THE MAGISTRATES CHARTER EXAMINED, OR His Duty and Dignity opened. IN A Sermon Preached at an Assises, held at Sarum in the County of Wiltes, on the ninth day of March, last past, 1614.

By BARTHOLOMEVV PARSONS Batchelour in Diuinity, and Vicar of Collingborne Kingstone in the Diocesse of Sarum.

IOHN. 10.35.

Hee called them Gods vnto whom the Word of God came, and the Scripture cannot bee broken.

Et veniam pro laude peto, laudatus abundè,
Non fastiditus si tibi lector ero.
For praise thy pardon, Reader, I do craue,
Praised enough, if no disdaine I haue.

LONDON, Printed by NICHOLAS OKES, for MATHEVV LAVV, and are to bee sold at his Shop in Paules Church-yard, at the Signe of the Fox. 1616.

TO THE HONORA­BLE AND REVEREND IVDGES, Sir HENRY HOBART, Knight Baronet, Lord Chiefe Iustice of the Common Pleas; And Sir LAVRENCE TAN­FIELD Knight, Lord chiefe Baron of the Exchequer.

Honourable and chiefe Fathers,

WHEN the Gentiles besought, that those words of Exhortation, which Paul had spoken on a Sab­bath day, in the Synagogue of the Iewes, at Antiochia in Pisidia, might bee also Preached to them the next SabbathAct. 13.41.42, that voyce of the people of God (in whom Christ Iesus was now beginning to bee for­med) seemed to him and Barnabas, to be (as it was indeed) the voyce of God himselfe; and they gathe­red assuredly thereby (as Paul else-where, by the vi­sion of the man of Macedonia appearing to him, and praying him to come and helpe themActes 16.10. that the Lord had called them to Preach the Gospell to the [Page]Gentiles also, and that they [...] to them. In like sort hauing according to my to take measure, and in much infirmity of the flesh, Preached by voyce, this silly Sermon at an Assises, where your Honours were present and President: The frequent motions, and vehement perswasions of many, both of my brethren in the worke of the Ministery, and of the houshold of faith, are to me a sufficient war­rant, yea a diuine Calling, to Preach it againe by Writing, and thereby to helpe forward the building of the Body of Christ. For Ambo praedicant, hic quidem scripto ille voce Clemens Alex­andrinus lib. 1. Stromat., both of them Preach, one by Writing, the other by Voyce: And againe there, praedicandi scientia, &c. the skill of Preaching helpeth either way, whether it worke by the hand, or by the tongue.

Since then I haue resolued, not to let it perish in the Aire, and Houre, wherein it was vttered, but to giue it a little longer life by the Presse, and to thrust it abroad naked and vnfeathered, as it is, into the world; it being imboldened in the generall, by the vndoubted soundnesse in Religion, feruent zeale to the truth, resolute detestation of Popery, and graci­ous respect both of the causes and persons of Mini­sters in this vnhappy age, wherein the Tribe of Leui is so little respected: and in speciall, by your diligent attention when it was spoken, and fauou­rable approbation afterwards, presumeth to presse once againe into your presence, and become a Peti­tioner in formâ pauperis, for your honourable pro­tection. And because it would not seeme, sine rati­one [Page]one [...] the Realme, to plead for it selfe, [...] in this case, that, seeing it was first prameditated and vttered espe­cially to you, and for you (as being the highest Schol­lers in that Forme, whereof it was bold in the Lord to be an Instructor) it should be protected by you, be­ing yours in the first publication by speaking, it should not be made any others in the second, and more solemne diuulgation by writing. In the soundnesse of which plea it is so confident, that it assureth it selfe, that if a Iury were called in the cause, it would bring in a verdict for it. Now although it speak not with authorityMath. 7.29., in such sort as neuer any man spakeIohn 7.46., (that is the glory of a Maister, and cannot be giuen to the seruant) nay, although comming from him that is minimus Apostolorum, the least of the Apo­stles, it be not with Apollos, eloquent, mighty in the Scriptures, feruent in the SpiritAct. 18.25., with Iames and Iohn, a Boanerges, a son of ThunderMar. 3.16.17, to terrifie the aduersaries, and to cast down strong Holds, with Barnabas a son of consolationActes 2.36., to minister a word to the afflicted in due season, nor can with the Wise Men, present great gifts to ChristMath. 2.11., with Paul speak wisedome amongst the perfect1. Cor. 2.6: but rather with Mo­ses is of a slow tongue and speechExod. 4.10., with Ieremy, vnable to speakIer. 1.6. in the Language of Canaan, through ignorance of heauenly things, with Paul, not onely rude in speech2. Cor. 11.6., (as hee in a modest perswasion and profession, acknowledgeth himselfe) but also in know­ledge; with Zachaeus, scarcely of stature to see Ie­sus [Page] [...] Mary, must lay him in a Maunger for want of better roomeLuke 2.7.; yet it resteth in hope that the earthly Gods before whom it standeth, will bee followers of the most High God possessor of heauen and earth, be mer­cifull as hee is mercifull, in accepting according to that a man hath, and not according to that a man hath not 2. Cor. 8.12.. Which acceptation, if it may finde, like a bold beggar, that is gnauiter impudens, lu­stily impudent, it hath one suite more to tender vnto your Lordships, which is this; It is totus in hoc, spendeth its best strength and meditations to giue vnto Caesar, the things that are Caesars, to shew and set out, both the dignity and duty of Caesar, and of them that are sent of him: And it hum­bly beseecheth your Honours, in visceribus Iesu Christi, in the bowels of Iesus Christ, for a retalia­tion, euen to giue vnto God those things that are Gods. Now Saint Austin expounding those words saith, Caesari census, Decimae Deo August. Tom. 10. Homil. 48., Tribute to Caesar, Tithes to GOD. And the suites of Churchmen before the Tribunals, are as crying voyces, to tell you how Gods Coine is not onely clip­ped round by iniurious Prescriptions and Customes, (of which wee may iustly say, Ecclesiae Dei non debent habere talem consuerudinem, the Chur­ches of God should haue no such custome) but also false stamped by the counterfeiting Mint of Im­propriations, and giuen from him, and them, to whom hee hath giuen it, the sonnes of Leui, to such Tobiahs as from the beginning had no right [Page]to bee chambered in the Courts of the house of GodNeh. 13.5.: And the tooth of this sacriledge hath bitten so deepe, that wee are worse dealt withall in the diuision of Church goods, then the false mother would haue done in diuiding of the child betweene her and the true mother1. King. 3.26.; for shee would haue beene content with one halfe for her pretended right: but our Impro­priators being insatiable as the graue, haue deuou­red like the Caterpillars of Egypt, euery greene thingExod, 10.15., and like Saul, haue gotten to themselues the best of the Sheepe, and of the Oxen, and of the Fatlings, and of the Lambes, and all whatsoeuer is good1. Sam. 15.9., and haue left vnto vs nothing but that which is torne and lame, and sicke, not worth the taking vp in the streetesMal. 1.13., and as in the shaking of an Oliue Tree, two or three berries in the top of the vppermost boughesEsay 17.6.. Yea in many places is to bee found nothing so good allowance, as Michaes wa­ges to the Leuite, that should bee a Father and Priest to him, ten shekels of siluer, double apparell, and victualsIudg. 17.10.; nothing so much of our owne, as the Shunamite, out of her liberality, prouided for the Prophet Elisha, a Chamber, a Bed, a Table, a Stoole, and a Candlesticke2. King. 4.10.. Thus hath the Church fallen into the hands of ill aduised Phytisians, who by let­ting her bloud, as though shee had beene too pletho­ricke and full, haue brought her into the other ex­treme, euen into a Consumption. Howbeit this euill, though pernicious, is not so deadly, but that a Kings touch might cure it, and good Nehemiahs vnder him, might restituere in quem nos collocauit [Page]Deus, locum, [...] originall right, might both contend and [...] the tithes should bee paid to the proper owners, and not to the im­proper Alienators Nehem. 13.: There is Balme enough in Gi­lead yet, to cure this diseaseIer. 8.22.; And for our part, wee are not like to Babylon that would not bee hea­led when it mightIer. 51.9., wee would bee healed if wee might; And Prima pars sanitatis est, velle sanari, saith Seneca, it is the first point in healing, to bee willing to bee healed. Do then (Honourable Iud­ges) your seruice to Sion, if not in taking away these yoakes from her shoulders presently, yet, at least in making her burthen as light as may bee, and stopping the streame of these violent Customes, till God arise to haue mercy vpon her, and to restore her as at the first: And with good Nehemiah Nehem. 2.3., vse that authority and grace, which the good hand of our God being vpon you, hath giuen you with our Artaxerxes, to procure and obtaine, letters and de­crees, for the repairing of the ruines of the house of God: And assuredly, that God, before whom a cup of cold water, giuen to a Prophet, in the name of a Prophet, shall not passe vnregarded, or vnrewar­ded; will not wipe out the good deeds that you do for the house of God, and the offices thereofNeh. 13.14., but remember you for your good, send you helpe out of his Sanctuary, blesse you out of Sion, and visite you with the felicity of his chosen. But a indicious Fa­ther hath said, Negotiosissimum in republicâ virum non debemus — occupare proaemio August. Epist. 54., wee ought not to hold men of greatest imployments [Page]in the common-wealth with too long prefaces. I end therefore humbly crauing pardon of your Honours for my boldnesse, and heartily praying the father of lights, from whom euery good gift commeth, to giue his iudgements and his righteousnesse vnto you, that you may so iudge his people with righteousnesse, and his poore with iudgement, that after you haue serued the will of God in iudging these small and inferiour things, you may sit with Christ in his throne, to iudge the wicked world, and the euill Angels, in that day wherein all must appeare before his tribunall, to re­ceiue according to that which they haue done.

