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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

proper faculty of the discoursing minde This Law of Nature then is the image of the Eternall and from it may arise the principles of morall vertues Saint Ambrose in other words saith as much if not more diuiding this Law of Nature into three parts The first teacheth to giue and so to giue honour to our Creator as not to impart or share it to any of his creatures The second part is morall instructing vs to liue by the rule of modesty and vertue The third Preceptiue commanding vs to furnish others with the knowledge of our Creator God and season them with the precepts of vertue and morality And so the Gentiles which had not the Law did by Nature the things contained in the Law and hauing not the Law were a Law vnto themselues Rom. 2. 14. Now because by reason of the imperfect estate of our depraued nature our passions will swell to perturbations and can receiue such strength from the Law of sinne that they are able impetuously to rebell against the Law of Nature it is necessary that from the common precepts of Nature as particular and vnknowne conclusions are drawne from common and apparent principles mans vnderstanding should deduce and enact other seuerall Canons for the more particular disposition of the community in order which should deterre those from vice by feare of punishment whom the instructions of Nature cannot perswade to be good by loue to vertue And such like particular constitutions drawne from the Law of Nature which is deriued from the Eternall receiue a third denomination distinct from both the former and are intituled Lex Humana or Positiua the Humane or Positiue Law Such as were amongst the Heathen Draco's Decrees which as Budaeus notes were more especially termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theses Positions setled or determined ordinances which though in regard of the Law-giuers and the acts of men to which onely they are a rule they may be termed Humane yet after iust and due enacting by the authoritie of the publike assent or publike person and the open receipt of thē after promulgation in the time and place of concourse as amongst the Athenians and Die trinundino in Foro in the open Market place amongst the Romanes then Religion tels vs that Lex the Law takes its name from its owne Etymon à ligando from binding So that whatsoeuer is subiect to the superior power is consequently subiect to the Law of that power Which insomuch as it partakes though but mediately and remotely of the eternal Law binds the inferior subiects to its obseruance yea in foro conscientiae by the tye of Religion and Conscience There is no power but of God Rom. 13. 1. Wherefore yee must bee subiect not because of wrath onely but also for conscience sake Vers 5. By me faith the Lord Kings reigne and Princes decree iustice By me Princes rule and the Nobles and all the Iudges of the earth Prou. 8. 15 16. Whosoeuer then resists the power resists the ordinance of God Rom. 13. 2. It followes then that none no not the righteous are exempted from obedience to this Humane Law as it is a directiue Rule or guiding power though in respect of its coactiue authoritie they are priuiledged as preuenting compulsion by voluntary obedience And in this sense indeed the Law is not giuen to righteous men but to vngodly 1. Tim. 1. 9. And Saint Paul may bee an exegeticall Commentator on this place in another For Princes are not to bee feared for good workes but for euill Rom. 13. 3. Nor are we onely bound to submit our selues to the iudgement of this Law but Magistrates are as much required to frame and proportion their determinations according to this Law The square then of our actions must bee the rule of their iudgements and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be as definitiue of their censures as our deeds Xenophon tels that Cyrus learnt of his Tutor that there was no difference betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lawfull and iust and as little betwixt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lawlesse and violent so that hee seemed to confine Iustice to Law and would alwaies proceed according to Law lest at any time he should seeme vniust Such force then is in the Law that it binds all processe in Iustice to be according to the Law So that he which in the administration of iustice strayes from the order of the Law is as much an offendour as he whom he condemnes as a transgressor of the Law And therfore the Athenians thought it a small conuenience to their Commonwealth to prouide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law-giuers vnlesse they had also appointed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sort of superiour Gouernours to receiue an account from the Iudges of their common and ordinarie proceeding according to the Law Plato would haue the Law as a picture by whose proportion as by a patterne and exemplar Magistrates should forme their censures Iudex the Iudge is but In● dicens not the maker but the speaker of the Law Administrator Iudicij as an interpreter of Philo The iudgement is Gods hee is but the pronouncer and amongst the Romanes Suetonius ranking the most choise and honourable titles which the Emperour Augustus bestowed vpon his beloued Tiberius registers Ducem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That hee was a Gouernour precisely obseruing the prescript of the Law And no lesse honour might Foelix seeme to haue deserued who would not for fauour deliuer Saint Paul to death against the custome of the Romanes Act. 25. 