Aske but g Tert. Apol. Tertullian or h Aug. lib. 2. de ciuit Dei cap 7. Austin their censure on the gods of the Heathen they 'l tell you that no men were more incestuous then they that were taught by their Iupiters practice i Ter. Eâ—… And that wretch in the Comedian would take leaue to sinne vnder his protection What Iupiter memorable for fornication and I so chaste being but a silly man Ego homuncio non facerem Thus euery slip is a crime in a Leader since it doth become a rule of errour If a meane one offend his sinne is neglected as much as his person but the supposed wisedome grauity and justice of superiours win credit to their vilest actions Well then might judge Mines in k Lucian dial mort Lucian acquit Sostratus on this condition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See thou teach not thy offence vnto others l Cyp. epist 2. Scelus enim non tantum geritur sed docetur saith Cypr. for such as these doe not so much act as teach offences Therefore 't is presumed that the torments of such encrease in hel as the liuing increase in sin through their example No maruaile then that they are so afflicted in St Iohns vision Who are so forward there as the Kings of the earth the great men and the chiefe captaines and the mighty men to hide themselues in the deus and in the rockes of the mountaines Rev. 6.15 They that once made the earth tremble with their power doe now tremble like the earth vnder the hand of the God of power They that once did teach to offend by their examples are now taught what it is to be precedents of offences If God deale thus on his heauenly Tribunal no reason his Deputies on earth should be partiall If he spare them least whose offences are exemplary then what shall be done vnto the Queen Vasthi Againe it is the custome of greatnesse to challenge impunitie by reason of their eminence so that in time they 'l out-face authority then in this respect what shall be done vnto the Queene Vasthi The stamp of soueraignty is sacred therfore quickly defaced by a rebellious hand Touch not mine anointed preuailes nothing with a seditious mind especially where the hand is as well armed with power as the heart with disobedience None but such as are able to make head dare demand Who is Dauid 'T is conceit of equality that encourageth great ones to a contestatioÌ„ with magistrates They dare imitate Socrates m Tul. 1. de orat Qui Dominus videbatur esse Iudicum whose proud innocence disdain'd the Iudges and made his vnmannerly zeale laugh Iustice in the face Should one aske herein the Athenians aduise they would prescribe an Ostracisme banishment at least for such daring offenders As Cato perswaded the Senate in Rome that Carthage was an enemy too powerfull to be so nigh them Then the security of the State must be purchas'd with the ruine of Carthage Lawes had neuer resembled cob-webs had there not bin such strong offenders The feeble gnats yeeld to the least resistance whereas violent fowles will not be restrained by such contemptible engins 'T is easie to vanquish an vnarmed slaue and to insult on the weaknes of a manicled captiue but to subdue those that like him in the Gospel neither feare God nor care for men requires both power and resolution Or howsoeuer these high transgressours may escape mans judgment or n 1 Cor. 4.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mans day as Paul calls it yet the Lord of hosts hath a day if they 'l beleeue Esay which shall be vpon euery one that is proud and loftie and vpon euery one that is lifted vp and he shall bee brought lowe And vpon all the Cedars of Lebanon that are high lifted vp and vpon all the oakes of Bashan 2 of Esay They shall then confesse with vanquisht Iulian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou hast ouercome O Galiaean This out-brauing wretch as o Theod. Ecclef hist lib. 3 cap. 20. t is in Theodorit that but now did swell with vaunting threats lay groueling on the vnwelcome ground when he apprehended the terrours of God Such acts of diuine Iustice prescribe courage to temporall magistrats and bid them not feare the most puissant offenders This also we learne of humane policy Then what shall be done vnto the Queene Vasthi Now to make way for resolution may it please you to examine how her condition doth agree to this our occasion Our Land doth afford many Vasthi's eminent offenders the authority of whose persons drawes others to second them in their crimes It is pesterd also with powerfull offenders whose daring greatnes doth promise them immunity from punishments But the mercifull justice of our gracious Soueraigne doth with Ahasuerus depend on his Assessors for the censuring of these enormities I could carry back your