A Key Opening Mysterious Texts of Scripture, Collection of sermons 1 · Sermon 9
THE JUDGES CHARGE. A Sermon preached at the Readers Feaſt in LINCOLNES Inne. THE NINTH SERMON.
PSAL. 2.10.
Be inſtructed, or learned, yee Judges of the earth.
Right Honourable, Right Worſhipfull, &c.
AT the ſiege of Tarentum, aAelian. de Var. hiſt. l. 5.when the Citizens were driven by extremitie of famine to the point of yeelding themſelves into the hands of the Romans, they were ſtrangely relieved by the charity of their neighbours at Rhegium, who every tenth day faſted themſelves, and ſent in their proviſion for that day to the Tarentines. In memory of which reliefe they kept ever after a feaſt which they called Jejunium, o… Feſtum jejunii, the Faſts feaſt, or a feaſt grounded on a faſt. Such is the Feaſt bid at this time in this place, gained by a long preſcription out of the Lent Faſt. It may rightly be called Feſtum Jejunii, the Feaſt of the Faſt; a Feaſt of the Law beſide, if not contrarie to the Law of Feaſts appointed by the Church. Wherein yet I conceive, according to the right meaning of the firſt founders of this exerciſe and Feaſt, the Eccleſiaſticall cannons of the Church, and locall ſtatutes of theſe houſes doe not harſhly claſh one againſt the other; but rather like ſtrings tuned alike, and dexterouſly touched, make a perfect chord, and ſtrike full uniſons, both intending Feſtum Jejunii; the one a ſpirituall, the other a ſcholaſticall; the one an Evangelicall, the other a Legall Feaſt in the time of Faſt. For the Church appointeth more frequent exerciſes of pietie and devotion, Prayers, Lectures, and Sermons, (which are the ſoules dainties) at this time, than any other ſeaſon of the yeere. And agreeable hereunto in the Univerſities, which are the Nurſeries of Religion and Arts, and in theſe noble Seminaries of juſtice, and knowledge in the lawes, the moſt ſolemne and profitable exerciſes for the proficiencie of ſtudents, (whether readings, diſputations, or determinations) have beene, time out of minde, and are yet performed in the Lent: wherein the eye of the ſoule is the more apt and ſingle for the contemplation of divine and humane knowledge, by how much it is freer from the fumes of bodily meats, and the ſmoake of worldly cares and buſineſſe. As for the exceeding in ſome one day or other in variety of all palate provocations, it is a vaine thing for me or any other to ſpeake againſt it; quia venter non habet aures, the belly hath no eares, eſpecially to heare any thing againſt it ſelfe. If it had, I ſhould have craved a Writ of remove of theſe Vitellian feaſts out of the confines of Lent, or made a motion, that theſe ſurcharges of purſe and ſtomacke might be turned into the Lacedaemonian bPhiditia were ſparing meales, or frugall ſeaſts: ſo named from ecl. … ſignifying to ſpare or be thrifty.Phiditia, or at leaſt that the ſuperaboundancie in them might not be waſted by luxurie, to the hurt of our owne bodies, but diſpenced by charity to the reliefe of others; that devotion might recover that in almes deeds which it loſeth in faſting: ſo would our tender and indulgent Mother, Chriſts deareſt Spouſe the Church, vouchſafe theſe meetings her preſence, as Mary the Mother of Jeſus was preſent at the Feaſt in Cana; and Chriſt himſelfe would furniſh the wine of ſpirituall joy and gladneſſe, even at theſe Feaſts, though, like Saint Paul, c1 Cor. 15.8.borne out of due time.
But I leave the time, and have an eye to the notes pricked in my text, which are three:
1. Religion enjoyneth learning: Be learned.
2. Learning becommeth and qualifieth Judges: Ye Judges.
3. Judges give ſentences of, and rules for land: The earth.
1. Divine wiſedome excludeth not humane learning: Be learned.
2. Learning is not onelyonly a comely ornament, but a neceſſary accouſtrement of a Judge: Ye Judges.
3. All Judges on earth are Judges of earth, that is, conſiſting of earth, or ſitting upon the earth: The earth. The earth is their materia ex qua, and circa quam too.
1. The matter of which they are made.
2. The matter on which they make and give their judgement and ſencence.
O all ye Kings of theſe Netherlands, manum ad Sceptrum, oculos ad Aſtra: there is a King above who over-lookes you all, and will one day breake your Scepters with his Iron mace. O yee Judges of this lower Circle and Circuits, manum ad Gladium, oculos ad Aſtra: there is a Judge of heaven who will ſet his tribunall in the clouds, and call all you to his bar, and your judgements in queſtion before him. Be wiſe now therefore O ye Kings, advance his Kingdome in yours: be learned ye Judges of the earth, declare his judgement by yours.
Tullie giveth this character of Thacydides, that in his writings there are neere as many dCic. declar. orat. Numerum verborum numero ſententiarum penè conſecutus eſt.ſentences as words: ſuch is the Rhetorike of this parcell of holy writ, the parts are anſwerable to the words, the points of doctrine to the parts, the uſes to the points of doctrine.
