God and the king in a sermon preached at the Assises holden at Bury S. Edmonds, June 13. 1631. By Thomas Scot Batchelour in Divinitie, and minister of the word at S. Clements in Ipswich. Scot, Thomas, minister at St. Clement's, Ipswich. 1633 Approx. 52 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A11626 STC 21873 ESTC S100056 99835909 99835909 141

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Early English books online. (EEBO-TCP ; phase 1, no. A11626) Transcribed from: (Early English Books Online ; image set 141) Images scanned from microfilm: (Early English books, 1475-1640 ; 1291:03) God and the king in a sermon preached at the Assises holden at Bury S. Edmonds, June 13. 1631. By Thomas Scot Batchelour in Divinitie, and minister of the word at S. Clements in Ipswich. Scot, Thomas, minister at St. Clement's, Ipswich. [4], 28 p. Printed by the Printers to the Vniversitie of Cambridge, [Cambridge] : 1633. Imperfect; title page wanting; replaced by photostat copy in American Antiquarian Society. Reproduction of the original in the Union Theological Seminary (New York, N.Y.). Library.

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eng Sermons, English -- 17th century. 2005-10 Assigned for keying and markup 2006-01 Keyed and coded from ProQuest page images 2007-01 Sampled and proofread 2007-01 Text and markup reviewed and edited 2007-02 Batch review (QC) and XML conversion

GOD and the KING, In a ſermon preached at the Aſsiſes holden at BURY S. EDMONDS, June 13. 1631.

BY THOMAS SCOT Bachelour in Divinitie, and Miniſter of the word at S. CLEMENTS in Ipſwich.

Printed by the Printers to the Ʋniverſitie of Cambridge, 1633.

TO THE RIGHT HONOURABLE Sr THOMAS JERMYN Knight, Vicechamberlain of his Majeſties houſhold, and one of his Majeſties moſt Honourable Privy Counſel.

SIR, your renowned father was the firſt Patron of all my ſtudies, whereby he might juſtly have challenged the harveſt of all mine endeavours: all his rights are hereditarily deſcended to your ſelf; among which, I humbly crave, my duteous reſpect may be reckoned for one; as an evidence whereof, I do moſt lowly preſent to your Honour this little piece, humbly praying it may be valued not by it's own worth, but the minde of the giver; who profeſſeth himſelf bound to live and die in dutie to your houſe, and will not ceaſe daily to pray for your felicitie temporall and eternall, nor to be

Your Honours moſt obliged and truely devoted, THOMAS SCOT.

blazon or coat of arms

EZRA 7.26.

And whoſoever will not do the law of thy God and the Kings law, let him have judgement without delay.

WHat Almighty God is in his great monarchy of the world, that (in his proportion) is every abſolute King in his own dominion: for he is in Gods place unto his people, to nouriſh and protect them. Now becauſe no one man can do Gods office (who is all eye and all eare, and all in every place) Kings are inforced to uſe the miniſtry of inferiour helps, to be eyes, eares, and hands for them; that as the ſunne whoſe office it is to enlighten all the world (which by it's own beams it cannot do at one inſtant) is therefore inforced to communicate himſelf to other ſtarres, who in his abſence may give light and influence: ſo Kings (it being impoſſible that they ſhould be preſent at all affairs of their kingdome) do lend ſome of their own authority to leſſer lights, who do heare and ſee, and do for them; among which lights the Judges of a land, to whom ſacred juſtice is committed, are not the leaſt. This was not unknown to that great King Artaxerxes, who intending the full reſtauration of the people, citie, and temple of the God of heaven, gave order in the verſe before for Judges to be ſet over them; and (though himſelf an heathen King) made Ezra his Chancellour to give them this divine charge, that, Whoſoever will not, &c.

Out of which charge (that I may neither ſlovenly chop it into gobbits, nor curiouſly mince it to a gallamafrie) theſe particulars (God aſſiſting) ſhall be inſiſted upon.

Firſt, That in judgement there muſt be no partiality: Secondly, That obſtinate offenders are chiefly to be looked unto: Thirdly, That Gods honour is firſt to be provided for: Fourthly, That the Kings law muſt alſo be freed from violation: Fifthly, That judgement muſt in theſe caſes take her due courſe. And laſtly, That execution muſt be ſpeedy. And this is the treaſure of the Text: now ſee the mine where I dig it. Partiality is prevented, in that generall, Whoſoever: Obſtinacy noted in theſe words, Will not: Gods honour is firſt provided for in the precedency of Gods law: The Kings in the next place, by ſubjoyning the Law of the King: Juſtice is brought in for her part, Let him have judgement: Speedy execution commanded, Without delay. WHOSOEVER WILL NOT &c. Of all which while I ſpeak, in my Maſters name I boldly call for audience: in mine own name I moſt lowly crave your Chriſtian and favourable patience.

Firſt, There muſt be no partiality in judgement; Whoſoever: as if he ſhould have ſaid, How great or mean ſoever, noble or ignoble, rich or poore, friend or enemy; the one not to be feared, the other not to be pitied. I confeſſe, all offenders are not alike: but this difference ariſeth not from the quality of the offender, 2. Chron. 19.6. but of the offence. Jehoſhaphat told his Judges that their judgement was Gods not mans, intimating that they ought to judge as God himſelf would, who accepts no perſons. And he whoſe Dixit was his Fecit, hath ſaid they are, Pſal. 82.6. and therefore hath made them to be, gods: wherefore as in other things, ſo in impartiality their judgements muſt be little types of Gods great aſſiſes, where ſinne ſhall be judged in all perſons alike, ſaving that the greatnes of the perſon ſhall adde to the puniſhment: for the mighty ſhall be mightily tormented, Wiſ. 6.6. Viri ſublimis culpa grave peccatum eſt, ſaith S. Auſtin. The greater the man, the greater is the ſinne. Varniſh is no colour of it ſelf; but yet it addes luſtre to every colour: ſo greatneſſe and eminencie of perſon is of it ſelf neither vertue nor vice; but yet it gives a great addition to either. So then the cauſe, and not the perſon, muſt be judged: for Whoſoever &c.

