Clavis mystica a key opening divers difficult and mysterious texts of Holy Scripture; handled in seventy sermons, preached at solemn and most celebrious assemblies, upon speciall occasions, in England and France. By Daniel Featley, D.D.

THE JUDGES CHARGE. A Sermon preached at the Readers Feast in LINCOLNES Inne. THE NINTH SERMON.

PSAL. 2.10.

Be instructed, or learned, yee Judges of the earth.

Right Honourable, Right Worshipfull, &c.

AT the siege of Tarentum,a 1.1 when the Citizens were driven by extremitie of famine to the point of yeel∣ding themselves into the hands of the Romans, they were strangely relieved by the charity of their neighbours at Rhegium, who every tenth day fasted themselves, and sent in their provision for that day to the Tarentines. In memory of which reliefe they kept ever after a feast which they cal∣led Jejunium, o•• Festum jejunii, the Fasts feast, or a feast grounded on a fast. Such is the Feast bid at this time in this place, gained by a long pre∣scription out of the Lent Fast. It may rightly be called Festum Jejunii, the Feast of the Fast; a Feast of the Law beside, if not contrarie to the Law of Feasts appointed by the Church. Wherein yet I conceive, according to the right meaning of the first founders of this exercise and Feast, the Eccle∣siasticall cannons of the Church, and locall statutes of these houses doe not harshly clash one against the other; but rather like strings tuned alike, and dexterously touched, make a perfect chord, and strike full unisons, both in∣tending Festum Jejunii; the one a spirituall, the other a scholasticall; the one an Evangelicall, the other a Legall Feast in the time of Fast. For the Church appointeth more frequent exercises of pietie and devotion, Prayers, Lectures, and Sermons, (which are the soules dainties) at this time, than any other season of the yeere. And agreeable hereunto in the U∣niversities, which are the Nurseries of Religion and Arts, and in these noble

Seminaries of justice, and knowledge in the lawes, the most solemne and profitable exercises for the proficiencie of students, (whether readings, disputations, or determinations) have beene, time out of minde, and are yet performed in the Lent: wherein the eye of the soule is the more apt and single for the contemplation of divine and humane knowledge, by how much it is freer from the fumes of bodily meats, and the smoake of worldly cares and businesse. As for the exceeding in some one day or other in varie∣ty of all palate provocations, it is a vaine thing for me or any other to speake against it; quia venter non habet aures, the belly hath no eares, especially to heare any thing against it selfe. If it had, I should have craved a Writ of re∣move of these Vitellian feasts out of the confines of Lent, or made a mo∣tion, that these surcharges of purse and stomacke might be turned into the Lacedaemonianb 1.2 Phiditia, or at least that the superaboundancie in them might not be wasted by luxurie, to the hurt of our owne bodies, but dis∣penced by charity to the reliefe of others; that devotion might recover that in almes deeds which it loseth in fasting: so would our tender and indul∣gent Mother, Christs dearest Spouse the Church, vouchsafe these mee∣tings her presence, as Mary the Mother of Jesus was present at the Feast in Cana; and Christ himselfe would furnish the wine of spirituall joy and gladnesse, even at these Feasts, though, like Saint Paul,c 1.3 borne out of due time.

But I leave the time, and have an eye to the notes pricked in my text, which are three:

• 1. Religion enjoyneth learning: Be learned.
• 2. Learning becommeth and qualifieth Judges: Ye Judges.
• 3. Judges give sentences of, and rules for land: The earth.

1. Divine wisedome excludeth not humane learning: Be learned.

2. Learning is not onely a comely ornament, but a necessary accoustre∣ment of a Judge: Ye Judges.

3. All Judges on earth are Judges of earth, that is, consisting of earth, or sitting upon the earth: The earth. The earth is their materia ex qua, and circa quam too.

• 1. The matter of which they are made.
• 2. The matter on which they make and give their judgement and sencence.

O all ye Kings of these Netherlands, manum ad Sceptrum, oculos ad Astra: there is a King above who over-lookes you all, and will one day breake your Scepters with his Iron mace. O yee Judges of this lower Circle and Circuits, manum ad Gladium, oculos ad Astra: there is a Judge of heaven who will set his tribunall in the clouds, and call all you to his bar, and your judgements in question before him. Be wise now therefore O ye Kings, advance his Kingdome in yours: be learned ye Judges of the earth, declare his judgement by yours.

Tullie giveth this character of Thacydides, that in his writings there are

neere as manyd 1.4 sentences as words: such is the Rhetorike of this parcell of holy writ, the parts are answerable to the words, the points of doctrine to the parts, the uses to the points of doctrine.

• 1 Erudimini, there is the charge.
• 2 Judices, there is the stile.
• 3 Terrae, there is the circuit of the Judges.

• 1 Be learned, there is the aime of your study.
• 2 Yee Judges, there is the title of your place.
• 3 Of the earth, there is the embleme of your frailty.

These parts hold good correspondence;

• 1 The first with this present exercise.
• 2 The second with this honourable auditory.
• 3 The third with this holy time.

• 1 It is most agreeable at a Reading to treat of learning, Be ye learned.
• 2 It is most proper to give the Judges charge before the prime Jud∣ges of the kingdome, Ye Judges.
• 3 It is most seasonable to frame a discourse of the mould of us all, earth and ashes, in the time of Lent, Of the earth.

