The Iudges.

Now let vs come to the persons vpon whom it is impo­sed, Iudges.

From whence obserue, that it is not to breake compasse vpon very Iudges to impose a Charge. For is it impossible for them to haue their checkes in gouernment? may there not bee even a Reprobate vnder the scarlet Robes? hath the furnace of hell had neuer a fire-brand from the Tribu­nall? doth the Compasser forbeare to tempt where hee sees the ballance of iustice held out? no, the Serpent hath pro­festenmity to all the Womans seed, wheresoeuer the Deuill finds concupiscence to lodge, he endeauours to make it his [Page 74]port-hole to enter at. Oh that wee could find men so in­nocent that wee need not quake over their defections, per­sons so absolute that wee need not counsell them; these might bee Mirrours fit for the bright eye of God to take full delight in; but alas such is our imperfect state that though the guilt of sinne may bee remitted many, yet the inhesion of sinne is in all; though the dominion of sinne may bee remoued in some, yet in none the pronity vnto sinne. Mat. 5.48. Demonstrat officium, sed non potentiam. What man hath in him Perfection of degrees? no, this God requires, Be perfect as your heauenly Father is per­fect; but it shewes our outy to striue for it, not our power to attaine to it; there may bee in vs righteousnesse which (they call) the righteousnesse of the cause, but not of the person; the exercise of new-obedience may bee in vs, but not the exactnesse; Optandū est ut fiat, conandum est ut fiat, sup­plicandum est vt fiat sed quod factum fuerit cōfidendum non est. Aug. Erigat scalam & solus in coe­lum ascendat. Zozomen. lib. 1. c. 21. Comparatione non consumma­tione, Bern. Gratia non immobilitat. Aug. Tho. Aq. no, it is to bee wished it were so, it is to be en­deauoured it may bee so, it is to bee prayed it should be so, but that it is so, it is not to bee beleeued. Shew mee that friend of God that dare plead inviolablenesse of affection te­wards his Maker, no hee might then goe set vp a ladder and goe alone into heauen, as Constantine told Acesius, the strict Novatian Bishop; such repurged creatures are not to bee had in this world; iust men wee may haue, but they are rather just in comparison with others, then in compleat­nesse in themselues. Grace doth not stablish men in the seruice of God, neuer to fall; no, this is a perfection fit for the vpper Court, it is the priuiledge of Angels which are confirmed in grace: wee may bee free from presumptuous sinnes, but not from lapses: our chiefe honour lies not in perfection of goodnesse, but affection to it; as the purest body hath in it contrary elements, so the most regenerate man hath in him two natures. Iudges then, though neuer so wise, may erre, though neuer so vpright faile. Doe wee neuer read of wicked Iudges? yes, the sonnes of Samuel, were Iudges, but did they not translate judgement? or turne the outside of it? 1. Sam. 1.3. 1. Kings 21. what should I terme it? they peruerted it; the El­ders of Iezreel were Iudges, but did they not for a peece of royall paper, for a Court-charme condemne a man of high-treason? [Page 75]as if in Iezreel to condemne men of high-treason were but the high-triall of a Iudges wit; and were those Iudges in the 1. of Habbacucke thinke yee in culpable, when the Law was dissolued, and iudgement did not goe forth? 1 Habbac. 4. the Law dissolued, as if the ioynts of it had beene taken out, and iudgement did not goe forth, as if it had layen bedrid at the Bench. Remember yee not the saying of Solomon? I saw vnder the Sunne the place of iudgement where was wickednesse, Eccles. 3.16. and the place of iustice where was iniquity; the very seats of authority polluted. There was a Iudge in a certaine Citty, Luke 18.2. that neither feared God, nor reuerenced man; though a Para­ble, yet parables speake not of impossibilities. So that the dignity and authority of Iudges doe not priuiledge them from errour, therefore these may bee charged? I charged the Iudges saith Moses.

This serues to exhort Iudges not to count this worke su­perfluous, much lesse rash to deliuer a Charge to them. Vse. When I looke vpon the dignity of your callings I behold this with an eye of reuerence, when I looke vpon your dan­ger of digressing I behold this with an eye of feare. Caeca pericla. Propert. Caveant cri­men magnum enim discrimen Aug. Even in judgement there are priuy perils. Let Iudges looke to their innocency, for their hazard to fall is great. The face of all parts stands in most danger of a skarre, the tops of hou­ses are most subject to gunne shot, the fairest fruit is most likely to bee plucked; therefore though high and honoura­ble, great men and wise men, yet men, and so subject to Sa­thans assaults. Oh therefore know your feet to stand but in slippery places, shake your hearts and feele in them the dregs of naturall corruption, looke towards your Tribunals, and behold a multitude of temptations ready to encounter you. Oh therefore let not the blood rise in your faces, much lesse boyle in your hearts, that any expergefactory aduertisements should bee deliuered to you; no, heare coun­sell with patience, yea a charge without regrate; though Iudges yet yee may bee charged, yea because Iudges there­fore charged; wee must not Saint all Iudges, or howsoeuer if Saint you, yet not hold you men of impeccant spirits, [Page 76]though Iudges, yet not Angels; no, I see in you humane nature, and therefore I know you to bee subject to humane frailties; yee may erre aswell as others, and therefore yee may be charged aswell as others. I charged the Iudges.

But here let vs make a stand, and aske why Iudges? 1. Because they must haue judgement. 2. Because they must execute judgement.

First because they must haue Iudgement. But vpon this I need not to insist, for these are knowen to bee no blind Iudges, beyond expectation they haue giuen satisfaction to the Countrey concerning their wisedome; therefore be­fore such Iudges I should seeme to want judgement to dis­course of that judgement that is requisite for Iudges.

Therefore to leaue this Stand, and to come to the execu­ting of Iudgement. Iudges because they must execute iudgement. For knowledge belongs to the vnderstanding, action properly to the will, Aristot. and should the Iudges vnder­standing bee furnished, Actio importat originem mo­tus Aquin. and his will haue no exercise? Acti­on intimates the beginning of motion; what therefore should a Iudge neuer moue, but onely grow vp in knowledge? this were like one that should waxe vp to mans stature, but ne­ver stirre foot; therefore as a Iudge hath gotten the strength of his limmes in knowledge, so hee should moue in cor­recting those vices that his vnderstanding directs him to take knowledge of; Correction is the pruning hooke of disorder, the fanne of villany; many here know the Law, Iudges are chiefely to execute it; Nigrum prafi­pere Theta. that Iudge therefore is most conspicuous, who is as resolute in carriage, as absolute, in vnderstanding; who hath animum & animositatem, knowledge, and courage: A Iudge must not onely bee pro­found in his owne grounds, nor bee expert onely to deliuer a Charge (which notwithstanding is a rare ingeny) but hee must giue Malefactours their deserued doome, draw blood from ranke-spirited liuers, quâ Legistato­res dictum Lysiae. Stob. ser. de magi­strat. and shew to the world that Iu­stice hath her edge; A Iudge must bee endewed with the same affection, that Law-giuers themselues were, that their lawes may not remaine onely in peeces of paper but bee [Page 77]written in capitall Letters vpon offenders backes; Pro maleficio perpetratonon dare poenam quam pro be­neficio non [...] dare gratiam Plut. in apo­theg. It is as e­vill (saith Cato) not to punish an high offence, as not to requite a great good turne, Lawes not executed are like Lyons chained vp, Canons mounted vpon the walls of a Ci­tie never discharged, potions in the Apothecaries shop ne­uer administred, Isocrates would teach one learning for a small matter, but the maine schoolefee was to teach that par­ty boldnesse: So boldnesse is as necessary in Magistrates as vnderstanding, and the executing of judgement, as the knowledge of it. Because iudgement is not executed speedily, Eccl. 8.11. therefore the hearts of the children of men are fully set to doe evill. Wickednesse runs in her full-tide, and sinne comes to the authority of a hellish viceroy vnder heartlesse, and re­misse Iudges; as the chiefe vertue of fire therefore is not in the shining but the burning, so the chiefe vertue of a Iudge is not to haue judgement, but to execute it.

