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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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them these sheep what haue they done The punishment of these impotent wretches doth not argue the Iudges valour but the lawes iustice The edge of authority wil be thought but dull and growne rusty except it wound others beside them that cannot make resistance 'T is mercie to let those no longer liue in whom imprisonment hath left scarce life enough to dye So that did we not perceiue in them speech whereby the Philosopher distinguisht men from beasts wee should scarce distinguish these from carcases There they stand arraigned not more the prisoners of the King then of death Some of them haue liued long enough to see their lasting calamities out-liue their friends and fortunes insomuch that their aged eies can doe them no other seruice but see themselues miserable and weep for their distresse That our Lawes doe vanquish these halfe-dead vassals proues them I confesse impartiall yet nothing powerfull ſ Consent of time Cambyses would shew what his tyrannie could invent and what his hand durst execute by shooting a great mans Sonne to the heart Then doth appeare the force of our Lawes and the courage of our Magistrates when Phoneas-like they thrust the sword of Iustice through the noblest transgressours He was only to sacrifice for the sin of the people yet he durst sacrifice t Zimri and Cosbi Num. 25. two Princes of the people for their daring sinne A fact that deserued not more thankes from the Iewes for its benefit then it doth from vs for its example But by perswading impartiality to great ones I intend not to procure impunity for inferiours No n Quisque exercetur paenis veterumque malorum Supplicia expendat Aen. 6. Quisque excercetur paenis c. Wee haue a good rule from Ezekiels Prophesie The same soule that sinneth shall dye Ezek. 18. If the same then the meane as well as the mighty for though they are not so hurtfull yet they are as guilty And yet they are hurtful enough too for what they want in power they make vp in nūber A x Varro auctor est à cuniculis suffossum in Hispaniâ oppidum c Hist lib. 8. cap. 29. pli Town in Spaine may as well be vndermined with Conies and another in Thessalie by Moles as by the strongest pioners Vnited force in contemptible complices may be answerable to more powerfull machinations Therfore let Iustice haue her due course on both sides and let the Embleme make her hood-winkt but not blind Let her see offences only and punish them but not offenders lest her con●ivence spare them She had I confesse well tutor'd the y T. Liu. dec 1. lib. 2. Consul Brutus when she taught him to play the executioner and put off a father So that when punishment was inflicted on his children before his eyes he rould see the malefactors but not his sonnes z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Rhetor. 2. And passionlesse Amasis could endure the Lictors to shedde his childes blood without shedding of his own teares Then is Iustice her selfe when she can ouer-looke Nature and all respects whatsoeuer Then will she take heed lest she misplace her mercie and so make it degenerate into crueltie for though there be no mercy in cruelty yet there is a crueltie in some kind of mercy Est quaedam crudelis misericordia saith the prouerbe and the mercies of the wicked are cruell a Prouerb 12.10 saith the Holy Ghost Now if Iustice spare great ones for their might and meane ones for their misery Haec est crudelis misericordia this is a cruell mercy Cruell to the State in causing Lawes which Demosthenes cals the soule of a state to be but dead letters Cruell again to the Lawes in making them stales for mens sinister purposes Then let the sword be brandisht on all sides and strike alike all rankes and conditions And though charity to the State allowes me not to intreat for their liues yet Dauids charity to their persons bids me petition for their soules Lord let the sorrowfull sighing of the prisoners come before thee according to the greatnesse of thy power preserue thou those that are appointed to dye Psal 79. And so from the person to be adjudged I passe to deliberation before Iudgement What shall we doe In doubtfull actions Aquinas 1ª 2 ae makes deliberation the first act of our reason and will haue Iudgment come between that and election So noble is the soules naturall progresse that she resolues on nothing hand ouer head but vpon mature aduise And 't is well that a King a god on earth can remember he hath so much of man about him as that he needeth this consultation for he that contemneth all aduise is below a beast he that wanteth none is aboue a man It were to be wisht that all good Princes might enioy Sauls prerogatiue to ouer-top the people by the head as well as out-reach them b Longae Regum manus Adag with the hand or all might with Salomon haue hearts as large as their dominions But they must content themselues with that abridgement in Euripides c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip. One man cannot see all and with that other in Tacitus d Nec unius mens tantae molis est capax Tacit. One man cannot beare all Answerable to that of Iethro vnto Moses This thing is too heauy for thee thou art not able to performe it thy selfe alone Exod. 18. The head might quickly draw the members to inconveniences wer 't not for intelligence from the eyes and eares Therefore the King the head of Israel sometimes must enquire where the Seer dwels And who is fitter to be the Seer of Israel then Samuel that iudgeth Israel His discerning thoughts must both see the peoples duties fore-see the Princes dangers Wherfore both Prince and people repaire to him as to an Oracle with Quid agendum What shall we doe Happy State of ours where the coactiue power thus submits it selfe to the guidance of the directiue thrice happy Soueraigne which can heare his power flatter him that he may doe what he will yet so yeelds to convenience that he will not doe what he may Hence it is that he scarce attempts any thing but as 't were with this Motto Quid agendum What shall we doe Men in their Panegyrickes may style him a Salomon a mirrour of wisedome of late especially he hath made it good and neuer gained a greater opinion of wisedome then when he least relyed vpon his wisedome In high matters of deepest consequence it is his vsuall Parliament-phrase I craue your aduise Such was the milde method of glorious Constantine when he allayed the iarres of disturbed Christendome e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Socrat. eccles hist l. 1. cap. 5. He cryed not out This I will haue done but meekely entertain'd the whole Councels resolution Blessed time when a mans tongue may bee as free as his opinion and when he may with Tacitus f