lower earth, are preserved and cherished, with heavenly influence, through your well-ordered and well-ordering motion. And such subordination will surely cause an heavenly harmony, and heart-pleasing consent, in a circular revolution thus.  
God is the ordeyner of our King, the King the image of God, the Law the work of the King, judges interpreters of our Law, Magistrates with them dispensers, justice our fruit of Law dispensed, this fruit of justice the good of the people, the good of the people the honour of our King, this honour of our King, the glory of God, the ordainer, orderer, and blesser of all. And so in this regular and circular revolution, all motion gins in God, and ends in God, for man's felicity, and God's glory, infinitely, and eternally.  
Great, you see, is your honour: as great is your charge. A double charge; from God, 
Deut. 17. v. 18, 19, 20.  from King. God chargeth the King: God and King (whose Ministers and sword-bearers you are) have charged you. 
Rom. 13.4.  Your office then of Magistracy (as ours of Ministry) is not so much nomen honoris as oneris. 
Aug: de Civit. Dei l. 19 c. 19  Your desire must therefore be, not so much praeesse, as prodesse, to bear rule as to profit, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Luc: 21.25.  to be benefactors, for the good of men; that is your end, who are public Patrons, & oracles of your Country, Havens, and Refuges to poor distressed ones. Your symbol must be that of Alphonsus, 
Alphons. Neapolitan. Rex.  The Pelican with her own bill picking and drawing blood out of her own breast, with this inscription, Pro lege & pro grege: 
Magistra●us virio ostendit. Arist. ex Biante.  Herein will Magistracy show your manhood.  
Lastly, where as these matters of judgement are disposed and dispensed not by yourselves alone, but by many other inferior organs and instruments, who need due inspection and daily information; 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  as interpreters of Law instruct them; as Moderators of justice direct them; as charged yourselves of God and King to do justice, lay great charge on them; yea, as armed with power coactive, by virtue thereof (as far as shall be lawful and needful) as Guardians of equity, urge them to do, what God and King, law and conscience, equity and honesty exact at their hands; that this chaste Virgin justice be not by them deslowred, 
Hesiod.  that conscience of crime (in unrighteous dealing) may not inwardly 
Hieron. epist.  wound their consciences at home, nor their name and family outwardly besmeared with just reproach and ignominy abroad: But that good right be maintained, good conscience discharged, good name preserved; that God may be honoured, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  God's people benefited, the Commonwealth cherished, the Church enlarged, our communion with God and society with men may become most comfortable, happy, and blessed, while judgement and justice are equally dispensed of all manner persons under God and King, as from God, by God, and for God; as is more largely declared in this ensuing Treatise; which, being heretofore once uttered by me, and now drawn into public by effectual persuasion of others, I now make bold to present to your Honours, and Worships, because it concerns you all, though for manner not so worthy (as I well could wish) your learned wisdoms view and approbation. Well hoping, that, in your privacy and retiredness from your weighty employments, you will please to peruse it, covering what faults and slips you espy therein, with your robes of love, and Christian Charity, 
1 Pet: 4.8.  not looking at my want of discharge of my duty (which I ingenuously acknowledge, and sue for pardon thereof at the hands of God and you) but at the better discharge of your own (whereto this my poor labour, as a weak mean, would further): For so you stand charged of God, and the King: Take heed therefore what ye do, 
2 Chron: 19.6.  for ye judge not for man but for the Lord. And the Lord be with you in the judgement. Amen.  
Your Honours, and Worships, in all duty, to be commanded, William Pemberton.   

The Charge of GOD and the KING.  DEUTER. 1.16, 17. 
16. And I charged your judges at that time saying: Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.  
17. Ye shall not respect persons in judgement, but you shall hear the small aswell as the great: you shall not be afraid of the face of man, for the judgement is Gods: and the cause that is too hard for you, bring it unto me, and I will hear it.  
ALL the counsels and works of God (the most mighty Creator, & most wise disposer of all things) do proceed from the good pleasure of Gods will, 
Ephes. 1 12.  which is the cause of all causes; and tend to the glory of his name, 
Voluntas Dei omnium quae sunt ipsa est causa. Aug: de●en: contra Manich: l. 1. c. 2. Prou: 16.14.  which is the end of all ends. And that in the manifestation of his mercy, in the gracious salvation and happiness of some; and of his justice, in the deserved condemnation and misery of others. And this our natural and temporary life, which we live on earth, is, in the counsel and decree of God, a preparation and degree to a better life. And in the elect, to omit the rest, to a life spiritual and supernatural, begun on earth in this time of grace, and continued in Heaven, in that eternity of glory. This life well led, in faith and obedience, doth highly advance us to felicity and happiness: This life ill led, in infidelity and sin, doth deeply depress us into misery and wretchedness.  

The entrance of Laws.  Now that man on earth might live well, God did give him a Rule to live by. This Rule is the Law of God (the rule of piety, the square of equity) first instamped in man's nature in his created innocency. 
Antequam scripta fuit in hominum legthus, in mentibus vigebat. Ambr●● lib. 4. de Abra: hamo Patriare! cap. 4. Eph 4.24. In libro adversus Iudae●s.  For what was that Image of God in man consisting of righteousness, holiness, and truth, but Lex primordialis, a primordial Law, (as Tertullian speaks) exactly requiring and absolutely enabling the performance of duties of piety to God, and of equity to man, both in habit and act; and that in sincerity and perfection of them both? And what was the Moral Law proclaimed on Mount Sinah, 
Exod. 20.  after that man had defaced God's image, by transgressing his command, but this primordial Law renewed and repeated, as an absolute and eternal rule and square, of piety to God, 
Exod. 31.18.  and equity to man, which God with his own finger did engrave in two Tables of stone, and gave unto Moses for the use of his Church?  
This Moral Law requires observation, according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or exact perfection thereof, but it gives no ability to perform obedience. It showeth what man now aught to do, what once he could have done; but not what he now can do, nor what it will enable him to do; but accuseth and accurseth every man, as guilty of sin, for the least transgression of it. Whereupon God in mercy, to relieve man's misery, to this law of works given in Sinah, 
Exod. 20.  did add another Law, (as the Apostle styles it) the Law of Faith, 
Rom. 3.27. Is●●. 2.3. Mich. 4.2.  given in Zion, which promiseth life and blessedness to all that believe in Christ.  
The law of works, called the moral law, is grounded on nature, and may be called Lex timoris, the law of fear; because, through our impotency, it doth terrify and affright us.  
The law of Faith (which is the Gospel) is grounded on God's grace, and may be called Lex amoris, the law of Love; for God so loved us, 
Io●: 3.16.  that he gave his Son for us; and it effectually worketh the love of God in us, and reftoreth us again to blessedness with God.  
Man doth again recover this blessedness with God, while he is driven from himself and his sins, by the fearful threats of the law moral, and is alured unto Christ by the sweet promises of the Gospel, this law of Faith; and is daily renewed by the spirit of grace unto conformity to the law of works, which still remaineth, as a Rule of good life (requiring obedience of faith, 
Aug: lib. 3. ad Bonifacium c. 4. & contra Faustum Manich.  in way of thankfulness) till God's glorious image be again repaired in us, and that eternity of glory▪ be conferred upon us.  
In the mean time, for the space of this life, many disorders and misdemeanours remain still in the world. For the greater part of men will not be reform: the better part are but in part sanctified. These sin of weakness, those of wilfulness: both have need of all good helps, for reformation to good, or restraint from evil.  
Whereupon God hath in wisdom ordained human Laws, and hath appointed Kings, 
Custedes & vind●ces utriusque Tabulae D●ut: 17. Esa. 49.23.  Princes, and Magistrates to be keepers of both the Tables of the Moral Law: Nursing-fathers' and Nursing-mothers' unto his militant Church, and constant Defenders of the Christian Faith.  
And all their good Laws both Ecclesiastical and Civil are backs and props unto Gods holy Law, and, in their due and faithful execution, effectual means to procure the observation thereof. And, in a word, of all good Laws, whether written or unwritten there is a twofold end or scope, as namely, they do respect and aim at, either piety and godliness from man to God, that a blessed communion may be maintained between man and God; or equity & justice from man to man, that a comfortable communion and sweet society may be preserved between man and man.  
And surely, these human laws, of Kings & Rulers, being wisely enacted▪ and duly executed, by judges and Magistrates competent, and faithful in the execution of their function, are sovereign helps for the cure of vice, by inflicting punishment on malefactors; and to allure to virtue by conferring rewards, and defending of well-doers; and to right every man in his righteous cause, that every man may enjoy his own; That so we may lead a quiet and a peaceable life, 
1 Tim. 2.2.  in all godliness and honesty. And to this purpose are we to pray to God for them, 
v. 1.  and for this end are they designed to this function by God; 
Rom. 13.1, 4  and for the better discharge of their office and duty, they receive a charge from God and the King.  
And so to descend to our present purpose, and to apply myself wholly to time and occasion; these words, of this Scripture, do commend to our view, a special Charge given by GOD and the KING to judges and Magistrates for execution of justice.  
This Charge (I say) first is given of God; for Moses was an holy Prophet of God, and spoke nothing but from the mouth of God, or by inspiration of the Spirit of God, and therefore this is the Charge of God.  
Secondly, 
Act: 7.35. Bertram de politia judaica cap. 5. ●●utr.  I call it the Charge of the King; for Moses was Prince and chief Ruler of God's people: his authority was Regal, his power Sovereign, not differing in nature, but in name, from that of a King.  
In this Charge we may consider, 1. The giving of the Charge: And I charged your judges at that time, saying. 2. The Charge given: Hear the causes between your brethren etc.  
In the giving of the Charge, we may observe, 1. The person that gave it, Moses, I charged. 2. The persons to whom it was given, the judges, your judges.  
3. The thing given, for nature, a Charge. I charged.  
4. The time when it was given, at that time, namely of their election, and designation to their function: And I charged your judges at that time, saying.  
In the Charge given we may observe, 1. Instructions or injunctions given to the judges, which are two. First, to hear causes deliberately, Hear the causes. Secondly, to judge righteously, and judge righteously.  
2. The parties between whom they must hear and judge, propounded, first, in relation to the judges, your brethren: secondly, in relation among themselves, between every man and his brother, that is, of the same Nation, of the same Religion: neither only so, but (as the meaning is more plainly opened) between every man and the stranger that is with him. A stranger, for kindred, Nation, or Religion, is yet a brother for common nature, and human condition, and therefore must have right done to him as being a brother.  
3. Admonitions or cautions against pestilent impediments, which are frequent enemies to equity and justice; and they are two.  
First, Acceptation of persons, on sinister respects: Ye shall not respect persons in judgement, but you shall hear the small aswell as the great.  
Secondly, Fear of men's greatness who will be offended at justice: You shall not be afraid of the face of man.  
4. Reasons to enforce the performance of the injunctions, and observation of the cautions: 1. for the judgement is Gods. 2. The charge is from God, as in the first words, I charged. As if he should have said; God hath charged you to do right; God will maintain you in doing right; therefore hear deliberately, judge righteously, accept no man's person, fear no man's face, but do right to the small as well as the great; to the stranger as well as the brother.  
5. A case of reservation of judgement in causes too difficult, by consultation or appeal to the chiefest judge: And the cause that is too hard for you bring unto me, and I will hear it.  
And this I take to be the intent and substance of this Charge of God and the King, given by Moses directly to the judges of Israel, but in them to all other judges and Magistrates; yea all other officers, all ministers and instruments of justice (for the hand of justice hath many fingers) as Counsellors, Pleaders, Advocates, Solicitors, sheriffs, jurors, witnesses, and the rest. And it doth merely concern, both God and King, Church and Commonweal, and every state and person in them both, and affords fit matter for this present occasion, and profitable direction for all such purposes. In speaking whereof, that I may say something of every thing, I must be short in all. And in all and every thing, I do most humbly crave, God's powerful direction, that I may be able to speak; your favourable attention, that I may be heard; and Gods gracious blessing upon that which shall be spoken and heard, that it may redound to God's glory, and to our profit and comfort, and so I proceed.  