I would willingly (before I leave this point) diſgrace this ſinne of partiality in judgement by ſhewing the pedegree of it, and what houſe it comes of; namely either from bribes, favour, raſh anger, or cowardiſe: evil egges all; for neither barrell, better herring.

Firſt from bribes; as is to be ſeen Exod. 23.8. as alſo Deut. 16.19. where we heare that A reward blindeth the eyes of the wiſe, and perverteth the words of the juſt two dangerous effects upon two principall parts in doing juſtice, making the receiver firſt to have a miſt before his eyes, and to be ſtricken with deceptio viſûs; and then, not diſcerning the cauſe, muſt of neceſſitie pervert his words, yea caſts him into a fit of convulſion, and draws his mouth clean awry; and then how can he give right judgement? Ah! fie upon this ſtinking wages of unrighteouſneſſe; 2. Pet. 2.15.

2. Next from favour, procured by letters, friends, favorites, ſervants, and the like: for all theſe will ſtickle now and then in bad cauſes, and Judges do too often liſten to ſuch motions, thereby making others indebted to them againſt ſuch an occaſion. But letters of this nature are beſt anſwered with ſilence: as for friends and favorites, a Judge in his robes, upon the ſeat of judgement, ſhould be no man of this world; but like the Angels in heaven, where they neither marry, Matt. 22.30. nor are given in marriage; that is, all earthly relations do ceaſe. As for your ſervants, if they move in a cauſe, ſuſpect thoſe leſſer wheels to be newly oyled, or elſe they would not go ſo round: yea of all theſe ſay, Magìs amica veritas, I will loſe you all for juſtice ſake.

3. Sometime from anger: No paſſion but is an evil guide in execution of juſtice, even too much compaſſion; for there is a cruel mercy: but there is none ſo impetuous and dangerous, as this of anger: for if there be an angry prejudice againſt the perſon, even ſlender probabilities will ſeem vehement preſumptions, and preſumptions will appeare pregnant evidence. Anger is the drunkenneſſe of the minde, which robs a man of himſelf: nay, it is a ſhort madneſſe, differing from it onely in duration: for if a man ſhould ever be as in his paſſion, with eyes ſtaring, countenance red and inflate, teeth grating and interfering, tongue ſtutting and ſtam •••• ng, hands ſhaking and trembling, and all actions thus irregular, ſhewing laeſum principium; who would not ſay, this man were diſtracted? But if Socrates would not beat his boy when he was angry, how much more ſhould all miniſters of juſtice baniſh this heady paſſion from the judgement-ſeat, leſt they heat the oven ſeven times hotter in their own cauſe then in Gods, proceeding in heat againſt the perſon, and not in zeal againſt the ſinne?

4. Laſtly, from fear or cowardiſe: this caſt away Nabaoth; the Judges had letters written in Achabs name, and ſealed with his ſeal, and they durſt not go againſt the Kings Mandamus. With this the Jews brought on Pilate to give ſentence of death againſt the Lord of life, who adjudged him both to die and to be guiltleſſe of death, Nè non videretur amicus Caeſari, Leſt he ſhould not be Ceſars friend, or rather, leſt Ceſar ſhould not be his friend: But how much better had it been, if theſe Judges had preferred the diſpleaſure of the great Judge of all the world? and ſaid, Da veniam, Imperator; tu minaris carcerem, Deus gehennam: I will forfeit mine head, or mine office, rather then my truth. Thus they who be in ſcarlet ſhould be valiant men.Nah. 2.3. To betray a cauſe for want of courage, is worſe then for want of underſtanding: this is of ignorance, but that is voluntary; therefore not to be expiated but by double ſacrifice.

A miniſter of juſtice of the two had better be 〈 in non-Latin alphabet 〉 , then 〈 in non-Latin alphabet 〉 , without an head of knowledge, then an heart of execution. But joyn head and heart together in this ſacred cauſe, wiſedome going before like a 〈 in non-Latin alphabet 〉 , and courage coming after like a puiſſant army. And this be ſaid of the firſt point againſt this baſe-born Partiality, deſcended either from reward, favour, paſſion, or cowardiſe; onely let me adde, that, No errour in juſtice doth ſo directly flie to the throat, as reſpect of perſons doth: other do but lame her, but this gives her the deadly & mortall wound.

The ſecond point is, Obſtinate offenders are chiefly to be looked unto; Whoſoever will not, &c. This obſtinacy is indeed an Alecto in anothers likeneſſe, a meer mock-vertue, walking under the habit of conſtancy or fortitude, (as many other vices have their cloaks alſo) but we ſhall uncaſe him preſently. Theſe obſtinates be of two ſorts, Dogmaticall, and Practicall: the one in opinion, the other in life and converſation.

The Dogmaticall obſtinates are ſuch as erre in judgement: as Schiſmaticks led by a particular ſpirit, erring on the right hand; and Papiſts who are carried with conceit of the religion of their fathers and forefathers, and theſe erre on the left hand: both of them thinking themſelves conſtant, but are indeed obſtinate, as we know. To both I ſay with S. Paul, It is good to be zealous in a good thing. Galat. 4.18. But of theſe after in as fit a place.

