distingens conservans pacificans The Law is Terminus distinguens It distinguisheth one mans proprietie from anothers all would become common as some Anabaptisticall spirits would have it and no Proprietie in goods no man could say that any thing he possesseth were his own were it not for the Law Now the Law appropriates to every one his right It s a good mark-stone to set bounds so far reacheth such and such a mans right and no further It prevents all incroâ—chments and injuries otherwise the strongest though without right would take all The Law is Terminus Conservans It preserves men in their right that so one man may not incroach upon another Were it not for 2. The Law is Tâ—rminus Conservans the Law the Poore mans Acres would be soone impaled in his Lords Parke because of it's vicinity Inde datae leges ne fortior omnia posset And hereupon a Philosopher was wont to say Cives non minus oportet pugnare pro legibus quam pro maeniis We must fight for our Lawes rather then for our walls for it 's possible for a cittie to be safe without walls but not without Lawes 3. The Law is Terminus Pacificans The Law is Terminus pacificans that which prevents controversies and preserves peace Next to our religion we should stand for the fundamentall lawes of our Nation Warre is occasioned for the breach of Lawes The Parliament of England I am perswaded as may appeare from their writings had never drawn the sword at first were it not for the defence of Religion and the Lawes of the Kingdome which they solemnly covenanted to maintaine which were trampled under foot by a Malignant party Now peace should be in the eye of them that goe to law whom the weightinesse of the matter constraines to such a remedie though it sadly and frequently fall out Quod primum in intentione est ultimum in executione Reas 3. From the Mischiefe of Injustice The third and last reason shall be Causa à contrario drawn from the mischiefe of injustice and the sad consequences thereof Contraries we say illustrate one another And of contraries there are contrary consequences As where Government flourisheth and good lawes are put in execution there 's Terminus distinguâ—ns conservans pacificans mens proprieties are distinguished preserved and peaceably injoyed So on the contrarie where 's Anarchy and licentiousnesse every mans humour is his Law Quod libet licet There 's no bound set to distinguish and segregate between mine and thine no safetie no peaceable injoying of any thing As soone as the Hedg of the Law is broken down and the bounds removed the common-wealth proves like a Forrest wherein wild beasts of prey devoure one another the stronger the weaker or like a great Fish pond where the great fishes devoure the lesser If the Law help not might will prevaile above right and people will be trampled under feet by Tyrants who like those blustring ancient Giants made people to fall before them For want of Magistracy you read the lamentable Catastrophe of the people of Laish Judg. 18. 7 27. Then the five men departed and came to Laish and saw the people that were therein how they dwelt careless after the manner of the Zidonians quiet and secure and there was no Magistrate in the Land that might put them to shame in any thing ver 27. And they came unto Laish unto a people that were secure and they smote them with the edge of the sword and burnt the City with fire You read of the Children of Dan's robbing Micha and he durst not speak for fear that angry fellows should fall upon him You read of the men of Gibeah's horrible abuse towards the Levites Concubine And the Spirit of God remindes us of one and the self-same reason in Judg. 19. 1. It came to pass in those days when there was no King in Israel that there was a certain Levite sojourning on the side of mount Ephraim who took unto him a concubine one of Beth-lehem Judah Judg. 21. 25. In those days there was no King in Israel every man did that which was right in his own eyes The want of Magistracy occasioned all those Outrages But I proceed to the third Head propounded How must Justice 3 Head How must Justice be executed be executed Two things I intend to open to you 1. What manner of person he must be how qualified that executeth Judgements 2. What manner and what rules a Judge ought to observe in execution of Justice If you inquire How must a Judge be qualified The Scripture 1. How must a Judge be qualified leaves many Examples upon Record some to avoid others to follow Samuel's Sons took bribes and perverted Judgement 1 Sam. 8. 3. Corrupt Judges swim through Pactolus and land at the back stairs as if they had the yellow Jaundice in their eyes Gold being so much in their sight Justice may neither be bought nor sold Gallio was a careless Judge let all sink or swim he 's indifferent The unjust Judge would do nothing without importunity something at last he did through multitudes of importunate sollicitations not out of respect to Justice but his own ease He would not be wearied with too many supplications for Justice Pilate condemned Christ against his conscience to please the People and to be accounted Caesars friend Such a Judge you ought not to be But what a one a good Iudge should be let him have an eye unto Davids practice Psal 101. 