This serues to exhort Iudges to make themselues as much feared for their judgments, as admired for their wise­domes; for else they shall seeme but Sages to the people, not fully Iudges; oh therefore let every artery of your hearts, abound with the spirit of magnanimity, and all the sinewes on your armes gather strength to punish offen­ders; strike at their estates, let out their blood; Non homicid­sed maleciaa. Bern. Non inquina­uit manum sanguine sed purierem red­didit. Chrys. orat 1. in Iudaeot. for such a Iudge is not a Man-slayer, but a mischiefe-slayer, he hath not polluted his hand with blood, but made it the cleaner, as Chryso­stome sayd of Phinees; oh therefore, euen deuote your selues to suppresse wicked liuers, which are nothing else but the scandals of Religion, and the ignominies of all good Lawes; yea, let the reformation of the corruptions, and the exorbitances of the times bee so deepely fixed in your hearts, that yee count euery enormious incorrigible offen­der that ye leaue behind you vnpunished, a blemish to your Tribunall. Blessed be the name, and magnified be the ver­tues of that renowned Iudge once in this circuit. I am spea­king of Iudges, and how can I conceale that Iudge? I am incouraging of Iudges, and how can I better animate them, then in presenting before their eyes that Brest of Courage? [Page 78]A man worthy to be celebrated. Cantari dig­nus. Hee was the Oracle of his dayes, the miracle of gouernment; the honor of vertue, the sting of disobedience; his worth, as great as his wise­dome, yea, we know not which most to commend in him, his discretion or districtnesse; the very profession of the Lawes, and the name of a Iudge, the more respected amongst vs for his sake. He not onely punished offenders brought before him, but made it his study and care to discouer Lati­tants, Yea, at his cost and charge searched them out; Hee neuer feared the power of any offender, but onely desired to lay hold on him, as the auncient Lacedemonians neuer as­ked the strength of their aduersaries, but onely where they were. As Cassius, when hee was wished by the Caldean Astrologer, Sed Sagitarios. Appian. not to fight whilest the signe was in Scorpio. I feare not (saith he) Scorpio, but the Archers, (Hee meant the Parthians) So hee feared not the greatest Scorpion in the world, but the Iudgements of God, those Archers; the very mould of courage seemed to haue beene in his heart, as Pyrrhus sayd of the old Romanes; Quint Curt. hee burst into the lur­king holes of the most desperate offenders, as Perdicas brake into a Lyonnesses den, and tooke away her whelps; yea the more dangerous the offender was, the greater was his pleasure to encounter him, as when one told Leonides, that he now had enemies indeed to fight with, for the multitude of their arrowes was such, that they would euen darken the light of the Sunne-beames; So much the better (said he) For then wee shall sight in the shade. In that Iudges dayes, wickednesse stroke with a trembling hand, and vil­lany slept with a troubled eye; himselfe as much feared as the paynes of a convulsion, and his Spies as much feared as himselfe; his pitched battels in the Tribunall, were memo­rable, and his stratagems abroad matchlesse; another, Ʋa­lerius, Plut. Quasi publica colens. Plut. that might haue beene named Publicola, as if he had wholly studied the publique welfare, and might as deser­uedly haue had the firname of Couragious, as euer Aristides had of Iust. The veines of the Country haue stil in them the better blood for that Surgeon, the lights of the Nation yet [Page 79]shine the brightlier for that Golden Snuffer. He lived with af­fections of thousands, and dyed with the praises of millions; his name yet precious, and his memory yet scarce thought on without teares. I praise him, I honour him, I magnifie him, because I desire he might be prized, immitated equal­led. My honourable Lords, be transformed into your hono­rable president; as ye want not his power, so want not his courage; oh let his heroicall vertues (as the Morrallists terme them) liue in you, as ye know Iudgement with hm, so exe­cute Iudgment with him; suffer not the brow of impudence to out-front civility, nor sinne to put the dare vpon autho­rity; least people desire a resurrection too soone of this Judge, or digge him out of his graue, as they did Antiochus when his good gouernment was wanted, Antiochum refodio. or they cry Vbi sunt Iudices? Where are our Judges. Oh therefore stabbe murtherers to the heart, calme the spirits of common Bar­retours, restraine the licentiousnesse of Ruffians.

First, stabbe murtherers to the heart, Lutum san­guine mace­ratum. Sucton. which kill men till they seeme not to be men, but as it was sayd of Tiberius Dirt mingled with blood; yea, spill blood that they might write their selues in redde letters, Valorous. Bloodshed in these dayes being but with many held the cognisance of Noble resolution; the sight of the Common-wealth stabbed through with so many murthers, is as hideous as the sight of Iulius Caesars Robe was to the Senate-house, Plut in An­tonio. stabbed through with so many holes; these blush to digest an inju­ry, but never to reuenge it with blood; the price of mur­ther being accounted with these, but the purchasing of a Pardon (if it could bee gotten) or a voyage for a while beyond Seas; the clipping of the Kings coyne seemes more odious and dangerous in the murtherers account, then the destroying of the Image of God; many a man seemes no­body to himselfe, vnlesse he bee an Hercules furens, and hath given the stabbe, and that perhaps but for taking the right hand, or not pledging a carrouse, or but for requiring of a duedebt, or for the detection of the least error of a monsters life. Oh shall not the Iudges cares tingle at the noise of [Page 80]this crying sinne? shall such die vpon a pillow, and not goe bleeding to their graves? No, let neither mediation of friends, nor the sight of a scutchion make the Iudges heart relent from striking the cut-throats sword into his owne bowels. Num 35 33. The land cannot bee cleansed of the blood that is shed therein, but by the blood of him that shed it, therefore stabbe murtherers to the heart.

