off the bonds of subjection to God and Christ Vossiuâ—in minuu cont-oversis 〈…〉 exâ—aâ—â—tioâ—e pâ—â—â— rile sâ—igidum looke to it Kings and Nobles Kings and Judges have a care of your charge or yee will be broken in peeces yee will provoke the Lord to anger and all your purposes frustrated and your persons destroyed you have a great inclination to forget me in regarde of your greatnesse therefore I charge you to beware 2. Reason God hath committed the care of his people to them that they should seeke their good he is the instrument of God for thy good Rom. 13.4 God doth not so set Kings and Princes over his people as to have no care of them himselfe But he committeth his people to them so that he looketh to them himselfe he giveth them their charge and taketh account of them because their inferiours cannot doe it so easily God doth charge the King himselfe Deut. 17.18 to have a care that he write him a booke of the Law He taketh account of the Princes of the wrong done to his peaple Esay 3.14 15. The Lord will enter into judgement with the Ancients and Princes for the wrong done to his people for yee have eaten up the Vineyeard and the spoyle of the poore is in your houses What meane you that yee beate my people to peeces and grinde the faces of the poore doe you thinke I will take no account of this will you be broken in peeces with the iron rod It belongeth to God as supreame to redresse all the abuses of the most absolute Princes and Magistrates on the earth Appeales come to him like the cry that came from Sodome no miscarriages shall escape him 2 Cron. 16â— The eyes of the Lord run too and fro throughout the whole earth to shew himselfe strong in the behalfe of him whose heart is perfect towards him And therefore doth the Prophet David appeale to God Psal 82.8 Arise O God and judge thou the earth if men will not the Lord of Hoasts will his Hoasts shall 3. God doth especially charge Princes with their duty of subjection because they have a great influence upon the people 2 King 10.31 especially to evill Jereboam the Son of Nebat made Israel to sin if Princes Kings and Judges be wicked they shall not want instruments to forward their wickednesse 2 Cron. 21.3.6 4. If David will have the people numbred Joab will act it though against conscience he said why will the King be a cause of trespasse and in 6 verse the Kings word was abhominable to Joab yet in 4 verse the Kings word prevailed with Joab Dan. 3. If Nebuchadnezzar set up a Golden Image none are found that withst and it but Shadrach Meshach and Abednego Esay 9.16 the leaders of this people cause them to erre and they that are led by them are destroyed Therefore God chargeth Kings with their duty for the safety of his people 4. If sins be committed as long as Kings and Princes execute judgement the wrath of God is appeased toward that Nation Numb 35.33 Blood defileth the Land and it cannot be purged but by the hand of him that flew Phinehas hath turned my wrath away from the Children of Israel Numb 25.11 then stood up Phinchas and executed judgement and so the plague ceased Psal 106.36 Vse 1 Information that Kings and Nobles are neerely linked together in the government of Nations God doth not charge Kings alone but Kings and Judges Kings and Nobles the businesse of Governement is to weighty to be undergon by one man alone There are two speciall duties of a King the duty of war and the duty of peace in both which he must necessarily have the assistance of Nobles Let all Histories be examined and yee shall see that in getting and governing of Kingdomes Nobles and Worthies had an especiall hand in raising Armies in managing Battles in judging the people Moses was weary of judging alone though the people over whom he ruled had been slaves he had beene the instrument of their delivery and God did appeare to and for him upon all occasions therefore if any man might governe alone Moses might doe it by such speciall assistance of God but when Iethro saw Moses sitting in judgement alone Exod. 18.17 he was plaine with him and told him the thiug was not good and advised him to take helpe or else he must needes tyre out himselfe and the people Againe in stilling the rage of the people the assistance of Nobles hath beene alwaies needfull Kings desiring all power into their owne hands make themselves unable to keepe their owne Courts from oppressing their Subjects or content their people by meanes whereof people have often beene inraged against their Governours Numb 11 1â— Moses complained to God that the people murmured against him that he was not able to beare their murmurings and of the danger he was in desiring God to kill him that he might not see his wretchednesse that is that the people might not fall upon him in a mâ—â—â—rable manner and destroy him Dâ—â— dat For the remedy of which evill the Lord prescribeth this vers 16. gather together seventy men of the Elders of the people whom thou knowest to be Elders and Officers over them