THis Text may perswade you , I am making towards Persia , to see the King banqueting with his Peeres . A sight as well worth your notice as my paines . Let your thoughts but accompany me , I will vndertake to shew you Ahasuerus , whom a a Ioseph . Antiq. Iudaic. lib. 11. cap. 4 1. Esd. c. 3. Iosephus and others call Darius Hystaspis , sitting in his royall palace ; where ( that Persicus apparatus ) his stately complements in entertaining his subiects , prooued him not more a Prince then a Persian . Such was wont to be the port of that nation , that they would surpasse other Countries as well in magnificence as dominion . Insomuch that one b b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In hist. à Photi● excerptis . Ctesias and Dion deliuer in their histories ; that the King had at meales 15 thousand a day in his Palace . Now to make vp the solemnity of those meetings , Ahasuerus invites the Queene his wife , that her comely presence might adde glory to his Festiuals . But we finde in the Text , shee refused to come at the Kings command . Serarius the Iesuite ( an enimy to Kings prerogatiues by his profession ) hath the face to approue her disloyall action ; and taxeth our Brentius for disliking her palpable disobedience . But hee whose soueraignty might haue made his word a law proceeds against her , not after his priuate humour , but according to law . To which purpose hee appeales to his Iudges ( fit oracles for a King in execution of iustice ) and referres himselfe to their advise .

What shall we doe vnto the Queene Vasthi according to law ?

Wherein is set before vs , 1 An offender to be adiudged ; The Queene Vasthi . 2 Deliberation before iudgment ; What shall we doe ? 3 The level and rule of iudgment ; The Law . What shall wee doe vnto the Queene Vasthi according to law ? Beginne ( I pray ) with the party to be sentenced , the Queene Vasthi . Quaeres about this woman could make me out-runne your attention as far as some in this point doe their reason . But I omit scruples concerning her person , & content my selfe with the evidence of her condition . The Text is manifest shee was the Queene .

Could any thing priuiledge disloyalty toward Kings , eminence and alliance might be faire pretences : but neither of these could yeeld her aduantage . The reason is prest by one of the Iudges in the 3 next ensuing verses . In effect it is this . The offence of the Queen an eminent person , would become exemplary , therefore must be censured with the greater seuerity . Such is the seruile basenesse of our disposition , that sinne it selfe shall not want imitation . Nay c c August . de pec . meritis . cap. 1.2.3 . St Austin tels vs , it was once the opinion of the Pelagians , That only imitation is the cause of original sin . That Father did not , and I dare not , yeeld to them for originall ; but I may safely for actuall : especially for those offences , which gaine countenance by a great ones practice . Nay , 't is sometimes in fashion , to take the resemblance and patterne of a naturall imperfection . d d Tull. de oratore lib. 2. Imitari etiam vitia voluit : Let Caius Fimbria but speake clownish , 't is hard but some Fusius will take vp his language . e e Plutarch . moral . Aristotles authority , and Plato's estimation , can make sects of crump-backes and stammering tongues . 'T is the vnhappy priuiledge of greatnesse , to warrant both their own and Natures errours . Hence it is , that so many vnaduised idiots borrow their just ruines , taking vp crimes on trust , that they may perish vpon credit : for such are not swayed by reason so much , as by opinion . Let an admired Pharisee but say , CHRIST ought to dye ; the vulgar dare blaspheme themselues to hell for his company , f f Acts 7.51 . As your fathers did ( said Steuen in the Acts ) so doe yee : you sinne by prescription , and haue authority for your damnation , Habet aliquid ex iniquo omne magnum exemplum , &c. As Cassius hath it in Tacitus . The example of great ones , doth wrong to all sorts . It teacheth the good to be euill , and the euill to be worse : for the lustre of their eminence adornes the deformity of their offences ; and cheates the world with the faire garb of their persons ; especially being beheld by such partiall eyes , as cannot discerne the truth of things from their appearance . When a pesant meetes luxurie in Socrates gowne , he dares to be such , hauing so faire a cloake for his sin . Aske but g g Tert. Apol. Tertullian or h h Aug. lib. 2. de ciuit Dei . cap 7. Austin , their censure on the gods of the Heathen ; they 'l tell you that no men were more incestuous , then they that were taught by their Iupiters practice . i i Ter. E●… . And that wretch in the Comedian , would take leaue to sinne vnder his protection . What ? Iupiter memorable for fornication , and I so chaste , being but a silly man ? Ego homuncio non facerem ? Thus euery slip is a crime in a Leader , since it doth become a rule of errour . If a meane one offend , his sinne is neglected as much as his person : but the supposed wisedome , grauity , and justice of superiours , win credit to their vilest actions . Well then might judge Mines in k k Lucian . dial . mort . Lucian , acquit Sostratus on this condition , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , See thou teach not thy offence vnto others . l l Cyp. epist. 2. Scelus enim non tantum geritur , sed & docetur , saith Cypr. for such as these doe not so much act , as teach offences . Therefore 't is presumed , that the torments of such encrease in hel , as the liuing increase in sin through their example . No maruaile then that they are so afflicted in St Iohns vision ; Who are so forward there , as the Kings of the earth , & the great men , and the chiefe captaines ; and the mighty men , to hide themselues in the deus , and in the rockes of the mountaines ? Rev. 6.15 . They that once made the earth tremble with their power , doe now tremble like the earth vnder the hand of the God of power . They that once did teach to offend by their examples , are now taught what it is to be precedents of offences . If God deale thus on his heauenly Tribunal , no reason his Deputies on earth should be partiall . If he spare them least , whose offences are exemplary , then what shall be done vnto the Queen Vasthi ? Againe , it is the custome of greatnesse , to challenge impunitie , by reason of their eminence ; so that in time they 'l out-face authority ; then in this respect what shall be done vnto the Queene Vasthi ?

