TWO SERMONS OF DIRECTION FOR IVDGES AND MAGISTRATES.
By Mathew Stoneham, Minister and Preacher in the Citie of Norwich.
Feare God, honor the King.
Let euery soule be subiect vnto the higher powers: for there is no power but of God.
ANCHORA SPEI
LONDON, Printed by Richard Field. 1608.
TO THE RIGHT HONORABLE SIR EDWARD COOKE Knight, Lord chiefe Iustice of the Common Pleas.
MATHEW STONEHAM
Minister, wisheth the accomplishment of all his godly desires.
I Had not suffered (right Honorable) these worthlesse labours of mine to haue passed to the presse, but that the importunity of many my friends haue pressed me vnto it. Quod exemplo fit, iure fieri putamus, saith the famous Romane Orator. The communitie of the act, may pleade an immunitie for this mine action. As the one of them was not long since vttered in your Honorable presence and audience; [Page] so now it presenteth it selfe vnto your view and perusall. The other, which I haue added vnto it, prouided vpon the same occasion to haue bene vttered heretofore, preached in the same place, at the hearing of two honorable and graue Iudges now deceassed, being then by other necessary businesse intercepted, reioyceth that it hath so fit oportunity now at lēgth to open it selfe to the view of the world. Though neither of them haue ought else to commend them, yet Salomon himselfe will affoord them commendations in this, that they are words vttered in due season, Pro. 25. 11. If God season thē Pro. 25. 11. with his grace (though men do not grace them with their fauours) it is as much as they expect, or I desire. And thus commending your Lordship to the protection of the Lord of Lords, I humbly take my leaue.
THE FIRST SERMON.
A Rtashashte the great king of Persia, hauing giuē leaue to Ezra together with his people to returne to Ierusalē, as may appeare by the copie of Letters patents of the said great King to that purpose, vers. 11. of this Chapter, Vers. 11. authoriseth him also there (according to the wisedome of God which was in him, to set Iudges and arbiters ouer [Page 2] all the people that is beyond the riuer, vers. 25. Meaning thereby no Vers. 25. doubt, the riuer called anciently by the Hebrewes Perath, Gen. 2. 14. by Gen. 2. 14. the Greekes Euphrates, modernely, as it is probable, by a briefe corruption of that word Frat, the mainest of the currēts which do deuide Persia from Iudaea, and therefore [...] called the riuer. And in these words now read, is set downe as it were a table of direction, to informe all Iudges and Magistrates, in their seuerall sessions and processions, what to examine, sentence, punish.
This table consisteth (as I may so say) of two leaues or columnes, wherof the former containeth in it Culpa or matter of fault: the other Poena or matter of punishment.
The leafe or columne culpable or of fault, is cōsiderable in these words, Whosoeuer will not do the law of thy God and the kings law: The leafe or columne [Page 3] penall or of punishment, is obseruable in these words: Let him haue iudgement without delay, whether it be vnto death, or banishment, or to confiscation of goods, or to imprisonment.
In the former leafe there be two branches: the former is the intent, the other is the extent of it. The intent hath in it three points, whereof the first is the maner of it, which consisteth both in vndutifulnesse, in that they do not the law of God and the law of the king: as also in wilfulnesse, in that it is said, they will not do it.
The second point is the order of it, in that it is not first said, the law of the king and the law of God, but first the law of God, and then the kings law.
The third point is the matter of it, in two particulars; the one, will not do the law of God: the other particular, and the kings law.
The extent of it is, that it concerneth not some, but out-spreadeth it [Page 4] selfe vnto all whosoeuer.
Concerning the second leafe or columne of this table, which is penall or of punishment, I will then vnfold and branch it out, when I shall come to the speciall handling of it: lest whilest I labour to propound method, I may haply confound memorie.
The former branch then of the two in the culpable leafe of this table, is the intent of it: will not obey the law of thy God, and the kings law: wherein because there is, maner, order, matter, the maner is first to be assumed to our handling, and that first in the vndutifulnesse, do not: secondly in the wilfulnesse of it: will not do, &c.
Their vndutifulnesse appeareth, in that they do not, &c. All which did arise from the want of obedience, as the want of obedience chiefly springeth from the roote of pride. Pride then causeth disobedience, and disobedience maketh vndutifulnesse, not [Page 5] to do. Humilitie is submission, submission submittit, that is, putteth a man vnder his superiour, not only in place for his condition, but also in office for action. But pride is elation, which elation effert, that is, carieth a man aloft, euen aboue his superiours, both in affectation of place, which is ambition, as also in prescriptiō of office, which is transgression, that is, a going ouer or beyond a limited bound: a doing indeede of that which ought not to be done, but a not doing of that which ought to be done, the vndutifulnesse here meant. The way then for a man to become most obedient, is first to become humilimus, most humble, and the meanes for a man to become humilimus, most hū ble, is for him seriously to meditate with himself, that he corporally is but humilimus, that is, the puddle or the slime of the earth or ground: ne ergo Lipsius de Constantia. efferat se coenum supra coelum (as one [Page 6] speaketh) let not the earthly element labour to surmount the heauenly firmament: which it shall attempt to do, if we shall not onely not do the law of the King, who is the immortall Gods lieutenant in earth; but of God who is the mortall Kings soueraigne in heauen. It is no doubt an happie combination, whereas Pauls' [...], Tit. 2. 15. that is, authoritie and commaund, Tit. 2. 15. goeth coupled with Peters [...], 1. Pet. 2. 13. that is, submission 1. Pet 2. 13. and obedience. Submit your selues vnto all maner of ordinance of man for the Lords sake. Where there is a doing of the law of the King, because there is a submission to all maner ordinance of man: there is a doing of the law of God, because it is to be performed for the Lords sake. It is a worthie saying of a learned Historian, who witnesseth French hist. in Henr. 3. that as in the person of a man the life consisteth in the vnion of the bodie and the soule: so in a kingdome, state, [Page 7] or common-weale, the life thereof standeth in the coherence and coniunction of commaunds, which be as the soule, and of obedience, which is as the bodie thereof. If either then (saith he) the soule of commands shal tyrannize ouer the body of obediēce, by vniust lawes; or the bodie of obedience will not receiue the law of the soule in iust ordinances, there insueth a death to that kingdome, state, or common-weale. Though sic volo, sic iubeo, so I will, so I commaund, be the voice of tyrants: yet for a man to adde his volo to Gods iubeo, his will to Gods command, is the harmonie of obedience.
The second thing I do consider in the maner of this intent, is their wilfulnesse, in that they will not do the law of God and the kings law. Their vndutifulnesse forespoken of, may be likened to the rolling of the stone to the doore of the sepulcher, Math. 27. Mat. 27. 60 [Page 8] 60. Their wilfulnesse, in that they will not do it, is like the sealing of that stone so rolled, to make all sure, Math. 27. 66. The one is non obedire, the other Mat. 27. 66 a nolle obedire. The one putteth too the doore against the law of God and the king, the other barres & bolts it. The one is like the sinne of Dauid, who did not obey the voice of the Lord, in marrying two sinnes together, to make a bloudie diuorce betwixt a maried couple, I meane Bathshebah and Vriah, by committing of adulterie with the one, and murther against the other. 2. Sam. 11. for which 2. Sam. 11. Dauid afterward was so penitent, as he brake forth into this contrite cōfession, admonished by Nathan, I haue sinned against the Lord. 2. Sa. 12. 13. falling, 2. Sam. 12. 13. as sometimes the Poets feigned the giāt Anthaeus to fall, who by euery fall in his wrastle with Hercules gained a mans strength: so Dauid after his fal rose againe, neuer in like maner to fal. [Page 9] The other nolle obedire, to nil to obey, is like the sinne of Pharaoh the reprobate, in his detaining the Lords people, Exod. 5. 2. Who in the swelling of Exod. 5. 2. his heart vttered these words of blasphemie, Who is the Lord, that I should obey his voice? I know not the Lord, neither wil I let Israel go. Neither wil I, &c. He is not only vndutifully, but wilfully disobedient: therefore was his fall as the fall of an Elephant, of whom it is anciently written, that being down, he is not able to rise againe. In thē that are onely vndutifull (haply) one sinne vpon better aduisement may preuent another: but in them which are wilfull, and therefore hardened like vnto iron, as it is said, Prou. 27. 17. that iron Pro. 27. 17. sharpneth iron: so one iron linke in this iron chaine of sinne, tolleth & haleth on another, till posse non peccare, becometh non posse non peccare, that is, to be able not to sinne, cometh to, not to be able but to sinne. As the voice of [Page 10] tyrants standeth for a law, so the will of traitors standeth against the law. They will not do the law of God and the kings law.
The second thing to be assumed to our handling in the intent, is the order of it. In that it is not first said, the law of the king, and then Gods law: but in that it is said first, the law of God, and then the kings law.
