an act appointing judges for the admiralty. england and wales. parliament. this text is an enriched version of the tcp digital transcription a84559 of text r211187 in the english short title catalog (thomason 669.f.21[37]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84559 wing e979 thomason 669.f.21[37] estc r211187 99869918 99869918 163533 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84559) transcribed from: (early english books online ; image set 163533) images scanned from microfilm: (thomason tracts ; 247:669f21[37]) an act appointing judges for the admiralty. england and wales. parliament. 1 sheet ([1] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : 1659. order to print dated: 9th of may 1659. signed: tho. st nicholas clerk of the parliament. annotation on thomason copy: "may 20". reproduction of the original in the british library. eng admiralty -england -early works to 1800. judges -england -selection and appointment -early works to 1800. a84559 r211187 (thomason 669.f.21[37]). civilwar no an act appointing judges for the admiralty. england and wales. parliament. 1659 207 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion an act appointing judges for the admiralty . be it enacted by this present parliament , and by the authority thereof , that john godolphin , doctor of the laws and charters , george cocke esq be , and are hereby nominated , constituted and appointed judges of the admiralty . and the said john godolphin and charls george cocke , are hereby authorized , impowered and required to hear , order , determine , adjudge and decree , in all matters and things as judges of the admiralty , in as full large and ample maner as any other judge or judges of the admiralty at any time heretofore might or ought lawfully to do : to have , hold , exercise and enjoy the said office or place of judges of the admiralty , until the thirtieth day of june 1659. and no longer . ordered by the parliament , that this act be forthwith printed and published . passed the 19th of may 1659. tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament , and are to be sold at the seven stars in fleetstreet , over against dunstans church , 1659. a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament. this text is an enriched version of the tcp digital transcription b02981 of text r175097 in the english short title catalog (wing e1497a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 b02981 wing e1497a estc r175097 52612147 ocm 52612147 179438 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02981) transcribed from: (early english books online ; image set 179438) images scanned from microfilm: (early english books, 1641-1700 ; 2789:5) a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament. 1 sheet ([1] p.) printed for edward husband, printer to the honorable house of commons, london : febr. 9, 1648. caption title. initial letter. text of declaration in black letter. order to print dated: die jovis, 8 febr. 1648. signed: hen: scobell, cleric. parliament. reproduction of the original in the harvard law school library. eng courts -england -17th century. judges -england -selection and appointment -17th century. broadsides -england -17th century. b02981 r175097 (wing e1497a). civilwar no a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament 1648 115 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 tcp assigned for keying and markup 2008-08 spi global keyed and coded from proquest page images 2008-10 john pas sampled and proofread 2008-10 john pas text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion a declaration of the parliament of england , concerning proceedings in courts of iustice . the parliament of england now assembled do declare , that being fully resolved to maintain the fundamental laws of this nation for the good of the people ; and having appointed iudges for the administration of iustice in execution thereof , do expect that they proceed accordingly . die jovis , 8 febr. 1648. ordered by the commons assembled in parliament , that this declaration be forthwith printed and published . hen : scobell , cleric . parliament ' . london : printed for edward husband , printer to the honorable house of commons . febr. 9. 1648. an act appointing judges for the admiralty. england and wales. parliament. this text is an enriched version of the tcp digital transcription a84561 of text r211227 in the english short title catalog (thomason 669.f.21[62]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84561 wing e980 thomason 669.f.21[62] estc r211227 99869957 99869957 163557 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a84561) transcribed from: (early english books online ; image set 163557) images scanned from microfilm: (thomason tracts ; 247:669f21[62]) an act appointing judges for the admiralty. england and wales. parliament. 1 sheet ([1] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : 1659. appointing john godolphin and charles george cock to be judges of the admiralty until 10 december 1659. order to print dated: tuesday, july 19. 1659. signed: tho. st nicholas clerk of the parliament. reproduction of the original in the british library. eng godolphin, john, 1617-1678 -early works to 1800. cock, charles george -early works to 1800. admiralty -great britain -early works to 1800. judges -great britain -selection and appointment -early works to 1800. a84561 r211227 (thomason 669.f.21[62]). civilwar no an act appointing judges for the admiralty. england and wales. parliament. 1659 209 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 emma (leeson) huber sampled and proofread 2007-12 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag (1649-1651) an act appointing judges for the admiralty . be it enacted by this present parliament , and by the authority thereof , that john godolphin doctor of the laws , and charls george cock esq be , and are hereby nominated , constituted and appointed judges of the admiralty . and the said john godolphin and charls george cock , are hereby authorized , impowered and required to hear , order , determine , adjudge and decree , in all matters and things , as judges of the admiralty , in as full , large and ample maner , as any other judge or judges of the admiralty at any time heretofore might or ought lawfully to do ; to have , hold , exercise and enjoy the said office , or place of judges of the admiralty , until the tenth day of december , and no longer . tuesday , july 19. 1659. ordered by the parliament , that this act be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , 1659. his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits at the last summer assize. charles i, king of england, 1600-1649. this text is an enriched version of the tcp digital transcription a31948 of text r26000 in the english short title catalog (wing c2392). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 8 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a31948 wing c2392 estc r26000 09312790 ocm 09312790 42707 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a31948) transcribed from: (early english books online ; image set 42707) images scanned from microfilm: (early english books, 1641-1700 ; 1304:52) his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits at the last summer assize. charles i, king of england, 1600-1649. 6 p. printed by leonard lichfield, oxford : 1642. reproduction of original in the harvard university library. eng judges -great britain. justice, administration of -great britain. great britain -politics and government -1642-1649. a31948 r26000 (wing c2392). civilwar no his majesties letter of instruction directed and sent to the iudges of assize of the severall circuits, at the last summer assize. england and wales. sovereign 1642 1389 1 0 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2005-10 tcp assigned for keying and markup 2005-10 aptara keyed and coded from proquest page images 2005-11 mona logarbo sampled and proofread 2005-11 mona logarbo text and markup reviewed and edited 2006-01 pfs batch review (qc) and xml conversion his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits , at the last summer assize . printed , by his majesties command , at oxford , february 7. by leonard lichfield printer to the vniversity . 1642. his majesties letter of instruction directed and sent to the judges of assize of the severall circuits . trusty and well-beloved , wee greet you well . we call to mind , that in former times the constant custome was , by the mouth of the lord keeper for the time being , at the court of star-chamber , in the end of trinity terme , to put the judges of assize ( shortly after to undertake their severall circuits , ) in mind of such things as were then thought necessary for the present , for the good government of the kingdome . this course in our judgement ▪ we doe so well approve of , that although we want that oportunity which we and our predecessors then had , of communicating our thoughts to our iudges , for the good of our people : yet we doe still retaine the same care for the safety and prosperity of our good subjects ; and much more by how much the distempers and distractions of the present times , unhappily fallen , have given us more occasion . we have therefore thought it fit to supply this defect by these our letters ; wherein beside the generall care of our iustice committed to us by god , and by us delegated to our iudges by our severall commissions , we recommend unto you in your circuit , as we shall doe to the rest of your brethren in their severall circuits , more especially these particulars following . first , that ye take care by all the best meanes you can , to suppresse popery in all those counties whither you are to goe , by putting the lawes made against them in due execution : and that you take the like care to give a stoppe to the overhasty growth of anabaptisme , and other schismes , as farre as by the good lawes of this land you may , and to punish the delinquents with an equall hand ; and those especially of either sort , whom you shall discover to be seditiously stirrers and moters of others , to any act of disobedience to us , and to our government . and that in your charges and otherwise , as you shall have fit opportunity , you assure our good subjects in our name , and in the word of a king ( who calls god to witnesse of his integrity and sincerity therein ) that by his gratious assistance , we are constantly resolved to maintain the true protestant religion established by law in this church of england , in the purity thereof , without declining either to the right hand or to the left , as we found it at our accesse to the crowne , and as it was maintained in the happy times of queen elizabeth , and king iames ( our deer father ) both of happy memory ; and therein both to live and dye . secondly , you shall let our people of those counties know , that according to our kingly duty and oath , we are also constantly resolved to maintain the lawes of this our kingdom , and by , and according to them , to governe our subjects , and not by any arbitrary power , whatsoever the malevolent spirits of any ill-affected to our person , or government have suggested , or shall suggest to the contrary ; and that we shall also maintain the just priviledges of parliament , as farre as any of our predecessors have done , and as farre as may stand with that iustice which we owe to our crowne , and to the honour thereof . but that we may not , nor will admit of any such unwarranted power in either or both houses of parliament , which in somethings hath been lately usurped , not only without , but against our royall consent and command ; and we require and command you , as there shall be just occasion offered , in a legall way , that you take care to preserve our just right in those cases . thirdly , we charge you , as you tender the peace of the kingdom , ( in the government whereof , according to our lawes , you our judges of the law have a principall part under us ) that you take care for the suppressing of all insurrections ( if any such should happen ) and of all riots , and unlawfull assemblies , under any pretence whatsoever , not warranted by the lawes of the land , and whosoever shall transgresse therein , that you let them know , that they must expect that punishment which by the law may be inflicted upon them , and at your hands we shall look for such an accompt herein , within your circuit , as becometh the quality of the place wherein you serve us . fourthly , because these distempers of the present times , unhappily stirred up , and fomented by some , under specious , but unjust pretences , are probable to stirre up loose and ungoverned persons , under hope of impunity , as farre as they dare , to make a prey of our good subjects , we strictly charge and command you to take the best order you can in those counties , that rogues and vagabonds , and other disorderly people may be apprehended , dealt with , & punished according to the lawes , whereby the good and quiet people of our kingdom may be secured , and the wicked and licentious may be suppressed . and we charge and command you to give it in charge in all the counties whither you are sent by our commissions , that watches and wards , be strictly kept in all parishes & places convenient , whereby the lawes made against such disorders may be put in due execution . fiftly and lastly , you shall let our people of those counties know from us , and by our command , that if they shall preferre unto us , or unto you in our stead , any thing wherein they hold themselves grieved , in an humble and fitting way , and shall desire a just reformation or reliefe , we shall give a gratious eare unto them , and with all conveniency return them such an answer , as shall give them cause to thank us for our justice and favour . and when ye shall have published our cleer intentions to our people in these things , least , at the first hearing , they should not so fully apprehend our sence therein , you shall deliver a copy of these our letters to the foreman of the grand-jury , and to any other , if any shall desire copies of these our letters for their better information , you may deliver the same . and to the end that our service in your circuit may not suffer through the absence of our learned councell ; our will and command is , that you assigne in every place of your sessions some of the ablest lawyers who ride that circuit , to be of councell for us , to assist in such pleas of the crowne , as may be most necessary for our service , in the examination and punishment of notorious delinquents . of all these things we shall expect that good accompt from you , as we shall from the rest of your brethren our iudges , to whom we have also written to the like purpose , ( of whose fidelity and good affections we are confident , ) as becometh us to look for from you , and for you to render to us , from whom you have so great a trust committed . given at our court at yorke the 5 of iuly 1641. two speeches spoken at oxford by the right honovrable, edward, earle of dorset before his majesty and the lords of his privy-councell the one at his receiving the office of lord privy-seal : the other at his being made president of his majesties councell : shewing his good affection to the parliament and the whole state of this kingdome. dorset, edward sackville, earl of, 1591-1652. this text is an enriched version of the tcp digital transcription a36379 of text r22239 in the english short title catalog (wing d1952). