A SERMON PREA­ched in the Cathedrall Church of the Citie of Waterford, in Febr. 1617. Before the Right Honorable the Lord President of Munster, and the State: AS ALSO, Before S r William Iones Knight, Lord Chiefe Iustice of Ireland, and Gerrard Loder Esquire, one of the Iudges of the Common Pleas, the then Iu­stices of Assize held in the same place. At which time the Charter of the same Citie, being by diuers Iuries found forfeit, was lastly surrendred. By ROBERT DABORNE Chancelor of the said Cathedrall Church of Waterford.

ROM. 11.33.

Oh the deepnesse of the riches both of the wisedome and knowledge of God! how vnsearchable are his Iudge­ments, and his wayes past finding out!

Printed at London for H. Gosson. 1618.

TO THE TRVLY ennobled Donogh O Bryan, Baron of Ibrackan, Earle of Tho­mond, and Lord President of the Pro­uince of Munster in the Kingdome of IRELAND: Robert Daborne wisheth the increase of all Ho­nours, and the fruition of his sanctified desires.

RIGHT HONORABLE:

AS all Vertue findes both originall and perfection in Chri­stian Religion; so e­specially Gratitude: that if I would deliuer in a word, [Page] what our Profession teaches, it should bee this; To bee thankfull: And though my ablest endeauor, assisted with most fauourable ac­ceptance, can neuer render mee more then willing to deserue the greatnesse of your H: bounties; yet if I onely of many my Bre­thren (as who knowes your Ho­nor truly, but must confesse you a Father of our Nation) come back with the Samaritane to make pub­lique acknowledgement as it can no way take from the constancie of your goodnesse, so it addes this benefit to mee, that I haue some testimony of my desire to pay, as I haue many witnesses of my debt. Not to trouble your Lord­ship [Page] with much, as the wisdome of Kings best appeares in their ele­ction of Vicegerents and Coun­sellors: An example where of wee haue in Salomon and his Sonne Ro­boam, 1 King. 12. So the Lord grant in preferring such Religious and truely Honourable Personages as your Lordship, to the seat of Iu­stice, we his Maiesties loyall Sub­iects may euer continue to ad­mire his high Iudgment, and dai­ly blesse the Lord for him.

Your Honors faithfull Seruant and Chaplaine, ROB: DABORNE.

A Sermon preached at Waterford in Ireland.

Right Honourable, Right Reuerend, Worshipfull, and Beloued in the truely lo­uing, and best beloued Christ Iesus; my Meditations to bee expressed at this time for your edification, are grounded vpon that parcell of the word of God, which you shall finde written in the 11. Chap. of the Prophecy of the Prophet Zachary, the 7. Ver. the last part of the Verse.

And I tooke vnto mee two staues, the one I called Beauty, and the other I called Bands: and I fed the flocke.

THe Scripture, as man, con­sists of a Soule and a Body; the Letter is the Body, the Sence is the Soule. There is a Law for both, to both; Explication of the Letter, Application of the Sence: the Ecclesiasticall Law to direct the soule, the Sword of the Magi­strate [Page 2] to gouerne the body: both agree to this time, to this place: both meet in my Text: the first is called Beauty, the o­ther Bands. What I haue receiued, that I shal deliuer: what I deliuer shal become you to receiue; God which is the Crea­tor of the meanes, knowes best how to dispose the means. He which in the Go­spell was restored to his sight, excepted not against the clay, neyther abhorred the spittle. Holy Iob despised not the counsel of his seruant: & it Naaman had not bin ruled by his Bond-woman, hee had died in his leprosie. Matter and Bre­uity, if wee beleeue Fulgentius, are two maine vertues in a Preacher: though I haue onely the first in my desires, you shal b [...] sure of the last, which is in my po­wer. And I tooke vnto me two staues, &c.

Wherein I obserue an action, Feeding; an Actor, I, I am that I am, God. The Obiect, circa quod, the Flock. The means of feeding, in quantitie two, in quali­tie excellent, forcible; Beauty, Bands. [Page 3] And I tooke vnto me two staues, &c.

That Feeding is taken for ordering and gouerning, Psal. 78. the last Verses, Hee chose Dauid also his seruant, and took him from the Sheep-fold, to feede his peo­ple in Iacob, and his inheritance in Is­rael: So bee fed them according to the simplicitie of his heart, and guided them by the discretion of his hands. Accor­ding to that 2. Sam. 5. Thou shalt feed my people in Israel, and be a Captaine in Israel. To come neerer to you, 2. Sam. 7.7. I commanded the Iudges to feede my people Israel.