Most necessarie it is, that the law of God should be set in order before the kings law. First because God is greater then the king. This may appeare, not onely in that Dauid himselfe being a king, calleth God his king: My king and my God, Psal. 5. 2. Psal. 5. 2. In that also he bindeth kings in chaines and nobles in linkes of iron, Psal. 149. 8. Psal. 149. 8. In that (a token of homage) kings bring presents and gifts vnto him, and those not only of the Iles, but of Tarshish which is Cilicia, and of Shebah and Saba, which is the rich Arabia, [Page 11] Psal. 72. 10. and therfore all kings shall Psal. 72. 10. Psal. 72. 11. worship him. Psal. 72. 11. because whē the whole earth consisteth of Iles and cōtinent or firme land, the kings both of the Iles, and also of Cilicia and Arabia which be firme land, shall and do acknowledge subiection vnto him, in that when it pleaseth him to put on his glorious apparell, euen in the skirts of that glorious garment his name is written, A king of kings, and Lord of Lords. Apo. 19. 16. But also the greatnesse Apoc. 19. 16 of God aboue the king may appeare, in that the great Monarkes of the earth, when they by the wings of their ambition haue bene so borne aloft, that of Kings they haue become Monarks: yet being Monarks, the leuē of the same ambition hath so swolne them & in them, as of Monarkes (still aspiring to the higher) they would be Gods: as may appeare by Alexander Quint. Cur. Pedio Mex. in Calig. & Domitian. the great amōg the Macedons, by Caligula & Domitian amōg the Romans; [Page 12] and amōg the Persians, by that proud Monarke, who caused an artificiall globe of glasse to be made, with a semblance of the Sunne, and Moone, Du Bart. in 6. day the 1. weeke. and Starres in it, which went from East to West, & according to the circular motion of it, was wheeled and caried about againe, and placed his throne in the top of it: where himself sitting in maiestie, would seeme a God and no man. But be it that these, in the great thoughts of their hearts would be taken for Gods, then the which they cannot climbe higher: yet God to defie them who would thus deifie themselues, is said to be a great king aboue all Gods. Psal. 95. 3. and Psal. 95. 3. by consequēce, of such Gods as these would be.
The office of Dictator among the Romanes was aboue the place of a king, forasmuch as when many kings and kingdomes were subiect to that State, the State it self during the time [Page] of his authoritie, was subiect to the Dictator. Of this Dictator Plutarch writeth in the life of Fabius, that whē Plutar. in Fab. it was lawfull for him almost to do anie thing, yet was it not lawfull for him to ride vpon a horse. By how much God is greater then kings, as he is greater then these Dictators, who were commanders of kings, in that he rideth vpon the heauens as vpon an horse, yea in that the holy Cherub becometh as his horse, Psal. 18. 16. and Psal. 18. 16. the clouds are his chariot, & the wings of the winde his gallerie whereon he walketh, Psal. 104. 3. And therefore Psal. 104. 3. because God is greater then the king, Gods law in order is to be placed before the kings law.
Secondly it is necessarie that in order the law of God should be preferred before the kings law, because it is wiser then the kings law. When as the chiefest wisedome consisteth in two points, in the knowledge of God and [Page] of our selues. The law of God like that ancient Ianus (whom Macrobuis Macrob. in Saturnal. testifieth to be double faced, for his wisdome in remembring things past, & foreseeing things to come) in most plentifull maner respecteth thē both. First touching the knowledge of God this law of God enformeth vs in it, not onely as God is the protector and redeemer of mankind, but also as he is the highest cause, and alone creator both of man and euery creature beside, as writeth Thomas Aquinas: Cum Tho. Aquin. sacra doctrina de Deo determinet, vt altissima causa, inter omnes sapientias humanas, non solùm in genere, sed simpliciter est maxima sapientia: When the holy doctrin doth determine of God as of the highest cause, among all humane wisdoms, it is not only in kind, but simply the greatest wisedome. Touching the knowledge of our selues, that I may passe by the maner, matter, and end of our creation, what [Page 15] other writing I beseech you, doth so informe the vnderstanding concerning mans fowerfold estate: of his innocencie, of the law, of grace, and of glory, as this law of god doth? Search, reade, aduise, iudge, whether (in cō parison hereof) the wits and writs also of the sagest sort of men meerely naturall, haue not bene in this point as one speaketh, but as [...] Aristot. in Metaphys. [...]: like the eye of a night-bird dazeled against the rayes of the Sunne. Clemens Alexandrinus Clemens Alexandrinus chargeth secular wise men with theft, because whatsoeuer truth of God is to be found among them, they haue robbed from the Scriptures, as Plato the chiefe of them did from Moses, who was therefore called Moses Atticus, the Athenian Moses: of which mind also is Iustinus Martyr, whom Jusii. Mart. Apolog. for this purpose learned Iunius citeth, writing on the sinne of Adam: when (as a learned man writeth) there is a [Page 16] twofold law vnwritten, which is either Iunius de peccat. Ada. Antoni. Sebast. Min. de offic. Ecclesiae praest. Orat. 2. of nature or of custome; or written, which proceedeth either from God, or from man, or from both: the written law of meerely man may be changed, as of him whose defectiue wisedome may be perfected; but the written law of God simply, or of man inspired and directed by God subordinatly, must not be changed, because his law is like himselfe, [...], a perfect gift, and the nature of perfection is to admit nothing to be added to it, to permit nothing to be taken from it. A law which hath like God himself [...], no change, Iam. 1. 17. or as S. Hieron. aduersus Iouinianum Iam. 1. 17. interpreteth it, nullam differentiam, no difference. And therefore Hier. aduer. Iouinian. because it is the wiser law, is Gods law in order to be placed before the kings law. Thirdly it is necessarie that in order the law of God should be set before the kings law, because it respecteth [Page 17] a better obiect thē doth the law of the king. The law of the king worketh about the conseruatiō of bodies: the law of God laboureth about the saluation of soules: by how much thē the soule out-matcheth the bodie, by so much the law of God out-valueth the kings law. To let passe other reasons, whereby it may appeare vnto vs that the soule is of more price thē the bodie (wherein I might be plentifull) this for this time shall suffice. The bodie separated from the societie of the soule, becometh first a carkasse, then a carrion, declining from good to ill, from ill to worse; from a bodie to a carkasse, from a carkasse to a carrion: but the soule (on the contrarie side) disioyned from the fellowship of the bodie, aspireth from ill to good, from good to better, from bondage to libertie, from libertie to blisse; from bondage in the bodie, to libertie from the bodie, to blisse in and with God. [Page 18] And when (in representation of [...], the great world) man is said to be [...], a litle world: man this litle world cōsisteth of two parts, soule and bodie, euen as the great world of heauen (wherunto the soule may bee likened) and of the earth (whereunto the bodie may be compared.) This soule to this end S. Bernard S. Bernard. resembleth to heauen, wherein righteousnesse is as the Sunne, constancie as the Moone, which is longlasting and during, Psal. 72. 7. faith, Psal. 72. 7. hope, charitie, and other Christian vertues, as the starres. As heauen then is more noble then the earth: so is the soule of man, which is like vnto heauen, more precious then the bodie of man, which being of the earth is earthie, 1. Cor. 15. 47. And therefore 1 Cor. 154. 7. because it respecteth the better obiect is the law of God in order to be placed before the kings law. Fourthly and lastly, necessarie it is that in order [Page 19] the law of God should be set before the kings law; because as there is no neede of a rudder where there is no ship: so there needeth no law where there is no common-weale; but there can be no common-weale where the law of God is not: for as much as where pietie is wanting toward God, there cannot be performed any dutie to man. Let Theologie die, and no policie can liue. Euery kingdome (in such a case) will become a thraldome, euery common-wealth a Chaos, euery Monarchie an Anarchy. Man must first be perswaded that there is a God, before man wil euer reuerence the assemblie of Gods, Psal. 82. 1. This was Psal. 82. 1. well known vnto those ancient Sages the first inuentors of religion to their people (although not in verity as we haue it, but in policie, as they could haue it:) who as Pol. Virgil witnesseth, Pol. Virg. de Inuent. rerū. euen in the first spring of their kingdomes and states, lest they should as [Page 20] soone be dissolued as they were established, supplanted as they were planted, did rather inuent thē they would want a religion. Thus among the Aegyptians did Hermes, among the old Latines Eanus, who also (as Lactantius Lactantius. writeth) was called Ianus, among the Romans Numa Pompilius, among the Greekes Orpheus, among the Cretenses Melissus. Whereas (on the other side) the law of God may be, and stand, without a common-weale, as that which is naturally implanted in the heart of man; as might vndoubtedly appeare in those Barbarians which were anciently stragling in the world before they had a Theseus to congregate thē into cities and corporations: as that which also at this day is proued among the rude & naked Indians in the Westerne parts of the Iosep. Acost. hist. natural and morall, of the East and VVest Indians. world, who by the light of nature acknowledge (as Ioseph Acosta a Spaniard witnesseth) a supreme Lord, author [Page 21] of all things, whom they of Peru call Vuachoca, and giue vnto him the names of Excellent, Creator of heauē and earth, Admirable. And therefore because no commonwealth can stand without the law of Cod, and the law of God can stand without the common-weale, is the law of God to be placed before the kings law.
This doctrine affoordeth vnto vs the application of a two-fold instruction, whereof the one is, the sustaining of the Church, the other is the maintaining of the Church-men.
First the Church is to be sustained, the arches & pillars whereof are with all care and diligēce to be shoared and supported, lest the fall thereof bring with it a co-ruine and inseparable downefall of the common-wealth. A thing which not I but the truth it self, and that with the voyce of her sister wisedome, crieth in the highest places Pro. 9 3. of the citie, Prou. 9. 3. that it is to be [Page 22] done, if not for Gods, yet for the worlds sake; if not for the soules, yet for the bodies sake; if not for the Churches, yet for the cōmon-weales sake; if not for pietie, yet for policie sake: because neither the world, nor the bodie, nor the common-weale, nor policie, can stand without God, the Church, religion and pietie.