Secondly, 2 charme the spirits of common Barretours, whose cheefe practise is to runne to the Lawyers anvile for sharpe instruments, and which vse the Kings writs but as Westminster mastiffes, to bait the Country with; were it not for this franticke rowt, Luke 8.27. how many busie Attourneys, and extimulating Counsaylers (for of such only doe I speak) might walke like the Lunaticke man in the Gospell without clothes: What a Mart of trialls is there at this time like to be? 300. Nisipriusses and odde, brought down to one Assiset; and what, all for recouery of due debts, or for dubitable Titles? no, I doubt if many of them were well searched into, they should be found to bee but for spights and quar­rells; for the will of a common Barretour is as tender vnto him as his inheritance, let such be but touched, and present­ly the sting is put out; as no man offended Caligula, but in a most vnseemely manner, he shaved off the hayre of the hinder part of his head, so whosoeuer distast these they set their fowle Law-markes vppon them; a tryall or else no triall of their magnanimity, euery trifle is made a grand trespasse, writs and Sub-poena's fly abroad, they bite all that come nigh them, and like sparkling coales they scorch the faces of them that doe but blow vpon them; their displea­sed affections are so implacable that there is no appeasing of them till they haue made their enemies goe a pilgrimage through all the Courts of Iustice, and by the glisters and potions of costs and fees, they haue fetched them off their leggs, or brought them to their graues. And what now shall a common Barretor be Amicus Curiae, counted a friend to the Court? a contemptible Court that should entertaine such for friends; shall litigiousnesse out of audaciousnesse, [Page 81]dare to say that for a judgement-fee it can get any cause to passe? or that if it be found guilty, it knowes the sorest pu­nishment, Cave in posterum, Take heede for afterwards? No, though their glozing factours may extoll such spightfull men for men of spirit, and collaud such hellish contenders as iust preseruers of their rights, and reputations; yet as ye would not suffer all the streynes of our Church-seruice to be turned into the yellings of malice, and as ye would seeme truly sensible of the vexations of a tetricall rowt, and of the out-cryes of quiet men molested in their owne Countries, bring forth some of these Contenders to be made as odi­ous to the world as they haue been grieuous, let the people see that our Land hath Law to punish spleene, calme the spi­rits of these common Barretours.

Thirdly, restraine the licenciousnesse of Ruffians, Roarers, 3 Swashbucklers, which vndermine the foundations of those houses their Fathers built; tiplers and harlots challenging their Patrimonies, rather then themselues; they were borne their Fathers eldest sonnes, but they haue made themselues since younger brethren; Which were once called Heyres, but the World hath come now and written downe, Spend­thrifts: Oh the miserable spoyle of young Gentry in these dayes, insomuch that they which according to their birth and meanes should be adopted to gouerne their Countries, and to doe the best seruice to their Soueraigne, they are fit for nothing almost but to sing Catches, and send challenges; very vlcers, and sinkes in the Common-wealth; which make Markets ring, and Cities roare; which rage as if they had beene brought vp in Bedlam, and sweare as if they newly came out of hell; which looke like Anticks, and talke like Pandars; which drinke till their faces sparkle like forges, Sueton. and their stomacks spurge againe, Novum gen [...] hoe mensurae, vb [...] nullus est me [...]surae uio­aus. Bas. Serm. 1 de lu [...]u & ebriet. in so much that as Tibe­rius that drunken Emperor, for Tiberius was called Bibe ius, and [...]or Nero sirnamed Mero; so these may rather be called Pottlemen then Gentlemen, and Liberti [...]es then Christians; they say they drinke by measure, but that is a new kinde of measure, where no measure is kept; I will not stand to de­scribe [Page 82]them, I cannot but deplore them; yea, as Basil saith, We deplore our Country to be the Mother, Deploramus patriam no­stram quod ta­lium malorum & mater est, & nutrix. Ba­sil. ad Athanas. cp. 47. and Nource of such mischiefes. Could these euer haue liued without fetters vp­on their heeles, scarce with the skinne vpon their backes vnder the lawes of Paynims euen of Solon, Lycurgus, the famous Ephori, or the renowned Areopagites? and shall the names of Gallants here secure them? No (my Lords) let them not breake all bands of ciuility, as if here were a Thea­ter built for Sensuallists, nor defie God by day-light, as if they liued in a land of Athiests; but seeing all our Sermons cannot fetch the intemperate humours out of their heads, let the law make them sober; restraine the licenciousnesse of Ruffians. Thus I might further desire you to crampe the hands of theeues, to worme the tongues of blasphe­mers, to disquiet them that trouble the Lords Rest, to dis­pearse the society of Cheaters, to dissolue the brotherhood of Cutpurses, to take away the Charter from that mighty Incorporation of Alehouse-keepers, but I cannot stand to dilate vpon all; onely thus much I say as there are whole­some lawes, so let there be resolute Iudges; by exemplary punishments, as by the keene edge of your power, leaue gashes in the sides of all notorious offenders. My Lords, I speake out of enuie against no mans person, but out of zeale enkindled to the glory of God, and an ardent affection to the rectifying of the grosse abuses of the times; Oh my Lords, let not vs stand here in vaine, stand not ye at a Tri­bunall in vaine; there are Wretches, be ye Iudges; ye haue Iudgement, execute Iudgement.

Now let vs come to the substance of the enforcement. In which obserue:

• 1 A full debating of causes, Heare the controuersies of your brethren.
• [Page 83]2 A faire deciding, Iudge righteously.
• 3 A commendable impartiality, Betweene euery man and his brother, and the stranger that is with him: ye shall haue no respect of persons in iudgement, but shall heare the small as well as the great, ye shall not feare the face of man.

Heare the controuersies of your brethren.

First, for the full debating of causes. Doct. Heare the contro­uersies of your brethren. From whence obserue, that iust iudgement must begin at the eare. Iob 12.11. Nonne aures verba diiudi­cant? Doe not the eares discerne words? and how can truth euer be discouered, if the words be not discerned? Nisi agitentur causa, & par­tes audiantur, inter partes iu­dicare quis po­test Ber. 1. lib. de Cons. ad Eug. c. 10. Iob 34.3. Vt diligentius seruanda est ea porta quâ via sit Regia, ita auditus, &c. Plut. Pro 18.5. 1 Reg. 3. from the 16. ver. to the end of the Chapter. Iob 29.6. Deut 1.17. Teste non in­diget. Bern. Scientiâ visio­nis Tho. Aqu. If causes be not throughly handled, and parties fully heard, who can passe sentence? The eare is the taster of iudgement, for the eare trieth words, at the mouth tasteth meat; that man then can neuer relish the equity of a cause, whose taster is out of course; if the eare be not open, the dore of Iustice is shut; yea, Iudges had as good stop their mouthes, as stop their eares; therefore as that Port is to be well kept by which the Kings way lyes, so the hearing is to be carefully looked vnto, by which the royall path of Iustice lyes. The eare of the wise seeketh information. A wise eare is the most apposite Intelligencer of a Iudge, the Ora­cle at which hee should first consult, the Spy of truth, the Key of sentence. Salomon though neuer so wise, yet had the harlots cause fully opened, and did not instantly come to sentence; and Iob when he knew not the cause, he searched it out diligently; searched it out by due examining; and Moses for the great cause he commanded it should be brought before him, and he would heare it; not presently iudge it, but first heare it. God indeede is so absolute a Iudge, that he needs no witnesse, for in the bright Mirrour of his owne wisedome at an instant he knowes all things that are done; but earthly Iudges are not so exact, but they had neede to search, dis­cusse, to make narrow in spection, strict scrutiny, to haue perspicuous euidence, luculent testimonies deliuered be­fore they can come to the full perception of things. He is one of Philip of Macedons Iudges, that will pronounce sen­tence [Page 84]before he consider proofes. Sententia, Sentence comes of Sentio. to vnderstand, as if that sentence were senflesse, and that judgement without judgement, where euery thing is not duly and throughly weighed; if men may not bee heard in their owne causes, they had as good send for a Note vnder the Iudges hand, how he will determine causes, as euer to bring them to triall, therefore controuersies must be heard; Heare the controuer sies of your brethren.

