Two sermons The Christians comfort in his crosses, conducting him in the tempests of tribulation, to the happie hauen of heauenly tranquillitie. And the iudges, and iuries instruction. By William Est, Maister of Art, and preacher of Gods word.

THE IVDGES AND IVRIES INSTRVC∣TION.

Ioh. 7.51

Doth our law iudge a man before it heare him and know what he hath done?

TO omitte all circum∣stances of time, place and persons: This question (as our Mai∣sters of Logick say) may be resolued into a proposition: or (as ••e Rethoritians say) implieth a proposi∣••••on with an absurditie vpon the contra∣••••e: As that, Gen. 18. Shall not the Iudge 〈◊〉〈◊〉 all the world doe right? and Rom. 6.1. ••hall wee continue in sinne that grace may a∣••••und? God forbid. So that it is in effect ••s if hee had sayde; Our law doth not ••••dge any man before it heare him, and ••now what hee hath done. Wherein obserue three things.

• 1. That the law must iudge, or the Iudge by the lawe: Doth our la•• iudge? and this requireth in the Iudge knowledge of the law, and obedience to the law.
• 2. What is the subiect of this iudge∣ment which must bee iudged? a Man: which teacheth the Iudge to to iudge warilie, and without re∣spect of persons impartiallie.
• 3. The order that the law requireth in iudgement; To heare the ma•• speake for himselfe, and to know wha•• he hath done.

For the first, the written law, ho•• good soeuer it bee, is dead in it selfe like a sword layd vp in scabert, or preti∣ous Oyntment shut vp in a boxe: Th•• Magistrate therefore is added, to reuiu•• this dead body of the law, as Elias di•• the childe being dead, by stretching himselfe vpon it: By which coniuncti∣on, the law becomes a Magistrate, and the Magistrate a law: The Magistrat•• lendeth a mouth to the law to speake and the law teacheth him a rule to spea•• aright. So that hence this poynt is mad•• playne; The law must iudge by the Ma¦gistrates

mouth, and the Magistrate by the law, as the mouth by the heart. This may be gathered by the words of Nicho∣demu•• here, when he maketh the law the Iudge; Doth our law iudge a man befor•• it heare him, and know what he hath do••••? by the mouth of the Iudge, or the Iudge, according to the law. And therefore the Lord commaundeth Ioshua to medi∣tate in the law day and night, and not to let it depart from him. Which also is meant of the Iudiciall law; And an argument here∣of are Pauls words to Ananias; God shall smite thee thou whited wall; for thou fittest to iudge me according to the law, and comman∣dest mee to bee smitten contrarie to the law. Wherein we learne two things: 1. That the Magistrate is set in place of Iustice, to iudge according to the law. 2. That therefore the sinne is great to iudge be∣side the law; but to iudge contrarie to the law, deserues to bee smitten of God himselfe. Neither must wee thinke that this law of the Iewes, had onely this pre∣rogatiue: for euery good law hath the same that the Ciuill law hath: As Iusti∣nian sheweth; lib. 40. institut. intitulo de officio Iudicis: Where, in the very first

words he faith; Imprimis illud obseruare debet Iudex ne aliter iudicet quālegibus, &c. The Iudge ought especially to obserue, that he iudge no otherwise then by the lawes, &c.

And that the lawes in seuerall coun∣tries had the same authoritie, may ap∣peare by Eschines Oration; wherein hee affirmeth, that the Athenian Magistrates were sworne thereto. Whereunto it see∣meth, Themistocles in Plutarch had refe∣rence, when Simonides the Poet reque∣sted him to giue sentence with him in a matter vniust, answered; Ne{que} tu bonus poeta si praeter musicae modulos caneres, ne{que} ego Iudex iustus si contra leges pronunciem: Neyther art thou a good Poet, if thou violate the rules of musicke; neither am I an vpright Iudge, if I giue sentence a∣gainst law.

I stand not heere (though I might) to discusse that subtile question, disputed in the schooles; Whether is to bee pre∣ferred before other, the Law or the Ma∣gistrates? Wee are rather to giue God thankes that wee haue such good lawes, and with all, good Magistrates to put them in execution, and to iudge accor∣ding

to the law: Neither yet do I so mus∣sell the mouth of the Magistrates, as that when the law is defectiue he should bee mute: but this I say, when the law is not defectiue, the Magistrate should iudge according to the law. And hence it fol∣loweth that the Iudge ought to know the law, and to obey the law. I need not (Right Honourable) to mention your knowledge in the law: but the thing that I woulde put you in minde of, is; That you would persist to be as you are obedient to the law, in iudging by the law. And here would I giue you but the same counsell as Claudian once gaue to the Emperour Honorius.