The second instruction from hence to be apprehended & applied, is, that Church-men are to be maintained, both in their abilitie for their purse, and in dignitie towards their persons. For albeit pietie through the impietie of these times, may seeme (lōg since) to haue bene banished, and with that old Astraea, to haue bene enforced to leaue the earth and to flie to heauen, there to make complaint vnto God of her hard vsage among men: yet Policie still standeth, and pleadeth still for vs. This may abundantly be proued by the guise of the ancient [Page 23] barbarous and Ethnicke people (as Ioh. Bohem. de moribus om [...] gent. Iohannes Bohemus writeth de moribus omnium gentium) both among the ancient Aegyptians, Aethiopians and Arabians. Concerning the Aegyptians, the same author witnesseth, that none De Affrica, cap. 4. but they which were Priests sonnes, aboue the age of twentie yeares, and well learned, might attend on their Kings: which he seemed to haue borowed out of Diodorus Siculus, lib. 2. Diodo Sicu, lib. 2. That also when the reuenewes of the land of Aegypt were deuided into 3. parts, the first part was due vnto and deuided among their Priests, as they which were of the greatest estimatiō, partly for the administration of the seruice of their gods, partly for their learning and wisdome, partly also because they were as oracles to the Nobilitie for wisedome and counsel. The second part went to the King, to these ends: that it might maintaine his own royall estate, that secondly it might [Page 24] sustaine the charges of his warres, and that thirdly it might be a fountaine of his bounties towards men of the best deserts. The third part was shared among the pensioners & men of war.
Touching the Aethiopians of old Iob. Bohem. Ibid. time, the same Author in the same place reporteth, that they were wont to chuse their Kings of their Priests, and of such amōg them as they knew to be more religious then the residue. A custome also (if not at this day) yet not long since vsed in Iseland, as Giraldus Cambrensis writeth in his Topographie of Ireland. In Hislandia Girald. Cāb. Topograp. Hiberniae. (saith he) vtuntur eodem Rege, quo Sacerdote, eodem Principe quo Pontifice. Penes enim Episcopum tam regni quàm sacer dotij iura consistunt: that is, in Iseland they vse the same man for a King and Prince whom they vse for a Priest and Bishop. For the rights aswell of the kingdome as of the Priesthood, are in the power of the Bishop. A [Page 25] guise also among the famous old Romaines, who when they could beare anie thing better then the name of a King in their common-weale, so retained they still (an honour no doubt vnto that order) nomen Regis sacrificuli: the name of the sacrificing King, among their Priests. The Patriarkes were kings and priests in their families. The Apostle Peter without doubt by the direction of the spirit of God, ioyneth royall priesthood together, 1. 1. Pet. 2. 9. Hierome. Pet. 2. 9. whereupon S. Hierome saith, Ecce cum Regali dignitate Sacerdotium copulauit: Behold he hath coupled the Priesthood with the Royall dignitie: and his Maiestie in his [...] [...]. affirmeth, that Rex non est merè laicus, that a king is not meerely laical: which shew that the kingdome and priesthood are not incompatible. In Arabia likewise the old Panchaiani (as the Iob. Bohem. in Asia. ca. 2 same Author auoucheth in the same booke) deliuered their customes, reuenues, [Page 26] and all their profites into the hands of their priests, who might according to their discretion, as they found it necessary & expedient, iustly distribute them to euerie man as he had need. What should I speake of the honor that the old Saracens did beare vnto the Caliph of Babylon? from whom (an honour greater vnto their Rich. Knols gener. hist. of Turkes, pag. 57. Priesthood, then we can either expect or dare warrant in ours:) from whom (I say) the great Sultans of the Turkes and Saracens, before the succession of the Ottoman house was established, tooke their authoritie, as from their superiours, the true successors of their great prophet Mahomet: or of the high account and esteeme that the Grand-Segnior at this day of the Ottoman line maketh of his Muphti or Mophti, that is, his Metropoliticall Priest or chiefe Bishop, without whose aduice & coū sell he vndertaketh no matter of importance. If also anie inferiour priest [Page 27] of the Mahumetane law at this day, shal haue any outrage done vnto him, in being violently striken, if he be a In Turkish [...]. Turke which so doth, he loseth his right hand; but if he be a Iewe or a Christiā, he is burnt aliue for it? What should I also remembrance you, of what esteeme and regard euen the verie barbarous Christians haue made their priests and priesthood, euen to these times, among the Russes and Affricans? among whom the Emperour of Russia saith of his Metropolitane, that he is Gods spirituall officer, and himselfe but his temporal officer: therefore leadeth the Emperour the Discouery of Englishmen in Ant. Ienkinson. pag. 34 3. Metropolitanes horse on Palme-sun day, and on twelfe day the Emperour standeth by on foote, whiles (according to the custome) the Metropolitane sitting on horsebacke, blesseth the waters of the riuer Mosco. The great cōmander of Affrica also, whose power is commonly a thousand thousand [Page 28] men and fiue hūdred Elephants, is called by the name, not of Monarch, Emperour, or King, but is styled (as he thinketh) by a phrase of far greater glorie, that is, Presbyter a Priest. In whose largely extēded Empire there be foure orders: whereof the Priesthood is of the first and most eminent: the second of Sages, called also Balsamates or Torquates: the third of the Nobilitie: the fourth of the Perisioners and men at armes. All which (and more then which, that might be alledged) should moue vs with all loue and industrie to maintaine church-men, if not for pietie sake, yet for policie sake. That seeing men of that coat and calling can haue litle helpe (as these times be) by piety, which is as the bodie of Christ, yet with the woman we may be cured and medicined, Math. 9. 20. at least Math. 9. 20. wise by policie, which is as the hēme of Christs garment.
The third thing to be assumed to our handling in the intent, is the matter of it, in two particulars. First, will not do the law of thy God: secondly nor the kings law. Will not do the law of thy God, &c. There is a threefold transgressor of the law of God, which if they shall not onely be vndutifull but wilfull, deserue a more sharper edge of punishmēt to be inflicted on them.
The first is he that transgresseth against the doctrine of the law, as it is the subiect of faith. These be Heretikes, who defend some dogma or self hatched opinion (as Augustine writeth) August. contra verbum cum pertinacia, against the word with stubburnnesse, induced by one, two, or all these three allurements: vaineglorie, gaine, and flatterie of great men that way inclined. For vaineglorie, S. Cyprian saith: Initia haereticorum, vt sibi placeāt: they Cyprian. are the beginnings of Heretikes, to please thēselues: according to which [Page 30] S. Hierome writeth in Zach. 13. Whatsoeuer Hieron. in Zach. 13. they conceiue they turne it into an idoll. The couetous man worshippeth his Mammon, and the heretike dogma quod finxit, the opinion which he hath coined. For gaine, preferment or flatterie, Theodoret tendereth Theodoret. Paulus Samosatenus for an instāce, who being ledde with hope of great gaine and preferment, which he expected from Zenobia Queene of Arabia, fell into that heresie which afterward became his ouerthrow. The second transgressor against the law of God, is he which trāsgresseth against the morall precepts of the law, as it is the subiect of life and maners. This is chiefly done by these principall meanes.
First by blasphemie, which word is deriued [...], of violating or hurting the great, holy, and reuerend name of God, by vaine oathes, false oathes, imprecations, exorcismes, &c. A thing was it, so punished [Page 31] by Iustinian the Emperour, as he Iustinian. that did prophanely sweare (oh a thing very vsual in these times) by any member of God, or by his haire, or did anie way blaspheme God, he died for it.
Secondly it is done by murther, which is an vnlawfull taking away of the life of man by man, whether it be by an immediate act by himselfe, or auxilio and consilio, by some mediate aide or counsell from another. Murther is a sin so abhorred of God, as that it may not go away vnpunished, he maketh inquisition for it, Psal. 9. 12. Yea vnlesse a man hate bloud, euē Psal. 9. 12. as God doth hate bloud, bloud shal pursue him. And to shew the certaintie of it, it is doubled againe, euen bloud shall pursue him. Ezech. 35. 6. Ezech. 35. 6
Thirdly it is done by theft, which God hath not onely forbidden as a breach of a branch of the Decalogue, Exod. 20. 15. Thou shalt not steale: but Exod. 20. 15 [Page 32] also by making those fowles & beasts which are giuen to prey and rauine, an abhomination. Leuit. 11. This sinne Leuit. 11. in the time of Edmund Ironside could scantly be found in this land, but in these dayes this kingdome swarmeth with manie an Autolicus, of whom Ouid reporteth, that he was furtum ingeniosus Ouid. ad omne, his crafts-maister to proue a maister thiefe.
Fourthly it is done by adulterie. This God so detesteth, as he would not haue it once named amongst vs, as it becometh Saints, Ephes. 5. 3. It is Ephes. 5. 3. the verie source & spawne, fountaine and foment of fearfull murtherings and poisonings, euen betwixt them who being coupled in one yoke of matrimonie, ought to be most neare one to another, in regard of a fourefold combination, of goods, names, bodies, and minds also, but that this lustfull monster, like vnto the sword of Alexander the great, cutteth in sunder [Page 33] the Gordian knot of loue: yea (as histories be too ful of such examples) of life also.