The stamp of soueraignty is sacred ; therfore quickly defaced by a rebellious hand . Touch not mine anointed , preuailes nothing with a seditious mind ; especially where the hand is as well armed with power , as the heart with disobedience . None but such as are able to make head , dare demand , Who is Dauid ? 'T is conceit of equality that encourageth great ones , to a contestation with magistrates . They dare imitate Socrates , m m Tul. 1. de orat . Qui Dominus videbatur esse Iudicum , whose proud innocence disdain'd the Iudges , and made his vnmannerly zeale , laugh Iustice in the face . Should one aske herein the Athenians aduise , they would prescribe an Ostracisme , banishment at least for such daring offenders . As Cato perswaded the Senate in Rome , that Carthage was an enemy too powerfull to be so nigh them . Then the security of the State must be purchas'd with the ruine of Carthage .

Lawes had neuer resembled cob-webs , had there not bin such strong offenders . The feeble gnats yeeld to the least resistance , whereas violent fowles will not be restrained by such contemptible engins . 'T is easie to vanquish an vnarmed slaue , and to insult on the weaknes of a manicled captiue : but to subdue those that like him in the Gospel , neither feare God , nor care for men , requires both power and resolution . Or howsoeuer these high transgressours may escape mans judgment , or n n 1 Cor. 4.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mans day , ( as Paul calls it ) yet the Lord of hosts hath a day , if they 'l beleeue Esay , which shall be vpon euery one that is proud and loftie , and vpon euery one that is lifted vp , and he shall bee brought lowe , And vpon all the Cedars of Lebanon , that are high , & lifted vp , and vpon all the oakes of Bashan . 2 of Esay . They shall then confesse with vanquisht Iulian , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Thou hast ouercome , O Galiaean . This out-brauing wretch ( as o o Theod. Ecclef . hist. lib. 3 cap. 20. t is in Theodorit ) that but now did swell with vaunting threats , lay groueling on the vnwelcome ground , when he apprehended the terrours of God . Such acts of diuine Iustice , prescribe courage to temporall magistrats , and bid them not feare the most puissant offenders . This also we learne of humane policy : Then what shall be done vnto the Queene Vasthi ?

