VOX DEI: INIVSTICE CAST AND CONDEMNED.  
In a Sermon preached the twentieth of March 1622. At the assizes holden in St. Edmunds Bury in suffolk.  
By THOMAS SCOT Batchelar in divinity, and Minister of the Word at S. Clements in Ipswitch.  Isa. 5. verse 20. Woe to them that call good evil, and evil good. Greg. Mag. in Ezech. Nihil ad dicendum veritate facilius. 
LONDON, Printed by I. L. for Ralph Rounthwait, at the Golden lion in Paules Church-yard.  
1623.   

TO THE RIGHT HONONRABLE AND TRVELY NOBLE WILLIAM earl of Pembroke, all happiness, external, internal, eternal.  
Right Honourable,  
THis age is by them whose pen haue a gift of continency accounted the scribbling age, and therefore he that appears in print had need bee vshered with a good apology; yet do I plead for this my doing, neither importunity of friends, nor fear of imperfect copies, nor any other of those threadbare excuses, whereby so many( as may bee feared) haue lied to the world. Neither would I consent that any other should publish my sermon as without my consent, and so commit a modest hypocrisy: but ouerstriding aldiscouragements, I hoped it might( if not please) yet profit, the first of my aims: The next was to do your Honour some service, wherein I haue been too too much defective, saving in my daily prayers: wherein still I humbly crave, that this little one may live by your protection, and your true nobleness by Gods, and your own pious virtue: and that I may still rest  
Your Honours most devoted seruant and chaplain, Thomas Scot▪   

injustice cast and condemned.  Prou. 17. 15. He that justifieth the wicked, and he that condemneth the just, even they both are an abomination to the Lord. 
THe writings of Salomon are ranked by S. jerome into three sorts, his ethics, his Physickes, his metaphysics: in the first he is an instructor, giuing wholesome precepts of Morality, a divine and spiritual Hippocrates: in the second he is a Preacher, his text is, vanity of vanities, all is vanity; in handling whereof he searcheth and vndoeth the knot of all causes, a divine Philosopher: in the third, he is a Triumpher, rejoicing in and discoursing of the mysteries 'tweene Christ and his Church, under the comforts and beauties of an external marriage, an heavenly Poet.  
In his ethics( this book of the proverbs) he doth not so strictly hold himself to that subject, but that they bee now and then dashed with some other arts, as the politics, and economics; as in this verse I haue red, wherein he toucheth vpon a point of state and government.  
And whereas it is generally conceived that the proverbs of Salomon are so many select aphorisms, or sentences substantive, each one standing by himself without any mutual dependence one vpon another, so that to seek a coherence were to undertake the making a rope of sand, or to force a marriage between unwilling parties; it must must bee confessed, that they bee not ever so suitably sorted, but that many of them know not their nearest neighbours, they being strangers in sense, and argument.  
Yet for all that are they not such shreddes nor so confusedly shuffled together, but sometime one may see a special care in their placing, as in this with the foregoing verse, in both which he takes order for peace; in the first labouring to prevent, in this to heal and cure contentions. In the first his counsel is excellent, to withstand beginnings, comparing the beginning of suits to the breaches and overflowings of waters, telling them thereby, that the law is costly and dangerous, for so are water-breaches, costly for their greatness, dangerous for their cruelty, therefore contention compared also to fire, Pro. 26. 21. They therefore who make way to saites had as good cut open the sea banks in their Marshes, or thrust firebrands into the thatch of their houses: therefore ere the Contention be meddled with, leave off, saith Salomon: as if he should say, plaintiff begin not, Defendant join not issue. But if you will needs set open these flood-gates, and play with this fire, so that there must be suits, then his next counsel is in this verse, that this wound and rent seeing it cannot bee prevented, may yet bee without a scar fairly healed, turning himself therfore to those to whom Iudgment in such cases is committed, he exhorts them to do righteous iudgement, neither to go on the left hand to condemn the just, nor on the right hand, to justify the wicked; that they call not good evil, nor evil good, least they anger the most High, and become an abomination to him, For he that justifieth the wicked &c.  
