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A02835 The paragon of Persia; or The lavvyers looking-glasse Opened in a sermon at S. Maries in Oxford, at the Assises, the 7 day of Iuly, 1624. By William Hayes, Master of Arts of Magdalen Hall. Hayes, William, b. 1595 or 6. 1624 (1624) STC 12973; ESTC S116667 14,691 34

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assembly mine honour bee not thou vnited for in their anger they slew a man he blames their anger only not their malice yet marke what followes Cursed be their anger for it was fierce and their wrath for it was cruell I will diuide them in Iacob scatter them in Israel Here anger and the heat of blood could not excuse the spilling of blood They felt the rigor and full weight of Iustice yea the heaviest punishmēt that then was a Patriarchs propheticke curse And in conscience such resolute hot-spurres deserue with vs that Curse of Moses the heauiest temporal one that now is Cursed is hee that hangeth on a tree Deut. 21. Moreouer blood is importunate each drop whereof hath a tongue and cryes lowd at the throne of Heauen Or if that were silent your owne eyes are trusty witnesses of many a widdowes teares And the vntimely death of murtherd fathers bids their orphant children solicite your eares with their sad lamentations I but the death of murtherers will doe them no good admit It doe not yet let not their life doe others hurt Let not the lawes indulgence encourage their bold hands to the like attempts but ere others feele againe the extremitie of their violence let them first feele the extremity of your iustice and to the vtmost that the law inioynes let them knowe What you can doe according to law There is also the swearer whose tongue wounds the State and like a sharpe sword strikes deepe euen to the heart hence it is that the land mourneth saith the Prophet No maruell that this sinne is growne licentious for they say 't was lawlesse and without the verge of iustice Till at last that honourable assembly of Parliament which posterity shal admire no lesse for religion then for their wisdome haue restrained the freedome of this crying sinne It concern'd your Honours to further such a religious purpose not only for aduancement of Gods glory but to enlarge your owne liberty for til thē a blasphemous tongue might sweare God and you in the face you might tremble and blush you could not punish T were pitty this free crime which Chrysostome counts f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tit. Hom. 15. Ad pop Antioch worse then murther should longer violate the law of God and Magistrates not be able to say What shall we doe according to law I could shew you other offenders which haply among vs are lawlesse but with God they speed like S. Paules Gentiles which hauing not the Law are a law vnto themselues Rom. 2.14 But I must hasten to the second sense No more then the Law intends of which exceeding briefly What shall we doe according to law A depraued glosse may corrupt the Text and a corrupt Iudge may depraue the Law Thus truth that in the Oratours time had strength enough for its owne defence is enforced to yeeld vnto crafty violence Christ also that originall truth found the perverse Pharisee and petty-fogging Scribe wresting the derivatiue truth to their own bent g Lib. 2. contra Apion Iosephus may bragge of the Iews priuiledge aboue other nations in that they suffered no chāge in their laws yet by his leaue though they remain'd intire in words they were much peruerted in sense Thus could the wit of iniquity ouer-reach Gods intentions and inhance its owne advantage by the misconstruction of his precepts I wish that while we looke vpon those times in detestation God hath not cause to looke vpon ours in revenge I pray God the sword of Iustice doe neuer among vs become the Sword of Delphos h Eras Adag Chil. 2. cen 3. that serued for all purposes as those grosse flatterers abus'd it in the cause of Cambyses who desiring to marry his owne sister was aduertisd by them that there was no law which allowed that copulation but there was one that he being their King might doe what pleas'd him How doe such Iudges befoole their Ancestors intimating that they doted and spake at randome for enacting constitutions no surer then the old oracles that might admit of a double sense Wel-deseruing antiquity hath made this land of ours as happy as any by leauing vs so ample an inheritance of laws and ordināces T were shame not to preserue them as inviolable as those of Solon and the i Dan. 6.8 Medes that sufferd no repeale Now to racke them beyond their literall intention I count the highest degree of violation Seeing extreme right is extreme wrong and when a law is not executed at all it argues but too much lenitie negligence or ignorance but being wrested beyond its intent and ouer-executed to a mans preiudice it condemnes the Iudge of vnchristian-like malice Then 't is safest breaking the law in the Iews extream who hauing charge and power to giue k Deut. 25.3 fortie stripes to a malefactor would as Paule witnest of them giue but fortie lacking one 2. Cor. 11. That they came short charity may hope 't was commiseratiō of their brother in his affliction but should they exceed the law wee might suspect their mindes for bloody revenge Then let the law of Iustinian be my last exhortation l Iudex ne aliter indicet quàm legibus aut constitutionibus aut moribus proditum est Institut lib. 4. Tit. 17. Index ne aliter iudicet c. And as Balaams feare engaged his fidelity cōcerning the word of the Lord so let Iustice deale with your consciences concerning the word of the law If Balaack would giue me his house full of Siluer and Gold I will not goe beyond it to doe lesse or more Num. 22.18 In which resolution the Lord make you prosper So shall you be of their number that had their robes washt in the Revelation and made white in the blood of the Lamb. This awfull colour of State shall then turne to the pleasing lustre of glory And as you liue to glorifie God here God grant you liue with him in his glory hereafter Amen FINIS
