MOSES OLD SQVARE FOR IVDGES. delivered in a Sermon in the Greeneyard in NORWICH, the 17. of july, 1631. By THO. REEVE, Minister of Gods Word at COLEBY in norfolk. LONDON, Printed by augustine MATHEWES, for John GRISMOND, and are to be sold by EDWARD MARTIN of Norwich. 1632. To all the Honourable Iudges of the Nation, uncorrupt Iudgement at their own Tribunals, and comfortable Iudgement at Gods tribunal. Honourable, and reverend Iudges: IF the name of a Law-giver be acceptable unto you, here is Moses; if just iudgement precious, here it is as lively, as truly deciphered; ye need not disdain this counsel, for it is the breathing of Moses wisdom, nor refuse to take measure by it, for it is the me wand of integrity; Yea, not Moses merely, but God jointly prescribe the orders, impose the charge; God and Moses, therefore I trust shall prevail with them that sit in the place of God, and execute the office of Moses; As ye learn much out of your own volumes, to inform your understandings, so take something from hence to quicken conscience; were ye never so sage and discreet, able to satisfy all doubts so soon as they are propounded, and to resolve all difficulties without a demur, yet practise is the praise and bliss of Iudges; to this ye are here urged, and incited; and oh feel the impulsives of this coun●aile, let not Moses mouth yet seem to be shut. Iustice exalts a Nation; Prou. 14.54. Oh as ye love your Nation, exalt it, which ye can never do, except ye bring Iustice into her full vigour. Iustice is en●eebled, the Nation depressed where there are wicked Iudges; there need no greater plague to a Country, nor Bane to a kingdom, then to have the Benches of authority infected. When the wicked are in authority, Pro. 29.2. Pro. 28.15. the people sigh. As a roaring lion, and a hungry bear, so is a wicked Ruler over the poor people. Davids greatest punishment that he would wish of God for that intestine enemy against him and the Church, Psal. 109.6. was this S●● thou a wicked ma● to be Ruler over him. How careful and faithful ought Iudges therfore to be to ease the griefs, and remedy the mischiefs of the Common-wealth. remissness gives Iustice the assault, but Corruption puts it to the rout; Let not torpulency therefore possess you in that place; but above all, let not bribery fasten vpon you; for if Iudges should look broad eyed after lucre, or go tracing after their own advantages, the whole kingdom were but a Burrow for them to ferret advantage out of. Oh therefore let every judge consult with his soul, and argue with his conscience vpon what secret purposes, and inward resolutions he took that high calling vpon him, and let every one be a judge to pass sentence upon himself how innocent, and inculpable he hath been, whether in his whole course the Glory of God, the Common good, and not his private, hath been his constant study, aim, exercise. Vpon this let every one ponder, for I boldly censure none, but humbly admonish all. And those Iudges that vpon these things can uprightly discharge themselves before God, and the world, what are they but the mirrors of worth, and the Wonders of government? their places have added to their Honours, but not to their sins, to cure a feeble estate, they have not wounded conscience; these Iudges engrave reverence into the hearts of the people, by their deserts whilst they are living,& when they die, people become half dead with them, their hearts aching, and their eyes trickling a long time after that they have lost the presence of such renowned memorable Governours. Thus let all Iudges dignify their callings, bless their places and Circuits, that wheresoever there be blemishes, enormities, yet the Iudges may be spoilesse. And thus with all humility, and due submission, I commend my Labours to your favourable construction, and your Labours to Gods gracious direction. Your Lordships in all Christian service and duty, THO. REEVE. MOSES OLD SQARE FOR IVDGES. deut. 1.16.17. I charged the Iudges at that same time, saying, hear the controversies of your brethren, judge righteously between every man and his brother, yea the stranger that is with him. Ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man, for the iudgement is Gods. GReat is the burden of Authority; not onely great the beauty, but great the burden; all feel it, the best most; Moses as stout, just, wise as any; — Fessa laba● m●h● ponders ceruix. Ver. 9. Ver. 10. yet the weight of this makes my shoulders shrink, saith he: Non possum sustinere, I cannot bear you myself alone; Non possum sustinere, quia non possum numerare, I cannot bear you, for I cannot number you. The Lord hath multiplied you, and ye are as the stars in number. What should one Magistrate, Moses, do with such a multitude? A Common-wealth, yea such an one as hath a Church for a title of perfection added to it, will not always live in harmony; — Sape coorta est se●stio, saeuitque animis ignobile vulgus. Ver. 12. No, there will be jarring strings, instruments out of tune, cumbrances, troubles, strife; and How can J alone bear your cumbrances, troubles, strife? A man may better bear any burden then man, or especially man in his turbulencies; Ye may think it easy( saith Moses) but it troubles my wits; How can J? Ye may suppose I can, and at pleasure; but I find it a matter of greater difficulty, yea even of impossibility. How can I? Though Moses got moral learning enough in Egypt, yea heaven acknowledged him for her Disciple, God vpon mount Sinah face to face teaching him mysteries for Religion, maxims for policy, informing him, Moses tremendi fidus interpres Throni Prudent. inspiring him, yea, Moses being the lively interpreter of the secrets of Gods Throne, yet he confesseth himself not gifted enough for this calling; I cannot bear, ye see in one place, How can I bear in another place. So that Moses must haue Helpers, Non potest sustinere, therefore he must substituere; He cannot bear all himself, therefore he must go borrow shoulders, go get Substitutes: Now for these he desireth that Moses might be found in every one, that as Christ when he went up to heaven, dedit Alium se, Aug. for the government of his Church, He gave another like himself; So Moses being to share his government, he would connay( if it were possible) a several Moses into every jurisdiction, that every one might resemble his pattern; Omnia Mercurio similis. Ver. 15. therefore he choose men as nigh as he can of his own endowments, and int●●rity; Wise, and known men. Wise for their iudgement, known for their behaviour; for what should people do with stupid, or sordid Magistrates? no, this were to make the Magistrate himself a burden. Magistrates not thoroughly qualified, are but daily eye-sores to the people, or lifted up to derision, fitter to beget more troubles, then to settle distractions: Therefore Moses himself Wise and known, herein shows both his wit, and grace in getting perfect extracts of himself, persons that should carry in them vive characters of his worth; full of perspicuity, and integrity of acrimony of judgement, and sanctimony of life; Wise, and known men; Well, these being the men designed deputed, why go they not abroad to show their lustre? no, they want one thing still, to hear a Charge; to hear a Charge, that must bear a Charge; and Moses was not more curious in his choice, then he is solemn in his Charge; for how exactly, pointly doth he here descant vpon government in her prime? hear the controversies of your brethren, judge righteously between every man, and his brother, yea, the stranger that is with him; And how doth he fortify them against all the Gloriosoes Pompaticks of the times? Ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man; and how piercingly doth he sum up all? For the iudgement is Gods: So that Moses doth here institute Iudges, and instruct them; that they might be as worthy, as necessary, here is counsel pertinent, pregnant. Moses charged the Iudges, and who hath more need of a Charge then Iudges? they are not to take up a chair of authority onely amongst their brethren, but to hear their controversies; and not to haue power in their hands to pleasure their friends, but to judge righteously between every man and his brother, yea to the very stranger that is with him; And though greatness may be formidable amongst the Infimates, yet authority itself is not to be daunted, awed by it; no, let these change colour before the Iudges, and not the Iudges dread them. Ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. What is the reason? because Iudges are not to render an account to these great men, but to the great God; his is the calling, his the Iudgement. The Iudgement is Gods. J charged the Iudges, &c. In the words observe. 1. An enforcement. I charged the Iudges. 2. The substance of it. hear the controversies of your brethren, judge righteously between every man and his brother, and the stranger that is with him. ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. 3. An Inducement. For the iudgement is Gods. First for the enforcement. I charged the Judges. In which consider 1. The nature of it, a Charge. I charged. 