THis Text may perswade you, I am making towards Persia, to see the King ban­queting with his Peeres. A sight as well worth your notice as my paines. Let your thoughts but accompany me, I will vndertake to shew you Ahasuerus, whom Ioseph. An­tiq. Iudaic. lib. 11. cap. 4 1. Esd. c. 3. Iosephus and others call Darius Hystaspis, sitting in his royall palace; where (that Per­sicus apparatus) his stately complements in entertaining his subiects, prooued him not more a Prince then a Persian. Such was wont to be the port of that nation, that they would surpasse other Countries as well in magnificence as dominion. Insomuch that one [...]. In hist. à Photi [...] excerptis. Ctesias and Dion deliuer in their histo­ries; that the King had at meales 15 thou­sand [Page 2] a day in his Palace. Now to make vp the solemnity of those meetings, Ahasuerus invites the Queene his wife, that her comely presence might adde glory to his Festiuals. But we finde in the Text, shee refused to come at the Kings command. Serarius the Iesuite (an enimy to Kings prerogatiues by his profession) hath the face to approue her dis­loyall action; and taxeth our Brentius for disliking her palpable disobedience. But hee whose soueraignty might haue made his word a law proceeds against her, not after his priuate humour, but according to law. To which purpose hee appeales to his Iud­ges (fit oracles for a King in execution of iu­stice) and referres himselfe to their advise.

What shall we doe vnto the Queene Vasthi according to law?

Wherein is set before vs,

• 1 An offender to be adiudg­ed; The Queene Vasthi.
• 2 Deliberation before iudg­ment; What shall we doe?
• 3 The level and rule of iudg­ment; The Law.
• What shall wee doe vnto the Queene Vasthi according to law? Beginne (I pray)

with the party to be sentenced, the Queene [Page 3] Vasthi. Quaeres about this woman could make me out-runne your attention as far as some in this point doe their reason. But I o­mit scruples concerning her person, & con­tent my selfe with the evidence of her con­dition. The Text is manifest shee was the Queene.

Could any thing priuiledge disloyalty toward Kings, eminence and alliance might be faire pretences: but neither of these could yeeld her aduātage. The reasō is prest by one of the Iudges in the 3 next ensuing verses. In effect it is this. The offence of the Queen an eminent person, would become exemplary, therefore must be censured with the greater seuerity. Such is the seruile basenesse of our disposition, that sinne it selfe shall not want imitation. Nay August. de pec. meritis. cap. 1.2.3. S ^t Austin tels vs, it was once the opinion of the Pelagians, That on­ly imitation is the cause of original sin. That Father did not, and I dare not, yeeld to them for originall; but I may safely for actuall: e­specially for those offences, which gaine countenance by a great ones practice. Nay, 'tis sometimes in fashion, to take the resem­blance and patterne of a naturall imperfe­ction. Tull. de o­ratore lib. 2. Imitari etiam vitia voluit: Let Caius Fimbria but speake clownish, 'tis hard but [Page 4] some Fusius will take vp his language. Plutarch. moral. A­ristotles authority, and Plato's estimation, can make sects of crump-backes and stam­mering tongues. 'Tis the vnhappy priui­ledge of greatnesse, to warrant both their own and Natures errours. Hence it is, that so many vnaduised idiots borrow their just ruines, taking vp crimes on trust, that they may perish vpon credit: for such are not swayed by reason so much, as by opinion. Let an admired Pharisee but say, CHRIST ought to dye; the vulgar dare blaspheme themselues to hell for his company, Acts 7.51. As your fathers did (said Steuen in the Acts) so doe yee: you sinne by prescription, and haue authority for your damnation, Habet ali­quid ex iniquo omne magnum exemplum, &c. As Cassius hath it in Tacitus. The example of great ones, doth wrong to all sorts. It teacheth the good to be euill, and the euill to be worse: for the lustre of their eminence adornes the deformity of their offences; and cheates the world with the faire garb of their persons; especially being beheld by such partiall eyes, as cannot discerne the truth of things from their appearance. When a pesant meetes luxurie in Socrates gowne, he dares to be such, hauing so faire a [Page 5] cloake for his sin. Aske but Tert. Apol. Tertullian or Aug. lib. 2. de ciuit Dei. cap 7. Austin, their censure on the gods of the Heathen; they'l tell you that no men were more incestuous, then they that were taught by their Iupiters practice. Ter. E [...]. And that wretch in the Comedian, would take leaue to sinne vnder his protection. What? Iupiter memo­rable for fornication, and I so chaste, being but a silly man? Ego homuncio non face­rem? Thus euery slip is a crime in a Leader, since it doth become a rule of errour. If a meane one offend, his sinne is neglected as much as his person: but the supposed wise­dome, grauity, and justice of superiours, win credit to their vilest actions. Well then might judge Mines in Lucian. dial. mort. Lucian, acquit So­stratus on this condition, [...], See thou teach not thy offence vnto others. Cyp. epist. 2. Sce­lus enim non tantum geritur, sed & docetur, saith Cypr. for such as these doe not so much act, as teach offences. Therefore 'tis presu­med, that the torments of such encrease in hel, as the liuing increase in sin through their example. No maruaile then that they are so afflicted in S ^t Iohns vision; Who are so for­ward there, as the Kings of the earth, & the great men, and the chiefe captaines; and the mighty men, to hide themselues in the deus, [Page 6] and in the rockes of the mountaines? Rev. 6.15. They that once made the earth tremble with their power, doe now tremble like the earth vnder the hand of the God of power. They that once did teach to offend by their examples, are now taught what it is to be precedents of offences. If God deale thus on his heauenly Tribunal, no reason his Depu­ties on earth should be partiall. If he spare them least, whose offences are exemplary, then what shall be done vnto the Queen Vast­hi? Againe, it is the custome of greatnesse, to challenge impunitie, by reason of their emi­nence; so that in time they'l out-face autho­rity; then in this respect what shall be done vnto the Queene Vasthi?

