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A44705 [Eloheem], or, God and the magtistrate as it was delivered in a sermon before the honorable Baron Atkin and Justice Tirril, two of His Majestie's judges of assize, in the cathedral church of Lincoln, and in the shrievalty of the honorable Sir Edward Dymockek, and champion to His Scared Majestie / by Obadiah Howe ... Howe, Obadiah, 1615 or 16-1683. 1663 (1663) Wing H3050; ESTC R10259 38,248 64

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Judicature we must not cut out work for the Judge that needs not much less that which ought not An ancient Complaint or an unjust defence are equally harsh in his eares who is a God of truth and equity Carry therefore all thy Causes to the balance of the Sanctuary and the Bar of thine own Conscience before thou bringest them to Gods Tribunal let them be thy Grand Jury and if they return Ignoramus let them die It is good advice that is given thee by the wisest of men Eccles viii 3. Stand not in an evil matter stir not by complaint stand not in it by defence do but ask thy soul this Question Dare I commence this action before Gods dreadfull Tribunal if not what doth it here If the pretended mother of the Child had thought that she should have had to do with a Solomon a man of a large heart she would have desisted from her querulous falsities But know that a greater then Solomon is here Let a Spirit of Love and Peace compound and take up Let every man be willing to yield to right though against himself Man is not the Creature that God hath made to live in the fire it is true of Humane as it is said of Divine Laws good if used lawfully 1 Tim. i. 8. There is a Curse that attends them that delight in War it 's true of the Wars at the Barre as well as those of the Field These are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Apostle speaks of James iv 1. Wars and Fightings which come of our lusts Turn not our Rephidim into Meribah our pleasant Streams of Justice into the Waters of Strife they will then be both Marah 05 and Massah bitter to us and we shall tempt the Lord and say Is the Lord with us yea or no. We need not doubt it for his is the Judgement and he is with you in Judgement 2. The Witnesses may be directed here and the Text speaks a word to you Set you your selves before the Lord before whom you speak and who weighs both your spirits and your words you stand before the Lord and the Oath of the Lord is upon you your Evidence is Cynosura Causae and directs to Judgement as the Chard doth the Mariners to his Port. Prevaricate not before the Lord who can detect your falsity and will revenge the injury God before whom you speak is a God of Truth and you had need be men of Truth that you may appeal to God and say as 2 Cor. xi 31. God knoweth I he not he is a Witnesse to thy Testimony It is a dreadful thing to tell a lie at the Barre and call God to be a Witnesse to it The Antient Jewes have a Saying which will sit us here 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Qui vult mentiri amoveat testes suos He that will tell a lie must first remove his Witnesses Tell not therefore a lie at the Barre until thou beest sure thou hast removed God himself from the Barre Look to the form of thy Oath it is very full and pertinent The truth the whole truth and nothing but the truth The truth without equivocation the whole truth without mutilation nothing but the truth without addition For the Jews will tell thee Tres veritatem dixerunt tamen perierunt Serpens Doeg Exploratores Three told truth and yet perished the Serpent Doeg and the Spies that went to search out the Promised Land The Serpent he told Eve that if they eat the fruit God knew they should be as Gods knowing good and evil it was truth but not without equivocation they understood him of notional but the Devil meant it of experimental knowledge and hence he is called a liar from the beginning John viii 44. Doeg told Saul that Ahimelech the Priest inquired of the Lord for David gave him victuals and the sword of Goliah the Philistine 1 Sam. xxii 9. And this was truth but not the whole truth had he told Saul that David told Ahimelech that Saul sent him about some important business he had saved the lives of many of the Priests of the Lord and therefore Doeg is marked with the brand of a lying and deceitfull tongue Psal lii 3 4. The spies told the Israelites there were Gyants in the Land and it was truth but they did it with aggravation and said it was not possible to overcome them and possess the Land and so they told more then the truth They are herein said to bring 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a lying report or a slander upon the Land and they perished Numb xiv 36 37. What thou speakest before the Judge thou speakest before God Let not this Testimony come out of deceitfull lips lest whilst the Judge cannot detect thee God comes to charge thee as he did by Peter to Ananias Why hath Satan filled thy heart to lye to the Holy Ghost Acts v. Tremble to think that God may by some amazing Judgement tell thee and the world thou lyest The Jewish Adage tells thee Qui loquitur lingua mala perinde est ac si abnegaret Deum peccat in coelum in terram He that speaks with an evil-lying or deceitful Tongue is as if he denied God himself and sins both against Heaven and Earth Remember that command that chargeth thee not to bear false witness against thy neighbour Let not fear malice hope of gain draw a false Testimony from thee to draw thee into a pernitious lye Know that mendacii merces vilis est the wages of a lye is very dishonourable a false witness being one of those six things which God abhors and he that telleth lyes is one of those that shall not escape Prov. vi 19. and xix 5. 