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A00583 Eirēnogonia, or The pedegree of peace deliuered in a sermon intended to the iudges at the assises holden at Okeham in Rutland, Iuly 31. 1629. but after vpon an occasion, preached at Vppingham, in the same countie, Septemb. 6. 1629. By Antony Fawkner, Master of Arts, late student in Jesus Colledge at Oxford. Fawkner, Antony, b. 1601 or 2. 1630 (1630) STC 10719; ESTC S101865 18,494 34

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〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Betimes early Sophocles in Electrá in the morning will I destroy the wicked of the Land Ps 101.8 By this then it is manifest that Iustice giues freely deliberately and as the case requires speedily The next Quaere is What she giues Her proper Obiect Ius or Iustum What is right and due Doe you inquire what that is the Schooleman defines it to bee Opus adaequatum alteri secundum aliquem aequalitatis modum Aquin. 22. q. 57. art 1 2. An action squared and proportioned to anothers benefit or losse according to the equalitie of desert Now this equalitie ariseth either ex naturâ rei from the nature of the thing as if I lend so much from the principles of Nature in a Practicke Syllogisme conscience concludes that so much is to be restored againe or else this adequation or equality proceedeth ex condicto from a mutuall agreement which againe is either priuate betwixt person and person or publike by common consent and vnanimous agreement of the publike Magistrate and people From the first ariseth the iudgement betweene priuate contracts from the second that concerning publike Edicts It followes then Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iustice respects an equalitie and that equalitie intimates a twofold proportion one is inter rem rem as betwixt the traffike and the value about which the commutatiue part of Iustice is conuersant Aquin. 22. art 2. Arist Eth. 5. the other is inter rem personam betweene the Person deseruing and the Reward which by an equall distribution is adapted Barnab Brisson de Reg. Pers l. 1. or fitted to the persons deserts by that other subiectiue part of Iustice to wit Distributiue The Persians religiously obserued both parts but iust Aristides extols them for the latter Aristid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They requited not a multitude of honourable attempts with few gifts nor great deserts with smal rewards And loe the Precept of the Lord commands both parts Iust ballances iust weights a iust Ephah and a iust Hin shall yee haue Leuit. 19.36 and the Labourer is worthy of his hire Luk. 10.7 From these are euident the definition of this Ius or right and it is necessity This is that Palladium that Image of Pallas that Statue of Iustice fallen downe from Heauen into our Common-wealth which being religiously preserued our Cities are conserued from hostile violence and vpon whose violation Iustice it selfe immediately or at least by a sudden consequence receiues the afront and the reason is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that iniures the picture Georg. Hemis in Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex Proclo reproacheth the person whose the picture is now this Iustum or Right is the liuely image the true protraiture of Iustice which as she renders what is Ius or Right so to each one Ius suum what is his owne proper and peculiar right In matters of possession Iustice takes not notice of conueniency but Due It preserues inheritance and that iustly yea oft-times to the bad not because he deserues it but because t is his That Story of Cyrus when he was a boy is as vsefull as elegant Being at the Schoole of Iustice Xenoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereof wee spake before it was his turne to decide a controuersie betweene two of his play fellowes the one being a great boy that had a little coate the other being a little boy that had a great coate and one at strife for the others garment He as hee thought most conuenient iudged that both should change sentencing the larger coate to the bigger Lad and the lesser to the smaller But what followes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hee was punished by his Tutor to make him remember that Iustice respects the right of possession more then the conueniency it giues to each man what is his peculiar owne by Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wherefore the Iudge ought not to square his sentence by seeming expediency but by the Law Hence it is manifest that the goodnesse of Iustice is not terminated in the person of the iust administratour but as more selfe-communicatiue then the rest of vertues extends her benefits ad alterum