The stamp of soueraignty is sacred; ther­fore quickly defaced by a rebellious hand. Touch not mine anointed, preuailes nothing with a seditious mind; especially where the hand is as well armed with power, as the heart with disobedience. None but such as are able to make head, dare demand, Who is Dauid? 'Tis conceit of equality that encou­rageth great ones, to a contestatiō with ma­gistrates. They dare imitate Socrates, Tul. 1. de orat. Qui Dominus videbatur esse Iudicum, whose proud innocence disdain'd the Iudges, and [Page 7] made his vnmannerly zeale, laugh Iustice in the face. Should one aske herein the Atheni­ans aduise, they would prescribe an Ostra­cisme, banishment at least for such daring offenders. As Cato perswaded the Senate in Rome, that Carthage was an enemy too powerfull to be so nigh them. Then the se­curity of the State must be purchas'd with the ruine of Carthage.

Lawes had neuer resembled cob-webs, had there not bin such strong offenders. The feeble gnats yeeld to the least resistance, whereas violent fowles will not be restrai­ned by such contemptible engins. 'Tis easie to vanquish an vnarmed slaue, and to insult on the weaknes of a manicled captiue: but to subdue those that like him in the Gospel, neither feare God, nor care for men, requires both power and resolution. Or howsoeuer these high transgressours may escape mans judgment, or 1 Cor. 4.3 [...] Mans day, (as Paul calls it) yet the Lord of hosts hath a day, if they'l beleeue Esay, which shall be v­pon euery one that is proud and loftie, and v­pon euery one that is lifted vp, and he shall bee brought lowe, And vpon all the Cedars of Le­banon, that are high, & lifted vp, and vpon all the oakes of Bashan. 2 of Esay. They shall [Page 8] then confesse with vanquisht Iulian, [...]. Thou hast ouercome, O Ga­liaean. This out-brauing wretch (as Theod. Ec­clef. hist. lib. 3 cap. 20. tis in Theodorit) that but now did swell with vaunting threats, lay groueling on the vn­welcome ground, when he apprehended the terrours of God. Such acts of diuine Iustice, prescribe courage to temporall magistrats, and bid them not feare the most puissant of­fenders. This also we learne of humane poli­cy: Then what shall be done vnto the Queene Vasthi?