1 Erudimini, there is the charge.
2 Judices, there is the ſtile.
3 Terrae, there is the circuit of the Judges.
1 Be learned, there is the aime of your ſtudy.
2 Yee Judges, there is the title of your place.
3 Of the earth, there is the embleme of your frailty.
Theſe parts hold good correſpondence;
1 The firſt with this preſent exerciſe.
2 The ſecond with this honourable auditory.
3 The third with this holy time.
1 It is moſt agreeable at a Reading to treat of learning, Be ye learned.
2 It is moſt proper to give the Judges charge before the prime Judges of the kingdome, Ye Judges.
3 It is moſt ſeaſonable to frame a diſcourſe of the mould of us all, earth and aſhes, in the time of Lent, Of the earth.
By the law theeLevit. 1.16. And ye ſhall pluck away the filth thereof with his feathers, and caſt it beſides the Altar, by the place of the aſhes. crop, or as it is in the Hebrew, the filth of the birds that were ſacrificed, together with their feathers, were to be caſt in locum cinerum, into the place of aſhes. Now if ever is the ſeaſon not only to purge or remove the filth of our lives out of the ſight of God, but alſo to caſt away the beautifull pompes, maskes, ſhewes, and all othes vanities of the world, which are no better than feathers in locum tinerum, where wee ought to mourne for our ſinnes in ſacke-cloth and aſhes; pulvis & cinis, duſt and aſhes have great affinity with terrae in my text.
Be learned. WhenfCic. de orat l. 1. Neque tam moleſtus mibi fuit Antonius, quod jus noſtrum civile pervellit, quam jucundus quod ſe id neſcire confeſſus eſt. Antony carped at the ſtudy of the civill law, withall acknowledging his ſmall ſight therein, Scaevola a great Lawyer ſmiling, ſaid, that he made a kind of amends for his invective againſt the Law, by profeſsing his ignorance therein. For it is no diſparagement to any ſcience or profeſſion to bee ſleighted by ſuch as underſtand it not. A bright beame and great light troubleth, and dazeleth, and paineth alſo a weake eye, Urit enim fulgore ſuo. Who can blamegPeti. Dialect…cum criminatur, ſed cum ad interrogata reſpondere non poſsit. Petilian the Donatiſt for complaining of Saint Auſtins Logicke, whereby that ignorant Hereticke was non-pluſſed and ſhamed? Verily as faſt hath no enemy but gluttony, chaſtity but luſt, frugality but luxurie, wiſedome but follie, humilitie but pride, orthodoxe doctrine but hereſie, ſo neither knowledge but ignorance. Wherefore whatſoever faire gloſſe of the Scriptures ſelfe-ſufficiency the Browniſts and Separatiſts put upon their ſecret undermining of our Schooles and Univerſities, and ſtopping up the Well-ſprings of good Learning among us, their true end is, thathEraſ. adag Inter coecos luſcum regnare poſſe. among blinde men they might bee ſome body, who among ſharpe-ſighted men are no body. For the Latine proverbe puts them in ſome heart, (viz.) that a purblinde man may be a jolly fellow, nay by good reaſon choſen a King among ſuch as are ſtarke blinde. Doubtleſſe, if ever learning were needfull, it is now adayes moſt neceſſary, when men by ſubtle Sophiſtry, and deceivable eloquence, not onelyonly goe about to wrangle us out of our eſtates, but alſo juggle us out of our Religion. Call ye it a reformation? is it not rather the deformation of a building to damb up the lights thereof? The ſtate ofgAelian de var. hiſt. l. 3. Graviſſima … poe…am inflixerunt ut libe…os ſuos non docerent literas. Mi…ylene deſiring to be revenged to the uttermoſt on their Confederates that had revolted from them, after they had got the maſtery of them, laid this as the foreſt puniſhment they could deviſe upon them; that none of their children ſhould goe to ſchoole, or be brought up in learning. And in a like regard Julians perſecution was accounted more grievous than that of Diocleſian, though that blaſphemous Apoſtata ſhed little Chriſtian bloud; in as much as Diocleſian plucked but out the bodily eyes of Saints and Martyrs, (the holes whereof the good Emperour Conſtantine kiſſed) whereas Julian by ſhutting up all Chriſtian ſchooles, and bereaving them of the light of knowledge, after a ſort plucked out the eyes of their ſoules. Which I ſpeake not for that I conceive the Scriptures are not ſufficient of themſelves for our inſtruction, to enlighten our underſtanding; but becauſe we are not ſufficient for the opening of the meaning of them, without the helps of arts and ſciences, the miraculous gifts of the holy Ghoſt ceaſing long before our time. The light of divers rapers in the ſame roome, though united, yet is not confounded, as the opticks demonſtrate, by the diſtinct ſhadowes which they caſt: neither doth the light of divine knowledge confound that of humane in the ſoule, but both concurre to the full illumination of the underſtanding. And as the organe of the bodily eye cannot diſcerne any thing without a double light, viz.
1.hBrierhood tractat de oculo M.S. Lumine innato, an inward light in the chriſtalline humour of the eye.