Now to make way for resolution , may it please you to examine , how her condition doth agree to this our occasion . Our Land doth afford many Vasthi's , eminent offenders ; the authority of whose persons , drawes others to second them in their crimes . It is pesterd also with powerfull offenders , whose daring greatnes doth promise them immunity from punishments . But the mercifull justice of our gracious Soueraigne , doth with Ahasuerus , depend on his Assessors , for the censuring of these enormities . I could carry back your memories but a few scores of yeares , and there shew you a King of this land , relying on the Iudges determination , What should be done vnto the Queene ? There are more which admire his impartiality , then approue his fact . But our present happinesse , bids me confine my speech to our own times , and apply to your consciences a noble president for your happy proceedings . That sincere Court , whereof your Honors were lately members , durst adventure on the States most potent enemies . They had , I presume , both your approbation and assistance . Wherfore , ride on , ye men of renowne , and prosper ; good lucke haue you with your honor . You may in your circuit meet with such , whose power doth arme their crimes , and makes them sinne authority in the face . Therefore let me bespeak you , as the Prophet did that God whose dispensation doth tearme you Gods : you aske , What shall we doe ? I answere in his words , p p Psal. 83. Doe vnto them as was done to the Midianites , vnto Sisera , and vnto Iabin at the brooke of Kison , which perished at Endor , and became as the dung of the earth . Let an impartiall doome pursue their transgressions , and let their due shame attend them to their graues . q q Non tam ut ipsi pereant , quàm ut alios pereundo deterreant . Senec. Seneca shall giue you the reason : Not so much that they may perish , but to terrifie others by their perishing . r r 2 Sam. 24 17. I haue sinned ( saith Dauid ) I haue done wickedly , but these sheepe , what haue they done ? His conscience thought the punishment preposterous , that his people should be led as sheep to the slaughter , and yet he escape his deserued censure . And among vs how many silly sheep sacrifice their cheape liues to appease the law for their offences ? whereas eminent transgressours , that sin with an high hand , make shift to flye aboue the reach of Iustice . I feare , sometimes they borrow wings of that Doue in the Psalmes , which is couered with siluer wings , and her feathers of gold , Psal. 68. 'T is they that sin , they that doe wickedly , and in comparison of them , these sheep , what haue they done ? The punishment of these impotent wretches , doth not argue the Iudges valour , but the lawes iustice . The edge of authority wil be thought but dull and growne rusty , except it wound others , beside them that cannot make resistance . 'T is mercie to let those no longer liue , in whom imprisonment hath left scarce life enough to dye . So that did we not perceiue in them speech , whereby the Philosopher distinguisht men from beasts , wee should scarce distinguish these from carcases . There they stand arraigned , not more the prisoners of the King , then of death . Some of them haue liued long enough to see their lasting calamities out-liue their friends and fortunes : insomuch , that their aged eies can doe them no other seruice , but see themselues miserable , and weep for their distresse . That our Lawes doe vanquish these halfe-dead vassals , proues them ( I confesse ) impartiall , yet nothing powerfull . s s Consent of time . Cambyses would shew , what his tyrannie could invent , and what his hand durst execute , by shooting a great mans Sonne to the heart . Then doth appeare the force of our Lawes , and the courage of our Magistrates , when Phoneas-like , they thrust the sword of Iustice through the noblest transgressours : He was only to sacrifice for the sin of the people ; yet he durst sacrifice t t Zimri and Cosbi . Num. 25. two Princes of the people for their daring sinne . A fact that deserued not more thankes from the Iewes for its benefit , then it doth from vs for its example .