memories but a few scores of yeares and there shew you a King of this land relying on the Iudges determination What should be done vnto the Queene There are more which admire his impartiality then approue his fact But our present happinesse bids me confine my speech to our own times and apply to your consciences a noble president for your happy proceedings That sincere Court whereof your Honors were lately members durst adventure on the States most potent enemies They had I presume both your approbation and assistance Wherfore ride on ye men of renowne and prosper good lucke haue you with your honor You may in your circuit meet with such whose power doth arme their crimes and makes them sinne authority in the face Therefore let me bespeak you as the Prophet did that God whose dispensation doth tearme you Gods you aske What shall we doe I answere in his words p Psal 83. Doe vnto them as was done to the Midianites vnto Sisera and vnto Iabin at the brooke of Kison which perished at Endor and became as the dung of the earth Let an impartiall doome pursue their transgressions and let their due shame attend them to their graues q Non tam ut ipsi pereant quà m ut alios pereundo deterreant Senec. Seneca shall giue you the reason Not so much that they may perish but to terrifie others by their perishing r 2 Sam. 24 17. I haue sinned saith Dauid I haue done wickedly but these sheepe what haue they done His conscience thought the punishment preposterous that his people should be led as sheep to the slaughter and yet he escape his deserued censure And among vs how many silly sheep sacrifice their cheape liues to appease the law for their offences whereas eminent transgressours that sin with an high hand make shift to flye aboue the reach of Iustice I feare sometimes they borrow wings of that Doue in the Psalmes which is couered with siluer wings and her feathers of gold Psal 68. 'T is they that sin they that doe wickedly and in comparison of
Commodus was Law enough to warrant the mangling and massacres of his subiects by making them enter the list with beasts O that excesse of power should so transport one beyond nature as that his will should be all his reason to rank men with creatures so vnreasonable wherefore one in Seneca would haue those to be least free which haue power to be most guilty and wisheth it not lawfull for such to haue liberty to doe that which is vnlawfull to be done But what Shal any dare to limit soueraignty and prescribe Maiestie its duty shall he that enioyes the subiection of others by the law be subiect himselfe to the law No in no other sense then that of Aquinas Quantū ad vim directivam non coactivam in 1ª 2 ae of his Summes Not that the lawe should drawe him by compulsion but lead him by directiue perswasion v In Decret lib. 1. Tit. 2. Cap. Cum omnes If hee conforme his actions to the prescript of the lawes it is of his owne accord if he doe not is he liable to acount Yes but it is only to God Against thee only haue I sinned saith King Dauid Psalm 51. Those modest times had not the face to capitulate with their Soueraignes The pride of faction had not yet hatcht this rebellious doctrine That if Kings obey not laws subiects haue leaue to disobey their kings No let it glory in no ancienter author then New Rome and in no better successe then confusion And seeing it owes it selfe to Iesuited Patrons let it be banisht this land together with their persons And let them whom it concernes be inquisitiue for autoriz'd Rauiliakes such as doe not value the price of a man much lesse of a Prince otherwise a fee should neuer perswade them to hazard their owne liues nor to rifle for a few peeces of coyne in the bowels of their Soueraigne and so sell his deere blood for an houres wages But while I exempt Princes from humane censures I incourage not their neglect of humane lawes The law is the life of a state their practice is the life of the law Then it concernes them that haue most power to uiolate lawes to haue most care to fulfill thē x Non tam imperio nobis opus quā exemplo Plin. Pan. Else the imitating vulgar will grow vnruly by the example of their Rulers Which his Maiesty implies in aduise to his sonne in 2d booke of his Basilicon Doron Wherefore himselfe measures not the law by his owne will but conformes his will to the measure of the law This is his practice this is the duty of all Iudges What shall wee doe according to law Which words admit of a double sense First According to law that is as much as the law inioynes Secondly According to law that is No more then the law intends And first of the first sense as much as the law inioynes What shall we doe according to Law z Iustinian lib. 1. Tit. 2. institut