NICODEMVS FOR CHRIST, OR THE RELIGIOVS MOOTE OF AN HO­NEST LAWYER: DELIVERED JN A Sermon, preached at the Assises at Oke­ham, in the County of Rutland, March. 10. 1627.

By ANTONY FAVVKNER, Master of Arts, and late Student in Iesus Colledge in Oxford.

IOB 29. 16.

I was a father to the poore, and the cause which I knew not, I searched out.

LONDON Imprinted by Felix Kyngston for Robert Allott, and are to be sold at his shop in S. Pauls Churchyard at the signe of the Beare. 1630.

TO THE WOR­SHIPFVLL MY HO­NORED GOOD FRIEND MOSES TRYON ESQVIRE, Grace, Mercy and Peace.

SIR,

A Godly liberality is not much different from a frugall prouidence; 'tis but a letter of Returne, by which we shall re­ceiue in heauen what we haue wisely laid out on earth: for hee that hath pitie on the poore, lendeth vnto the Lord; and looke what hee layeth out, it shall be payed him againe, Prou. 19. 17. So that the practise of this piety, is the most aduantagious vsury: for we lend but temporals, but we shall re­ceiue both the Principall and Interest in [Page] Eternals. Happy might all Gods tempo­rall Stewards be, if they would so imploy their golden Talent. Concerning your owne particular, I will onely thus much say, The prayers of the poore for you will sooner present your charity to God, then the prayses of my Pen can vnto the World. And as for the no meane appre­hension of your fauour and good mea­ning towards my selfe, I can returne no o­ther, saue the poore mans tribute, prayers and thankes: of which this slender Pre­sent, the thinne gleanings of a Country Labourer, is a faithfull, though vnpro­portioned testimony. Which if you but as kindly accept, as it is freely offered, you shall accipiendo dare, be bounteous in recei­uing, and so deserue new thankes abun­dantly gratifying him, who alwaies vnfai­nedly desires

By you and yours in all Christian
seruice to be commanded, Anthony Fawkner.

EGREGIO VIRO PETRO TRYON, OR­NATISSIMI VIRI MOSIS TRYON Armigeri filio natu maximo [...].

REi priuatae satago: Nec humili fortunae competit inuitâ quo­dammodo Lucinâ, faetum quem vix peperisse ausa est in apricum seueriori Criticorum fronti ex­ponere. Satiùs familiari gra­tandum est lari, tutiusque tyro­nibus domestic â declamare in porticu. Equidem lubentiùs labiorum vitulos fecissem in salutem Maecenatis quàm literas hasce publicâssem in ipsius gratiam; nisi quòd nobis, dignitatem tuam (Ge­nerose vir) [...] istius nostrae vectigal iure proprio vendicâsse, solutumque parumper in hoc Xeniolo censu­que modico tributum aequi consultum iri, meridianâ lu­ce clariùs innotuisset. Ad teipsum quod attinet, ne quae è casto & syncero deprompta sunt pectore, adulterina videantur & fucata adulantis ingenij deliramenta, rem paucis expediam. Depositis collo Bullâ Laribusque ad­huc sub vmbonis candidi priuilegio mediâ iuuentute egisti virum, adeoque subitaneo virtutis incremento mi­nutatim defluentes annorum & aetatis fefellisti moras, [Page] vtpraecoce quâdam maturescente indole gradatim quasi & pedetentim sequaces Naturae gressus praeuenisse videa­ris. Mucos ergo emungant proprios rugosae Hypercri­ticorum sannae. Vacillans adhuc nostrae Theologiae solo­les haec & decidua, pene dixerim primis infantiae vagi­ens incunabulis, sub tuis modò succreuerit auspicijs, abundè mihi videbitur conclamatum [...], fruarque votis vsque ad inuidiam foelicibus

Sigillatim tuus,
Antonius Fawkner.

NICODEMVS FOR CHRIST, &c.

Ioh. 7. 51.

Doth our Law iudge a man before it heare him, and know what he hath done?

