A Mirror both for Saints and Sinners, Treatise · Chapter 47
CHAP. XLVII. Examples of Justice: The duty of Judges, and Magistrates.
TO do justly is the duty of every Christian, Mich. 6. 8. but especially of Magistrates, and such as are in authority: and then people may sit under their own Vines and Fig-trees in safety, when Iustice runs down like a river, and righteousness as a mighty stream in the streets. But alas! in such woful times as these, wherein the sword rages, and is drunk with blood, we may complaine with the Prophet, Isa. 59. 14. that Judgement is turned backwards, and Justice stands afar off: Truth is falne in the street, and equity cannot enter: for it is with us, as with that man who came to the General of an army for justice, to whom he answered; What dost thou talke to me of justice? I cannot heare the voice of Justice for the noise of Guns, and Drums. Oh therefore pray for the peace of Jerusalem, and give God no rest till he make, and till he establish it a praise in the earth: and that we may be the more enamoured with the beauty of justice consider these Examples following, and these Scriptures requiring it.
Judges ought to be submitted to, Deut. 17. 9, &c. & 25. 1, &c. Ezra. 7. 26.
The duty of Judges, Deut. 1. 16, &c. & 16. 18, &c. & 25. 1. & 19. 18. 2 Chron. 19. 6, 7▪ Exod. 23. 2, 3. Lev. 19. 15. Jer. 22. 3, 15, 16. Jos. 7. 51. Prov. 31. 4, 5.
Their qualifications, Exod. 18. 21. Deut. 1. 13. Ezra 7. 25. Psal. 2. 10.
Judge justly, Isa. 1. 17. & 16. 3. & 56. 1. Jer. 7. 5. & 21. 12. & 22. 3. Ezek. 18. 8. & 45. 9. Hos. 12. 6. Amos 5. 15, 24. Zach. 7. 9. & 8. 16.
Distributive Justice is commanded by God, Lev. 19. 15. Deut. 1. 16. & 16. 18. Psal. 9. 9. & 45. 5, 8. & 48. 11. & 89. 15. & 94. 15. & 97. 2. Isa. 11. 4, 5. & 59 9. Jer. 23. 5. & 33. 15. Dan. 9. 7. Act. 24. 23. Heb. 1. 9.
It's a great blessing, Psal. 85. 11, 12, 14. & 72. 3, 4, 5, 6, 7.
Kings, and Magistrates ought to observe it, 2 Sam. 18. 15. & 23. 3. Psal. 45. 8. & 72. 1, 2. Prov. 20. 8. & 25. 5. & 29. 14. & 31. 8, 9. Isa. 16. 5. & 32. 1. Jer. 22. 15, &c. Esek. 44. 9.
Scriptural examples: Moses, Exod. 18 13. Othniel, Judg. 3. 9, 10. Tola, Jud. 10. 1, 2. Jephtah, Jud. 12. 7. Samuel, 1 Sam. 7 15. David, Psal. 78. 72. Solomon, 1 King. 3. 27, 28. Psal. 72. 2, 4.
When one told old Bishop Latimer that the cutler had cousened him in making him pay two pence for a knife, not (in those dayes) worth a peny: No, (quoth Latimer) he cousened not me, but his own conscience.
Saint Augustine tells us of a seller who out of ignorance asked for a book farre lesse then it was worth, and the man (meaning himself) of his own accord gave him the full value thereof. Lib. 13. de trinit. c. 3.
The Lord Morris Fitz-Thomas, Justice of Ireland was a most righteous Justicer, in that he stuck not to hang up those of his own blood for theft, rapine, and other misdemeanours, even assoone as strangers. Camb. Brit. Irel. p. 192.
In the yeere 1356. Sir Thomas Rockesby was made Justice of Ireland, who was very careful to pay for the victuals he took, saying, I will eate and drink out of Treene vessels, and yet pay both gold, and silver for my food, and apparel, yea, and for my Pensioners also. Camb. Brit. Irel. p. 19….
Elfred a King of the West-Saxons here in England, designed the day, and night equally divided into three parts, to three special uses, and observed them by the burning of a Taper set in his Chappel; eight houres he spent in meditation, reading, and prayers; eight houres in provision for himself, his repose, and health; and the other eight about the affaires of his kingdome: he was in continual warres with the Danes, and yet so exact in the administration of justice, that a Virgin might travel alone through all his dominions without any violence offered her: and bracelets of gold were hanged in the high wayes, and no man was so hardy as to take them away. Speed. Chron. p. 332.