to the commoditie of others yea ad omnes euen vnto all for she giues what 's due vnicuique Plutarch in Iside to euery one She respects no persons for she sees them not The Thebanes painted her without eyes or if shee haue any they are not in her owne but in the Iudges head for him indeed Cyrus stiles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Seeing-Law Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But how Marry he hath an eye to see but not to pitie an eye of vnderstanding to search out the sinne not an eye of partiality to fauour the delinquent Respect of persons then is the reiection of Iustice and by it wee may become Iudges But of what Of equity No but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of euill thoughts Iam. 2.4 From these then we may of a truth perceiue that God is no accepter of persons Act. 10.34 Yea the poore whom God seemes most to pitie and for whose reliefe as Philo with admiration of his Iustice notes he hath left vnto his people so many precepts and excitements to Mercy and compassion Philo Iudaeus de officio Iudicis euen they I say are excluded from all commiseration in iudgement and that by his owne expresse prohibition Thou shalt not countenance a poore man in his cause Exod. 23.3 Hence of so glorious esteeme in ancient time was this impartiall iustice that the Poet calles it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer ●dys lib. 4. The iudgement of the most diuine Kings And loe Saint Iames by warrant from the holy Ghost is bold to set the same Crowne of glory on her head terming her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Royall Law Iam. 2.8 And indeed why not a Royall Law Theod. Beza in loc cit if a Law so supremely generall For the performance of it is the performance of the Law I coniecture Saint Iames thought so when hee made a direct Antithesis betweene 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acceptation of persons and loue to our neighbour which is the performance of the Law Ro. 13.9 10. His words are these If ye fulfill the Royall Law according to the Scripture Thou shalt loue thy neighbour as thy selfe yee doe well 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But if yee accept persons yee commit sinne and are conuinced of the Law as transgressours Iam. 2.8 9. Hitherto Beloued I haue shadowed Iustice and consequently Iudgement though with a slubbering Pencill together with their properties and haue prooued each of them to be seuerall Canons of Gods Law I appeale then as well to the approbation of your reason as your faith whether Dibri be of the Tribe of Dan whether Iudgement be the Father of the Law Dibri The diuision of the Law in
transgressours of his Law and in that was more religious then the accursed Marcion Iren. advers haereset lib. 3. c. 45. a blasphemer at least equall with the sonne of the Egyptian diuiding the Diuinity into two Godheads The one forsooth he called Good and stiled him The Father of Mercy the other Bad and reputes him the Patrone of Iustice As if he would make Mercy and Iustice vtter enemies and by an vniust sentence depriue Iustice of her goodnes Irenaeus in the power of the Spirit mightily confutes him Iren. advers haereses lib. 3. c. 42.43 demonstrates him as guilty of contradiction as blasphemy vnder whose victorious feete wee leaue him cloathed with shame and confusion of face mocking his foolish Thesis as apparently repugnant to the first principles of Philosophy as Theologie with a Poets fiction weighty enough to contrapoise his slender position Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iudgement is the daughter of the most high God indeed it is the worke of the Almighty Ier. 9.24 And because God saith so Epiphanius is bold to say as much with as close a tye knitting the rest of vertues vnto Iustice as the Philosopher can binde them vnto Prudence for Non aliter saith he quis fiet bonus Epiph. cont Haros lib. 1. si non fuerit Iustus if a man cannot be iust it is impossible that he should bee good To diuide honesty from vertue and goodnesse from iustice are equally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both aboue the reach of possibility And that it is a vertue Adrianus Turnebus aduersario lib. 8. c. 20. the Coryphaeus of our Moderne Criticks not to talke of Aristotles Media induceth Vlpian to conclude from the definition of Iustice viz. that it is voluntas constans perpetua A constant and perpetuall Will so Stoically both arguing it to be a vertue and distinguishing it from the perturbations mutability by a solid fixed and perseuering constancie yea in one eminent acceptation Aquin. 