<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-07-15</DATE>
<RESPSTMT>
<NAME>Alexis Jakobson</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>*Proofed title page(s).
*Reviewed structure.
*Checked division-marking material at heads and feet of divisions (HEADS, CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, BYLINE, etc.).
*Added TYPEs to DIVs in order to validate.
*Checked for N=""s.
*Checked ^s.
*Checked placement and completeness of PBs.
*Checked for foreign, damage and missing-page GAPs, #, --.
*Checked for LBs, startqs / endqs, q;s, &abque;s, ABBRs and Qs.
*Checked for FIGUREs and decorated initials.
*Checked proofsheets and made corrections found there.
*Corrected $$s and $word$s etc.
*Converted $$s to GAP DESC="illegible" RESP="[vendor name]".
*Revalidated.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A89237">
<STC T="W">M2478</STC>
<STC T="T">E1286_2</STC>
<BIBNO T="umi">99867866</BIBNO>
<VID>169714</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P><HI>The Jus Divinum</HI> OF GOVERNMENT; OR MAGISTRACY Proved to be God's Ordinance, <HI>AND</HI> Ju&s;tice the MAGISTSRATES Duty.</P>
<P>In a plain SERMON Preached before the Judges of A&s;&s;ize at <HI>Ea&s;t-Grin&s;tead</HI> in the County of <HI>Su&s;sex.</HI></P>
<P>By <HI>Zacheus Mountagu.</HI></P>
<Q><GAP DESC="foreign">.</Q>
<P><HI>LONDON,</HI> Printed by <HI>A. M.</HI> for <HI>Abel Roper</HI> at the Sign of the Sun over again&s;t S^t <HI>Dun&s;tans</HI>-Church in Fleet&s;treet, 1652.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>To the Right Reverend <HI>JOHN PULESTON AND PETER WARBURTON,</HI> Both Ju&s;tices of the Common-pleas.</HEAD>
<OPENER><SALUTE>MY LORDS,</SALUTE></OPENER>
<P>_YOur importunate and joint de&s;ires, which my civility taught me to look upon as Commands, are now &s;a|tisfied, and that ha&s;ty Piece which when you fir&s;t called for it, was &s;carce legible, now waits upon you in a fairer hand. I cannot promi&s;e you with fewer errours, for 'twas never &s;ince <HI>&s;ub &s;pongia,</HI> but I am &s;ure in better Characters; I wi&s;h it may but &s;o happily take your eye, as you were plea&s;ed to &s;ignifie it took your ear, and be recei|ved with the &s;ame candour and &s;weetne&s;&s;e
<PB REF="3">from the Pre&s;&s;e as it was from the Pulpit: I confe&s;&s;e I am not without &s;ome fear, that cro&s;&s;e to that of the Poet, the in&s;tructions in it will <HI>Segnius irritare animos,</HI> now they are, <HI>Occulis &s;ubjecta fidelibus,</HI> then when they were <HI>dimi&s;&s;a per Aures.</HI> But however this Di&s;cour&s;e, as others of this nature, mu&s;t take its fate; Your Ho|nours called for it, and it being a Gue&s;t of your own invitation, I hope you will not deny to bid it welcome; as for its dre&s;&s;e of language, I cannot but judge it plain and without affectation; but yet, I hope, well enough accommodated to my De&s;ign, which was not to tickle the Ear, but in|form the Judgement. I know Truth is then be&s;t apparrelled, when &s;he &s;hines in her own native Lu&s;tre, and &s;he fears &s;o much that of the wanton to be <HI>Ip&s;a pars minima &s;ui,</HI> that &s;he alwaies choo&s;eth ra|ther to affect the gravity and decent plain|ne&s;&s;e of a Matron. I con&s;idered farther how that <HI>Vocum aucupes,</HI> they are u&s;u|ally <HI>Rerum proditores,</HI> and as the judi|cious <HI>Rawleigh</HI> ob&s;erves, <HI>Nihil odio&s;ius &s;apientiae acumine nimio.</HI> Neither in|deed was my Topick &s;o jejune and barren, as that I &s;hould be forced onely to face it
<PB REF="3">with words for want of matter to line it thorow with. All that I dare promi&s;e or hope in behalf of this plain-dealing Coun|trey-Sermon, is, that you will finde it, if not acute and Rhetorical, yet clo&s;e and &s;ub&s;tantial, having in it the beauty of a <HI>word &s;poken in &s;ea&s;on,</HI> and being &s;o ex|actly fitted to the bu&s;ine&s;&s;e of an A&s;&s;ize, That if your Honours plea&s;e to take it as a Line and Rule in your hand when you are upon the Judgement-&s;eat, it will help to render your judicial Proceedings level and regular. It begs nothing of you but the Patronage of Ju&s;tice, and the pur|&s;uing of that as the main end of your Of|fice; and that you would &s;tand by your own <HI>Helena</HI> of the Law, and not &s;uffer her to have a Rape committed on her by any of the &s;ons of violence, in whom the Levelling humour is too predominant: &s;hould our Laws fail, we &s;hould then quickly return to the bed of Nature, where like Bea&s;ts the &s;toute&s;t took all, and the weak &s;hould hold by no other Ti|tle or Tenure, but that of Indulgence and Di&s;pen&s;ation from the &s;trong. I have no more at pre&s;ent, but only this good wi&s;h to leave with your Honours, that Justice
<PB REF="4">may meet with a better Oratour, and ju&s;t Government with a &s;touter Champion, and better Arms to &s;hield and defend its right, then is the un&s;erviceable Pen and Tongue of him, who profe&s;&s;eth him&s;elf</P>
<CLOSER><SIGNED>In all his Capacities your Honours ready and real Servant <HI>Mountagu.</HI></SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="sermon">
<PB N="1" REF="4">
<HEAD>THE <HI>J&V;S DIVIN&V;M</HI> OF GOVERNMENT.</HEAD>
<EPIGRAPH>
<BIBL><HI>DEUT. 16.18.</HI></BIBL>
<Q>Judges and Officers &s;halt thou make thee in all thy Gates, which the Lord thy God giveth thee throughout thy Tribes: and they &s;hall judge the People with ju&s;t Judgment.</Q>
</EPIGRAPH>
<P>_I Shall Preface all with a borrowed note or two from one now in eminen|cie. As the naturall body is di&s;tingui&s;hed into &s;upe|riour and inferiour, into Noble and ig|noble parts, &s;o is the politicall; as that body is a mon&s;ter which is all head, or who&s;e head is too big for the
<PB N="2" REF="5">body, &s;o is that which hath no head, or a head too little; where all govern there is no government, and where all are chief, there can be no Order: Ma|gi&s;trates are Rulers over the per&s;ons of the people, but they are &s;ervants to the good of the people; as it is the duty of all to &s;erve them, &s;o tis their office to to &s;erve all: 'tis no paradox to affirm, that Rulers are the greate&s;t Servants. I confe&s;&s;e God puts &s;o much of his own work into the hands of Magi&s;trates and Judges, that he therefore puts his own Name upon them, and he calls them Gods, they are god sindeed, but 'tis in a &s;maller letter neither mu&s;t they for|get that they &s;hall dye like men; de&s;er|vedly culpable was the Idolatrous Court&s;hip of the pagan world, who becau&s;e truth her &s;elf cals Rulers Gods, were content to aequivocate from the &s;i|militude to the e&s;&s;ence, and &s;o &s;hare among them not only the title but the adoration too, but &s;uch pagan elogies are the wor&s;t of flatteries, and 'tis better to be the Chri&s;tians man, then the Hea|vens deity. The Sons of <HI>I&s;h</HI> they mu&s;t not forget they are Sons of <HI>Adam,</HI> and,
<PB N="3" REF="5">though they are gods of their &s;ubjects they are &s;ubject to God; Rule indeed is Gods ordinance, but 'twas primitively de&s;igned for the worlds &s;afety, and not the Creatures vain glory. Rulers they are without a fiction, the true and reall Atlas of the world 'its weight and bur|then leans on them, and they are more for the peoples &s;ake, then the people for theirs: great things they are indeed, but God would not have great things to be great in vain; Great things are in de&s;ign and order to &s;erve and bene|fit the le&s;&s;e: The Sun the Prince of lights, and the Heart of Nature, &s;erves as well for the eyes of a fly as the eyes of a Monarch, and the Sea within its double depth of waters and wonders, &s;upports and feeds as well the &s;malle&s;t fi&s;h, as the great <HI>Leviathan</HI> it &s;elf who is made to &s;port and play therein. Now what Univer&s;all cau&s;es are in nature, that &s;hould Governours be in policie, they &s;hould impartially lay out them|&s;elves for the Common good of all who have their intere&s;t in or dependances up|on them. The Jewi&s;h <HI>Targum</HI> tels us, how that it was the ancient mode, and
<PB N="4" REF="6">&s;olemn wont of the <HI>Hebrewes,</HI> at the birth of their Princes Children, to plant Trees, which they reputed &s;acred, and dre&s;&s;ed them with a carefull diligence, that of them they might one day make thrones for tho&s;e little Monarchs, when they &s;hould be grown up to their inauguration. And what could be the morall of this practice, but to teach thei Rulers, that like fruitful and &s;prea|ding Trees, they ought to yield both &s;hade and &s;helter to the people, and feed them with their fruits, and &s;ecure them with their protections, and that leading quiet and peaceable lives in all godline&s;&s;e and hone&s;ty, they might be &s;afe under their Covert? This is indeed that wherein con&s;i&s;ts the preheminency of Magi&s;trates and Judges, above the lowe&s;t of the people, this is indeed that wherein e&s;pecially they have the advantage, and whereby they hold the title of gods, becau&s;e they have both capacity and opportunity to do more good then others, they have power to &s;uccour the di&s;tre&s;&s;ed, to relieve the the injured, and to help tho&s;e weak ones to their right, who have not pow|er