Now to make way for resolution, may it please you to examine, how her condition doth agree to this our occasion. Our Land doth afford many Ʋasthi's, eminent offen­ders; the authority of whose persons, drawes others to second them in their crimes. It is pesterd also with powerfull offenders, whose daring greatnes doth promise them immunity from punishments. But the mer­cifull justice of our gracious Soueraigne, doth with Ahasuerus, depend on his Asses­sors, for the censuring of these enormities. I could carry back your memories but a few scores of yeares, and there shew you a King of this land, relying on the Iudges determi­nation, What should be done vnto the Queene? [Page 9] There are more which admire his impartia­lity, then approue his fact. But our present happinesse, bids me confine my speech to our own times, and apply to your conscien­ces a noble president for your happy pro­ceedings. That sincere Court, whereof your Honors were lately members, durst adven­ture on the States most potent enemies. They had, I presume, both your approbati­on and assistance. Wherfore, ride on, ye men of renowne, and prosper; good lucke haue you with your honor. You may in your cir­cuit meet with such, whose power doth arme their crimes, and makes them sinne au­thority in the face. Therefore let me bespeak you, as the Prophet did that God whose dispensation doth tearme you Gods: you aske, What shall we doe? I answere in his words, Psal. 83. Doe vnto them as was done to the Midianites, vnto Sisera, and vnto Iabin at the brooke of Kison, which perished at Endor, and became as the dung of the earth. Let an impartiall doome pursue their transgressi­ons, and let their due shame attend them to their graues. Non tam ut ipsi pere­ant, quàm ut alios pereun­do deterre­ant. Senec. Seneca shall giue you the rea­son: Not so much that they may perish, but to terrifie others by their perishing. 2 Sam. 24 17. I haue sinned (saith Dauid) I haue done wickedly, [Page 10] but these sheepe, what haue they done? His conscience thought the punishment prepo­sterous, that his people should be led as sheep to the slaughter, and yet he escape his deserued censure. And among vs how many silly sheep sacrifice their cheape liues to ap­pease the law for their offences? whereas e­minent transgressours, that sin with an high hand, make shift to flye aboue the reach of Iustice. I feare, sometimes they borrow wings of that Doue in the Psalmes, which is couered with siluer wings, and her feathers of gold, Psal. 68. 'Tis they that sin, they that doe wickedly, and in comparison of them, these sheep, what haue they done? The pu­nishment of these impotent wretches, doth not argue the Iudges valour, but the lawes iustice. The edge of authority wil be thought but dull and growne rusty, except it wound others, beside them that cannot make resi­stance. 'Tis mercie to let those no longer liue, in whom imprisonment hath left scarce life enough to dye. So that did we not per­ceiue in them speech, whereby the Philoso­pher distinguisht men from beasts, wee should scarce distinguish these from carca­ses. There they stand arraigned, not more the prisoners of the King, then of death. [Page 11] Some of them haue liued long enough to see their lasting calamities out-liue their friends and fortunes: insomuch, that their aged eies can doe them no other seruice, but see them­selues miserable, and weep for their distresse. That our Lawes doe vanquish these halfe-dead vassals, proues them (I confesse) im­partiall, yet nothing powerfull. Consent of time. Cambyses would shew, what his tyrannie could in­vent, and what his hand durst execute, by shooting a great mans Sonne to the heart. Then doth appeare the force of our Lawes, and the courage of our Magistrates, when Phoneas-like, they thrust the sword of Iu­stice through the noblest transgressours: He was only to sacrifice for the sin of the peo­ple; yet he durst sacrifice Zimri and Cosbi. Num. 25. two Princes of the people for their daring sinne. A fact that deserued not more thankes from the Iewes for its benefit, then it doth from vs for its example.

