Vox Dei: iniustice cast and condemned In a sermon preached the twentieth of March 1622. At the assises holden in St. Edmunds Bury in Suffolke. By Thomas Scot Batchelar in Diuinity, and minister of the Word at S. Clements in Ipswitch.

Iniustice cast and condemned . Prou. 17. 15. He that iustifieth the wicked , and he that condemneth the iust , euen they both are an abomination to the Lord .

THe writings of Salomon are ranked by S. Hierome into three sorts , his Ethicks , his Physickes , his Metaphysicks : in the first he is an Instructer , giuing wholesome precepts of Morality , a diuine and spirituall Hippocrates : in the second he is a Preacher , his text is , Vanitie of vanities , all is vanity ; in handling whereof he searcheth and vndoeth the knot of all causes , a diuine Philosopher : in the third , hee is a Triumpher , reioycing in and discoursing of the mysteries 'tweene Christ and his Church , vnder the comforts and beauties of an externall marriage , an heauenly Poet .

In his Ethicks ( this booke of the Prouerbs ) he doth not so strictly hold himselfe to that subiect , but that they bee now and then dashed with some other arts , as the Politicks , and Oeconomicks ; as in this verse I haue read , wherein he toucheth vpon a point of state and gouernment .

And whereas it is generally conceiued that the Prouerbes of Salomon are so many select Aphorismes , or sentences Substantiue , each one standing by himselfe without any mutual dependance one vpon another , so that to seeke a coherence were to vndertake the making a rope of sand , or to force a marriage betweene vnwilling parties ; it must must bee confessed , that they bee not euer so sutably sorted , but that many of them know not their neerest neighbours , they being strangers in sense , and argument .

Yet for all that are they not such shreddes nor so confusedly shuffled together , but sometime one may see a special care in their placing , as in this with the foregoing verse , in both which hee takes order for peace ; in the first labouring to preuent , in this to heale and cure contentions . In the first his counsell is excellent , to withstand beginnings , comparing the beginning of suites to the breaches and ouerflowings of waters , telling them thereby , that the law is costly and dangerous , for so are water-breaches , costly for their greatnes , dangerous for their cruelty , therefore contention compared also to fire , Pro . 26. 21. They therefore who make way to saites had as good cut open the sea bankes in their Marshes , or thrust firebrands into the thatch of their houses : therefore ere the Contention be medled with , leaue off , saith Salomon : as if he should say , Plaintiffe begin not , Defendant ioyne not issue . But if you will needes set open these floud-gates , and play with this fire , so that there must be suites , then his next counsell is in this verse , that this wound and rent seeing it cannot bee preuented , may yet bee without a scarre fairely healed , turning himselfe therfore to those to whom Iudgment in such cases is committed , he exhorts them to do righteous iudgement , neither to goe on the left hand to condemne the iust , nor on the right hand , to iustifie the wicked ; that they call not good euill , nor euill good , least they anger the most High , and become an abomination to him , For hee that iustifieth the wicked &c.

In which wordes there is a sinner indictend or arraigned , and then his sentence pronounced : The sinner is the violater of iustice , whose name hath euer beene sacred , and obseruation the mainteyner of States , and the contrary the destroyer of the same . More particularly , the sinner is ( that hee may bee the better knowne ) layd open by Salomon : first , by the indefinitnesse of his person : He that iustifieth , and he that condemneth , amounting vpon the matter to a generall ; for where none bee excepted , all are included : He , that is to say , whatsoeuer he be , whether Iudge , or Iuror , Witnesse or Aduocate , Publique or priuate .

Secondly by his workes Iustifying and Condemning , which in themselues indeede are no sinnes , as no simple or naked action without circumstances is of it selfe a sinne , it being the {αβγδ} which is the {αβγδ} thereof : therefore least there should bee an error found in the Indictment , he is thirdly layd open by the application or misapplication rather of those actions , not setting the saddle vpon the right horse , but iustifying the wicked and condemning the iust .

So that the sinner here questioned is the corrupter or violater of iustice , which hee is accused to doe two wayes : first , by Iustifying the wicked ; secondly , by Condemning the iust , which two though they seeme and are indeed contraryes yet are they brethren in euill , both wounding sacred iustice , which like Sampsons foxes turned tayle to tayle , and looking two seuerall wayes as if they had contrary intendments ; yet they both agree in Combustion of State , and violation of truth and Iustice .

