TWO SERMONS OF DIRECTION FOR JUDGES AND MAGISTRATES. By Matthew Stoneham, Minister and Preacher in the City of Norwich. 1. Pet. 2. 17. Fear God, honour the King. Rom. 13. 1. Let every soul be subject unto the higher powers: for there is no power but of God. printer's or publisher's device ANCHORA SPEI LONDON, Printed by Richard Field. 1608. TO THE RIGHT HONOURABLE SIR EDWARD COOK Knight, Lord chief justice of the Common Pleas. MATHEW STONEHAM Minister, wisheth the accomplishment of all his godly desires. I Had not suffered (right Honourable) these worthless labours of mine to have passed to the press, but that the importunity of many my friends have pressed me unto it. Quod exemplo fit, iure fieri putamus, saith the famous Roman Orator. The community of the act, may plead an immunity for this mine action. As the one of them was not long since uttered in your Honourable presence and audience; so now it presenteth itself unto your view and perusal. The other, which I have added unto it, provided upon the same occasion to have been uttered heretofore, preached in the same place, at the hearing of two honourable and grave judges now deceased, being then by other necessary business intercepted, rejoiceth that it hath so fit opportunity now at length to open itself to the view of the world. Though neither of them have aught else to commend them, yet Solomon himself will afford them commendations in this, that they are words uttered in due season, Pro. 25. 11. If God season them Pro. 25. 11. with his grace (though men do not grace them with their favours) it is as much as they expect, or I desire. And thus commending your Lordship to the protection of the Lord of Lords, I humbly take my leave. Your Lordship's poor orator, M. STONEHAM. THE FIRST SERMON. EZRA 7. 26. And whosoever will not do the law of thy God and the king's law, let him have judgement without delay, whether it be unto death, or to banishment, or to confiscation of goods, or imprisonment. A Rtashashte the great king of Persia, having given leave to Ezra together with his people to return to jerusalem, as may appear by the copy of Letters patents of the said great King to that purpose, vers. 11. of this Chapter, Vers. 11. authorizeth him also there (according to the wisdom of God which was in him, to set judges and arbiters over all the people that is beyond the river, vers. 25. Meaning thereby no Vers. 25. doubt, the river called anciently by the Hebrews Perath, Gen. 2. 14. by Gen. 2. 14. the Greeks' Euphrates, modernely, as it is probable, by a brief corruption of that word Frat, the mainest of the currents which do divide Persia from judaea, and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the river. And in these words now read, is set down as it were a table of direction, to inform all judges and Magistrates, in their several sessions and processions, what to examine, sentence, punish. This table consisteth (as I may so say) of two leaves or columns, whereof the former containeth in it Culpa or matter of fault: the other Poena or matter of punishment. The leaf or column culpable or of fault, is considerable in these words, Whosoever will not do the law of thy God and the king's law: The leaf or column penal or of punishment, is observable in these words: Let him have judgement without delay, whether it be unto death, or banishment, or to confiscation of goods, or to imprisonment. In the former leaf there be two branches: the former is the intent, the other is the extent of it. The intent hath in it three points, whereof the first is the manner of it, which consisteth both in undutifulness, in that they do not the law of God and the law of the king: as also in wilfulness, in that it is said, they will not do it. The second point is the order of it, in that it is not first said, the law of the king and the law of God, but first the law of God, and then the king's law. The third point is the matter of it, in two particulars; the one, will not do the law of God: the other particular, and the king's law. The extent of it is, that it concerneth not some, but out-spreadeth it self unto all whosoever. Concerning the second leaf or column of this table, which is penal or of punishment, I will then unfold and branch it out, when I shall come to the special handling of it: lest whilst I labour to propound method, I may haply confound memory. The former branch then of the two in the culpable leaf of this table, is the intent of it: will not obey the law of thy God, and the king's law: wherein because there is, manner, order, matter, the manner is first to be assumed to our handling, and that first in the undutifulness, do not: secondly in the wilfulness of it: will not do, etc. Their undutifulness appeareth, in that they do not, etc. All which did arise from the want of obedience, as the want of obedience chief springeth from the root of pride. Pride then causeth disobedience, and disobedience maketh undutifulness, not to do. Humility is submission, submission submittit, that is, putteth a man under his superior, not only in place for his condition, but also in office for action. But pride is elation, which elation effert, that is, carrieth a man aloft, even above his superiors, both in affectation of place, which is ambition, as also in prescription of office, which is transgression, that is, a going over or beyond a limited bound: a doing indeed of that which ought not to be done, but a not doing of that which ought to be done, the undutifulness here meant. The way then for a man to become most obedient, is first to become humilimus, most humble, and the means for a man to become humilimus, most humble, is for him seriously to meditate with himself, that he corporally is but humilimus, that is, the puddle or the slime of the earth or ground: ne ergo Lipsius' de Constantia. efferat se coenum supra coelum (as one speaketh) let not the earthly element labour to surmount the heavenly firmament: which it shall attempt to do, if we shall not only not do the law of the King, who is the immortal God's lieutenant in earth; but of God who is the mortal Kings sovereign in heaven. It is no doubt an happy combination, whereas Paul's ' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Tit. 2. 15. that is, authority and command, Tit. 2. 15. goeth coupled with Peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 1. Pet. 2. 13. that is, submission 1. Pet 2. 13. and obedience. Submit yourselves unto all manner of ordinance of man for the Lords sake. Where there is a doing of the law of the King, because there is a submission to all manner ordinance of man: there is a doing of the law of God, because it is to be performed for the Lords sake. It is a worthy saying of a learned Historian, who witnesseth French hist. in Henr. 3. that as in the person of a man the life consisteth in the union of the body and the soul: so in a kingdom, state, or commonweal, the life thereof standeth in the coherence and conjunction of commands, which be as the soul, and of obedience, which is as the body thereof. If either then (saith he) the soul of commands shall tyrannize over the body of obedience, by unjust laws; or the body of obedience will not receive the law of the soul in just ordinances, there ensueth a death to that kingdom, state, or commonweal. Though sic volo, sic jubeo, so I will, so I command, be the voice of tyrants: yet for a man to add his volo to God's jubeo, his will to God's command, is the harmony of obedience. The second thing I do consider in the manner of this intent, is their wilfulness, in that they will not do the law of God and the king's law. Their undutifulness forespoken of, may be likened to the rolling of the stone to the door of the sepulchre, Math. 27. Mat. 27. 60 60. Their wilfulness, in that they will not do it, is like the sealing of that stone so rolled, to make all sure, Math. 27. 66. The one is non obedire, the other Mat. 27. 66 a noll. obedire. The one putteth too the door against the law of God and the king, the other bars & bolts it. The one is like the sin of David, who did not obey the voice of the Lord, in marrying two sins together, to make a bloody divorce betwixt a married couple, I mean Bathshebah and Vriah, by committing of adultery with the one, and murder against the other. 2. Sam. 11. for which 2. Sam. 11. David afterward was so penitent, as he broke forth into this contrite confession, admonished by Nathan, I have sinned against the Lord. 2. Sa. 12. 13. falling, 2. Sam. 12. 13. as sometimes the Poets feigned the giant Anthaeus to fall, who by every fall in his wrestle with Hercules gained a man's strength: so David after his fall rose again, never in like manner to fall. The other nolle obedire, to nil to obey, is like the sin of Pharaoh the reprobate, in his detaining the Lords people, Exod. 5. 2. Who in the swelling of Exod. 5. 2. his heart uttered these words of blasphemy, Who is the Lord, that I should obey his voice? I know not the Lord, neither will I let Israel go. Neither will I, etc. He is not only undutifully, but wilfully disobedient: therefore was his fall as the fall of an Elephant, of whom it is anciently written, that being down, he is not able to rise again. In them that are only undutiful (haply) one sin upon better advisement may prevent another: but in them which are wilful, and therefore hardened like unto iron, as it is said, Prou. 27. 17. that iron Pro. 27. 17. sharpeneth iron: so one iron link in this iron chain of sin, tolleth & haileth on another, till posse non peccare, becometh non posse non peccare, that is, to be able not to sin, cometh to, not to be able but to sin. As the voice of tyrants standeth for a law, so the will of traitors standeth against the law. They will not do the law of God and the king's law. The second thing to be assumed to our handling in the intent, is the order of it. In that it is not first said, the law of the king, and then God's law: but in that it is said first, the law of God, and then the king's law. Most necessary it is, that the law of God should be set in order before the king's law. First because God is greater than the king. This may appear, not only in that David himself being a king, calleth God his king: My king and my God, Psal. 5. 2. Psal. 5. 2. In that also he bindeth kings in chains and nobles in links of iron, Psal. 149. 