3. The Text speaks a word to you Gentlemen that are of the Counsel you that are Magna Legis Oracula the great Oracles of the Law whom we consult as of old with whom when and how we should go to war You are to the Judge in Civils what John Baptist was to Christ in Spirituals his fore-runner to prepare his way and you do it well if you make crooked things straight beforehand You may do it in your Counsel-giving and in your Pleading at the Bar and in both consider that what you speak to man you speak also before that God that knoweth well that the hand of Joab is in the cause and can point out the very men that devise mischiefs and give wicked Counsel in the City Ezek. xi 2. Your work is honourable Christ stiles himself the Counsellour and its the greatest trust that you are capable of for you to give Counsel and we to follow it in our greatest temporal concerns Therefore give it liquidly and faithfully as before the Lord liquidly and clearly not as the Oracles of old of whom it was said Obscuris ambagibus responsa dabant gave their answers aenigmatically and darkly that men knew not how to resolve them give no
uncertain sound to the battel how shall men then prepare themselves to it Give it faithfully also as God himself would let every man see his cause through right perspectives encourage no man to take up a bad cause sound not a March when you should sound a Retreat let not your Counsel be as Zedekiah's to Ahab Go up to Ramoth-Gilead and prosper when its Go up to Ramoth-Gilead and fall Do not as the Oracles of Apollo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 speaks as Philip would have it let the Counsel of peace come from you and if possible let your advice be the period of every Cause the end of Counsel is not strife but cessation 2 Sam. xx 21. They asked Counsel at Abel and so they ended the matter Let us come to you as to the Oracles of God for truth and faithfulness The Rabbinical Apophthegme is something tart Cave tibi ab co 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Qui consulit tibi secundum viam suam Beware of him that gives thee Counsel rather for his Commodity then out of Conscience then Absalom his Counsel will be given every mans Cause will be right and his adversaries wrong and so a man shall seem just in his Cause till his neighbour come and search him out Prov. xviii 17. In your pleading at the Bar Consider that the Advocate or Counsel the Jewes called him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dulcescere to sweeten then it tells you you are by all your verbal ingredients to sweeten the Law not to turn it into gall and wormwood But if from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eludere or deludere then it tells you by an Antiphrasis that you are not per verborū aucupia tendiculas as Tully speaks by cunning constructions Artifices to rack the Law wreak the Innocent You speak before that God that gives you in charge Exod. xxiii 1 2. Put not thine hand to the wicked neither shalt thou speak in a Cause to wrest Judgement not a word for a bad Cause not a word against a good one let neither the depth of an Achitophel nor the flourishes of a Tertullus neither Policy nor Oratory be employed against right and equity Let not the Law which is the hedge of common interest appear to be made onely of thorns to prick and wound nor the cloud of Justice which should overshadow and relieve us Be like that which pluit super eos laqueos is dissolved into snares to involve us Raise no dust to darken a clear one nor bring varnish to help the paint of a foul Cause The woman which sits in the midst of the Epha which is wickedness Zach. v. 8 9. having conceived and grown big and now ready to bring forth lend not your hand to deliver the monster where your judgement and consciences conclude the cause bad Let your tongues cleave to the roof of your mouths with St. Pauls resolve 2 Cor. xiii 8. I can do nothing against the truth but for the truth Your Barre contests are Status Causae where as in our bodies the Disease and Nature so here Right and Injustice are striving for predominance do but thus conclude that you are pleading before Gods Tribunal and then you will leave a bad cause to speak for its self 4. The Text directs a word to the ●ury you are vested with a sacred power and your Oath is a sacred Bond. You are Judices facti Judges of the fact and immediately lead ad judicium Causae to the judgement of the Cause You are the persons to whom all persons concerned in judgement look you are to look upon the Prisoner at the Bar to you one directs his Complaint and to you the other his Defence to you the Witness directs his Evidence and the Counsel their Plea and the Judge for his Sentence looks to you and God in judgement looks upon you you had need look to your selves Let God and the Countrey go together in your Verdict in