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 11 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a36379 wing d1952 estc r22239 12124045 ocm 12124045 54503 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a36379) transcribed from: (early english books online ; image set 54503) images scanned from microfilm: (early english books, 1641-1700 ; 242:e83, no 45) two speeches spoken at oxford by the right honovrable, edward, earle of dorset before his majesty and the lords of his privy-councell the one at his receiving the office of lord privy-seal : the other at his being made president of his majesties councell : shewing his good affection to the parliament and the whole state of this kingdome. dorset, edward sackville, earl of, 1591-1652. 8 p. for edward harley, london : [1643] originally published: oxford: leonard lichfield, 1643? according to madan the supposed oxford edition probably does not exist. concerned with the functions of judges and councilors. reproduction of original in thomason collection, british library. eng dorset, edward sackville, -earl of, 1591-1652. judges -england. a36379 r22239 (wing d1952). civilwar no two speeches spoken at oxford, by the right honourable, edward, earle of dorset, before his majesty, and the lords of his privy-councell. th dorset, edward sackville, earl of 1643 1997 1 0 0 0 0 0 5 b the rate of 5 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2003-05 tcp assigned for keying and markup 2003-05 apex covantage keyed and coded from proquest page images 2005-04 judith siefring sampled and proofread 2005-04 judith siefring text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion two speeches spoken at oxford , by the right honovrable , edward , earle of dorset , before his majesty , and the lords of his privy-councell . the one , at his receiving the office of lord privy-seale . the other , at his being made president of his majesties covncell . shewing his good affection to the . parliament , and the whole state of this kingdome . first printed at oxford by leonard lichfield , and now reprinted at london for edward hartley . two speeches spoken at oxford by the right honourable edward earle of dorset , before his majesty , and the lords of his privy-councell . my lords , i am now by the death of the earle of manchester , through his majesties speciall favour invested with the keeping of the privy seale , an office of which i have had long the reversion , and by the possession of it i am intituled to one of the supremest places of judicature in the kingdome ; made judge , ex officio , of the second court of conscience in england , namely , the court of requests instituted by that solomon of our nation , henry the seventh for the ease and reliefe of the subject , tyred with the tedious processe of suites in chancery : and surely , in the earle of manchesters time , the court of requests had few lesse suites depending in it , through the industry and equity of the man , then the chancery it selfe . so perfectly was he skilled in all the nicities of the lawes , having passed through all the signall offices of the gowne in this kingdome . and surely , my lords , it will be a hard matter for me , who am not so well versed in the lawes , to governe that province so exactly as my predecessor ; yet sure i shall make it the supreamest end of my endeavours , to performe my charge , though not with so much law as he did , yet with as much conscience . conscience , which as it is the fountaine from which all good lawes are derived , ought to be used in administration of those lawes ; and that i shall not faile in , but faithfully accomplish the trust imposed on me by his sacred majesty , and performe right to the subject , according as right it selfe shall direct me . my lords , i could never like the over-severity of those judges , who by a modest tyranny , authorized by custome , strive to lengthen their rule over wretched men , by an infinite processe of formall orders , detaining the causes of clyents so long in their courts , till that which should rectiifie and settle the breaches and cavils in mens estates the law it selfe , consumes them : very many persons of good ability beginning suites for sleight matters , in the meere law costs expending the best part of their fortunes . and is it not a thing much to be lamented , that the law , which ought to be the repressor and composer of injuries , should prove to the party injured a greater injury then the injury it selfe ? that the cure of a disease should carry in it a more lingring and fatall malady then the disease it selfe ? surely judges and too many such there are or have been , forget that goddesse , under whose suffrage they should pronounce sentence , i meane justice ; when they suffer the poore clyents to be so grated , as it were to powder by the lawyers . themselves , though they dare not openly prostitute faire justice , virgin whitenesse , yet doe they adulterate her purity by proxie , having their factors to vent that commodity , which indeed should not be bought for silver or gold , justice ; but now , quantum quisque sua nummorum servat in arca , tantum habet & legis . — no penny , no pater-noster ; no coyne , no law : a hard case when people must pay for that which is their right , or else be oppressed with injury , so that that devill money , hath usurped the seat and heavenly countenance of that angell justice . the egyptians in their hieroglyphicks deciphered justice under the figure of an elephant ; the nature of that beast for his strength being aptest to carry great burthens : intimating thereby , that on the backe of justice all the weight of the common-wealth should be imposed , it being the only supporter of its welfare . but weake must that pillar be which hath so infirme a basis to rely on , as is injustice , nor can there be a more eminent wrong to the subject , then to make poore men from the furthest parts of this kingdome , comming to london about law-businesse , wait there , or come up thither terme by terme for divers yeares ; no , nor a greater detriment to their estates . i was once in minde therefore ( if it had pleased god , that we who are servants to his majesty , had continued at london ) to have made it a motion to the high court of parliament , for passing a definitive sentence with his majesties consent against this tedious prorogation and delaying of suites ; but the more are the times to be lamented , that this , nor any law else of consequence for the good of the subject can be enacted , by reason of these civill uncivill wars and differences betwixt his sacred majesty , and his high court of parliament . were those reconciled by a faire and happy unity , i should with much joy and alacrity of spirit enter upon this honourable office , and mannage it so , as i should discharge a good conscience to god , the duty of a true subject to my prince , and the honesty & integrity of a judge , to those who have causes depending before me . but i should seeme too much my owne trumpet , did not your selves , my lords , in your candid dispositions beleeve what i have uttered ; which when it shall please god and his majesty , that i have occasion , amply , as my predecessor did , to execute my office , i shall by my actions give warrantable proofe to what i have now uttered . another speech spoken by the said earle to his majesty when he was instituted president of his councell . the favours your majesty in your royall bounty hath so frequently conferred upon me , so far transcend the meannesse of my desert , that certainly i begin to accuse my modesty for accepting them , and should absolutely condemne it , without allowing it the benefit of its clergie , did not your majesties sacred commands acquit it , which must needs prevaile above all respects of my selfe upon my obedience , and adapt my weaknesse and inabilities for my imployments in your majesties service , which hath , and ever shall be , the only centre of my intentions : your royall goodnesse , like the sunnes vertuall beams , actuating my dull capacity for the discharging any place your gracious bounty shall cast upon me . and though your majesty might have found out other noble men my peers , who would have complied this charge of president of your majesties councell with more dexterity ; yet i dare boldly promise for my selfe , that none amongst them should have performed it with more care and fidelity . the councell of kings are in the hands of the almighty ; and those that are of their councels , ought to regulate their thoughts and actions so for the service of their masters , as they shall not be esteemed mere polititians , working in the gentlenesse and suavity of their natures for their owne ends , but aiming perpetually at the common good , which must needs conduce to the good of the soveraigne . councellers that erre out of this path , are rather to be termed seducers , and as such should be punished , being indeed meere achitophels , crafty and malicious . and i must needs here deplore the present condition of your sacred majesty ( in my sorrow for your royall disasters i expresse my humble gratitude for your bounties ; ) your high court of parliament , from which you are departed hither , being of a settled opinion , as appeares by their declarations , that all the machine of evills , that like so many furies fly through your highnesse dominons , have taken their originall from the perswasions of bad councellors ; if any such there be , or have beene about your sacred majesty , i shall most humbly pray for their removall or conversion from such sinister practises , and thinke my selfe ( my integrity shall gaine a remission for my boldnesse ) ingaged in duty and conscience to informe your sacred majesty , that till such councellors be removed from your gracious eares , there will never be any hopes that the distractions of your kingdomes can be setled , the wounds of which it hath so long bled be imbalmed , much lesse perfectly cured : for how can your parliament , the grand and supreme councell of your kingdome , comply with the desires of your majesty , when they conjecture whatever they shall desire of your majesty for your peoples welfare shall be thwarted & nullified by the intimations of some few private cabinet councellors , which was the reason i conjecture of their humble addresses to your grace for the settling the election of your councellors in the power of the common-wealth , namely , in the trieniall parliament . the councellors to kings , if they should have the misfortune to prove ill ones , having the subjects safety at their mercy , by the royall authority which is then most splendent , when it is most concurrent with the peoples prosperities , and imployed for their defence , and patronage against the oppression of evill councellors ; who by their subtile and malignant practises , doe oft-times , as it were , transforme the hearts of their soveraignes from their native and genuine candor and sweetnesse ; by that meanes rendring their rules odious to their subjects : oderunt quia metuunt , they alwayes detest what they are afeard of , every man naturally hating that which they conceive will hurt them : but your majesties owne wisdome , and the excellent skill your royall knowledge hath in discerning and defining dispositions , must of necessity secure your raigne ( which heaven long continue over us ) from the disease of such pernicious councellors ; it being impossible that your gracious disposition ( though it may be deluded sub apparentia bo●● ) with the angel-like a pearance of these furies , that it should againe be deceived by their devices ; so that if there have been any such councellors that have formerly incensed your majesty against your parliament by mis-conceits and jealousies , i doubt not now their advices are of no validity in your gracious judgement ; for mine owne part , with the tender of my life to your majesties service , i prostrate my selfe in all humility at your royall feet for your gracious favours towards me , and crave pardon for my boldnesse , which i am confident , your majesty will grant , knowing it meerely , to be progressive from my integrity and duty . finis . the lord favlkland his learned speech in parliament, in the house of commons touching the judges and the late lord keeper learned speech in parliament in the house of commons touching the judges and the late lord keeper falkland, lucius cary, viscount, 1610?