In which words there is a sinner indictend or arraigned, and then his sentence pronounced: The sinner is the violater of iustice, whose name hath ever been sacred, and observation the mainteyner of States, and the contrary the destroyer of the same. More particularly, the sinner is( that he may bee the better known) laid open by Salomon: first, by the indefinitnesse of his person: He that justifieth, and he that condemneth, amounting vpon the matter to a general; for where none bee excepted, all are included: He, that is to say, whatsoever he be, whether judge, or juror, witness or advocate, public or private.  
Secondly by his works justifying and Condemning, which in themselves indeed are no sins, as no simplo or naked action without circumstances is of itself a sin, it being the {αβγδ} which is the {αβγδ} thereof: therefore least there should bee an error found in the Indictment, he is thirdly laid open by the application or misapplication rather of those actions, not setting the saddle vpon the right horse, but justifying the wicked and condemning the just.  
So that the sinner here questioned is the corrupter or violater of iustice, which he is accused to do two ways: first, by justifying the wicked; secondly, by Condemning the just, which two though they seem and are indeed contraries yet are they brethren in evil, both wounding sacred iustice, which like Sampsons foxes turned tail to tail, and looking two several ways as if they had contrary intendments; yet they both agree in Combustion of State, and violation of truth and Iustice.  
And as they bee thus in culpa non diuersi, brethren in evil; so also they shalbe in poena non divisi partners in punishment, for even they both an are abomination to the Lord, which is the sentence& second part of the text. And thus you haue the sum and scope of the words.  
That this sinner may bee the better indicted, and so the more justly sentenced, we will, first, explain these terms of justifying, and Condemning, secondly, show how many ways this sin of justifying the wicked, and condemning the just is committed: thirdly, that not onely to condemn the just,( granted by all) is a sin, but also to justify the wicked, which is doubted by some.  
1. justificare in the latin sound, seems to signify to make just, like words of the same form, as Magnificare, sanctificare and the like; and so the schoolmen and Papists understand it and bitterly contend in it: but wee learn the force of this word of Saint Paul, who useth it not according to the latin sound but Hebrew acception, wherein he was brought up: and that wee may not delay in a case so clear, it is used by him, speaking of the main point between God and us, not to Make, but to Pronounce just: not that the most just God doth justify any, that is, pronounce any just, who is not made just, and whom also he hath not made just; but that the justified is not so made by any real immutation of qualities, but by pardon; for unto sin and evil deeds not new qualities, but pardon and absolution is the next and proper remedy: Nay I may further add and maintain, that in all the Scripture this word justify doth signify nothing else but to pronounce just; and to give it the force of making really just( as schoolmen and Papists for their ends contend) sometimes will prove impossible, many times absurd, always untrue. And the place is the more remarkable because it lends light to other texts; for to justify must of force in this place signify to Pronounce, and not really or truly to make just: for he that should work such an effect vpon a wicked man, as truly to make him just, should most unjustly be an abomination to the Lord.  
This is also further cleared by the contrary term here of Condemning, which being a word of the same form in the Hebrew, must also haue the same force; and therefore should bee turned if the same Language would bear it, Impiificare or Improbificare, which sound's to make wicked( as the other to make just,) which no man can do; nay God himself cannot make a man truly just to become really wicked: it must signify therefore to pronounce wicked.  
So that the cloak of ambiguity being taken from him, the sinner against whom we proceed stands naked before you, appearing to bee such as you see, one that pronounceth the wicked to bee just, and the just to bee wicked.  
2. Which is done either privately or publicly, privately by two evil beasts, the flatterer and backbitter: The flatterer is a tame beast much delighted in by great ones, who by this means haue little acquaintance with truth: he is always ready to slight and extenuate the gross evils of Princes and his great Master, and for their lighter defects, he praises them for great eminencies and excellent graces: he is like the herb Heliotropium that turns itself from East to West to follow the sun: ais? ai●: negis? nego: If the great man denies, he dares not affirm; but if his Lord affirm, then he must swear: like diverse other flowers which so long as the sun shines vpon them they open, but shut so soon as he withdraws his beams. These are dangerous iustifiers of the wicked; for through their complacency and oily words, they praise men unto death in their sins.  