And as they bee thus in culpa non diuersi , brethren in euill ; so also they shal be in poena non diuisi partners in punishment , for euen they both an are abomination to the Lord , which is the sentence & second part of the text . And thus you haue the summe and scope of the wordes .

That this sinner may bee the better indicted , and so the more iustly sentenced , we will , first , explaine these termes of Iustifying , and Condemning , secondly , shew how many wayes this sinne of iustifying the wicked , and condemning the iust is committed : thirdly , that not onely to condemne the iust , ( graunted by all ) is a sinne , but also to iustifie the wicked , which is doubted by some .

1. Iustificare in the Latine sound , seemes to signifie to make iust , like wordes of the same forme , as Magnificare , sanctificare and the like ; and so the Scholemen and Papists vnderstand it and bitterly contend in it : but wee learne the force of this word of Saint Paul , who vseth it not according to the Latine sound but Hebrew acception , wherein hee was brought vp : and that wee may not delay in a case so cleere , it is vsed by him , speaking of the maine point betweene God and vs , not to Make , but to Pronounce iust : not that the most iust God doth iustifie any , that is , pronounce any iust , who is not made iust , and whom also he hath not made Iust ; but that the iustified is not so made by any reall immutation of qualities , but by pardon ; for vnto sinne and euill deeds not new qualities , but pardon and absolution is the next and proper remedie : Nay I may further adde and maintaine , that in all the Scripture this word Iustifie doth signifie nothing else but to pronounce iust ; and to giue it the force of making really iust ( as Schoole-men and Papists for their ends contend ) sometimes wil proue impossible , many times absurd , alwayes vntrue . And the place is the more remarkeable because it lends light to other texts ; for to iustifie must of force in this place signify to Pronounce , and not really or truely to make iust : for hee that should worke such an effect vpon a wicked man , as truly to make him iust , should most vniustly be an abomination to the Lord .

This is also further cleered by the contrary terme here of Condemning , which being a word of the same forme in the Hebrew , must also haue the same force ; and therefore should bee turned if the same Language would beare it , Impiificare or Improbificare , which sound 's to make wicked ( as the other to make Iust , ) which no man can doe ; nay God himselfe cannot make a man truly iust to become really wicked : it must signifie therefore to pronounce wicked .

So that the cloake of ambiguitie being taken from him , the sinner against whom we proceed stands naked before you , appearing to bee such as you see , one that pronounceth the wicked to bee iust , and the iust to bee wicked .

2. Which is done either priuately or publiquely , Priuately by two euill beasts , the flatterer and backbitter : The flatterer is a tame beast much delighted in by great ones , who by this meanes haue little acquaintance with truth : Hee is alwayes readie to slight and extenuate the grosse euills of Princes and his great Master , and for their lighter defects , he prayses them for great eminencies and excellent graces : hee is like the herbe Heliotropium that turnes it selfe from East to West to follow the sun : ais ? ai● : negis ? nego : If the great man denyes , he dares not affirme ; but if his Lord affirme , then he must sweare : like diuerse other flowers which so long as the Sunne shines vpon them they open , but shut so soone as hee withdrawes his beames . These are dangerous iustifiers of the wicked ; for through their complacency and oylie wordes , they praise men vnto death in their sinnes .

The backbiter is a beast , not so familiar and fawning as the former , but more churlish and melancholy ; therefore lurkes in holes and corners : and as sharpe windes cut most in narrow lanes , so this vermin hurt 's not but secretly ; and then hee is euery where vpon his iudgement seat , passing sentence and giuing verdicts vpon the iust , and innocent man : either with lyes accusing him of things neuer done , or else through malice deprauing things by him well done : This is also a dangerous condemner of the iust , both because through his peeuish secrecy the wound cannot be preuented , and by reason of the poysoned weapon , the balsome of Innocencie it selfe without a scarre , cannot heale it .

But flatterer and backbiter though worthy of seuerest iudgement , yet for this time stand by : you cannot be tryed at this Assises , for we hasten to the more publique commission of this sin , here as I thinke chiefly intended : which must bee diuersly considered according to the varietie of persons , by whom it may bee committed , which are principally , the Iudge , the Witnesses , the Aduocate , the Iury .