Fiftly and lastly (because I cannot insist vpon all) it is done by drunkennesse: which is not onely a transgression it selfe, but a mother sinne to all the residue. For when (I beseech you) is a man more readie to blaspheme, kill, steale, breake wedlocke, then whē it may be said of him, that he is affected as that Emperour was, which for Bonosus. his ouer-much drinking was called a bottle. Manie good lawes haue bene made for the restraining of this sinne, but they died as it were in their birth, because they haue bene enacted but not acted, written in glasse not in brasse. Cities and corporations (for the most part) are as ful of Alehouses, Alehouses as full of drunkards, and drunkards as ful of sinne, as they were before these lawes were published, which were (it should seeme) decreed [Page 34] rather to be put to execution, then to be put in execution.
The third transgressor of the law of God, is he which transgresseth against them both, that is, both the doctrinall & morall precepts of this law: these are the Atheists, who acknowledge no life but this, no God but their pleasures; who sleeping in, and being ouerwhelmed with sensualitie and securitie, although they be men, yet haue the first sparkles of nature more quenched in them, then the Elephant being but a beast, yet of all other creatures coming nearest vnto man, for his disciplinable apprehension, acknowledging a Deitie therein, doth he worship the Moone, and Sunne, and starres at euery change.
The second particular in the matter of the intent, is that they will not do the kings law. From hence may I deriue both confutation & instruction.
First from hence may I deriue a [Page 35] confutation of them who wold haue the Priest to be a medium of superioritie betwixt God and the King: when here by the Spirit of God immediatly after God is placed the King, as he who (as Tertullian writeth ad Scapulam) Tertul. ad Scapulam. is next vnto God, and obtaineth from God whatsoeuer he hath, onely inferior vnto God. As this anciently was, so ought it now to be: a subordinatiō not of God, Aaron, and Moses, but of God, Moses, and Aaron; to shew that Aaron must be vnder Moses as Moses vnder God.
Secondly from hence I may deriue instruction, of a twofold lesson, wherof the former concerneth the King, the later the subiect. The former lesson instructeth the King in an awfull reuerence towards God, that as God is placed before him, so he should place God before him. Kings are the children of the most High, Psal. 82. 6. As Psal. 82. 6. the child therfore yeeldeth reuerence [Page 36] to his father: so ought kings as children to God their Father. The other lesson instructeth the subiect in a dutifull obedience, that forasmuch as the king is placed next & immediate vnder God, so he obeyeth him in & for God, if he shall not be contrarie vnto God. The authoritie of the King is then disauthorized, when he shall either cōmand that which is euil, or forbid that which is good: for the Kings scepter and priuiledge chiefly lyeth [...], in things of a meane and indifferent nature. To denie then the Kings command in matters indifferent, it is to encounter his authoritie in the best title of it; a guise of some, who (haply) for their zeale may be commended, for their ignorance are to be pitied, for their stubburnnesse, in that they will not do the kings law, are to be punished. Hitherto the intent.
The second point in the culpable [Page 37] leafe of this table, is the extent of it. Whosoeuer will not, &c. It is not then to be required of some, but to be looked for from all. Whosoeuer: This I can but point at, not prosecute. The second leafe or columne of this table is penall, or of punishment. This is proposed first more generally in 3. members, whereof the first is the denunciation of a sentence, in the hauing of iudgement: the second, the expedition of it, without delay: the third is the applicatiō of it, which is set down both in specie, or more specially, let him: as also in genere, or more generally, whosoeuer.
Secondly this leafe or columne is proposed more particularly in foure branches: first by death: secondly by banishment: thirdly by confiscation of goods: fourthly by imprisonment.
The first of the three mēbers more generally proposed, is the denuntiation of a iudgement, in the hauing of [Page 38] iudgement. This hauing of iudgement, both authoriseth the Iudge, and also discourageth the offendor.
First it authoriseth the Iudge: for he that commandeth the Iudge that he must do it, authoriseth also the Iudge that he may do it. Iudges are of Gods owne raising, Iudg. 2. 16. and Iudg. 2. 16. also of Gods assisting, as with whom the Lord is said to be, Vers. 18. Therfore Iudg. 2. 18. authoritie cannot be controuerted, vnlesse God himselfe in some sort be countermanded. For the better vnderstanding of this iudgement, we must know that there is a threefold iudgement, Coeli, seculi, conscientiae, supernall of heauen, internall of conscience, externall of the world. Iudgement in this place is not to be takē for the supernall iudgement of heauen, neither yet for the internall iudgemēt of conscience, but for the externall iudgement of the world: whereunto God incourageth the heads of Iacob, [Page 39] and the Princes of the house of Israel, Micah. 3. 1. Heare ô ye heads of Iacob, Micab. 3. 1. and ye Princes of the house of Israel, should not you know iudgement? which iudgement, S. Hierome interpreteth either S. Hierome. for right reason, or administration of iustice, according to that Psal. Psal. 72. 1. 72. 1. Giue thy iudgement vnto the king ô Lord, and thy righteousnesse vnto the kings sonne. Iudgement to the king, that is, administration of iustice. Iudgement and iustice in the Scriptures seeme to be [...], words of one signification. Yet Dauid Psal. 94. 15. distinguisheth Psal. 94. 15. them, where he saith, that Iudgement shall returne to iustice. In which place, iudgement (as it is probable) is taken for the execution of the sword, and iustice for equall decision of matters in controuersie.
Secondly, this hauing of iudgemēt discourageth the offendor, in that though for a time he hath runne on his heedlesse and heady race, in being [Page 40] both vndutifull and wilfull against the law of God and the kings law: yet notwithstanding God hath a time wherin he that would not submit himselfe vnto the tenour of the law by doing, shal be enforced to yeeld himselfe vnto the terror of the law, by suffering: for there is not onely iudgement passed, but execution out against such: Let him haue iudgement.
The second of the three members more generally proposed, is the expedition of the sentence, without delay. Priùs consulto, deinde maturè facto opus est: a Iudge must first determine with deliberation, and then (what he hath once ripely determined) act with expedition. A long suite hanging in the Court of a Iudge, will be no more grace vnto him, then a long sore vnder the hand of a Chirurgian: which may (peraduenture) increase his coine, but wil decrease his credit. The cause of a poore man must not be delayed [Page 41] before the barre of a Iudge, as the diseased poore man lay before the poole of Bethesda, euen eight & thirtie yeares, and was not cured, Ioh. 5. 5. Ioh. 5. 5. The reason wherof was, because whē an Angell came and troubled the water, another stepped in before him, & was healed. But the cause herein must be inuerted; for whereas there was first the troubling of the water by an Angell, and then the stronger stept in before the weaker: here it must be deemed, that first the stronger steppeth in before the weaker, and then troubleth the water with angels. The Lion (as we know) is not onely valiant but swift. The throne of Salomon was garded on both sides with Lions, 1. Reg. 10. 20. hieroglyphically (as it 1. Reg. 10. 20. were) to set foorth vnto vs, that they which sit on thrones should be as Lions, not only in abilitie of action, but also in agilitie of expedition. As God is said to be against the sooth-sayers, [Page 42] adulterers, false swearers, oppressors, a swift witnesse, Malach. 3. 5. so they Malac. 3. 5. who sit vpon Gods seats, against such malefactors ought to become swift Iudges. A thing was this so carefully prouided for in the Iewish commonwealth, as their iudgement seats were in the gates of their Cities, Ruth. 4. 2. Ruth. 4. 2. A meanes of the more quicke dispatchall, so that there might be iudgement without delay.
The third of the three members more generally proposed, is the application of the sentence, which is to be handled first in specie, or more specially, let him: that is, him who hath bin thus vndutifully and wilfully disobedient against the law of God, and the kings law. Let him euen in his owne person, that as he in his owne person hath done what he should not: so him selfe in his owne person may suffer what he would not. The Iudge must take heed of Herods miscariage, who [Page 43] cōceiuing a displeasure against Christ, vniustly bathed his sword in the bloud of all the innocent babes of the male sexe, in Bethleem and the coasts therof, frō two yeares downeward, Math. Math. 2. 16. 2. 16. Secondly this application is to be handled in genere, or more generally, as this him hath a reference to the forenamed whosoeuer. The Iudge must be in Gods seate like vnto God himselfe, who respecteth no mans person, Act. 10. 34. but saith of euery soule Act. 10. 34. that sinneth, that it shall die the death, Ezek 18. 20. Ezech. 18. 20. He must not be affrighted with feare, nor blinded with fauour, nor corrupted with Iucre, but euen as the needle of the compasse pointeth alwayes towards the North: so ought he to haue a perpetual aspect toward Iustice. Iudex cordatus, lapis quadratus: a couragious Iudge is like a quadrangular stone, which what way soeuer you shall turne, it lieth quadrangular stil, or like a mountaine [Page 44] firme in it selfe and defensiue for others, in which the people may make them caues, and strong holds against their aduersaries: as the Israelites did in the mountaines against the Madianites, Iudg. 6. 2. This is the meanes Iudg. 6. 2. for the Iudge to be loued of good men, and to be feared of the euill; An example hereof we haue in the Frēch historie, in the Duke of Aniou, being In Charl. 9. afterward Henry the third of France, who notwithstanding the mediation of many Lords and Captaines to the contrarie, put a certaine Captaine, a Turke by nation, to death for manifold robberies and spoiles, whereof he was conuicted: whereupon (saith the historie) he was well thought of by all good men, and feared by the euill. In the second place of this penal leafe or columne of this table, are proposed foure particular limmes, whereof the first is death, the second banishment, the third confiscation of goods, and the [Page 45] fourth imprisonment. Of these seuerall particulars I cannot particularly speake, but must close them all in one.