This serues to counsaile Iudges, Ʋse. to hold that Iudgement most mature, that is vpon full hearing; not to hold them­selues so absolute, that they can judge causes at their plea­sure, nor so acute, that they can see the secrets of a cause by a superficiall view, Barbarica ve­ritas. A puleius, lib. 3. de as. au­reo. Iudicium tu­multuariam. for then there is like to be but an home­ly truth, and a tumultuary judgement (as they call it) a judge­ment at hazard: Much lesse ought a Judge to debarre a man from speaking in his owne cause, but onely by his Lawyers lips; he is like to haue but a slender discouery of truth, that must speake all by a borrowed mouth; he hath not alwayes his minde fully layd open, that must hold him to his Inter­preter; a man can manifest more out of his owne feeling, then his Spokesman can doe out of his Breuiat; many things may suddainly arise, which the Lawyer hath not beene ful­ly instructed with, or if instructed, perhaps hee is troubled with Demosthenes his disease, the squinsie in the throat; the groanes of the people are grieuous against the treacherous carriages of these Heteroclites, which vary from the inte­grity of iust Pleaders, and are become men of another man­ner of declining; who if the opposite side can but shew them some golden Record, or pocket Euidence, or with the last nights present put them in minde of a new Booke­case, their opinion then is cleane altered, and their Clients case become desperate; that Plea that once looked like faire Inachis, — Iu{que} niten­tem Inachidos vultus muta­uerat ille tu­ [...]encam. is now turned into a Hayfer, and ready to burt: What then if the Lawyer bee struck dumbe with a strata­gem, or will suppresse any thing out of corruption, shall not the party himselfe be suffered to raspe in his owne case? may he not be permitted to be a Consonant with his Lawyerl. [Page 85]Must his doome bee to stand at his Lawyers backe, and there gnash his teeth for his impertinent loquacity, or else shed teares for his perfidious silence; I know it were a burthen to authority to heare all men in their owne causes; for what should an eare bee lent to ignorant men whose language is all in solaecismes, or clamorous, who when they haue no right thinke to raise vp one by multitude of words? No, it is sufficient, if not superaboundant for the Lawyer to plead (I say not to feigne) for these; yet not to heare discreet, or iust men in their owne causes where in pleadings things are but darkely opened, or wretchedly concealed, I thinke were a violence offered to Iustice: for as I take it the Lawyer is but an assistant to his Client, or to put things into due forme, the other is still the Princi­pall; the principall then must bee the fore finger in his owne cause, not turned off like a scunted finger.

And as it is fit that men sometimes in their owne causes should bee heard, so as requisite is it that witnesses might not be disturbed, for how then can Controversies bee heard? no, to molest witnesses is even to trouble that Fountaine from whence the cleere vnderstanding of a cause should flow, or to cry downe that voice that should giue sound sa­tisfaction to the Iudge; Testis quasi tenens statum, say the Critickes, A witnesse is one in whom the state of a case con­sists; Witnesses not to be regarded it is even to giue iudge­ment dimidiis, by the halfes. Plato. Averroes in 2. Rnet. c. 18. Iudgement is a syllogisme (saith Averroes) in which that Iudge can never draw out a good conclusion that doth not first consider the premises of Wit­nesses. When lawyers therfore can say litle for their clients, must their chiefe cloqēnce ly in casting aspersions vpon wit­nesses? or propounding captious questions to confound their memories? or deriding of them, as if they would turne from graue Pleaders to be of the jocular crew, even Iesters at Assises? No, I beseech you by that venerable respect yee beare to truth, that yee suffer full, and free testimony to bee deliuered, and that yee restraine such stri­dulent interpositions, for they tend rather for the [Page 86]subverting, Magis ad sub­uersionem quam inuenti onem veritatis proficiunt, Bern lib. 1. de consid, c. 10. then the manifesting of the truth.

And that yee may the better heare Controversies, suffer not Pleaders to lead you away in hearing their sarcasmes and bitter invectiues one against another, which are no­thing but the theft of time, and the delusion of judgement; Lawyers then leaue their Clients case, and fall to their owne; Iudges then heare trying of wits and not trying of causes; these are insolencies offered to your high authority, and in­terruptions to your heedy hearing. Oh therefore banish all occasions of disturbance; wash out the moates, and wring the cloth, that it may (as the Pythagorean said to his Iudges) the better take the dye; bee present with your ripest wits, and grauest attentions, aduisedly consider all passages; they are Controversies, that is, such things as may bee controverted, argued on either sides, therefore heare them. Heare the controversies of your brethren.

Iudge righteously.

Now let vs come to the faire deciding, iudge righteously. Not heare and suppresse iudgement, for this were to make a solemne hearing an empty shew; not heare and delay judgement, for this were to hold patients so long to their diet-drinke, till the remedy proue worse then the disease; protracting or retarding of causes, is but to set a sluce in the free current, or to digge a fish pond for Lawyers; if suters after all their declarations, joyning of issues, pleadings, and producing of witnesses, should be driuen off to a dilatory course, it were to make a prison of the judgement-feat, or to turne a set battell into a siege; therefore debate, and decide, heare, and Iudge; and as there ought to be a dextrous hea­ring, so not a sinister Iudgement, therefore Iudge righteously, which is the point I mind to prosecute.