First general Part. Giving of the charge.  
The first general part formerly propounded, is the giving of the charge: And I charged your judges at that time saying. 
I. Point. The Persons who gave the Charge.  And the first particular therein observed, was the person who gave it, I, that is, Moses. This one person Moses sustains a double person: 
1. God.  First of God, as he was a Prophet of God, and spoke from the mouth of God. 
2. The King. Prudentiss●mus Legislator, ●ustissimus Princeps, ac Propheta maximus. Philo in vita Mosis.  Secondly, of a King, as he was the chief Ruler and governor; 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, immediately called of God, to this holy function; immediately assisted and directed in his execution by God: and what he enjoined to this people, he received it from God; from God's mouth, or by inspiration of his Spirit, or by some such special and infallible information of God.  
Moses elected judges to help and assist him in judging of causes (with variety and multitude whereof he was overcharged) and this he did by the wise and godly counsel of his father in law jethro, 
Exod. 18.  yet upon consultation also first had with God, and express answer from the heavenly Oracle. For so jethro advised him Exod. 18.23. If thou shalt do this thing (that is, elect some assistant judges) and God command thee so, then shalt thou be able to endure. And the conscience of Moses consulting with God did give testimony to this advertisement of jethro as the counsel of God: and therefore this election of judges by Moses was in deed and effect, the election of God; and this Charge given to these New-elect, was accordingly the charge of God. Whence it followeth as a ground of all that I have to speak, that  
The charge for right execution of justice given to judges by the Prophets of God is to be accounted the charge of God. 
Doctr.  This charge God giveth sometimes immediately with his own mouth: 
Exod. 10.  thus God proclaimed the Moral Law, which contains all the grounds of equity and justice, by his immediate voice; and delivered to Moses not only the Ceremonials, but also judicials by his immediate direction: and by Moses unto the Church, as Leuit. 19.35. Ye shall not do unrighteousness in judgement, in line, in weight, or in measure. And Moses in the execution of his weighty function, did consult with God, in his heavenly Oracle; as did also David, and others, 
1 Sam. 3.7, 8.  in cases of difficulty, not expressed in God's word. And God directed joshua, 
Josh. 1.1, 2.  after the death of Moses.  
God gives this Charge sometimes by his instruments, as Prophets, Apostles, and Ministers of the Gospel: By Prophets, as by Moses to these judges in this place; and so by Isaiah to the judges of judah, Is. 1.17. Seek judgement, relieve the oppressed, judge the fatherless, plead for the widow. By the prophet jeremiah to the King of judah and his servants, jerem. 2.2, 3. Execute ye judgement and righteousness, and deliver the spoiled out of the hand of the oppressor: and do no wrong, do no violence to the stranger, the fatherless, nor the widow, neither shed innocent blood in this place. And Chap. 21. v. 12. O house of David, thus saith the Lord, execute judgement in the morning, and deliver him that is spoiled out of the hand of the oppressor. By the kingly prophet David, Psal. 2.10. Be wise now therefore, o ye Kings: be instructed ye judges of the earth. By the prophet Zachary to the jews, Thus speaketh the Lord of Hosts, 
Zach. 7.9.  execute judgement, show mercy. And again, 
Zach. 8.16.  Execute the judgement of truth and peace in your gates.  
By his holy Apostles unto Christian Magistrates, as the Apostle S. Paul (one for all the rest) sets down the office and charge of a judge or Ruler, Rom. 13.3, 4. saying, Rulers are not a terror to good works but to the evil: again, The Ruler is the minister of God, a revenger to execute wrath upon him that doth evil.  
Lastly, God gives this charge by the Ministers of the Gospel, 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 Timothy of St. Paul) before God, 
2 Tim. 4.1. 1 Tim. 5.21.  and the Lord jesus Christ, and the elect Angels, that we observe all that God enjoins us without prejudice, and we must do nothing of partiality, but must divide the word of God aright, 
2 Tim. 2: 15.  dispensing Gods mysteries as his faithful stewards, and giving to our Lord's family, to each one his due portion, 
Luc. 12.42.  in due season: and so prescribing to judges and Rulers their duties from God, as we ourselves expect to be judged of God; and we must not dare to corrupt the word of God; but as of sincerity, 
2 Cor. 2.17.  as of God, in the sight of God, so ought we to speak in Christ: and so I desire to speak unto you.  
Wherefore, right Honourable and beloved in the Lord, 
Use.  let me entreat you from the Lord, that you receive from us, who serve God in this function, our charge for justice as the charge of God; not measuring the weight of our embassage by the meanness of our persons, but weighing the worthiness of our calling, and giving entertainment to the truth, which we speak according to God's word, not as the word of man, but of God; always remembering that of our Saviour to his Disciples, and in them to us; 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 solemn disputation in the University. The King himself ought to obey the Minister, 
At Cambridge March 16 14.  tanquam spirituali medico ex verbo Dei praescribenti, as to a spiritual Physician prescribing to him out of the word of God. And this accords with his majesties instructions to the Prince his eldest son; 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 10.  When any of the spiritual office-bearers in the Church speaketh unto you any thing that is well warranted by the word, reverence and obey them as the Heralds 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 gives this Charge.  The second person whom Moses sustaineth in giving of this Charge is the person of the King; for he was designed chief Ruler and judge of God's people: his authority was Regal, his power Sovereign, though he governed also by others as assistants and counsellors.  
Whence Kings and chief Rulers may take pattern for their practice, 
Doctr.  to give special Charge to their Delegates and Deputies, to execute just judgement unto the people. For so Moses the chief Ruler gave charge to these new-elected judges and Rulers to hear and judge righteously the causes of all men. Such a charge, for a farewell, did holy King David give unto Solomon his succeeding son, 1. King. 2.2, 3. I go the way of all the earth: be thou strong therefore, and show thyself a man. And take heed to the charge of the Lord thy God to walk in his ways, and to keep his statutes etc. When he further enjoins him, according to his wisdom to execute justice on joab and Shimei, and to show mercy and kindness to the sons of Barzillai. The Egyptian Kings were wont (as Plutarch reporteth) by the custom of their country, to give an oath to such as were appointed their judges, that they should not speak or do unrighteously in judgement, though the King himself should charge and command them. Which commendable practice Trajan the Emperor did worthily imitate, and gave a drawn sword to the Praetorian Lieutenant before all his Nobles, saying unto him: Si bonus fuero pro me utitor (hoc gladio) sin malus contrame. If I shall be good use this sword for me, if evil, against me. or thus: Hoc gladio pro me utar is, donec justa fecero: si iniusta secero, contra me utaris. As long as I shall do those things which are just, use this sword for me: if I do things unjust, use it against me. A fact and speech most worthy an Emperor! whose example, at least in the scope thereof, is fit to be imitated of every good King; who ought to acknowledge, that God hath advanced him, as a little God, 
●s●l. 82.  to sit on the Throne, and to rule over all others for the common good of all. The oath which the King administereth to judges, binds them to strict observation of justice, as it is recorded in the stature of the 18. of Edward the III.  
Ye shall do even law & execution of right to all his subjects rich and poor, 
The oath of judges 18. Edw. 3 printed anno D●mius 1578. p 106.  without having regard of any person. And that ye deny to no man common right, by the King's letters, nor none other man's, nor for none other cause, and in case any letters come come to you contrary to the law, that ye do nothing by such letters, but certify the King thereof, and go forth to do the law, notwithstanding the same letters. And this is agreeable to the commandment of Antiochus the King of Asia; That if letters came from him, or his Nobles to interrupt the course of justice, they should pocket them up, supposing them to be unwittingly written, and so to proceed in a strict course of justice.  
A good King gives straight charge for execution of justice, because he knows that the power of government is as well onus as honos, a burden, as an honour, ordained for the common and uninersall welfare of all his subjects, 
Salus populisupr●ms le●● est●.  whereof account must be given to God. And he is always in his own estimation Magnus reip. servus, 
Colimus Imperatorem, ut hominem a Deo secundum, & sole Deo minorem. Tertu●. ad Scap. Super Imperatorem nox est, nisi s●lus Deus qui fecit Imperateren Optat. contr. Parmenian. lib. 3  the great servant of the Commonweal; for place and authority advanced, and that most worthily, above all both persons and states; and yet in princely clemency respective 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 ullum super terram non babet. Chrysost. ad pop. Antioch. ham: 2. Patriae parens.  the best; a common, yea an universal good, who promoteth peace and public welfare, accounting all his felicity, as he is a Prince, to consist in well-governing his Commonweal, and in bestowing his life, for the good thereof (if need require) as the Emperor Alexander Severus professed of himself.  
Now then, as it is the highest dignity, and most nearly annexed to the Royal Crown of a Christian Prince to have the title of prerogative to be Defender of the Christian Faith, and to have supreme authority over all causes and persons Ecclesiastical and Civil: so it appertaineth to him by that high authority to manifest his care for the common good, as in making and executing of good and laws for the promoting and establishing of Religion, and justice: 
Rex quia h●mo est, D●mino ser●it viuen●o fideliter: quia v. ro●tiam R●x est, seruit, l●ges justa praec●pi● n●●s & con●●ar●a prohibentes, convenienti vigore sanciendo. Aug: epist: 50. ad Bonisa. ium. Idem contra Cresconium l. 3. c. 51.  so also in electing good Delegates, and competent judges and Ministers of justice: and in charging and obliging them by all bond of duty to use their authority to promote the public good, in examining and deciding all causes and controversies, with righteous judgement and due execution of justice, which is the very life and soul of good and wholesome laws.  
And thus much of the person who gave the Charge, GOD & the KING: Now of the persons to whom the Charge was given, judges and Magistrates.  
Your judges. 
II. Point.  That is not only judges in the most strict and straight notion & signification of the phrase; but all Magistrates also and Ministers of justice; at least, by true and necessary consequence.  
And most meet it is surely that such a strict charge should be given by God and the chief Ruler, 
Doctr.  to such as were elected and designed to be judges. For they are, for trust, keepers of the Law; and, for their office, speaking laws; and, by their power and authority under God and the King, principal swayers and dispensers of equity and justice. And as Masters and Pilots in the ship of the Commonwealth, who sit at the stern and guide it forward, through their wisdom and fidelity, in an even, a prosperous, and successful course, unto the desired haven of peace and prosperity: But through their careless neglect and heedless oversight, they cause fearful shipwreck and miserable ruin.  
And you know right well, that when judges and Magistrates become wise and faithful, in deliberate sanxion and due execution of good and wholesome laws and statutes, that then, by their good means, and Gods good blessing, God's laws are backed, his ordinances established, piety is promoted, equity preserved, the Church is made pious, the Commonwealth prosperous, our communion with God and society with man becomes most comfortable, happy, and blessed. But when Rulers and Magistrates do swerver in government, growing careless & negligent, ungodly & unjust, abusing their authority or neglecting their duty; then through the just judgement of God, and malice of the Devil, and the unbridled fury, and unbounded outrage of lewd, and savage, and unreasonable men, all things in Church and Commonwealth grow disordered and confused, and finally fall (unless godly wisdom in Rulers timely prevent) into fearful ruin, and dreadful desolation.  
Wherefore for the prudent preventing of this so fearful evil, and provident procuring of that so hopeful good, all Rulers and Magistrates, yea all ministers of justice, (Sheriffs, Counsellors, Advocates, jurors, witnesses, and the rest) (who are but men, and subject to sliding, of wilfulness or weakness) had need to receive their charge and direction, from God and the King, for the better discharge of this important business, for the glory of God, who hath highly exalted them, and for the good of others, over 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 enlargeth the sum 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 given, a Charge.  And thus much of the persons, to whom this Charge was given: Now I proceed to the third particular; which is, the nature and quality of this thing, which Moses gave to the judges, which is a command, a precept, or a charge. I charged your judges.  
Now this being a Charge given of God and the King, 
Doctr.  who are in degree the highest, it doth charge the conscience in the highest degree, & exacteth employment both of body & mind, for the exact discharge of this office & duty; and that in such sort, that an approved account may be well and readily made, not only to the King and principal Ruler, but also to God himself, the King of Kings, and judge of judges, 
Exod. 18.25.  even the judge of the whole world. And for this cause it is religiously provided, that an oath of the King, yea of the Lord is administered to inferior judges, yea to jurors and witnesses, the ministers and instruments of justice, for the faithful discharge of this weighty duty, so heavi-charging, if not overcharging, the souls and consciences of all, who bear any part in the matter of judgement.  
Wherefore, 
Use.  by virtue of this Charge, let all be admonished who have the least finger in matters of justice (for it doth not concern the Reverend judges alone) let all (I say) be admonished in the name of the Lord to account themselves charged to such performance of duty, as whereof they must be accountant to God and the King. And therefore let religious care be had of all both judges, ministers and instruments so to demean and behave themselves, as sincere and faithful servants of God, and trusly and loyal subjects to the King, that they may receive for their pains, to their credit and comfort, both human and divine applause and commendation.  
And thus much of the nature of this speech, in that it is a Charge. Now time and desire do hasten me forward to consider the time when this Charge was given.  