and bring them to the Tabernacle of the Congregation and they shall stand there with thee these were the Officers that the Lord appointed to assist Moses in time to come against the rebelliâ— the people these Moses must gather togather in the great Counsell where yee may see of what number and sort of men these must be they must be seventy a set number not too many for feare of diffention not too few for feare of partiality yee may further see what manner of men they must be Officers over the people before they were called to the great Counsell 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Icrom Jerom calleth them prafectos qui docerent ves singula and the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistres Indicibus vestris Masters of your Judges Implying that these that sat in this high Counsell to helpe Moses against the commotions of the people must be high in the peoples estimation and must have the power of the sword in their owne hands in their severall Tribes whereby they might execute their judgements and by their authority stop the rage of the people Without power all judgements were fruitlesse and voyd Tollet de cas 〈◊〉 lib 5. cap 56. Jâ—dâ—n habeat petellatem 〈…〉 formam viâ—â— Iudge Dodrigâ—â—itle Earlâ— to what end were judgements if the Judges had not power to put their judgment into execution and therefore in this Kingdome had Earles the third part of their Counties to make them high in the eyes of the people they were great Commanders câ—â—es and câ—â—itatus were relatives every County hâ—d an Earle and no more and Barons had their Baronies honorable revenue and
command whereby they might assist the King defend their Country and doe the people justice honour without command in war and judicature in peace is uselesse Esay 3 3.4 and a scorne whereas men whose faces are lifted up above the people are as necessary for a Commonwealth as bread and water Honorable men unto whom the people may have recourse in case of imminent danger to be a stay unto them who meeting in a publique Counsell may carry all things for the publique good yee may see what service David did to Saul against the Philistines what his Worthies did for him 〈◊〉 58.5 in his wars against the house of Saul yee may see what power the Nobles had in the dayes of Zedekiah unto whom the King did confesse the King is not â—e that can doe any thing without you To make a man great in war that is not great in peace is dangerous unlesse virtue sway he will love the greatnes of his condition too well he that is as great in peace as in war will easily change his troublesome and dangerous estate for rest and safety Vse 2 Exhortation that the King and Lords would joyne together to submit to the government of Christâ— you are required in my Text to joyne with the King in this duty not to be instruments of the Kings will so you shall shew your selves servants to the King but not Judges of the earth his Majesties wisdome and your learning should joyne together to put on the yoke of Christ to save your selves and your people from breaking with the iron rod in the hand of Christ that is as I have intimated from Civill war from such destroying Civill War aâ— will dash you all to pâ—eces 〈◊〉 48.2 the Lord is the Lord of Hosts a name that 〈◊〉 hath put upon himselfe Esay 47.4 Ieâ—â—va exâ—râ—itiâ—â—â—oâ—en â—pâ—s the great nâ—me of God Esay 4â—â— Esay â—â—â— all Hosts are his rod wicked ones holy ones just or unjust â—orraâ—e intestine legall or rebellâ—â—â—s they are all his he punisheth offenders by them all what power wee have that wee conceive our safety that party that conceive they have the power of the sword strength in their owne hands they thinke they may doe what they will but they are mightily deceived they that have all power to day may have none to morrow the Lord is the Lord of Hosts 〈…〉 sâ—pientia est sui destructiva force without wisdome will destroy it selfe Esay 3â—â— Therefor Rabsakâ—h joyneth counsell and strength together and Aristotle wisdome riches and power and descanteth that upon them men thinke they have quickly wisdome enough but power and riches never enough whereas too much either of riches or power is troublesome or at least unprofitable But a man can never have too much wisdome That power wee thinke wee have wee cannot claime as ouâ— owne it is Gods right strength is in the Host whereof God is the Lord Pâ—a 4.28 In the multitude of people is the Kings honour but the want of the people is the destruction of the Prince it is the Lord that hath hearts of people in his hand he maketh them subject to their Governours and mooveth them against their Rulers he uniteth and divideth them in Court in Councell in field when he hath a purpose to dash them one against another he doth divide them Ier. 13 1â—.14 I will fill all the Inhabitants of the Land the Kings that sit upon Davids Throne and the Priests and the Prophets and all the Inhabitants of Jerusalem with drunkennesse And I will dash them