NICODEMUS FOR CHRIST, OR THE RELIGIOUS MOOT OF AN HONEST LAWYER: DELIVERED IN A Sermon, preached at the Assizes at Okeham, in the County of Rutland, March. 10. 1627.  
By ANTONY FAWKNER, Master of Arts, and late Student in jesus College in Oxford.  JOB 29. 16. 
I was a father to the poor, and the cause which I knew not, I searched out.  
LONDON Imprinted by Felix Kyngston for Robert Allot, and are to be sold at his shop in S. Paul's Churchyard at the sign of the Bear. 1630.   

TO THE WORSHIPFUL MY HONOURED GOOD FRIEND MOSES TRYON ESQUIRE, Grace, Mercy and Peace.  
SIR,  
A Godly liberality is not much different from a frugal providence; 'tis but a letter of Return, by which we shall receive in heaven what we have wisely laid out on earth: for he that hath pity on the poor, dareth unto the Lord; and look what he layeth out, it shall be paid him again, Prou. 19 17. So that the practice of this piety, is the most advantageous usury: for we lend but temporals, but we shall receive both the Principal and Interest in Eternals. Happy might all Gods temporal Stewards be, if they would so employ their golden Talon. Concerning your own particular, I will only thus much say, The prayers of the poor for you will sooner present your charity to God, than the praises of my Pen can unto the World. And as for the no mean apprehension of your favour and good meaning towards myself, I can return no other, save the poor man's tribute, prayers and thanks: of which this slender Present, the thin glean of a Country Labourer, is a faithful, though unproportioned testimony. Which if you but as kindly accept, as it is freely offered, you shall accipiendo dare, be bounteous in receiving, and so deserve new thanks abundantly gratifying him, who always unfeignedly desires  
By you and yours in all Christian 
 service to be commanded, Anthony Falconer.   

EGREGIO VIRO PETRO TRYON, ORNATISSIMI VIRI MOSIS TRYON Armigeri filio natu maximo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
REi privatae satago: Nec humili fortunae competit invitâ quodammodo Lucinâ, faetum quem vix peperisse ausa est in apricum severiori Criticorum fronti exponere. Satiùs familiari gratandum est lari, tutiusque tyronibus domestic â declamare in porticu. Equidem lubentiùs labiorum vitulos fecissem in salutem Maecenatis quam literas hasce publicâssem in ipsius gratiam; nisi quòd nobis, dignitatem tuam (Generose vir) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 istius nostrae vectigal iure proprio vendicâsse, solutumque parumper in hoc Xeniolo censuque modico tributum aequi consultum iri, meridianâ luce clariùs innotuisset. Ad teipsum quod attinet, ne quae è casto & syncero deprompta sunt pectore, adulterina videantur & fucata adulantis ingenij deliramenta, rem paucis expediam. Depositis collo Bullâ Laribusque adhuc sub umbonis candidi privilegio mediâ iwentute egisti virum, adeoque subitaneo virtutis incremento minutatim defluentes annorum & aetatis fefellisti moras, utpraecoce quâdam maturescente indole gradatim quasi & pedetentim sequaces Naturae gressus praevenisse videaris. Mucos ergo emungant proprios rugosae Hypercriticorum sannae. Vacillans adhuc nostrae Theologiae sololes haec & decidua, pene dixerim primis infantiae vagiens incunabulis, sub tuis modò succreverit auspicijs, abundè mihi videbitur conclamatum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, fruarque votis usque ad invidiam foelicibus  
Sigillatim tuus, 
 Antonius Fawkner. Ex Musaeo meo undecimo Kalend. Septemb. 1629.   