<PB N="5" REF="6">to right them&s;elves. Thus much the Heathens were convinced of, when one of their owne Poets be&s;peaks the Em|perour thus,
<Q><L>Hoc tecum Commune Deis,<NOTE PLACE="marg">Ovid. <HI>2.</HI> de ponto.</NOTE> quod utri|que rogati</L>
<L>Supplicibus ve&s;tris ferre &s;oletis opem.</L></Q></P>
<P>And 'tis the &s;aying of another of them,
<Q>Hoc reges habent magnificum &amp; ingens,<NOTE PLACE="marg">Senec: in Med.</NOTE> prode&s;&s;e mi&s;eris, &s;upplices fido lare prote|gere.</Q></P>
<P>Among&s;t the many ceremonies that in elder times were wont to be u&s;ed at the in&s;tallment or inauguration of Princes and Magi&s;trates, this was a chief, they were lifted up upon buck|lers in the day of their Con&s;ecration, and there is not the meane&s;t Herald, but if he were asked the rea&s;on, Why En&s;ignes of di&s;tinction were fir&s;t born upon &s;hields, but he would a&s;&s;igne this, becau&s;e they who did fir&s;t win them, and weare them, they interpo&s;ed their own bodies as a &s;hield to bear off tho&s;e fatall blowes that would otherwi&s;e have lighted upon the bodies of the People, and by this act of theirs pay|ed a valuable con&s;ideration for all their
<PB N="6" REF="7">titles and honours. Judges and Rulers they are called the &s;hields of the Earth, <HI>P&s;al.</HI> 47.9. Now what el&s;e is a &s;hield, but a kinde of partition-wall between a man and &s;omething that would hurt him? <HI>Valere ad nocendum,</HI> may well be the Tyrants motto, but <HI>ad tegendum &amp; protegendum,</HI> the &s;hields. Never was any En&s;igne of Magi&s;tracy better in&s;cribed, then was that of <HI>E|lius Adrianus</HI> the noble <HI>Trajanes</HI> &s;uc|ce&s;&s;our, who gave for his device that be&s;t of mottoes. <HI>Non mihi &s;ed populo,</HI> And the learned <HI>Navarrus</HI> and others tell us, that to be a Prince or Ruler 'tis to be the Peoples man. And &s;o much &s;eems imployed in the practice of <HI>Romulus,</HI> who when he fir&s;t founded the <HI>Roman</HI> Monarchie which was in|tegrated and compo&s;ed of divers peo|ple, which made a voluntarie tender and free &s;ubmi&s;&s;ion of them&s;elves to him, He expre&s;&s;ely enacted, that e|very one &s;hould pre&s;ent him with &s;ome of the earth, and fruits of his own Country, which when he had ama&s;&s;ed together, he interr'd it all in a great pit, which he called the (Word) In|tending
<PB N="7" REF="7">by this ceremonie to let us know, that dominion or Royaltie is no|thing el&s;e but a heap of Wills, of Pow|ers, and Riches, united in one onely Power. <HI>Romulus</HI> indeed he took of the flowers of the people, but it was to make honie for them. Good Magi&s;trates they gave more to the people, then they take from them, and the good of a good Go|vernour is &s;o great, that to this day the &s;ubtile&s;t and the wi&s;e&s;t of the School|men have not been able to determine it, whether man be more obliged to God for his being, which con&s;i&s;ts in his natur|all Con&s;titution, or for his well being, which con&s;i&s;ts in his politicall in&s;tituti|on. If you take Government out of the world, you take the Sun out of the Firmament, and leave it no more a <GAP DESC="foreign">, a beautiful &s;tructure, but a <GAP DESC="foreign">, a ruinous heap of confu&s;ion: <HI>Job</HI> &s;peaking of the territories of darkne&s;&s;e, and &s;hadowes of death, he &s;aies, 'Tis a Land, without order. And <HI>Ordo</HI> &s;aith <HI>Scaliger,</HI> 'tis <HI>Anima mundi. Simmetry</HI> and <HI>harmony,</HI> they are the two &s;uppor|ters of the univer&s;e. Unity is the ground of perfection and perpetuity, and what
<PB N="8" REF="8">el&s;e is order, but unity, brancht out in|to all the parts of Con&s;ociate bodies, to keep them intire and perfect. When Government failes in any Land, why then &s;uch a Land becomes disjoynted and convul&s;ed, and Common-Wealths become common mi&s;eries, and Cities be|come Forre&s;ts, and Forre&s;ts everla&s;ting terrours, and States di&s;tated, and all things are put into the hands of might and force, and are acted according to the impul&s;es of di&s;ordered affections, tumultuous pa&s;&s;ions and bruiti&s;h lu&s;ts, Religion, Rea&s;on, Law, Ju&s;tice be|ing all Exiled and out-lawed. Not without good rea&s;on therefore do the great Ma&s;ters of policie, pitch it down for a Maxime, that Tyranny is rather to be indured then Anarchie, and that 'tis better to live under a <HI>Nero,</HI> then under a <HI>Nerva,</HI> where nothing is law|full, rather then where all things are lawfull. For commonly, <HI>Omnia c&ugrave;m li|cent, non licet e&s;&s;e pium,</HI> an hour it were time much too &s;hort, to &s;peak of the numerous evils of anarchie or State <HI>ataxies</HI> (were they my proper theam,) I mu&s;t confe&s;&s;e, I never &s;aw them more
<PB N="9" REF="8">exactly lim'd, nor &s;et out more to the life, by any pen or pencill, then by that Curious one of <HI>Cau&s;inus</HI> (the <HI>Chry|&s;o&s;tom</HI> of <HI>France</HI>) who in his draught of <HI>Babylon,</HI> or the City of wicked po|licie, pourtrayes it thus; 'Tis built upon ruins in a land of quick&s;ilver, wholly cemented with bloud, having frequent Earth-quakes, and the impetuous bla&s;ts and gu&s;ts of furious tempe&s;ts, rending and tearing all in pieces, the very wa|ter infected and the malignity of the air killing all that breathed in it, and the inhabitants &s;uch men, as had little el&s;e of man in them, but only &s;hape and skin, having no other neighbour|hood but <HI>Wolves,</HI> and <HI>Foxes, Panthers,</HI> and <HI>Tygers, Ravens on their hou&s;es,</HI> Com|ets over their heads, <HI>Scorpious</HI> at their feet: and now &s;urely he that &s;hall but &s;eriou&s;ly view and contemplate this lively Picture of an anarchicall State, not only in the&s;e broken parts of it, I have now pre&s;ented you with, but in the intire piece and originall draught of it, he will have ju&s;t cau&s;e to cry out, O the ble&s;&s;ing of order! O, the im|men&s;e and un&s;peakable good of a ju&s;t
<PB N="10" REF="9">government. Where &s;uch a govern|ment once takes place, and becomes &s;et|led, why there the earth is paradi&s;ed, and the Heavens perpetually &s;miling, for the Sun is in <HI>Libra,</HI> and all things are tran&s;acted as the dayes and nights in the equinoctial, the waters are good, the &s;ea&s;ons temperate, the winds calm, the ground fertile, the abode delightful, and the contented inhabitants all la|bouring like Bees in a bright &s;ummers day; the temples many, and large, de|cent and glorious, the Altars loaden with pure oblations, and &s;moking with Clouds of acceptable incen&s;e, the Prie&s;ts Solemn, diligent, and devout, The Senatours aged and Sacred, &s;peak|ing like Oracles, and living like An|gels, and being &s;afe, <HI>&s;ine militis u&s;u,</HI> every thing keeping its order, propor|tion, weight, time, place, and mea&s;ure, and being in the &s;ame tune and harmo|ny, which the infant and the innocent world was ble&s;t with, when fir&s;t the great Architect &s;et all things right, and wrote over them the motto of (good;) nothing altered by here&s;ie either in Doctrine or manners, nothing of com|plaint,
<PB N="11" REF="9">murmure, quarrell, tumult, or war, but all's as hu&s;ht and peaceable as the <HI>Halcyons</HI> ne&s;t which &s;tills the tem|pe&s;ts and &s;liks and calmes the brow of Heaven, where all the Citizens enter|taine one another like fingers on the hand, every one taking part with the good of his fellow, being all great in the obedience they render to the law, being all rich in the contenment of their de&s;ires, and being all well plea&s;ed in the happine&s;&s;e one of another. In &s;umme, for I have no more room for particulars, what&s;oever the Luxuriant and free fancies of Poets, or the choice and delicate pens of antiquity, have ei|ther conceited or written, of the <HI>Ely|&s;ian</HI> fields, of the fortunate I&s;lands, of the felicities of a golden age, of the vertues and ornaments of an <HI>Agathopo|lis,</HI> (which was dre&s;t as rich as the <HI>Ideaes</HI> of the divine <HI>Plato</HI> could make it) why all the&s;e do but help to piece out that traine of ble&s;&s;ings that follow a good government. When any Land becomes ble&s;t with &s;uch Magi&s;trates and Judges, as are indeed the faithfull deputies of their Maker, and who&s;e
