The widowes petition delivered in a sermon before the iudges at the assises held at Northampton, Iuly 25. 1633. by Antony Fawkner, parson of Saltry All-Saints, alias Moygne in Huntingtonshire.

To day is a day appointed for the administration of Iustice , and a fit time therefore to preferre petitions . I haue one ( Right honourable ) to present vnto your Lordships acceptation . It is the Widowes in the Parable . LVKE 18. 3. Doe mee Iustice against mine Adversary .

1 And he spake a Parable vnto them that they ought alwaies to pray and not to wax faint ,

2 Saying : There was in a City a Iudge which feared not God , neither reverenced man .

3 And there was a widow in that City , and shee came vnto him , saying , doe mee Iustice against mine adversary .

4 And he would not for a time ; But afterward he said with himselfe , Though I feare not God nor reverence man ;

5 Yet because this widow troubles me , I will doe her right , lest at last she come and make me weary .

6 And the Lord said heare what the vniust Iudge saith .

7 And shall not God avenge his Elect , which cry day and night vnto him , yeathough hee suffer long for them ?

8 I tell you that hee will avenge them quickly ; But , when the sonne of man comes , shall hee finde faith on Earth ?

And there was a Widow in that Citty , which came to him , saying , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Doe me Iustice against mine Adversary .

THough God hath made man in his image , yet hath hee not framed him his statue . Some lines indeed of his figure he hath given him , but the pitch of his stature in the whole extent of infinity , hee hath iustly denied him . Like a skilfull painter , who shewes the curiosity of his cunning in purtraying the Lanskip of himselfe : which like a dwarfe standes a loofe off , shadowed in a mist or cloude , bearing indeede some resemblance of his feature , but no proportion at all , nor paralell to the size or bignesse of his body naturall . So that , as the eye of man , which is the Sunne of the lesser world , though it represent the eye of heaven , the Sun of the firmament , yet is so disproportioned in regard of excellency , that it is not only eclipsed , but also dazelled by the greaters glory : our vnderstanding likewise , the clearest eye of the soule , and the best pourtraitures solis justitiae , of that Sunne of righteousnesse , Almighty God , in man , is but oculus noctuae , the dimme sight of a purblinde owle , which waters at the Maiesty , at the brightnesse , at the sunne of his countenance : and sees him best after sun-set when he declines the luster of his face : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , his back-parts , Moses saw no more . Exod. 33. 23. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 in the darke , in twilight ; St Paul saw him no clearer 1. Cor. 13. 12. If then Gods essence be of so inscrutable a secrecie , it is but fitting its revelation should be hallowed with mystery . Wherefore Satan ( who was alwaies ambitious to vsurpe and counterfet the magnificence of his glory ) ever hooded his Oracles with the reverend vaile of sacred obscurity . The Priests must interpret what they alone could heare in their secret Adyts : and Sphinx in porticu , the Sphinx painted in the porch , was the infallible Embleme of divine riddles , and holy mysteries in the temple . And in all this Satan is but Gods Ape , arrogating vnto himselfe by a presumptuous imitation , what is only due to the Almighties perfection . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Heb. 1. 1. God spake of old in diuers manners &c. by Dreames , P. Fagius in Exod. 28. by Prophets , and by Vrim ; but all obscure : Vrim requires an accurate observation , Dreames their interpretation , and Prophets their exposition . They were all 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Parables , high Sentences : so the Prophet expounds the former by the latter : I will open my mouth in a Parable , and declare high sentences of old . Psal. 78. 2. Yea and Christ too ( who came after him though he was before him ) preached the doctrine of his Kingdome to the multitudes in Parables , & without Parables spake he nothing vnto them . S. Mat. 13. 13. For as we cannot see the Divinity but only 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , winking and with infirmity , apprehending rather what he is not by the negation of his creatures , then comprehending what hee is by the position of his Nature : so also ( for otherwise then our selues know him we cannot reveale him ) we can only treade vestigia , those footsteps which hee hath imprinted in his creatures , and so , ex pede Herculem , coniecture the brightnesse of the creator , by the glimps of his glory shining in the creature . The divinity which the man heard in the third heaven , were 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , words ineffable . 