MAiesty is an embleme of Di­uinity, and Magistracy the visible character of an inui­sible Deity. So that as men are the best of Mortals, Iudges also are the best of men, and are by so much li­ker their Creator, by how much his Warrant authorizeth them aboue his creatures. Men indeed are like God by a benefit in their creation: Iudges more like him by the addition to their creation of the preheminency of their function. Men are like him in the fabrick of their soules, they, more like him, because both in that, and the excellency of their Office. If then Melancthon may tearme men Earthly gods, in re­spect of inferiour creatures, why may not Dauid stile Iudges transitory gods, in regard of inferiour [Page 2] men? I [...] said, you are gods, Psal. 82. 6. The Lord indeed is God of gods, but he hath selected these to be gods to men. Yet though God per­mit them to partake of his Authority, tis with a condition, that they shall partake of his Iustice too. God workes all for his owne glory, and his infinite glory is his infinite Iustice. Now because power is the supporter of Iustice, God makes thē great, not because they should be great, but be­cause by being great, they might dare to be iust. Those then whom God makes great, wee deeme to be good, so that their place begets a reuerence; their reuerence, feare; and greatnesse mixt with goodnesse produceth imitation: insomuch that Honour becomes Example, and Iudges liues, the peoples rules. So that they liue not their owne liues alone, but other mens; and the perill of their soules hazzards others. As then there is no de­formity so vgly as corrupted beauty, so no Cal­ling so wicked, as the best turned bad. Bad in it selfe, worse by example; worst, if at all bad, be­cause it should be best; most dangerous, because most eminent. Adam indeed sinned, yet still con­tinued man; but if Angels transgresse, they can be no lesse then Diuels. Peasants may turne Pa­gans, and none take notice: but if Iulian become an Apostata, an Empire is in danger. Ieroboams transgression made Israel to sinne; and though the people compell Aaron to make an Idoll, yet if he doe it, being a Magistrate, he brings the sin vpon them, Exod. 32. 21. He that beleeues in me, saith Christ, out of his belly shall flow riuers of waters of [Page 3] life, Ioh. 7. 38. An ample reward of the Iewes be­liefe, if they had belieued. And (poore soules!) many had belieued, had not the example of their Rulers hindred their beliefe. Many resolued that he was the Prophet, Vers. 40. Some confessed he was the Christ, Vers. 41. Yea, and the frozen consciences of the barbarous Officers, which went with a full resolution to arrest him, were so thawed, that, let the Magistrates thinke will or ill, they must needs confesse, that Neuer manspake like this man, Vers. 46. Their consciences acknow­ledged him, their tonges confessed him: yet (for the force of example from Authority!) the wick­ed thinke to stop their mouthes with this owne question, Doth any of the Rulers or Pharifes beleeue on him? Vers. 48. Nay, immediately with open mouth, according to their old fashion of balling Templum Domini, Templum Domini; The Temple Ier. 17. 4.of the Lord, The Temple of the Lord: or, Wee Iob. 19. 7. haue a Law, and by our Law hee ought to dye, they would condemne him vntried against the Law: and in the next verse out-law him and his, with a dire Anathema, [...] ▪ This rout, this Many which know not the Law is oursed, Vers. 49. So would they haue sterned the Law by their owne passions, till Nicodemus returnes the curse vnto the heads of the cursers, and mauger their bragging of their skill in the Law, conuicts them of iniustice by a question from their owne Law; [...]; Doth our Law iudge a man before it heare him, and know what he hath done? Not to [Page 4] De simili quaesti­one vide Beza in S. Mat. 7. 22.be tediously curious vpon the words. The Verse is such a question, as may be naturally resolued by a Negatiue position; and that easily done by the Metathesis of the particle interogatiue, transfer­red from the subiect to the implicite Copula▪ so that [...], &c. Doth our Law iudge a man before it heare him, and know what he hath done? is equiualent, and the same with [...], &c. Our Law doth not iudge a man before it heare him, and know what he hath done. And my Text so vnder­stood, may seeme to be Solstitium solis Iustitiae, The Solstice of Iustice. It must not bee idle, but pro­ceede thus farre: nor is it boundlesse, it proceeds no further. It must iudge, else 'twould not be Iu­stice: it must iudge within the limits of these conditions, else 'twould be iniustice. The questi­on is already become a position; let vs once a­gaine turne the Negatiue position to an affirma­tiue proposition; and that not by the dislocation of one Negatiue particle, but the exemption of them all. If then our Law doth not iudge a man before it heare him, and know what hee hath done; it followes, à contrarijs, that our Law doth iudge a man, if it heare him first, and know what he hath done. And the Text thus taken, points at two things, [...] and [...]; the Law in the first part; Our Law doth iudge a man; and the Iudge in the second; If it heare him before, and know what hee hath done. The first part shewes vs [...], the rule of Iustice, the Law dead with­out the Iudge. The second points out [...], the liuing Law, the Iudge, corrupt without the [Page 5] Law. Againe, the first part containes two things. First, the Rule of Iustice, [...], the Law; noted by her coate of difference, [...], our Law, the Iewes Law, Gods Law. Secondly, the act of Iu­stice, Iudgement, [...], Our Law doth Iudge; and that againe attended with its obiect, circa quod, [...], a man. In the second part are euident two especiall necessaries to a good Magi­strate: The first is diligence, [...], hee must heare; and that both [...], before hee proceede to sentence; and [...], of him that is accused. The second is knowledge, and that both of the fact, and the manner of the fact, [...]: And know what he hath done. Of these (the God of Truth assisting) and first of the first, the Rule of Iustice.

[...], The Law.

