THE PARAGON OF PERSIA; OR THE LAWYERS LOOKING-GLASS. Opened in a Sermon at S. MARY'S in Oxford, at the Assizes, the 7 day of july, 1624. By WILLIAM HAYES, Master of Arts of Magdalen Hall. Terent. Adolph. Act 3. Scen. 4. Inspicere, tanquam in speculum, in vitas omnium jubeo, atque ex alijs sumere exemplum tibi. Make others practice as a Glass, to show, What thou must do, & what thou must eschew. AT OXFORD, Printed by john Lichfield, and james Short. Anno Dom. 1624. TO THE RIGHT WORSHIPFUL Sir RICHARD GIFFORD Knight, the much honoured Patron of my studies, together with the religious Lady his wife, all grace and happiness, etc. Right worshipful, THis was once the Preface to David's thanksgiving, What shall I render? & in a borrowed sense it may be mine Quid retribuam? Can I imitate his resolution, I should not give that which cost me nothing, 2 Sam. 24 (for so I value my best endeavours, when they are counterpoysed with your merits.) I know my dependence & engagements, & find myself guilty of too weak performance: yet such as I have, my piety makes it Gods, and my duty, yours. And I wish the worth of this, which I present unto your hands, could as easily satisfy your deserts, as the sight of it will many men's requests. Then might the same favour, which hath sustained the Author, have greater encouragement to protect the works: Then might I hazard it among these severe eyes, which daily scan our shops and staules: whereas now the number of my Copies shall not exceed the number of my friends. Yet in this fewness, I congratulate my own providence, that I leave myself liberty to choose my readers; which (as nigh as I can) shall be only such, as either will respect this Task for my sake, or me for my own, or both it and me for yours. The very name in my Dedication, doth promise me to be speak some in David's compassionate language for Absalon, Deal gently for my sake with the young man. If so, let their love enjoy the use, & not grudge your deserts, the patronage. Thus while you encourage me with your Countenance, & they with their acceptance, I shall praise God for his mercies, & solace myself in your favours. So resting in hope of this happiness, I attend you with my prayers, which shall be incessant both for you and yours from Your Worships in all duty and service unfeignedly devoted WILLIAM HAYES. 〈◊〉 Oxford this 20 of july, 1624. ESTER 1.15. Part of the verse. What shall we do unto the Queen Vasthi according to Law? etc. THis Text may persuade you, I am making towards Persia, to see the King banqueting with his Peers. A sight as well worth your notice as my pains. Let your thoughts but accompany me, I will undertake to show you Ahasuerus, whom a joseph. Antiq. judaic. lib. 11. cap. 4 1. Esd. c. 3. josephus and others call Darius Hystaspis, sitting in his royal palace; where (that Persicus apparatus) his stately compliments in entertaining his subjects, proved him not more a Prince than a Persian. Such was wont to be the port of that nation, that they would surpass other Countries as well in magnificence as dominion. Insomuch that one b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In hist. à Photic excerptis. Ctesias and Dion deliver in their histories; that the King had at meals 15 thousand a day in his Palace. Now to make up the solemnity of those meetings, Ahasuerus invites the Queen his wife, that her comely presence might add glory to his Festivals. But we find in the Text, she refused to come at the King's command. Serarius the jesuite (an enemy to King's prerogatives by his profession) hath the face to approve her disloyal action; and taxeth our Brentius for disliking her palpable disobedience. But he whose sovereignty might have made his word a law proceeds against her, not after his private humour, but according to law. To which purpose he appeals to his judges (fit oracles for a King in execution of justice) and refers himself to their advice. What shall we do unto the Queen Vasthi according to law? Wherein is set before us, 1 An offender to be adjudged; The Queen Vasthi. 2 Deliberation before judgement; What shall we do? 3 The level and rule of judgement; The Law. What shall we do unto the Queen Vasthi according to law? Begin (I pray) with the party to be sentenced, the Queen Vasthi. Quaeres about this woman could make me outrun your attention as far as some in this point do their reason. But I omit scruples concerning her person, & content myself with the evidence of her condition. The Text is manifest she was the Queen. Can any thing privilege disloyalty toward Kings, eminence and alliance might be fair pretences: but neither of these could yield her advantage. The reason is pressed by one of the judges in the 3 next ensuing verses. In effect it is this. The offence of the Queen an eminent person, would become exemplary, therefore must be censured with the greater severity. Such is the servile baseness