The Theater of Gods Judgments, Book 2 · Chapter 47
CHAP. XLVII. That Kings and Princes ought to looke to the execution of Iustice, for the punishment of naughty and corrupt manners.
NO man ought to be ignorant of this, that it is the duty of a Prince, not onelyonly to hinder the course of sin from bursting into action, but also to punish the doers of the Jame; making both civill justice to be administred uprightly, and the law of God to be regarded and observed inviolably: for to this end are they ordained of God, that by their meanes every one might live a quiet and peaceable life, in all godlinesse and honesty: to the which end the maintenance and administration of justice being most necessary, they ought not so to discharge themselves of it, as to translate it upon their Officers and Judges, but also to looke to the execution thereof themselves, as it is most needfull: for if law (which is the foundation of justice) be (as Plato saith) a speechlesse and dumbe Magistrate; who shall give voyce and vigor unto it, if not hee that is in supreame and soveraigne authority? For which cause the King is commanded in Deuteronomy, To have before him alwayes the Deut. 17. 18. 19.Booke of the Law, to the end to doe justice and judgement to every one in the feare of God. And before the creation of the Kings in Israel, the chiefe Captaines and Soveraignes amongst them were renowned with no other title nor quality, than of Judges. In the time of Deborah the Prophetesse, though she was a woman, the weaker vessell; yet because she had the conducting and governing of the people, they came unto her to seeke judgement. It is said of Samuel, that he judged Israel so long, till being tyred with age, and not able to beare that burden any longer, hee appointed his sonnes for Judges in his stead: who when through covetousnesse they perverted Judg. 4. 1 Sam. 7. 8.justice, and did not execute judgement like their father Samuel, they gave occasion to the people to demaund a King, that they might be judged and governed after the manner of other Nations: which things sufficiently declared, that in old time the principall charge of Kings was personally to administer justice and judgement, and not as now to transferre the care thereof to others.
The same we read of King David, of whom it is said, That during his reigne he executed justice and judgement, among his people: and in another 1 Chron. 18.place, That men came unto him for judgement, and therefore he disdained 2 Sam. 15.not to heare the complaint of the woman of Tekoah; shewing himselfe herein a good Prince, and as the Angel of God, to heare good and evill: for this cause Solomon desired not riches, nor long life of the Lord, but a wise 2 Sam. 14.and discreet heart to judge his people, and to discerne betwixt good and evill: which request was so agreeable and acceptable to God, that hee granted 1 King 3.it unto him; so that he obtained such an excellent measure of incomparable wisedome, that he was commended and reputed more for it, than for all his great riches and precious treasure beside. There is mention made in the Book of the Kings of his judiciall throne wherein he used to sit and heare the causes of the people, and execute justice among them; and albeit he was the most puissant and glorious King of the earth, yet notwithstanding hee scorned not to hear two harlots plead before him about the controversie of a dead infant.
Ioram King of Israel, son of Achab, though a man that walked not uprightly 2 King. 6.before God, but gave himselfe to worke abomination in his sight; yet he despised not the complaint of the poor affamished woman of Samaria, when she demanded justice at his hands, although it was in the time of war when Lawes use to be silent, and in the besieging and famishment of the City; neither did he reject the Sunamites request, for the recovery of 2 King. 8.her house and lands, but caused them to be restored unto her. So that then it is manifest, that those Kings which in old time reigned over the People of God, albeit they had in every City Judges, yea and in Jerusalem also, as it appeareth in the nineteenth Chapter of the second Book of Chronicles; yet they ceased not for all that to give ear to suits and complaints that were made unto them, and to decide controversies that came to their knowledge: and for this cause it is that Wisdom saith, That by her Kings Prov. 8. 15.reigne, and Princes decree justice: whereunto also belongeth that which is said in another place, That a King sitting in the Throne of judgement Proc. 20. 8.chaseth away all evill with his eyes.
Moreover, that this was the greatest part of the Office and duty of Kings in antient times to see the administration of justice, Homer the Poet may be a sufficient witnesse, when he saith of Agamemnon, That the Scepter and Law was committed to him by God, to do right to every man: answerable to the which, Virgil (describing the Queen of Carthage) saith, She sat in judgement in the midst of her People: as if there was nothing more beseeming such a person than such an action. And therefore the Poets not without cause feigne Iupiter alwayes to have Themis (that is to say, Justice) at his elbow; signifying thereby, not that whatsoever Kings and Princes did was just and lawfull, be it never so vile in it own nature (as that wanton flatterer Anaxarchus said to Alexander) but that equity and justice should alwayes accompany them, and never depart from their sides. And hereupon it was that Eacus, Minos, and Radamanthus the first King of Graecia, were so renowned of old antiquity, because of their true and upright execution of Justice, and therefore were not honoured with any greater title than the name of Judges.
It is said of King Alexander, that although he was continually busied in Plutarch.affaires of war, and of giving battels, yet he would sit personally in judgement to hear criminall causes and matters of importance pleaded; and that whilest the accuser laid open his accusation, he would stop one ear with his hand, to the end that the other might be kept pure and without prejudice, for the defence and answer of the accused. The Roman Emperours Sueton.also were very carefull and diligent in this behalfe: as first Iulius Caesar, who is recorded to have taken great paines in giving audience to parties, and in dealing justice betwixt them. In like manner Augustus Caesar is commended for his care and travell in this behalfe: for he would ordinarily sit in judgement upon causes and controversies of his subjects, and that with such great delight and pleasure, that oftentimes night was fain to interrupt his course, before his will was to relinquish it: yea, though he found himselfe evill at case, yet would he not omit to apply himselfe to the division of judgement, or else calling the parties before him to his bed.
The Emperour Claudius, though a man otherwise of a dull and grosse spirit, yet in this respect he discharged the duty of a good Prince, for that he would intermeddle with hearing his subjects causes, and do right unto them: he chanced once to make a very pretty and witty end of a suit betwixt a son and his mother, who denying and disclaiming him to be her son, was by the Emperour commanded to marry him; and so lest he should agree to that mischief, was constrained to acknowledge and avow him for her son: and to be short, it was very ordinary and usuall among the Emperours, to take knowledge of matters controverted, but especially of criminall and capitall causes; by meanes whereof the Apostle Paul, desirous to shun the judgement and lyings in wait of his enemies the Jewes, appealed from them to Caesar; which he would never have done, if Caesar had not in some sort used to meddle with such affaires; and for further proof hereof, hither may be added the saying which is reported of Nero, in the beginning of his reigne, That when he should signe with his hand a sentence of death against a condemned person, he wished that he could neither write nor reade, to the end to avoid that necessary action.
The bold answer of an old woman to the Emperour Adrian is very worthy Fulgos. lib 6. cap. 2.to be remembred; who appealing and complaining to the Emperour of some wrong, when he answered that he was not at leasure then to hear her suit, she told him boldly and plainly, That then he ought not to be at leasure to be her Emperour: which speech went so near the quicke unto him, that ever after he shewed more facility and courtesie towards all men that had any thing to do with him. The Kings of France used also this custome of hearing and deciding their subjects matters, as we reade of Charlemaigne the King and Emperour, who commanded that he should be made acquainted with all matters of importance, and their issues, throughout his Realme. King Lewis the first treading the steps of his father Charlemaigne, accustomed himselfe three dayes in a week to hear publiquely in his pallace the complaints and grievances of his people, and to right their wrongs and injuries. King Lewis, sirnamed the Holy, a little before his death gave Alm….in charge to his son that should succeed him in the Crown, amongst other, this precept, To be carefull to bear a stroke in seeing the distribution of justice, and that it should not be perverted nor depraved.