2. Lumine illato, an outward light in the aire, and on the object:
ſo neither can the eye of the ſoule in this region of darkneſſe perfectly diſtinguiſh the colours of good and evill without a double light, the in-bred light of nature, and the outward light which is acquired by learning; being Lumen not innatum, but illatum: not naturally reſplendent in the ſoule, and brought with it into the world, but ab extrinſeco, brought into the ſoule by reading, hearing, diſcourſing, contemplating, or divine inſpiration. Solomon who beſt knew what belonged to wiſedome, ſets his wiſe man toiPro. 1.5. A…ſe man will heare, and will underſtand learning. ſchoole, and promiſeth for him that he will take hiskP… 9.9. Give inſtruction to a wiſe man, and he will he yet wiſer; teach a …t man, and he will in creaſe in learning. learning, and bee a good proficient in it. And behold a wiſer than Solomon, lMat. 13.52.Chriſt himſelfe compareth every Scribe which is inſtructed unto the kingdome of heaven, to a man that is an houſholder, who bringeth out of his treaſury new things and old. He likeneth him not to a pedler that hath nothing but inkle, tape, and ſuch like traſh in his pack, which he openeth at every mans doore; but to a rich ware-houſe man, who out of his treaſury or ware-houſe bringeth out precious things, either new or old, as they are called for. Such a Scribe was Moſes, whomActs 7.22. was learned in all the wiſedome of the Aegyptians. Such a Scribe was Daniel and the foure children that were bred up with him, to whom GodnDan. 1.17. gave knowledge and skill in all learning. Such a Scribe was S. Paul, who wasoAct. 22.3. brought up at the feet of Gamaliel, and taught according to the perfect manner of the Law of the Fathers. Neither was he converſant onelyonly in the writings of the Rabbines, but alſo expert in the heathen Philoſophers, Orators and Poets, whom he after a ſort defloureth of their choiceſt ſentences & obſervations, incorporating them into his moſt learned and eloquent epiſtles. Such a Scribe was Clemens Alexandrinus, whoſe writings in regard of all variety of good literature in them, are called ſtromata, rare pieces of Arras or Tapeſtry. Such a Scribe was S. Cyprian, who by Rhetoricke; Tertullian, who by the civill Law; Juſtin Martyr, and Origen, who by Philoſophy; S. Baſil, who by Phyſicke; S. Auſtin, who by Logicke; Euſebius, who by hiſtory; Prudentius, who by Poetry; Gregory Nazianzen, Jerome, and many other of the ancient Doctors of the Church, who by exquiſite skill in the Arts and learned Languages, exceedingly improved their ſacred talent of Scripture-knowledge.pVid. Lypſ. Manuducti ad Stoicam Philoſophiam. Philo that accompliſhed Jew deviſeth an elegant allegory upon Abrahams companying with Hagar, before he could have iſſue by Sara. Hagar the bond-woman is ſecular or humane learning, with which we muſt have to doe, before wee can promiſe our ſelves fruit by Sarah, that is, much profit by the ſtudy of divinity. Neither doth this argue any imperfection in the Scriptures, but in us: the ſtarres are moſt viſible in themſelves, yet through the imbecillity of our ſight, without a perſpective glaſſe we cannot exactly take their elevation, or true magnitude.
What though God in the firſt plantation of the Goſpell uſed the induſtry of illiterate men, and made Fiſhermen fiſhers of men, that our q1 Cor. 2.5.faith ſhould not ſtand in the wiſedome of men, but in the power of God? yet after the miraculous gifts of the Spirit fayled in the Church, wee ſhall read of no Rammes hornes, but Silver Trumpets emploied in the throwing down of Sathans forts. Since that, the promiſe of dabitur in illa hora, it ſhall bee given you in that houre, is turned into the precept of attende lectioni, give r1 Tim. 4.13.15attendance to reading, to exhortation, to doctrine, meditate upon theſe things, give thy ſelfe wholly unto them, that thy profiting may appeare unto all men. Since the dayes of the Apoſtles, and their immediate Succeſſors, the learnedſt men have proved the worthieſt inſtruments of Gods glory in Church or Commonwealth: Be learned therefore.
Yee Judges. Religion commends learning, and learning a Judge:ſNumb. 11.17. The Lord tooke of the Spirit which was upon Moſes, and put it upon ſeventy Elders. This Spirit it is which animateth a Judge, whoſe briefeſt and yet fulleſt definition is Jus animatum, enlived right, or the living law. For the law is a dead and mute Judge, and the Judge is a living and ſpeaking law: As the Philoſopher termethtAriſt. Rhet. l. 3. Pictura muta poeſis, poeſis loquens pictura. painting ſilent Poetry, and Poetry a ſpeaking picture. Now how can a Judge ſpeake the law, or the law ſpeake by him, if he know not the law? It implyeth a kinde of contradiction for an Actor to bee without action, or an Orator without words, or a Labourer without worke, or a Counſellor without advice, or a Judge without judgement in the law. Can an Artificer worke by his rule, who holdeth it not in his hand? or a Pilot ſteere by the compaſſe who hath not the compaſse before his eye, or underſtandeth it not? no more can a Judge give ſentence according to the law, who is ignorant of the law. Ignorance in a private man is a prejudice, and ſome blemiſh to himſelfe, butuAug. de civ. Dei. Ignorantia Judicis eſt calamitas innocentis. ignorance in a Judge is the calamity of the innocent, nay may prove the ruine of a State. What greater miſchiefe in any ſociety than that the eſtates, good name, livelihood, yea and lives too of men ſhould lye in the breaſt of a Judge, who out of ignorance is faine to aske Quid eſt juſtitia, what is juſtice? as Pilate did, Quid eſt veritas, what is the truth? How will the Lawyers work upon this advantage? how far will the Counſell go in a bad cauſe, upon the ſtrength of a large fee? what falſe glaſſes will they ſet before the eyes of ſuch a Judge to deceive him, and lead him by the noſe? Neither will skill in the municipall law alone ſuffice, and yet that law hath a large walke, and many turnings where hee may loſe his way: hee muſt be well experienced in the affaires of the world: hee muſt ſinke deepe into mens diſpoſitions as well as their ſpeeches: he muſt be able to weigh reaſons, poyze witneſſes, reconcile lawes, compare preſidents: in a word, hee muſt be like an Angel of God to diſcerne betweene good and evill. Among the many titles of a good Judge, who is ſtiled the ſoule of the law, the oracle of the city, the prieſt of juſtice, the tutour of pupils, the father of orphans, the ſanctuary of innocents unjuſtly purſued, me thinks none ſo fitteth him as Regula, or ratherxAriſt. Rhet. l. 1. Regulator juris, a rule, or rather, the ruler of right. For orders in Court you call rules, and judge caſes in law, ruled caſes: now that a man may rule well, that is, in your phraſe judge well, ſixe things are requiſite.