But by perswading impartiality to great , ones , I intend not to procure impunity for inferiours ; No , n n Quisque exercetur paenis , veterumque malorum Supplicia expendat — Aen. 6. Quisque excercetur paenis , &c. Wee haue a good rule from Ezekiels Prophesie , The same soule that sinneth , shall dye , Ezek. 18. If the same , then the meane as well as the mighty : for though they are not so hurtfull , yet they are as guilty . And yet they are hurtful enough too : for what they want in power , they make vp in number . A x x Varro auctor est , à cuniculis suffossum in Hispaniâ oppidum &c Hist lib. 8. cap. 29. pli . Town in Spaine may as well be vndermined with Conies , and another in Thessalie by Moles , as by the strongest pioners . Vnited force in contemptible complices , may be answerable to more powerfull machinations . Therfore let Iustice haue her due course on both sides : and let the Embleme make her hood-winkt , but not blind . Let her see offences only , and punish them ; but not offenders , lest her con●ivence spare them . She had ( I confesse ) well tutor'd the y y T. Liu. dec. 1. lib. 2. Consul Brutus , when she taught him to play the executioner , and put off a father . So that when punishment was inflicted on his children , before his eyes , he rould see the malefactors , but not his sonnes . z z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Arist. Rhetor. 2. And passionlesse Amasis could endure the Lictors to shedde his childes blood , without shedding of his own teares . Then is Iustice her selfe , when she can ouer-looke Nature , and all respects whatsoeuer . Then will she take heed lest she misplace her mercie , and so make it degenerate into crueltie ; for though there be no mercy in cruelty , yet there is a crueltie in some kind of mercy . Est quaedam crudelis misericordia , saith the prouerbe , and the mercies of the wicked are cruell , a a Prouerb . 12.10 . saith the Holy Ghost . Now if Iustice spare great ones for their might , and meane ones for their misery , Haec est crudelis misericordia , this is a cruell mercy . Cruell to the State , in causing Lawes , ( which Demosthenes cals , the soule of a state ) to be but dead letters . Cruell again to the Lawes , in making them stales for mens sinister purposes . Then let the sword be brandisht on all sides , and strike alike all rankes and conditions . And though charity to the State , allowes me not to intreat for their liues ; yet Dauids charity to their persons , bids me petition for their soules ; Lord , let the sorrowfull sighing of the prisoners come before thee , according to the greatnesse of thy power preserue thou those that are appointed to dye , Psal. 79. And so from the person to be adjudged , I passe to deliberation before Iudgement , What shall we doe ?

In doubtfull actions , Aquinas 1a 2 ae , makes deliberation the first act of our reason , and will haue Iudgment come between that and election . So noble is the soules naturall progresse , that she resolues on nothing , hand ouer head , but vpon mature aduise . And 't is well that a King , a god on earth , can remember , he hath so much of man about him , as that he needeth this consultation : for he that contemneth all aduise , is below a beast , he that wanteth none , is aboue a man . It were to be wisht , that all good Princes might enioy Sauls prerogatiue to ouer-top the people by the head as well as out-reach them b b Longae Regum manus . Adag . with the hand : or all might with Salomon , haue hearts as large as their dominions . But they must content themselues with that abridgement in Euripides , c c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Eurip. One man cannot see all ; and with that other in Tacitus , d d Nec unius mens tantae molis est capax . Tacit. One man cannot beare all ; Answerable to that of Iethro vnto Moses , This thing is too heauy for thee , thou art not able to performe it thy selfe alone , Exod. 18. The head might quickly draw the members to inconveniences , wer 't not for intelligence from the eyes and eares . Therefore the King , the head of Israel sometimes , must enquire where the Seer dwels : And who is fitter to be the Seer of Israel , then Samuel that iudgeth Israel ? His discerning thoughts must both see the peoples duties , & fore-see the Princes dangers : Wherfore both Prince and people repaire to him as to an Oracle ; with ( Quid agendum ) What shall we doe ? Happy State of ours , where the coactiue power , thus submits it selfe to the guidance of the directiue ! & thrice happy Soueraigne which can heare his power flatter him , that he may doe what he will , yet so yeelds to convenience , that he will not doe what he may . Hence it is that he scarce attempts any thing , but as 't were with this Motto , Quid agendum ? What shall we doe ? Men in their Panegyrickes may style him a Salomon , a mirrour of wisedome : of late especially he hath made it good ; and neuer gained a greater opinion of wisedome , then when he least relyed vpon his wisedome . In high matters of deepest consequence , it is his vsuall Parliament-phrase , I craue your aduise . Such was the milde method of glorious Constantine , when he allayed the iarres of disturbed Christendome , e e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Socrat. eccles hist. l. 1. cap. 5. He cryed not out , This I will haue done , but meekely entertain'd the whole Councels resolution . Blessed time when a mans tongue may bee as free as his opinion ; and when he may with Tacitus , f f Rarâ temporum faelicitate , ubi sentire quae veli● & quae sentias dicere licet . Tacit. procem . hist. not only think what he wil , but also speak what he thinks . Let the like happines of ours be a ioyfull memoriall for ensuing ages and let vn-borne posteritie haue cause to triumph in the matter of our glorie .