And that you may not thinke this gouernment only belongs to the Tem­porall Magistrate, S. Paul, 1 Tim. 5.17. tels you, The Elders that rule well are worthy of double honour. And that yee may not thinke the word Rule is heere meant onely Preaching, in the same Chapter he tels Bishop Timothy what Witnesses hee shall allow of, in what manner hee shall rebuke, and aboue [Page 4] all, that hee be not partiall. And as our Sauiour giueth in the person of Peter warrant sufficient to all Elders to feed and to gouerne the flocke, so S. Peter expounding the intent of Christ, in the first of Peter, giueth as ample au­thoritie to all Bishops, as well as to the Pope, to feede and gouerne, in these words; The Elders which are amongst you I beseech, who also am an Elder, (not Dominus Dominantium) that you feede the Flocke which dependeth upon you, go­uerning it, not by constraint, but willing­ly, not for filthy lucre, but of a free and ready minde. Now if Bozius tell you Saint Peter spoke not to the Pope here considering his manners in the effects, I am content to beleeue him.

That the Actor or Feeder heere is God, is as S. Ierome tels you vpon this place, that Iudges may know they doe onely supplere vicem Dei, supply Gods place, not sit in their owne: When thou commest vnto the people of Israel (saith [Page 5] God to Moses, Exod. 3.14.). Thou shalt say vnto them, I am hath sent mee vnto you. All power is giuen from God, and Iudgement from aboue, Wild. 6.1. And I charged your Iudges at that time, say­ing; Iudge rightly between euery man and his neighbour, for the Iudgement is Gods. Deut. 16. Hence comes our reuerence: hence should come your zeale, your feare, God visits vs by you, but he will visit you by himselfe, Ier.5.29.

The Obiect or people fed, are na­med The flocke, that you may feed, not fleece them, and that wee which are vnder your gouernment, may behaue our selues, not as Wolues, rauening; not as Dogs, enuying, barking at and tearing one another; not as Foxes, sub­till and crafty; not as Swine, luxuri­ous, vncleane; not as Horses, proud, stubborne: but as Sheepe, tractable, gentle, innocent, that these Iudges which are set of GOD, may finde vs such in their Circuit, as we would be [Page 6] found at the generall Assize by the Iudge of Iudges Christ Iesus, when he will acknowledge vs by the name of Sheepe, euen the blessed of his Father, and seperate vs from the Heard, Math. 25.33.

To conclude, both Iudge and peo­ple are hereby taught their duties one to another, and both to GOD; of whom, being our great Shepheard, we may say truely, as the Poet fainedly of Pan: ‘— Pan curat ou [...]s, ouium (que) Magistros.

Our word shall be, Tanquam Deo, to o­bey you as the Ordinance of God: let your word be Coram Deo, to iudge vs as in the sight of God. And I tooke vn­to mee two staues, the one I called Beau­ty, and the other I called Bands, and I fed the Flocke.

Many are of Laertius his minde, they would haue but one Law; affirming, Vbi multi Medici, ibi multi morbi, where there are many Physitians, there are [Page 7] many diseases. But more are of Demo­nax minde, Leges prorsus esse inutiles, to haue no Law at all, affirming the good need them not, the bad will not be bettered by them. Sure as they which maintaine these opinions, are not of the good, who need no Lawes, so it is to be feared they would be farre worse if they were without Lawes: tis old but true, Oderunt peccare mali formi­dine poenae: But wee Christians say with S. Peter, Lawes are needfull for good and bad; for the punishment euill doers, and for the defence of and in­couragement of them that doe well, 1 Pet. 2.15. And wee approue that of Chrisostome, To make Musicke on a Harpe, it is not sufficient to play on one string, but all must be strucke in due measure and proportion. Man as I haue said, consists of a body and a soule, to both a Law is required: at the first, the Law of the Soule was written in heart, for without this Law Abel could not [Page 8] haue offered the acceptable Sacrifice, Heb. II. In the first ages the Law of Nature restrained those sinnes which after, the Law of Nations forbad. The first written Law giuen to the Elect people of God, being Ecclesiasticall binding the soule, was giuen into the hands of Moses a Leuite, but the cor­rupt manners of men caused them to be extended to the punishment of the body: wherein as God reserued the Iudgement and inquisition to Moses, the execution was done by the hands of the people, not by the Leuites; Time perfected Sinne, Sinne seuerity: the people weary of the strict gouern­ment of Samuel a Leuite, will haue a King though of the Tribe of Renia­min, to iudge vs (say they) and to goe out before vs, 1 Sam. 8. But was this request against the ordinance of God? No, the Law of Deuteronomie long before, gaue instruction for the choo­sing of King, and prescribed a Law to [Page 9] the King, so that the Israelits sinned not in their request, but in the time of their request, not attending Gods leasure. Was the Ecclesiasticall Law abroga­ted now? No, the King must take the Law and reade it diligently from the hands of the Priest, in one and the same Chapter, Deut. 17.