By the law thee 1.5 crop, or as it is in the Hebrew, the filth of the birds that were sacrificed, together with their feathers, were to be cast in locum cinerum, into the place of ashes. Now if ever is the season not only to purge or remove the filth of our lives out of the sight of God, but also to cast away the beau∣tifull pompes, maskes, shewes, and all othes vanities of the world, which are no better than feathers in locum tinerum, where wee ought to mourne for our sinnes in sacke-cloth and ashes; pulvis & cinis, dust and ashes have great affinity with terrae in my text.

Be learned. Whenf 1.6 Antony carped at the study of the civill law, with∣all acknowledging his small sight therein, Scaevola a great Lawyer smiling, said, that he made a kind of amends for his invective against the Law, by pro∣fessing his ignorance therein. For it is no disparagement to any science or profession to bee sleighted by such as understand it not. A bright beame and great light troubleth, and dazeleth, and paineth also a weake eye, Urit enim fulgore suo. Who can blameg 1.7 Petilian the Donatist for com∣plaining of Saint Austins Logicke, whereby that ignorant Hereticke was non-plussed and shamed? Verily as fast hath no enemy but gluttony, cha∣stity but lust, frugality but luxurie, wisedome but follie, humilitie but pride, orthodoxe doctrine but heresie, so neither knowledge but ignorance. Wherefore whatsoever faire glosse of the Scriptures selfe-sufficiency the Brownists and Separatists put upon their secret un∣dermining of our Schooles and Universities, and stopping up the Well-springs of good Learning among us, their true end is, thath 1.8 among blinde men they might bee some body, who among sharpe-sighted men are no body.

For the Latine proverbe puts them in some heart, (viz.) that a purblinde man may be a jolly fellow, nay by good reason chosen a King among such as are starke blinde. Doubtlesse, if ever learning were needfull, it is now adayes most necessary, when men by subtle Sophistry, and deceivable elo∣quence, not onely goe about to wrangle us out of our estates, but also jug∣gle us out of our Religion. Call ye it a reformation? is it not rather the de∣formation of a building to damb up the lights thereof? The state ofg 1.9 Mi∣••ylene desiring to be revenged to the uttermost on their Confederates that had revolted from them, after they had got the mastery of them, laid this as the forest punishment they could devise upon them; that none of their children should goe to schoole, or be brought up in learning. And in a like regard Julians persecution was accounted more grievous than that of Dio∣clesian, though that blasphemous Apostata shed little Christian bloud; in as much as Dioclesian plucked but out the bodily eyes of Saints and Mar∣tyrs, (the holes whereof the good Emperour Constantine kissed) whereas Julian by shutting up all Christian schooles, and bereaving them of the light of knowledge, after a sort plucked out the eyes of their soules. Which I speake not for that I conceive the Scriptures are not sufficient of them∣selves for our instruction, to enlighten our understanding; but because we are not sufficient for the opening of the meaning of them, without the helps of arts and sciences, the miraculous gifts of the holy Ghost ceasing long be∣fore our time. The light of divers rapers in the same roome, though united, yet is not confounded, as the opticks demonstrate, by the distinct shadowes which they cast: neither doth the light of divine knowledge confound that of humane in the soule, but both concurre to the full illumination of the un∣derstanding. And as the organe of the bodily eye cannot discerne any thing without a double light, viz.

• 1.h 1.10 Lumine innato, an inward light in the christalline humour of the eye.
• 2. Lumine illato, an outward light in the aire, and on the object:

so neither can the eye of the soule in this region of darknesse perfectly di∣stinguish the colours of good and evill without a double light, the in-bred light of nature, and the outward light which is acquired by learning; being Lumen not innatum, but illatum: not naturally resplendent in the soule, and brought with it into the world, but ab extrinseco, brought into the soule by reading, hearing, discoursing, contemplating, or divine inspiration. Solo∣mon who best knew what belonged to wisedome, sets his wise man toi 1.11 schoole, and promiseth for him that he will take hisk 1.12 learning, and bee a good proficient in it. And behold a wiser than Solomon,l 1.13 Christ him∣selfe compareth every Scribe which is instructed unto the kingdome of hea∣ven, to a man that is an housholder, who bringeth out of his treasury new things and old. He likeneth him not to a pedler that hath nothing but inkle, tape, and such like trash in his pack, which he openeth at every mans doore; but to a rich ware-house man, who out of his treasury or ware-house bringeth out precious things, either new or old, as they are called for. Such a Scribe was Moses, whom 1.14 was learned in all the wisedome of the Aegyptians. Such a Scribe was Daniel and the foure children that were bred up with him, to

