meditation is the argument of that heauenly hymne compiled by Dauid for his son Salomons vse or by Salomon himself Psal 127. instructed of God with deep wisdom-politicall for his owne v. 1. Except the Lord build the house they labour in vaine that build it except the Lord keep the Citie the watchman waketh but in vaine It is in vaine for you to rise vp early to sit vp late to eat the bread of sorrowes for so he giueth his beloued sleepe The building of the house the watching of the Citie early vp-rising and late downe-sitting assiduous labour and carking care are all in vaine vnles God assist and giue a blessing And so doth Gregory Nazianzene most elegantly paranomaze the summe and substance of that diuine Psalme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which memorable Distick I thus in homely English expresse If God giue good successe enuie can not preuaile If God denie successe labour can naught auaile If God from heauen shall blesse and prosper what force or fraud below can crosse or controll But if God from heauen shall crosse and curse what power or wit of man shall not proue vaine and frustrate The fencing of Kingdomes and safe-guarding of Countries with wholsome lawes and politicall constitutions with Armies and Nauies with trenches bulwarks with leagues and alliances yea with infinite heapes of gold and siluer which Dionysius esteemed the adamantine bonds of Empires is all in vaine Adamantina vincula imperiorum vnlesse God assist and giue a blessing Most deliberate counsels and best designed attempts faile of good successe for want of Gods blessing to rebuke the pride of mans presuming weaknesse And weaker meanes vsed in want of stronger through diuine assistance work wonderfull effects to correct mans diffidence and to worke dependance on God according to those precepts and promises Psal 37. v. 3. Trust in the Lord and doe good so shalt thou dwell in the land and verily thou shalt be fed v. 4. Delight thy selfe also in the Lord and he shall giue thee the desires of thine heart Commit thy way vnto the Lord v. 5. trust also in him and he shall bring it to passe And according to that most memorable practise we know not what to doe but our eyes are vpon thee And that the flourishing state of Common-wealths springs out rather from the blessing of Gods diuine prouidence then from the best fore-cast of humane prudence History the witnes of times and light of truth doth plainly testifie To which also Heathens doe giue their suffrages from the dim sight of humane obseruation Vbi non Deus sed mortalis aliquis prae st ibi malorum nulluÌ„ est effugium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. Dei ope auxilio multò magis Râ—mpubl Remanam quam ratione hominum consilio gubernari Cic. pro Rabitio For so Plato professeth of Common-weales in common Where not God but some mortall man is president there 's no auoydall of any euill And Cicero of the Romane state in speciall The Romane state was prosperously gouerned much rather by the aide and helpe of God than by mans reason and counsell humane And in a word that nothing can be well done and happily succeede in Citie or familie Church or Common-wealth without the good will and good worke of God Ephes 1.11 who worketh all things after the counsell of his own will S. Paul doth intimate when he earnestly exhorts That first of all supplications 1 Tim 2. v. 1. v. 2. prayers intercessions and giuing of thanks be made for all conditions of men for Kings and for all that are in authoritie that through Gods good blessing on their good indeuours we their subiects in our inferior condition may lead a quiet and a peaceable life in all godlinesse and honestie The summe of all in short is this Kings as supreme and other gouernors as sent by God and them 1 Pet. 2.13 14. doe receiue their high places and princely graces their function and execution vocation and dispensation authoritie and abilitie and all happy successe and good fruit in gouernment for the weale and welfare of themselues and theirs from that all-wise and all-ruling Monarch great Counsellor and Law-giuer the essentiall wisdome the son of God Isal 9.6 Jam 4.12 who with the Father and Holy Spirit one true God is the blessed and onely Potentate the King of Kings and Lord of Lords 1 Tim 6.15 the King eternall immortal invisible and only wise 1 Tim. 1.17 to whom from them all in all their designes is to be giuen as the maine end of their gouernment all honor and glory for euer and euer Amen Now Right Honorable Lord and Reuerend Sages most wise and worthy interpreters of Law and Dispensers of Iustice great Guardians vnder God and King of Church and Common-wealth as I freely acknowledge to the glory of God and honour of the King for which I blesse God on the knees of my heart that God hath blessed this Land with many true Worthies on Benches in Courts of equitie and iustice bright-shining stars restlesse in motion in their orbe of gouernment so I most humbly beseech you to giue leaue to me your seruant in the Lord without your censure from sincere affection and dutifull respect to your persons to put you in minde of that which you know right well being so well furnished with wisdome humane and diuine and I am well assured on my small obseruation and short experience you endenour to practise through the spirit of grace inspiring and