16. And Ahashuerosh might haue been an example to them both not giuing sentence according to his owne angry humour but the Nations decrees What shall wee doe with the Queene Vashti according to the Law Ester 1. 15. Sure I am that such a one was Nicodemus who askes not in my Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth the Iudge but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law iudge As if the Iudge could not decree but the Law or if the Iudge yet as onely directed by the Law Or if the Heathenish Romanes vnder whose dominion they then were subiect had had such a barbarous Law as to iudge a man before accused or heard yet sith the Iewes were vnder the Couenant and immediately directed by the Law of God hee inquires further 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law so which is the next considerable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Our The Law of the Lord is an vndefiled Law Psal 19. 8. Moses might heare it from God as accepted for holy Israel might heare it onely from Moses as but onely called to bee made holy Israel must not touch Mount Sinay no not touch it lest they die though it bee to heare the Law by the performance of which they should liue Gods Maiesty would promulge it in thunder and darknesse that all might heare and tremble his Mercy would ingraue it in Tables

would condemne him vntried against the Law and in the next verse out-law him and his with a dire Anathema 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This rout this Many which know not the Law is oursed Vers 49. So would they haue sterned the Law by their owne passions till Nicodemus returnes the curse vnto the heads of the cursers and mauger their bragging of their skill in the Law conuicts them of iniustice by a question from their owne Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law iudge a man before it heare him and know what he hath done Not to be tediously curious vpon the words The Verse is such a question as may be naturally resolued by a Negatiue position and that easily done by the Metathesis of the particle interogatiue transferred from the subiect to the implicite Copula so that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Doth our Law iudge a man before it heare him and know what he hath done is equiualent and the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Our Law doth not iudge a man before it heare him and know what he hath done And my Text so vnderstood may seeme to be Solstitium solis Iustitiae The Solstice of Iustice It must not bee idle but proceede thus farre nor is it boundlesse it proceeds no further It must iudge else 't would not be Iustice it must iudge within the limits of these conditions else 't would be iniustice The question is already become a position let vs once againe turne the Negatiue position to an affirmatiue proposition and that not by the dislocation of one Negatiue particle but the exemption of them all If then our Law doth not iudge a man before it heare him and know what hee hath done it followes à contrarijs that our Law doth iudge a man if it heare him first and know what he hath done And the Text thus taken points at two things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law in the first part Our Law doth iudge a man and the Iudge in the second If it heare him before and know what hee hath done The first part shewes vs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rule of Iustice the Law dead without the Iudge The second points out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the liuing Law the Iudge corrupt without the Law Againe the first part containes two things First the Rule of Iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law noted by her coate of difference 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our Law the Iewes Law Gods Law Secondly the act of Iustice Iudgement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Our Law doth Iudge and that againe attended with its obiect circa quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a man In the second part are euident two especiall necessaries to a good Magistrate The first is diligence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hee must heare and that both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before hee proceede to sentence and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of him that is accused The second is knowledge and that both of the fact and the manner of the fact 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And know what he hath done Of these the God of Truth assisting and first of the first the Rule of Iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Law Sine lege sunt quae sine ordine sunt saith an Ancient Order is one end of the Law God the Author of all Order Hee might haue created the World as well in one day as sixe and all at once as easily as Heauen first