The judge's authority or constitution a sermon preached in the Cathedral Church of St. Peter in York, upon Monday the 7th day of March 1669/70, at the assizes holden for that county before the Right Honourable Baron Littleton, the Right WOrshipfull Sr. Philip Monckton, Knight, being High-sheriff of Yorkshire / by James Johnson ... Johnson, James, 1639 or 40-1704. 1670 Approx. 68 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A46904 Wing J777 ESTC R3892 12892339 ocm 12892339 95144 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46904) Transcribed from: (Early English Books Online ; image set 95144) Images scanned from microfilm: (Early English books, 1641-1700 ; 716:31) The judge's authority or constitution a sermon preached in the Cathedral Church of St. Peter in York, upon Monday the 7th day of March 1669/70, at the assizes holden for that county before the Right Honourable Baron Littleton, the Right WOrshipfull Sr. Philip Monckton, Knight, being High-sheriff of Yorkshire / by James Johnson ... Johnson, James, 1639 or 40-1704. [8], 32 p. Printed by John Hayes ..., for Samuel Simpson ..., Cambridge [Cambridgeshire] : 1670. Marginal notes. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Sermons, English -- 17th century. 2004-06 TCP Assigned for keying and markup 2004-06 Aptara Keyed and coded from ProQuest page images 2004-07 Emma (Leeson) Huber Sampled and proofread 2004-07 Emma (Leeson) Huber Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion The Judge's Authority OR CONSTITUTION : A SERMON Preached in the Cathedral Church of S t. Peter in York , upon Monday the 7 th day of March 1669 / 70 , at the Assizes holden for that County before the Right Honourable Baron Littleton ; The Right Worshipfull S r Philip Monckton Knight being High-Sheriff of Yorkshire . By James Johnson Bachelour in Divinity , and Fellow of Sidney-Sussex Colledge in Cambridge . Credant qui volunt , malle me legendo , quam legenda dictando , laborare . S. Aug. de Trinit . l. 3. in Prooem . CAMBRIDGE , Printed by John Hayes , Printer to the University , for Samuel Simpson Bookseller in Cambridge , 1670. TO THE Highly and worthily Honoured S r PHILIP MONCKTON Knight , High Sheriff of YORKSHIRE . HONOURED SIR , TO make a trivial Apology for publishing the following Sermons , would be as idle , as themselves in this scribling age to some may seem superfluous . Those usual reasons of friends intreaties , and desired Copies might be as justly alleadged by me , as they are commonly by others ; but these cannot so far prevail , as your commands , no longer now to be disputed , much less denied . Sir , Your word carries Authority with it not onely ad praelium , sed ad praelum , in submission to which ( though I exchange charitable ears for critical eyes ) I rather choose to expose my self to the censure of others , then become guilty of any disrespects to your self . And though the meanness of these discourses may a little impeach the judgement of you the Approver , and not a little shew the inabilities of me the Composer , yet they presume to present themselves , being not onely ennobled by your repeated commands , but emboldned by your readiness to receive them into that Patronage and protection , they cannot more confidently implore , or better expect then from your self , who have lately so eminently appeared , and still make it your business to dethrone those Epidemical and reigning sins they decry , and to uphold the forsaken Justice they plead for and maintain . Whilst others enjoy their places for private advantage , you freely conferring your Offices , make use of yours for the Common good , in laying down whereof , you may avow as Nerva ( in a case not much unlike ) did , se nihil fecisse , quò minùs possit , imperio deposito , privatus tutò vivere , with so much integrity have you demeaned your self in your place , holding on ( like a Cato or Fabricius ) in the course of Justice , notwithstanding all the difficulties did occurre . Macte ergò sis virtute tuâ , praestantissime Philippe , never to find what another good Philip of the last Age , to his great grief a did , any thing too hard for you , but continue so prosperous a Patriot in your countrey , that no b Empson or Dudley may be able to stand before you , and that by the faithfull discharge of those great Trusts reposed in you , you may if possibly exceed the renown of your noble c Ancestours . And as from his late Majesty of glorious memory , you had the d sword of Honour , as an Ensign or Trophy of your valour , e early brandished over your undaunted head , so have you by his present Majesty this addition , viz. f both swords Civil and Military , put into your hands , as a farther marke of his Royal Grace and Favour , for your former Loyalty , and signal Services . And though you may now with g Vejanius , justly hang up your armour , and betake your self to rest , Tanquam miles emeritus , yet to the joy of your Countrey , are you still employed to serve your King and them , doing worthily in Ephratah , and being famous in Bethlehem . Sir , to enumerate particulars were more fit for a Volume than an Epistle , yet should my pages swell in that kind , I need not fear the imputation of the Delphick Oracle , in the case of your name-sake of Macedon , niìs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for all is so well known in your own County , the very mention of your Name is enough to bring them to remembrance ; amongst which the grand and publick affair ( fit onely for so publick a spirit as your own ) now in hand deserves not the least commendation . Be not dismayed , Great S r , if a Golden Calf be not so soon broken , or burned , as once it was . New upstart Idols ( as our Henry the seventh upon another h occasion said ) were always God Almightie's vexation ; and so are they his people's too : but yet when zeal and power unite against them , they cannot long be idolized . A Golden Eagle was once observed to fall down at the approach of a Noble Philip , and still Magna est veritas , & praevalebit : which that it speedily may , I with the joynt suffrages of innumerable more ( both injured and others ) of our Countrey men , do congratulate its valorous Champion , and cordially wish an event proportionable to the merits of your Cause , and an issue as successfull as your designs are just and honourable : so prays he whose ambition is to be Sir The meanest of Your Votaries , J. J. Sid. Suss. Coll. Camb. Octob. 20. 1670. Deut. 16. 