Rarâ temporum faelicitate ubi sentire quae veli◠quae sentias dicere licet Tacit. procem hist not only think what he wil but also speak what he thinks Let the like happines of ours be a ioyfull memoriall for ensuing ages and let vn-borne posteritie haue cause to triumph in the matter of our glorie But I leaue this consultation in businesse of State and passe to deliberation before iudgment Quid agendum What shall wee doe g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist 3. Eth. Things of small importance may for a while possesse our fancies but seldome take vp our serious thoughts We cā here quickly resolue This we will doe whereas weighty affaires deserue pawses and demurs What shall we doe You are now beloued in Ahasuecus case expecting when the Iudges will passe their sentence The one vpon mens estates the other vpon their persons The least is a matter of no ordinary consequence I need not exhort either Iudge or Iurer otherwise then God inioyned in the like case Thou shalt enquire and search and aske diligently in the 13 of Deuteronomy Questionlesse he well weighed the value of a man and priz'd his life at an higher rate then to haue rash decrees make hauocke of his blood h meruit quo crimine servus Supplicium quis testis adest quis detulit Iuv. Sat. 6. Such a cause deserues an earnest enquirie concerning the matter of the obiection the reputation of the witnesses the disposition of the accusers i Targ. Ionath in Num. 9.8 Rabbi Ionathan obserues of Moses that being to examine ordinary inditements he did hasten but in the cause of those that were to dye his sentence was not so speedy In Targ. k Nulla unquam de morte hominis cunctatio longa est Juven ibid. No delayes can be tedious no paines superfluous no interrogatories frivolous when a mans life depends on the Iudges and Iurers diligence His life which Satan perceiued to be so much worth that a man will ransome it l Iob 2.4 with all he hath Precious gale of breath that cost the mother so many pangs and throes to bring it forth that cost its owner so much care to preserue it so much tendernes to cherish it and must hee now at last through the malice of accusers or the periury of witnesses be depriued of it which for want of deliberation are not discouered m Vlpian How doth old Rome that allowed nine houres for defence of each petty cause condemne our ouerture and our hastie proceedings shall they haue such large respite for their estates and we so litle for our liues Well may the life of man be termed a buble if it deserue but such a momentary triall But obserue the Holy Ghost Deut 19. The Iudges shall make diligent inquisition which implieth long aduise and mature deliberation But while I exhort to deliberation before iudgment a tedious sute long depending prevents my exhortation The forlorne Client is tired out with delayes while his Advocat demurs about his cause as long as n Deliberandi unum sibi diem postulauit c. Cicer. de nat Deorum Simonides did about the nature of GOD. Hieron must first allow him a day afterwards two at last the longer he was about it the lesse he had determin'd Thus while they are consulting and doubting what may be done the deluded Client is quite vnd one o Charron of wisedome Therefore a certaine Lawyer doth aduise euery King to abolish that pernicious mystery of pleading you see he makes bold with his own profession but I forbeare such peremptory and tart language and reprehend it no otherwise then milde Ismenias did his Schollars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p Plut. in vit Demet. It ought not thus to be No it ought not to be that the Lawyers What shall we doe in a pretended deliberation should driue the Client to his Quid agam in an exigent of passion and so make him crye with those in the Acts which were pricked at the heart with sorrow and anxiety Men and brethren what shall I doe I am now a companion for that distressed Steward q Luk. 16.3 Digge I cannot and to begge I am ashamed Those many acres which I once possest are through lingring sutes brought to six or seuen foot to hide my carkeise Neither can I enioy that without the submisse Epitaph of Cyrus r O homo ne mihi sepulturam invideas Cons of time O man envie not vnto me this small parcell wherin to bury me Thus hauing nothing left of what he was but the remembrance he passeth from a tedious iudgment on earth to one in heauen more speedy such as Paul tels vs shall be in a moment in the twinkling of an eye and he that wanted the fauour to be iudged heere may haue the honour to bee a Iudge heereafter Know yee not that the Saints shall iudge the world 1 Cor. 6.2 Their nimble thoughts shall not be clogg'd with needlesse demurs but will instantly approue what the supreme Iudge decrees And Lord let this chearful expedition hasten the zeale of our earthly Iudges that thy people may haue quick dispatch from misery and thy truth an increase of its due