The backbiter is a beast, not so familiar and fawning as the former, but more churlish and melancholy; therefore lurks in holes and corners: and as sharp winds cut most in narrow lanes, so this vermin hurt's not but secretly; and then he is every where vpon his iudgement seat, passing sentence and giuing verdicts vpon the just, and innocent man: either with lies accusing him of things never done, or else through malice depraving things by him well done: This is also a dangerous condemner of the just, both because through his peevish secrecy the wound cannot be prevented, and by reason of the poisoned weapon, the balsam of innocency itself without a scar, cannot heal it.  
But flatterer and backbiter though worthy of severest iudgement, yet for this time stand by: you cannot be tried at this assizes, for we hasten to the more public commission of this sin, here as I think chiefly intended: which must bee diversly considered according to the variety of persons, by whom it may bee committed, which are principally, the judge, the Witnesses, the advocate, the jury.  
The judge commits this sin first, and most highly in giuing a false sentence, not according to the truth of the cause, either coming beforehand( whatsoever the allegations bee) with a premeditated sentence, as the Elders and Nobles of Izreel against Naboath; or else leading the jury, that under that colour he may effect his desire. But if a judge proceed's always secundum allegata& probata, he knows he shall sometimes in strict observance of iustice do the greatest injustice. What a judge may do in this case I am not able to determine, but surely a good judge, as saith Ambr. sicut audit ita judicat i not having power of making or altering laws, but of judging, and that not delege, but secundum legem. But here note a difference between divine& human laws, and how far Solon and Lycurgus and all other must give place to the sacred lawgiver, whose general Statutes may all bee kept inviolable without the prejudice of any particular, which could never be attained by the wisdom of any man; and therefore we haue our Chaunceryes to come after and mend the faults, and mitigate the rigours of Law, although the remedy sometime hath been worse then the disease.  
2. The judge may also commit this sin by delaying of a just sentence, not daring for shane or Praemunire to condemn the just, nor being willing through corruption to justify him; This doth also amount to a justifying the wicked, and condemning the just; for so long as sentence is causelessly deferred, so long the just may be accounted wicked, and the wicked just.  
3. By not executing a sentence justly given, which God strictly looks after: therefore the same word in Hebrew signifieth both fault and punishment, to show that none should be without punishment but he that's without fault. Hence it is also that the Lord when in the third commandement he threatens punishment to the takers of his name in vain, he saith no more, but I will not hold him guiltless, intimating that guilt should draw on punishment, and that the one should tread on the heels of the other.  
II. The witness also commits this sin more ways then one: First, by the main breach in giuing a false testimony, like those wicked men set before Naboath; these were knights of the post, which though found in Izreel and were fit instruments for Idolatrous ahab and jezebel( as equivocation and mental reservation for Papists) yet alas that such should be found in a Christian Common-wealth: such call God himself to witness when they speak, and should be to judge and jury in stead of God to direct Iustice; but by their false testimony are to them and to the innocent also Sathans, that is, accusers and deceivers. Secondly, though not by falsifying their words, yet by perverting their meaning and making them bear other sense in their translation then they did in the first original, as those who testified against our Lord Iesus, who spake no other words then Christ did, but spake them otherwise, yet are called false witnesses; who onely after trial of many were found to speak home enough& to the purpose. Thirdly, by concealiug part or all the truth, or by not cleared the innocency of any when they may. It is worthy our imitation and resolution, which is reported of S. Augustine by Possidonius, that( in so hard a choice) he had rather lose his friend then conceal the truth: All these are to truth and Iustice, as Traytors are to coin; the two former counterfeit, the latter onely clip's, but all deceive the subject.  
III. Next by professors of both the laws, known by their several titles, in whose persons Innocency& Iustice make their appearance in COurt by their Proctor.  
1. Who do this sin first by pleading ill causes, casting mists before mens eyes, making ill seem good, and good evil; setting faire pretexts on foul matters, putting a great shoe vpon a little foot, and an orient gloss vpon a sullied cause; who in a word, can alter the Case, and stretch or shrink the law at pleasure, and make it hold what length they list: like to that Byzantine Lawyer, who being asked what the law was in such a case, answered, Prout ego volo.  
2. By unnecessary and wilful delaying and spinning out suits by some odd quirk or causeless demur; or seeking to dismay witnesses, easily daunted in an unwonted presence, and so to weaken and stop their testimony, as the wicked do their consciences, which otherwise would tell the truth.  