22. q. ●8 art 6. in corpore in regard of her generall direction she may iustly be stiled Omnis virtus The whole vniuersalitie of vertues as guiding them al to the common good as charity directs them to the Diuine Good All which may challenge their euidence from the office of Iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aquin. in Arist Ethic. lib. 5. cap. 1. lect 1. Ambros lib. Offic. suum cuique tribuere to giue euery one his owne to God and Man and to Man and Man S. Ambrose addes Alienum non vendicare propriam vtilitatem negligere vt communem aequalitatem custodiat Not to lay claime to our neighbours goods but to preferre the generall equitie yea to our owne profit Loe then beloued Iustitia tribuit c. Iustice giues what is due she doth not sell it Iust weights poyze her ballance not a heauy purse and to declare her innocency concerning rewards the Thebans painted her without hands Plutarch in Iside Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iustice is a Virgin pure immaculate vndefiled incorrupt wherefore it is impossible she should associate her self with base mony-gods whose gaine is their godlinesse and are therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 corrupt in minde 1. Tim. 6.5 Spirituall Fornicatours for their hearts haue gone a whoring from the Lord Eccles 46.11 Wherefore Vlpian doubts not to stile honest Lawyers Sacerdotes Iustitiae the Priests of Iustice Turneb aduersar lib. 8. c. 20. emulus as Turnebus coniectures of the Stoicks sincere wise man Irenaeus aduersus haeres lib. 4. cap. 20. sect 2. to whom onely they vouchsafed the title of a Priest And doth not Iraeneus astipulate Omnes Iusti Sacerdotalem habent ordinem Let any expound the word Iusti in as large and generall sense as hee may yet in this I suppose I erre not The integritie of a righteous Iudge may adde vnto his Honour the reuerend title at least of a Lay-Priest such a proportionall Anallogie betweene their Callings is grounded vpon the vprightnesse of their actions It was death amongst the Romans to receiue a bribe especially in a cause of death Yea the Acilian Law did prosecute this sharpe decree against the person accused with such iust seuerity Pompon Laetus de Legib. 1.5 that there was admitted no Iusiitium no Dies Iustus but he was immediately condemned sine ampliatione aut comperendinatione without any delay of Demurre Adiourning Court or possibility of repriue I need not tell you how Darius fastened corrupt Sandoces to the tormenting Crosse Barnab Brisonius de reg Pers lib. 1. nor how Cambyses caused Sisamnes skin to be plucked off and spread vpon the Iudges chaire placing his sonne first in it that by the balefull spectacle of his fathers hide hee might be deterred from peruerting Iustice by receiuing bribes Wherefore hauing spoken of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 very briefly yet as much as needs my theame being still of Iustice and Iudgement I passe vnto two other inconueniences in their administration Too sudden expedition and delay From the first of which Epiph. lib. 11. c. de Manichaeis Epiphanius testifies the Persians to bee so free that in the most capitall offences they were slow to punish supposing that in causes concerning life no time was long propeque esse vt lubenter condemnent qui cito Barnab Brison de reg Pers li. 1. as Brissonius amplifies They thought the condemnation halfe voluntary and consequently vniust if very sudden It is obserued from a Rabbi Targum Ionath Mumb. 9 8 c that there were foure causes brought vnto Moses two were respectiuely of small moment in which he made haste one was the matter of vncleannesse keeping from the Passeouer Numb 9.9 the other was the case of Zelophebads daughters concerning their inheritance Numb 36.10 The other two were of greater weight as touching life and death in which he delayed The first was the matter of the Blasphemer in my Text the second that of him that brake the Sabbath in gathering sticks Numb 15.35 yet in none of all these cases was there more haste then good speed for in them all saith my Author Moses answered Non audiui Godwin Moses Aaron l. 5. c. 6. I haue not heard to wit from the Lord intimating that deliberation ought to accompany iudgement sentence not to bee pronounced before consultation with God For concerning all these cases the Lord spake vnto Moses and in the least of them the Lawgiuer solemnely bespeakes the people to stand still ego audiam and I will heare what the Lord will command Numb 9.8 On the contrarie as deliberation is requisite so voluntary delayes are dangerous What iniustice doe we reade of in the vnrighteous Iudge Luk. 18.6 saue onely delay 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The sooner the Cockle is destroyed the better the Corne will grow The Royall Iudge Dauid knew it when he said