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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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is beyond measure sinful unjust and wicked They are such Artifts at Oppression that they will not allow an action or let it passe till it hath been in the ballance as if they were afraid of the least grain of injustice when indeed whole pounds will not make so much as a scruple in such mens consciences but enough of them The sycophant the deceitfull dissembling Oppressour He 's the second Violentum Let us look at him as a third The violent man the impetuous and impudent Oppressour that blusheth at nothing Isa 48.4 Jer. 3.3 having a brow of brasse a whores forehead refusing to be ashamed ranting at Jehu's rate and driving furiously as the son of Nimshi charging desperately through all Obligations honour and honesty no law can stop him no oaths can hold him He sets up and pulls down and Leviathan like is made without fear A torrent of such Oppressours not long since broke in upon this more then miserable Church and Kingdome over running all banks and bounds whose language was Overturne overturne overturne and cared not to throw the foundations of the earth out of course and unhinge the world Psal 83.2 For lo thine enemies O God made a tumult Vers 3. they that hated thee have lift up the head They tooke crafty counsell against thy people and consulted against thy hidden ones Vers 4. They said come let us cut them off from being a nation that the name of Israel may be no more in remembrance Verse 12. Come let us take to our selves the houses of God in possession Lam. 4.20 The breath of our Nostrils the Annointed of the Lord was taken in their pits of whom we said under his shadow we shall live Gen. 49.5 6. Instruments of cruelty are in their habitations O my soule come not thou into their secret and blessed be the living God V. 14. hujus Psal who hath redeemed our soul from their deceit and violence and let our blood be precious in his sight Psal 9.6 So that now I hope we may say not insultingly but humbly not upbraidingly but thankfully O thou enemy destructions are come to a perpetual end Ps 10.18 God hath judged the fatherlesse and the oppressed that the man of the earth may no more oppress The violent Oppressour Hee 's the third I shall not take upon me to give you in a Catalogue of our late new devised Oppressours the remembrance of them is grievous as the burthen of them was intollerable Besides it would over-match both my time and undertaking and I should be at a losse for their names and number they were so many so monstrous it 's well we may have leisure to forget them I wish we may do it heartily Nor would I now have remembred them had not my Text pointed at them and led me to them He that judgeth the poor and saves the children of the needy hath broken in pieces these Oppressours But we have some Oppressours of the old stampe I would we were as well eas'd of them too That we might have no racking skrewing Landlords that do not only fleece their Retainers Underlings and keep them bare but go as near as those Princes of the house of Israel Mic. 3.2 who plucke off their skin from off them and their flesh from off their bones and are as attractive of their Tenants silver as the Sferra Cavallo is of iron Br. Pseud l. 2. p. 100. which they say will not let a horse keep on his shooes by it That we might have no usurious Exactors Psal 10.9 who lieth in wait to catch the poore and ravisheth him when he draweth him into his net his intangling net of Forfeitures Mortgages and Obligations That we might have no quarrelling litigious Great ones whose full g●lls and purses know no vent but in Suits and Contentions Such the Apostle complains of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jam. 2.6 Do not rich men oppresse you and draw you before the judgement-seats and that onely ob jejunam calumniam as the Oratour terms it upon a a nice a needlesse a nothing Cavill That we might have no falshood nor treachery lurking under the long Robe in unconscionable Chamber-practice Pliny Aelian whilest like the Amphisbaena they move both wayes take a reward against the Innocent sell the Truth and drive on Judas's bargain quid dabitis Matth. 