But by perswading impartiality to great, ones, I intend not to procure impunity for inferiours; No, Quisque exercetur paenis, vete­rumque ma­lorum Supplicia ex­pendat— Aen. 6. Quis (que) excercetur paenis, &c. Wee haue a good rule from Ezekiels Pro­phesie, The same soule that sinneth, shall dye, Ezek. 18. If the same, then the meane as well as the mighty: for though they are not so [Page 12] hurtfull, yet they are as guilty. And yet they are hurtful enough too: for what they want in power, they make vp in nūber. A Varro au­ctor est, à cu­niculis suffos­sum in Hispa­niâ oppidum &c Hist lib. 8. cap. 29. pli. Town in Spaine may as well be vndermined with Conies, and another in Thessalie by Moles, as by the strongest pioners. Vnited force in contemptible complices, may be answera­ble to more powerfull machinations. Ther­fore let Iustice haue her due course on both sides: and let the Embleme make her hood-winkt, but not blind. Let her see offences on­ly, and punish them; but not offenders, lest her con [...]ivence spare them. She had (I con­fesse) well tutor'd the T. Liu. dec. 1. lib. 2. Consul Brutus, when she taught him to play the executio­ner, and put off a father. So that when pu­nishment was inflicted on his children, be­fore his eyes, he rould see the malefactors, but not his sonnes. [...]. Arist. Rhetor. 2. And passionlesse Ama­sis could endure the Lictors to shedde his childes blood, without shedding of his own teares. Then is Iustice her selfe, when she can ouer-looke Nature, and all respects whatso­euer. Then will she take heed lest she mis­place her mercie, and so make it degenerate into crueltie; for though there be no mercy in cruelty, yet there is a crueltie in some kind of mercy. Est quaedam crudelis misericordia, [Page 13] saith the prouerbe, and the mercies of the wicked are cruell, Prouerb. 12.10. saith the Holy Ghost. Now if Iustice spare great ones for their might, and meane ones for their misery, Haec est crudelis misericordia, this is a cruell mer­cy. Cruell to the State, in causing Lawes, (which Demosthenes cals, the soule of a state) to be but dead letters. Cruell again to the Lawes, in making them stales for mens sini­ster purposes. Then let the sword be bran­disht on all sides, and strike alike all rankes and conditions. And though charity to the State, allowes me not to intreat for their liues; yet Dauids charity to their persons, bids me petition for their soules; Lord, let the sorrowfull sighing of the prisoners come be­fore thee, according to the greatnesse of thy power preserue thou those that are appointed to dye, Psal. 79. And so from the person to be adjudged, I passe to deliberation before Iudgement, What shall we doe?

In doubtfull actions, Aquinas 1 ^a 2 ^ae, makes deliberation the first act of our rea­son, and will haue Iudgment come between that and election. So noble is the soules naturall progresse, that she resolues on no­thing, hand ouer head, but vpon mature ad­uise. And 'tis well that a King, a god on [Page 14] earth, can remember, he hath so much of man about him, as that he needeth this con­sultation: for he that contemneth all aduise, is below a beast, he that wanteth none, is a­boue a man. It were to be wisht, that all good Princes might enioy Sauls preroga­tiue to ouer-top the people by the head as well as out-reach them Longae Re­gum manus. Adag. with the hand: or all might with Salomon, haue hearts as large as their dominions. But they must content themselues with that abridgement in Euri­pides, [...]. Eurip. One man cannot see all; and with that other in Tacitus, Nec unius mens tantae molis est ca­pax. Tacit. One man cannot beare all; Answerable to that of Iethro vnto Mo­ses, This thing is too heauy for thee, thou art not able to performe it thy selfe alone, Exod. 18. The head might quickly draw the mem­bers to inconveniences, wer't not for intelli­gence from the eyes and eares. Therefore the King, the head of Israel sometimes, must enquire where the Seer dwels: And who is fitter to be the Seer of Israel, then Samuel that iudgeth Israel? His discerning thoughts must both see the peoples duties, & fore-see the Princes dangers: Wherfore both Prince and people repaire to him as to an Oracle; with (Quid agendum) What shall we doe? Happy State of ours, where the coactiue [Page 15] power, thus submits it selfe to the guidance of the directiue! & thrice happy Soueraigne which can heare his power flatter him, that he may doe what he will, yet so yeelds to convenience, that he will not doe what he may. Hence it is that he scarce attempts any thing, but as 'twere with this Motto, Quid agendum? What shall we doe? Men in their Panegyrickes may style him a Salomon, a mirrour of wisedome: of late especially he hath made it good; and neuer gained a grea­ter opinion of wisedome, then when he least relyed vpon his wisedome. In high matters of deepest consequence, it is his vsuall Par­liament-phrase, I craue your aduise. Such was the milde method of glorious Constan­tine, when he allayed the iarres of disturbed Christendome, [...]. Socrat. eccles hist. l. 1. cap. 5. He cryed not out, This I will haue done, but meekely entertain'd the whole Councels resolution. Blessed time when a mans tongue may bee as free as his opinion; and when he may with Tacitus, Rarâ tem­porum faelici­tate, ubi sen­tire quae veli [...] & quae sen­tias dicere licet. Tacit. procem. hist. not only think what he wil, but also speak what he thinks. Let the like happines of ours be a ioyfull memoriall for ensuing ages and let vn-borne posteritie haue cause to triumph in the matter of our glorie.