truth righteousness 〈◊〉 your work to prepare an even way 〈…〉 your Sentence of the fact to the Judg●… 〈…〉 Law Your Verdict is Crisis Causae 〈…〉 the Cause Let not Justice have a b●… indication in that Critical hour when you go from the Bar to consult and return to give your Judgement God is with you in both Be not led aside by fear favour or feud be not perswaded affrighted or bribed into a false Verdict let not God nor the Gods finde from you a lazy or idle Verdict hudled up to save the labour of weighing the evidence and circumstances nor a sordid and covetous Verdict to take the advantage of more Causes Act by Conscience not Contagion by reason not an implicite saith Non quâ itur sed quâ cundum let Conscience speak before your Foreman Let not errour in Judgement lye at your doors The Talmudists have a saying for you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nè Judices proximum tuum donee pertigeris ad locum ipsius Judge not thy Brother until thou hast set thy self in his stead Bring no other Verdict against him then thou wouldst be willing he should bring against ●●ee or thou bring against thy own soul In a word let all persons concerned in Judgement so speak and so do as they may not through inadvertency have cause to say as Jacob did once God is here and I am not aware of it The Text is your sufficient Caution he stands among the Gods the Judgement is his and therefore they are called Gods Lastly the Text speaks by way of special application my Lords to you the Judge is called by the Ancient Jews 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Lord of Judgement or the Judge of the Law They shall stand before the Lord before the Judge Deut. xix 17. your power is from him your work tends to him your persons represent him you are Gods and your Judgement is his and this the Text tells you and therein what you owe both to God and us in which I shall not be your Magisterial Dictator but your humble remembrancer The Text telleth us 1 Kings x. 19. that Solomon had a Throne that had six steps to it and the Jews tell us further that upon those six steps there were inscriptions and upon every step a remembrancer that he might have his duty both in his eyes and eares That when the King ascended up the first the Officer cried 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wrest not Judgement When he went up the second the Officer cried 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Respect not persons When upon the third he cried 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Take no bribes And thus every step until he came to sit down upon his Throne that as in the Temple they had their Canticae graduum Songs of degrees so they had upon the Steps of the Throne Admonitions of degrees also And this is no more then the Persian King was wont to have one to cry 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The English whereof I cannot
Image of God 1 Cor. 11.7 And certainly none can impart the Image of God but God himself and the clearer we see the lines of Dominion and Power drawn over any Person the nearer he comes to the Deity And it should be a Noli me tangere to all tongues and hands of violence Touch not mine anointed It is storied that Phydias a Painter at Athens did so curiously intermix the Picture of Minerva the Goddesse and his own together that no one could deface the one but they must deface the other hereby expecting that the Picture of the Goddesse should be the dreadful Protectrix of his Effigies But sure we may be that God hath so curiously enamel'd his Own and Mans Image together in a Magistrate that none can deface the one but they must deface the other hereby expecting that his Image on a Magistrate should be the Dreadful Protector of his Person and Power Let no bold hand invade or usurp Christs Charter which is to put down all Power Authority and Rule as 1 Cor. xv 24. for Christ himself is to do it when all derivations must revert into their Original and he will call in all his Commissions and Christ himself must surrender That will be to make God All in All but for man to preoccupate Christ in that work will make God Nothing at all Those filthy dreamers the Apostle speaks of Iude viii who despise Dominions dreamers they are and filthy ones also they do but dream because the Scripture cannot be broken We read of two Rods the one of Moses the other of Aaron The Rod of Moses as a Prince the Rod of Aaron as a Priest The Rod of Moses as a Prince swallowed up all the Rods of the Magitians Exod. vii 12. and the Rod of Aaron blossom'd and brought forth ripe Almonds without Earth Numb xvii 8. to shew that these two Moses and Aaron or as Zach. iii. and iv Chapters Zerubbabel and Joshua Magistracy and Ministry are those two Sons of Oil which as Zach. iv 12. as two golden pipes empty the Golden Oil out of themselves and are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 standing Pillars that shall stand before the Lord of the whole Earth And men shall find it as easie to disanul the Law that the God of Nature hath made betwixt Day and Night Summer and Winter as to reverse that Covenant that he hath made with David his servant as a Prince and the Priests his Ministers Ier. xxxiii 20 21. and thus they are dreamers But they are filthy ones also thus the Apostle calls