The Iudge commits this sinne first , and most highly in giuing a false sentence , not according to the truth of the cause , either comming beforehand ( whatsoeuer the allegations bee ) with a premeditated sentence , as the Elders and Nobles of Izreel against Naboath ; or else leading the Iury , that vnder that colour he may effect his desire . But if a Iudge proceed's alwayes secundum allegata & probata , hee knowes hee shall sometimes in strict obseruance of iustice doe the greatest iniustice . What a Iudge may doe in this case I am not able to determine , but surely a good Iudge , as sayth Ambr. sicut audit ita iudicat i not hauing power of making or altering Lawes , but of iudgeing , and that not delege , but secundum legem . But here note a difference betweene diuine & humane lawes , and how farre Solon and Lycurgus and all other must giue place to the sacred Lawgiuer , whose generall Statutes may all bee kept inviolable without the preiudice of any particular , which could neuer be atteyned by the wisedome of any man ; and therefore we haue our Chaunceryes to come after and mend the faults , and mitigate the rigors of Law , although the remedy sometime hath beene worse then the disease .

2. The Iudge may also commit this sinne by delaying of a iust sentence , not daring for shame or Praemunire to condemne the iust , nor being willing through corruption to iustifie him ; This doth also amount to a Iustifying the wicked , and condemning the iust ; for so long as sentence is causelesly deferred , so long the iust may be accompted wicked , and the wicked iust .

3. By not executing a sentence iustly giuen , which God strictly lookes after : therefore the same word in Hebrew signifieth both fault and punishment , to shew that none should be without punishment but he that 's without fault . Hence it is also that the Lord when in the third commandement he threatens punishment to the takers of his name in vaine , he saith no more , but I will not hold him guiltlesse , intimating that guilt should draw on punishment , and that the one should tread on the heeles of the other .

II . The witnesse also commits this sinne more waies then one : First , by the maine breach in giuing a false testimony , like those wicked men set before Naboath ; these were knights of the post , which though found in Izreel and were fit instruments for Idolatrous Achab and Iezebel ( as Aequiuocation and mentall reseruation for Papists ) yet alas that such should be found in a Christian Common-wealth : such call God himselfe to witnesse when they speake , and should be to Iudge and Iury in stead of God to direct Iustice ; but by their false testimony are to them and to the innocent also Sathans , that is , accusers and deceiuers . Secondly , though not by falsifying their words , yet by peruerting their meaning and making them beare other sense in their translation then they did in the first originall , as those who testified against our Lord Iesus , who spake no other words then Christ did , but spake them otherwise , yet are called false witnesses ; who onely after triall of many were found to speake home enough & to the purpose . Thirdly , by concealiug part or all the truth , or by not cleering the innocency of any when they may . It is worthy our imitation and resolution , which is reported of S. Augustine by Possidonius , that ( in so hard a choice ) he had rather lose his friend then conceale the truth : All these are to truth and Iustice , as Traytors are to coyne ; the two former counterfeit , the latter onely clip's , but all deceiue the subiect .

III . Next by professors of both the Lawes , knowne by their seuerall titles , in whose persons Innocency & Iustice make their appearance in COurt by their Proctor .

1. Who doe this sinne first by pleading ill causes , casting mists before mens eyes , making ill seeme good , and good euill ; setting faire pretexts on foule matters , putting a great shooe vpon a little foot , and an orient glosse vpon a sullied cause ; who in a word , can alter the Case , and stretch or shrinke the law at pleasure , and make it hold what length they list : like to that Byzantine Lawyer , who being asked what the law was in such a case , answered , Prout ego volo .

2. By vnnecessary and wilfull delaying and spinning out suites by some odde quirk or causelesse demurre ; or seeking to dismay witnesses , easily daunted in an vnwonted presence , and so to weaken and stop their testimony , as the wicked doe their consciences , which otherwise would tell the truth .

IIII . By Iurors that set themselues to acquite them whom they know guilty , and to find for him whom they most affect , working and labouring their more tender conscioned fellows to their parties , who for neighbourhood sake , after some standing out , at last do euery one become M. Flexible , & so trying the person and not the cause , they bring in a verdict , cleane contrary to the name it carryes , and so lay a ground to staine the iudgement seat . Here also is a roome for those that return the Iuryes , who by their shuffling can so packe a Iury , that wheresoeuer you cut , and whatsoeuer the cause bee , it comming to be tryed by such a packt Iury , they shall cleere the malefactor if on life and death , or finde eyther for plaintiffe or defendant as occasion serueth .

Thus many wayes is Iustice violated , the offender appearing sometimes in the person of a Iudge , other times of a witnesse , now of a Lawyer , anon of a Iuror ( neuer himselfe ) by his cheater-like variety of habits , giuing iust occasion of suspition .