But I leaue this consultation in businesse [Page 16] of State, and passe to deliberation before iudgment, Quid agendum? What shall wee doe? [...]. Arist. 3. Eth. Things of small importance, may for a while possesse our fancies, but seldome take vp our serious thoughts. We cā here quick­ly resolue, This we will doe, whereas weighty affaires deserue pawses and demurs; What shall we doe? You are now (beloued) in A­hasuecus case, expecting when the Iudges will passe their sentence: The one vpon mens estates, the other vpon their persons. The least is a matter of no ordinary conse­quence; I need not exhort either Iudge or Iurer, otherwise then God inioyned in the like case, Thou shalt enquire and search, and aske diligently; in the 13 of Deuteronomy. Questionlesse he well weighed the value of a man, and priz'd his life at an higher rate, then to haue rash decrees make hauocke of his blood. —meruit quo crimine servus Supplicium? quis testis adest? quis detulit? Iuv. Sat. 6. Such a cause deserues an ear­nest enquirie, concerning the matter of the obiection, the reputation of the witnesses & the disposition of the accusers. Targ. Io­nath. in Num. 9.8. Rabbi Io­nathan obserues of Moses, that being to ex­amine ordinary inditements, he did hasten; but in the cause of those that were to dye, his sentence was not so speedy. In Targ. Nulla un­quam de morte homi­nis cunctatio longa est. Juven. ibid. No delayes can be tedious, no paines super­fluous, [Page 17] no interrogatories frivolous, when a mans life depends on the Iudges and Iurers diligence. His life, which Satan perceiued to be so much worth, that a man will ransome it Iob 2.4. with all he hath. Precious gale of breath, that cost the mother so many pangs and throes to bring it forth! that cost its owner so much care to preserue it! so much ten­dernes to cherish it! and must hee now at last, through the malice of accusers, or the periury of witnesses, be depriued of it, which for want of deliberation are not discouered? Vlpian. How doth old Rome, that allowed nine houres for defence of each petty cause, con­demne our ouerture, and our hastie procee­dings? shall they haue such large respite for their estates, and we so litle for our liues? Well may the life of man be termed a buble if it deserue but such a momentary triall. But obserue the Holy Ghost, Deut 19. The Iudges shall make diligent inquisition; which implieth long aduise, and mature delibera­tion. But while I exhort to deliberation be­fore iudgment, a tedious sute long depen­ding, prevents my exhortation. The forlorne Client is tired out with delayes, while his Advocat demurs about his cause, as long as Deliberan­di unum sibi diem postu­lauit, &c. Cicer. de nat. Deorum. Simonides did about the nature of GOD. [Page 18] Hieron must first allow him a day, after­wards two; at last the longer he was about it, the lesse he had determin'd. Thus while they are consulting and doubting what may be done, the deluded Client is quite vnd one. Charron of wisedome. Therefore a certaine Lawyer doth aduise euery King to abolish that pernicious myste­ry of pleading: you see, he makes bold with his own profession; but I forbeare such per­emptory and tart language; and reprehend it no otherwise then milde Ismenias did his Schollars, [...], Plut. in vit. Demet. It ought not thus to be. No, it ought not to be, that the Lawyers (What shall we doe?) in a pretended delibera­tion, should driue the Client to his (Quid a­gam?) in an exigent of passion, and so make him crye with those in the Acts, which were pricked at the heart with sorrow and anxie­ty, Men and brethren, what shall I doe? I am now a companion for that distressed Stew­ard, Luk. 16.3 Digge I cannot, and to begge I am a­shamed. Those many acres which I once pos­sest, are through lingring sutes brought to six or seuen foot to hide my carkeise. Nei­ther can I enioy that, without the submisse Epitaph of Cyrus; O homo, ne mihi sepultu­ram invide­as. Cons. of time. O man, envie not vnto me this small parcell wherin to bury me. Thus hauing nothing left of what he was, but the [Page 19] remembrance, he passeth from a tedious iudgment on earth, to one in heauen more speedy, such as Paul tels vs, shall be in a mo­ment, in the twinkling of an eye; and he that wanted the fauour to be iudged heere, may haue the honour to bee a Iudge heereafter. Know yee not that the Saints shall iudge the world? 1 Cor. 6.2. Their nimble thoughts shall not be clogg'd with needlesse demurs, but will instantly approue what the su­preme Iudge decrees. And Lord, let this chearful expedition hasten the zeale of our earthly Iudges, that thy people may haue quick dispatch from misery, and thy truth an increase of its due glory. And lest thy Vice-gerents should through misprision or connivence be mis-led; giue them vnder­standing to know the law, and grace to fol­low it as their vn-erring guide, which is my last part, The leuell and rule of iudgment The Law. What shall we doe vnto the Queen Vasthi according to Law?