Charles Duke of Calabria, who died in the yeere 1328. was a Prince so careful to have justice executed to all his Subjects, that (perceiving how difficult it was for the poore to have accesse to him) he caused a bell to be hung at his Palace-gate, so that he that rung it, was sure presently to be brought to his presence, or to have some Officers sent out to hear his cause.
Trajane the Emperour in creating of a Tribune used to put a sword into his hand, as an Ensigne of command, saying, Receive this Sword, which if that I command, and rule in reason, as a Prince should do, draw it out, and use it for me: but if I do otherwise, use it against me. Spart. in vita Hadriani.
Lewis King of France having upon intreaty spared a man that deserved death, and not long after reading that Text, Psal. 106. 3. Blessed are they that keep judgement, and he that doth righteousnesse at all times: this [doing righteousnesse at all times] so wrought upon him, that presently he reversed what he had granted, saying, He that hath power to punish sinne, and doth it not, becometh a Patron of it, and is as guilty before God, as if himself had committed it. Annals of France.
Aristides the Athenian, had the rating of the Cities of Greece (in a common taxe) referred unto him, wherein he dealt so equally, and impartially, that he obtained the name of Just, yet died he so poore that he left not wherewithal to bury him. Diodo.
As Furius Camillus besieged the Falisci (a people in Italy,) a perfidious Schoole-master, who taught the children of all the principal Citizens, under pretence of recreating them, took them into the field, and trained them on till they came into the Romane Camp, and there yielded them all up unto the enemy, expecting a great reward for his paines: But Camillus deresting such treason, bound the Traitor, and put him into the hands of his Scholars, wishing them to whip him back into the Town, which forthwith yielded themselves to him in reverence to his justice. Sir W. Raw.
Aristides amongst the Athenians carried himself so exactly in all matters of judgement, that he obtained the sirname of Iust. Plut.
King Tarquin being banished Rome for his rape of Lucretia, Brustus, and Collatinus, husband to Lucretia, were chosen Consuls, and in the time of their Consulship, ▪ Tarquins agents had corrupted two of the ancientest fam…lies in Rome, the Aquillians who were Nephews to Collatine, and the Vitellians who were allied to Brutus, and two of his own sons were drawn into this treason by them: The conspiracy being at last discovered, the Consuls met in the publick place, and sent for the conspirators, and there before all the people discovered the treason: The people being much amazed, hung down their heads; only some few, thinking to gratifie Brutus, moved that they might be banished: but Brutus calling his sons by name, asked them, what they could answer for themselves? and when, being confounded they held their peace, he said to the Sergeants, They are in your hands; Do justice. Then did the Sergeants teare off their cloathes, bound their hands, and whipt them with rods, which sad spectacle moved the people to pitty, so that they turned away their faces, But their father never looked off, nor changed his severe countenance, till at last they were laid flat on the ground, and had their heads struck off: Then did Brutus depart, and left the execution of the rest to his fellow-Consull: But Collatine shewed more favour to his kindred, being solicited thereto by his and their wives. Valerius, a Noble man of Rome, seeing this partiality, exclaimed against him for it, saying, That Brutus spared not his own sons, but Collatine to please a few women was about to let manifest Traytors to their countrey, escape: and the people called for Brutus again, who being returned to his seate, spake thus, For mine own children, I judged them, and saw the Law executed upon them; for these other, I leave them freely to the judgement of the people: whereupon they all cried out, Execution, execution; and accordingly their heads were presently struck off. Plut.
See the example of Isadas in Valour.
Alexander M. returning out of India into Media, great complaints were made to him of the covetousnesse, and injustice of Cleander, and Sitales, whom he had made Governours over that countrey; whereupon he commanded them to be slaine for the terror of others; the like he did in divers other countreys upon the like complaints made against them. Q. Cur.
Domitian the Romane Emperour though otherwise a wicked man, yet was severe in punishing Bribery in his Judges, and Officers. Sueto.
Alexander the Great, though full of military affairs, yet would many times sit in judgement to heare criminal causes; and while the accuser was pleading, he used to stop one of his eares to keep it pure, and unprejudiced, therewith to heare the accuseds defence, and play for himself. Plut.
Augustus Caesar took such delight in hearing causes, and administring Justice, that oft-times the night could scarce take him off: yea, in his sicknesse he would cause the parties to come to his bed-side, that he might heare them. Sueto.
