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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

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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
confound Hearing with Feeling Quomodo potest esse iustus alteri qui studet eripere alteri quod sibi quaerat Saint Ambrose would faine haue been resolued how it could possibly be that a couetous man should bee iust sith his care is onely to inrich himselfe no matter by whose goods Wherefore Gods command is that they take no gifts Exod. 23. 8. Again neither must his eares bee in his eyes when hee reades any of my great Lords letters either to the fauour or preiudice of the prisoner Cato was not more seuere then iust when he would haue Iudicem nec pro Iustis orandum nec pro iniastis exorandum A good Magistrate neede not be intreated to fauour the guiltlesse and should not be ouer-intreated to succour the guilty Wherefore if for feare of any great Ones the Magistrate peruert Iustice hee is in Iosephus opinion iniurious to the Almighty and blasphemous against God Quasi verò saith he is infirmior sit habendus quam illi quorum potentiae metu praeter ius fertur calculus Nam Dei potentia est iustitia Gods Iustice is his Power they then which lesse feare to oppose it then displease men feare men more then God and consequently esteeme them greater then God Nor may the poore if guilty claime a pitty It is due to his aduersitie not to his sinne Qui autem suâ sponte se obstringit sceleribus is non infoelix sed iniustus censendus est Hee which voluntarily mancipates himselfe to iniquitie must not be pittyed because poore but punished because wicked So Philo Iudaus instructs and receiues his warrant from the Lawgiuer Neither shalt thou countenance a poore man in his cause Exod. 23. 3. Yee must therefore decree 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to Gods iudgement 1. Pet. 1. 17. and according to his command Respect not any person Deut. 16. 19. Againe hee must not onely heare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from him that is accused but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before hee proceed to sentence Not according to that barbarous custome reported of Clagen a Towne in Carinthia where vpon suspicion they condemne the man and after trie the carcase but according to the laudable manner of the Romanes mentioned in holy Writ It is not the manner of the Romanes for fauour to deliuer any man to death before he that is accused haue the accusers brought before him and haue place to defend himselfe concerning the crime Act. 25. 16. But of this before To returne then Budaeus notes two other significations of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The first is Interpretari to interpret Notwithstanding indeed the Law written hath been heretofore said to bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the most part the guide of Iudgement yet because mens actions by their seuerall multiplicity may seeme to bee infinite and from thence may arise sundry particular cases which the Law in its generall mandates seemes not directly to aime at nor foresee by reason of diuers circumstances perchance extenuating the nature of the fact it would seeme harsh that these should be censured by the rigour of the letter Wherefore in the Iudges breast there may rest an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or middle equity tempering Iustice by the milder interpretation of her Law lest shee should seeme seuere yea euen to iniury yet so proportioning the Law to the fact that it may not seeme violated but mitigated not neglected but perfected Artaxerxes could not recall his sentence by the Persian Law but hee would oft-times asswage it cutting off the head-tyre for the head And no lesse humanity was in the Emperour Seuerus whom Tertullian testifies Suffundere maluisse sanguinem quam effundere Hee had rather punish rubore then morte by shame then death and it was esteemed a better tempered iustice for a light offence by a blush of shame to bring the blood into the offenders face then by the axe of execution to spill it on the ground And this equity the Preacher approoues by disallowing its contrary Be thou not iust ouermuch Eccles 7. 18. he shewed his reason in the precedent verse For there is a iust man that perisheth in his iustice Vers 17. The other sense of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Intelligere to vnderstand or know which leades me to the next generall requisite to a good Magistrate Knowledge How necessary knowledge is to a Iudge may bee somewhat euident by the meaning of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in my Text which is to Iudge but hath a neerer signification secerno to seperate or diuide one thing from another by election or refusall which intimates a knowledge After God had promised Salomon his request 1. King 3. 5. he answers by asking in the ninth verse Giue vnto thy seruant an vnderstanding heart that I may discerne betweene good and euill Wherefore because experience is the mother of knowledge and age most grounded in experience the Iewes Gouernours were the Elders of their Cities Not vnlike which Magistracie was the Athenians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to bee better expressed then by a third example the Romans Senate But not to walke vpon this beaten tracke my Text briefly appoints two things most especially to be knowne The first is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what it is that is done whether an easie slippe or a foule transgression and as Hugo Cardinalis comments ad quem finem for what intention for that measures the action The second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is done in act not intention for that makes the intention compleate But the time checkes A word of exhortation and so an end Though I doubt not Right Honourable that your wisedome may preuent my admonition yet I know a vocall warning especially from a Pulpit the Oratory of God hath its special force and peculiar energy Philip of Macedon knew well enough that he was a man yet he would euery day be told so Wherefore I beseech you and not onely you but all the inferiour Iudges euen to Iurours and the like to whom the whole scope of my Sermon is as applicable as vnto your selfe that you will beare a few words of exhortation They are but a few To day is Dies Criticus a blacke and gloomy day of Iudgement a little Doomesday a type of the great one When yee therefore iudge consider with your selues seriously these few particulars First what you are that iudge Sure you le blush when you call to minde Dust of dust a clayie lumpe a heape of ashes Terraterram iudicat Earth iudgeth earth Now yee are gods but you shall die like men to day you take away life to morrow you may lose your owne Nor are you exempted from the common lot of humane misery Now is the prisoners course very shortly may bee the best of ours If then you peruert iustice while the staffe is in your hand expect a deserued misery 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God