Your Honours in all Christian seruice, BARTHOLOMEVV PARSONS.

The Magistrates Charter examined.

PSALM. 82.6.

I haue said, Yee are Gods.

WHEN Paul and Barna­bas, not by their owne po­wer and holinesse, but in the name of Iesus Christ of Nazareth Act. 3.6.12., (as Beter & Iohn professe in a case of the same nature) had cured a man at Lystra, that was so creeple from his mothers wombe, the common multitude seeing the workes of God (for so our Sauiour calleth his Miracles, the workes of his Father Ioh. [...].57., and euen the Magi [...]ians of Pharaoh could finde [Page 2] the finger of God Exod. 18.19., in the miracles that Moses wrought) done by those that were found in the shape of men, cryed out in the errour of their iudgement, that Gods were come downe to them in the likenesse of men Acts 14.11., and were ready to haue gi­uen Gods glory to them, if their temeritie had not beene stopped by the others pietie. But when God the iudge of the whole earth Gen. 18.25 speaketh the word to the sonnes of men to exercise his iudge­ments, (for the iudgement is not mans but Gods, Deut. 1.17. not for man, but for the Lord 2. Chro. 19.6.) by his owne voyce in this Scripture, which cannot be broken, (for his honour is in particular giuen to this textIoh. 10.35.) as by an vnreuocable Patent, hee which calleth those things which be not, as though they were Rom. 4.17., (for quae­dam in scripturis dicuntur, & non sunt)Greg. Naz. lib 5. de Theologia. stileth them which must doe his worke, and be his vica­rij administrando, Vicars in gouerning Iunius in ver­sum 1. huius Psalmi., by his owne name, Gods, that they bearing his image and superscription (as it were) might be answe­rable to their Prototypon, be found followers of God in iudging vprightly; and that all al at are subiect to their tribunals, might both acknow­ledge and reuerence that Diuine [...], by which they are set in their sears.

Now these words, howsoeuer in the course of, and coherence of the Psalme, they are vttered & used not onely [...] by way of grant, but also and much more [...], by way of re­proofeIunius lib. 1▪ [...], opprobande gratia for to vpbraid themMus [...]utus in [...], and to prepare the way for the following com­mination, [Page 3] Ye shall die like men, yet (to speake in the vsuall language of this present time) they are in themselues a Patent, a Charter for the giuing and granting of an high honour and office, wherein are obuious to our consideration,

1. The Granter, (I) speaking in his Patent, as a Iacobus dei gratia, &c. sc [...]atis nos, &c.

Secondly, the Grantees (Yee.)

Thirdly, the honour and office giuen & gran­ted (are Gods.)

Fourthly, the confirmation and testification hereof (I haue said) being as a teste meipso: or an In cuius rei testimonium has literas fieri fecimus pa­tentes. If any will seeke a knot in a rush, & plead that there is no consideration here expressed. Why, on the Grantees part it cannot. Who hath first giuen vnto God Rom. 11.35.? On the Granters part, it is ex speciali gratia, what hath any man that hee hath not receiued 1. Cor. 4.7.? receiued by way of gift, not pur­chased by way of bargaine and sale. Secondly, that there is no time limited; why, it is altogether ad voluntatem domini, he putteth downe the migh­tie from their seat Luke 1.52., he remoueth kings and setteth vp kings Dan. 2.21., hee taketh their glory from them Dan. 5.20., and none can say vnto him, what dost thou Dan. 4.35.? Behold then, the highest honour, the weightiest office one of them that flesh and blond can be capable of passed here in a briefe, yet a full; in a short, yet a substantiall Charter, I haue said ye are Gods. Let vs then scan these in their order, and see what ca­ses may bee argued out of them, what consecta­ries [Page 4]may be deduced from them.