iv Point. The time when this charge was given.  [At that time] that is, assoon as these were elected judges. In the fortieth year, the eleventh month, and the first day, after their departure out of Egypt. Two months and a few days before their entrance into the land of Canaan, where this their authority was to be exercised; and not so long before the death of Moses the servant of God, their principal Ruler, who died the twelfth day of the twelfth month, as may be collected out of Deut. 34. & Josh. 1. & 4.  
O consider, I beseech you, this charge of Moses to the judges, how fit, how timely, how seasonable it was.  
1 Assoon as they were selected and designed to this office, that they might deliberately meditate and fore-bethinke themselves of their duty and charge.  
2. Before execution of any part of their function, that in the beginning thereof they might lay such a good foundation, that they might the more hopefully expect successful proceed.  
3 A little before their entrance into the land of Canaan (their promised land) that their inheritance might not be polluted through violation of justice, in their first possession thereof, and habitation therein.  
4 And a little before the death of Moses, their chief Prince and Lawgiver, that they might not be left destitute of direction for matters of judgement, after the loss of so worthy a Governor.  
Wherefore timely and seasonable aught to be the charge which Kings and Princes give to their Delegates, 
Doctr.  the judges and Magistrates: and which judges and Magistrates give to the People their inferiors; even in the entrance of their function, before execution, that they may not swerver from justice, through ignorance, for want of direction; nor transgress through presumption, for want of admonition. And so timely and mature aught to be the charge, instructions, and admonitions of Parents to their children, of Masters to their servants, and of all Superiors to inferiors under their charge. But to apply myself only to this, this time and occasion.  
I only observe that its prudently provided (which is constantly practised) that our reverend judges of Assize (having received first instructions from the King) make way in their entrance unto judicial process, 
Use.  by giving of their charge: wherein they do with great learning and piety, give such wise directions, such grave admonitions, and such needful and seasonable exhortations to the body of the Commonweal, whom these businesses do concern: that unless men be simple, they cannot be ignorant, and unless they be wilful, they shall not make default, in discharge of the duty and office wherein they are employed.  
And so much of the first general part of this text, the giving of the charge. Now I come to the second, and principally intended, the Charge which was given; the tenor whereof is this: Hear the causes between your Brethren, and judge righteously, etc.   

Second general Part. The Charge given.  

I. Point. Instructions, and Imunctions.  In this charge given, there come first to our view, the Instructions and Injunctions, which are given to the judges, which are in number two: 

to hear deliberately.  
to judge righteously.    
And for preparing of our passage to the handling of them, we are to consider by way of Preface: First, what are the Causes to be heard and judged: Secondly, what is the Rule of righteous judgement.  
For the first: the Causes which fall into the consideration of judges, are (by Plato) reduced to two heads: 
Omnia judicia aut distrahendarum controuersi●rum, aut puniend orum maleficiorum causa reperiae sunt. In disceptan●● controversijs, tuenda disciplina. justinian.  to do Injury: to do Evil: and (as Cicero doth accordingly write) All judgement was devised either first for the deciding of controversies, or secondly, punishment of malefactors.  
The matters then (as our reverend judges also tell us) are Civil, or Criminal, that concern right between man and man, or punishment of crimos. And therefore to give to every one his own, and to redress injuries is a principal office of justice distributive. And to punish malefactors in causes criminal, is an office of justice vindicative, as necessary for the good of the commonwealth as the other. Now this charge is to be observed in all kinds of causes, whether trespasses or crimes: 1. hear: 2. judge righteously. 2. The rule of righteous judgement is the Law; for the Law is a silent magistrate, & the Magistrate a speaking Law: Now the Law, this rule of judgement, is human, or Divine; and the order for conformity of judgement must be this.  
Man's Law must be subordinate to God's Law; the judges sentence to man's Law, and therewithal to Gods Law. 
Leges cum fuerint instit●tae non licebit indici de ipsissed secundum ipsas ●●dicare. Aug.  Laws being once well established, the judge must not judge of them, but by them, as an Interpreter or them: and the Interpreter must have the same meaning with the Law maker; otherwise (wresting words strictly, contrary to the meaning) summum ius becomes summa iniuria, strict law, flat injustice.  
These things being premised, the directions or injunctions given to the judges are two: first, to hear; and second, to judge. Within which three degrees of judicial process (which is the lawful handling of the action) are included or comprised: first, Hearing; secondly, discussing; thirdly, sentencing of causes: upon which (as a consequent) follows execution: or thus, first hearing of the cause, secondly, giving of the sentence, thirdly, execution of the sentence pronounced; which some take to be meant by that clause, Ye shall not fear the face of man. But under correction, we may take it thus: These duties as three degrees in judicial process, are given in charge by Moses to the judges: first to hear causes wisely and deliberately: secondly, to sentence the causes heard, justly and equally: thirdly, to execute judgement according to sentence given faithfully and exactly: or more briefly thus;  

Three degrees in judicial process.  The judicial process hath three degrees; to hear justice; speak justice; do justice.  
To which are required three things in a judge, an eye of knowledge, a tongue of truth, an hand of power. And this is also the order to be observed therein.  
1 There must first be hearing, before the sentence be given, else how can the sentence be just?  
2 Sentence must be given before execution be done, else how can the execution be warrantable?  
3. Execution must follow upon sentence given, else to what is such process profitable? But when causes are deliberately and discerningly heard, so as the truth is seen as in the clear glass of wisdom: when Sentence is justly and equally given, as the cause bears weight in the balance of equity. And when sentence is thoroughly and exactly executed, as with a sharp sword of sufficient power, then are these injunctions and directions of Moses faithfully observed, and sufficiently performed.  

The first degree. To hear justice.  The first degree in judicial process is the hearing of justice, or of the cause to be judged: and this must needs be first; else no just sentence can be given. Right judgement doth presuppose sure knowledge. You know the saying; Si iudicas, cognosce: If ye will judge, 
Senec. Trag.  take notice of the cause, for the cause must be known before it can be judged, and first heard, that it may be known. 
Qui statuit aliquid part inaudita altera, aequum licet statuerit haud aequus erit. Senec. Plaut. Gen. 11.5. Non humano modo hoc intelligamus, sed ut per hoc erudiamur, nun q●ā temerè fratres condemnandos, neque auditu solo judicandum, nisi pluribus argumentis priùs certi reddamur. Omnia enim ideo à Deo fiunt & ob hoc tantâ ad erudiendum humanum genus utitur sermonis attempera●ione. Gen. 18. v. 20. v. 2.  And he that shall give sentence, either party not first herd, though his sentence prove equal, yet is he not an equal judge. The Lord himself observes this order of process, where it's said That God went down to see the City and Tower which the Nimrodians had builded. On which place Chrysostome doth well observe, that God's spirit doth declare by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (or human kind of speech) that men ought not to condemn their brethren before certain knowledge and notice of their cause. And before the final sentence of destruction be passed on Sodom, the Lord first takes notice of their estate; saying; Because the cry of Sodom and Gomorrha is great, and because their sin is very grievous; I will go down now, and see whether they have done altogether according to the cry of it: which is come to me: and if not, I will know. The Lord who knew all things of himself, will also take notice, as by judicial process, thereby, as in a Table, to commend to our view, as in a lively picture or perfect pattern, the order to be observed in judicial proceed for human profit and constant imitation. And thus God first heard the Israelites groan under the burdens of Egypt, 
Exod. 2. v. 22.23▪ 24.  and then, and not before, he sent deliverance.  
To teach all judges, 
Doctr.  who bear Gods-Image and title in their office, to follow him, as their pattern in the execution thereof; not precipitating sentence before due consideration, & well-weighing, and discerning the equity of the cause: for if God did so, who is the knower of all things, who cannot be deceived, misled, or corrupted; much more ought men give diligence hereunto, who are daily subject to be mistaken, through oversight, to be misled by affection, transported through passion, precipitated with prejudice, and deceived with colourable pretences, and glosses.  
But here I shall not need to prescribe to our reverend, godly, and well-experienced Moderators of justice, but only point at such things, as they know, and which, on occasion, I have sometimes observed, to be religiously practised, in their judicial process: and this I shall the rather be bold to speak, that inferiors of less, both knowledge, experience and conscience, may take notice of such virtues, for due approbation of them in their betters, and respective imitation of them in themselves.  