That Imperiall giuer of the law makes giuing euery one his owne the end of the law And I desire no iuster distribution then S. Paules in 13 to the Rom. The Magistrate is the minister of God to thee that dost well for good but if thou that which is evill bee afraid The law then doth assigne to euery publique action Reward or Punishment as its due guerdon The least open good may challenge some reward if thou gain nothing else yet the Apostle promiseth Thou shalt haue praise But if thou doe not well sinne lyeth at the dore God made it the doom of Cain and the law makes it thine Sinne lyeth that is punishment the reward of sinne by an Hebrew metalepsis as I am warranted by a Parae c. in locum approued authors Now this punishment without the Law were but a wooden sword in the hand of a grim Anticke able to awe none beside fooles and children But if authority come arm'd with lawes the sinnewes of State it can strike terrour to the stourest heart b Iustinian in proaem institut No marvell then that the Emperour thought Maiestie but adorned with armes and to be arm'd with Laws Thē let any peece of this furniture bee laid aside malice will level its ayme at that open part Whether it bee the helmet for the head or the breast-plate and shield for the body politique Those helmet-lawes which doe fence the head are of the greatest moment Seeing on the safety of that depends the welfare of the whole State Our glorious Head hath receiu'd in this kinde from the prouidence of Ancestors armour of proofe against all annoyance Now bloody Iesuits those sly messengers of Antichrist are alwaies furnisht with messengers of death Thanks be to God this body of ours hath escap't in the head for God hath dealt with vs as with Dauid by his protection c Psal 140. vers 7. he hath couered our head though we haue as it were put off the helmet I meane lawes to this purpose haue layen in a long sleepe and for good reasons of State haue not beene executed Yet wee haue with Achilles receiued wounds in the heele which are still fresh bleeding in the inferiour people They beginne to putrifie to draw contagion through the whole body But the sword is now vnsheath'd you haue is againe in your owne hands 't were pitty it should euer be put vp till it hath cut off our home-bred corruptions and giuen all forraine factours their fatall blowes An ill man once spake like a good Cittizen Act. 19. The law is open And how can I vse a stronger motiue then to presse your consciences with your free leaue His Maiesty told you he did for a while d His owne word in his first speech in the Parliament 1623 conniue but now againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The law is open It is open I hope for the Iudges to execute it is open for accusers to implead Then hauing against these maine enimies the laws full advantage what shall wee doe according to law The body of our State hath other pernicious adversaries that dayly afflict it with continuall wounds The extenuating of murther by the fauorable name of man-slaughter hath cost our King many a subiect and this land euen streames of blood T is not for me to censure the law yet thus much I knowe that the Law of Moses and the law of conscience will scarce admit some of our limitations Doth a man come presumptuously vpon his neighbour God tells you by Moses he shall dye Ex. 21. But except he assault him vpon long-studied malice and purposed revenge with vs he shall not dye We say he did it in his anger and he slew a man not murthered him But old Iacobs propheticke spirit well knewe the minde of God therefore suffered not his own sonnes so easily to escape e Gen. 49.6.7 O my soule saith hee come not thou into their secret vnto their
assembly mine honour bee not thou vnited for in their anger they slew a man he blames their anger only not their malice yet marke what followes Cursed be their anger for it was fierce and their wrath for it was cruell I will diuide them in Iacob scatter them in Israel Here anger and the heat of blood could not excuse the spilling of blood They felt the rigor and full weight of Iustice yea the heaviest punishmēt that then was a Patriarchs propheticke curse And in conscience such resolute hot-spurres deserue with vs that Curse of Moses the heauiest temporal one that now is Cursed is hee that hangeth on a tree Deut. 21. Moreouer blood is importunate each drop whereof hath a tongue and cryes lowd at the throne of Heauen Or if that were silent your owne eyes are trusty witnesses of many a widdowes teares And the vntimely death of murtherd fathers bids their orphant children solicite your eares with their sad lamentations I but the death of murtherers will doe them no good admit It doe not