1 That he hath skill to rule,
2 That his paper, or parchment bee ſpread abroad, and lye even before him,
3 That his eye be on his rule,
4 That he have nothing in his hand ſave his pen or plummet,
5 That his hand on his ruler be ſteady,
6 That his hand on his plummet be quick, to draw a line ſpeedily.
Upon theſe ſixe ruled lines wee may write a faire copy for a Judge, according to the forme following.
1 He muſt have skill to rule, knowledge to judge.
2 He muſt have his paper or parchment ſpread, that is, the caſe unfolded before him.
3 He muſt fixe his eye on his rule, which is the law.
4 He muſt have nothing in his hand but that wherewith hee ruleth, hee muſt be empty-handed.
5 His hand on his ruler muſt be ſteady, it muſt not ſhake through feare.
6 His hand on his plummet or pen muſt be ſwift and ready, he muſt have a deſire and dexterity to rid worke out of his hand, and ſpeedily to ſet a period to tediouſly protracted ſuits.
I had forgot one more circumſtance if the laſt word of my text (earth) had not put me in minde of it, which is this: That a man cannot well rule, or draw exact lines by a ruler upon his paper or parchment, but hee muſt needs how himſelfe and looke downe up on it: neither can any man bee a good Judge who is not humble. For Lypſius truly obſerveth that it is a very hard thing for a manyLyp polit. l. 4. Difficile eſt in alto poſitum non alta ſapere. in high place not to bee high minded. zSen. de ira. l. 2. c. 21. Quicquid leve & inanc in animo eſt, ſecunda fortuna ſuſtollit, &c.Honour lifteth up the heart above meaſure, eſpecially when it is armed with power. Knowledge alſo puffeth up, eſpecially when it is blowne with the breath of flattery. Wherefore leſt wiſe Kings and learned Judges ſhould too much reflect upon the eminency of their place and gifts, and forget the frailty of their condition, the Prophet giveth them an alloy in the word immediately following the title of their dignities, Terrae, of the earth.
Of the earth. When Bees are moſt angry in their ſwarming, caſt but a little earth upon them, and they are preſently quiet, and leave their humming. Though nothing elſe can*Plin l. 1. c. 104. 106. Limum flagrantem, maltham dictam, terra tantum extingui docuere experimenta. Ignem montis Chimaerae extingui terra & fimo tradit Guidias. quench the burning ſlime of Samoſaris, or the fire in the hill Chimaera, yet earth and dung can: ſo though nothing elſe can aſſwage the tumour of the proud, or quench the burning deſire of honour in the ambitious, of wealth in the covetous, of pleaſure in the voluptuous, yet the conſideration of the grave can. Hee that ſeriouſly thinketh with himſelfe, theſe ſcarlet robes of mine clothe nothing but dung, all my dainty fare feeds but wormes; I who have power of other mens lives, have no power of my owne life, no not for a moment; even whileſt I ſit upon priſoners, and condemne guilty perſons, I am arraigned in my conſcience, and plead guilty before God. Hee that keepes downe his heart with theſe thoughts, can no more be overthrowne with pride, than a ſhip which is well ballaſt be blowne away in a ſtorme. Great perſonages, the ſtronger guard they have about them, the more they lye open to envie: the more ſecure they are by their authority, the more in danger they are of ſurprizall by pride. Judges were Princes among the Jewes before the dayes of Saul, and Princes were Judges among the Romanes, as Auguſtus and Adrian. I finde the title ofaPſal. 82.1. God ſtandeth in the congregation of the mighty, he judgeth among the Gods. & v. 6. I have ſaid ye are Gods. Gods in Scripture attributed not onelyonly to Soveraigne Kings, who are the ſupreme Judges, but to inferiour Judges alſo, ſubordinate to Princes: theirbBodin. de rep c. 4. Lex Horatia eſt, Jovi ſacrum eſſe caput ejus qui Judici nocuerit. perſons by the Roman lawes were ſacred, hee who hurt them was preſently to be ſacrificed. In France when a Gallant in his ruffe ſtrucke a Judge, by an arreſt of the Parliament at Paris his hand was ſuddenly cut off, and a heavie fine layd upon him. The priviledges of Judges granted to them by Princes, in whoſe ſeat they ſit, their power, their wealth, their clyents, their retinue, their robes, their maces, their officers, their titles will exalt them too high in their owne conceit, if they conſider not with Trajan, cPlin. in panegyr. Se non minus hominem eſſe, quam hominibus prae eſſe cogitet.that though they are above men, yet they are but men. Pliny the elder having related a ſtrange ſtory of a child, whoſe life was taken away by the ſnuffe of a candle, takes all the potentates of the earth to taske, and rings them a peale in their eare, ſaying,dPlin. nat. hiſt. l. 7. c. 7. Tu qui te deum credis aliquo ſucceſſu, tamen tanti perire potuiſti, at que etiamnum potes aut minoris, ut Anacreon