inabling you for discharge of that trust reposed in you in your publike imployments in this body politique by our gracious GOD and our religious KING The thing is this Sith the God of heauen and earth is the first mouer in his supreme orbe of gouernment all you his secondarie mouers in this your orbe of gouernment in this heauen of our politie ought to moue after the will and ordination of God and not as in that other Heauen by any rapt motion from your priuate affection nor yet irregular from inordinate passion nor by that of trepidation for feare of mortall man You must in your motion run the same course or vse the same end with God himselfe namely the glory of God in our good of Church and Common-wealth which as the lower earth are preserued and cherished with heauenly influence through your well-ordered and well-ordering motion And such subordination will surely cause an heauenly harmony and heart-pleasing consent in a circular reuolution thus God is the ordeyner of our King the King the image of God the Law the worke of the King Iudges interpreters of our Law Magistrates with them dispensers Iustice our fruit of Law dispensed this fruit of iustice the good of the people the good of the people the honour of our King this honour of our King the glory of God the ordeiner orderer and blesser of all And so in
he gouerned also by others as assistants and counsellors Whence Kings and chiefe Rulers may take patterne for their practise Doctr. to giue speciall Charge to their Delegates and Deputies to execute iust iudgement vnto the people For so Moses the chiefe Ruler gaue charge to these new-elected Iudges and Rulers to heare and indge righteously the causes of all men Such a charge for a farewell did holy King Dauid giue vnto Salomon his succeeding sonne 1. King 2.2 3. I goe the way of all the earth be thou strong therefore and shew thy selfe a man And take heede to the charge of the Lord thy God to walke in his wayes and to keepe his statutes c. When he further injoynes him according to his wisdom to execute iustice on Ioab and Shimei and to shew mercy and kindnes to the sons of Barzillai The Aegyptian Kings were wont as Plutarch reporteth by the custome of their country to giue an oath to such as were appointed their Iudges that they should not speake or doe vnrighteously in iudgment though the King himselfe should charge and command them Which commendable practise Traiane the Emperor did worthily imitate and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles saying vnto him Si bonus fuero pro me vtitor hoc gladio sin malus contrame If I shall be good vse this sword for me if euill against me or thus Hoc gladio pro me vtar is donec iusta fecero si iniusta secero contra me vtaris As long as I shall doe those things which are iust vse this sword for me if I do things vniust vse it against me A fact and speach most worthy an Emperor whose example at least in the scope thereof is fit to be imitated of euery good King who ought to acknowledge that God hath aduanced him as a little God â—sâ—l 82. to sit on the Throne and to rule ouer all others for the common good of all The oath which the King administreth to Iudges binds them to strict obseruation of iustice as it is recorded in the stature of the 18. of Edward the III. Ye shall do euen law execution of right to all his subiects rich and poore The oath of Iudges 18. Edw. 3 printed anno Dâ—mius 1578. p 106. without hauing regard of any person And that yee denie to no man common right by the Kings letters nor none other mans nor for none other cause and in case any letters come come to you contrary to the law that yee do nothing by such letters but certifie the King thereof and goe forth to doe the law notwithstanding the same letters And this is agreable to the commandement of Antiochus the King of Asia That if letters came from him or his Nobles to interrupt the course of iustice they should pocket them vp supposing them to be vnwittingly written and so to proceed in a strict course of iustice A good King giues streit charge for execution of iustice because he knowes that the power of gouernment is as well onus as honos a burden as an honour ordeined for the common and vninersall welfare of all his subiects Salus populisuprâ—ms leâ—â— estâ— whereof account must be giuen to God And he is alwaies in his owne estimation Magnus reip seruus Colimus Imperatorem vt homineÌ„ a Deo secundum sole Deo minorem Tertuâ— ad Scap. Super ImperatoreÌ„ nox est nisi sâ—lus Deus qui fecit ImperatereÌ„ Optat. contr Parmenian lib. 3 the great seruant of the CoÌ„mon-weale for place and authoritie aduanced and that most worthily aboue all both persons and states and yet in princely clemency respectiue of the meanest like a kind Master or * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gueuaâ—a good Father For a good King differs nothing from a good Father who as he is maximus the greatest so is he optimus Parâ—m vllum super terraÌ„ non babet Chrysost ad pop Antioch ham 2. Patriae parens the best a common yea an vniuersall good who promoteth peace and publike welfare accounting all his felicitie as he is a Prince to consist in well-gouerning his Common-weale and in bestowing his life for the good thereof if need require as the Emperor Alexander Seuerus professed of himselfe Now then as it is the highest dignitie