of our disposition, that sin itself shall not want imitation. Nay c August. de pec. meritis. cap. 1.2.3. St Austin tells us, it was once the opinion of the Pelagians, That only imitation is the cause of original sin. That Father did not, and I dare not, yield to them for original; but I may safely for actual: especially for those offences, which gain countenance by a great ones practice. Nay, 'tis sometimes in fashion, to take the resemblance and pattern of a natural imperfection. d Tull. de oratore lib. 2. Imitari etiam vitia voluit: Let Caius Fimbria but speak clownish, 'tis hard but some Fusius will take up his language. e Plutarch. moral. Aristotle's authority, and Plato's estimation, can make sects of crump-backes and stammering tongues. 'Tis the unhappy privilege of greatness, to warrant both their own and Nature's errors. Hence it is, that so many unadvised idiots borrow their just ruins, taking up crimes on trust, that they may perish upon credit: for such are not swayed by reason so much, as by opinion. Let an admired Pharisee but say, CHRIST ought to dye; the vulgar dare blaspheme themselves to hell for his company, f Acts 7.51. As your fathers did (said Steven in the Acts) so do ye: you sin by prescription, and have authority for your damnation, Habet aliquid ex iniquo omne magnum exemplum, etc. As Cassius hath it in Tacitus. The example of great ones, doth wrong to all sorts. It teacheth the good to be evil, and the evil to be worse: for the lustre of their eminence adorns the deformity of their offences; and cheats the world with the fair garb of their persons; especially being beheld by such partial eyes, as cannot discern the truth of things from their appearance. When a peasant meets luxury in Socrates' gown, he dares to be such, having so fair a cloak for his sin. Ask but g Tert. Apol. Tertullian or h Aug. lib. 2. de civet Dei. cap 7. Austin, their censure on the gods of the Heathen; they'll tell you that no men were more incestuous, than they that were taught by their jupiters' practice. i Ter. E●…. And that wretch in the Comedian, would take leave to sin under his protection. What? jupiter memorable for fornication, and I so chaste, being but a silly man? Ego homuncio non facerem? Thus every slip is a crime in a Leader, since it doth become a rule of error. If a mean one offend, his sin is neglected as much as his person: but the supposed wisdom, gravity, and justice of superiors, win credit to their vilest actions. Well then might judge Mines in k Lucian. dial. mort. Lucian, acquit Sostratus on this condition, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, See thou teach not thy offence unto others. l Cyp. epist. 2. Scelus enim non tantum geritur, sed & docetur, saith Cypr. for such as these do not so much act, as teach offences. Therefore 'tis presumed, that the torments of such increase in hell, as the living increase in sin through their example. No marvel then that they are so afflicted in St john's vision; Who are so forward there, as the Kings of the earth, & the great men, and the chief captains; and the mighty men, to hide themselves in the deus, and in the rocks of the mountains? Rev. 6.15. They that once made the earth tremble with their power, do now tremble like the earth under the hand of the God of power. They that once did teach to offend by their examples, are now taught what it is to be precedents of offences. If God deal thus on his heavenly Tribunal, no reason his Deputies on earth should be partial. If he spare them least, whose offences are exemplary, then what shall be done unto the Queen Vasthi? Again, it is the custom of greatness, to challenge impunity, by reason of their eminence; so that in time they'll outface authority; then in this respect what shall be done unto the Queen Vasthi? The stamp of sovereignty is sacred; therefore quickly defaced by a rebellious hand. Touch not mine anointed, prevails nothing with a seditious mind; especially where the hand is as well armed with power, as the heart with disobedience. None but such as are able to make head, dare demand, Who is David? 'Tis conceit of equality that encourageth great ones, to a contestation with magistrates. They dare imitate Socrates, m Tul. 1. de orat. Qui Dominus videbatur esse judicum, whose proud innocence disdained the judges, and made his unmannerly zeal, laugh justice in the face. Should one ask herein the Athenians advice, they would prescribe an Ostracism, banishment at least for such daring offenders. As Cato persuaded the Senate in Rome, that Carthage was an enemy too powerful to be so nigh them. Then the security of the State must be purchased with the ruin of Carthage. Laws had never resembled cobwebs, had there not been such strong offenders. The feeble gnats yield to the least resistance, whereas violent fowls will not be restrained by such contemptible engines. 