The positiue Law, and Man, were once of an equall extention; One Law, and one Man. That Law accidentally taught him to know Sin; the increase of Sin hath taught his po­sterity to know good Lawes. Ex malis mo­ribus bonae lages. When the Lawes of nature [Page 20] would not serue the turne, humane power, put on Maiestie, and angry Iustice learn'd how to discipline their enormities with a rougher hand. So that at last, varietie of Lawes beganne almost to preuent their crimes; Iustinian makes them Instit. lib. 1 Tit. 2. Nationall & Ciuill. Those, naturall reason made common to euery Country, these vpon particular oc­casion, were peculiar to such a society. Aquin. 1 ^a 2ae. quaest. 94. art 3. Therefore 'tis the rule of Aquinas, that a Law must agree with time & place, 1 ^a 2ae, q. 95. art. 3. It seemes there was some Law proper to the Persians, that took hold of the Queenes disobedience. And it was a good precedent of the King, being aboue that Law, to submit himselfe to the direction of the Law. What shall we doe (saith he) accor­ding to Law? Hereby a King is distinguisht from a Tyrant. The King doth measure his attempts by Iustice; the other, Iustice by his power. The Tyrants force is his equity, and the sword his duty. Laborious cruelty is but sport to his guilty hands, till his wild & vnbridled passions haue run out of breath in a curreer of blood. The pleasure of Com­modus was Law enough to warrant the mangling and massacres of his subiects, by making them enter the list with beasts. O [Page 21] that excesse of power should so transport one beyond nature, as that his will should be all his reason, to rank men with creatures so vnreasonable! wherefore one in Seneca would haue those to be least free, which haue power to be most guilty: and wisheth it not lawfull for such to haue liberty to doe that which is vnlawfull to be done.

But what? Shal any dare to limit soueraign­ty, and prescribe Maiestie its duty? shall he that enioyes the subiection of others by the law, be subiect himselfe to the law? No, in no other sense then that of Aquinas. Quantū ad vim directivam non coactivam, in 1 ^a 2 ^ae of his Summes. Not that the lawe should drawe him by compulsion, but lead him by directiue perswasion. In Decret. lib. 1. Tit. 2. Cap. Cum omnes. If hee conforme his actions to the prescript of the lawes, it is of his owne accord, if he doe not, is he liable to acount? Yes, but it is only to God. Against thee only haue I sinned, saith King Dauid. Psalm. 51. Those modest times had not the face to capitulate with their Soueraignes. The pride of faction had not yet hatcht this rebellious doctrine, That if Kings obey not laws, subiects haue leaue to disobey their kings No; let it glory in no ancienter author then New Rome; and in no better successe then [Page 22] confusion. And seeing it owes it selfe to Ie­suited Patrons, let it be banisht this land to­gether with their persons. And let them whom it concernes be inquisitiue for auto­riz'd Rauiliakes, such as doe not value the price of a man, much lesse of a Prince: other­wise a fee should neuer perswade them to hazard their owne liues; nor to rifle for a few peeces of coyne in the bowels of their Soueraigne, and so sell his deere blood for an houres wages.

But while I exempt Princes from humane censures, I incourage not their neglect of hu­mane lawes. The law is the life of a state, & their practice is the life of the law. Then it concernes them that haue most power to ui­olate lawes to haue most care to fulfill thē. Non tam imperio no­bis opus quā exemplo. Plin. Pan. Else the imitating vulgar will grow vnru­ly by the example of their Rulers. Which his Maiesty implies in aduise to his sonne in 2 ^d booke of his Basilicon Doron. Wherefore himselfe, measures not the law by his owne will, but conformes his will to the measure of the law. This is his practice; & this is the duty of all Iudges: What shall wee doe accor­ding to law?

Which words admit of a double sense. First, According to law; that is, as much as [Page 23] the law inioynes. Secondly, According to law; that is, No more then the law intends. And first of the first sense; as much as the law inioynes; What shall we doe according to Law?