and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue to be Defender of the Christian Faith and to haue supreme authoritie ouer all causes and persons Ecclesiasticall and Ciuill so it apperteineth to him by that high authoritie to manifest his care for the common good as in making and executing of good and lawes for the promoting and establishing of Religion and Iustice Rex quia hâ—mo est Dâ—mino serâ—it viuenâ—o fideliter quia v. roâ—tiam Râ—x est seruit lâ—ges iusta praecâ—piâ— nâ—â—s conâ—â—arâ—a prohibentes conuenienti vigore sanciendo Aug epist 50. ad Bonisa ium Idem contra Cresconium l. 3. c. 51. so also in electing good Delegates and competent Iudges and Ministers of iustice and in charging and obliging them by all bond of dutie to vse their authoritie to promote the publike good in examining and deciding all causes and controuersies with righteous iudgement and due execution of iustice which is the very life and soule of good and wholsome lawes And thus much of the person who gaue the Charge GOD the KING Now of the persons to whom the Charge was giuen Iudges and Magistrates Your Iudges II. Point That is not onely Iudges in the most strict and streit notion signification of the phrase but all Magistrates also and Ministers of iustice at least by true and necessarie consequence And most meete it is surely that such a strict charge should be giuen by God and the chiefe Ruler Doctr. to such as were elected and designed to be Iudges For they are for trust keepers of the Law and for their office speaking lawes and by their power and authoritie vnder God and the King principall swayers and dispensers of equitie and iustice And as Masters and Pilots in the ship of the Common-wealth who sit at the sterne and guide it forward through their wisdome and fidelitie in an euen a prosperous and succesfull course vnto the desired hauen of peace and prosperitie But through their carelesse neglect and heedlesse ouer-sight they cause fearefull shipwracke and miserable ruine And you know right well that when Iudges and Magistrates become wise and faithfull in deliberate sanxion and due execution of good and wholsome lawes and statutes that then by their good meanes and Gods good blessing Gods lawes are backed his ordinances established piety is promoted equitie preserued the Church is made pious the Common-wealth prosperous our communion with God and societie with man becomes most comfortable happy and blessed But when Rulers and Magistrates doe
the righteous and condemne the wicked Then that is maturely without needlesse delay Our Sauiour in the Parable doth note it as a marke of an vniust Iudge who is void of all feare of God Luc. 18. and regard of man that he deferred to doe iustice to the importunate widdow Iudges and Magistrates must in no wise bee like vnhappie Faelix Act. 24.27 who left Paul in bonds in hope of bribes but like vnto Festus his more equall Successor who hearing that Paul was kept bound at Cesaria promised to goe verie shortly thither and the very next day after his comming thither Act. 25.6 conuented him examined and handled his cause though he fayled in the processe of this businesse for feare of the Iewes This vniust delay of iudiciall processe hath beene an old and auncient corruption for reformation whereof sundry Decrees were made by those worthie Emperours Constantine Iustinian Gratian Valentinian and Theodosius against procrastination and dilatory courses in matters both of controuersie and crime In matters of Controuersie thus Iustinian doth define L. ProperanduÌ„ C. de iudicijs Iustin Imperat. Properandum nobis visum est ne lites penè fiant immortales et vitae hominum modum excedant In causes of controuersie it seemes good to vs that hast bee made least causes depending become immortall and exceed the measure of the life of man Causae pecuniarum et ciuiles omnes quocunque nomine veniant cuiuscunque sint quantitatis non vlterius quam ad triennij spacium extendi iubentur ibid. And what a great and grieuous both sin and shame is it especially in Christian common-wealths that the Sonne the aged Sonne should not liue long enough to see an end of the tedious suits of his intangled Father who trode a maze in his endlesse prosecution of Law for the relieuing of his still vnrighted wrongs In matters of Crime so saide the auncient Lawes Sic C. L. 1. de custodia reorum Constantinus impâ—edicit statim debet quaestio fieri vt noxius puniatur innocens absoluatur Arraignements ought speedily to be made that the guilty may bee punished the innocent absolued and againe De his quos tenet carcer inclusos aperta definitione sancimus vt aut conuictos velox poena subducat aut liberandos custodiadiuturna non maceret Imp. p. p. p. Gratian Valentia Theodosius decernunt Concerning those who are in prison we doe by expresse definition enact that eyther speedy punishment shall make away the guiltie or continuall imprisonment shall not wast the innocent Our Lawes no doubt for decision of controuersies are both as perfect and expresse as these and therefore is it not a fowle offence and a fearefull sinne in any Iudges or Lawyers or other ministers of iustice to set to sale their heads and tongues their wits and words their places and functions for the warping and weauing on of the webbe of controuersies protracting of causes through needlesse delay