NICODEMUS FOR CHRIST, etc.  joh. 7. 51. 
Doth our Law judge a man before it hear him, and know what he hath done?  
Majesty is an emblem of Divinity, and Magistracy the visible character of an invisible Deity. So that as men are the best of Mortals, judges also are the best of men, and are by so much liker their Creator, by how much his Warrant authorizeth them above his creatures. Men indeed are like God by a benefit in their creation: judges more like him by the addition to their creation of the preeminency of their function. Men are like him in the fabric of their souls, they, more like him, because both in that, and the excellency of their Office. If then Melancthon may term men Earthly gods, in respect of inferior creatures, why may not David style judges transitory gods, in regard of inferior men? I 〈◊〉 said, you are gods, Psal. 82. 6. The Lord indeed is God of gods, but he hath selected these to be gods to men. Yet though God permit them to partake of his Authority, 'tis with a condition, that they shall partake of his justice too. God works all for his own glory, and his infinite glory is his infinite justice. Now because power is the supporter of justice, God makes them great, not because they should be great, but because by being great, they might dare to be just. Those then whom God makes great, we deem to be good, so that their place begets a reverence; their reverence, fear; and greatness mixed with goodness produceth imitation: insomuch that Honour becomes Example, and judges lives, the people's rules. So that they live not their own lives alone, but other men's; and the peril of their soul's hazards others. As then there is no deformity so ugly as corrupted beauty, so no Calling so wicked, as the best turned bad. Bad in itself, worse by example; worst, if at all bad, because it should be best; most dangerous, because most eminent. Adam indeed sinned, yet still continued man; but if Angels transgress, they can be no less than Devils. Peasant's may turn Pagans, and none take notice: but if julian become an Apostata, an Empire is in danger. jeroboam's transgression made Israel to sin; and though the people compel Aaron to make an Idol, yet if he do it, being a Magistrate, he brings the sin upon them, Exod. 32. 21. He that believes in me, saith Christ, out of his belly shall flow rivers of waters of life, joh. 7. 38. An ample reward of the jews belief, if they had believed. And (poor souls!) many had believed, had not the example of their Rulers hindered their belief. Many resolved that he was the Prophet, Vers. 40. Some confessed he was the Christ, Vers. 41. Yea, and the frozen consciences of the barbarous Officers, which went with a full resolution to arrest him, were so thawed, that, let the Magistrates think will or ill, they must needs confess, that Never manspake like this man, Vers. 46. Their consciences acknowledged him, their tongues confessed him: yet (for the force of example from Authority!) the wicked think to stop their mouths with this own question, Doth any of the Rulers or Pharifes believe on him? Vers. 48. Nay, immediately with open mouth, according to their old fashion of bawling Templum Domini, Templum Domini; The Temple 
jer. 17. 4.  of the Lord, The Temple of the Lord: or, We 
job. 19 7.  have a Law, and by our Law he ought to dye, they would condemn him untried against the Law: and in the next verse outlaw him and his, with a dire Anathema, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ This rout, this Many which know not the Law is oursed, Vers. 49. So would they have sterned the Law by their own passions, till Nicodemus returns the curse unto the heads of the cursers, and maugre their bragging of their skill in the Law, convicts them of injustice by a question from their own Law; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Doth our Law judge a man before it hear him, and know what he hath done? Not to 
De simili quaestione vide Beza in S. Mat. 7. 22.  be tediously curious upon the words. The Verse is such a question, as may be naturally resolved by a Negative position; and that easily done by the Metathesis of the particle interogative, transferred from the subject to the implicit Copula▪ so that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Doth our Law judge a man before it hear him, and know what he hath done? is equivalent, and the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Our Law doth not judge a man before it hear him, and know what he hath done. And my Text so understood, may seem to be Solstitium solis justitiae, The Solstice of justice. It must not be idle, but proceed thus far: nor is it boundless, it proceeds no further. It must judge, else 'twould not be justice: it must judge within the limits of these conditions, else 'twould be injustice. The question is already become a position; let us once again turn the Negative position to an affirmative proposition; and that not by the dislocation of one Negative particle, but the exemption of them all. If then our Law doth not judge a man before it hear him, and know what he hath done; it follows, à contrarijs, that our Law doth judge a man, if it hear him first, and know what he hath done. And the Text thus taken, points at two things, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; the Law in the first part; Our Law doth judge a man; and the judge in the second; If it hear him before, and know what he hath done. The first part shows us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the rule of justice, the Law dead without the judge. The second points out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the living Law, the judge, corrupt without the Law. Again, the first part contains two things. First, the Rule of justice, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Law; noted by her coat of difference, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, our Law, the jews Law, Gods Law. Secondly, the act of justice, judgement, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Our Law doth judge; and that again attended with its object, circa quod, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a man. In the second part are evident two especial necessaries to a good Magistrate: The first is diligence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he must hear; and that both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, before he proceed to sentence; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of him that is accused. The second is knowledge, and that both of the fact, and the manner of the fact, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: And know what he hath done. Of these (the God of Truth assisting) and first of the first, the Rule of justice.  

〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The Law.  

