Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	law_n	time_n	1,531	5	3.5321	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00583	Eirēnogonia, or The pedegree of peace deliuered in a sermon intended to the iudges at the assises holden at Okeham in Rutland, Iuly 31. 1629. but after vpon an occasion, preached at Vppingham, in the same countie, Septemb. 6. 1629. By Antony Fawkner, Master of Arts, late student in Jesus Colledge at Oxford.	Fawkner, Antony, b. 1601 or 2.	1630 (1630)	STC 10719; ESTC S101865	18,494	34

〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Betimes early Sophocles in Electrá in the morning will I destroy the wicked of the Land Ps 101.8 By this then it is manifest that Iustice giues freely deliberately and as the case requires speedily The next Quaere is What she giues Her proper Obiect Ius or Iustum What is right and due Doe you inquire what that is the Schooleman defines it to bee Opus adaequatum alteri secundum aliquem aequalitatis modum Aquin. 22. q. 57. art 1 2. An action squared and proportioned to anothers benefit or losse according to the equalitie of desert Now this equalitie ariseth either ex naturâ rei from the nature of the thing as if I lend so much from the principles of Nature in a Practicke Syllogisme conscience concludes that so much is to be restored againe or else this adequation or equality proceedeth ex condicto from a mutuall agreement which againe is either priuate betwixt person and person or publike by common consent and vnanimous agreement of the publike Magistrate and people From the first ariseth the iudgement betweene priuate contracts from the second that concerning publike Edicts It followes then Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iustice respects an equalitie and that equalitie intimates a twofold proportion one is inter rem rem as betwixt the traffike and the value about which the commutatiue part of Iustice is conuersant Aquin. 22. art 2. Arist Eth. 5. the other is inter rem personam betweene the Person deseruing and the Reward which by an equall distribution is adapted Barnab Brisson de Reg. Pers l. 1. or fitted to the persons deserts by that other subiectiue part of Iustice to wit Distributiue The Persians religiously obserued both parts but iust Aristides extols them for the latter Aristid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They requited not a multitude of honourable attempts with few gifts nor great deserts with smal rewards And loe the Precept of the Lord commands both parts Iust ballances iust weights a iust Ephah and a iust Hin shall yee haue Leuit. 19.36 and the Labourer is worthy of his hire Luk. 10.7 From these are euident the definition of this Ius or right and it is necessity This is that Palladium that Image of Pallas that Statue of Iustice fallen downe from Heauen into our Common-wealth which being religiously preserued our Cities are conserued from hostile violence and vpon whose violation Iustice it selfe immediately or at least by a sudden consequence receiues the afront and the reason is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that iniures the picture Georg. Hemis in Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex Proclo reproacheth the person whose the picture is now this Iustum or Right is the liuely image the true protraiture of Iustice which as she renders what is Ius or Right so to each one Ius suum what is his owne proper and peculiar right In matters of possession Iustice takes not notice of conueniency but Due It preserues inheritance and that iustly yea oft-times to the bad not because he deserues it but because t is his That Story of Cyrus when he was a boy is as vsefull as elegant Being at the Schoole of Iustice Xenoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereof wee spake before it was his turne to decide a controuersie betweene two of his play fellowes the one being a great boy that had a little coate the other being a little boy that had a great coate and one at strife for the others garment He as hee thought most conuenient iudged that both should change sentencing the larger coate to the bigger Lad and the lesser to the smaller But what followes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hee was punished by his Tutor to make him remember that Iustice respects the right of possession more then the conueniency it giues to each man what is his peculiar owne by Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wherefore the Iudge ought not to square his sentence by seeming expediency but by the Law Hence it is manifest that the goodnesse of Iustice is not terminated in the person of the iust administratour but as more selfe-communicatiue then the rest of vertues extends her benefits ad alterum to the commoditie of others yea ad omnes euen vnto all for she giues what 's due vnicuique Plutarch in Iside to euery one She respects no persons for she sees them not The Thebanes painted her without eyes or if shee haue any they are not in her owne but in the Iudges head for him indeed Cyrus stiles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Seeing-Law Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But how Marry he hath an eye to see but not to pitie an eye of vnderstanding to search out the sinne not