and Man last but by his wisedome were all things made and the God of Order would be the example of Order Now as all is made all must be sustained lest Order should againe be swallowed vp in confusion So that as all was created in order all must bee so created that it may remaine in order Wherefore God will at once be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Creator and a Lawgiuer and with the same Fiat rouze from confusion and command to obedience Each creature is so made it selfe that it cannot be ought saue it selfe The wisedome of his bounty giues it a Beeing the wisedome of his order giues it but one Beeing Nor is this order in essence only but in the consequents of it its qualities The nimble fire will be aboue and not below the sullen earth onely below The two great Lights haue their alternate courses The Sea may threaten cannot Domincere it must ouerflow so much earth and but iust so much Thus the Decree of God checkes all Natures his Word created by a secret power his Wisedome gouernes by an eternall Law By the Word of the Lord were the Heaven 's made Psalm 33. 6. and he made a Decree for the name Iob 28. 26. Now though all things are and are guided by this eternall Law yet this Summa ratio so S. Augustine stiles it this supreme directiue rule though it bee aliqualiter as the Schooleman limits in some sort in all creatures subiect to the Diuine prouidence yet I say more especially more eminently it shines in man So that by this more excellent impression of the eternall Law there followes a participation of that Rule in man by which hee hath an inbred inclination to the accomplishment of his proper acts and ends Which participation of the eternall Law is defined to be the Law of Nature By the light of which wee may easily view what should be done by our naturall inclination to what wee would doe God hath made vs to be men and the nature of men constraines vs to be sociable Yet is not Nature so blind a guide nor so vniust a Mistrisse as to command society and not to instruct vs how to conserue it Wherefore she hath written in our vnderstandings one wise lesson from which our working intellectuals may deduce the rest of all her precepts And this generall Statute is Eligere bonum vitare malum The common instruction of Nature is that wee should imbrace what is good and shunne euill T is an euill against Nature to destroy the worke of Nature from thence is concluded the Law Thou shalt not kill The conseruation of humane society commands that euery man should haue his owne from thence is enacted the Law Thou shalt not steale So that that generall maxime is inuiolable Dianysius knew it when he confessed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The constitutions indeed of publike estates may be violated the generall Law of Nature cannot But from it as from a common source proceedes in some sort the whole streame of morall vertues which as the Law are what they are by the rule and square Rectae nationis of a directiue reason So that Plato stept not much awry when hee would haue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law receiue its Etymologie from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the mind considering the Law is indeed dictarnon nactae rationis the constitution of Reason the

will punish you legetalionis by a iust Law of paritie Vae qui pradaris c. Woe vnto thee that destroyest When thou hast made an ende of doing wickedly they shall doe wickedly against thee Esay 33. 1. Goe too then grind the face of the poore accept persons in iudgement oppresse the widdows and fatherlesse crying for iustice shed innocent blood But stay and heark the Preachers trumpe summons thee before God by a fearefull Scito Know that for all this thou shalt come to iudgement Eccles 11. 9. Thou mayest indeed kill the innocents body but ex ore tuo condemnaberis thy sentence shall rebound and by a mortall recoyle pierce thine owne soule Secondly consider in whose place you sit In the seat of God the iust God and the mercifull God Sing therefore with Dauid in your actions both mercy and iudgement vnto the Lord. Destroy betimes all the wicked out of the land Psalm 101. 8. yet be mercifull also as your Father is mercifull Luk. 6. 3. 6. Thirdly remember in whose presence you iudge againe in the sight of God a iust God a iealous God a terrible God a God that will auenge vnto the third and fourth generation Hearken then vnto the caueat of Malachies memento Remember yee the Law which he commanded with the Statutes and Iudgements Malach. 4. 4. For it is a fearefull thing to fall into the hands of the liuing God Heb. 10. 31. Neither deceiue your selues with a vaine secrecy saying The Lord shall not see nor the God of Iacob regard Shall not he which planted the eare heare or he which formed the eye shall not he see His eyes are ten thousand times brighter then the Sunne darkenesse is to him as the noone day yea the righteous God searcheth the heart and reines Psal 7. 