<PB N="12" REF="10">brea&s;ts are the Oceans or &s;ewers, into which all the cares of private men em|pty them&s;elves, and who&s;e vigilant eyes are the con&s;tant centinels of the peoples &s;afety, and who&s;e &s;teady hands have learned to hold the &s;eales of ju&s;t|ice try and even, and to weigh right and wrong by their proper weights, and who&s;e ju&s;t breath is the peoples be&s;t and whol&s;ome&s;t aire, as being that that gives life and &s;oul to all their proprie|ties rights and priviledges. In a word, when people have &s;uch Judges, that neither turn Judgment into worm|wood, nor into vinegar, that neither imbitter it by inju&s;tice, nor &s;owr it by delay, that &s;uppre&s;&s;e as well fraud as force, that only hear cau&s;es &s;peake, and not per&s;ons, that are <HI>Melchi&s;edeck</HI>-like, without father or mother, that hate to pay private wrongs with the advantage of their office, that have &s;o well got the rule over them&s;elves, that their pa&s;sions do not unfit them to rule over others, that look &s;traight forward in a right line upon equity, without glancing a&s;ide upon revenge, di&s;plea|&s;ure, or recompence; that keep not only
<PB N="13" REF="10">their hearts clean, but their hands too; &amp; take heed of <HI>bos in lingua,</HI> that in that cau&s;e be&s;tow diligence in &s;ifting, where the right is difficult in finding, that love to have truth come naked to the bar without fal&s;e bodies and di&s;gui&s;es, that neither make briars nor &s;pringes of the laws to catch every thing they lay hold of, that neither crook nor bow the laws, by hard con&s;tructions and &s;train|ed inferences, but &s;traiten them by ju&s;t expo&s;itions, and if they &s;eem to be antiquated, or ob&s;olete, wipe off their du&s;t by a judicious clearing, that ne|ver browbeat a Witne&s;&s;e or look an Evidence damp, but with a gentle mid|wifery helpout the &s;tammering tongue, that his proof may not mi&s;carry; that in their callings approve them&s;elves to be the dreadfull in&s;truments of Di|vine revenge, and the mini&s;ters of God for good to the people, and to be <HI>legum vindices,</HI> the guard of laws, and as was &s;aid of <HI>Ca&s;&s;ius, reorum &s;copulos,</HI> the Rocks, or as one cals them, the comets of the guilty, the refuge of innocency, the payma&s;ters of good de&s;erts, the Cham|pions of right, the patrons of peace, the
<PB N="14" REF="11">&s;upporters of the Church, and the true <HI>Patres Patriae,</HI> or Fathers of their Country, being more learned then witty, more reverend then plau&s;ible, and more advi&s;ed then confident, hear|ing all things debated with patience, and then proceeding to &s;entence in up|rightne&s;&s;e, and pronouncing nothing but ju&s;t judgement. I &s;ay where Judg|es are &s;uch, happy, yea thrice happy are &s;uch a people, and ble&s;&s;ed is the Land that is in &s;uch a ca&s;e; for then &s;uch a Land becomes like the <HI>I&s;rael</HI> of God, when her Officers are peace, and her Exactors righteou&s;ne&s;&s;e; &s;uch Magi&s;trates God commands to be cho&s;e, to be Commi&s;&s;ion'd, and to be impow|red even over his own people: for &s;o you &s;ee runs the Writ of election in my Text. <HI>Judges and Officers &s;halt thou make thee in all thy gates, which the Lord thy God giveth thee throughout thy Tribes: and they &s;hall judge the people with ju&s;t judgement.</HI></P>
<P>In this great Patent and Divine Char|ter of Magi&s;tracy; or in this <HI>Theocratia</HI> or Government of Gods own &s;etting up; There is con&s;iderable,
<PB N="15" REF="11">Fir&s;t, The Honour. Secondly, The Office. Fir&s;t, The Dignity. Secondly, The Duty.</P>
<P>Or if the&s;e be too generall, take it in more particulars.</P>
<P>Fir&s;t, Here is Gods <HI>mandamus</HI> from heaven for Government; here is the charge of the Almighty for the erecting of a Magi&s;tracy; and this is contained in the word <HI>(con&s;tituito)</HI> Thou &s;halt (make) or Make thou.</P>
<P>Secondly, As here is the charge, &s;o here is the &s;tile or the titles, <HI>Judices &amp; Moderatores con&s;tituito] Judges and Of|ficers &s;halt thou make.</HI></P>
<P>Thirdly, Here are the per&s;ons inve|&s;ted with the right and power of elect|ing and con&s;tituting Officers, and they are the Collective body of the people, or the Community in whole; and the&s;e are included in the Pronown <HI>[tibi] Ju|dices &amp; Moderatores con&s;tituito tibi] Judges and Officers thou &s;halt make thee.</HI></P>
<P>Fourthly, Here is the Circuit of the&s;e Judges, or the Territories of the&s;e Ma|gi&s;trates; <HI>In &s;ingulis portis tuis, quas Jehovah Deus tuus, dat tibi, per tribus tuas] Judges and Officers &s;halt thou make thee in all thy gates, which the Lord thy
<PB N="16" REF="12">God giveth thee throughout thy tribes.</HI> By Gates] we are to under&s;tand all the Judicatories in <HI>I&s;rael,</HI> for Gates they were <HI>(Domus Judicii)</HI> the &s;eats of Judgement: They were of old placed in the Gates, at the entrance of Cities, for many rea&s;ons, as <HI>Tarnovius</HI> notes at large, upon <HI>Amos</HI> 5.10. but principally for this, To let us know, that Ju&s;tice &s;itting at the Gate, is a bet|ter &s;afeguard for a City, then a <HI>Corps|du-gard,</HI> then either Bullwarks, Per|culli&s;es, draw-Bridges, or what&s;oever el&s;e that hath mo&s;t defence in it.</P>
<P>Fifthly and la&s;tly, Here is the duty of the&s;e Judges, in the concluding words of the text, <HI>Qui judicent populum ju|dicio ju&s;to] Judges and Officers &s;halt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy tribes: and they &s;hall judge the people with just judgement.</HI></P>
<P>And thus I have pre&s;ented you with the Logick of the Text, and &s;hewed you how the parts lye in it. I &s;hall endeavour to &s;lide apace through them all, as intending only, <HI>ut Canis ad Ni|lum,</HI> to glance upon the former, but
<PB N="17" REF="12">to &s;top, yea and to &s;tay upon the la|ter.</P>
<P>Fir&s;t then, I will begin with the <HI>(con&s;tituito)</HI> of the Text, <HI>Thou &s;halt make.]</HI> 'Tis Gods <HI>mandamus</HI> to his own <HI>I&s;rael. Inde pote&s;tas, unde &amp; &s;pi|ritus,</HI><NOTE PLACE="marg">Tertul. Apol.</NOTE> &s;o &s;aies <HI>Tertullian.</HI> And an an|cienter then he, <HI>Cuius ju&s;&s;u homines, ejus ju&s;&s;u Reges,</HI> &s;o <HI>Irenaeus.</HI><NOTE PLACE="marg">Iren. lib. <HI>5.</HI> cap. <HI>24.</HI></NOTE> And an ancienter then either of them, <HI>The pow|ers that are are ordained of God,</HI> &s;o Saint <HI>Paul,</HI> Rom. 13.1. Anarchy is the peo|ples phren&s;ie, but Magi&s;tracie the Or|dinance of the Almighty. I deny not but the primitive &s;tate of the fir&s;t cre|ated man, under God, was free and ab&s;olute; 'twas his Prerogative and priviledge, that he was born to Com|mand and not to obey. But alas! How &s;hort lived was this primitive &s;tate? <HI>Plus quam veri-&s;imile e&s;t,</HI> &amp;c. &s;aies the Learned <HI>&V;&s;her,</HI> 'Tis more then proba|ble,<NOTE PLACE="marg">Annal. p. <HI>2.</HI></NOTE> that the fir&s;t day that <HI>Adam</HI> po&s;|&s;e&s;t his Paradi&s;e, he was forc't to quit it; And &s;uch was the guilt and mi&s;ery of his fir&s;t &s;in, that it not only broke the peace between God and man, but al&s;o between man and bea&s;t, and be|tween
<PB N="18" REF="13">man and man, and filled the crea|tion with an univer&s;al attaxie and di&s;or|der; &amp; &s;o Government became ab&s;olute|ly nece&s;&s;ary for the &s;etting of us to rights again: So that what is &s;aid of the ori|ginal of Laws, holds true of powers, <HI>Ex malis moribus, bonae leges na&s;cuntur,</HI> &s;o <HI>Ex naturae vitiis bonae potestates,</HI> As good Laws have their original from bad manners, &s;o good Government from corrupted natures; and therefore he that &s;hall but trace Government to the &s;pring-head, and fir&s;t ri&s;e of it, he &s;hall finde it to be extracted from God, and to be as old as the fir&s;t man; It hath not alwaies, I confe&s;&s;e, worn one and the &s;ame face, and kept one and the &s;ame form, but as the world hath altered, &s;o hath the Government; at fir&s;t the world was confined within one Family, and then it began to widen by little and lit|tle, and when the world was thus but <HI>in fa&s;ciis,</HI> the Government of it was Patriarchal, and the Governours of it were called Patriarchs or Father-Prin|ces, their compounded name &s;peaking their mixt Authority, and this kinde of Government continued after the death