Nero in the beginning of his Reigne, was so tender-hearted, that when he was to signe a warrant for the execution of a condemned person, he wished that he could neither write nor read, that so he might be exempted from such actions.
David King of Scotland, Anno Christi 1125. used himself in person to heare the causes of the poore, and if he understood that any were oppressed by wrongful judgement, he recompenced the party wronged according to his losse, and hindrance out of the estate of the Judge that had pronounced false judgement. John Mayor in his Chronicle.
Themistocles being Praetor of Athens, Simonides the Poet much importuned him for an unjust thing, to whom he answered, Neque tu bonus Poeta esses, si praeter leges carminis caneres, neque ego c…vilis Praetor essem, si praeterquam quod leges permittunt, tibi gratificarer: As thou, Simonides, shouldest be no good Poet, if thou shouldst swarve from the rules of Poetry, so neither can I be a good Magistrate, if to gratifie thee, I should swarve from the rule of the Lawes. Herod.
Themistocles telling the Athenians that he had found out a way to make Athens the greatest of all the Cities in Greece: but it was a secret not fit to be imparted to all the people; they thereupon commanded him privately to communicate it to Aristides, of whose honesty, and Justice they all relied: this Themistocles did, telling him that if they would presently burne the Grecian Navy, they by their shipping might command all Greece: Aristides coming forth to the people told them, that nothing was more profitable, but withal nothing was more unjust then the project of Themistocles: whereupon the people commanded him to forbeare the execution of it Pez Mel. Hist
Darius Junior was so strict, and a severe Justicer, that men might travel safely through all his dominions with out any danger. Xenophon.
Pyrrhus King of Epyrus war ring in Italy against the Romanes, Fabricius was sent with an army against him, and the Tents of each Army being p…ed n…ere together, the Physician of Pyrrhus came to Fabricius, and proffered to poison his King if he would give him a good reward: but Fabricius instead of rewarding him, bound him and sent him to Pyrrhus, telling him of his treason. Pyrrhus admiring him for his justice, said; Ille est Fabricius, qui difficiliùs ab honestate, quàm sol à cursu suo averti potest: It's easier to turne the Sun out of his course then Fabricius from his honesty. Eutropius.
Marcus Attilius Regulus a Romane Consull, fighting in Affrica against the Carthaginians, was at last by subtility taken prisoner. Yet was sent to Rome for the exchange of prisoners, upon his oath that in case he prevailed not, he should return, and yield up himself prisoner to them again: when he came to Rome, he made a speech in the Senate-house to disswade them from accepting of the conditions: and so without respecting his wife and children, he returned to Carthage, where he was grievously tormented in a Little-Ease knocked full of nailes, that he could neither leane, sit, nor lie till he died. Cicero.
When the Corps of Thomas Howard, second Duke of Norfolk, was carried to be interred in the Abbey of Thetford, Anno 1524. No person could demand of him one groat for debt, or restitution for any injury done by him. Weav. Fun. Mon. p. 839.
It was said of the famous Lawyer, Andreas Taraquillus that, singulis annis singulos libros, & liberos Reipublicae dedit: Thuanus, Obit. Doct. vir. anno. 1558.
In the dayes of Queen Mary, Judge Morgan▪ chief Justice of the Common Pleas, refusing to admit any witnesse to speak, or any other matter to be heard in favour of the adversary, her Majesty being party, the Queen declared that her pleasure was, that whatsoever could be brought in favour of the Subject, should be admitted, and heard: Qui pro veritate est, pro Rege est: Holinsh. in Q. Mary. p. 1112.
A certaine Lawyer in France was so much delighted in Law-sport, that when Lewis the King offered to ease him of a number of suits, he earnestly besought his Highnesse to leave him some twenty or thirty behinde, wherewith he might merrily passe away the time: we have too many such that love to fish in troubled waters.
Bassanus King of the Sicambrians, was so severe in the execution of his laws, that he executed his own sonne for adultery, and being reviled by his wife for it, he put her away, sending her back to her father, who was King of the Orcades. Isac. Chron. p. 152.
Henry the fourth King of England, when his eldest sonne, the Prince of Wales, was by the Lord chief Justice committed to prison for affronting him on the bench, gave thanks to God for that he had a Judge so impartial in executing justice, and a sonne so obedient, as to submit to such a punishment. Speed.
A Judge in Germany aggravating the fault of a murtherer that was before him, told him that he deserved no favour, for that he had killed six men: No, my Lerd, (said an Advocate that stood by) he killed but one, and you are guilty of the blood of the other five, because you let him escape upon the murther of the first.