Now that it is called Bands here, is in respect of that tye which the King hath vpon the People, bound to ob­serue his Lawes, not repugnant to Gods Law, for then they cease to be Lawes; and of him to the people, as you may read of King Dauid, 2 Sam. 5. which hee cals there, The Couenant betweene him and the people. And in 1 Sam. 10. Samuel declareth to the people the duty of a Kingdome. So you see here was a King ouer the people aboue the Priest, but neyther Lawes abrogated, they being indeede the two hands of 2 King, which must defend and wash one another: though the wicked per­swade [Page 10] them they are feet, the one can­not be lifted vp vnlesse the other be thrust downe, godly men will attend Samuel home, though Saul be chosen aboue him: but they are branded for vvicked men that slighted the Ciuill Magistrate vvhen they had a Tempo­rall, 1 Sam. 10.27. Such men forget that Salomons Throne had Lyons on eyther side to support it, that our Kings carry a Crosse in one hand, as vvell as a Sword in the other. As the Mini­stry acknowledges all obedience to the temporall power, not as Bellarmine and his broode affirme, Virationis non Legis, sed virationis & Legis, Both by the Law of God and humane reason: so likewise it is the duty of the Tempo­rall Magistrate to rise vp to Nathan, as Dauid did, to vphold the priuiledges of the Church, as good Constantine did; Not (saith hee) onely because I am sworne so to doe: but because I am sworne to that which the Law of [Page 11] God commandeth. There are some that though they desire not to haue the gouernment of the Church whol­ly extinguished, yet with Vzza they thinke it had neede of their help: others with the busie Bethshemites will be prying into the Arke, they will be in­quiring, and looking into the defects of Church-gouernment, be it but to fill vp their discourse, hauing neither place nor purpose for the amending it: But the same God which struck Vzza dead for doing the first, 2. Sam. 6. will not let these escape more then he did the Bethshemites, of whom he destroy­ed fiftie thousand for presuming the last, 1. Sam. 6.

There are a third Sect, and those are puri quasi minime puri, the impuritans of our time, these neuer cease crying out to the Church, as the Diuell did vnto Christ, cast thy selfe downe, humble thy selfe before vs. The Church though rent and almost ruinde, is yet [Page 12] too glorious in their eies, it faring with these men as with those who standing vpon earth looke vp to lofty pinnacles, which still seeme to wauer and stand awry, when the defect is truly in their owne sight.

Lastly, there is a fourth number which with Ammon hauing defiled their sister, would gladly expose her to the contempt of others: These men (with sacrilegious hands) hauing raui­shed the Church of her Lands and or­naments, are the first that tell her when shee threatens them, A proud Beggar God hates. Surely, as Thamar said to Ammon, to say I to such in the behalfe of my dispised Mother: This last wickednesse is greater yet then the first, 2. Sam. 13.16. Let these and eue­ry one of these remember that it was the sinne of the Princes of Iuda, to take from the authority of the Priest, which the Lord compareth to the remouing of the Bounds, an act accursed in the [Page 13] Leuiticall Law: for which (saith he) I will poure my vengeance vpon them like water, Hos. 5.10. As wee iustifie Pope Boniface the eight to be Antichrist: who wrote to the most Christian King Phil­lip le Beau, to come and acknowledge he held his Crowne of him; threatning if he should refuse, to depose him and Crowne another: The answere of which King, I cannot omit, wishing it might be ingrauen in leaues of gold by a pen of diamond, Phillippus Dei gra [...]ia [...]rancorum Rex, Bonifacio se gerenti pro summo pontifice salutem modicam, sine nullam, sciat tua maxima fatuitas, in tem­poralibus nos alicui non subesse: To Bo­niface bearing himselfe for Pope, little or no health, be it known to thy excee­ding great foolishnesse, that Wee in Temporall affaires are subiect to none. As I say we iustifie the Pope to be An­tichrist for vsurping both Swords, so we confesse Damascen Bishop of Rome was a good Bishop and Martyr, who [Page 14] suffered for the liberties of the Church. In this mans time the deuise of the Bi­shops of Rome might haue well beene a blanck paper opposed to a burning glasse, the word Candor illaesus, The Arms of the Church, being then teares and praiers, at nunc horrentia martis, now they are swords, targets and gun­powder. I feare I haue leaned too long vpon this staffe, but my conscience the more inforceth me, because I assure my selfe the want of that respect and pow­er the Ordinary ought to retaine, is a maine cause of so many being in this place Recusant. Briefely then that you may know by Beauty, is heere meant the Ecclesiasticall gouernment, besides the verses following my Text, which confirme it, which shewing that both staues were broken, and foolish shepheards set ouer the people: it particularly giueth vs to vnderstand, that this staffe of Beauty was broken for the sins of the Priests, and the staffe of Bands for the [Page 15] sinnes of the Prince and his Subiects. The Prophet Dauid I say in the 19. Psal. telleth vs, that the statutes of the Lord are right, reioycing the heart; the com­mandements of the Lord are bright, en­lightning the eyes. And Saint Paul in the 2. of the Corinths 3. If the old Law, the Law of condemnation were beau­tifull, were glorious, much more doth the ministration of righteousnesse ex­ceed in glory: Oh that we could as tru­ly say the discipline of our Church were as fruitfull as Leah, as we can say she is beautifull as Rachel, nay beauty it selfe, not in the concreat, but in the abstract according to the words of my Text: And I tooke vnto me two staues, the one I called Beauty, and the other I called Bands, and I fed the flock.

