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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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desperate imprecation S t Mat. 27. 25. The better part of this two thousand yeares His blood hath beene vpon them and vpon their Children Nor need we wonder for otherwise it could not bee The wisdome of God hath spoken it A false witnesse shall not be vnpunished and he that speaketh lyes shall not escape Prov. 19 5. Long Beloued I knowe I haue insisted vpon this Point of the Witnesses and not without some cause For the most instructions belong properly to those who are the Keyes of all controversies opening or shutting at their own consciences direction Now the Defendant I knowe would haue his place too but seeing the time hastens Vs and wee haue beene busied so long about the Plaintise as in course of Law hee answers by his Counsell it will not bee amisse if in the processe of this discourse we comprehend him in his Counsell 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 From my Adversarie A long thread we might easily spinne if wee intended to weaue the Schoolemans webbe in the enquiry of the lawfulnesse of the Defendants selfe-protection by Falshood Calumny App●ale or open Force all concluded vnlawfull in some case as repugnant to the ordinance and glory of God The time therefore preventing any long discourse and Your weighty affaires calling to the Practick part of what in this place you are to learne as in the Texts division we intimated the Counsell vnder the Defendants title here verso ordine wee will include the Defendants instruction in his Counsell or Advocats Whose right of living by their deseruing Faculty was never yet in my small reading called to question saue by the Schooleman and that for no other reason thē that for which all truth is questioned its farther illustration S. Augustine yeelds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Honour of maintenance as well as to any to their lawfull calling neither can the honour of Reverence bee by any meanes denied which all nations haue iustly pay'd to their protecting Advocates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Orator stiles them the Guard and Armie of defence vnto their Clients and therefore in my iudgment that Lex Cincia Muneralis the Law that M. Cineius preferred amongst the Romanes cutting from Counsellours their lawfull Fees argues the Law propounder himselfe to haue had but a gouty fist Nil patrono porrigit haec Chiragra est Surely his fingers ioines were knit with that covetous discase that he could never open his hand with a reward of gratitude to his protecting Advocate S. Augustine with a more impartiall sentence both decrees to them and confines them to their due Extorta per immoder atam improbitatem repeti solent data per toler abilem consuetudinem non solent What injuriously they exact they are bound to restore but what iust custome allowes they may with conscience receaue Our Sav ours determination is Indefinite Equipollent to an Vniverfall The Labourer that is Every Labourer is worthy of his hire Luk. 10. 7. Labour then they must they must plead as neither mute for feare Vt. Lugdunensem Rhetor dicturus ad aram For so through the impotencie of his cowardly passion he betrayes the iustice of his Clients actions nor silent for reward for indeed Plu●●… that blind mony-monger hath too oft an imperious power over an orators tongue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Comedian expresseth it He so stops and bungs vp his mouth with a morsell of clay that there is not a cranie left for a sentence to crowd forth to the defence of the Innocent Speake then they must And then againe two things let them seriously obserue in their office of pleading and so shall they well deserue the Labourers hire as an overplus of recompence merit that Grande 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or generall approbation of all their Audience Now because Oratoris virtus est vera dicere An Orators best eloquence in Plato's iudgement is to speake the truth these two things are requisite First That they speake that Truth Substantially then That they speake it Syncerely In a word That they deliver it with a good tongue and from as good an heart To render the truth Substantially is to speake it plainely and succinctly or briefely neither trifling away the Iudges time with too long or too impertinent enlargements nor preoccupating hiseares with tinfoiled or gilded sentences In the Veneti●● Iudiciarie Courts of Controversies a certaine time is limited to the Advocates Vltra quod orationem protendere non possunt as a Gentleman of that City testifies which by Law they can in no case exceed Hee that speakes Truth speakes enough in two lines Sed tu Gosconi dis●ica long a facis But how many are there in our lists that are too too tedious in but two lines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A whole volume of solid expressions never wearies the hearers but nothing to the purpose is tedious though but two words If then a word be so tedious sure many of those impertinent scroles are burthensome vnto excesse that in a whole Centurie of lines cōtaine nothing pretious saue their price which God knowes so wrings the poore petitioner that so long as hee liues after hee hath experimentall cause to approue our Saviours counsell as well in common Politie as Divinity Agree with thine Adversary quickly Mat. 5. 25. No bauling Tertullus could be heard of in Athens where their honest proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as mute as a Lawyer or Iudge condemnes many of our Pleaders importunity in the proverbiall protestation of theirs at least the Iudges their examples Modesty Brawlings at the barre are disproportioned instrumēts of peace Nam qui maledict is indulget potius inimici pravi hominis officium facere quàm Reipub causam agere videtur Contarenus of Venice justifies that malignant words from an impotent and passionate Advocate are a pregnant witnesse that hee forgets his office which is by manifestation of Truth to advance Peace not by contentious tearmes to kindle strife The Second requisite is to speake Syncerely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so did the Athenian Baristers neither decking a bad cause with Rhetoricall flowres nor procuring a perverse and vniust pittie to the oppressour by patheticall or passionat expression For the iustification of the wicked as much as the condemnation of the Iust is an abomination to the Lord Prou. 17. 15. Againe to speak syncerely is to speake Down night without either vaile of Hypocrisie or squint eye of prevarication which we doubt not but too many glance their faces turned towards their Clients but their eyes bent backe vpon themselues alone whilst they seemingly plead the Widowes cause but without satiety gape at their owne Iucre worshipping their God as the Ephesians did Diana Act. 19. 24. Then best when they see him in a silver shrine and then are they easily seduced to mistake the Divell for God when hee transformes himselfe into the shape of an Angell 2. Cor.
