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A77114 Jus poli et fori or, God and the King. Judging for right against might. As it was delivered in a sermon before the honourable His Majesties judges of assize in the cathedrall church of Lincolne, Septem. 10. 1660. / By Edward Boteler, sometimes fellow of St. Mary Magdalen Colledge in Cambridge, and now rector of Wintringham in the county of Lincolne. Boteler, Edward, d. 1670. 1661 (1661) Wing B3802; Thomason E1813_1; ESTC R209777 30,183 78

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Manna indeed that will drop into their mouths and no diet so sweet as the bread of idlenesse Indeed he must either eat that or starve for his own crop will not afford him bread do but see it and you 'l say so Pro. 24.30 31. I went by the field of the sloathfull and lo it was all grown over with thornes and nettles had covered the face thereof The wise man by an elegant Mimesis brings him in the person posture Vers 33. and language of the sleeper Yet a little sleepe a little slumber but this sinite paululum ibit in Longum as St. Augustine all 's little with them and their little wil never be enough Ep minondas It was the saying of a Captain who ran his sleeping Sentinel through talem reliqui qualem inveni I left him as I found him You into whose hands God hath given the Sword of Justice as you may not kill these sleepers upon that single account so neither will you I hope when you meete with them leave them as you found them Especially remembring that expression of our Saviour's Mat. 25.26 Thou wicked and sloathful servant â nequaquàm facilè transitur ad nequam Idle will soon be evill 1 Pet 2.14 and you are for the punishment of evill doers And another sort of Poor there are by the hand of negligence which I humbly crave leave to mention in this place because they have hitherto pass'd with little or no notice from the Magistrate and I know some places have been pester'd with them I mean a running sort of Sectaries that are first idle-headed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and then idle-handed creeping into houses and are commonly as poore as they can creep and these skrew themselves into the opinion affection of their Proselytes so far till they call them from their callings and make them spend themselves in frequent treatments of their seducers The former Solomon calls sleepers and these St. Jude 8. Jude calls dreamers filthy dreamers despising dominion and speaking evill of Dignities These religious kind of Vagabonds pardon the expression having got a stocke of Confidence and Canting presently set up for themselves traverse the Countrey and scatter up and downe their wilde and empty discourses against Magistracy and Ministry Church and Church-Government maintenance by tythes and Paedobaptisme and like Theudas Acts 5.36 boast themselves to be some body to whom a number of men joyne themselves as in the late dayes of desection and I wish I could not say at this day So that what Pharaoh with cruelty enough charged upon the poor oppressed Israelites will without breach of charity be the crime of these Errants Exo. 5.17 You are idle you are idle and therefore you say let us goe and do sacrifice to the Lord and some such employment as the Israelites had would be fittest for them Verse 12. Better they were scattered abroad throughout all the Land though but to gather strawes then suffered to meet in such riotous numbers to spread their Heresies and Treasons They are the first and worst sort of poor let them be judged but with judgement in the sharper and severer sense So Hee shall judge the poore of the people Poore by the hand of negligence they are the first 2. There are the poor by the hand of Violence Some that make themselves poor and it is pity but they should be so by laying violent hands upon their owne estates Such the proud that wear out their Lord-ships upon their backs Such the riotous that sends an estate down his throat and consumes all upon his belly Such the gamester that crumbles it away with his fingers Such the Litigious that quarrels it away at the Barr and will be never the wiser for the proverb that tells him Lawyers houses are founded upon the skulls of fooles Such poore will finde no relief by the judging of the Text. But there are some made poor by the violent hands of others such who knew no goods to a good conscience and have lost all to keep faith unfeigned as resolved as Job Job 27.5 till I die I will not remove my integrity from me Heb. 10.34 As stout as those noble confessors that tooke joyfully the spoyling of their goods knowing they have in heaven a better and more enduring substance Keeping possession of their inward peace against all assaults it being indeed the unplunderable riches of a Christian standing unbroken unshaken in their profession and Loyalty even when times were like those ante-diluvian dayes corrupt before God Gen. 6.11 and the earth was