26.15 What will you give me and I will deliver him to you That we might have no elusions of right no cheats put upon Justice at the Barre by crying up Esau's hands with Jacob's voyce and decrying St. Pauls cause with Tertullus his tongue till Hypocrite-like the cause is any thing but what it seemes and seemes nothing of what it is You that are intrusted with judging the poor of the people and saving the children of the needy will I hope take care also to breake in pieces these Oppressors I shall now but speak the sense and deliver the Errand of the Text to the Judge the Oppressour and the poor of the people and I have done To the Judge first My Lords I do not I dare not take upon me to instruct you whose Commissioned merits and well fam'd abilities set you above the reach of such attempts but remember you I may I must My duty my Text commands me to it The Text tells you you could have no power at all unlesse it were given you from above There is another He whose person whose power whose Tribunall whose Attendants are above are beyond yours who shall judge and save and break in pieces when you have done O do not save what He would have broken nor break what he would save Jam. 5.9 He standeth before the door Hee 'l be here presently and he will judge all mans judgement over again Corn. a Lap. Com. in Eccl. c. 3 Hoc enim est officium Elohim ut justis Laesis suum jus famam restituat It will be the business of God in that great day to scan the causes of the world and rectifie all the errours of these lower judgements and therefore it behoves you to judge exactly if he espy the least detaining of any truth in unrighteousnesse the least connivance at any iniquity the least seducing by any passion or affection the least prevarication or obliquity be sure to heare on 't Job 31.4 Doth not he see your wayes and count all your steps It concerns you then to tread even that have such a looker on Act 24.25 Judge Foelix trembled to heare of another judgement to come thoughts of Gods judgement will notably influence upon yours You had need be better then men if possible when you remember that God sits among you especially when you remember that he shall sit upon you and that as sure as you now judge you shall be judged by him that shall judge the poor of the people and save the children of the needy and breake in pieces the
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
for the poor He will not put them off with a portion in this life with those pittifull riches Ps 17.14 of which the Father nec verae sunt nec vestrae they are neither true nor truly his that hath them but he 'l give them treasure in Heaven where their bank of happinesse is going on They shall have the riches of Grace here in earnest and he will most assuredly possess them of those untold sums of glory which out-vy the Stars They are his they must be the Judge's care He shall judge the poor of the people Poor by the hand of Providence they are the third I have now done with the Act and Object singly and by themselves let us take a short view of them joyntly and together and I shall leave this particular The poor you see are given in charge to the Judge He shall judge the poore of the people For which discharge there are these requisites He that will judge the poor of the people must be thus qualified With Magnanimity He must not be fearfull With Humility He must not be scornfull With Impartiality He must respect no persons With Integrity He must receive no gifts 1. With Magnanimity he must not be fearfull The Athenian Judges were minded of this courage by sitting in Mars street And such remembrancers to Solomon were the 12. Lions standing upon the steps of his Throne 1 K. 10.20 If there be truth in the Armorial Ensigns of the children of Israel Br. pseudodex lib. 5. cap. 10. or in the four Legionary standards under every one of which marched three Tribes the Lion was constantly the bearing of the Tribe of Judah the Royall and Judiciary Tribe And whether there be or not I am sure there is in Jacobs prophetique blessing where with the Scepter and Law-giving power he bequeaths him the embleme of a Lion He couched as a Lion Gen. 4● 9 Com. in Gen. p. 314. l. B. and as an old Lion who shall rouze him Hos leoninos Judae animos habeant duces sayes A Lapide Let the Chieftains and Judges of the people be spirited like Lions to on with courage in all their actings A poor spirited Judge is no Judge for the poor The prey is often in the very mouth of the Bear and Lion and 't will need the heart of David to make a rescue And this is one thing they are taught by being called Gods Sciant se esse Deos ut homines non timeant Corn. a Lapid Com. in Exod. That knowing themselves Gods they need not feare men not the greatest of men their frowns their threats though armed with never so much power and interest for Revenge As the shaking hand carries not true so the cowardly timorous Judge too often misseth the marke of justice Take but Moses's rule and it will keep you steady Deu. 1.17 You shall not be afraid of the face of man for the judgement is Gods Magnanimity that 's the first Requisite which he must be furnished withall that will judge the poor of the people 2. With Humility He must not be scornfull The proud was never the poor mans friend Magistrates should be like clouds exalted and taken on high by the Sun that they may with more advantage distribute their bounty to the craving ground V. 6. hujus Psal He shall come downe like raine upon the mowen grasse as showers that water the earth and sweet are those influences of justice which fail upon the lower grounds Let