2. The persons vpon whom it is imposed, Iudges. For the nature of it, I charged. From whence observe, that for a weighty duty a Charge is of great validity to enforce it. Iussa caepessere fas est. Strict commands every one ought to undertake. Not hardy, but precipitate let his name bee that puts the dare vpon a Charge; a Charge leaves not a thing arbitrary, or onely gives counsel to perform it, but it goes under the nature of a precept, In praeceptis desudandum est. Thalass. 2. Hecatont. Deum judicem& vindicem habet. Bulling. in 2. Tim. 4. Importat rationem debiti. Tho. 12ae 99. q. 1. art. Tho. Aq. and men ought to sweat in performance of precepts; if the brow do not sweat in obediences the heart may chill in the neglect; for to neglect a charge is to enthrall to a curse. It hath God for the Censurer and avenger. Iustice is the form of it, therefore not to live in conformity to it is to abandon that that gives due proportion to all things, Iustice; it imports the nature of a Debt, and bee stands under the hazard of attaching, that pays not his debts. It hath prudence for the direction of it, the restraining of the concupiscible passions for the matter, and love and reverence for the motives; so that he that maketh a breach of a charge oppugnes wisdom, lives in vassalage to his own passions,& extinguisheth all love& reverence out of his heart. In all solemn things it hath been used as the thing most forcible; as in Mount Sinah when God would not bee eyed by man no further then he revealed himself, Exod. 19.21. to repress curiosity, Charge the people( saith God) that they break not their bounds to go up to the Lord to gaze; and that the disciples of Christ might not bee infected with the subtleties of false doctrines, and enchantments of Courtpompes, but that they might go on as men established in the truth, mark 8.15. and mortified towards all worldly delights, Christ charged his disciples saying, Beware of the leaven of the Pharisees, and Herod. And that Worldlings might neither be proud, nor penuriovs, 1. Tim. 6.17.18. Charge them that are rich in this world that they be not high minded, &c. And that they be ready to distribute& communicate. And Timothy himself that he might use fidelity& sedulity in his calling, saith Paul, I charge thee before God and the Lord Iesus Christ who shall judge both the quick and the dead at his appearance, Preach the word, 2. Tim. 4.1.2. bee instant in season, and out of season. So that Moses here doth not use any weak inducement, but a strong Enforcement. I charged, saith Moses. This serves to exhort, them whom this most concerns not to vilify, howsoever not to nullify the force of a Charge; Melamedh. à Malmadh. Non attendit verus obediens quale sit quod pracipitur, hoc solo content●● quia pracipitur. Bern. but with ears tingling to hear the tenor of it, and hearts melting to satisfy the sanctions of it. One word the Hebrewes put for a Charge comes of a word that signifies a Goad; as if a Charge should be as a Goad to force to obedience. A true obedient heart never considers how great a thing is commanded, but resolves vpon performance, because it is commanded. How can that bee counted a trivial thing, that is Charged? how can the neglect of that bee safe; that is, Charged? no, vilipend not a Charge, violate not a Charge; for great is the empery of it, it carrieth a viuid obstriction in it. Oh therefore go away with a sacred awe in your bosoms to what it imposes, enjoins; hold yourselves sub vinculo, bound over to obedience, Charged. I charged, saith Moses; not I exhorted, but I charged. The Iudges. Now let us come to the persons vpon whom it is imposed, Iudges. From whence observe, that it is not to break compass vpon very Iudges to impose a Charge. For is it impossible for them to haue their checks in government? may there not bee even a Reprobate under the scarlet Robes? hath the furnace of hell had never a fire-brand from the tribunal? doth the Compasser forbear to tempt where he sees the balance of iustice held out? no, the Serpent hath profestenmity to all the Womans seed, wheresoever the devill finds concupiscence to lodge, he endeavours to make it his port-hole to enter at. Oh that wee could find men so innocent that wee need not quake over their defections, persons so absolute that wee need not counsel them; these might bee mirrors fit for the bright eye of God to take full delight in; but alas such is our imperfect state that though the guilt of sin may bee remitted many, yet the inhesion of sin is in all; though the dominion of sin may bee removed in some, yet in none the pronity unto sin. Mat. 5.48. Demonstrat officium, said non potentiam. What man hath in him Perfection of degrees? no, this God requires, Be perfect as your heavenly Father is perfect; but it shows our outy to strive for it, not our power to attain to it; there may bee in us righteousness which( they call) the righteousness of the cause, but not of the person; the exercise of new-obedience may bee in us, but not the exactness; Optandum est ut fiat, conandum est ut fiat, supplicandum est vt fiat said quod factum fuerit confidendum non est. Aug. Erigat scalam& solus in coelum ascendat. Zozomen. lib. 1. c. 21. Comparatione non consummatione, Bern. Gratia non immobilitat. Aug. Tho. Aq. no, it is to bee wished it were so, it is to be endeavoured it may bee so, it is to bee prayed it should be so, but that it is so, it is not to bee believed. show me that friend of God that dare pled inviolablenesse of affection tewards his Maker, no he might then go set up a ladder and go alone into heaven, as Constantine told Acesius, the strict Novatian Bishop; such repurged creatures are not to bee had in this world; just men wee may haue, but they are rather just in comparison with others, then in completeness in themselves. Grace doth not stablish men in the service of God, never to fall; no, this is a perfection fit for the vpper Court, it is the privilege of Angels which are confirmed in grace: wee may bee free from presumptuous sins, but not from lapses: our chief honour lies not in perfection of goodness, but affection to it; as the purest body hath in it contrary elements, so the most regenerate man hath in him two natures. Iudges then, though never so wise, may err, though never so upright fail. do wee never red of wicked Iudges? yes, the sons of Samuel, were Iudges, but did they not translate judgement? or turn the outside of it? 1. Sam. 1.3. 1. Kings 21. what should I term it? they perverted it; the Elders of jezreel were Iudges, but did they not for a piece of royal paper, for a Court-charme condemn a man of high-treason? as if in jezreel to condemn men of high-treason were but the high-triall of a Iudges wit; and were those Iudges in the 1. of Habbacucke think ye in culpable, when the Law was dissolved, and iudgement did not go forth? 1 Habbac. 4. the Law dissolved, as if the joints of it had been taken out, and iudgement did not go forth, as if it had lain bedrid at the Bench. Remember ye not the saying of Solomon? I saw under the sun the place of iudgement where was wickedness, Eccles. 3.16. and the place of iustice where was iniquity; the very seats of authority polluted. There was a judge in a certain city, Luke 18.2. that neither feared God, nor reverenced man; though a Parable, yet parables speak not of impossibilities. So that the dignity and authority of Iudges do not privilege them from error, therefore these may bee charged? I charged the Iudges saith Moses. This serves to exhort Iudges not to count this work superfluous, much less rash to deliver a Charge to them. When I look vpon the dignity of your callings I behold this with an eye of reverence, when I look vpon your danger of digressing I behold this with an eye of fear. Caeca pericla. Propert. Caveant crimen magnum enim discrimen Aug. Even in judgement there are privy perils. Let Iudges look to their innocency, for their hazard to fall is great. The face of all parts stands in most danger of a scar, the tops of houses are most subject to gun shot, the fairest fruit is most likely to bee plucked; therefore though high and honourable, great men and wise men, yet men, and so subject to Sathans assaults. Oh therefore know your feet to stand but in slippery places, shake your hearts and feel in them the dregs of natural corruption, look towards your Tribunals, and behold a multitude of temptations ready to encounter you. Oh therefore let not the blood rise in your faces, much less boil in your hearts, that any expergefactory advertisements should bee delivered to you; no, hear counsel with patience, yea a charge without regrate; though Iudges yet ye may bee charged, yea because Iudges therefore charged; wee must not Saint all Iudges, or howsoever if Saint you, yet not hold you men of impeccant spirits, though Iudges, yet not Angels; no, I see in you human nature, and therefore I know you to bee subject to human frailties; ye may err as well as others, and therefore ye may be charged as well as others. I charged the Iudges. But here let us make a stand, and ask why Iudges? 1. Because they must haue judgement. 