-1643. this text is an enriched version of the tcp digital transcription a40797 of text r6747 in the english short title catalog (wing f320). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 13 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a40797 wing f320 estc r6747 12988507 ocm 12988507 96260 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a40797) transcribed from: (early english books online ; image set 96260) images scanned from microfilm: (early english books, 1641-1700 ; 259:e196, no 9) the lord favlkland his learned speech in parliament, in the house of commons touching the judges and the late lord keeper learned speech in parliament in the house of commons touching the judges and the late lord keeper falkland, lucius cary, viscount, 1610?-1643. [2], 9 p. s.n.], [london? : 1641. reproduction of original in thomason collection, british library. eng judges -england. great britain -history -charles i, 1625-1649. a40797 r6747 (wing f320). civilwar no the lord favlkland his learned speech in parliament, in the house of commons, touching the judges and the late lord keeper. falkland, lucius cary, viscount 1641 2329 8 0 0 0 0 0 34 c the rate of 34 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2006-11 tcp assigned for keying and markup 2006-11 apex covantage keyed and coded from proquest page images 2007-01 celeste ng sampled and proofread 2007-01 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the lord favlkland his learned speech in parliament , in the house of commons , touching the judges and the late lord keeper . printed in the yeare , 1641. the lord faulkland his learned speech in parliament , in the house of commons . mr. speaker : i rejoyce very much to see this day , and the want hath not laine in my affection , but in my lungs , if to all that hath past , my tongue hath not beene as lowd as any mans in the house yet truely my opinion is , that we have yet done nothing , if we doe no more , i shall adde what i humbly conceive might be added , as soone as i have said something , with reference to him that sayes it . i will desire forgivenesse of the house ▪ if in ought j say , j seeme to intrench vpon anothers profession , and enter upon the work of another robe , since i have bin instructed by there port of a learned committee , and confirmed by the uncontradicted vote of the whole house , since j shall say nothing of this kind , but in order , to somewhat further , and which moves me most to venture my opinion , and to expect your pardon , since j am confident that history alone is sufficient to s●●w this ●udg●ment , contrary to our lawes , and logick alone sufficient to prove it destructive to our properties , which every free and noble person values no lesse then his profession . i will next professe that i know of my selfe , and all those that knowe me , knowe it of me , that my naturall disposition is farre from inclining to severity , much lesse to cruelty , that i have particular provocation from their persons , and have particular obligations to their callings , against whom i am to speake . and that though not for much , yet or more then all i have , so j hope it will be beleeved , that onely publike interest hath extorted this from me , which j would not say , if i conceived it not both so true and so necessary , that no meat undisgested , can lye heavyer upon the stomacke then this unsaid , would have laine upon my conscience . mr. speaker , the constitution of this common-wealth , hath stablisht , or rather endeavoured to establish to us , the security of our goods , and the security of those lawes , which should secure us , and our goods , by appointing for us iudges , so setled , so sworne , that there can be no oppression , but they of necessity must be accessary , since if they neither deny nor delay us justice , which neither for the great nor little seale , they ought to doe . the greatest person in the kingdome cannot continue the lest violence upon the meanest . but this security , mr speaker , hath been almost our ruine , ( this bulwarke ) for us hath beene turned , or rather turned it selfe , into a batterie against us , and those persons who should have beene as dogs to defend the flocke , have been the woolves to worry it . these iudges , mr. speaker , to instance not them onely , but their greatest crimes , have delivered an opinion , and a judgement , the first in an extrajudiciall manner , and both upon an extrajudiciall matter , that is such as came notwithin their cognizance , they being iudges of law , and not of necessity , that is being iudges and neither philosophers , nor polititians , in which , when it is absolute , and evident , the law of the land seaseth , and that of generall reason and equitie , by which particular lawes at first were framed , returnes to her throrne and government , when salus populi becomes not only suprema , but sola le ▪ , at which time , and to which end , whosoever would dispense with the king , to make use of money , dispenses equally with us to make use of his , and one anothers . 1 in this judgement , first they contradict both many , and cleare acts and declarations of parliaments , and those in this very case , and in this very reign , so that for them , they needed to have consulted with no other records , then their memories . 2 secondly they contradicted with apparent evidences , by supposing mighty and eminent dangers , in most serene , quiet , and halcyon dayes , that c●uld possibly be imagined , a few contemptible pyrats , being our most formidable enemies , and there being neither prince nor state , with , and from whom we had not , either ambassadors , or amity , or both . 3 thirdly , they contradicted the writ it selfe , by supposing that supposed danger , to be so suddaine , that it could not stay for a parliament , which required but forty dayes stay , the writ being in no such haste , but being content to stay seaven months , which is that time foure times over . mr. speaker , it seemed generally strange , that they who saw not that law , which all men else saw , should see that danger , which no man saw , but themselves got , though this begot the more generall wonder , three other particulars begot the more generall indignation . 1 the first , that all the reasons for this judgement were such , that they needed not those of the adverse party , to helpe them to convert these few , who had before the least suspition of the legality of that most illegall writ , there being fewer who approved of the judgement , then there were that judged it ; for i am confident they did not that themselves . 2 the second that when they had allowed to the king the sole power in necessity , and the sole judgement of necessity , and so enabled him to take from us , what he would , when he would , and how he would , they yet ●●●temned us , enough , to offer to perswade us , that they had left us our property . 3 the third and last ; and which i must confesse moved me most , that by the transformation of this kingdome , from the estate of free subjects , ( a good phrase mr. speaker , under doctor heylins favour ) into that of villaines , they disabled us by legall and voluntarie supplyes , to expresse our affections to his majesty , and by that to cherish his to us , that is to parliaments . mr. speaker , the cause of all the miseries we have suffered , and of all the jealousies we have had , that we should suffer more , is , that a most excellent prince , hath bin most infinitely abused by his iudges , telling him that in law , his divines telling him that in conscience , his counsellors telling him that in policy , he might doe what he pleased : with the first of these we are now to deale , which may be a good leading cause to the rest , and some in penning those lawes , upon which , th●se men have trampled , our ancestors have sh●●ed the utmost of care and wisedome , for our unstled security , words having done nothing , and yet done all that words can doe , we must now bee forced to think of abolishing the grievers , of taking away this judgment , and these iudges together , & of regulating their successors by their most exemplary punishments , who would not regulate themselves by most evident lawes ; of the degrees of this punishment , i will not speak , i will onely say we have accused a great person of high treason , for intending to subvert our fundamentall lawes , and introduce arbitrary government , whereas what we suppose he meant to doe , we are sure these have done , there being no law more fundamentall , then they have already subverted , and no government more absolute , then they have already introduced . mr. speaker , not onely the severe punishment , but even the sudden removeall of these men , will have a very large effect , in one verie considerable consideration , we onely accuse , and the house of lords condemnes , in which consideration they usually receive advise , ( though not direction from the iudges : and i leave it to every man to imagine how prejudiciall to us , ( that is to the common-wealth ) and how partiall to their fellow-malefactors , the advice of such iudges is like to be , hovv undoubtedly for their owne sakes they vvill conduce to their povver , that every action be judged to be a lesse fault , and every person to be lesse faulty , then in justice they ought to be . amongst these , mr. speaker , there is one whom i must not lose in the crowde , whom i doubt not , but we shall find when we examine the rest of them , with what hopes they have been tempted , by what feares they have beene assayled , and by what , and by whose importunity , they have beene pursued , before they consented to doe what they did , i doubt not i say , but we shall find him , to have bin a most admirable soliciter , though a most abominable judge , he it is , vvho not onely gave away vvith his vvealth , what our ancestours had purchased for us , at so large an expence , both of their time , their care , their treasure , and their blood , and imployed an industrie as great as his injustice , to perswade to joyne vvith him in that deed of gift , but others strove to roote out those liberties , wch we had cut downe , & to make our grievances mortall , and out slaverie irreparable , lest any part of posterity might want occasion to curse him , he declared that power to bee so inherent in the crowne , that it vvas not in the power , even of a parliament to divide them . i have heard , mr. speaker , and i thinke here that common fame is ground enough for this house to accuse upon , and then undoubtedly enough to be accused upon in this house , they have reported this so generally , that i expect not you shovld bid me name whom you all know , nor doe i looke to tell you nevves , vvhen i tell you it is my lord keeper , but this i thinke fit to put you in mind , that his place admits him to his majsties eare , and trusts him vvith his majesties conscience , and hovv pernitious every moment must be to us , vvhilst the one gives him meanes to infuse such unjust opinions of this house into his majesties eare , exprest in that libell rather then declaration , of which many beleeve him to have beene a secretary , & the other puts the vast and almost unlimited power of the chancery into such hands , which in the safest would be dangerous , for my part , i can thinke no man here secure , that he shall find himselfe worth any thing when he rises , whilst our estates are in his breast , who hath sacrificed his countrey to his ambition , whilst he had prostituted his owne conscience , hath the keeping of the kings , and he who hath undone us already by whole-sale , hath power lost in him of undoing us by retayle . mr. speaker , in the beginning of this parliament , he told us , and i am confident every man here beleeved it , before he told it , and not ye more for his telling it , though a sorry witnesse is a good testimony against himselfe , that his majestie never required any thing from any of his ministers , but justice and integritie , against which if any of them have transgressed , upon their heades , and that deservedly , it was to fall , and truely after hee hath in this saying propounded his own condemnation , we shall be more partiall to him , then he is to himselfe , if we slow to pursue it . if therefore my just and humble motion , that we may chuse a select comittee , to draw up his and their charge , and to examine the carriage of this particular , to make use of it in the charge , and if he being a judge , shallbe found guilty of tampering against the publique propertie with judges , who hath thought tampering with witnesses in private defences , worthy of so severe a fine , if hee shall be found to have gone before the rest , to this judgement , and to have gone beyond the rest in this judgement , that in the punishment for it , the iustice of this house , may not deny him that due honour , both to preceed and exceed the rest . finis salus populi, or, a nations happinesse a sermon preached at the assises holden at winchester, iuly 22, 1658 / by edward buckler. buckler, edward, 1610-1706. this text is an enriched version of the tcp digital transcription a30009 of text r30256 in the english short title catalog (wing b5351). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 48 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a30009 wing b5351 estc r30256 11276254 ocm 11276254 47253 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30009) transcribed from: (early english books online ; image set 47253) images scanned from microfilm: (early english books, 1641-1700 ; 1456:23) salus populi, or, a nations happinesse a sermon preached at the assises holden at winchester, iuly 22, 1658 / by edward buckler. buckler, edward, 1610-1706. [4], 24 p. printed for iohn rothwel ..., london : [1658] reproduction of the original in the bodleian library. eng judges -sermons. sermons, english -17th century. a30009 r30256 (wing b5351). civilwar no salus populi, or, a nations happinesse a sermon preached at the assises holden at winchester, iuly 22, 1658 / by edward buckler. buckler, edward 1658 8377 70 0 0 0 0 0 84 d the rate of 84 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2003-06 tcp assigned for keying and markup 2003-06 aptara keyed and coded from proquest page images 2005-02 mona logarbo sampled and proofread 2005-02 mona logarbo text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion salus populi or a nations happinesse , a sermon preached at the assises holden at vvinchester iuly 22. 1658. by edward buckler minister of the gospel at calbourn in the isle of wight . psalm 11. 3. if the foundations be destroyed , what can the righteous do ? lex justa ministros habeat innocentes . aug. in psal. 51. 3. faelix respub. in qua , qui imperat , timet deum — justin. london , printed for iohn rothwel , at the fountain and bare in goldsmiths row in cheapside . to the honovrable the judges for the last western circuit , iudge nicholes one of the barons of his higbnes exchequer , and iudge fountain , with sir henry worsley baronet , high sheriff of the county of southamptoh . honourable sirs , if the publication of this sermon shall be supposed to contribute nothing , that may advance the interest of christ and his people ; but to prove rather an unnecessary addition to that nause●us disease of pamphlets , which the stomack of the nation is already sick of : your selves are my witnesses , how many honorable persons are bound to divide the inconvenience ( or guilt ) of it amongst them . this yet , i confoss , is a supposition , which i expect no entertainment for but with that part of the nation , which is at enmity with the happiness of the whole . and even into these , how untooth some sov●r i● prove , ●et who cantel but tra●●wholesome ? god , i am sure is able to perswade them by as mean a mo●●agelas 〈◊〉 , that it is by no meanes advieable to lay a mine under tho●e founaatons , when they must perish to the ruines o● ; nor to fly in their faces that would prevent the springing of it . the rest , when they look upon it coming to them ( as all sermons doe , or should ) in the name of almighty god , will , i hope , believe , and ccmply with all that is of god in it , for the sendes sake . such as are conversant enough with that invaluable pair of blessings which is the subject of this discourse , to see the nations happiness , and their own wrapt up in it , will find a remember aneer , such as wish well to the land of their nativity , and would contribute to the happiness of it , if they knew which way , will find and in●●●●er , as of their 〈◊〉 and interest . for your selves , although i shall perhaps have more 〈…〉 at my obedince 〈…〉 which hath troubled the press with this paper , then i had to suffer the continued repetition of it : i have yet this relief , that i shall hereby 〈…〉 one evidence of your great affections to the happiness of the nation , your unwillingness that any expedient ( though the mea●est of a thousand ) to remember them wherein it doth consist , and how it is to be provided for , should fall to the ground . when you so earnestly desire the world should know , that you look upon it as your duty to promote religion and righteousness : 't is an offer of very considerable security , that you constantly do and will practise it . you received not your many talents for any purpose that is l●wer then this : nor can you imploy them to any advantage that is higher . your master is not like , by any other improvement , to receive his own with so much usury . whose honour and interest , that you and all of your quality , parts , power , trusts , places , and imployments , may in all your designes and acting● , sincerely aime at , is in the daily prayers of your honours most humble servant , in the things of christ , edvv. buckler . a sermon preached before the judges at winchester assises july the 22th . 1658. psal. 122. 4 , 5. whither the tribes go up , the tribes of the lord ; unto the testimony of israel : to give thanks unto the name of the lord . for there are set thrones of judgement , the thrones of the house of david . upon davids bringing the ark to ierusalem , he pens this psalm ; his grateful apprehension of the happiness of that church and kingdome , under the present dispensations of a gratious god , discovers it self . 1. in the title , 't is a song of degrees , which ( to omit other nations about it ) lunius translates , canticum excellentissimum , a most excellent song : the notes of any other being by no means high enough to celebrate blessings of such a character , as are here mentioned . 2. in the psalm it self three waies , viz. in 1. a rapture of joy . 2. a description of the happiness he lay under the contemplation of . 3. an exhortation to prayer for the continuing of it . the text is within the compass of the second of these , the matter of that peoples happiness , described in three great enjoyments , viz. 1. union , vers. 3. 2. religion vers. 4. 3. righteousness , vers. 5. i have pitcht upon the two latter , religion and righteousness . 1. religion , a full provision for the free enjoyment , holy solemnity , and due administration of the ordinances of god . you will see it in considering the fourth verse , in these five particulars , viz. 1. the place . 2. the persons . 3. their actions . 4. their ground . 5. their end . 1. the place , whither . relating to ierusalem mentioned in the third verse , where the ark of god was placed , which was a testimony of his presence with them ; where that was , god was , there he promised to meet his people , and to commune with them , and there he commanded his people to meet him , hither the tribes came up . had they gone one tribe to dan , another to bethel , a third to hierusalem , it had not been a religion good enough to make a blessing of . 2. the persons , the tribes . not here and there a man , but a multitude , and not a multitude of men condemnable as so many formalists , poor ignorant souls , under low administrations and in the dark , for their punctual attendance upon ordinances ; they were the tribes of the lord , all owned as his by a standing in his church , very many by a place in his heart ; he that doubts this , did never consider how many thousands of every tribe were sealed for the servants of god in their foreheads , ( revel. 7. 4 , &c. religion in any nation , looks best like a mercy , that is , like it self , when it bindes up the people of it together by multitudes . 3. their actions , the tribes go up , rather indeed their freedome and liberty , there was no lion in the way , the law sent them , & the magistrate kept them company : he went with the multitude to the house of god , psal. 42. 4. religion is then a pure , an unmixed mercy , when a people can enjoy it , discharged of all encombrances , and never thrives into a greater blessing , then when it sucks the brests of kings isa. 60. 16. 4. their ground , to the testimony of israel . i know these words are diversly expounded , i incline to their interpretation , who reade them for a testimony , and do mean a testimony of that peoples conformity to gods commands : t was his ordinance that hither the tribes should come , and this was witness enough to israel , that there was a jus divinum in that solemnity . that religion , or that part of religion , will never be able to contribute to a peoples happiness , that is not able to shew its pedigree , that it came down from heaven ; you may by no means set it down amongst a nations priviledges , if god can say , i commanded it not , neither came it into my heart , ier. 7. 31. 5. their end , to give thanks unto the name of the lord . a part of gods worship and service put for the whole . when a religion is set up for any , except meerely for religious ends , they much mistake , that look upon it as any part of a peoples glory . that 's the first ingredient to that peoples happiness , religion . 2. righteousness . there are set thrones of iudgement , the thrones of the house of david . a full provision for the administration of iustice , and the happiness of that state and kingdome thankfully acknowledged . in the 1. enjoyment of it for the present , there are set thrones of iudgement . 2. settlement of it for the future , the thrones of the house of david . 1. the enjoyment of it for the present , there are set thrones of iudgement , a very amiable and pleasant prospect , where we see : 1. iudgement , that is , recta judicatio justi atque injusti . it hath , its true , in scripture many acceptations , but is here made up of hearing and determining , whether the cause depending be criminal or civil , as it is also in lev. 19. 15. and to expound it ( as we must do ) into a blessing , ( for the judgement is not yours , but gods ) we are necessitated to interpret it , of a hearing . 1. with understanding , both matters of fact , and matter of law . the persons that sate here , were wise men and under standing , in deut. 1. 13. and this was it that qualified them for their commission . those people are possessed of a very desirable priviledge , whose administrators of law and justice , are under characters of gods own prescribing , and have not the hearing of causes in the dark . 2. with patience . it is hardly iudgment , if it want deliberation , which is well worth the laying out upon all concernments , where we can mistake but once . the reason why the lacedemonians dwelt so long upon causes that were capital ; si in capitis discrimine erraverint , non est corrigendi consilii potestas . loss of life is among those damages that are not capable of reparation . and even in lower cases , temeritas judicis may be , calamitas innocentis ; hasty sentences may throw misery upon the guiltless ; which david , you may be sure , would never put upon the account of a peoples happiness . 3. with both ears . there be , you know , cases in which there may be nothing but iustice in the decision , and not a jot in the desider . and we must understand it . of a determining . 1. by law . no iudgment hath any other foundation . you have nothing to discover offenders by , but this glass ; nothing to restrain them with , but this bridle ; nothing to smite them withal , but this sword . if iudgment flow from any other spring , how easily is it turned into wormwood ? and how directly destructive is it to the very end that lawes were made for ? ( cum jus ab uno viro homines non consequerentur , inventae sunt leges . the judgement of god is according to law ; else would he punish where there is no transgression : so is iudgment in the text , what else doth it make amongst that peoples priviledges ? 2. by law , quietly suffered to speak its own meaning ; which in states and kingdomes ( as davids was ) professing religion , can never be expounded into an opposition to the law of god . legislation , its true , is the highest act of the highest powers on earth ; yet as it is our interest to know they have no power , so it s our duty to believe they have no intent , to cross in any one iota , the will of heaven ; if they do , such laws and iudgements must not take it amiss , if we be not able to reckon them amongst the materials of our happiness . for sin is a reproach to any people , pro. 14. 34. this is judgment . 2. thrones of judgement . the administration of lawes hath from the beginning been allowed its ensignes of state and majesty ; christ himself , when he is described as a iudge , is represented sitting upon a throne , and a glorious train waiting upon him , mat. 25. 31. and all nations have seen cause to distinguish their magistrates , especially when in the exercise of their office , by some or other mark of state and dignity , from other men ; that rods , axes , lictors , gowns , maces , swords , trumpets and the like , might bespeak that fear and reverence of the people , which all authority must endeavour to beget , and nourish in that great and many-headed body , or resolve to be trampled upon . when delinquency shall be allowed its gallantry , and justice shall sneak up and down in a despised posture , and a vulgar equipage ; it may perhaps bespeak a people thrifty , but by no means happy . here ●are thrones of judgement : and these 3. are set . the margin tells us that the original is of the active voice , there do fit thrones of judgment . the like expression you have in dan. 7. 