18 , 19. Judges and Officers shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy tribes , and they shall judge the people with just judgement . Thou shalt no wrest judgement , thou shalt not respect persons , neither take a gift ; for a gift doth blind the eyes of the wise , and and pervert the words of the righteous . IT were to be wished , that the dictates of reason and religion , that the rules of justice and equity , that the laws of Christianity and piety , were so generally entertained , and cordially imbraced , that the voice of oppression and injustice , of deceit and wickedness , of fraud and violence , were not so much as heard amongst us ; then would primitive innocency , and neglected justice ( that divine Astraea that hath left the earth so long ) return , and once more take place amongst us ; then would the world become as a garden of Eden , no forbidden fruit of what belongs not to us , would then be touched , nor would there be any serpent there , to envy at , or tempt us from our happiness : then might every one with no less satiety than content , eat the fruit of his own vine , and sit under his own fig-tree ; then would each man's possession by a secure and peaceable enjoyment thereof be doubly blessed unto him . The Wolf might then ( as the Prophet Isaiah speaks ) dwell with the Lamb , & the Leopard lie down with the Kid , and the Calf , and the young Lion , and the fatling together , they should not hurt , nor destroy in all God's holy mountain . But whilst in stead of this divine and evangelical , this calm and serene , meek and innocent temper , men ( if so they may be called that cast off all reason and religion , and abandon natural justice and equity ) become brutish and savage , inhumane and ravenous , the garden of Eden is turned into a wilderness , and men become serpents to each other ; or as the same Prophet expresses it , the wild beasts of the desert meet with the wild beasts of the island , satyres and vultures , tygers and dragons , viz. men of cruelty and barbarity , of brutish and unnatural dispositions become possessours of it . And now man that is by nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( as the Philosopher terms him ) a gentle and sociable creature , made for converse & society , becomes degenerate , and overthrows those very foundations that should uphold it : they that should be helps and supporters , become supplanters and underminers of each other : instead of Homo homini Deus , it is Homo homini Lupus , and men live together , as though they were made to bite and devour , to ruine and destroy one another . And as being impatient of all restraint and controule , the excentrick and irregular passions of such degenerate minds become so furious and headstrong , as that which was intended for their restraint , does but irritate , and stir them up , and make them oftentimes the more outragious , like the troubled sea ( to which such like men are by the Prophet compared ) they are continnally casting forth mire and dirt ; and as the waves thereof contemne all bounds , and in anger foam , and clash , and break themselves against the rocks that keep them in , so these mens restless and raging passions overflow all banks that should bound them , and in contempt spit defiance in the face of laws , and lawgivers . And now when mens passions become as wild and boundless , as they are otherwise lawless and unaccountable , 't is time for the law to take courage to it self , and double its strength to chastise the boldness of such offenders , 't is but equal that that against which they offend , should become the instrument of their punishment . Thus by reason of offenders , laws and the execution of them become as necessary , as they would otherwise be useless , and the Magistrates power to preserve every one in his right , and defend him from the violence of another , is as requisite as the prostitution of laws to every extravagant and unbridled humour would be intolerably pernicious and mischievous ; to prevent the sad consequences , and insufferable enormities whereof , Judges and overseers of the law are constituted and appointed for the safety and security of those that live under its protection ; that there may be a due and right administration of justice , and that the people may be judged with just judgement , without wresting , or distoring that which is the common rule of every one's right ; without favouring or respecting any persons , upon whom the law looks with an equal and impartial eye ; without selling , or taking gifts for that which the law freely dispenses and imparts to all . This is the end and design of the law ; this is the duty and employment of Judges and Officers of Justice ; this is the work and business of this time ; and this accordingly is the injunction and command of Moses here in his charge to , or concerning the Judges . Judges and Officers shalt thou make thee in all thy gates , which the Lord thy God giveth thee , and they shall judge the people with just judgement , &c. In which words here is 1. Judicum institutio , the Judge's authority , or constitution , Judges and Officers shalt thou make thee . 2. Judicii executio , the Judge's Office and employment , viz. the execution of Justice , they shall judge the people . 3. Judicandi modus , the manner how that execution of Justice is to be performed , 1. Positively , with just judgement . 2. Negatively 1. Without perverting of equity , Thou shalt not wrest judgement . 2. Without partiality , Thou shalt not respect persons . 3. Without bribery , Thou shalt not take a gift ; And that enforced by a twofold reason , First , because it blinds the eyes of the wise ; And secondly , as a consequent of that , because it perverts the words ( or , as some read it the matters ) of the righteous . The Charge consists of many parts , each of which might be directed to the several persons concerned in the administration of Justice . To the Head and Chief of which , that sits in Moses's chair to hear and determine , judge and pass sentence , to him that gives a charge to others , in the first place is a Charge given , Thou shalt judge the people with just judgement . To him that prepares and makes ready the cause for the Judge's hearing , the Advocate or Pleader to whose care and trust the state and suit of the Client is committed , when he speaks in a cause , there 's a caveat for him , Thou shalt not wrest judgement . To him that 's returned to serve as a sworn man or Juror , in matters of grand or petty inquest ; or that is in any office of trust , or place of service in , or about the Courts , so as it may come within the verge of his power to do a suitor a courtesie , or displeasure , is the next injunction , Thou shalt not respect persons . Lastly , to him that 's bound over to prosecute for the King in a criminal cause ; or that offers himself as a voluntary informer upon some penal statute , or is brought in by process to give publick testimony upon Oath ; or comes of good or ill will to speak a good word for , or a contrary one against any person , is the last prohibition , Take not a gift ; when he opens his mouth to give witness , he must not open his hand to receive a gift , for a gift doth pervert the words of the righteous . But because the several corruptions of justice do often unite in the same persons , and as the Philosopher observes of moral vertues are concatenated and linked together in the same subject , that the same men Proteus-like put on several shapes , that they rather endeavour an engrossing of all abuses , than a monopoly of any particular one to themselves , and that by such a complication of them , they ( as Saint James speaks in another case ) in many things offend all , I shall not be so injurious to the words , as to imprison them in such narrow limits , and confine that to some sort of persons , to which mens general practises have unhappily given a greater extent and latitude . The first thing that presents it self to our view , is the Judge's authority or constitution ; Judges and Officers shalt thou make thee . Moses in the precedent verses had given charge concerning religious matters , he now descends to civil affairs ; as before he had taken care for the establishment of piety towards God , so here he endeavours the promotion of justice towards men : the affairs both of Church and State fall under the Magistrate's care and inspection , he is custos utriusque tabulae ; both the Tables of the Law were given Moses to be kept , and though he once in anger broke them , yet now in zeal he takes care for restoring and preserving of them . What he here gives in charge & command to others , was the discharging of that which himself undertook , like Gideon to his followers , or Caesar to his souldiers , he bids them do no more , than what he had done before them . At first indeed he judged the people by himself , but their contentions growing as numerous as their persons , and their strifes as endless , as they were unreasonable , that soon became a burden too heavy for his shoulders alone , ch . 