2. Cor. 12. 4. And the doctrine S. Paul taught on earth contained 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 some things hard to bee vnderstood . 2. S. Peter 3. 16. So transcendent is the subiect , that its expression must needs bee difficult . The chamber of his Maiestie is 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Light inaccessible . 1. Tim. 6. 16. A light that illumines the humble back-standers , and a light that dazels the saucy intruders . The disciples could see . S. Math. 13. 16. The multitudes could not see . vers. 13. Ioh. Maldonatus in S. Math. 18. 23. and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ( saith the text ) therefore spake hee to them in Parables . In all which Parables Maldonate obserues two things remarkable : Partes ad necessitatem , & Emblemata ad ornatum : the necessary parts of which they are composed , and the emblematicall Accident with which they are garnished . The necessary parts ( to instance in the Parable wee haue in hand ) are the Iudge , and the Widow ; without which could not consist in the Parable , the Analogie between them , & God , & his Elect. The ornament are the Accidentall concomitants ; as the City , the forme of the Iudges selfe-communication , & the set composure of the Widowes petition . Which had they beene omitted , yet had not the Parable in its substance beene at all vnioynted . The Parts as respecting the Allegoricall scope we passe by , as not proportioned for this occasion . But stay with me a while ( I beseech you ) vpon part of the ornament , viz. The set forme of the Widowes petition . For , by reason that Quod significativum Dom. à Soto paru . Log. in Significate . est alterius cuiuspiam in sensu tralatitio , primò significativum est sui ipsius in sensu primaeuo ; whatsoever signifies another thing , first signifies it selfe . Nero first expresseth the Emperours person in his owne name , though secondarily any barbarous , or inhumane tyrant . Though this petition in sensu Allegorico , in the Parabolicall scope and figuratiue sense includes the prayers of the Elect to God : yet in sensu Primauo , in its first and literall sense ( saluâ ad Scriptur as sacr as Analogiâ ) without violence at all to holy Scripture , it expresseth what it selfe is : the supplicacion of a distressed Widow for reliefe vnto the Magistrate , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Doe mee Iustice against mine adversary . Evill I know it would agree both with this place and my calling ( Right Honourable ) if I should performe , what some ( I question not ) promore suo , according to their ill wont , may expect , S. Augustin . serm. 36. de verbis Domini in S. Lucam 2. lib. 2. qq ▪ Evangelic . c . 45. in converting the reverend modesty of a Sermon , into the snarling petulancie of a Satyr . The vniust Iudge in the Parable , administers noe matter to cavill against your equity , nor covertly to traduce your vndoubted innocencie : S. Augustine absolues mee from the suspicion , and frustrates their expectation , in his judicious warrant of the Parables interpretation . For the scope of this Parable includes an argument , à Minori ad Maius , or à Dissimili , from the disproportion S. Luke 18. of an vnjust Magistrate to the just God . The gradation is this . If a man sold to injustice and obdurate , hardned in cruelty , yet at length by incessant cries , and continuall suit bee mollified and inclined to lenity , and a iust commiseration of the Orphans misery , and avenge vpon the oppressor , the wrong of the poore orator ; if he , if such , if so bad a man doe so , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , will not God ? The words are equivalent with , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , yea much more will God avenge the cry of his Elect. vers . 8. Let then the sense be ( as we take it ) literall If an vniust Iudge haply vsurping , haply abusing his lawfull power , yet overcome at length with importunity of petitions and requests , doe Iustice to the Widow , and deliuer her from her oppressors ; if hee , if such an one doe it , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 will not God ? will not you who are Gods ? yea 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , much more , will you doe so ; You who are the worthy substitutes of a most Religious , and indeed a matchlesse Prince , who himselfe is the vicegerent of the most righteous God . Dixit Dominus , Dij estis , God hath said that you are Gods , the protectors of his poore , and the Iudges of his people , to whom then but to you , should the Widow cry ? Doe mee iustice against mine adversary .