Three principall qualities there be, which are craued in a Iudge (saith his royall Maiestie in one of his memorable orations vttered in the Parliament house) courage, knowledge, and sinceritie, which three qualities may be easily deriued out of these foure particulars.
First from hence may be deriued courage, because (according to the qualitie of the offence) there is not onely to be imposed imprisonment, cō fiscation of goods, and banishment, that is, losse of libertie, goods and countrey: but death also, which importeth the losse of life it selfe. Although the Iudge is to prouide what in him lieth that it may not be sayd of his iudgement seate by ouer-much seueritie, as it was sometime said of the Tribunall seate of Lucius Cassius a Romane Praetor, Valer. Max. [Page 46] that it is scopulus reorum, that is, the Rocke of defendants and guilty ones: yet is he to know & acknowledge on the other side, that God hath giuen him a sword not for nought or in vaine, but to take vengeance on him that doth euill, Rom. 13. 4. Qui semel malus, semper Rom. 13. 4. praesumitur esse malus: he which is once euill, is alwayes presumed to be euill. As this is supposed by law, so is it certainly true, vnlesse it be transposed by grace. The impunitie of sinne is an inuitement to further sinning. A worthie example hereof we haue in that late French Historian Iohn de Serres Ioh. de Serres. in the raigne of Charles the faire, the foure and fortieth king of France: In whose time a certaine Gascoigne vnder color of being nephew to Pope Iohn the 22. then resident in Auinion, had his pardon for eighteene crimes by him committed, whereof the least deserued death: yet thereby could he not be reduced from his wickednesse, [Page 47] but more and more encouraged and incited to harden himselfe therein: till in the end waxing worse and worse, by the counsell and iudgement of the said Charles the 4. he was put to death. But in the interim that saying which Chrysostome to another purpose vttereth, Chrysost. may herein be applied: Dum parcebatur lupo, mactabatur grex: while the wolfe was spared, the flocke was spoiled: and better it had bene that one had more timely bin ended, that so many might not haue bene offended.
The second principall qualitie craued in a Iudge, is knowledge, which may also frō hence be deriued. Without this knowledge courage is strong indeed, but blind and cannot see, and Andabatarum more, after the maner of them who fight blindfolded, hurteth as well friends as foes, the guiltlesse as the guiltie: or if it shall wound onely the guiltie, it may either be excessiue [Page 48] or defectiue, either giuing death, where banishment, confiscation of goods, or imprisonment might haue sufficed; or imposing only banishment, confiscation of goods, & imprisonment, where death should haue bene inflicted. None might come into the nū ber Picus Mirandul. of the Rabbins among the Iewes, vntill they could speake seuen languages: so is it to be wished that none might be made a Iudge, vntill he were wise according to the mysterie of the number of seuen, which is a number of perfection.
The third principall qualitie craued in a Iudge, is sinceritie or equitie, which also may from hence be deriued: without which wisdome is lame, and though it seeth what ought to be done, yet neither wil nor can do what it seeth. This sinceritie or equitie giueth suum cuique: the owne to euerie man: like that logicall rule, which is called lex iustitiae, the law of iustice. [Page 49] This sorteth and fitteth euery scourge and punishmēt according to the fault and errour of the offendent or delinquent: death to whom death belongeth, banishment to whom banishment fitteth, confiscation of goods to whom confiscation of goods sorteth, and imprisonment to whom imprisonmēt appertaineth. Iudex, saith Isidorus, a Iudge is Isidor. so called, quasi ius dicens, one that speaketh right, vnto whose tong his heart and hand ought to haue correspondencie, in giuing to euery man his ius or what belongeth to him.
These (right Honorable) are three ornaments in Iudges, which will inrich and ennoble them more then the robes wherewith they are garnished, or the troupes wherewith they are attended. A triplicitie, which if it shall be found in an vnitie in the persons of Iudges and Magistrates, no doubt wil make them pleasing vnto God who is trinitie in vnitie. Cornelia that chast & [Page 50] famous Romane matrone (when a certaine noble woman of Campania was boasting and glorying of her ouches and ornaments) held her talke vntill the Gracchi her sonnes came home, at whose returne she made her this answer: & haec sunt ornamēta mea: Tiber. & Cai. Gracch. and these are my ornamēts. If Iudges and Magistrates shall say of these three vertues, as Cornelia did of her two sonnes, haec sunt ornamenta mea: these are mine ornamēts: oh, it wil aduance them so high frō the thrones of their iustice and iudgement to the throne of Gods graces and fauours, as they shalbe admitted to be Iudges, to iudge for God in this world, and kings to reigne with God in the world to come. Which God graunt vnto all faithfull Iudges, and all his faithfull people, for his Sonnes sake: to whom together with the holy Spirit, be ascribed all honour, glorie, praise, power, and dominiō, both now & euer. Amen.
THE SECOND SERMON.
IEhosaphat (right Honorable) being the king and supreme gouernor of the land of Iuda, thinketh it a point of his dutie to substitute and depute inferiour gouernours vnder him, that so himself might be the more eased, and his land the better gouerned: the truth [Page 52] whereof the drift and purport of this my text doth make plaine vnto vs. The words may be diuided into two parts, whereof the former concerne the ordination of Iudges, in the fift Vers. 5. verse: the other the information of Iudges, in the sixt. In the ordination Vers. 6. of Iudges there be three points of me to be handled. First who were ordained; Iudges: secondly by whom; By him, that is, by Iehosaphat. Thirdly where: first set downe more generally, in the land: secondly more specially in foure members. First, in the Cities of Iuda. Secondly, all the Cities. Thirdly, the strong Cities. Fourthly, Citie by Citie.
In the information of Iudges I am to consider: First the lesson of it. Secondly the reason to inforce it. The lesson consisteth of three precepts, whereof the first is of courage: that Iudges are to do. Secondly of wisedome: that they are to take heed. The [Page 53] the third of both linked and coupled together, that they are to take heede what they do. The reason for the inforcement hereof openeth it selfe in a twofold consideration: whereof the former is, whose iudgements they do execute, set downe first negatiuely, not of man: next affirmatiuely, but of the Lord. The second consideration is, that they themselues are to be iudged: to be collected out of these words, that the Lord will be with them in the cause and in the iudgement. If they do well, in mercy to reward them: if they do euill, in iudgement to punish thē.
First then concerning the ordination of Iudges, & the first of the three members therein contained, who were ordained, Iudges; who were officers appointed either immediatly from God, or mediatly by Kings and Princes Gods lieutenants, wisely to heare, and indifferently to determine matters & causes betwixt parties and [Page 54] parties. Wherein great care is to be had, that Iudges may first be enformed by the law, according wherunto they are after to conforme themselues and their people: for there is & ought to be a mutuall reciprocation betwixt the law and the Iudge, the Iudge and the law. That as the law is a speechlesse Iudge: so the Iudge may be a speaking lawe. Neither ought the phrase of the law onely to dwell in his lips, but the sence of the law to liue in his person. Wherefore by a certaine learned man is he called [...] a liuing law or soule bearing iustice; a liuing law so needful, and a soule-bearing iustice so necessarie in all States and cōmon-weales, as without them they become dead and breathlesse, rather cadauera then corpora, that is, carkasses then bodies.
These be the eyes of kingdoms and states, which being put out, because euery man will then do that which [Page 55] seemeth good in his owne eyes, Iudg. 17. 6. large limited monarchies wil become Iud 17. 6. like huge limmed Poliphemus when his eye was taken from him, in daily danger of downfall and destruction. The necessitie of whom are further set downe vnto vs Zachar. 10. 4. in that they are called by the name of Zach. 10. 4. a corner, or a naile, whose nature is to hold fast and close together; to shew that without them the veines and sinewes of kingdomes are loosened, & the knees of States do smite together with iarres of discord, and warres of homebred insurrection, as sometimes the ioynts and sinewes of Belshazzar the king were loosened, and his knees Dan. 5. 6. smote together, at the vision of his kingdomes diuision, Dan. 5. 6.