To begin first with the Granter, with whom e­uery well drawne Charter first beginneth: The Psalmist speaking in the name of God, in matorem rei fidem & certitudinem, bringeth in the person of God to speake his owne words, I haue.] For this (I) is that God that standeth in the congrega­tion of the mightie, that iudgeth amongst the Gods Verse 1., who is King of Kings, and Lord of Lords 1. Tim. 6.15.. The granter then is the most high, who ruleth in the Kingdomes of men, and giueth them to whomsoeuer he will Dan. 4.25. by whom Kings reigne, Princes rule, and no­bles and all the iudges of the earth Pro. 8.15.16., and who esta­blisheth Kings in the throne for euer Iob. 36.7.. This first clause then will affoord vs this ruled case in the law of God, That all Magistracie & ciuil power on earth hath his originall & authority immediatly frō the most high, whose dominion is an euerlasting do­minion, and whose kingdome is from generation to generation Dan. 4.34.: there is no power but of God Rom. 13.1., no po­wer, whether we distinguish them with Paul into Kings, the supreame Magistrates, and them that are in authoritie, their substitutes and deputies1. Tim. 2.2.: or with Peter, into Kings as supreame, and gouer­nors as them that are sent by them 1. Pet. 2.13.; but their tenure is in Capite, from the most high, God possessor of beauen and earth Gen. 14.19.. And that the wisedome of the spirit of God might the better meet with the fol­ly of the phanaticall spirit of an Anabaptist, which saith, Potestates sic à deo, &c Pareus in Rom. 13. that powers are so of God, as plagues, diseases and punish­ments [Page 5]are of God: it explaineth it selfe, and ex­presseth further how powers are of God, not as his rods and iudgements, but as his sacred ordi­nance: and the powers that be are ordained of God Rom. 13.1., wherein explicat quomodo dixerit, &c. Pareus ibidem hee decla­clareth how he hath said, that all powers are of God, not certainly as plagues, diseases, warres, and other mischiefes are sent of God, but as a wholesome order, which ordinarily may supply the stead, and represent the person of God in go­uerning of all men good and euill; whereupon the powers are not onely called by God the mi­nisters of God, but also Gods, which by no meanes can be spoken of Gods scourges. Nei­ther doth the spirit of truth, which led the A­postles into all truth, loqui pugnantia speake con­trarieties in the mouth of Peter, when it calleth the Magistrate an humane ordinance or crea­ture1. Pet. 2.13., for it is not in regard of the Authour, as if it were deuised by man, humanam ordinationem seu creationem vocat Apostolus Magistratū non cau­saliter, &c. Pareus in Rom. 13. The Apostle calleth the magistracy an humane ordinance or creature, not in regard of the cause, as though it were deuised by men; but in regard of the subiect, because it is borne by men, and in regard of the obiect, because it respecteth the gouernment of humane societie: and in regard of the end, because it is ordained of God for mans good. And the naming of it [...] there, creature, or creation, sheweth that Ma­gistracy is Gods worke, ordinance, who can [Page 6]onely create. Impossibile est quod alicui creaturae conueniat creare, saith Thomas Aquinas in another case.Thomas part. 1. quaest. 45. ar­tic. 3. It is impossible that power to create should be giuen to any creature. Therefore An­tiquitie maketh them to reigne onely by him, by whom they liue. Cuius iussu homines nascuntur, e­ius & iussu reges constituuntur Irenaeus lib. 5. aduersus haeres., saith Irenaeus, by whose appointment men are borne, by his ap­pointment kings are ordained. Inde illis potestas, vnde spiritus, Ter tul. in A­ologet. saith Tertullian o, thence haue they their power whence they haue their breath. And although corrupt intruding into the Magistracy be not of God, (as of Ieroboams getting the king­dome of Israel by his owne and the peoples rebellion against their lawfull king Rehoboam, God himselfe saith, They haue set vp kings, but not by me Hos. 8 4.) Although the wicked administration of rulers and gouernors, who turne iudgement in­to worme-wood, oppresse the innocent, defile their streetes with innocent bloud2 King. 21.16, and deliuer the holy and iust to be put to death (as Pilate did our SauiourActs. 3.14.) come not downe from the father of lights, (for what fellowship shall the throne of iniquitie which frameth mischiefe by a law, haue with him Psal. 94.20.?) but is of the corrupt will of man, and of the Diuell, from whom all committing of finne is1. Ioh. 3.8., (as our Sauiour calleth the comming of the high priests, the captaines of the Temple, and the Elders to apprehend him, the power of darknesse Luke 22.53.) yet the office & power it selfe, distin­guished and set apart from the abuse of the per­sons, [Page 7]is giuen from aboue, as in the same case our Sauiour telleth Pilate, that he could haue no power at all against him, except it were giuen him from a­boue Ioh. 19.10.. Deus ille foelicitatis author & dator, &c. (saith Saint Augustine August. lib. 4. de ciuit▪ dei. cap. 33.) God that is both the author and giver of happinesse, because he is the onely true God, giueth earthly kingdomes both to good and euill men. Potestas super omnes ho­mines dominorum meorum pietati coelitus data est, saith Gregory Greg. lib. 2. cap. 100. indict. 11. writing to Mauritius the Empe­rour, and Augusta the Empresse, Power ouer all men is giuen from heauen to my good Lord and Lady. And these Magistrates with whom God hath to deale here, abused their office in an high degree, as their sharpe reprehension sheweth; How long will yee iudge vniustly, and accept the per­sons of the wicked Vers. 2.. yet their power was from him, who hath all power in heauen and earth, their Tenure by his Charter vpon his owne con­fession here, I haue said. Videmus hic (saith Mus­culus Muscul. in Psalm. 82.) &c. Wee see here that there is no Ma­gistrate which is not of the will and word of God, neither can they that are wicked be excep­ted: for first of all he speaketh here not of god­ly, but of vngodly Magistrates. Againe, when he saith, all you, he manifestly includeth them all, that none can be exempted. If any one shall aske me here, Quis negat? Who denieth this? as hee that praised Hercules was asked, quis vituperauit? I could wish from my heart that there were no such root of bitternesse to be found, no tongue [Page 8]heard to speake against the Gods of the earth in this their right. But as Paul said in another case, There are many aduersaries 1. Cor. 16.9.. Cardinall Bellarmine so minceth the matter, that a man may easily see it is his meaning to bring the Magistrates necke vnder the Popes, or the peoples girdle, to make their crowns at the command of either, or both. Politica potestas (saith heBellar. de Lai­cis cap. 6.) the ciuill power being considered in the generall without descending in particular to Monarchy, Aristocracie, &c. is imme­diatly from God onely. Secondly, this power is im­mediatly in the whole multitude, as in the subiect. Thirdly, euery particular kinde of gouernement is of the law of Nations, for it dependeth on the consent of the multitude to set a king ouer them. Againe, his distinction betweene Kingdomes and the Popedome is, Regna non sunt, &c. kingdomes are not of the law of God, but of the law of nations, and therefore are changeable; but the Popedome is of the law of God, and cannot be changed Bellar. de Cle­ricis, cap. 28.. All which po­sitions put together, open the doore for other doctrines of the same Cardinall, which make ci­uill Magistrates, euen Kings the supreme 1. Pet. 2.13. Homa­gers both to people and Pope, and giue them both power to pull off their crownes, and cast them out of their Thrones, which yet are not theirs, but Gods, held from him, as Salomon is said to sit on the Lords Throne 1. Chr. 29.23.. For the peoples power herein, Non licet (saith heBellar. lib. 5. de sum. Pontif. cap. 7.) it is not law­full for Christians to tolerate a king that is an Infi­dell. Againe, Christians are not bound, nay they [Page 9]ought not to tolerate an infidell King with euident danger of religion. We see then, that the ciuill power, which is immediatly in the people, and but in the Magistrate precario, by curtesie from them, may, nay must be taken from Kings by the people in case of infidelity and heresie. For the Popes power herein, Papa potest, &c. The Pope may change kingdomes, and take them from one, and bestow them vpon another, as the chiefe spirituall Prince, if it be needfull for soules health Bellarm. lib. 5. de sum. Pontif. cap. 6.. Which power at least if it may stand but currant, it shall be hard if this great Physitian of their soules doe not finde some distemper in them, for which the bloud royall must be let out: But spectate impor­tunitatem beluae, see the vnreasonablenesse of the beast, because the Cardinall denied this power to the Pope ordinarily and directly as Pope, and gaue it him per obliquum ductum, extraordinarily and directly, in ordine ad spirituale bonum, in or­der to the spirituall good, as he is the chiefe spi­rituall Prince: Sixtus Quintus the Pope that then reigned, was so little pleased therewith, that Pa­rum abfuit, he missed but a little of abolishing all his workes by his Papall censure (saith Bar­claius Barclaius de potest. Papae.) as the Iesuits told me in good earnest: For that Pope in his Bull against Henry the third of France, roared out,Barcl. ibidem. Se supremam, &c. that hee had supreame authority ouer all Kings and Princes of the whole earth, and all people and nations, deli­uered vnto him, not by mans, but by Gods ordinance, and was tam animosus, so couragious, or rather [Page 10]outragious in shewing this power, that there was a thunder-bolt of excommunication made rea­dy vpon the string, and should haue beene shot off against the most Catholicke King, Philip of Spaine (who was haeresis in suo populo, in sua prole vltor Prefat. ad Lector. in Bar­claio., a punisher of heresie in his owne people, in his owne off-spring, and in whose soule hee could hardly finde any sicknesse of heresie) if Sixtus had not beene subita febre sublatus, taken out of the way with a sudden feuer, which how it came about, they that know the policies and poysonings of that generation, can easily ima­gine. And before him Gregory the seuenth in his execration against the Emperour Henry the fourth, chalengeth vnto himselfe absolute po­wer on earth, imperia, regna, &c. to take away, and giue Empires, Kingdomes, Soueraignties, and whatsoeuer mortall men can hauePlatina in vi­ta Henric. 7.. And being aduised to vse more mildnesse in his pro­ceedings, not so to throw downe Henry from all Imperiall and Royall administration, hee cryed out, When Christ committed his Church to Peter, and said, Feed my sheepe, (excepitne reges?) did hee except Kings? for depriuing and deposing are high poynts of feeding with them. And the Ca­non law maketh the Pope Regem, &c. King of Kings, and Lord of LordsExtrauag. Iob 22. titul. 14. de verb. sig. c. cum inter in glossa., which is Gods own stile. In it Popes contend, that Imperium subest sacerdotio, the Empery must bee subiect to the PriesthoodInnocent. 3. decret. 1. tit. 33. de Maiorit. that Romanus Pontifex, &c. the Pope hath both swords, and iudgeth all menBonifac. 8. extrau. de ma­iorit. cap. vnam sanctam., and rea­son [Page 11]for their direct superiority, in temporalibus, in all Temporall matters, not onely ouer the Christian, but also ouer the whole world, and the Gods thereof; Heere are two swords, therefore the Pope hath both swords: I haue set thee ouer Nations and Kingdomes, to roote out and to pull downe, &c. Ier. 1.10. therefore, the Pope is ouer King­domes, to pull them downe, translate and giue them to whom hee will. Christ hath all power in heauen and in earth Math. 28.18., therefore, the Pope his Vicar bath the like. And Antoninus applyeth that of the Psalme, Thou hast put all things vnder his feete Psal. 8.6., to the Pope, interpreting Sheepe, to be Christi­ans both Kings and Subiects; Scriptures scarce­ly so fitly alleaged, and expounded, as the deuill did the Text against our Sauiour. And one of them is bold to say, Non videretur, &c. Our Lord should not seeme to haue beene discreete (that I may speake with reuerence of him) Petr. Bertram in suis adddit. ad glassam extraua. vnam sanctam. vnlesse hee had left one such behind that could do all these things: Not much vnlike to that of Bellarmines, that if the Church had not this power to dispose of tem­porall things, and Kings, in ordine ad spiritualia, In order to spirituall things, it were not perfect and sufficient for it selfe in order to its owne good Bellar. lib. 5. de Rom. Pontif. cap. 7.. And for practise of this super-eminent power, Henry the sixth, and his Emperesse were crow­ned by the Pope, Holding the Crowne betweene his feete, and so setting it on their heads, and ha­uing thus Crowned the Emperour, hee stroke it off againe with his foote, to shew that he had power to [Page 12]depose him Houeden An­nales, pag. 689. Which if it be so, what validity is there in Gods Charter heere, How do Kings and Magistrates hold immediately from him, reigne by him, haue their power from him, if it may be giuen and taken away by the Pope? And must there not bee an Index ex purgatorius, to wipe out the sentences of Antiquity that sound to the contrary, maintaine that earthly Gods hold of none but the heauenly, are inferiour to none but him, to be iudged by none but him? Colimus Imperatorem (saith Tertullian Tertul. ad Scapulam lib. 2.) Wee honour the Emperour as a man next vnto God, and recei­uing from God whatsoeuer hee hath: Super im­peratorem (saith Optatus Optatus lib. 3. contra Parme­nianum.) Aboue the Emperour there is none but God onely, who hath made the Emperour. And how shall, Tibi soli pecc [...]ui, Against thee onely haue I sinned Psalm. 50.4., scape the Index, if the Magistrate stand at the Popes iudgement seate, and must there be iudged? Soli Reges, &c. Kings alone,Otto Frisin­gens. in Epist. ad Frederic. Oeno­barb. being reserued for Gods exami­nation, are not brideled by any worldly Lawes: whence commeth that saying as well of a King, as a Prophet; Against thee onely haue I sinned; that is, as Euthymius expoundeth it, Rex sum, &c. I am a King, Lord of all other, and haue thee onely for a Iudge of the faults that I commit. But as for this transcendent power which the Pope assumeth ouer all Kings and Princes, which hold their Crowne and Scepter, Autho­rity and Power, onely from God, whether hee challenge it directly, or indirectly (the diffe­rence [Page 13]betweene which, is, in via & modo, non in vi & efficacia Barclaius 236, in the way and manner, not in the force and efficacie.) Let all that feare God, and honour their Kings, pray that it may proue (that which one of his owne side feareth) A Seiani equus qui proprios Dominos peruertit Barclaius in Epist. dedicat. ad Clement. 8.: A Seianus horse which ouerthrew his owne Maisters; and that it may stirre vp the Kings of the earth to hate the whore of Babylon, to make her desolate and na­ked, and to pull her flesh Reu. 17.17..