'Tis easy to vanquish an unarmed slave, and to insult on the weakness of a manacled captive: but to subdue those that like him in the Gospel, neither fear God, nor care for men, requires both power and resolution. Or howsoever these high transgressors may escape man's judgement, or n 1 Cor. 4.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Man's day, (as Paul calls it) yet the Lord of hosts hath a day, if they'll believe Esay, which shall be upon every one that is proud and lofty, and upon every one that is lifted up, and he shall be brought low, And upon all the Cedars of Lebanon, that are high, & lifted up, and upon all the oaks of Bashan. 2 of Esay. They shall then confess with vanquished julian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thou hast overcome, O Galiaean. This outbraving wretch (as o Theod. Ecclef. hist. lib. 3 cap. 20. 'tis in Theodorit) that but now did swell with vaunting threats, lay grovelling on the unwelcome ground, when he apprehended the terrors of God. Such acts of divine justice, prescribe courage to temporal magistrates, and bid them not fear the most puissant offenders. This also we learn of humane policy: Then what shall be done unto the Queen Vasthi? Now to make way for resolution, may it please you to examine, how her condition doth agree to this our occasion. Our Land doth afford many Vasthis, eminent offenders; the authority of whose persons, draws others to second them in their crimes. It is pestered also with powerful offenders, whose daring greatness doth promise them immunity from punishments. But the merciful justice of our gracious Sovereign, doth with Ahasuerus, depend on his Assessors, for the censuring of these enormities. I could carry back your memories but a few scores of years, and there show you a King of this land, relying on the judge's determination, What should be done unto the Queen? There are more which admire his impartiality, then approve his fact. But our present happiness, bids me confine my speech to our own times, and apply to your consciences a noble precedent for your happy proceed. That sincere Court, whereof your Honours were lately members, durst adventure on the States most potent enemies. They had, I presume, both your approbation and assistance. Wherefore, ride on, ye men of renown, and prosper; good luck have you with your honour. You may in your circuit meet with such, whose power doth arm their crimes, and makes them sin authority in the face. Therefore let me bespeak you, as the Prophet did that God whose dispensation doth term you Gods: you ask, What shall we do? I answer in his words, p Psal. 83. Do unto them as was done to the Midianites, unto Sisera, and unto jabin at the brook of Kison, which perished at Endor, and became as the dung of the earth. Let an impartial doom pursue their transgressions, and let their due shame attend them to their graves. q Non tam ut ipsi pereant, quàm ut alios pereundo deterreant. Senec. Seneca shall give you the reason: Not so much that they may perish, but to terrify others by their perishing. r 2 Sam. 24 17. I have sinned (saith David) I have done wickedly, but these sheep, what have they done? His conscience thought the punishment preposterous, that his people should be led as sheep to the slaughter, and yet he escape his deserved censure. And among us how many silly sheep sacrifice their cheap lives to appease the law for their offences? whereas eminent transgressors, that sin with an high hand, make shift to fly above the reach of justice. I fear, sometimes they borrow wings of that Dove in the Psalms, which is covered with silver wings, and her feathers of gold, Psal. 68 'Tis they that sin, they that do wickedly, and in comparison of them, these sheep, what have they done? The punishment of these impotent wretches, doth not argue the judge's valour, but the law's justice. The edge of authority will be thought but dull and grown rusty, except it wound others, beside them that cannot make resistance. 'Tis mercy to let those no longer live, in whom imprisonment hath left scarce life enough to dye. So that did we not perceive in them speech, whereby the Philosopher distinguished men from beasts, we should scarce distinguish these from carcases. There they stand arraigned, not more the prisoners of the King, then of death. Some of them have lived long enough to see their lasting calamities outlive their friends and fortunes: insomuch, that their aged eyes can do them no other service, but see themselves miserable, and weep for their distress. That our Laws do vanquish these half-dead vassals, proves them (I confess) impartial, yet nothing powerful. s Consent of time. Cambyses would show, what his tyranny could invent, and what his hand durst execute, by shooting a great man's Son to the heart. Then doth appear the force of our Laws, and the courage of our Magistrates, when Phoneas-like, they thrust the sword of justice