Vt te totius medio telluris in orbe, Viuere cognoscas, cunctis tua gentibus esse Facta palam, &c. Nec tibi, quid liceat sed quid fecisse de∣cebit, Occurrat, mentem{que} domet respectus honesti.

Remēber that you liue in the publique view of the world, & that your actions are open to the eyes of all men: there∣fore thinke not what lieth in your pow∣er to doe, but what is fitte, and seemely

for you to doe, and let the due respect of honestie rule your minde, and sup∣presse your passions.

All mens eies are sixt vpon you; if you keepe the law, all will be the sooner in∣duced to doe the same. And as Cicero sayth; Omnes legibus serui esse debemus vt liberi esse possimus.

Which you shall do the better, if you consult and aduise often with the law, and not trust too much to your habituall knowledge: for though you may iudge right to others, yet it may be a sinne vn∣to your selues, and not rightly, except it bee vpon your knowledge that it is law: for none is iust, but he that know∣eth hee doth iustlie. And thus much for the first point; That the law must Iudge.

2. The second thing is the subiect of this Iudgeme••t, which must bee iudged; A man: and this requireth in you both warinesse, in that you must iudge so ex∣cellent a creature as Man; and impar∣cialitie, in that you must iudge a Man without respect of any state or cōdition whatsoeuer, but onely as a mā, & for the excellencie of man. To omit all cōmen∣dations that the Philosophers gather,

and onely as Caleb and Ioshua, to shew you but a cluster of these grapes: the making of the least creature in the world (in that betwixt being, and not being, there is no proportion) required as great a power as God Almightie, so that each creature in the world is, if not Imago, yet vestigium dei, a print of God; yet in Gen: shal we finde, that of all other crea∣tures God said let them be, and they were: onely when he comes to make man, doth as it were (to signifie the ex∣cellencie of the worke he had in hand) call a counsell and saith: Let vs make man, not as other creatures; a darke resemblance of vs, but in our owne likenes and simi∣litude. So that the whole worke of the creation, is by some compared vnto a chaine, reaching from earth to heauen, wherein man as he lookes vp to God, is ranged in order with his fellow crea∣tures, but as he lookes downe vpon the earth is Lord and chiefe of all. But least some shuld replie, that these priuiledges belonged onely to man in his estate of innocencie, but now they belong not to him, nor any such excellencie, no more then the kingdom of Sicilia to Dionysius,

when he taught in the schoole. I an∣swere: As it is lost in one, so it is lost in euery man which is sufficient for this purpose; but that it is not absolutely lost in any, God himselfe witnesseth, Gen: 9. Who so sheddeth mans blood, by man shall his blood be shed, for in the Image of God hath he made him. Cōsider now with what wa∣rines you should iudge man, such an ex∣cellent creature, euen the image of God. This remēbred, would haue kept Herode from so hastie murthering of so many harmeles infants, and the bloodie Spani∣ardes frō their more then sauage murthe∣ring of the poore Indians. And surely I should hardly beleeue it, were it not re∣ported by a Bishop of their own, one Bar∣tholomeus, how that in the cōquest of the west Indies, they were accustomed to slay the Indians to feede their dogges withall. This is so horrible & cōtrarie to mans nature, that me thinkes it should be incredible. But if they were so sauage towards them that were men as well as they, but that they wanted a little in∣struction, how would they (thinke you) deale with vs whom they count Heretikes, and worse then Infidelles? But to returne to the point; The ancient