<PB N="19" REF="13">of <HI>Methu&s;elah,</HI> for we reade of him, that <GAP DESC="foreign">,<NOTE PLACE="marg"><HI>Jo&s;eph.</HI> Antiq. l. <HI>1.</HI> cap. <HI>2.</HI></NOTE> that he pa&s;&s;ed over his Principality to <HI>Lamech</HI> his &s;onne. But now when this fir&s;t me|thod of Government became di&s;com|po&s;ed and di&s;turbed through the nume|ro&s;ity of mankinde, and by their farre di&s;per&s;ed habitation, why then other forms of Government &s;ucceeded, for men falling among them&s;elves to doe wrong and violence, they &s;aw it nece&s;|&s;ary to &s;et up &s;ome Authority, that might re&s;train by force and puni&s;hment, what was committed again&s;t peace and common right, and this Authority and Power of &s;elf-defence and pre&s;ervation, before devolved, being originally and naturally in every one of them, and uni|tedly in them all, they for ea&s;e, and for order, and that each man might not be his own partial Judge, agreed to tran&s;|ferre and delegate it, either to one whom for eminence of wi&s;dom and in|tegrity, they preferred above the re&s;t, or el&s;e to more then one, whom they judged of equal merit; the fir&s;t of the&s;e was called a King, the other Magi&s;trates. Sometimes we read God did by his own
<PB N="20" REF="14">immediate de&s;ignation, appoint the per&s;on, make and declare the choice, and inve&s;t him with a right of Sove|raignty over his people, as <HI>Mo&s;es, Da|vid</HI> and others; but ordinarily God cals mediately, by committing it to the people to elect; both the form of Go|vernment, and the Per&s;ons that are to &s;way it over them; and of this nature is the <HI>(Con&s;tituito)</HI> in the Text. And thus from the charge I &s;hould have came in the next place, to the &s;tile or title <HI>[Judices &amp; Moderatores]</HI> and then to the Circuit or Territories; but the&s;e I &s;hall skip over, as le&s;&s;e material, and come to the main of the Text, <HI>viz.</HI> The great and important Duty of all Judges and publick Tru&s;tees of State, and that is, to execute judgement. <HI>Non tant&ugrave;m pote&s;tas Judici conce&s;&s;a, &s;ed fides,</HI> &s;aith <HI>Cicero pro Cluentio.</HI> Judges they have not only power, but a tru&s;t repo|&s;ed in them, not only Dignity but Du|ty; and it is &s;afer for mortals to hear of their duty then of their dignity. Give me leave therefore (my Lords) to di&s;|cour&s;e freely and plainly to you, con|cerning the great ma&s;ter-duty, concer|ning
<PB N="21" REF="14">the <HI>Primum</HI> and the <HI>&V;ltimum,</HI> the <HI>Alpha</HI> and <HI>Omega</HI> of your calling, <HI>viz.</HI> The execution of ju&s;t judgement. If the world be a Harp (as &s;aith the elo|quent <HI>Sine&s;ius</HI>) then Ju&s;tice windeth up the &s;prings, &s;tirreth the fingers, toucheth the in&s;trument, giveth life to the airs, and maketh all the excellent harmonies. If the world be a ring, Ju|&s;tice is the diamond, if it be an eye, Ju|&s;tice is the &s;oul, if it be a Temple, Ju|&s;tice is the Altar. In a word, that which the air is in the elementary world, the Sun in the cele&s;tial, and the &s;oul in the intellectual, that is Ju&s;tice in the civil. It is the air that all the afflicted de&s;ire to breathe, the Sun that di&s;pels all clouds, the great principle that in a civil &s;en&s;e gi|veth life to all; all yields to this virtue, it is incha&s;ed in all laudable actions, and all laudable actions are incorporated in it, according to that of <HI>Ari&s;totle,</HI> <GAP DESC="foreign">,<NOTE PLACE="marg">Ari&s;t. <HI>Eth. lib.</HI> 5.</NOTE> tis inclu&s;ive of all other virtues, and they all run out from it as lines from their centre, and they all run into it, as rivers into the ocean. To be ju&s;t is to be all that which an hone&s;t man may be, for Ju&s;tice is <HI>Suum cui&abque;
<PB N="22" REF="15">tribuere,</HI> to give every man his due, and in a large &s;en&s;e tis every mans duty, as well as the Magi&s;trates, but tis not to be con&s;idered in the Text in &s;uch a latitude, but as tis properly the act of Judges and Officers. Ju&s;tice and judgement, in the Scripture &s;tile and phra&s;e, they are oft|en <HI>Synonima's,</HI> and are put for one and the &s;ame thing, but &s;ometimes they are di&s;tinct. I have read of a tripple acce|ption of (Judgement) <HI>intra Gramma|ticos,</HI> as al&s;o <HI>intra Theologos.</HI></P>
<P>Fir&s;t, Among&s;t Humani&s;ts and Philo|logers, Judgement is taken for the la&s;t act of the under&s;tanding, and a conclu|&s;ive re&s;olution, and thus it relates to contemplation.</P>
<P>Secondly, Tis &s;ometimes <HI>Synonimous</HI> to di&s;cretion, and then it relates to pra|ctice, when we con&s;ider not &s;o much the very bare act or thing that we are about, as the whole frame or machine of the bu&s;ine&s;&s;e, as it &s;tands complexio|ned and circum&s;tanced with time, place and beholders.</P>
<P>Thirdly, (Judgement) it not onely relates to pre&s;ent practice, but it en|lightens and governs po&s;terity, and &s;o
<PB N="23" REF="15">it comprehends under it decrees and &s;entences, and judgements in Courts; and thus you &s;ee the word in the Cri|ticks &s;en&s;e. Now <HI>intra Theologos,</HI> Judg|ment pai&s;&s;es fir&s;t for &s;evere and meer Ju&s;tice, for that which we call <HI>Summum Jus,</HI> which on Gods part is alwaies ju&s;t, though to us it be a depth and un&s;ear|chable.</P>
<P>Secondly, Tis u&s;ed to &s;ignifie not onely meer ju&s;tice, but as tis attemper|ed and &s;weetned with mercy;<NOTE PLACE="marg"><HI>Reuch.</HI> de Art. Cabal. lib. <HI>1.</HI></NOTE> The Ca|bali&s;ts (as one which under&s;tood them well ob&s;erves) have concluded that the word <HI>(Judgement)</HI> applied to God, hath every where a mixt and partici|pant nature, implies both judgement and mercy.</P>
<P>Thirdly, The word <HI>[Judgement]</HI> it is u&s;ed to &s;ignifie not onely the judicial part of the Law, as the <HI>Talmudi&s;ts</HI> would &s;traiten it, but the whole Law of God. Judgement it &s;ometimes im|plies that right which every man &s;tands obliged at all times to practi&s;e, and &s;ometimes its put for the law or rule it &s;elf according to which every man is to doe right. (Judgement) is &s;ometimes
<PB N="24" REF="16">oppo&s;ed to anger and &s;everity, and then it &s;ignifies mercy and moderation, and tis &s;ometimes oppo&s;ed to folly and in|di&s;cretion, and then it implies an abili|ty to judg, and tis &s;ometimes oppo&s;ed to inju&s;tice and wrong which is the vulgar and common import of it, and &s;o tis-to be under&s;tood here in the Text; I have read <HI>Dru&s;ius</HI> and &s;ome others differen|cing and di&s;tingui&s;hing Judgement and Ju&s;tice, thus; Fir&s;t (Judgement) they &s;ay, it &s;ignifies the due order in trying and finding out the &s;tate of a Cau&s;e, and (Ju&s;tice) the pa&s;&s;ing of Sentence or Verdict upon the trial; Secondly, Judgement they &s;ay is a clear knowledge of what ought to be done, and Ju&s;tice is the doing of that which we know: Ju&s;tice is an evenne&s;&s;e and uprightne&s;&s;e of con&s;cience, in pa&s;|&s;ing every thing according to received light and evidence; Thirdly, Judge|ment, &s;ay &s;ome, re&s;pects capital cau&s;es which are for life, but Ju&s;tice re&s;pects civil cau&s;es which are for e&s;tate and liberty; Fourthly and la&s;tly, [Judge|ment] &s;ayes <HI>Dru&s;ius, Poenam re&s;picit,</HI> tis in condemning tho&s;e that are guilty,
<PB N="25" REF="16">but Ju&s;tice that re&s;pects <HI>Compen&s;ationem benefactorum,</HI> tis in acquitting the inno|cent, and in recompen&s;ing them that do well. It is a Rule, That when Judge|ment and Ju&s;tice are put together in Scripture, the latter is but an epithete to the former, and &s;o tis in the Text, <HI>[They &s;hall judge the people with ju&s;t judgement]</HI> that is, they &s;hall do judge|ment ju&s;tly, exactly, and to a hair.</P>
<P>So then (my Lords) you &s;ee your duty, ju&s;t you mu&s;t be, and that upon this account.</P>
<P>Fir&s;t,<MILESTONE N="1" UNIT="Arg."> Becau&s;e God not onely expects it and commands it, but accepts of it. <HI>Pinguior mactari Deo victima non potest quam homo &s;celeratus</HI> (&s;aies one) We cannot pre&s;ent God with a more plea|&s;ing oblation then is that of the cutting off of a criminal per&s;on; Judgements ju&s;t execution tis attended on with Gods approbation; See this in the ca&s;e of <HI>Phineas,</HI> P&s;al. 106.30, 31. yea with Gods remuneration, <HI>Levi</HI> had the <HI>&V;rim</HI> and <HI>Thummim,</HI> the Covenant of God, and the honour of an infallible Prie&s;t|hood, becau&s;e he knew no relation, no intere&s;t, no engagement, when he ap|peared
<PB N="26" REF="17">on Gods &s;ide, and fulfilled his command, <HI>Exod.</HI> 22.27.</P>
<P>Secondly,<MILESTONE N="2" UNIT="Arg."> Ju&s;t you mu&s;t be (my Lords) your office binds you to it, the judiciary power is talented in your hands, you are entru&s;ted with the Laws, they are the Charter and &s;odder of all Society, the Sanctuary, the flaming Sword of right, to be brandi&s;hed again&s;t all violence and wrong, the Land-marks that bound out to every man his Propriety, the Bulwarks and Defences of a peoples Peace and Safety, the right and &s;trait rules by application whereunto all inju&s;tice is di&s;cerned and judged of; now this high and &s;acred tru&s;t is depo&s;ited with you, though the &s;anction or fir&s;t enacting of Law be the act of an higher power, yet the re&s;olu|tion and declaration of what is Law, re&s;ides in you, you have a right <HI>Jus</HI> or <HI>Legem dicere,</HI> though not <HI>Legem dare;</HI> Now without this Law is but a ruffled skain of &s;ilk, where no end is to be found, a <HI>Meander</HI> and <HI>Labyrinth</HI> with|out a clew, where men may &s;ooner lo&s;e them&s;elves then finde any place to &s;it down and re&s;t in; Nay farther, the exe|cution