through the noblest transgressors: He was only to sacrifice for the sin of the people; yet he durst sacrifice t Zimri and Cosbi. Num. 25. two Princes of the people for their daring sin. A fact that deserved not more thankes from the jews for its benefit, than it doth from us for its example. But by persuading impartiality to great, once, I intent not to procure impunity for inferiors; No, n Quisque exercetur paenis, veterumque malorum Supplicia expendat— Aen. 6. Quisque excercetur paenis, etc. We have a good rule from Ezekiels' Prophecy, The same soul that sinneth, shall dye, Ezek. 18. If the same, than the mean as well as the mighty: for though they are not so hurtful, yet they are as guilty. And yet they are hurtful enough too: for what they want in power, they make up in number. A x Varro auctor est, à cuniculis suffossum in Hispaniâ oppidum &c Hist lib. 8. cap. 29. pli. Town in Spain may as well be undermined with Coneys, and another in Thessaly by Moles, as by the strongest pioneers. United force in contemptible complices, may be answerable to more powerful machinations. Therefore let justice have her due course on both sides: and let the Emblem make her hoodwinked, but not blind. Let her see offences only, and punish them; but not offenders, lest her connivance spare them. She had (I confess) well tutored the y T. Liu. dec. 1. lib. 2. Consul Brutus, when she taught him to play the executioner, and put off a father. So that when punishment was inflicted on his children, before his eyes, he rolled see the malefactors, but not his sons. z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Rhetor. 2. And passionlesse Amasis could endure the Lictors to shed his child's blood, without shedding of his own tears. Then is justice herself, when she can overlook Nature, and all respects whatsoever. Then will she take heed lest she misplace her mercy, and so make it degenerate into cruelty; for though there be no mercy in cruelty, yet there is a cruelty in some kind of mercy. Est quaedam crudelis misericordia, saith the proverb, and the mercies of the wicked are cruel, a Proverb. 12.10. saith the Holy Ghost. Now if justice spare great ones for their might, and mean ones for their misery, Haec est crudelis misericordia, this is a cruel mercy. Cruel to the State, in causing Laws, (which Demosthenes calls, the soul of a state) to be but dead letters. Cruel again to the Laws, in making them stales for men's sinister purposes. Then let the sword be brandished on all sides, and strike alike all ranks and conditions. And though charity to the State, allows me not to entreat for their lives; yet David's charity to their persons, bids me petition for their souls; Lord, let the sorrowful sighing of the prisoners come before thee, according to the greatness of thy power preserve thou those that are appointed to dye, Psal. 79. And so from the person to be adjudged, I pass to deliberation before judgement, What shall we do? In doubtful actions, Aquinas 1a 2 ae, makes deliberation the first act of our reason, and will have judgement come between that and election. So noble is the souls natural progress, that she resolves on nothing, hand over head, but upon mature advice. And 'tis well that a King, a god on earth, can remember, he hath so much of man about him, as that he needeth this consultation: for he that contemneth all advice, is below a beast, he that wanteth none, is above a man. It were to be wished, that all good Princes might enjoy saul's prerogative to overtop the people by the head as well as outreach them b Longae Regum manus. Adag. with the hand: or all might with Solomon, have hearts as large as their dominions. But they must content themselves with that abridgement in Euripides, c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eurip. One man cannot see all; and with that other in Tacitus, d Nec unius mens tantae molis est capax. Tacit. One man cannot bear all; Answerable to that of jethro unto Moses, This thing is too heavy for thee, thou art not able to perform it thyself alone, Exod. 18. The head might quickly draw the members to inconveniences, were't not for intelligence from the eyes and ears. Therefore the King, the head of Israel sometimes, must inquire where the Seer dwells: And who is fit to be the Seer of Israel, than Samuel that judgeth Israel? His discerning thoughts must both see the people's duties, & foresee the Prince's dangers: Wherefore both Prince and people repair to him as to an Oracle; with (Quid agendum) What shall we do? Happy State of ours, where the coactive power, thus submits itself to the guidance of the directive! & thrice happy Sovereign which can hear his power flatter him, that he may do what he will, yet so yields to convenience, that he will not do what he may. Hence it is that he scarce attempts any thing, but as 'twere with this Motto, Quid agendum? What shall we do? Men in their