8. Psal. 149. 8. In that (a token of homage) kings bring presents and gifts unto him, and those not only of the Isles, but of Tarshish which is Cilicia, and of Shebah and Saba, which is the rich Arabia, Psal. 72. 10. and therefore all kings shall Psal. 72. 10. Psal. 72. 11. worship him. Psal. 72. 11. because when the whole earth consisteth of Isles and continent or firm land, the kings both of the Isles, and also of Cilicia and Arabia which be firm land, shall and do acknowledge subjection unto him, in that when it pleaseth him to put on his glorious apparel, even in the skirts of that glorious garment his name is written, A king of kings, and Lord of Lords. Apo. 19 16. But also the greatness Apoc. 19 16 of God above the king may appear, in that the great monarch of the earth, when they by the wings of their ambition have been so borne aloft, that of Kings they have become monarchs: yet being monarchs, the leaven of the same ambition hath so swollen them & in them, as of monarch (still aspiring to the higher) they would be Gods: as may appear by Alexander Quint. Cur. Pedio Mex. in Calig. & Domitian. the great among the Macedons, by Caligula & Domitian among the Romans; and among the Persians, by that proud Monarch, who caused an artificial globe of glass to be made, with a semblance of the Sun, and Moon, Du Bart. in 6. day the 1. week. and Stars in it, which went from East to West, & according to the circular motion of it, was wheeled and carried about again, and placed his throne in the top of it: where himself sitting in majesty, would seem a God and no man. But be it that these, in the great thoughts of their hearts would be taken for Gods, than the which they cannot climb higher: yet God to defy them who would thus deify themselves, is said to be a great king above all Gods. Psal. 95. 3. and Psal. 95. 3. by consequence, of such Gods as these would be. The office of Dictator among the Romans was above the place of a king, forasmuch as when many kings and kingdoms were subject to that State, the State itself during the time of his authority, was subject to the Dictator. Of this Dictator Plutarch writeth in the life of Fabius, that when Plutar. in Fab. it was lawful for him almost to do any thing, yet was it not lawful for him to ride upon a horse. By how much God is greater than kings, as he is greater than these Dictator's, who were commanders of kings, in that he rideth upon the heavens as upon an horse, yea in that the holy Cherub becometh as his horse, Psal. 18. 16. and Psal. 18. 16. the clouds are his chariot, & the wings of the wind his gallery whereon he walketh, Psal. 104. 3. And therefore Psal. 104. 3. because God is greater than the king, God's law in order is to be placed before the king's law. Secondly it is necessary that in order the law of God should be preferred before the king's law, because it is wiser than the king's law. When as the chiefest wisdom consisteth in two points, in the knowledge of God and of ourselves. The law of God like that ancient janus (whom Macrobuis Macrob. in Saturnal. testifieth to be double faced, for his wisdom in remembering things past, & foreseeing things to come) in most plentiful manner respecteth them both. First touching the knowledge of God this law of God informeth us in it, not only as God is the protector and redeemer of mankind, but also as he is the highest cause, and alone creator both of man and every creature beside, as writeth Thomas Aquinas: Cum Tho. Aquin. sacra doctrina de Deo determinet, ut altissima causa, inter omnes sapientias humanas, non solùm in genere, sed simpliciter est maxima sapientia: When the holy doctrine doth determine of God as of the highest cause, among all human wisdoms, it is not only in kind, but simply the greatest wisdom. Touching the knowledge of ourselves, that I may pass by the manner, matter, and end of our creation, what other writing I beseech you, doth so inform the understanding concerning man's fowerfold estate: of his innocency, of the law, of grace, and of glory, as this law of god doth? Search, read, advise, judge, whether (in comparison hereof) the wits and writs also of the sagest sort of men merely natural, have not been in this point as one speaketh, but as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. in Metaphys. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: like the eye of a night-bird dazzled against the rays of the Sun. Clemens Alexandrinus Clemens Alexandrinus chargeth secular wise men with theft, because whatsoever truth of God is to be found among them, they have rob from the Scriptures, as Plato the chief of them did from Moses, who was therefore called Moses Atticus, the Athenian Moses: of which mind also is justinus Martyr, whom Jusii. Mart. Apolog. for this purpose learned junius citeth, writing on the sin of Adam: when (as a learned man writeth) there is a twofold law unwritten, which is either junius de peccat. Ada. Antoni. Sebast. Min. de office Ecclesiae praest. Orat. 2. of nature or of custom; or written, which proceedeth either from God, or from man, or from both: the written law of merely man may be changed, as of him whose defective wisdom may be perfected; but the written law of God simply, or of man inspired and directed by God subordinatly, must not be changed, because his law is like himself, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a perfect gift, and the nature of perfection is to admit nothing to be added to it, to permit nothing to be taken from it. A law which hath like God himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, no change, jam. 1. 17. or as S. Hieron. adversus iovinianum jam. 1. 17. interpreteth it, nullam differentiam, no difference. And therefore Hier. adver. jovinian. because it is the wiser law, is God's law in order to be placed before the king's law. Thirdly it is necessary that in order the law of God should be set before the king's law, because it respecteth a better object than doth the law of the king. The law of the king worketh about the conservation of bodies: the law of God laboureth about the salvation of souls: by how much then the soul out-matcheth the body, by so much the law of God out-valueth the king's law. To let pass other reasons, whereby it may appear unto us that the soul is of more price than the body (wherein I might be plentiful) this for this time shall suffice. The body separated from the society of the soul, becometh first a carcase, than a carrion, declining from good to ill, from ill to worse; from a body to a carcase, from a carcase to a carrion: but the soul (on the contrary side) disjoined from the fellowship of the body, aspireth from ill to good, from good to better, from bondage to liberty, from liberty to bliss; from bondage in the body, to liberty from the body, to bliss in and with God. And when (in representation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the great world) man is said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a little world: man this little world consists of two parts, soul and body, even as the great world of heaven (whereunto the soul may be likened) and of the earth (whereunto the body may be compared.) This soul to this end S. Bernard S. Bernard. resembleth to heaven, wherein righteousness is as the Sun, constancy as the Moon, which is long-lasting and during, Psal. 72. 7. faith, Psal. 72. 7. hope, charity, and other Christian virtues, as the stars. As heaven than is more noble than the earth: so is the soul of man, which is like unto heaven, more precious than the body of man, which being of the earth is earthy, 1. Cor. 15. 47. And therefore 1 Cor. 154. 7. because it respecteth the better object is the law of God in order to be placed before the king's law. Fourthly and lastly, necessary it is that in order the law of God should be set before the king's law; because as there is no need of a rudder where there is no ship: so there needeth no law where there is no commonweal; but there can be no commonweal where the law of God is not: for as much as where piety is wanting toward God, there cannot be performed any duty to man. Let theology die, and no policy can live. Every kingdom (in such a case) will become a thraldom, every commonwealth a Chaos, every Monarchy an Anarchy. Man must first be persuaded that there is a God, before man will ever reverence the assembly of Gods, Psal. 82. 1. This was Psal. 82. 1. well known unto those ancient Sages the first inventors of religion to their people (although not in verity as we have it, but in policy, as they could have it:) who as Pol. Virgil witnesseth, Pol. Virg. de Invent. rerum. even in the first spring of their kingdoms and states, lest they should as soon be dissolved as they were established, supplanted as they were planted, did rather invent than they would want a religion. Thus among the Egyptians did Hermes, among the old Latins Eanus, who also (as Lactantius Lactantius. writeth) was called janus, among the Romans Numa Pompilius, among the Greeks' Orpheus, among the Cretenses Melissus. Whereas (on the other side) the law of God may be, and stand, without a commonweal, as that which is naturally implanted in the heart of man; as might undoubtedly appear in those Barbarians which were anciently straggling in the world before they had a Theseus to congregate them into cities and corporations: as that which also at this day is proved among the rude & naked Indians in the Western parts of the josep. Accost. hist. natural and moral, of the East and West Indians. world, who by the light of nature acknowledge (as joseph Acosta a Spaniard witnesseth) a supreme Lord, author of all things, whom they of Peru call Vuachoca, and give unto him the names of Excellent, Creator of heaven and earth, Admirable. And therefore because no commonwealth can stand without the law of Cod, and the law of God can stand without the commonweal, is the law of God to be placed before the king's law. This doctrine affordeth unto us the application of a twofold instruction, whereof the one is, the sustaining of the Church, the other is the maintaining of the Churchmen. First the Church is to be sustained, the arches & pillars whereof are with all care and diligence to be shoared and supported, lest the fall thereof bring with it a