5a4 Chap.3. Of falfe mjtnefling in judgment. Corn. q. . 1. That theremight be i Evmso:, Examiners antd Inquisitors of all caufes , as there were in Greece, fuch as were to approve or -allowof quarrels and fuits, and to judge whether they werefit to be profccuted or no. 2. Or elfe as they had in Rome, thatmen fhould contend ex jacramento , each man should lay down his pawn when he went to Law in manum PontificiradTa- trosisfue,n the hands of the High Prieff for facred ufes,and if his caufe or quar- rel proved not good,it was to go to the repairing or adorning of the Temple. It fome filch courfes be not taken,Lawcafes will multi ply,there will be ñ77nµa; Deut.i.17 a fault.The judgment feat was erected by God,that hard and difficult cafes only Exod. 18 22. fliöüld be brought thither,and not for every trivial matter.But we fee the con- tràrÿ : to fay that the mattersnow ufually brought before the Judges,aremat_ -ters of difficulty, were abfurd and untrue. 2. By d t...ying z.The Judge may offend by delaying juflice ; heought to give quick difpatch, 1"/t`Ce todelay juflice is injuflice; therefore Mofes, though he were very able for dif- Exod. 18.23. patch, being excellent in knowledge, yet that caufes might be the fooner ended, he appoints more Judges, as his father in law counfelled him. fethro thought it Exod. 18.54. abfurd, that the people waited, and their cedes depended frommorning till night. How abfurd then is it for caufes to depend from year to year? This that thou doeff is not well, laid ?ethro, that the peoplef[ould wait thus : and verse 23. he tells him, if this whichhe advifes be done, the people mightgo home quickdy. This would be the benefit of quick difpatch. As multitude of luits, are caufes Of much fallhood, and falfe witness fo alfo is the long depending of fuits, by non- fuits,dilatory pleas, and other fhifts, to delay juflice. Hwthe judge 3. The judgemay offend, if his judgment be,as we (hewed before in the fifth 5""hejily Commandement , s.Vfurpatum,ufurped. 2. or Temerarium, raft and hafly, or moy he 3. Perverfnm,perverfeandwrong. 1. Judgement is ufurped, if hegive judgment in a caufe of which he bath no cognizance, or upon one, over whom he path no jurifdiCtion. To fuch may be Iioma4 4 faid, what the Apoflle faith in another cafe, who art thon that judgeff anothermans fervent ? to his own Mafierhe flank orfalls. z.His judgment is rail], either when it is fuddainly given in ahard cafe,or be- fore both parties be heard.It was a blemilli in David, by a rafh judgment to give Deut. ,.17. away Mephibotheths lands to Ziba, andafter withmuch ado, to let him have the 2 Sam.i9.29. one halt, and Ziba the other. By the Law both parties were to meet before the A.& a . i6 Lord, before any thing was determined : and that Heathen Judge Paid, It was not thecufiom of the Romans to condemn any, before hehave his accufers brought face to Prov.i8.17, face, and be heard[peakfor himself. Solomon gives thereafon, He that is firfl in his own caufe teems jufi, but his neighbour cometh, and [earehethhim: Therefore this is one fiep to rash judgment, to give credit to the party that fpeaks firfl ; by this means Ziba fofar prevailed, that though Mephibofleth prove all the lands to be his, yet-he mull; be content with one half. 3. He ought not to give perverfe judgment, but mull fay, All the words of my Prov.8.8. mouth are righteoufnefs, there isnothingfroward or perverfe in them. The Law is ex-, Éicod. 23.2. prefs, Thoufhalt not pervert judgment. Now judgment may be perverted, either when the wicked is abfolved,or accounted jull, or the jufl is condemned and ac- counted wicked,both which ,Solomonfaith,areabomination.The words tranflated Prov. i7.i5. according to the original are,Hethatjuflifres the unjufl, or unjufiifes the jet, &c. becaufe it is all one in cafe of ju(lice, to affirm a thing to be, and to make it fo. Hemull not in tome cafes,releafe the guiltyupon any pretence: under the Law, Nmnb3531, no fatisfaftion was to be taken for the life ofa murtherer, but he muff die; for blood 32,33. cannot be cleanfed,but by blood: when God therefore appoints the punifliment, it is not in the power of the Magiftrate to remit it,yet in tome cafes it is left to his Arbitrenient;but with two conditions: ,.That it be expedient,or not againft the good of the Common- wealth. Z.That the party wronged becontent with ir. The Eliß,r. z.For the Notaries or Regiflers.The Prophetfaith, That asforce decree wicked Efay io.r. decreer, that isthe Judges ; fo there areTome that writegrievous things, which may be applyed to ltegiflers, and a woe is denounced agairfi both; for the Regifler ma- ny times, makes the record more grievous then the decree,which ifit gonot ex- adly,according to the fentence pronounced,it is a falfe record. And to such as do
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