Panegyrickes may style him a Solomon, a mirror of wisdom: of late especially he hath made it good; and never gained a greater opinion of wisdom, then when he least relied upon his wisdom. In high matters of deepest consequence, it is his usual Parliament-phrase, I crave your advice. Such was the mild method of glorious Constantine, when he allayed the jars of disturbed Christendom, e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Socrat. eccles hist. l. 1. cap. 5. He cried not out, This I will have done, but meekly entertained the whole Counsels resolution. Blessed time when a man's tongue may be as free as his opinion; and when he may with Tacitus, f Rarâ temporum faelicitate, ubi sentire quae veli● & quae sentias dicere licet. Tacit. procem. hist. not only think what he will, but also speak what he thinks. Let the like happiness of ours be a joyful memorial for ensuing ages and let unborn posterity have cause to triumph in the matter of our glory. But I leave this consultation in business of State, and pass to deliberation before judgement, Quid agendum? What shall we do? g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. 3. Eth. Things of small importance, may for a while possess our fancies, but seldom take up our serious thoughts. We can here quickly resolve, This we will do, whereas weighty affairs deserve pawses and demurs; What shall we do? You are now (beloved) in Ahasuecus case, expecting when the judges will pass their sentence: The one upon men's estates, the other upon their persons. The least is a matter of no ordinary consequence; I need not exhort either judge or Iurer, otherwise than God enjoined in the like case, Thou shalt inquire and search, and ask diligently; in the 13 of Deuteronomy. Questionless he well weighed the value of a man, and prized his life at an higher rate, then to have rash decrees make havoc of his blood. h— meruit quo crimine servus Supplicium? quis testis adest? quis detulit? juu. Sat. 6. Such a cause deserves an earnest enquiry, concerning the matter of the objection, the reputation of the witnesses & the disposition of the accusers. i Targ. jonath. in Num. 9.8. Rabbi jonathan observes of Moses, that being to examine ordinary inditements, he did hasten; but in the cause of those that were to dye, his sentence was not so speedy. In Targ. k Nulla unquam de morte hominis cunctatio longa est. Juven. ibid. No delays can be tedious, no pains superfluous, no interrogatories frivolous, when a man's life depends on the judges and Iurers diligence. His life, which Satan perceived to be so much worth, that a man will ransom it l job 2.4. with all he hath. Precious gale of breath, that cost the mother so many pangs and throes to bring it forth! that cost its owner so much care to preserve it! so much tenderness to cherish it! and must he now at last, through the malice of accusers, or the perjury of witnesses, be deprived of it, which for want of deliberation are not discovered? m Ulpian. How doth old Rome, that allowed nine hours for defence of each petty cause, condemn our overture, and our hasty proceed? shall they have such large respite for their estates, and we so little for our lives? Well may the life of man be termed a bubble if it deserve but such a momentary trial. But observe the Holy Ghost, Deut 19 The judges shall make diligent inquisition; which implieth long advice, and mature deliberation. But while I exhort to deliberation before judgement, a tedious suit long depending, prevents my exhortation. The forlorn Client is tired out with delays, while his Advocate demurs about his cause, as long as n Deliberandi unum sibi diem postulavit, etc. Cicer. de nat. Deorum. Simonides did about the nature of GOD. Hieron must first allow him a day, afterwards two; at last the longer he was about it, the less he had determined. Thus while they are consulting and doubting what may be done, the deluded Client is quite vnd one. o Charron of wisdom. Therefore a certain Lawyer doth advice every King to abolish that pernicious mystery of pleading: you see, he makes bold with his own profession; but I forbear such peremptory and tart language; and reprehend it no otherwise then mild Ismenias did his Scholars, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, p Plut. in vit. Demet. It ought not thus to be. No, it ought not to be, that the Lawyers (What shall we do?) in a pretended deliberation, should drive the Client to his (Quid agam?) in an exigent of passion, and so make him cry with those in the Acts, which were pricked at the heart with sorrow and anxiety, Men and brethren, what shall I do? I am now a companion for that distressed Steward, q Luk. 16.3 Dig I cannot, and to beg I am ashamed. Those many acres which I once possessed, are through lingering suits brought to six or seven foot to hide my carkeise. Neither can I enjoy that, without the submiss Epitaph of Cyrus; r O homo, ne mihi sepulturam invideas. Cons. of time. O man, envy not unto me this small parcel wherein to bury me. Thus having nothing left of what he was, but the remembrance, he passeth from a tedious judgement on earth, to one in heaven more speedy, such as Paul tells us, shall be in a moment, in the twinkling of an eye; and he that wanted the favour to be judged here, may have the honour to be a judge hereafter. Know ye not that the Saints shall judge the world? 