Romanes (for in the latter time they were more corrupted) shall rise in iudgement against those Magistrates which regard not as they ought, what they iudge. Ti∣tus Flam: amongst them was put out of his office and disgraded, for that he cau∣sed a man that was before condemned, to be hāged in his parlour. A mans life is not a matter to be plaied with, or iested at: and this is that which God would ad∣monish his people of, Deut: 17. that their Iudges should be of their owne people & brethren, euen men like them∣selues, and not strangers, but of Gods people, instructed in his law, which well knewe the excellent subiect of iudge∣ment, which is (Man) Gods most excel∣lent creature. As did king Dauid when in the deepe consideration thereof he said, What is man, say I, that thou art mindfull of him, and the sonne of man, that thou visitest him? Howbeit, far be it from me that I should seeke to hinder the seueritie of Iustice: I knowe that there is no crueltie so bad, as that which somtimes masketh vnder the name of mercy: and I knowe also that our age rather requireth seueri∣tie then lenitie, & fewer would doe euill vpon

if they sawe punishment duly executed vpon malefactors. But as the Iudges ought to be vpright in all causes, so chiefely in matters of blood, for feare nor fauour to winke at murther, that when such a one is conuicted before them, they may say with the Elders of Israel, Our hands haue not shed his blood, nei∣ther haue our eyes seene it. For if the Iudge be partiall herein, though he did no vio∣lence, yet his eyes haue seene it, and winked at it, and he said nothing. A no∣table example to this purpose we haue, 1. Reg: 20. where God sent this message vnto the king of Israel, because he let Benhadas goe, whom God had appoin∣ted to die, thy life shall goe for his life, and thy p••ople for his people. But this is it I commend vnto your Lo: which was so much praised in Sulpicius, of whom it is saide, that he neuer iudged any man vnaduisedly, nor euer tooke pleasure in the iust execution of iudgement: but his teares were often seene to trickle from his eies when he pronounced iudg∣mēt of death vpō any man. So when you come as Chirurgions to launce by law corrupt members, that the soūd part may

be preserued, you must come, though with an eagles eye, and a Lyons hart, yet with a Ladies hād, & iudge man as man: that is, as an excellent creature, warily: yet as a man without partialitie, boldly. In that dangerous time when Gr••ece had almost lost her libertie, Animantus repro∣ued by Themistocles because he was too slacke: he answered, that such were bea∣ten commonly in the Olimpian games which were too forward; yea quoth Themistocles, sed nec eos quise subdu••unt co∣ronat quisquam, but none crowneth them that conuey themselues out of the way.

Adimantus noted Themistocles of rash audacitie, and he againe accused the o∣ther of timerousnes, who detracted to fight when opportunitie serued. I wished your Lo: to make no more haste then good speede, and now I must beseech you not to stay when you should goe forward, not to stay iudgement though it be against mightie men, though it may be you may haue some to lay holde on the skirt of your gowne to stay you: not to punish in one, what you will spare in an other: A fearefull Iudge that standeth in feare of the mightie, will be swaied by

the authouritie of the mightie, and is made such a slaue to his affections, that the least thing will corrupt him. Thus saith the mirrour of wisedome, To haue respect of persons is not good, for such a one will transgresse for a morsell of bread. Surely there is not one point in the Iudges office whereunto the scripture speaketh more then to this. Iehosophat placing iud∣ges ouer Israel, exhorted thē saying: Let the feare of God be vpon you, take heede and doe it: for there is no iniquitie with the Lord our God, neither respect of persons, nor taking reward. This is also cōmanded by God, Leuit: 19. Deut: 1. You shall haue no respect of persons in iudgement, but shall heare the small as well as the great, ye shall not feare the face of man. And the reason is added: for the iudgement is Gods. And it is the same that Christ saith in this chap: ver: 23. Iudg not according to the appearance, but iudge with righteous iudgement. Neither is it on∣ly vnlawfull to iudge partially, but also vnprofitable in the ende, for it hath euer the curse of God, and the people pursu∣ing it. As Salomon teacheth, saying; It is not good for to haue any respect of person in iudgement: for he that saith to the wicked,

thou art righteous, him shall the people curse, and the multitude shall abhorre him: And for the curse of God, Esa: 5. Woe be vnto him that calleth good euill, and euill good, which put darknes for light, and light for darknes, that put bitter for sweete, and sweete for sower. Plutarch saith, that the Thebans a very prudent kinde of people in Greece, were wont to painte in their temples this forme of an vpright Senate, the Iudges sitting without eyes and hands, as ac∣counting it no matter if they wanted both eies and hands, if they had a tongue and eares, inferring therby, an incorrupt iudgement.

Cur sine sunt manibus? capiant ne xenia, nec se Pollicitis flecti, muneribus{que} sinant.