glory And lest thy Vice-gerents should through misprision or connivence be mis-led giue them vnderstanding to know the law and grace to follow it as their vn-erring guide which is my last part The leuell and rule of iudgment The Law What shall we doe vnto the Queen Vasthi according to Law The positiue Law and Man were once of an equall extention One Law and one Man That Law accidentally taught him to know Sin the increase of Sin hath taught his posterity to know good Lawes Ex malis moribus bonae lages When the Lawes of nature would not serue the turne humane power put on Maiestie and angry Iustice learn'd how to discipline their enormities with a rougher hand So that at last varietie of Lawes beganne almost to preuent their crimes Iustinian makes them ſ Instit lib. 1 Tit. 2. Nationall Ciuill Those naturall reason made common to euery Country these vpon particular occasion were peculiar to such a society t Aquin. 1ª 2 ae quaest 94. art 3. Therefore 't is the rule of Aquinas that a Law must agree with time place 1ª 2ae q. 95. art 3. It seemes there was some Law proper to the Persians that took hold of the Queenes disobedience And it was a good precedent of the King being aboue that Law to submit himselfe to the direction of the Law What shall we doe saith he according to Law Hereby a King is distinguisht from a Tyrant The King doth measure his attempts by Iustice the other Iustice by his power The Tyrants force is his equity and the sword his duty Laborious cruelty is but sport to his guilty hands till his wild vnbridled passions haue run out of breath in a curreer of blood The pleasure of
Commodus was Law enough to warrant the mangling and massacres of his subiects by making them enter the list with beasts O that excesse of power should so transport one beyond nature as that his will should be all his reason to rank men with creatures so vnreasonable wherefore one in Seneca would haue those to be least free which haue power to be most guilty and wisheth it not lawfull for such to haue liberty to doe that which is vnlawfull to be done But what Shal any dare to limit soueraignty and prescribe Maiestie its duty shall he that enioyes the subiection of others by the law be subiect himselfe to the law No in no other sense then that of Aquinas Quantū ad vim directivam non coactivam in 1ª 2 ae of his Summes Not that the lawe should drawe him by compulsion but lead him by directiue perswasion v In Decret lib. 1. Tit. 2. Cap. Cum omnes If hee conforme his actions to the prescript of the lawes it is of his owne accord if he doe not is he liable to acount Yes but it is only to God Against thee only haue I sinned saith King Dauid Psalm 51. Those modest times had not the face to capitulate with their Soueraignes The pride of faction had not yet hatcht this rebellious doctrine That if Kings obey not laws subiects haue leaue to disobey their kings No let it glory in no ancienter author then New Rome and in no better successe then confusion And seeing it owes it selfe to Iesuited Patrons let it be banisht this land together with their persons And let them whom it concernes be inquisitiue for autoriz'd Rauiliakes such as doe not value the price of a man much lesse of a Prince otherwise a fee should neuer perswade them to hazard their owne liues nor to rifle for a few peeces of coyne in the bowels of their Soueraigne and so sell his deere blood for an houres wages But while I exempt Princes from humane censures I incourage not their neglect of humane lawes The law is the life of a state their practice is the life of the law Then it concernes them that haue most power to uiolate lawes to haue most care to fulfill thē x Non tam imperio nobis opus quā exemplo Plin. Pan. Else the imitating vulgar will grow vnruly by the example of their Rulers Which his Maiesty implies in aduise to his sonne in 2d booke of his Basilicon Doron Wherefore himselfe measures not the law by his owne will but conformes his will to the measure of the law This is his practice this is the duty of all Iudges What shall wee doe according to law Which words admit of a double sense First According to law that is as much as the law inioynes Secondly According to law that is No more then the law intends And first of the first sense as much as the law inioynes What shall we doe according to Law z Iustinian lib. 1. Tit. 2. institut That Imperiall giuer of the law makes giuing euery one his owne the end of the law And I desire no iuster distribution then S. Paules in 13 to the Rom. The Magistrate is the minister of God to thee that dost well for good but if thou that which is evill bee afraid The law then doth assigne to euery publique action Reward or Punishment as its due guerdon The least open good may challenge some reward if thou gain nothing else yet the Apostle promiseth Thou shalt haue praise But if thou doe not well sinne lyeth at the dore God made it the doom of Cain