I said before, that there were many aduer­saries which infringer this Charter: The Magi­strates immediate power from God is crucifyed betweene theeues on the other side also: Those factious Statists, who very vnnaturally diuide this power betweene God and the people, as the childe betweene the two mothers; and teach, that a King is instituted of God, constituted of the people; The Kingdome is giuen him of God, deliuered him of the people; That hee reigneth from God, but by, and for the people; Is chosen of God, confirmed of the people Vindicie con­tra tyrannos.: For these Distinctions speake halfe in the Language of the Iewes, halfe in the Lan­guage of Ashdod Neb. 13.23.; Halfe soundly, halfe sediti­ously; For, The most High appointeth whomsoeuer hee will ouer the Kingdomes of men Dan. 5.21.: Christianus scit (saith Tertullian Tertul. ad Scapulam.) The Christian knoweth that the Emperour is constituted of God, there is his constitution from God, as well as his insti­tution, and the deliuerance and seisin, is from God, as well as the gift, Trado, I deliuer all these [Page 14]Countries into the hands of Nebuchadnezzar my seruant Ier. 27.6., Their raigning is as well by God as from God: By mee, saith the TextProu. 8.15., their con­firmation from him, as well as their election: God did not onely choose, but also make Dauid King:1. Chr. 28 4. Hee annointeth him with his holy oyle Psal. 89.20., and setteth a Crowne of pure gold on his head Psal. 21.3.. These distinctions then are but peruerse dispu­tings of men of corrupt minds, and destitute of the truth: There is no copercener with God the Grantor heere; It is not I, and the Pope; nor, I, and the people; but, I haue said, onely the powers that be, are of God, and of him onely. That I haue beene so long in pleading this immediate power from God out of this clause of the Charter, I may say to these times that both teach and doe against this, as Paul to the Corinthians in ano­ther case, Yee haue compelled mee 2. Cor. 12.11.