Gilbertus in Cantica. jer. 30.  Sine lege sunt quae sine ordine sunt, saith an Ancient; Order is one end of the Law, God the Author 
Philo judaeus de Fabric. Mundi.  of all Order. He might have created the World as well in one day, as six; and all at once as easily, as Heaven first, and Man last: but by his wisdom were all things made, and the God of Order would be the example of Order. Now as all is made, all must be sustained, lest Order should again be swallowed up in confusion. So that as all was created in order, all must be so created, that it may remain in order. Wherefore God will at once be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Creator and a Lawgiver; and with the same Fiat rouse from confusion and command to obedience. Each creature is so made itself, that it cannot be ought save itself. The wisdom of his bounty gives it a Being; the wisdom of his order gives it but one Being. Nor is this order in essence only, but in the consequents of it, its qualities. The nimble fire will be above, and not below; the sullen earth only below. The two great Lights have their alternate courses. The Sea may threaten, cannot Domincere; it must overflow so much earth, and but just so much. Thus the Decree of God checks all Natures: his Word created by a secret power; his Wisdom governs by an eternal Law. By the Word of the Lord were the Heaven's made, Psalm. 33. 6. and he made a Decree for the name, job 28. 26. Now though all things are, and are guided by this eternal Law, yet this Summa ratio, (so S. Augustine styles it) this supreme directive 
S. August. de lib. arb. c. 6.  rule, though it be aliqualiter (as the Schooleman limits) in some sort in all creatures 
Aquin. 12. q. 92. Art. 2.  subject to the Divine providence; yet I say more especially, more eminently it shines in man. So that by this more excellent impression of the eternal Law, there follows a participation of that Rule in man; by which he hath an inbred inclination to the accomplishment of his proper acts and ends. Which participation of the eternal Law is defined to be the Law of Nature. By the light of which we may easily view what should be done, by our natural inclination to what we would do. God hath made us to be men, and the nature of men constrains us to be sociable. Yet is not Nature so blind a guide, nor so unjust a Mistress, as to command society, and not to instruct us how to conserve it. Wherefore she hath written in our understandings one wise lesson, from which our working intellectuals may deduce the rest of all her precepts. And this general Statute is Eligere bonum & vitare malum; The common instruction of Nature is, that we should embrace what is good, and shun evil. 'tis an evil against Nature to destroy the work of Nature; from thence is concluded the Law, Thou shalt not kill. The conservation of humane society commands, that every man should have his own; from thence is enacted the Law, Thou shalt not steal. So that that general maxim is inviolable. Dianysius knew it, when he confessed, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 
Plutarc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●.  The constitutions indeed of public estates may be violated, the general Law of Nature cannot. But from it, as from a common source, proceeds in some sort the whole stream of moral virtues, which, as the Law, are what they are, by the rule and square Rectae nationis, of a directive reason. So that Plato 
Plato de legibus lib. 12.  stepped not much awry, when he would have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law receive its Etymology from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the mind, considering the Law is indeed dictarnon nactae rationis, the constitution of Reason, the proper faculty of the discoursing mind. This Law of Nature than is the image of the Eternal, and from it may arise the principles of moral virtues. 
S. Amb. in epist. ad Rom. c. 5.  Saint Ambrose in other words saith as much, if not more, dividing this Law of Nature into three parts. The first teacheth to give, and so to give honour to our Creator, as not to impart or share it to any of his creatures. The second part is moral, instructing us to live by the rule of modesty and virtue. The third, Preceptive, commanding us to furnish others with the knowledge of our Creator, God, and season them with the precepts of virtue and morality. And so the Gentiles which had not the Law, did by Nature the things contained in the Law, and having not the Law, were a Law unto themselves, Rom. 2. 14. Now because, by reason of the imperfect estate of our depraved nature, our passions will swell to perturbations, and can receive such strength from the Law of sin, that they are able impetuously to rebel against the Law of Nature, it is necessary that from the common precepts of Nature (as particular and unknown conclusions are drawn from common and apparent principles) man's understanding should deduce and enact other several Canons for the more particular disposition of the community in order: which should deter those from vice by fear of punishment, whom the instructions of Nature cannot persuade to be good by love to virtue. And such like particular constitutions drawn from the Law of Nature, which is derived from the Eternal, receive a third denomination, distinct from both the former, and are entitled, Lex Humana, or Positiva, the Humane, or Positive Law. Such as 
Rud. Com. Graec. fol. 1033.  were amongst the Heathen, Draco's Decrees, which (as Budaeus notes) were more especially termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Theses, Positions, settled or determined ordinances: which though in regard of the Lawgivers', and the acts of men, to which only they are a rule, they may be termed Humane; yet after just and due enacting by the authority of 
Postellus de Magistrate. Athen. cap. 5.  the public assent, or public person, and the open receipt of them after promulgation in the time and place of concourse, as amongst the Athenians, and Die trinundino in Foro, in the open Market place amongst the Romans; then Religion tells us, that Lex the Law takes its name from its own Etymon à ligando from binding. So that whatsoever is subject to the superior power, is consequently subject to the Law of that power. Which insomuch as it partakes (though but mediately and remotely) of the eternal Law, binds the inferior subjects to its observance, yea, in foro conscientiae, by the tie of Religion and Conscience. There is no power but of God, Rom. 13. 1. Wherefore ye must be subject, not because of wrath only, but also for conscience sake, Vers. 5. By me (faith the Lord) Kings reign, and Princes decree justice. By me Princes rule, and the Nobles, and all the judges of the earth, Prou. 8. 15, 16. Whosoever then resists the power, resists the ordinance of God, Rom. 13. 2. It follows then, that none, no not the righteous are exempted from obedience to this Humane Law, as it is a directive Rule, or guiding power; though in respect of its coactive authority they are privileged, as preventing compulsion by voluntary obedience. And in this sense indeed the Law is not given to righteous men, but to ungodly, 1. Tim. 1. 9 And Saint Paul may be an exegetical Commentator on this place in another: For Princes are not to be feared for good works, but for evil, Rom. 13. 3. Nor are we only bound to submit ourselves to the judgement of this Law, but Magistrates are as much required, to frame and proportion their determinations according to this Law. The 
Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  square then of our actions must be the rule of their judgements, and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be as definitive of their censures as our deeds. Xenophon tells, that Cyrus learned of his Tutor, that there was no difference betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, lawful and just, and as little betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, lawless and violent; so that he seemed to confine justice to Law, and would always proceed according to Law, lest at any time he should seem unjust. Such force than is in the Law, that it binds all process in justice to be according to the Law. So that he which in the administration of justice strays 
Postellus de Mag. Athen. c. 6.  from the order of the Law is as much an offendor, as he whom he condemns as a transgressor of the Law. And therefore the Athenians thought it a small convenience to their Commonwealth to provide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Lawgivers' unless they had also appointed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a sort of superior Governors to receive an account from the judges 
Plato de leg-Dial 111.  of their common and ordinary proceeding according to the Law. Plato would have the Law as a picture, by whose proportion, as by 
Varro de ling. Latin. lib. 5.  a pattern and exemplar, Magistrates should 
Christoph interp. Philon. judaei. de office judicis.  form their censures. judex, the judge is but In● dicens, not the maker, but the speaker of the Law; Administrator judicij (as an interpreter of Philo) The judgement is Gods, he is but the pronouncer; and amongst the Romans, Suetonius ranking the most choice and honourable titles which the Emperor Augustus bestowed upon his beloved Tiberius, registers Ducem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, That he was a Governor precisely observing the prescript of the Law. And no less honour might Foelix seem to have deserved, who would not for favour deliver Saint Paul to death against the custom of the Romans, Act. 25. 16. And Ahashuerosh might have been an example to them both, not giving sentence according to his own angry humour, but the Nations decrees; What shall we do with the Queen Vashti according to the Law? Ester 1. 15. Sure I am that such a one was Nicodemus, who asks not in my Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth the judge? but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Doth our Law judge? As if the judge could not decree, but the Law; or if the judge, yet as only directed by the Law. Or if the Heathenish Romans, under whose dominion they then were subject, had had such a barbarous Law, as to judge a man before accused or heard: yet sith the jews were under the Covenant, and immediately directed by the Law of God, he inquires further, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Doth our Law so? which is the next considerable.   

〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Our,  
The Law of the Lord is an undefiled Law: Psal. 19 8. Moses might hear it from God, as accepted for holy; Israel might hear it only from Moses, as but only called to be made holy. Israel must not touch Mount Sinai, no not touch it lest they die, though it be to hear the Law, by the performance of which they should live. God's Majesty would promulge it in thunder and darkness, that all might hear and tremble: his Mercy would engrave it in Tables of stone, that all might see and rejoice. Here Ius Gentium becomes Ius judaicum, and the inviolable decree of Nature made stronger by the promulgation of God. False witness is a fault against Nature, yea, and a sin against God. Thou shalt not bear false witness against thy neighbour: Exod. 20. 16. God is truth; falsehood is his enemy. God is judge: Psal. 50. 6. And shall not the judge of all the World do right? Gen. 18. 5. No man must be condemned by his Law indict â caus â, his offence not proved; but at the mouth of two or three witnesses the matter must be established: Deut. 19 16. Moses delivered this Law to the jews when they dwelled in tabernacles, and 
josep. de Antiq. jud. lib. 4. c. 8.  it was yearly repeated by the High Priest, faith josephus, at their Feast of Tabernacles. Lo then how malice may pervert justice! This Law was delivered by God to Moses, by Moses to their forefathers, by the High Priest yearly with folemnity to themselves, and by themselves daily according to God's precept to their children, Deut. 6. 7. and might not Nicodemus then justly wonder, that being Masters in Israel they knew not this? Let them then but check their heady choler, or shake off their lingering malice, and they may through halfe-closed eyes perceive, that God forbids false-witness, not witness. Probabilities indeed may be the ground of a suspicion, but they must prove ere they can judge; which is the next considerable, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Doth our Law judge, etc.   

〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, judge.  

Varr. de ling. Lat. lib. 4. & Non. Marcel. de prop. Serm.  Virtus à vi, say the Latin Critics, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the greeks. Both Rome and Sparta so honoured warlike prowess, that they esteemed it as the Sovereign of Virtues: yea, so much, as that they would have the name of Virtue in general to be deduced from strength and war. Yet Agesilaus, a Spartan Prince, no less honourable for Prowess then justice, would notwithstanding measure his greatness by justice, not Prowess. For hearing some name the Persian Monarch according to his affected title, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Great King, he taunts the swelling title by a question of comparison, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; 
Plut. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  I pray you in what can he be greater than myself, if he appear neither wiser, nor juster. And although he knew well enough which way the stream would go in the Lacedæmonians judgements, honouring valour above all virtues, yet being demanded which was the Nobler, Fortitude or justice, he gave sentence on justice's side, and showed his reason in his answer, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Fortitude is but the guard of justice; and were 
Plut. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  there no Traitors that would violate her, we needed no 
Ambr. de office lib. 1. cap. 28.  valour to maintain her. Saint Ambrose makes good her excellency by comparing, if not preferring her to another virtue, of no less eminency in a Christian, than valour in a Spartan▪ Beneficence. Dividing the whole frame of humane society into two parts, justice and Beneficence, of the two (saith he) justitia mihi excelsior videtur, Liberalitas gratior: illa censuram tenct, illa bonitatem. They are not unlike the two sisters, Leah and Rachel; Birthright prefers the one, Nature the other: justice is royal, Liberality beautiful. A Sceptre becomes the one, Mercy adorns the other: Authority is the Crown of justice, Bounty, 
Bern. Serm. paru. Ser. 11.  of Liberality. S. Bernard anatomizeth justice some what more curiously; dividing her, not as a sister from Beneficence▪ but as the whole into her two parts, Beneficence and Innocency. Now, saith he, Innocentia justitiam inchoat; Beneficentia consummate. To do no wrong is the beginning of justice; to do right the perfection. It begins in Innocency, it ends in Charity. So that Agesilaus 
Xenophon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, To abstain from oppression, was but justice in its Innocency: it must be the Suum cuique tribuere, to give each man his due: to help the oppressed that can crown it with Beneficence. And indeed justice in this her perfection, is the Queen of Virtues, excelling all the rest, by how much a common good which she only respects, exceeds a private, or personal, in which the acts of all, (at least, the most of all) the rest are terminated. But this Theme of justice is too large a field to run over in the few remaining minutes of an hour: wherefore we will pass by it to view, and but view its act, judgement. Briefly 
Aquin. 22. q. 60. ar●. 2.  then, the Learned have as sufficiently, as concisely determined, and confined just judgement unto three conditions; by the defect of any of which, the judgement becomes unlawful. First, it must be according to the rule and square of justice; otherwise it is perverse, and so unjust. judicium justum judicate; judge righteous judgement: joh. 7. 24. Secondly, it must proceed from just authority; else it is usurped, and then the party accused may justly demand of such a judge, as the Egyptian did unjustly of Moses, Quis te constituit judicem, etc. Who made you a judge over us? Exod. 2. 14. For he can have no power, except it be given him from above: joh. 19 11. Thirdly, it must be secundum rectam rationem prudentiae, by the approbation of reason and prudence: else if it proceed from suspicion or doubtful, and not manifest proofs, it is unlawful, because rash. And in that sense our Saviour forbids us at all to judge: Matth. 7. 1. and the Law in my Text agrees with the Gospel; Doth our Law judge a man before it hear him, and know what he hath done. But because this may seem to conduce to the office of the judge, it may lead us to the second part of my Text, the second necessary requisites to a good Magistrate. Which because according to the Apostles grant, I may exhort an Elder as a Father, I will touch: 
1. Tim. 5. 1.  and again, lest by a rude petulancy, or indiscreet presumption, I might seem, against the Apostles rule, to rebuke an Elder, I will but touch, and so draw to an end. First then of the first; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he must hear; the judge must   