coruine and inseparable downfall of the commonwealth. A thing which not I but the truth itself, and that with the voice of her sister wisdom, crieth in the highest places Pro. 9 3. of the city, Prou. 9 3. that it is to be done, if not for Gods, yet for the world's sake; if not for the souls, yet for the body's sake; if not for the Churches, yet for the commonweals sake; if not for piety, yet for policy sake: because neither the world, nor the body, nor the commonweal, nor policy, can stand without God, the Church, religion and piety. The second instruction from hence to be apprehended & applied, is, that Churchmen are to be maintained, both in their ability for their purse, and in dignity towards their persons. For albeit piety through the impiety of these times, may seem (long since) to have been banished, and with that old Astraea, to have been enforced to leave the earth and to fly to heaven, there to make complaint unto God of her hard usage among men: yet Policy still standeth, and pleadeth still for us. This may abundantly be proved by the guise of the ancient barbarous and Ethnic people (as joh. Bohem. de moribus om●●● gent. johannes Bohemus writeth de moribus omnium gentium) both among the ancient Egyptians, Aethiopians and Arabians. Concerning the Egyptians, the same author witnesseth, that none De Africa, cap. 4. but they which were Priests sons, above the age of twenty years, and well learned, might attend on their Kings: which he seemed to have borrowed out of Diodorus Siculus, lib. 2. Diodo Sicu, lib. 2. That also when the revenues of the land of Egypt were divided into 3. parts, the first part was due unto and divided among their Priests, as they which were of the greatest estimation, partly for the administration of the service of their gods, partly for their learning and wisdom, partly also because they were as oracles to the Nobility for wisdom and counsel. The second part went to the King, to these ends: that it might maintain his own royal estate, that secondly it might sustain the charges of his wars, and that thirdly it might be a fountain of his bounties towards men of the best deserts. The third part was shared among the pensioners & men of war. Touching the Aethiopians of old job. Bohem. Ibid. time, the same Author in the same place reporteth, that they were wont to choose their Kings of their Priests, and of such among them as they knew to be more religious than the residue. A custom also (if not at this day) yet not long since used in Iseland, as Giraldus Cambrensis writeth in his topography of Ireland. In Hislandia Girald. Camb. Topograp. Hiberniae. (saith he) utuntur eodem Rege, quo Sacerdote, eodem Principe quo Pontifice. Penes enim Episcopum tam regni quàm sacer dotij iura consistunt: that is, in Iseland they use the same man for a King and Prince whom they use for a Priest and Bishop. For the rights aswell of the kingdom as of the Priesthood, are in the power of the Bishop. A guise also among the famous old Romans', who when they could bear any thing better than the name of a King in their commonweal, so retained they still (an honour no doubt unto that order) nomen Regis sacrificuli: the name of the sacrificing King, among their Priests. The patriarchs were kings and priests in their families. The Apostle Peter without doubt by the direction of the spirit of God, joineth royal priesthood together, 1. 1. Pet. 2. 9 Hierome. Pet. 2. 9 whereupon S. Hierome saith, Ecce cum Regali dignitate Sacerdotium copulavit: Behold he hath coupled the Priesthood with the Royal dignity: and his Majesty in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. affirmeth, that Rex non est merè laicus, that a king is not merely laical: which show that the kingdom and priesthood are not incompatible. In Arabia likewise the old Panchaiani (as the job. Bohem. in Asia. ca 2 same Author avoucheth in the same book) delivered their customs, revenues, and all their profits into the hands of their priests, who might according to their discretion, as they found it necessary & expedient, justly distribute them to every man as he had need. What should I speak of the honour that the old Saracens did bear unto the Caliph of Babylon? from whom (an honour greater unto their Rich. Knols gener. hist. of Turks, pag. 57 Priesthood, than we can either expect or dare warrant in ours:) from whom (I say) the great Sultan's of the Turks and Saracens, before the succession of the Ottoman house was established, took their authority, as from their superiors, the true successors of their great prophet Mahomet: or of the high account and esteem that the Grand-Segnior at this day of the Ottoman line maketh of his Muphtis or Mophtis, that is, his Metropolitical Priest or chief Bishop, without whose advice & counsel he undertaketh no matter of importance. If also any inferior priest of the Mahumetane law at this day, shall have any outrage done unto him, in being violently stricken, if he be a In Turkish 〈◊〉. Turk which so doth, he loseth his right hand; but if he be a jew or a Christian, he is burnt alive for it? What should I also remembrance you, of what esteem and regard even the very barbarous Christians have made their priests and priesthood, even to these times, among the Russes and Africans? among whom the Emperor of Russia saith of his Metropolitan, that he is God's spiritual officer, and himself but his temporal officer: therefore leadeth the Emperor the Discovery of Englishmen in Ant. jenkinson. pag. 34 3. metropolitans horse on Palme-sun day, and on twelve day the Emperor standeth by on foot, whiles (according to the custom) the Metropolitan sitting on horseback, blesseth the waters of the river Moscow. The great commander of Africa also, whose power is commonly a thousand thousand men and five hundred Elephants, is called by the name, not of Monarch, Emperor, or King, but is styled (as he thinketh) by a phrase of far greater glory, that is, Presbyter a Priest. In whose largely extended Empire there be four orders: whereof the Priesthood is of the first and most eminent: the second of Sages, called also Balsamates or Torquates: the third of the Nobility: the fourth of the Perisioners and men at arms. All which (and more than which, that might be alleged) should move us with all love and industry to maintain churchmen, if not for piety sake, yet for policy sake. That seeing men of that coat and calling can have little help (as these times be) by piety, which is as the body of Christ, yet with the woman we may be cured and medicined, Math. 9 20. at least Math. 9 20. wise by policy, which is as the hem of Christ's garment. The third thing to be assumed to our handling in the intent, is the matter of it, in two particulars. First, will not do the law of thy God: secondly nor the king's law. Will not do the law of thy God, etc. There is a threefold transgressor of the law of God, which if they shall not only be undutiful but wilful, deserve a more sharper edge of punishment to be inflicted on them. The first is he that transgresseth against the doctrine of the law, as it is the subject of faith. These be Heretics, who defend some dogma or self hatched opinion (as Augustine writeth) August. contra verbum cum pertinacia, against the word with stubbornness, induced by one, two, or all these three allurements: vainglory, gain, and flattery of great men that way inclined. For vainglory, S. Cyprian saith: Initia haereticorum, ut sibi placeant: they Cyprian. are the beginnings of Heretics, to please themselves: according to which S. Hierome writeth in Zach. 13. Whatsoever Hieron. in Zach. 13. they conceive they turn it into an idol. The covetous man worshippeth his Mammon, and the heretic dogma quod finxit, the opinion which he hath coined. For gain, preferment or flattery, Theodoret tendereth Theodoret. Paulus Samosatenus for an instance, who being led with hope of great gain and preferment, which he expected from Zenobia Queen of Arabia, fell into that heresy which afterward became his overthrow. The second transgressor against the law of God, is he which transgresseth against the moral precepts of the law, as it is the subject of life and manners. This is chief done by these principal means. First by blasphemy, which word is derived 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of violating or hurting the great, holy, and reverend name of God, by vain oaths, false oaths, imprecations, exorcisms, etc. A thing was it, so punished by justinian the Emperor, as he justinian. that did profanely swear (oh a thing very usual in these times) by any member of God, or by his hair, or did any way blaspheme God, he died for it. Secondly it is done by murder, which is an unlawful taking away of the life of man by man, whether it be by an immediate act by himself, or auxilio and consilio, by some mediate aid or counsel from another. Murder is a sin so abhorred of God, as that it may not go away unpunished, he maketh inquisition for it, Psal. 9 12. Yea unless a man hate blood, even Psal. 9 12. as God doth hate blood, blood shall pursue him. And to show the certainty of it, it is doubled again, even blood shall pursue him. Ezech. 35. 6. Ezech. 35. 6 Thirdly it is done by theft, which God hath not only forbidden as a breach of a branch of the Decalogue, Exod. 20. 15. Thou shalt not steal: but Exod. 20. 15 also by making those fowls & beasts which are given to prey and ravin, an abomination. Levit. 11. This sin Levit. 11. in the time of Edmund Ironside could scantly be found in this land, but in these days this kingdom swarmeth with many an Autolicus, of whom Ovid reporteth, that he was furtum ingeniosus ovid. ad omne, his craftsmaster to prove a master thief. Fourthly it is done by adultery. This God so detesteth, as he would not have it once named amongst us, as it becometh Saints, Ephes. 5. 3. It is Ephes. 5. 