acino uvae, & Fabius Praeto… in lactis hauſtu pilo. Thou which art ſo puffed up with the happy ſucceſſe of ſome battell fought by thee, or ſome great fortune fallen unto thee, that thou takeſt thy ſelfe to bee a God, maiſt purchaſe thy death at as low a rate as this childe, or a lower, as Anacreon the Poet came to his end by a raiſin ſtone, and Fabius the Pretor by a haire in his milke. No poſture of the body ſeemeth more ſecure than ſitting in a chaire, yet JudgeeAug de civit. Dei, l. 22. c. 22. Quid videtur ſedente ſecurius? de ſella cecidit Eli, & mortuus eſt. Ely fell out of his chaire, and brake his necke. Wherefore ſince Judges themſelves are as ſubject to the lawes of humane frailty as other men, ſince for ought they know they are as neere death as the priſoner whom they have newly condemned to dye: let them look above them, not about them; let them feare God, not man; let them deliver nothing at the bench, which they are not aſſured in their conſciences that they are able to make good before the Judge of quicke and dead, from whoſe face heaven and earth fled away, and their place could no where be found.
Judges may be conſidered either as of a particular circuit of the earth, and ſo they muſt receive inſtruction from the King or Lord of that land: or as Judges of the earth at large, and in that regard muſt take their Commiſsion, and receive Inſtruction from the Lord of the whole earth, who requireth in his Judges,
1 Religion,fExod. 18.21. thou ſhalt provide out of all the people, able men, ſuch as feare God.
2 Moderation,gGal. 6.1. to reſtore ſuch as are overtaken in a fault, in the Spirit of meekneſſe.
3 Learning and knowledge in the lawes, of which before.
4 Integrity, they muſthNum. 11.24. hate covetouſneſſe, iExod. 18.21. & Deut. 16.19.they may not take a gift, &c.
5 Indifferency, theykDeut. 1.17. muſt not reſpect perſons in judgement, but heare the ſmall, &c.
6 Attention and diligent enquiry, theylDeut. 1.16. & 13.14. & 19.18. muſt heare cauſes, and make ſearch, &c.
7 Expedition,mZech. 7.9. to execute true judgement, and not delay juſtice.
8 Reſolution and courage, not tonDeut. 1.17. feare the face of man.
9 Equity, tooDeut. 1.16. & Joh. 7.24. judge equally and righteouſly betweene every man and his brother.
1 Want of Religion makes a prophane Judge.
2 Want of Moderation an unmercifull Judge.
3 Want of Learning an unſufficient Judge.
4 Want of Integrity a corrupt Judge.
5 Want of Indifferency a partiall Judge.
6 Want of Attention a raſh Judge.
7 Want of Expedition a tedious Judge.
8 Want of Reſolution a timorous Judge.
9 Want of Equity an unrighteous Judge.
Laſtly, Want of any of theſe an Incompetent Judge, want of all theſe an unſufferable and execrable Judge.
1 Religion is required in a Judge, without which there will be no conſcience of doing juſtice, where injuſtice may be borne out: and becauſe even religious men are ſubject to paſſion, to religion a Judge muſt adde
2 Moderation and governement of his paſſions: and becauſe a man of temper, fit for a Judge, may miſtake his marke, if he be not expert in the Law, to moderation he muſt adde
3 Learning and knowledge in the Law, according to which he is to give ſentence: and becauſe bribes blinde the pDeut. 16.19.eyes of the wiſeſt and learnedſt Judges, to learning he muſt adde
4 Integritie and incorruption, a ſincere heart, and cleere hands: and becauſe where bribes cannot open the hand, yet favour may enter at the eye, to his Integrity he muſt adde
5 Indifferencie, free from all kinde of partiality: and becauſe a Judge, though never ſo religious, temperate, learned, incorrupt, and impartiall, cannot yet give right judgement without a full hearing and exact diſcuſſing of the cauſe before him, to indifferencie he muſt adde
6 Patient Attention, and diligent qDeut. 19.18.inquiſition: and becauſe the plaintife or defendant are nothing benefited by the Judges hearing of, or ſearching into the cauſe, if after examination there follow not a ſentence, to Attentition he muſt adde
7 Expedition; for delayed juſtice oftentimes as much wrongeth the plaintife as injuſtice: and becauſe after enquiry and hearing, though the Judge be expert and readie, yet judgement may be ſtopped if a great perſon appeare in the cauſe, to Expedition he muſt adde
8 Courage and Reſolution: and becauſe if a Judge ſtrike too hard with the ſword of juſtice he may breake it, as alſo becauſe the ſentence of the law may be juſt in generall, yet in regard of difference in circumſtances may wring and wrong a man in particular, to all the former vertues a compleat Judge muſt adde
9rLevit. 19.15. In equity ſhalt thou judgethy neighbour. Equity and ſtayed diſcretion, which holdeth ſteedily the gold weights of juſtice, and addeth or taketh away a graine or more to make the piece and weight perfectly agree.