The next clause to be scanned in this Charter heere, is the Grantees; for these two are cor­relates, and depend one vpon the other; one of thē cannot be without the other, no Grantor, but with reference to a Grantee, Yee are.] Now these, [Yee] are not onely Principalities Titus 3.1., the highest Magistrates, the supreme 1. Pet. 2.13., but also subordinate Powers, Titus 3.1., those that are sent of them 1. Pet. 2.13.: For Prin­ces must haue many eyes to see withall, many hands to worke withallXenophon in Cyropadia., they being not able to beare their whole people alone Num. 11.14., nor their cumbrance and strife Deut. 1.12., must haue subordinate Rulers, that must beare the burthen with them; For so God orde­reth [Page 15]the matter for Moses ease, and the peoples necessityNum. 11.17.; So hee commandeth that Iudgee and Officers should bee made in all their gates, which the Lord their God should giue them through­out all their Tribes Deut. 16.18.; And so accordingly Ieho­shaphat practised, Setting Iudges in the Land, through all the fenced Cities of Iudah, Citie by Citie 2. Chro. 19.5.. And as they are called, In partem sollici­tudinis, to part of the burthen and care; so God vouchsafeth them heere, Partem honoris, part of the honour, and ioyneth them Patentees heere together, giuing to these subordinate Rulers and Iudges (for to them particularly doth this word of God here comeIohn 10.35.) his Name, his Office, his Seate, the execution of iudgement in his steadDeut. 1.17.: For as that precious ointment, powred on Aarons head, ran downe to his beard, and thence to the skirts of his garmentPsal. 133.2.: So that sacred an­nointing vnto Soueraignety and Gouernement, which is by God himselfe powred on the highest Magistrate (who is the head not onely of the peoplePsal. 18.43., but also of all eiuill power) is deriued, and runneth downe from him vpon them that are his eyes and hands, for the executing of iudgement and iustice within all his Coasts: And now we know in a word, who these Grantees are, let vs hasten to the next clause, as being most materiall, most pertinent to this time and occa­sion, which is the grant it selfe, the Honour and Office heere giuen and granted, Yee are Gods.]

But how Gods, if but one God 1. Tim. 2.5.? If Hee bee [Page 16]alone; and none other beside him Deut. 32.12.? How Gods in our estimation, if to vs there must be but one God 1. Cor. 8.6.? Assuredly, these are not [...], such things as cannot well stand together; for they may well stand together, and God loose none of his ho­nour. Moses that taught the Israelites to acknow­ledge one GodDeut. 6.4., against the [...], the many Gods of the Heathen, biddeth them that in all mat­ters of trespasse, both parties come before the Elohim, the Gods, the Magistrates Exod. 22.9.. They are Gods then, not by nature, but by name; Dij ti­t [...]lares, called Gods: They are, as Musculus saith, Non natura Dij, &c. Musculus in Psal. 82. Not Gods by Nature, but for their authority to rule and iudge, the Maiestie and dignitie whereof hath verily some Diuine thing in it: Gods, because they are Dei Vicarij & Officiarij, &c. Gods Vicars and Officers Molerus in Psal. 82., that in his name they might administer iudgement amongst men; or as Caluin morefully and fi [...]ly, because they do, Omnino Dei personam sustinere, cuius vices quodammodo agunt Caluin Instit. lib. 4. cap. 20. Sect. 4.; Altogether represent the person of God, whose Vicegerents after a sort they are: And not onely so neither, but there is a further matter in it; Gods, because God put­teth his spirit vpon them, as vpon the seuentie Elders that were Moses assistantsNum. 11.17., giueth them another heart, as hee did Saul 1. Sam. 10.9., and furnisheth them with worthy and pec [...]ar gifts of Regi­ment and Gouernment, that so as they are [...] Gods Ministers Rom. 13.4., So they might striue also to be [...] liuely images of God Platarch., In ipso iu­dicandi [Page 17]munere (as Musculus speakethMusc. vbi supra.) in the ve­ry office of iudging;—For their singular wisedome, iustice, equity and power. Heere then is both an Honour and an Office conueied to them in this grant, both Honos and Onus, both praeesse and prodesse, both Dignity and Duty. Their Honour to bee Gods Lieutenants, represent his Person, sit in his Seate, iudge in his Name; Their Office to be Gods Images, answerable to their Prototypon, excuting his iudgement, as hee himselfe would do; and so Iustine Martyr glosseth the words, [...], &c. I haue giuen you mine Honour and mine Office, and my Name, therefore iudge the people, as if I my selfe did iudge. To speak briefly both of this Honour and Office where­with God doth inuest them:

First, the Honour that God here giueth them, to carry his Name, to represent his Person, to bee his [...] Officers, is like a Memento, as the voyce of a Cryer, to sound out wholesome ad­monitions and instructions, either to them­selues, or to others: To themselues, aurem vellit & admonet, it pulleth them by the eare and ad­monisheth them, that being Gods Lieutenants, Vicegerents, they must one day come to their Redde Rationem, giue an account Luke 16.4; That the great King of Heauen will in his due time come, and take an account of these his seruantsMat. 18.23. & 25.19., and will iudge them ouer againe, and their iudgement also, either to ratifie, or disanull, that which they haue done; yea, and that being Gods Stewards, [Page 18]the more freely that they may worke their will heere, the more sharpely shall they make their account there: E [...] erit horribilius, quò prae caeteris peccare possunt liberius (saith oneOtto Frisi [...] ­gens. in Epist. ad Frederic. Oene­barb.:) It shall bee so much the more terrible for them, by how much they may sinne more freely then other men: Asharpe iudgement shall bee to them that are in high places, a sore triall shall come vpon the mighty Wisd. 6.5.8..