Iudge righteously] Doct. From hence I obserue, that the true forme of Iudgement, is Righteousnesse; to with-hold the one, is to destroy the very entity of the other; therefore is God so district, that there might bee no forging nor forcing in the cause of Iustice. [...]ut. 16.29. Wrest not thou the Law; let it looke with [Page 87]the face right forward, and doe not turne the head of it vp­on the shoulders, Deut. 27.19. for this were to make a distorted creature of Iudgement. Cursed bee hee that hindreth right; and what greater hinderance can there be imagined then from vnrigh­teous iudgement? it is as if the gates should be shut against those forces that come to succour a place after long extre­mity suffered; this Curse so iust that it needeth not be mut­tered in a corner, but proclaymed Cum sonitu, with a whole multitude resounding it. For Cursed be hee that hindereth right, and all the people shall say Amen; that is a grieuous sinne that is sealed with the curse of a multitude. God repro­ueth his Iudges, because they turned Iudgement into gall, Amos 6.12. and the fruit of righteousnesse into wormewood, Iudgement and righ­teousnesse were gone, and there was nothing but gall and wormewood left in their stead; people come with prouoked appetites to the Tribunall, thinking there to haue their true diet equity, and loe there is nothing but gall and worme­wood; Oh, people goe away with sowre lookes to thinke, that instead of the delicates of Iustice, there should be no­thing but dishes of bitternesse; they may looke for such fruits in the streetes amongst their neighbours at home, but who would looke for gall and wormewood such vnsauory plants to grow at a Tribunall; There Iudges the great Feast­makers of the Country, feed proterue men with the refecti­on of the iust; For as Iustice punisheth the wicked, Vt iustitia in­iustes sic iniu­stitia [...]ustos premit Petr. Zach. 7.9. so iniustice the righteous. Therfore execute true iudgement; let iudgement haue no other stampe then that which it got in the mold of equity. That Iudge bringeth a foreiner into the state in stead of Iudgment that doth not naturallize it by Righteousnes, & shewes a Monster to the world in stead of Iudgment that depriues it of the reflexe of Righteousnesse; a mans greatest Aduersary then is the Iudge, and the most vnsupportable injury comes from the Righter of wrongs. He must needs looke for pitifull measure where the Balance it selfe is set wrong, and expect to bee split vpon the Rockes where the very Pilot will not saile according to his compasse; Ropes are abominable sinnes (Iudge Charles sayes so, and oh that [Page 88]wee might oftner find him not onely a King, but a Iudge) what are those then that rauish lustice? the iust man should find the Tribunall an Altar of refuge, not a shame­bles of destruction; let not iniury therefore draw Patro­nage out of the Iudges lips; no, Iudge, but Iudge righteously.

This serues to exhort Iudges to make Righteousnesse the Prescript forme of judgement; Ʋse. so to pronounce judge­ment that they might not haue the groanes of the jnnocent, nor the gripes of conscience, such a Iudge shall be the bles­sing of his times, and shine vppon his Tribunall, like the morning starre of publique comfort. Oh therefore that ye may Iudge righteously.

First, lay aside all passions, for Iudgement must not be fra­med in a vindictiue breast; if affronts therefore should bee giuen, or the brow of authority slighted, yet cry not out with furious Nero, [...]. Suet. I am now my owne man, and of this man will I be auenged; no, let insolencies haue their sharpe redar­gution, but for these, let not equity be ouerthrowne; cleere light cannot be seene in a Tempest, nor the truth of a cause discerned in a heart obscured with grieuances, and distasts; oh therefore lay aside all irritated, exasperated exulcerated thoughts, before ye come to pronounce sentence; for else ye are like to giue Rancorous, and not Righteous Iudgement.

Secondly, lay aside all respect to bribes, for this were else to make the seat of Iudgement, a farme, or a fayre stead of commodities; there is a little equity to bee expected, if Iudges should tread inward, or like the Oracles of the Hea­then, Pro. 28.24. Amos 26. should giue no answere without costly oblations; such Iudges will transgresse for a morsell of bread, and sell the Righteous for siluer, and the poore for shooes; doe yee not remember what God saith of such Iuages, Es. 1.23. Ezc. 22.27. that they are companies of theeues, and that they are in the midst of the peo­ple, like rauening Wolues, as if the Iudgement-seat were turned into a hill of Robbers, or Beastes of prey, were got into the Tribunall; Hos 4.18. Quis non eru­bescat dicere quid mihi da­bis vt lustiti­am faci­am? nonne simile est ac si dicatur quid mihivultis dare vt abnege [...] tustitiam? of­ficium perdam et Deum ven­dam. Greg. how are those counted gasping, insatiable, im­pudent Iudges, whose voyce is nothing but Bring ye? yea, who should not blush to say, what wilt thou giue me, that [Page 89]I may doe thee justice? is it not all one, to say what will ye giue mee, that I may deny lustice? that I may renounce my duety, and sell my God: oh therefore let not bribery paue the way to judgement, nor corruption penne the sentence; but count them that offer you gifts to offer you injury, as Epaminondas sayd to Iason, and suppose that those which would purchase their peace at your hands by rewards it is for you to breake peace with the Lawes, as Alcamenes the sonne of Tellecres sayd; carry a resolute spirit therefore a­gainst all these base proffers, or else ye shall Iudge couetous­ly, greedily, corruptly, and not Righteously.

Thirdly, be not too much addicted to seruants, For that Iudge that is inchanted with seruants, casteth himselfe, and justice into thraldome. It is sayd of Claudius, that beeing addicted too much to these kind of creatures, Non princi­pem sed meni­strum egit. Suet. he carried him­selfe not like a Gouernour, but a bondman: So Iudges here, if thus affected, whereas they should be Lords ouer all, they become seruants to seruants, yea the good old Iudges are nothing then but Deputies to their young striplings profits. Haue we neuer knowne any of Generous, Noble dispositi­ons in themselues, free from all personall corruption, and yet out of a softinesse to seruants, that the keeper of a dore, or the holder vp of a traine might bee well gratified, haue bene contented to passe any manner of judgement, and ven­tured themselues vpon the precipices of reproch & ruine? Oh these Chamber-spiders carry in them dangerous poyson, these priuy fetters are able to bring their masters into any sort of seruitude; oh therefore let not the vnder-hand lar­ding of followers be appointed out for their wages; suffer not the Iudgement-seat to bee a breast, out of which they should sucke the milke of their maintenance; no, Iudge, but not according to loue to seruants, but according to loue to Righteousnesse, Iudge righteously.

Fourthly, take heede of the pretexts of Lawyers, for though I beleeue, and know some of them to be just, and conscionable; yet I heare, many of them are so just to their [Page 90]Clyents, that they are ouer-iust to the cause, that as Maque­da the Queene of the South, when she came to visite Salo­mou, and to try his Wisedome, layd Artifieiall Bees before him, that in colour, sound, motion, were like vnto lining Bees, and Salomon could not discerne the one from the o­ther, but by laying downe flowers, vnto which the liuing onely resorted, So, many there are that can straine their skill so far, that they can make a breathlesse cause appeare, moue, and stirre, as if it were quickened with the spirit of truth, and he had need bee a prudent Iudge, and vse his best discretion, that should discouer their craftes; nimble, inge­nious, versute many of them are, full of strange Artifices, notable impostures; they haue a kind of Omnipotency in their tongues, the power of a Fee, or the vertue of a double Fee, can make them so denigrate on the one side, and gar­nish ouer with orient colours on the other side, that Caelum shall seeme Coenum, and Davus, Divus; that a spotlesse liuer shal be made to stand at the bar like a varlot, & many a varlot seemes an inculpate liuer, a Patriote, a matchlesse Common wealths-man: I wonder what cause most of them will re­fuse, and if they want not money, what motives will they want to make it seeme lawfull, and laudable? yea, and that with vehemency, taking it in disdaine, that the aduerse plea­der should oppugne them, and being ofentimes surly, and petulant againct the Iudge, Ignescat zelus, exurgat au­thoritas contra [...]stam impu­den tiaut. Bern. lib. 1. de Cons. c. 11. if hee will not giue in his vote with them. Let your zeale kindle, and your authority strike at this impudency. Oh be circumspect ouer the demulcent charmes, and prestigiatory practises of this sharpe-witted generation, or else yee are like to Iudge according to the pretexts of Lawyers, and not according to the Candour of Righteousnesse.