Hear.  

Diligence.  The order of Nature in the manner of our sensitive knowledge seems to me to be a pattern of the order of justice in judgement. Let then common sense be Queen in the part sensitive, the utmost confines of the world of man. The outward senses are the witnesses infallibly presenting their objects unto her; of which after evidence presented from them, and not before, she can only judge. 'tis easily applied by the terms in the similitude. 'tis the witness that condemns the man, the Magistrate can but judge after witness; yet must he make diligent search: Deut. 19 18. He must stop one ear with Alexander against the witness, and reserve it for him that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and stands accused. Neither must he only hear, but hear 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from him. His ears must not be in his hands, that so by receiving bribes, against the 
Ambr. de of offic. lib. 1. cap. 28.  rules of Nature and justice, he should confound Hearing with Feeling. Quomodo potest esse iustus alteri, qui studet eripere alteri quod sibi quaerat? Saint Ambrose would fain have been resolved how it could possibly be, that a covetous man should be just, sith his care is only to enrich himself, no matter by whose goods. Wherefore Gods command is, that they take no gifts, Exod. 23. 8. Again, neither must his ears be in his eyes, when he reads any of my great Lords letters, either to the favour or prejudice of the prisoner. Cato was not more severe than just, when he would have judicem nec pro justis orandum, nec pro iniastis exorandum: A good Magistrate need not be entreated to favour the guiltless, and should not be over-entreated to succour the guilty. Wherefore if for fear of any great Ones the Magistrate pervert justice, he is in josephus' opinion injurious to the Almighty, and blasphemous against God. Quasi 
joseph. Antiq. jud. lib. 4. cap. 18  verò (saith he) is infirmior sit habendus quam illi, quorum potentiae metu, praeter ius fertur calculus. Nam Dei potentia est iustitia. God's justice is his Power; they than which less fear to oppose it, then displease men, fear men more than God▪ and consequently esteem them greater than God. Nor may the poor, if guilty, claim a pity. It is due to his adversity, not to his sin. Qui autem suâ 
Philo jud. de office judicis.  sponte se obstringit sceleribus, is non infoelix sed iniustus censendus est: He which voluntarily mancipates himself to iniquity, must not be pitied because poor, but punished because wicked. So Philo judaus instructs and receives his warrant from the Lawgiver; Neither shalt thou countenance a poor man in his cause: Exod. 23. 3. Ye must therefore decree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, according to God's judgement, 1. Pet. 1. 17. and according to his command; Respect not any person: Deut. 16. 19 Again, he must not only hear 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, from him that is accused, but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before he proceed to sentence. 
Set. Munster. Cosmog. de Vngari●.  Not according to that barbarous custom reported of Clagen, a Town in Carinthia, where upon suspicion they condemn the man, and after try the carcase: but according to the laudable manner of the Romans mentioned in holy Writ; It is not the manner of the Romans for favour to deliver any man to death, before he that is accused, have the accusers brought before him, and have place to defend himself concerning the crime, Act. 25. 16. But of 
Budaus come. Grac. fol. 1349.  this before. To return then: Budaeus notes two other significations of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The first is, Interpretari, to interpret. Notwithstanding, indeed the Law written hath been heretofore said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for the most part the guide of judgement; yet because men's actions by their several multiplicity may seem to be infinite, and from thence may arise sundry particular cases, which the Law in its general mandates seems not directly to aim at, nor foresee, by reason of diverse circumstances, perchance extenuating the nature of the fact, it would seem harsh, that these should 
Aristot. Eth. 5. c. 15.  be censured by the rigour of the letter. Wherefore in the judge's breast there may rest an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ or middle equity, tempering justice by the milder interpretation of her Law, lest she should seem severe, yea, even to injury: yet so proportioning the Law to the fact, that it may not seem 
Esth. 1. 19  violated, but mitigated; not neglected, but perfected. Artaxerxes could not recall his sentence by the Persian Law, but he would ofttimes assuage 