one against another even the Fathers and the Sonnes together saith the Lord I will pity nor spare nor have mercy but destroy them He can make such divisions that no unity of interest of condition of affinity or consaguity can prevent he can divide Kings and Subjects Subjects and Subjects Kings and Lords Kings and Commons Lords and Commons Lords and Lords Commons and Commons Father and Son Brother and Brother where still note that the neerer the conjunction the more dangerous the discord That some differences should arise among the people is not wonderfull the ordinary course of justice doth heale them that some greivances should arise betweene the King and the Commons is not strange it is the businesse of a Parliament to redresse them Then my Lords had you a call from God by the duties of your places to have been the instruments of unity then should you have made use of your learning to have reconciled them then you had use for Divinity Law Pollicy Instice Power a little of all these in your hands would have set all things right if yee and the King had then beene tyed together with the bonds of Christ yee might have ruled him and contented the people But insteed of reconciling the difference betweene them yee also fell at odds among your selves Parliaments doe expect some difference the first worke the Commons use to doe is to represent their greivances unto your Lordships from whom by the very intendment of the Law they doe expect redresse You by your places as Councellors to the King and Judges of the people having power over both should have acted the parts of good reconcilers but this iron rod of Gods displeasure fel on you also the very Phisition had got the plague You likewise were divided among your selves I blame you not I rather pity you your power was broken by the iucroachment of former Princes you were defrauded of your learning here required by discontinuance of Parliaments your education honour among the people by Courtship Kings and Commons have heretofore joyned together to breake the power of Lords and now they fall out the Lords have not power to helpe them And now I take up the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of my Text as applicable to this purpose where I crave leave to speake to your Lordshippes in the language of my Text. It had beene very good that the King and your Lordships had alwaies beene wise and learned enough to have beene alwaies under the yoke of Christ Psal 72. from 1. to 15. never to have consulted any thing against God and Christ Mach. Pranespag 36. never to have departed any thing from the wayes of God and Christ the wayes of judgement and justice I meane which are his wayes That Turkish cutlandish distinction found in Machiavil of civilis soluta potentia which is power above Law and by Law had not been misconstrued and made use of upon all occasions in the Kings name at Court in former times I wish it had been the manner of our Kings alwaies to have ruled by the positive Lawes as far as the justice of them would any wayes extend and when any thing of unjustice did fall upon the letter of the positive Law that should be reformed by the Law of God and the universall Law of nature that had not been done by a cabinet Councell but a Councell of State in
as are called Princes of the Bakers and Princes of Solomons worke Gen. 40 2. 1 King 9.22 his buildings and provisions for his house these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the second verse of this Psalme Pagnin are translated Rulers such as had the next degree to the Kings cheife Councellours of State Comites Imperii Barones Lafords Thanes men of valour and judgement Pillers of the Crowne whose duty was to preserve the King both in peace and war from miscariages and dishonour by punishing them in judgement that shall misguide the King or act any thing against Law by any surreptitious Warrants or Commissions from his Majesty or transgresse their lawfull Commissions to the wrong and injury of the people these had a principall hand in the making of Lawes By me Kings raigne and Princes decree Justice Prov 8.15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these are the men that were mentioned in the second verse but in the words of my Text they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges and therefore it may be doubtfull whether they be the same men which did consult in the second verse which are here charged in the words of my Text but I conceive they were the same for these reasons 1. Because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be ascribed to the highest Judges in the world to absolute Princes to Moses Exod. 18.16 to God himselfe Gen. 18.25 and that is to let us understand that these chiefe Rulers that consulted with the Kings had a place of judicature that if any thing escape them in consultation that might be mended in judicature 2. Those Rulers that were mentioned in the second verse were guilty of the crime which is here charged