2. Because they must execute judgement. First because they must haue Iudgement. But vpon this I need not to insist, for these are known to bee no blind Iudges, beyond expectation they haue given satisfaction to the country concerning their wisdom; therefore before such Iudges I should seem to want judgement to discourse of that judgement that is requisite for Iudges. Therefore to leave this Stand, and to come to the executing of Iudgement. Iudges because they must execute iudgement. For knowledge belongs to the understanding, action properly to the will, Aristot. and should the Iudges understanding bee furnished, Actio importat originem motus Aquin. and his will haue no exercise? Action intimates the beginning of motion; what therefore should a judge never move, but onely grow up in knowledge? this were like one that should wax up to mans stature, but never stir foot; therefore as a judge hath gotten the strength of his limbs in knowledge, so he should move in correcting those vices that his understanding directs him to take knowledge of; Correction is the pruning hook of disorder, the fan of villainy; many here know the Law, Iudges are chiefly to execute it; Nigrum prafipere Theta. that judge therefore is most conspicuous, who is as resolute in carriage, as absolute, in understanding; who hath animum& animositatem, knowledge, and courage: A judge must not onely bee profound in his own grounds, nor bee expert onely to deliver a Charge( which notwithstanding is a rare ingeny) but he must give Malefactours their deserved doom, draw blood from ranke-spirited livers, quâ Legistatores dictum Lysiae. Stob. ser. de magistrat. and show to the world that Iustice hath her edge; A judge must bee endued with the same affection, that Law-giuers themselves were, that their laws may not remain onely in pieces of paper but bee written in capital Letters vpon offenders backs; Pro maleficio perpetratonon dare poenam quam pro beneficio non 〈◇〉 dare gratiam Plut. in apotheg. It is as evil( saith Cato) not to punish an high offence, as not to requited a great good turn, laws not executed are like lions chained up, Canons mounted vpon the walls of a city never discharged, potions in the Apothecaries shop never administered, Isocrates would teach one learning for a small matter, but the main schoolefee was to teach that party boldness: So boldness is as necessary in Magistrates as understanding, and the executing of judgement, as the knowledge of it. Because iudgement is not executed speedily, Eccl. 8.11. therefore the hearts of the children of men are fully set to do evil. wickedness runs in her full-tide, and sin comes to the authority of a hellish viceroy under heartless, and remiss Iudges; as the chief virtue of fire therefore is not in the shining but the burning, so the chief virtue of a judge is not to haue judgement, but to execute it. This serves to exhort Iudges to make themselves as much feared for their judgments, as admired for their wisedoms; for else they shall seem but Sages to the people, not fully Iudges; oh therefore let every artery of your hearts, abound with the spirit of magnanimity, and all the sinews on your arms gather strength to punish offenders; strike at their estates, let out their blood; Non homicidsed maleciaa. Bern. Non inquinauit manum sanguine said purierem reddidit. Chrys. orat 1. in Iudaeot. for such a judge is not a manslayer, but a mischiefe-slayer, he hath not polluted his hand with blood, but made it the cleaner, as Chrysostome said of Phinees; oh therefore, even devote yourselves to suppress wicked livers, which are nothing else but the scandals of Religion, and the ignominies of all good laws; yea, let the reformation of the corruptions, and the exorbitances of the times bee so deeply fixed in your hearts, that ye count every enormous incorrigible offender that ye leave behind you unpunished, a blemish to your tribunal. Blessed be the name, and magnified be the virtues of that renowned judge once in this circuit. I am speaking of Iudges, and how can I conceal that judge? I am encouraging of Iudges, and how can I better animate them, then in presenting before their eyes that breast of Courage? A man worthy to be celebrated. Cantari dignus. he was the Oracle of his dayes, the miracle of government; the honor of virtue, the sting of disobedience; his worth, as great as his wisdom, yea, we know not which most to commend in him, his discretion or districtnesse; the very profession of the laws, and the name of a judge, the more respected amongst us for his sake. He not onely punished offenders brought before him, but made it his study and care to discover Latitants, Yea, at his cost and charge preached them out; he never feared the power of any offender, but onely desired to lay hold on him, as the ancient Lacedemonians never asked the strength of their aduersaries, but onely where they were. As Cassius, when he was wished by the chaldean Astrologer, said Sagitarios. Appian. not to fight whilst the sign was in scorpion. I fear not( saith he) scorpion, but the Archers,( he meant the Parthians) So he feared not the greatest Scorpion in the world, but the judgements of God, those Archers; the very mould of courage seemed to haue been in his heart, as Pyrrhus said of the old romans; Quint Curt. he burst into the lurking holes of the most desperate offenders, as perdiccas broke into a Lyonnesses den, and took away her whelps; yea the more dangerous the offender was, the greater was his pleasure to encounter him, as when one told Leonides, that he now had enemies indeed to fight with, for the multitude of their arrows was such, that they would even darken the light of the sunbeams; So much the better( said he) For then wee shall sight in the shade. In that Iudges dayes, wickedness stroke with a trembling hand, and villainy slept with a troubled eye; himself as much feared as the pains of a convulsion, and his Spies as much feared as himself; his pitched battels in the tribunal, were memorable, and his stratagems abroad matchless; another, Valerius, Plut. Quasi publica colens. Plut. that might haue been name Publicola, as if he had wholly studied the public welfare, and might as deservedly haue had the firname of courageous, as ever Aristides had of just. The veins of the Country haue stil in them the better blood for that Surgeon, the lights of the Nation yet shine the brightlier for that Golden Snuffer. He lived with affections of thousands, and dyed with the praises of millions; his name yet precious, and his memory yet scarce thought on without tears. I praise him, I honour him, I magnify him, because I desire he might be prized, immitated equalled. My honourable Lords, be transformed into your honourable president; as ye want not his power, so want not his courage; oh let his heroical virtues( as the Morrallists term them) live in you, as ye know Iudgement with him, so execute Iudgment with him; suffer not the brow of impudence to out-front civility, nor sin to put the dare vpon authority; least people desire a resurrection too soon of this Judge, or dig him out of his grave, as they did Antiochus when his good government was wanted, Antiochum refodio. or they cry ubi sunt judices? Where are our Judges. Oh therefore stab murtherers to the heart, calm the spirits of common Barretours, restrain the licentiousness of Ruffians. First, stab murtherers to the heart, Lutum sanguine maceratum. Sucton. which kill men till they seem not to be men, but as it was said of Tiberius Dirt mingled with blood; yea, spill blood that they might writ their selves in red letters, Valorous. Bloodshed in these dayes being but with many held the cognisance of Noble resolution; the sight of the Common-wealth stabbed through with so many murders, is as hideous as the sight of Iulius Caesars rob was to the Senate-house, Plut in Antonio. stabbed through with so many holes; these blushy to digest an injury, but never to reuenge it with blood; the price of murder being accounted with these, but the purchasing of a Pardon( if it could bee gotten) or a voyage for a while beyond Seas; the clipping of the Kings coin seems more odious and dangerous in the murtherers account, then the destroying of the Image of God; many a man seems nobody to himself, unless he bee an Hercules furens, and hath given the stab, and that perhaps but for taking the right hand, or not pledging a carrouse, or but for requiring of a duedebt, or for the detection of the least error of a monsters life. Oh shall not the Iudges cares tingle at the noise of this crying sin? shall such die vpon a pillow, and not go bleeding to their graves? No, let neither mediation of friends, nor the sight of a scutcheon make the Iudges heart relent from striking the cut-throats sword into his own bowels. Num 35 33. The land cannot bee cleansed of the blood that is shed therein, but by the blood of him that shed it, therefore stab murtherers to the heart. Secondly, charm the spirits of common Barretours, whose chief practise is to run to the Lawyers anvil for sharp instruments, and which use the Kings writs but as Westminster mastiffes, to bait the Country with; were it not for this frantic rout, Luke 