whom Godn 1.15 gave knowledge and skill in all learning. Such a Scribe was S. Paul, who waso 1.16 brought up at the feet of Gamaliel, and taught according to the perfect manner of the Law of the Fathers. Neither was he conversant onely in the writings of the Rabbines, but also expert in the heathen Phi∣losophers, Orators and Poets, whom he after a sort defloureth of their choi∣cest sentences & observations, incorporating them into his most learned and eloquent epistles. Such a Scribe was Clemens Alexandrinus, whose writings in regard of all variety of good literature in them, are called stromata, rare pieces of Arras or Tapestry. Such a Scribe was S. Cyprian, who by Rheto∣ricke; Tertullian, who by the civill Law; Justin Martyr, and Origen, who by Philosophy; S. Basil, who by Physicke; S. Austin, who by Logicke; Eusebius, who by history; Prudentius, who by Poetry; Gregory Nazian∣zen, Jerome, and many other of the ancient Doctors of the Church, who by exquisite skill in the Arts and learned Languages, exceedingly impro∣ved their sacred talent of Scripture-knowledge.p 1.17 Philo that accomplished Jew deviseth an elegant allegory upon Abrahams companying with Hagar, before he could have issue by Sara. Hagar the bond-woman is secular or humane learning, with which we must have to doe, before wee can promise our selves fruit by Sarah, that is, much profit by the study of divinity. Neither doth this argue any imperfection in the Scriptures, but in us: the starres are most visible in themselves, yet through the imbecilli∣ty of our sight, without a perspective glasse we cannot exactly take their e∣levation, or true magnitude.

What though God in the first plantation of the Gospell used the indu∣stry of illiterate men, and made Fishermen fishers of men, that ourq 1.18 faith should not stand in the wisedome of men, but in the power of God? yet after the miraculous gifts of the Spirit fayled in the Church, wee shall read of no Rammes hornes, but Silver Trumpets emploied in the throwing down of Sathans forts. Since that, the promise of dabitur in illa hora, it shall bee given you in that houre, is turned into the precept of attende lectioni, giver 1.19 attendance to reading, to exhortation, to doctrine, meditate upon these things, give thy selfe wholly unto them, that thy profiting may appeare unto all men. Since the dayes of the Apostles, and their immediate Successors, the learnedst men have proved the worthiest instruments of Gods glory in Church or Commonwealth: Be learned therefore.

Yee Judges. Religion commends learning, and learning a Judge:s 1.20 The Lord tooke of the Spirit which was upon Moses, and put it upon seventy El∣ders. This Spirit it is which animateth a Judge, whose briefest and yet fullest definition is Jus animatum, enlived right, or the living law. For the law is a dead and mute Judge, and the Judge is a living and speaking law: As the Philosopher termetht 1.21 painting silent Poetry, and Poetry a spea∣king picture. Now how can a Judge speake the law, or the law speake by him, if he know not the law? It implyeth a kinde of contradiction for an Actor to bee without action, or an Orator without words, or a Labourer without worke, or a Counsellor without advice, or a Judge without judge∣ment in the law. Can an Artificer worke by his rule, who holdeth it not in his hand? or a Pilot steere by the compasse who hath not the compasse before his eye, or understandeth it not? no more can a Judge give sen∣tence

according to the law, who is ignorant of the law. Ignorance in a pri∣vate man is a prejudice, and some blemish to himselfe, butu 1.22 ignorance in a Judge is the calamity of the innocent, nay may prove the ruine of a State. What greater mischiefe in any society than that the estates, good name, livelihood, yea and lives too of men should lye in the breast of a Judge, who out of ignorance is faine to aske Quid est justitia, what is justice? as Pilate did, Quid est veritas, what is the truth? How will the Lawyers work upon this advantage? how far will the Counsell go in a bad cause, upon the strength of a large fee? what false glasses will they set before the eyes of such a Judge to deceive him, and lead him by the nose? Neither will skill in the municipall law alone suffice, and yet that law hath a large walke, and many turnings where hee may lose his way: hee must be well experienced in the affaires of the world: hee must sinke deepe into mens dispositions as well as their speeches: he must be able to weigh reasons, poyze witnesses, reconcile lawes, compare presidents: in a word, hee must be like an Angel of God to discerne betweene good and evill. Among the many titles of a good Judge, who is stiled the soule of the law, the oracle of the city, the priest of justice, the tutour of pupils, the father of orphans, the sanctu∣ary of innocents unjustly pursued, me thinks none so fitteth him as Regu∣la, or ratherx 1.23 Regulator juris, a rule, or rather, the ruler of right. For or∣ders in Court you call rules, and judge cases in law, ruled cases: now that a man may rule well, that is, in your phrase judge well, sixe things are requisite.

• 1 That he hath skill to rule,
• 2 That his paper, or parchment bee spread abroad, and lye even before him,
• 3 That his eye be on his rule,
• 4 That he have nothing in his hand save his pen or plummet,
• 5 That his hand on his ruler be steady,
• 6 That his hand on his plummet be quick, to draw a line speedily.

Upon these sixe ruled lines wee may write a faire copy for a Judge, ac∣cording to the forme following.

• 1 He must have skill to rule, knowledge to judge.
• 2 He must have his paper or parchment spread, that is, the case unfol∣ded before him.
• 3 He must fixe his eye on his rule, which is the law.
• 4 He must have nothing in his hand but that wherewith hee ruleth, hee must be empty-handed.
• 5 His hand on his ruler must be steady, it must not shake through feare.
• 6 His hand on his plummet or pen must be swift and ready, he must have a desire and dexterity to rid worke out of his hand, and speedi∣ly to set a period to tediously protracted suits.