Hearing is either 1. simple hearing. 2. Discussing.  Now this hearing which tends to the notice of the cause, is either a simple hearing of both the parties, or else an accurate discussing, and examining of their evidences and proofs.  
The first is the equal hearing of all persons, both actor & reus, 
1. Hearing.  plaintiff and defendant, Small as well as great. 
Ier 26. v. 2.3.4.12.16.  This was observed in the arraignment of jeremiah the Prophet, whom the Priests and Prophets apprehended and convented before the judges, and accused capitally as worthy of death, for denouncing Gods judgements against juda at God's command: jeremiahs' defence was accordingly heard, & he acquitted by the Princes and judges. 
joh. 18.29.  Pilate thus far demeaned himself well in the case of our Saviour, while he would not give credit to the highpriests accusation, but would hear the poor defendant, as well as these plaintiffs, though men of chief place and authority amongst them. Nicodemus did reason like a worthy judge, and prudent Magistrate; Doth our Law condemn any man before it hear him, 
joh. 7.51.  and know what he doth? But the rest, his unjust and unequal Brethren, did take him up very sharply for it, and resolved to condemn Christ absent, and unheard in his just defence; whereas the most gross, and most vile malefactor ought first to be convicted, by two witnesses at the least (Deutr. 19.15.) before sentence of judgement be passed against him. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demosth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ante meridi●m causam conscito cum perorarint ambo praesentes. 12. Tab.  He that answereth a matter before it be heard, it is folly and shame unto him, saith the Wiseman. Prou. 18.13.  
It was the equity of the judges 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 judicare.  to hear both parties alike. And an Injunction set down in the 12. Tables, at ancient Rome: Before midday take notice of the cause when both the persons in presence have pleaded.  
And it was always accounted a most heinous offence, 
Lucianus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato in Demodico ex Poeta.  to sentence, or condemn men, their causes not first heard. And prudent provision is made by all good laws, that judgement be not given before the cause be heard. 
2. Discussing. judicantem oportet cuncta rimari, et ordinem rerum plenna inquisitione decurrere, quousque ad veritatem perveniatur. E lentherius.   
As there must be a simple equal 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 judge have heard of an abomination done (as the seducing of God's people) he must inquire, make search & ask, and that diligently, (great is the emphasis and weight of the words) and if it be found certainly true, then must he punish. Deutr. 17.4.5.6. 
joshuah. 7.22. 1. Sam. 14.43. jonah. 1.8.10.  joshuah would not condemn Achan upon God's Lot, and his own confession, until he found (by search) his confession to be true: Not Saul jonathan; nor the Mariners jonah taken by lot, until examination and hearing of their answer and defence: 
joh. 7.  and Nicodemus doth take it an express point in God's Law, That a man ought not to be condemned upon bare hearing, no not till it be known what he hath done. Thus did righteous job, in his legal process. The cause that I knew not, I searched out, job. 29.16. And thus far did Pilate well in the cause of Christ, 
Act. 25.27. Act. 24 22.27.  joh. 18.30. And Festus the Precedent of Caesaria, and Foelix his Predecessor in the case of St. Paul. And salomon's wisdom was experienced and admired in that first case of the two harlots, who contended for the child, 
1 King. 3.  when after strict examination, through a wise invention and semblance of dividing the quick child, he did extort a confession from the true mother, by strange commotion of her natural affection. And God himself doth often inculcate this as the duty of the judge: The judges shall make diligent inquisition: 
Deutr. 29.18.  and for this cause they had need both to have, and use those excellent parts of wisdom and understanding, which God requireth of them, and bestoweth upon them. Deutr. 1.13.  
How needful and helpful in judicial process is the exquisite and accurate discussing of the cause, it may appear by this; that the more exactly the cause is discerned and known, the more just sentence may thereof be given, as Great Demosthenes did well observe.  
Wherefore there are required (as you know right well) in a judge or Magistrate in hearing of causes, that they may be equally heard and exquisitely discussed, 
Things to be observed in hearing of causes.  sundry things to be observed and practised.  
Serious attention to the matter in hand, that no material proof or important reason, tending to evince the equity of the cause, through heedless neglect be omitted or let pass, without observation and notice taken thereof. For as one well learned and experienced saith well: 
In eo sape quod aures praetervectum est, status causae versatur. Joan. Bodin. de repub.  In that oft-times which passeth by the ear, doth the state of the cause consist.  
Wise moderation and ordering of the process; that impertinent digressions, odious invectives, and calumnious imputations among pleaders or witnesses, used to prejudice the contrary person or cause, be seasonably interrupted, and sharply rejected, and that neither party be hindered, by his adversaries rash interruptions, and caused to omit, or conceal, what may make for his purpose, and to clear the equity of his just and equal cause. It is the part of the Pleader or Advocate, 
Arist. lib. Rhet.  only to declare whether the thing be so or not so, done or not done; whether just or unjust the judge himself must know.  
And here I desire the learned and experienced Moderators of justice to consider, whether (for the most part) the wrong-doer be not the more peevish and clamorous, and best armed with Pleaders and Advocates against the innocent?  
There must be invincible patience, and unweariable forbearance, of the slowness of speech, dullness of conceit, rudeness of behaviour, and other infirmities and weaknesses of many the meaner and inferior sort, whose testimonies for others, or defences for themselves, in judicial process, are of necessity required. Such wants and defects must be passed by with charitable forbearance and compassionate respect.  
All unquiet affections and inordinate passions, of hatred, love, envy, anger, rash zeal, or the like, must be quite put off, and wholly laid aside. Desire and anger are ill Counsellors, worse judges. 
Consultores sunt p●ssimi cupido & ira. Sallust. Amor turbat constia. Hieron.  Love troubleth counsels. Envy never speaks well (that is justly) saith our common Proverb. Yea, all inordinate affections blind the eyes, and prejudice judgement, and therefore all dealers in judgement, especially the chief swayers, must speak 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, without affections. It was the oath of the Heathen judges, as the Orator doth report: 
Audiam accusatorem & r●um fine affectibus & personarum r●spectione. Demosth.  I will hear the plaintiff and defendant with an equal mind, without affections and respect of persons.  
Not to insist particularly on more particulars, there must be firmness of memory to recall such evidences as were of most moment on either behalf; and wisdom and knowledge, and a kind of dexterity in conferring and comparing cause with cause, and reason with reason; and judgement and learned skill in the laws, both divine & human, to weigh the proofs in the balance of justice, and to discern and distinguish of just and unjust, that so the cause may be fitted for sentence: else cannot the sentence prove just and equal, 
Isai. 5.20.  but good shall be called evil, and evil good; the wicked shall be absolved, the innocent condemned. For that of Augustine is certainly true, Ignorantia judicis est calamitas innocentis: 
Aug. de Civit. Dei l. cap. 29.  The ignorance of the judge is the calamity of the innocent. It was the speech of a learned man, 
Quis est qui nescit tam multa in boni judicis officio posita esse, ut seritissimos etiam ac diligentissimos fugiant?  very well seen and experienced in this kind; Who knows not that so many things are required in the office of a good judge, that they easily escape the most skilful and diligent? And therefore in a word, Use. I to conclude this point, all the will and skill, use and exercise of heart and ear, body and mind, had need to be employed in hearing of causes; that all the weight, of right or wrong, being put into the balance of equity and justice, it may be discerned, by the understanding judge, which of the scales is of greater poise and weight.  
But for want of these and such like observations in this first degree of judicial process, 
2 Use.  there was much injustice and sin committed by judges and Magistrates in the case of 
a Gen. 39.14.  joseph, of 
b 2 San. 16.13.  Mephibosheth, of 
c 1 King. 21.13.  Naboth, of 
d Am s 7.10.  Amos, of 
e Mat. 26.59, 60.  Christ jesus, of 
f Act. 6.13, 14.  Stephan, of 
g Theodor hist. Eccles. l 1. c. 29. Socrat. lib. 1. c.  Athanasius, and very many others, as Histories do record, and experience doth declare.  
And thus much of the first degree of judicial process, of the hearing of justice: Now I proceed to the second degree, which is the speaking of justice: and judge righteously.]  
After the cause is discerningly heard, 
The II. Degree. To speak justice.  then is judgement to be justly given, and sentence to be equally pronounced: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  not according to affection and favour; but according to justice and truth: according to the prescript of wholesome law, which is the square of equity; the law (I say) of Man, and the law of God. For as the law of the King, who is the Head of the Commonwealth, is the life of this body Politic: so is the law of God the soul 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 equity and justice: so the sentence of the judge must be conformed to the law of God, and the King, that it may be an equal sentence. For the Law is nothing else but a silent Magistrate, and the Magistrate, a speaking law, or a speaker of law. And a judge or justice is a speaker of justice, and judico is ius dico. 
Judex hine dictus, quod ius populis dicat, quod iure disceptet, id est, 〈◊〉 judicet: judex in quo iusi●tia des●d●ratur, esse nequeat judex Isidor.  And therefore a judge or justice, in whom justice is not, is not a judge, but by equivocation. It is the injunction of the law divine: judges and officers shalt thou make: and they shall judge the people with just judgement. Thou shalt not wrest judgement. That which is altogether just shalt thou follow. 
Deutr. 6. v. 18, 19, 20.  Worthy an Emperor was the profession of justinian, which I would commend to your godly imitation: 
Aequam me utrique parti, tam in disceptandis controversiis, quam in tuenda disciplinâ praebebo. N●utri par●i praeter 〈◊〉 & sas ad●●ctus 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 jesu Chrisii: habeboque partem cum juda, & lepram c●m Huzziah, & trem rea● cum Cain.  Aequum me utrique parti tam in disceptandis controversiis, quam in tuenda disciplina praebebo etc. I will show myself equal to both parties; as well in deciding of controversies, as in defending of discipline. I will favour neither part beyond law and right, and if I shall not observe these things, I shall be exposed to all discommodities, both here and in the world to come, in that dreadful judgement of our great Lord God, and our Saviour jesus Christ, and I shall have my portion with judas, the leprosy with Huzziah, and trembling with Cain. O memorable sentence worthy to be engraven in the very heart of judges and Magistrates, with the point of a Diamond, yea with the finger of God's spirit. And so much of this.  
Now we are come to the last degree of the duty of a judge in judicial process, 
The 3 Degree. To do justice.  which is the doing of justice, or execution of judgement pronounced.  
After the cause is discerningly heard with the ear of justice, and the sentence equally pronounced with the mouth of justice, then must execution be exactly done by the hand of justice; both in rendering to every man his right, and also in freeing the innocent, and punishing malefactors. For unless this exact execution do follow, the former process is altogether fruitless, and tends to no profit or good effect. But in matters of controversy the party oppressed stands still unrelieved, after all his cost and painful travail. And in matters of crime, enormities and disorders remain still unreformed. And in both, both Church and Commonwealth stand fearfully surcharged with the guilt of many sins. And often for want of due execution of judgement by the sword of the Magistrate, the sword of God's wrath is unsheathed against a Land; especially for the relieving of the helpless oppressed, and in revenging of bloody and crying sins.  
And thus much of the instructions and injunctions given to the judges, and of the three degrees of judicial process, which are the three duties of a good and worthy judge.  
Now followeth the second particular observed in this Charge, 
II. Point. Parties between whom they must hear & judge  namely the parties whose causes are to be heard and judged, which are set out in relation: First to the judges, your brethren. Secondly, among themselves; Between every man and his brother] that is, (as was said) of the same Nation, of the same Religion: neither only 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 human condition, and must have right done him as being a brother.  
Your Brethren] The name brother is a name of special relation, and notes out a special vicinity of one unto another, and some degree of equality one with another.  
The persons whose causes are to be heard and judged are brethren to the judge; not, indeed, in function, or equality of condition. For herein are judges and Magistrates exalted above them, 
Rom. 13.1.  and for this cause they own reverence and respect to the judges.  
As for anabaptistical conceits, 
Confutat.  which deny lawful Magistracy, and would bring in unseemly parity, and confused anarchy, they are to be utterly renounced, and far abandoned out of the hearts of all true Christians; and that ancient law is to be embraced, which calleth it sacrilege not to reverence and obey the Magistrate: and those who do contemn the Magistrate, do contemn even God himself (who is the ordainer and maintainer of magistracy) as the Lord himself saith unto Samuel. 
1 Sam. 8.7.  Yet is the judge to account them his brethren: Brethren (I say) in common nature and humanity, brethren (it may be) in grace and Christianity; brethren, both in human condition, and christian profession.  
Which consideration ought to stir up judges and Magistrates unto alacrity and cheerfulness in execution of their function; 
Doctr.  seeing all their employments & travels therein tend to the good and profit of their brethren. Now what study is too uncessant? what travail too toylesom? what labour too great? what time too long? what tolerancie too tedious, in procuring the weal and welfare of their brethren? Especially, seeing they are set apart to this honourable employment, by ordination and injunction of God and the King, who have highly advanced them above their brethren, to be judges 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 reverend judges, hear the causes, and judge righteously between your brethren, for they are your brethren.  
But if one only or some few were brethren to the judge, and not the rest, 
Nemo fere est, qui sit bonus index in suis rebus. Arist. polit. lib. 3. Insitum est mortalibus cunctis, ut se & sua ament, & sint benigni in suis causis. Senec. Lege decernimus neminem sibi essi indicem, aut ius dicere debere. Imper. Cod. lib. 2. tit. 5. Qui iurisdictioni praeest neque sibi ius dicere d●bet, neque uxori, vel liberis, vel caeteris quos secum habet.  than were he not a fit and a competent judge, for than were the case in some sort his own, and few are fit judges in their own causes. For its inbred in all mortal men, to love themselves and their own things, and to be kind and favourable in their own causes. And therefore the ancient laws of Emperors forbade that men should be judges to give sentence for themselves. And it is an assertion of that great Lawyer Ulpian, that no man ought to be judge for himself, or his wife, or children, or the rest that are near unto him.  
But now the parties are all brethren among themselves, aswell as to the judge; and that in nature, nation, and profession of religion, as the jews were, and as we are. And why should men contend, seeing they are brethren? why should men defraud, oppress, rob, spoil, maim or murder their brethren? It is a very great both sin and shame, that men of the same Nation and language, who live under the same King and laws, who enjoy the same liberties and privileges, who are linked together in neighbourhood and acquaintance; yea, who partake in the same community of grace and communion of glory, should not live in love together, and keep the unity of the spirit in the bond of peace, 
Ephef. 4 3.  but defraud, oppress, and injure one another.  
And if, through their own corruption, and Satan's malice, they fall at variance, discord and controversy, then surely such as are designed and appointed by God and the King to perform and execute the most honourable office and function of judges and Magistrates, aught to use their best endeavour, to compound controversies, to right wrongs, to punish crimes, and by all good means to procure both public and private peace, that all men may live safely, quietly and lovingly 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 human condition; and therefore must have justice done to him, as being a brother, both unto the judge, and unto his neighbour.  
Hear and judge 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 retain their simple nature, though all have not recovered God's image, but remain corrupted; and all must have justice, for it's founded in nature. Yea and for a Christian judge not to do justice to an Ethnic or pagan contending with a Christian, were to abuse his function, to blemish his religion, to harden the Pagan in his infidelity and sin: And not to right a Christian contending with a Pagan were, besides the abuse of his function, to neglect his duty to one dear to God. Fit it is that he should receive equity and justice at the hand of the judge, who hath found grace and mercy at the hand of God. Among the jews there was one Law for all, for the stranger, and for one of their country: if either sinned, either must be punished. Levit. 24. v. 16, 22.  
The sum of all is this. All men are brethren to the judge himself, therefore he must in love and duty labour to relieve them all. All are brethren amongst themselves, therefore he must have equal respect for righting of them all.  
Wherefore, as Moses from God said to these judges, so I, from the same God, say unto you all, most reverend judges, and all ministers of justice, Hear and judge righteously between your brethren, and between every man and his brother, and the stranger that is with him.  
And so much of the persons: 
III. Point. Admonitions or Cautions.  Now I proceed to the third particular observed in this charge, namely, The admonitions or cautions given to the judges, against pestilent impediments which are frequent enemies to equity and justice, which are in number two.  