26. the judgement shall sit . and yet it is not the judgment that doth sit , but the iudges . mirum aenigma , saith augustine , t is a strange , a wonderful riddle . be it so , yet it is doubtless a duty to expound it the duty , 1. of the iudges . iudgment is mentioned , and iudges are meant . is it not to remember them , that iustice and judgment should not be accounted amongst their accidents , which may be present or absent , without the destruction of their subjects ; but should be lookt upon as their very forme , bestowing upon them both their essence and denomination ? ... the duty 2. of the judgement . to sit is a posture of composedness . when judgments are not calm , deliberate , digested , this part of the text may ( for all them ) be a riddle still . but let 's suppose the active to be put for the passive , and that thrones are set ; yet this doth david look upon as a happiness , that the kingdome was in a posture of executing judgment : 't was so protempore , and even that is a mercy fit to be acknowledged . blessings from hand to mouth are blessings , and obligations to thankfulness . but here is withal , 2. the settlement of it for the future , the thrones of the house of david . thrones of judgement there were before ; but by the injury of the times often interrupted , alwaies changeable : but god had built david a sure house , ( 1. reg. 11. 38. ) settled him the supreme magistrate over that people ; they might now know upon what to bottome , and where to seek for the administration of justice . civil government is a nations blessing ; the settlement of it is the addition of another , or a very merciful augmentation of the former . as such god doth promise it , ( 1. reg. 17. 14. ) as such ( in the text ) doth david acknowledge it ; and so will every body else that believeth solomon , prov. 28. 2. for the transgression of a land many are the princes thereof . and so you have a short view of the particulars in the text , the matter of davids joy , and his peoples happiness ; a full provision for religion , vers. 4. and for the administration of iudgment and righteousness , vers. 5 , and because i may not attempt to prosecute them in all their branches , i must deale in grose , and wrap up as much of both verses as i can , in this proposition or point of doctrine . the condition of a people is then happy , 〈◊〉 fit object of a good mans joy , when religion and righteousness , are joyntly provided for , and carried on together . which i shall indeavour to make out , from 1. scripture , and 2. reason . the scriptures i shall reduce to these — 4 ranks .. viz. 1. these two , religion and righteousness , are promised as a peoples happiness , that god will set his tabernacle among them lev. 26. 11. and his sanctuary in the midst of them , ezek. 37. 26. all necessaries to the exercise of religion . that he will restore their iudges as at the first , and their counsellors as at the beginning , isa. 1. 26. reduce them to their primitive institution ; of the same character they first were , when they came out of gods own hand , all necessaries for the administration of iustice . that he will make their officers peace , and their exactors righteousnesse . esa. 60. 17. when the troubles of a people shall become their peace , and publicans and sinners shall be no longer synonyma's , but two names of the same persons , it s no ordinary blessing . 2. when god would deale with a people in his wrath , he iudicially provides against their enjoyment of these two . upon this account he forsook the tabernacle of shiloh , the ten● which he placed a●ongst men . psal. 78. 60. and gave that people statutes t●at were nor good , and iudgements whereby they should not live . ezek. 20. 25. that by statutes and iudgements , are meant lawes and rules of government , in one kinde or other , is too plaine to be stood upon . of the morall , or iudiciall laws of god , none ( i think ) wil adventure to expound them . of the ceremonial , some have , & to make the epithet here given them , sutable , do distinguish between bonum , non bonum , & malum . but the ceremonies were given in expiationem peccati . these statutes and judgements in 〈◊〉 peccati , those in mercy , and were a part of that peoples glory ( deu. 4. 8. ro . 9. 4. ) these in wrath as a great contribution to their shame and misery , and so must be statues and judgements , i. e. the lawes , government , rites , and customes of men , whom god set over them , or delivered them in his wrath . so there will be no question , why these statutes are sayd not to be good , and but a little why these judgments , such whereby they should not live ; after we have considered , how often in scripture , to live is put to signifie , not simply life , but the convenient accommodations of it , amongst which provision for our religious and civill concernments , is of the first magnitude . this the lord in this sad dispensation ; stript them of , by giving them a government that cared for none of these things . 3. the happinesse of a people is described by these two . what nation is there so great that hath statutes and judgments so righteous , as all that law which i set before you this day ? deut. 4. 8. it is an appeale to the people of israel , whether god had dealt out happinesse to any other nation , at the rate that he had to them ? and the instance is in their statutes and judgements , the provision they had for religion and righteousnesse , statutes being lawes for a people under a sacred consideration , and judgments under a civill . see to the same purpose , psal. 147. 19. 20. 4. ruine is threatned unto a people upon the neglect of these . if it be religion , that nation and kingdome that will not serve her and her children shall perish ; yea , those nations shall utterly perish , esa. 60. 12. if it be righteousnesse , gods soule shall be avenged on such a nation . jer. 5. 29. reasons . 1. from the influence that these two , religion and righteousnesse , have upon a peoples happinesse . an influence , if i may so expresse it , both 1. morall , and 2. physicall . 1. religion and righteousnesse have a morall influence upon a peoples happinesse ; the lord loading● a nation with blessings or curses , according to their care or neglect of these . of this you have a full account in jer. 22. from the first to the seventeenth verse , to which i must but refer you . augustine observes of constantine , that god bestowed more blessings upon him and his people , then others did dare to wish for ; and the contrary of iulian , who yet was a man of a great spirit , and as fit for empire , as the world afforded . that states and kingdomes have naturally their ortus and interitus , their rise , groath , declination , and ruine , i think is but a fancy . it is the blessing of god , entailed ( as it were ) upon the godliness and honesty of a state and nation that makes them prosperous . and t is the curse of god that pursues a wicked people to destruction . if religion be provided for , from this day , ( saith god , will i bless you , hagg. 2. 18. 19. if religion be neglected , you may date from that very point of time , a peoples misery ; and write down every blessing they have left them , spoiled with a curse , mal. 2. 2. if righteousness be provided for , the mountains and hills shall bring such a people peace . psalm 72. 2 , 3. no place so barren , that shall not yield a complication of blessings . if righteousness be neglected , what will such a people do in the day of visitation ? isaiah 10. 3. 2. religion and righteousness , have a physical influence into , they have a natural tendency to a peoples welfare . religion will guide them to , and the due administration of iustice will keep them in the nearest way to all the blessings of the life that now is , as well as of that which is to come . do you but observe that sobriety , temperance , chastity , that patience , humbleness of minde , readiness to forgive , studiousness to be quiet : that industry , care , frugality , laboriousness : that unanimity , love , publike spiritedness , fortitude , prudence , that eye and hand of iustice upon delinquencies as to any of these , which the scripture requires ; and if health , and peace , and riches , and honour , and safety , and every outward blessing , fall not soon●r into your bosomes , then from your strictest observation of all the rules that ever any other booke , or discourse in the world , hath layd down to these purposes ; either there is a wisdome above gods , or he delighteth not in the prosperity of his servants . xenophon looking upon the flourishing condition of the lacedemonians , and considering their inconsiderable beginning , it became the matter of his wonder ; but when he saw the provision they had made for the administration of justice and righteousness , admirari pro●●●is desinebat , his wonder ceased . 2. these two keep god with a people , and do settle them with a people under his protection ; and these neglected , do cause him to depart , and to leave them naked . the lord is with you while ye be with him , but if ye forsake him he will forsake you . 2 chron. 15. 2. if we keep the word of his patience , he will also keep us from the hour of tempta●ion , rev. 3. 10. the happiness of a people is in the presence of god , their misery in his departure from them . when he giveth quietness , who can make trouble ? and when he hideth his face , who can behold him . whether it be done against a nation or against a man onely ? iob. 34. 29. i do not think the practice or that bishop , so great a solecis●ne in politicks , as some others may , who when the enemy was coming upon them , instead of mustering his people , fell a reforming them . ego ( saith he ) curabo ecclesiam , deus pro me pugnabit . i will take care of my church and god will fight for me . though i doubt not , it was his duty to have done it sooner — i might adde 3. that these two are the pillars , the foundation of a state . other things about a building may be neglected , and it scarce be damnified . rafters or tile-stones may be out of order , and the house stand ; but if the foundation●aulter , down comes the whole about our ears , — and 4. that these make up a full provision for a peoples happines ; and secure every one of their interests as men , and as christians . but i would reserve a little time for application . two uses onely i shall make of this point , viz. of 1. information . 2. exhortation . 1. use , by way of information , in four particulars , viz. 1. that though principles of religion and righteousness in this or that private person , may be very far influential upon a whole kingdome for good ; god blessing others for their sakes : yet t is the provision for , and the practise of these by the rulers of a nation , that doth advance them into a national blessing . t●eir provision for these two , is not in order to t●emselves alone , but to set them before all that are under t●em : and their practice of them is a conveyance of good to a whole countr●y . it being an ordinary way with god to concern a people , in the sins and judgements , in the duties and blessings of their superiors . the king sins , and the people suffer , ier. 15. 4. the king doth his duty , and the people prosper , 1 reg. 4. 25. those that would deliver the magistrate from the care of either of these , have a minde to deliver the nation from a fundamental blessing . 2. that these two , must be joyntly provided for , and carried on together : for first , what is his name , or what his sons name , if thou canst tell , that ever setled one of these in a nation without the other ? which of them is it that a people can possibly enjoy alone ? 1. is it religion without righteousness ? who will adventure to give that religion a definition , which shall excommunicate one of those two great commandements on weich do hang all the law and the prophets ? or undertake for any people under heaven , that they shall enjoy , profess , owne , practise : not corrupt , revile , despise , forsake the truthes , wayes , worship , a●d ordinances of men shall have nothing to do with them ? if any will engage for religion upon these termes , it must be one that hath not seriously considered , that a house full of idolls , an ephod for the worship of god , and teraphim for the worship of the devill , and the running of the people a whoaring after these abominations , by whole tribes , was the effect of no king in israel , judg. 17. 5. and 18. 30. 2. is it righteousnesse without religion ? then must tertullian , cyprian , lactantius , augustine , &c. recant all that they have written to the contrary . however , secondly , if these two , for any thing that is in their natures , had independency enough to stand each by it selfe , it were yet worth a wise mans enquiry , whether god will suffer either this or that to stand so , as a peoples happinesse , if the other be set aide . 1. set religion aside , and suppose a people regardlesse of their duty towards god , and he will quickly take a course that they shall have little cause to boast of their iustice and righteousnesse from men . he will take away the judge and the prudent , and the ancient , and the honourable , and the counsellour ; and give children to be their princes , and babes to rule over them . esa. 3. 2 , 3 , 4. they shall be oppressed and spoiled , and none shall save them , deut. 28. 29. 2. set righteousnesse aside , and suppose a people carelesse of their duties of equity , if they do not throughly execute judgement between a man and his neighbour ; god will do to such a people as hee did to shiloh jer. 7. 