IIII. By jurors that set themselves to acquit them whom they know guilty, and to find for him whom they most affect, working and labouring their more tender conscioned fellows to their parties, who for neighbourhood sake, after some standing out, at last do every one become M. Flexible,& so trying the person and not the cause, they bring in a verdict, clean contrary to the name it carries, and so lay a ground to stain the iudgement seat. Here also is a room for those that return the Iuryes, who by their shuffling can so pack a jury, that wheresoever you cut, and whatsoever the cause bee, it coming to be tried by such a packed jury, they shall clear the malefactor if on life and death, or find either for plaintiff or defendant as occasion serveth.  
Thus many ways is Iustice violated, the offender appearing sometimes in the person of a judge, other times of a witness, now of a Lawyer, anon of a juror( never himself) by his cheater-like variety of habits, giuing just occasion of suspicion.  
The third thing to be discussed in the trial of the sinner is, whether the justifier of the wicked be a sinner also, for he pleads, not guilty, and desires not to bee so severely censured, as the Condemner of the just, which al men abhor; and if he cannot obtain to bee excused à toto, yet he hopes at least, à tanto. The truth is, that all condemn the condemning an Innocent; but to daub and plaster a wicked mans cause, to help a drunkard out of the briars, is holden but a neighbourly and friendly part: but to meet with this objection, as they are here found together, so they bee sentenced together, for both of them do olive from the strait rule of Iustice, and he that leaves his way doth err as well on the right hand as on the left. moreover, both do pull down Gods Iudgement vpon a Land, and kindle Gods wrath, for even the Philosopher could say, that that Common wealth could not stand long where not onely rewards, but punishments also bee not duly bestowed: to clear the offender, also hurts his soul, de barring him from the medicine of it, for ipsi absoluti fear semper sunt deteriores, offenders seldom amend by escaping just punishment. Therefore the justifier of the wicked deals like a murderer under the name of a physician; like the good witch( as they are termed) that cures the body peradventure, but wounds the soul: beside the encouragement which other wicked will take thereby; for by such impunity sin is brought into credite, and others do deem thereby a licence or commission sealed to them of doing the like sins without fear or reproach. The Magistrate may better turn loose many bears, lions, or tigers into a throng of men, and with less danger, then one offender without punishment.  
And although the good Emperour had rather many guilty ones should escape, then one innocent perish, I suppose he meant in cases doubtful, where indeed it is safer to incline that way; but to justify the wicked who is so convicted, must needs be a voluntary, and so a sin with an high hand: but to condemn one that haply may bee guilty, yet cannot be so convinced, were as great a sin, seeing he is to bee taken for just who cannot bee convicted wicked, it being al one in such cases not to be, and not to appear to bee. Where also some object that God doth justify the wicked, and yet sinneth not, it is to be conceived, that God doth ir not quatenus talis, but first makes him just; secondly, pays the price and so satisfies iustice: thirdly, gives also another mind for time to come; all which if any can do, he may also justify the wicked without control.  
But yet is not purblind reason quiet, but demands further; Must we adore Iustice so as that Mercy be utterly neglected? But religion answers, that we in vain go about to set variance between Mercy and Iustice; they are no such opposites as is thought, for they kiss and embrace each other; yea, that is no true mercy which is unjust, nor that good iustice which is cruel. Yet further, it may well be conceived, that showing mercy doth properly belong to supreme and not to subordinate Magistracy: for howsoever before laws were established, Kings in person did use to sit in Iudgement, yet in aftertime it was not thought so fit, because either they would be too ready to show mercy( the offences being most what against themselves) as Caesar to Ligarius, and Agesilaus to Nicias, whom Plutarch so much reprehends,) or else if they should prosecute without mercy, it might pull on them the envy of subiects: and from hence( beside the multiplicity of affairs) reason of State hath wisely advised that Kings should execute Iustice, and all other works of severity by others who may therein without envy be faithful to their master; but all such actions as procure love, as giuing preferments, offices, honors, and showing mercy, they reserve to themselves. But to shut up this point, if any will wound iustice, and icoparde a joint to justify the wicked, I will not trust him for condemning the just: for letting loose Barrabas the murderer, and condemning Christ the righteous, most what do go together.  