3. the very source & spawn, fountain and foment of fearful murtherings and poison, even betwixt them who being coupled in one yoke of matrimony, aught to be most near one to another, in regard of a fourfold combination, of goods, names, bodies, and minds also, but that this lustful monster, like unto the sword of Alexander the great, cutteth in sunder the Gordian knot of love: yea (as histories be too full of such examples) of life also. Fiftly and lastly (because I cannot insist upon all) it is done by drunkenness: which is not only a transgression itself, but a mother sin to all the residue. For when (I beseech you) is a man more ready to blaspheme, kill, steal, break wedlock, then when it may be said of him, that he is affected as that Emperor was, which for Bonosus. his overmuch drinking was called a bottle. Many good laws have been made for the restraining of this sin, but they died as it were in their birth, because they have been enacted but not acted, written in glass not in brass. Cities and corporations (for the most part) are as full of Alehouses, Alehouses as full of drunkards, and drunkards as full of sin, as they were before these laws were published, which were (it should seem) decreed rather to be put to execution, then to be put in execution. The third transgressor of the law of God, is he which transgresseth against them both, that is, both the doctrinal & moral precepts of this law: these are the Atheists, who acknowledge no life but this, no God but their pleasures; who sleeping in, and being overwhelmed with sensuality and security, although they be men, yet have the first sparkles of nature more quenched in them, than the Elephant being but a beast, yet of all other creatures coming nearest unto man, for his disciplinable apprehension, acknowledging a Deity therein, doth he worship the Moon, and Sun, and stars at every change. The second particular in the matter of the intent, is that they will not do the king's law. From hence may I derive both confutation & instruction. First from hence may I derive a confutation of them who would have the Priest to be a medium of superiority betwixt God and the King: when here by the Spirit of God immediately after God is placed the King, as he who (as Tertullian writeth ad Scapulam) Tertul. ad Scapulam. is next unto God, and obtaineth from God whatsoever he hath, only inferior unto God. As this anciently was, so ought it now to be: a subordination not of God, Aaron, and Moses, but of God, Moses, and Aaron; to show that Aaron must be under Moses as Moses under God. Secondly from hence I may derive instruction, of a twofold lesson, whereof the former concerneth the King, the later the subject. The former lesson instructeth the King in an awful reverence towards God, that as God is placed before him, so he should place God before him. King's are the children of the most High, Psal. 82. 6. As Psal. 82. 6. the child therefore yieldeth reverence to his father: so ought kings as children to God their Father. The other lesson instructeth the subject in a dutiful obedience, that forasmuch as the king is placed next & immediate under God, so he obeyeth him in & for God, if he shall not be contrary unto God. The authority of the King is then disauthorized, when he shall either command that which is evil, or forbidden that which is good: for the King's sceptre and privilege chief lieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in things of a mean and indifferent nature. To deny then the King's command in matters indifferent, it is to encounter his authority in the best title of it; a guise of some, who (haply) for their zeal may be commended, for their ignorance are to be pitied, for their stubbornness, in that they will not do the king's law, are to be punished. Hitherto the intent. The second point in the culpable leaf of this table, is the extent of it. Whosoever will not, etc. It is not then to be required of some, but to be looked for from all. Whosoever: This I can but point at, not prosecute. The second leaf or column of this table is penal, or of punishment. This is proposed first more generally in 3. members, whereof the first is the denunciation of a sentence, in the having of judgement: the second, the expedition of it, without delay: the third is the application of it, which is set down both in specie, or more specially, let him: as also in genere, or more generally, whosoever. Secondly this leaf or column is proposed more particularly in four branches: first by death: secondly by banishment: thirdly by confiscation of goods: four by imprisonment. The first of the three members more generally proposed, is the denunciation of a judgement, in the having of judgement. This having of judgement, both authorizeth the judge, and also discourageth the offendor. First it authorizeth the judge: for he that commandeth the judge that he must do it, authorizeth also the judge that he may do it. judges are of Gods own raising, judg. 2. 16. and judg. 2. 16. also of Gods assisting, as with whom the Lord is said to be, Vers. 18. Therefore judg. 2. 18. authority cannot be controverted, unless God himself in some sort be countermanded. For the better understanding of this judgement, we must know that there is a threefold judgement, Coeli, seculi, conscientiae, supernal of heaven, internal of conscience, external of the world. judgement in this place is not to be taken for the supernal judgement of heaven, neither yet for the internal judgement of conscience, but for the external judgement of the world: whereunto God encourageth the heads of jacob, and the Princes of the house of Israel, Micah. 3. 1. Hear o ye heads of jacob, Micab. 3. 1. and ye Princes of the house of Israel, should not you know judgement? which judgement, S. Hierome interpreteth either S. Hierome. for right reason, or administration of justice, according to that Psal. Psal. 72. 1. 72. 1. Give thy judgement unto the king o Lord, and thy righteousness unto the king's son. judgement to the king, that is, administration of justice. judgement and justice in the Scriptures seem to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, words of one signification. Yet David Psal. 94. 15. distinguisheth Psal. 94. 15. them, where he saith, that judgement shall return to justice. In which place, judgement (as it is probable) is taken for the execution of the sword, and justice for equal decision of matters in controversy. Secondly, this having of judgement discourageth the offendor, in that though for a time he hath run on his heedless and heady race, in being both undutiful and wilful against the law of God and the king's law: yet notwithstanding God hath a time wherein he that would not submit himself unto the tenor of the law by doing, shall be enforced to yield himself unto the terror of the law, by suffering: for there is not only judgement passed, but execution out against such: Let him have judgement. The second of the three members more generally proposed, is the expedition of the sentence, without delay. Priùs consulto, deinde maturè facto opus est: a judge must first determine with deliberation, and then (what he hath once ripely determined) act with expedition. A long suit hanging in the Court of a judge, will be no more grace unto him, than a long sore under the hand of a Chirurgeon: which may (peradventure) increase his coin, but will decrease his credit. The cause of a poor man must not be delayed before the bar of a judge, as the diseased poor man lay before the pool of Bethesda, even eight & thirty years, and was not cured, joh. 5. 5. joh. 5. 5. The reason whereof was, because when an Angel came and troubled the water, another stepped in before him, & was healed. But the cause herein must be inverted; for whereas there was first the troubling of the water by an Angel, and then the stronger stepped in before the weaker: here it must be deemed, that first the stronger steppeth in before the weaker, and then troubleth the water with angels. The Lion (as we know) is not only valiant but swift. The throne of Solomon was guarded on both sides with Lions, 1. Reg. 10. 20. hieroglyphically (as it 1. Reg. 10. 20. were) to set forth unto us, that they which sit on thrones should be as Lions, not only in ability of action, but also in agility of expedition. As God is said to be against the soothsayers, adulterers, false swearers, oppressors, a swift witness, Malach. 3. 5. so they Malac. 3. 5. who sit upon God's seats, against such malefactors ought to become swift judges. A thing was this so carefully provided for in the jewish commonwealth, as their judgement seats were in the gates of their Cities, Ruth. 4. 2. Ruth. 4. 2. A means of the more quick dispatchall, so that there might be judgement without delay. The third of the three members more generally proposed, is the application of the sentence, which is to be handled first in specie, or more specially, let him: that is, him who hath been thus undutifully and wilfully disobedient against the law of God, and the king's law. Let him even in his own person, that as he in his own person hath done what he should not: so himself in his own person may suffer what he would not. The judge must take heed of Herod's miscarriage, who conceiving a displeasure against Christ, unjustly bathed his sword in the blood of all the innocent babes of the male sex, in Bethleem and the coasts thereof, from two years downward, Math. Math. 2. 16. 2. 16. Secondly this application is to be handled in genere, or more generally, as this him hath a reference to the forenamed whosoever. The judge must be in God's seat like unto God himself, who respecteth no man's person, Act. 10. 34. but saith of every soul Act. 10. 34. that sinneth, that it shall die the death, Ezek 18. 20. Ezech. 18. 20. He must not be affrighted with fear, nor blinded with favour, nor corrupted with jucre, but even as the needle of the compass pointeth always towards the North: so ought he to have a perpetual aspect toward justice. judex cordatus, lapis quadratus: a courageous judge is like a quadrangular stone, which what way soever you shall turn, it lieth quadrangular still, or like a mountain firm in itself and defensive for others, in which the people may make them caves, and strong holds against their adversaries: as the Israelites did in the mountains against the Madianites, judg. 6. 2. This is the means judg. 6. 2. for the judge to be loved of good men, and to be feared of the evil; An example hereof we have in the French history, in the Duke of Anjou, being In Charl. 