filled with violence There is a He that will judge this poore of the People and therefore you sons of Violence whoever you be rest not wholly in an Act of Grace here below for which you have cause to bless God and the King and much good may it do you but sue out your pardon above too and to your impunity add your repentance For if the Judge called him foole Lu. 12.20 St. August who laid up his owne goods vos illi invenite nomen qui tulit aliena Finde a name bad enough for him if you can who takes away another man's And if the sentence shall run so severe against negative offenders I was hungry you gave me no meat Mat. 25.42 43. I was thirsty and you gave me no drinke I was a stranger and you tooke me not in naked and you cloathed me not sicke and in prison and you visited me not how dreadfull must the doom needs be against all positive impiety against such as took meat from his mouth cloaths from his back turn'd him out of his owne doors and cast him into prison He shall judge the poor of the people Poor by the hand of violence they are the second 3. There are the poor by the hand of Providence such to whom the hand of Heaven hath carved more sparingly and given a shorter allowance in the things of this life This sort of poor are one of the standing Orders of the Creation the great and only wise God having disposed of the Inhabitants as of the Earth it selfe raising some into mountains in estate and dignity and laying others in the plain and levell of a meane and indigent condition These are God's poor he makes them he keeps them He takes notice of them and cares for them His notice is observable in that whereas he calls the rich man by an Appellative onely Luke 16.19 20. he ownes Lazarus by a proper name His care is remarkable in that he is said to prepare for them Psa 68.10 Thou O God hast prepared of thy goodnesse for the poore As if they were such extraordinary Guests they could not be treated without preparation The rich have got all they 'r like to have Luk. 6.24 Woe unto you that are rich for you have received your consolation The estate of the poor lies in hope he 's but preparing
thing Eccl. 12.14 whether it be good or whether it be evill He shall judge the poor of the people c. And he is commissioned too in answer to the other querie He brings his authority with him for on his vesture and on his thigh he hath a name written King of Kings Lord of Lords Rev. 19.16 Isa 9.6 It is He whose name is called Wonderfull Counsellor the mighty God the everlasting Father the Prince of Peace Lu. 1.32 33. It is He who is great and called the son of the Highest to whom the Lord God hath given the throne of his father David and he shall reigne over the house of Jacob for ever and of his kingdome there shall be no end Psal 19.6 It is He whose going forth like that of the sun is from the end of Heaven and his circuit to the ends of it Mat. 24.30 Chap. 25.31 It is He who shall come in the clouds of Heaven with power and great glory and all the holy Angels with him Rev. 20.9 It is He who shall sit on the great white throne from whose face the Earth and the Heaven shall flee away and there shall be no place found for them It is He before whom the dead small great shall stand Rev. 20.12 and be judged out of those things which are written in the books according to their works It is He to whom the Father hath given authority to execute judgement John 5.27 because he is the son of man Jesus Christ as Mediator hath had the Scepter and rule in his hands ever since the fall and the last and great act of his Regall power shall be to judge the world to settle the eternall and unalterable estates of men and Angels 1 Cor. 15.24 and then he shall deliver up the Kingdome to God even the Father that God may be all in all This is He the first He He in the Antitype and by way of Eminency He shall judge the poor of the people c. But lest some of St. 2 Pet. 3.4 Peters scoffers should question this Judge and say Where is the promise of his coming Or some desperate daring wretch should argue himselfe into folly from the distance of the day Eccl 8 11. and because sentence against an evill worke is not executed speedily his heart should be fully set in him to do evil Here is an He in the Type too another He deputed authorized commissioned from Heaven and in trusted with the management of judgement till that day and He also shall judge the poore of the people And if you aske who he is though the matchless iniquity of the late times interdicted all mention of him with that honour due unto his Name forcing men either to cancell or conceale it and pouring contempt upon it yet blessed be God we may now speake out this He is the King He shall judge the c. Judgements is the King 's He hath it from good hands he comes fairely and freely by it Give the King thy judgments O Lord The power of judging is in the King is from him so St. Paul tells us Acts 25 10. I stand at Caesars judgement seat where