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A00586 The widowes petition delivered in a sermon before the iudges at the assises held at Northampton, Iuly 25. 1633. by Antony Fawkner, parson of Saltry All-Saints, alias Moygne in Huntingtonshire. Fawkner, Antony, b. 1601 or 2. 1635 (1635) STC 10724; ESTC S101885 19,826 36

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wretchednesse For then must you onely expect what your selues vpon others in your prosperity bestow Blessed therefore are the mercifull for they shall obtaine mercy S. Matth. 5. 7. Come then O come yee Iudges of the earth come before the presence of the Lord with a song with a song of Mercy Iudgement With a song of Pitty Equality mixing the Widows threnes her mournful dities with your sweeter notes tuning reducing to melodie her harsh laments by your harmonious skill in Doing her iustice against her enemie Which if without Hypocrisie or Prevarication you performe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall not God shall not the Iudge of all the World doe right Gen. 18. 25. Yea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 much more will God respect your cause when in that dreadfull Assise at the last iudgement both your and all our soules all naked shall bee summoned to appeare and stand before his Tribunall at the barre of his Iustice as poore guilty Defendants trembling and shiuering guarded by thousands ten thousands Angels Satan our Adversary accusing our transgressions witnessing our consciences convincing and God himselfe an angry Iudge without the Mediation of our but one only Advocate Christ Iesus irrepealably condemning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O God how fearefull would that iudgement be did not that Advocate assist vs most vnthankfull Clients satisfying for our transgressions interceding for vs to that Iudges Mercy To Thee therefore O powerfull Advocate wee call To Thee O blessed Mediatour we direct our crie not in the Widowes petition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doe vs iustice for then our portion should be in the fiery Lake but in the guilties supplication 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doe vs mercy O Lord Be mercifull vnto vs against our adversary and in the Houre of death and in that day of Iudgement By the mystery of thy holy Incarnation by thy holy Nativity and Circumcision by the Baptisme Fasting and Temptation by their Agonie bloody sweat by thy Crosse and Passion by thy precious Death and Buriall by thy glorious Resurrection and Ascention by the comming of the holy Ghost Good Lord deliver vs. That so in the company of thy Saints Elect wee may sing a new song a song of Mercy and a song of Iudgement a song of Thanksgiuing and a song of Praise Hosannaes Haliluiahs to thee O blessed Lord God with the Father and the holy Ghost in the fulnesse of Ioy for ever more AMEN 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 AMEN Aristoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. Fagius in Exod. 28. Ioh. Maldonatus in S. Math. 18. 23. Dom. à Soto paru Log. in Significate S. Augustin serm 36. de verbis Domini in S. Lucam 2. lib. 2. qq Evangelic c 45. S. Luke 18. Guli Bodaeus com graec col 195. lin 29. Pompon Festus de Magistrat Roman c. 25. Pyrrh Pe●ottus in Mart. Epigr. lib. 1. Epi. 10. Col. 639. lin 53. Ioh de sacra quereu in verb. obsolet Iouo Guli Lindwodus provin constit tit de consuct cap. statutum est §. quod si duo verb vidua S. Gregorius in Deut. 23. si intraucris segetem c. S Bernardus de conuers ad Clerum cap. 10 Philo-Iudaeus lib. de officio Iudicis 5. Thom. Aquinas 22. q. 68. art 4. Guli Postellusde Magistrat Athen. c. 1. Guliel Poste● lus de Magist Athen. cap. 7. A●●…t Postet Anal. lib. ● S. Th. Aquin. 2a 2ae q. 70. art 2. Sr Walter Raleygh hist of the world part 1. lib. 2. cap. 4. §. 16. Thom. Aquin 2a 2ae q. 71. art 3. 4. Boetius de consol Philos pros 4. Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato de Legum Iatione dial 6. Philo Iud. de 10. Praeceptis Horat. carm lib. 4. od 9. Salv. de guber Dei lib. 2. Philo Iud de 10. praecept Isid de summo bono cap. 59. Philo Iudaeus de 10. praeceptis Plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Salvian de Gubern Dei lib 4. Ezek. 18. 21. 22. S. Origen S. Chrysostome S. Hieron Beda Theophylact Euthym. c. Fortescue lap 53. Pars 2. D. Th. Aquin. 2a 2ae q. 69. art 1. 2 3. 4. D. Th. Aquin 2a 2ae q. 71. S. August ad Maced Aeschin cont Ctesiphont Mart. Epig. S. August ad Maced Iuv. Sat. 1. Aristoph in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato in Apolong Socrat. Gasp Contarenus de Venet Repub. lib. 4. Mart. Epig. Philem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Act. 2. 24. Guil. Postel de Megistrat Athen. cap 4. Gasp Contarenus de Rep. Venet. lib. 3. Plautus in Paenulo Act. 3. Scaen. 2. Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pars. 3. Iuratores Ex Varrone Hotoman in com in orat Cic. pro Q. Roscio Iudge Hutton at Okeham Assises Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bib 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Guil. Postell de Magist Athen. c. 14. Aeschines in orat contra Demost Clesiphont Aquin. in Boet de consol Philos pros 4.