Why want they hands? to signifie that bribes they should not take, Nor yet with promises be wonne, true iu∣stice to forsake.

S. Bernard saith: that a good Iudge should feare God, and nothing but him, and looke for nothing in regard of his iudgement but from God. Ageselaus, though otherwise a good Prince, yet

he had this noted in him as a great ble∣mish to his iustice, that he wrote to the Iudge in the behalfe of his friend Nicias, that if Nicias be not guiltie, dimit••e homi∣nem, acquite him; if he be found guiltie, mihi dimitte, acquite him for my sake: and howsoeuer it be, omnino dimitte, yet ac∣quite him. Pericles was wont to say, that when hee put on him the person of a Judge, he put off the person of a friend: so that this is plaine, that no respect of man is to be had, especially in matters of right & wrong. And this is the cause that Nichodemus raised vp this proposition, from the particular, to the generall, not saying [this man] but [a Man] any man whatsoeuer. For as the prouerbe is, Let the Diuel haue his right. Cyrus in Ze∣nophon being made a Iudge, thought he did iustly, when he gaue the longest cloake to the tallest man, and the shorter to the little man: but he was beaten for it, and taught to giue each man his owne without regard of conueniencie. I speake not this as if there should not be distinction of lawes for seuerall estates, others for Noble men, and others for common persons, but where the law

makes no difference, there in Anacharsis spiders webbe, the litle flies must not be caught, and the great drones must goe through: Nay if Gentlemen offend their offence is worse. Therfore Galbaes iudg∣ment was most excellent, when he was ruler of Aragon, and had adiudged a gen∣tleman to be hanged: he pleaded that he was a gentleman, and therefore should haue more fauour then a common per∣son: you shall saith Galba•• for you shall not be hanged on the cōmon gallowes, but you shall haue one of purpose made for you, higher then the other: and it shal∣be carued and painted too if you will. I stand not on the circumstances, so the substāce be performed. And so with this noble patterne of Iustice, I ende this 2. point, which is the subiect of iudgement, [a Man] which teacheth the Iudge, to iudge warily, and without respect of persons.

3. The third thing is the order to be obserued in iudgement, which is expres∣sed in these words: Before it h••are him ••nd knowe what he hath done Where we are taught, that (first in generall,) enquirie & knowledge must goe before iudgement: 2. in particular, that this enquirie must

be to knowe what the man hath done 3. How we must come to knowe this, by hearing him speake for himselfe. [ 1] For the first, that inquirie must goe before iudg∣ment; God himselfe hath put it out of all question, in conuenting Adam to knowe what he had done, before he pro∣nounced sentence vpon him. Gods eyes cannot be blinded, for he beholdeth all things, yet herein he dealeth with man, as if he himselfe were not God; to teach the Gods on earth, which see but in part, how they should proceed in iudgement: and this he teacheth: Deut. 1.16. First heare, and then iudge the controuersies be∣tweene your brethren. And Deut: 13. they are willed in causes of idolatrie, in euery Citie to make diligent enquirie whether the report be true. This being so, where shall the vnrighteous Iudge appeare, which iudgeth before the enquirie? The example of Piso is very incommendable, who when a souldiour returned into the campe without his fellowe with whom he went forth, cōdemned him forthwith to death, as a murtherer of his fellowe: who comming in as he was going to execution, the Centurion that led him, brought both backe againe to Piso; who

being incensed therewith, commanded all three to be put to death. He shall die (saith he to the Centurion) because he is condemned: and the other for that he was the cause that he was condemned; and thou because thou diddest not obey my iudgement in putting him to death. This was a cruell iudgement, but the cause hereof we see to be for want of in∣quirie before. Very memorable is the ex∣ample of Phillip of Macedon, who sitting in iudgement to heare the cause of Ma∣••haetes, but being dormitabundus, drousie ••nd not sufficiēt attentiue to the equitie of the lawe, gaue sentence against him. But when Machaetes cried out that he would appeale from that sentence; The king very angrie, stood vp and saide; To whō wilt thou appeale from me? He an∣••wered, to thy selfe (ô King) if thou wilt ••wake & way my cause aright; finding ••hen, vpon better consideration, that he ••ad done him iniurie, reuoked not his ••entence, but payed himselfe the money wherin Machaetes was condemned. What ••n example is this of patience, modera∣••ion and loue of Iustice in a Prince?