But why are both Lawes Spirituall and Temporall called Staues; because they ought to haue these foure proper­ties of a staffe, to direct, to correct, to defend, to support. They must direct [Page 16] all, correct the wicked, defend from the oppressor, support the oppressed: And that the stone may be hewed out and fitted to the line, Iethro placeth Iustice vpon a cube or square, painting out a good Iudge with foure answerable qualities, Exod. 18.21. Prouide (saith he to Moses) amongst all the people, able men: that is for direction, fearing God not men; that is for correction, dealing tru­ly; that is for defence, hating couetous­nesse; that is for support. Of these as the spirit of God shall inable me, your respectiue patience incourage me, and the time permit. First, a Iudge must direct, therefore vnderstanding is re­quired in a Iudge, ignorantia Iudicis po­puli calamitas, woe be vnto that people who haue Children for their Kings and Gouernors, Eccle. 10.16. and Ecclus. 11. 7. vnderstand first, and then reforme righteously. Cassbodore giues vs the reason why learned and skilfull men in the Law should be chosen Iudges, quia [Page 17] non facile erroris vitio sordescit, quem doctrina purgauit, learning (saith he) is the best preseruer from vice and error; and that you may not thinke only Iud­ges of Assise and Bishops ought to be learned, in the aforenamed Ex. 18. Let able men be chosen to be Iudges, ouer hun­dreds, ouer fifties, ouer tens, It is worthy your eare, your regard, who haue power to constitute Iudges ouer inferior Courts, the seed-beds of corruption & oppression, but he must direct, then he must expound the law directly: he must be Iudex ius dicens, as our Ilands Oracle wel obserued, not ius-faciēs, he must pro­nounce Law, not make Law, which he does when he either wrests it, or inter­prets it falsely: Againe, dirigit qui di­rectè it, he directeth who goes directly, but he that lookes aside can hardly goe directly; he that is blinde can­not goe directly; he that is a respect­er of persons he lookes aside, non con­sideres personam pauperis, Leuit. 19. [Page 18] Thou shalt not consider the person of the poore, nor behold the counte­nance of the rich, but judge thy neigh­bour iustly. And he that takes a bribe cannot see at all, Eccle. 20.18. Rewards and gifts blind the eyes of the wise, and make them dumb, that they cannot reproue faults. Of the first, Laertius giues vs an excellent example of one Bion a yong man newly made a Iudge, whom a fa­miliar of his meeting as he was going to the Bench, runs to him, crying out friend Bion I am glad I haue met you, you are mistaken Sir (saies Bion) I left your friend at my house, whither if you come when the Court is vp, you will finde him ready to intertaine you. Oh! had Achab remembred this, when being daz [...]led by the name of his friend Ben­hadab, 1. King. 20. Hee could not see to doe Iustice vpon the enemy of God, he had not died so miserably. Had wret­ched Pilate not beene lured out of the way of Iustice by the name of Cesars [Page 19] friend, he had washt his hands truely in innocency, Iohn 19.12. I exhort you therefore in the name of the euer li­uing God, who is no respecter of per­sons, as Moses did the Israelites against Idolatry, Deut. 13.6. seeing this friend­ship is enmitie with God, Iames 4 4. That if thy Brother the Sonne of thy Mother, or thy wife that lieth in thy bosome, or thy friend which is as thy owne soule, shall intice thee secretly, saying, I pray winke at the sinne of my tenant, giue way to the putting off a Triall which is brought against me but till next Assise, or I pray entertaine my aduersary roughly, that he may be dis­heartened to seeke for Iustice: I beseech thee consent not vnto it; for why, he that stall respect the person in iudgement, mine [...]ie shall be vpon that man to cut him off from Israel, saith the Lord, Deut. 16. As for bribes let Tytus motto be thine, non habet euentus sordida praeda bonos, The end of filthy gaine is misera­ble. [Page 20] The Iudges in the old Law sate in the gates of the Citie to auoid suspiti­on of bribery, and for easie and vnsus­pected accesse. Now we know that the way to a Magistrates chamber may be open, his hands may be free, but as in a Salmon weire, the returne may be hard, there may be certaine sharp prickers at the dore, which will draw blood of him if he depart before he pay tythe. But if a Iudge will florish like an Oliue tree, he must haue the property of an Oliue tree, which as Solinus tels vs, growes not onely smooth it selfe, but suffers no bryer to grow neere it, quifa­cit per alium facit perse: now if a Iudge will receiue bribes, either directly or indirectly, if Troy will be wonne with gifts, heere be Greekes will soone be Masters of it: But wise Laocon will cry out, timeo Danaos & dona ferentes, they will know he was a Heathen that said, profit smelt wel whence soeuer it came, and with Christian Saint Peter will say, [Page 21] to the Bribe-giuer, thy money perish with thee, Repent thee of this wickednesse, that God may forgiue thee, for I see thou art in the gall of bitternesse, and in the bond of iniquitie, Acts 8.20. Iustice is the Abner which thou must pursue; like Asabel rather dye then step out of the way, and though these bodies of sinne we beare about vs, like the kine which (carried the Arke to Bethshe­mesh) lough after their calues, the friendships and commodities of this life: yet as those Kine, so you turne not either to the right hand or to the left, till you come to your eternall Elisium, as they to the field of Iosua the Bethshe­mite, 1. Sam. 6. And thus much for the first propertie of a staffe, of the Law, of the speaking Law, a Iudge to direct.