1. Acceptation of persons, for sinister respects.  
2. Fear of men's greatness, who will be offended at justice.   
The former admonition or caution is against that principal impediment of justice, 
The first impediment of justice.  acceptation of persons; which is set down 1. Negatively, so that the vice is forbidden, Ye shall not respect persons in judgement. 2. Affirmatively, so that the virtue is commanded; You shall hear the small as well as the great.  
Acceptation of persons, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  unjust and unlawful, is such by and outward respect had of the person, as doth nothing make for the equity of the cause; and yet draws the judge, juror or witness, or other ministers of justice, to do unequally in case of judgement, by reason of his unequal respect to the person: as when men's unjust and unequal causes are favoured and furthered, for amity, enmity, hatred, or love, for bribes, wealth, kindred, authority, or the like: and where causes are overthrown and persons condemned for want of friends, money, or such outward respects, though their causes be just or persons innocent, or not deserving such severity of censure. This accepting of persons is iudiciorum pest is, the plague of judgements, and flatly forbidden in Gods sacred word, Leuit. 19.15. Ye shall not do unrighteously in judgement, thou shalt not respect the person of the poor, nor honour the person of the mighty; but in righteousness shalt thou judge thy neighbour. Partial pity is not to be showed to the poor and base, because he is poor and base: and partial favour is not to be showed to the rich and honourable, because he is rich or honourable: but according to the equity of the cause, must be the equity of the judgement. Prohibitions of the contrary are frequent in God's word: Thou shalt not speak in a cause, to decline after many, to wrest judgement; 
Exod. 22.2, 3.  neither shalt thou countenance a poor man in his (unrighteous) cause. It is not good (that is, it is very ill) to accept the person of the wicked, 
Pron. 18.5.  to overthrow the righteous in judgement. The like is found Prov. 24.23, 24. Prov. 28.21. The Lord doth detest this abominable sin Esa. 61.8. I the Lord love judgement, and hate robbery for  offering: that is, though a thing gotten by perverting judgement, were put to the best vie that can be, as to a sacrifice to God, yet God doth abhor it. Yea the Lord accurseth to the pit of Hell, such as pervert the judgement of the stranger, fatherless, and widow Deutr. 27. And denounceth a fearful woe against them, who justify the wicked for a reward, and take away the righteousness of the righteous from him. And for such sins God sends most fearful visitations. Icrem. 5. Amos 6.  
Whence this abominable sin doth spring is better known by bad experience, then by tongue or pen can be expressed. It commonly sprowts out from the poisoned root of bribery; and therefore they both are ordinarily forbidden in one period of speech, 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 blind the eyes of the wise, and pervert the words of the righteous. and therefore covetousness, the root of all evil, is the stepmother of justice, 
1 Tim. 6.10.  as Augustine well speaks.  
It ariseth also from many other grounds, as from love, friendship, hatred or envy, wrath, and rash zeal, impatience, and such like affections and passions; which blind the eye, or transport the will, so far that the person affected therewith doth swerver from the rule of equity and judgement. Let him put off the rob of a judge, 
Exuat personant judicis qui induit ami●i.  who putteth on the cloak of a friend; it's Cicero's proverbial sentence. They cannot judge worthily of such as are under them, 
Dignè de subditis judicare ne. queunt, qui non merita causarum, sed person●rum odium & gratiam sequuntur. Greg. moral.  who follow not the merit of the causes, but the hatred or love of the persons.  
Whencesoever it ariseth or whatsoever is the ground of it, sure it is a great and grievous sin, and requires both speedy and exact reformation. For the remedying whereof some of former times would have causes propounded without mention of the parties: others had their judges covered with a vail, that neither plaintiff not defendant should come in their sight: others did exercise judgements in the night: others did judge before the Attars of their Gods. But to omit those heathen devices for reformation of these evils, and that famous example of Trajan the Emperor, of whom it is recorded, that he did never man wrong in justice, neither at any time had affection or passion in giving judgement: we who are Christians have better grounds of restraint, namely, the fear 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 appeal to the Lord, for the clearing of their uprightness and uncorrupted integrity; and whom I persuade myself you (reverend judges) do religiously imitate, and desire to be like unto. 
Moses.  Lord I have not taken one Ass from them (saith Moses) neither have I hurt one of them. Deutr. 16.15. And thus Samuel pleadeth for his integrity: 
Samuel.  Behold here I am (saith he to the people) witness against me before the Lord, and before his anointed: whose Ox have I taken? or whose Ass have I taken? or whom have I defrauded? or whom have I oppressed? or of whom have I received any bribe to blind mine eyes therewith, and I will restore it you. And they said, thou hast not defrauded us, nor oppressed us, neither haste thou taken aught of any man's 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 covetousness. O, let the fear of God be in your hearts, and these godly examples before your eyes, and pray with David, for yourselves, unto God. 
Psal. 26. v. 9.10.11.  Lord gather not my soul with sinners, nor my life with bloody men, in whose hands is mischief, and their right hand is full of bribes: And keep that holy resolution of David, and thus promise unto God; As for me I will walk in mine integrity: redeem me, and be merciful unto me.  