Rarâ temporum faelicitate ubi sentire quae veli● quae sentias dicere licet Tacit. procem hist not only think what he wil but also speak what he thinks Let the like happines of ours be a ioyfull memoriall for ensuing ages and let vn-borne posteritie haue cause to triumph in the matter of our glorie But I leaue this consultation in businesse of State and passe to deliberation before iudgment Quid agendum What shall wee doe g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist 3. Eth. Things of small importance may for a while possesse our fancies but seldome take vp our serious thoughts We cā here quickly resolue This we will doe whereas weighty affaires deserue pawses and demurs What shall we doe You are now beloued in Ahasuecus case expecting when the Iudges will passe their sentence The one vpon mens estates the other vpon their persons The least is a matter of no ordinary consequence I need not exhort either Iudge or Iurer otherwise then God inioyned in the like case Thou shalt enquire and search and aske diligently in the 13 of Deuteronomy Questionlesse he well weighed the value of a man and priz'd his life at an higher rate then to haue rash decrees make hauocke of his blood h meruit quo crimine servus Supplicium quis testis adest quis detulit Iuv. Sat. 6. Such a cause deserues an earnest enquirie concerning the matter of the obiection the reputation of the witnesses the disposition of the accusers i Targ. Ionath in Num. 9.8 Rabbi Ionathan obserues of Moses that being to examine ordinary inditements he did hasten but in the cause of those that were to dye his sentence was not so speedy In Targ. k Nulla unquam de morte hominis cunctatio longa est Juven ibid. No delayes can be tedious no paines superfluous no interrogatories frivolous when a mans life depends on the Iudges and Iurers diligence His life which Satan perceiued to be so much worth that a man will ransome it l Iob 2.4 with all he hath Precious gale of breath that cost the mother so many pangs and throes to bring it forth that cost its owner so much care to preserue it so much tendernes to cherish it and must hee now at last through the malice of accusers or the periury of witnesses be depriued of it which for want of deliberation are not discouered m Vlpian How doth old Rome that allowed nine houres for defence of each petty cause condemne our ouerture and our hastie proceedings shall they haue such large respite for their estates and we so litle for our liues Well may the life of man be termed a buble if it deserue but such a momentary triall But obserue the Holy Ghost Deut 19. The Iudges shall make diligent inquisition which implieth long aduise and mature deliberation But while I exhort to deliberation before iudgment a tedious sute long depending prevents my exhortation The forlorne Client is tired out with delayes while his Advocat demurs about his cause as long as n Deliberandi unum sibi diem postulauit c. Cicer. de nat Deorum Simonides did about the nature of GOD. Hieron must first allow him a day afterwards two at last the longer he was about it the lesse he had determin'd Thus while they are consulting and doubting what may be done the deluded Client is quite vnd one o Charron of wisedome Therefore a certaine Lawyer doth aduise euery King to abolish that pernicious mystery of pleading you see he makes bold with his own profession but I forbeare such peremptory and tart language and reprehend it no otherwise then milde Ismenias did his Schollars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p Plut. in vit Demet. It ought not thus to be No it ought not to be that the Lawyers What shall we doe in a pretended deliberation should driue the Client to his Quid agam in an exigent of passion and so make him crye with those in the Acts which were pricked at the heart with sorrow and anxiety Men and brethren what shall I doe I am now a companion for that distressed Steward q Luk. 16.3 Digge I cannot and to begge I am ashamed Those many acres which I once possest are through lingring sutes brought to six or seuen foot to hide my carkeise Neither can I enioy that without the submisse Epitaph of Cyrus r O homo ne mihi sepulturam invideas Cons of time O man envie not vnto me this small parcell wherin to bury me Thus hauing nothing left of what he was but the remembrance he passeth from a tedious iudgment on earth to one in heauen more speedy such as Paul tels vs shall be in a moment in the twinkling of an eye and he that wanted the fauour to be iudged heere may haue the honour to bee a Iudge heereafter Know yee not that the Saints shall iudge the world 1 Cor. 6.2 Their nimble thoughts shall not be clogg'd with needlesse demurs but will instantly approue what the supreme Iudge decrees And Lord let this chearful expedition hasten the zeale of our earthly Iudges that thy people may haue quick dispatch from misery and thy truth an increase of its due glory And lest thy Vice-gerents should through misprision or connivence be mis-led giue them vnderstanding to know the law and grace to follow it as their vn-erring guide which is my last part The leuell and rule of iudgment The Law What shall we doe vnto the Queen Vasthi according to Law The positiue Law and Man were once of an equall extention One Law and one Man That Law accidentally taught him to know Sin the increase of Sin hath taught his posterity to know good Lawes Ex malis moribus bonae lages When the Lawes of nature would not serue the turne humane power put on Maiestie and angry Iustice learn'd how to discipline their enormities with a rougher hand So that at last varietie of Lawes beganne almost to preuent their crimes Iustinian makes them ſ Instit lib. 1 Tit. 2. Nationall Ciuill Those naturall reason made common to euery Country these vpon particular occasion were peculiar to such a society t Aquin. 1ª 2 ae quaest 94. art 3. Therefore 't is the rule of Aquinas that a Law must agree with time place 1ª 2ae q. 95. art 3. It seemes there was some Law proper to the Persians that took hold of the Queenes disobedience And it was a good precedent of the King being aboue that Law to submit himselfe to the direction of the Law What shall we doe saith he according to Law Hereby a King is distinguisht from a Tyrant The King doth measure his attempts by Iustice the other Iustice by his power The Tyrants force is his equity and the sword his duty Laborious cruelty is but sport to his guilty hands till his wild vnbridled passions haue run out of breath in a curreer of blood The pleasure of