Concerning the words ( beloued ) poyze them but judiciously , and you shall apprehend a whole court of Assise in the Church , before you come to the Bench. First then let the order of words and construction , giue place vnto the order of Legall processe in trials : and then plainely see Actorem the plaintife in the person of the Widow ; and vnder it comprehend the necessary supporters , Testes or witnesses , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Guli . Bodaeus com . graec . col. 195. lin: 29. ME , doe MEE iustice : In the second place view , Reum , the defendant ; Qui litiganti se opponit , which opposeth the Plaintife ( so Budaeus interprets 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , or Adversary ) and vnder that title againe implie , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the Advocates , counsell , pleaders or defenders of the cause . And when all these haue spoken what can be expected , saue a Verdict from the Iury , and sentence from the more eminent Iudge , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , doing Iustice according to the petition : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 doe Iustice : Loe six requisite persons to this grand-Court in three words are eminent , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Doe iustice ; there is the Iudge , and the Iury : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Mee , there is the Plaintife and the witnesse : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , or Adversary : Ther 's the Defendant , and his causes patrons his counsell . Of these God assisting , and first of the Plaintife and her witnesse , in the person of the Widow , expressed in the Pronoune

ME , MEE .

I beginne with the Plaintife , for indeed shee beginnes the suit , or action : and insomuch as shee is oppressed petitioneth , but as she is a subiect , challengeth the priviledge of Iustice . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Vidua , A Widow though the plaintife bee , yet a naturall liege-woman she is : and our lawes are no lesse comfortable then were Solons , remouing 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the burthen of oppression , from the shoulders of the innocent . If those 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 in the commonwealth of Athens , the Great ones , intruded vpon the aunciently most wretched 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the poore Plebeians right , the Tribunall of Solon was immediatly their Sanctuary : and the glory of his wisdome , was the wisdome of his government : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ; he weighed Iustice equally vnto them all . The honour of great persons might indeed chalenge a reverence ; but in foro Iustitiae , in the court of Assise there was no difference . As the offensiue poore were never pitied , neither were the iniurious Potentates ever priviledged . If then the Widow be wronged , she is priviledged to complaine without leaue : I say no more in the behalfe of the Plaintife , then what a great Iustice , Adrian the Emperour himselfe Pompon Festus de Magistrat . Roman . c. 25. hath taught mee , in the case of the Defendants ; who , craving licence to answere , receaued this answere : Hoc non peti , sed praestari solere , that their petition was frivolous , sith they might demaund what they craved . For indeed that is the armour which God left vs , when he disarmed vs of private revenge . Hee keepes that to himselfe : vengeance is mine saith the Lord . Deut. 32. 35. But liberty to complaine hee grants vnto vs : When they haue a matter , they come vnto mee , saith Moses Exod. 18. 16. yet though God giues vs leaue to complaine of our oppressours , hee doth not grant vs liberty to bee Baratours against our neighbours . An humble Plaintife , is a terme expressing an injured innocency : but a common quarreller , or accuser , a note of infamy . Abel was a Plaintife : Clamavit vox sanguinis , &c. The voice of thy brothers blood cries vnto me Gen. 4. 10. But the Divell himselfe is no worse then a common sute-monger : 't is one of his hatefull names ; 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , The accuser of our brethren . Rev. 12. 10. Two things therefore Pyrrh . Pe●ottus in Mart. Epigr. lib. 1. Epi. 10. Col. 639. lin. 53. Ioh , de sacra quereu . in verb. obsolet Iouo . Guli . Lindwodus provin . constit . tit . de consuct . cap. statutum est . §. quod si duo verb vidua . are to be enquired in the Widow complaining . 1. whether she bee 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Vidua , a Widow at all , 2. whether shee be 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 a Widow indeede . For the first then , if wee examine the Quid nominis , the definition of the Latine name , from that Etymon wee shall easily expresse the nature of the thing . Vidua quasi a viro idua , from Iduo ( Hetrusco verbo ) an obsolete word , for which both Gellius and Varro are quoted authors ; signifying to divide , separate , or part . So that Vidua is mulier a viro iduata , a woman separated from , or deprived of her husband . And such a one , if a Widow at all , must the Plaintife bee , one so within the virge of the Iudges dominion , that shee is S. Gregorius in Deut. 23. si ▪ intraucris segetem . &c. vtterly destitute of all other protection . For else if his tuition belongs vnto anothers iurisdiction , Quis te constituit Iudicem ? Who made you a Iudge there ? Falcem iudicij mittere non potes in eam rem quae alteri videtur essecommissa . S. Gregory determines it a main errour in Iudgement , to put a sickle in another mans harvest ; to wrest and scrue that cause vnto a lay inquisition , which properly pertaines to the ciuill Iurisdiction . The plaintife here is no widow , no , no more than that wife is , a wdow which is not forsaken , but forsakes her husband . A protectour she hath , but shee reiects his aide ; and a Widow if shee seeme to be , shee doth indeede but seeme so to be ; or at least 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . 1. Tim. 5. 6. a lasciuious widow shee is , who delights , as in multiplicity of courts , so in plurality of husbands ; and so can never be , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , a widow indeed , 1. Tim. 5. 3. which is the second quaerie . And here againe the Apostle helpes vs . For 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , a widow indeede , is expressed by 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 vers. 5. that is , desolate , or left alone : and is farther noted in the same verse by workes of piety . So that , to make the Plaintife , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , a widow indeede , two things againe a re requisite : a desolate Pouerty , and an oppressed innocency . For Poverty of it selfe alone as a Species of misery , is the obiect of compassion and mercy . Misericordiae sedes Miseria est : St Bernard tels vs , S , Bernardus de conuers , ad Clerum . cap. 10 , that mercy lookes not so much vpon what is vniust , as vpon what is vnhappy ; but Iustice on the other side takes little or no notice of generall calamity , and wholly fixeth its vnpartiall eye , vpon an indifferent equality . So that misery in its community , as not pertaining to Iustice , is only the motiue , and Obiect of mercy : but where calamity complaines of oppression , there euen Iustice hath bowels too ; and with mercy to the innocent avengeth in equity . Thus the poore in the eye of Pitty , is in generall every one that wants : but the poore in the sight of justice , is hee & only he , that wants his Due . So that oft times the rich man becomes the Widow ; and a poore snake of farre meaner fortunes , is justly intituled the oppressour . For in the estimation of Iustice , he only is the Widow , not which hath the least estate , but the most wrong . If therefore the Plaintife be an vniust caviller , hee does but vsurpe the widowes place ; he is not so , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Indeede . And then though his misery pleade never so pathetically for Pitty , yet Suâ sponte se obstringens sceleribus , Philo-Iudaeus lib. de officio Iudicis . non infelix , sed iniustus censendus est ( saith Philo ) hauing both voluntarily , and vniustly accused the innocent , he is not so much to be commiserated , because vnhappy , as punished because vnrighteous . And therefore God himselfe excludes his poverty from mercy , Thou shalt not esteeme a poore man in his cause . Exod. 23. 3. As then the Widow indeede is to be relieued , so the counterfeit petitioner is to bee reiected . 5. Thom. Aquinas . 22. q. 68. art. 4. The schooleman alots a Talion for the one , and that from the great Bishop Adrians decree , qui non probaverit quod obiecit , paenam quam intulit ipse patiatur : let him that accuseth , and cannot proue what he suggests , vndergoe that punishment , which the defendant should haue suffered , if the suggestion had beene proued . A iust sentence no doubt it is , as well in controversies , as criminalls . And to this end wisely , Guli . Postellusde Magistrat . Athen. c. 1. though more gently did the Athenian Magistrates demande 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ab Actore & Reo : Mony-pledges proportioned to the quality of the cause , from both demand , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ab Actore & Reo : Mony-pledges proportioned Guliel . Poste● lus de Magist . Athen. cap. 7. to the quality of the cause , from both the Plaintiffe , and the Defendant , at the beginning of each suit . Vt qui causa caderet , &c. saith my Author , That he which after the triall , was cast , might by this over plus of losse , be taught never after , saucily to trouble the Iudge , or perversely to molest his quiet neighbours with causelesse suits , or frivolous complaints . And againe , the Apostle prescribes an honour to the other ; 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Honour those that are widows indeed . Honour them with the honour from the husband due vnto the woman , the honour of Protection ; So the wise man counsels in the widowes , in the Plaintiffes case . Deliver them that suffer wrong from the hand of the oppressour : and bee not faint-hearted when thou iudgest . Be as a Father vnto the Fatherlesse , and as an Husband vnto their Mother ; so shalt thou bee as the sonne of the most high , and hee shall loue thee more then thy mother doth . Ecclus. 4. 9. 10. Obserue ( I beseech you ) the vnparalleld reward of Assimilation . In being tanquam Pater , as a Father to the poore , they shall bee sicut Filius altissimi , as the Sonne of the most High , who is the Father of the Fatherlesse , and the ludge of the Widowes . Psal. 68. 5. And so I descend vnto the second part of the Assise , contained vnder the Widowes Title ,

Testes : the Witnesses .