an eye of partiality to fauour the delinquent Respect of persons then is the reiection of Iustice and by it wee may become Iudges But of what Of equity No but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of euill thoughts Iam. 2.4 From these then we may of a truth perceiue that God is no accepter of persons Act. 10.34 Yea the poore whom God seemes most to pitie and for whose reliefe as Philo with admiration of his Iustice notes he hath left vnto his people so many precepts and excitements to Mercy and compassion Philo Iudaeus de officio Iudicis euen they I say are excluded from all commiseration in iudgement and that by his owne expresse prohibition Thou shalt not countenance a poore man in his cause Exod. 23.3 Hence of so glorious esteeme in ancient time was this impartiall iustice that the Poet calles it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer ●dys lib. 4. The iudgement of the most diuine Kings And loe Saint Iames by warrant from the holy Ghost is bold to set the same Crowne of glory on her head terming her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Royall Law Iam. 2.8 And indeed why not a Royall Law Theod. Beza in loc cit if a Law so supremely generall For the performance of it is the performance of the Law I coniecture Saint Iames thought so when hee made a direct Antithesis betweene 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acceptation of persons and loue to our neighbour which is the performance of the Law Ro. 13.9 10. His words are these If ye fulfill the Royall Law according to the Scripture Thou shalt loue thy neighbour as thy selfe yee doe well 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But if yee accept persons yee commit sinne and are conuinced of the Law as transgressours Iam. 2.8 9. Hitherto Beloued I haue shadowed Iustice and consequently Iudgement though with a slubbering Pencill together with their properties and haue prooued each of them to be seuerall Canons of Gods Law I appeale then as well to the approbation of your reason as your faith whether Dibri be of the Tribe of Dan whether Iudgement be the Father of the Law Dibri The diuision of the Law in

for the mutuall relation betweene their very ashes and their accursed seede they must vndergoe the punishment to bee recorded the misfortunate parents of so gracelesse a sonne yea so exact is the register that it catalogues from the neerest of Kin to the first of the Tribe His mothers name also was Shelomith the daughter of Dibri of the Tribe of Dan. Affectation of method is the confusion of method Wherefore not to tire or fright you as with so many Hydraes heads with tedious Heptacotomies nor to delude your apprehensions with subtile curiosities as vaine and brittle as they are thinne Briefly my Text includes a threefold disquiparant relation The first according to the order of words is inter matrem filium betweene the mother and the sonne Shelomith and the blasphemer The second is Inter Patrem Filiam betweene the father and the daughter Dibri Shelomith The third is inter Patrem Filium betweene the father and the sonne Dan and Dibri This we may obserue from the historicall Genealogie in which againe if with a sharpe eye wee but looke into the vailed treasure of the names signification wee may discouer the like relation included in a genealogie mysticall Let then so hainous a transgressor as this blasphemer bee taken in the abstract for his transgression sinne Whose sonne is he Shelomiths What is shee The Interpreter translates her Paguin de Derinat Nom. Heb. Peacefull from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Shalom Peace Ascend next to her father Dibri which the Translator renders My Word from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dabar or Dibber a Word a written or vnwritten word the two diuiding members of Lex a Law The Scripture iustifies the interpretation Ho wrote on the Tables according to the first writing the ten Words Deut 10.4 The Words that is the Commandements which are The Law Climbe yet a few steps higher and from thence in a faire prospect view the Ancestor of Dibri he is Dan. Holy-writ construeth him Iudging a Iudge or Iudgement for first his reputed mother gaue him that name with her blessing And Rachel said God hath iudged me therefore called she his name Dan Gen. 30.6 And againe Iacob confirmed it with his blessing Dan shall iudge his people Genes 49.16 Descend then in the right line of this Genealogy Dan is the father of Dibri Iudgement of the Law Dibri begets Shelomith the Law Peace and Shelomith is the parent of the Blasphemer Peace brings forth transgression Dan begets Dibri againe Dibri Shelomith and Shelomith beares the Curser Iudgement procreates the Law the Law Peace and Peace brings forth her mishapen off-spring Sinne. Old Hesiod whether benefited by the twylight of Nature or fortunate by a luckie stumble in the Heathenish darkenesse in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesiod in Theogon groaped at the shadow of this Genealogie He makes Iudgement the Law and Peace three Sisters the daughters of one Mother Themis or Iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But we leaue the Tale to the Poets patronage returning to their mutuall and successiue generation in my Text in which leauing the order of words in the ascent from Shelomith we will begin at the further end and so in lineâ rectâ descendente passe downeward from the father to the children first touching him which was first by the priority of Nature and Time Honour and Order and he is Dan Iudgement Iudgement is the act of Iustice Aquin. 