9 afterward Henry the third of France, who notwithstanding the mediation of many Lords and Captains to the contrary, put a certain Captain, a Turk by nation, to death for manifold robberies and spoils, whereof he was convicted: whereupon (saith the history) he was well thought of by all good men, and feared by the evil. In the second place of this penal leaf or column of this table, are proposed four particular limbs, whereof the first is death, the second banishment, the third confiscation of goods, and the fourth imprisonment. Of these several particulars I cannot particularly speak, but must close them all in one. Three principal qualities there be, which are craved in a judge (saith his royal Majesty in one of his memorable orations uttered in the Parliament house) courage, knowledge, and sincerity, which three qualities may be easily derived out of these four particulars. First from hence may be derived courage, because (according to the quality of the offence) there is not only to be imposed imprisonment, confiscation of goods, and banishment, that is, loss of liberty, goods and country: but death also, which importeth the loss of life itself. Although the judge is to provide what in him lieth that it may not be said of his judgement seat by overmuch severity, as it was sometime said of the Tribunal seat of Lucius Cassius a Roman Praetor, Valer. Max. that it is scopulus reorum, that is, the Rock of defendants and guilty ones: yet is he to know & acknowledge on the other side, that God hath given him a sword not for nought or in vain, but to take vengeance on him that doth evil, Rom. 13. 4. Qui semel malus, semper Rom. 13. 4. praesumitur esse malus: he which is once evil, is always presumed to be evil. As this is supposed by law, so is it certainly true, unless it be transposed by grace. The impunity of sin is an invitement to further sinning. A worthy example hereof we have in that late French Historian john de Serres joh. de Serres. in the reign of Charles the fair, the four and fortieth king of France: In whose time a certain Gascoigne under colour of being nephew to Pope john the 22. then resident in Avignon, had his pardon for eighteen crimes by him committed, whereof the least deserved death: yet thereby could he not be reduced from his wickedness, but more and more encouraged and incited to harden himself therein: till in the end waxing worse and worse, by the counsel and judgement of the said Charles the 4. he was put to death. But in the interim that saying which Chrysostome to another purpose uttereth, Chrysost. may herein be applied: Dum parcebatur lupo, mactabatur grex: while the wolf was spared, the flock was spoiled: and better it had been that one had more timely been ended, that so many might not have been offended. The second principal quality craved in a judge, is knowledge, which may also from hence be derived. Without this knowledge courage is strong indeed, but blind and cannot see, and Andabatarum more, after the manner of them who fight blindfolded, hurteth as well friends as foes, the guiltless as the guilty: or if it shall wound only the guilty, it may either be excessive or defective, either giving death, where banishment, confiscation of goods, or imprisonment might have sufficed; or imposing only banishment, confiscation of goods, & imprisonment, where death should have been inflicted. None might come into the number Picus Mirandul. of the Rabbins among the jews, until they could speak seven languages: so is it to be wished that none might be made a judge, until he were wise according to the mystery of the number of seven, which is a number of perfection. The third principal quality craved in a judge, is sincerity or equity, which also may from hence be derived: without which wisdom is lame, and though it seethe what ought to be done, yet neither will nor can do what it seethe. This sincerity or equity giveth suum cuique: the own to every man: like that logical rule, which is called lex justitiae, the law of justice. This sorteth and fitteth every scourge and punishment according to the fault and error of the offendent or delinquent: death to whom death belongeth, banishment to whom banishment fitteth, confiscation of goods to whom confiscation of goods sorteth, and imprisonment to whom imprisonment appertaineth. judex, saith Isidorus, a judge is Isidor. so called, quasi ius dicens, one that speaketh right, unto whose tongue his heart and hand ought to have correspondency, in giving to every man his ius or what belongeth to him. These (right Honourable) are three ornaments in judges, which will enrich and ennoble them more than the robes wherewith they are garnished, or the troops wherewith they are attended. A triplicity, which if it shall be found in an unity in the persons of judges and Magistrates, no doubt will make them pleasing unto God who is trinity in unity. Cornelia that chaste & famous Roman matron (when a certain noble woman of Campania was boasting and glorying of her ouches and ornaments) held her talk until the Gracchis her sons came home, at whose return she made her this answer: & haec sunt ornamenta mea: Tiber. & Cai. Gracch. and these are my ornaments. If judges and Magistrates shall say of these three virtues, as Cornelia did of her two sons, haec sunt ornamenta mea: these are mine ornaments: oh, it will advance them so high from the thrones of their justice and judgement to the throne of God's graces and favours, as they shallbe admitted to be judges, to judge for God in this world, and kings to reign with God in the world to come. Which God grant unto all faithful judges, and all his faithful people, for his sons sake: to whom together with the holy Spirit, be ascribed all honour, glory, praise, power, and dominion, both now & ever. Amen. THE SECOND SERMON. 2. CHRON. 19 5. 6. And he set judges in the land in all the strong Cities of juda, City by City, and he said unto the judges: Take heed what ye do, for ye execute not the judgement of man but of the Lord, and he will be with you in the cause and in the judgement. IEhosaphat (right Honourable) being the king and supreme governor of the land of juda, thinketh it a point of his duty to substitute and depute inferior governors under him, that so himself might be the more eased, and his land the better governed: the truth whereof the drift and purport of this my text doth make plain unto us. The words may be divided into two parts, whereof the former concern the ordination of judges, in the fift Vers. 5. verse: the other the information of judges, in the sixth. In the ordination Vers. 6. of judges there be three points of me to be handled. First who were ordained; judges: secondly by whom; By him, that is, by jehosaphat. Thirdly where: first set down more generally, in the land: secondly more specially in four members. First, in the Cities of juda. Secondly, all the Cities. Thirdly, the strong Cities. Fourthly, City by City. In the information of judges I am to consider: First the lesson of it. Secondly the reason to enforce it. The lesson consisteth of three precepts, whereof the first is of courage: that judges are to do. Secondly of wisdom: that they are to take heed. The the third of both linked and coupled together, that they are to take heed what they do. The reason for the enforcement hereof openeth itself in a twofold consideration: whereof the former is, whose judgements they do execute, set down first negatively, not of man: next affirmatively, but of the Lord. The second consideration is, that they themselves are to be judged: to be collected out of these words, that the Lord will be with them in the cause and in the judgement. If they do well, in mercy to reward them: if they do evil, in judgement to punish them. First then concerning the ordination of judges, & the first of the three members therein contained, who were ordained, judges; who were officers appointed either immediately from God, or mediately by Kings and Princes Gods lieutenants, wisely to hear, and indifferently to determine matters & causes betwixt parties and parties. Wherein great care is to be had, that judges may first be informed by the law, according whereunto they are after to conform themselves and their people: for there is & aught to be a mutual reciprocation betwixt the law and the judge, the judge and the law. That as the law is a speechless judge: so the judge may be a speaking law. Neither ought the phrase of the law only to dwell in his lips, but the sense of the law to live in his person. Wherefore by a certain learned man is he called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a living law or soul bearing justice; a living law so needful, and a soule-bearing justice so necessary in all States and commonweals, as without them they become dead and breathless, rather cadavera then corpora, that is, carcases than bodies. These be the eyes of kingdoms and states, which being put out, because every man will then do that which seemeth good in his own eyes, judg. 17. 6. large limited monarchies will become Iud 17. 6. like huge limmed Poliphemus when his eye was taken from him, in daily danger of downfall and destruction. The necessity of whom are further set down unto us Zachar. 10. 4. in that they are called by the name of Zach. 10. 4. a corner, or a nail, whose nature is to hold fast and close together; to show that without them the veins and sinews of kingdoms are loosened, & the knees of States do smite together with jars of discord, and wars of homebred insurrection, as sometimes the joints and sinews of Belshazzar the king were loosened, and his knees Dan. 5. 6. smote together, at the vision of his kingdoms division, Dan. 5. 6. The second thing is, who ordained these judges, (he) that is, jehosaphat the king and sovereign of the land: Honos onus: honour is a cumber; and he which sitteth on the hill of authority, beareth a burden on his neck as heavy as was the hill Atlas. As the Sun therefore having absolute light in itself, yet being not able alone to satisfy the earth's contentment, dareth & transfuseth the beams thereof to the orbs of the Moon and other stars, which may supply in the Sun's absence: so Kings and Princes having absolute authority in themselves, yet being not able alone to extend the same to the satisfaction of every subject, are enforced to depute and subordaine Viceroys, Vicegerents, Lieutenants, Precedents, Deputies, judges, Magistrates and other inferior officers under them, which may furnish out this defect. And no marvel it is: for how is it possible for one man alone to sustain the burden of God's office? Now that Kings and Princes stand charged with the office of God, it may appear in that they are graced with the name of God, Psalm. 