for priuate respect of gayne fauour or enuy without due regard to common equitie or publique tranquillitie or weale and welfare of Church and Common-weale Reasons against vniust delay of iudgment In this case it s too true Delaye breedes danger daunger of Vndoing to the partie oppressed danger of presuming to the person oppressing danger of hurt to the party procuring delay and danger of ruine to Church and Common-weale It grieues the heart Reas 1. excruciates the soule of the partie oppressed to beare such a cruell and detestable iniury when vnder plausible pretence of Law iudgement and iustice hee is not onely delayed from his right and spends himselfe in prosecuting for it but withall incurres suspicion of one wicked and vniust as if hee himselfe were the doer of the wrong He that shall thus oppresse the iust in his righteous cause doth touch the apple of Gods owne eye which is a fearefull and dangerous sinne and prouoketh the Lord to reuenge the oppressed Griefe constraineth the iust 2 who finde no releefe by iust order of law to take vniust and vnlawfull courses as calumnies quarrels contentions and brawles to releeue and remedie their vnrighted wrongs and sometimes through impotencie of humane affections especially in women more conquerable of passions poysonings and murthers of their oppressing aduersaries and so with danger of their lands and goods they indanger the losse both of bodies and soules and shall not the vnjust occasioner of such euils communicate in the sinne and partake in the miserie Hereby is a wide flood gate opened and inlarged whereby hatred 3 contentions and capitall enmities are propagated and diffused by partners and kindred ouer whole families villages Cities Countries and Kingdomes which administer matter for mutinies and slaughters For the contentions of the proud are shedding of blood Sirach 27.16 and their scouldings are greeuous to heare And is not hence danger of ruine to the State And who is the cause of all this mischiefe but hinderers and peruerters of equitie and instice Or if such outward mischiefe do not hence ensue 4 yet hereby is Gods worship and exercises of religion as by an euill spirit and hellish furie of discord disturbed and poysoned while mens minds are distracted and exasperated with continued lawings and dissentions so that they can neither heare the word with attention and profit nor pray priuately or publikely with deuotion or zeale nor receiue the Sacraments with any quiet or comfort And shall not the vnjust hinderers of iudiciall processe from finall deciding of actions and controuersies stand guilty before the Tribunall of God as disturbers of diuine worship and breakers of spirituall peace Hereby is iustice it selfe profanely abused 5 and God himselfe the God of iustice and prescriber of equity most impiously contemned monstrously dishonoured as if he himselfe were vnequall or vnjust For when his Delegates and Deputies do peruert judgment they make God himselfe asmuch as in them lies to become author and approuer of their detestable impietie All Indges Counsellors 6 Attourneyes Sollicitors Sheriffes Iurors or witnesses or other ministers of iustice who by corrupt abuse of Gods sacred ordinance of iustice open a flood-gate or window to such enormities and euils shall themselues be convented vnlesse they repent before the most dreadfull Tribunall of God there to be convicted and sentenced for their fearfull offences All innocent persons who haue bin oppressed 7 yet by piety restrained from vnjust reuenge and preserued by Gods grace from vnlawfull remedies shall yet in priuate put vp their complaints with sighes and groanes to the Iudge of Heauen who as their kind patrone and powerfull protector shall take vengeance and punishment on such malefactors as haue not releeued but vnjustly oppressed and that vnder pretence of law such helplesse ones in their distresses and miseries The soune of Syrach in his Ecclesiasticus though it be not Canonicall describes this very well Ecclesiast 35. saying v.
haue done vnto his brother So shalt thou put away the euill from among you and those which remaine shall heare and feare and from hence-forth shall commit no such euill among you And thy eye shall not pitie but life shall go for life and the morall law doth eternally establish that the wilfull murtherer should die the death Gen. 9.6 I acknowledge indeed that famous Emperors haue bene much admired for clemencie and pitie Suet. Vesp as Titus Vespasian who wept for just executions and whereas the Emperors themselues vsed then to iudge of life and death Tranquill in Tito he was hardly drawne to giue iudgment at all and vtterly vnwilling to condemne any to death Mauricius who by his good will would not haue so much as a Traytor die Euagr. l. 6. c. 1. Augustus in prudence second to none yet being to examine a parricide began thus â—an Bod. de rep lib. 4. cap. 6. Certè patrem non occidisti Surely thou hast not slaine thy father In which words he did not onely instruct the guilty person what he should answer to the Prince and Iudge but also in admirable humanitie did pardon the parricide Theodosius Socr. lib. 7. c. 22. who was wont to wish that he could recall to life such as had wronged him Nero himselfe otherwaies cruell who being asked to subscribe to a sentence of death gaue this answer Vtinam