5 , 14. what was that ? he removed his ordinances , psalm 78. 60 , 61. if a nation will needs shew you solomons melancholy prospect , the place of judgement that wickedness is there , ( eccle. 3. 16. 't will not be long ere god will shew you another of the same complexion . the waies of sion mourning , her places of assembly destroyed , her solemne feasts and sabbaths forgotton . ( lam. 2. ) that superstitious fable of castor and pollux , is a real truth of religion and righteousness , not that they live and die by turns , but that solitariae graves , salutares geminae . they are never auspicious to a state and kingdome , but in conjunction . 3. that to promote a government against religion , or a a religion against government , is to contrive the buriall of both in a nations ruine . a government that shall feign a commission from heaven , to root out all that is , antichristian from the face of the earth ; and a religion that shall be abund●ntly able to judge antichristianisme enough to qualifie them for destruction , not onely in ministers and magistrates , and lawyers , but in a ministry , magistracy , lawes and government it selfe : and in every thing and person else , whose institution , or reason , or conscience , shall forbid them a communion in the same principles ; if such notions once become practicable , whither ( ● beseech you ) shall the tribes go up ? or if we knew where to set thrones of judgement , who shall sit upon them ? 4. that antimagistraticall spirits , principles , and practises , have nothing in them of good will to a peoples happinesse ; which is no were enjoyable but under the shadow of government . neither godlinesse nor honesty will be able to finde , anywhere else , so much as a toleration . to designe disorder , anarchy , and confusion , in the stead of it , is to study the removall of whatever is desirable , and to provide for the inlet of what wil render us most ridiculous and miserable . you wil the more easily beleeve after you have considered 1. the necessity of that hedge which these pioneeres would break down . if a kindome indeed were peopled with angells , or men that never lost their first estate , they might be lawes unto themselves ; but as long as sons and daughters of fallen adam , are the materialls , hee is a wise man that can tell what to do , without better security then anarchy can aford him . the best men have peevishnesse enough to call for a huc usque ; and what shall limit them if the lawes do not ? and for the other sort , lions , beares , woolves , doggs , swine , mad men , if there be no heire of restraint to chaine up and muzzle these , who can live ? t will be good newes , if you can tell where the honestest man in a nation shall have innocency enough to save him harmlesse . if these horses and mules have no bitts and bridles , they will fall upon us , upon our persons , estates , consciences , liberties , religion , everything ; neither will anything in the world but order and government be able to releive us . our strength and our riches will be vaine things to save us , they must let it alone for ever . the riches of a nation will quickly be quartered and plundred into a morsell of bread , and the strength of it imployed to selfe-destruction . a potent people , if a lawlesse one , have onely this to brag of , that they neede no forraigne contribution to their overthrow . suis & ipsa roma viribus ruit . rome it selfe in such a case had onely weight enough to presse her selfe to death . and when her lawes were asleepe , her watchmen waked but in ●aine . n●x una suis non credita muris . she durst not trust ●er selfe one night within her own walls . tyranny is by all men lookt upon as a monstrous beast , but if it stood with anarchy in competition for a wisemans vote , it would doubtlesse carry it . and ( though the c●oice be hard ) rather then to have none deputed in a state to hear us , absolom himself were better be master of his wish , oh that i were made iudge in the land . those tonatick spirits that have pretended it to be their duty , to destroy all magistracy and order , have yet found it to be their interest , to set up something in the stead of it , and rather to make a king of iohn of leyden , then to continue headlesse . 2. how monstruous this would make a people , and all their concernments , what a 〈◊〉 of parts , gifts , persons into one anothers places , and imployments it would bring for●●● let me draw you a picture of it . 1. in the greater world , if the earth should be enamell'd with stars , and fruits and flowers should grow in the firmament of heaven ; if the lesser lights should rule the day , and dispose the greater to the government of the night ; if the sun should be pluckt down to walk upon , and a peice of dirt stuck up to shine in the place of it ; if men should be necessitated to carry burthens upon the pismire , and to learn wisdome of the asse : in chaos antiquum confundimu● , with how ugly a face would nature looke ! 2. in the lesser world , man , if the head should be degraded to be trod upon , and the heeles claim supremacy over the whole ; if the eyes should be transposed into the elbowes , and the shoulders take upon them to give lig●t unto the body , &c. you have the blessings of anarchy , and the issue of their design , who blasp●eme government , and fall down and worship disorder and confusion ; out of which , he that shall undertake to extract religion or righteousnesse , will have a hard taske of it . 2. use of exhortation 1. to all , whom it calls to our 1. gratitude . 2. prayers . 3. care . 1. to our gratitude , for that degree of this happinesse , in provisions for religion and righteousnesse , which god hath given us the possession of , i shall have no need to tell you . how much that is , you are not an auditory that are strangers in england . some things i shall mention . what apprehensions some of you may have of them , in sensu composito , upon the account of their neighbourhood to other things , i am not to enquire . in sens● diviso , if you consider them alone , i am very sure of your acknowledgments , that they are worthy of thanks . ex gr. — that your law-makers shall be persons fearing god , and of good conversation ; that no man that is an anti-scripturist , a denyer of ordinances , a common reviler of religion , or of a●y person for professing it , a sabbath-breaker , swearer , curser , drunkard , tavern , or ale-house haunter , shall have any thing to do in that great affaire ; — that the cheif officers of state , and iudges will be such as these will bestow their approbation upon ; that both as to legislation and execution , the persons cheifly interressed , are under the most sacred obligation that is imaginable , to uphold and maintaine the true reformed protestant christian religion in the purity thereof , as is contained in the holy scriptures of the old and new testament , and to encourage the profession and professors of the same , and all this , to the uttermost of their power and to discharge their respective trusts in order to the preservation of the rights and liberties of the people , and the good government , peace , and welfare of these nations . now much we , 〈◊〉 suppose a considerable number of persons of the choicest character , and of the highest pretences to religion , and righteousnesse , biasable to the production of what this constitution can by no means be interpreted into ? or must acknowledge our share in the blessings of the text , ta call for thankfullnesse ? perhaps a comparative glance upon other nations , may the sooner perswade us that 't is our duty to pay it . in some of which , you may see in the market-place on the lords day , as great an assembly in the afternoon , as you were able to see at church in the morning . in some , the chiefe magistrates tap-house in every great town , inviting the people to be drunk , cum privilegio , to increase the publick revenue . in some offices of all sorts , bought and sould at as dear a rate , as land in england , at 20. yeares purchase : where the common people , how industrious soever , dare hardly own them an ability to provide themselves cloathes , or victualls . in some intolerable burthens imposed at discretion , to the finall desolation of diverse families . and i could tell you more of this , were not this enough . now whatever the blessing be ; if , god hath not dealt so with other nations , may be found in the premisses , our hallelujahs must be the conclusion , psalm 147. ult. if any say , many things desirable are yet wanting , i have nothing to reply but this ; that a principle that is able to suspend our t●ankfullnesse upon any such account , will not give us leave to bl●sse god for any thing till we come to heaven . — it calls us , 2. to our prayers , for a continuation of what we have , and a supply of what we yet want . t●a● these nationall blessings are of gods disposing , we cannot doubt without the hazard of our c●ristianity , nor that the dispenseth them as blessings , in a way of prayer . the heathens could say . dij , quibus imperium hoc steterat . that empires had their foundations above ; hence was iupiter called salutaris , and stator , as their supposed author of stability and safety , if christians beleeve so much of god , they will send him their petitions . 3. to our care . of what ? of every thing whereby religion and righteousnesse may thrive amongst us ; especially of maintaining the nurse of both , peace . peace with god , that we make not one bridge of our sins , peace amongst our selves , that we make not another of our folly , for their passage from us . pray consider what t is that hedgeth in the blessings of the text , before and behinde ; t is peace , peace before , at the 3 verse , a city compact together , not divided and subdivided into more parties and factions , then they knew where to have names for ; but ( as another translation reads it ) at unity in it selfe . and then , thither the tribes go up ; and thrones of iudgment are setled . peace behinde at the 6 verse , at least , rogate pacem . a prayer sent to heaven for it , that these mercies might continue . this to all ▪ 2. to those that are by office , to attend the businesse of this day ; as you would contribute to the nations happinesse , afford your respective contributions towards t●e advancement of religion and righteousness , by suffering no breach upon either of them , to escape that just recompence of reward , which the lawes have provided for it . first , for you may lords , the iudges , god forbid you should be supposed without serious apprehensions upon your spirits . 1. that god sits with you , psalm 82. 1. and is present for more purposes then one , as testis , to see all you do , and with eyes that cannot look upon iniquity . -as iudex , to passe his sentence upon all yours , and what a holy care should be taken that the bench be not divided , nor any occasion given for luthers deo gratias , aliter hic conclusum est , aliter in caelo . and as vindex , to make good if there be cause , the title you find him cloathed withall , in psal. 94. 1. a god of revenges . 2. that you cannot be too zealous against the obstructions of a peoples happinesse , the happi●●ss● of all the people in t●r●e great nations , 〈…〉 so many thousand soules con●●r●ed in 〈◊〉 religion and righteousnesse , which you are enga●ed to take care of . that if a destructive , a mis●●eivous rape by restless , and incorrigible spirits , be made upon their blessings , optimum misericordiae genus est occidere . 3. that as much as in you lies , you provide for the honour of god , of the supreme magistrate , of your selves , of the n●●ion , in providing for the safeguard of religion , and righteousness . 1. of god , for the blaspheming of whose name , if occasion be given by a peoples wickedness , it is doubtlesse by their impunity . 2. of the supreme magistrate . when iovinian was voted emperour by the army , he told them he was a chirstian , and would not be a leader of pagans . the more conformity can be wrought upon a people , the more of glory will be cast upon their governours . ` t is not the lowest title of iesus christ himself that he is king of saints . 3. of your selves . god will honour those that honour him . 1 sam. 2. 30. aristides for his care of iu●●ice , was called graecorum faelicitas . how much more shall you be celebrated as our bl●ssings , whilst you care for that , and r●ligion too ! 4. of the nation , w●ose statutes , how righteous soever , will ●ot leave upon them an impr●ssion of glory , unless their judgements be of the sam●character . ▪ and 4. lastly . that you have no way else to answer the end of your institution , to be the ministers of god to us for good , ro. 13. 