them they defile the flesh Jude viii and therefore despise dominion that there might be no heir of restraint to be a terrour to the evil thus making provision for the lusts of the flesh that as when no King in Israel they may do every one what is good in his own eyes thus they are filthy dreamers And it would do well for men to consider that the Rod of Moses when it was thrown upon the ground was turn'd into a Serpent Exod. iv 3 4. Let us take a survey of that Text And hesaid cast it on the ground and it became a Serpent and Moses sled from before it and the Lord said put forth thine hand and take it by the tail and he put forth his hand and caught it and it became a Rod in his hand We have seen the lively Comment upon this Text. The Rod of our Moses hath been thrown to the ground our eys have seen it and it then became a Serpent and we have felt it and our Moses himself fled from before it and we lamented it but now God through mercy hath inabled him to take that Serpent by the tail he hath caught it and it became a Rod again and a strong Rod to rule and our souls rejoyce in it But hence let all know that Moses Rod cast upon the ground will become a Serpent and that will carry a severe sting in the tail of it They that resist shall receive to themselves damnation 2. The second Application will run something more special to those that are concern'd in matters of Judgement this day whether they be to stand before or to sit upon the Seat of Judgement And first to those that are to stand before it either as Plaintisse Defendant Witnesses Council or Iury. I know the claims of Custome and the great Concerns in Judgement call for a particular word to every one of these I shall not be so prodigal of that little time I have left as to expatiate too much upon every Topick or Common Place onely I shall make use of this one Director in the Text unto them all successively which may help them in the matters of Judgement and it 's this He hath said they are Gods act by his Power are imployed in his Work the Judgement is Gods and God is with them in Judgement 2 Chron. xix 6. and God judgeth and standeth in the Congregation of the Gods Psal lxxxii 1 2. Therefore my advice to you all in what relation soever you stand as it 's given to my hand is this Deut. xix 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As the Arabick version reads Sistent secoram Iehovah Let them set themselves before the Lord. So speak and so do as before the Lord and as 2 Chron. xix 7. Let the fear of the Lord be upon you take heed and do it 1. To you who are Plaintiffs and Defendants whom the Jewes call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Viri litis I hope it is not according to the proper Idiom of the language which intends the signification that you will prove your selves litigious and contentious men or men of contention Yet you must know that in all Law-contentions there must be either an unjust complaint or an unjust defence and there lyes the contention to you I speak who have any Causes to be heard before the Gods this day Know that it is before the Lord you bring your controversies Let them then be worthy such an inspection to whom it is iniquity and a grievance to find men to be the raisers of strife and contention Hab. i. 2. Indeed the ancient Jews have a saying Cui est Judicium causa an t lis accedat Judicem and it s but the transcript of the divine rule and that gives the true English of it Deut. xix 17. Both the men between whom the controversie is shall stand before the Lord and before the Judge But then you must know they must be neither the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor the Prophets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neither the smallest matters 1 Cor. vi 2. nor unrighteous actions Isa x. 1. neither trivial nor unjust we should not trouble Gods Tribunal with that which wants either weight or right such are better compounded then carried the one being against the Majesty the other against the Justice of that righteous Judge who standeth amongst the Gods Petty Suits are the scab and unjust ones the leprosy of
made for the ungodly 1 Tim. i. 9. and that restraint best acted which is done by an heir of restraint who hath right as well as might the word signifies both possidens regnum and haeres interdicti a possession of the kingdome and an heir of restraint We have blessed be God possidens regnum one that now possesseth the kingdome and as a greater mercy haeres interdicti also whose right it is Let not the restraint be wanting My Lords it will lye at your doors for our haeres interdicti Our Gracious Sovereign out of his pious and princely care hath publickly and passionately declared his Royal displeasure at and dislike of the prophaneness and debauchery which abounds in the Nation and hath in Print charged us to stir up those that are in Authority to put forth this restraint by execution of those good Laws in this case provided I humbly therefore being backed by the commands of God and Man press this upon all that are in place and power to give a curb to this growing wickedness The well-temper'd Spring loseth its virtue and strength if the lesser wheels and balance that should regulate the motion be out of tune Let Eli his Sentence caution you 1 Sam. iii. 13. for the