to be amended and therefore it is most rationall they should be called to repentance 3. If Kings Rulers and People should once joyne together and make a Law against God and Christ it were an hard matter for an inferiour Judge to amend it It is true they may Judge against it but it would be carried on by the appeale unlesse it be reformed in the suprcame Court where the errour first began and so the wrath of God remaine unappeased Thus you see who these Kings and Judges were in all probability they were severall Kings of severall Nations consulting with their owne Nobles and People against God and Christ that are here called upon to repent of their wicked Decrees and Lawes that they had made against him so that my Doctrine doth now appeare under this forme of words If any thing doth slip in consultation with publique consent of Kings Nobles and People against God and Christ the charge doth lie upon Kings and Judges to amend it But here arise three scruples how it should come to passe that when Kings Object Rulers and People were guilty the Kings and Rulers are called to repentance and the people left out what will God be content to spare a Nation if Kings and Rulers repent though the people go on still in their iniquity I answere in respect of temporall punishment Ans It may be sometimes he will if God would spare Sodome for ten why may he not spare a people for their Kings and Rulers If he will plague Israel for Davids numbring the people why may he not save a people as he did for Moses sake but alwaies he doth it not The reformation of Kings and Nobles is a great meanes to reforme the people but if notwithstanding their Reformation the people remaine wilfull their judgement doth often fall the more heavy even in this life as may appeare 2 Kiv. 23.25 26. Josiah a most pious and holy Prince yet God reserved evill to bring upon the Jewâ—s for that they did not reforme The Prophet rendreth a reason Ier. 3.10 Her treacherous sister Judah did not turne to me with all her heart but fainedly Josiah caused them to turne in shew but it was in hypocrisie though their hypocrisie was none of Josiahs fault but their owne 2. But here ariseth yet a second scruple how it should be in the power of Kings and Nobles to amend that which is done amissâ— by Kings Nobles and people is it in their power not to put that in execution which is made into a Law Yes if against God and Christ if against the Law of God Gods Lawes have the force of an universall Law unto which humane positive Lawes must give way lex particularis cedit universali mans Law is void Doctor and Student if against Gods Law 3. But here will be a breach betweene these that shall so judge the King and Nobles and the people Object if that be adjudged against the Law of God which is newly received for an humane Law and therefore this doth put Kings and Nobles into streights Ans This must not be carryed with an high hand as an act of power but prudently as an act of wisdome so as God may not be provoked and dash you all in peeces nor the people neglected in the particular Covenant made with them They must wisely use meanes to revoke such Lawes as are made against God and Christ Yet by their wise and learned carriage give the people satisfaction This charge of bearing the Lawes the yoke and bonds of Christ is layd on Kings and Judges for foure reasons 1. Because they of all men are most inclinable to shake off the yoke of Christ Fabritius exhortatio â—llurecipue necessaria qus gradu potâ—ntia inter honines emâ—nent non sacile se jugo Christs submittunt leges sibt prescribs â—nviti patiuntur Martinius chstat fastus us volunt emperitivideri quibu opus est institutione illâ— quamvis de officio â—â—formatâ—onem eminentie suae authoritatis deformationem interpretantur great ones never thinke themselves great enough unlesse they be absolute unlesse they may act so as if they had no superiour to whom they must give an account That exhortation doth principally belong to them that are in Authority because they do not easily submit to the yoke of Christ they are unwilling to have any Lawes given them and the other Author Pride will not suffer them to receive any instruction because they will not seeme to be so unskilfull as to need instruction they thinke any information a staine to their Authority Such opposition against God and Christ hath beene found in all Ages from great ones Pharoah Exod 5 2. 2 King 8 33 who is the Lord that I should heare his voice Zenacherib hath any of the Gods of the Nations delivered his people on t my hands Ieâ— 2.3 wee are Lords wee will come no more unto thee Therefore doth the Lord cry out upon Kings and Princes and Judges of the earth that they should have speciall care to submit to the Government of Christ exclamations are used in plaine matters and matters of great weight It is no small matter for Kings and Nobles to shake