8.27. how many busy attorneys, and extimulating Counsaylers( for of such only do I speak) might walk like the lunatic man in the gospel without clothes: What a Mart of trials is there at this time like to be? 300. Nisipriusses and odd, brought down to one Assiset; and what, all for recovery of due debts, or for dubitable Titles? no, I doubt if many of them were well preached into, they should be found to bee but for spights and quarrels; for the will of a common Barretour is as tender unto him as his inheritance, let such be but touched, and presently the sting is put out; as no man offended Caligula, but in a most unseemly manner, he shaved off the hair of the hinder part of his head, so whosoever distaste these they set their fowle Law-markes upon them; a trial or else no trial of their magnanimity, every trifle is made a grand trespass, writs and Sub-poena's fly abroad, they bite all that come nigh them, and like sparkling coals they scorch the faces of them that do but blow vpon them; their displeased affections are so implacable that there is no appeasing of them till they haue made their enemies go a pilgrimage through all the Courts of Iustice, and by the glisters and potions of costs and fees, they haue fetched them off their legs, or brought them to their graues. And what now shall a common Barretor be Amicus Curiae, counted a friend to the Court? a contemptible Court that should entertain such for friends; shall litigiousnesse out of audaciousness, dare to say that for a judgement-fee it can get any cause to pass? or that if it be found guilty, it knows the sorest punishment, Cave in posterum, Take heed for afterwards? No, though their glozing factors may extol such spiteful men for men of spirit, and collaud such hellish contenders as just preservers of their rights, and reputations; yet as ye would not suffer all the streynes of our Church-seruice to be turned into the yellings of malice, and as ye would seem truly sensible of the vexations of a tetricall rout, and of the outcries of quiet men molested in their own Countries, bring forth some of these Contenders to be made as odious to the world as they haue been grievous, let the people see that our Land hath Law to punish spleen, calm the spirits of these common Barretours. Thirdly, restrain the licentiousness of Ruffians, Roarers, Swashbucklers, which undermine the foundations of those houses their Fathers built; tipplers and harlots challenging their Patrimonies, rather then themselves; they were born their Fathers eldest sons, but they haue made themselves since younger brethren; Which were once called heirs, but the World hath come now and written down, Spendthrifts: Oh the miserable spoil of young Gentry in these dayes, insomuch that they which according to their birth and means should be adopted to govern their Countries, and to do the best service to their sovereign, they are fit for nothing almost but to sing Catches, and sand challenges; very ulcers, and sinks in the Common-wealth; which make Markets ring, and Cities roar; which rage as if they had been brought up in Bedlam, and swear as if they newly came out of hell; which look like antics, and talk like panders; which drink till their faces sparkle like forges, Sueton. and their stomacks spurge again, Novum gen●● hoe mensurae, vb● nullus est me●surae uioaus. Bas. Serm. 1 de lu●u& ebriet. in so much that as Tiberius that drunken Emperor, for Tiberius was called Bibe ius, and ●or Nero surnamed Mero; so these may rather be called Pottlemen then Gentlemen, and Liberti●es then Christians; they say they drink by measure, but that is a new kind of measure, where no measure is kept; I will not stand to describe them, I cannot but deplore them; yea, as Basil saith, We deplore our Country to be the Mother, Deploramus patriam nostram quod talium malorum& matter est,& nutrix. Basil. ad Athanas. cp. 47. and nurse of such mischiefs. Could these ever haue lived without fetters vpon their heels, scarce with the skin vpon their backs under the laws of Paynims even of Solon, Lycurgus, the famous Ephori, or the renowned Areopagites? and shall the names of Gallants here secure them? No( my Lords) let them not break all bands of civility, as if here were a theatre built for Sensuallists, nor defy God by day-light, as if they lived in a land of atheists; but seeing all our Sermons cannot fetch the intemperate humours out of their heads, let the law make them sober; restrain the licentiousness of Ruffians. Thus I might further desire you to cramp the hands of theeues, to worm the tongues of blasphemers, to disquiet them that trouble the Lords Rest, to dispearse the society of Cheaters, to dissolve the brotherhood of Cutpurses, to take away the Charter from that mighty Incorporation of Alehouse-keepers, but I cannot stand to dilate vpon all; onely thus much I say as there are wholesome laws, so let there be resolute Iudges; by exemplary punishments, as by the keen edge of your power, leave gashes in the sides of all notorious offenders. My Lords, I speak out of envy against no mans person, but out of zeal enkindled to the glory of God, and an ardent affection to the rectifying of the gross abuses of the times; Oh my Lords, let not us stand here in vain, stand not ye at a tribunal in vain; there are Wretches, be ye Iudges; ye haue Iudgement, execute Iudgement. hear the controversies of your brethren, judge righteously between every man, and his brother, and the stranger that is with him, ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. Now let us come to the substance of the enforcement. In which observe: 1 A full debating of causes, hear the controversies of your brethren. 2 A faire deciding, judge righteously. 3 A commendable impartiality, between every man and his brother, and the stranger that is with him: ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. hear the controversies of your brethren. First, for the full debating of causes. hear the controversies of your brethren. From whence observe, that just iudgement must begin at the ear. job 12.11. Nonne aures verba diiudicant? do not the ears discern words? and how can truth ever be discovered, if the words be not discerned? Nisi agitentur causa,& partes audiantur, inter partes judicare quis potest Ber. 1. lib. de Cons. ad Eug. c. 10. job 34.3. Vt diligentius servanda est ea porta quâ via sit Regia, ita auditus, &c. Plut. Pro 18.5. 1 Reg. 3. from the 16. ver. to the end of the Chapter. job 29.6. Deut 1.17. Teste non indiget. Bern. Scientiâ visionis Tho. Aqu. If causes be not thoroughly handled, and parties fully heard, who can pass sentence? The ear is the taster of iudgement, for the ear trieth words, at the mouth tasteth meat; that man then can never relish the equity of a cause, whose taster is out of course; if the ear be not open, the door of Iustice is shut; yea, Iudges had as good stop their mouths, as stop their ears; therefore as that Port is to be well kept by which the Kings way lies, so the hearing is to be carefully looked unto, by which the royal path of Iustice lies. The ear of the wise seeketh information. A wise ear is the most apposite Intelligencer of a judge, the Oracle at which he should first consult, the Spy of truth, the Key of sentence. Salomon though never so wise, yet had the harlots cause fully opened, and did not instantly come to sentence; and job when he knew not the cause, he preached it out diligently; preached it out by due examining; and Moses for the great cause he commanded it should be brought before him, and he would hear it; not presently judge it, but first hear it. God indeed is so absolute a judge, that he needs no witness, for in the bright mirror of his own wisdom at an instant he knows all things that are done; but earthly Iudges are not so exact, but they had need to search, discuss, to make narrow in spection, strict scrutiny, to haue perspicuous evidence, luculent testimonies delivered before they can come to the full perception of things. He is one of Philip of Macedons Iudges, that will pronounce sentence before he consider proofs. Sententia, Sentence comes of Sentio. to understand, as if that sentence were senflesse, and that judgement without judgement, where every thing is not duly and thoroughly weighed; if men may not bee heard in their own causes, they had as good sand for a Note under the Iudges hand, how he will determine causes, as ever to bring them to trial, therefore controversies must be heard; hear the controuer sies of your brethren. This serves to counsel Iudges, to hold that Iudgement most mature, that is vpon full hearing; not to hold themselves so absolute, that they can judge causes at their pleasure, nor so acute, that they can see the secrets of a cause by a superficial view, Barbarica veritas. A puleius, lib. 3. de as. aureo. judicium tumultuariam. for then there is like to be but an homely truth, and a tumultuary judgement( as they call it) a judgement at hazard: Much less ought a Judge to debar a man from speaking in his own cause, but onely by his Lawyers lips; he is like to haue but a slender discovery of truth, that must speak all by a borrowed