[ 2] The inquirie must be made what a man ••ath done, which is meant of open actiōs

& trāsgression of the lawe, for the inten∣tion of the hart Gods law only can take holde of, and they intrude themselues into Gods office, which seeke to enquire of this: But this is it I say, that the lawe of mā is to iudge of the outward action: and yet I graunt that the action is to be considered as it comes from the heart, for one and the same thing may be done by one well, and by an other ill, so that we must in the action, consider the sub∣stance with the qualitie, and therefore we enquire whether a man did take a thing away felloniously or not; for som∣time and in some case, the intention may alter the consideration of the action, as in case of defence: but this is true, sine causa nemo iust•• punitur, sine culpa nemo.

3 The maner to know what the man hath done, is by hearing him speake for himselfe, for it is not iust onely to hear•• the plaintiffe speake, but the defendan•• must also. This God taught in comming downe to see Gomorah before he de∣stroyed it. So Ioshua could not iudge A∣chan before he had confessed the fault and this is not onely Gods lawe, but th•• lawe of Nations, as of the Romanes, a•• Festus proceeding against Paul sheweth▪

Act: 24. And of the Athenians, as Demo∣sthenes noteth in an Oration. Where he vrgeth it, as part of the dutie of a Iudge to heare both parties: and this is it which Alexander was so much commended for, who was wont to stop one eare when he heard the Plaintiffe, and being asked why he did so, answered, alteram ••e••nte∣gram seruo, I keepe the other free for the Defendant. And this is the practise in matters of right and wrong. Wherein I would beseech you Lo: to put in minde these skilfull pleaders and Lawyers, that they remember the trust that is reposed in them, that they doe not as many that will not speake at all: and why? 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, bos in lingua. Or as the prouerbe that sprang of Demosthenes: Argentanginā patiuntur, they are sicke of the siluer sick∣nes. For as Aul: Gellius reporteth, when he pleaded very sharpely against the Mile∣sian Ambassadours which came to A∣thens to craue some aide, so that they were like to haue the repulse: the matter being referred till the next day, the Am∣bassadours went in the meane time to Demosthenes, & gaue him a great summe of money to holde his peace, and not to pleade against them. The next day when

the matter was to be heard, he fained himselfe 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 that is anginum pati. to be sicke of the squinancie, and therefore could not speake. Then one who had smelled out his hypocrisie, cried out, that Demosthenes non 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 sed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 pati (that is) argentanginam pati that he was siluer-sicke, or a right muck-worme. So as one saith of such, pestifera est causidico∣ri••m lingua, nisi funibus argenteis vincias the Lawyers tongue is dangerous, and pesti∣lēt, vnles thou binde it with siluer cords: for not onely their speech, but also their silence is venall. I hope there be no such pestilēt cankers of the common-wealth, if there be any such, which set their wit, eloquence, and conscience, & all to sale, to boulster out vniust causes, I c••unsaile them betimes to repent, for God him∣selfe hath alreadie denounced woe a∣gainst them. Woe be vnto them that speake good of euill, & euill of ••ood, &c. And others there are which speake so coldly, as if it nothing concerned them, which was so heynous a thing among the Romanes, that they counted it no better then plaine theft, as Tullie saith in his Ora∣tion for Roscio. To reason a little this

point, I haue chosen thee to speake for me in my cause: and it may be the vndo∣ing of me lies in thy hands: Is it then ig∣norance or negligence, that thou doest not speake so as thou shouldest? If thou pleade ignorance, then why doest thou deceiue an other man, by selling that which thou hast not? If thou saiest that thou wouldest learne lawe by pleading, it is all one as if a Chirurgion should kill men to learne skill by practise: If thou be ashamed of ignorance, & pleade neg∣ligence, then thou makest thy fault grea∣ter, and deseruest the punishment of a false witnes; Is it then to maintaine thy estate, and to leaue thy posteritie rich? Knowest thou not that the spirit of God saith, The gathering of riches by a deceitfull tongue, is vanitie tossed too & fro of them that seeke death. First tossed like a tennis ball from one heire to an other, & purchaseth death to the gotter. And it is the iust iudgement of God, that they that prey vpon their inferiours, as the great fishes vpon the small, shall in the end be a fat∣ter prey vnto a greater then themselues.