But yet if any doubt, by this 
2. The sentence.  time the verdict and sentence is ready which will end the controversy; for saith Salomon, even they both are an abomination to the Lord: This is his Iudgement, which the more wee consider, the more heavy it is. 1. abominable, 2. nay abomination in the abstract, 3. and that not with men but with God: if onely disliked, refused, or rejected, it were much; but to be abominable, yea abominatio, such as one would turn from tanquam ab omine tristi, as the word imports, this is to bee miserable with an Emphasis. God not onely not knows such( and they had better never to haue been, then not to haue been known by him) but they are odious to him; as wee turn our sight from such things as we loathe: and as Alexander severus was wont when he but beholded a briber, to haue his colour and stomach rise, so God turns his sight from the unjust person, for he is an abomination to him: what, to the Lord? if to evil men onely( although one would be loathe to make himself odious to all evil ones) yet then had he God and good men to fly to: Nay, were he so to good men also, yet because they were men they might be in Error, and God might reverse such a sentence by a writ of Error: but alas not with men but with God also; who shall now stand up for him? who shall appear in his behalf? indeed if God justify who shall condemn? but if he condemn who shall iustisie? if the King favour, the envy of the courtyers cannot harm, but if he frown, their love cannot secure.  
And yet further this sentence toucheth not onely their works, but their persons also. For as david saith of Idols, They that make them are like unto them; so saith Salomon of these, not onely the works but the workers also are an abomination: whence it comes that all they but touch is so too: their thoughts, their sacrifice, their way, their prayers, and all are an abomination.  
And yet not a single, but a double abomination: for he that justifieth the wicked is an abomination, and he that condemneth the just is as much: for, even they both are an abomination, saith Salomon.  
But is this the case of the violater of iustice onely? are none in the same condemnation but he? Yes, for we find in the same praedicament, the scorner, the evil heart, the false measure, the lying lips, the way of the wicked, the proud poor man, the Idolater with a rabble more of that kind. What a black guard is here? fit for Pluto himself. Qui non ex se dignoscitur ex socio: if he could carry himself so slylie that he could not be discerned, yet his company would bewray him, he being linked with such that it were little less then an hell to be in heaven with them: he is not indeed alone, but of this company he can haue neither credite nor comfort. Well, it is an heavy sentence but a inst, for he that saith to the wicked, Thou art righteous, him shall the people curse.  
Now if vox populi be vox Dei, then He must of necessity bee abomination to God who is cursed of the People; therefore many woes are every where in the Scripture pronounced against him. moreover, he condemns the Law of God, and God himself too who justifies the good whom this man condemns, and condemns the wicked whom he justifies.  
Thus hath the sinner been 
Application.  arraigned, and now is he also as you see sentenced; give me leave therfore( as they use to men condemned) to give the sinner a little ghostly coumsel, which I would do in a word or two of application, and so conclude. And lest it be said of my exhortation as it was of his laws, that they were like spiders webs catching none but flies; give me leave my most Honoured Lords, who sit at the stern of this weighty action in the first place, to address myself to your Honors; I take not vpon me, either to teach or reprove you: the one were presumption: the other rashness, although for the latter if there were occasion, my commission would bear me out.  
But give me leave I beseech you to speak that which your Honours indeed know, haue done, and will practise, but to what end? even to give you your deuce for time past, as also to tie a thread about the singer for a Memento in time to come; Qui monet vt facias quod facis, monendo laudat, He that admonisheth to that is done, his very admonition is a commendation; for even as great ones oft times are highly commended for good things which they haue not done, and then the praise hath the nature of an Admonition, and thus they avoid a frown; even so also wee often admonish them concerning the good things we know they haue done, and then the monition amounts to a Commendation; and this is a good way to decline slattery. Cassidorus reports, it was the manner in the Roman Courts to haue a crier stand up immediately before the Iudges were to pass any sentence, and with a loud voice to speak unto them, Ne patcrentur se sui dissimiles fore, that they would do nothing which became them not: I desire at this time to be instead of such a crier, or to do that office to your Honours which Philips boy did to him, who  told him no new, but a well known thing, but at once both put him in mind of his mortality, and also commended his care to bee remembered of it.  