mouth; he hath not always his mind fully laid open, that must hold him to his Interpreter; a man can manifest more out of his own feeling, then his Spokesman can do out of his Breuiat; many things may suddenly arise, which the Lawyer hath not been fully instructed with, or if instructed, perhaps he is troubled with Demosthenes his disease, the squinsie in the throat; the groans of the people are grievous against the treacherous carriages of these Heteroclites, which vary from the integrity of just Pleaders, and are become men of another manner of declining; who if the opposite side can but show them some golden Record, or pocket evidence, or with the last nights present put them in mind of a new Bookecase, their opinion then is clean altered, and their Clients case become desperate; that Plea that once looked like faire Inachis, — Iuque nitentem Inachidos vultus mutauerat ille tu●encam. is now turned into a Hayfer, and ready to burt: What then if the Lawyer bee struck dumb with a stratagem, or will suppress any thing out of corruption, shall not the party himself be suffered to raspe in his own case? may he not be permitted to be a Consonant with his Lawyerl. Must his doom bee to stand at his Lawyers back, and there gnash his teeth for his impertinent loquacity, or else shed tears for his perfidious silence; I know it were a burden to authority to hear all men in their own causes; for what should an ear bee lent to ignorant men whose language is all in solaecismes, or clamorous, who when they haue no right think to raise up one by multitude of words? No, it is sufficient, if not diamond for the Lawyer to pled( I say not to feign) for these; yet not to hear discreet, or just men in their own causes where in pleadings things are but darkly opened, or wretchedly concealed, I think were a violence offered to Iustice: for as I take it the Lawyer is but an assistant to his Client, or to put things into due form, the other is still the principal; the principal then must bee the fore finger in his own cause, not turned off like a scunted finger. And as it is fit that men sometimes in their own causes should bee heard, so as requisite is it that witnesses might not be disturbed, for how then can Controversies bee heard? no, to molest witnesses is even to trouble that fountain from whence the clear understanding of a cause should flow, or to cry down that voice that should give sound satisfaction to the judge; Testis quasi tenens statum, say the critics, A witness is one in whom the state of a case consists; Witnesses not to be regarded it is even to give iudgement dimidiis, by the halves. Plato. Averroes in 2. Rnet. c. 18. Iudgement is a syllogism( saith Averroes) in which that judge can never draw out a good conclusion that doth not first consider the premises of Witnesses. When lawyers therfore can say little for their clients, must their chief eloquence ly in casting aspersions vpon witnesses? or propounding captious questions to confounded their memories? or deriding of them, as if they would turn from grave Pleaders to be of the jocular crew, even jesters at assizes? No, I beseech you by that venerable respect ye bear to truth, that ye suffer full, and free testimony to bee delivered, and that ye restrain such stridulent interpositions, for they tend rather for the subverting, Magis ad subuersionem quam inuenti onem veritatis proficiunt, Bern lib. 1. de consid, c. 10. then the manifesting of the truth. And that ye may the better hear Controversies, suffer not Pleaders to led you away in hearing their sarcasms and bitter invectives one against another, which are nothing but the theft of time, and the delusion of judgement; Lawyers then leave their Clients case, and fall to their own; Iudges then hear trying of wits and not trying of causes; these are insolences offered to your high authority, and interruptions to your heedy hearing. Oh therefore banish all occasions of disturbance; wash out the moats, and wring the cloth, that it may( as the Pythagorean said to his Iudges) the better take the die; bee present with your ripest wits, and gravest attentions, advisedly consider all passages; they are Controversies, that is, such things as may bee controverted, argued on either sides, therefore hear them. hear the controversies of your brethren. judge righteously. Now let us come to the faire deciding, judge righteously. Not hear and suppress iudgement, for this were to make a solemn hearing an empty show; not hear and delay judgement, for this were to hold patients so long to their diet-drinke, till the remedy prove worse then the disease; protracting or retarding of causes, is but to set a sluice in the free current, or to dig a fish pond for Lawyers; if suitors after all their declarations, joining of issues, pleadings, and producing of witnesses, should be driven off to a dilatory course, it were to make a prison of the judgement-feat, or to turn a set battle into a siege; therefore debate, and decide, hear, and judge; and as there ought to be a dextrous hearing, so not a sinister Iudgement, therefore judge righteously, which is the point I mind to prosecute. judge righteously] From hence I observe, that the true form of Iudgement, is righteousness; to with-hold the one, is to destroy the very entity of the other; therefore is God so district, that there might bee no forging nor forcing in the cause of Iustice. ●ut. 16.29. Wrest not thou the Law; let it look with the face right forward, and do not turn the head of it vpon the shoulders, Deut. 27.19. for this were to make a distorted creature of Iudgement. Cursed bee he that hindereth right; and what greater hindrance can there be imagined then from unrighteous iudgement? it is as if the gates should be shut against those forces that come to succour a place after long extremity suffered; this Curse so just that it needeth not be muttered in a corner, but proclaimed Cum sonitu, with a whole multitude resounding it. For Cursed be he that hindereth right, and all the people shall say Amen; that is a grievous sin that is sealed with the curse of a multitude. God reproveth his Iudges, because they turned Iudgement into gull, Amos 6.12. and the fruit of righteousness into wormwood, Iudgement and righteousness were gone, and there was nothing but gull and wormwood left in their stead; people come with provoked appetites to the tribunal, thinking there to haue their true diet equity, and lo there is nothing but gull and wormwood; Oh, people go away with sour looks to think, that instead of the delicates of Iustice, there should be nothing but dishes of bitterness; they may look for such fruits in the streets amongst their neighbours at home, but who would look for gull and wormwood such vnsauory plants to grow at a tribunal; There Iudges the great Feastmakers of the Country, feed proterue men with the refection of the just; For as Iustice punisheth the wicked, Vt iustitia iniustes sic iniustitia ●ustos premit Petr. Zach. 7.9. so injustice the righteous. Therfore execute true iudgement; let iudgement haue no other stamp then that which it got in the mould of equity. That judge bringeth a foreigner into the state in stead of Iudgment that doth not naturallize it by righteousness,& shows a Monster to the world in stead of Iudgment that deprives it of the reflex of righteousness; a mans greatest adversary then is the judge, and the most unsupportable injury comes from the Righter of wrongs. He must needs look for pitiful measure where the Balance itself is set wrong, and expect to bee split vpon the rocks where the very Pilot will not sail according to his compass; Ropes are abominable sins( judge Charles says so, and oh that wee might oftener find him not onely a King, but a judge) what are those then that ravish justice? the just man should find the tribunal an Altar of refuge, not a shamebles of destruction; let not injury therefore draw Patronage out of the Iudges lips; no, judge, but judge righteously. This serves to exhort Iudges to make righteousness the Prescript form of judgement; so to pronounce judgement that they might not haue the groans of the jnnocent, nor the gripes of conscience, such a judge shall be the blessing of his times, and shine upon his tribunal, like the morning star of public comfort. Oh therefore that ye may judge righteously. First, lay aside all passions, for Iudgement must not be framed in a vindictive breast; if affronts therefore should bee given, or the brow of authority slighted, yet cry not out with furious Nero, {αβγδ}. Suet. I am now my own man, and of this man will I be avenged; no, let insolences haue their sharp redargution, but for these, let not equity be overthrown; clear light cannot be seen in a Tempest, nor the truth of a cause discerned in a heart obscured with grievances, and distastes; oh therefore lay aside all irritated, exasperated exulcerated thoughts, before ye come to pronounce sentence; for else ye are like to give Rancorous, and not Righteous Iudgement. Secondly, lay aside all respect to bribes, for this were else to make the seat of Iudgement, a farm, or a fair stead of commodities; there is a little equity