1. 12. How can I my self alone bear your cumbrance , and your burden , and your strife ? and therefore following Jethro his father in law's advice , he chooses out among the people able men to perform that task with him , that they might judge of the smaller matters , whilst onely the harder causes were brought unto him ; and what he then commanded , he again at this second promulgation of the law charges upon them , thereby perpetuating his care to successive generations , whom he appoints to make Judges and Officers over them . By these two names , Judges and Officers , some think the same persons to be meant , so à Lapide , Judices & Magistratus constitues , i. e. praefectos , pula viros sapientes qui quasi Magistri & Magistratus praesint juri dicendo , iidem ergò sunt Judices & Magistratus . The words indeed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here used , are often placed together , and so by some taken for synonymous terms ; but Pagnin gives a caution against this , Cave ( says he ) nè cum plerisque interpretum , utramque vocem confundas ; and for the distinction of them , makes mention of several sorts of Judges or Magistrates among the Jews . First , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Seniours or Elders . Secondly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges . Thirdly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exactours ( who exacted what the law required . Fourthly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prefects or Masters , being the same which is here rendred Officers , and is distinguished from Judges , because Judex judicabat , Praefectus exequebatur quod judicatum erat , the Judge passes sentence or determines , the Officer puts in execution what is so sentenced or determined . The Septuagint renders it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Judges and Magistrates shalt thou make thee , with which agrees the Chaldee paraphrase , and vulgar latine , but according to the Syriac version it is , Judges and Scribes , Wolphius renders it Apparitores , Junius and Tremellius , Moderatores , some translate it Decanos , others Duces , Officiales , Ministros Magistratuum , or Castigatores ; Apparitors , Moderators , Officials , Captains , Leaders , Virgers , or Correctours , according to the last of which Paulus Fagius thus distinguishes them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sunt Judices , qui determinant causum , sive judicium , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sunt qui dominantur populo , & exequuntur mandata eorum , scilicet Judicum , cum virgâ & flagello ; their office being much of the same nature with that of the Lictors among the Romans , and so rendred castigatores , those that chastise or correct the people , agreeable with the third sort of Magistrates among the Jews called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exactours , to which happily that of the Prophet Isaiah alludes , I will make thine Officers peace , and thine Exactours righteousness . Or by Judges and Officers may be distinguished the Supreme Judge from the rest , either in the great Councel or Sanhedrim of the Jews consisting of 70 Elders , or 71 , or sometimes 72 if the High Priest were there , in which he that sat chief , in the place of Moses was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Praefectus , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Excellens ; or else in the less Councel consisting of 23 which were in the smaller cities , except those that had not 120 men in them , and then onely three Judges were placed there . Or these Officers might be those that attended at those Councels to be taught and instructed in their proceedings , ( called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 scholars of the wisemen ) like young students at the law that come to hear the Judge's sentence in doubtfull and controverted cases , or as St. Paul that sat at the feet of Gamaliel to be instructed in the law ; So Grotius upon the words , Ad pedes sedebant discipuli , ut ipso usu jus addiscerent , & in morientium aut decrepitorum locum surrogarentur , that so those who sat at their feet to learn the law , might be so skilfull therein that they might at length be made Heads or Governours . Or perhaps these Officers were onely those that waited on those Courts , as preco's or cryers , scribes or notaries ; Ad●rant ( as the fore-cited Authour adds ) duo scribae , praecones totidem , &c. of which scribes or notaries , one stood at the right hand to write the sentence of absolution , and what was spoken in defence of the party , and the other at the left hand to write the sentence of condemnation , and the objections made against him ; to which , some think , Christ speaking of the last Judgement , had reference , he shall set the sheep on the right hand , but the goats on the left . Or lastly , these Officers most probably were those that were in manner of Sheriffs , who were present to execute what the Judge determined , whence they carried up and down their staves and whips , as the Consuls at Rome had their rods and axes carried before them , for the more ready execution of justice . To this seems to allude that of Saint Luke , When thou goest with thine adversary to the Magistrate , as thou art in the way , give diligence that thou mayest be delivered from him , lest he hale thee to the Judge , and the Judge deliver thee to the Officer . But however these two may differ as to their kind and dignity , their subordination or dependance upon each other , yet they agree as to their common aim and end , their design and institution , in promoting justice , and executing Judgement . These are the powers which are ordained of God , and are ( as the Apostle speaks ) his Ministers continually attending upon this very thing . The Magistrate's power hath the stamp of divine authority impressed on it , ( and that more firmly , than Phidias's image was on Minerva's statue ) and therefore they that resist this power , resist the Ordinance of God ; and of such there are a generation in the world , impeaching Magistracy with the titles of tyranny and usurpation , and branding all justice with the names of cruelty and oppression ; such there were in the Apostle's time : Saint Peter makes mention of some , who despise government , and are not afraid to speak evil of dignities ; and Saint Jude of such whom he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , filthy dreamers , who despise dominion . Such were the Manichees of old , who conceived that Magistracy was a constitution of their bad god . Of the like stamp were the Weigelians and Swenkfeldians of later years ; and such 't is to be feared , if we may