Iustinian. lib. 1. Tit. 2. institut.That Imperiall giuer of the law, makes giuing euery one his owne the end of the law. And I desire no iuster distribution then S. Paules, in 13 to the Rom. The Magistrate is the minister of God, to thee that dost well, for good, but if thou that which is evill, bee a­fraid. The law then doth assigne to euery publique action, Reward, or Punishment, as its due guerdon. The least open good may challenge some reward; if thou gain nothing else, yet the Apostle promiseth, Thou shalt haue praise: But if thou doe not well, sinne lyeth at the dore; God made it the doom of Cain, and the law makes it thine. Sinne lyeth, that is, punishment, the reward of sinne; by an Hebrew metalepsis, as I am warranted by Parae. &c. in locum. approued authors. Now this punish­ment without the Law were but a wooden sword in the hand of a grim Anticke, able to awe none beside fooles and children. But if authority come arm'd with lawes, the sin­newes of State, it can strike terrour to the stourest heart. Iustinian. in proaem. institut. No marvell then that the [Page 24] Emperour thought Maiestie but adorned with armes, and to be arm'd with Laws. Thē let any peece of this furniture bee laid aside, malice will level its ayme at that open part. Whether it bee the helmet for the head, or the breast-plate and shield for the body po­litique. Those helmet-lawes which doe fence the head are of the greatest moment. Seeing on the safety of that, depends the welfare of the whole State. Our glorious Head hath receiu'd in this kinde, from the prouidence of Ancestors, armour of proofe against all annoyance. Now bloody Iesuits, those sly messengers of Antichrist, are alwaies furnisht with messengers of death: Thanks be to God, this body of ours hath escap't in the head; for God hath dealt with vs, as with Dauid; by his protection, Psal. 140. vers. 7. he hath couered our head though we haue, as it were, put off the hel­met: I meane, lawes to this purpose haue layen in a long sleepe and for good reasons of State, haue not beene executed. Yet wee haue with Achilles, receiued wounds in the heele, which are still fresh bleeding in the in­feriour people. They beginne to putrifie & to draw contagion through the whole bo­dy. But the sword is now vnsheath'd; you haue is againe in your owne hands; 'twere [Page 25] pitty it should euer be put vp, till it hath cut off our home-bred corruptions, and giuen all forraine factours their fatall blowes. An ill man once spake like a good Cittizen, Act. 19. The law is open. And how can I vse a stronger motiue then to presse your consci­ences with your free leaue? His Maiesty told you, he did for a while His owne word in his first speech in the Parli­ament, 1623 conniue, but now a­gaine, [...], The law is open. It is open, I hope, for the Iudges to execute, it is open for accusers to implead. Then hauing against these maine enimies the laws full ad­vantage what shall wee doe according to law? The body of our State hath other pernicious adversaries that dayly afflict it with conti­nuall wounds. The extenuating of murther by the fauorable name of man-slaughter, hath cost our King many a subiect, and this land euen streames of blood. Tis not for me to censure the law; yet thus much I knowe; that the Law of Moses, and the law of con­science, will scarce admit some of our limita­tions. Doth a man come presumptuously vpon his neighbour? God tells you by Mo­ses, he shall dye. Ex. 21. But except he assault him vpon long-studied malice, and purpo­sed revenge, with vs he shall not dye. We say he did it in his anger; and he slew a man, not [Page 26] murthered him. But old Iacobs propheticke spirit well knewe the minde of God; there­fore suffered not his own sonnes so easily to escape. Gen. 49.6.7. O my soule, (saith hee) come not thou into their secret; vnto their assembly, mine ho­nour bee not thou vnited, for in their anger they slew a man: he blames their anger only not their malice: yet marke what followes; Cursed be their anger for it was fierce, and their wrath for it was cruell, I will diuide them in Iacob, & scatter them in Israel. Here anger and the heat of blood could not ex­cuse the spilling of blood. They felt the ri­gor and full weight of Iustice: yea the hea­viest punishmēt that then was, a Patriarchs propheticke curse. And in conscience such resolute hot-spurres deserue with vs that Curse of Moses; the heauiest temporal one that now is, Cursed is hee that hangeth on a tree, Deut. 21. Moreouer blood is importu­nate; each drop whereof hath a tongue, and cryes lowd at the throne of Heauen. Or if that were silent, your owne eyes are trusty witnesses of many a widdowes teares. And the vntimely death of murtherd fathers bids their orphant children solicite your eares with their sad lamentations. I, but the death of murtherers will doe them no good; admit [Page 27] It doe not; yet let not their life doe others hurt. Let not the lawes indulgence encou­rage their bold hands to the like attempts: but ere others feele againe the extremitie of their violence, let them first feele the extre­mity of your iustice; and to the vtmost that the law inioynes, let them knowe, What you can doe according to law.