<PB N="27" REF="17">of Law is yours, now this every man knows is the life of Law, without this Law is at lea&s;t but Ju&s;tices bare Scales without her Sword, a Pi&s;tol that is charged only with powder that can at mo&s;t but threaten and make an em|pty noi&s;e. Oh then let the Laws have life by your ju&s;t execution of them; con&s;ider I be&s;eech you, that the Laws are the Nations joints, whereby each part is tied to other, which once cut a&s;under, mu&s;t needs di&s;continue and unjoint the whole frame, to its mo&s;t certain and unavoidable ruine. You are (my Lords) the &s;ubordinate <HI>Cu&s;to|des Libertatis Angliae,</HI> and &s;hould you be unju&s;t you would then <HI>Briareus</HI>-like doe evil with an hundred hands, and give us ju&s;t cau&s;e to cry out with the Poet,
<Q>Hei mihi cu&s;todes qui&s;nam cu&s;todiet ip&s;os?</Q></P>
<P>Thirdly, You mu&s;t be ju&s;t,<MILESTONE N="3" UNIT="Arg."> the Land requires it, without this it can never be exalted, tis not all the depths of carnal policy, tis not <HI>Jeroboams</HI> Calves in <HI>Dan</HI> and <HI>Bethel,</HI> tis not <HI>Jehu's</HI> pompous zeal that would fain be lookt upon, tis not
<PB N="28" REF="18">all the mountains of <HI>Samaria,</HI> nor mines of <HI>India,</HI> tis neither Magazines, nor Ar&s;enals, nor gold piled up to hea|ven, nor &s;ilver as plenty as du&s;t and &s;tones, nor numerous Armies, nor for|midable Fleets, nor impregnable Forts, tis none of all the&s;e that can exalt a Na|tion, tis only Ju&s;tice that can do that, <HI>Prov.</HI> 14.34. ju&s;t Judges they are the be&s;t Saviours, and the be&s;t builders in any Land, for they and only they make a Land a habitation of righteou&s;ne&s;&s;e: on the other hand inju&s;tice and publick impunities they procure publick and popular judgements, the not doing Ju|&s;tice upon criminals, when publickly complained of and demanded, e&s;pecial|ly when the per&s;ons intere&s;&s;ed call for Ju&s;tice, and the execution of good Laws, and the Magi&s;trates arm is at li|berty, and in full &s;trength, this engages a Land deep in ruine; See this in the ca&s;e of the <HI>Benjamites,</HI> they refu&s;ed to do ju&s;tice upon the men that had for|ced and killed the Levites Concubine, and they lo&s;t twenty five thou&s;and in battel, their Cities were de&s;troyed, and the whole Tribe almo&s;t extingui&s;hed,
<PB N="29" REF="18">and therefore tis ob&s;ervable in Scri|pture, how that the puni&s;hing of great and publick acts of inju&s;tice, tis called, <HI>A putting away of evil from a Land.</HI> Not to puni&s;h an evil is a voluntary retenti|on of it, and makes that &s;inne by for|bearing become National, which was in the acting but per&s;onal; And where impunities are, tis no thank to the pub|lick if the be&s;t men be not as bad as the wor&s;t.</P>
<P>Fourthly,<MILESTONE N="4" UNIT="Arg."> Ju&s;t you mu&s;t be in re&s;pect of the innocent, tis a debt you owe to them, <HI>Qui malis parcit piis nocet,</HI> to &s;pare the bad, tis cruelty and hard|heartedne&s;&s;e to the good, to let the Wolves and Bears alone, tis to wrong the Sheep and Lambs; If you will pity <HI>Cataline</HI> (&s;ayes one) pity <HI>Rome</HI> much more, let the whole have a &s;hare in your pity, rather then a part, <HI>Pereat unus, magis quam unitas,</HI> Better have one injurious per&s;on &s;it mourning, then a whole Nation langui&s;hing.</P>
<P>Fifthly and la&s;tly, You mu&s;t be ju&s;t,<MILESTONE N="5" UNIT="Arg."> becau&s;e the malefactors them&s;elves call for it; the end of Law and Magi&s;tracy is to be <HI>a terrour both to evil works, and
<PB N="30" REF="19">to evil workers;</HI> Impunity oft times proves the malefactours encourage|ment, and by accident hardens him, whereas the acts of Ju&s;tice being Gods appointments, though they be <HI>pathe|mata</HI> corrections, yet they &s;ometimes prove <HI>mathemata</HI> in&s;tructions, and be|ing ble&s;&s;ed and &s;anctified by God, be|come whole&s;ome, &s;piritual di&s;cipline, and tend to the awakening of the &s;ecure con&s;cience, and to the bringing of it, both to a &s;ight and &s;en&s;e of its crime and guilt; God &s;uffers penalties to fall &s;ometimes upon the bodies of offenders, in mercy to their &s;ouls; but however if Ju&s;tice &s;hould not work to the &s;aving of their &s;ouls, yet it will be &s;ure to work to the re&s;training of their &s;inne, making the mea&s;ure of it the le&s;&s;e, which is in|deed a mercy. Grave is the &s;peech of <HI>Seneca, &V;t nemo pereat, ni&s;i quem perire etiam pereuntis inter&s;it,</HI> That none pe|ri&s;h, but tho&s;e to whom tis an advan|tage to peri&s;h. And thus much by way of Argument, Why you mu&s;t be ju&s;t. I come next of all to di&s;cour&s;e of the Modification, How you mu&s;t be ju&s;t.</P>
<P><PB N="31" REF="19">Fir&s;t, My Lords, You mu&s;t be reli|giou&s;ly ju&s;t, it is indeed the fir&s;t requi|red qualification, in all Judges and Ma|gi&s;trates, <HI>That they &s;hould be men fearing God,</HI> there is &s;o near an affinity between Ju&s;tice and Religion, that as Prie&s;ts are called <HI>Judices Sacrorum,</HI> &s;o <HI>&V;lpian</HI> &s;tiles Judges <HI>Sacerdotes Ju&s;titiae;</HI> Judges mu&s;t not be like Cardinal <HI>Caraffa,</HI> of whom it was &s;aid, That he was <HI>Securus de nu|mine,</HI> out of all fear of Gods venge|ance: without Religion Judges will be but prophane, and where the fear of God is not, there the fear of man will be in too great a mea&s;ure; <HI>Alvarez</HI> re|ports it to be a cu&s;tom of the <HI>Aethiopi|ans,</HI> to place twelve empty Chairs about the Judges &s;eat, and this not out of &s;tate, but out of Religion, &s;uppo&s;ing that their gods &s;it there with their Judges; And the <HI>Rabbins</HI> have a &s;aying, That the Angels attend in all Judicatories, how concerns it all Judges then to be religiou&s;ly ju&s;t, having &s;uch attendants, and &s;uch a&s;&s;e&s;&s;ors!</P>
<P>Secondly, You mu&s;t be zealou&s;ly ju&s;t, for you judge not for man but for God; Now he that <HI>doth the work of the
<PB N="32" REF="20">Lord negligently,</HI> a cur&s;e waits on him; the righteous they are compared to Palm-trees, now they love hot regions, and a warm &s;oil, and &s;o doth Ju&s;tice zealous hearts, tis S^t <HI>Bernards</HI> Note, <HI>Adami voluntas non habuit fortitudinem, quia non habuit fervorem,</HI> You mu&s;t exe|cute Ju&s;tice <HI>magnanimiter,</HI> there mu&s;t be an ardent zeal for the maintenance of Laws, and there mu&s;t be an actuall application of all your endeavours, and of all the forces of your minde and cou|rage, to authorize Ju&s;tice, to &s;trength|en your arms again&s;t the torrents of in|iquity, and to put all your particular intere&s;ts under the di&s;charge of your imploiments: where there is like to be great oppo&s;ition, there had need to be a great &s;pirit, and great re&s;olution, <HI>Odia qui nimium timet, regnare ne&s;cit.</HI> To re&s;i&s;t friends, and to over look enemies will be no ea&s;ie work, to be ju&s;t under all the cro&s;&s;e cen&s;ures of the world, where &s;ome will cry out, that you are too mercifull, and others that you are too &s;evere, &s;ome that you do nothing, and &s;ome that you do too much; now &s;urely it mu&s;t be a zeal for Ju&s;tice that
<PB N="33" REF="20">mu&s;t make you &s;truggle thorow all dif|ficulties. <HI>Mo&s;es</HI> he grindes to powder the golden Calf,<NOTE PLACE="marg">Exod. 32.20. Num. 25.13.</NOTE> and it was his zeal con|&s;trained him. <HI>Phineas</HI> he runs <HI>Zimri</HI> and <HI>Cosbi</HI> thorow with his Javelin, and twas his zeal that fired him;<NOTE PLACE="marg">Joh. 2.17.</NOTE> And Chri&s;t he whips the buiers &amp; &s;ellers out of the Temple; and twas the zeal of his fathers hou&s;e that eat him up; but here you mu&s;t be &s;ure that this holy fervour be of the right &s;tamp, it mu&s;t be pure &amp; elementary not ba&s;e and culinary, not feeding upon carnal re&s;pects, it mu&s;t be zeal for ju&s;tice as an act of ju&s;tice, yea and it mu&s;t be out of love too, or el&s;e while&s;t it is Ju&s;tice in the Law, it may be murther in the Judg.</P>
<P>Thirdly, You mu&s;t be impartially ju&s;t, like God in this, he accepts no mans per&s;on, he accepts not the rich becau&s;e he is rich, nor the poor becau&s;e of his poverty, <GAP DESC="foreign"> is the bane of Ju&s;tice, <HI>Perit omne judicium ubi res tran&s;it in affectum.</HI> Judges they are as the noble <HI>Spartan</HI> &s;aid of him&s;elf, <HI>Patriae &amp; le|gibus dati,</HI> they have be&s;towed them&s;elvs upon their Country, and upon the Law, and therfore mu&s;t know neither parents nor kindred in the cau&s;e of Ju&s;tice. The