Erissonius de Regibus Pers. lib. 1.  
Tertul. Apol. adversely. Gent. cap. 4.   it, cutting off the head-tire for the head. And no less humanity was in the Emperor Severus, whom Tertullian testifies, Suffundere maluisse sanguinem quam effundere; He had rather punish rubore, then morte, by shame then death; and it was esteemed a better tempered justice for a light offence, by a blush of shame to bring the 
Hugo Card. in Eccles. 7. 18.  blood into the offender's face, then by the axe of execution to spill it on the ground. And this equity the Preacher approves, by disallowing its contrary; Be thou not just overmuch: Eccles. 7. 18. he showed his reason in the precedent verse; For there is a just man that perisheth in his justice: Vers. 17.  
The other sense of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Intelligere to understand, or know which leads me to the next general requisite to a good Magistrate:   

Knowledge.  

Knowledge.  How necessary knowledge is to a judge, may be somewhat evident by the meaning of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in my Text, which is to judge; but hath a nearer signification, secerno, to separate, or divide one thing from another by election or refusal, which intimates a knowledge. After God had promised Solomon his request, 1. King. 3. 5. he answers by ask in the ninth verse, Give unto thy servant an understanding heart, that I may discern between good and evil. Wherefore because experience is the mother of knowledge, and age most grounded in experience, the jews Governors were the Elders of their Cities. Not unlike which Magistracy, was the Athenians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not to be better expressed then by a third example, the Romans Senate. But, not to walk upon this beaten track, my Text briefly appoints two things most especially to be known. The first is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, what it is that is done; whether an easy slip, or a foul transgression; and (as Hugo Cardinalis comments) 
Hugo Card. in. S. Job. c. 7. v. 51.  ad quem finem, for what intention, for that measures the action. The second, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, what is done, in act, not intention, for that makes the intention complete. But the time checks. A word of exhortation, and so an end.  

To the judge justice Hutton  Though I doubt not (Right Honourable) that your wisdom may prevent my admonition, yet I know a vocal warning, especially from a Pulpit, the Oratory of God, hath its special force and peculiar energy. Philip of Macedon knew well enough that he was a man, yet he would every day be told so. Wherefore I beseech you, and not only you, but all the inferior judges, even to jurours, and the like, to whom the whole scope of my Sermon is as applicable, as unto yourself, that you will bear a few words of exhortation. They are but a few. To day is Dies Criticus, a black and gloomy day of judgement: a little Doomsday, a type of the great one. When ye therefore judge, consider with yourselves seriously these few particulars. First, what you are that judge. Sure you'll blush when you call to mind: Dust of dust, a clayie lump, a heap of 
Psal. 82. 6, 7.  ashes. Terraterram iudicat, Earth judgeth earth. Now ye are gods, but you shall die like men: to day you take away life, to morrow you may lose your own. Nor are you exempted from the common lot of humane misery. Now is the prisoners course, very shortly may be the best of ours. If then you pervert justice while the staff is in your hand, expect a deserved misery; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
H●m. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  God will punish you, legetalionis, by a just Law of parity. Vae qui pradaris, etc. Woe unto thee that destroyest: When thou hast made an end of doing wickedly, they shall do wickedly against thee: Esay 33. 1.  
Go too then, grind the face of the poor; accept persons in judgement, oppress the widows and fatherless crying for justice; shed innocent blood. But stay, and hark, the Preachers trump summons thee before God by a fearful Scito, Know that for all this thou shalt come to judgement: Eccles. 11. 9 Thou mayest indeed kill the innocents body, but ex ore tuo condemnaberis, thy sentence shall rebound, and by a mortal recoil pierce thine own soul. Secondly, consider in whose place you sit. In the seat of God, the just God, and the merciful God. Sing therefore with David in your actions both mercy and judgement unto the Lord. Destroy betimes all the wicked out of the land: Psalm. 101. 8. yet be merciful also as your Father is merciful: Luk. 6. 3. 6. Thirdly, remember in whose presence you judge: again, in the sight of God, a just God, a jealous God, a terrible God, a God that will avenge unto the third and fourth generation. Harken then unto the caveat of Malachies' memento; Remember ye the Law which he commanded, with the Statutes and judgements: Malach. 4. 4. For it is a fearful thing to fall into the hands of the living God: Heb. 10. 31. Neither deceive yourselves with a vain secrecy, saying, The Lord shall not see, nor the God of jacob regard. Shall not he which planted the ear hear? or he which form the eye, shall not he see? His eyes are ten thousand times brighter than the Sun; darkness is to him as the noon day; yea, the righteous God searcheth the heart and reins: Psal. 7. 9 justice is God's honour, and the Lord is jealous of his glory. If therefore you transgress, he will surely find it out. The offenders indeed of man's Law may escape the punishment, saith the Heathen Xenophon) 
Xenop. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, some by a privileged greatness; some by a subtle privacy: but they that transgress against God's Law, must needs undergo the censure, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Wisd. 16. 15.  (as the same Author) which a man can by no means avoid: for it is impossible to escape God's hand. Can any hide him in secret places, that I shall not see him, saith the Lord? Do not I fill Heaven and Earth, saith the Lord? jer. 23. 24. If therefore ye are rebellious, and companions of thieves, every one loving gifts, and following after rewards; if ye judge not the fatherless, neither suffer the widow's cause to come unto you, Thus saith the Lord, the Lord of Hosts, the mighty One of Israel; Ah, I will ease me of mine adversaries, and be avenged on mine enemies: Isai. 1. 23, 24. Fourthly and lastly, think seriously whom you judge: the answer to which brings me to a point in my Text, hitherto of purpose over-passed, that the Law and justice might be handled together. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, A man. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Doth our Law judge   