1. Religion. Alvares reporteth that the Aethiopians place many chaires about the Judges ſeat, not out of State, but out of Religion, ſuppoſing that their Gods fit there with their Judges. That which they ſuppoſe we certainely know, that God and his Angels are preſent at the Aſſiſes, and that he judgeth among theſPſal. 82.1.7. gods, that is, the Judges, or Princes. How religious then ought Judges to be, who are Almighty Gods Aſſeſſours? So neere is the affinity betweene Juſtice and Religion, that as Prieſts are called Judices ſacrorum, Judges of Religion, and cauſes Eccleſiaſticall; ſo Judges are by Ulpian ſtiled Sacerdotes juſtitiae, Prieſts of juſtice. And not only the high Prieſts among the Jewes, but alſo the Archontes of the Athenians, the Archiflamines andtCic prò domo ſuâ ad Pontifices. Cum multa divinitus Pon…ifices a majoribus noſtris in venta atque inſtituta ſunt, tum nihil praeclarius quam quod vos coſdem, & religionibus deorum immortalium, & ſummae reipublicae prae eſſe voluerunt. Pontifices of the Romanes, the Muphteyes of the Turkes, the Brameres of the Indians, the Druides of the ancient Brittaines were truſted with Juſtice as well as Religion, and that for important conſiderations. For ſith mortall men cannot preſcribe againſt God, nor diſpence with his commandements, ſith the divine law is the ſupreme law to which lyeth an appeale from all humane ſtatutes and ordinances; they who by their calling are Interpreters of that law, might well be thought fit Umpires in all controverſies concerning the equity of lawes, and conformity to the divine: eſpecially in ſuch points wherein the lawes trench upon holy things. But I liſt not in the heat of modern oppoſitions to drink of the waters of ſtrife: let that queſtion paſſe, whether ſacred perſons, expert in the divine law, are not fitteſt to judge in ſecular cauſes of greateſt moment: this I am ſure, Judges muſt be, if not in orders, yet eminently religious and skilfull in the law of God: for the judgement they are to give is uDeut. 1.17.Gods. If a Judge be not religious, he will never be zealous for Gods honour, nor ſeverely puniſh the breaches of the firſt Table. If a Judge feare not God, hee will feare the face of man, and flye backe when he ſhould ſtand out for a poore innocent againſt a mighty adverſary.
xMartial. epig.Contra libertum Caeſaris ire timens.
If a Judge make no account of giving one day an account of all his actions to the ſupreme Judge of quicke and dead, hee will make no conſscience of delaying juſtice, or denying it, or perverting it, or ſtifling it, or ſelling it. Juſtice ſhall be caſt in her owne Court, and overthrowne upon her owne Tribunall. The JudgeyCypr. l. 2. ep. 2. Inter leges delinquitur, inter jura peccatur, innocentia nec ubi defenditu… ſervabitur. Sen. de ira l. 2. Quam turpes lites, quam turpiores advocatos habent? Judex damnaturus quae fecit, eligitur: & corona pro mala cauſa, bona patroni voce corrupta. Lactan. divin. inſtit. l. 1. who ſitteth on the bench to puniſh delinquents, will prove the greateſt delinquent, and dye his dibaphum or bis tinctum, his twice died ſcarlet the third time with innocent blood. If a Judge depend upon the King, and not upon God, Seianus ſhall bee condemned to a moſt painefull and ignominious death, upon a bare letter from Tiberius, though no man know for what crime, or upon what evidence: nay a Pilate will condemne Jeſus himſelfe to be crucified, rather than not be thought a friend to Caeſar. If a Judge be like Cardinall Caraffa, ſecurus de numine, out of all feare of Gods vengeance, hee will make the law a ſnare, and juſtice a net, and the bench a ſtep to his owne advancement: He will either like Hercules Prieſt, play with one hand for Hercules, and the other for himſelfe: Or likeaMazar. in Pſ. 51. Ayat the Jew, utraque manu tanquam dextra uti, take bribes on both ſides, and doe Juſtice on neither.
2 A Judge muſt be a religious man, and none but ſuch ought to be called to the bench, yet neither are all religious men fit to be Judges; for beſide the feare of God and devotion in a Judge, there muſt be temper in him, and ſingular moderation: he muſt be a Moſes, bNumb. 12.3.a very meek man above all the men that were upon the face of the earth: the mind of a Judge ſhould be as ſtill and calme as the upper region of the aire: Perpetuum nullâ temeratum nube ſerenum.