not determine the practice of the times did carry all by the will of the King whereby Parliaments were rendred uselesse to the Subject and the whole Kingdome lay open to any such violence as evill counsell should at any time lead the King into The want of learning in this point was the first cause of this dissention learning could not and therefore it was put to the determination of the sword 2. When Parliaments were called what power the King had what the Lords what the people or Commons what joyntly what severally was not cleerely enough determined in the Law and therefore left to the determination of the sword learning was wanting and therefore God brought in his iron rod. In matters of justice what ought to be adjudged treason what not how those treasons mentioned in the Statute and referred to the Paliament to be determined ought to be judged and by whom the learning of the Law did not cleerely determine and therefore left to the determination of the sword The learning of the Law did never yet cleerly and publiquely determine between Plea and Plea in these objections following that none ought to be adjudged but by positive Law Secondly that all Lawes ought to have publication none ought to suffer for any attempt except against the Kings Person which objections would easily have bin answered if the study of morall Philosophy had beene well taken into the study of the common Law I shall only acquaint you with some few rules of moralls concerning these points First ignorantia juris universalis non tollit peccatum that neede no publication the boy to the ancher and crosse of the doore hath no place heere that publication doth belong only to particular Lawes not universall 2. Though subordinate Judges may not yet the supreame Judge may judge by the universall Law salus populi suprema Lex 3. Attempts against the Kings Person are only criminall by positive Law but there the fact is likewise treason but where the fact cannot be punished the attempt must by the universall Law of selfe preservation as an attempt to conquer the Kingdome change the Government in any Subject must be punished the fact cannot prosperum faelix scelus virtus vocatur when such questions as these were on foote the learning of the Law ought to have been cleere the Judges should have been learned but they were not and therefore God was angry it s now therefore high time for Judges to be wise there hath many miseries happened to us of late which are yet hard to be remooved for want of learning and therefore there is great reason all meanes should be used to get it there is great cause therefore the Holy Ghost doth cry out upon you O yee Judges be learned Children and women cry out for feare often where no dangers is but where wisdome it selfe doth cry out there the danger must needs be great But now my Lords I come to the learning that is required in your Lordships as Judges of Judges It cannot be denyed that all learning that can be desired in any would adorne and beautifie a Lord yet let not any cunning Sophister perswade the world that a Lord is not fit to be a supreame Judge unlesse he be a cunning Lawyer if any Law be hard for a Lord to understand it is too hard to be a rule for men to walke by It is sufficient for a Lord to know unjustice when it is so obvious that it is become a publique grievance to keepe the Judges from bribery and flattery of the King or oppression of the people that nothing be done by violence without judgement or in dispite of Parliaments If your Lordships could have but hindred the gathering of tunnage and poundage taxation of shipmony raising of monopolies used meanes to have Parliaments orderly called told the King his dutie punished his instruments when unjust so far as they appeared to publique view advised the King to forbeare any illegall power over his people punish such as should advise him to any unlawfull thing when prooved and plainely appearing to you and by your power suppressed all power raised against Law This had been sufficient to have preserved the Kingdome from ruine seditio non oritur levi de causa That which is principally required of your Lordships in point of knowledge is to receive instruction yee cannot want knowledge enough if yee will receive it to deliver the Kingdome from the stroke of Gods wrath the dissention of the people I cannot but confesse these times have involved your Lordships in very great difficulties but the greatest difficultie is to amend your selves if you could but give testimony to the world that you see your selves partly by the fault of your Ancestors and partly by your owne disabled from doing your Country that service which the duties of your places doe require and that you earnestly desire a reformation of your selves if you could but undertake the principall duty of your places to be reconcilers of the King and people and propose such tearmes of agreement as may be fit for Prince and people to receive God would certainely assist you All Governments are species amicitiae kinds of friendship the differences that are at this time