The second propertie is to Correct, nothing seemes more easie to man, no­thing is more hard. There is a cor­rection to amendment, there is a cor­rection to distruction. First, for the [Page 22] maner, Saint Austin bids vs remember to expresse God not our selues in our correction, which Cassiodore expounds when he tels vs, to iudge iustly makes a Iudge hold the name of a Iudge, not to iudge sharpely, proudly, the sword is in the hand of the wise Magistrate to the punishment of offenders. Now there is a rod of Pride, but that is in the mouth of the Foole, Pro. 14. will you see them distinguisht by patterne? will you heare a wicked man in authoritie speake? heare Shimei, Stand forth (saith he to deiected Dauid) thou wicked man, thou murtherer, behold God hath taken thee in thy wickednesse, because thou art a mur­therer, 2. Sam. 16. Now you shall heare a perfect Iudge speake, Iosua to Acan, as great a sinner as comes to our barres, whose sinne was the death of thirty sixe men at an instant, besides such a dan­ger and reproch to his country, that good Iosua rent his clothes and fell v­pon his face all day long before the [Page 23] Arke of the Lord for the finding out the offender, which person by the infal­lible lot being now discouerd, Marke how he flies vpon him, My sonne (saith he) I beseech thee giue glory to the Lord God of Israel and make confession vnto me what thou hast done, but when he confest it, then you will expect a Cice­ronian volly discharged at him: no, Io­sua is a Iudge of the Lord still, Why, oh why (saith he to Acan) hast thou thus troubled Israel, euen for this cause will all Israel trouble thee, the correction of the wise like gentle raine, euen Aprill showers soften the heart of a sinner, be­get plenty: but cruell words like vio­lent stormes wash away the fruitful­nesse of sorrow and make a dearth, as Isydore saies, he that insolently correcteth his Brother, lanches the sore but cures not the wound. A good Iudge like the Phi­sitian giues a bitter potion to the dis­ease, but is not angry with the sick, Re­member Saint Austins rule, Remem­ber [Page 24] that thou a man art a Iudge of men, Quod hominis est miserere, pittie that part which is man, considering his fall, to which without the especiall good­nesse of God, thou also art subiect, oh neuer forget the curse which Dauid giues in the 109. Psal. Let there be none to extend mercy vnto him, nor to fauour his fatherlesse children, let the iniquitie of his Fathers be remembred, let their sinnes be before the Lord continually, that the memory of them may be cut off from the earth: Why? because he remembred not to shew mercy, but persecuted him that was in misery, and sought to slay the broken in heart. I know beloued there is crudelis misericordia, a cruell pitty, but I speake to your tongues, not to your hands, to those sharp pointed daggers which often slay the soule of the sinner: But is there no place for a bitter reproofe; yes, Saint Peter to A­nanias & Symon Magus witnesses there is, where the law fals short to reach a [Page 25] sinner let thy true zeale peece it out with thy words, let thy tongue like the sword of Phinees, pearce through the Adulterer & the Adultresse. But here­in are all persons alike? No, the sacrifice that was offered for the sin of the Priest, was burned without the Host, Leu. 14.11. A minister offending is worthy of treble punishment, as he that does well is worthy of double honour, but take heed in reprouing one, thou dost not bring a shanie vpon many. Holy Dauid doth not deny the iudgement of God vpon the person of Saul Gods annoin­ted, to be iust, but with a most pious re­gard to the glory of God he breaketh­out into that passionate perswasion which I will vse vnto you, conside­ring the enemies of God dwell about vs: When a Minister offendeth pu­nish his person, but spare his fame, Oh tell it not in Gath, publish it not in the streetes of Askalon, least the daughters of the Philistians reioice, least the daughters [Page 26] of the vncircumcised triumph, 2. Sam. 1. It is the nakednesse of thy parent, let blessed Sem goe backward and couer it. The third note I will giue you in cor­rection is, that as thy hand must be vpon the sinner, least the hand of God be vpon thee, Leuit. 5. so herein you must correct as God, not as man, you must not spare Agag and the fat of the land, and punish the poore tenants and the leane; we must purge the head, saith a writer vpon the Kings, if we will keep the feete from swelling, doe you desire to draw the land from idolatry, indite the Landlords, bring them to Church, the Tenants will soone follow: a good husband searches the root to preuent the barrennesse of the tree; but this is dangerous doctrine in our daies, sure had Barack feared this, Debora had wan­ted a part of her song. The Kings came and fought, euen the kings of Canaan by the waters of Megiddo, but they re­ceiued small profit thereby. Vp Debora [Page 27] vp arise and lead the captiuity captiue, thou sonne of Abinoam, for a remnant haue do­minion ouer the mighty. The Lord hath giuen me dominion ouer the strong, so shal all thine enemies perish, oh Lord, but they that loue thee shall be as the Sun when he riseth in his might, Iudges the 5. The battels of our Princes haue beene fought prosperously in this land, and shall we be afraid to fight the battels of the Lord, Qui metues viuit liber mi­hi nan erit vnquam, I will conclude this second property of a Iudge to cor­rect, with that of Syrack. Eccle. 7.6. Seeke not to be made a Iudge vnlesse thou canst breake through iniquitie, and not feare the person of the mighty, which will make thee sinne against thine owne vpright­nesse.