For it is impoſſible for him clearely to diſcerne betweene man and man, cauſe and cauſe, blood and blood, there being colourable pretences on both ſides, whoſe eye is clouded with paſſion, or overcaſt with any miſt of prejudice. When the water is troubled, or mingled with mud, we ſee not a bright pearle or piece of ſilver in the bottom: in like maner when the mind is ſtirred & troubled with perturbations, we cannot diſcerne the truth, which for the moſt part lyeth not in the top, but in the bottome, as it were, of a deepe Well, according to*Democ. dixit veritatem in fundo demerſam. Democritus his embleme. In this conſideration the Areopagite Judges prohibited Orators to play their Prizes of wit before them, or goe about any way by figures of amplification and exaggeration to move any affection in them, of love, or hatred, or feare, or anger, or envie, or pity. AndcAriſt. Rhet. l. 1. c. 1 foreign. Ariſtotle yeeldeth a good reaſon for it; It is the part of an unskilfull and fooliſh artificer, ſaith he, to endevour to bow or crooke his owne rule whereby he is to work: Now the underſtanding of a Judge is, as it were, the rule & ſquare by which all cauſes are to be tryed, and juſtice mett out. By indirect meanes then to pervert the minde of the Judge, and deprave his judgement, what is it elſe in an Advocate or Pleader, than to crook his owne ſquare, and falſifie the common meaſure of right? Moſt certaine it is, that as meat taſteth not a like to a cleere ſtomacke, and to a ſtomacke repleat with ill humors, ſo that no matter in debate preſents it ſelfe in the like hue to a ſingle and cleer eye, and to a dazled or blood-ſhot. Let S. James give the Judges their Motto, Be ſwift to heare, ſlow to ſpeak, ſlow to wrath. dVellaius Pater l. 1. hiſt. Quicquid voluit valde voluit Brutus, nimium Caſsius.Brutus would have made an ill judge, who was affianced to his owne will: and Caſsius a worſe, who was wedded to it: and Herod worſt of all, of whom Joſephus giveth this character, that he was Legis dominus, irae ſervus, Lord of the law, yet a ſlave to his owne paſſion. It is no ſtrong piece that will eaſily bee out of frame: frame therefore and temper muſt needs be in a Judge; yet this will not ſerve without a great meaſure of
3 Knowledge and learning in lawes,
1 Divine.
2 Humane.
As alſo in cauſes
1 Eccleſiaſticall.
2 Secular: of which before.
1 Civill.
1 Municipall.
4 Integrity. Probè doctus eſt qui probus eſt, he is intirely learned who to his learning hath added integrity. Learning teacheth what is wrong as well as what is right, and without integrity inſtructeth a Judge how to make wrong paſſe for right in a legall forme. If a Judges eye be open to favour, or his hand to gifts, his learning will ſerve him to no other end, than cunningly to divert the ſtreight current, to bring water to his own Mill. He that opens his hand to catch after a great reward, cannot chuſe but let fall his rule out of it. In which regard theeRainold. com. in Rhet. Ariſt. l. 1. Thebanes pourtraying a Judge, drew a venerable perſonage in a ſacred habite, fitting ſtill in a chaire, having neither eyes nor hands; his ſacred habit repreſented his religion, his venerable yeeres, his learning and experience; his ſtill ſitting, his moderation; his eyes out, his indifferency or impartiality; his want of hands, his integrity or freedome from taking bribes.fMazar. com. in Pſal. 51. Mazarinus complaineth of the Judges beyond the ſea (and there let them ſtill bee) that they reſembled the blood-ſtone, which hath a ſpeciall property to ſtanch blood, yet it is obſerved by Jewellers, that it never exerciſeth this vertue, nor ſtancheth blood, unleſſe it be ſet in, or covered over with ſilver, and ſo applyed to the veine. How true this is I know not, but ſure I am that thoſe who uſe a ſilver plummet draw blacke lines. When Demoſthenes, having received a large fee of the adverſe party to be ſilent in a cauſe, and being called to plead pretended the Squinſie, his clyent handſomely came over him, ſaying, foreign, non eſt iſta angina, ſed argentangina. I could match ſuch an Advocate with a like Judge in Poland called Ictus, who a long time ſtood for a poore plaintife againſt a rich defendant, in the end took of the defendant a great ſumme of mony, ſtamped according to the uſuall ſtampe of the countrey, with the Image of a man in complete armour, and at the next Seſſions in court judged the cauſe in favour of the defendant: and being taxed for it by his friends in private, ſhewing them the coyn he received, demanded of them, quis poſsit tot armatis reſiſtere? who were able to ſtand againſt ſo many in complete armour? Steele armour is bullet or musket proofe, but nothing except the feare of God is gold or ſilver proofe. Nothing can keepe a Judge from receiving a reward in private, in a colourable cauſe, but the eye of the Almighty, who ſeeth the corrupt Judge in ſecret, and will reward him openly, if not in his lower Courts on earth, yet in his high Court of Star-chamber in heaven.