Gilbertus in Cantica. Ier. 30. Sine lege sunt quae sine ordine sunt, saith an Anci­ent; Order is one end of the Law, God the Au­thor Philo Iudaeus de Fabric. Mundi.of all Order. Hee might haue created the World as well in one day, as sixe; and all at once as easily, as Heauen first, and Man last: but by his wisedome were all things made, and the God of Order would be the example of Order. Now as all is made, all must be sustained, lest Order should againe be swallowed vp in confusion. So that as all was created in order, all must bee so created, that it may remaine in order. Wherefore God will at once be [...] and [...], a Creator and a Lawgiuer; and with the same Fiat rouze from confusion and command to obedience. Each creature is so made it selfe, that it cannot be ought [Page 6] saue it selfe. The wisedome of his bounty giues it a Beeing; the wisedome of his order giues it but one Beeing. Nor is this order in essence on­ly, but in the consequents of it, its qualities. The nimble fire will be aboue, and not below; the sul­len earth onely below. The two great Lights haue their alternate courses. The Sea may threa­ten, cannot Domincere; it must ouerflow so much earth, and but iust so much. Thus the Decree of God checkes all Natures: his Word created by a secret power; his Wisedome gouernes by an eternall Law. By the Word of the Lord were the Hea­ven's made, Psalm. 33. 6. and he made a Decree for the name, Iob 28. 26. Now though all things are, and are guided by this eternall Law, yet this Summa ratio, (so S. Augustine stiles it) this supreme di­rectiue S. August. de lib. arb. c. 6.rule, though it bee aliqualiter (as the Schooleman limits) in some sort in all creatures Aquin. 12. q. 92. Art. 2.subiect to the Diuine prouidence; yet I say more especially, more eminently it shines in man. So that by this more excellent impression of the eter­nall Law, there followes a participation of that Rule in man; by which hee hath an inbred incli­nation to the accomplishment of his proper acts and ends. Which participation of the eternall Law is defined to be the Law of Nature. By the light of which wee may easily view what should be done, by our naturall inclination to what wee would doe. God hath made vs to be men, and the nature of men constraines vs to be sociable. Yet is not Nature so blind a guide, nor so vniust a Mi­strisse, as to command society, and not to instruct [Page 7] vs how to conserue it. Wherefore she hath writ­ten in our vnderstandings one wise lesson, from which our working intellectuals may deduce the rest of all her precepts. And this generall Statute is Eligere bonum & vitare malum; The common instruction of Nature is, that wee should imbrace what is good, and shunne euill. Tis an euill against Nature to destroy the worke of Nature; from thence is concluded the Law, Thou shalt not kill. The conseruation of humane society commands, that euery man should haue his owne; from thence is enacted the Law, Thou shalt not steale. So that that generall maxime is inuiolable. Dianysi­us knew it, when he confessed, [...]. Plutarc. [...]. [...].The constitutions indeed of publike estates may be violated, the ge­nerall Law of Nature cannot. But from it, as from a common source, proceedes in some sort the whole streame of morall vertues, which, as the Law, are what they are, by the rule and square Rectae nationis, of a directiue reason. So that Plato Plato de legibus lib. 12.stept not much awry, when hee would haue [...] the Law receiue its Etymologie from [...], or [...], the mind, considering the Law is indeed dictarnon nactae rationis, the constitution of Reason, the proper faculty of the discoursing minde. This Law of Nature then is the image of the Eternall, and from it may arise the principles of morall ver­tues. S. Amb. in epist. ad Rom. c. 5.Saint Ambrose in other words saith as much, if not more, diuiding this Law of Nature into three parts. The first teacheth to giue, and so to giue honour to our Creator, as not to impart or [Page 8] share it to any of his creatures. The second part is morall, instructing vs to liue by the rule of mo­desty and vertue. The third, Preceptiue, com­manding vs to furnish others with the knowledge of our Creator, God, and season them with the precepts of vertue and morality. And so the Gen­tiles which had not the Law, did by Nature the things contained in the Law, and hauing not the Law, were a Law vnto themselues, Rom. 2. 