22. q. 60. art 1. Iustice an habit by which we haue an inclination Aquin. in AR. Ethic. lib. 5. c. 2. power and will to the performance of what is iust so the Philosopher Iustinian de Iustit Iure Or as the Imperial Lawyer though not so formally it is Constans perpetua voluntas suum cuique tribuens a constant and perseuering will Georg. Reisch Margarit Philosopn lib. 12. cap. 23. or more Logically the habit of that will which giues and by which each one receiues his proper and peculiar right Now wee know that Habits are by so much the firmer radicated in their subiects by how much the actions from whence they flow are the more frequently and timely vsed Horat. epist lib. 1. epist 2. Quo semel est imbuta recens seruabit odorem Testa diu The vpright tree was made streight when it was a sprigge Vertues that are taught to youth grow habituall to age and what Nature can neuer find easie custome make naturall Wherefore the Persians that they might be sure to prouide vpright Iudges made their children petty Iustices and taught them Law as soone as letters Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They went to the Schoole of Iustice euery day 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Xenophon as duly as amongst vs our Nouices to learne their first rudiments Yea their very sports were serious and as another small Commonweale they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Publike Halles to moote their childish Cases in So would they wisely preuent Nature by their discipline accompanying their increase of yeeres with a growth of vertue that they might become men and iust both together What the light of Nature taught them Horrt carm lib. 3. ed. 24. the precepts of God commanded the Iewes Eradenda cupidineis Parui sunt elementa They were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A stiffe-necked people of an vncircumcised heart Act. 7.51 and the coare of their rebellion must be grubbed vp from the roote which is easiest done in the Spring of youth when sinne can take but tender hold wherefore they must teach Gods Lawes diligently vnto their children and to make them more habituall they must talke of them when they are in their houses and when they walke by the way and when they lie downe and when they rise vp Deut. 6.7 yea they must binde them as a signe vpon their hands and as Frontlets betweene their eyes Vers 8. Whence the Pharises as seeming-performers of the Law wrote those sentences in Frontlet-parchments which they should haue grauen in their hearts and misplaced their consciences in their Philacteries Matth. 23.5 Nor is it wonder that a gemme so precious should be in so high esteeme Aquin. 22. q. 58. art 4. For indeed Nature knowing her Original to be of God hath exalted her vnto a throne at least for the more part aboue the rest of vertues Her seate is not in the lower appetite of sense but in that supreme one of the Will which being a faculty of the diuiner part of man is the most conuenient receptacle of a vertue whose originall is so Diuine Diuine Yes for Iustice is of the Lord yea t is the Lords He executed the Iustice of the Lord Deut. 33.21 Heare then O Israel The Lord our God is one Lord Deut. 6.4 and that Lord both mercifull and iust Psal 116.5 Plato confessed that hee was attended by a reuenging Iustice which executed his wrath vpon the

generall into Eternall Naturall and Humane or Positiue with the Originall of the Positiue from the Naturall and of that from the Eternall I haue already heretofore in this place handled At which time I also manifested the strict tie by which our conscience is bound to the obseruation of this Humane Law together with the dutie of Magistrates who ought to proportion their Iudgements according to the rule of this Law it being the best commendation which Mandana could affoord her husband Cambyses Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He made not his will a Law but the Law his will and ruled best because hee would be ruled She sayd so to her young sonne Cyrus and it seemes hee gaue good eare and approbation to the commendations for when himselfe was after inuested in his dignitie he confessed the law to be a schoolemistris both to Magistrate and People teaching them two lessons to each one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Art of gouernmēt to the Magistrate the rule of Obedience to the Subiect It is true indeede that the Law had once its infancy whē the rulers wil by necessity for want of Law stood for a Law Semiramis decrees had the force of Law amongst the Babylonians Briss de Keg Pers lib. 1. yea euen in oeconomicall priuate families the father of the families word had the full vertue of Law Iudah pronounced the sentence of Death against his daughter in Law Tamar Bring her forth and let her be burnt Gen. 38.24 So that Polydore Virgils coniecture may be supposed at least probable to wit that written Lawes were not in vse in Homers time Polid. Virgil. de Inuent