and the law makes it thine Sinne lyeth that is punishment the reward of sinne by an Hebrew metalepsis as I am warranted by a Parae c. in locum approued authors Now this punishment without the Law were but a wooden sword in the hand of a grim Anticke able to awe none beside fooles and children But if authority come arm'd with lawes the sinnewes of State it can strike terrour to the stourest heart b Iustinian in proaem institut No marvell then that the Emperour thought Maiestie but adorned with armes and to be arm'd with Laws Thē let any peece of this furniture bee laid aside malice will level its ayme at that open part Whether it bee the helmet for the head or the breast-plate and shield for the body politique Those helmet-lawes which doe fence the head are of the greatest moment Seeing on the safety of that depends the welfare of the whole State Our glorious Head hath receiu'd in this kinde from the prouidence of Ancestors armour of proofe against all annoyance Now bloody Iesuits those sly messengers of Antichrist are alwaies furnisht with messengers of death Thanks be to God this body of ours hath escap't in the head for God hath dealt with vs as with Dauid by his protection c Psal 140. vers 7. he hath couered our head though we haue as it were put off the helmet I meane lawes to this purpose haue layen in a long sleepe and for good reasons of State haue not beene executed Yet wee haue with Achilles receiued wounds in the heele which are still fresh bleeding in the inferiour people They beginne to putrifie to draw contagion through the whole body But the sword is now vnsheath'd you haue is againe in your owne hands 't were pitty it should euer be put vp till it hath cut off our home-bred corruptions and giuen all forraine factours their fatall blowes An ill man once spake like a good Cittizen Act. 19. The law is open And how can I vse a stronger motiue then to presse your consciences with your free leaue His Maiesty told you he did for a while d His owne word in his first speech in the Parliament 1623 conniue but now againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The law is open It is open I hope for the Iudges to execute it is open for accusers to implead Then hauing against these maine enimies the laws full advantage what shall wee doe according to law The body of our State hath other pernicious adversaries that dayly afflict it with continuall wounds The extenuating of murther by the fauorable name of man-slaughter hath cost our King many a subiect and this land euen streames of blood T is not for me to censure the law yet thus much I knowe that the Law of Moses and the law of conscience will scarce admit some of our limitations Doth a man come presumptuously vpon his neighbour God tells you by Moses he shall dye Ex. 21. But except he assault him vpon long-studied malice and purposed revenge with vs he shall not dye We say he did it in his anger and he slew a man not murthered him But old Iacobs propheticke spirit well knewe the minde of God therefore suffered not his own sonnes so easily to escape e Gen. 49.6.7 O my soule saith hee come not thou into their secret vnto their
Aske but g Tert. Apol. Tertullian or h Aug. lib. 2. de ciuit Dei cap 7. Austin their censure on the gods of the Heathen they 'l tell you that no men were more incestuous then they that were taught by their Iupiters practice i Ter. Eâ—… And that wretch in the Comedian would take leaue to sinne vnder his protection What Iupiter memorable for fornication and I so chaste being but a silly man Ego homuncio non facerem Thus euery slip is a crime in a Leader since it doth become a rule of errour If a meane one offend his sinne is neglected as much as his person but the supposed wisedome grauity and justice of superiours win credit to their vilest actions Well then might judge Mines in k Lucian dial mort Lucian acquit Sostratus on this condition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 See thou teach not thy offence vnto others l Cyp. epist 2. Scelus enim non tantum geritur sed docetur saith Cypr. for such as these doe not so much act as teach offences Therefore 't is presumed that the torments of such encrease in hel as the liuing increase in sin through their example No maruaile then that they are so afflicted in St Iohns vision Who are so forward there as the Kings of the earth the great men and the chiefe captaines and the mighty men to hide themselues in the deus and in the rockes of the mountaines Rev. 6.15 They that once made the earth tremble with their power doe now tremble like the earth vnder the hand of the God of power They that once did teach to offend by their examples are now taught what it is to be precedents of offences If God deale thus on his heauenly Tribunal no reason his Deputies on earth should be partiall If he spare them least whose offences are exemplary then what shall be done vnto the Queen Vasthi