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A00584 Nicodemus for Christ, or The religious moote of an honest lawyer: deliuered in a sermon, preached at the assises at Okeham, in the county of Rutland, March. 10. 1627. By Antony Favvkner, Master of Arts, and late student in Iesus Colledge in Oxford Fawkner, Antony, b. 1601 or 2. 1630 (1630) STC 10722; ESTC S101884 15,761 32

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confound Hearing with Feeling Quomodo potest esse iustus alteri qui studet eripere alteri quod sibi quaerat Saint Ambrose would faine haue been resolued how it could possibly be that a couetous man should bee iust sith his care is onely to inrich himselfe no matter by whose goods Wherefore Gods command is that they take no gifts Exod. 23. 8. Again neither must his eares bee in his eyes when hee reades any of my great Lords letters either to the fauour or preiudice of the prisoner Cato was not more seuere then iust when he would haue Iudicem nec pro Iustis orandum nec pro iniastis exorandum A good Magistrate neede not be intreated to fauour the guiltlesse and should not be ouer-intreated to succour the guilty Wherefore if for feare of any great Ones the Magistrate peruert Iustice hee is in Iosephus opinion iniurious to the Almighty and blasphemous against God Quasi verò saith he is infirmior sit habendus quam illi quorum potentiae metu praeter ius fertur calculus Nam Dei potentia est iustitia Gods Iustice is his Power they then which lesse feare to oppose it then displease men feare men more then God and consequently esteeme them greater then God Nor may the poore if guilty claime a pitty It is due to his aduersitie not to his sinne Qui autem suâ sponte se obstringit sceleribus is non infoelix sed iniustus censendus est Hee which voluntarily mancipates himselfe to iniquitie must not be pittyed because poore but punished because wicked So Philo Iudaus instructs and receiues his warrant from the Lawgiuer Neither shalt thou countenance a poore man in his cause Exod. 23. 3. Yee must therefore decree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to Gods iudgement 1. Pet. 1. 17. and according to his command Respect not any person Deut. 16. 19. Againe hee must not onely heare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from him that is accused but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before hee proceed to sentence Not according to that barbarous custome reported of Clagen a Towne in Carinthia where vpon suspicion they condemne the man and after trie the carcase but according to the laudable manner of the Romanes mentioned in holy Writ It is not the manner of the Romanes for fauour to deliuer any man to death before he that is accused haue the accusers brought before him and haue place to defend himselfe concerning the crime Act. 25. 16. But of this before To returne then Budaeus notes two other significations of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The first is Interpretari to interpret Notwithstanding indeed the Law written hath been heretofore said to bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the most part the guide of Iudgement yet because mens actions by their seuerall multiplicity may seeme to bee infinite and from thence may arise sundry particular cases which the Law in its generall mandates seemes not directly to aime at nor foresee by reason of diuers circumstances perchance extenuating the nature of the fact it would seeme harsh that these should be censured by the rigour of the letter Wherefore in the Iudges breast there may rest an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or middle equity tempering Iustice by the milder interpretation of her Law lest shee should seeme seuere yea euen to iniury yet so proportioning the Law to the fact that it may not seeme violated but mitigated not neglected but perfected Artaxerxes could not recall his sentence by the Persian Law but hee would oft-times asswage it cutting off the head-tyre for the head And no lesse humanity was in the Emperour Seuerus whom Tertullian testifies Suffundere maluisse sanguinem quam effundere Hee had rather punish rubore then morte by shame then death and it was esteemed a better tempered iustice for a light offence by a blush of shame to bring the blood into the offenders face then by the axe of execution to spill it on the ground And this equity the Preacher approoues by disallowing its contrary Be thou not iust ouermuch Eccles 7. 18. he shewed his reason in the precedent verse For there is a iust man that perisheth in his iustice Vers 17. The other sense of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Intelligere to vnderstand or know which leades me to the next generall requisite to a good Magistrate Knowledge How necessary knowledge is to a Iudge may bee somewhat euident by the meaning of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in my Text which is to Iudge but hath a neerer signification secerno to seperate or diuide one thing from another by election or refusall which intimates a knowledge After God had promised Salomon his request 1. King 3. 5. he answers by asking in the ninth verse Giue vnto thy seruant an vnderstanding heart that I may discerne betweene good and euill Wherefore because experience is the mother of knowledge and age most grounded in experience the Iewes Gouernours were the Elders of their Cities Not vnlike which Magistracie was the Athenians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to bee better expressed then by a third example the Romans Senate But not to walke vpon this beaten tracke my Text briefly appoints two things most especially to be knowne The first is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what it is that is done whether an easie slippe or a foule transgression and as Hugo Cardinalis comments ad quem finem for what intention for that measures the action The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is done in act not intention for that makes the intention compleate But the time checkes A word of exhortation and so an end Though I doubt not Right Honourable that your wisedome may preuent my admonition yet I know a vocall warning especially from a Pulpit the Oratory of God hath its special force and peculiar energy Philip of Macedon knew well enough that he was a man yet he would euery day be told so Wherefore I beseech you and not onely you but all the inferiour Iudges euen to Iurours and the like to whom the whole scope of my Sermon is as applicable as vnto your selfe that you will beare a few words of exhortation They are but a few To day is Dies Criticus a blacke and gloomy day of Iudgement a little Doomesday a type of the great one When yee therefore iudge consider with your selues seriously these few particulars First what you are that iudge Sure you le blush when you call to minde Dust of dust a clayie lumpe a heape of ashes Terraterram iudicat Earth iudgeth earth Now yee are gods but you shall die like men to day you take away life to morrow you may lose your owne Nor are you exempted from the common lot of humane misery Now is the prisoners course very shortly may bee the best of ours If then you peruert iustice while the staffe is in your hand expect a deserued misery 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God