to bee expected, if Iudges should tread inward, or like the Oracles of the Heathen, Pro. 28.24. Amos 26. should give no answer without costly oblations; such Iudges will transgress for a morsel of bread, and sell the Righteous for silver, and the poor for shoes; do ye not remember what God saith of such Iuages, Es. 1.23. Ezc. 22.27. that they are companies of theeues, and that they are in the midst of the people, like ravening wolves, as if the judgement-seat were turned into a hill of Robbers, or beasts of prey, were got into the tribunal; Hos 4.18. Quis non erubescat dicere quid mihi dabis vt lustitiam faciam? nonne simile est ac si dicatur quid mihivultis dare vt abnege● tustitiam? officium perdam et Deum vendam. Greg. how are those counted gasping, insatiable, impudent Iudges, whose voice is nothing but Bring ye? yea, who should not blushy to say, what wilt thou give me, that I may do thee justice? is it not all one, to say what will ye give me, that I may deny justice? that I may renounce my duty, and sell my God: oh therefore let not bribery pave the way to judgement, nor corruption pen the sentence; but count them that offer you gifts to offer you injury, as Epaminondas said to Iason, and suppose that those which would purchase their peace at your hands by rewards it is for you to break peace with the laws, as Alcamenes the son of Tellecres said; carry a resolute spirit therefore against all these base proffers, or else ye shall judge covetously, greedily, corruptly, and not Righteously. Thirdly, be not too much addicted to seruants, For that judge that is enchanted with seruants, casteth himself, and justice into thraldom. It is said of Claudius, that being addicted too much to these kind of creatures, Non principem said menistrum egit. Suet. he carried himself not like a governor, but a bondman: So Iudges here, if thus affencted, whereas they should be Lords over all, they become seruants to seruants, yea the good old Iudges are nothing then but Deputies to their young striplings profits. Haue we never known any of Generous, Noble dispositions in themselves, free from all personal corruption, and yet out of a softinesse to seruants, that the keeper of a door, or the holder up of a train might bee well gratified, haue been contented to pass any manner of judgement, and ventured themselves vpon the precipices of reproach& ruin? Oh these Chamber-spiders carry in them dangerous poison, these privy fetters are able to bring their masters into any sort of servitude; oh therefore let not the underhand larding of followers be appointed out for their wages; suffer not the judgement-seat to bee a breast, out of which they should suck the milk of their maintenance; no, judge, but not according to love to seruants, but according to love to righteousness, judge righteously. Fourthly, take heed of the pretexts of Lawyers, for though I beleeue, and know some of them to be just, and conscionable; yet I hear, many of them are so just to their clients, that they are ouer-iust to the cause, that as Maqueda the queen of the South, when she came to visit Salomou, and to try his wisdom, laid Artifieiall Bees before him, that in colour, sound, motion, were like unto lining Bees, and Salomon could not discern the one from the other, but by laying down flowers, unto which the living onely resorted, So, many there are that can strain their skill so far, that they can make a breathless cause appear, move, and stir, as if it were quickened with the spirit of truth, and he had need bee a prudent judge, and use his best discretion, that should discover their crafts; nimble, ingenious, versute many of them are, full of strange Artifices, notable impostures; they haue a kind of Omnipotency in their tongues, the power of a Fee, or the virtue of a double Fee, can make them so denigrate on the one side, and garnish over with orient colours on the other side, that Caelum shall seem Coenum, and Davus, Divus; that a spotless liver shal be made to stand at the bar like a varlot,& many a varlot seems an inculpate liver, a Patriote, a matchless Common wealths-man: I wonder what cause most of them will refuse, and if they want not money, what motives will they want to make it seem lawful, and laudable? yea, and that with vehemency, taking it in disdain, that the adverse pleader should oppugn them, and being ofentimes surly, and petulant againct the judge, Ignescat zelus, exurgat authoritas contra ●stam impuden tiaut. Bern. lib. 1. de Cons. c. 11. if he will not give in his vote with them. Let your zeal kindle, and your authority strike at this impudence. Oh be circumspectly over the demulcent charms, and prestigiatory practices of this sharpe-witted generation, or else ye are like to judge according to the pretexts of Lawyers, and not according to the Candour of righteousness. Fiftly, bee not too flexible to the motions of great men, For if these may haue the Iudges ear open, the strongest testimony may not take place against the force of their suggestion; Witnesses speak vpon oath, what now then, shall whatsoever the lips of a Magnate avouch against these, bee held credible? May not these great men speak out of fancy, perhaps out of envy? may they not comply with friends? or to go home into their Country with a roar, a vaunt, and say, this fellow I helped over the bridge, and that fellow I helped into the ditch, this was my authority, — meae vires mea magna potentia. and surpassing power vpon the Bench, I say, may not this make them to force both credit and conscience? yes, a popular humour, and a desire to be dreadful to the vulgar, may induce too much; an ambitious man careth not to do justice in his country, Ambitiosus non curat prodesse said praeesse Innocent. but onely to control and domineer. If therefore these great men will depose vpon oath, hear them, but otherwise haue no ear for a whispering testimony; for then ye may judge according to subtle insinuations, and not according to righteousness. judge Righteously. between every man and his brother, and the stranger that is with him, ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. Now let us come to the commendable impartiality, between every man and his brother, &c. From whence observe that every one should haue an equal indifferent interest in Iustice, for Iustice should be like the Sun, Greg Naz ad sub. timore perculses. to shine to all alike. The judge must not look with the eye of affection, but equity; he must regard the cause, and not the person. Pro. 24.23. For, It is not good to haue any respect of persons in Iudgement. NO, persons may be respected, but not in Iudgement; Iudges must not haue several measures to apportion out right; no, ye shall haue one Law. Woe to that place, Leuit. 24.22. where the poor man can find no Law, yea, contempt and confusion to that judge that makes the Law, the rich mans several; Plutarch. he that is all for the Potent, is much like Alcibiades, who was all for his Patritians, the common people were but as the dung of the earth unto him; thus to execute Iustice, were to extinguish Iustice; and not to make the tribunal a judgement-seat, but the Rich mans loft, or his free-hold, or his gun-roome, from whence he may discharge at all that come within his reach; Mich. 7.3. Habac. 1.4. Mich. 7.2. Es. 58.4. Am●s 2.7. Mic. 3.2.3. then the great man may speak out of the corruption of his soul, compass about the righteous, hunt his brother with a net, smite with the fist of wickedness, gape over the poor in the dust of the earth, pluck off the skin from their backs, and the flesh from their bones, and chop them in pieces as for the Cauldron; yea, extortion will then speak with the voice of Caligula, Omnia in emnes●●e. c Suot E. c●●●. 4 1. that it may do what it will to all men; the vision in Salomon will be as frequent, as hideous. I turned( saith he) and considered all the oppressions that are wrought under the sun, and be hold the tears of the oppressed, and none to comfort them, and strength in the hands of them that oppress, and none to relieve. The poor mourn, and the Tyrant insults; the poor cry, and the judge is deaf; sighs, and no compassion; tears, and no relief; the judge, and the oppressor( saith he in effect) conspire together to tyramnize over the Common-wealth; Behold( saith Salomon) behold with dolour, behold with horror. This serves to exhort Iudges to be formidable to the terrors of the age, for the lightnings of Iustice should strike vpon the highest mountaines, Feriunt summos fulgura m●ntes. let every man as well as the poor man bear the marks of his deserved vengeance; why should greatness be an obstacle to punishment? why should there be any superiority above Iustice? why should cruelty walk up and down with her Writ of privilege in her hand? No, let the heart of a whole Country tremble to do injury for blood fetched from the sides of a Grandy; deliver the poor that cry, job 29.12. and the fatherless, and him that hath none to help him; though Great men may be masterless in the world, yet let them not be so before a tribunal; though inferiors cannot amate them, yet let the judge. It is said of Caligula, Suet, that