The Practicall obſtinates are they we now have to deal withall. They who do not obey muſt have judgement; but it is a great and unſufferable increaſe of the fault, when men will not obey: for Non obedire ſhuts the doore, but Nolle obedire doth bolt and rampiere it up againſt all duty to God and the King. Such S.Rom. 1.30. Paul calls 〈 in non-Latin alphabet 〉 , haters of God, and hated of God:Acts 5.39. theſe be 〈 in non-Latin alphabet 〉 , ſuch as will not have God to reigne over them; like Pharaoh, who bluſters at Gods meſſage,Exod. 5.2. ſaying, Who is the Lord? not unlike the Thracians, who in thunder and lightning uſed by way of revenge to ſhoot ſhafts at Jupiter. They are deſcribed in Scripture to have words, thoughts, and lives, all peremptorily wicked. For their words, they are ſtout againſt the Lord, ſaying, Depart from us, &c. They ſet their mouth againſt heaven, Job. 21.14. Pſal. 73.9. and their tongue walketh throughout the earth. Pſal. 12.4. Our lips are our own; who is Lord over us? Their thoughts are no better, for they are haughty in their own conceit, therein making a fool of the whole world. As for their lives, they have a reſolution quidlibet audendi: tell them of death and hell; they are at a point for that, They have made a league with death,See Iſa. 28.18. and with hell they are at agreement: And as for counſel (the medicine of putrid mindes) either they will not be charmed, like the adder which, Caſſiodorus ſaith, ſtops one eare againſt the earth, the other with his tail; or if in any fit they give it the hearing, they take it by whiffes as they do tobacco, it's no ſooner in, but it's out with a puffe. In their ſoaring preſumptions they build Babels: but as they begin in pride, ſo they end in confuſion; for this obſtinacy in ſinning, is ever the puniſhment of cuſtome in ſinne, and is that which S. Paul calls the reprobate minde. Rom. 1. 8. Theſe are in reſpect of Gods and the Kings laws, very outlaws & lords of miſrule in a Commonwealth. The character of this obſtinate is this, or ſuch like; By birth he is a Gentleman, or at leaſt an heire of one who lived poore to leave him rich; he is brought up to nothing but to live upon his lands; for the moſt part he comes to his lands at one and twenty, and by that time, though young in yeares, yet is he old in wickedneſſe; by foure and twenty hath ſpent good part of his eſtate, and if poſsibly he can he will ſell his land twiſe or thriſe over; he never names God but to ſwear by him; he is a coyner or minter of new and execrable oaths; he fears not God, nor man, ſave Sergieants, and Baliffes; he hath already travelled through many priſons; he owes for clothes of ſix or ſeven ſeverall faſhions, yet he loſeth no rent, for he takes it all aforehand: he undoes his tenants by ſuretiſhip; for the young maſter, if he gets into an Inne, he comes not out till his horſe pay the reckoning, and there out of his window ſcoffes at thoſe who go to church; his diſcourſe is nothing but rayling upon, and diſgracing the better minded Juſtices, and other miniſters of juſtice; in every quarrell he is either principall or ſecond; he is a night-walker, and if he ſhould never be drunk, he would die for want of ſleep; where ever he comes he miſuſes the Conſtable, and beats the watch; he never comes in any publique aſſembly but a play, nor rides through a town without ſmoke at his noſe: but in proceſſe of time, his means ſpent, his credit crackt, his hopes forlorn, having nothing left of a Gentleman, but his long lock and his ſword, he had rather lack life then living, and either kills a man or takes a purſe, and is brought to the aſsiſes: Where if ye meet any ſuch, remember the charge, Whoſoever will not &c.

The third point is, Gods honour muſt firſt be provided for, The law of thy God &c. It's true, the charge proceeded from an heathen King, but not from an heathen ſpirit; and is recorded by the Spirit of God, to be a moving preſident, and authentick copy for all Kings to write after. Bleſſed be God, our King, when he gives this charge, alters the terms, and ſaith for Thy God, My God, and doth ſo charge it upon his Judges, and all inferiour miniſters of juſtice in their ſeverall orbs, that, Whoſoever will not obey the law of My God &c. Now if heathen Artaxerxes could ſtoop ſo low, as to let the law of Ezra's God go before his own: how much more (by a binding argument from the leſſe to the greater) will it be expected from all Kings who own him for their God? So that the naming Gods law before the Kings, is not bare complement, and for manners ſake onely; but for the naturall precedency thereof. And verily when God made all this world, and brought man not to the bare walls of it, but as the bee to the hive, even readie ſtockt and ſtored with variety of creatures, both for neceſſitie and delight, and placed order therein by his providence to keep the ſame in reparation, that as men have dominion over creatures, ſo ſome men are made Gods deputies to rule over men: all this was not to part with his glory to another, or to ſtand to the curteſie of others, to be at their carving and allowance for his honour; but that all men, even Kings, ſhould hold all of him in Capite, and do him homage for his goodneſſe, the Lord granting us indeed the good and ſweet of his favours, but as a rent or tribute, by way of acknowledgement, reſerving the honour of them to himſelf. Hence it is, that in Scripture whereſoever the Kings power is ſpoken of, there is alſo expreſſed, or at leaſt intimated, Gods ſupremacy. If Paul ſaith, Be obedient to higher powers, he addeth,Rom. 13.1. For they are of God. If Chriſt ſaith,Matt. 22.21. Give unto Ceſar that which is Ceſars, he alſo ſaith, Give to God that which is Gods. If Solomon ſaith, Honour the King, Prov. 24.21. he hath firſt ſaid, Fear God. And ſo here Artaxerxes premiſeth the law of God before the law of the King. Nay, if this be not ſo, what do ye here? do ye not come to heare Gods charge before ye ſhew the Kings commiſſion; as if that could not take place, till this had made way for it? Hence is it alſo that all good Kings and Magiſtrates in Scripture began their reigne and government with doing ſomething for God and religion, as is evident in Moſes, Joſhua, David, Solomon, and the reſt: and of famous memory was that of bleſſed Queen Eliſabeth, who firſt bound up that tender-babe the Church of England in the ſwathing band of reformation, before ſhe provided any thing for the eſtabliſhment of her own throne, by the ſubjects recognition of her title to the imperiall Crown. And for ſhame let not us give leſſe to God, then the heathen to their Idols, with whom A Jove princip um was a perpetuall rule, ever beginning all their ſolemne actions with ſacrifice to their gods. The Lord reſerved in the Old law as ſacred to himſelf, the firſt-fruits, and firſtlings in every kinde, teaching us in all things to ſerve God of the firſt, and beſt. And what is the Kings law without Gods? what is the Kings peace without Gods peace? outward proſperitie without religion? nay, peace is no peace without religion: unity without verity breeds not peace, but conſpiracie. Oh then let God be the Alpha and Omega of this ſacred action: let the beginning be with God, by his aſſiſtance, the ending for God, by providing for his honour.