guess by their practises , are too many amongst us at this day , whose principles ( durst they so far vent themselves ) would animate them not onely to pluck the sword of the Spirit , ( the word of God ) out of the mouthes of Ministers , but the sword of Justice too ( had it not too sharp an edge for them ) out of the hand of the Magistrate , that so their licentiousness might escape the punishment of the latter , as well as the reproof of the former . Thus it was with those famous ( or rather infamous ) leading rebels , Corah , Dathan & Abiram , who set themselves up , not onely against Aaron the Priest , but against Moses the Magistrate , and thought both of them took too much upon them , to lift themselves above the congregation of the Lord , and therefore they both envied Aaron his Priesthood , and Moses his Authority , they would neither hear Aaron's bells , nor kiss Moses's rod , neither give ear to the one nor obedience to the other . But let these spurn at this authority in their pride , or reject it in their folly , yet it is the power of God , and the ordinance of God. Governours ( says the Apostle ) are sent by God ; this is their commission ; By me Kings reign , and Princes decree justice : By me Princes rule , and Nobles , even all the Judges of the earth . The Magistrate is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Minister of God ( says Saint Paul ) a revenger to execute wrath upon him that doeth evil . It is the divine authority which makes that justice in the Magistrate , which would be cruelty and murder in another , and who shall tax his obedience to that authority to be criminal or faulty ? The divine providence hath not intrusted the Sword of Justice in every private man's hand ; if it were so placed , how soon would each man , ( like Cain ) upon any distast sheath it in his Brothers bowels , and make it drunk with the blood of revenge ? If every one might be the righter of himself , and revenger of his own wrongs , the world would soon become an Aceldama , a field of blood ; and therefore God , who hath prohibited all private Christians ( who are naturally partial in their own causes ) to avenge themselves , hath authorized the publick Magistrate with his Commission to be the avenger of wrath , or ( as Saint Peter speaks ) to be for the punishment of evil doers , and for the praise of them that do well : for this end are Judges and Officers constituted and appointed : Judges and Officers shalt thou make thee , and they shall judge the people ; which is the second thing propounded . 2. Judicii executio , the execution of Judgement . The original word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Judge , signifies both jus dicere and exequi , to determine what 's right , and to execute what 's so determined ; the first is a decree of Judgement , the second is the execution of that decree ; the first is an act of skill or understanding , the second an act of courage and resolution ; both which are requisite in him that judges : the act of judging supposes ability and skill in him that undertakes it ; hence Judges were anciently called Cognitores , and cognoscere in approved Authours is as much as to do the office of a Judge , as Seneca , si judicas cognosce ; 't is a necessary qualification to be able to know the truth , that so in difficult and intricate cases covered with darkness and obscurity , perplexed with windings and turnings , overlaid with cunning and crafty conveyances , they may extricate and find out that which would otherwise be lost in a maze and labyrinth , set free and deliver that truth which otherwise would be shackled and imprisoned ; necessary to which is the examination of witnesses , and hearing evidences , and considering allegations , and weighing circumstances , and putting in cross interrogatories , and making queries , and raising doubts to over-weigh and out-balance the craft and subtilty of those who of purpose involve the truth of things with falshoods and deceits ; all which as they are necessary to a right determination , so they are onely subservient to a due execution ; the other acts are lame and imperfect without this to compleat and finish them . This is that which adds life and strength to the laws , without which , notwithstanding all the other formalities , they would die and languish : by execution the Judge breaths life into them , and is therefore called by the Philosopher 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and by some of the Ancients 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the living law ; Execution of laws is as necessary as the promulgation , or constitution of them ; God hath put a sword into the Magistrate's hand for this end , and he expects he should not bear it in vain ; not bear it onely for honour , or safety to himself , but to strike fear and terrour into offendours . Rulers are not a terrour to good works , but for evil ; not to bear it as a badge and ensigne of authority , but to draw it out as an instrument of justice and severity . Where there wants execution , there wants not transgression , impunity encourages to all iniquity , not to light slips onely , but to gross enormities , so that according to the Rabinical proverb , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 transgressours need a Session-house , the laws suffice not to keep men in due bounds , the Judge must necessarily exert his power to execute the laws ; and he that does not this , at the same time both robs the law of that defence which should secure it , and himself of that innocency which should protect him ; for he that punishes not those faults which are in offendours , thereby transferrs them upon himself ; the guilt is devolved upon his head , who by punishing it in some should have prevented it in others . To which purpose is that story of Lewis King of France , who being at his devotions , was solicited by a Courtier to pardon a malefactour , that was found guilty of death , the King without any more ado , made a sign with his head , that he granted his suit ; but presently after , chancing to read a verse of the 106. Psalm , containing these words , Blessed are they that keep judgement , and he that doth righteousness at all times he bid call him again to whom he had granted the pardon , and disanulled it with this memorable Apophthegm , viz. The Prince that can punish a fault , and doth not punish it , is no less guilty before God , than the offender himself . ; According to which was the wise answer of a certain fool or Jester made to a King of the same land , who found fault with a Courtier that had begged pardon of him , saying that this was the third murder he had committed , nay King , quoth the Jester , this suiter hath committed but one of the murders , it is thou that art guilty of the second and third , for if thou hadst not granted him pardon for the first , he had not lived to have done any more . It was his first pardon which promised him so much security , as encouraged him to commit the like enormity . Thus according to that principlein moral policy , an ill executour of the laws is worse in a state , than a great transgressour of them . It is the non-execution of laws that is the cause of so frequent breach of them , for those , the neglects whereof are the severeliest punished , are the least violated , else why are murders and robberies ( though too oft , yet ) more rarely committed , than those common sins of drunkenness , whoredom and the like , but that the laws are put in execution against the former , but scarce , or not at all against the latter , such a connivence at misdemeanours makes offendours , and ( as the Royal Psalmist speaks ) frames mischief by a law ; this is rather to stifle and suppress the law , than to execute it , and to make it partial in its proceedings , than to judge according to just judgement , which is the third thing proposed . 