14. Now because, by reason of the imperfect estate of our depraued nature, our passions will swell to perturbations, and can receiue such strength from the Law of sinne, that they are able impetuously to rebell against the Law of Nature, it is necessa­ry that from the common precepts of Nature (as particular and vnknowne conclusions are drawne from common and apparent principles) mans vn­derstanding should deduce and enact other seue­rall Canons for the more particular disposition of the community in order: which should de­terre those from vice by feare of punishment, whom the instructions of Nature cannot per­swade to be good by loue to vertue. And such like particular constitutions drawne from the Law of Nature, which is deriued from the Eter­nall, receiue a third denomination, distinct from both the former, and are intituled, Lex Humana, or Positiua, the Humane, or Positiue Law. Such as Rud. Com. Graec. fol. 1033.were amongst the Heathen, Draco's Decrees, which (as Budaeus notes) were more especially termed [...], Theses, Positions, setled or determi­ned ordinances: which though in regard of the [Page 9] Law-giuers, and the acts of men, to which onely they are a rule, they may be termed Humane; yet after iust and due enacting by the authoritie of Postellus de Magistrat. A­then. cap. 5.the publike assent, or publike person, and the open receipt of thē after promulgation in the time and place of concourse, as amongst the Athenians, and Die trinundino in Foro, in the open Market place a­mongst the Romanes; then Religion tels vs, that Lex the Law takes its name from its owne Etymon à ligando from binding. So that whatsoeuer is sub­iect to the superior power, is consequently subiect to the Law of that power. Which insomuch as it partakes (though but mediately and remotely) of the eternal Law, binds the inferior subiects to its obseruance, yea, in foro conscientiae, by the tye of Religion and Conscience. There is no power but of God, Rom. 13. 1. Wherefore yee must bee sub­iect, not because of wrath onely, but also for conscience sake, Vers. 5. By me (faith the Lord) Kings reigne, and Princes decree iustice. By me Princes rule, and the Nobles, and all the Iudges of the earth, Prou. 8. 15, 16. Whosoeuer then resists the power, resists the ordinance of God, Rom. 13. 2. It followes then, that none, no not the righteous are exempted from obedience to this Humane Law, as it is a directiue Rule, or guiding power; though in respect of its coactiue authoritie they are priuiledged, as preuenting compulsion by voluntary obedience. And in this sense indeed the Law is not giuen to righteous men, but to vngodly, 1. Tim. 1. 9. And Saint Paul may bee an exegeticall Commentator on this place in another: For Princes are not to bee fea­red [Page 10] for good workes, but for euill, Rom. 13. 3. Nor are we onely bound to submit our selues to the iudgement of this Law, but Magistrates are as much required, to frame and proportion their determinations according to this Law. The Xenophon [...].square then of our actions must bee the rule of their iudgements, and that [...] must be as definitiue of their censures as our deeds. Xenophon tels, that Cyrus learnt of his Tutor, that there was no difference betwixt [...] and [...], lawfull and iust, and as little betwixt [...] & [...], lawlesse and violent; so that hee seemed to confine Iustice to Law, and would alwaies proceed according to Law, lest at any time he should seeme vniust. Such force then is in the Law, that it binds all processe in Iustice to be according to the Law. So that he which in the administration of iustice strayes Postellus de Mag. Athen. c. 6.from the order of the Law is as much an offen­dour, as he whom he condemnes as a transgressor of the Law. And therfore the Athenians thought it a small conuenience to their Commonwealth to prouide [...], Law-giuers vnlesse they had also appointed [...], a sort of superiour Gouer­nours to receiue an account from the Iudges Plato de leg-Dial 111.of their common and ordinarie proceeding according to the Law. Plato would haue the Law as a picture, by whose proportion, as by Varro de ling. Latin. lib. 5.a patterne and exemplar, Magistrates should Christoph interp. Philon. Iudaei. de offic. Iudicis.forme their censures. Iudex, the Iudge is but In [...] dicens, not the maker, but the speaker of the Law; Administrator Iudicij (as an interpreter of Philo) The iudgement is Gods, hee is but the pronoun­cer; [Page 11] and amongst the Romanes, Suetonius ranking the most choise and honourable titles which the Emperour Augustus bestowed vpon his beloued Tiberius, registers Ducem [...], That hee was a Gouernour precisely obseruing the prescript of the Law. And no lesse honour might Foelix seeme to haue deserued, who would not for fauour deli­uer Saint Paul to death against the custome of the Romanes, Act. 25. 16. And Ahashuerosh might haue been an example to them both, not giuing sentence according to his owne angry humour, but the Nations decrees; What shall wee doe with the Queene Vashti according to the Law? Ester 1. 15. Sure I am that such a one was Nicodemus, who askes not in my Text [...] Doth the Iudge? but [...], Doth our Law iudge? As if the Iudge could not decree, but the Law; or if the Iudge, yet as onely directed by the Law. Or if the Hea­thenish Romanes, vnder whose dominion they then were subiect, had had such a barbarous Law, as to iudge a man before accused or heard: yet sith the Iewes were vnder the Couenant, and im­mediately directed by the Law of God, hee in­quires further, [...]; Doth our Law so? which is the next considerable.