Fourthly, The law of the King muſt alſo be freed from violation; And the Kings law &c. There be two ſorts offended with this clauſe. Firſt the Anabaptiſts, who cannot endure any law of magiſtracy: accounting all compelling and reſtraining government, plain tyrannie; ſhewing thereby their mutinous mindes, deſiring omnia complanare, to beat down all incloſure of magiſtracy, and to lay all levell and common: and then what could follow, but that every one would do what ſeemed good in his eyes, if there were no law of the King in Iſrael? Secondly the Papiſts, who though they can brook Kings & many of their laws, yet they cannot endure them ſo neare God and his law, but there muſt be room left between God and the King for the Pope, whom his flatterers call Vice-god, Monarch of the Chriſtian world, Defender of the Papall omnipotency. (oh blaſphemie!) And as for Emperours and Kings, they be but as the Moon, borrowing their light from him their Sunne; and are nothing but his vaſſals, to hold his ſtirrop, to lead his horſe, to carry his canopie, to hold his baſon when he waſheth, & to be depoſed or exalted at his pleaſure. But then let him take it with the appurtenances: He is Antichriſt for his labour, exalting himſelf, according to S. Pauls propheſie,2. Theſ. 2.4. 〈 in non-Latin alphabet 〉 , above all that is called God, as Kings are by God himſelf, Pſal. 82.6. But ask Tertullian; he tells us that Kings are homines a Deo ſecundi, & ſolo Deo minores, Next to God, and ſecond to none but God: and, as Chryſoſtom, 〈 in non-Latin alphabet 〉 , Kings have no peer upon earth, but are the top and head of all men. And ſo, for all Anabaptiſts and Papiſts, we affirm the fourth point, That next to Gods the Kings law muſt alſo be freed from violation. Thoſe whom God hath joyned together let no man put aſunder: ſuch are every where God and the King, God and Ceſar, Gods law and the Kings law: and indeed they be twins, to laugh and mourn, to live and (in ſome ſenſe) to die together. The Kings law doth clap a ſhore to Gods law; not that Gods law is in it ſelf weak and needs it, but becauſe men are not ſo well bred, as for conſcience or love of goodneſſe to obey, but are much ſwayed by temporall reward or puniſhment by mans law diſtributed or inflicted. If any ask whether the Kings law doth binde conſcience as Gods law doth; I anſwer, That Gods law is immediately ſeated upon the conſcience, mans law is ſeated upon the conſcience too, but mediately, and as it hath authority from Gods law: for God doth permit Kings to make laws as Kings do Corporations, and Colledges to make Conſtitutions, provided alwayes that they contain in them nothing contrary to a ſtatute law: So that though the Kings law doth challenge obedience, as Gods law doth, and gives as it were the ſame arms, yet (like a younger brother) it muſt be with diſtinction. If any ask further in what things the law of man hath power to command with ſtricteſt tie; I anſwer, That as Merchants ſometime ſuffer their ſervants in the time of their apprentiſhood, to trade for themſelves in ſome commodities, wherein they themſelves do not deal: So properly the law of man hath his principall ſtrength in things of their own nature indifferent; for theſe be neither commanded nor forbidden in Gods law: To conclude this point, The Kings law is the ſinew of all government, which to cut, is to ham-ſtring Church and Commonwealth; for it is better to live where nothing, then where every thing is lawfull.

In the next place, Juſtice in theſe caſes muſt have her due courſe, Let him have judgement &c. By this time Juſtice calls out to all her retinue, Judges, Juſtices, Jurours, &c. Is there any who will not obey &c? I charge you let him have judgement, whoſoever he be; and ſaith in Gods words, Thine eye ſhall not ſpare in judgement. And heare your charge, O ye Miniſters of juſtice: ſhe hath made you executours of her will, and hath bound you all by oath well and truely to perform it, ſo farre as Gods and the Kings law ſhall binde you: See then ye diſcharge and not deceive the truſt repoſed in you, leſt Church and Commonwealth, the orphanes whoſe guardians ye be, do loſe religion and peace, the legacies which ſhe hath bequeathed them. Judex, ſaith Iſidore, is jus-dicens: for the Judge is a ſpeaking law, and the law is a ſilent Judge. Verily the law is a dead letter till the Judge breaths the breath of life into it by execution, which is the edge and life of it. The law ſees nothing but by the eyes of the Judge, and Judges are the eyes of the Commonwealth: which if they be by any means put out, a State, though never ſo potent, is but like big-limbed Polyphemus, ready for ruine; or mighty Sampſon, pulling down all upon their heads, to their own and the ruine of all ingaged with them in the ſame condition. Cicero could ſay, that Impunitie is the greateſt breeder and nurſe of tranſgreſsion that may be: For to let malefactours go without judgement, either not at all or condignly puniſhing them, is but to ſtroke the offenders on the head, as Eli did with a Do no more ſo, my ſonnes, and ſo to give them and other after them a kinde of commiſſion to do the like. Take heed of a weak affectation of mercifull Judges, or mercifull Juries; take heed (I ſay) ye do not thereby encourage ſinne, and clap it on the back. Can that be mercy, which is unjuſt? The greateſt and moſt admired mercy that ever the world ſaw, even that whereby we muſt all live for ever, was it with neglect of juſtice? No: for Ecce benignitatem & ſeveritatem Dei may alſo to this great work be applied, it being hard to determine whether Gods adopted ſonnes found more mercy, or his naturall ſonne more ſeveritie. Bonis nocet qui malis parcit, ſaith Seneca; By ſparing one ye are injurious to many; for Chryſoſtom ſaith well, Dum parcebatur lupo, mactabatur grex, Spare the wolf, and the flock goes to wrack. What though the vulgar account you hard Judges? remember the anſwer of a King of Thrace to one telling him that (in regard of his ſeveritie) he played the mad-man and not the King, Oh, ſaith the King, this my madneſſe makes my ſubjects ſound and wiſe.