And in the general, as Paul exhorted Masters to do that is just to their seruants, because they haue a Master in heaven, so I beseech you to do righteous Iudgement, because you also haue a judge in heaven: Let not Iustice halt, let no clear law bee violently forced, let no doubtful law be sinisterly interpnted, let no sentence bee without mature deliberation passed. Plato cal's you Physitians, and Augustine ap●ly compares offenders to peccant or Malignant humors of the body: now none but a desperate physician will give physic till he hath well viewed the state, and considered the nature of the disease. Let not matters be huddled for dispatch: Oh the life of a man is a great matter, and a mans whole estate not wickedness, there being no great difference between Naba●th's life and Nabaoth's vineyard.  
Remember also I beseech you whose ministers ye are, and whose persons ye represent; for God hath communicated his name to you, I haue said ye are Gods,( yet gods on earth, yea gods of earth, for ye shall die like men:) he hath lent you his name 〈◇〉 say, that ye might resemble him in nature; and as Lucian notes of stage-plays, if they misact a seruant or a messenger, it is {αβγδ}, a small slip, but if they fail in acting of Hercules or jupiter, it is inexpiable; did you onely represent the Kings person, and were defective in that, it were unanswerable, but take heed of misacting jupiter, therefore do nothing here but what God himself would, if he were in your place, for you are in his.  
Therefore you are to bee entreated to take heed of such things as do dim the sight of Iudges, as of Partialitic; turn not to the right hand of favour, nor the left hand of hatred, let not probable reasons for a friend bee preferred before demonstrations for an adversary; No, a judge when he put's on his robes, ceaseth to bee like ther men, but puts off all personal respects, knows no friend no kindred, no acquaintance, no favourite: letters also of great men,& petitions& motions by friends and favourites are ill for the sight of a judge, but say of them all Magis amica veritas; I will be content to lose that friend whom I cannot hold but with the loss of truth. The heady passion of rash anger makes him stone-blind in Philosophy, he is mad for the time, and therefore no way fit to determine of another mans inheritance, not being compos mentis, and so not sufficient in law to dispose his own if he were sick in bed. Let Deliberation go before Consultation, and both before Execution. For Company also I name bribes( a perilous pearl in a Iudges eye) for it alone hath made many lose their sight.) The Thebans because they would not haue their Iudges eyes put out on this wise, pictured them with their eyes covered, their ears opened, and( to be sure) without hands. O let worthy Epaminondas( by a blessed Metempsychosis) live in you, who though poor, refused great presents, saying, If that you desire be honest, I will do it because it's honest, but if not, I will not do it for a world.  
Now if there be any thing left to the discretion of a judge as it is most equal( or else you should be in no better case then the Athenian Iudges, who had their Fabas, or the Venetians who had their Globulos, or the Romans who had their Tabellas wherein their sentences were written, and so no power left to the judge:) but if there be any thing permitted to your wisedoms, see I beseech you, how you may improve it to do god the best service, that is, to make use of it there where the honour of God is least provided for, as in that which is so deere to God, his Name. If the King be spoken against, it is high Treason; if a Noble man be traduced, it is punishable by the Statute of Scandalum Magnatum, and a private man hath his remedy by action; onely the Name of God though deere to him, yet not so tenderly regarded, but as it is most grievously of all sorts rent and torn by that common and needless sin of swearing, so hath Law very slenderly provided punishment of it: Herein your Honors might be pleased so to improve your authority, that ye might do God almighty a good office, and after a sort( without offence) make him beholding to you.  
And where there bee laws in force against the sins of the times, I beseech you put them in execution; let there never bee such a complaint, that there wants yet one law for the execution of the rest.  
Execution is the life and edge of the Law, without this al severe and religious charges, will prove but like Iupiters block and papershot, terrible in noise, but harmless in event: but our experience hath made us formerly happy in you, and your own love of truth doth amply secure us in time to come. Onely never forget in whose room ye stand, and that ye bee fingers of that hand which governs all; And, He that justifieth the wicked, &c.  
In the next place I direct my speech to the learned practitioners of the Law, who are the Physitians of the body politic, but now let me take heed I speak nothing will bear an action of Exception, I quarrel not with your calling, I hold it not onely lawful, but needful, yea honourable: I complain not of your multitude, nor envy I your rising and greatness, nor shall I speak out of any private grudge to any, for I thank God I can speak neither good nor evil by mine own experience of any of you; neither in truth do I approve the practise of the Siciones, whose ambassador  told King ptolemy( enquiring the state of their Common-wealth) that they maintained no Physitians who corrupted health, nor Lawyers that disguised the truth; much less that of Pope Nicholas the third, who thrust all the practitioners of law out of Rome, saying they lived on the blood of the people.  