9. Iustice is Gods honour and the Lord is iealous of his glorie If therefore you transgresse hee will surely find it out The offendours indeed of mans Law may escape the punishment saith the Heathen Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some by a priuiledged greatnesse some by a subtile priuacy but they that transgresse against Gods Law must needs vndergoe the censure 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the same Author which a man can by no meanes auoide for it is impossible to escape Gods hand Can any hide him in secret places that I shall not see him saith the Lord Do not I fill Heauen and Earth saith the Lord Ier. 23. 24. If therefore yee are rebellious and companions of theeues euery one louing gifts and following after rewards if yee iudge not the fatherlesse neither suffer the widowes cause to come vnto you Thus saith the Lord the Lord of Hosts the mighty One of Israel Ah I will ease me of mine aduersaries and bee auenged on mine enemies Isai 1. 23 24. Fourthly and lastly thinke seriously whom you iudge the answer to which brings me to a point in my Text hitherto of purpose ouer-passed that the Law and Iustice might bee handled together 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Doth our Law iudge A man c. A man Nec ampliùs dicam nec opus est I can say no more nor neede l. A man the Image of God a walking world the worke of a Trinity Let vs make Man Gen. 1. 26. A man thy brother the begotten sonne of thy naturall father Adam thy brother the politique sonne of thy Ciuill Father the Prince and againe thy brother the adopted son of thy heauenly Father God Vespasian had a combat betweene his Office and Nature Iustis supplicijs illachrymauit ingemuit as Suetonius He was an Emperour therefore must needs iudge and condemne he was a man too and therefore by as great a necessitie hee must sigh and pitie Learned Athens was not void of a morall pietie and euen that is alwaies attended with mercy Their chiefe seate in their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their iudgement-hall was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iouis liberatoris Their chiefest God was their pardoning God the crowne of soueraignty is mercy Holy Scripture honours it as much nay more making it a title of the true God yea and that a great title for His mercies are aboue all his workes Himselfe will bee stiled Pater misericordiarum the Father of mercies 2. Cor. 1. 3. And to induce vs Patrizare to bee like our Father in an easie clemency he leaues vs mercy as an inheritance and reward of our mercy Blessed are the mercifull for they shall obtaine mercy Matth. 5. 7. Yet as man indeed beares the Image of his Creator and ought therefore to bee seriously tried before condemned so also a notorious malefactor beares the marke of Satan hee hath defaced the Image of God in himselfe and ought therefore to bee punished Vice corrupts his Nobilitie sinne depriues him of pitie Thine eye shall not spare him Deut. 19. 13. For he which iustifieth the wicked and he which condemneth the iust euen they both are an abomination to the Lord Prou. 17. 15. To conclude Blessed is that soule which can be the seate of God Which is that saith Saint Bernard Himselfanswers The soule of the iust for Iustice and Iudgement are the establishment of his Throne Psalm 89. 14. Doe iustice therefore in these three things Redde superiori Redde inferiori Redde aequali cuique quod debes dignè celebras aduentum Christi parans in Iustitiâ sedem suam Giue to thy superiour giue to thy inferiour giue to thy equall to euery of them what is their due so shalt thou religiously welcome the graces of God into thy heart and thy selfe in iustice bee established the holy Temple of God Where if thou prepare him a residence in this life hee will prouide an eternall mansion for thee in his new Ierusalem of the World to come whither hee of his infinite mercy bring vs. Amen Deo Trino Vni Gloria FINIS Errata In the Latine Epistle the second page line 4. for sololes r. soboles p. 3. l. 9. r. well l. 12. r. lo● p. 5. in the marg r. Gillibertus in Cantic Serm. 30. p. 10. l. 7. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ier. 17. 4. Iob. 19. 7. De simili quaestione vide Beza in S. Mat. 7. 22. Gilbertus in Cantica Ier. 30. Philo Iudaeus de Fabric Mundi S. August de lib. arb c. 6. Aquin. 12. q. 92. Art 2. Plutarc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ● Plato de legibus lib. 12. S. Amb. in epist ad Rom. c. 5. Rud. Com. Graec. fol. 1033. Postellus de Magistrat Athen cap. 5. Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Postellus de Mag. Athen. c. 6. Plato de leg-Dial 111. Varro de ling. Latin lib. 5. Christoph interp Philon. Iudaei de offic Iudicis Iosep de Antiq. Iud. lib. 4. c. 8. Varr de ling. Lat. lib. 4. Non. Marcel de prop. Serm. Plut. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ambr. de offic lib. 1. cap. 28. Bern. Serm. paru Ser. 11. Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aquin. 22. q. 60. ar● 2. 1. Tim. 5. 1. Diligence Ambr. de of fic lib. 1. cap. 28. Ioseph Antiq. Iud. lib. 4. cap. 18 Philo Iud. de offic Iudicis Set. Munster Cosmog de Vngari● Budaus com Grac. fol. 1349. Aristot Eth. 5. c. 15. Esth 1. 19. Erissonius de Regibus Pers lib. 1. Tertul. Apol. aduers Gent. cap. 4. Hugo Card. in Eccles 7. 18. Knowledge Hugo Card. in S. Job c. 7. v. 51. To the Iudge Iustice Hutton Psal 82. 6 7. H●m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wisd 16. 15. Suet. in Vespas Postellus de Mag. Athen. cap. 25. Bern. de Aduen Dom. Serm. 3.