1 Cor. 6.2. Their nimble thoughts shall not be clogged with needless demurs, but will instantly approve what the supreme judge decrees. And Lord, let this cheerful expedition hasten the zeal of our earthly judges, that thy people may have quick dispatch from misery, and thy truth an increase of its due glory. And lest thy Vice-gerents should through misprision or connivance be misled; give them understanding to know the law, and grace to follow it as their un-erring guide, which is my last part, The level and rule of judgement The Law. What shall we do unto the Queen Vasthi according to Law? The positive Law, and Man, were once of an equal extension; One Law, and one Man. That Law accidentally taught him to know Sin; the increase of Sin hath taught his posterity to know good Laws. Ex malis moribus bonae lages. When the Laws of nature would not serve the turn, humane power, put on Majesty, and angry justice learned how to discipline their enormities with a rougher hand. So that at last, variety of Laws began almost to prevent their crimes; justinian makes them s Instit. lib. 1 Tit. 2. Nationall & Civil. Those, natural reason made common to every Country, these upon particular occasion, were peculiar to such a society. t Aquin. 1a 2 ae. quaest. 94. art 3. Therefore 'tis the rule of Aquinas, that a Law must agree with time & place, 1a 2ae, q. 95. art. 3. It seems there was some Law proper to the Persians, that took hold of the Queen's disobedience. And it was a good precedent of the King, being above that Law, to submit himself to the direction of the Law. What shall we do (saith he) according to Law? Hereby a King is distinguished from a Tyrant. The King doth measure his attempts by justice; the other, justice by his power. The Tyrant's force is his equity, and the sword his duty. Laborious cruelty is but sport to his guilty hands, till his wild & unbridled passions have run out of breath in a curreer of blood. The pleasure of Commodus was Law enough to warrant the mangling and massacres of his subjects, by making them enter the list with beasts. O that excess of power should so transport one beyond nature, as that his will should be all his reason, to rank men with creatures so unreasonable! wherefore one in Seneca would have those to be least free, which have power to be most guilty: and wisheth it not lawful for such to have liberty to do that which is unlawful to be done. But what? Shall any dare to limit sovereignty, and prescribe Majesty its duty? shall he that enjoys the subjection of others by the law, be subject himself to the law? No, in no other sense then that of Aquinas. Quantum ad vim directivam non coactivam, in 1a 2ae of his Sums. Not that the law should draw him by compulsion, but lead him by directive persuasion. v In Decret. lib. 1. Tit. 2. Cap. Cum omnes. If he conform his actions to the prescript of the laws, it is of his own accord, if he do not, is he liable to acount? Yes, but it is only to God. Against thee only have I sinned, saith King David. Psalm. 51. Those modest times had not the face to capitulate with their Sovereigns. The pride of faction had not yet hatched this rebellious doctrine, That if Kings obey not laws, subjects have leave to disobey their kings No; let it glory in no ancienter author then New Rome; and in no better success than confusion. And seeing it owes itself to jesuited Patrons, let it be banished this land together with their persons. And let them whom it concerns be inquisitive for autorized Raviliakes, such as do not value the price of a man, much less of a Prince: otherwise a fee should never persuade them to hazard their own lives; nor to rifle for a few pieces of coin in the bowels of their Sovereign, and so sell his dear blood for an hours' wages. But while I exempt Princes from humane censures, I encourage not their neglect of humane laws. The law is the life of a state, & their practice is the life of the law. Then it concerns them that have most power to violate laws to have most care to fulfil them. x Non tam imperio nobis opus quam exemplo. Plin. Pan. Else the imitating vulgar will grow unruly by the example of their Rulers. Which his Majesty implies in advice to his son in 2d book of his Basilicon Doron. Wherefore himself, measures not the law by his own will, but conforms his will to the measure of the law. This is his practice; & this is the duty of all judges: What shall we do according to law? Which