3. Judicandi modus the manner of its execution , and that 1. Positively , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judicio justitiae , with the judgement of justice , summâ aequitate ( as Vatablus ) or as the Syriac version may be rendred , that he may teach the people the judgement of equity . That is just or equitable , which is regulated according to the law , proportioning punishments to the nature of the offence , neither giving more nor less than that deserves ; to punish less , gives too much encouragement to others to offend , to punish more , gives too great cause of complaint of injustice to the offendour , for innocency it self suffers so far as any is punished beyond the demerits of the offence . The Romans had their fasces or bundle of rods with an axe in the midst to signifie the equity of the Magistrates in punishing some onely with a rod , others with an axe , the one for petty , the other for capital crimes ; and the Poet in the Greek Epigram taught the silver axe of justice carried before the said Roman Magistrates to proclaim , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If thou be an offender , I am an axe to punish thee ; but if innocent , I am onely silver not to affright thee . When judgement is justly executed , there is no fear of punishment to the innocent , nor flattering hopes of escaping justice to the delinquent ; when Judgement is thus laid to the line , and righteousness to the plummet , when every fact is laid to the rule of the law , and sentenced according to its rectitude , or obliquity to it , when every action is weighed in the balance of justice , and receives sentence according as it is found wanting , then the people are judged with just Judgement . This is that , which is both the peoples safety , and the laws security , it is that which both conveys and entails a blessing upon a State or Nation ; it is both columna & corona reipublicae , a prop to make it firm in it self , and a crown to render it glorious in the eyes of others ; this is that which ( as the Psalmist speaks ) when the foundations of the earth are out of course , upholds the pillars of it ; it is as the cement in a building to unite and hold together the several parts of it . Jus & aequitas ( as the Oratour phrases it ) sunt vincula civitatum : it is in the body politick , as joynts and ligaments , as nerves and sinews in the body natural , by this is its strength derived and preserved , for by righteousness ( according to that of the wise man ) is a nation exalted , and by judgement is the Throne established . Justice and Judgement are such inseparable adjuncts of the Throne and Nations happiness , that they who subvert and undermine the one , do thereby necessarily destroy and raze the very basis and foundation of the other , and there can be no greater enemies to a King or Kingdom , than those that by thus doing set themselves against both , nor scarce can there be any sadder symptoms of a declining and decaying nation , than when justice is thus obstructed , and Judgement is turned backward . No wonder therefore that Moses the King in Jesurun , strengthens his command concerning Judgement , with a threefold caution , that like a threefold cord it might not easily be broken , which is the Negative part of the injunction , Thou shalt not wrest Judgement , nor respect persons , nor take a gift . All which prohibitions were so necessary to be observed in Judgement , that , as Simeon de Muis notes from some of the Rabbins , when Solomon ascended the several steps of his Throne ( mentionned , 1 Kings 10. 19. ) there was a praeco or herald appointed to cry when he entred upon the first step 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not wrest Judgement ; when he ascended upon the second : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not respect persons ; when he ascended upon the third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not take a gift . The first prohibition is , 1. Thou shalt not wrest Judgement . The Septuagint renders it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they shall not decline Judgement ; so the vulgar Latine , nec in alteram partem declinent , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as the Chaldee paraphrase ) thou shalt not pervert , or ( according to the Syriac ) thou shalt not bend Judgement , nec prece , nec precio , as Lyra. Wresting of Judgement is here immediately opposed to just judgement , which seeing it is that which proceeds according to the standard of justice , viz. the law , which is the rule of right and wrong , when that rule is distorted , then is Judgement wrested ; And to do this , as it is contrary to the nature of the law , so to the office of those , to whose protection the law is committed . Judices , ( as one descants on the word ) are juris indices , they must jus dicere , as their name signifies , and jus dare too , as their office imports . The Judge is the laws interpreter , he must not make it speak , but what it means , to do otherwise is to make it act a part of Jesuitism , to declare one thing , and by a mental reservation to understand another . Jus wrested is turned into vis , the letters transposed , and justice perverted ; the former of which is not so obvicus , as the latter is pernicious , for this does not onely enervate and weaken the law , but thwarts and crosses the very end and design of it ; it makes it patronize that which it chiefly opposes and contradicts , and under a pretence of justice , to do the greater injustice more plausibly and securely . This was one of those great evils which Solomon saw under the sun , that in the place of judgement , wickedness was there , and in the place of righteousness that iniquity was there ; This is so much the greater iniquity , by how much it shrowds it self more closely under the covert and pretext of equity : simulata aequitas , duplex iniquitas . This is to make the sword of Justice turn its edge , and do execution upon those whom it should protect and defend ; it is to make the law instead of being an hedge of defence , become as so many thorns and briars to rend those whom it should preserve ; it is to convert a medicine into poyson , to turn the rod into a serpent , to make that an instrument of cruelty , which is the rule of equity , and is so much the more intollerable , by how much it cuts off all the means and methods of redress . Scepters born by Kings , and the Maces of Magistrates are all straight emblems , of that justice which is held forth by them ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Scepter carrieth a kind of instruction with it , the straightness thereof should be a memento to shun crooked and perverted judgement : he that wrests the law , crooks the Kings Scepter , and falsifies that which more lively than his coin , bears his Royal impress on it ; to do thus is to make the Kings laws ( like the Pope's Canons ) plumbeas & cereas ( as