5 All corruption is not in bribes; hee who for hope of advancement or for favour, or for any by-reſpect whatſoever perverteth judgement, is not cleere from corruption, though his hands be cleane. The Judges who abſolved the beautifull ſtrumpet Phryne, had their hands cleane, but their eyes foule. The Judges who abſolved Murena, that by indirect meanes purchaſed the Conſulſhip of Rome, are not taxed for taking any bribe from him, yet was their judgment corrupt, becauſe that which ſwayed them in judgment was not the innocency of Murena, but his modeſt carriage, together with his ſickneſs then upon him, moving them unto compaſſion. An upright Judge muſt in a morall ſenſe be like Melchiſedek, without Father or Mother, kiffe or kin; I meane in juſtice hee muſt take no notice of any affinity or conſanguinity, friendſhip or favour, or any thing elſe, ſave the merits of the cauſe; to which
6 Hee muſt give a full hearing: for otherwiſe the Poet will tell him, thatgSen. in med. Qui aliquid ſtatuit parte inauditá alterá, aequum licet ſtatuerit, baud aequus eſt. though the ſentence he gives may be juſt, yet he cannot be juſt. The eare is not only the ſenſe of diſcipline or learning, as the Philoſopher ſpeaketh, but of faith alſo, as the Apoſtle teacheth, yea and of truth alſo and juſtice. Though a Judge need not with Philip ſtop one of his eares while the accuſer is ſpeaking; yet ought he alwayes to reſerve an eare for the defendant, and according to the ancient decree of the Areopagites, hDemoſt. orat. de coron. foreign.heare both parties with like attention and indifferency their full time. Albeit our Lord and Saviour knew the hearts of men, which no earthly Judge can; yet to preſcribe a rule to all Judges, hee profeſſeth, ſicut audio ſic judico; iJoh. 5.30.as I heare ſo I judge. Never any Romane Emperour was ſo much cenſured with injuſtice and folly askSueton. in Claud. Claudius Caeſar, and the reaſon why hee ſo oft miſtooke, was, becauſe hee often ſentenced cauſes upon the hearing of one ſide only, and ſomtimes upon the full hearing of neither. But of hearing you heare every day, not onelyonly the Preachers at the Aſſizes, but the Counſell on both parts call upon you for it: I would you heard as oft of that which I am to touch in the next place (without which hearing is to no purpoſe:)
7 Expedition. If the time had not prevented me, I would have long inſiſted upon the prolonging of ſuits in all Courts of juſtice. For a man can come into none of them but hee ſhall heare many crying with him in the Poet, Quem das finem Rex magne laborum? When ſhall we leave turning Ixions wheele, and rowling Siſyphus ſtone? O that we had an end either way! long delayed juſtice often more wrongeth both parties, than injuſtice either. I am not ignorant of the colourable pretence wherewith many excuſe theſe delayes, affirming that queſtions in law are like the heads of Hydra, when you cut off one there ariſe up two in the place of it: which if it were ſo, as it argueth a great imperfection in our laws, which they who are beſt able make no more haſte to ſupply, than beggars to heale the raw fleſh; becauſe theſe gaine by ſuch defects, as they by ſhewing their ſores: ſo it no way excuſeth the protraction of the ordinary ſuits, diſputes, and demurres, in which there is no more true controverſie in point of law, than head in a ſea-crab.
8 Of courage and reſolution I ſhall need to adde nothing to what hath beene ſpoken, becauſe the edge of your ſword of juſtice hath a ſtrong backe, the authority of a moſt religious and righteous Prince, under whom you need not feare to doe juſtice, but rather not to execute juſtice upon the moſt potent delinquent.
9 There remaines nothing but Equity to crowne all your other vertues, which differeth but little from moderation above enforced; for moderation is equity in the minde, as equity is moderation in the ſentence. Bee not over juſt, ſaithlEccl. 7.16. Solomon, but moderate thy juſtice with equity, and mitigate it with mercy, for ſummum jus eſt ſumma injuria; juſtice without mercy is extreme cruelty, and mercy without juſtice is fooliſh pity; both together make Chriſtian equity. Therfore theſe two vertues reſemble Caſtor and Pollux, which if either alone appeare on the maſt, is ominous, but both together promiſe a proſperous voyage: or like the metals, which are ſo termed, quia foreign, becauſe the veynes ſucceed one the other: after the veyne of one metall you fall upon the veyne of another: ſo in ſcripture you ſhall finde a ſequence of theſe vertues, as in the Prophet Micah, mMicah 6.8.Hee hath ſhewed thee O man what is good: and what doth the Lord require of thee, but to doe juſtly, and love mercy? and in Zechary, nZech. 7.9.Execute true judgement, and ſhew mercy and compaſsion every man to his brother: and in Solomon, oPro. 21.21.Hee that followeth after righteouſneſſe and mercy, findeth life, righteouſneſſe, and honour.
To gather then up at length the ſcattered links of my diſcourſe, to make a golden chaine for your neckes, Be inſtructed O ye Judges of the earth, either Judges made of earth, earthly men, or made Judges of the earth, that is, controverſies about lands, tenures, and other earthly and temporall cauſes, ſerve the Lord of heaven in feare, and rejoice unto him with trembling, bee religious in your devotion, moderate in your paſſions, learned in the lawes, incorrupt in your courts, impartiall in your affections, patient in hearing, expedite in proceeding, reſolute in your ſentence, and righteous in judgement and execution: So when the righteous Judge ſhall ſet his tribunall in the clouds, and the unrighteous Judge, as being moſt contrary to him, ſhall receive the heavieſt doome; ye that are righteous Judges, as being likeſt to him, ſhall receive a correſpondent reward, and bee taken from ſitting upon benches on earth, to be his Aſſeſſours on his throne in heaven: To whom, &c.