I had forgot one more circumstance if the last word of my text (earth) had not put me in minde of it, which is this: That a man cannot well rule,

or draw exact lines by a ruler upon his paper or parchment, but hee must needs how himselfe and looke downe up on it: neither can any man bee a good Judge who is not humble. For Lypsius truly observeth that it is a very hard thing for a many 1.24 in high place not to bee high minded.z 1.25 Honour lifteth up the heart above measure, especially when it is armed with power. Knowledge also puffeth up, especially when it is blowne with the breath of flattery. Wherefore lest wise Kings and learned Judges should too much reflect upon the eminency of their place and gifts, and forget the frailty of their condition, the Prophet giveth them an alloy in the word immediately following the title of their dignities, Terrae, of the earth.

Of the earth. When Bees are most angry in their swarming, cast but a little earth upon them, and they are presently quiet, and leave their hum∣ming. Though nothing else can* 1.26 quench the burning slime of Samosaris, or the fire in the hill Chimaera, yet earth and dung can: so though nothing else can asswage the tumour of the proud, or quench the burning desire of honour in the ambitious, of wealth in the covetous, of pleasure in the vo∣luptuous, yet the consideration of the grave can. Hee that seriously thin∣keth with himselfe, these scarlet robes of mine clothe nothing but dung, all my dainty fare feeds but wormes; I who have power of other mens lives, have no power of my owne life, no not for a moment; even whilest I sit upon prisoners, and condemne guilty persons, I am arraigned in my consci∣ence, and plead guilty before God. Hee that keepes downe his heart with these thoughts, can no more be overthrowne with pride, than a ship which is well ballast be blowne away in a storme. Great personages, the stronger guard they have about them, the more they lye open to envie: the more secure they are by their authority, the more in danger they are of surpri∣zall by pride. Judges were Princes among the Jewes before the dayes of Saul, and Princes were Judges among the Romanes, as Augustus and A∣drian. I finde the title ofa 1.27 Gods in Scripture attributed not onely to So∣veraigne Kings, who are the supreme Judges, but to inferiour Judges also, subordinate to Princes: theirb 1.28 persons by the Roman lawes were sacred, hee who hurt them was presently to be sacrificed. In France when a Gal∣lant in his ruffe strucke a Judge, by an arrest of the Parliament at Paris his hand was suddenly cut off, and a heavie fine layd upon him. The pri∣viledges of Judges granted to them by Princes, in whose seat they sit, their power, their wealth, their clyents, their retinue, their robes, their maces, their officers, their titles will exalt them too high in their owne conceit, if they consider not with Trajan,c 1.29 that though they are above men, yet they are but men. Pliny the elder having related a strange story of a child, whose life was taken away by the snuffe of a candle, takes all the potentates of the earth to taske, and rings them a peale in their eare, saying,d 1.30 Thou which art so puffed up with the happy successe of some battell fought by thee, or some great fortune fallen unto thee, that thou takest thy selfe to bee a God, maist purchase thy death at as low a rate as this childe, or a lower, as Anacreon the Poet came to his end by a raisin stone, and Fabius the Pretor by a haire in his milke. No posture of the body seemeth more secure than sitting in a chaire, yet Judgee 1.31 Ely fell out of his chaire, and brake his necke. Wherefore since Judges themselves are as subject to the lawes of humane frailty as other men, since

for ought they know they are as neere death as the prisoner whom they have newly condemned to dye: let them look above them, not about them; let them feare God, not man; let them deliver nothing at the bench, which they are not assured in their consciences that they are able to make good before the Judge of quicke and dead, from whose face heaven and earth fled away, and their place could no where be found.

Judges may be considered either as of a particular circuit of the earth, and so they must receive instruction from the King or Lord of that land: or as Judges of the earth at large, and in that regard must take their Com∣mission, and receive Instruction from the Lord of the whole earth, who requireth in his Judges,

• 1 Religion,f 1.32 thou shalt provide out of all the people, able men, such as feare God.
• 2 Moderation,g 1.33 to restore such as are overtaken in a fault, in the Spi∣rit of meeknesse.
• 3 Learning and knowledge in the lawes, of which before.
• 4 Integrity, they musth 1.34 hate covetousnesse,i 1.35 they may not take a gift, &c.
• 5 Indifferency, theyk 1.36 must not respect persons in judgement, but heare the small, &c.
• 6 Attention and diligent enquiry, theyl 1.37 must heare causes, and make search, &c.
• 7 Expedition,m 1.38 to execute true judgement, and not delay justice.
• 8 Resolution and courage, not ton 1.39 feare the face of man.
• 9 Equity, too 1.40 judge equally and righteously betweene every man and his brother.

• 1 Want of Religion makes a prophane Judge.
• 2 Want of Moderation an unmercifull Judge.
• 3 Want of Learning an unsufficient Judge.
• 4 Want of Integrity a corrupt Judge.
• 5 Want of Indifferency a partiall Judge.
• 6 Want of Attention a rash Judge.
• 7 Want of Expedition a tedious Judge.
• 8 Want of Resolution a timorous Judge.
• 9 Want of Equity an unrighteous Judge.
• Lastly, Want of any of these an Incompetent Judge, want of all these an unsufferable and execrable Judge.