11. 14. These be those Iuris Coctiores insteed of doctiores so the Comedian facetiously mistakes qui lites lites creant si nihil est litium lites emunt those Non-proficients in the Lawe who patch vp their trewantly insufficiencies with dishonest quirkes and progging subtilties boyling as it were their own inventions to maturity of cunning mixing potions of fraud Baratry to protract old or forge new questions and suits among contentious neighbours Potions they are like those of Circes metamorphosing Men to Beasts And Pottage if they bee for so the Poet by Iuris coctiores meanes sure I am they are as deare as Iacobs and he that sups them hath the better fortune if he buy them not at as deare a rate as did Esau his messe at the price of his Birth-right But let them that vse this art of confection bee circumspect For this is that subtilty which is fine but vnrighteous and these are they that wrest the open and manifest Law Ecclus. 19. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Heathen saith as much Fraudulent Pleaders are the disgrace of their worthy profession and are indeed no Lawyers but their enemies wresting by the secret violence of their too fine subtilty that Law which They defend and keepe inviolate yea therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Woe be vnto you Lawyers I meane those who are such for yee lade men with burthens grievous to be borne and you your selues touch not the burthens with one of your fingers S. Luk. 11. 46. Dixit The Orator Defendant or Advocate hath done The Iuries verdict the Iudges Sentence are the next They are but short so shall be their Discourse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doe Iustice The Iury haue their name and denomination from their Oath and therefore as often as they are called by that name so often are they put in minde of that bond betweene God and their ownesoules being Viri iurati sworne men The weight obligation of that oath with the fearefull punishments inflicted on Blaspheamous wretches for this guilt of periurie to the preiudice of the innocent I could willingly to my power expresse did not the time prevent Something I haue said thereof in the witnesses discourse all which if you remember not yet keepe in minde I beseech you this one menace of the Prophet I will come neere to you in iudgement will be a swift witnesse against your Soothsayers and adulterers and against false swearers and against those that wrongfully keepe back the hirelings wages and vex the widowe and the fatherlesse and oppresse the stranger and feare not me saith Dominus exercituum The Lord of hoasts Malach. 3. 5. Remember this denunciation of Gods iudgement against your selues if you faile in your dutie herein and feare For it is a fearefull thing to fall into the hands of the liuing God Heb. 10. 31. But from this Denunciation I passe vnto the last and greatest part of this Assise The Iudge who as the Iurie receaue their names from their Oath by which they are bound takes his also from the Law by which himselfe is guided Iudex the Iudge a cōpound of two languages Ius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as my Author none of the meanest Criticks will diduce it intimates a necessary respect from the Iudge vnto the Law which he receaues from a superiour Magistrate as his rule and square on which I haue heretofore before one of these Right Honourable Iudges in another place vpon the like occasion more largely discoursed When also some precepts Ex officio I rehearsed deriued from the book of God cōcerning the Iudges office notwithstanding I did not doubt that his as now both your wisdomes might prevent the necessitie of my instruction Yet giue me leaue Right Honorable this once againe to cast my Mite into your Treasury remembring too that it is the Widowes Mite whose petition this day I doubt not but you will respect that as you imploy your fiue talents to a greater increase I also may in some sort too husband the but two committed to my charge to both yours and my great Masters glory I remember I haue read that Themistocles compares the Magistrates office to a skilfull Musitians art who must in his song be ruled by his measure I remember his application too but willingly omit it because I had rather approue and follow the Prophets then his who being a Magistrate as well as he calls it a song too and that composed of two sweet ayres Mercy and Iudgement I will sing mercy and iudgement Psalm 101. 1. And every Iudge that will be Davids like must caroll the same tune if ever he meane to be a sweet singer in Israel Now in the song of Iudgement two Straines are of a transcendent Harmony Equality and Purity The one excludes acceptation of Persons the other of Rewards Against violation of the first God himselfe giues an expresse command Thou shalt not favour the person of the poore nor honour the person of the mighty but thou shalt iudge thy neighbour iustly Levit. 19. 15. And against transgression of the second even morall heathenish politie hath in all ages been especially provident Witnesse the Magistrates oath at Athens administred to him for more caution 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 once every month And againe their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistrates of accoūt for the administration of Iustice at the Session of each Iudge in the period of his deputed time the publike Crier openly proclaiming 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If any man could accuse him of iniustice in the time of his commission he should be freely heard And in the Commonwealth of Israel Samuel in whose ever blessed memorable integrity may all our Samuels Iudges and Magistrates depart provokes the people to the triall of himselfe Behold here I am beare record of me before the Lord and before his Anointed whose Oxe haue I taken or whose Asse haue I taken or whom haue I done wrong vnto or whom haue I hurt or of whose hands haue I receaued any bribes to blind mine eyes with and I will restore it you 1. Samuel 12. 3. And the people as freely acquit him by a generall voice Thou hast done vs no wrong nor hurt vs neither hast thou taken ought of any mans hand vers 4. As for the song of Mercy God forbid our Lawes our Christian Lawes should be of Dracoes Crimsen die Non atramento scriptae sed humano sanguine as not written with Inke but mans blood For two things to all both wise and good men are especiall Motiues to compassion and lenity Metus ignorantiae in Iudicio incertus eventus humanae fortunae Feare least they should erre in iudgement and so though vnwittingly staine their soules with the blood of the innocent and Doubt arising from the vncertainty of all humane frailty to day glittering on the Pinacle of honour and to morrow sinking in the gulfe of