The second impediment of justice.  The other impediment and enemy of justice, against which these admonitions and cautions are given, is fear of men's greatness, who will be offended at justice; ye shall not be afraid of the face of man..  
Great men are not always good men: and great-good-men, are not (always) so good, as not to defend or favour any unrighteous cause. Sometimes they grow partial in cases of judgement: and if judges and ministers of justice be fearful to offend them, they shall hardly deal well for good causes of mean men, for fear of the persons of great men.  
Pilate hearing, 
joh. 19 v. 12. In hominum gratiam justitiam pervertit, & ius inflectit. Pluris facit imperatoris Romani quam Dei gratiam. Facit contra propriae conscientiae testimonium, & oris sui enunciatum.  and fearing, that he should not be accounted Caesar's friend, if he should let our Saviour Christ go, was so quelled with fear, that contrary to his conscience and his own mouths testimony, he did adjudge our Saviour Christ (though innocent) unto a shameful and opprobrious death. And, sure it is, this servile fear troubles the mind, distracts the thoughts, and corrupts judgement, and makes the mouth to speak against the conscience, to clear the wicked, to condemn the innocent. And therefore for the preventing of such fearful corruption, God required these properties in judges, that they should be men of courage, fearing God, 
Exod. 18.21. Prou. 1.7.  etc. The fear of God is the beginning of Wisdom, and foundation of other most excellent virtues: Among the rest, of undaunted courage, and maketh resolute in good and godly causes: 
Facile a iusticiâ deniat qui in causis no●. D●um sed homines pertimescit. Chrysost. Pietate sublata, fides tollitur. Cicero. Euseb. de vitâ Constant lib. 1. c. 11. Gen. 20.11.  whereas he doth easily slip aside from equity and justice who stands not in fear of God, but of men saith Chrysostome. For take away piety, fidelity is gone: as we see in the unrighteous judge. Luc. 18. v. 2.3. And as Constantius Chlorus, Father of Constantine the Great, did well experience in his Counsellors and Courtiers. It was Abraham's conclusion: The fear of God is not in this place, therefore they will kill me.  
Wherefore (to conclude this) these pestilent impediments of equity and justice, this and the other, being far removed, by Christian courage, fear of God, and hatred of covetousness, I most humbly beseech you in the name of the Lord, both judges and Magistrates, and all ministers of justice, 
Isai. 28s 17.  Lay judgement to the rule, and righteousness to the balance. Let iudgemet be brought forth in truth, and let the glory of justice extend itself like a flowing stream. Let judicial process equally proceed in hearing, sentencing, executing of judgement without needless protraction, and unjust delay: and for the better inducing of your godly minds hereunto, consider the reason annexed in this Charge, for the judgement is Gods.  

iv Point. Reasons for observation of the Injunctions, and Cautions.  [For the judgement is Gods] The reason why judges and all ministers of justice ought to perform these injunctions, and observe these cautions, in judicial process is this; for the judgement is Gods: yea, and to annex unto this. that which was premised: The Charge is from God.  
And to speak hereof but paraphrastically for brevities sake: 
The first reason.  [The judgement is Gods]  
1 The Ordinance of judgement is the ordination of God, by his wise and immutable counsel and decree. Rom. 13. and must be used faithfully, as the ordinance of God.  
2 The Person who judgeth is a person sent of God, by his most wise and provident dispensation. God made thee a judge, Magistrate, juror, or Witness, by his gracious ordination, or provident permission, and thou must deal faithfully as the minister of God.  
3 The Person sustained by the judge is Gods: for he is the delegate deputy and minister of God: and though for nature, condition, and quality, but a man: yet for title and office, and authority, a God, and must square his judgement to the will of God. 
Psal. 82.   
4 The causes and persons to be judged, are Gods, man's 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 dealt well withal, as belonging to God.  
5 The judgement, as (if it be righteous) God did effect it, so will he approve, avow, defend, and reward it. and therefore it must be such as may be avowed of God.  

The second reason.  And now to end where I first did begin: The Charge is from God, for the doing of justice, and he doth enjoin and require the doing of judgement; and will one day call to account for what is done, not only by his Deputy, that little God of thy Conscience, who will sentence thee secretly, if thou do amiss.  
But he that is higher than the highest, 
Eccl. 5.7.  the great God, and our Saviour jesus Christ, the righteous judge of quick and dead, will judge thee openly before his dreadful Tribunal. God will bring to judgement every work, 
Et quid faciet de iniustis judicijs; qui ipsas quoque iusticias judicabit, qui cuique merita recitabi●? Bern. Epist.  with every secret thing, whether it be good, or whether it be evil, Eccles. 12.14. And what will he then do with unrighteous judgements, who will then judge even justice itself, who will recite to every one his own deserts? The Lord of judgement will come, 
Veniet, inquam, veniet Dominus judicij, ubi plus valebunt pura corda quam astuta verba, conscientia bona quam marsupia plena: ubi judex non fa●●etur verbis, non flectetur donis. 2. Cor. 5.10.  will come I say, and there pure hearts shall prevail more than subtle words, good conscience than full purses: when the judge shall not be deceived with words, nor led with rewards: but will give to every man according to his works: and every one shall receive according to that he hath done in the body, whether it be good or evil.  
Thus by God's gracious assistance and your Christian attention, I have spoken somewhat of the principal parts and passages of this charge of God, and the King, to judges and Magistrates, and all ministers of justice: as namely, first of the instructions and injunctions for right hearing and judging: secondly, of the persons whose causes are to be heard and judged: thirdly, of the admonitions and cautions against pestilent impediments which are frequent enemies to equity and justice, accepting of persons, and fear of men's faces: four, of reasons to enforce the performance of the instructions and observation of the cautions? There only remains the case of reservation.  
Now that judicial process may be rightly conformed unto this charge of God and the King, it must be ordered with great counsel and wisdom, and dependeth much upon the wisdom and faithfulness of all the ministers and instruments of justice; but lieth most in the wise discretion and religion of the judge; who must wisely consider all reasons and circumstances, for the prudent ordering of such important affairs, both in matters of controversy, and punishment of crimes. In both which I would entreat you from the Lord, 
In judicial process, two things principally to be respected.  that you would have most special regard that there be mature progress, in judicial process: 2. and also equal moderation in punishment of malefactors.  

1. Mature progress.  The former of these, which I would commend unto your care, is mature progress in judicial process, in hearing and sentencing, and executing of sentence, with all ready dispatch and convenient speed, without procrastination, or unjust delay.  
The Lord himself enjoins this unto judges. Deutr. 25.1. If there be a controversy between men, and they come into judgement, that the judges may judge them, then shall they justify the righteous, and condemn the wicked. [Then] that is, maturely without needless delay. Our Saviour, in the Parable, doth note it as a mark of an unjust judge, who is void of all fear of God, 
Luc. 18.  and regard of man, that he deferred to do justice to the importunate widow. judges and Magistrates must in no wise be like unhappy Faelix, 
Act. 24.27.  who left Paul in bonds in hope of bribes: but like unto Festus his more equal Successor, who hearing that Paul was kept bound at Cesaria, promised to go very shortly thither, and the very next day after his coming thither, 
Act. 25.6.  convented him, examined and handled his cause, though he failed in the process of this business, for fear of the jews.  
This unjust delay of judicial process, hath been an old and ancient corruption: for reformation whereof, sundry Decrees were made by those worthy Emperors, Constantine, justinian, Gratian, Valentinian, and Theodosius, against procrastination and dilatory courses, in matters both of controversy and crime.  
In matters of Controversy, thus justinian doth define. 
L. Properandun C. de judicijs justin. Imperat.  Properandum nobis visum est ne lites penè fiant immortales, et vitae hominum modum excedant. In causes of controversy it seems good to us that hast be made, least causes depending become immortal, and exceed the measure of the life of man. 
Causae pecuniarum, et civiles omnes, quocunque nomine veniant, & cuiuscunque sint quantitatis, non ulterius quam ad triennij spacium extendi iubentur. ibid.  And what a great and grievous both sin and shame is it, especially in Christian commonwealths, that the Son, the aged Son, should not live long enough, to see an end of the tedious suits of his entangled Father, who trod a maze in his endless prosecution of Law, for the relieving of his still unrighted wrongs?  
In matters of Crime, so said the ancient Laws, 
Sic C. L. 1. de custodia reorum Constantinus imp●edicit.  statim debet quaestio fieri, ut noxius puniatur, innocens absoluatur. arraignments ought speedily to be made, that the guilty may be punished, the innocent absolved: and again, 
De his quos tenet carcer inclusos aperta definitione sancimus, ut aut convictos velox poena subducat, aut liberandos custodiadiuturna non maceret. Imp. p. p. p. Gratian. Valentia. & Theodosius, decernunt.  Concerning those who are in prison, we do by express definition enact, that either speedy punishment shall make away the guilty, or continual imprisonment shall not waste the innocent.  
Our Laws no doubt for decision of controversies are both as perfect and express as these: and therefore is it not a fowl offence, and a fearful sin in any judges or Lawyers, or other ministers of justice, to set to sale their heads and tongues, their wits and words, their places and functions, for the warping and weaving on of the web of controversies, & protracting of causes, through needless delay, for private respect of gain, favour, or envy; without due regard to common equity, or public tranquillity, or weal and welfare of Church, and Commonweal.  

Reasons against unjust delay of judgement.  In this case it's too true; Delay breeds danger: danger of Undoing to the party oppressed: danger of presuming, to the person oppressing: danger of hurt to the party procuring delay: and danger of ruin to Church and Commonweal.  
It grieves the heart, 
Reas. 1.  & excruciates the soul of the party oppressed, to bear such a cruel and detestable injury, when under plausible pretence of Law, judgement, and justice, he is not only delayed from his right, and spends himself in prosecuting for it: but withal incurs suspicion of one wicked and unjust, as if he himself were the doer of the wrong. He that shall thus oppress the just in his righteous cause, doth touch the apple of Gods own eye, which is a fearful and dangerous sin, and provoketh the Lord to revenge the oppressed.  
Grief constraineth the just, 
2  who find no relief, by just order of law, to take unjust and unlawful courses, as calumnies, quarrels, contentions and brawls, to relieve and remedy their unrighted wrongs; and sometimes, through impotency of human affections (especially in women more conquerable of passions) poisonings, and murders of their oppressing adversaries; and so with danger of their lands and goods, they endanger the loss both of bodies and souls; and shall not the unjust occasioner of such evils communicate in the sin, and partake in the misery?  
Hereby is a wide flood gate opened and enlarged, whereby hatred, 
3  contentions and capital enmities are propagated and diffused by partners and kindred, over whole families, villages, Cities, Countries, and Kingdoms, which administer matter for mutinies and slaughters. For the contentions of the proud are shedding of blood: 
Sirach. 27.16.  and their scouldings are grievous to hear. And is not hence danger of ruin to the State? And who is the cause of all this mischief, but hinderers and perverters of equity and justice?  
Or if such outward mischief do not hence ensue, 
4  yet hereby is God's worship and exercises of religion (as by an evil spirit and hellish fury of discord) disturbed and poisoned, while men's minds are distracted and exasperated with continued lawing, and dissensions: so that they can neither hear the word with attention and profit; nor pray privately or publicly with devotion or zeal: nor receive the Sacraments with any quiet or comfort. And shall not the unjust hinderers of judicial process, from final deciding of actions and controversies, stand guilty, before the Tribunal of God, as disturbers of divine worship, and breakers of spiritual peace?  
Hereby is justice itself profanely abused, 
5  and God himself the God of justice, and prescriber of equity, most impiously contemned & monstrously dishonoured, as if he himself were unequal or unjust. For when his Delegates and Deputies do pervert judgement, they make God himself (as much as in them lies) to become author and approver of their detestable impiety.  
All Judges, Counsellors, 
6  attorneys, Solicitors, Sheriffs, jurors or witnesses, or other ministers of justice, who by corrupt abuse of God's sacred ordinance of justice, open a floodgate, or window to such enormities and evils, shall themselves be convented (unless they repent) before the most dreadful Tribunal of God, there to be convicted and sentenced for their fearful offences.  
All innocent persons, who have been oppressed, 
7  yet by piety restrained from unjust revenge, and preserved, by God's grace, from unlawful remedies, shall yet in private put up their complaints with sighs and groans to the judge of Heaven, who as their kind patron and powerful protector shall take vengeance and punishment on such malefactors, as have not relieved but unjustly oppressed (and that under pretence of law) such helpless ones in their distresses and miseries. The son of Syrach in his Ecclesiasticus (though it be not Canonical) describes this very well, 
Ecclesiast. 35.  saying. 
v. 12,  The Lord is judge and regardeth no man's person— but heareth the prayer of the oppressed. 
13.  He despiseth not the prayer of the fatherless, 
14,  nor the widow when she poureth out her prayer. Do not the tears run down the widows cheeks? 
15.  and her cry is against him that causeth them. (for from her cheeks they do go up to heaven, and the Lord which heareth them doth accept them. Yea the Lord in the Scripture is frequent in denouncing of punishments and judgements on perverters of justice. jer. 5.29. Amos 6.12, 13. Habac. 1.3, 4, 5. and else where.  
These things being so (beloved in the Lord) that grave advice and godly exhortation of King jehosaphat to judges appointed by him, is worthy to be painted on the walls of all Courts and judgment-seats; yea to be engraven in the hearts of all judges and Magistrates and ministers of justice 2 Chron. 19.6. Take heed what ye do; for ye judge not for man but for the Lord; who is with you in the judgement. Wherefore now let the fear of the Lord be upon you: take heed and do it: for there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts. and remember this charge of the Lord and Moses: Hear the causes of your brethren and judge righteously.  