1 Religion is required in a Judge, without which there will be no con∣science of doing justice, where injustice may be borne out: and because e∣ven religious men are subject to passion, to religion a Judge must adde

2 Moderation and governement of his passions: and because a man of temper, fit for a Judge, may mistake his marke, if he be not expert in the Law, to moderation he must adde

3 Learning and knowledge in the Law, according to which he is to give sentence: and because bribes blinde thep 1.41 eyes of the wisest and learnedst Judges, to learning he must adde

4 Integritie and incorruption, a sincere heart, and cleere hands: and be∣cause where bribes cannot open the hand, yet favour may enter at the eye, to his Integrity he must adde

5 Indifferencie, free from all kinde of partiality: and because a Judge, though never so religious, temperate, learned, incorrupt, and impartiall, cannot yet give right judgement without a full hearing and exact discussing of the cause before him, to indifferencie he must adde

6 Patient Attention, and diligentq 1.42 inquisition: and because the plaintife or defendant are nothing benefited by the Judges hearing of, or searching into the cause, if after examination there follow not a sentence, to Attenti∣tion he must adde

7 Expedition; for delayed justice oftentimes as much wrongeth the plaintife as injustice: and because after enquiry and hearing, though the Judge be expert and readie, yet judgement may be stopped if a great per∣son appeare in the cause, to Expedition he must adde

8 Courage and Resolution: and because if a Judge strike too hard with the sword of justice he may breake it, as also because the sentence of the law may be just in generall, yet in regard of difference in circumstances may wring and wrong a man in particular, to all the former vertues a compleat Judge must adde

9r 1.43 Equity and stayed discretion, which holdeth steedily the gold weights of justice, and addeth or taketh away a graine or more to make the piece and weight perfectly agree.

1. Religion. Alvares reporteth that the Aethiopians place many chaires about the Judges seat, not out of State, but out of Religion, supposing that their Gods fit there with their Judges. That which they suppose we cer∣tainely know, that God and his Angels are present at the Assises, and that he judgeth among thes 1.44 gods, that is, the Judges, or Princes. How reli∣gious then ought Judges to be, who are Almighty Gods Assessours? So neere is the affinity betweene Justice and Religion, that as Priests are cal∣led Judices sacrorum, Judges of Religion, and causes Ecclesiasticall; so Judges are by Ulpian stiled Sacerdotes justitiae, Priests of justice. And not on∣ly the high Priests among the Jewes, but also the Archontes of the Atheni∣ans, the Archiflamines andt 1.45 Pontifices of the Romanes, the Muphteyes of the Turkes, the Brameres of the Indians, the Druides of the ancient Brit∣taines were trusted with Justice as well as Religion, and that for important considerations. For sith mortall men cannot prescribe against God, nor dis∣pence with his commandements, sith the divine law is the supreme law to which lyeth an appeale from all humane statutes and ordinances; they who by their calling are Interpreters of that law, might well be thought fit Um∣pires in all controversies concerning the equity of lawes, and conformity to the divine: especially in such points wherein the lawes trench upon holy things. But I list not in the heat of modern oppositions to drink of the waters of strife: let that question passe, whether sacred persons, expert in the divine law, are not fittest to judge in secular causes of greatest moment: this I am sure, Judges must be, if not in orders, yet eminently religious and skilfull in the law of God: for the judgement they are to give isu 1.46 Gods. If a Judge be not religious, he will never be zealous for Gods honour, nor severely

punish the breaches of the first Table. If a Judge feare not God, hee will feare the face of man, and flye backe when he should stand out for a poore innocent against a mighty adversary.

x 1.47Contra libertum Caesaris ire timens.

If a Judge make no account of giving one day an account of all his acti∣ons to the supreme Judge of quicke and dead, hee will make no consscience of delaying justice, or denying it, or perverting it, or stifling it, or selling it. Justice shall be cast in her owne Court, and overthrowne upon her owne Tribunall. The Judgey 1.48 who sitteth on the bench to punish delinquents, will prove the greatest delinquent, and dye his dibaphum or bis tinctum, his twice died scarlet the third time with innocent blood. If a Judge depend upon the King, and not upon God, Seianus shall bee condemned to a most painefull and ignominious death, upon a bare letter from Tiberius, though no man know for what crime, or upon what evidence: nay a Pilate will condemne Jesus himselfe to be crucified, rather than not be thought a friend to Caesar. If a Judge be like Cardinall Caraffa, securus de numine, out of all feare of Gods vengeance, hee will make the law a snare, and justice a net, and the bench a step to his owne advancement: He will either like Hercules Priest, play with one hand for Hercules, and the other for himselfe: Or likea 1.49 Ay∣at the Jew, utraque manu tanquam dextra uti, take bribes on both sides, and doe Justice on neither.

2 A Judge must be a religious man, and none but such ought to be called to the bench, yet neither are all religious men fit to be Judges; for beside the feare of God and devotion in a Judge, there must be temper in him, and sin∣gular moderation: he must be a Moses,b 1.50 a very meek man above all the men that were upon the face of the earth: the mind of a Judge should be as still and calme as the upper region of the aire:

Perpetuum nullâ temeratum nube serenum.