There is also the swearer, whose tongue wounds the State, and like a sharpe sword strikes deepe euen to the heart: hence it is that the land mourneth, saith the Prophet. No maruell that this sinne is growne licenti­ous, for they say, 'twas lawlesse and without the verge of iustice. Till at last that honou­rable assembly of Parliament (which poste­rity shal admire no lesse for religion then for their wisdome) haue restrained the freedome of this crying sinne. It concern'd your Ho­nours to further such a religious purpose; not only for aduancement of Gods glory, but to enlarge your owne liberty; for til thē a blasphemous tongue might sweare God and you in the face: you might tremble and blush you could not punish. Twere pitty this free crime (which Chrysostome counts [...]. Tit. Hom. 15. Ad pop. Antioch. worse then murther) should longer violate the law of God, and Magistrates not be able [Page 28] to say, What shall we doe according to law? I could shew you other offenders, which hap­ly among vs are lawlesse; but with God they speed like S. Paules Gentiles, which hauing not the Law, are a law vnto them­selues. Rom. 2.14. But I must hasten to the second sense, No more then the Law in­tends; of which exceeding briefly, What shall we doe according to law?

A depraued glosse may corrupt the Text; and a corrupt Iudge may depraue the Law. Thus truth that in the Oratours time had strength enough for its owne defence, is en­forced to yeeld vnto crafty violence. Christ also that originall truth found the perverse Pharisee and petty-fogging Scribe wresting the derivatiue truth to their own bent. Lib. 2. con­tra Apion. Io­sephus may bragge of the Iews priuiledge a­boue other nations, in that they suffered no chāge in their laws; yet by his leaue though they remain'd intire in words, they were much peruerted in sense. Thus could the wit of iniquity ouer-reach Gods intentions, and inhance its owne advantage by the miscon­struction of his precepts. I wish that while we looke vpon those times in detestation, God hath not cause to looke vpon ours in revenge. I pray God the sword of Iustice doe [Page 29] neuer among vs become the Sword of Del­phos, Eras. Adag Chil. 2. cen. 3. that serued for all purposes: as those grosse flatterers abus'd it in the cause of Cambyses, who desiring to marry his owne sister, was aduertisd by them, that there was no law which allowed that copulation: but there was one, that he being their King might doe what pleas'd him. How doe such Iudges befoole their Ancestors! inti­mating that they doted and spake at ran­dome, for enacting constitutions no surer then the old oracles, that might admit of a double sense.

Wel-deseruing antiquity hath made this land of ours as happy as any; by leauing vs so ample an inheritance of laws and ordinā ­ces. Twere shame not to preserue them as inviolable, as those of Solon and the Dan. 6.8. Medes, that sufferd no repeale. Now to racke them beyond their literall intention, I count the highest degree of violation; Seeing extreme right is extreme wrong: and when a law is not executed at all, it argues but too much lenitie, negligence or ignorance; but being wrested beyond its intent, and ouer-execu­ted to a mans preiudice, it condemnes the Iudge of vnchristian-like malice. Then 'tis safest breaking the law in the Iews extream; [Page 30] who hauing charge and power to giue Deut. 25.3 for­tie stripes to a malefactor, would (as Paule witnest of them) giue but fortie lacking one. 2. Cor. 11. That they came short, charity may hope 'twas commiseratiō of their bro­ther in his affliction: but should they exceed the law, wee might suspect their mindes for bloody revenge. Then let the law of Iusti­nian be my last exhortation. Iudex ne aliter indicet quàm legi­bus aut con­stitutionibus aut moribus proditum est. Institut. lib. 4. Tit. 17. Index ne aliter iudicet, &c. And as Balaams feare engaged his fidelity cōcerning the word of the Lord; so let Iustice deale with your consciences concerning the word of the law. If Balaack would giue me his house full of Siluer and Gold, I will not goe beyond it to doe lesse or more, Num. 22.18. In which resolution the Lord make you prosper. So shall you be of their number that had their robes washt in the Revelation: and made white in the blood of the Lamb. This awfull colour of State shall then turne to the pleasing lu­stre of glory. And as you liue to glorifie God here, God grant you liue with him in his glory hereafter. Amen.