But I leaue this consultation in businesse of State , and passe to deliberation before iudgment , Quid agendum ? What shall wee doe ? g g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Arist. 3. Eth. Things of small importance , may for a while possesse our fancies , but seldome take vp our serious thoughts . We can here quickly resolue , This we will doe , whereas weighty affaires deserue pawses and demurs ; What shall we doe ? You are now ( beloued ) in Ahasuecus case , expecting when the Iudges will passe their sentence : The one vpon mens estates , the other vpon their persons . The least is a matter of no ordinary consequence ; I need not exhort either Iudge or Iurer , otherwise then God inioyned in the like case , Thou shalt enquire and search , and aske diligently ; in the 13 of Deuteronomy . Questionlesse he well weighed the value of a man , and priz'd his life at an higher rate , then to haue rash decrees make hauocke of his blood . h h — meruit quo crimine servus Supplicium ? quis testis adest ? quis detulit ? Iuv. Sat. 6. Such a cause deserues an earnest enquirie , concerning the matter of the obiection , the reputation of the witnesses & the disposition of the accusers . i i Targ. Ionath . in Num. 9.8 . Rabbi Ionathan obserues of Moses , that being to examine ordinary inditements , he did hasten ; but in the cause of those that were to dye , his sentence was not so speedy . In Targ. k k Nulla unquam de morte hominis cunctatio longa est . Juven. ibid. No delayes can be tedious , no paines superfluous , no interrogatories frivolous , when a mans life depends on the Iudges and Iurers diligence . His life , which Satan perceiued to be so much worth , that a man will ransome it l l Iob 2.4 . with all he hath . Precious gale of breath , that cost the mother so many pangs and throes to bring it forth ! that cost its owner so much care to preserue it ! so much tendernes to cherish it ! and must hee now at last , through the malice of accusers , or the periury of witnesses , be depriued of it , which for want of deliberation are not discouered ? m m Vlpian . How doth old Rome , that allowed nine houres for defence of each petty cause , condemne our ouerture , and our hastie proceedings ? shall they haue such large respite for their estates , and we so litle for our liues ? Well may the life of man be termed a buble if it deserue but such a momentary triall . But obserue the Holy Ghost , Deut 19. The Iudges shall make diligent inquisition ; which implieth long aduise , and mature deliberation . But while I exhort to deliberation before iudgment , a tedious sute long depending , prevents my exhortation . The forlorne Client is tired out with delayes , while his Advocat demurs about his cause , as long as n n Deliberandi unum sibi diem postulauit , &c. Cicer. de nat. Deorum . Simonides did about the nature of GOD. Hieron must first allow him a day , afterwards two ; at last the longer he was about it , the lesse he had determin'd . Thus while they are consulting and doubting what may be done , the deluded Client is quite vnd one . o o Charron of wisedome . Therefore a certaine Lawyer doth aduise euery King to abolish that pernicious mystery of pleading : you see , he makes bold with his own profession ; but I forbeare such peremptory and tart language ; and reprehend it no otherwise then milde Ismenias did his Schollars , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , p p Plut. in vit. Demet. It ought not thus to be . No , it ought not to be , that the Lawyers ( What shall we doe ? ) in a pretended deliberation , should driue the Client to his ( Quid agam ? ) in an exigent of passion , and so make him crye with those in the Acts , which were pricked at the heart with sorrow and anxiety , Men and brethren , what shall I doe ? I am now a companion for that distressed Steward , q q Luk. 16.3 Digge I cannot , and to begge I am ashamed . Those many acres which I once possest , are through lingring sutes brought to six or seuen foot to hide my carkeise . Neither can I enioy that , without the submisse Epitaph of Cyrus ; r r O homo , ne mihi sepulturam invideas . Cons. of time . O man , envie not vnto me this small parcell wherin to bury me . Thus hauing nothing left of what he was , but the remembrance , he passeth from a tedious iudgment on earth , to one in heauen more speedy , such as Paul tels vs , shall be in a moment , in the twinkling of an eye ; and he that wanted the fauour to be iudged heere , may haue the honour to bee a Iudge heereafter . Know yee not that the Saints shall iudge the world ? 1 Cor. 6.2 . Their nimble thoughts shall not be clogg'd with needlesse demurs , but will instantly approue what the supreme Iudge decrees . And Lord , let this chearful expedition hasten the zeale of our earthly Iudges , that thy people may haue quick dispatch from misery , and thy truth an increase of its due glory . And lest thy Vice-gerents should through misprision or connivence be mis-led ; giue them vnderstanding to know the law , and grace to follow it as their vn-erring guide , which is my last part , The leuell and rule of iudgment The Law . What shall we doe vnto the Queen Vasthi according to Law ?