betweene the King and his people are very great you my Lords ought to use all meanes to set them at one you are the Umpiers of the State your wisdomes ought now to appeare you ought to deale plainely with King and people where you finde the fault lay the blame presse the King to his duty and the people to theirs let your Propositions be legall reasonable and wholesome for the State God and good men will not leave such indeavours without comfort successe you ought not to joyne with the King against the Commons nor with the Commons against the King but carry the Ballance of justice so justly and friendly between them that they may joyne in friendship one with another you are trusted with the honour of the Crowne the justice of the people the setting up the honour of Christs Kingdome yee must not suffer any of these to sinke 2. Yee must amend your selves in point of unity you ought all of you to be united as one man Unity is the safety of the people in no sorts of the people so dangerous as among Lords pauci viri boni non minus conjuncti quam si essent unus homo it is that only that shall make you able to save your selves and your Countries the difference is betweene the King and the Commons if one part of you side with the King another with the Commons and looke towards the sword by it to beare downe the adverse party you make your Countrey become a prey and ruine your selves and your Posterities the end that ought to be before your eyes to bring the government subspecie amicitiae that you cannot endeavour untill you keepe and preserve unity among your selves you cannot seeke unity between the King and his people untill you seeke it first among your selves 3. Yee must looke to this charge of my Text remember what yee are in reference to Christ yee are his servants yee must take his advice call such as can shew you the minde of Christ to your assistance yee must receive instruction from him as he is pleased to give it by the Ministers of the word Luk. 10.16 He that receiveth you receiveth me he that despiseth you despiseth me yee see Christ doth owne them as his Deputies if yee receive them into your Counsells yee receive Christ if yee cast them out of your Counsells yee cast Christ out of your Counsells if any such thing have been done in hight of opposition be learned receive instruction and learne to amend Nations must hearken to the commands of Christ Parliaments that act as Nations must doe it or else they will displease Christ 2. Let nothing be carryed with a strong hand till they be peaceably descided in a friendly and Parliamentary way the prerogative of the Crowne the right of Lords the honour of the Messengers of Christ the Priviledges of the people let no parties presume by power of the sword to overbeare another 3. Yee my Lords ought to preserve the dignity of your publique places it may not be esteemed an act of humility in a Majestrate or a Minister to lose the right that belongeth to their publique places that is breach of trust and neglect of duty therefore ought Majestrates to maintaine the honour of their places and act by them for the good and peace of their Countryes and honour of Christ that so they may escape the anger of God and the stroake of Christs iron rod. FINIS
that is not grounded on some Principle of humane understanding God hath given man understanding to rule all other faculties of the soule if man shall act any thing that is not first well digested in the understanding that is brutish and therein men act not as men but as beasts and therefore the Scripture doth resemble those actions of men wherein they transgresse the Law of God and right reason to the actions of beasts Psalm 32.9 Ier. 5.8 Be yee not like Horse and Mule which have no understanding They are 〈◊〉 fed Horses every one neighing after his neighbours wife now if all actions ought to be guided by reason or else they be beastly the judgements of Judges if without rule must needes debase them far below their condition 2. That judgement that hath no better ground then a Judges opinion Aquin. 22.5 e. 1. Omniâ— scientiae habetur pâ—r aliqua prâ—â—â—pia per sâ—â—oâ—a hath a very fraile foundation Judges must be learned not willfull and imperiousâ— but learning is habitus acquisitus men are not borne learned nor can become â—o without diligence and study now science is the knowledge of conclusion which depend on certaine Principles knowne by themselves which are delivered and received in the science that is studied the rules of a science are not uncertaine lyable to mistake nor subject to the wills and affections of men quaÌ„ minimum relinquendum non judiâ—ibus propter affectus the Lawes ought to be cleere fully and plainely delivered things may be set downe as cleerely in matters of Law as in any thing Lawes are not conversant about unknowne motions of Staâ—s and Spheares nor in the Mathematicall speculations of accidents remote from matter but the manners and actions of men visible sensible apparent actions Againe they ought to be expressed in words whereby men are able to expresse their mindes most fully therefore Aristotle saith Quod Lex non potest exprimere 〈◊〉 hâ—mâ— quidem potest that which the Law cannot expresse that man cannot expresse that cannot be sayd to be learning that is contained in the mystery of one or some few mens abilities but that which is in praeceptis scientiae traditis which is made common and publique for every man to study such ought the learning of a Judge to be that it may be rationall certaine and not subject to lust Thomas Aquin. 