The third propertie is to defend, to which by Iethroes aduice I ioyne Truth, and will now adde Watchfulnesse. To iudge truly is to defend against the op­pressor: The Greekes made Aletheia [Page 28] Truth, a goddesse, caruing her out of a Rocke, answering to Ciceroes definiti­on, Truth is that which time cannot vio­late. Aristotle tels vs that veritas, truth, is deriued a ver, veris, from the spring, because in the spring nature giues a pure and simple generation to crea­tures, wilt thou haue a fruitfull soule, a fruitfull haruest, a fruitfull praise? judge truely. The Hebrew, as the skilfull in the originall note, often setteth downe Truth for Iustice it selfe, as in the first to the Chor. 3. speaking of Charity, It reioiceth not (saith he) in iniquity, but it reioi­ceth in the Truth, that is, in Iustice. In no­thing can you come neerer to God, whose Embassadors, whose seruants you are then in this: who as Dauid tels vs in the 91. Psal. shall couer vs vnder his wings, and his truth shall be our shield and defence, but how shall a Iudge de­fend vs from the oppressor if he be not watchfull ouer the tongues of the Lawyers, ouer the persons of the wit­nesses, [Page 29] these being the instruments of the oppressor by which he peruerteth iudgement and wounds the poore and the Fatherlesse, there being none to help, Death and life are in the power of the Tongue, Prou. 18. this is the weapon that strikes, against which Iustice must haue her buckler to defend: as against a sword there is required a quick eye, so against the tongue is required a set­led eare. Now the wicked with his tongue draweth his neighbour out of the way, and there he smites him, let not the Orator therefore draw thee out of the way: let him not deuiare go about the bush as the prouerb: the old word was ad rem but now it may be ad res, the Epigram agrees to our times, against these that vent so much imper­tinent stuffe as though they had sued out a writ of Tales de circumstantibus got leaue to vse words for want of matter, or at least for want of truth to their matter durst not appeare before [Page 30] Iebu, vnlesse with Iesabel they come painted. The Poet I say presents a poore Client hauing feeed his Coun­sellor to plead for the recouery of two hogs were taken from him, the Coun­sellor assures him it should be his first motion, and with all speed steps to the Barre, there he makes a long Oration so farre from the matter, that the inno­cent Client, thinking he had forgot him and beene busied in other mens af­fairs, cries out vnto him, Iā age de porcis; I beseech you now Sir remember my hogs. It stands vpon the Iudges to re­forme this abuse, and vpon the Iury to beware of them: the Fencer when he dazels most, hits soonest; dost thou see him inueigh against the person of the accused or iustifie the accuser, let this plaister smell neuer so sweete it couers but a sore. But aboue all, the witnesses are those I would speake vnto, Doeg is the man I would combate with, but alas they which are suffered to speake [Page 31] against the seruants of God, are not compelled to be heere to heare the word of God, were they heere I would tell them it is written, Thou shalt not beare false witnesse against thy neighbour. I would tell them the word