[...], Our,

The Law of the Lord is an vndefiled Law: Psal. 19. 8. Moses might heare it from God, as accepted for holy; Israel might heare it onely from Mo­ses, as but onely called to bee made holy. Israel must not touch Mount Sinay, no not touch it lest [Page 12] they die, though it bee to heare the Law, by the performance of which they should liue. Gods Maiesty would promulge it in thunder and dark­nesse, that all might heare and tremble: his Mer­cy would ingraue it in Tables of stone, that all might see and reioyce. Here Ius Gentium becomes Ius Iudaicum, and the inuiolable decree of Nature made stronger by the promulgation of God. False witnesse is a fault against Nature, yea, and a sinne against God. Thou shalt not beare false witnesse against thy neighbour: Exod. 20. 16. God is truth; false­hood is his enemie. God is Iudge: Psal. 50. 6. And shall not the Iudge of all the World doe right? Gen. 18. 5. No man must be condemned by his Law indict â caus â, his offence not proued; but at the mouth of two or three witnesses the matter must be esta­blished: Deut. 19. 16. Moses deliuered this Law to the Iewes when they dwelt in tabernacles, and Iosep. de Antiq. Iud. lib. 4. c. 8.it was yeerely repeated by the High Priest, faith Iosephus, at their Feast of Tabernacles. Loe then how malice may peruert Iustice! This Law was deliuered by God to Moses, by Moses to their fore­fathers, by the High Priest yeerely with folemni­ty to themselues, and by themselues daily accor­ding to Gods precept to their children, Deut. 6. 7. and might not Nicodemus then iustly wonder, that being Masters in Israel they knew not this? Let them then but checke their heady choller, or shake off their lingring malice, and they may through halfe-closed eies perceiue, that God for­bids false-witnesse, not witnesse. Probabilities indeed may be the ground of a suspicion, but they [Page 13] must proue ere they can iudge; which is the next considerable, [...], Doth our Law Iudge, &c.

[...], Iudge.

Ʋarr. de ling. Lat. lib. 4. & Non. Marcel. de prop. Serm. Virtus à vi, say the Latine Critickes, [...] from [...] as the Greekes. Both Rome and Sparta so ho­noured warlike prowesse, that they esteemed it as the Soueraigne of Vertues: yea, so much, as that they would haue the name of Vertue in ge­nerall to bee deduced from strength and warre. Yet Agesilaus, a Spartan Prince, no lesse honoura­ble for Prowesse then Iustice, would notwithstan­ding measure his greatnesse by Iustice, not Prow­esse. For hearing some name the Persian Monarch according to his affected title, [...], the Great King, he taunts the swelling title by a question of comparison, [...]; Plut. [...]. I pray you in what can he be greater then my selfe, if he appeare neither wiser, nor iuster. And although hee knew well enough which way the streame would goe in the Lacedemonians iudgements, honouring valour aboue all vertues, yet being de­manded which was the Nobler, Fortitude or Iu­stice, he gaue sentence on Iustices side, and shew­ed his reason in his answer, [...], Fortitude is but the guard of Iustice; and were Plut. [...]. there no Traytors that would violate her, we needed no Ambr. de offic. lib. 1. cap. 28. valour to maintaine her. Saint Ambrose makes good her excellency by comparing, if not prefer­ring her to another vertue, of no lesse eminencie in a Christian, then valour in a Spartan▪ Benefi­cence. [Page 14] Diuiding the whole frame of humane so­ciety into two parts, Iustice and Beneficence, of the two (saith he) Iustitia mihi excelsior videtur, Li­beralitas gratior: illa censuram tenct, illa bonitatem. They are not vnlike the two sisters, Leah and Ra­chel; Birth-right preferres the one, Nature the other: Iustice is royall, Liberality beautifull. A Scepter becomes the one, Mercy adornes the o­ther: Authority is the Crowne of Iustice, Boun­ty, Bern. Serm. paru. Ser. 11.of Liberality. S. Bernard anatomizeth Iustice some what more curiously; diuiding her, not as a sister from Beneficence▪ but as the whole into her two parts, Beneficence and Innocency. Now, saith he, Innocentia Iustitiam inchoat; Beneficentia con­summat. To doe no wrong is the beginning of Iustice; to doe right the perfection. It begins in Innocency, it ends in Charity. So that Agesilaus Xenophon. [...].his [...], To abstaine from oppression, was but Iustice in its Innocency: it must be the Suum cuique tribuere, to giue each man his due: to helpe the oppressed that can crowne it with Benefi­cence. And indeed Iustice in this her perfection, is the Queene of Vertues, excelling all the rest, by how much a common good which she onely re­spects, exceeds a priuat, or personall, in which the acts of all, (at least, the most of all) the rest are ter­minated. But this Theame of Iustice is too large a field to runne ouer in the few remaining mi­nutes of an houre: wherefore we will passe by it to view, and but view its act, Iudgement. Briefly Aquin. 22. q. 60. ar [...]. 2.then, the Learned haue as sufficiently, as concise­ly determined, and confined iust Iudgement vnto [Page 15] three conditions; by the defect of any of which, the Iudgement becomes vnlawfull. First, it must be according to the rule and square of Iustice; otherwise it is peruerse, and so vniust. Iudicium Iustum iudicate; Iudge righteous iudgement: Ioh. 7. 24. Secondly, it must proceed from iust autho­rity; else it is vsurped, and then the party accused may iustly demand of such a Iudge, as the Egipti­an did vniustly of Moses, Quis te constituit Iudicem, &c. Who made you a Iudge ouer vs? Exod. 2. 14. For he can haue no power, except it be giuen him from aboue: Ioh. 19. 11. Thirdly, it must be secundum rectam rationem prudentiae, by the appro­bation of reason and prudence: else if it proceed from suspicion or doubtfull, and not manifest proofes, it is vnlawfull, because rash. And in that sense our Sauiour forbids vs at all to iudge: Matth. 7. 1. and the Law in my Text agrees with the Gospell; Doth our Law iudge a man before it heare him, and know what he hath done. But because this may seeme to conduce to the office of the Ivdge, it may leade vs to the second part of my Text, the second necessary requisites to a good Magistrate. Which because according to the Apostles grant, I may exhort an Elder as a Father, I will touch: 1. Tim. 5. 1.and againe, lest by a rude petulancy, or indiscreet presumption, I might seeme, against the Apostles rule, to rebuke an Elder, I will but touch, and so draw to an end. First then of the first; [...], hee must heare; the Iudge must