words admit of a double sense. First, According to law; that is, as much as the law inioynes. Secondly, According to law; that is, No more than the law intends. And first of the first sense; as much as the law inioynes; What shall we do according to Law? z justinian. lib. 1. Tit. 2. institut. That Imperial giver of the law, makes giving every one his own the end of the law. And I desire no juster distribution then S. Paul's, in 13 to the Rom. The Magistrate is the minister of God, to thee that dost well, for good, but if thou that which is evil, be afraid. The law than doth assign to every public action, Reward, or Punishment, as its due guerdon. The least open good may challenge some reward; if thou gain nothing else, yet the Apostle promiseth, Thou shalt have praise: But if thou do not well, sin lieth at the door; God made it the doom of Cain, and the law makes it thine. Sin lieth, that is, punishment, the reward of sin; by an Hebrew metalepsis, as I am warranted by a Parae. etc. in locum. approved authors. Now this punishment without the Law were but a wooden sword in the hand of a grim Antic, able to awe none beside fools and children. But if authority come armed with laws, the sinews of State, it can strike terror to the stourest heart. b justinian. in proaem. institut. No marvel then that the Emperor thought Majesty but adorned with arms, and to be armed with Laws. Then let any piece of this furniture be laid aside, malice will levelly its aim at that open part. Whether it be the helmet for the head, or the breastplate and shield for the body politic. Those helmet-lawes which do fence the head are of the greatest moment. Seeing on the safety of that, depends the welfare of the whole State. Our glorious Head hath received in this kind, from the providence of Ancestors, armour of proof against all annoyance. Now bloody jesuits, those sly messengers of Antichrist, are always furnished with messengers of death: Thanks be to God, this body of ours hath escaped in the head; for God hath dealt with us, as with David; by his protection, c Psal. 140. vers. 7. he hath covered our head though we have, as it were, put off the helmet: I mean, laws to this purpose have lain in a long sleep and for good reasons of State, have not been executed. Yet we have with Achilles, received wounds in the heel, which are still fresh bleeding in the inferior people. They begin to putrify & to draw contagion through the whole body. But the sword is now unsheathed; you have is again in your own hands; 'twere pity it should ever be put up, till it hath cut off our homebred corruptions, and given all foreign factours their fatal blows. An ill man once spoke like a good Citizen, Act. 19 The law is open. And how can I use a stronger motive then to press your consciences with your free leave? His Majesty told you, he did for a while d His own word in his first speech in the Parliament, 1623. connive, but now again, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The law is open. It is open, I hope, for the judges to execute, it is open for accusers to implead. Then having against these main enemies the laws full advantage what shall we do according to law? The body of our State hath other pernicious adversaries that daily afflict it with continual wounds. The extenuating of murder by the favourable name of manslaughter, hath cost our King many a subject, and this land even streams of blood. 'tis not for me to censure the law; yet thus much I know; that the Law of Moses, and the law of conscience, will scarce admit some of our limitations. Doth a man come presumptuously upon his neighbour? God tells you by Moses, he shall dye. Ex. 21. But except he assault him upon long-studied malice, and purposed revenge, with us he shall not dye. We say he did it in his anger; and he slew a man, not murdered him. But old jacobs' prophetic spirit well known the mind of God; therefore suffered not his own sons so easily to escape. e Gen. 49.6.7. O my soul, (saith he) come not thou into their secret; unto their assembly, mine honour be not thou united, for in their anger they slew a man: he blames their anger only not their malice: yet mark what follows; Cursed be their anger for it was fierce, and their wrath for it was cruel, I will divide them in jacob, & scatter them in Israel. Here anger and the heat of blood could not excuse the spilling of blood. They felt the rigour and full weight of justice: yea the heaviest punishment that then was, a Patriarches prophetic curse. And in conscience such resolute hot-spurres deserve with us that Curse of Moses; the heaviest temporal one that now is, Cursed is he that hangeth on a tree, Deut. 21. Moreover blood is importunate; each drop whereof hath a tongue, and cries loud at the throne of Heaven. Or if that were silent, your own eyes are trusty witnesses of many a widow's tears. And the untimely death of murdered