The positiue Law , and Man , were once of an equall extention ; One Law , and one Man . That Law accidentally taught him to know Sin ; the increase of Sin hath taught his posterity to know good Lawes . Ex malis moribus bonae lages . When the Lawes of nature would not serue the turne , humane power , put on Maiestie , and angry Iustice learn'd how to discipline their enormities with a rougher hand . So that at last , varietie of Lawes beganne almost to preuent their crimes ; Iustinian makes them s s Instit. lib. 1 Tit. 2. Nationall & Ciuill . Those , naturall reason made common to euery Country , these vpon particular occasion , were peculiar to such a society . t t Aquin. 1a 2 ae . quaest. 94. art 3. Therefore 't is the rule of Aquinas , that a Law must agree with time & place , 1a 2ae , q. 95. art. 3. It seemes there was some Law proper to the Persians , that took hold of the Queenes disobedience . And it was a good precedent of the King , being aboue that Law , to submit himselfe to the direction of the Law . What shall we doe ( saith he ) according to Law ? Hereby a King is distinguisht from a Tyrant . The King doth measure his attempts by Iustice ; the other , Iustice by his power . The Tyrants force is his equity , and the sword his duty . Laborious cruelty is but sport to his guilty hands , till his wild & vnbridled passions haue run out of breath in a curreer of blood . The pleasure of Commodus was Law enough to warrant the mangling and massacres of his subiects , by making them enter the list with beasts . O that excesse of power should so transport one beyond nature , as that his will should be all his reason , to rank men with creatures so vnreasonable ! wherefore one in Seneca would haue those to be least free , which haue power to be most guilty : and wisheth it not lawfull for such to haue liberty to doe that which is vnlawfull to be done .

But what ? Shal any dare to limit soueraignty , and prescribe Maiestie its duty ? shall he that enioyes the subiection of others by the law , be subiect himselfe to the law ? No , in no other sense then that of Aquinas . Quantum ad vim directivam non coactivam , in 1a 2ae of his Summes . Not that the lawe should drawe him by compulsion , but lead him by directiue perswasion . v v In Decret. lib. 1. Tit. 2. Cap. Cum omnes . If hee conforme his actions to the prescript of the lawes , it is of his owne accord , if he doe not , is he liable to acount ? Yes , but it is only to God . Against thee only haue I sinned , saith King Dauid . Psalm . 51. Those modest times had not the face to capitulate with their Soueraignes . The pride of faction had not yet hatcht this rebellious doctrine , That if Kings obey not laws , subiects haue leaue to disobey their kings No ; let it glory in no ancienter author then New Rome ; and in no better successe then confusion . And seeing it owes it selfe to Iesuited Patrons , let it be banisht this land together with their persons . And let them whom it concernes be inquisitiue for autoriz'd Rauiliakes , such as doe not value the price of a man , much lesse of a Prince : otherwise a fee should neuer perswade them to hazard their owne liues ; nor to rifle for a few peeces of coyne in the bowels of their Soueraigne , and so sell his deere blood for an houres wages .