one speaks ) waxen and leaden laws , to bend and bow this way or that , and ( by perverting them besides or contrary to their genuine sence ) to make them become guilty of the same soloecism with that of the Canonist , Statuimus , id est , abrogamus , we command this , that is , we do the contrary . And as Judgement is wrested by perverting the law , so likewise by perverting those actions of which the law takes cognizance ; and this is too often done by Jurours who give in a verdict besides or contrary to the nature of the fact , or matter that 's brought before them , as though a verdict had its name given by an Antiphrasis , like Diogenes his man , manes à manendo , because he would oft be running away ; so a verdict from verum dicere , because they make it speak the contrary . This is done too by those , whose profession they think obliges , or at least allows them to make the best they can of their Clients , and the worst of their adversaries cause , against whom upon some plausible pretence they usually run descant at pleasure , perverting what is said or done , either to make their matters ill when they are not , or else aggravating them to make them seem worse than indeed they are ; and thus nimium altercando , they are like that Rhetorician that could mirificè res exiguas verbis amplificare , wonderfully amplifie small matters with great words , for which Agesilaus thought he deserved no more commendation , than the shoemaker that made great shoes for little feet : and though these may count it the glory of their profession ( as Protagoras , and the old Greek Sophisters were wont to do ) by dexterity of wit , and volubility of tongue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to make the worse side the better , yet a good Oratour as well as good man ( which Cicero joyns together , vir bonus dicendi peritus ) should make use of both the one and the other , to decry injustice and defend equity , to protect innocency and crush oppression , to detect fraud and advance truth , to succour the distressed and help them to right that suffer wrong . They that make use of their rhetorick or eloquence , reasons or arguments for or against any person should not be as the Roman Advocates ( of whom St. Bern. complains , Hi sunt qui docuerunt linguam suam grandia loqui , &c. these are they that have taught their tongues to speak lies , nimble-tongued against righteousness , skilfull to defend falshood , wise to do evil , eloquent to oppose the truth ) but rather be as St. Paul , able to do nothing against , but for the truth . The second prohibition is , 2. Thou shalt not respect persons ; though a civil respect of persons be elsewhere commanded , yet a judicial one is here forbidden ; though respect of persons is due in offices of humanity , and overtures of love , yet in the Gate , in the seat of Judicature , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not acknowledge ; or ( as the Syriac version ) thou shalt not honour faces . The Septuagint changes the person , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they shall not know a face , or person . The Greeks usually render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which word non personam significat sed personae attributa , & circumstantias , it is properly verbum forense , & de judicibus propriè praedicatur , as Zanchy . Respecting persons is a sin incident to those who are conversant about matters of judicature and transactions of law , and ( 't is to be feared ) is as frequently practised , as 't is seldom rightly understood ; When Jurours consider not so much the cause , as the persons betwixt whom it is depending , when respect to the latter sways more than equity in the former ; when the verdict speaks the language of their affection , not of their judgement , and is the result of their malice or prejudice , not of their knowledge or Conscience . When the authority of the Foreman ( whom the rest usually follow as sheep ) or the awe of some great person , or interest of some relation , or suggestion from some friend , or consciousness of self-guilt , or hopes of favour in the like case , prevails with any of them more than the justness and merits of the cause it self . When witnesses swear home in one man's cause , but nicely or not at all in another , because they fear some men's persons , or bear ill will to , and maligne others , making their love or hatred a rule of their evidence , rather then the obligation of their oaths , or sense of duty . When an Advocate or pleader argues the cause of the indigent faintly and coldly , but that of the rich with a great deal of zeal and ardour ; when the one is narrowly and strictly examined , the other sleightly and perfunctorily passed over : when all dilatory courses are used to protract and delay the one , but all means made use of , to expedite and dispatch the other . When by him that passes sentence , a cause is weighed in the balance not of equity , but of favour and affection ; when the person commends the cause , not the cause the person , like that of Caesar , Causa Cassii melior , sed Bruto nil denegare possum ; such a mans cause is the better , but the other is more my friend , such a case is equitable , but another's person is more considerable ; so that the respect and reverence which is due to right and equity , is given to the rich and mighty , and laws hereby ( as Zeleucus , or Anacharsis complained of old ) become like cobwebs , wherein the smaller flies are caught , but great ones are not ensnared by them ; petty thieves wear chains of iron , but grand robbers chains of gold ; manacles and halters lay hold on less transgressours , whilst the great ones break these bonds asunder ; small offenders receive severe correction , whilst the great ones escape unpunished . To prevent which partiality , and respect of persons , the Areopagites , the Athenian Judges , had their judicatures in some dark rooms , and passed their sentence in the night , that they might not be byassed by prejudice or affection to those upon whom they passed judgement , but that sentence might be given equally upon all , poor or rich , small or great . In pursuance of which impartiality , Torquatus a Roman , and Zaleucus a Grecian , spared not to sentence even their own sons . Favour must not be shewed by any , onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the Heathen speaks , onely to the altar , so far as Religion and piety will admit ; and by the Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , onely to the Judgement seat , so far as Justice ( which confines affection ) will give leave . Exuat ( says the Oratour ) personam Judicis , qui induit amici , which likewise was the apophthegme of Pericles an eminent Judge and Chieftain in Athens , that when he put on him the person of a Judge , he put off the person of a friend : the affection of a friend suits not the function of a Judge ; hence was that renowned act of Brutus , who condemned his two sons to be executed for conspiring with Tarquin's Embassadours against the Common wealth , sacrificing their lives for the preservation of that justice which was more dear unto him , so exactly was he observant of what 's here prohibited , not to respect persons . The last prohibition is , 3. Thou shalt not take a gift . Omnia venalia , the complaint of old , that all things are set to sale , grows yet but slowly out of date , being still too much