4. secondly . for you that are to present misdemeanours against the blessings of the text ; you will , i hope , so discharge your oaths and trusts , that neither religion nor righteousness shall have any cause to complain . but i shall crave leave to tell you , 1. that religion will , if you know any of her ordinances lost , or profanely misapplyed , her duties disturbed , her solemnities rayled at , her great glory and ornament ; the late act for the better observation of the lords day , despised , or neglected ; or find her suffering in any of her concernments that the law hath taken notice of , and say nothing , she will complain . and 2. so will iustice and righteousness , if you conceal any one delinquency against it ; especially their male-administrations , who have taken an oath , and a commission , to dispense it , and i t●ink'twere better you stood charged by all the bills of inditement , that will be exhibited this assizes ; then that the cry of these against you should enter into the ears of the lord of saboth . interest hath been a great word amongst us for diverse years , and it is so still ; and a national interest is sometimes talkt of . the great interest of any nation is to keep god with them . i shall conclude with a repetition of that exhortation , which the doctrine we have been considering presseth you with ; viz. that you would , all of you contribute towards the entertainment of god with us , by contributing to the safety of religion and righteous●ess . if these fail , god must be gon● ; and ask t●e prophet what a woe , he will leave behind him . hos●a 9. 12. if religion fail , where shall god walk ? for his way is in the sanctuary . psalm 77. 13. a●d if righteousness fail , with whom shall he converse ? to be sure , the throne of iniquity shall have no communion with him , psalm . 94. 20. to provide as much as in you lies against these , the failing i mean , of religion and righteousness , is both your duty and your interest : that the nation may be happy in the blessings of the text , the lord delighting to dwell amongst us , and to be in the midst of us . less then this we cannot have , and more we need not , to make us happy . finis . notes, typically marginal, from the original text notes for div a30009e-790 exod. 25. 22. deut. 16. 16. amos 5. 7. cic. 2. offic. aug. in . loc. ainsw. in deut. 4. 1. de civit dei l. 5. c. 25. uni . es in l. 5. c. 21. 1 tim , 2. ●2 . 1. sa. 15. 4. johnson geography , p. 165. 207. 236. 475. justice justified; or the judges commission opened: in two assize sermons, preached before the judges of assize. the first at chard, on prov. 14.34. march 12. the other at tauton, on rom. 13.4. aug.3. 1657. by james strong, master of arts, and minister of the gospel at illmister in sommerset. strong, james, 1618 or 19-1694. this text is an enriched version of the tcp digital transcription a94062 of text r207741 in the english short title catalog (thomason e937_3). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 64 kb of xml-encoded text transcribed from 18 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94062 wing s5992 thomason e937_3 estc r207741 99866777 99866777 119063 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94062) transcribed from: (early english books online ; image set 119063) images scanned from microfilm: (thomason tracts ; 140:e937[3]) justice justified; or the judges commission opened: in two assize sermons, preached before the judges of assize. the first at chard, on prov. 14.34. march 12. the other at tauton, on rom. 13.4. aug.3. 1657. by james strong, master of arts, and minister of the gospel at illmister in sommerset. strong, james, 1618 or 19-1694. [6], 29, [1] p. printed for john stafford, and are to be sold at his house, neer the george, at fleet-bridge, london : 1658. annotation on thomason copy: "aprill 2d", "april. 2". reproduction of the original in the british library. eng sermons, english -17th century. law (theology) -early works to 1800. judges -great britain -history -early works to 1800. a94062 r207741 (thomason e937_3). civilwar no justice justified; or the judges commission opened:: in two assize sermons, preached before the judges of assize. the first at chard, on pr strong, james 1658 11341 17 40 0 0 0 0 50 d the rate of 50 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-06 jonathan blaney sampled and proofread 2007-06 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion justice justified ; or the judges commission opened : in two assize sermons , preached before the judges of assize . the first at chard , on prov. 14. 34. march 12. the other at taunton , on rom. 13. 4. aug. 3. 1657. by james strong , master of arts , and minister of the gospel at illmister in sommerset . justitia immota res publica floret , illa sublata , flaccesset ac deficit . casper sibelius . tom. 3. page 389. and i will restore thy judges as at first ; and thy councellors as at the beginning ; afterward shalt thou be called a city of righteousnesse , and a faithful city , isa. 1. 26. london , printed for john stafford , and are to be sold at his house , neer the george , at fleet-bridge , 1658. to the right honourable robert nicholas , one of the barons of the exchequer , and richard newdigate , one of the justices of the vpper bench , judges of the western circuit : as also to the right worshipful william hillyard , esq high-sheriff of the county of somerset ; together with the gentlemen of the grand inquest , and others , at whose request these sermons were made publike . my lords and gentlemen ; t was a sad presage of israels ruine , when the lord in anger threatened to break these two staves of his beauty and bonds : if religion be the one of these two staves , the law shall be the other ; these are semper gemella nunquam singula in foetu , two twins , mercies that live and die together , israel at once lost them both , hos. 3. 4. the children of israel shall be many dayes without a king , & without a prince , & without an offering , and without an ephod , &c. corruption is the mother of confusion , dan and bethel , the place of judgement , and the house of god , had been corrupted together , and therefore 't was just they should be destroyed together : wickednesse had usurped the seat of justice at dan , and bethel , the house of god , was become a bethanes , the house of lies . what violent adventures have been made by many of this nations own degenerate sons to break the staffe of beauty , i need not tell you ; i fear the next generation will scarce live to see religion healed of some of these scars and wounds she hath received in our late unhappy wars , of which , oh may she not complain in the prophets words , that she hath been wounded in the house of her friends : the quarrel begun with religion , but ended against policy : those that are burthened by the gospel , can live without the law ; sine fide , sine rege , sine lege . the staff of bonds hath of late had its turn , and had not both been held in the hand of a strong god , sure the issue ere this had been confusion . my lords , that both justice and religion finds yet the countenance of so egregious patrons as your selves , is a valley of achor , a door of hope to our israel , that we shall once more see jerusalem in jerusalem , when truth buds out of the earth , and righteousnesse looks down from heaven , then have we ground to hope that our land also shall give her encrease . what evidence have you given the world , not only of your integrity in doing justice , but also of your zeal to religion ? this makes your name which you have left behind you , like a sweet perfume . not to flatter you ( 't was but your duty ) how often to provoke others of quality to imitate your religious practise , have i mentioned , that joy that possest me to see a judge so constant and serious in writing sermon notes ; like those noble berians , acts 17. the two short sermons following , however esteemed by your honors , and others , had never seen more light then came into my study window , had i known how else to have satisfied the earnest importunities of many gentlemen , and others , that were my auditors ; but beyond all , the joynt desire of your lordships , was of sufficient authority to make me consent ; this liberty only i must crave , when there was one only desired , to present you with two : they are both of the same mould , and like ruth and naomi , they are resolved to go together . what may be the censure of others ( though i am sure to have my back-burden ) doth very little trouble me : the smith's dog ( they say ) doth not fear the fire ; it hath been my lot for some years , beyond many of my place , to be exercised by a generation , whose inward parts is very wickednesse , and their throat an open sepulchre ; so that experience hath sufficiently steel'd me against reproaches . what ever be the welcome that this weak essay finds among others , yet i am sure wisdome is still justified by all her children . to your honors then , and the rest of the gentlemen , whose desire i have gratified by this impression , i humbly inscribe these weak conceptions of mine . and oh that god would once more make another impression of them upon their hearts ; and as he hath honoured you among his people , and advanced you above others in place , so may he make you all more eminent in piety ; that having served your generation in the several trusts committed to you awhile , you may cheerfully resign your offices , together with your souls , and give up your accounts to him who shall come to judge quick and dead , at that last and great day . so doth he promise to pray , that is your most zealous and affectionate servant in the gospel , ja. strong . a sermon preached at the assizes held for the county of somerset , at chard , march 12. 1657. mr. william hillyard of sea , sheriffe . pro . 14. ver. 34. righteousnesse exalteth a nation , but sin is a shame to a people . to begin with god ( especially when the work hath been weighty ) hath been the practice of antiquity among all . scipio went first to the capitol , and then to the senate ; and thither , as the historian tells us , the consuls alwayes went to sacrifice the day they received their authority , a lesson that nature hath taught even heathens , and grace hath much more charged as a duty on christians . of the patriarchs it 's observed , that where-ever they pitch'd their tent , there also they built an altar . thus did abraham , gen. 12. and isaack , gen. 16. and jacob , gen. 33. and good reason . 't is that which was their duty . glory . security . 1 their duty : especially where ever they came to set up god by a publike profession , who had set up them in publike places . 2. their glory : hereby they read ( as it were ) their commission from that great god , who was pleased to own them in a special relation , and gloried to be called the god of abraham , the god of isaac , and the god of jacob . moses face was never seen shining , until he convers'd with god on the mount , then god darted a beam of his own glory on the face of his magistrate , so that israel trembled at moses majesty . 3. their security : abraham called his altar jehovah nissi : lord is my banner , under which a christian marches with courage and confidence . the ark paid obid-edom well for its entertainment , and no man sure can be a loser by religion . the service that those three martyrs did to god , made them boldly claim protection from him : thus they argue , dan. 3. 17. our god whom we serve will deliver us out of thy hand , o king . the temple hath ever been a good guard to the town-hall , and better secures the ministers of justice , than swords and halberds ▪ o 't is sweet and safe too , when our earthly affairs have a relish of religion , when we carry our selves on earth as denisons of heaven , when we can say as paul , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} even our civil conversation is in heaven ; non cives respicit , sed magistratus ( saith one ) a duty doubtlesse that beseems none better than those that are in authority ; a mercy yet granted us amidst all those concussions and confusions , both in church and state , when religion is become a by-word , and the ordinances of god accounted but so many need-nots , sith yet those that sit at stern keep the helm in their hand , while our princes and rulers are as ready to hear what god hath to charge them in his courts , as to see and charge their own : what cause have we to hope , that though sinners be the shame of a nation , yet such rulers will exalt it by righteousnesse . the words are one of solomons axioms , and have him for their author , who was both judge and king in israel ; one that better deserved to be stiled master of the sentences for those his proverbs , than ever lumbard , say our late translators . the verse divides it self a thesis . and an antithesis . 1 a thesis ; in those words , righteousnesse exalteth a nation . 2 an antithesis ; in those words , but sin is a reproach to a people . dedecus populis . so drusius . miserum facit populum . so hierom. in both , we have sin and justice described by their contrary effects , altero corripimur , altero corrumpimur ; the one cures us , the other corrupts us : justice exalts us , but sin brings us to shame . the thesis needs no new mould , 't is a doctrine of it self ; i shall briefly explain . prove . apply it . by righteousnesse or justice ; we are to understand distributive justice , or publike justice especially , which consists in giving every man his right , either in punishing the nocent , or justifying the innocent : so we read the word used psa. 119. 121. i have done judgement and justice ; where the latter explains the former : i have done judgement and justice ( that is ) i have done judgement justly , or have been just in doing judgement . well , this justice exalts a nation ; 't is a special piece of solomons politiques ; and he layes down the assertion again , pro. 29. 4. the king by judgement establisheth the land ; but how a due administration of justice exalts a nation , let us see in the next place . this it doth these three wayes ; ut fundamentum . munimentum . ornamentum . 