not your God ships swell you above the bigness proportion of men if they do Psal 82.7 remember I beseech you there 's a Moriemini will spoil your Deity you shall die like men and fall like one of the Princes When you are culminant and at your highest point like the Sun let your beams even then be most powerfull and influence with life upon the lower world God's seat is higher then yours Psal 11.4 it is in Heaven and yet his eyes behold his eye-lids try the children of men do not you then overlook them Isa 57.15 The high and lofty one that inhabiteth eternity dwelleth also with him that is of an humble spirit And if he dwell with him be not you strangers to him Humility that 's the second Requisite in him that will judge the poor of the people 3. With Impartiality He must respect no persons Not for Condition not for Relation 1. Not for Condition Ita parvum audietis ut magnū was Moses's rule must be yours Deut. 1.17 You shall heare the small as well as the great Paul with his chaine shall have as faire a decision as Bernice coming into the place of hearing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with all her fantastique pomp and bravery If that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as St. James calls him that gold-fingered man carry all and the poore man in vile raiment be set sub scabello Jam. 2.2 3 4. under your foot-stool Are you not then partiall in your selves and are become Judges indeed but it is of evill thoughts We read of twice when all men meet without difference in their composition and first materials The rich and poor meet together Prov. 22.2 Job 3.19 the Lord is the maker of them both In the Grave and their last resolution The small and the great are there I pray you let them have a third meeting upon even terms even before the seat of Justice Let your Tribunall make no more difference then was in their Rise and Originall then shall be in their dust and Redaction when they shall lye downe alike in the chambers of darknesse Be as eye-less as the Athenian Judges who sate in the night when they might heare Causes onely not see persons Respect them not for their condition that 's first 2. Not for their Relation Favour looks ill-favouredly upon the Bench. Exuat personam judicis qui induit Amici He that will be a friend let him be no Judge The Magistrate must be like Levi who said unto his father and to his mother Deu. 33.9 I have not seen him neither did he acknowledge his brethren nor knew his owne children Torquatus did not Zaleucus did not the one a Roman the other a Grecian neither a Christian and yet both eminently known for their impartiall severity toward their owne sons Amica veritas Truth is the just mans nearest friend and let the Judge know no other favourite This 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this impartiality respecting no persons either for Condition or Relation that 's a third Requisite in him that will judge the poore of the people 4. With Integrity He must receive no gifts Love dazles but gifts dash out the eyes blindes them sayes he that made the eyes Exo. 23 8. Thou shalt take no gift for the gift blindeth the wise If the Cause go by gifts to be sure the poor must needs go by the worst on 't As therefore the Judge must not be
of the needy I have now done with the first generall part of the Text the defensive part of justice in it's double Act and Object He shall judge the poore of the people and save the children of the needy The second the Offensive part remains but that it may not be so to you I shall contract with as much hast as method can fairely and possibly allow And shall break in pieces the Oppressor Conteret shall bruise or grinde Ribera in Hos c. 13. n. 19. or break small Metaphora a rebus quae minutissimè confringuntur quasi in nihilum rediguntur It seems to allude to drugs or spices in a mortar which for some time rise and flye about but at length are brought under and quieted into a dust Contundet is the word some use shall bruise shall knock and by beating repress Confringet is St. Hieroms word shall break asunder or into pieces And blessed be God our Oppressours were in so many peices before a little breaking will serve the turn Comminuet Perdet are several words to the same purpose and therfore it is enough to name them shall waste destroy the Oppressour Humiliabit so the Vulgar Latine and most properly for some sort of Oppressours the affectors of Grandeur men that are leapt a great height from the ground and got aloft in the world grown into suddain estates who it is to be feared would make but a slender and faltring answer should they be asked Isaac's question to his supposed son Esau Gen. 27.20 how is it that thou hast found it so quickly my sonne Humiliabit will sit such he shall lay them low as their deserts are he shall reduce them to their former state bring them downe and levell them with their beginnings He shall humble the high looking Oppressour