Neighbour was not meant as the decretals expound it, he that is of thy religion, but the Sa­maritan is also thy neighbour though neuer so wicked; for thou art not to re­spect against whom, but what thou swearest: and aboue all, that as thy oath is in the sight of God, so it must be to the glory of God, according to that of Ieremy 4.2. Thou shalt sweare in truth, in iudgment, in righteousnesse, and the Na­tions shall blesse God and glory in him, I would tell them were they heere that Osee the last king of Israel for breaking his Oath with Salmanazar king of Ashur an Idolater, died a captiue in ex­treame misery 2. King. 17. That Sede­chias king of Iuda rebe [...]ling contrary to his Oath against Nabuchadnezzar, not [Page 32] only, brought destruction vpon Ierusa­lem, but hauing seene his owne Chil­dren slaine before his eies, had those eies also bored out, from which I would come neerer to them, and tell them that the Pope and the Counsell of Con­stance erred, no little when they deter­mined, Faith ought not be kept with Heretikes: I could instance Rodulph king of Swevia, who being dispensed of his Oath by the Pope which he had made to Henry the fourth Emperor, vpon which he tooke Armes against the Emperor, lost his right hand in the same, which hand being brought vnto him, and looking thereon, Oh you wic­ked men (saith he to the Bishops) this hand with which I swore fealty to the Em­peror will remaine an argument of my breach of Faith before God, and of your traiterous and irreligious impulsion thereto. I would tell them lastly that it is one of the things that the Lord doth hate: yea, that his soule doth ab­hor, [Page 33] Pro. 6. At least how carefull, con­sidering these things, ought you to be what witnesses you receiue, seeing the Lord hath commanded you to make diligent inquisition after these, Deut. 19. Do not imagine it concernes you not, I would heere aske, seeing the Law a­lowes only the testimony of honest and lawfull men, how a Recusant can stand in the rancke. By the Law of God he is to be accompted as a Pagan that stands excommun [...]cate, 1. Cor. 5. and by the Law of England a Recusant can­not haue the benefit of the Law against a subiect, no not in recouering of his right: Is it the sentence or the sinne that depriues of this abilitie, sure you will say the sinne is the cause, the sen­tence doth but demonstrate the person. Now quis (que), praesumitur in lege, euery man is supposed honest in the Law till he be proued dishonest, ex ore tuo te iu­dico, Recusancy is no blushing sinne in these daies in this place, their owne [Page 34] mouthes will accuse them, if euer Epi­carmus his little Iewell, therefore were worthy a Iudge, which Cicero termes the bond of all humane wisdome, let it be your posie memento diffidere, be not light of beleefe, Iesabel wanted no wit­nesses against Naboth. But these are not so bad: [...]ruly as the little birds said being demanded wherefore they were afraid of the Cucco seeing he was no hawke, so answere I, though he be no hawke, he is very like one: God knowes how farre from malice to the Nation, I speake, who I doe assure my selfe if it would please God to open their eies and see the truth would be a staine to vs in their deuotion in their abundant charity.