in his accusation And if I should say that a moderate respect ought to bee had to the Mercenary basenesse of the penurious and the both fawning revengefull nature of the servile persons condition I could both vrge the Roman Laws for my defence and the Schoolemans Thesis together with Boetius his complaint for my protection Si minus accusati innocentiae at accusantium vilitas pudori esse debuisset If Theoderick would not be perswaded that the Defendant was innocent yet well might he haue blushed at the basenesse of the complainant And indeed if wee doe but looke into our owne Courts of Iustice we may two plainely God knowes conclude that it is not so rare for men of meane condition to be Mercenary in this accursed kinde when we so daily behold the fraternity of the Post who almost hourely in their seasons make no bones of morgaging their soules to be knighted of the Divell A knighthood they call it wretched Caitiffes as they are and indeed it wants not some ensignes of the order for their Periuries are their Spurres which prick their guilty soules Post Post hast vnto Hell I passe by the infidelity and infamous course of life in the witnesse both impairing his evidence in the iudgement of the meanest Iurie But let these mercenary perjurers to their terrour knowe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that sweares false hath a sharpe tongue that with one word murthers his neighbours body his owne soule Morte plectatur was Plato's sentence Let him die the death But Gods iudgement of Talion in parity of case is juster though not much easier Doe vnto him as he thought to doe vnto his brother Lev. 19. 19. 'T is worthy the observation that notwithstanding by Vrim and Thummim Exod 28 3. the generall streame of Interpretors construe Light and Perfection Yet Philo Iudaeus renders them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Truth and its manifestation For indeed Truth is Light and he that was the Light S. Iohn 8. 12. Was the Truth too cap. 14. 6 Now Paulum sepultae distat inertiae Celata virtus valour without expression hath no more honour then sluggish dastardy and A simili Truth that is silent looseth its owne both reward and beauty No man puts a candle vnder a bushell S. Matth. 5. 15. Manifestation then is Perfection too Truths perfection and witnesse is no more then Manifestation in Salvians opinion Testimonium esse dicitur quo rerum veritas approbatur Evidence is nothing but an approbation of Truth So that in Aarons garment God made expression of his loue to Truth and her manifestation placing them in Loco Sacerrimo iuxta pectus faith my Author vbipars animi est qui principatum obtinet vpon the most sacred part of that Hallowed person and the chiefe mansion of his soule his Breast as the most pretious ornament and most proportioned to that part which aboue all others is esteemed most precious Heare therefore and tremble who ere thou art that hast whetted thy enuenomed tongue with falshood to thy brothers prejudice learne I say with trembling whom thou hast grieuously offended and whom therefore thou must answer in the most dreadfull day of the last iudgement Isidore tells thee thou must answer three Deo quem contemnis Iudici quem decipis Innocenti quem laedis Thou must answer God whose ninth great Commandement thou hast violated Thou must answer the Iudge too whom by thy falsehood thou hast deceaued and thou must answer thy innocent Brother whom by thy calumny thou hast wounded But when Periury is added to thy Lie Scelus prorumpit ad impietatem exclaimes Philo Sinne breakes forth into shamelesse impiety 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Pericles loued his friend withall his heart and was his servant too Sans complement in what he might to be commanded yet this friendship had an honest limitation too 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you shall giue him leaue to loue God best hee will bee a friend vnto his friend but not periured for him no nor for his owne father Erubesce Christiane Blush O thou false Christian This Infidell this Heathen man in reverend Salvians iudgement is better farre then thou Qui sub tam magnae professionis nomine vivis positus in religione peccas He never heard the precepts of the Gospell thou art taught them Hee never saw the Law of Life but thou hast read it In the midst of life thou art in death Perdidisti vim tantinominis Thou hast lost the glory the weight of so great a name as Christian and art worthy to be beaten with many stripes S. Luk. 12. 47. Who ever thou art therefore that hast offended knock thy breast and petition with the Publican for mercy At what time soever c. Ezek. 18. 21. Remember the rest and despaire not of remission But Thou whose purer soule is cleare from this offence this bloudy crime goe on in the peace of God and good luck haue thou in the name of the Lord. Speake the troath and so honour God speak the whole troath and so preserue thy hurtlesse neighbour and speake nothing but the troth and so help thee God Make not a lye of nothing as did the sonnes of Belial against guiltlesse Naboth 1. King 21. 13. Make not a lye of the truth as did the witnesses against our spotlesse Saviour Matth. 26. 61. This man said I can destroy the Temple of God and build it againe in three daies For truth it was indeed that he did say Destroy this Temple and in three daies I will raise it vp againe S t Iohn 2. 19. Yet were those witnesses by the infallible testimony of the holy Ghost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 False witnesses Mat. 26. 60. And for their falshood three reasons by the Fathers are alleaged First because they gaue their evidence Malo animo with a malitious intent and for reward and not for manife station of the Truth benefit of the common wealth which was evident by their long concealement Secondly they did it Alijs verbis in other and not the same words which he spake himselfe as by comparing places may appeare Thirdly and principally they did interpret what he said Diverso sensu in another sense then that which himselfe meant which is the greatest injury of all For in the order of Nature Eius est exponere cuius est componere Words are but the signes of thoughts and hee that speakes them knowes his owne thoughts best and therefore in a rationall consequent should be his owne interpreter as best knowing to expound them truest They expound his words of the great Materiall Temple of Hierusalem but he meant them of the Temple of his Body Iohn 2. 21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore False witnesses they were and so are all such as doe the like But punishment hath overtaken them Gods vēgeance sticks fast vnto them they are ceased from being a nation and according to their