The third thing to be discussed in the tryall of the sinner is , whether the Iustifier of the wicked be a sinner also , for he pleads , not guilty , and desires not to bee so seuerely censured , as the Condemner of the Iust , which al men abhorre ; and if he cannot obtaine to bee excused à toto , yet hee hopes at least , à tanto . The truth is , that all condemne the condemning an Innocent ; but to dawbe and plaister a wicked mans cause , to helpe a drunkard out of the briers , is holden but a neighbourly and friendly part : but to meet with this obiection , as they are here found together , so they bee sentenced together , for both of them doe swerue from the straight rule of Iustice , and he that leaues his way doth erre as well on the right hand as on the left . Moreouer , both doe pull downe Gods Iudgement vpon a Land , and kindle Gods wrath , for euen the Philosopher could say , that that Common wealth could not stand long where not onely rewards , but punishments also bee not duely bestowed : to cleere the offender , also hurts his soule , de barring him from the medicine of it , for ipsi absoluti fere semper sunt deteriores , offenders seldome amend by escaping iust punishment . Therefore the Iustifier of the wicked deales like a murtherer vnder the name of a Physitian ; like the good witch ( as they are tearmed ) that cures the body peraduenture , but wounds the soule : beside the encouragement which other wicked will take thereby ; for by such impunity sinne is brought into credite , and others doe deeme thereby a license or commission sealed to them of doing the like sins without feare or reproach . The Magistrate may better turne loose many Beares , Lyons , or Tygers into a throng of men , and with lesse danger , then one offender without punishment .

And although the good Emperour had rather many guilty ones should escape , then one innocent perish , I suppose he meant in cases doubtfull , where indeed it is safer to incline that way ; but to iustifie the wicked who is so conuicted , must needs be a voluntary , and so a sinne with an high hand : but to condemne one that haply may bee guilty , yet cannot be so conuinced , were as great a sinne , seeing he is to bee taken for iust who cannot bee conuicted wicked , it being al one in such cases not to be , and not to appeare to bee . Where also some obiect that God doth iustifie the wicked , and yet sinneth not , it is to be conceiued , that God doth ir not quatenus talis , but first makes him iust ; secondly , paies the price and so satisfies iustice : thirdly , giues also another minde for time to come ; all which if any can do , he may also iustifie the wicked without controll .

But yet is not purblind reason quiet , but demands further ; Must we adore Iustice so as that Mercy be vtterly neglected ? But religion answers , that we in vaine goe about to set variance betweene Mercy and Iustice ; they are no such opposites as is thought , for they kisse and embrace each other ; yea , that is no true mercy which is vniust , nor that good iustice which is cruell . Yet further , it may well be conceiued , that shewing mercy doth properly belong to supreme and not to subordinate Magistracy : for howsoeuer before lawes were establish't , Kings in person did vse to sit in Iudgement , yet in aftertime it was not thought so fit , because either they would be too ready to shew mercy ( the offences being most what against themselues ) as Caesar to Ligarius , and Agesilaus to Nicias , whom Plutarch so much reprehends , ) or else if they should prosecute without mercy , it might pull on them the enuy of subiects : and from hence ( beside the multiplicity of affaires ) reason of State hath wisely aduised that Kings shoud execute Iustice , and all other workes of seuerity by others who may therein without enuie be faithfull to their Maister ; but all such actions as procure loue , as giuing preferments , offices , honors , and shewing mercy , they reserue to themselues . But to shut vp this point , if any will wound iustice , and icoparde a ioynt to iustifie the wicked , I will not trust him for condemning the iust : for letting loose Barrabas the murtherer , and condemning Christ the righteous , most what doe goe together .

But yet if any doubt , by this 2. The sentence . time the verdict and sentence is ready which will end the controuersie ; for saith Salomon , Euen they both are an abomination to the Lord : This is his Iudgement , which the more wee consider , the more heauy it is . 1. Abhominable , 2. nay abomination in the abstract , 3. and that not with men but with God : if onely disliked , refused , or reiected , it were much ; but to be abominable , yea abominatio , such as one would turne from tanquam ab omine tristi , as the word imports , this is to bee miserable with an Emphasis . God not onely not knowes such ( and they had better neuer to haue beene , then not to haue beene knowne by him ) but they are odious to him ; as wee turne our sight from such things as we loath : and as Alexander Seuerus was wont when hee but beheld a briber , to haue his colour and stomacke rise , so God turnes his sight from the vniust person , for he is an abomination to him : what , to the Lord ? if to euill men onely ( although one would be loath to make himselfe odious to all euill ones ) yet then had he God and good men to flye to : Nay , were he so to good men also , yet because they were men they might be in Error , and God might reuerse such a sentence by a writ of Error : but alas not with men but with God also ; who shall now stand vp for him ? who shall appeare in his behalfe ? Indeede if God iustifie who shall condemne ? but if he condemne who shall iustisie ? if the King fauour , the enuy of the courtyers cannot harme , but if hee frowne , their loue cannot secure .