Execution muſt be ſpeedy, Without delay. Yet no more haſte then good ſpeed; mature deliberation muſt go before execution: nothing muſt be judged before the time; for that were not ſpeedy but raſh judgement, an evil in our private and petty carriages ſeverely forbidden, therefore much more in publique and weighty affairs. But when the way is made, and the offender convicted, then Judges muſt (like Almighty God) be ſwift witneſſes; for ſinne and puniſhment muſt ride both on one horſe, let him that hath done the work have his wages; for in criminall cauſes it is as crying a ſinne to detein it, as from the honeſt labourer: And this hath no leſſe place in perſonall cauſes between man and man, which if they hang long before a Judge, it is as a ſore long under a chirurgians hand, or a quartane ague, which is opprobrium medicorum.

Thus have I with your Honourable and Chriſtian an patience paſſed through the points propounded; I have waſhed and ſearched the wounds, and alſo prepared the plaiſter: Now give me leave, I beſeech you, to lay it on (as tenderly as I can) in a few words of Application: wherein I intend healing, not exaſperating; but if any ſore ſmart, it is becauſe it's feſtred or ranckled, not by any corroſive in the balm. And now what ſhall I do? ſhall I be ſilent and give in a verdict of Omnia bene? that's indeed the ſhorteſt cut, and ſafeſt way; but ſo ſhould I make all your ſinnes mine own: No, we muſt review every piece of the Text, and charge the ſame upon all the Miniſters of juſtice, great and ſmall, upon Judges the Kings eyes in their circuits, upon Juſtices the Judges eyes in their diviſions, upon Jurours who are the ſcales of juſtice to weigh all actions, and upon witneſſes who put theſe weights into the ſcales. But oh hard task, to rake in this kennell, to ſpeak of the many-headed vice in all theſe particulars, without diſlike from you, or check from mine own conſcience! ſo that I may ſay in Perſius his words, Oh, ſi fas dicere. Sed fas. Shall the ſtage in a play, and the Poet in a peal of Satyres deride your ſinnes with a prophane ſpirit? and ſhall the Spirit of God in the pulpit be confin'd? or muſt the Preacher ſtoop at pulpit-doore to take meaſure of his hearers feet? God forbid; I am ſent this day on Gods errand to you all; which if it ſhould not pleaſe, remember I beſeech you that I am but a poore meſſenger, and muſt do my meſſage at mine own perill. Firſt there muſt be no partiality in judgement. And give me leave, moſt Honoured Lords (leſt I ſhould commit a ſinne of partiality while I ſpeak againſt it) in the firſt place to addreſſe my ſelf to your Honours. I have an awfull and reverend reſpect of your places and perſons; yet remember, I beſeech you, that humilitie in eminency is a ſingular vertue, if (like the ſoaring eagle or towring hawk) the higher ye be, the leſſe ye ſeem: and I do well know your labours & pains are great: for magna fortuna, magna ſervitus: your difficulties alſo are more then we can imagine; you have the winde and ſtorms in your faces, when we be under the lee; and being fathers of the Commonwealth, do wake for us when we do ſleep. I meddle not with your employments of ſtate; they are out of my reach, I am no eaveſ-dreeper of ſtate; it is for me to obſerve the ground-winde, not the rack-winde; I keep me therefore within the compaſſe of my Text, and deſire your Honours ſeriouſly to ponder, that acceptation of perſons in judgement is a ſtinking abomination in the noſtrils of the Almighty, whether it be for reward, favour, paſſion, or cowardiſe. For the firſt, mine own breaſt doth clear your ſelves, that ye be not as thoſe Judges in Plutarch, who ever came to the judgement-ſeat, as to a golden harveſt, and I hope ye will as well look to the fingers of thoſe about you. Let it not be with you, as with many great ones, who are ſaid to allot no other wages or reward to their ſervants, but their avales of this nature: partiality for favour findes eaſier entrance then the former: but I beſeech you remember, that publick places afford not means of pleaſuring private friends, but follow that memorable example of Cleon, who being called to the government of the Commonwealth, aſſembled all his intimate friends, and diſclaimed all inward amity with them. And moſt truly ſaith Tully, He deprives himſelf of the office of a friend, who takes upon him the perſon of a Judge. Yet alſo take heed of the contrary, of being tranſported with anger: we uſe not troubled water till it be ſetled, we bring not a rough and unmannaged horſe to the turney; no more ſhould you unbridled affections to the judgement-ſeat; but when ye robe your bodies, ye ſhould alſo apparrell your mindes with calmed affections. I confeſſe there is an anger becoming a Judge, for one ſaith, Qui caret irâ, caret juſtitiâ, He who cannot be angry, cannot be juſt: but this is to be underſtood of that anger which whets courage, not of that which blindeth wiſedome.