<PB N="34" REF="21">Statues of the <HI>Thebane</HI> Judges they were, they were without hands and without eyes, that is, without corrup|tion &amp; without partiality; The <HI>Athenians</HI> they were wont to judge in the dark, that &s;o they might know no mans face; Judges they mu&s;t be &s;wayed neither with fooli&s;h pity on the one hand, nor with re&s;pect to might, power, friend|&s;hip, or greatne&s;&s;e on the other; u&s;u|ally the&s;e are the two prejudices again&s;t the execution of ju&s;tice, either car|nall pity, &s;ayes he, is a poor man, or el&s;e carnall fear, &s;ayes he, is a great man, and &s;o outward accidents come in the Scale rather then the merits of the Cau&s;e, when judgment is mi&s;ted or blinded, by any externall glory and appearance, &s;o that Judges cannot di&s;cerne truth or right, when they &s;uffer any cau&s;e to be overballanc'd by &s;uch forraigne circum&s;tances as have no affinity with it: this is a vicious partiality in them: all corruption is not in bribes: the Judges who ab&s;olved the beautifull &s;trumpet <HI>Phryne,</HI> they had their hands cleane but their eyes foule: it was a gallant return which
<PB N="35" REF="21">the noble <HI>Rutilius</HI> made his friend, re|que&s;ting of him an unlawfull favour in &s;uch language as this, <HI>Quid tua mihi opus e&s;t amicitia, &s;i non impetro quod rogo?</HI> I had as good be without &s;uch a friend as with him, who will not let me &s;peed in what I ask: to whom he replied, <HI>Im&ograve;, quid mihi tua, &s;i tua cau&s;a aliquid inhon&egrave;&s;te facturus &s;um?</HI> I can want &s;uch a friend as you, if for your &s;ake I mu&s;t do that which is not hone&s;t. Memorable is the act of ju&s;tice,<NOTE PLACE="marg">Helmodi. Chrone</NOTE> performed by <HI>Canutus</HI> King of <HI>Den|marke,</HI> who after he had examined the proce&s;&s;e of twelve Theeves, and con|demned them, he found one, who &s;aid he was extracted of Royal bloud: it is rea&s;on (&s;aith the King) &s;ome favour &s;hould be done to this man, therefore give him the highe&s;t Gibbet. We read in the twelfth Novell of <HI>Ju&s;tinian,</HI> of an oath impo&s;ed upon Magi&s;trates a|gain&s;t inclining or addicting to either partie, yea they put them&s;elves under a deep and bitter execration and cur&s;e in ca&s;e of partiality, imploring God in &s;uch language as this, Let me have my part with <HI>Judas,</HI> and let the lepro&s;ie of
<PB N="36" REF="22"><HI>Gehezi</HI> cleave to me, and the trembling of <HI>Cain</HI> come upon me, and what&s;o|ever el&s;e may a&s;toni&s;h, and di&s;may a man.</P>
<P>Fourthly, you mu&s;t be &s;incerely ju&s;t, <GAP DESC="foreign">, incorruptne&s;&s;e and integri|ty, 'tis the proper portion of Judges, Judges &s;hould be known by giving, not by receiving; 'twas <HI>Claudians elogium</HI> of <HI>Honorius, Non hic privatis cre&s;cunt aera|ria damnis,</HI> foul hands will breed trou|bled con&s;ciences, you mu&s;t take heed of being takers, he that opens his hand to catch after a reward, cannot choo&s;e but let fall his rule out of it; Men have a touch&s;tone (&s;ays one) to try gold, but gold is a touch&s;tone to try men. I have read of one <HI>Ichis</HI> a <HI>Polonian</HI> Judge, that having long &s;tood up for a poor plaintiff again&s;t a rich defendant, he at la&s;t re|ceived from the defendant a great &s;um of mony &s;tamped with the u&s;ual &s;tamp of that Country, which is a man in com|pleat armour, and at the next Se&s;&s;ions he in open Court adjudged the cau&s;e in favour of the defendant, and being &s;harply blamed by his friends, he &s;hew|ed them his large fee, and demanded of them, <HI>Quis po&s;&s;et tot armatis re&s;i|&s;tere?</HI>
<PB N="37" REF="22">Who could &s;tand out again&s;t &s;o many in compleat armour? witty was the reply was that returned <HI>Demo&s;thenes,</HI> who having been well feed by the ad|ver&s;e party to be &s;ilent in a cau&s;e, being called to plead pretended the Squin&s;ie, his Client came han&s;omly over him, &s;ay|ing <GAP DESC="foreign">, <HI>non e&s;t i&s;ta angina, &s;ed argentumgina,</HI> 'tis the &s;il|ver Squin&s;ie; <HI>Mazarinus</HI> complaineth of forraign Iudges, that they too much re&s;embled the <HI>Haimatites</HI> or bloud|&s;tone, which hath a &s;pecial property to &s;tanch bloud, but as Jewellers ob&s;erve, it puts not forth this virtue unle&s;&s;e it be let in, or covered over with &s;ilver, and &s;o applyed to the vein; whereas Judges they &s;hould be men hating covetuou&s;|ne&s;&s;e, if they be not they will be apt cunningly to divert the &s;trait current of the Law, to bring water to their own Mill: &s;ome Judges there have been who for the cleanline&s;&s;e of the conveyance would like mendicant friers touch no mony them&s;elves, but have a boy with a bag to receive it for them, but O let all &s;uch corrupt Judges, who it may be buy ju&s;tice by whole-&s;ale &amp; &s;ell it by retale,
<PB N="38" REF="23">let them con&s;ider &s;eriou&s;ly what is &s;aid <HI>Iob</HI> 15.34. <HI>Fire &s;hall con&s;ume the Taber|nacle of Bribery,</HI> the <HI>Septuagint</HI> reads it, <GAP DESC="foreign">, of men that take guifts, a gift transforms the Judge into a par|ty, and as <HI>Buxtorf</HI> upon the <HI>Hebrew</HI> word here notes, makes the Judge and pary to be but one per&s;on, there is much gotten, but nothing gained by inju&s;tice, men give bribes to undo others, and they that receive them un|do them&s;elves; I have read of a Tra|vellour, who coming to <HI>Rome,</HI> and &s;ee|ing many curious piles and goodly &s;tructures, he was inqui&s;itive to know who built them: it was told him that they were <HI>peccata Germanorum,</HI> the &s;ins of <HI>Germany,</HI> meaning thereby that the mony brought for pardons out of <HI>Germany,</HI> built tho&s;e hou&s;es: and may not we make the &s;ame an&s;wer, when we look upon the Stately hou&s;es and Magnificent palaces of corrupt Judges? may not we call them <HI>peccata Judicum,</HI> and &s;ay that bribes and op|pre&s;&s;ions, bought &s;uch Seats, and built &s;uch and &s;uch hou&s;es? but alas if the actor of Ju&s;tice lives not to &s;ee the
<PB N="39" REF="23">melting of &s;uch gettings, and the &s;pen|ding of &s;uch earnings, yet the heir finds a fire in the foundation, he hears the &s;tones in the wall to cry out, that the morter in which they were layed, was tempered with the tears of wid|dowes and Orphans, and the blood of innocents, and the beam out of the timber an&s;wers it, that that was &s;et up by pulling down the poor, and there|fore it cannot &s;tand: in Gods Court there is no man can buy off a hell not a year or a day, for millions of worlds (my Lords) it &s;hould be &s;o in yours. I be&s;eech you let nothing &s;tick to your fingers, that &s;hould make your faces to gather palene&s;&s;e in the day of the Lord Je&s;us.</P>
<P>Fifthly, you mu&s;t be deliberately ju&s;t, Truth is the daughter of time, <HI>dies diem docet,</HI> Ju&s;tice hath not a giddy running ha&s;t, but a &s;ober grave pace, it was an ancient decree of the <HI>Areopagites,</HI><NOTE PLACE="marg">Orat. de Coron.</NOTE> as <HI>Demo&s;thenes relates it,</HI> <GAP DESC="foreign">, that Judges &s;hould hear both par|ties, with equall indifferency, and attention, their full time. And 'twas the cu&s;tom of <HI>Philip</HI> of <HI>Macedon</HI> to &s;top
<PB N="40" REF="24">one of his ears whil&s;t the accu&s;er was &s;peaking, that he might re&s;erve it for the defendant: never was any <HI>Romane</HI> Emperor &s;o much taxed of inju&s;tice and folly, as <HI>Claudius Cae&s;ar,</HI> and the rea|&s;on of his &s;o frequent mi&s;takes was, becau&s;e he often &s;entenced cau&s;es upon the bare hearing of one &s;ide only, and &s;ometimes upon the full hearing of nei|ther. True is that of <HI>Seneca,</HI><NOTE PLACE="marg">Sweton in claud.</NOTE> <HI>Qui ali|quid &s;tatuit parte inaudita altera, aequum licet &s;tatuerit haud aequus e&s;t.</HI> The eare is not only the &s;en&s;e of di&s;cipline and learning according to the Philo&s;opher, and of faith according the Apo&s;tle, but al&s;o of truth and Ju&s;tice. He that pro|ceeds on halfe-evidence, he will not do quarter-Ju&s;tice. Judges they mu&s;t be attentive, harkning with ju&s;t and pa|tient ears, to the pleadings of both &s;ides: witne&s;&s;es &s;hould be heard out (though tedious) Judges &s;hould not meet evi|dences half way, but &s;tay till they come at them, &s;ome per&s;ons mu&s;t be impertinent, before they can be per|tinent, and as (one &s;ayes) if they tell the &s;tory of a hen, you mu&s;t give them leave to begin at the egg; it is no grace