The second thing is, who ordained these Iudges, (he) that is, Iehosaphat the king and soueraigne of the land: Honos onus: honor is a cumber; and he which sitteth on the hill of authoritie, [Page 56] beareth a burthen on his necke as heauie as was the hill Atlas. As the Sunne therfore hauing absolute light in it selfe, yet being not able alone to satisfie the earths contentment, lendeth & transfuseth the beames therof to the orbes of the Moone and other starres, which may supply in the Suns absence: so Kings and Princes hauing absolute authoritie in themselues, yet being not able alone to extend the same to the satisfaction of euery subiect, are enforced to depute and subordaine Viceroies, Vicegerents, Lieutenants, Presidents, Deputies, Iudges, Magistrates and other inferiour officers vnder them, which may furnish out this defect. And no maruell it is: for how is it possible for one man alone to sustaine the burthen of Gods office? Now that Kings and Princes stand charged with the office of God, it may appeare in that they are graced with the name of God, Psalm. 82. 2. Psal. 82. 2. [Page 57] Hence it is, that Moses being wearie of bearing the burthen of the whole people alone, and complaining of it, Num. 11. 14. God came downe in a Num. 11. 14 cloud, and tooke of the spirit of Moses, and put it on the seuentie ancient men that should assist him, Numb. 11. 25. Num. 11. 25 Hence it is that God himselfe appointeth it to his people: Iudges and officers shalt thou make in the Cities which the Lord hath giuen thee throughout the tribes, and they shal iudge the people with righteous iudgement, Deuter. 16. 18. Hence it is that Salomon appointed twelue Princes vnder him for the gouerning of his whole kingdome. 1. Reg. 4. 7. Hence it is that Darius constituted 1. Reg. 4. 7. & ordained an hundred and twentie gouernours vnder him, for the ruling of all the prouinces of the Monarchie: three ouer all, whereof Daniel was the chiefe, Dan. 6. 1. 2. Dan. 6. 1. 2. Hence it is that king Ahashuerosh among the rest of his Princes to whom [Page 58] he made his feast, made the same to his Gouernours: whereby we may obserue he had Gouernors, Ester. 1. 3. For this cause the Philosopher calleth Ester. 1. 3. Iudges and officers thus appointed vnder Kings and Princes, in the 4. booke of his Politikes, for their wisedome their eyes; for their instruction Aristot. Polit. lib. 4. their eares; for their protection the hands; for their supportation the legs of the Common wealth. And Philo Iudaeus that learned man, writing de Philo Judae. de creat. princip. creatione Principis, saith, Id quo (que) summae potestatis officium est: that is also the duty of the highest power or kingly authoritie, to substitute gouernors vnder him for the administration of iustice: for one man, quantumuis forti alacri (que) corpore simul & animo, in tanta mole & multitudine negotiorum non sufficit: though he be of neuer so strōg a bodie and chearfull a mind, yet in so great a weight & multitude of businesses is not sufficient.
The third thing is, where Iehosaphat set these Iudges, set downe first more generally, in the land: secondly more specially in these foure points which in their places shall be handled. First, in the land; without which a fruitfull land is made barren: for where the land is vngouerned, there it is vnoccupied; where it is vnoccupied, there it becometh a wildernesse, Jer. 17. 6. Iere. 17. 6. with which a barren land is made fruitfull. For while as barrennes chiefly proceedeth from windes, and tempests, and drought, and parching of the Sunne: a Prince, a Gouerner, a Iudge, a magistrate is said to be a hiding place from the winde, a refuge against the tempest, as a riuer of water in a dry land, and as a shadow of a great rocke against the parching of the Sunne, Esay 32. 1, 2. Secondly Esai. 32. 1. 2 more particularly in foure points: first in the cities of Iuda: old Iacob had foretold, Genes. 49. 10. that the Scepter Gen. 49. 10. [Page 60] should not depart from Iuda, nor the law-giuer from betwixt his feete, till Shilo should come. The truth whereof is here furthered by Iehosaphat, in that he planteth as it were a scepter in Iuda, and placeth a law-giuer betwixt the feet thereof, when he setteth Iudges in the cities of Iuda.
Cities they are prone first vnto deceit; therefore as the Greekes call a Citie by the name [...], the Romanes by that word expressed deceit, to shew that cities are subiect to fraudulencie. Secondly, cities are prone to crueltie; therefore though Ierusalem were the light of nations, the lady of the world and the citie of the great King, yet is she called a bloudy citie, Ezech. 22. 2. Ezech. 22. 2. Thirdly, cities are prone to incontinencie: examples whereof we haue in Sodome and Gomorrha; who for that they burnt in the flames of vnnaturall lusts amongst themselues, therefore brought downe the flames of fire [Page 61] and brimstone from heauen, to the burning and turning of them and their cities to cinders and ashes, Genes. 19. Gen. 19.
Fourthly and lastly, Cities in a word are prone to all sinnes and wickednesses: wherefore Samaria which was the head citie in Israel, is said to be the wickednesse of Iacob, Micah. 1. 5. To Micah 1. 5. the end then that this deceit in cities might be repressed, crueltie oppressed, incontinencie restinguished, and all sinnes and vices (as euill humors that crase the health of the commonwealth) remoued, Iehosaphat placeth Iudges in the cities of Iuda.
The second thing is, all the cities, &c. some without all, is partialitie; all as well as some is equitie. Equitie not partialitie ought to be the liuery and cognisance of kings, princes and Iudges. Xenophon writeth in his booke [...] Xenoph. [...]. [...]: A good ruler [Page 62] nothing differeth from a good father. A good father (as we know) respecteth not the good of some of his children, and neglecteth the welfare of the rest; but standeth equally affected vnto them all. Thus old Iacob Genes. 49. blesseth not some of his Gen. 49. sonnes, and leaueth the other vnblessed, but blesseth them all by name. A good father is affected like vnto the true mother, 1. Reg. 3. 26. who will 1. Reg. 3. 26. haue his whole kingdome gouerned not by peecemeale, as she would haue the whole child not deuided. Vniformitie is a thing basely esteemed in these times, but highly regarded by Iehosaphat in those dayes, who would haue his kingdome not like vnto the lap of Sauls garment rent, 1. Sam. 15. 1. Sam. 15. 27. 27. but like vnto the coate of Christ, whole without seame: wherefore as it is said of the Spirit of the Lord, that it filleth the whole world; so it may be said of the scepter of Iehosaphat, that [Page 63] it ruled his whole kingdome. For he set Iudges in all the cities of Iuda.
Thirdly, the strong cities of Iuda: as the stong man is not to boast of his strength, so the strong citie is not to glory in her strength; for might without wisedome, and strength without counsell, are like vnto huge piles of stuffe and stone heaped together without any morter or matter to combine the same, which are easily ruinated and dissolued. One sayth, that lawes are the life of the commonwealth: execution is the life of the lawes, and the Iudge he is the life of execution. Where then there is no Iudge, there is no execution, because it is as dead: where there is no execution, there is no law, because it is as dead: where no law, there no common wealth, because it is as dead. And what strength (I beseech you) can there be in a dead thing? A certaine learned man described a law to be [Page 64] [...] Juni. de palit, Mosis. [...], a right reason, commaunding things which are to be done, and forbidding things which are not to be done: but where there is might without wisedome, strength without counsell, there things which are commanded are violated, and things which are forbidden are performed, because men are caried with the vnbridled sway of their owne raging appetites. And corporations of men become as heards of beasts, where not the wisest, but the mightiest beare rule: vt in grege taurus: hauing, it may be, hornes and hoofes, but no vnderstanding. An army of Harts is but weake, yet an army of Harts (saith one) which hath a Lion who is stout and wise to be captain, is better then an army of Lions which are strong, who haue a Hart which is white-liuerd and foolish to be the commaunder of them. It is said, Eccles. [Page 65] 9. 16. that wisedom is better then Eccles. 9. 16. strength. Which may appeare vnto vs, not onely by the reason which Salomon vseth in the 14. and 15. verse of that Chapter, of a little Citie which Eccles. 9. 14. 15. had few men in it, and of a great king which layd siege vnto it, and builded a fort against it; and of a poore man therein, who was wise, who deliuered it by his much wisedome: but by a particular inducement of special experiments amongst our selues, as of the fierce horse, of the mightie Elephant, of the strong Camell, which by the wit and wisedome of man are tamed and made pliant to the vse and seruice of man. If then the strength of Sampson lay in the haire of his head, which being taken away, it became as the ordinary strength of another man, Iudg. 16. 19. much more Iudg. 16. 19 doth the strength of kingdomes and states lie in their Iudges and Magistrates, which are not as the haire of [Page 66] their heads, but as the heads themselues, which being remoued, kingdomes may say as sometime Dauid the king said, My strength is dried vp like a potsheard, Psal. 22. 15. Be it then Psal. 22. 15. that it may be said of our Cities, as of the Cities of Iuda, that they are strong Cities: yet is it not to be supposed that they are inuironned with walles of brasse. [...]: the wisedome Jsocrat. of rulers is as a wall of brasse vnto cities and common-weales, as writeth the philosophicall Greeke Orator; without which, though the stones of our walles be for their strength as rockes, yet will they proue but rockes of wracke and confusion to the inhabitants therein. As wisedome without iustice is subtiltie, so strength without wisedome is crueltie; and the people which are in such a case, may be said to eate the strength of their owne skin, Iob. 18. 13. like to Iob. 18. 13. huge Pyramides and Colossi, which [Page 67] being not well set together, or supported, do fall by their owne weight: so these by their owne force, as Saule by his owne sword, 1. Sam. 31. 4. Fourthly, Citie by Citie. As God made the 1. Sam. 31. 4. world by order, so will he haue it to be gouerned by order; without which it ceaseth to be [...], that is, a beautie arising of things set in order, and beginneth to be a [...], that is a deformimitie growing of things hudled and confounded together: which here Iehosaphat respecteth in that he setteth Iudges in all &c. City by City. Zach. 11. 7 calleth Order by the name of Beauty. Zach. 11. 7. The Greeks call beauty [...], that is of inticing or alluring: because it doth or ought to allure all men to the gaze and embracement of it: so beautifull is it, and so fruitfull.