And yet I cannot but marvel, seeing the hardness of the times hath bound men to the peace, that some of you bee heard( like tradsmen on a wet faire day) to complain of a bad market, a small assizes, a few Nisi priuses: is peace on Earth so unwelcome, it being the best thing the Angels brought from heaven to earth, and that Christ left his Disciples when he went from earth to heaven, as if the physician should repined that his Patient mends? But doth not this more then evidently declare that many of you are birds of the prey,& that ye can not live but in troubled waters?  
many of you haue excellent parts of learning; and speech improve these for the widow, and the Orphan, and for them in for forma pauperis,( but these are as welcome as Lazarus to dives.) howsoever and whosoever pay the fee, be sure ye bee seruants to Law and Iustice; plead no bad causes, let not out yourselves to falsehood for a fee. God gave you not those abilities of nature, manured by breeding and education, to colour iniquity withall; Oh what pity it is to use so good stuff in dying so false colours? And what will ye plead when God comes to reckon with you for your Talents? Neither gaining( with the best) nor yet( with the worst) hiding: but( which is far more intolerable) abusing them to your Masters disadvantage.  
I can but wonder( except in some doubtful and rare case) that any Lawyer should fail if the case be put right,& as much that any Client should proceed, unless encouraged and warranted by his counsel: yet of four score Nisi prius-es not one goes away for want of counsel of either side, and yet I am sure the one half are in error, and must speak for it; how much better should you deserve your fee, to deal as plainly as the honest physician with a desperate sick man, and tell him his case is irrecoverable? Therefore vain it is to trouble himself and spend his money, and thus to cast could water vpon the fire of Contention, which you seem indeed to do; but experience shows, that some of you bring not water to put it out, but oil to increase it, and so( like bad helps at an house on fire) in that hurly burly serve your own ends.  
I hope here be none hear me that willbe retained on both sides,& so take a fee and a fee, or rather a fee and a bribe, and then( as Aeschines sometime twitted Demosthenes,) like that part of the balance incline to that party from whence it received most, which will soon turn either way because it's gold weight.  
I hope also here be none to be found guilty of that imputation, which Hildebert Bishop of Ments sometime laid vpon the Roman Lawyers; employ them and they will delay you, employ them not and they will hinder you; no, let this be as far from our as Rome is from England. And it were to be wished that Cate's aduise were in use among us, that none should bee called to the bar who are eloquent in bad causes: surely it will bee but a poor excuse another day to say I spake for my fee, and therefore must make candida de nigris& de candentibus atra, something of nothing. For your fee? May I not say as our saviour in another case, Verily you haue your reward: For your fee? Is not this with Balaam to earn the wages of unrighteousness, and little less then with ahab to sell yourselves to work wickedness? When Bassianus had slain his brother and Co-emperour Geta in their mothers arms, he entreated Papinianus a famous Lawyer to plead his excuse, whose Noble answer I commend to all of his profession; Non tam facile est excusare quàm facere fratri-cidium, It's easier to do wickedly then to excuse wickedness; No, thou maiest command my neck to the block, but not my tongue to the bar.  
Take heed also of these needless delays which prolong suits, as ill surgeons do cures when they heal( for their profit) too fast: I would there were such a Law with us as was in France, that all suits should end within the year, but here one suite will last many yeeres although it bee worn every term. If all such Demurrers had such a judge as was Galeace Duke of milan, who caused one to bee hanged for his delatory pleas in a manifest and clear debt, it would bee much available to iustice; but these delays are to the client like exquisite torments, which cause the tormented to die often in one death. And indeed those among you in this respect make more advantage of time then the greatest usurers, who onely sell forbearaunce, but you make your profit both of delays and of Expedition too.  
As for all other tricks and windings of injustice, as to stop witnesses, to outface truth with breaking of jests, with a number of such inventions to pluck your Clients like goose, leaving them naked to feather your own nests; let them bee held unworthy of free and ingenuous spirits, and bee left to men unworthy, having neither law nor conscience, and therefore must sell such as they haue for the fee.  