Heare.

Diligence. The order of Nature in the manner of our sen­sitiue [Page 16] knowledge seemes to me to be a patterne of the order of Iustice in Iudgement. Let then com­mon sense be Queene in the part sensitiue, the vt­most confines of the world of man. The outward senses are the witnesses infallibly presenting their obiects vnto her; of which after euidence pre­sented from them, and not before, she can onely iudge. Tis easily applied by the termes in the si­militude. Tis the witnesse that condemnes the man, the Magistrate can but iudge after witnesse; yet must he make diligent search: Deut. 19. 18. He must stop one eare with Alexander against the wit­nes, and reserue it for him that is [...], and stands accused. Neither must he only heare, but heare [...], from him. His eares must not bee in his hands, that so by receiuing bribes, against the Ambr. de of fic. lib. 1. cap. 28.rules of Nature and Iustice, he should confound Hearing with Feeling. Quomodo potest esse iustus alteri, qui studet eripere alteri quod sibi quaerat? Saint Ambrose would faine haue been resolued how it could possibly be, that a couetous man should bee iust, sith his care is onely to inrich himselfe, no matter by whose goods. Wherefore Gods com­mand is, that they take no gifts, Exod. 23. 8. Again, neither must his eares bee in his eyes, when hee reades any of my great Lords letters, either to the fauour or preiudice of the prisoner. Cato was not more seuere then iust, when he would haue Iu­dicem nec pro Iustis orandum, nec pro iniastis exoran­dum: A good Magistrate neede not be intreated to fauour the guiltlesse, and should not be ouer­intreated to succour the guilty. Wherefore if for [Page 17] feare of any great Ones the Magistrate peruert Iustice, hee is in Iosephus opinion iniurious to the Almighty, and blasphemous against God. Quasi Ioseph. Antiq. Iud. lib. 4. cap. 18 verò (saith he) is infirmior sit habendus quam illi, quo­rum potentiae metu, praeter ius fertur calculus. Nam Dei potentia est iustitia. Gods Iustice is his Power; they then which lesse feare to oppose it, then dis­please men, feare men more then God▪ and conse­quently esteeme them greater then God. Nor may the poore, if guilty, claime a pitty. It is due to his aduersitie, not to his sinne. Qui autem suâ Philo Iud. de of­fic. Iudicis. sponte se obstringit sceleribus, is non infoelix sed iniustus censendus est: Hee which voluntarily mancipates himselfe to iniquitie, must not be pittyed because poore, but punished because wicked. So Philo Iu­daus instructs and receiues his warrant from the Lawgiuer; Neither shalt thou countenance a poore man in his cause: Exod. 23. 3. Yee must therefore decree [...], according to Gods iudgement, 1. Pet. 1. 17. and according to his command; Re­spect not any person: Deut. 16. 19. Againe, hee must not onely heare [...], from him that is accused, but also [...] before hee proceed to sentence. Set. Munster. Cosmog. de Vn­gari [...].Not according to that barbarous custome repor­ted of Clagen, a Towne in Carinthia, where vpon suspicion they condemne the man, and after trie the carcase: but according to the laudable man­ner of the Romanes mentioned in holy Writ; It is not the manner of the Romanes for fauour to deliuer any man to death, before he that is accused, haue the ac­cusers brought before him, and haue place to defend himselfe concerning the crime, Act. 25. 16. But of [Page 18] Budaus com. Grac. fol. 1349.this before. To returne then: Budaeus notes two other significations of [...]. The first is, Interpreta­ri, to interpret. Notwithstanding, indeed the Law written hath been heretofore said to bee [...], for the most part the guide of Iudge­ment; yet because mens actions by their seuerall multiplicity may seeme to bee infinite, and from thence may arise sundry particular cases, which the Law in its generall mandates seemes not di­rectly to aime at, nor foresee, by reason of diuers circumstances, perchance extenuating the nature of the fact, it would seeme harsh, that these should Aristot. Eth. 5. c. 15.be censured by the rigour of the letter. Where­fore in the Iudges breast there may rest an [...] ▪ or middle equity, tempering Iustice by the mil­der interpretation of her Law, lest shee should seeme seuere, yea, euen to iniury: yet so propor­tioning the Law to the fact, that it may not seeme Esth. 1. 19.violated, but mitigated; not neglected, but per­fected. Artaxerxes could not recall his sentence by the Persian Law, but hee would oft-times as­swage Erissonius de Regibus Pers. lib. 1. Tertul. Apol. aduers. Gent. cap. 4. it, cutting off the head-tyre for the head. And no lesse humanity was in the Emperour Se­uerus, whom Tertullian testifies, Suffundere maluisse sanguinem quam effundere; Hee had rather punish rubore, then morte, by shame then death; and it was esteemed a better tempered iustice for a light offence, by a blush of shame to bring the Hugo Card. in Eccles. 7. 18.blood into the offenders face, then by the axe of execution to spill it on the ground. And this e­quity the Preacher approoues, by disallowing its contrary; Be thou not iust ouermuch: Eccles. 7. 18. [Page 19] he shewed his reason in the precedent verse; For there is a iust man that perisheth in his iustice: Vers. 17.