And yet further this sentence toucheth not onely their works , but their persons also . For as Dauid saith of Idols , They that make them are like vnto them ; so saith Salomon of these , not onely the workes but the workers also are an abhomination : whence it comes that all they but touch is so too : their thoughts , their sacrifice , their way , their prayers , and all are an abomination .

And yet not a single , but a double abomination : for he that iustifieth the wicked is an abomination , and he that condemneth the iust is as much : for , Euen they both are an abomination , saith Salomon .

But is this the case of the violater of iustice onely ? are none in the same condemnation but he ? Yes , for we finde in the same praedicament , the scorner , the euill heart , the false measure , the lying lips , the way of the wicked , the proud poore man , the Idolater with a rabble more of that kind . What a blacke guard is here ? fit for Pluto himselfe . Qui non ex se dignoscitur ex socio : if he could carry himselfe so slylie that hee could not be discerned , yet his company would bewray him , he being linked with such that it were litle lesse then an hell to be in heauen with them : Hee is not indeede alone , but of this company hee can haue neither credite nor comfort . Well , it is an heauy sentence but a inst , for hee that saith to the wicked , Thou art righteous , him shall the people curse .

Now if vox populi be vox Dei , then He must of necessity bee abomination to God who is cursed of the People ; therefore many woes are euery where in the Scripture pronounced against him . Moreouer , hee condemnes the Law of God , and God himselfe too who iustifies the good whom this man condemnes , and condemnes the wicked whom he iustifies .

Thus hath the sinner beene Application . arraigned , and now is hee also as you see sentenced ; giue mee leaue therfore ( as they vse to men condemned ) to giue the sinner a litle ghostly coumsel , which I would do in a word or two of application , and so conclude . And lest it be said of my exhortation as it was of his lawes , that they were like spiders webs catching none but flyes ; giue me leaue my most Honoured Lords , who sit at the sterne of this weighty action in the first place , to addresse my selfe to your Honors ; I take not vpon me , eyther to teach or reprooue you : the one were presumption : the other rashnesse , although for the latter if there were occasion , my commission would beare me out .

But giue mee leaue I beseech you to speake that which your Honours indeede know , haue done , and will practise , but to what end ? Euen to giue you your dues for time past , as also to tye a threed about the singer for a Memento in time to come ; Qui monet vt facias quod facis , monendo laudat , He that admonisheth to that is done , his very admonition is a commendation ; for euen as great ones oft times are highly commended for good things which they haue not done , and then the prayse hath the nature of an Admonition , and thus they auoide a frowne ; euen so also wee often admonish them concerning the good things we know they haue done , and then the monition amounts to a Commendation ; and this is a good way to decline slattery . Cassidorus reports , it was the manner in the Roman Courts to haue a Cryer stand vp immediately before the Iudges were to passe any sentence , and with a loud voice to speake vnto them , Ne patcrentur se sui dissimiles fore , that they would doe nothing which became them not : I desire at this time to be instead of such a cryer , or to doe that office to your Honours which Philips boy did to him , who told him no new , but a well knowne thing , but at once both put him in mind of his mortalitie , and also commended his care to bee remembred of it .

And in the generall , as Paul exhorted Masters to doe that is iust to their seruants , because they haue a Master in heauen , so I beseech you to doe righteous Iudgement , because you also haue a Iudge in heauen : Let not Iustice halt , let no cleere law bee violently forced , let no doubtfull law be sinisterly interpreted , let no sentence bee without mature deliberation passed . Plato cal's you Physitians , and Augustine ap●ly compares offenders to peccant or Malignant humors of the body : now none but a desperate Physitian will giue Physick till hee hath well viewed the state , and considered the nature of the disease . Let not matters be huddled for dispatch : Oh the life of a man is a great matter , and a mans whole estate not muchlesse , there being no great difference betweene Naba●th's life and Nabaoth's vineyard .