8 I will early destroy all the wicked of the land that I may cut off all wicked doers from the city of the Lord A Iudge should have respect unto Samuels appeal to the people 1 Sam. 12. 3. Behold here I am witness against me before the Lord bâ—fore his anointed whose Ox have I taken or whose ass have I taken or whom have I defrauded whom have I oppressed or of whose hand have I received any bribe to blinde mine eyes therewith and I will restore it you It was Jobs Character Iob 29. 14 15 16 17. I put on righteousness and it cloathed me my Iudgement was as a Robe and a Diadem I was eyes to the blinde and feet was I to the lame I was a father to the poor and the cause which I knew not I searched out And I brake the jaws of the wickâ—d and pluckt the spoil out of his teeth Such you must be as Jethro chargeth you And because his counsel was the Archetypum or first draught of Magistracy for a well ordered Body Politick this instar omnium I shall propose for an exact pattern for your imitation Exod. 18. 21 22. Moreover thou shalt provide out of all the people able men such as fear God men of truth hating covetousness and place such over them to be rulers of thousands and rulers of hundreds rulers of fifties and rulers of tens and let them judge the people at all seasons and it shall be that every
12. 5. If thou canst not brook a by-word a nick-name a scoff or a reproach for Christ how wilt thou resist unto blood Art thou loath to venture thy breath to plead the cause of God how wilt thou venture thy life when the water is but to the ancles and then you will not wet your feet how will you pass over when it becomes a river Bilney the Martyr tryed the fire with his finger If thou canst not endure the burning of thy finger how wilt thou endure the burning of thy body If a lesser cross foyl thee how wilt thou grapple with a greater If a reproach a jear the fear of displeasing a Relation carnal interests and selfishness make thee flie of and apostatise surely thou wilt never kiss the stake and welcome fire and fagot when Persecution comes The glozing Hypocrite and Machivilian Politician will never 2. The Hypocrite and Polititian will not suffer suffer for Christ his Policy is not to follow Religion too close in the heels lest it dash out his brains not to launch further in the deep then he can come safe unto the Haven his design is not to discover his conscience farther then he can save his skin This is the man that chooseth sin rather then affliction Job 36. 21. The Hypocrite hath no sure rooting nor firm foundation for he builds on the Sands Superficial outsides Popularity Relations Revolution of times byass his motions and stears all his practices and not the glory of God nor the love of Jesus Christ The carnal Mamonist will not suffer for Christ The world is his master he serves it and makes it his Idol and no man can serve two masters 3. The carnall Mamonist will not suffer His Gold Corn Buildings Dignities Revenues are his Gods he sets up these as the Idols and stumbling blocks of his own heart Demas loved the world and therefore deserted the society of the Apostles Judas loved money and therefore betrayed Jesus Christ The foolish Gadarenes preferred their Swine before a Jesus The young man preferr'd Treasures on Earth before Treasures in Heaven Mark 10. 22. And he was sad at that saying and went away grieved for he had great possessions The root of this lamentable choice was covetousness 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the Apostles Character is the root of all evil 1 Tim. 6. 10. For the love of money is the root of all evil which will become coveted after they have errid from the faith and pierced themselves thorow with many sorrows The covetous man dreams of an Eternity upon Earth he 's earthed before his time he will not forgoe his Oxen his Farm his Gold or Silver for Jesus Christ he 'l follow Christ no farther then he may gain by and make a good Market of him as the people followed Christ for the loaves But if it come to the parting with some of his Idols of gold silver he 'l not let them goe he 'l sit on them as Rachel did on the stuff They are his Gods and what hath he more whoever you are that are in love with the world whose breath smells of earth whose discourse is earthly and whose hearts are glued fast to the Pelf of the world and swallowed up with worldly intanglements of all men you are unlikely to suffer for Jesus Christ And as for you the younger sort are herein most faulty that follow the fashions of the world the Antick Exotick garbs and weare ridiculous monstrous fowl heads of Hair borrowing other folks Hair I may thus argue with you if you will not part with a fashion of ill report how will you part with your lives for Christ Tertullian hath a saying Timeo Tertul. lib. 3. de cultu Faeminarum cervicem c. I fear that Neck that hath on it a Neck-lace of Pearls that it will not lay it self down upon the block for Jesus Christ 4. The formal Professor will not suffer for Jesus Christ these are 4. The formal professor will not suffer for Jesus Christ the high-way hearers mentioned Matth. 