Regum timendorum in proprios greges, Reges in ipsos imperium est Dei
Horat. lib. 3. Ode 1.
.
Of Princes their owne Subiects stand in feare,
But ouer them 'tis God that rule doth beare.

To others, either to all, at all times; or to some, at some speciall times and occasions: To all at all times, heere is an instruction of subiection: For it is a plaine inference of the Apostle, that since hee is the minister of God, representing his Person in iudgement, ministring iudgement in his name and place, therefore of necessity yee must be subiect Rom. 13.4.5. yee, euery soule, as in the first verse there; not onely Seculars, but etiam si Apostolus, &c. Chrysost. in Rom. 13.: Although thou be an Apostle, if an Enangelist, if a Prophet, or whosoeuer thou art. Si omnis ani­mae, &c. (saithBern. epist. 42. Bernard) if euery soule, then yours also; who hath excepted you from this vniuersali­ry? if any labor to except you, he doth indeuor to deceiue you. And as euery soule, so to euery ordi­nance [Page 19]of man, must this subiection bee for the Lords sake, not onely to Kings the highest, but to Gouernors and Rulers also that are sent of them, 1. Pet. 2.13.14 yea, euery soule, to euery power, at all times: when they command good, by suffering their will to be done by vs: when they command euill, by suffering their will to be done on vs, in bearing their scourges patiently, for that which we can­not doe lawfully; euen as seruants must be sub­iect, not onely to good and gentle Maisters, but al­so to froward for conscience toward God suffering wrongfully 1. Pet. 2.18.19. For that this was the subiection of Antiquitie: take one instance for all: Iulian was infidelis Imperator, &c. (saith Austen Aug. in Psalm. 124.) an infidell Emperour, an Apostata, wicked, an idolater: yet the Christian souldiers serued the infidell Emperour. When they came to Christs cause they acknowledged none but him that was in heauen: when hee would haue them to worship Idols, burne incense, they pre­ferred God before him. But when hee said, bring forth the Army, go against such a nation, presently they obeyed: They did distinguish their eternall Lord from their temporall Lord, and yet for their e­ternal Lords sake, they were subiect also to their tem­porall Lord. Whereby we may see what to iudge of Bellarmines diuinitie when he saith, Quod si Christiani olim, &c. Bellar. lib. 5. de Rom. Pont. cap. 7. But if Christians heretofore did not depose Nero, and Dioclesian, and Iulian the Apostata, &c. it was because they lacked temporall strength: the one saith, they were subiect for their eternall Lords sake: the other, they were subiect, [Page 20]did not depose for want of temporall strength. A­gaine, here is admonition for some speciall per­sons, at such speciall times as these are, for actors that commence suits, for Aduocates and Law­yers that plead and prosecute matters, for wit­nesses that are to testifie and giue in euidence, and for Iuries that are to bring in verdicts, to carry themselues as in the presence of God, to doe nothing before Gods Lieuetenants, which they would not doe before God himselfe, whose the iudgement is, and who standeth amongst the Magistrates, and iudgeth amongst them, as in the first verse. Art thou then an Actor, one that hath businesse against thy brother? bring not a friuolous suit not worthy of Gods cognisance, to his iudgement seate. Non vacat exiguis rebus adesse Ioui: Iupiter is not at leasure to attend on small matters, is a good rule here, it is not fit the Magistrate should be pestered with such petty matters, and it were well if Iudges would take Gallioes courseActs 18.16., driue such Actors and actions from the iudgement seate. And if not a friuo­lous, much lesse an iniurious suit. For wouldst thou haue him a patron of thine iniquity, the ha­bitation of whose seat is equitie an iustice Psal. 89.14., the scep­ter of whose kingdom is a scepter of righteousnesse Heb. 1.8.? Wouldst thou haue the iudge of the whole earth deale vnrighteously in thy particular? Art thou an Aduocate to plead and prosecute matters? consider that thou standest before the God of truth, & shouldst do nothing against the truth2. Cor. [...]., [Page 21]that thou shouldst not nimium altereando, by too much wrangling with thine opposite, endeuour as the old Greeke Sophisters were wont, [...], to make the worse side the better; not bee like that Rhetoritian that could Mirificè res exi­guas verbis amplifie are Eras. Apotheg. in Agesilao., wonderfully amplifie small matters with his words, whom Agesilaus thought no more commendable for it, then the Shooe maker that made great shooes for little feet; but rather that thou shouldst with Iob in the gate be an eye to the blinde, that cannot see their right, a mouth to the dumbe, that cannot tell their owne tale, and feete to the lame, that want actiuitie to follow their owne causes. Take not then a knowne, manifest cuill cause in hand, Iu­stus aduocatus à nullo iniustas caus as accipit Greg in Ezek. A iust Aduocate will not retaine vniust causes of any one. Be not as those Aduocates of the Romish Court, of whom Bernard complainedBern. de consi­derat. lib. cap. 9., Hi sunt &c. These are they that haue taught their tongues to speake lies, glib-tongued against righteousnesse, skil­full to defend falshood, wise to doe euill, eloquent to oppugne the truth. Art thou a witnesse to testifie a. truth, to giue in euidence? remember that the iudgement is his whose wayes are truth, who is God that cannot lie Tit. 1.2., who hateth a false witnesse that speaketh lies Pro. 6.19., and that if thou lie herein, thou liest to God, not to man. Acts 5.4.. Let not Sathan then be a lying, a false spirit in thy mouth 1. King. 22.22.; wrest no mans words from his meaning, as the false wit­nesses did our SauioursMath. 26.60., much lesse rise not vp [Page 22]a false witnesse to lay to any mans charge things that he neuer did Psalm. 35.11.. Serue not any Iesabels turne, to betray the life or liuelyhood of any Naboth 1. King. 21.10. An heathen manPericles apud Gellium, lib. 1. cap. 3. being intreated to sweare fals­ly for his friend, could answere that his friend­ship held but vs (que) ad aras, vnto the Altars. Binde not three sins, periury, false testimony, and iniurie together: for testis falsiàicus est tribus personis ob­noxius (faith Isidore Isidorus de summo bono. lib. 3.) A false witnesse is faultie a­gainst three persons: first God, whom by forswearing he contemneth; next, the Iudge, whom by lying hee deceiueth; lastly, the Innocent, whom by false wit­nessing he hurteth. If thou dost, God will come as a swift witnesse (and a Iudge too) against thee Mal. 3.5., and thou shalt not escape his punishment. A false witnesse shall not be vnpunished, and hee that speaketh lies shall not escape Prou. 19.5..