iniquity that he knoweth of Qui non vetat quum potest jubet He that restraineth not commands as Ministers contract the guilt of those sins they do not reprove So Magistrates of those things they do not punish They became vile and thou restrainest them not I said thy house should continue before me here is the Amarti in the Text I have said And though men and devils cannot disannull his word yet God himself can reverse it But now be it far from me Those that honour me I will honour and they that despise me shall be lightly esteemed 2. You are Gods then let God be your Rule and Exemplar in Judgement bee as he is and do as he doth in Judgement Baldaeus telleth us that there ought to be a double salt in a Magistrate Sal Scientiae and Conscientiae the Salt of Science and Conscience by the one he will know what to do by the other he will do according to what he knoweth 1. Sal Scientiae the Salt of Knowledge and that is either Juris or Facti Knowledge of the Law or knowledge of the Fact First for the knowledge of the Law A Judge must be a man of knowledge Provide able men saith Jethro to Moses Exod. xviii 21. they must be Viri virtutis Men of inward strength As Apollos was said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mighty in the Scriptures so must they be in the Law God is stiled a God of Knowledge and by him all actions are weighed 1 Sam. ii 3. The knowledge of a Magistrate is his ballance wherein he doth librare Iustitiam weigh forth Justice to others it is his Standard and Rule whereby he measureth the actions of men But of this My Lords when I speak before you I may without flattery apologize with St. Paul to Agrippa Acts xxvi 2. I think my self happy that I am to addresse my self to you who are expert in the Laws and Customs of our Nation Secondly for the Scientia facti the knowledge of the fact it is as necessary When a Magistrate walks on in darknesse he must stumble and the foundations of the Earth will be out of course Quum judicas cognosce is the monition of a Heathen When thou judgest know what thou judgest A Judge should be to the people instead of eys God himself will know and see before he striketh Gen. xviii 21. I am come down to see whether sins be according to their cry Quanquam Deo aperta tamen non punit Audita sed visa They were well known to God so that not out of his own necessity but for our Imitation he punisheth not what he heareth but what he seeth Christ as Iudge Isa xi 3. Not according to hearing of his ears or sight of his own eyes but with righteousnesse shall he judge My Lords your Sentence is Terminatio Causae the termination and period of every Cause One word from you in the Prophets phra●● destroyeth a man and his house even a man and his heritage and therefore your Sentence had need be well grounded the Judges Sentence must be the ●sh●e of examination and deliberation Let it be true that he is to proceed secundum allegata probata it must be examinata also as God himself came to examine whether Sodom's cry was true and Deut. xix 18. If a false witnesse rise up against a man to testifie against him that which is wrong the Iudge shall make diligent inquisition And Iob cleareth himself thus The cause which I knew not I searched out Iob xxix 16. The Jews had a Saying to this purpose In ostio caulae verba sed intra septa ratio Words may be in the door of the fold but reason and understanding must be within the hedge God himself doth librare Iustitiam weigh his Justice And Astraea you know the Hieroglyphick of Iustice as she hath a Sword in one hand so she hath a pair of ballances in the other to tell you that you must ponder and weigh before you strike The Rabbins have an elegant Saying here 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beatus est Iudex qui fermentat suvm judicium drawn from the Israelites who because of their haste could not stay to leaven their bread the meaning of it is That Iudge doth well who is not hasty in Iudgement Deliberation and Consultation is the fermentation of Iudgement not as David in haste gave Ziba Mephibosheth's Land and at the best bad them divide it Mistake not the Hieroglyphicks of Iustice so because Iustice was pictured blind therefore a Iudge must put out his eies he must be quick sighted in every thing but what may tempt him to pervert Iustice 2. There is required Sal Conscientia the Salt of Conscience that he may do according to what he knoweth this telleth you that you must do Justice Effectually and do it Impartially First Do it Effectually God doth so he is known by the Iudgement which he executeth Psal ix 16. and so should you make it your businesse to execute true Justice as God prepares his Throne for Iudgement Psal ix 7. Will God pervert Iustice is an Interrogatory that he vehemently denieth Iob. viii 3. it 's far from God it should be far from a Magistrate as one of the greatest Soloecismes that can be committed Injustice in a Judge leaves injustice at Gods Door and shall not the Iudge of all the World do right One foul Sentence is of more dangerous import then many foul examples the one corrupts but the stream but the other the fountain as Prov. xxv 26. Fons turbatus vena corrupta est justus cadens in suâ causâ coram adversario A troubled Fountain is a just man falling in his cause before the wicked The Jews have