though he feared little, yet he feared thunder: so though these fear little, not convulsions at home, not clamours abroad, yet let them fear the thunder cracks of the tribunal; and oh how needful is it, not only that the air should roar over some of their heads, but the bolts strike thorough some of their sides? — Quando maior avaritiae patuit sinus? For when was the bosom of covetousness ever more widely opened? Some true Gentlemen I confess there are still left amongst us( and I think on their names with honour, and behold their faces with comfort) to whom their ancestors virtues are as precious as their scutcheons, they are mind full not onely of fat morsels for themselves, but of fragments for the poor; they are troubled neither with the churls close fist, nor with the Tyrants sharp nails; no, they are readier to exhibit, then to exhort; thousands in this bitter scarcity haue found a Race of true Gentry yet remaining; the Cottages as well as the heralds Office, proclaim them of high discent,& worthy to bear arms; But as this Remnant of true Gentry is to be magnified, so there are which haue nothing left in them of Gentry but the title, which are Heires to nothing but their Fathers Lands, by their degenerous courses they seek to blot out the memory of their predecessors worth; and are these to bee honoured? No, abhorred; my heart cannot stoop to sordid Earth-wormes, nor my tongue praise these dead carcases of Gentry; here indeed is the true decay of Gentry, and the miserable ruin of ancient Families, when equity is turned into oppression, and Hospitality into cruelty, when Great Gentlemen show their greatness in nothing but in ouer-powering the feeble, and crushing the impotent: And when wee speak of such, do we nothing but utter fancies, fictions? Yes, who hears not of the fearful devastations( as it were) in the Nation? as if the foreign Enemy were scarce more dangerous to many poor men, then merciless oppressors; when were the talants of cruelty so long? or the arms of violence so boisterous? no, there is in the kingdom such ceasing of copy-holds vpon every light forfeiture, such holding away of Commons by force from the poor, as if they were Gentlemens ancient demeans, such compelling away of Lands to make this enclosure spations, and to enlarge that part such defalking of wages, and shifting of the burdens of charges to the weakest, that if Judges be not pleased to interpose soon with the strength of Iustice, poor men had as good live nigh a tigers den, as by many a rich mans threshold. Oh therefore be tutelar, safeguarding Powers to these distressed souls, let them find a refreshing virtue come from the shadow of your tribunal, let not goliath of Gath defy the whole Host of Israel, let there not be a Ter-magaunt for Iudges; no, grapple with the mightiest, and let greatness find no privilege but greatness of punishment, as Galba told that Guardian which had consumed his orphan, and when he came to judgement pleaded for favour for his wealths sake, thou shalt die, saith he, Albiorem,& altiorem crucem. and because thou art wealthy thou shalt haue the higher and the whiter cross, that other men may be the more terrified by thee; Oh that is commendable, and comfortable Iustice where notorious offenders go away with the sharper doom; Let not Magnifiques therefore live like exempted persons, nor think that their silken Vestures are too precious for the judge to give a Rent in them; no, punish poor men if culpable, but especially crush the horns of the Vnicornes, and break the heads of the Dragens in the waters, make them know that they live in a Land of Iustice, and that ye want not power to subjugate the most refractory; let your blasts and gusts not onely fall vpon the Caues of Indigents, but cause Tyrants Palaces to shake at the foundation; Let not a man, but every man feel the smart of his demerits, let the stranger be embosomed by you as well as the dearest acquaintance, respect the law and not persons, haue an ear for the smallest as well as the mightiest, fear a blot in government, fear a gulf in conscience, fear the curse of the poor, fear not the face of man. This is that which Moses requires in his Iudges; judge righteously( saith he) between whom? between every man, and his brother, and the stranger that is with him; ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man. For the iudgement is Gods. Now let us come to the inducement, For the Iudgement is Gods. From whence observe, that Iudges are Gods Steadsmen; Exemplata oportet conformars exemplari secundum rationem forma. they are to bee reverenced because they haue his authority, they are to bee spotless because they haue his room. Things exemplified ought to resemble their sampler according to the reality of the form; so the most essential things that are in God ought to bee manifested in Iudges. I haue said ye are Gods, And wherefore, Tho. Aq p. 1. qu. 18. art. 4. Ps. 82. but to bee as unstained in all their proceedings, as the Holy one of Israel? Take heed what ye do( said jehosophat to his Judges) for ye execute the judgements not of man, but of God, and he will bee with you in the cause, and iudgement, 2 Chron. 19.7. as if he should say, pass not over things superficially, but Take heed what ye do; judgements ye are to execute, but in them ye are not so much to bee my Deputies, as Gods, ye execute the judgements not of man but of God; and if there bee any indirect carriages, though ye may escape my knowledge, for I cannot bee every where, yet where is not God? no, he is every where, though not by totality of quantity, Tho. Aq. yet of essence, he therefore will spy you out, mark every passage in the trial, record every syllable of the sentence, he will bee with you both in the cause, and iudgement; they had need haue no blurs in their writings that are to pen out a thing according to the copy of divine purity, nor tread awry that are to follow Gods foot-prints; they had need honour that place where Gods residence is taken up, and be circumspectly over that iudgement that Gods eye, owns; therefore saith Moses with much fidelity, integrity, pass iudgement, for the iudgement is Gods. This serves for Iudges to adorn that place unto which they are advanced, and to bee intent vpon that task with which they are entrusted, to fill Gods room with a kind of splendour, and to act Gods part with a kind of honour; for oh the blackness of that guilt where God is dishonoured in his own room; if God will reuenge pollution every where, how much more in his own seat? oh therefore hear all plaints as it were with Gods ear, and pronounce sentence as it were with Gods mouth; vary not, olive not, use no preposterous courses, remove all collusions, let your desires be as Gods, your judgement as Gods: for the iudgement is Gods. I charged the Iudges at that same time saying, hear the controversies of your brethren, judge righteously between every man and his brother, and the stranger that is with him, ye shall haue no respect of persons in iudgement, but shall hear the small as well as the great, ye shall not fear the face of man for the iudgement is Gods. Now that these controversies may haue the better issue, ye which are jurors let your verdicts bee as just, as your oaths are strict; oaths are too common every where, and the breach of oaths too rise in this service; how many haue come hither rather to serve friends, then the Common-wealth; and to side with neighbours, then to let litigious, injurious persons go away with their just infamy? let witnesses oftentimes depose never so apertly, and Iudges inform never so faithfully, yet these are sworn men before to their own wills, and the oath is but for form; wit some of them haue, but it is but to abuse their partners, and to cast a mist vpon the truth: their pertinacy is dreadful, their perjury damnable; But oh if there should bee any here so obstinate, desperate, let them know what it is to spot iustice, what to haue a chevalrised conscience; oh therefore let not your neighbours set the gimmers of your clockes to strike after their affections, nor your dearest friends stalk under you to catch their desired preys, for then ye shall want moral virtues, and not haue so much sincerity in the handling of causes as Heathens, yea that which may make you blushy and tremble ye shall bring the innocent into bondage, and raise up a blood-hound in your own bosoms to pursue you; bee therefore as the Standard of heaven to weigh out to every man his due portion, and as the Hands of God to reach forth to every man his true Right. What will make you awful, jealous, actus latriae. Tho. Aquin. upright if not oaths? An oath is one of the highest expressions of worship to God, and one of the deepest earnests of fidelity towards man. jure, to swear( say the critics) comes of Ius juris, Right, as if they which are sworn are obliged to do right; Nischbah. and in Hebrew the word to swear is not simply to take an oath but to do it cum vehementi affectu, with a vehement affection, even to poure out the soul; and when can it bee hoped that a man means sincerely, and will carry himself districtly, if not when his soul is