<PB N="41" REF="24">to a Judge fir&s;t to find that, which he might have heard in due time from the Bar; or to &s;hew quickne&s;&s;e off conceit in cutting of evidence or coun&s;el too &s;hort, for &s;ometimes a man of a dreaming ut|terance may give a waking te&s;timony: Judges they &s;hould not prevent infor|mations, by que&s;tions though pertinent, In this &s;en&s;e, an over-&s;peaking Judge is no well tuned Cymbal. It is related of <HI>Theodo&s;ius,</HI> that when he had killed many men ra&s;hly, which did much trou|ble him, it was afterwards enacted by him that thirty dayes &s;hould u&s;e to inter|vene between the &s;entence and the ex|ecution; for <HI>pote&s;t dilata paena exigi, exacta revocari non potest,</HI> puni&s;hment deferred may be executed at plea&s;ure, but if once executed cannot be recalled; we may read how God him&s;elf, though he needs no intelligence from his crea|tures, yet in his two great acts of ju&s;tice when he confounded the builders of <HI>Babel,</HI> and de&s;troyed <HI>Sodom,</HI> he would not only hear, but he would go and &s;ee; and Chri&s;t he pre&s;cribeth a rule to all Judges, <HI>Sicut audio, &s;ic Judico.</HI><NOTE PLACE="marg"><HI>John</HI> 5.30.</NOTE></P>
<P>Sixthly, <HI>You mu&s;t be &s;peedily ju&s;t,</HI> &s;ee
<PB N="42" REF="25"><HI>Ezra</HI> 7.26. <HI>you mu&s;t execute Judgment in the morning,</HI> Jer. 21.12. Noon ju&s;tice and evening ju&s;tice, 'tis not &s;o &s;ea&s;on|able, 'tis not &s;o acceptable to God as morning ju&s;tice; delays break the &s;pi|rits of the innocent, and harden the hearts, and &s;trengthen the hands of the guilty. <HI>Lewes</HI> the twelfth of <HI>France,</HI> he was wont to taxe the delayes, reve|rences, and neglects, of Judges, and to &s;ay, that he did not love this &s;tretching of leather with the teeth. A man &s;hall come into few of our Courts, but he &s;hall hear tho&s;e that wait on them, cry|ing out with him in the Poet,
<Q>&mdash; Quem das finem Rex magne laborum?</Q></P>
<P>When &s;hall we leave turning <HI>Ix|ions</HI> Wheel? and rowling <HI>Si&s;yphus</HI> his &s;tone? I would have all demurring Judges con&s;ider &s;eriou&s;ly, the admirable pa&s;&s;age of <HI>Theodorick</HI> King of the <HI>Ro|mans,</HI> as it &s;tands related at large in the Chronicle of <HI>Alexandria;</HI> There was one <HI>Juvenalis</HI> a Widow, who came to him with a &s;ad complaint, that &s;he had had a &s;uit depending in the Court three years, which might have been ended in a few dayes: the King demands
<PB N="43" REF="25">of her the Judges names: &s;he tels him: there i&s;&s;ues out an e&s;peciall command from the King to them, to give all the &s;peedy di&s;patch that was po&s;&s;ible to this Widowes cau&s;e, which they did, and in two dayes determi|ned it to her very good liking; which being done <HI>Theodorick</HI> cals for the&s;e Judges, and they &s;uppo&s;ing it had been to receive their applau&s;e and reward, for their quick deci&s;ion, and excellent ju&s;tice, ha&s;tned to him full of joy, but the King having fir&s;t interrogated with them, about the cau&s;e of their former delay, and having &s;harply re|prehended them, he commanded both their heads to be &s;truck off, becau&s;e they had &s;pun out that cau&s;e to a three yeares length, which two dayes would have ended.</P>
<P>Seventhly, You mu&s;t be &s;tedfa&s;tly ju&s;t, a Judge &s;hould be &s;uch an one <HI>qui nec fallitur, nec flectitur,</HI> lenity becomes not a Judge, <HI>levitas e&s;t mo|bilitas animi, qua homines levi de cau|&s;a mentes vel &s;ermones facile mutant,</HI> Judges mu&s;t not be like the vulgar Jews, who would this day deifie, and
<PB N="44" REF="26">to morrow crucify the &s;ame man, nor yet like <HI>Pilate</HI> who commanded <HI>Chri&s;t</HI> to the Cro&s;&s;e with tho&s;e very lips, with which a little before he pro|counced him innocent. A Judge he mu&s;t be <HI>propo&s;iti tenax,</HI> though not <HI>pecuniarum petax;</HI> he mu&s;t be like the needle toucht with the Load&s;tone of con&s;tancy, ever looking one way like the un&s;haken rock, that in the mid&s;t of the angrie foaming brine and raging billowes, appears that apt emblem of &s;tabilitie, with this motto on it, <HI>Immota triumphans,</HI> or el&s;e like the <HI>Egyptian pyramis,</HI> wearing this in|&s;cription <HI>Nec flatu, Nec fluctu.</HI></P>
<P>Eightly, You mu&s;t be mercifully ju&s;t, there mu&s;t be <GAP DESC="foreign"> an ordinate rule of all affections: a Judge mu&s;t not come under that character, that <HI>Jo&s;ephus</HI> gives <HI>Herod,</HI> that he was <HI>Legis dominus,</HI> but <HI>irae &s;ervus,</HI> Lord of the Law, but yet Lorded over by his own lu&s;ts; a Judg mu&s;t not be too much affianced to his own will:<NOTE PLACE="marg">Vel. pater lib. <HI>1.</HI> Hi&s;t.</NOTE> not like <HI>Brutus</HI> and <HI>Ca&s;&s;ius,</HI> of whom <HI>Velleius Paterculus</HI> hath this note, <HI>quic|quid voluit Brutus vald&egrave; voluit, ni|mium
<PB N="45" REF="26">Ca&s;&s;ius;</HI> but he mu&s;t plant his Judgement upon an even ground, and as much as in him lies make inequality equal, con&s;idering that merciful Apho|ri&s;me of <HI>Solomon, Qui fortiter emungit, elicit &s;anguinem,</HI> the wringing of the no&s;e bringeth forth bloud, where the winepre&s;&s;e is hard wrought, it yields a har&s;h wine, that ta&s;tes of the grape|&s;tone; a butcher they &s;ay may not be of the Jury, much le&s;&s;e may he be a Judge. There is ju&s;t cau&s;e of relenting whether we con&s;ider our &s;elves or o|thers, as being of the &s;ame mould, and &s;ubject to the &s;ame temptations with others; Though we may and mu&s;t de|light in ju&s;tice, yet &s;ay, Divines, to be glad of it, as 'tis the evill and grief of an other, is very &s;infull; for a Judge upon the Bench, to put the poor ma|lefactor out of countenance, whom he may put of life, what triumph is it? To je&s;t at man in mi&s;ery, 'tis the wor&s;t u&s;e a man can put his wit to, and will come home to him, nay 'tis wor&s;e then bruti&s;h and beneath a bea&s;t, the <HI>Lion</HI> &s;cornes it, &s;o &s;ayes the Poet, <HI>Corpore magnanimo &s;atis e&s;t pro&s;tra&s;&s;e leoni;</HI> O
<PB N="46" REF="27">then my Lords be mercifull even as your Heavenly Father is mercifull; and to whom&s;oever you think God him&s;elf if he were upon the Bench, and in your place, would &s;hew mer|cy, why to all &s;uch let your mercy extend; I have read of three ca&s;es, that &s;eem to be out of the reach of civill mercy. Fir&s;t wilfull murder, pre|pared and projected murder, here your eye is not to pitie: in the time of the Law, and by Gods own order, &s;uch a murderer, no <HI>A&s;ylum,</HI> no City of refuge,<NOTE PLACE="marg">Deut. 19.11, 12, 13.</NOTE> no Sanctuary, no Altar could protect, but he might be &s;natcht thence. A &s;econd ca&s;e is, when acce&s;&s;aries &s;uffer then the principall mu&s;t not be &s;pared, this the voice of God,<NOTE PLACE="marg">Numb. 24 4, 5.</NOTE> of nature, and of the Law, all give a&s;&s;ent to. A third and la&s;t ca&s;e is, when the quarrel is laid in princi|ples of irreconcileable enmity again&s;t true Religion, and the government of <HI>Chri&s;t:</HI> and yet even in all the&s;e three grand Ca&s;es,<NOTE PLACE="marg">Luk. 19.27.</NOTE> though mercy mu&s;t not degenerate into a &s;oftne&s;&s;e pre|judiciall to Ju&s;tice, tho&s;e Ju&s;t &s;enten|ces are be&s;t pronounced that are deep|e&s;t
<PB N="47" REF="27">drenched, and mo&s;t &s;teeped in the Judges tears.</P>
<P>Ninthly and la&s;tly, You mu&s;t be univer&s;ally ju&s;t; You are called <HI>Scuta terrae,</HI> the &s;hields of the earth; and the Law with us tis called <HI>Lex terrae,</HI> to note the univer&s;al Benignity thereof, and the equal intere&s;t that every per|&s;on is to have therein; to weigh one mans cau&s;e by the rule of Law, and anothers by the rule of favour, this is like divers weights and mea&s;ures, which the Lord abhorres; This is not to be <HI>Scutum</HI> a &s;hield, but rather <HI>Galea</HI> a helmet, to protect onely the heads of the people; You mu&s;t be like the Sunne who&s;e beams &s;hed them&s;elves, with as &s;weet an influence on a Garden of Cu|cumbers, as on the Fore&s;t of <HI>Lebanon;</HI> Your Ju&s;tice mu&s;t extend it &s;elf like the wi&s;dom of <HI>Solomon,</HI> from the Ce|dar to the Hy&s;op; The Apo&s;tles rule is <GAP DESC="foreign">, the &s;mall as well as the great mu&s;t be heard.<NOTE PLACE="marg">Deu. 1.17</NOTE> Laws mu&s;t neither be like Nets, to let out little Fi&s;hes, and catch onely great ones; nor yet like Cobwebs to be broken by great offenders, and to catch only Flies. Uni|ver&s;al
<PB N="48" REF="28">Ju&s;tice is that which re&s;pects all, rewarding the meane&s;t in well-doing, and puni&s;hing the greate&s;t in evil-doing, if ju&s;tice be thus univer&s;al, 'twill ca&s;hier, 1. <GAP DESC="foreign">. 2. <GAP DESC="foreign">. 3. <GAP DESC="foreign">, all Partiality, all Bribe|ry, and all Timidity; now <HI>Timiditas ju|dicis; e&s;t calamit as innocentis.</HI></P>