Remember also I beseech you whose ministers yee are , and whose persons ye represent ; for God hath communicated his name to you , I haue said yee are Gods , ( yet gods on earth , yea gods of earth , for ye shall dye like men : ) he hath lent you his name 〈◇〉 say , that yee might resemble him in nature ; and as Lucian notes of Stage-playes , if they misact a seruant or a messenger , it is {αβγδ} , a small slip , but if they fayle in acting of Hercules or Iupiter , it is inexpiable ; did you onely represent the Kings person , and were defectiue in that , it were vnanswerable , but take heed of misacting Iupiter , therefore doe nothing here but what God himselfe would , if hee were in your place , for you are in his .

Therefore you are to bee intreated to take heed of such things as doe dimme the sight of Iudges , as of Partialitic ; turne not to the right hand of fauour , nor the left hand of hatred , let not probable reasons for a friend bee preferred before demonstrations for an aduersary ; No , a Iudge when hee put's on his roabes , ceaseth to bee like ther men , but puts off all personall respects , knowes no friend no kinred , no acquaintance , no fauorite : letters also of great men , & petitions & motions by friends and fauorites are ill for the sight of a Iudge , but say of them all Magis amica veritas ; I will be content to lose that friend whom I cannot hold but with the losse of truth . The heady passion of rash anger makes him stone-blind in Philosophy , he is mad for the time , and therefore no way fit to determine of another mans inheritance , not being compos mentis , and so not sufficient in law to dispose his owne if he were sicke in bed . Let Deliberation goe before Consultation , and both before Execution . For Company also I name bribes ( a perilous pearle in a Iudges eye ) for it alone hath made many lose their sight . ) The Thebans because they would not haue their Iudges eyes put out on this wise , pictured them with their eyes couered , their eares opened , and ( to be sure ) without hands . O let worthy Epaminondas ( by a blessed Metempsychosis ) liue in you , who though poore , refused great presents , saying , If that you desire be honest , I will doe it because it 's honest , but if not , I will not doe it for a world .

Now if there be any thing left to the discretion of a Iudge as it is most equall ( or else you should be in no better case then the Athenian Iudges , who had their Fabas , or the Venetians who had their Globulos , or the Romans who had their Tabellas wherein their sentences were written , and so no power left to the Iudge : ) but if there be any thing permitted to your Wisedomes , see I beseech you , how you may improoue it to doe god the best seruice , that is , to make vse of it there where the honour of God is least prouided for , as in that which is so deere to God , his Name . If the King be spoken against , it is high Treason ; if a Noble man be traduced , it is punishable by the Statute of Scandalum Magnatum , and a priuate man hath his remedy by action ; onely the Name of God though deere to him , yet not so tenderly regarded , but as it is most grieuously of all sorts rent and torne by that common and needlesse sinne of swearing , so hath Law very slenderly prouided punishment of it : Herein your Honors might be pleased so to improue your authoritie , that ye might doe God Almightie a good office , and after a sort ( without offence ) make him beholding to you .

And where there bee lawes in force against the sinnes of the times , I beseech you put them in execution ; let there neuer bee such a complaint , that there wants yet one law for the execution of the rest .

Execution is the life and edge of the Law , without this al seuere and religious charges , will proue but like Iupiters blocke and papershot , terrible in noyse , but harmelesse in euent : but our experience hath made vs formerly happy in you , and your owne loue of truth doth amply secure vs in time to come . Onely neuer forget in whose roome ye stand , and that ye bee fingers of that hand which gouernes all ; And , He that iustifieth the wicked , &c.

In the next place I direct my speech to the learned practitioners of the Law , who are the Physitians of the body Politique , but now let mee take heed I speake nothing will beare an action of Exception , I quarrell not with your calling , I hold it not onely lawfull , but needfull , yea honorable : I complaine not of your multitude , nor enuy I your rising and greatnesse , nor shall I speake out of any priuate grudge to any , for I thanke God I can speake neither good nor euill by mine own experience of any of you ; neither in truth doe I approoue the practise of the Siciones , whose Embassador told King Ptolome ( inquiring the state of their Common-wealth ) that they maintained no Physitians who corrupted health , nor Lawyers that disguised the truth ; much lesse that of Pope Nicholas the third , who thrust all the practitioners of law out of Rome , saying they liued on the bloud of the people .