The second generall head of my text doth concerne the Information of Iudges in verse the sixt, which consisteth vers. 6. first of a lesson, secondly of a [Page 68] reason for the inforcement thereof. The lesson standeth vpon three precepts, whereof the first concerneth courage that they are to do: what Iudges haue maturely purposed, that is by them effectually to be performed, not suffering themselues to be alienated first by anger: for as the Philosopher speaketh, we vse not troubled water till it be setled, neither ought [...] to vse a troubled minde till it be quieted. Secondly not corrupted by gifts: for gifts blinde the eyes of the wise, Exod. 23. 8. Thirdly not estranged Exod. 23 8. by fauour; but as the ballance weyeth the gold that is precious, and the lead that is base, both alike: so to stand equally affected to the high and to the low, to the honorable and the base, the rich and the poore, one and other. Fourthly, not auerted by the suites and mediations of friends, but to be affected for iustice, as he was for truth, who sayd, Socrates is my friend, [Page 69] and Plato is my friend, but truth more my friend; so iustice is most my friend. Fiftly, not peruerted by the wreake of priuate teen, or the reuenge of our owne priuate quarrell, but in the place of God to be like God himselfe, who (Math. 5. 45.) not suffereth Math. 5. 45. but maketh (which hath an emphasis in it) his Sunne to shine as well vpon the bad as vpon the good, and his rain to fall as well vpon the vniust as vpon the iust: so to beare an euen hand betweene them that loue them, & them that hate them, their friends and their enemies. Sixtly and lastly, not daunted or dismayed with any dangers or perils: for dangers and fearfull things are the true obiect of true fortitude; without which it can no more be said to be true courage, then Iudas his kisse was true frienship.
Oh it is a happy thing, when it may be said concerning any state, as Naum Naum 2. 3. 2. 3. that they which are in scarlet are [Page 70] valiant men: and men may witnesse concerning their Iudges and magistrates, as the Angell doth of Gedeon: The Lord is with thee thou valiant man, Iud. 6. 12. What is it that causeth Judg. 6. 12. histories to report of certaine flames of Maiestie that sparkled in the eyes and countenances of Scipio and Marius? and chiefly, as Suetonius reports Sueton. in Aug. Caesar. in his life, of Augustus Caesar? but that they were full of courage, full of fortitude, full of magnanimitie. Faint courage is worse then ignorance, ignorance (it may be) betrayeth a cause for want of knowledge, but faint courage (contrary to the priuity of knowledge) betrayeth right for want of spirit. Holy anger then is well befitting a Iudge, well beseeming a magistrate; I meane not that anger which blindeth their wisedome, but that anger which whetteth their courage. This anger it hath bene found in Moses, in Christ, in holy men from time [Page 71] to time; whereunto the Apostle exciteth vs in Gal. 4. 18: It is good alwaies Gal. 4. 18. to be earnest in a good matter; the word in the originall hath an emphasis, which is [...], that is, to be ernest with heate & feruency: & Seneca saith, Qui caret ira, caret iustitia, He which Seneca. wanteth anger, wāteth iustice; because whē he ought to do, he leaueth off to do. The second precept contained in this lesson, is that they are to take heed: wherein I obserue their wisedome: none may be superior in place aboue other, but hee which is superiour in grace aboue other, beautified as much as may be with the seuen-fold grace of the spirit of God, wherof the spirit of wisedom is said to be one, Esa. 11. 2. Where Iudges & magistrates may be Esai. 11. 2. said to be made drunk with the cup of follies, as the kings of the earth are said to be drunk with the cup of the abhominatiō of the shameles strūpet, spokē of in Apo. 17. there must needs ensue Apoc. 17. 2. [Page 72] first reeling, secondly tripping, thirdly ouerturning, both to themselues, as also to the state which is weilded by them; as excellently writeth Plato: [...]: that is, a drunken Plato. gouerner ouerthroweth al things, whether it be a chariot or a ship, or a nauie, or whatsoeuer else is guided or commanded by him. There be (saith Hesiodus) three sorts of men in euery Hesiod. cōmonwealth: the first are the worst, who can neither informe themselues, neither yet are willing to take information from others. The second of a meane sort, such as (it may be) cannot instruct or informe themselues, and yet are willing to receiue instruction or information frō others. The third sort be the best, who can both inform and instruct themselues, and are able to giue information & instruction to others: these be Iudges & magistrates, [Page 73] which when they are wanting in any state & common-weale, woe be vnto that state, woe be vnto that commonweale, because the Princes thereof are as children, Ecclesiast. 10. 16. Vbi stulti Eccle 10. 16 prudentibus praesunt, as excellently writeth Plutarch in the life of Cleomenes Plutarch in [...]. & Agis. and Agis: where fooles are ouer wise men, there it fareth with the common wealth as with a Serpent, where the tayle laboureth to rule and draw the head after it. Plato writeth in his former Alcibiades, that the heire apparent Plato in pr. Alcib. to the Persian Monarchie, as soone as he had attained to fourteene yeares of age, was deliuered to foure most choice and principall men that could be found in all the prouinces of the Monarchie to be brought vp, and nurtured in foure of the most choise and principall vertues; whereof, the first was [...], that is the most valiant, who should traine him vp in fortitude and feates of armes. The [Page 74] second [...], the most iust which should inure him to speake the truth, and to giue to euery man that was his owne. The third [...], the most sober, who should frame his mind to that sobrietie and temperance that he might not be conquered, [...], no not of one of the least pleasures. The fourth and last he was [...] the wisest: [...], that is, who taught him wisedome, chiefly consisting in the worship or religion of their gods, and matters concerning a King or kingly dignitie: Be wise therefore, ô ye kings, be learned ô ye Iudges of the earth, Psal. 2. 10. Psal. 2. 10. that ye may not onely do by courage, but take heed by wisedome.
The third precept comprized in this lesson, is courage and wisedome, both of them linked together in that the Iudges are to take heed what they do. The Aegyptians had an Embleme [Page 75] among them, which might be a good rule of direction for Princes & gouerners, [...] and magistrates, An eye with a [...]: an eye, this argueth their wisedome, whereby they take heede: a scepter, which bewrayeth their power, whereby they do: that as they are ouer men as the Eagle ouer the fowles, and the Lion ouer the beasts; so they may labour for the eye of an Eagle, whereby they may see into matters, first quickly without delay, secondly deeply without doubting, thirdly singly without doubling; for the heart of a Lion also, which is vndantable vnconquerable.
The men of Israel testified concerning Dauid, that he was worth ten thousand of them, 2. Sam. 18. 3: so 2. Sam. 18. 3. haue the people iust cause to say concerning their Iudges and gouernors, You are worth ten thousand of vs for your valiancie, worth ten thousand of vs for your wisedome. Wisedome [Page 76] like the wary spie is to go before, and Courage like a valiant army to follow after, vanquishing and subduing all things vnder it. Wisedom informeth, courage performeth: wisedome instructeth, courage effecteth: wisedom prescribeth, when, where, why, how things are to be done; courage enableth to do them. A Iudge or a magistrate hauing wisedome without courage, may be said to be [...] without heart; hauing courage without wisedome, may be said to be [...] without a head; but where they both meete together as mercie and truth did, Psal. 85. 10. there Iudges and magistrates Psal. 85. 10 may be said to do in their seuerall charges, as they which bare office amongst the Spartans, [...], that is, dispose all things in a beautifull order, confound nothing by headlong rashnesse. Hence cometh the protecting and patronizing of the good and innocent by wise courage, [Page 77] the correcting and punishing of the euill and nocent by couragious wisedome: inclinable indeed rather vnto mercie then seueritie, endeuoring for that name which Minutius bestowed vpon Fabius, as Plutarch Plutarch. in Fabi. writeth in the life of Fabius, Quando venerabilius nomen non habeo, te mitem appello parentem: When I haue not a more honorable name to bestow, I call thee by the name of a mild father; yet not so pliant to mercie as negligent in iudgement: but remembring alwaies that they beare not the sword in vaine, but that they are the ministers of God, to take vengeance on them that do euill, Rom. 13. 4. Rom. 13. 4.
The parts then of the Iudges office, are like the parts of Dauids song, Psal. 101. 1. mercie and iudgement. In the first place, if it may be, mercie, that they which are like God in office may resemble him in image, whose mercy is said to be ouer al his works, Psa. 145. 9. Psal. 145. 9. [Page 78] many punishments are a disgrace to the magistrates, as many funerals to the physitions, as writeth Seneca. Seneca.
Yet because there is a sparing crueltie, and a punishing mercy; and foolish pittie spilleth the citie, as saith the prouerbe: not so addicted to mercie as not at all affected to iudgement, without which it is sure that the weeds of vices would ouer-spread the field of the whole world, reason would become rage, lawes license, well gouerned men as brutish and sauage beasts, Monarchies anarchies, kingdomes thraldoms, and the world it selfe a wildernesse. They are therefore as in mercie, so to beare the likenes of God in iudgement, who is said to haue first iudgement, secondly iudgements, thirdly armies of iudgements, Iob 10. 17: armies which are Job 10. 17. for number many, for kinds sundry, and for force mightie, beginning all things in wisedome, following all [Page 79] things so begun with courage, therein taking heed what they do.