Dum praedo vis esse minoris, Praeda es maioris.

I would therefore beseech your Lo: (as I saide) often to put in minde these Pleaders of their dutie in that behalfe: and this is the manner of iust proceeding in matters of right and wrong.

The Iuries charge.

NOw to the Iurie and witnesses, not I, but the Lord speaketh, by the mouth of good king Iehosophat, as I saide before: Let the feare of the Lord be vpon you: take heede and do it, for there is no ini∣quitie with the Lord our God, neither respect of persons, nor receiuing of reward: for if for feare, fauour, hatred, or to gratifie some great man, ye giue wrong verdite, (be∣sides the execrable and damnable sinne of periurie) ye are no better before God then men of blood, and the feareful ven∣geance of God must needs light vpon you, to the cōsuming, both of roote and branch, as the Lord hath threatned, Esa: 5.24. Therefore as the flame of fire consu∣meth the stubble, and as the chaffe is consu∣med of the flame; so their roote shall b•• as rot∣tennesse, and their bud shall rise vp like dust, because they haue cost ••ff the lawe of the Lord of hostes, and contemned the word of the holy

one of Israel the truth whereof is verified by many wofull examples before our eyes.

Saint Hierom•• expounding this place of ••erem••: 4.2. And thou shall sweare the Lord liueth in truth, in iudg••ment and in righteousnesse. For the auoyding of periurie, Tres in am••nti com••••es ess•• ••••∣bere; That there ought to be three com∣panions of an Oath, to trueth it pertay∣neth that wee sweare not falslie; vnto righteousnes, that wee sweare nothing that is vniust, filthie, or vnhonest; to iudgement, that wee sweare not vndis∣creetlie and rashlie, that is, for euery light occasion wee vsurpe not the most reuerend Name of God.

Now, how grieuous this sinne of Per∣iurie is, it appeareth many waies; as the spirit of God, after a wonderfull maner shewed to the Prophet Zacharias in the vision of a flying Booke. And the wise man saith; A man that vseth much swea∣ring shall bee filled with wickednes, and the plague sh••ll neuer goe from his house &c.

1. The periured person is a sacriligi∣ous thiefe, because he assumeth the holy Name of God, against the will of God, and God forbidding it, to be a testimo∣nie

of a falshood. A sacriligious per∣son, in that he inuadeth holy things to build his sinne vpon them; as the Name of God, his bodie, his wounds, &c. which other sinners doe not. Yea, the very Diuels doe tremble and feare at the reuerend Name of God, and by the in∣uocation thereof, depart out of the pos∣sessed: but these (worse in this respect then the very Diuels) prophane and blaspheme the holy Name of God with∣out all feare. O horrible impietie!

2. The false swearer doth homage vn∣to the Diuell, in holding vp his hands in false protestations, or touching the booke, by his false oath, he worshippeth the Diuell, & renounceth God. There∣fore as an ancient Father saith; Manus tam diù manet di ••bali quous{que} paeniteat.

3. The false swearer falsifieth the Seale of the high King: and therefore, as a Traytor vnto God, is to bee cast in∣to the perpetuall prison, there to bee tormented in the Luke that burneth with fire and brimstone for euer, because hee vsurpeth the Name of God, which is the Seale and witnesse of all trueth, to bee a seale, testimonie, and confir∣mation

of lyes and falsedood: And therefore the Lord calleth false swea∣ring, A defiling and polluting of his ho∣lie Name: Ye shall not swe••r by my Name falslie, neither shalt thou defile the Name of thy God: I am the Lord.

4. The false swearer (as much as in him lyeth) maketh GOD a partaker in his wickednesse, when hee bringeth him to be witnesse and a iustifier of his falshood: And therefore in the particu∣lar Iudgement, and in th•• last Iudge∣ment, the Lord hath threatned to bee a swifte witnesse against false swearers: Mala. 3.5. I will came neere to you into iudge∣ment, and I will bee a swifte witnesse against the Southsayers, and against the Adulterers, and against false swearers.