And yet I cannot but meruaile , seeing the hardnes of the times hath bound men to the peace , that some of you bee heard ( like tradsmen on a wet faire day ) to complaine of a bad market , a small Assises , a few Nisi priuses : is peace on Earth so vnwelcome , it being the best thing the Angels brought from heauen to earth , and that Christ left his Disciples when hee went from earth to heauen , as if the Physitian should repine that his Patient mends ? But doth not this more then euidently declare that manie of you are birds of the prey , & that ye can not liue but in troubled waters ?

Manie of you haue excellent parts of learning ; and speech improoue these for the Widdow , and the Orphan , and for them in for forma pauperis , ( but these are as welcome as Lazarus to Diues . ) Howsoeuer and whosoeuer pay the fee , be sure ye bee seruants to Law and Iustice ; pleade no bad causes , lett not out your selues to falshood for a fee . God gaue you not those abilities of nature , manured by breeding and education , to colour iniquitie withall ; Oh what pitie it is to vse so good stuffe in dying so false colours ? And what will yee pleade when God comes to reckon with you for your Talents ? Neither gaining ( with the best ) nor yet ( with the worst ) hiding : but ( which is farre more intolerable ) abusing them to your Masters disaduantage .

I can but wonder ( except in some doubtfull and rare case ) that anie Lawyer should faile if the case be put right , & as much that anie Client should proceed , vnlesse encouraged and warranted by his Counsell : yet of foure score Nisi prius-es not one goes away for want of Counsell of either side , and yet I am sure the one halfe are in Errour , and must speake for it ; how much better should you deserue your fee , to deale as plainely as the honest Physitian with a desperate sicke man , and tell him his case is irrecouerable ? Therefore vayne it is to trouble himselfe and spend his money , and thus to cast cold water vpon the fire of Contention , which you seeme indeed to doe ; but experience shewes , that some of you bring not water to put it out , but oyle to increase it , and so ( like bad helpes at an house on fire ) in that hurly-burly serue your owne ends .

I hope here be none heare me that wil be reteined on both sides , & so take a fee and a fee , or rather a fee and a bribe , and then ( as Aeschines sometime twitted Demosthenes , ) like that part of the ballance incline to that partie from whence it receiued most , which will soone turne either way because it 's gold weight .

I hope also here be none to be found guilty of that imputation , which Hildebert Bishop of Ments sometime laid vpon the Roman Lawyers ; Imploy them and they will delay you , imploy them not and they will hinder you ; no , let this be as farre from our as Rome is from England . And it were to be wished that Cate's aduise were in vse among vs , that none should bee called to the barre who are eloquent in bad causes : surely it will bee but a poore excuse another day to say I spake for my fee , and therefore must make candida de nigris & de candentibus atra , something of nothing . For your fee ? May I not say as our Sauiour in another case , Verily you haue your reward : For your fee ? Is not this with Balaam to earne the wages of vnrighteousnesse , and little lesse then with Achab to sell your selues to worke wickednesse ? When Bassianus had slaine his brother and Co-emperour Geta in their mothers armes , he intreated Papinianus a famous Lawyer to pleade his excuse , whose Noble answere I commend to all of his profession ; Non tam facile est excusare quàm facere fratri-cidium , It 's easier to doe wickedly then to excuse wickednesse ; No , thou maiest commaund my necke to the blocke , but not my tongue to the barre .

Take heede also of these needlesse delayes which prolong suites , as ill surgeons doe cures when they heale ( for their profit ) too fast : I would there were such a Law with vs as was in France , that all suites should end within the yeere , but heere one suite will last many yeeres although it bee worne euery Terme . If all such Demurrers had such a Iudge as was Galeace Duke of Millaine , who caused one to bee hang'd for his delatory pleas in a manifest and cleere debt , it would bee much auayleable to iustice ; but these delayes are to the client like exquisite torments , which cause the tormented to dye often in one death . And indeede those among you in this respect make more aduantage of time then the greatest vsurers , who onely sell forbearaunce , but you make your profit both of delayes and of Expedition too .

As for all other trickes and windings of iniustice , as to stop witnesses , to outface truth with breaking of iests , with a number of such inuentions to plucke your Clients like geese , leauing them naked to feather your owne nests ; let them bee held vnworthy of free and ingenuous spirits , and bee left to men vnworthy , hauing neither law nor conscience , and therefore must sell such as they haue for the fee .