13. 19. When any one heareth the word of the kingdom and understandeth it not then cometh the wicked one and catcheth away that which was sown in his heart this is he which received seed by the way side A formal Gospeller that doth all for form will fly off and flinch when suffering comes Many reduce Religion to a meer form and come to the Ordinances as a fashion and a custom and many Scholars come to Prayers and Sermons because they are engaged to it by local Statutes But what doe they in their Studies Doe they pray there in secret I beseech you chatechife every one his own heart ask thy felf Do I keep time and touch with God in private Do I pray when no eye of man seeth me Doe I walk closely with God how doe I carry my self in my private addresses to God Fly from Formality beware of resting on a formall out-side Profession Formalists are so odious as that we may not associate our selves with them 2 Tim. 3. 5. Having a form of godliness but denying the power thereof from such turn away 5. Your luke-warm Laâ—diceans will not suffer for Christ These 5. Lukewarm Laodiceans will not suffer for Christ halt between two Opinions and have two Faces they are of the worst temper neither hot nor cold some calls them Ambidexters other Neuters some Vterques some omnia These will not suffer for Christ these will not stand for Religion when it 's under Hatches Many that pretend to this moderation are much of this Laodicean temper Erasmus like hanging between Heaven and Hell you cannot tell what to make of them like cunning Gaimsters who will stand by a great while and then bet on the winning side I would saith the Spirit that thou wert either hot or cold Rev. 3. 15 16. I know thy works that thou art neither cold nor hot I would thou wert cold or hot So then because thou art luke-warm and neither cold nor hot I will spue thee out of my mouth Those are either of Gallio's temper that will not take pains in the work of God or else with Agrippa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in some small things they will appear for Christ so far forth as it will not cross shins with their ovvn Politick Designs Of all others these are the greatest enemies to reformation and because they would comply with both sides God in Judgement will make them odious unto both Lastly Profane Libertines will not suffer for Jesus Christ these 6. Profane Libertines wil not suffer for Christ are enemies unto the Cross of Christ running headlong into all excess of riot these are drunk with the Drunkards and swear with the Swearers how can these be put into any possibility of suffering For first They will not bate a Lust forgoe a Corruption for Christ how then can they suffer for him Secondly They hate Christ and his Servants now its love
Scripture proofes I need not range in any other fâ—elds In the second place I le give in some Scripture Reasons for confirmation of the point 2. Reas 1. From the excellency of justice The sirst reason shall be drawn from the excellencie of Iustice And this will appeare in these particular respects It derives its Originall from God Iustice is a communicable Attribute flowing from the fountaine to the streams and government which is that master-wheel to set the motions of Iustice in due order receives prime honour and excellencie from divine Institution By me Kings raigne and princes decree justice by me Princes rule and nobles even all the Judges of the earth Prov. 1. 15. 16. There 's a jus divinum to warrant your honourable calling Iustice is excellent in respect of that incomparable superexcellent price paid to make satisfaction to it and that was the blood of Iesus Christ It 's true that mercy is God's delight It 's above all his workes mercy is swift pac'd Iustice is slow pac'd its chariot wheels drive heavilie God was walking in the garden when he went to passe sentence on Adam But he ranne to meet the Prodigall here 's a walking in point of judgment but a running in point of mercy Yet notwithstanding Iustice will be no looser Mercy Iustice power goodnesse obiquitie c. are diversly according to our capacities apprehended by us yet they are all one in God As God is mercifull so he is just Iustice must be satisfied per se aut per alium Per se no man can it must be done per alium by a suretie See Zech. 13. 