All Demonstration , and consequently all perfect knowledge , we must confesse to be Derebus necessarits A●●…t . Postet . Anal. lib. ● & aeternae veritatis ( as the Philosopher instructs his schoole ) about those things which are in themselues of an invariable constancie , and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , or materialls in propositions of eternall truth , and consequence infallible . So that in those things , without the ayde of externall information , reason can easily conclude the necessity of the effects and acts , from the constant influx , and vnchangable operation of their cause . But in all free Acts ( and such are all mans Actions ) there is such a variable contingencie , that a certain knowledge of their particulars can never bee attained , themselues continuing Pro libitu for ever so vncertaine . Things that must be done , all men may knowe ; but to those things which either may , or may not be done , only the Actors , in whose liberty they are , are conscious . Wherefore ( because of all humane actions , about which Iustice principally is conversant , there can bee in the Iudge no certaine knowledge demonstratiue ) God , for the better processe of equity and right , hath allowed 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , a kinde of notice of their outward Acts , from the probability of externall testimonie . There is indeed aboue every man , Test is intuens , a great and cleere-eyed witnesse that viewes the heart and reynes , and fore-sees our secretest actions before they come to Act. And there is too in every man , Testis internus , an inward witnesse , which wee can no more eschew , then we can runne from our owne selues ; That Conscientia , that intimate & ioynt-knowledge , or conscience of our Good or Evill , so soone , yea in the first instant it is done : And these two commonly , though they knowe most , speake least : God of his mercy forbearing , & Conscience bridled by him ( in whose liberty for a time it is ) for that time not openly convincing or accusing . But the third witnesse is Extra Hominem , without the man : who , because the spirit of man is onely conscious of what is in man , ( according to the Apostle ) can ingender no certaine knowledge in vs , but a probability of truth by his accusation ; God frequently expresseth this his knowledge , in Vindication ; conscience hers , in Confession ; and our neighbour his , in Accusation . God from his most infallible science , both accuseth , so he did Ely . 1. Sam. 2. 29. and condemneth , as in the blaspheamers case , Levit. 24. 14. and avengeth without either accusation , or conviction . For first hee punished Israel , and after told the cause , Iosh. 7. 11. Then conscience is the best evidence next God , and both accuseth , as S. Iohn . 8. 9. and condemneth . Rom. 14. 22. But the outward witnesse , the neighbour , onely can accuse . So then , God is Witnesse , Iury , and Iudge ; Conscience , Witnesse and Iurie ; but Man , the witnesse S. Th. Aquin. 2a 2ae . q. 70. art. 2. only . Wherefore , because the witnesses accusation , as being most infirme , breeds onely the vncertaine evidence of probabilitie , God gradually betters and confirmes the truth of this probability , by the persons multiplicity . If one onely accuse , and one defend , it is probable the defendants answer may be as true as the Plaintiffes objection : but if two , or more witnesse , and but one deny , the probability inclines to the part of the plaintiffe . Wherefore , at the mouth of two or three witnesses shall the matter be established . Deut. 19. 15. Two or three witnesses , saith the old Testament , in the generality of cases ; and two or three witnesses , saith the new , in an Elders accusation at the least , 1. Tim. 5. 19. And sure I am , that if one had serued the turne , Susanna , who is now so celebrated for her vertue and chastitie , had for her goodnesse died , branded with the disgracefull note of sinne , and advoutries . One man hath but one soule ; and therefore as conscious of his owne thoughts , may bee irreuelably constant to his own villanie : but two or more men haue as many soules , and those soules , as diverse thoughts , & those thoughts , as various expressions . So that what one falsely averres for truth , the other as ignorant of his thoughts , may contradict . For if both those witnesses against Susanna had had but one soule , and had consequently beene conscious each to others thoughts , both surely would haue stood to one tale ; and the second would never haue called that a Prime tree . Dan. 13. 58. which the forme had before averred to be a Lentiske . vers. 54. And therefore One witnesse shall not testifie against a person to cause him for to dye , saith that first , greatest , & justest Law-giuer , The Lord . Num. 35. 30. It is a Negatiue Sr Walter Raleygh hist. of the world , part. 1. lib. 2. cap. 4. §. 16. precept which in Morals bindes Adsemper : and the Author of our English History of the World , quotes Fortescue , speaking of a great Iustice an acquaintance of his , who kenned well enough the common distinction , of a generall inconvenience , & a particular mischiefe , yet confessed vnto him , that vpon the conscience of omission of this negatiue precept in one case of life , he bare ( I may say what himselfe confessed ) the guilt , & consequently the trouble to his graue . But all this we passe vnto the discussion of the Schooles ; only this caveat let me leaue to those it may concern , That he who carries his neighbours life , and fortunes , on so ticklish a point , as the tip of his tongue had need be another Cato , & vndequaque rotundus , a very perfect honest man . Or if one witnesse be good , which in some case , and especially when the defendants evill life is an evidence against himselfe , I may not altogether contradict , as perswading obedience to the Law ; yet this I may be bold to say without the least suspicion of a crime : In this case , if in any , Two are better then One , Eccles. 4. 9. But a threefold cord is not easily broken , ver. 12. From the quantity then of the Witnesses , if wee descend vnto their quality , wee shall easily obserue , that their testimony onely ingendering a probability , ( as you haue heard ) whatsoever defects may impaire that probability , detract , by consequent , from the evidences sufficiencie ; As the defect of reason in children , mad , or distempered men , inferres a probability , that their evidence is but vanity . And againe , the defect of moderation in his passion or affection , makes an enimy iustly suspected of malice in his accusation . And if I should say , that a moderate respect ought to bee had to the Mercenary basenesse of the penurious , and the both fawning & revengefull nature of the servile persons Thom. Aquin 2a 2ae . q. 71. art. 3. 4. Boetius de consol . Philos. pros . 4. condition , I could both vrge the Roman Laws for my defence , and the Schoolemans Thesis , together with Boetius his complaint , for my protection . Si minus accusati innocentiae , at accusantium vilitas pudori esse debuisset . If Theoderick would not be perswaded that the Defendant was innocent , yet well might he haue blushed at the basenesse of the complainant . And indeed if wee doe but looke into our owne Courts of Iustice , we may two plainely ( God knowes ) conclude , that it is not so rare for men of meane condition , to be Mercenary in this accursed kinde ; when we so daily behold the fraternity of the Post , who almost hourely in their seasons , make no bones of morgaging their soules to be knighted of the Divell . A knighthood they call it , ( wretched Caitiffes as they are ) and indeed it wants not some ensignes of the order : for their Periuries are their Spurres , which prick their guilty soules Post , Post hast vnto Hell . I passe by the infidelity , and infamous course of life in the witnesse , both impairing his evidence in the iudgement of the meanest Iurie . But let these mercenary perjurers to their terrour knowe 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Hesiod . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 He that sweares false hath a sharpe tongue , that with one word murthers his neighbours body , & Plato de Legum Iatione . dial. 6. his owne soule . Morte plectatur , was Plato's sentence , Let him die the death ; But Gods iudgement of Talion in parity of case is juster , though not much easier , Doe vnto him as he thought to doe vnto his brother , Lev. 19. 19. 'T is worthy the observation , that , notwithstanding by Vrim and Thummim , Exod: 28 , 3. the generall Philo Iud. de 10. Praeceptis . streame of Interpretors construe Light and Perfection ; Yet Philo Iudaeus renders them , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Truth and its manifestation . For indeed , Truth is Light : and he that was the Light , S. Iohn . 8. 12. Was the Truth Horat. carm. lib. 4. od. 9. too ; cap. 14. 6 Now , Paulum sepultae distat inertiae Celata virtus — valour without expression , hath no more honour then sluggish dastardy : and A simili , Truth , that is silent , looseth its owne , both reward , and beauty . No man puts a candle vnder a bushell , S. Matth. 5. 15. Manifestation then , is Perfection too , Truths perfection : and witnesse is no more then Manifestation , in Salv. de guber . Dei , lib. 2. Salvians opinion ; Testimonium esse dicitur , quo rerum veritas approbatur ; Evidence is nothing but an approbation of Truth . So that in Aarons garment , God made expression of his loue to Truth , and her manifestation , placing them in Loco Sacerrimo iuxta pectus Philo Iud de 10. praecept . ( faith my Author ) vbipars animi est , qui principatum obtinet ; vpon the most sacred part of that Hallowed person , and the chiefe mansion of his soule , his Breast , as the most pretious ornament , and most proportioned to that part , which aboue all others is esteemed most precious . Heare therefore and tremble , who ere thou art , that hast whetted thy enuenomed tongue with falshood to thy brothers prejudice ; learne , I say , with trembling whom thou hast grieuously offended , and whom therefore thou must answer in the most dreadfull Isid. de summo bono . cap. 59. day of the last iudgement . Isidore tells thee thou must answer three : Deo , quem contemnis ; Iudici , quem decipis ; Innocenti , quem laedis : Thou must answer God , whose ninth great Commandement thou hast violated ; Thou must answer the Iudge too , whom by thy falsehood thou hast deceaued , and thou must answer thy innocent Brother , whom by thy calumny thou hast wounded . But when Periury is added to thy Philo Iudaeus de 10. praeceptis . Plutarch . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Lie , Scelus prorumpit ad impietatem ( exclaimes Philo ) Sinne breakes forth into shamelesse impiety . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , &c. Pericles loued his friend withall his heart , and was his servant too , Sans complement , in what he might , to be commanded ; yet this friendship had an honest limitation too : 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : you shall giue him leaue to loue God best : hee will bee a friend vnto his friend ; but not periured for him , no nor for his owne father . Erubesce Christiane , Blush O thou Salvian ▪ de Gubern ▪ Dei ▪ lib 4. false Christian : This Infidell , this Heathen man in reverend Salvians iudgement , is better farre then thou , Qui sub tam magnae professionis nomine vivis , & positus in religione peccas . He never heard the precepts of the Gospell ; thou art taught them : Hee never saw the Law of Life ; but thou hast read it . In the midst of life thou art in death . Perdidisti vim tantinominis , Thou hast lost the glory , the weight of so great a name , as Christian ; Ezek. 18. 21. 22. and art worthy to be beaten with many stripes , S. Luk. 12. 47. Who ever thou art therefore that hast offended , knock thy breast , and petition with the Publican for mercy . At what time soever , &c. Ezek. 18. 21. Remember the rest , and despaire not of remission . But Thou whose purer soule is cleare from this offence , this bloudy crime , goe on in the peace of God , and good luck haue thou in the name of the Lord . Speake the troath , and so honour God : speak the whole troath and so preserue thy hurtlesse neighbour ; and speake nothing but the troth and so help thee God . Make not a lye of nothing , as did the sonnes of Belial ▪ against guiltlesse Naboth . 1. King . 21. 13. Make not a lye of the truth , as did the witnesses against our spotlesse Saviour , Matth. 26. 61. This man said , I can destroy the Temple of God : and build it againe in three daies . For truth it was indeed that he did say , Destroy this Temple , and in three daies I will raise it vp againe , St Iohn . 2. 19. Yet were those witnesses by the infallible testimony of the holy Ghost 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , False witnesses . Mat. 26. 60. And S. Origen . S. Chrysostome . S. Hieron . Beda . Theophylact . Euthym. &c. Fortescue lap . 53. for their falshood , three reasons by the Fathers are alleaged . First , because they gaue their evidence Malo animo , with a malitious intent , and for reward , and not for manife station of the Truth , & benefit of the common wealth , which was evident by their long concealement . Secondly , they did it Alijs verbis , in other and not the same words which he spake himselfe , as by comparing places may appeare . Thirdly , and principally , they did interpret what he said , Diverso sensu , in another sense then that which himselfe meant , which is the greatest injury of all . For in the order of Nature , Eius est exponere , cuius est componere : Words are but the signes of thoughts , and hee that speakes them , knowes his owne thoughts best , and therefore in a rationall consequent should be his owne interpreter , as best knowing to expound them truest . They expound his words of the great Materiall Temple of Hierusalem , but he meant them of the Temple of his Body , Iohn . 2. 21. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , therefore , False witnesses they were ; and so are all such as doe the like . But punishment hath overtaken them ; Gods vengeance sticks fast vnto them ; they are ceased from being a nation , and according to their desperate imprecation , St Mat. 27. 25. The better part of this two thousand yeares , His blood hath beene vpon them and vpon their Children . Nor need we wonder , for otherwise it could not bee . The wisdome of God hath spoken it , A false witnesse shall not be vnpunished , and he that speaketh lyes shall not escape , Prov. 19 5. Long ( Beloued ) I knowe I haue insisted vpon this Point of the Witnesses , and not without some cause . For the most instructions belong properly to those who are the Keyes of all controversies , opening or shutting at their own consciences direction . Now the Defendant , I knowe would haue his place too ▪ but seeing the time hastens Vs , and wee haue beene busied so long about the Plaintise , as in course of Law hee answers by his Counsell , it will not bee amisse if in the processe of this discourse we comprehend him in his Counsell , Pars 2. D. Th. Aquin. 2a 2ae . q. 69. art. 1. 2 , 3. 4.

〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : From my Adversarie .

A long thread we might easily spinne , if wee intended to weaue the Schoolemans webbe in the enquiry of the lawfulnesse of the Defendants selfe-protection by Falshood , Calumny , App●ale , or open Force , all concluded vnlawfull in some case , as repugnant to the ordinance and glory of God . The time therefore preventing any long discourse , and Your weighty affaires calling to the Practick part of what in this place you are to learne , as in the Texts division we intimated the Counsell vnder the Defendants title ; here verso ordine , wee will include the Defendants instruction in his Counsell , or Advocats . Whose right of living by their D. Th. Aquin 2a 2ae . q. 71. deseruing Faculty , was never yet in my small reading called to question , saue by the Schooleman , and that for no other reason , than that ( for which all truth is questioned ) S. August . ad Maced . its farther illustration , S. Augustine yeelds , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 the Honour of maintenance , as well as to any , to their lawfull calling ; neither can the honour of Reverence bee by any meanes denied , which all nations Aeschin . cont. Ctesiphont . haue iustly pay'd to their protecting Advocates . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 the Orator stiles them , the Guard and Armie of defence vnto their Clients : and therefore in my iudgment , that Lex Cincia Muneralis , the Law that M. Cineius preferred amongst the Romanes , cutting from Counsellours their lawfull Fees , argues the Law propounder himselfe to haue had but a gouty fist . Mart. Epig. Nil patrono porrigit , haec Chiragra est . Surely his fingers ioines were knit with that covetous discase , that he could never open his hand with a reward of gratitude , to his protecting Advocate . S. Augustine with a more impartiall sentence , both decrees to them , and S. August . ad Maced . confines them to their due . Extorta per immoder atam improbitatem repeti solent , data per toler abilem consuetudinem non solent . What injuriously they exact , they are bound to restore ; but what iust custome allowes , they may with conscience receaue . Our Sav ours determination is Indefinite & Equipollent to an Vniverfall : Iuv. Sat. 1. The Labourer , that is , Every Labourer is worthy of his hire , Luk. 10. 7. Labour then they must , they must plead , as neither mute for feare , Vt. Lugdunensem Rhetor dicturus ad aram : For so through the impotencie of his cowardly passion , he betrayes the iustice of his Clients actions : nor silent for reward ; for indeed Plu●●… that blind mony-monger , hath too oft an imperious power over an orators tongue , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Aristoph . in 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . So the Comedian expresseth it : He so stops and bungs vp his mouth with a morsell of clay , that there is not a cranie left for a sentence to crowd forth to the defence of the Innocent . Speake then they must . And then againe , two things let them seriously obserue in their office of pleading , and so shall they well deserue the Labourers hire ; & as an overplus of recompence , merit that Grande 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 or generall approbation of all their Audience . Now because , Oratoris virtus Plato in Apolong . Socrat. est vera dicere : An Orators best eloquence in Plato's iudgement is to speake the truth , these two things are requisite . First , That they speake that Truth , Substantially : then , That they speake it Syncerely . In a word , That they deliver it with a good tongue , and from as good an heart . To render the truth Substantially , is to speake it plainely and succinctly , or briefely : neither trifling away the Iudges time , with too long , or too impertinent enlargements ; nor preoccupating hiseares Gasp . Contarenus de Venet . Repub. lib. 4. with tinfoiled , or gilded sentences . In the Veneti●● Iudiciarie Courts of Controversies , a certaine time is limited to the Advocates , Vltra quod orationem protendere non possunt , ( as a Gentleman of that City testifies ) which by Law they can in no case exceed . Hee that speakes Truth , speakes enough in two lines : Sed tu , Gosconi , Mart. Epig. dis●ica long a facis : But how many are there in our lists that are too too tedious in but two lines ? Philem. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . A whole volume of solid expressions never wearies the hearers ; but nothing to the purpose is tedious , though but two words . If then a word be so tedious , sure many of those impertinent scroles are burthensome vnto excesse , that in a whole Centurie of lines containe nothing pretious saue their price , which ( God knowes ) so wrings the poore petitioner , that so long as hee liues after , hee hath experimentall cause to approue our Saviours counsell , as well in common Politie , as Divinity : Agree with thine Adversary quickly , Mat. 5. 25. No bauling * * Act. 2. 24. Guil. Postel . de Megistrat . Athen. cap : 4. Tertullus could be heard of in Athens , where their honest proverb , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , as mute as a Lawyer or Iudge , condemnes many of our Pleaders importunity , in the proverbiall protestation of theirs , at least the Iudges ( their examples ) Modesty . Gasp . Contarenus de Rep. Venet. lib. 3. Brawlings at the barre are disproportioned instruments of peace ▪ Nam qui maledict is indulget , potius inimici , & pravi hominis officium facere , quàm Reipub : causam agere videtur . Contarenus of Venice justifies , that malignant words from an impotent , and passionate Advocate , are a pregnant witnesse that hee forgets his office , which is by manifestation of Truth to advance Peace , not by contentious tearmes to kindle strife . The Second requisite is to speake Syncerely , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ( so did the Athenian Baristers ) neither decking a bad cause with Rhetoricall flowres , nor procuring a perverse , and vniust pittie to the oppressour , by patheticall , or passionat expression . For the iustification of the wicked as much as the condemnation of the Iust , is an abomination to the Lord , Prou. 17. 15. Againe to speak syncerely , is to speake Down night ; without either vaile of Hypocrisie , or squint eye of prevarication : which we doubt not but too many glance , their faces turned towards their Clients , but their eyes bent backe vpon themselues alone , whilst they seemingly plead the Widowes cause , but without satiety gape at their owne Iucre , worshipping their God , as the Ephesians did Diana , Act. 19. 24. Then best when they see him in a : silver shrine , and then are they easily seduced to mistake the Divell for God , when hee transformes himselfe into the shape of an Angell , 2. Cor. 11. 14. These be those Iuris Coctiores , insteed of doctiores , ( so the Comedian Plautus in Paenulo . Act. 3. Scaen. 2. facetiously mistakes ) qui lites lites creant — & si nihil est litium , lites emunt : those Non-proficients in the Lawe , who patch vp their trewantly insufficiencies with dishonest quirkes , and progging subtilties : boyling , as it were , their own inventions to maturity of cunning , & mixing potions of fraud . Baratry , to protract old , or forge new questions and suits among contentious neighbours . Potions they are , like those of Circes , metamorphosing Homer . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . Men to Beasts . And Pottage if they bee ( for so the Poet by Iuris coctiores , meanes ) sure I am , they are as deare as Iacobs : and he that sups them hath the better fortune , if he buy them not at as deare a rate as did Esau his messe , at the price of his Birth-right . But let them that vse this art of confection bee circumspect : For this is that subtilty which is fine , but vnrighteous : and these are they that wrest the open , and manifest Law , Ecclus. 19. 24. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Philem. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . The Heathen saith as much : Fraudulent Pleaders are the disgrace of their worthy profession : and are indeed no Lawyers , but their enemies ; wresting by the secret violence of their too fine subtilty , that Law , which They defend and keepe inviolate ▪ yea , & therefore , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , &c. Woe be vnto you Lawyers ( I meane those who are such ▪ for yee lade men with burthens grievous to be borne , and you your selues touch not the burthens with one of your fingers . S. Luk. 11. 46. Dixit . The Orator , Defendant , or Advocate hath done . The Iuries verdict , & the Iudges Sentence are the next . They are but short : so shall be their Discourse .