poured out? there is no counterfeiting like to the doubling in oaths; Plut. It was wicked Lysanders atheistical conceit that men might bee deceived with oaths, as children at cockall; the breach of oaths haue been so odious in former times, that perjured men haue had their lips and hands cut off; their lips because they had wronged God, and their hands because they had wronged their neighbour; oh therefore fear the outcries of innocency, and the sting of oaths. And whereas here is a Grand Inquest, and a jury of life and death, deal sincerely in those things wherein ye are employed. Here are Iudges ye see, and to execute iudgement are they come, and how can they execute if ye will not suffer Malefactours to come under the verge of their punishments; if ye will extenuate grievous trespasses, or suppress notorious abuses; if ye will not indite, or are loth to find guilty, what is this but to abuse the high presence of Iudges, and to frustrate all their holy desires, and religious purposes? take heed ye bee not partners in those sins ye will not punish and that in suffering sins ye do not take them home to yourselves; Vitia si sera● facis eua Sen. remember that to favour the wicked, is to hurt the good; Boni● nocer qui malis p●rcit. I l. Pereat●●●ius unus quam witas. It is no mercy to spare miscreants, no, it were wisdom and zeal to curb and crush them; Let one rather perish then a multitude? What good is it to preserve an infection or to let venomous creatures line? Oh therefore as ye ought not to spill a drop of blood for spite, so ye ought not to spare a drop of blood that is a stain to the Family, or a corruption in the veins of the Common-wealth; to favour desperate offenders, were to do service for the devill, to let incorrigible trespassers( either for mediation of friends, or out of blind compassion) go scotfies, were even to fill your Country full of horrid practices; he that lets slip one such an offender, begets ten, he that quenches not such dangerous sparks, hazards to set the whole Country in combustion. In you it is now to cleanse, to free your Country of villainy, Ne sit nomen inane,& crimen immane. Amb. or to leave it a sink; I will say no more, Ye are Iurours, Sworne-men, let there not bee a vain name least a main sin; let the coals vpon this Altar heat you, let the touching of the volume of bliss infuse a dread into you; let the sounds of those grave advertisements that are to fall from the Iudges lips, echo a serious regard in your bosoms; come not thus far to carry home the chain of hell about your heels, perjury in your consciences: The Lord from heaven by his blessed spirit endow and assist you, strengthen and quicken you to the performance of this high service, that by your circumspection and faithfulness, the Country may the better feel the presence of Iudges. Now my honourable Lords, to conclude with you, though I haue spoken much to you before, yet I desire to give you a solemn close; Ye are the prime instruments in this service, and we had need to put strong Rudders vpon those ships, that wee would haue convey us from all syrts and sands, and polish those corner stones well, that wee would haue to uphold the whole building, and put sweet odours into those vessels that wee would haue to be Censers of comfort to a whole Country. I think ye haue consecrated this hour for ghostly counsel, and turned your feet aside a while into Gods house, to see if he hath inspired any thing into the heart of his messenger to impart unto you? Well then, from this Holy ground, carry away hallowed desires to your dueties, let your actions bee as honourable as your places, let wisdom open her brightest eye, and conscience feel her forciblest jmpulsions; these controversies else may beget a controversy against you at Goas Throne, and in a few moneths, ye may give a sharp and heavy account for these judgements: Oh have an eye to that reckoning, hear the alarum here striking in conscience for the last doom; actions so soon as they are done, do not pass away, so soon as the Assies are ended do not conceit never to hear more of these trials, Notae quaedam, et signa remanent quae in die judicii reuelabuntur. Origen Quid faciet de iniustis judiciis, qui ipsas iustitias judicat. Bern. but for all things that are here handled, expect a review, for certain marks and portraitures of all things remain, which in the day of Iudgement shall bee revealed. Iudges therefore ought not to bee recklesse in those things, which God will examine strictly; What shall become of corrupt Iudges then, when the most upright shall haue such a serious search? In time therefore consider your power to reform much, if ye bee faithful, and Gods power to reuenge much, if ye be faithless; if ye look after gains, these will not long last, if after Attendants, or friends, their mouths will bee stopped to excuse you, and their hands cramped to rescue you at Gods Throne. Oh therefore lay aside all private respects to yourselves, and by-respects to Familiars; let no gain seem more advantageable unto you then serenity of conscience, nor any bee more entire, intime with you then he that was your creator, hath been your Promoter, and will bee your judge; Consider that errors here are hardly ever repealed, and that God will show mercy, rather for any sins, then for those that are committed in his own judgement-seat. ye are in the sight of the country, ye are in the sight of God, and his Angels, bee vigilant, bee zealous; with a heedy eye read over your Mandates again, pray to God to assist you in them, and go up with Seraphins affections to your Tribunals, to do true service to God and your Country. And thus God Almighty bless you, that your eyes may not bee so dazzled with authority, as if authority had no burden in it, yes, take the charge vpon you, I charged the Iudges saith Moses. The humours of people are many, malice is an eloquent orator, it can parget and palliate, therefore look narrowly into the nature of every grievance, Consider the truth of every complaint, hear the controversies of your brethren; and whereas Iudgement is your main Action, the purport of your calling and coming bee not in that most defective; but judge as to beautify your high place, judge as to yield comfort to the distressed, judge as the heart of an enemy may confess the equity of your judgements, judge Righteously. And let the World see in you, that that will even transform you into Angels, yea, make people think that God Almighty, is the tribunal, even the virtue of impartiality; let not Wealth therefore think that shee hath gotten armor of proof against Iustice, or that it can make the poor as despicable to the judge, as they are to the World, or that it can wipe out of your knowledge the name of a stranger, that though a stranger come from far, and he hath none but the Judge to assist him, yet that the prepotent force of Wealth shall bee such, that the judge shall take no acquaintance of him. Oh let not this turgid, haughty rout of the World, think that ye respect either their Spangles, or Plumes, or Scutcheons, or bee so bold to conceive that there can bee a price for a Iudges care, or that the judge neither will, nor dare frustrate their aims, oppugn their desires, and ●esignes; No, let none terrify you, but bee ye a terror to every brow; judge ye so Righteously, that it may bee between every man and his Brother; and the stranger that is with him, haue ye no respect of persons in Iudgement, but hear ye the small as well as the great, fear not the face of man. And pass not Iudgement as if ye had the sole interest in it, but with single eyes, circumcised ears, melting hearts, awakened consciences, see, hear, consider, and recount under what a Potent, Omnipotent Master ye serve, God; Let heaven therefore now seem to cast an eye upon the complaints of these abjects, and to lend a mouth to sand them home with a sentence of comfort into their Countreys, let God seem to debate, decide, judge, for the Iudgement is Gods. Thus my honourable Lords, haue I endeavoured with sidelity, and fervency, to make you consider the importance of what is imposed; it is but my charm, it is your Charge; amongst the rest of your time, ye employ elsewhere, think hereafter ye haue spent an hour here to take up a Charge; let the noise of this Charge sound in your ears the whole time of this service, yea take it up amongst the rest of your daily, divine, and devout meditations to contemplate vpon; It was the first charge of Iudges, let Iudges never forget it; so shall they never sink under this Charge, but for hearing well of controversies, they shall one day hear Euge, well done good and faithful seruants, and for Righteous iudgment here they shall haue judgement of mercy, and not vengeance, and every man and his brother, neighbour, and stranger, yea, God and his blessed Angels shall justify their proceedings; and that God for whom they judge shall at last take them up into his own mansions, give them honour in his own house, even pleasures boundless, and joys endless, Which that he 〈◇〉 do to these, with those that are uncorrupt, unspotted, God grant for his mercies sake, Amen. FINIS