I ought to be judged And Absalom as great a Rebell as he was grants this 2 Sam. 15 3. Thy matters are good but there is none deputed of the King to heare thee The hearing Causes is proper to the King and whom he shall depute It is said of Samuel when he held the Kingly power ingrossed in the Judiciary that He went from yeare to yeare in circuit to Bethel 1 Sam 7.16 and Gilgal and Mispeh and judged Israel in all those places But because as Jethro told Moses Exod. 18.18 ultra vires tuas est negotium the thing is too heavy for one Deut. 1.12 And Moses himself complaines Non valeo solus how can I my selfe alone bear your cumbrance and your burden your strife If you please wee 'l follow that Model of Jethro and take in wise and understanding men known in our Tribes that they may take off part of the burden by subjoyning with the He in the Text and helping to judge the poor of the people And the He will be He the King and He the Judge The King in person and the King in proxy The King in himselfe and the King in his substitute He that hath the primitive and he that hath the derivative power The supreme and the subordinate Magistrate the Co-Assessor Counsellor every one that is commissioned to act in matters of Justice He is the man it is He shall judge the poore of the people And that for the Agent He of whom we shall speak no more single but as he falls in with the severall Acts and Objects to which we now proceed beginning with the First Judge He shall judge And here we shall not make a stirre about judging To judge in its highest signification imports to Rule to exercise the supreme power to hold the reines of Government in the hand and stit at the Stern To command in chiefe and give Laws Victorque volentes Per populos dat jura So the Chieftaines in the polity and Common-wealth of Israel in the nonage of Kings or in the inter-regnum rather Deu. 33.5 betwixt Moses who was King in Jeshurun and Saul the first annointed are said in their several Generations to have governed Israel But we shall wave this and other significations lesse of kinne to our purpose and speak of such onely as may goe along with our sense and be of concernment to us The whole business of judging takes up in these two Oppressos liberare Oppressores coercere to support the poor and oppresse the proud that 's judging Or thus there is judicium comprobationis condemnationis a judging for and against 1. There is a judgement of comprobation a judging for in the safer sense a laying out of intrusted power for the behoofe of those that want it Judicare aliquem Ribera in Hos a p. 3. n. 95. est sententiam pro illo ferre To judge a man is to give sentence for him to appeare for his rescue Isa 1.17 Or let the Prophet english it Seeke judgement relieve the oppressed judge the fatherlesse plead for the widow This is a judging for and is sometimes rendred a delivering As David in his compurgatory speech and selfe-vindication against the cruel causeless and unhandsome persecution of Saul The Lord be judge 1 Sam. 24 15. and judge between me and thee and see and plead my cause and deliver me out of thine hand They that are skilfull in the left-handed language Plurimi ln bonam parte interpretantur judicandi vocabulum ut sit defendere ac tueri destitutos opisque indigentes Lovin in loc render it indifferently judge or deliver or by judging deliver And therefore what is here judge in the other Translation we have keepe
or preserve He shall keep the simple folke by their right And the following words are exegeticall or expository tell us what it is to judge he shall save To save to keep to deliver this is to judge to judge for to judge in the first sense Oppressos liberare He shall judge the poore of the people 2. There is a judging against and in the severer sense and that is all one with condemning Heb. 13.4 Whoremongers and Adulterers God will judge that is in plaine English condemne So St. Chrysostome and other Fathers understand that of the Apostle Know you not that we shall judge Angels 1 Cor. 6.3 that is evill Angels whom we shall as glorious Co-assessors with the righteous Judge arraign sentence and damne to their miserable eternity Quae res Daemonibus superbissimis molestissima erit poena sayes the learned Suarez It will be a cutting tearing torment to the proud Devils to see the victorious insultings of the Saints that they of whom they have been the accusers shall now be their Judges and sit upon their Condemnation and this is judging in the second sense to judge against Oppressores coercere To breake in pieces the Oppressour So that these two sorts of judging sute with the two sorts of men in the Text. Here is the judgement of comprobation of deliverance of salvation and that 's for the poore of the people and children of the needy And Here is the judgement of Condemnation that 's for the wrong doer the Oppressour And shall break in pieces the Oppressour And that both these judgings may be regular