Fiftly, bee not too flexible to the motions of great men, For if these may haue the Iudges eare open, the strongest testimony may not take place against the force of their sug­gestion; Witnesses speake vpon oath, what now then, shall whatsoeuer the lips of a Magnate avouch against these, bee [Page 91]held credible? May not these great men speake out of fancy, perhaps out of enuy? may they not comply with friends? or to go home into their Country with a roare, a vaunt, and say, this fellow I helped ouer the bridge, and that fellow I hel­ped into the ditch, this was my authority, — meae vires mea magna potentia. and surpassing power vpon the Bench, I say, may not this make them to force both credit and conscience? yes, a popular humour, and a desire to be dreadfull to the vulgar, may induce too much; an am­bitious man careth not to doe justice in his Countrey, Ambitiosus non curat pro­desse sed praeesse Innocent. but onely to controll and domineere. If therefore these great men will depose vpon oath, heare them, but otherwise haue no eare for a whispering testimony; for then ye may judge according to subtile insinuations, and not according to Righ­teousnesse. Iudge Righteously.

Now let vs come to the commendable impartiality, Doct. Be­tweene euery man and his brother, &c. From whence obserue that euery one should haue an equall indifferent interrest in Iustice, for Iustice should be like the Sun, Greg Naz ad sub. timore per­culses. to shine to all a­like. The Iudge must not looke with the eye of affection, but equity; he must regard the cause, and not the person. Pro. 24.23. For, It is not good to haue any respect of persons in Iudgement. NO, persons may be respected, but not in Iudgement; Iud­ges must not haue seuerall measures to apportion out right; no, yee shall haue one Law. Woe to that place, Leuit. 24.22. where the poore man can find no Law, yea, contempt and confusion to that Iudge that makes the Law, the rich mans seuerall; Plutarch. Hee that is all for the Potent, is much like Alcibiades, who was all for his Patritians, the common people were but as the dung of the earth vnto him; thus to execute Iustice, were to extinguish Iustice; and not to make the Tribunall a Judg­ment-seat, but the Rich mans loft, or his free-hold, or his [Page 92]gun-roome, from whence he may discharge at all that come within his reach; Mich. 7.3. Habac. 1.4. Mich. 7.2. Es. 58.4. Am [...]s 2.7. Mic. 3.2.3. then the great man may speake out of the corruption of his soule, compasse about the righteous, hunt his brother with a net, smite with the fist of wickednesse, gape ouer the poore in the dust of the earth, plucke off the skinne from their backes, and the flesh from their bones, and chop them in peeces as for the Cauldron; yea, extortion will then speake with the voyce of Caligula, Omnia in em­nes [...]e. c Suot E. c [...]. 4 1. that it may doe what it will to all men; the vision in Salomon will be as frequent, as hideous. I tur­ned (saith he) and considered all the oppressions that are wrought vnder the Sunne, and be hold the teares of the oppressed, and none to comfort them, and strength in the hands of them that oppresse, and none to releeue. The poore mourne, and the Tyrant insults; the poore cry, and the Iudge is deafe; sighes, and no compassion; teares, and no reliefe; the Iudge, and the oppressour (saith hee in effect) conspire together to tyran­nize ouer the Common-wealth; Behold (saith Salomon) behold with dolour, behold with horrour.

This serues to exhort Iudges to be formidable to the Ter­rours of the age, Vse. for the lightnings of Iustice should strike vpon the highest mountaines, Feriunt sum­mos fulgura m [...]ntes. let euery man as well as the poore man beare the markes of his deserued vengeance; why should Greatnesse be an obstacle to punishment? why should there be any superiority aboue Iustice? why should cruelty walke vp and downe with her Writ of Priuiledge in her hand? No, let the heart of a whole Country tremble to doe iniury for blood fetched from the sides of a Grandy; Deliuer the poore that cry, Iob 29.12. and the fatherlesse, and him that hath none to helpe him; though Great men may be masterlesse in the world, yet let them not be so before a Tribunall; though Inferiours cannot amate them, yet let the Iudge. It is sayd of Caligula, Suet, that though hee feared little, yet hee feared thunder: so though these feare little, not convulsions at home, not clamours abroad, yet let them feare the thunder cracks of the Tribunall; and oh how needfull is it, not only that the ayre should roare ouer some of their heads, but the [Page 93]bolts strike thorow some of their sides? —Quando maior aua­ritiae patuit sinus? For when was the bosome of couetousnesse euer more widely opened? Some true Gentlemen I confesse there are still left amongst vs (and I thinke on their names with honour, and behold their fa­ces with comfort) to whom their Auncestors vertues are as pretious as their Scutchions, they are mind full not onely of fat morsels for themselues, but of fragments for the poore; they are troubled neither with the Churles close fist, nor with the Tyrants sharpe nayles; no, they are readier to ex­hibit, then to exhort; thousands in this bitter scarsity haue found a Race of true Gentry yet remaining; the Cottages as well as the Heraulds Office, proclaime them of high discent, & worthy to beare Armes; But as this Remnant of true Gentry is to be magnified, so there are which haue no­thing left in them of Gentry but the title, which are Heires to nothing but their Fathers Lands, by their degenerous courses they seeke to blot out the memory of their Prede­cessours worth; and are these to bee honoured? No, ab­horred; my heart cannot stoope to sordid Earth-wormes, nor my tongue praise these dead carcasses of Gentry; here indeede is the true decay of Gentry, and the miserable ruine of auncient Families, when equity is turned into oppression, and Hospitality into cruelty, when Great Gentlemen shew their Greatnesse in nothing but in ouer-powering the fee­ble, and crushing the impotent: And when wee speake of such, doe we nothing but vtter fancies, fictions? Yes, who heares not of the fearefull devastations (as it were) in the Nation? as if the forraigne Enemy were scarce more dan­gerous to many poore men, then mercilesse oppressours; when were the talants of cruelty so long? or the armes of violence so boysterous? no, there is in the Kingdome such ceasing of copy-holds vpon euery light forfeiture, such holding away of Commons by force from the poore, as if they were Gentlemens auncient demeanes, such compelling away of Lands to make this enclosure spations, and to en­large that part such defalking of wages, and shifting of the [Page 94]burthens of charges to the weakest, that if Judges be not pleased to interpose soone with the strength of Iustice, poore men had as good liue nigh a Tygers denne, as by ma­ny a rich mans threshold. Oh therefore be tutelar, safe­guarding Powers to these distressed soules, let them finde a refreshing vertue come from the shadow of your tribunall, let not Golias of Gath defie the whole Host of Israel, let there not be a Ter-magaunt for Iudges; no, grapple with the mightiest, and let Greatnesse finde no priuiledge but great­nesse of punishment, as Galba told that Guardian which had consumed his Orphane, and when hee came to judgement pleaded for fauour for his wealths sake, thou shalt dye, saith hee, Albiorem, & altiorem cru­cem. and because thou art wealthy thou shalt haue the higher and the whiter crosse, that other men may be the more ter­rified by thee; Oh that is commendable, and comfortable Iustice where notorious offenders goe away with the shar­per doome; Let not Magnifiques therefore liue like ex­empted persons, nor thinke that their silken Vestures are too pretious for the Iudge to giue a Rent in them; no, pu­nish poore men if culpable, but especially crush the hornes of the Vnicornes, and breake the heads of the Dragens in the waters, make them know that they liue in a Land of Iustice, and that ye want not power to subjugate the most refractory; let your blasts and gusts not onely fall vpon the Caues of Indigents, but cause Tyrants Palaces to shake at the foundation; Let not a man, but euery man feele the smart of his demerits, let the stranger be embosomed by you as well as the dearest acquaintance, respect the law and not persons, haue an eare for the smallest as well as the mightiest, feare a blot in gouernment, feare a gulph in con­science, feare the curse of the poore, feare not the face of man. This is that which Moses requires in his Iudges; Iudge righteously (saith he) betweene whom? Betweene euery man, and his brother, and the stranger that is with him; ye shall haue no respect of persons in iudgement, but shall heare the small as well as the great, ye shall not feare the face of man.