82. 2. Psal. 82. 2. Hence it is, that Moses being weary of bearing the burden of the whole people alone, and complaining of it, Num. 11. 14. God came down in a Num. 11. 14 cloud, and took of the spirit of Moses, and put it on the seventy ancient men that should assist him, Numb. 11. 25. Num. 11. 25 Hence it is that God himself appointeth it to his people: judges and officers shalt thou make in the Cities which the Lord hath given thee throughout the tribes, and they shall judge the people with righteous judgement, Deuter. 16. 18. Hence it is that Solomon appointed twelve Princes under him for the governing of his whole kingdom. 1. Reg. 4. 7. Hence it is that Darius constituted 1. Reg. 4. 7. & ordained an hundred and twenty governors under him, for the ruling of all the provinces of the Monarchy: three over all, whereof Daniel was the chief, Dan. 6. 1. 2. Dan. 6. 1. 2. Hence it is that king Ahashuerosh among the rest of his Princes to whom he made his feast, made the same to his Governors: whereby we may observe he had Governors, Ester. 1. 3. For this cause the Philosopher calleth Ester. 1. 3. judges and officers thus appointed under Kings and Princes, in the 4. book of his politics, for their wisdom their eyes; for their instruction Aristot. Polit. lib. 4. their ears; for their protection the hands; for their supportation the legs of the Common wealth. And Philo judaeus that learned man, writing de Philo Judae. de create. princip. creatione Principis, saith, Id quoque summae potestatis officium est: that is also the duty of the highest power or kingly authority, to substitute governors under him for the administration of justice: for one man, quantumuis forti alacrique corpore simul & animo, in tanta mole & multitudine negotiorum non sufficit: though he be of never so strong a body and cheerful a mind, yet in so great a weight & multitude of businesses is not sufficient. The third thing is, where jehosaphat set these judges, set down first more generally, in the land: secondly more specially in these four points which in their places shall be handled. First, in the land; without which a fruitful land is made barren: for where the land is ungoverned, there it is unoccupied; where it is unoccupied, there it becometh a wilderness, Jer. 17. 6. jere. 17. 6. with which a barren land is made fruitful. For while as barrenness chief proceedeth from winds, and tempests, and drought, and parching of the Sun: a Prince, a Governor, a judge, a magistrate is said to be a hiding place from the wind, a refuge against the tempest, as a river of water in a dry land, and as a shadow of a great rock against the parching of the Sun, Esay 32. 1, 2. Secondly Esai. 32. 1. 2 more particularly in four points: first in the cities of juda: old jacob had foretold, Genes. 49. 10. that the Sceptre Gen. 49. 10. should not departed from juda, nor the lawgiver from betwixt his feet, till Shilo should come. The truth whereof is here furthered by jehosaphat, in that he planteth as it were a sceptre in juda, and placeth a lawgiver betwixt the feet thereof, when he setteth judges in the cities of juda. Cities they are prone first unto deceit; therefore as the Greeks' call a City by the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Romans by that word expressed deceit, to show that cities are subject to fraudulency. Secondly, cities are prone to cruelty; therefore though jerusalem were the light of nations, the lady of the world and the city of the great King, yet is she called a bloody city, Ezech. 22. 2. Ezech. 22. 2. Thirdly, cities are prone to incontinency: examples whereof we have in Sodom and Gomorrha; who for that they burned in the flames of unnatural lusts amongst themselves, therefore brought down the flames of fire and brimstone from heaven, to the burning and turning of them and their cities to cinders and ashes, Genes. 19 Gen. 19 Fourthly and lastly, Cities in a word are prone to all sins and wickednesses: wherefore Samaria which was the head city in Israel, is said to be the wickedness of jacob, Micah. 1. 5. To Micah 1. 5. the end than that this deceit in cities might be repressed, cruelty oppressed, incontinency restinguished, and all sins and vices (as evil humours that crase the health of the commonwealth) removed, jehosaphat placeth judges in the cities of juda. The second thing is, all the cities, etc. some without all, is partiality; all as well as some is equity. Equity not partiality ought to be the livery and cognisance of kings, princes and judges. Xenophon writeth in his book 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: A good ruler nothing differeth from a good father. A good father (as we know) respecteth not the good of some of his children, and neglecteth the welfare of the rest; but standeth equally affected unto them all. Thus old jacob Genes. 49. blesseth not some of his Gen. 49. sons, and leaveth the other unblessed, but blesseth them all by name. A good father is affected like unto the true mother, 1. Reg. 3. 26. who will 1. Reg. 3. 26. have his whole kingdom governed not by piecemeal, as she would have the whole child not divided. Uniformity is a thing basely esteemed in these times, but highly regarded by jehosaphat in those days, who would have his kingdom not like unto the lap of saul's garment rent, 1. Sam. 15. 1. Sam. 15. 27. 27. but like unto the coat of Christ, whole without seam: wherefore as it is said of the Spirit of the Lord, that it filleth the whole world; so it may be said of the sceptre of jehosaphat, that it ruled his whole kingdom. For he set judges in all the cities of juda. Thirdly, the strong cities of juda: as the stung man is not to boast of his strength, so the strong city is not to glory in her strength; for might without wisdom, and strength without counsel, are like unto huge piles of stuff and stone heaped together without any mortar or matter to combine the same, which are easily ruinated and dissolved. One saith, that laws are the life of the commonwealth: execution is the life of the laws, and the judge he is the life of execution. Where then there is no judge, there is no execution, because it is as dead: where there is no execution, there is no law, because it is as dead: where no law, there no common wealth, because it is as dead. And what strength (I beseech you) can there be in a dead thing? A certain learned man described a law to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Juni. de palit, Mosis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a right reason, commanding things which are to be done, and forbidding things which are not to be done: but where there is might without wisdom, strength without counsel, there things which are commanded are violated, and things which are forbidden are performed, because men are carried with the unbridled sway of their own raging appetites. And corporations of men become as herds of beasts, where not the wisest, but the mightiest bear rule: ut in grege taurus: having, it may be, horns and hooves, but no understanding. An army of Harts is but weak, yet an army of Hearts (saith one) which hath a Lion who is stout and wise to be captain, is better than an army of Lions which are strong, who have a Hart which is white-livered and foolish to be the commander of them. It is said, Eccles. 9 16. that wisdom is better than Eccles. 9 16. strength. Which may appear unto us, not only by the reason which Solomon useth in the 14. and 15. verse of that Chapter, of a little City which Eccles. 9 14. 15. had few men in it, and of a great king which laid siege unto it, and builded a fort against it; and of a poor man therein, who was wise, who delivered it by his much wisdom: but by a particular inducement of special experiments amongst ourselves, as of the fierce horse, of the mighty Elephant, of the strong Camel, which by the wit and wisdom of man are tamed and made pliant to the use and service of man. If then the strength of Samson lay in the hair of his head, which being taken away, it became as the ordinary strength of another man, judg. 16. 19 much more judg. 16. 19 doth the strength of kingdoms and states lie in their judges and Magistrates, which are not as the hair of their heads, but as the heads themselves, which being removed, kingdoms may say as sometime David the king said, My strength is dried up like a potsherd, Psal. 22. 15. Be it then Psal. 22. 15. that it may be said of our Cities, as of the Cities of juda, that they are strong Cities: yet is it not to be supposed that they are environed with walls of brass. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: the wisdom Jsocrat. of rulers is as a wall of brass unto cities and commonweals, as writeth the philosophical Greek Orator; without which, though the stones of our walls be for their strength as rocks, yet will they prove but rocks of wrack and confusion to the inhabitants therein. As wisdom without justice is subtlety, so strength without wisdom is cruelty; and the people which are in such a case, may be said to eat the strength of their own skin, job. 18. 13. like to job. 18. 13. huge Pyramids and Colossi, which being not well set together, or supported, do fall by their own weight: so these by their own force, as Saul by his own sword, 1. Sam. 31. 4. Fourthly, City by City. As God made the 1. Sam. 31. 4. world by order, so will he have it to be governed by order; without which it ceaseth to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, a beauty arising of things set in order, and beginneth to be a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is a deformimitie growing of things huddled and confounded together: which here jehosaphat respecteth in that he setteth judges in all etc. City by City. Zach. 11. 7 calleth Order by the name of Beauty. Zach. 11. 