and right they must be made up of these three principall Ingredients The Judge must Examine Discern Execute 1. The Judge must examine which is so necessary that without it he cannot be a Judge Qui statuit aliquid parte inauditâ alterâ aequum licet statuerit Seneca ipse hand aequus fuerit To do right without hearing is to do wrong What an ingratefull Traytor was Mephibosheth whilest Zibah's story was told onely 2 Sam. 16.3 But let him have a hearing and how faithfull was he his words are the very breath of Loyalty Let him take all Chap. 19 30. forasmuch as my Lord the King is come againe in peace into his owne house Lud. de vita Christi p. 1. c. 83. n. 2. John 8. Judex igitur qui audit accusantes non debet statim sententiam dare sed discutere sayes Ludolphus upon our Saviour's writing on the ground at the accusation of the woman for adultery The Judge is to take discussion in his way to determination The Judge of all the Earth hath cut us out this method in his own proceedings in the case of Sodome who though he sees the most secret prevarications of the heart the very first tendencies to sinne and so seeing those monsters in their conceptions cannot but know them in their growth and height And though those wretches were both Accusers and Witnesses and gave in a Declaration against themselves insomuch that impudent sinners are after said to declare their sins as Sodome Yet Isa 3.9 I will goe downe saith God Gen. 18.21 and see whether they have done altogether according to the cry of it which is come unto me and if not I will know Nicodemus gave check to the whole force and fury of the chief Priests and Pharisees against our Saviour with his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth our Law judge any man before it heare him John 7.51 And well had it been if some had had either the courage or the conscience to have said as much for our Law We all know who complained sadly that he could not be heard But the just and righteous God hath heard him and now he is making inquisition for blood Psal 9.12 He remembreth him he forgetteth not the cry of the humble But I would touch that sore gently To examine that 's the first ingredient in judging 2. The Judge must discerne see into the substance as well as heare the sound of the Cause Though he must have no eye for persons yet he should be all eye for Causes that he may look through all those Tinctures and complexions which are laid on with so much art upon the face of falshood It was Saint Pauls happinesse that he might make his defence before Agrippa Acts 26.3 whom he knew expert in all customes and questions which were among the Jews When poore Truth comes to the Bar assaulted by all the powers of wit and art perplexed with difficulties and doubts and intricacies then well fare a sagacious Judge that can expedite her and set her free The word of my Lord the King shall now be comfortable 1 Sam 14.17 saith the woman of Tekoah for as an Angell of God so is my Lord the King to discerne good and bad It is no small comfort to a People when their King and the Kings Ministers are terrestiall Angels for their knowledge and intuition 1 K. 10.9 Blessed be the Lord his God which delighteth in the King to set him on the throne of Israel because the Lord loved Israel for ever therefore hath he made him King to do judgement and justice And blessed be God for a more knowing and learned Magistracy that the Judges of the Earth are more instructed then formerly never more need of them Time runs low the very dregs and all come Impostors Hypocrites Pretenders these over-run us sagacious Judges are necessary are seasonable To discern that 's the Judges second ingredient 3. The last but not the least is Execution The Scire justitiam we have spoken of discerning knowing Justice that 's something but that 's not enough no nor Diligere justitiam neither which goes further to love justice so must every one Nor doth Quaerere justitiam to seek justice carry it high enough for the Jury must do so as well as the Judge but to execute it that all that is his charge Execution though sometimes the death of the Offender is always the life of the Law When we read of Idolatry Rape and other wilde exorbitances in the book of Judges the holy Ghost that we might not misse the cause of such misdemeanours Judg. 18.1 Ch. 19.1 Chap. 21.25 gives us it no lesse then three times non erat Rex In those dayes there was no King in Israel none to invigorate and put life into the Lawes all was either dead or dormant they had no head to discerne no hand to execute justice there was no King in Israel Execution in a Judge is like Elocution in an Oratour it is primū secundum ultimum it is all in all Travailers tell us of a law in Rhodes that none should shave and yet observed that none or few in the Isle were unshaven It was vox praeterea nihil a Law talked of but was nothing for want of execution And is not our Island a transcript of that have we not