For the iudgement is Gods.

Now let vs come to the inducement, Doct. For the Iudgement is Gods. From whence obserue, that Iudges are Gods Steadsmen; Exemplata oportet confor­mars exempla­ri secundum rationem for­ma. they are to bee reuerenced because they haue his authority, they are to bee spotlesse because they haue his roome. Things exemplified ought to resemble their sam­plar according to the reality of the forme; so the most essenti­all things that are in God ought to bee manifested in Iudges. I haue said yee are Gods, And wherefore, Tho. Aq p. 1. qu. 18. art. 4. Ps. 82. but to bee as vnstained in all their proceedings, as the Holy one of Is­rael? Take heed what yee doe (said Iehosophat to his Judges) for yee execute the iudgements not of man, but of God, and hee will bee with you in the cause, and iudgement, 2 Chron. 19.7. as if hee should say, passe not ouer things superficially, but Take heed what yee doe; iudgements yee are to execute, but in them yee are not so much to bee my Deputies, as Gods, Yee execute the iudgements not of man but of God; and if there bee any in­direct carriages, though yee may escape my knowledge, for I cannot bee euery where, yet where is not God? no, hee is euery where, though not by totality of quantity, Tho. Aq. yet of essence, hee therefore will spy you out, marke euery passage in the triall, record euery syllable of the sentence, hee will bee with you both in the cause, and iudgement; they had need haue no blurs in their writings that are to penne out a thing according to the copy of diuine purity, nor tread awry that are to follow Gods foot-prints; they had need honour that place where Gods residence is taken vp, and be circumspect over that iudgement that Gods eye, ownes; therefore saith Moses with much fidelity, integrity, passe iudgement, for the iudgement is Gods.

This serues for Iudges to adorne that place vnto which they are aduanced, Vse. and to bee intent vpon that taske with which they are intrusted, to fill Gods roome with a kind of splendour, and to act Gods part with a kind of honour; for oh the blacknesse of that guilt where God is disho­noured [Page 96]in his owne roome; if God will reuenge pollution every where, how much more in his owne seat? oh there­fore heare all plaints as it were with Gods eare, and pro­nounce sentence as it were with Gods mouth; vary not, swerue not, vse no preposterous courses, remoue all collu­sions, let your desires be as Gods, your judgement as Gods: for the iudgement is Gods. I charged the Iudges at that same time saying, Heare the controuersies of your brethren, iudge righteously betweene euery man and his brother, and the stran­ger that is with him, Yee shall haue no respect of persons in iudgement, but shall heare the small aswell as the great, yee shall not feare the face of man for the iudgement is Gods.

Now that these controuersies may haue the better issue, yee which are Iurors let your verdicts bee as iust, as your oathes are strict; oathes are too common euery where, and the breach of oathes too rise in this seruice; how many haue come hither rather to serue friends, then the Com­mon-wealth; and to side with neighbours, then to let liti­gious, iniurious persons goe away with their iust infamy? let witnesses oftentimes depose never so apertly, and Iudges informe never so faithfully, yet these are sworne men be­fore to their owne wills, and the oath is but for forme; witt some of them haue, but it is but to abuse their part­ners, and to cast a mist vpon the truth: their pertinacy is dreadfull, their periury damnable; But oh if there should bee any here so obstinate, desperate, let them know what it is to spot iustice, what to haue a chevalrised conscience; oh therefore let not your neighbours set the gimmers of your clockes to strike after their affections, nor your dee­rest friends stalke vnder you to catch their desired preyes, for then yee shall want morall vertues, and not haue so much sincerity in the handling of causes as Heathens, yea that which may make you blush and tremble yee shall bring the innocent into bondage, and raise vp a blood-hound in your owne bosomes to pursue you; bee therefore as the Standard of heauen to weigh out to every man his due por­tion, [Page 97]and as the Hands of God to retch forth to every man his true Right. What will make you awfull, jealous, actus latriae. Tho. Aquin. vpright if not oathes? An oath is one of the highest expressions of worship to God, and one of the deepest earnests of fide­lity towards man. Iure, to sweare (say the Critickes) comes of Ius iuris, Right, as if they which are sworne are obliged to doe right; Nischbah. and in Hebrew the word to sweare is not simply to take an oath but to doe it cum vehementi af­fectu, with a vehement affection, even to poure out the soule; and when can it bee hoped that a man meanes sin­cerely, and will carry himselfe districtly, if not when his soule is poured out? there is no counterfaiting like to the doubling in oathes; Plut. It was wicked Lysanders Atheisticall conceit that men might bee deceiued with oathes, as chil­dren at cockall; the breach of oathes haue beene so odious in former times, that periured men haue had their lips and hands cut off; their lips because they had wronged God, and their hands because they had wronged their neighbour; oh therefore feare the out-cryes of innocency, and the sting of oathes.

And whereas here is a Grand Inquest, and a Iury of life and death, deale sincerely in those things wherein yee are employed. Here are Iudges yee see, and to execute iudge­ment are they come, and how can they execute if yee will not suffer Malefactours to come vnder the verge of their punishments; if yee will extenuate greevous trespasses, or suppresse notorious abuses; if yee will not indite, or are loth to find guilty, what is this but to abuse the high pre­sence of Iudges, and to frustrate all their holy desires, and religious purposes? take heed yee bee not partners in those sinnes yee will not punish and that in suffering sinnes yee doe not take them home to your selues; Vitia si sera [...] facis eua Sen. remember that to fauour the wicked, is to hurt the good; Boni [...] nocer qui malis p [...]rcit. I l. Pereat [...]ius unus quam v­vitas. It is no mercy to spare miscreants, no, it were wisedome and zeale to curbe and crush them; Let one rather perish then a mul­titude? What good is it to preserue an infection or to let venomous creatures line? Oh therefore as ye ought not [Page 98]to spill a droppe of blood for spight, so yee ought not to spare a droppe of blood that is a stayne to the Family, or a corruption in the veynes of the Common-wealth; to fauour desperate offenders, were to doe seruice for the Deuill, to let incorrigible trespassers (eyther for me­diation of friends, or out of blinde compassion) goe scot­fies, were euen to fill your Country full of horrid practi­ses; hee that lets slip one such an offender, begets ten, he that quenches not such dangerous sparks, hazards to set the whole Country in combustion.