7. Awake O sword against my shephard and against the man that is my fellow saith the Lord of hosts smite the shephâ—ard and the sheep shall be scattered and I will turne mine hand upon the little ones No lesse price was paid to satisfie Divine justice then the effusion of the precious blood of the sonne of God one drop whereof is of infinite dignitie price and value The excellencie of Iustice appeares in respect of its excellent effects and operations Iustice is the basis and supporter of the state Leâ—est corporis Politici nervus The great body of states would be paralitick and in a paroxisme and there would be a dissolution of the continuum if the sinewes of Justice should faile To justice under God we owe our lives liberties lively-hoods We could not sleep quietly in our beds for feare of massacres and robberies if lawes were not in force and the current of Iustice should be damnd up Iustice may be compared to the stakes of a strong hedge to keepe it from falling And a Iudg is a quick-set-hedg to keep off incursions into anothers Peculiar Iustice is the preserver of meum tuum It 's the life of our societie the bulwarke and buttresse of our safetie the fort-royall and strength of our Garrisons Should justice cease and there should be no reprover in the gate we should be resolved into an Anarchy a Chaos a confusion and destruction We should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 homo homini lupus nay homo homini Daemon By the execution of Iustice Government Magistracie Iudicatures those strong walls of a Kingdome remaine impregnable Religion learning trades traffiques lawes arts and scienâ—ss thrive and shelter themselves under the wings of government executing Judgment and justice Reas 2. From the Necessity of establishing justice The second reason shall be drawn from the apparent necessitie of establishing judgment and justice The necessitie is indispensible whether there be considered Necessitas Paecepti vel Medii For the first â— how frequently doth the Lord call for execution of Iustice It 's that which must be sought after Isay 1. 17. Learne to do well seek judgment relieve the oppressed judg the fatherlesse plead for the widdow It must be kept Isay 56. 1. Thus saith the Lord Keep ye judgment and dot justice for my salvation is neere to come and my righteousnesse to be revealed It must not be executed as a malefactour that 's a persecution not execution Iustice is executed upon delinquents not upon it selfe Zech. 7. 9. Thus speaketh the Lord of Hosts saying execute true judgment and shew mercy and compassion every man to his brother So Zech. 8. 16. These are the things that ye shall do speak ye every man the truth to his neighbour executo the judgment of truth and peace in your gates It s promised as a mercy Isay 28. 6. And for a spirit of Judgment to him that sitteth in judgment and for strength to them that turne the battell to 〈…〉 gâ—te It s an argument of Gods love to a people I Kings 10. 9. Blessed be the Lord thy God which delighteth in thee to set thee on the Throne of Israel because the Lord loved Israel for ever therefore made he thee King to doe judgment and justice It 's that which hath God's approbation Micah 6. 8. He hath shewed thee O man what is good and what doth the Lord require of thee but to doe justly and love mercy and to walke humbly with thy God It s that which God loveth Psal 33. 5. He loveth righteousnesse and judgment the earth is full of the goodnesse of the Lord. It 's that which in an especiall manner God commands Deut. 16. 18. Judges and Officers shalt thou make thee in all thy gates which the Lord thy God giveth thee thorowout thy tribes and they shall judge the people with just Judgment There 's another jus divirum for your authoritie And Justice is that which God rewards Isai 33. 15. 16. He that walketh righteously and speaketh uprightly he that despiseth the gaine of oppressions and shaketh his hands from holding of bribes that stoppeth his eares from hearing of blood and shutteth his eyes from seeing of evill he shall dwell on high his place of defence shall be the munitions of rocks bread shall be given him his water shall be sure So Jer. 22. 15. shalt thou raigne because thou cloathest thy selfe in Câ—dar did not thy Father eat and drink and do judgment and justice and then it was well with him Justice is necessary necessitate medii A godly Magistrate dispensing justice and judgment reconciles meum tuum those two wrangling pronounes which are those Phaetons and grand incendiaries that set the whole world in a combustion Terminus was so much set by among the Romans that they paid homage to it tanquam Numini tutolari Without any tang of or compliance with their Idolatry we may safely say that the law is the Boundary of a common-wealth It s a good sence or mound to keep off beasts of prâ—y from making inrodes into my Severall It 's a good screne to keep off the scorchings of firy spirits who Salamander like live in the fire of contention It 's a strong bulwarke to desend a mans right from surprizall by violent enemies who lay seige and make batteries against it The law is Terminus