12.98.1 c. Lex bona quia consonat rationi and this the Lawyers professe the Law is reason but being prest with this argument if the Law be reason then men that are not bred Lawyers must understand it they answer it is reason to him that is learned in the Law what doth the study of the Law change the nature of the man reason cannot agree to a man quatenus a Lawyer buâ— quatenus a man that cannot be said to be reason which a man cannot understand unlesse he be a Lawyer this were to make a Lawyer differ specie from another man 2. Reason why Judges must be learned because Judements are matters of the highest concernment in the world and that in two respects First because they procure the favour or displeasure of God Pro. 2â— 3 Esay 5.7 and 5â— 15. to doe justice and judgement is more acceptable to God then sacrifice therefore the Prophet saith that Goâ— looked for judgement but behold oppression the Lord saw it and it displeased him that there was no judgement 2. They are of highest concernment to humane society they are the causes of peace and war Amâ—s 5.6.7 Seeke the Lord lest he breake out like fire and divoure you ye that turn justice into wormwood War is the breaking out of the Lord upon an unjust people I dare say had the judges walked in judgement according to the petition of right punished those that first tooke monopolies tunnage and poundage not exacted because not granted in Parliament or the exacters punished in judgement Shipmony not judged to be Law contrary to Law it had been impossible to have brought the people into such a distemper as to fall one upon another the fault was laid upon the Bishops and Clergy of the land I will not excuse them as far as they had any hand in overswaying the judges putting downe the good ones and setting up such as were servile and might easier be bent to serve the lust of the Court against Law or as they were active themselves in arbitrary Courts to the oppression of the people such as were the High Commmission Star-Chamber Councell-Table but this I dare say the most immediate causes of breach of peace have beene failings in judgement all failings in judgement are oppressions therefore is judgement opposed to oppression Judgement stood a farre off he that abstained from evill maketh himselfe a prey The robbery of the wicked shall destroy them because they refused to 〈◊〉 judgement Psa 5.7 and 56.14 Prov. 21.7 Yee see the Holy Ghost doth plainly affirme that refusall to doe justice is robbery and the cause of destruction 3. Subordinate Judges must be learned that they may discerne the flourishing of Rhethoricke and falacies in the arguments that are brought against the truth that hee may be able to judge rightly of a cause notwithstanding the industry and ability of an advocate advocates will be subtle and no cause can be so bad but it will find some to plead for it the divell will be sure to get as good counsell as he can he that pleadeth his cause shall have a double fee if the Judge be not learned he will often prevaile he knoweth if he can but pervert judgement by what means he careth not he shall promote wickednesse advance his kingdome and murther men which is Sathans delight therefore the Judge must bee learned to judge betweene plea and plea Deut 17.8 plea against plea make matters difficult in judgement the want of learning to decide them the cause of divisions this is the cause of civill dissentions when matters are put in execution with an high hand before they are peaceable and clearly determined in judgement I shall put you in minde of the great questions that were raised in the beginning of these troubles which were not peaceably and clearly determined in judgement objections were sent abroad among the people without theâ— answers which caused divisions among them 1. Concerning Power 2. Concerning Law Whether the King had power to call and break a Parliament or no the Lawyers logick was cleare enough for the King they had presidents enough That the Kings counsell had an hand in the call is most plaine by the Writ but whether this counsell were a select counsell of Lords and Commons some Lords some Commoners Secretaries of State officers of his Majesties houshold such as he should choose which as to the security of the Kingdome were as good as none or the Earles and Barons of the Kingdome or what power they had in this great businesse the learning of the Law did