For it is impossible for him clearely to discerne betweene man and man, cause and cause, blood and blood, there being colourable pretences on both sides, whose eye is clouded with passion, or overcast with any mist of preju∣dice. When the water is troubled, or mingled with mud, we see not a bright pearle or piece of silver in the bottom: in like maner when the mind is stir∣red & troubled with perturbations, we cannot discerne the truth, which for the most part lyeth not in the top, but in the bottome, as it were, of a deepe Well, according to* 1.51 Democritus his embleme. In this consideration the A∣reopagite Judges prohibited Orators to play their Prizes of wit before them, or goe about any way by figures of amplification and exaggeration to move any affection in them, of love, or hatred, or feare, or anger, or en∣vie, or pity. Andc 1.52 Aristotle yeeldeth a good reason for it; It is the part of an unskilfull and foolish artificer, saith he, to endevour to bow or crooke his owne rule whereby he is to work: Now the understanding of a Judge is, as it were, the rule & square by which all causes are to be tryed, and justice mett out. By indi∣rect meanes then to pervert the minde of the Judge, and deprave his judge∣ment, what is it else in an Advocate or Pleader, than to crook his owne square, and falsifie the common measure of right? Most certaine it is, that as meat ta∣steth not a like to a cleere stomacke, and to a stomacke repleat with ill hu∣mors,

so that no matter in debate presents it selfe in the like hue to a single and cleer eye, and to a dazled or blood-shot. Let S. James give the Judges their Motto, Be swift to heare, slow to speak, slow to wrath.d 1.53 Brutus would have made an ill judge, who was affianced to his owne will: and Cassius a worse, who was wedded to it: and Herod worst of all, of whom Josephus giveth this character, that he was Legis dominus, irae servus, Lord of the law, yet a slave to his owne passion. It is no strong piece that will easily bee out of frame: frame therefore and temper must needs be in a Judge; yet this will not serve without a great measure of

3 Knowledge and learning in lawes,

• 1 Divine.
• 2 Humane.

As also in causes

• 1 Ecclesiasticall.
• 2 Secular: of which before.

• 1 Civill.
• 1 Municipall.

4 Integrity. Probè doctus est qui probus est, he is intirely learned who to his learning hath added integrity. Learning teacheth what is wrong as well as what is right, and without integrity instructeth a Judge how to make wrong passe for right in a legall forme. If a Judges eye be open to favour, or his hand to gifts, his learning will serve him to no other end, than cun∣ningly to divert the streight current, to bring water to his own Mill. He that opens his hand to catch after a great reward, cannot chuse but let fall his rule out of it. In which regard thee 1.54 Thebanes pourtraying a Judge, drew a venerable personage in a sacred habite, fitting still in a chaire, having nei∣ther eyes nor hands; his sacred habit represented his religion, his venera∣ble yeeres, his learning and experience; his still sitting, his moderation; his eyes out, his indifferency or impartiality; his want of hands, his integrity or freedome from taking bribes.f 1.55 Mazarinus complaineth of the Judges be∣yond the sea (and there let them still bee) that they resembled the blood-stone, which hath a speciall property to stanch blood, yet it is observed by Jewellers, that it never exerciseth this vertue, nor stancheth blood, unlesse it be set in, or covered over with silver, and so applyed to the veine. How true this is I know not, but sure I am that those who use a silver plummet draw blacke lines. When Demosthenes, having received a large fee of the adverse party to be silent in a cause, and being called to plead pretended the Squin∣sie, his clyent handsomely came over him, saying, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, non est ista angina, sed argentangina. I could match such an Advocate with a like Judge in Poland called Ictus, who a long time stood for a poore plain∣tife against a rich defendant, in the end took of the defendant a great summe of mony, stamped according to the usuall stampe of the countrey, with the Image of a man in complete armour, and at the next Sessions in court jud∣ged the cause in favour of the defendant: and being taxed for it by his friends in private, shewing them the coyn he received, demanded of them, quis possit tot armatis resistere? who were able to stand against so many in com∣plete armour? Steele armour is bullet or musket proofe, but nothing except the feare of God is gold or silver proofe. Nothing can keepe a Judge from receiving a reward in private, in a colourable cause, but the eye of the Al∣mighty, who seeth the corrupt Judge in secret, and will reward him open∣ly, if not in his lower Courts on earth, yet in his high Court of Star-cham∣ber in heaven.

5 All corruption is not in bribes; hee who for hope of advancement or for favour, or for any by-respect whatsoever perverteth judgement, is not cleere from corruption, though his hands be cleane. The Judges who ab∣solved the beautifull strumpet Phryne, had their hands cleane, but their eyes foule. The Judges who absolved Murena, that by indirect meanes purcha∣sed the Consulship of Rome, are not taxed for taking any bribe from him, yet was their judgment corrupt, because that which swayed them in judgment was not the innocency of Murena, but his modest carriage, together with his sickness then upon him, moving them unto compassion. An upright Judge must in a morall sense be like Melchisedek, without Father or Mother, kiffe or kin; I meane in justice hee must take no notice of any affinity or consan∣guinity, friendship or favour, or any thing else, save the merits of the cause; to which