Your Profession is honourable ; vse it so then , in respect of God , to promote his honour ; in respect of your Countrey , for iustice exalteth a nation ; in respect of your selues , for Integritie hono'rs you more then your places ; in respect of your posteritie that your Honour may bee lasting , lest you beginne your house , and your sonnes end it ; for an house built of Powlings and oppressions cannot stand long , but like the Treasurer Shebna's , who comming vp of nothing thought to make himselfe Immortall by his famous sepulcher , but was swept away like dung and dyed miserably among the Assyrians : And thus doth the Lord sweepe such houses with the beesome of destruction . But put case they should continue , & that they should call their lands after their names , yet enuy not the oppressor , and chuse none of his wayes ; for alas what is it to leaue his posteritie great , and himselfe dye abhorred of God ? For , Hee that iustifieth &c.

And now as I goe I must also call to the Worshipfull vpon the Bench , intreating that none of them doe vse his power at home , or his grace with the Iudge here , to the maintenance or Countenance of any wickedman , to hold vp any disorderly Ale-house against the best disposed in a towne , who finde the inconuenience in children and seruants .

Let him not seeke to curbe or crush any honest neighbour that ( as he thinkes ) stoopes not enough to him , nor doe anie ill office to any good man , because he gratified him not at New yeare let him not smother any drunkennesse , whoredome , or any other lewdnes , though in some of his tenants or reteiners : In a word let him not stand vp all this Assises to speake or bee seene in a bad cause , least seeking to make himselfe great in his Countrey , hee makes himselfe odious to God . For He that iustifies , &c.

And lastly Witnesses and Iurors are to bee exhorted that they would make more conscience of an oath , in it selfe so sacred and so solemne a part of Gods worship ; knowest thou , thou profligate wretch ( who makest no bones of falsifying thy oath ) whom thou wrongest ? God , the Iudge , the Innocent . Thou offerest a most impudent indignity to God , whose presence thou contemnest ; for by thy oath thou callest him to witnesse thy lye , whereby thou both ( as much as in thee lyeth ) makest God partner in the vntruth , and also callest him to punish thee for it . Thou wrongest the Iudge also , Quem mentiendo fallis ; for through thy lye , hee not rightly informed ( if hee proceede as hee ought ) must needes eyther iustifie the wicked , or condemne the Iust . As for the Innocent , Quem Testimonio laedis , hee is cleane vndone and vtterly ouerthrowne , and so the most vpright and honourable tryall that any nation hath by the oathes of so many , is made the most base and despicable through the slighting so sacred a bond : and I doubt not but also for oaths of this nature , the Land mourneth ; for how common is it vpon a Iezebels letter to finde wicked men that will forsweare themselues to accuse Nabaoth , or other that with Doeg , to please Saul will accuse Abimelech the Priest , or to serue their owne turne with Ziba will accuse faithfull Mephibosheth ? It would make a man who knowes the reuerence of an oath , to tremble , to see and heare you of the Common sort , how desperately , and home yee will sweare , especially in these two Cases , of Custome against the Church , and Coppy-hold against the Lord ; but remember Prouerbs 19. 9. A false witnesse shall not bee vnpunished ; for , He that iustifieth , &c.

Thus is the sinner both Cast and Condemned ; there remaines nothing now but Execution , which wee referre to the Lord Chief-Iustice of all the world , who sits in the great Starre-Chamber : and if hee pay them not home at the stubbe , striking them in the very act of iniustice , as hee often doth , yet shall they bee reprieued but for a time , euen to that great and blacke Assises , when euery one shall receiue according to his worke .

Me thinkes I see the corrupted Iudge , the prostituted Lawyer , the suborned witnesse , the plyant Iuryman , with all the Hangbyes and appartenances to Iniustice , together with all those , who hauing bought iustice by the lumpe , doe boldly fell it againe by retayle ; Mee thinkes I say , I see all those at that day , with ghastly lookes , and despairing hearts , bringing backe and casting from them their ( more then thirty ) pieces , crying out , We haue sinned , in betraying innocent blood .

But no confession , no nor yet restitution shall then auayle , much lesse can any hope of freedome by friends or bribes ; Nec prece ne● pretio shal any there escape : seeing Iustice there was neuer yet corrupted , but remaines a Virgine gloriously mounted , supported on the one side by Leo ( courage ) fearing the face of none ; and on the other by Libra ( equity , ) accepting the person of none . The countenance of the seuerest iudge will not bee so fearefull to the guilty prisoner as that day will be to the Iustifier of the wicked , and Condemner of the iust ; for , Euen they both are an abomination to the Lord .

FINIS .