The other sense of [...] is Intelligere to vnder­stand, or know which leades me to the next gene­rall requisite to a good Magistrate:

Knowledge.

Knowledge. How necessary knowledge is to a Iudge, may bee somewhat euident by the meaning of the word [...] in my Text, which is to Iudge; but hath a neerer signification, secerno, to seperate, or diuide one thing from another by election or re­fusall, which intimates a knowledge. After God had promised Salomon his request, 1. King. 3. 5. he answers by asking in the ninth verse, Giue vnto thy seruant an vnderstanding heart, that I may discerne be­tweene good and euill. Wherefore because experi­ence is the mother of knowledge, and age most grounded in experience, the Iewes Gouernours were the Elders of their Cities. Not vnlike which Magistracie, was the Athenians [...], not to bee better expressed then by a third example, the Ro­mans Senate. But, not to walke vpon this beaten tracke, my Text briefly appoints two things most especially to be knowne. The first is [...], what it is that is done; whether an easie slippe, or a foule transgression; and (as Hugo Cardinalis comments) Hugo Card. in. S. Job. c. 7. v. 51. ad quem finem, for what intention, for that mea­sures the action. The second, [...], what is done, in act, not intention, for that makes the intention compleate. But the time checkes. A word of ex­hortation, and so an end.

To the Iudge Iustice Hutton Though I doubt not (Right Honourable) that [Page 20] your wisedome may preuent my admonition, yet I know a vocall warning, especially from a Pulpit, the Oratory of God, hath its special force and peculiar energy. Philip of Macedon knew well enough that he was a man, yet he would eue­ry day be told so. Wherefore I beseech you, and not onely you, but all the inferiour Iudges, euen to Iurours, and the like, to whom the whole scope of my Sermon is as applicable, as vnto your selfe, that you will beare a few words of exhortation. They are but a few. To day is Dies Criticus, a blacke and gloomy day of Iudgement: a little Doomesday, a type of the great one. When yee therefore iudge, consider with your selues seri­ously these few particulars. First, what you are that iudge. Sure youle blush when you call to minde: Dust of dust, a clayie lumpe, a heape of Psal. 82. 6, 7.ashes. Terraterram iudicat, Earth iudgeth earth. Now yee are gods, but you shall die like men: to day you take away life, to morrow you may lose your owne. Nor are you exempted from the common lot of humane misery. Now is the pri­soners course, very shortly may bee the best of ours. If then you peruert iustice while the staffe is in your hand, expect a deserued misery; [...], H [...]m. [...].God will punish you, legetalionis, by a iust Law of paritie. Vae qui pradaris, &c. Woe vnto thee that destroyest: When thou hast made an ende of doing wickedly, they shall doe wickedly against thee: Esay 33. 1.