But while I exempt Princes from humane censures , I incourage not their neglect of humane lawes . The law is the life of a state , & their practice is the life of the law . Then it concernes them that haue most power to uiolate lawes to haue most care to fulfill them . x x Non tam imperio nobis opus quam exemplo . Plin. Pan. Else the imitating vulgar will grow vnruly by the example of their Rulers . Which his Maiesty implies in aduise to his sonne in 2d booke of his Basilicon Doron . Wherefore himselfe , measures not the law by his owne will , but conformes his will to the measure of the law . This is his practice ; & this is the duty of all Iudges : What shall wee doe according to law ?

Which words admit of a double sense . First , According to law ; that is , as much as the law inioynes . Secondly , According to law ; that is , No more then the law intends . And first of the first sense ; as much as the law inioynes ; What shall we doe according to Law ?

z z Iustinian . lib. 1. Tit. 2. institut . That Imperiall giuer of the law , makes giuing euery one his owne the end of the law . And I desire no iuster distribution then S. Paules , in 13 to the Rom. The Magistrate is the minister of God , to thee that dost well , for good , but if thou that which is evill , bee afraid . The law then doth assigne to euery publique action , Reward , or Punishment , as its due guerdon . The least open good may challenge some reward ; if thou gain nothing else , yet the Apostle promiseth , Thou shalt haue praise : But if thou doe not well , sinne lyeth at the dore ; God made it the doom of Cain , and the law makes it thine . Sinne lyeth , that is , punishment , the reward of sinne ; by an Hebrew metalepsis , as I am warranted by a a Parae . &c. in locum . approued authors . Now this punishment without the Law were but a wooden sword in the hand of a grim Anticke , able to awe none beside fooles and children . But if authority come arm'd with lawes , the sinnewes of State , it can strike terrour to the stourest heart . b b Iustinian . in proaem . institut . No marvell then that the Emperour thought Maiestie but adorned with armes , and to be arm'd with Laws . Then let any peece of this furniture bee laid aside , malice will level its ayme at that open part . Whether it bee the helmet for the head , or the breast-plate and shield for the body politique . Those helmet-lawes which doe fence the head are of the greatest moment . Seeing on the safety of that , depends the welfare of the whole State . Our glorious Head hath receiu'd in this kinde , from the prouidence of Ancestors , armour of proofe against all annoyance . Now bloody Iesuits , those sly messengers of Antichrist , are alwaies furnisht with messengers of death : Thanks be to God , this body of ours hath escap't in the head ; for God hath dealt with vs , as with Dauid ; by his protection , c c Psal. 140. vers. 7. he hath couered our head though we haue , as it were , put off the helmet : I meane , lawes to this purpose haue layen in a long sleepe and for good reasons of State , haue not beene executed . Yet wee haue with Achilles , receiued wounds in the heele , which are still fresh bleeding in the inferiour people . They beginne to putrifie & to draw contagion through the whole body . But the sword is now vnsheath'd ; you haue is againe in your owne hands ; 't were pitty it should euer be put vp , till it hath cut off our home-bred corruptions , and giuen all forraine factours their fatall blowes . An ill man once spake like a good Cittizen , Act. 19. The law is open . And how can I vse a stronger motiue then to presse your consciences with your free leaue ? His Maiesty told you , he did for a while d d His owne word in his first speech in the Parliament , 1623 conniue , but now againe , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The law is open . It is open , I hope , for the Iudges to execute , it is open for accusers to implead . Then hauing against these maine enimies the laws full advantage what shall wee doe according to law ? The body of our State hath other pernicious adversaries that dayly afflict it with continuall wounds . The extenuating of murther by the fauorable name of man-slaughter , hath cost our King many a subiect , and this land euen streames of blood . T is not for me to censure the law ; yet thus much I knowe ; that the Law of Moses , and the law of conscience , will scarce admit some of our limitations . Doth a man come presumptuously vpon his neighbour ? God tells you by Moses , he shall dye . Ex. 21. But except he assault him vpon long-studied malice , and purposed revenge , with vs he shall not dye . We say he did it in his anger ; and he slew a man , not murthered him . But old Iacobs propheticke spirit well knewe the minde of God ; therefore suffered not his own sonnes so easily to escape . e e Gen. 49.6.7 . O my soule , ( saith hee ) come not thou into their secret ; vnto their assembly , mine honour bee not thou vnited , for in their anger they slew a man : he blames their anger only not their malice : yet marke what followes ; Cursed be their anger for it was fierce , and their wrath for it was cruell , I will diuide them in Iacob , & scatter them in Israel . Here anger and the heat of blood could not excuse the spilling of blood . They felt the rigor and full weight of Iustice : yea the heaviest punishment that then was , a Patriarchs propheticke curse . And in conscience such resolute hot-spurres deserue with vs that Curse of Moses ; the heauiest temporal one that now is , Cursed is hee that hangeth on a tree , Deut. 21. Moreouer blood is importunate ; each drop whereof hath a tongue , and cryes lowd at the throne of Heauen . Or if that were silent , your owne eyes are trusty witnesses of many a widdowes teares . And the vntimely death of murtherd fathers bids their orphant children solicite your eares with their sad lamentations . I , but the death of murtherers will doe them no good ; admit It doe not ; yet let not their life doe others hurt . Let not the lawes indulgence encourage their bold hands to the like attempts : but ere others feele againe the extremitie of their violence , let them first feele the extremity of your iustice ; and to the vtmost that the law inioynes , let them knowe , What you can doe according to law .