In you it is now to cleanse, to free your Country of vil­lany, Ne sit nomen inane, & cri­men immane. Amb. or to leaue it a sinke; I will say no more, Ye are Iu­rours, Sworne-men, let there not bee a vaine name least a mayne sinne; let the coales vpon this Altar heat you, let the touching of the volume of blisse infuse a dread into you; let the sounds of those graue aduertisements that are to fall from the Iudges lippes, eccho a serious regard in your bosomes; come not thus farre to carry home the chayne of hell about your heeles, periury in your consci­ences: The Lord from heauen by his blessed spirit en­dow and assist you, strengthen and quicken you to the performance of this high seruice, that by your circumspe­ction and faithfulnesse, the Country may the better feele the presence of Iudges.

Now my honourable Lords, to conclude with you, though I haue spoken much to you before, yet I desire to giue you a solemne close; Ye are the prime instruments in this seruice, and we had neede to put strong Rudders vpon those Shippes, that wee would haue conuay vs from all syrts and sands, and polish those corner stones well, that wee would haue to vphold the whole building, and put sweet odours into those vessels that wee would haue to be Censers of comfort to a whole Country. I thinke ye haue consecrated this houre for ghostly counsaile, and turned your feete aside a while into Gods house, to see if hee hath inspired any thing into the heart of his mes­senger to impart vnto you?

Well then, from this Holy ground, carry away hal­lowed desires to your dueties, let your actions bee as honourable as your places, let Wisedome open her brigh­test eye, and conscience feele her forciblest jmpulsions; these Controuersies else may beget a Controuersie against you at Goas Throne, and in a few moneths, yee may giue a sharpe and heavy account for these Iudgements: Oh have an eye to that reckoning, heare the alarum heere striking in conscience for the last doome; actions so soone as they are done, doe not passe away, so soone as the Assies are ended doe not conceit neuer to heare more of these trials, Notae quaedam, et signa rema­nent quae in die iudicii reuela­buntur. Origen Quid faciet de iniustis iudiciis, qui ipsas iusti­tias Iudicat. Bern. but for all things that are heere handled, expect a review, for certaine markes and por­traictures of all things remaine, which in the day of Iudge­ment shall bee revealed. Iudges therefore ought not to bee recklesse in those things, which God will examine strictly; What shall become of corrupt Iudges then, when the most vpright shall haue such a serious search?

In time therefore consider your power to reforme much, if yee bee faithfull, and Gods power to reuenge much, if ye be faithlesse; if ye looke after gaines, these will not long last, if after Attendants, or friends, their mouthes will bee stopped to excuse you, and their hands cramped to rescue you at Gods Throne. Oh therefore lay aside all private respects to your selues, and by-respects to Familiars; let no gaine seeme more aduan­tageable vnto you then serenity of conscience, nor any bee more entire, intime with you then hee that was your Creatour, hath beene your Promoter, and will bee your Iudge; Consider that errours heere are hard­ly euer repealed, and that God will shew mercy, ra­ther for any sinnes, then for those that are commit­ted in his owne Iudgement-seat.

Yee are in the sight of the Countrey, Yee are in the sight of God, and his Angels, bee vigilent, bee zealous; with a heedy eye reade ouer your Man­dates againe, pray to God to assist you in them, and [Page 100]goe vp with Seraphins affections to your Tribunals, to doe true seruice to God and your Country.

And thus God Almighty blesse you, that your eyes may not bee so dazeled with authority, as if authority had no burthen in it, yes, take the charge vpon you, I charged the Iudges saith Moses.

The humours of people are many, malice is an eloquent Oratour, it can parget and palliate, there­fore looke narrowly into the nature of euery grieuance, Consider the trueth of euery complaint, Heare the con­trouersies of your brethren; and whereas Iudgement is your maine Action, the purport of your calling and comming bee not in that most defectiue; but Iudge as to beautifie your high place, Iudge as to yeeld comfort to the distres­sed, Iudge as the heart of an enemie may confesse the equity of your Iudgements, Iudge Righteously.

And let the World see in you, that that will euen trans­forme you into Angels, yea, make people thinke that God Almighty, is the Tribunall, euen the vertue of impartiality; let not Wealth therefore thinke that shee hath gotten ar­mour of proofe against Iustice, or that it can make the poore as despicable to the Iudge, as they are to the World, or that it can wipe out of your knowledge the name of a stranger, that though a stranger come from farre, and hee hath none but the Judge to assist him, yet that the prepotent force of Wealth shall bee such, that the Iudge shall take no acquaintance of him. Oh let not this turgid, haughty route of the World, thinke that yee respect either their Spangles, or Plumes, or Scutcheons, or bee so bold to conceiue that there can bee a price for a Iudges care, or that the Iudge neither will, nor dare frustrate their aymes, op­pugne their desires, and [...]esignes; No, let none ter­rifie you, but bee yee a terrour to euery brow; Iudge yee so Righteously, that it may bee betweene euery man and his Brother; and the stranger that is with him, haue yee [Page 101]no respect of persons in Iudgement, but heare yee the small aswell as the great, feare not the face of man.

And passe not Iudgement as if yee had the sole inte­rest in it, but with single eyes, circumcised eares, mel­ting hearts, awakened consciences, see, heare, consi­der, and recount vnder what a Potent, Omnipotent Ma­ster ye serue, God; Let Heauen therefore now seeme to cast an eye vppon the complaints of these abjects, and to lend a mouth to send them home with a sentence of comfort into their Countreys, let God seeme to debate, decide, Iudge, for the Iudgement is Gods.

Thus my honourable Lords, haue I endeavoured with sidelity, and fervency, to make you consider the importancy of what is imposed; it is but my Charme, it is your Charge; amongst the rest of your time, yee employ elsewhere, thinke hereafter yee haue spent an houre heere to take vp a Charge; let the noyse of this Charge sound in your eares the whole time of this ser­uice, yea take it vp amongst the rest of your dayly, di­uine, and devout meditations to contemplate vpon; It was the first charge of Iudges, let Iudges neuer forget it; so shall they neuer sinke vnder this Charge, but for hea­ring well of Controuersies, they shall one day Heare Euge, well done good and faithfull seruants, and for Righteous iudg­ment heere they shall haue judgement of mercy, and not vengeance, and euery man and his brother, neighbour, and stranger, yea, God and his blessed Angels shall justifie their proceedings; and that God for whom they Iudge shall at last take them vp into his owne mansions, giue them honour in his owne house, euen pleasures boundlesse, and joyes endlesse, Which that he [...] do to these, with those that are vncor­rupt, vnspotted, God grant for his mercies sake,

Amen.