Goe too then, grind the face of the poore; ac­cept persons in iudgement, oppresse the widdows [Page 21] and fatherlesse crying for iustice; shed innocent blood. But stay, and heark, the Preachers trumpe summons thee before God by a fearefull Scito, Know that for all this thou shalt come to iudgement: Eccles. 11. 9. Thou mayest indeed kill the inno­cents body, but ex ore tuo condemnaberis, thy sen­tence shall rebound, and by a mortall recoyle pierce thine owne soule. Secondly, consider in whose place you sit. In the seat of God, the iust God, and the mercifull God. Sing therefore with Dauid in your actions both mercy and iudge­ment vnto the Lord. Destroy betimes all the wicked out of the land: Psalm. 101. 8. yet be mer­cifull also as your Father is mercifull: Luk. 6. 3. 6. Thirdly, remember in whose presence you iudge: againe, in the sight of God, a iust God, a iealous God, a terrible God, a God that will auenge vnto the third and fourth generation. Hearken then vnto the caueat of Malachies memento; Remem­ber yee the Law which he commanded, with the Statutes and Iudgements: Malach. 4. 4. For it is a fearefull thing to fall into the hands of the liuing God: Heb. 10. 31. Neither deceiue your selues with a vaine se­crecy, saying, The Lord shall not see, nor the God of Iacob regard. Shall not he which plan­ted the eare heare? or he which formed the eye, shall not he see? His eyes are ten thousand times brighter then the Sunne; darkenesse is to him as the noone day; yea, the righteous God search­eth the heart and reines: Psal. 7. 9. Iustice is Gods honour, and the Lord is iealous of his glorie. If therefore you transgresse, hee will surely find it [Page 22] out. The offendours indeed of mans Law may escape the punishment, saith the Heathen Xeno­phon) Xenop. [...]. [...], some by a priuiled­ged greatnesse; some by a subtile priuacy: but they that transgresse against Gods Law, must needs vndergoe the censure, [...], Wisd. 16. 15.(as the same Author) which a man can by no meanes auoide: for it is impossible to e­scape Gods hand. Can any hide him in secret places, that I shall not see him, saith the Lord? Do not I fill Heauen and Earth, saith the Lord? Ier. 23. 24. If therefore yee are rebellious, and com­panions of theeues, euery one louing gifts, and following after rewards; if yee iudge not the fa­therlesse, neither suffer the widowes cause to come vnto you, Thus saith the Lord, the Lord of Hosts, the mighty One of Israel; Ah, I will ease me of mine aduersaries, and bee auenged on mine enemies: Isai. 1. 23, 24. Fourthly and lastly, thinke seriously whom you iudge: the answer to which brings me to a point in my Text, hitherto of purpose ouer-passed, that the Law and Iustice might bee handled together. [...], A man. [...], &c. Doth our Law iudge

A man? &c.

A man? Nec ampliùs dicam, nec opus est; I can say no more, nor neede l. A man; the Image of God; a walking world; the worke of a Trinity: Let vs make Man, Gen. 1. 26. A man: thy brother the begotten sonne of thy naturall father Adam; thy brother, the politique sonne of thy Ciuill Fa­ther, [Page 23] the Prince; and againe, thy brother, the a­dopted son of thy heauenly Father, God. Vespasi­an had a combat betweene his Office and Nature: Iustis supplicijs illachrymauit & ingemuit, as Suetonius; He was an Emperour, therefore must needs iudge and condemne; he was a man too, and therefore by as great a necessitie hee must sigh and pitie. Learned Athens, was not void of a morall pietie, and euen that is alwaies attended with mercy. Suet. in Vespas. Postellus de Mag. Athen. cap. 25.Their chiefe seate in their [...], their iudge­ment-hall was [...], Iouis liberatoris: Their chiefest God was their pardoning God; the crowne of soueraignty is mercy. Holy Scripture honours it as much, nay more, making it a title of the true God, yea, and that a great title, for, His mercies are aboue all his workes. Himselfe will bee stiled, Pater misericordiarum, the Father of mercies, 2. Cor. 1. 3. And to induce vs Patrizare, to bee like our Father in an easie clemency, he leaues vs mer­cy as an inheritance, and reward of our mercy: Blessed are the mercifull, for they shall obtaine mercy: Matth. 5. 7. Yet, as man indeed beares the Image of his Creator, and ought therefore to bee seri­ously tried before condemned; so also a notori­ous malefactor beares the marke of Satan: hee hath defaced the Image of God in himselfe, and ought therefore to bee punished. Vice corrupts his Nobilitie, sinne depriues him of pitie; Thine eye shall not spare him. Deut. 19. 13. For he which iustifieth the wicked, and he which condemneth the iust, euen they both are an abomination to the Lord, Prou. 17. 15. To conclude. Blessed is that soule which [Page 24] can be the seate of God. Which is that, saith Saint Bernard? Himselfanswers, The soule of the iust: for Iustice and Iudgement are the establishment of his Throne: Psalm. 89. 14. Doe iustice therefore in these three things; Redde superiori, Redde inferiori, Bern. de Aduen. Dom. Serm. 3. Redde aequali, cuique quod debes & dignè celebras ad­uentum Christi parans in Iustitiâ sedem suam: Giue to thy superiour, giue to thy inferiour, giue to thy equall; to euery of them what is their due: so shalt thou religiously welcome the graces of God into thy heart, and thy selfe in iustice bee e­stablished the holy Temple of God. Where if thou prepare him a residence in this life, hee will prouide an eternall mansion for thee in his new Ierusalem of the World to come, whither hee of his infinite mercy bring vs. Amen.

Deo Trino Vni Gloria.

FINIS.

Errata.

In the Latine Epistle, the second page, line 4. for sololes, r. soboles. p. 3. l. 9. r. well. l. 12. r. lo [...], p. 5. in the marg. r. Gillibertus in Cantic. Serm. 30. p. 10. l. 7. r. [...].

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