There is also the swearer , whose tongue wounds the State , and like a sharpe sword strikes deepe euen to the heart : hence it is that the land mourneth , saith the Prophet . No maruell that this sinne is growne licentious , for they say , 't was lawlesse and without the verge of iustice . Till at last that honourable assembly of Parliament ( which posterity shal admire no lesse for religion then for their wisdome ) haue restrained the freedome of this crying sinne . It concern'd your Honours to further such a religious purpose ; not only for aduancement of Gods glory , but to enlarge your owne liberty ; for til then a blasphemous tongue might sweare God and you in the face : you might tremble and blush you could not punish . T were pitty this free crime ( which Chrysostome counts f f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Tit. Hom. 15. Ad pop. Antioch . worse then murther ) should longer violate the law of God , and Magistrates not be able to say , What shall we doe according to law ? I could shew you other offenders , which haply among vs are lawlesse ; but with God they speed like S. Paules Gentiles , which hauing not the Law , are a law vnto themselues . Rom. 2.14 . But I must hasten to the second sense , No more then the Law intends ; of which exceeding briefly , What shall we doe according to law ?

A depraued glosse may corrupt the Text ; and a corrupt Iudge may depraue the Law . Thus truth that in the Oratours time had strength enough for its owne defence , is enforced to yeeld vnto crafty violence . Christ also that originall truth found the perverse Pharisee and petty-fogging Scribe wresting the derivatiue truth to their own bent . g g Lib. 2. contra Apion . Iosephus may bragge of the Iews priuiledge aboue other nations , in that they suffered no change in their laws ; yet by his leaue though they remain'd intire in words , they were much peruerted in sense . Thus could the wit of iniquity ouer-reach Gods intentions , and inhance its owne advantage by the misconstruction of his precepts . I wish that while we looke vpon those times in detestation , God hath not cause to looke vpon ours in revenge . I pray God the sword of Iustice doe neuer among vs become the Sword of Delphos , h h Eras . Adag Chil. 2. cen. 3. that serued for all purposes : as those grosse flatterers abus'd it in the cause of Cambyses , who desiring to marry his owne sister , was aduertisd by them , that there was no law which allowed that copulation : but there was one , that he being their King might doe what pleas'd him . How doe such Iudges befoole their Ancestors ! intimating that they doted and spake at randome , for enacting constitutions no surer then the old oracles , that might admit of a double sense .