Such periured persons (as much as in them lyeth) seeke to doe Christ grea∣ter iniurie then they that crucified him: For they (sayth a Father) Intulere Christo malum paenae, sed periuris (quantum in se est) Christum vult inuoluere malo cul••ae; For they layde vpon innocent Christ the punishment due for sinne: but the per∣iured persons (as much as in them lieth)

will make Christ guiltie of their wicked∣nesse, which is farre worse: for hee ma∣keth Christ to be a false witnesse, a liar, and a iustifier of an vntruth; men worse then the very Diuell himselfe: for though he be a lyar, and the father of lies, and by lies seduceth the world, yet hee neuer approueth his lies with an Oath, making God a partaker of his malice, that he might the sooner deceiue, as the false swearer doth.

5. The false swearer excludeth him∣selfe from the protection of the Name of God, against whom hee sinneth. It is a common saying; Frustra inuocat legis auxilium qui in l••gem committit; He doth in vaine craue aide of the law, which of∣fendeth against the law: Our helpe (saith the Prophet) is in the Name of the Lord: And Pro. 18. The Name of the Lord is a strong tower, the righteous runneth vnto it and are helped.

O that by any meanes I might per∣swade all Christians which tender their saluation; especially such as are called to this great and weightie businesse of Pleading, or to bee of the Iurie, or Wit∣nesses concerning the life, liuing, or right

of their brethrē. O that I might (I say) so much preuaile with them, as that among so many houres of the day which they spend in idle, vaine, and futile thoughts, talke, play, or fruitlesse exercises, they would imploy, if it were but one houre of the day (after the example of a cer∣taine holy man) in reading, meditating, and pondering of one little Booke, but trium foliorum, of three leaues, which I will commit to your Christian confide∣ration. I haue read of a certayne holy man, who at first had led a sociable and dissolute life; that chancing on a time in∣to the companie of an honest and godly man (such is the force of godly society) hee in short time so wrought by whol∣some perswasions with his affections, that hee vtterly renounced his former course of life, and gaue himselfe to a more priuate, austere, moderate, and se∣cluse kind of liuing. The cause where∣of being demaunded by one of his for∣mer companions, who woulde haue drawne him (such is the nature of euill companie) to his vsuall riot. He answe∣red; That he was as yet so busied in rea∣ding of a little Booke, which was but a

Book of three leaues, that he had no ley∣sure so much as to thinke of any other businesse. And being asked againe a long time after, whether hee had read o∣uer these three leaues: He replyed, that these three leaues were of three seuerall coloures, redde, white & blacke, which contayned so many Misteries, that the more hee meditated thereon, the more sweetnesse he alwayes found, so that he had deuoted himselfe to meditate there∣in all the dayes of his life. In the first leafe, which is redde, I meditate (quoth he) on the passion of my Lord and Saui∣our Iesus Christ, & of his pretious blood shed for a ransome of my sinnes, and the sinnes of the whole world, without which, we had beene all the bondslaues of Sathan, and fuell for hell fire. In the white leafe, I cheere vp my spirit, with the comfortable consideration of the vnspeakable ioyes of the heauenly King∣dome, purchased by the pretious blood of my Lord and Sauiour Iesus Christ, a motiue of thankfulnesse. In the third leafe, which is blacke, I meditate vpon the horrible and perpetuall torments of hell, prepared for the wicked and re∣probate;

as lyars, periured persons, mur∣therers, adulterers, extortioners, bri∣bers, oppressours, &c. and all impeni∣tent sinners, from which the godly are freed, by the death of Iesus Christ.

This Booke of three leaues, if wee woulde alwaies carry in our hearts, and meditate often therein, great (surely) would be the benefite wee should make thereby, to restrayne our thoughts and actions within the regularitie and limits of the feare of God.

But (ô good God) what periuries are are now vsed euery where, especially in buying & selling? custome hath brought it to such a shamelesse habite, that he is counted an Ideot in his trade, that can∣not grace his wares which are naught, with a thousand oathes and periuries: Merces suas plus periurijs quam pretijs one∣rando; Lading his wares more with per∣iuries then with prices.

And surely (not without great cause) God commaunded lying Witnesses se∣uerely to bee punished: for in this one sinne, many and most grieuous sinnes are included. It is cōmonly ioyned with periurie; & what an horrible thing is it,

that Man should not be afrayd to take a false Oath; and call God, the God of truth, to bee a witnesse to an vntruth? What is this else but a reproach that toucheth the person of God himselfe? and therefore a polluting and defiling of the reuerend Name of God: as God himselfe calleth it; L••uit. 19 What is this else but voluntarily to forsake God, and all the sweete promises of euerla∣sting life and his Kingdome (all which are contayned in Gods booke on which they sweare) and willingly to betray their soules into the hands of Sathan?