Againe it is the custome of greatnesse to challenge impunitie by reason of their eminence so that in time they 'l out-face authority then in this respect what shall be done vnto the Queene Vasthi The stamp of soueraignty is sacred therfore quickly defaced by a rebellious hand Touch not mine anointed preuailes nothing with a seditious mind especially where the hand is as well armed with power as the heart with disobedience None but such as are able to make head dare demand Who is Dauid 'T is conceit of equality that encourageth great ones to a contestatioÌ„ with magistrates They dare imitate Socrates m Tul. 1. de orat Qui Dominus videbatur esse Iudicum whose proud innocence disdain'd the Iudges and made his vnmannerly zeale laugh Iustice in the face Should one aske herein the Athenians aduise they would prescribe an Ostracisme banishment at least for such daring offenders As Cato perswaded the Senate in Rome that Carthage was an enemy too powerfull to be so nigh them Then the security of the State must be purchas'd with the ruine of Carthage Lawes had neuer resembled cob-webs had there not bin such strong offenders The feeble gnats yeeld to the least resistance whereas violent fowles will not be restrained by such contemptible engins 'T is easie to vanquish an vnarmed slaue and to insult on the weaknes of a manicled captiue but to subdue those that like him in the Gospel neither feare God nor care for men requires both power and resolution Or howsoeuer these high transgressours may escape mans judgment or n 1 Cor. 4.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mans day as Paul calls it yet the Lord of hosts hath a day if they 'l beleeue Esay which shall be vpon euery one that is proud and loftie and vpon euery one that is lifted vp and he shall bee brought lowe And vpon all the Cedars of Lebanon that are high lifted vp and vpon all the oakes of Bashan 2 of Esay They shall then confesse with vanquisht Iulian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou hast ouercome O Galiaean This out-brauing wretch as o Theod. Ecclef hist lib. 3 cap. 20. t is in Theodorit that but now did swell with vaunting threats lay groueling on the vnwelcome ground when he apprehended the terrours of God Such acts of diuine Iustice prescribe courage to temporall magistrats and bid them not feare the most puissant offenders This also we learne of humane policy Then what shall be done vnto the Queene Vasthi Now to make way for resolution may it please you to examine how her condition doth agree to this our occasion Our Land doth afford many Vasthi's eminent offenders the authority of whose persons drawes others to second them in their crimes It is pesterd also with powerfull offenders whose daring greatnes doth promise them immunity from punishments But the mercifull justice of our gracious Soueraigne doth with Ahasuerus depend on his Assessors for the censuring of these enormities I could carry back your memories but a few scores of yeares and there shew you a King of this land relying on the Iudges determination What should be done vnto the Queene There are more which admire his impartiality then approue his fact But our present happinesse bids me confine my speech to our own times and apply to your consciences a noble president for your happy proceedings That sincere Court whereof your Honors were lately members durst adventure on the States most potent enemies They had I presume both your approbation and assistance Wherfore ride on ye men of renowne and prosper good lucke haue you with your honor You may in your circuit meet with such whose power doth arme their crimes and makes them sinne authority in the face Therefore let me bespeak you as the Prophet did that God whose dispensation doth tearme you Gods you aske What shall we doe I answere in his words p Psal 83. Doe vnto them as was done to the Midianites vnto Sisera and vnto Iabin at the brooke of Kison which perished at Endor and became as the dung of the earth Let an impartiall doome pursue their transgressions and let their due shame attend them to their graues q Non tam ut ipsi pereant quà m ut alios pereundo deterreant Senec. Seneca shall giue you the reason Not so much that they may perish but to terrifie others by their perishing r 2 Sam. 24 17. I haue sinned saith Dauid I haue done wickedly but these sheepe what haue they done His conscience thought the punishment preposterous that his people should be led as sheep to the slaughter and yet he escape his deserued censure And among vs how many silly sheep sacrifice their cheape liues to appease the law for their offences whereas eminent transgressours that sin with an high hand make shift to flye aboue the reach of Iustice I feare sometimes they borrow wings of that Doue in the Psalmes which is couered with siluer wings and her feathers of gold Psal 68. 'T is they that sin they that doe wickedly and in comparison of