A man? etc.  
A man? Nec ampliùs dicam, nec opus est; I can say no more, nor need l. A man; the Image of God; a walking world; the work of a Trinity: Let us make Man, Gen. 1. 26. A man: thy brother the begotten son of thy natural father Adam; thy brother, the politic son of thy Civil Father, the Prince; and again, thy brother, the adopted son of thy heavenly Father, God. Vespasian had a combat between his Office and Nature: justis supplicijs illachrymavit & ingemuit, as Suetonius; He was an Emperor, therefore must needs judge and condemn; he was a man too, and therefore by as great a necessity he must sigh and pity. Learned Athens, was not void of a moral piety, and even that is always attended with mercy. 
Suet. in Vespas. Postellus de Mag. Athen. cap. 25.  Their chief seat in their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, their iudgement-hall was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, jovis liberatoris: Their chiefest God was their pardoning God; the crown of sovereignty is mercy. Holy Scripture honours it as much, nay more, making it a title of the true God, yea, and that a great title, for, His mercies are above all his works. Himself will be styled, Pater misericordiarum, the Father of mercies, 2. Cor. 1. 3. And to induce us Patrizare, to be like our Father in an easy clemency, he leaves us mercy as an inheritance, and reward of our mercy: Blessed are the merciful, for they shall obtain mercy: Matth. 5. 7. Yet, as man indeed bears the Image of his Creator, and aught therefore to be seriously tried before condemned; so also a notorious malefactor bears the mark of Satan: he hath defaced the Image of God in himself, and aught therefore to be punished. Vice corrupts his Nobility, sin deprives him of pity; Thine eye shall not spare him. Deut. 19 13. For he which justifieth the wicked, and he which condemneth the just, even they both are an abomination to the Lord, Prou. 17. 15. To conclude. Blessed is that soul which can be the seat of God. Which is that, saith Saint Bernard? Himselfanswers, The soul of the just: for justice and judgement are the establishment of his Throne: Psalm. 89. 14. Do justice therefore in these three things; Red superiori, Red inferiori, 
Bern. de Aduen. Dom. Serm. 3.  Red aequali, cuique quod debes & dignè celebras adventum Christi parans in justitiâ sedem suam: Give to thy superior, give to thy inferior, give to thy equal; to every of them what is their due: so shalt thou religiously welcome the graces of God into thy heart, and thyself in justice be established the holy Temple of God. Where if thou prepare him a residence in this life, he will provide an eternal mansion for thee in his new jerusalem of the World to come, whither he of his infinite mercy bring us. Amen.  
Deo Trino Vni Gloria.  
FINIS.    

Errata.  
In the Latin Epistle, the second page, line 4. for sololes, r. soboles. p. 3. l. 9 r. well. l. 12. r. lo●, p. 5. in the marg. r. Gillibertus in Cantic. Serm. 30. p. 10. l. 7. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.