Is thy seruice vsed at this time as a Iuror? Let it be thy care then, and thy conscience too, to doe it, not onely with eye-seruice, as a man-plea­ser, but in singlenesse of heart, fearing God Coloss. 2.23., to doe it heartily, not vnto men, but vnto the Lord, before whose iudgement seate thou standest, in in whose prefence this work, this imployment is put vpon thee. On thee hangeth the making & marring of other mens causes, the punishing or acquitting of Felons, Mutherers, and such ca­pitall offenders. And that thou shouldst be faith­full and sincere herein, thou hast an oath to bind thee, euidence to informe thee, a charge to warne thee, and a Iudge aboue thee to correct [Page 23]thine errors. Call not then euill good, nor good euill, little great, nor great little. Know that a ver­dict commeth of verum dicere, speaking the truth, it is a falsedict if thou do falsum dicere, speake that which is false. Straine not out gnats then, neither swallow downe Camels, binde not heauy bur­thens, but proportion thy verdicts according to the equitie of Gods law, which is, That the stripes be according to the fault Deut. 25.2.: that as a man hath done & deserued, so it should be done to him, like for like Leuit. 24.19.. Giue not occasion that it should be a by-word in our Israel, that by two wicked, and ten weak per­sons in a Iury, many a good cause hath the foile. And especially, let not foolish pity preuaile with thee for the acquitting of wilfull & wicked mur­therers, that now-a-dayes spill mens pretious bloud like water on euery side. For if it were not commendable in the Mid-wiues of Egypt to lie for the sauing of innocent infantsExod. 1., it is abhomi­nable in thee to bring in a lying verdict (if it could be a verdict) for the freeing of bloudy mis­creants. Homicidas punire, nō est effusio sanguinis, sed legū ministerium Hieron. in E­zek. lib. 4.: to punish murtherers, is no shed­ding of bloud, but an executing of the lawes. Non est crudelis, qui crudeles iugulat Hieron. in I­sai. 13.. He is not cruell wch slayeth the cruell. Search diligently therefore into such weightie causes, and bee not rash with thy mouth to say Sibboleth for Shibboleth Iudg. 12.6., man­slaughter for wilful murther, which defileth a land, so that it cannot be cleansed of the bloud that is shed therin, but by the bloud of him that shed it Num. 35.33.. For al­though [Page 24]our Lawes be so fauourable, to distin­guish betweene hot bloud and cold bloud, be­tweene suddaine rage and fore-thought malice; yet Gods law onely pardoneth that which is ca­sually and ignorantly doneDeut. 19.4. Num. 35.22. &c., and euer punisheth with death that which is wittingly and willingly done, whether vpon suddaine passion, or longer premeditationNum. 35.16.22., and commandeth that such be fetched out of the Citty of refuge Deut. 19 12., yea, that they be pulled from Gods Altar, that they may die Exod. 21.14.. And sure I am, that Pittacus, and heathen Law-giuerArist. lib. 2. polit. cap. vltimo., ordained, that if a drunken man (which hath lesse vse of reason then one in a suddaine rage) should smite another, hee should suffer double as much punishment as if he had done the same being so­ber. Let not thine eye spare therefore, neither haue pitty of such; and for thy full charge and direction in all matters that come to thine hand­ling and hammering, remember, that he that iu­stifieth the wicked, and he that condemneth the iust, euen they both are an abhomination to the Lord Prou. 17.15..

But as beneficium postulat officium: so their honos bringeth an onus with it, their dignity a duty; the honor that God here giueth them to be his vice­gerents, to carry his name, and to represent his person, claimeth a correspondent duty on their parts, to be his Antitypa, fashioning themselues like to him their type and samplar, to be his [...], Images, imitating and expressing in their seuerall orbes and iurisdictions, the wisdome, iustice, ele­mency, & power, wherewith he being the Iudge [Page 25]of the whole world, gouerneth and iudgeth the vniuersall. And here were a large field, but adum­brata, non expressa dabo Hieron in epi­taphio Nepot., I will giue thee but little mappes of the whole.

First then, the high God their samplar for go­uernment and iudgment, is infinite in wisdome Psal. 147.5.: wisedome is his, whereby he reuealeth the deepe and secret things, and knoweth what is in the darknes Dan, 2.20.22., no mans wayes can be hid from him, because his vn­derstanding is past searching Esay 40.27.28.: None can hide him­selfe in secret places, that he should not find him out Ier. 23.24.. And the petty Gods of the earth must be wise in discerning betweene bloud and bloud, betweene plea and plea, betweene stroke and stroke, be­tweene all controuersies in the gate; they must be as Angels of God to discerne betweene good and euill2. Sam. 14.17. It is a geneall rule holding in all pro­fessions, that Quam quis (que) norit artem, exerceat: E­uery one must onely exercise that trade wherein hee hath skill. Therfore Salomon at his first comming to sit on the throne of Israel, prayeth for an vn­derstanding heart, to iudge the people, to discerne be­tweene good and bad 1. King. 3.9.. The ignorance of the Iudge is the misery of the innocent: Ignorantia indicis, cala­mitas innocentis (saith Austine August. li. 29. de ciuit. Dei..) Pergin istuc pri­us dijuidicare Terent. in Hea [...]tont. quam scis quid veri sit, could the Comick say, Goest thou about to iudge this matter before thou knowest what the truth is? And for helpes and props of their wisdome herein, they must first heare euery cause (for doth our law iudge any man before it heare him, & know what he doth Ioh. 7.51.? [Page 26](saith Nicodemus) & that not dormitabundè, halfe a sleep, as Philip of Macedon, (who by that meanes gaue wrong sentence, so that the party wronged was compelled to appeale from Philip sleeping, to Philip waking)Plutarch. in Apotheg. reg. but throughly, exactly, as A­lexander the great, who stopped one eare to the Plaintiffe, saying, he kept it for the DefendantPlutarch., [...], saith the Poet.

See that thou iudge no cause in hand,
Before boths talke thou vnderstand.

Otherwise,

Qui statuit aliquid, parte inaudita altera,
Aequum licet statuerit, haud aequis fuerit
Seneca in Me­dea.
.
Leauing one side vnheard, who doth decree,
Is sure vniust though iust has iudgement bee.

It is not the manner of the Romans (saith Festus Act. 25.15.) to deliuer any man to die, before that he which is ac­cused haue the accusers face to face, and haue licence to answere for himselfe concerning the crime laid a­gainst him. Secondly, they must vse all good meanes to bee informed aright, Enquire, make search, and aske diligently Deut. 13.14.: the Iudges shall make diligent inquisition Deut. 19.18..