<P>And thus, my Lords, I have &s;hewed you why you mu&s;t be ju&s;t, and how you mu&s;t be ju&s;t; I had thought in the next place to have reacht the <GAP DESC="foreign">, the ob&s;tructers of Ju&s;tice, but I &s;ee that cannot be, without intrenching too farre upon that patience, which I would not abu&s;e, or borrowing too much of that time which is allotted your other affairs; I &s;hall only therefore beg your pardon, while&s;t in words as few as may be, I take leave particularly to apply this great duty of the Text to tho&s;e that &s;hall be more immediately concerned in the Tran&s;actions of this &s;ea&s;on. Ju&s;tice you &s;ee is the great bu&s;ine&s;&s;e of the Text, and tis the great bu&s;ine&s;&s;e of &s;uch a time as this; And that the people may the better follow, let me be&s;eech you (my Lords) to
<PB N="49" REF="28">lead them the way in this great duty; I confe&s;&s;e I have been long &s;peaking to you, and therefore I &s;hall onely adde the&s;e la&s;t words;</P>
<P>Fir&s;t, Be ju&s;t to your &s;elves, by &s;ub|jecting within you your bodies to your &s;ouls, and your &s;ouls to God: the fir&s;t great acts of inju&s;tice, are to place Pa&s;&s;ions upon Altars, Rea&s;on in Fet|ters, and to &s;earch for the Kingdom of Heaven in the &s;way of our own private intere&s;ts.</P>
<P>Secondly, My Lords, Be ju&s;t to the people, which you can never be, un|le&s;&s;e you be religious in devotion, fear|ing God, moderate in your pa&s;&s;ions, impartial in your affections, mortified in your lu&s;ts, learned in the Laws, in|corrupt in your Courts, deliberate in your Coun&s;els, patient in hearing, di|ligent in &s;ifting, expedite in proceed|ing, grave and &s;olemn in &s;entencing, and concluding onely according to evi|dence; For <HI>Illud tantum judex novit, quod novit judicialiter.</HI></P>
<P>And thus from you (my Lords) that are commi&s;&s;ioned for the Seat of Judgement, I turn to tho&s;e Gentle|men
<PB N="50" REF="29">that are in Commi&s;&s;ion for this County; And as you at &s;uch a time as this, when the Judges them&s;elves are pre&s;ent, have lea&s;t to doe, &s;o I have lea&s;t to &s;ay, onely let me leave this Exhortation with you, Let me be&s;eech you to be like <HI>Jethro</HI>'s Ju&s;tices of peace, <HI>Exod.</HI> 18.21, 22, 23. Or like <HI>Plato</HI>'s Commonwealths-men for the Com|monwealth; Study your Oath more then your Commi&s;&s;ion, and think of your Duty more then your Dignity, and doe not decline the burdens that cleave to your Honours; and if the calling come upon you before you are grown up to it, let double diligence make you old, and experienced in the Law, though you be tender and green in years, and con&s;ider that what&s;oever &s;wervings or &s;tumblings any part of the Body politick makes, within your verge, or under your eye, the blame will be &s;ure to light upon you.</P>
<P>And thus from you the Ju&s;tices let me addre&s;&s;e my &s;elf to tho&s;e that &s;hall be Coun&s;ellours, and Pleaders, and Advocates at this A&s;&s;ize. And let me be&s;eech you to be ju&s;t, and never to
<PB N="51" REF="29">plead that cau&s;e wherein your tongue mu&s;t needs be confuted by your con|&s;cience, nor again to &s;et the neck of the Suit that hath once been broken by a definitive &s;entence. Remember what an&s;wer <HI>Papian</HI> the Oratour made to <HI>Caracalla</HI> the Emperour, when he was reque&s;ted by him to defend the fratri|cide of his brother <HI>Geta, Non tam faci|le est excu&s;are fratricidium qu&agrave;m facere,</HI> It is more ea&s;ie to commit it then to de|fend it. Take heed you doe not, <HI>Per verborum aucupia, &amp; tendicula,</HI> as <HI>Tul|ly</HI> &s;peaks, by cunning con&s;truction ei|ther of Laws or Actions, protect inju|rie, and wrong innocence. When any Client comes to you, be &s;ure you not onely hear but examine, and pinch his cau&s;e there mo&s;t, where you fear tis foundred; if the cau&s;e be doubtfull, warrant no more then your own dili|gence, and what&s;oever privacies have pa&s;t between your Clients and you, let them &s;leep between you, and not take air at your tongue. Take heed of te|diou&s;ne&s;&s;e, and (as one &s;aies) doe not make a <HI>Trojan</HI> Siege of a Suit, but what you doe, doe it <HI>&s;eri&ograve;,</HI> and doe it <HI>&s;u|bit&ograve;;</HI>
<PB N="52" REF="30">Be not like to tho&s;e fickle and un&s;table Lawyers that <HI>Salu&s;t</HI> &s;o bitter|ly inveigheth again&s;t, condemn|ing them for their floating and uncer|tainty, <HI>Qui fluctuantes huc &amp; illuc agi|tantur;</HI> who deny that to be Law this Term, which they pleaded to be Law the la&s;t. And be &s;ure to look to your hearts, and to look to your hands, and keep them both cleane; Be not like <HI>Ayat</HI> the Jew, who could <HI>&V;tr&acirc;que ma|nu tanquam dextr&acirc; uti,</HI> Take bribes on both &s;ides, and doe Ju&s;tice on neither; Remember what <HI>Aegardus</HI> advi&s;eth you to, <HI>Magis apud vos valeat amor veri quam lucri,</HI> Love Ju&s;tice above your fee.</P>
<P>La&s;tly, Be faithfull to the &s;ide that fir&s;t retains you, and not like <HI>Demo&s;t|henes,</HI> who, as <HI>Plutarch</HI> tels us, &s;ecret|ly wrote one Oration to <HI>Phormio,</HI> and another in the &s;ame matter for <HI>Apollido|rus</HI> his adver&s;ary. And thus from the Councellours and Pleaders, I come to the Jurors. It were well if they would learn too, not to goe like Sheep one after another <HI>(Qua itur non qua eundum)</HI> but to be lead by the &s;acred|ne&s;&s;e
<PB N="53" REF="30">of their Oath, and the light of their Evidence, and to proceed <HI>Secun|dum allegata &amp; probata,</HI> and not &s;uffer them&s;elves to be blindely overruled by another mans prejudice; It many times fals out that a tame Jury by the craft of &s;ome one cunning fellow in the company, who happily comes po&s;&s;e&s;t with prejudice to the cau&s;e, or ill will to the per&s;on, are made to &s;wallow any thing, and to give in a Verdict to the Oppre&s;&s;ion of innocence, whereas their &s;inne is never the le&s;&s;e becau&s;e they &s;inne with company: Let me be|&s;eech all tho&s;e therefore that &s;hall be of the Jury at this A&s;&s;ize, to doe no otherwi&s;e then as God &s;hall put into their hearts, and the Evidence &s;hall lead them; If crafty Fore-men, or &s;ub|til and wily After-men, will doe that that is not ju&s;t, and to make quick work of it, conclude of a Verdict be|fore they hear the Evidence; Let the hone&s;t Jury man keep pace with the Evidence and his own con&s;cience, and think it not pride but Ju&s;tice, to be ho|ne&s;ter (if not wi&s;er) then his Lead|ers.</P>
<P><PB N="54" REF="31">I have now onely one word more to them that are to be Witne&s;&s;es, and then I am at an end. Let me be&s;eech all &s;uch to be ju&s;t, let them con&s;ider how that upon their Te&s;timony depends the i&s;&s;ue of every Cau&s;e; if the Judges &s;entence, or the Juries Verdict, point at a fal&s;e hour, the fault may not be in the hand or <HI>gnomon,</HI> either in the Judge or the Jury, but onely in the&s;e wheels of the Clock, the Witne&s;&s;es; it con|cerns you therefore to be ju&s;t, you mu&s;t not dare to think your Oath, <HI>Vo|laticum jusjurandum,</HI> a &s;lip-knot; neither mu&s;t you dare out of ill will, or fear, or any ba&s;e end to forge a Te&s;timonie, as <HI>Ga&s;hmu</HI> did;<NOTE PLACE="marg">Nehem. 6.6, 7.</NOTE> nor yet to &s;tretch a tender truth beyond mea&s;ure, on pur|po&s;e to do mi&s;chief,<NOTE PLACE="marg">P&s;a. 52.3, 4.</NOTE> as <HI>Doeg</HI> did. Great is the &s;in of a fal&s;e Witne&s;s. Fir&s;t, He &s;ins again&s;t God, <HI>Cujus veritatem annihilat.</HI> Secondly, He &s;ins again&s;t the Judge, <HI>Cu|jus judicium perturbat.</HI> Thirdly, He &s;ins again&s;t the party accu&s;ed, <HI>Quem &s;uo te&s;timonio condemnat.</HI> La&s;tly, He &s;ins again&s;t him&s;elf; fir&s;t, again&s;t his fame and credit, for what more infamous then for a man to be <HI>Punica,</HI> or <HI>Graecafide,</HI> to
<PB N="55" REF="31">be &s;uch an one whom neither word nor wax can binde? and which is wor&s;t of all, he &s;ins again&s;t his own &s;oul, for a <HI>fal&s;e Witne&s;&s;e &s;hall not be unpuni&s;hed, and he that &s;peaketh lies &s;hall not e&s;cape,</HI> &s;o &s;aies <HI>Solomon,</HI> Prov. 19.5. Let every Witne&s;&s;e therefore be ju&s;t and &s;peak the truth, and the whole truth, <HI>As God &s;hall help him.</HI></P>
<P>And thus I have di&s;charg'd all my Task in the Pulpit, &s;ave onely putting up my hearty praier to God for you all, that from the highe&s;t to the lowe&s;t, from the Judge to the Witne&s;&s;e, you may all di&s;charge yours in the Court, which I &s;hall next proceed to.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