Pars. 3. Iuratores . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : Doe Iustice .

The Iury haue their name , and denomination from their Oath : and therefore as often as they are called by that name , so often are they put in minde of that bond betweene God , and their ownesoules , being Viri iurati , sworne men . The weight & obligation of that oath , with the fearefull punishments inflicted on Blaspheamous wretches , for this guilt of periurie to the preiudice of the innocent , I could willingly to my power expresse , did not the time prevent . Something I haue said thereof in the witnesses discourse ; all which if you remember not , yet keepe in minde ( I beseech you ) this one menace of the Prophet ; I will come neere to you in iudgement , & will be a swift witnesse against your Soothsayers , and adulterers , and against false swearers , and against those that wrongfully keepe back the hirelings wages , and vex the widowe and the fatherlesse , and oppresse the stranger , and feare not me , saith Dominus exercituum , The Lord of hoasts , Malach. 3. 5. Remember this denunciation of Gods iudgement against your selues , if you faile in your dutie herein , and feare : For it is a fearefull thing to fall into the hands of the liuing God , Ex Varrone Hotoman . in com . in orat . Cic. pro Q. Roscio . Heb. 10. 31. But from this Denunciation , I passe vnto the last and greatest part of this Assise ; The Iudge : who , as the Iurie receaue their names from their Oath by which they are bound , takes his also from the Law by which himselfe is guided . Iudex the Iudge ; a compound of two languages , Ius , & 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ( as my Author , none of the meanest Criticks , will diduce it ) intimates a necessary respect from the Iudge , vnto the Law , which he receaues from a superiour Magistrate , as his rule and Iudge Hutton at Okeham Assises . square : on which I haue heretofore , before one of these Right Honourable Iudges , in another place vpon the like occasion , more largely discoursed . When also some precepts , Ex officio , I rehearsed , deriued from the book of God , concerning the Iudges office , notwithstanding I did not doubt that his , as now both your wisdomes , might prevent the necessitie of my instruction . Yet giue me leaue , Right Honorable , this once againe to cast my Mite into your Treasury , remembring too that it is the Widowes Mite ; whose petition this day I doubt not but you will respect : that as you imploy your fiue talents to a greater increase , I also may in some sort too husband the but two committed to my charge , to both yours , and my great Masters glory . I remember I haue read that Themistocles compares the Magistrates office , to a skilfull Musitians art : who must in his song , be ruled by his measure : I remember his application too , but willingly omit it , because I had rather approue and follow the Prophets , then his ; who being a Magistrate as well as he , calls it a song too , and that composed of two sweet ayres ; Mercy , and Iudgement , I will sing mercy and iudgement , Psalm . 101. 1. And every Iudge that will be Davids like , must caroll the same tune , if ever he meane to be a sweet singer in Israel . Now in the song of Iudgement , two Straines are of a transcendent Harmony , Equality , and Purity . The one excludes acceptation of Persons , the other of Rewards . Against violation of the first , God himselfe giues an expresse command : Thou shalt not favour the person of the poore , nor honour the person of the mighty , but thou shalt iudge thy neighbour iustly , Levit. 19. 15. And against transgression of the second , even morall heathenish politie hath in all ages been especially provident . Witnesse the Magistrates oath at Athens administred to him for more caution , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , once every Xenoph. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , bib. 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 Guil. Postell . de Magist . Athen. c. 14. month : And againe their 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Magistrates of account for the administration of Iustice at the Session of each Iudge in the period of his deputed time the publike Crier openly proclaiming , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , If any man could accuse him of iniustice in the time of his commission , Aeschines in orat . contra Demost . & Clesiphont . he should be freely heard . And in the Commonwealth of Israel , Samuel ( in whose ever blessed & memorable integrity may all our Samuels , Iudges , and Magistrates depart ) provokes the people to the triall of himselfe . Behold here I am , beare record of me before the Lord , and before his Anointed : whose Oxe haue I taken ? or whose Asse haue I taken ? or whom haue I done wrong vnto ? or whom haue I hurt ? or of whose hands haue I receaued any bribes , to blind mine eyes with ? and I will restore it you . 1. Samuel . 12. 3. And the people as freely acquit him by a generall voice ▪ Thou hast done vs no wrong , nor hurt vs , neither hast thou taken ought of any mans hand , vers. 4. As for the song of Mercy ; God forbid our Lawes , our Christian Lawes should be of Dracoes Crimsen die : Non atramento scriptae , sed humano sanguine as not written with Inke , but mans blood . For two things to all , both wise , and good men , Aquin. in Boet . de consol . Philos. pros . 4. are especiall Motiues to compassion and lenity ; Metus ignorantiae in Iudicio , & incertus eventus humanae fortunae . Feare , least they should erre in iudgement , and so though vnwittingly , staine their soules with the blood of the innocent : : and Doubt arising from the vncertainty of all humane frailty ; to day glittering on the Pinacle of honour , and to morrow sinking in the gulfe of wretchednesse . For then must you onely expect what your selues vpon others in your prosperity bestow : Blessed therefore are the mercifull , for they shall obtaine mercy , S. Matth. 5. 7. Come then , O come yee Iudges of the earth , come before the presence of the Lord with a song , with a song of Mercy & Iudgement : With a song of Pitty , & Equality , mixing the Widows threnes , her mournful dities , with your sweeter notes , & tuning & reducing to melodie , her harsh laments , by your harmonious skill in Doing her iustice against her enemie . Which if without Hypocrisie or Prevarication you performe , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , shall not God ? shall not the Iudge of all the World doe right ? Gen. 18. 25. Yea , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , much more will God respect your cause , when in that dreadfull Assise , at the last iudgement , both your , and all our soules , all naked , shall bee summoned to appeare , and stand before his Tribunall , at the barre of his Iustice , as poore guilty Defendants , trembling and shiuering , guarded by thousands , & ten thousands Angels : Satan our Adversary accusing : our transgressions witnessing : our consciences convincing : and God himselfe an angry Iudge , without the Mediation of our but one only Advocate Christ Iesus , irrepealably condemning . 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ! O God , how fearefull would that iudgement be , did not that Advocate assist vs most vnthankfull Clients , satisfying for our transgressions , & interceding for vs to that Iudges Mercy ? To Thee therefore O powerfull Advocate wee call : To Thee , O blessed Mediatour we direct our crie ; not in the Widowes petition , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Doe vs iustice , for then our portion should be in the fiery Lake : but in the guilties supplication , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 ; Doe vs mercy O Lord , Be mercifull vnto vs against our adversary : and in the Houre of death , and in that day of Iudgement , By the mystery of thy holy Incarnation , by thy holy Nativity , and Circumcision , by the Baptisme , Fasting , and Temptation , by their Agonie bloody sweat , by thy Crosse and Passion , by thy precious Death , and Buriall , by thy glorious Resurrection , and Ascention , & by the comming of the holy Ghost .

Good Lord deliver vs .

That so in the company of thy Saints Elect , wee may sing a new song , a song of Mercy , and a song of Iudgement ; a song of Thanksgiuing , and a song of Praise , Hosannaes & Haliluiahs to thee O blessed Lord God , with the Father , and the holy Ghost , in the fulnesse of Ioy for ever more . AMEN .

〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 . AMEN .