6 Hee must give a full hearing: for otherwise the Poet will tell him, thatg 1.56 though the sentence he gives may be just, yet he cannot be just. The eare is not only the sense of discipline or learning, as the Philosopher spea∣keth, but of faith also, as the Apostle teacheth, yea and of truth also and ju∣stice. Though a Judge need not with Philip stop one of his eares while the accuser is speaking; yet ought he alwayes to reserve an eare for the defen∣dant, and according to the ancient decree of the Areopagites,h 1.57 heare both parties with like attention and indifferency their full time. Albeit our Lord and Saviour knew the hearts of men, which no earthly Judge can; yet to prescribe a rule to all Judges, hee professeth, sicut audio sic judico;i 1.58 as I heare so I judge. Never any Romane Emperour was so much censured with injustice and folly ask 1.59 Claudius Caesar, and the reason why hee so oft mistooke, was, because hee often sentenced causes upon the hearing of one side only, and somtimes upon the full hearing of neither. But of hearing you heare every day, not onely the Preachers at the Assizes, but the Counsell on both parts call upon you for it: I would you heard as oft of that which I am to touch in the next place (without which hearing is to no purpose:)

7 Expedition. If the time had not prevented me, I would have long insi∣sted upon the prolonging of suits in all Courts of justice. For a man can come into none of them but hee shall heare many crying with him in the Poet, Quem das finem Rex magne laborum? When shall we leave turning Ixions wheele, and rowling Sisyphus stone? O that we had an end either way! long delayed justice often more wrongeth both parties, than injustice either. I am not ignorant of the colourable pretence wherewith many excuse these de∣layes, affirming that questions in law are like the heads of Hydra, when you cut off one there arise up two in the place of it: which if it were so, as it ar∣gueth a great imperfection in our laws, which they who are best able make no more haste to supply, than beggars to heale the raw flesh; because these gaine by such defects, as they by shewing their sores: so it no way ex∣cuseth the protraction of the ordinary suits, disputes, and demurres, in which there is no more true controversie in point of law, than head in a sea-crab.

8 Of courage and resolution I shall need to adde nothing to what hath beene spoken, because the edge of your sword of justice hath a strong backe, the authority of a most religious and righteous Prince, under whom

you need not feare to doe justice, but rather not to execute justice upon the most potent delinquent.

9 There remaines nothing but Equity to crowne all your other vertues, which differeth but little from moderation above enforced; for moderati∣on is equity in the minde, as equity is moderation in the sentence. Bee not over just, saithl 1.60 Solomon, but moderate thy justice with equity, and miti∣gate it with mercy, for summum jus est summa injuria; justice without mer∣cy is extreme cruelty, and mercy without justice is foolish pity; both to∣gether make Christian equity. Therfore these two vertues resemble Castor and Pollux, which if either alone appeare on the mast, is ominous, but both together promise a prosperous voyage: or like the metals, which are so termed, quia 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because the veynes succeed one the other: after the veyne of one metall you fall upon the veyne of another: so in scripture you shall finde a sequence of these vertues, as in the Pro∣phet Micah,m 1.61 Hee hath shewed thee O man what is good: and what doth the Lord require of thee, but to doe justly, and love mercy? and in Ze∣chary,n 1.62 Execute true judgement, and shew mercy and compassion every man to his brother: and in Solomon,o 1.63 Hee that followeth after righteousnesse and mercy, findeth life, righteousnesse, and honour.

To gather then up at length the scattered links of my discourse, to make a golden chaine for your neckes, Be instructed O ye Judges of the earth, ei∣ther Judges made of earth, earthly men, or made Judges of the earth, that is, controversies about lands, tenures, and other earthly and temporall cau∣ses, serve the Lord of heaven in feare, and rejoice unto him with trembling, bee religious in your devotion, moderate in your passions, learned in the lawes, incorrupt in your courts, impartiall in your affections, patient in hearing, expedite in proceeding, resolute in your sentence, and righteous in judgement and execution: So when the righteous Judge shall set his tribu∣nall in the clouds, and the unrighteous Judge, as being most contrary to him, shall receive the heaviest doome; ye that are righteous Judges, as be∣ing likest to him, shall receive a correspondent reward, and bee taken from sitting upon benches on earth, to be his Assessours on his throne in heaven: To whom, &c.

Notes

• a 1.1

  Aelian. de Var. hist. l. 5.
• b 1.2

  Phiditia were sparing meales, or frugall seasts: so named from ecl. 〈◊〉〈◊〉 signifying to spare or be thrifty.
• c 1.3

  1 Cor. 15.8.
• d 1.4

  Cic. declar. o∣rat. Numerum verborum nu∣mero sententia∣rum penè con∣secutus est.
• e 1.5

  Levit. 1.16. And ye shall pluck away the filth thereof with his feathers, and cast it besides the Altar, by the place of the ashes.
• f 1.6

  Cic. de orat l. 1. Neque tam molestus mibi fuit Antonius, quod jus no∣strum civile pervellit, quam jucundus quod se id nescire confessus est.
• g 1.7

  Peti. Diale∣ct••cum crimi∣natur, sed cum ad interrogata respondere non possit.
• h 1.8