The Egyptian Kings usually, and solemnly presented this oath to their Judges, Not to swarve from their consciences, no though they should receive a command from themselves to the contrary.
It's a principle in moral policy, That an ill executor of the Laws is worse in a State, then a great breaker of them.
Pericles, a famous Oratour of Greece, who for the excellency of his speech, and mightinesse of his eloquence was said to thunder, and lighten at the Barre: from the Principles of nature, ever before he pleaded a cause intreated his gods that not a word should fall from him besides his cause.
An old woman complaining to the Emperour Adrian of some wrong that was done her, her he told her that he was not at leasure to heare her suit: to whom she plainly replied: That then he ought not to be at leasure to be Emperour, which came so to the quick that he was ever after more facile to suitours. Fulg….
Lewis the first, King of France used three dayes in the week publickly to hear the complaints, and grievances of his people, and to right their wrongs.
A Macedonian Gentleman called Pausanias, ran at King Philip and slew him, because he had refused to do him justice, when he complained against a Peer of the Realme.
Some of the kindred of Tatius King of the Romans robbed, and murthered certain Ambassadours that were going to Rome, for which their …olk demanded justice of Tatius: but he conn…ving at the wrong, because of his relation to them, the kindred of the slaine watched their opportunity, and slew him as he was sacrificing to his gods. Plut.
Lewis, called Saint Lewis of France, having given a pardon to a Malefactor▪ upon second thoughts revoked it again, saying, That he would give no pardon, where the Law did not pardon: For that it was a work of mercy, and charity to punish an offendor: and not to punish crimes was as much as to commit them.
A certaine husbandman coming to Robert Grosthead, Bishop of Lincolne, challenged kindred of him, and thereupon desired him to preferre him to such an office; Cousen (quoth the Bishop) if your cart be broken I will mend it: If your pl…ugh be old, I will give you a new one, or seed to sowe your land: But an husbandman I found you, and an husbandman I will leave you.
Domitius the Emperour used to say: that he had rather seem cruel in punishing, then to be dissolute in sparing.
It was said of Chilperick King of France that he was Titularis, non Tutelaris Rex: Defuit Reipublicae, non praefuit.
Cambyses King of Persia dying without issue his Nobles agreed that his horse that should first neigh at the place where they appointed to meet the next morning, he should be their King: Whereupon Ocbares Gentleman of the horse to Darius, led his horse over-night to that place, and let him there cover a Mare▪ and the next morning when they were all met, Darius his horse knowing the place, and missing the Mare, neighed, and so Darius was presently saluted for King. Herod. l. 5.
St. Bernards counsel to Eugenius was, that he should so rule the people, as that they might prosper, and grow rich under him, and not he be wealthy by the people.
It was observed of Varus Governour of Syria, that he came poore into the Countrey, and found it rich: but departed thence rich, and left the Countrey poore.
Ptolomaeus Lagi, though a great King, yet never had but little of his own: and his usual saying was: That it was fit for a King rather to make others rich, then to be rich himselfe. Plut.
Tiberius Caesar being solicited by the Governours of his Provinces to lay greater taxes, and subsidies upon his people, answered, That a good shepherd ought to sheare his sheep, not flay them.
St. Lewis King of France on his death-bed advised his sonne never to lay any taxe upon his subjects, but when necessity urged him, and when there was just cause for it: Otherwise (saith he) you will not be reputed for a King, but a Tyrant.
The Emperour Theodosius was wont to say: That he accounted it a greater honour to be a member of the Church, then the head of the Empire.
Amongst the Lacedemonians men were chosen into the Senate, and office of Magistracy, not for their riches, friends, beauty, strength, &c. but for their honesty, and vertue. Plut.
Examples of Marshall Discipline.
A French souldier in Scotland, in the beginning of Queen Elizabeths Reigne, who first mounted the bulwark of a Fort that was besieged, whereupon ensued the gaining of the Fort: The French General Mounsier de Thermes, first Knighted him for his valour, and then hanged him within an hour after, because he had done it without command. Holman in his book of Ambass.
Manlius Torquatus the Roman General, beheaded his own sonne, for fighting with an enemy without leave, although he overcame him. Isac. Chron. p. 147.
Defend the poor and fatherlesse: Do justice to the afflicted and needy, deliver the poor and needy, rid them out of the hand of the wicked,
Psa. 82. 3, 4.