7. The Greeks call beauty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is of enticing or alluring: because it doth or aught to allure all men to the gaze and embracement of it: so beautiful is it, and so fruitful. The second general head of my text doth concern the Information of judges in verse the sixth, which consisteth vers. 6. first of a lesson, secondly of a reason for the enforcement thereof. The lesson standeth upon three precepts, whereof the first concerneth courage that they are to do: what judges have maturely purposed, that is by them effectually to be performed, not suffering themselves to be alienated first by anger: for as the Philosopher speaketh, we use not troubled water till it be settled, neither aught 〈◊〉 to use a troubled mind till it be quieted. Secondly not corrupted by gifts: for gifts blind the eyes of the wise, Exod. 23. 8. Thirdly not estranged Exod. 23 8. by favour; but as the balance weigheth the gold that is precious, and the lead that is base, both alike: so to stand equally affected to the high and to the low, to the honourable and the base, the rich and the poor, one and other. Fourthly, not averted by the suits and mediations of friends, but to be affected for justice, as he was for truth, who said, Socrates is my friend, and Plato is my friend, but truth more my friend; so justice is most my friend. Fiftly, not perverted by the wreak of private teen, or the revenge of our own private quarrel, but in the place of God to be like God himself, who (Math. 5. 45.) not suffereth Math. 5. 45. but maketh (which hath an emphasis in it) his Sun to shine as well upon the bad as upon the good, and his rain to fall as well upon the unjust as upon the just: so to bear an even hand between them that love them, & them that hate them, their friends and their enemies. Sixtly and lastly, not daunted or dismayed with any dangers or perils: for dangers and fearful things are the true object of true fortitude; without which it can no more be said to be true courage, than judas his kiss was true friendship. Oh it is a happy thing, when it may be said concerning any state, as Naum Naum 2. 3. 2. 3. that they which are in scarlet are valiant men: and men may witness concerning their judges and magistrates, as the Angel doth of Gedeon: The Lord is with thee thou valiant man, jud. 6. 12. What is it that causeth Judg. 6. 12. histories to report of certain flames of Majesty that sparkled in the eyes and countenances of Scipio and Marius? and chief, as Suetonius reports Sueton. in Aug. Caesar. in his life, of Augustus Caesar? but that they were full of courage, full of fortitude, full of magnanimity. Faint courage is worse than ignorance, ignorance (it may be) betrayeth a cause for want of knowledge, but faint courage (contrary to the privity of knowledge) betrayeth right for want of spirit. Holy anger than is well befitting a judge, well beseeming a magistrate; I mean not that anger which blindeth their wisdom, but that anger which whetteth their courage. This anger it hath been found in Moses, in Christ, in holy men from time to time; whereunto the Apostle exciteth us in Gal. 4. 18: It is good always Gal. 4. 18. to be earnest in a good matter; the word in the original hath an emphasis, which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, to be earnest with heat & fervency: & Seneca saith, Qui caret ira, caret justitia, He which Seneca. wanteth anger, wanteth justice; because when he ought to do, he leaveth off to do. The second precept contained in this lesson, is that they are to take heed: wherein I observe their wisdom: none may be superior in place above other, but he which is superior in grace above other, beautified as much as may be with the sevenfold grace of the spirit of God, whereof the spirit of wisdom is said to be one, Esa. 11. 2. Where judges & magistrates may be Esai. 11. 2. said to be made drunk with the cup of follies, as the kings of the earth are said to be drunk with the cup of the abomination of the shameless strumpet, spoken of in Apo. 17. there must needs ensue Apoc. 17. 2. first reeling, secondly tripping, thirdly overturning, both to themselves, as also to the state which is wielded by them; as excellently writeth Plato: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: that is, a drunken Plato. governor overthroweth all things, whether it be a chariot or a ship, or a navy, or whatsoever else is guided or commanded by him. There be (saith Hesiodus) three sorts of men in every Hesiod. commonwealth: the first are the worst, who can neither inform themselves, neither yet are willing to take information from others. The second of a mean sort, such as (it may be) cannot instruct or inform themselves, and yet are willing to receive instruction or information from others. The third sort be the best, who can both inform and instruct themselves, and are able to give information & instruction to others: these be judges & magistrates, which when they are wanting in any state & commonweal, woe be unto that state, woe be unto that commonweal, because the Princes thereof are as children, Ecclesiast. 10. 16. Vbi stulti Eccle 10. 16 prudentibus praesunt, as excellently writeth Plutarch in the life of Cleomenes Plutarch in 〈◊〉. & Agis. and Agis: where fools are over wise men, there it fareth with the common wealth as with a Serpent, where the tail laboureth to rule and draw the head after it. Plato writeth in his former Alcibiades, that the heir apparent Plato in pr. Alcib. to the Persian Monarchy, as soon as he had attained to fourteen years of age, was delivered to four most choice and principal men that could be found in all the provinces of the Monarchy to be brought up, and nurtured in four of the most choice and principal virtues; whereof, the first was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is the most valiant, who should train him up in fortitude and feats of arms. The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the most just which should enure him to speak the truth, and to give to every man that was his own. The third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the most sober, who should frame his mind to that sobriety and temperance that he might not be conquered, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, no not of one of the least pleasures. The fourth and last he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the wisest: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, who taught him wisdom, chief consisting in the worship or religion of their gods, and matters concerning a King or kingly dignity: Be wise therefore, o ye kings, be learned o ye judges of the earth, Psal. 2. 10. Psal. 2. 10. that ye may not only do by courage, but take heed by wisdom. The third precept comprised in this lesson, is courage and wisdom, both of them linked together in that the judges are to take heed what they do. The Egyptians had an Emblem among them, which might be a good rule of direction for Princes & governors, 〈◊〉 and magistrates, An eye with a 〈◊〉: an eye, this argueth their wisdom, whereby they take heed: a sceptre, which bewrayeth their power, whereby they do: that as they are over men as the Eagle over the fowls, and the Lion over the beasts; so they may labour for the eye of an Eagle, whereby they may see into matters, first quickly without delay, secondly deeply without doubting, thirdly singly without doubling; for the heart of a Lion also, which is undantable unconquerable. The men of Israel testified concerning David, that he was worth ten thousand of them, 2. Sam. 18. 3: so 2. Sam. 18. 3. have the people just cause to say concerning their judges and governors, You are worth ten thousand of us for your valiancy, worth ten thousand of us for your wisdom. Wisdom like the wary spy is to go before, and Courage like a valiant army to follow after, vanquishing and subduing all things under it. Wisdom informeth, courage performeth: wisdom instructeth, courage effecteth: wisdom prescribeth, when, where, why, how things are to be done; courage enableth to do them. A judge or a magistrate having wisdom without courage, may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without heart; having courage without wisdom, may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without a head; but where they both meet together as mercy and truth did, Psal. 85. 10. there judges and magistrates Psal. 85. 10 may be said to do in their several charges, as they which bare office amongst the Spartans', 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, dispose all things in a beautiful order, confound nothing by headlong rashness. Hence cometh the protecting and patronizing of the good and innocent by wise courage, the correcting and punishing of the evil and nocent by courageous wisdom: inclinable indeed rather unto mercy then severity, endeavouring for that name which Minutius bestowed upon Fabius, as Plutarch Plutarch. in Fabi. writeth in the life of Fabius, Quando venerabilius nomen non habeo, te mitem appello parentem: When I have not a more honourable name to bestow, I call thee by the name of a mild father; yet not so pliant to mercy as negligent in judgement: but remembering always that they bear not the sword in vain, but that they are the ministers of God, to take vengeance on them that do evil, Rom. 13. 4. Rom. 13. 4. The parts then of the judges office, are like the parts of David's song, Psal. 101. 1. mercy and judgement. In the first place, if it may be, mercy, that they which are like God in office may resemble him in image, whose mercy is said to be over all his works, Psa. 145. 9 Psal. 145. 9 many punishments are a disgrace to the magistrates, as many funerals to the physicians, as writeth Seneca. Seneca. Yet because there is a sparing cruelty, and a punishing mercy; and foolish pity spilleth the city, as saith the proverb: not so addicted to mercy as not at all affected to judgement, without which it is sure that the weeds of vices would overspread the field of the whole world, reason would become rage, laws licence, well governed men as brutish and savage beasts, Monarchies anarchies, kingdoms thraldoms, and the world itself a wilderness. They are therefore as in mercy, so to bear the likeness of God in judgement, who is said to have first judgement, secondly judgements, thirdly armies of judgements, job 10. 17: armies which are Job 10. 