The second thing is the reason for the inforcement of this lesson, which consisteth in a two-fold consideratiō: wherof the former concerneth whose iudgements they execute, set downe first negatiuely, not of man; secondly affirmatiuely, but of the Lord. Not of man, who is base, weake, miserable in his birth, life, death: therefore may he seeme iustly to be contemned, his lawes to be wrested, his ordinances to be peruerted, his statutes to be transgressed by him which is the publicke organ and minister thereof: so he may do it secretly without detection, or subtilly without conuiction. Not of man, who for his matter is called Adam, Adam, red earth. Enosh, sorrow or affliction. which signifieth earth: for his misery Enosh, which signifieth sorrow or affliction: and therefore may he and his lawes seeme lightly to be regarded, basely to be esteemed. Not [Page 80] of man, of whom it is said, [...], man is full of windings and turnings: therefore seemeth it no matter very important, if there be a winding and turning from his lawes and iudgements. Not of man, who setteth forth deceit with his tongue, Rom. 3. 13. therfore may he seeme (according Rom. 3. 13. to the natural suggestion of depraued reason) lege talionis, by law of like for like, to be worthily deceiued againe. To conclude, not of man, who hath transgressed the law of the highest: for there is none that doth good, no not one. It may seeme then no matter of great moment, when a man hath transgressed the law of God, if man violate the iudgements of man.
The part affirmatiue followeth the part negatiue: But of the Lord. Of the Lord, who for his cōtinuance is God from euerlasting and world without end, Psal. 90. 2. For his essence a spirit, Psal. 90. 2. who will be worshipped in spirit and [Page 81] truth, Iohn 4. 24. For his state, one Joh. 4. 24. in whose presence is fulnesse of ioy, and at his right hand pleasures for euermore, Psal. 16. 12. For his constancie Psal. 16. 12. hath no shadow by turning, Iam. Iac. 1. 17. 1. 17. For his sinceritie and sanctimonie is holy, holy, holy, not once, nor twice, but thrice holy: and that not by the opinion of men, but by the witnesse of Angels, Isay 6. 3. Of the Esai. 6. 3. Lord, who spanneth the heauens with his span, and measureth the waters in his fist, and weyeth the mountaines in a ballance. Of the Lord, in comparison of whom all the nations of the earth are but as a drop from a bucket. Of the Lord, who is the Lord of anger, whose paths are in the whirlewind and the storme, and the clouds are the dust of his feete, Naum 1. 2. 3. Naum 1. 2. 3 Finally of the Lord: at the presence and in the sight of whom the earth is burnt, the rocks cleaue, the mountains tremble, the hils melt, the deeps roare, [Page 82] hell it selfe and all infernall troupes do shake and shudder. Seeing then ye execute not the iudgements of man such and so base, such and so weake, such and so contemptible, but of the Lord, such and so glorious, such and so mightie, such and so fearfull, such and so dreadfull, of such and so great terror and maiesty: oh it standeth you in hand to take heed what you do.
The second consideration obseruable in this reason, is, that Iudges themselues are to stand at the seate of iudgement, to be collected out of these words, who will be with you in the cause and in the iudgement: he will be with them by the all-seeing eye of his vnsearchable wisedome and vnderstanding, if they do well, to reward them with mercie: if they do euill, to punish thē with iudgement. If then the Iudges of the earth shall not administer iudgement, shall not do equitie, shall not performe iustice, shall not beware, [Page 83] shall not take heed, shall haue incontinentes oculos, & incontinentes manus, incontinent eyes and incontinent hands: Incontinent eyes like to the two vnchast Iudges towards Susanna: Incontinent hands like to Felix, who is said to leaue Paul bound, because he looked for money to haue loosed him, Act. 24. 27: then the Lord will Act. 24. 27. be with them in such a case and iudgment, in the viall of his wrath, in the edge of his indignation, punishing them both in this world and in the world to come. In this world, as he raised vp Daniel, which signifieth the iudgement of God against those two incontinent Iudges, who arraigned, condemned, and caused them to be stoned to death: as he no doubt also raised vp Cambyses against Sisannes that corrupt Iudge, in causing him to be fleyed quicke, and his skinne to be hung on the iudgement seate for his bribe-taking. But if not in this world, [Page 84] most certainly in the world to come, when, oh fearfull saying, The mightie shall be mightily tormented, Wisdom. 6. 6. VVisd. 6. 6.
But if the Iudges of the earth shall administer iudgement, shall do equitie, shall performe iustice, shal beware, shall take heed, shall seeke to be that in their seueral circuits, which Aristides was amongst the Athenians, of whom Herodotus reporteth, that he was [...] Herodot. [...], that is, the best and the most iust man among the Athenians. If they shall be men of courage, there is fortitude; fearing God, there is wisedome; dealing truly, there is iustice; hating couetousnes, there is temperance, Exod. 18. 21. Exod. 18. 21 which are called the foure Cardinall vertues, because vpon them, as vpon their proper hinges, all other vertues do depend. Vertues fit for Iudges and magistrates, on whom the stay & state of common-weales and states, as on [Page 85] their seuerall hinges, are sustained: then the Lord will be with them in such a cause and iudgement, with mercie rewarding them both in this life, as also in the life to come: in this life with riches, wisedom and honor; in the life to come with blisse, life and immortalitie. As it is comfortably written, Wisd. 6. from ver. 17. to v. 22. VVisdom [...] frō vers. 1 [...] to 22. The desire of discipline is the beginning of wisedome, and the care of discipline is loue, and loue is the fulfilling of the commandement; the keeping of the commandement is the assurance of immortalitie; immortalitie maketh vs neare vnto God: wherfore the loue of wisedome bringeth vs vnto the kingdome. If then your delight be in thrones and in scepters (oh ye kings and Iudges of the earth) embrace wisedome and raigne for euermore.
Thus (right honorable) haue I opened this text vnto you, not largely [Page 86] amplified, but briefly comprised: wherein I haue shewed you the ordination of a Iudge, and the informatiō of him. S. Cyprian saith, that God is Cyprian. one in essence, but diuers and manifold in office and magistracy, whereof your honours haue a portion. Gird therefore your loynes with the girdle of fortitude, but of fortitude informed by wisedome: let mercie and iudgement, iudgement and mercie meet in your persons, as somtime the sweete and the strong, the strong and the sweet did in Sampsons riddle, Iud. Judg. 14. 14 14. 14. Go on to do that which ye do, I meane to shun and auoid that which is euill and vniust, and so ye may shun and auoid the being of God with you in the cause and in the iudgement punishing you. Go on to embrace that which is good and iust, that so the mercy of God may embrace you, and his louing fauor may compasse you about as it were with a shield, Psa. 5. 12. Psal. 5. 12. [Page 87] Let the iudgement-seate, whereon your honorable personages doe sit, put you in mind of the seate of Gods iudgement: let the iudgement barre, whereat the miserable prisoners are arraigned before you, bring to your remembrance the bar of Gods iudgement, when the iudgement shall be extraordinarie, both in regard of the Iudge, who shall be God the Iudge of the whole world, Genes. 18. 25. as also Gen. 18. 2 in regard of them which shall be iudged, which are the Iudges of the earth. And euer and anon think vpon that saying, which, the wiser the heart is it lighteth on, the deeper impressiō it maketh, written Wisdom. 6. 5. Sodainly VVisd. 6. 5 will the Lord appeare vnto you: for a hard iudgement shall be for them that beare rule. Proceed therefore as to the good of this kingdome you haue begunne: proceede I say, and so long as this your life continueth, continue you this proceeding, to be that [Page 88] vnto his Maiestie, which his excellencie in that his excellent speech which he made in the Parliament house, no doubt in your honourable presence and audience, aduiseth you to be his eyes to see for him, his eares to heare for him: that as his Maiestie desireth to heare and see for the Lord; so ye may see and heare for his Maiestie. For his Maiestie in that his speech, religiously protesteth that the thrones which you sit on, are neither his nor yours, but the Lords. Keepe therfore iudgement, relieue the oppressed, iudge the fatherlesse, defend the cause of the widow, Esay 1. 17. Let that saying Esai. 1. 17. of Gregorie Nazianzen be as a magistrates memento vnto you, Quemadmodum Grego. Naz. leonum & reliquorum animaliū motus non sunt ijdem, ita nec magistratus & populi: as the motions and gestures of Lions and other baser creatures are not alike, so neither of the magistrate & the people. As therefore [Page 89] ye manage greater matters then the people, so ought your cariage to be of better manners then the people: that as in places, so you may be aboue them in graces; that it may be said of you in regard of your Iudges office, as it is said of Dauid in respect of his kings office, that the spirit of God is come vpon you from that time forward, 1. Sam. 16. 13. Plutarch reporteth 1. Sam. 16. 13. Plutarch. [...] Demosthen [...] in the life of Demosthenes, that it was a saying among the people, that Demosthenes was worthy of the citie, but Demades aboue the citie. Behaue your selues so in your places, as ye may not onely be counted worthy of your places, but also aboue your places; that he which sitteth aboue, may reward you both below and aboue: below in this life with riches, wisedom and honour, waiting on your iudgement seates, as sometime they attended on the throne of Salomon: aboue in the life to come with blisse and immortalitie, [Page 90] when your scarlet robes shall be turned into long white robes, your traines of estate into troupes and millions of Saints and Angels: your iudging of men into iudging of Angels; and your earths authoritie into heauens glory: which God grant vnto all faithfull Iudges and all his faithfull people, and that for his Son Christ Iesus sake: to whom, together with the holy Spirit, be all honor, praise, power, and dominion both now and for euer. Amen.