2. Equal moderation of justice.  And thus much of the first thing much to be respected in judicial process, which is mature progress, or speedy proceeding therein: Now followeth the second, which is mitigation or moderation of the severity of justice. And to speak of it as far as it extends to the exercise of civil discipline and punishment of malefactors. As judgement must proceed according to the prescript of law: so must great wisdom, discretion, and religion be used that it be so guided between just clemency and needful severity, that the sentence be equal, and tend to public good.  

Proemijs & poenu. Solon. Quando cives omnes poenarum metu à malesicijs abstiments, & benesiciorun praemyns inritati officium facere student. Demost. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  The Common weal (as one well said) is contained in two things, rewards punishments. and then doth it flourish (as another observed) when all the Citizens or subjects thereof abstain from cuill-doing for fear of punishment, and are invited to do duty in hope of reward: and that it may flourish, it's the duty of the Magistrate to punish the bad, and to reward the good.  
It's rather to be wished than hoped, in this our corrupt estate, that all would abstain from vice for love of virtue, and hope of reward, 
Meliores sunt quos atrigit amor, sed plures quos corrigit timor.  and for good conscience rather than for fear of punishment: but so servile and vicious is the nature of man, that it hath need to be kerbed and restrained from evil, by threat and execution of correction and punishment: and therefore punishments are provided, that evil ones might be taken out of the way, 
 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 sitavitas conciomor, aut utihor harmonia▪ quam seucritas cum comitate coniuncta. Plutarch. in Photion.  if they will needs do harm, or may be amended if through neglect they did amiss.  
In proceeding to judgement against malefactors, mercy and justice must meet together, clemency and severity must kiss each other. There must be a merciful clemency, yet joined with justice, and a just severity, yet moderated with equity, lest strict law prove flat injustice: neither is any sweetness more seemly, or harmony more profitable, than is severity joined with humanity. judgements thus moderated, do please both God and man. 
— Moderata placent hemintque deoque.   
The Stoics assertion is not consonant to reason, that all sins are equal: nor draco's bloody laws consonant to justice, that all crimes are to be punished with death. there are degrees of sins, and of punishments: Spare must be made even of the basest blood. 
Pareimonia debet esse etiam vilissimi sanguinis. Senec. de clem: lib. 1.  Life is dear, death terrible, and the lives of men must be precious in their eyes, who deal in matters of life and death. And a verdict of death must not be brought in upon slight suspicions and uncertain proofs. It were better a guilty person were causelessly absolved, then that the innocent should be unjustly condemned, that is a sin, but this is impiety, a much more heinous, and more grievous sin. Which I desire the jurors would look unto, who, not seldom, offend, and that grossly, in this kind, in bringing within the compass of death, such as of right aught to be acquitted. In this case that rule is safe and good: 
Placuit in omnibus rebus potiorem esse justitiae aequitatisque quam stricti juris rationem. lib. 1. C. de judicijs.  It's better to have respect to justice and equity than to strict law. Rashness in condemning men is to be avoided: for he almost condemns willingly that doth it quickly. and too much severity must ever be abandoned, for he doth punish unjustly that punisheth too much.  
Yet for all this there must not be such clemency as doth prejudice equity: for so, sin shall abound, and if justice press not the unjust, then shall the just be oppressed with injustice: and the harmless, helpless, and innocent sheep shall be exposed to the rage of wolves and ravenors. Too much clemency breedeth impunity, and causeth liberty and licentiousness in sin. In this case the judge must not be milder than the law: for wholesome severity, which common reason doth suggest, and public order exacteth, doth excel the vain show of clemency & mercy. There is both a punishing mercy, and a sparing cruelty. Such clemency is but a merciless pity, as arms 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 it's well concluded by justinian in his Novel Constitutions: It is not inhumanity, but rather special humanity, when many are saved by the punishment of a few. judgement must pass with needful severity against notorious and evident malefactors; as for treasons, poisonings, murders, and the like heinous crimes; ut poena ad paucos, metus ad multos perveniat: That punishment may fall on a few, fear on many. For some few must needs be punished, that more may be terrified, and all may be amended, or restrained from evil. This is the sentence of the Lord himself against a false-witnesse-bearer: If the witness be a false witness, and have testified falsehood against his brother: 
Deutr. 19.16, 17, 18, 19, 20  then shall ye do unto him, as he had thought to have done unto his brother. So shalt thou put away the evil from among you; and those which remain shall hear and fear, and from henceforth shall commit no such evil among you. And thy eye shall not pity, but life shall go for life—. and the moral law doth eternally establish that the wilful murderer should die the death. 
Gen. 9.6.   
I acknowledge indeed that famous Emperors have been much admired for clemency and pity; 
Suet. Vesp.  as Titus Vespasian, who wept for just executions. and whereas the Emperors themselves used then to judge of life and death, 
tranquil, in Tito.  he was hardly drawn to give judgement at all, and utterly unwilling to condemn any to death. Mauricius, who by his good will would not have so much as a Traitor die. 
evagr. 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 slain thy father. In which words he did not only instruct the guilty person what he should answer to the Prince and judge, but also in admirable humanity 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 himself, otherways cruel, who being asked to subscribe to a sentence of death, gave this answer, utinam litter as nescirem, I would I could not tell how to write.  
But be it granted that Clemency is a princely virtue (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 Cassijs.  which wins much love: for which cause Titus Vespasian was accounted the love and delight of mankind: yet excess herein is no virtue but a vice, when it hinders the current of needful execution of justice. And nothing is so contrary to the office of a judge as such mercy, when the judge becomes more mild than law in sparing the execution of notorious malefactors. Such impunity of gross offences, is (as one saith) a most certain argument of the perishing estate of a Commonwealth. Punishments duly executed are the sinews of the weal-public. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demosthenes.   
True, indeed, in cases of difficulty there must be inclination to mercy. In lesser offences (once or seldom committed) mitigation of severity. Frequenter qui peccant & lugent, veniam vix merentur: Such as often offend though they mourn for their fault, yet scarce deserve pardon saith Augustine.  
And Christian compassion in severity of censure commiserating the misery of a guilty person, beseems a Christian judge, who (when he pronounceth the sentence of death) may with Augustus, 
Seneca in lib. de Clementia.  ex imo pectore suspiria ducere; fetch deep sighs from the bottom of his heart, and be more sorry for them, than they are for themselves: yet law must have course, justice must be done, that evil may thereby be taken away, that others that hear may fear, and do no more so presumptuously; and that the land stand not before God guilty of blood: lest God's sword be unsheathed, and his hand strengthened to the revenging of so great and so sinful connivencies, when impunity is permitted to bloody crying fins. In few words to conclude this point: As those judges or Magistrates are not to be imitated, who in acerbity of punishments affect the opinion of severity: so neither those who by too much facility seek love and affect the opinion of lenity. Both these are faults in the extreme, swerving from the office of a judge, 
l. resp●●iendum de poenis.  as ancient laws do teach and declare. Equity walks in the golden mean between rigorous severity which punisheth any too much; and cruel 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 justice, of God and the King, given by Moses to the judges of Israel, to our Honourable and Reverend judges here present: neither to our Reverend judges alone, but to all those ministers and instruments of justice (sundry persons of different quality) who concur as assistants in the dispatch of this business. But because my speech hath already passed the bounds of the allotted time, I seem urged by necessity to forbear the same, and to commend the particular application thereof, to your private, devout and godly meditations. yet hoping your wisdoms will redeem a little time, by cutting off some lesser occasions; I will make bold to speak a little to the principal of those persons, whom this charge doth so nearly concern.  
My Honourable Lords, you the reverend judges of these Assizes, 
1 To judges.  I shall not need to speak much unto you: because the Lord in mercy hath bestowed upon you (to speak (as I am well persuaded) without flattery) a great measure of wisdom & piety to deal in matters of judgement justly and conscionably, and you have right well approved both to King and Country your fidelity and sincerity in execution of your function; in so much as we bless God for you, and pray to God to bless you, that you also may continue a blessing unto us. Yet give me leave to put you in mind of this your charge from God & the King: Hear the causes between your brethren, and judge righteously. Your wisdom and long experience have taught you well, that that of Chrysostome is very true: Ipsam causae invenire justitiam grand opus: 
Lib. 3. de Sacerdotali dignit. cap. 18.  inventam verò nulla iniquitate corrumpere labo riosissimum: To find out the very justice of the cause is a great work. and therefore you had need to be very circumspect therein. and when it's once found out, then to corrupt it by no iniquity is a most laborious thing, and therefore you had need to be very upright therein.  
And that I may join with the reverend judges, those worthy magistrates, 
2. To justices of Peace.  the justices of Peace: you well understand what a fearful sin it is to turn judgement into Wormwood, 
Amos. 5.7.  and to leave of righteousness in the Earth. 
Ames 6.12.  To turn judgement into gall, and the fruit of righteousness into Wormwood. 
jer. 5.28.  To overpass the deeds of the Wicked, to execute no judgement, no not the judgement of the fatherless, to execute no judgement for the poor. What a fearful sin were it for any of you to suffer through your neglect or partiality, just judgement never to go forth: 
Heb. 1.4.  but the wicked to compass about the righteous, and wrong judgement to proceed? These are fearful sins in judges and magistrates, for which the Lord did sharply threaten, and severely punish his own people.  
Wherefore, I earnestly beseech you from the Lord, continue still, if you have begun, to be men of courage, fearing God, dealing truly, 
Exod. 18. Esay. 1.17.  and hating covetousness. And seek judgement, relieve the oppressed, judge the fatherless, and defend the widow, that you may safely prevent such fearful sin and woeful misery.  
Your calling is honourable, ordained of God, as a sovereign antidote against evil, and promoter of good: Your persons are selected to this function by God. The person you sustain is the Son of God, who hath honoured you with the title and authority of God, who is present as chief Precedent in the assemblies of Gods. Your judgement which you give, is the judgement of God, and he will avow, and defend both it and you, if it be just: he will renounce both it and you, if by your wit, or will, it be unjust, as unbeseeming his Majesty, who is justice itself.  