As for fear, it's too baſe an humour to trapper juſtice, the over-fearfull man is but a piece of a man. Claudius (the firſt of the Ceſars) his mother was wont to ſay of him for his faint-heartedneſſe, that nature had begun, but not perfected him. The Egyptians had a law, that if great men ſhould command Judges againſt law, they ſhould refuſe it: and Trajan when he inveſted any Praetour by giving him the ſword, would command him to uſe it even againſt himſelf, in caſe he violated law or equity. Plutarch worthily reproves Ageſilaus for writing thus to one of his Judges in favour of an offender; Si inſons eſt, dimitte; ſin minùs, meâ cauſà dimitte: utcunque dimitte: If he be guiltleſſe, good reaſon he ſhould be diſcharged; if he be guilty, for my ſake diſcharge him: but guilty or not guilty, ſee he be diſcharged. But let your judgement-ſeats be (like Solomons throne) ſupported on both ſides with lions. Oh let Judges be abſolute and independent, not having their ſcantlings given them, and their ſentences moulded to their hands: for this is to be an apprentiſe, and not a maſter in the art.

In the next place I turn my ſpeech to the worſhipfull Juſtices, who are alſo Minores Dii, and the ſecond ſonnes of juſtice: Carry an even hand among your neighbours, help not to ſmother drunkenneſſe, baſterdy, or any wickedneſſe in any, though allied or linked in any relation; proſecute not a ſmall errour over eagerly in one, whereat ye connive in another: in a word, let there be no one ſit on our bench, in whom the countrey may obſerve that the baskets not walking, not giving worſhip, cap & knee enough, not coming in upon your carting daies, not ſaluting you on Newyeares day morning, or any ſuch mean reſpect, or other diſreſpect will incenſe you to whet the ſword of juſtice, and ſo to avenge your private conceits.

Now a word to the Jurours and witneſſes, & let it be ſpoken not onely to them who are ſo at this aſſiſes, but to all that have been before, or that may be hereafter: for I would fain for this ſhort Chriſtmas keep open houſe, and give every one ſomething. Let me therefore tell you Jurours, There muſt be no partiality in judgement: but when ye have heard the caſe opened, counſel ſpeak on both ſides, ye know the iſſue to be tried, ye have heard the proof on both ſides, then when ye go together ye have the ſcales of juſtice put into your hands to weigh the evidence, ye cannot but ſee which carries moſt weight, which ſcale goes up and which goes down: Now let not reward, liberall charges, or expectation of future kindeneſſes; let not favour, alliance, or neighbourhood, or any ſuch reſpect; let not anger or malice; let not fear or cowardiſe make the verdict: but for love of God, for love of juſtice, for love of your countrey, for love of your own ſouls do that is right without partiality. But have all Jurours done thus? or will all do thus? Oh no; for how frequent is it for a Jurour to be prepoſſeſſed of a cauſe, and to reſolve not to go againſt his neighbour, neighbours friend, his kinſman, his old maſters ſonne, his Lords tenant, and the like; thinking it but a ſmall courteſie and not to be denied, to lend one another an oath in ſuch caſes; and ſo againſt all right do bring in a verdict which makes the Judge amazed, the whole Court aſtoniſhed, and juſtice clean overturned; and all this by a Suffolk Jury, a place not civilized only, but noted for religion. But what doth ſuch a Jury? Firſt it tells a loud lie, for it's before all the County: next, they call God to witneſſe this lie by falſifying their oath; and as much as lies in them they make him a partie: beſides, they juſtifie the wicked and condemne the juſt: fourthly, they rob and perhaps undo the party againſt whom they go: laſtly (without Gods wonderfull mercy) they caſt away their own ſouls. Oh! what heart bleeds not to ſee ſouls thus thronging to hell by the dozens?

As for witneſſes, whoſe teſtimony makes the cauſe weighty or light, and who alſo binde themſelves ſolemnly by oath to ſpeak the truth, the whole truth, and nothing but the truth, (here's no evaſion) yet how common is it with ſome to be Knights of the poſt, for a ſmall reward to be able to frame an oath of any ſize? yea ſome will do it for a meales meat, and thus deeply tranſgreſſe for a morſell of bread: yea, for a need a man may finde ſome who will ſwear to things done before they were born. Others for favour and their friends will deſperately ſtretch their conſciences; but, if there be malice, one would wonder at their ſound tales againſt witches and other offenders, and how again they will mince the truth for fear of greatneſſe: but remember, a falſe witneſſe ſhall not go unpuniſht: for God either payes them at the ſtub, by ſhewing ſome ſpeciall judgement upon them; or, if it be deferred (without deep repentance) they have it with intereſt in hell for ever.