Rer li. 2. cap. 1. for in all his workes sayth hee he not so much as names a Law Yet there was euen then without controuersie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 though not written composed and publike edicts or constitutions yet certaine receiued Traditions agreeing with the Law of Nature equiualent in proportion with a Law Such as were intimated by the same Authors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pelid Virg Inuent Rer. l. 2. c. 1 The Iustice of Retaliation or retribution of like for like But after the ruder times of Barbarisme had put off their rugged coate Demost cont Aristogitonem Draco and Solon brought this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so their Oratour stiles it this diuine inuention of the Law first to Athens from whence the Romanes after brought their twelue tables well neare 300. Dionys Halicarnass lib. 10. Ab. vrb condit 293. Glarean in Eutropij lib. 1. an 291. yeres ab vrbe conditâ from the beginning of their state So diuers Law-giuers furnished diuers Common-wealths as Lycurgus the Lacedemonians and ours for why should wee forget our owne Mulmutius Dunwallo Iob. Stow Chron. Ang. and the renowned Lady Mercia the Royall foundresse of our Mercian Lawes Before all which Flau. Iosep contrâ Appion lib. 2. Iosephus iustly vindicates antiquity to the Hebrew Lawes the only absolute and iust Decrees Laetus calls them Pomp. Laetus de legib cap. 1. Coelo lapsas Fallen from heauen and indeed they of all the rest were written with the finger of God Exod. 31.18 This is that vndefiled Law Xenop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rule and square of all humane Decrees by which wee are made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ciuiler and better for the Law of the Lord is perfect conuerting the soule Psalm 19.7 Nor indeed is it a wonder that the Law should better vs for it cuts off transgression as its Naturall enemie sith the Essence of the Law is Order the Essence of sinne meerely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Disorder This is that diuine decree to which as to that of Nature if the rest be conformable Horat. de Art Poëticâ Cruquius in loc citat Pompon Laetus de Legib. lib. 1. we may Leges incidere ligno ingraue them in wood or brasse as eternally inuiolably to be o●●●rued But if they are dissentient from this Law they can neither Imperare Vetare Punire nor Permittere nor Command nor Forbid nor Punish Aquin. 12. q. 95. art 2. nor Permit depriued of the foure royall prerogatiues of iust Decrees for they are not Leges but Legum corruptiones not Lawes but the corruption of Lawes And Woe vnto them that decree them Isay 10.1 So that in regard of them the knot is loosed which should binde our consciences to obedience for we ought to obey God rather then men Act. 5.29 This is that Law of Order whose Authour is the God of Order and which begets the effect of Order Tranquillitatem ordinis That calme of order So Saint Augustine describes Dibries the Lawes faire daughter Shelomith or Peace Eustath in Homer Il. 1. A daughter a faire daughter beautifull as Rachel amiable as Rebecca 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mixing sweet smiles with a matrons honour Alma Mater Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a nourishing Mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nurse of youth the comfort of grey haires What not The guift Beza in Epist ad Rom. cap. 5.1 yea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all the gifts of God to men She is the bond which ties vs vnto God to men and to our selues 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eustath in Hom. Il. 21. sayth the Critick from knitting vs by charity to God by concordance to our neighbours and by an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or selfe-complacencie to our owne selues The Daughter of the Law Shelomith the daughter of Dibri I remember another woman Shelomith mentioned in holy Writ 1. Chron. 3.19 and shee the daughter of Zerubbabel What 's that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The disperser of confusion Dispergere and who can that be saue Dibri that great instrument of Order Dibri the Law Loe in this also the mysterie is continued Shelomith is the daughter of Dibri Peace of the Law Shelomith an Israelitish woman the daughter of the couenant and so of the Law The blessing of Gods people Peace on Israel Psalm 128.6 a stranger to the rebellious There is no peace saith the Lord to the wicked Isay 48.22 Hee sayth so twice concluding two Chapters with the same Selah There is no peace saith my God to the wicked Isay 57.21 Christ chose to be borne in the Peace of the World and by the embassage of an Angell sent the Peace of God into the World 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Glarean in trop lib. 7. Peace on earth Luk. 2.14 Loe the bearer was no lesse then an Angell and the Doner the verie Sonne of God Happie then thrice happie yea in the Iewes esteeme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beza in Saint Matth. 10.12 compleately happy is that blessed broode to whom belongeth that diuine title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the sons of Peace O my brethren know and blush Loe we are they Pacem