fathers bids their orphan children solicit your ears with their sad lamentations. I, but the death of murderers will do them no good; admit It do not; yet let not their life do others hurt. Let not the law's indulgence encourage their bold hands to the like attempts: but ere others feel again the extremity of their violence, let them first feel the extremity of your justice; and to the utmost that the law inioynes, let them know, What you can do according to law. There is also the swearer, whose tongue wounds the State, and like a sharp sword strikes deep even to the heart: hence it is that the land mourneth, saith the Prophet. No marvel that this sin is grown licentious, for they say, 'twas lawless and without the verge of justice. Till at last that honourable assembly of Parliament (which posterity shall admire no less for religion then for their wisdom) have restrained the freedom of this crying sin. It concerned your Honours to further such a religious purpose; not only for advancement of God's glory, but to enlarge your own liberty; for till then a blasphemous tongue might swear God and you in the face: you might tremble and blush you could not punish. 'tTwere pity this free crime (which Chrysostome counts f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tit. Hom. 15. Ad pop. Antioch. worse than murder) should longer violate the law of God, and Magistrates not be able to say, What shall we do according to law? I could show you other offenders, which haply among us are lawless; but with God they speed like S. Paul's Gentiles, which having not the Law, are a law unto themselves. Rom. 2.14. But I must hasten to the second sense, No more than the Law intends; of which exceeding briefly, What shall we do according to law? A depraved gloss may corrupt the Text; and a corrupt judge may deprave the Law. Thus truth that in the Orators time had strength enough for its own defence, is enforced to yield unto crafty violence. Christ also that original truth found the perverse Pharisee and pettifogging Scribe wresting the derivative truth to their own bent. g Lib. 2. contra Apion. josephus may brag of the jews privilege above other nations, in that they suffered no change in their laws; yet by his leave though they remained entire in words, they were much perverted in sense. Thus could the wit of iniquity overreach God's intentions, and enhance its own advantage by the misconstruction of his precepts. I wish that while we look upon those times in detestation, God hath not cause to look upon ours in revenge. I pray God the sword of justice do never among us become the Sword of Delphos, h Eras. Adag Chil. 2. cen. 3. that served for all purposes: as those gross flatterers abused it in the cause of Cambyses, who desiring to marry his own sister, was advertisd by them, that there was no law which allowed that copulation: but there was one, that he being their King might do what pleased him. How do such judges befool their Ancestors! intimating that they doted and spoke at random, for enacting constitutions no surer than the old oracles, that might admit of a double sense. well-deserving antiquity hath made this land of ours as happy as any; by leaving us so ample an inheritance of laws and ordinances. 'tTwere shame not to preserve them as inviolable, as those of Solon and the i Dan. 6.8. Medes, that suffered no repeal. Now to rack them beyond their literal intention, I count the highest degree of violation; Seeing extreme right is extreme wrong: and when a law is not executed at all, it argues but too much lenity, negligence or ignorance; but being wrested beyond its intent, and over-executed to a man's prejudice, it condemns the judge of unchristianlike malice. Then 'tis safest breaking the law in the jews extreme; who having charge and power to give k Deut. 25.3 forty stripes to a malefactor, would (as Paul witnessed of them) give but forty lacking one. 2. Cor. 11. That they came short, charity may hope 'twas commiseration of their brother in his affliction: but should they exceed the law, we might suspect their minds for bloody revenge. Then let the law of justinian be my last exhortation. l judex ne aliter indicet quàm legibus aut constitutionibus aut moribus proditum est. Institut. lib. 4. Tit. 17. Index ne aliter iudicet, etc. And as Balaams' fear engaged his fidelity concerning the word of the Lord; so let justice deal with your consciences concerning the word of the law. If Balaack would give me his house full of Silver and Gold, I will not go beyond it to do less or more, Num. 22.18. In which resolution the Lord make you prosper. So shall you be of their number that had their robes washed in the Revelation: and made white in the blood of the Lamb. This awful colour of State shall then turn to the pleasing lustre of glory. And as you live to glorify God here, God grant you live with him in his glory hereafter. Amen. FINIS.