Your Profession is honourable; use it so then, in respect of God, to promote his honour; in respect of your country, for iustice exalteth a nation; in respect of yourselves, for integrity hono'rs you more then your places; in respect of your posterity that your Honour may bee lasting, lest you begin your house, and your sons end it; for an house built of Powlings and oppressions cannot stand long, but like the Treasurer Shebna's, who coming up of nothing thought to make himself immortal by his famous sepulchre, but was swept away like dung and dyed miserable among the Assyrians: And thus doth the Lord sweep such houses with the besom of destruction. But put case they should continue,& that they should call their lands after their names, yet envy not the oppressor, and choose none of his ways; for alas what is it to leave his posterity great, and himself die abhorred of God? For, he that justifieth &c.  
And now as I go I must also call to the worshipful vpon the Bench, entreating that none of them do use his power at home, or his grace with the judge here, to the maintenance or Countenance of any wickedman, to hold up any disorderly Ale-house against the best disposed in a town, who find the inconvenience in children and seruants.  
Let him not seek to curb or crush any honest neighbour that( as he thinks) stoops not enough to him, nor do any ill office to any good man, because he gratified him not at New year let him not smother any drunkenness, whoredom, or any other lewdness, though in some of his tenants or reteiners: In a word let him not stand up all this assizes to speak or bee seen in a bad cause, least seeking to make himself great in his country, he makes himself odious to God. For He that justifies, &c.  
And lastly Witnesses and jurors are to bee exhorted that they would make more conscience of an oath, in itself so sacred and so solemn a part of Gods worship; knowest thou, thou profligate wretch( who makest no bones of falsifying thy oath) whom thou wrongest? God, the judge, the Innocent. Thou offerest a most impudent indignity to God, whose presence thou contemnest; for by thy oath thou callest him to witness thy lie, whereby thou both( as much as in thee lieth) makest God partner in the untruth, and also callest him to punish thee for it. Thou wrongest the judge also, Quem mentiendo fallis; for through thy lie, he not rightly informed( if he proceed as he ought) must needs either justify the wicked, or condemn the just. As for the Innocent, Quem Testimonio laedis, he is clean undone and utterly overthrown, and so the most upright and honourable trial that any nation hath by the oaths of so many, is made the most base and despicable through the slighting so sacred a bond: and I doubt not but also for oaths of this nature, the Land mourneth; for how common is it vpon a Iezebels letter to find wicked men that will forswear themselves to accuse Nabaoth, or other that with Doeg, to please Saul will accuse Abimelech the Priest, or to serve their own turn with Ziba will accuse faithful Mephibosheth? It would make a man who knows the reverence of an oath, to tremble, to see and hear you of the Common sort, how desperately, and home ye will swear, especially in these two Cases, of custom against the Church, and copyhold against the Lord; but remember proverbs 19. 9. A false witness shall not bee unpunished; for, He that justifieth, &c.  
Thus is the sinner both Cast and Condemned; there remaines nothing now but Execution, which wee refer to the Lord Chief-Iustice of all the world, who sits in the great starchamber: and if he pay them not home at the stub, striking them in the very act of injustice, as he often doth, yet shall they bee reprieued but for a time, even to that great and black assizes, when every one shall receive according to his work.  
Me thinks I see the corrupted judge, the prostituted Lawyer, the suborned witness, the pliant Iuryman, with all the Hangbyes and appartenances to injustice, together with all those, who having bought iustice by the lump, do boldly fell it again by retail; me thinks I say, I see all those at that day, with ghastly looks, and despairing hearts, bringing back and casting from them their( more then thirty) pieces, crying out, We haue sinned, in betraying innocent blood.  
But no confession, no nor yet restitution shall then avail, much less can any hope of freedom by friends or bribes; Nec prece ne● pretio shal any there escape: seeing Iustice there was never yet corrupted, but remaines a virgin gloriously mounted, supported on the one side by lo( courage) fearing the face of none; and on the other by Libra( equity,) accepting the person of none. The countenance of the severest judge will not bee so fearful to the guilty prisoner as that day will be to the justifier of the wicked, and Condemner of the just; for, even they both are an abomination to the Lord.  
FINIS.