of stone that all might see and reioyce Here Ius Gentium becomes Ius Iudaicum and the inuiolable decree of Nature made stronger by the promulgation of God False witnesse is a fault against Nature yea and a sinne against God Thou shalt not beare false witnesse against thy neighbour Exod. 20. 16. God is truth falsehood is his enemie God is Iudge Psal 50. 6. And shall not the Iudge of all the World doe right Gen. 18. 5. No man must be condemned by his Law indict â caus â his offence not proued but at the mouth of two or three witnesses the matter must be established Deut. 19. 16. Moses deliuered this Law to the Iewes when they dwelt in tabernacles and it was yeerely repeated by the High Priest faith Iosephus at their Feast of Tabernacles Loe then how malice may peruert Iustice This Law was deliuered by God to Moses by Moses to their forefathers by the High Priest yeerely with folemnity to themselues and by themselues daily according to Gods precept to their children Deut. 6. 7. and might not Nicodemus then iustly wonder that being Masters in Israel they knew not this Let them then but checke their heady choller or shake off their lingring malice and they may through halfe-closed eies perceiue that God forbids false-witnesse not witnesse Probabilities indeed may be the ground of a suspicion but they must proue ere they can iudge which is the next considerable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Doth our Law Iudge c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iudge Virtus à vi say the Latine Critickes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Greekes Both Rome and Sparta so honoured warlike prowesse that they esteemed it as the Soueraigne of Vertues yea so much as that they would haue the name of Vertue in generall to bee deduced from strength and warre Yet Agesilaus a Spartan Prince no lesse honourable for Prowesse then Iustice would notwithstanding measure his greatnesse by Iustice not Prowesse For hearing some name the Persian Monarch according to his affected title 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Great King he taunts the swelling title by a question of comparison 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I pray you in what can he be greater then my selfe if he appeare neither wiser nor iuster And although hee knew well enough which way the streame would goe in the Lacedemonians iudgements honouring valour aboue all vertues yet being demanded which was the Nobler Fortitude or Iustice he gaue sentence on Iustices side and shewed his reason in his answer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Fortitude is but the guard of Iustice and were there no Traytors that would violate her we needed no valour to maintaine her Saint Ambrose makes good her excellency by comparing if not preferring her to another vertue of no lesse eminencie in a Christian then valour in a Spartan Beneficence Diuiding the whole frame of humane society into two parts Iustice and Beneficence of the two saith he Iustitia mihi excelsior videtur Liberalitas gratior illa censuram tenct illa bonitatem They are not vnlike the two sisters Leah and Rachel Birth-right preferres the one Nature the other Iustice is royall Liberality beautifull A Scepter becomes the one Mercy adornes the other Authority is the Crowne of Iustice Bounty of Liberality S. Bernard anatomizeth Iustice some what more curiously diuiding her not as a sister from Beneficence but as the whole into her two parts Beneficence and Innocency Now saith he Innocentia Iustitiam inchoat Beneficentia consummat To doe no wrong is the beginning of Iustice to doe right the perfection It begins in Innocency it ends in Charity So that Agesilaus his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To abstaine from oppression was but Iustice in its Innocency it must be the Suum cuique tribuere to giue each man his due to helpe the oppressed that can crowne it with Beneficence And indeed Iustice in this her perfection is the Queene of Vertues excelling all the rest by how much a common good which she onely respects exceeds a priuat or personall in which the acts of all at least the most of all the rest are terminated But this Theame of Iustice is too large a field to runne ouer in the few remaining minutes of an houre wherefore we will passe by it to view and but view its act Iudgement Briefly then the Learned haue as sufficiently as concisely determined and confined iust Iudgement vnto three conditions by the defect of any of which the Iudgement becomes vnlawfull First it must be according to the rule and square of Iustice otherwise it is peruerse and so vniust Iudicium Iustum iudicate Iudge righteous iudgement Ioh. 7. 24. Secondly it must proceed from iust authority else it is vsurped and then the party accused may iustly demand of such a Iudge as the Egiptian did vniustly of Moses Quis te constituit Iudicem c. Who made you a Iudge ouer vs Exod. 2. 14. For he can haue no power except it be giuen him from aboue Ioh. 19. 11. Thirdly it must be secundum rectam rationem prudentiae by the approbation of reason and prudence else if it proceed from suspicion or doubtfull and not manifest proofes it is vnlawfull because rash And in that sense our Sauiour forbids vs at all to iudge Matth. 7. 1. and the Law in my Text agrees with the Gospell Doth our Law iudge a man before it heare him and know what he hath done But because this may seeme to conduce to the office of the Ivdge it may leade vs to the second part of my Text the second necessary requisites to a good Magistrate Which because according to the Apostles grant I may exhort an Elder as a Father I will touch and againe lest by a rude petulancy or indiscreet presumption I might seeme against the Apostles rule to rebuke an Elder I will but touch and so draw to an end First then of the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hee must heare the Iudge must Heare The order of Nature in the manner of our sensitiue knowledge seemes to me to be a patterne of the order of Iustice in Iudgement Let then common sense be Queene in the part sensitiue the vtmost confines of the world of man The outward senses are the witnesses infallibly presenting their obiects vnto her of which after euidence presented from them and not before she can onely iudge T is easily applied by the termes in the similitude T is the witnesse that condemnes the man the Magistrate can but iudge after witnesse yet must he make diligent search Deut. 19. 18. He must stop one eare with Alexander against the witnes and reserue it for him that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and stands accused Neither must he only heare but heare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from him His eares must not bee in his hands that so by receiuing bribes against the rules of Nature and Iustice he should