liter as nescirem I would I could not tell how to write But be it granted that Clemency is a princely vertue as the King of Bees is without a sting and Bounty another Nihil est quod Imperatorem meliùs commendat gentibus quam Clementia Antoninus ad Coniugem Valcatius in vita Cassij which winnes much loue for which cause Titus Vespasian was accounted the loue and delight of mankind yet excesse herein is no vertue but a vice when it hinders the current of needfull execution of iustice And nothing is so contrary to the office of a Iudge as such mercy when the Iudge becomes more mild than law in sparing the execution of notorious malefactors Such impunitie of grosse offences is as one saith a most certaine argument of the perishing estate of a Common-wealth Punishments duely executed are the sinewes of the weale-publike 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demosthenes True indeed in cases of difficultie there must be inclination to mercy In lesser offences once or seldome committed mitigation of seueritie Frequenter qui peccant lugent veniam vix merentur Such as often offend though they mourne for their fault yet scarce deserue pardon saith Augustine And Christian compassion in seueritie of censure commiserating the misery of a guilty person beseemes a Christian Iudge who when he pronounceth the sentence of death may with Augustus Seneca in lib. de Clementia ex imo pectore suspiria ducere fetch deepe sighes from the bottom of his heart and be more sorry for them than they are for themselues yet law must haue course iustice must be done that euill may thereby be taken away that others that heare may feare and doe no more so presumptuously and that the land stand not before God guilty of blood lest Gods sword be vnsheathed and his hand strengthned to the reuenging of so great and so sinfull conniuencies when impunitie is permitted to bloody crying finnes In few words to conclude this point As those Iudges or Magistrates are not to be imitated who in acerbitie of punishments affect the opinion of seueritie so neither those who by too much facilitie seeke loue and affect the opinion of lenitie Both these are faults in the extreme swaruing from the office of a Iudge l. respâ—â—iendum de poenis as auncient lawes do teach and declare Equitie walkes in the golden meane betweene rigorous seueritie which punisheth any too much and cruell mercy which spareth a few to the hurt of many Application of the doctrine to sundry orders of Persons Now it remaineth that I should apply this charge for iustice of God and the King giuen by Moses to the Iudges of Israel to our Honorable and Reuerend Iudges here present neither to our Reuerend Iudges alone but to all those ministers and instruments of iustice sundry persons of different qualitie who concurre as assistants in the dispatch of this busines But because my speach hath already passed the bounds of the allotted time I seeme vrged by necessitie to forbeare the same and to commend the particular application thereof to your priuate deuout and godly meditations yet hoping your wisdomes will redeeme a litle time by cutting off some lesser occasions I will make bold to speake a litle to the principall of those persons whom this charge doth so neerly concerne My Honorable Lords you the reuerend Iudges of these Assizes 1 To Iudges I shall not need to speake much vnto you because the Lord in mercy hath bestowed vpon you to speake as I am well perswaded without flatterie a great measure of wisdom piety to deale in matters of iudgment iustly and conscionably and you haue right well approued both to King and Country your fidelitie and sinceritie in execution of your function in so much as we blesse God for you and pray to God to blesse you that you also may continue a blessing vnto vs. Yet giue me leaue to put you in minde of this your charge from God the King Heare the causes between your brethren and iudge righteously Your wisdome and long experience haue taught you well that that of Chrysostome is very true Ipsam causae inuenire iustitiam grande opus Lib. 3. de Sacerdotali dignit cap. 18. inventam verò nulla iniquitate corrumpere labo riosissimum To find out the very iustice of the cause is a great worke and therefore you had need to be very circumspect therein and when it s once found out then to corrupt it by no iniquitie is a most laborious thing and therefore you had neede to be very vpright therein And that I may ioyne with the reuerend Iudges those worthie magistrates 2. To Iustices of Peace the Iustices of Peace you well vnderstand what a fearefull sin it is to turne iudgement into Wormewood Amos. 5.7 and to leaue of righteousnesse in the Earth Ames 6.12 To turne iudgement into gall and the fruit of righteousnesse into Wormewood Ier. 5.28 To ouerpasse the deedes of the Wicked to execute no iudgement no not the iudgement of the fatherlesse to execute no iudgement for the poore What a fearefull sinne were it for any of you to suffer through your neglect or partiality iust iudgement neuer to goe forth Heb. 1.4 but the wicked to compasse about the righteous and wrong iudgement to proceed These are fearefull sinnes in Iudges and magistrates for which the Lord did sharpely threaten and seuerely punish his owne people Wherefore I earnestly beseech you from the Lord continue still if you haue begun to be men