Another property of the high God, which the Gods and Iudges of the earth must imitate, is his Iustice: Hee, the Iudge of the whole earth, will do right Gen. 18.25., his iudgement is [...], a righ­teous iudgement Rom. 2.5. and hee himselfe is: [...] that righteour Iudge 2. Tim. 4.8.. This is their patterne, and their profession must be with Dauid, When I shall receiue the Congregation, I will iudge vprightly Psal. 75.2.: [Page 27]Their prayer as his, for his sonne, Giue the King thy iudgements ô God, and thy righteousnesse vnto the King sonne Psal. 72.1.: Moses the high Magistrate in Israel, chargeth the vnder Magistrates, to do none vnrighteousnesse in iudgement Leu. 19.15., to iudge righte­ously betweene a man and his brother: Deut. 1.16.: And with­out this, Princes and Iudges are companions of Theeues Esay 1.23.; Remota iustitia, quid sunt Regna, nisi mag­na latrocinia Augu stin. l. 4 de ci. Dei. cap. 4, take away iustice, and what are king­domes but great Robberies. Of this, the Scepter, the Mase that is carryed before them, is an Hiero­glyphicke, [...](saith Basil Basilius in Psal. 45.) The Scepter carryeth a kind of instruction with it; the streight rod putting them in minde to shunne all crooked, and peruerse iudgement. And that they may keepe themselues farre from all iniustice Exod. 23.7., they must auoyd the by-pathes either of bribes, or of affections. Of bribes, not onely not taking giftsExod. 23.8., and so cleansing their hands (for which cause Antiquity painted Iudges withouthandsStob [...]us serm. 44.) but also hating couetousnesse Exod. 18.23., and so purging their hearts. And which some happily would thinke tolerable, Qui recte iudicat, &c. (saith Isidore Isidor. lib. 3. summo bone.) Hee that iudgeth rightly, and for that looketh for a re­ward of recompence is a trespasser against God, be­cause for money receiued he selleth righteousnesse, which he ought to bestow freely. Of affections, do­ing nothing for respect of persons (for which cause in old time, obducto velo iudicabant, they iudged hauing a veyle ouer them Muscul. in Psal. 82., and the bare cau­ses were iudged without any mention of the per­sons [Page 28] [...]em in Psal. 45.) putting of all affections of feare, which will make them loath to displease; of loue, which will make them ready to please; of hatred, which will make them ready to reuenge: For Perit omne iudicium, cum res transit in affectum Senec.: Iudgement is quite vndone, when the matter is caried by affection. Exuit personam, &c. He putteth off the person of a Iudge, that putteth on the person of a friend, saith Tully, or of an enemy, say I.

A third property to be imitated, expressed, is his Clemency and Mercy: The Lords is mercifull and gracious, slow to anger, and plenteous in mercy Psal. 103.8.: The Mountaines, the strong foundations of the earth (that is the Magistrates) must so do iustly, that they must withal loue mercy Mich. 6.2.8.: And a Kings Throne is as well vpholden by Mercy, as by Iustice Prou. 20.28.: For, as Chry­sostome saith, Iustice without mercy, is not iustice but cruelty; as on the other side, Mercy without iustice, is not mercy, but foolish pitie. There is a time to spare, as well as to smite Eccles. 3. when not summum ius, extreme right, but [...], the moderation of right must take place. The Wise man forbiddeth to bee too seuere Eccles. 7.14.: Acerbis iudicijs, magis vastatur quā corrigitur ciui­tas; saith Salust: A Citie is rather ruinated then re­formed, by sharpe Iudgements. And when this re­laxation of the extremity of Law must be vsed, the peculiar circumstances of times, places, per­sons, and occasions, will shew.

A fourth iudiciary property, is, Power and Cou­rage in execution: Might is Gods, as well as wise­domeDan. 2.20., None can resist his will Rom. 9.19.. Babylons iudge­ment [Page 29]will assuredly light vpon her, because the Lord is strong that iudgeth her Reu. 18.8.: And the earthly Gods must bee men of courage Ex. 18.21.25., strong, and shew themselues like men 1. King. 2.2.; Not like Rehoboam, tender-hearted, and not able to resist the sons of Belial 2. Chr. 13.7.; nor like Dauid at his beginning, so weak that any sons of Zeruiah should be too bard for him 2. Sam. 3.39.; not bearing the sword in vaine against any, euen the great Ones, nor suffering wholesome Lawes to be like spider webs, which do infirmiora animalia retine­re valentiora transmittere (as Anacharsis saidValerius ma­ximi. de memo­rabil.) Hold the weaker creatures, but let the stronger passe through; but euen taking an order for bloudy Io­abs, cursing Shemies, treacherous Absoloms, aspi­ring Adoniahs, and punishing sinne as well in the necke and shoulders, as in the legges and feete, of the body politicke.

Now in all these properties, I may say with Paul, I haue nothing to accuse my nation of Actes 28.19., I haue nothing to lay to the charge of our reuerend Iudges heere presentSir Henry Ho­bart Knight Ba­ronet, L. chiefe Iustice of the Cōmon pleas, & Sir Laurence Tanfield Knight L. cheife Ba­ron of the Ex­chequer.: I cannot (God be than­ked) vpbraid you, as Paul did the Corinthians; with going to Law [...] before vnbeleeuing Ma­gistrates, infidels for their faith, or [...] vniust for their practise and conuersation1. Cor. 6.62.. Nay, if vox populi, bee vox Dei, the voyce of the people, bee the voice of God herein; the eare that heareth them blesseth them, and the eye that seeth them, giueth witnesse to them Iob 29.11., and of them, that they are with Ioseph of Arimathea, good and iust men Luk. 23.50., that with Moses, they sit to heare matters from morning to [Page]euen [...]od. 18.14.: that with Iob, Where they know not the cause, they search it out diligently, are fathers to the poore, breake the iawes of the wicked, plucke the prey out of their teeth, put on righteousnesse as a garment, and iudgement as a robe and diademe Iob. 20.12.14.16.17., that, their moderation is knowne to all men Phis. 4.5.; that, they heare and iudge the small as well as the great Deut. 1.17.; yea, and the great as well as the small; Not spa­ring with Moses, to hang vp the Heads of the peo­ple Num. 25.4., euen to punish the great ones after their desert. Therefore I haue no reprehension, but onely an admonition, vt faciant quod iam faci­unt, That they do still that which they doe at this present: I haue no rod to come to them with nouae, but an enge, well done good and faithfull Stewards of the high God: as you haue begun so continue, that the great Maister when hee commeth, may finde you so doingMath. 24.46.: as you run well, so finish your course, that the Lord Iesus, that righteous Iudge, who hath honoured you heere with his name and Throne, may honour you hereafter with a Crowne in corruptible, and a Kingdome that cannot bee shaken. To him with the Father and the Holy Ghost, three Persons and one God, bee giuen bles­sing, Honor, Glory, and Power, now and for euer. Amen.

FINIS.

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