But to conclude, it is not sufficient to defend from the oppressor, but a good Iudge must support the oppressed, he must be a Father to the Fatherlesse, and a husband to their mother, Eccle. 4. So shalt thou be as the Sonne of the most high, thou must be speedy in dispaching [Page 35] their causes, thou must looke they be not dishartned by the greedinesse of thy fees, or thy officers fees, God is thy pay-master, & will be theirs; dispatch them before they cry, for their cry will reach as farre as Heauen, and God will come downe, Exod. 3. Now there are 4. crying sinnes expressed in this Distcik:

Clamitat in celū vox sanguinis & Sodomorū,
Vox oppressorum, merces retenta laborum:

And because the first two are noto­rious, of the third wee haue spo­ken: I cannot forget to touch the fourth, which is the withholding the reward of the labourer, seeing hee is amongst the most oppressed, and it is your duty to support him: I neede not tell you that the faithfull Minister is a true laborer, a painefull watchman, 1. Ez. 3. though it may be in some pla­ces, they are not husbandmen as Paul cals them the 1. Cor. 3. but Haruest­men known onely to their Parishioners when they come to gather their tithes, [Page 36] tanquam stratonicles in auream messem, reaping where they doe not sowe, I shall not neede to tell you who with­hold their wages, your Courts haue their names in black rowles, as God has them in his black booke, but I say you are to support them that haue their wa­ges withholden, you are with Ezra to make hast in restoring the Church to her rights, to bestow trauell, nay and cost too for the rebuilding the Temple of the Lord, but alas our number of Brick is required at our hands, but the allowance of straw is taken away; nay, there is daily more Brick required, the poore Minister is forced to attend at the Assises and Sessions, to present Re­cusants at his owne cost abroad, who hath not wherewith to feede him at home, if this be not an oppression, I am sure it is to deuide the punishment in­consideratly as Dauid did the inheri­tance betweene Mephisbosheth and Ziba, a good man and a wicked, 2 Sam. [Page 37] 19. Sanabimur si separemur a caetu saith Seneca, and I am sure it is Religious, seeing God hath put vs apart from the people, not to lay burdens vpon vs to impouerish vs to the contempt of the people, but I speake to the wise, lesse then a word is heere sufficient.

Lastly, the wages of the poore soul­dier is to be lookt vnto, a true laborer, that hath sweat his blood for his Coun­try. The sonne of Syrack in the 26. of Eccle. 29. saith there are two things which grieued his heart: A man of war that suffered pouerty, and a man of vn­derstanding, that is not set by. They haue a rule in the Gospell to be con­tent with their pay, but there is no law to see them miserable for want of pay, let vs not vse them as we doe our chim­nies, creep to them in winter and stand aloofe from them in Summer. No let vs deale with them as wee doe with plants cherish and prune them in our spring, that wee freely may tast their [Page 38] fruit in the fall, I note them as cares worthy your intertainment, Let Esau speake neuer so friendly, he hopes yet a day of mourning will come let vs pre­uent it by our Charity, by Iustice, by Prayers. But he that is wicked to him­selfe, to whom can he be good: there­fore to this fourth property of support I adioined a fourth qualtitie in a Iudge to hate Couetousnesse, it is well obser­ued that the Mountaines where gold growes beare neither grasse nor graine, hearb nor tree, so where the loue of the World couetousnesse raignes, there is no hope no expectation of support, let gold be interposed betweene God and the conscience of the Iudge once, like the earth betweene the Sun and the Moone, we shall haue an Ecclipse: But wherefore should I speake so much of the vices of Iudges? Surely Right Ho­nourable to your exceeding great prais, Qui malos corrigit laudat bonos, he that inueighs against sin, extolles ver­tue. [Page 39] He that hath beene the least while a Iudge in this place, hauing left Iacobs stone in the highest Court of our king­dome, to witnesse the integrity of his conscience, that God I say hath appea­red vnto him, I speake it with great ioy, the chiefest in place of Iustice whom I haue beene so happy to know, haue af­forded matter of reuerence to me, mat­ter of admiration; reuerence towards their vertues, admiration in the good­nesse of God, who hath his Melchisedeck in Salem, his lot in Sodom. Be thank­full, oh be truely thankefull to God beloued brethren, that he hath not be­held our sins with the eye of seuerity, sinne being the cause that in all ages he hath set ouer rebellious people, cruell and wicked gouernors, Mich. 3. He hath not I say dealt with vs as he hath done with other Nations.

The memory of Elizabeth (as that of Iosias) is like the composition of the perfume that is made by the art of the [Page 40] Apothecary, it is sweete as hony in all mouthes, and as Musique at a banquet of wine, Eccle. 49.1. As for our So­lomon, whom the Lord grant long to sway the Scepter of these Kingdomes, euen one of his seede rightly seruing the Lord to the ends of the world, our posterity shall say of him, that he reig­ned in a peaceable time, and was glo­rious: for God made all quiet round about, that he might build a house in his name, and prepare the Sanctuary for euer: we may say truely of him, that he hath guided vs with a discreete hand, and appointed worthy gouernors ouer vs, such as with Moses haue put of their shooes, their desires of the World, be­fore they haue approched to the bush of the Lord, such whose memories we haue cause to blesse, and whose poste­rity shall inherit the Land.

FINIS.

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