Gods honour and the Kings muſt be freed from violation: for I finde them together in the Text, and ſo I'le keep them in the Application. The ſturdy ſinnes and obſtinate vices of the times againſt Gods law and the Kings, are thoſe for whom juſtice at all hands calls for judgement. I pitch onely upon foure which I take to be the bleeding wounds and running ſores of this Kingdome; all forbidden by the law of God and the King: Theſe are Superſtitious Popery, Blaſphemous Swearing, Profane Sabbath-breaking, and Beaſtly drunkenneſſe. A word of each. Firſt, Popery violates the honour of God; it being inglorious to each Perſon in the Trinitie: to the Father, by attempting an Index expurgatorius upon the very Commandments of God, by raſing out the ſecond: to Chriſt, by ſetting up a company of miſerable ſaints for mediatours, and joyning works to his all-ſufficient ſacrifice: to the Holy Spirit, by making the Popes lewd holineſſe to be Chriſt his unerring vicar upon earth, as if Chriſt were Non-reſident from his Church, when he hath ſaid he will be with it to the end by his Spirit: It is alſo againſt the Kings law and honour; for it reacheth at his Crown, and (if the Catholick cauſe requires) at his life too, by ſetting ſome baſe villain for an Aſſaſſinate, to change his miſcreant life, for the ſacred life of Gods Anointed: and a King thus dead, by them dies an excommunicate and accurſed perſon; and the other an allowed and canonized Martyr. Now the profeſſours of this religion among us, be among the obſtinate offenders; for few of them will conferre, to be informed; they who will conferre, will not be convicted; or if they be by Scriptures and arguments convicted, yet will they not be convinced; and if I had them to ſpeak too, I ſhould have little hope to do them good: yet they ſhall give me leave to bemone their condition. Poore ſouls, (I ſpeak of our common ſeduced ones) they have no religion but that which is in Feofees hands: and in whoſe hands is it? The Italian proverb tells us, The worſt of Catholicks are Prieſts, the worſt of Prieſts are made Cardinals, the worſt of Cardinals made Pope. And the Pope thus bred, is the Feoffee in whom they betruſt all their religion: for they have no Faith but that of the Church, to beleeve as the Church beleeves (a ſhort cut to heaven indeed.) And who is this Church? is it not the Pope vertually, and that upon this conceit that he cannot erre? and yet ſome, nay moſt of theſe Popes have been Sodomites; and yet he cannot erre: all of them have been ambitious Symoniſts; and yet he cannot erre: Some have mixt poiſon with the Sacrament; (and ſo, if there were any ſuch thing as tranſubſtantiation, had poiſoned Chriſt himſelf) and yet he cannot erre: Some have been Hereticks condemned by their ſucceſſours; and yet he cannot erre: Some have been Sorcerers and Necromancers; and yet he cannot erre: He muſt not be reproved, though he ſhould carry millions of ſouls to hell; and yet he cannot erre: One was a woman; and yet he cannot erre: ſometimes there have been Popes and Antipopes together; and yet he cannot erre: ſometime none at all for divers yeares together; & then onely he could not erre. Behold your Religion, your Faith, your Church, your God in this your Pope, O Catholicks: Poore ſouls, who bear ſo great adventure in ſo leaking a bottom! If theſe things be ſo (and many here preſent know them undoubtedly to be ſo) may we not wonder that ſo many are ſeduced upon theſe grounds? but more, that this hereſie ſhould dayly gather ſtrength and number, and what the reaſon ſhould be of the increaſe of Popery? We have good laws againſt them, but they (like our arms) lie up and ruſt. What, do we not ſtill ſmell the gunpowder, beyond which is Terra incognita, no man knowing what is between it and hell? do we not know that for theſe ſixtie yeares and more, they have laboured of nothing ſo much as the undoing of their deareſt countrey, which bred and bare them? Bleſſed be God, we have the law in our hands: for had they it in theirs, their little finger would be heavier upon us, then our whole body is upon them. Judges complain for want of information: what, have the Juſtices none in their diviſions? or do their lands lie too neare together? ſome others complain, they have promoted, and nothing done. Well, I beſeech you, all joyn to put thoſe laws in execution: but (alas!) they are put rather to execution, like thoſe excellent proclamations againſt Prieſts and Jeſuites; which once proclaimed, no more is done, but to nail them to a poſt, and there they hang like malefactours. But remember, I beſeech you all, that Sarah and her ſonne can have no ſecuritie, unleſſe Hagar and her brat be beaten out of doores. Superſtitious Papiſts will not obey the law of God, nor the Kings law; therefore Let them have judgement without delay.

Secondly, Gods law and the Kings is violated by blaſphemous ſwearing. Our land hath mourned by plague, peſtilence, and famine; and why not for oaths? is there any thing dearer to God, then his name? hath he not ſet a penalty upon the breach of this commandment more then upon any other? and yet how ſavagely and barbarouſly is it kicked, ſpurned, toſſed, and blaſphemed by all ſorts, from Nobles to Peaſants! I ſee and obſerve that Noblemen and Gentlemen, give over any faſhion when it grows common: oh that they would give over ſwearing, ſeeing every clown and carter, every hoſtler and tapſter will ſwear compleatly. We know alſo the Kings law againſt this ſinne; but men will not ſee it executed, but will ſuffer that infamy put upon Gods name, that they will not endure in their own. What, my good name, ſaith every one? oh, you touch my free-hold: nay, men will not endure their Father, Maſter, or Friend to be touched in his name, but will draw their ſwords in the quarrell: and is not Gods name as deare to him, as thine to thee? or is not God more to thee, then Friend, Maſter, or Father? Suffer not then ſo great diſhonour done to his name; but carry every oath to the Juſtice, and let him pay his twelve pence, a petty penalty indeed for ſo great a ſinne, but yet if duely executed, I preſume by this time many great men had been reformed, or elſe ſworn out of all their living. But alas (ſay ſome) the Juſtices themſelves will ſwear ſometimes: Oh! ſay not ſo: what the keepers of the vines not to keep their own vines? to be the guardians of the Kings law, and themſelves to be breakers of it? I dare not entertain ſuch a thought of many of them: but if any do break this law, I charge him upon his oath to execute the law upon himſelf; ſeeing he never ſweares, but in the hearing of a Juſtice of peace. To end this point, I can never ſufficiently bewail the miſery of the preſent and ſucceeding generation, ſeeing now oaths do even ſtrive for number with words, and children in the ſtreets can no ſooner ſpeak then ſwear. To all ſwearers therefore I ſay, Why will ye hazard Gods threatned diſpleaſure for a ſinne ſo needleſſe, and yet ſo dangerous? To others I ſay, ſuffer none to vomit and belch out oaths in thy hearing, without penaltie of the Kings law. Blaſphemous ſwearers do violate Gods law and the Kings; therefore Let them have judgement without delay.