yet let not their life doe others hurt Let not the lawes indulgence encourage their bold hands to the like attempts but ere others feele againe the extremitie of their violence let them first feele the extremity of your iustice and to the vtmost that the law inioynes let them knowe What you can doe according to law There is also the swearer whose tongue wounds the State and like a sharpe sword strikes deepe euen to the heart hence it is that the land mourneth saith the Prophet No maruell that this sinne is growne licentious for they say 't was lawlesse and without the verge of iustice Till at last that honourable assembly of Parliament which posterity shal admire no lesse for religion then for their wisdome haue restrained the freedome of this crying sinne It concern'd your Honours to further such a religious purpose not only for aduancement of Gods glory but to enlarge your owne liberty for til thē a blasphemous tongue might sweare God and you in the face you might tremble and blush you could not punish T were pitty this free crime which Chrysostome counts f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tit. Hom. 15. Ad pop Antioch worse then murther should longer violate the law of God and Magistrates not be able to say What shall we doe according to law I could shew you other offenders which haply among vs are lawlesse but with God they speed like S. Paules Gentiles which hauing not the Law are a law vnto themselues Rom. 2.14 But I must hasten to the second sense No more then the Law intends of which exceeding briefly What shall we doe according to law A depraued glosse may corrupt the Text and a corrupt Iudge may depraue the Law Thus truth that in the Oratours time had strength enough for its owne defence is enforced to yeeld vnto crafty violence Christ also that originall truth found the perverse Pharisee and petty-fogging Scribe wresting the derivatiue truth to their own bent g Lib. 2. contra Apion Iosephus may bragge of the Iews priuiledge aboue other nations in that they suffered no chāge in their laws yet by his leaue though they remain'd intire in words they were much peruerted in sense Thus could the wit of iniquity ouer-reach Gods intentions and inhance its owne advantage by the misconstruction of his precepts I wish that while we looke vpon those times in detestation God hath not cause to looke vpon ours in revenge I pray God the sword of Iustice doe neuer among vs become the Sword of Delphos h Eras Adag Chil. 2. cen 3. that serued for all purposes as those grosse flatterers abus'd it in the cause of Cambyses who desiring to marry his owne sister was aduertisd by them that there was no law which allowed that copulation but there was one that he being their King might doe what pleas'd him How doe such Iudges befoole their Ancestors intimating that they doted and spake at randome for enacting constitutions no surer then the old oracles that might admit of a double sense Wel-deseruing antiquity hath made this land of ours as happy as any by leauing vs so ample an inheritance of laws and ordināces T were shame not to preserue them as inviolable as those of Solon and the i Dan. 6.8 Medes that sufferd no repeale Now to racke them beyond their literall intention I count the highest degree of violation Seeing extreme right is extreme wrong and when a law is not executed at all it argues but too much lenitie negligence or ignorance but being wrested beyond its intent and ouer-executed to a mans preiudice it condemnes the Iudge of vnchristian-like malice Then 't is safest breaking the law in the Iews extream who hauing charge and power to giue k Deut. 25.3 fortie stripes to a malefactor would as Paule witnest of them giue but fortie lacking one 2. Cor. 11. That they came short charity may hope 't was commiseratiō of their brother in his affliction but should they exceed the law wee might suspect their mindes for bloody revenge Then let the law of Iustinian be my last exhortation l Iudex ne aliter indicet quà m legibus aut constitutionibus aut moribus proditum est Institut lib. 4. Tit. 17. Index ne aliter iudicet c. And as Balaams feare engaged his fidelity cōcerning the word of the Lord so let Iustice deale with your consciences concerning the word of the law If Balaack would giue me his house full of Siluer and Gold I will not goe beyond it to doe lesse or more Num. 22.18 In which resolution the Lord make you prosper So shall you be of their number that had their robes washt in the Revelation and made white in the blood of the Lamb. This awfull colour of State shall then turne to the pleasing lustre of glory And as you liue to glorifie God here God grant you liue with him in his glory hereafter Amen FINIS