verified amongst us , whilst scarce any office or place is to be had without Judas his question , what will ye give ? We have not onely of old had the Pope's ridiculous merchandise , sale of pardons ; and of late the Poet 's venales manus , sale hands , or mercenary souldiers ; and still sale Churches , by those who are rather the Plagues , than Patrons thereof , selling their own and the people's souls for Balaam's reward ; but venalem Justitiam , sale justice , ( or rather injustice under that name ) by those that are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , enhansers of fees , bribe-eaters or ravenous devourers of gifts , who hasten to the Tribunal as Dramoclidas & Stratocles in the Historian , tanquam ad messem auream , as to a golden harvest , hoping for such Clients that shall come to them , as Jupiter came into Danae's lap , per impluvium in a shower of gold , after which they have a constant thirst continually crying out with the greedy daughters of the Horsleech , give , give . This is a sin which hath both multitude of offenders to plead for it , and the greatness of the delinquents to grace and countenance it ; insomuch as it is made a note of a generous and heroick mind to receive great gifts , and not stoop unto any mean or sordid prey ; and it 's counted a badge of folly , and sottish stupidity to be bashfull in exacting bribes , when the party is backward in tendring of them ; few being of Epaminondas his resolution , who ( though poor , yet ) refused great presents sent to him , saying , If the thing were good , he would do it without any bribe , because good ; if not honest he would not do it for all the goods in the world . Of the like mind was Phocion , to whom an hundred talents being brought as a gift from Alexander , he demanded of the messenger , wherefore 't was sent to him , rather than to any other of the Athenians , and upon this answer returned , because he knew him to be an honest and just man , then , said he , I would entreat your master , that he would suffer me to continue in my honesty and justice ; implying , that he could not possibly be such an one , if he suffered himself to be corrupted with rewards ; which when they are entertained , the receivers of them are so far animated , as they will adventure upon any villany , suborn witnesses , distort justice , oppress the innocent , devour widows and orphans , betray their friends , enervate God's laws , and the King 's , violate equity and conscience , and whatsoever is , or should be dearest to them . — Quid non mortalia pectora cogit Auri sacra fames . — These and many more are the mischiefs that are effected by the unsatiable thirst after that , which ( as the Apostle speaks ) is the root of all evil : all the other corruptions of justice are small and inconsiderable , if compared with this . This is more dangerous in its enterprises , more successfull in its event , more pernicious in its practises , more bewitching in its allurements , more secret in its workings , and more universal in its infection , than all the other intercepters of justice and judgement ; and therefore whereas they are mentioned with a single prohibition , this is urged with a double enforcement , for First , It blinds the eyes of the wise . Secondly , It perverts the words of the righteous . 1. It blinds the eyes of the wise : A sword is put into the Magistrate's hand , but a bribe turns the edge thereof ; though the law bids strike , yet a gift stays the hand ; when the law should give sentence , if there be bos in lingua , it stops its mouth ; so the wise son of Sirach , Presents and gifts blind the eyes of the wise , and stop up his mouth that he cannot reprove . Wresting of Judgement distorts and draws the eyes aside , and favour makes them pore-blind , but gifts quite blind , and put them out . The Ancients painted justice , peplo oculis obducto , with a veil drawn over her eyes to signifie that no partiality by bribes , or other means should be admitted in the administration of justice ; and the Statues of the Judges in Egypt were without hands , and with their eye lids closed , against those two soloecisms , respecting persons , and taking gifts : so also the Judges Oath in Athens protested against both , with imprecation and wish of destruction to himself , and his house , if he transgressed in either ; to prevent both which was Jethro's direction to Moses , to choose out for Judges those that were men fearing God , and hating covetousness ; fearing God , that they might not respect the persons of men , and hating covetousness , that they might not receive a gift , which as it does blind the eyes of the wise , so Secondly , It perverts the words of the righteous , verbainnocentium , or justorum ( as some ) Causas justas ( as others ) verbarecta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as the Chaldee paraphrase ) right words , or the words of those that would seem to be , or are , or should be righteous . It perverts the words of him whose tongue is hired to speak what another pleases ; of the Pleader that shall argue indifferently for right or wrong , as his fee emboldens him ; that shall palliate and smooth over any cause , though he speaks against his own and the judgement of the law , which is venalis Advocatorum perfidia ; ( as was sometimes said of the Roman Advocates ) such being like the Oracle of Delphos , whereof Demosthenes complained in his time , that it did speak nothing , but what Philip would have it , who had given a double fee. It perverts the words of the Jurours , who often weigh out their sentence proportionable to the gift that 's received , with whom the greatest evidence often times is not half so convincing as a secret gift ; a bribe shall be more perswasive than all the evidentest testimony that can be brought ; their mouthes will be open for him , whose hand is so towards them , and that cause shall be best , which brings the best reward with it ; Ibifas est , ubi maxima merces . Lastly , It perverts the words of the witness , who will swear or forswear at what rate his briber will have him , who regards not so much what Oath , as what gift he hath taken , for which either Naboth's blasphemy , or Susannahs adultery shall be attested , though neither the one was spoken , nor the other done ; like knights of the post that make a jest and sport of an Oath , a play and pastime of a deposition , that will exchange a testimony ( which is verborum munus as some paraphrase upon the words ) with a brother of the same fraternity , as they used to do in Greece , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , swear for me to day , I 'le do as much for thee to morrow . Thus they justifie the wicked for reward , and condemn the innocent without offence ; they invert the nature and order of justice and equity , they make a sinner just , and a just man a sinner , they take away ( as the Prophet speaks ) the righteousness of the righteous man from him , not considering that God shall come in vengeance as a swift witness against them ; that fire shall consume the tabernacles of bribery , and that the habitations of such men shall be desolate . And now seeing there are so many corruptions of Judgement , and so many hands through which justice must necessarily pass , every one of which are ready to receive gifts , and thereby to respect persons , and so to wrest Judgement ( the latter of which Solomon makes