6. Hence it followeth, that the per∣iured man is in his heart (vndoubtedly) an Infidel, and saith in his he••••t, there is no Go••: for if he were verilie perswaded of the Godhead, which knoweth al things, searcheth the heart and reine••, and is a iust reuenger of all wickednesse; he would surely tremble and bee afrayde in an vn∣truth to appeale to the God of truth.

7. He grieuouslie sinneth against his Neighbour, by taking from him by per∣iurie, his liuing, life, or good name.

8. The false witnesse is also a mur∣therer, for (as much as in him lieth) he

giueth his neighbour a deadly wound, when by his false oath he hurteth him, in body, goods, or name: therefore the false witnes, by the lawe of God, was to endure the same punishment which he thought to bring vpon his neighbour, an eye for an eye, a tooth for a tooth, life for life: as if with violent hand he had pluc∣ked out his neighbours eye, or taken away his life.

9. He violateth iudgement, and in the sacred place of Iustice, he exerciseth iniustice.

To conclude, he sinneth against the common good and safegard of all men, and (as much as in him lyeth) ouer∣throweth it. For it is certaine, that with∣out the sacred administration of iudge∣••ent and iustice, no common-wealth ••any long endure. Though God did suffer many sinnes in Ahab, yet when he had by false witnes oppressed poore Na∣boath, the Lord brought him with all his house, to destruction and ruine. O let all Magistrates thinke vpon this, that they rashly admit not whomsoeur to giue eui∣dence, that they straightly examine the witnesses; least they seeme to patronize

these pestilent & damnable men. Thinke also carefully vpon this, you that shall be at any time produced for witnesses, that you neither dissemble the truth, nor wic∣kedly peruert, nor omit it, and so sinne against God and man, and destroy your owne soules. And thus I conclude, be∣seeching the God of mercies to powre downe the riches of his grace and mercy into our hearts, that we may truly serue him, and haue his feare euer before our eyes, that we fall not into the horrible sinne of periurie, which hath alwaies Gods curse, and terrible plagues pursu∣ing it. Vnto the God of all grace, who hath called vs vnto his eternall glory by Christ Iesus, be glory and dominion for euer and euer. Amen.

FINIS.

Notes

• Ioh. 7.51.
• Gen. 18.25.
• Rom. 6.1.
• The diuisi∣on.
• 1. King. 17.21.
• Ioshua. 1.
• Act. 23.
• lib. 40. in∣stitut de officio Iu∣dicis.
• Echines.
• Themisto∣cles.
• Simonides.
• Claud. in consul. 4. Hono. panegy.
• An excellent counsell.
• Gen. 1.26.
• Dyonisius
• Ge n:
• Mat: 2.16.
• The cruel∣tie of the Spaniards towards the Indians.
• Ttus 9. flam.
• Deut: 17.
• Psal: 8.4.
• Deut. 21.
• 1. Reg. 20.
• Sulpicius
• A•• Eagles 〈…〉〈…〉 h••••d.
• Adiman∣tus and Themisto∣cles.
• Pro: 28.
• 2. Chron: 19.
• Leuit: 19.
• Deut: 1.
• Pro: 24.
• Esa: 5.
• ver. 20.
• Alciatus. Emble. 144.
• S. Ber••ad Eugenium lib: 2.
• A great blemish in Ageselaus.
• Pericles.
• Cyrus in Zenoph:
• Galbas iudgment memora∣ble.
• Deut: 1.16.
• A tyran∣nous, and cruell sen∣ence.
• Philip of Macedon.
• Erasmus.
• Ioshua: 7.
• Act: 24.
• Audi al∣teram par∣tem.
• Isai: 5.
• Pro: 21.
• 2. Chro: 1••.7.
• Esa: 5.24.
• Hier.
• The horri∣ble sinne of Periurie.
• Z••ch 5. Eccle. 23.11.
• Apoc. 21.
• Leuit. 19.12.
• Mal. 3.5.
• Ioh. 8.
• Pro. 18.10.
• Note this.
• The Booke of three leaues, Red, White, and Blacke.
• Cassid••r.
• Leuit. 19.
• Deut: 19.21.
• 1. Pet. 5.10.11.