17. for number many, for kinds sundry, and for force mighty, beginning all things in wisdom, following all things so begun with courage, therein taking heed what they do. The second thing is the reason for the enforcement of this lesson, which consisteth in a twofold consideration: whereof the former concerneth whose judgements they execute, set down first negatively, not of man; secondly affirmatively, but of the Lord. Not of man, who is base, weak, miserable in his birth, life, death: therefore may he seem justly to be contemned, his laws to be wrested, his ordinances to be perverted, his statutes to be transgressed by him which is the public organ and minister thereof: so he may do it secretly without detection, or subtly without conviction. Not of man, who for his matter is called Adam, Adam, red earth. Enosh, sorrow or affliction. which signifieth earth: for his misery Enosh, which signifieth sorrow or affliction: and therefore may he and his laws seem lightly to be regarded, basely to be esteemed. Not of man, of whom it is said, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, man is full of windings and turnings: therefore seemeth it no matter very important, if there be a winding and turning from his laws and judgements. Not of man, who setteth forth deceit with his tongue, Rom. 3. 13. therefore may he seem (according Rom. 3. 13. to the natural suggestion of depraved reason) lege talionis, by law of like for like, to be worthily deceived again. To conclude, not of man, who hath transgressed the law of the highest: for there is none that doth good, no not one. It may seem then no matter of great moment, when a man hath transgressed the law of God, if man violate the judgements of man. The part affirmative followeth the part negative: But of the Lord. Of the Lord, who for his continuance is God from everlasting and world without end, Psal. 90. 2. For his essence a spirit, Psal. 90. 2. who will be worshipped in spirit and truth, john 4. 24. For his state, one Joh. 4. 24. in whose presence is fullness of joy, and at his right hand pleasures for evermore, Psal. 16. 12. For his constancy Psal. 16. 12. hath no shadow by turning, jam. jac. 1. 17. 1. 17. For his sincerity and sanctimony is holy, holy, holy, not once, nor twice, but thrice holy: and that not by the opinion of men, but by the witness of Angels, Isay 6. 3. Of the Esai. 6. 3. Lord, who spanneth the heavens with his span, and measureth the waters in his fist, and weigheth the mountains in a balance. Of the Lord, in comparison of whom all the nations of the earth are but as a drop from a bucket. Of the Lord, who is the Lord of anger, whose paths are in the whirlwind and the storm, and the clouds are the dust of his feet, Naum 1. 2. 3. Naum 1. 2. 3 Finally of the Lord: at the presence and in the sight of whom the earth is burnt, the rocks cleave, the mountains tremble, the hills melt, the deeps roar, hell itself and all infernal troops do shake and shudder. Seeing then ye execute not the judgements of man such and so base, such and so weak, such and so contemptible, but of the Lord, such and so glorious, such and so mighty, such and so fearful, such and so dreadful, of such and so great terror and majesty: oh it standeth you in hand to take heed what you do. The second consideration observable in this reason, is, that judges themselves are to stand at the seat of judgement, to be collected out of these words, who will be with you in the cause and in the judgement: he will be with them by the allseeing eye of his unsearchable wisdom and understanding, if they do well, to reward them with mercy: if they do evil, to punish them with judgement. If then the judges of the earth shall not administer judgement, shall not do equity, shall not perform justice, shall not beware, shall not take heed, shall have incontinentes oculos, & incontinentes manus, incontinent eyes and incontinent hands: Incontinent eyes like to the two unchaste judges towards Susanna: Incontinent hands like to Felix, who is said to leave Paul bound, because he looked for money to have loosed him, Act. 24. 27: then the Lord will Act. 24. 27. be with them in such a case and judgement, in the vial of his wrath, in the edge of his indignation, punishing them both in this world and in the world to come. In this world, as he raised up Daniel, which signifieth the judgement of God against those two incontinent judges, who arraigned, condemned, and caused them to be stoned to death: as he no doubt also raised up Cambyses against Sisannes that corrupt judge, in causing him to be flayed quick, and his skin to be hung on the judgement seat for his bribe-taking. But if not in this world, most certainly in the world to come, when, oh fearful saying, The mighty shall be mightily tormented, Wisdom. 6. 6. Wisd. 6. 6. But if the judges of the earth shall administer judgement, shall do equity, shall perform justice, shall beware, shall take heed, shall seek to be that in their several circuits, which Aristides was amongst the Athenians, of whom Herodotus reporteth, that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herodot. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the best and the most just man among the Athenians. If they shall be men of courage, there is fortitude; fearing God, there is wisdom; dealing truly, there is justice; hating covetousness, there is temperance, Exod. 18. 21. Exod. 18. 21 which are called the four Cardinal virtues, because upon them, as upon their proper hinges, all other virtues do depend. virtues fit for judges and magistrates, on whom the stay & state of commonweals and states, as on their several hinges, are sustained: then the Lord will be with them in such a cause and judgement, with mercy rewarding them both in this life, as also in the life to come: in this life with riches, wisdom and honour; in the life to come with bliss, life and immortality. As it is comfortably written, Wisd. 6. from ver. 17. to v. 22. Wisdom's from vers. 1● to 22. The desire of discipline is the beginning of wisdom, and the care of discipline is love, and love is the fulfilling of the commandment; the keeping of the commandment is the assurance of immortality; immortality maketh us near unto God: wherefore the love of wisdom bringeth us unto the kingdom. If then your delight be in thrones and in sceptres (oh ye kings and judges of the earth) embrace wisdom and reign for evermore. Thus (right honourable) have I opened this text unto you, not largely amplified, but briefly comprised: wherein I have showed you the ordination of a judge, and the information of him. S. Cyprian saith, that God is Cyprian. one in essence, but divers and manifold in office and magistracy, whereof your honours have a portion. Gird therefore your loins with the girdle of fortitude, but of fortitude informed by wisdom: let mercy and judgement, judgement and mercy meet in your persons, as sometime the sweet and the strong, the strong and the sweet did in Sampsons' riddle, jud. Judg. 14. 14 14. 14. Go on to do that which ye do, I mean to shun and avoid that which is evil and unjust, and so ye may shun and avoid the being of God with you in the cause and in the judgement punishing you. Go on to embrace that which is good and just, that so the mercy of God may embrace you, and his loving favour may compass you about as it were with a shield, Psa. 5. 12. Psal. 5. 12. Let the judgement-seat, whereon your honourable personages do sit, put you in mind of the seat of God's judgement: let the judgement bar, whereat the miserable prisoners are arraigned before you, bring to your remembrance the bar of God's judgement, when the judgement shall be extraordinary, both in regard of the judge, who shall be God the judge of the whole world, Genes. 18. 25. as also Gen. 18. 2 in regard of them which shall be judged, which are the judges of the earth. And ever and anon think upon that saying, which, the wiser the heart is it lighteth on, the deeper impression it maketh, written Wisdom. 6. 5. Suddenly Wisd. 6. 5 will the Lord appear unto you: for a hard judgement shall be for them that bear rule. Proceed therefore as to the good of this kingdom you have begun: proceed I say, and so long as this your life continueth, continue you this proceeding, to be that unto his Majesty, which his excellency in that his excellent speech which he made in the Parliament house, no doubt in your honourable presence and audience, adviseth you to be his eyes to see for him, his ears to hear for him: that as his Majesty desireth to hear and see for the Lord; so ye may see and hear for his Majesty. For his Majesty in that his speech, religiously protesteth that the thrones which you sit on, are neither his nor yours, but the Lords. Keep therefore judgement, relieve the oppressed, judge the fatherless, defend the cause of the widow, Esay 1. 17. Let that saying Esai. 1. 17. of Gregory Nazianzen be as a magistrates memento unto you, Quemadmodum Grego. Naz. leonum & reliquorum animalium motus non sunt ijdem, ita nec magistratus & populi: as the motions and gestures of Lions and other base creatures are not alike, so neither of the magistrate & the people. As therefore ye manage greater matters than the people, so ought your carriage to be of better manners than the people: that as in places, so you may be above them in graces; that it may be said of you in regard of your judges office, as it is said of David in respect of his king's office, that the spirit of God is come upon you from that time forward, 1. Sam. 16. 13. Plutarch reporteth 1. Sam. 16. 13. Plutarch. 〈◊〉 Demosthen●● in the life of Demosthenes, that it was a saying among the people, that Demosthenes was worthy of the city, but Demades above the city. Behave yourselves so in your places, as ye may not only be counted worthy of your places, but also above your places; that he which sitteth above, may reward you both below and above: below in this life with riches, wisdom and honour, waiting on your judgement seats, as sometime they attended on the throne of Solomon: above in the life to come with bliss and immortality, when your scarlet robes shall be turned into long white robes, your trains of estate into troops and millions of Saints and Angels: your judging of men into judging of Angels; and your earth's authority into heavens glory: which God grant unto all faithful judges and all his faithful people, and that for his Son Christ jesus sake: to whom, together with the holy Spirit, be all honour, praise, power, and dominion both now and for ever. Amen. FINIS.