the consequent of the former , A wicked man taketh a gift out of the bosom to pervert the ways of Judgement ) it is no wonder if a good cause hath not always the happiness to succeed well , nor is seconded with an event proportionable to its equity . If thou seest ( says the same Solomen ) the oppression of the poor , and violent perverting of judgement and justice in a province , marvel not at the matter ; but yet as it follows there , he that is higher than the highest regardeth , and there be higher than they . Wherefore let all that have any hand in the administration of justice , consider ( as the Psalmist speaks ) that God standeth in the Congregation of the mighty , and that he judgeth among the Gods ; let them bear in mind that great account they must e're long make unto him , and remember that a day is coming , wherein all ( both small and great ) must appear before the Judgement seat of Christ , and with what judgement they here judge others , themselves must then be judged , and with what measure they mete to others , it shall then be measured to them again . And if the consideration of that future Judgement will not deter men from acting injustice , the immediate address , next under God , must be to your Lordship ' s wisdom , and integrity , to regulate and over-rule , and by present judgement to correct and punish such offenders , that so the obstacles of justice being removed , Judgement may run down as waters , and righteousness as a mighty stream ; that the jaws of the wicked ( as Job speaks ) being broken , and the spoil plucked out of their teeth ; the ear that hears you , may bless you , and the eye that sees you may give witness to you . I shall end all with Moses s charge to the Judges ; Hear the causes between your Brethren , and judge righteously between every man and his brother , and the stranger that is with him , you shall not respect persons in judgment but you shall hear the small , as well as the great , you shall not be afraid of the face of man , for the judgement is God's ; or with that charge of famous Jehoshaphat , as parallel to the text , Take heed what you do , for you judge not for man , but for the Lord , who is with you in the judgement . Wherefore let the fear of the Lord be upon you take heed , and do it , for there is no iniquity with the Lord our God , nor respect of persons , nor taking of gifts . FINIS . Notes, typically marginal, from the original text Notes for div A46904-e220 Mihi nunquā placuit cuiquā illustri viro , & tantâ , quantâ es ipse sublimitate conspicuo , praesertim non ociosâ dignitate jam fruenti , sed adhuc publicis negotiis , eisdémque militaribus occupato , aliquid meorum opusculorum legendum impingere , &c. S. Aug. de nup. & concupis . ad Valerium , l. 1. c. 2. a Old Adam too hard for young Melancthon . b Two night-sprung mushrums that sucked the earths fatness from far better plants than themselves , growing up in Hen. the 7 th time , and cut down by Hen. the 8 th . Speed , p. 762 , 766. c S r Philip , and S r Francis , Grand-father , and Father , & the present S r Philip , all sequestred Knights in one house at the same time . d Knighted at Newcastle for eminent service done against the Scots , 1644. e Togâ Aca●emicâ relictâ Miles evasit . f Philippus ex utroque , g — Vejanius armis Herculis ad postem fixis latet abditus àgro . Horat. Exo. 32. 20. h On Perkin Warbeck ( who following the steps of Lambert Symnel ) was another cheat , that then also abused the people . L d Verul . in vit . Hen. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ignat. Epist. ad Polyc. Notes for div A46904-e970 Ch. 11. Ch. 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Ignat , Epist. ad Antioch . si sit Ignat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignat. Epist. ad Ephesios . — magnoque irarum fluctuat aestu . Virg. A prima hujus versûs dictione quintam hujus libri sectionem incipiunt Hebraei , quam vocant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vatab. in l. Exod. 1● . 25. Item Executores Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ saepè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 coactores . Latè se diffundebat eorum munus , ut non tantum ad causas injudicio decisas spectaret , sed magistratûs nomine alia populo intimarent , Jos. 1. 10 , 11. v. Crit. M. P. Isa. 60. 17. Godwin l. 3. c. 8. Edit . Lat. Mat. 25. 33. Ch. 12. 58. Rom. 13. 6. 2 Ep. 2. 10. Jude 8. Pe● . 2. 14. Prov. 8. 15. Rom. 13. 4. Epise . nup. Linc. Med. 2. 2. Ignoranti●● . judicis saepè fit calamitas innocemis . In animis hominum multae latebrae . Rom. 13. 4. v. 3. Maxima peccandi illecebra est impunitatis spes . In severit●●● judicis , sita e●i legum authoritas Qui par●● mali● laedit bonos . Parcendo saevit . v. 3. Camerar . p. 398. Camer . p. 400. Justitia jus suum cuique tribuit . Remotâ justitiâ , quid sunt regu● , nisi magna la●●oci●ia . Rabbi de Cozi. in loc . Eccl. 3. 16. De Consid. 1. 4. c. 2. The famous Oratour Pericles ( when Advocate in Greece ) from the principles of nature , ever before he pleaded a cause , entreated his gods that not a wo●d should fall from him besides his cause . in Eph. 6. 9. vir gregis . qua itur , non quâ eundum . Heluones patriae , & p●cuniae . Sicut hydropicus , Quò plus sunt potae , plus sitiuntur aquae . Non missura cutem , nisi plena cruoris hirudo . Neque in mala causa neque in bona fieri debet , de mala vix quisquam dubitat . Qui autem bonam habet causam , & sibi injuriam facit & judici si munus offerat . Rivet . in Exod . c. 23. Non hospes ab hospite tutus , non s●cer à genero , fratrum quoque gratia rara est , &c. Lucrum in arca damuum in consci●●tia . Eò etiam sacra illa sames nonnul●os adigit , vt patriae preditores fiant , ut Philippu● . Macedo non tam armis quàm auro libertatem Graeciae expugnavit . Diffidit urbium portas vir Macedo , & subruit aemulos Reges muneribus : munera nav●ium Savos illaqueant duc● . Horat. l. 3. Crescit peccandi libido , ubi redimendi spes datur , & facilè ad culpam itur , ubi venalis est innocentium gratia . Ecclus 20. 29. Ut lances in eam partem vergunt in qu● plus ponderis , ita magistratus in ●am , in quâ plus aeris . Cambyses Persarum Rex Sesamen unum ex Judicibus , quòd injustè ob pecuniam judicâss●t , interemit , & interempto detractum corium in lora cons●idit , quibus tribunal in quo deinceps sedens judicaret , operuit , ilique filium ejus Otanem sedere judicem praecepit , atque in memoria habere ex quo tribunali judicaret . The Kings of England also when they put the sword of Justice into the Judges hand , speak the same words in effect , and the Judges solemnly protest and swear , that they will use the same sword indifferently between the King and the subject . So it was the saying of Trajan the Emperour , Hunc tibi trado gladium , ut pro me utaris cum justa facio , contra me verò utaris si injusta facio . And the Egyptian Kings presented this Oath to their Judges , not to swerve from their consciences though they should receive a command from themselves to the contrary . Justus Advocatus à nullo injustas causas accipit . 〈…〉 pollet 〈…〉 Qui 〈◊〉 amentum à malo viro postulat , insanit . ●mp oborum ●uramentum ●n aquâ scribe . Hodie mihi , cras tibi . Isa. 5. 23. Mal 3. 5. Job 15. 34. Prov. 17. 23. Eccl. 5. 8. Psal. 82. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Epist. ad Heron . sub nom . Ignar . 2 Cor. 5. 10. Mat. 7. 2. Job 29. 17. Chap. 1. 1● . 2 Chr. 19. 6 , 7.