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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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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
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