3 To Counsellors.  You the Advocates of justice, as Counsellors and Pleaders; I beseech you to endeavour in the fear of God to clear yourselves of those two imputations which sometimes are laid upon some of you: how justly upon any of you that are present, not I, but God and your own consciences can tell you: namely first, that there is no cause so bad, but by your shifts and pretences you can make it seem good: secondly, nor no cause so good, but by your unskilfulness or unfaithfulness in handling, you can make it seem bad.  

Turpe est defendere quod non mihi consliterit justum esse. Gregor.  Consider (I beseech you) that it is a very fowl thing resolutely to defend what cause you know not to be just: but when you perceive & know it to be unjust, then by quirks and devices to cloak and overshadow falsehood, and wrong, and (against conscience) to outface both truth and justice, in the face of the Court, and judgement-seat, before God's Minister of justice, yea, God himself, it is a most horrible and fearful sin. This were to call good, evil; and evil, good: 
Esa. 5.18.  to justify the wicked for a reward, and to take away the righteousness of the righteous from him: yea to draw iniquity with cords of vanity, and sin as with cartropes. Against which many fearful woes are denounced. Remember (I pray you) that worthy example of the learned and upright Lawyer Papinian, who being desired by the Emperor Antoninus Caracalla, to defend his fratricide of his brother Geta, answered boldly: 
Spartian.  Non tam facile est excusare fratricidium quam facere. It's not so easy to defend fratricide, as to do it. And he would rather die, than undertake the defence of an unjust and unrighteous cause.  
And if you have taken on you the defence of a good cause, do not by your ignorance overthrow it, or by your unfaithfulness betray it, and make your poor client pay full dearly for your oversight in forms of prosecution.  
But be advertised (I pray you) by virtue of this charge, to hear and judge righteously. Inform yourselves thoroughly in the state of the cause, and deal faithfully with your Client in relating what you think of the equity of the cause, and issue of the controversy. And if it be bad, let it not by any your means be prosecuted with cost, lost with infamy, or won by iniquity, and flat injustice.  
If good, let it not want good success, by your neglect or oversight, or want of countenance and fidelity in pleading: or become more costly, by your procrastinations. But use your best endeavour, that right may be found with moderate expenses: that law may prove a special and speedy remedy of wrongs, and not a trap or engine to catch and ensnare men; as men of all sorts do commonly complain. Then though your poor Client do not enrich you with his fees, yet shall you be no losers when you have made up your reckonings; but what is wanting in the poor Clients small fees, shall God himself recompense in your great accounts, and bestow upon you not a temporal garland, but an eternal crown of glory for your virtue and well-doing to the people of God. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.   

4. To Witnesses.  You Witnesses, who shall for true testimony to the truth, take a solemn oath of God and the King, and calling upon the glorious name of God, vow damnation to your souls, if you speak not truth. Know that a fearful curse is gone out from the Lord, upon all such as shall so solemnly take his glorious name in vain.  
A false Swearer is guilty two ways, 
Ch●●soss. in mat 5. & est. 22. q 5. cau. quicunque.  both because he takes God's name in vain, and because he takes his neighbour by deceit: yea a false witness is obnoxious, and offends against God, whom he contemneth; the judge, whom he seduceth; the party, whom he wrongeth by his false testimony; yea, to his family, which he hurteth; and to his own Soul, which he condemneth.  
O be not (I beseech you) so traitorous to God, so treacherous to the judge, so injurious to your brethren, so hurtful to your posterity, so desperately prodigal of the blood of your own souls, as having laid them to God for pawns of truth, you will wittingly, and willingly, swear, and forswear, against God and truth, King and judge, neighbour and family, and your own selves, as lewd, and godless, and graceless sons of Belial.  
But being called hither by God and the King, to this service of your Country (all you that have taken or are to take an oath) swear in truth, 
jer. 4.22.  in judgement, and righteousness. These three, if they be wanting, it's not so much an oath as a perjury. Discharge your oaths unto the Lord. Be not so silly as not to conceive the truth: nor so forgetful as not to remember truth: nor so subtle as to deceive both others and yourselves by false witness-bearing against the truth. Know what you testify: testify 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: do not accept men's persons in judgement. Be not corrupted with friendship, nor suborned with reward. Shake off vain fear, cast off vain hope. Witness for small aswell as for great: for Stranger aswell as for brother: give a plain testimony to truth and verity: So shall you have the testimony of honesty for your credit among men: The testimony of good conscience for comfort in yourselves: and testimony from Christ at the day of the great Assize, as fit to inhabit in his holy mountain for ever.  

5. To Questmen, and jurors.  The charge of God and the King to all questmen, and jurors, is the same in effect with that of the Witnesses, that they hear and give verdicts righteously, discharging their oaths unto the Lord.  
Far be it from you (my brethren) to be such as some common jurors are, of some, said to be; so quick of conceit, as that they know the case before they hear it, & so ready of resolution, that they know which way their verdict shall go, assoon as they know the party whom they would pleasure or please, to be the plaintiff, or the defendant, before the cause be opened, or evidence produced. But as the Law doth presume you to be Gentlemen of choice for wisdom and integrity, and yeomen of good note for truth and honesty, experienced in Law-courses, and cases to be tried: so be diligent in sifting and examming all proofs and evidences, ready to conceive and acknowledge apparent equity, and conscionable in bringing in an approved verdict, not partial nor unequal in hope of reward, or for fear of danger: for favour to your friends, or envy to your adversaries: but such as may be allowed of God and men, to your credit and comfort, and the public good.  
Lastly, you, my brethren, the body of the Country, 
6. To the body of the Country.  who seek in these places of judgement, the face the judge, to have your causes tried in matters of controversy; or else are brought hither to be judged in matters of crime. Fellow peace with all men, and holiness, without which no man shall see the Lord. Whatsoever you would that men should do unto you, even so do ye to them.  
For matter of crime, 
1. Pet. 2.17. Psal. 34.13. 1. Pet. 3.11.  take those exhortations: Fear God: honour the King: Eschew evil, and do good: Practise piety toward God, equity toward men: Live holily as good Christians in a Christian Church: live blamelessely as good subjects in a Christian Commonwealth. Avoid those capital crimes, and shameful courses, which bring men to censure before these judgement seats. And, to speak particularly, 
Rom. 13.3.  If thou wilt not be afraid of the power of the magistrate, do that which is good, and thou shalt have praise of the same, whosoever thou art. But if thou do evil, then be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him which doth evil. Art thou then a traitor to the King or Commonwealth, a wilful murderer or poisoner of thy brother: Then the sword of justice must be sheathed in thy blood, that evil may be taken away: that the land be not guilty of thy foul offence: that others may hear and fear: that sin may be punished in thee, and prevented in other that hear or see thee.  
If thou receive censure for some smaller offence, learn by this thy censure to amend thy life, lest a worse thing hereafter befall thee; for thy iterating of thy sin, will increase thy punishment.  
In case of controversy, I beseech you all to observe these rules: seek peace, and follow after it: follow peace with all men. Defraud not one another. 
Publicè interest ut lites iniustae atque inanes coerceantur; ne Magistratus querelis atque causis nihil● occupetur, neve cives temerè iuter se rixentur, pacemque turbent. L. 21. ff. si certum petatur.  And if controversies arise, use all good means for the speedy compounding of them, that the judgement-seat be not troubled with every trifling brawl, and needless suit.  
And whereas none are more ready than you to cry out of Lawyers, Attorneys, and such men, as unconscionable in perverting of justice, as unreasonable extortioners, and extorters of fees, as defrauders and undoers of the Commonweal: scraping to themselves the fat of the land etc. Take heed that the fault and cause of these evils, do not first issue and spring out from yourselves; from your peevish and wrongful and revengeful dispositions. Whosoever thou art therefore that complainest of others, take heed lest the fault be found in thyself. Prosecute no bad cause, of hatred to hurt another, but only good causes, and that of necessity to relieve thyself. Pack no juries. Suborn no witnesses. Bribe no judges, Lawyers, nor ministers of justice: use no calumnies, forgeries, or unjust protractions, or un-warrantable practices for the effecting of thy purposes in unlawful proceed: for if it fall out thou be justly cast in thy bad cause, then shalt thou bear an heavy burden of just punishment for thy wilful prosecution of thy unrighteous suit. Or if by force or fraud thou prevail against equity, than (which is worse) thou burdenest thyself with the fearful guilt of double iniquity. And though thou get the day in the place of judgement on earth; yet shalt thou lose the day at God's judgement-seat in Heaven.  

Application to all jointly.  And now at length to grow to a final conclusion of all; these things being so; as jehosaphat that most worthy servant of God did charge those judges whom he had made: so do I a poor Minister of Christ, in the name of the Lord charge you all that have the least finger in matters of justice (as Reverend judges, worthy justices, Counsellors, jurors, witnesses, and the rest) Take heed what ye do: 
●. Chron. 19.6.7.  for ye judge not for man, but for the Lord, who is with you in the judgement. Wherefore now let the fear of the Lord be upon you, take heed and do it: for there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts. And as Moses to these judges of Israel in this place: Hear the causes between your brethren and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgement; but you shall hear the small aswell as the great. you shall not be afraid of the face of man: 
V and last point. Of reservation of judgement.  for the judgement is Gods.  
Now I should proceed to the case of reservation: And if the cause be too hard for you bring it unto me, and I will hear of it. But of this I say no more but this. That whereas these causes and matters of judgement are far too great for any of us, who of ourselves cannot think a good thought: Therefore let us appeal to God, and to his Throne of grace for his assistance and blessing in these weighty affairs of judgement.  
O blessed Lord God, Father of mercies, and God of all grace, grant (we humbly entreat thee) to our judges and Magistrates, heavenly wisdom, christian courage, godly fear, uncorrupted integrity in hearing and judging: to all the ministers and instruments of justice and equity, uprightness and good conscience in prosecuting and promoting of actions and causes: to all the people loving affections and peaceable dispositions one toward another, thankfulness unto thee for this thine ordinance of judgement, and dutiful obedience to the rules of piety, justice, and equity: that so vice may be punished, virtue encouraged: injustice may be removed, equity maintained: The commonwealth may be prospered, the Church enlarged; our poor souls may be saved, and thy great name glorified, in the manifestation of thine abundant mercy in our felicity: and that for the merits of thine only Son, and our only Saviour jesus Christ, the righteous judge of quick and dead; to whom with Thee, O Father, and with thy Holie-Spirit, three glorious Persons, but one only true and everliving God, be ascribed of us, and of thy whole Church, all Honour, Glory, Praise, Power, Majesty, Dominion, and Thanksgiving, from this time forth for evermore: Amen.  
All glory be to God.  
FINIS.