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A68715 Christs politician, and Salomons puritan Deliuered in two sermons preached before the Kings Maiestie. By Thomas Scot Bachelour of Diuinitie and one of his Maiesties chapleines. These two sermons epitomiz'de. Beware of men; of hypocrites beware. Who likes not this, no friends but enemies are. Be not too iust; be not a puritan. Yet be as pure a Christian as you can. Scott, Thomas, preacher at the Rolls Chapel.; Scott, Thomas, 1580?-1626, attributed name. 1616 (1616) STC 22074; ESTC S100078 29,507 59

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writing vpon Exodus faith that it was an ancient custome among the Hebrewes that though the greatest part of their Iudges in their publike assemblies had condemned a man yet would they respite his execution for a time and not presently put him to death but if the greater part at any time agreed in the acquiting of any man he was presently discharged without any further consultation because they did hold that in doubtfull cases betweene iustice and mercy it was alwaies best and safest to encline to mercie Melius est errare in modicitate quant in excessu It is better to erre in the meane then in the extremity It is a commendation that is giuen in the Scriptures to the Kings of Israel that they were mercifull Kings Moses the best Magistrate that euer was was the mildest man that euer was Salomon the wisest Magistrate that euer was was called the Prince of Peace because he was the most peaceable Prince that euer was And as he was so he writeth Mercy preserueth a King and with louing mercy is his seat and scepter vpholden Be not too iust therefore but help to hold vp his Maiesties Crown Kingdome with mercy that as he hath wonne it with mercy so it may still stand by mercy and so continue to him and his posterity after him A third thing commendable in a Magistrate is Discretion termed of Bernard moderatrix mater auriga virtutum the moderatour the mother and guide of mens manners and specially of the Magistrate For as a Coach-man doth not alwaies driue right forward nor keepe alwayes one pace but must sometime stay somtime turne sometime driue faster and sometime slower as the wayes doe serue and as he seeth his horses are able to endure euen so neither must a Magistrate keepe alwaies one direct course nor in all causes carry himselfe alike to all men but must many times conforme himself to the diuers dispositions of diuers men according to the diuersity of their different humours Physicians doe not alwaies and in all diseases followe the rules of learning and their bookes but they are sometime faine to apply themselues to please their patients and suffer them to haue their willes against the rules of physicke so must Magistrates doe with the vnruly people when as they are not all alike nor all sicke of one disease so neither are they alwaies to be vsed alike nor to be cured after one manner And though it be a rule in Diuinity non est facienda mala vt eueniant bona that euill is not to be done that good may come therof yet when men haue to do with the common people ferenda toleranda nonnunquam sunt mala It is the opinion of M. Beza Epist 4. Quaedam esse cogente necessitate non tantum tacite toleranda sed etiam publicis ligibus moderanda quoniam semel simul tolli a mag propter hominem duritiam non possunt cuiusmodi est diuortij libellus foeneris moderatio c. There are some things that of necessity are not onely to be suffered with silence but to be moderated by lawes also because through the hardnesse of mens hearts they cannot at once and together bee taken away of the Magistrate such as bils of diuorce and vsury c. All things are lawfull but all things are not expedient All things therefore that are lawfull for the Magistrate to doe are not alwayes expedient for him to doe Discretion must teach him the difference It had beene lawfull for Moses to deny diuorcements to the Iewes but because he saw it was not expedient to deny them he was content to yeelde to an inconuenience to auoyd a mischiefe It had beene lawfull for Samuel to haue denied the people a King when they required his consent for the choice of one but yet hee thought it not expedient to stand against them lest they should haue presumed of themselues to haue made one without him Quod non est licitum in lege necessitas licitum facit that which is not lawfull by Law necessity many times maketh lawful without law Nonnullos toleramus quia corrigere punire non possumus We suffer some men because we cannot conueniently correct and punish them There are three causes saith one for which a Magistrate may and must sometime forbeare to punish The first is when the offendours are hidden and vnknowen in which case sanctius est nocentes absoluere quam innocentes condemnere it is better to absolue the nocent then to condemne the innocent lest in gleaning out the tares the wheat bee pluckt vp also and the good bee punished for the bad The second is when the fault to be punished is an offence of infirmity or ignorance and not of malice when it may be probably presumed of their amendment that are the offendours For the end of punishment is the reformation of him or them that are to bee punished which when it may be wrought without punishment the punishment may be spared quia medici non indignantur egrotis sed morbo medentur For Physicians are not angry with their patients but they desire to cure their diseases The third cause is when the offendours beeing many or great men cannot conueniently be punished without danger of schisme in the Church or sedition in the common-wealth In these and such like cases and causes Discretion saith alwayes to the Magistrate Be not too iust And thus much of those things that concerneth the Magistrate to take knowledge of out of the words of my text The second sort of people to whom Salomon speaketh are priuate men and common persons that liue as Subiects vnder the obedience of Christian Magistrates To these also that are such Salomon saith heere Be not too iust therein giuing direction to euery priuate man how to guide himselfe in his obedience in his religion in his conscience and in his zeale in all which things Salomon would haue no man affect to bee too iust but rather to conform himselfe and his conscience to the equity and example of Gods Iustice First touching religion he forbiddeth vs to be too iust either in words or terms of doctrin or questions of discipline in both which he would not haue you that are the common people to require euery thing that is taught you out of the Scriptures to be prooued by expresse words of the Scripture For although the word of God is and must be the lanterne of our feet and the light to our pathes and the sole and onely rule of our Iustice which must direct and guide vs in all matters of religion yet are there many termes of doctrine both taught beleeued of the Church which are not there to bee found in plaine and expresse words but onely drawen from thence by way of consequence and yet receiued as agreeing with the Scriptures and with the anologie of faith Nazianzen sayth that studium litterae est