  Eras. adag In∣ter coecos lus∣cum regnare posse.
• g 1.9

  Aelian de var. hist. l. 3. Gravis∣sima 〈◊〉〈◊〉 poe••am inflixerunt ut libe••os suos non docerent literas.
• h 1.10

  Brierhood tra∣ctat de oculo M.S.
• i 1.11

  Pro. 1.5. A••••se man will heare, and will under∣stand learning.
• k 1.12

  P•• 9.9. Give instruction to a wise man, and he will he yet wiser; teach a ••••t man, and he will in crease in learning.
• l 1.13

  Mat. 13.52.
• m 1.14

  Acts 7.22.
• n 1.15

  Dan. 1.17.
• o 1.16

  Act. 22.3.
• p 1.17

  Vid. Lyps. Manuducti ad Stoicam Philosophiam.
• q 1.18

  1 Cor. 2.5.
• r 1.19

  1 Tim. 4.13.15
• s 1.20

  Numb. 11.17.
• t 1.21

  Arist. Rhet. l. 3. Pictura muta poesis, poesis loquens pictu∣ra.
• u 1.22

  Aug. de civ. Dei. Ignorantia Judicis est ca∣lamitas inno∣centis.
• x 1.23

  Arist. Rhet. l. 1.
• y 1.24

  Lyp polit. l. 4. Difficile est in alto positum non alta sapere.
• z 1.25

  Sen. de ira. l. 2. c. 21. Quic∣quid leve & in∣anc in animo est, secunda fortuna sustol∣lit, &c.
• * 1.26

  Plin l. 1. c. 104. 106. Limum fla∣grantem, mal∣tham dictam, terra tantum extingui docue∣re experimen∣ta. Ignem mon∣tis Chimaerae extingui terra & fimo tradit Guidias.
• a 1.27

  Psal. 82.1. God standeth in the congregation of the mighty, he judgeth among the Gods. & v. 6. I have said ye are Gods.
• b 1.28

  Bodin. de rep c. 4. Lex Horatia est, Jovi sacrum esse caput ejus qui Judici no∣cuerit.
• c 1.29

  Plin. in pane∣gyr. Se non mi∣nus hominem esse, quam ho∣minibus prae es∣se cogitet.
• d 1.30

  Plin. nat. hist. l. 7. c. 7. Tu qui te deum credis aliquo successu, tamen tan∣ti perire po∣tuisti, at{que} eti∣amnum potes aut minoris, ut Anacreon acino uvae, & Fabius Praeto•• in lactis haustu pilo.
• e 1.31

  Aug de civit. Dei, l. 22. c. 22. Quid videtur sedente securi∣us? de sella ce∣cidit Eli, & mortuus est.
• f 1.32

  Exod. 18.21.
• g 1.33

  Gal. 6.1.
• h 1.34

  Num. 11.24.
• i 1.35

  Exod. 18.21. & Deut. 16.19.
• k 1.36

  Deut. 1.17.
• l 1.37

  Deut. 1.16. & 13.14. & 19.18.
• m 1.38

  Zech. 7.9.
• n 1.39

  Deut. 1.17.
• o 1.40

  Deut. 1.16. & Joh. 7.24.
• p 1.41

  Deut. 16.19.
• q 1.42

  Deut. 19.18.
• r 1.43

  Levit. 19.15. In equity shalt thou judgethy neighbour.
• s 1.44

  Psal. 82.1.7.
• t 1.45

  Cic prò domo suâ ad Ponti∣fices. Cum mul∣ta divinitus Pon••ifices a ma∣joribus nostris in venta atque instituta sunt, tum nihil prae∣clarius quam quod vos cos∣dem, & religio∣nibus deorum immortalium, & summae reipub∣licae prae esse vo∣luerunt.
• u 1.46

  Deut. 1.17.
• x 1.47

  Martial. epig.
• y 1.48

  Cypr. l. 2. ep. 2. Inter leges delinquitur, in∣ter jura pecca∣tur, innocentia nec ubi defen∣ditu•• servabi∣tur.

  Sen. de ira l. 2. Quam turpes lites, quam tur∣piores advoca∣tos habent? Ju∣dex damnatu∣rus quae fecit, eligitur: & coro∣na pro mala causa, bona pa∣troni voce cor∣rupta. Lactan. divin. instit. l. 1.
• a 1.49

  Mazar. in Ps. 51.
• b 1.50

  Numb. 12.3.
• * 1.51

  Democ. dixit veritatem in fundo demer∣sam.
• c 1.52

  Arist. Rhet. l. 1. c. 1 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• d 1.53

  Vellaius Pater l. 1. hist. Quic∣quid voluit valde voluit Brutus, nimium Cassius.
• e 1.54

  Rainold. com. in Rhet. Arist. l. 1.
• f 1.55

  Mazar. com. in Psal. 51.
• g 1.56

  Sen. in med. Qui aliquid statuit parte in∣auditá alterá, aequum licet statuerit, baud aequus est.
• h 1.57

  Demost. orat. de coron. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• i 1.58

  Joh. 5.30.
• k 1.59

  Sueton. in Claud.
• l 1.60

  Eccl. 7.16.
• m 1.61

  Micah 6.8.
• n 1.62

  Zech. 7.9.
• o 1.63

  Pro. 21.21.