In the next place, Gods and the Kings law is broken by profane ſabbath-breaking: for God hath placed this commandment between the firſt and ſecond table, like the common ſenſe between the exteriour and interiour ſenſes, as being uſefull to both: for without it, pietie to God and charitie to man cannot be ſuch as they ſhould. Hence it is that God accounts the profaning his day, the everſion of all religion, as appeares in many places. We may conjecture what care man ought to have in the keeping, by the Lords care in the deliverie of it, for he ſent it not abroad naked, like many of the other commandments; but clothed it (as Joſeph) with a garment of divers colours: it is in words larger, in reaſons fuller then any of the reſt. Firſt, there is a Memento, for fear of forgetfullneſſe; Remember. Next, the bounty of God, for fear of repining; Six daies ſhalt thou &c. Thirdly, the ſoveraignty of it, for fear of contemning; It is the ſabbath of the Lord &c. Fourthly, the generality of it, for fear of miſapplication; Thou, and thy ſonne &c. Fifthly, the Lords example and benediction, for fear of exception. Thus you ſee it fortified with an high fence, that it might be made ſtrong for his own ſelf, & like mount Zion, not to be moved. We are not ignorant alſo of the Kings pious laws in force for the obſervation of it; yet in deſpite of both, in many places, how do people grudge to give God the ſeventh part of their life? at leaſt they will incroach a little, having ſome odde job or other to do on that day: nay, (alas) what marketting, what drinking and bowſing, what fidling and dauncing, and generally what profaning this day almoſt every where is to be ſeen? in ſomuch that this day brings forth more ſinne then any, (I think I may ſay) then all the dayes of the week: and if any Turk or Pagan ſhould come into many places among us, & ask the reaſon why we leave our work, and wear our beſt clothes on that day; and anſwer ſhould be made, We keep this day holy to our God: it were enough to make him forſwear Chriſtianity, or giving their names to that God, who is content to be ſerved on ſuch a faſhion. But ye know your charge, Let then profane ſabbath-breakers alſo have judgement without delay.

Laſtly, beaſtly drunkenneſſe is alſo againſt Gods and the Kings law.

Gods law every where pronounces woes againſt this ſinne, denouncing ruine to bodie, goods, and good name; yea by name excluding drunkards out of his kingdome. The truth is, a drunkard puts himſelf in the ready way to break every commandment; for when he ceaſeth to be himſelf, he is in a fair poſſibilitie to be any thing; for drunkenneſſe never goes alone, but is attended by the black guard of other ſinnes, as oaths, railings, mutinies, quarrells, fightings, murders, chambering, wantonneſſe, ribaldrie, adulteries, and what not? ſo that, in mine opinion, a man muſt firſt hood-winck his charitie, before it can lead him to beleeve a drunkard not to be every way vitious: and is it not a common plea with men of this rank, to excuſe theſe and other great ſinnes, by ſaying, they were not themſelves? Thus is it againſt Gods law.

The Kings law hath alſo wholeſomely provided againſt this overflowing ſinne, as we know; but yet (maugre them both) with what a deluge of drunkenneſſe is this land overflown? It is grown a ſickneſſe Epidemicall in court and countrey, city and town; yea our people are grown artificiall and exquiſite in this ſinne, to drink the three Outs, to drink by the dozen, by the yard, and by the buſhell; oh monſtrous, even in name! how much more in practiſe inſomuch that it ſeems to me, the Germanes are like to loſe their charter. In Rome there was a ſtreet called vicus ſobrius, becauſe there was never an alehouſe in it: I think there is ſcarce ſuch a ſtreet to be found in England. There is a ſtory in Athenaeus, which gives us a lively picture of the behaviour of drunkards at their meetings: The roaring boyes, meeting at an alehouſe, ſat by it drinking ſo long, till their brains were ſo ſteeped, that they imagined the room wherein they were to be a ſhip toſſed in the ſea, the fancied ſtorm ſtill increaſing as the cups emptied; ſo that at laſt they begin to fear ſhipwrack; wherefore to make the ſhip lighter they heave the pots, plate, furniture, and all that comes to hand out at the windows, as if it were over board: And thus do good-fellows at theſe meetings throw the houſe out at windows, and keep quarter, to the diſhonour of Gods and the Kings law; and yet the Juſtice is every where milde, & the drunkard merry: I beſeech your Honours therefore charge the Juſtices to abridge the exceſſive number of alehouſes, the ſhops of drunkenneſſe, and that they charge the Conſtables better to look to the demeanour of the reſt.

And if I may not be heard, let Juſtice ſpeak; ſhe ſaith thus, I have heard Popery, ſwearing, ſabbath-breaking, and drunkenneſſe, all convicted as diſhonourable to Gods and the Kings law; I charge you then, Let them have judgement; otherwiſe, I take you all guilty of the ſame offences, though not by committing, yet by conniving. It's true indeed, Every fat ſhall ſtand on its own bottom, that is, every one ſhall anſwer for his own ſinnes; yet take heed, leſt we miſtake the account of our own ſinnes; ſeeing thoſe are not to be reckoned our own onely, which are ſo by perpetration, but thoſe alſo which are ours by participation.

Juſtice calls alſo for expedition in judgement, and deſires that poore mens cauſes might firſt be heard, and not put off to the laſt, for they can worſt bear the charge of longer delay: but ſhe complains that the poore mans cauſe lies like the palſie-man at the pool of Betheſda, where the motion is not made but by an Angel, and ſo the ſtronger ſtep in before them.

I end with one word for my ſelf; in the nineteenth of Deuteronomie, at the fifth verſe, the Lord appointing cities of refuge for ſuch to flee unto, who had unawares killed his neighbour, doth inſtance in the hewer of wood: who (if while he is felling the tree, the head of the ax ſlippeth from the helve, and ſtriketh his neighbour, ſo that he dieth) ſhall flee to the next citie of refuge, and live: I have been hewing for the Lords ſanctuary, and felling down the huge trees of the ſinnes forenamed: if the head hath ſlipt from the helve, and hurt any; my next citie of refuge is your charitable conſtruction and favourable interpretation. And even ſo I commit you to God, to whoſe Majeſtie let us all pray, that this Aſſiſes may be much advantage; to the honour of Gods law and the Kings, Amen.

FINIS.