The word in the other Translation seems to speak all in one He shall punish punish is all the other bruise and beat and break and represse and waste and destroy and bring down and it seems to cut out and square a size and proportion of punishment answerable to that of sin and demerit the spoyler shall be spoiled and he that breaks others shall be broken himselfe He shall breake in pieces the Oppressour Oppressour It is of large signification and various rendrings The other Translation gives it the wrong-doer a man of uneven or oblique actings guilty of deflections and swervings that walks by no rule observes no law in his dealings but perfas nefas right or wrong he will have it This the Oppressour or wrong-doer I finde three expressions that have obtained most and are of best credit a word and but a word of each Calumniatorem that 's first St. Hierom so renders it the slanderer the false accuser 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in St. Chrysostoms language the Devil himself Revel 12.10 Satan the accuser of our brethren whom Christ overcāe by his passion breaking the head of that Leviathan in pieces But there is another Devil besides him a Devil incarnate that can act that part to the life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lovin in loc p. 325. l. G. Apollinarius calls him the false accusing man and is excellently construed by some the fraudulent oppressour one that by undue and untrue practices strikes wounds kills the fame of another to give life to his owne One that cunningly lays another's honour in the dust to erect and set up his own for instance what a male-Administrator of justice was David how unfit to rule and what an excellent and well accomplished King would Absalom have made 2 Sam. 15.3 if you 'l believe him See thy matters are good and right but there is no man deputed of the King to heare thee Oh that I were made Judge in the Land that every man which hath any suite or cause might come to me and I would do him justice It is no pleasure to look back or else you might see how this designe was driven on by our late Oppressours Their calumnies their false and fucated accusations were very thriving and they contrived it as their best and most taking expedient by traducing his late Majesties government to introduce and set up their own Remember Lord the reproach of thy servant wherewith thine enemies have reproached O Lord wherewith they have reproached the foot-steps of thine Annointed The Calumniator or false Accuser the fraudulent Oppressour that 's first The Greek version gives us the second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apud Athenienses Lege cautiū erat ne quis ficus exportaret unde quidam deferendo accusando victum quaerentes sycophantarum nomina sortiti sunt which in the strict and genuine sense imports Calumniosū delatorem a clawing daubing accuser a pick-thank a pick-pocket Informer and Prosecutor that frames and follows mischiefs by a Law in the larger and looser sense it denotes a Deceiver a juggling dissembling Oppressour one that cryes up publique while he carries on private interests and advantages one that is Master of his trade can pray and oppresse Mat. 23 14. a trick of the Pharisees cry and kill shed tears and blood carry Heaven in his looks and Hell in his thoughts larvate himselfe and put on a face of holinesse and justice upon the foulest and most abhominable practices that ever the Sun saw Such was the contrivance of Jezebel who had skill in other paintings besides that of her face Naboth's Inheritance will fit Ahab but how must he come by it not take it away by arbitrary power and force that would be too gross and palpable an oppression a Tyranny every one will see it and cry out of it No but let us have a Fast and let 's have a High Court of Justice 1 K. 21.9 Proclaim a Fast and set Naboth on high and then take away his life and estate and all and who dare say he is an Oppressour that did it Nihil est audacius illis sumunt Juven Satyr 6. Deprensis iram atque animos a crimine Such a sort of cunning and cleanly Oppressours we meet with in the Psalmist Psal 58.2 You weigh the violence of your hands in the earth St. Hierome reads it Injustitias manus vestrae concinnant you trim up oppression and dresse violence in the cloths of justice You have the very knack of Injustice and can do wrong as handsomely as if it were the greatest right 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Seventy interpret it you twine and twist up your iniquity with such shews and pretences of justice and piety that though you draw iniquity with cords of vanity yet you seem to spin a fine threed Or which our Translation follows Iniquitates manus vestrae appendunt your hands weigh violence or you weigh the violence of your hands To weigh violence is velle videri agere in pondere Lorinus aequitate id quod per vim inique fit to seem to do that justly by weight and measure which