1 ut fundamentum . as the foundation bears up the house , so doth justice a nation : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is so called from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the foundation of the temple : if the fo●ndations be destroyed , what can the righteous do ? positiones vel statut aeverterunt : so luther renders the orig they have imbroiled and destroyed the law ; and when there 's no law for loose men , what can the righteous do ? what but glorifie god by suffering his will , and relieve themselves in the words that presently follow ; the lord is in his holy temple , the lords throne is in heaven . 2 ut munimentum . as sampsons strength lay in his locks , so doth the strength of a state in government : justice was wont to be portraitured with a balance in one hand , and a sword in the other ; as with that she weighs the case , so with this she defends the guiltlesse , and hate of the impious . for this too ; magistrates are called the shields of the earth , fencing and securing their people , as a shield doth the body . once more , they are called the corner-stone , zac. 10. 4. out of juda shall come the corner . corner stones unite the walls , draw out these , and the house will fall without any more trouble ; magistrates are the strength of a state ; as the walls gapes when the corner is out , so a nation without government must needs be devided ; and what follows , a kingdome devided , cannot stand ▪ 3 justice exalts a nation ; ut ornamentum : corner-stones do not only strengthen , but also adorn the building ; they are more costly and curious then those that lie by them ; their daughters shall be as corner-stones polish'd , after the similitude of a temple , psa. 144. 12. besides , they are called a nail in zac. 10. 4. nailes do not only fasten and strengthen , but they serve to hang things on . do not think it strange , that the glory of a nation should hang upon the nail of authority : when god promised to fasten eliakim as a nail in a sure place , ( that is , to establish his government ) 't is added , and they shall hang upon him all the glory of his fathers house , isa. 22. 4. 't is worth notice , that when the psalmist was in a vein of extolling the glory of jerusalem , he commends her , among other things , as glorious for this , because there were the thrones of judgement . thus good laws well executed , are the bottom , beauty , and bullwork of a state , and it briefly teaches us ; that anabaptists and libertines , as they are enemies to the church , so they are bad friends to a state ; to ruine lawes , and to destroy a nation , are but the same thing in divers expressions : those satanized monsters that despise government , and speak evil of dignities , are such as follow the flesh in the lusts of uncleannesse , 2. pet. 2. 10. law is one of the greatest enemies to lust , two masters they are , that cannot be served both , but he that will leane to the one , must despise the other . a lap. proposes the query , why epicurus had more disciples than the rest of the phylosophers ; and he gives this answer ; non quod disciplina verum afferat , sed quod voluptate invitet ; liberty is a bait that lust loves to bite at , and he that would catch the one , must angle with the other . corruption could never endure to be bridled by authority , but loves to run in a loose rein : elies sons were first lustful , and then disobedient ; and still do their impure off-spring decry authority to foster their impurity , every where voting down lawes and justice ; as they in the psalm , who is lord over us . we may learn nezt the necessity , both of law and justice , and the misery of a nation that is without them . the persians had a custome when their chief ruler died , there was among them , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a lawlesse liberty for five daies after , so that every one might do for that five daies what he pleased . now in this short interval of government , there were such murders ; rapes , and robberies of all kinds committed , by the headlesse multitude , that before the five daies were expired , they were exceeding glad to accept of a new governour . justice is the very pulse of a state ; and as we know the man's dead when his pulse doth not beat ; so in a commonwealth , when justice ceaseth : the prophet saw nothing but spoiling and violence , and the wicked compassing about the righteous ; and why ? defluit lex , the law was dissolved ; no life any longer in the state , its pulse had done beating , heb. 1. 4. 't is an observation of learned weems , that so necessary is justice to the very being of a commonwealth , that no society can subsist without it , even thieves and robbers could not long subsist , if every one had not his share , the whole society must needs be dissolved . miserable is that nation where justice is corrupted , that looks for judgement , and meet with oppression , and for righteousnesse , but behold a cry ; wrong judgement is worse then no judgement : 't is sad when judgement is turned into gall , and the fruit of righteousnesse into hemlock , where should a man look for justice , but where men professe holinesse : yet this was the grievance of which the preacher complains , eccles. 3. 16. i saw under the sun the place of judgement , and behold , wickednesse was there ; and the place of righteousnesse , and iniquity was there . such corruptions gave cato cause to complain of the roman state , that private robbers lay in chains of iron , but publike thieves went in chains of gold . in short , a people is then at their last cast , when god finds not a man to do justice among them , jer. 5. 1. run too and fro thorow the streets of jerusalem , and see , and know , and seek in the broad place thereof , if there be any that executeth judgement , and seeketh truth , and i will spare it . the want of justice upon earth , provokes god himself to do justice from heaven . learn we next to prize this grand blessing ; justice executed by men is a mercy from god ; since sin entered into the world , justice is the remedy that god hath provided to purge corruption . nebuchadnezzar was none of the best governours , yet a cedar , under which the beasts of the field found shadow , and the fowls of heaven dwelt under the boughs thereof ; if a bad magistrate be so useful ; what 's the worth of a better ? when the queen of sheba came to hear solomon , she made it matter of her joy , and blessed god that he had set solomon on the throne of israel ; because the lord loved israel for ever , therefore he made the king to do judgement and justice , 1 kings 10. 9. sure 't is our happinesse , had we hearts to acknowledge it , that we have justice weighed to us by the balance , when for sin we might justly have expected to have seen it carved out to us by the sword . addresses it self to you ( right honourable ) with the rest that are in authority , you see what 's your duty , and the countryes expectation , would you raise a poor nation that 's almost in the dust ; you see the way , and your duty lies somewhat more exactly described in deut. 1. 16. i charged your judges at that time , saying ; hear the causes between your brethren , and judge righteously between every man and his brother . five things especially are requisite to make a compleat magistrate , and they are briefly these . 1 wisdome and judgement to find out the truth ; magistrates are the eyes of a state , and if this light be darknesse , how great would the darknesse be ; let us ever deprecate that curse that god justly once threatened israel with ; shepherds they should have , and the sword upon their right eye . job here deserved to be a pattern to posterity , seldome at a losse in judgement , but the cause , that i knew not : i searched out , saith he , job 29. guilt usually stands at the bar under a disguize , and hath a design to carry away the blessing , as jacob from esau , under the pretence of innocency . of alexander 't is reported , that he was wont to sit in judgement with one ear stopt , and never heard with that , till the party accused came to speak . 't is gods own law , exod. 22. 9. when there is a difference about an oxe or an asse , sheep or rayment , or any lost thing , both the parties must come before the judges ( that is ) must be heard by them . the other four vertues to compleat a magistrate , are in one scripture injoyned , exod. 18. 21. provide you among all the people men of courage , fearing god , dealing truly ; and hating covetousnesse , &c. and let them judge the people . i shall crave leave briefly to run them over . and 1. they must be men of courage , such as cato , of whom 't is said , that no man ever durst petition him for a favour that was contrary to equity . solomon symbolized this courage by the steps of his throne , which were adorned with lions , to mind him alway of that courage that beseemeth him that sate thereon : for this reason constantine in sc. is called the man-child , rev. 12 , 13. to to imitate his valour in venturing for the churches weal ; this valour was eminent in job , who brake the jawes of the unrighteous , and pluck'd the prey out of his teeth , job 29. 17. this holy boldnesse would be as a shield to fence us either against the frowns of superiours , or the murmurings of inferiours ; who so well fences against the reproach of others , as he whose heart doth not reproach him : bene agere , & male audire regium est , saith seneca . 2 they must be men fearing god , and that as they are considered in a double capacity . 1 as christians in common with others ; this ( saith solomon is both the beginning and the end of christianity , 't is the beginning of wisdome , prov. 1. 7. and 't is the end of all things , eccles. 12. 13. yea , 't is the all of christian , that one thing that is necessary ; and oh that we could chuse this better part . 2 ▪ as magistrates in place above others ; as unjust judges ( one sayes ) is a solecisme : a magistrate , saith luther , should be vivalex , such whose life should be but a comment on the law of god and man ▪ the way to do righteousnesse is to be righteous : how ill doth it become him to punish a drunkard , swearer , or sabbath-breaker , that is such himself . religion and justice uphold a nation , as those two pillars jachin and boaz did solomons ▪ temple . now religion must stand as jachin , on the right hand . luther long since told the reformers of germany , it would never be well with the state , till they first secured the peace of the church ; yet alas , how apt are we to begin at the wrong end ; do our own work first , and then gods . good constantine kept gods method , first sought gods kingdome , and then ( sayes one ) other things sought him ; adeo ut tanta terrena nullus auderet petere &c. so that none durst to desire so much of worldly happinesse , as god freely gave him ; and this was the isalmists order too , who first tenders a petition for zion , and after that for jerusalem ; do good in thy good pleasure unto zion , and then build the walls of jerusalem . o then let me beg this one thing , as upon my knees , be as zealous that god hath his due , as caesar or his subjects theirs ; shall blasphemy scape better than felony ? shall a cut-purse die , and a blasphemer , a god-robber , a kill-christ live ? is sacriledge become a lesse sin than theft ? if ever rage beseems a magistrate , 't is when he comes to rescue the honour , or revenge the dishonour of his god ; then if ever moses might ▪ be excused for tearing the tables , when israel had turned the glory of god into the similitude of a calf that eateth hay . servetus the heretique , charging melancton of harshnesse in a dispute , made this answer , in aliis mitis sim , cum blasphematur nomen christi non ita . religion ( my lord ) hath the greatest interest in us all : all the tents were pitch'd about the tabernacle , to teach us , that the whole world is but a great inn for the church to lodge in ; the vine is a noble plant , and the wine that 's prest from it hath noble qualitie , yet they say , if a mandrake be set neere the vine the grape is farre the more generous ; justice is a rare vertue in it self , but if religion be planted neere it , it s farre the more admirable . the centurions servant commended his master to the utmost when he told christ jesus that he loved the nation , and confirmed it by this , that he had built them a synagogue . o bring back the captive ark , build gods house , repaire the ruines of the tabernacle of david . this wil honour you indeed , and prove you lovers of your nation . 3. they must be men of truth ( that is ) of justice , saith a lap. for in all wrong wrong judgement there is a lie . delrio tells us , that justice was wont to be described by a virgin and the magistrate , by an eunuch armed , to shew , first , that magistrates must not violate the chastity of justice themselves ; and secondly , they must preserve her from others . two enemies especially justice is in danger of , 1. the lawyer , who makes it a great part of his art to raise a mist before the judges eyes ( 't is a rule , that where the discourse is general , there 's no personal wrong to any ) 't is sad to see a cause prove good or bad according as 't is pleaded . methinks i cannot mention the employment , but mind too that of poor spira , whoat once breathed out his soul , his hopes , and this sad lamentation together ; good causes i pleaded coldly , or else sold perfidiously ; bad causes i followed zealously , and pleaded with all my might , o legitur historiam ne sitit historia . be not too wise or too learned to be saved by the foolishnesse of preaching . 2. the second enemy is the false witnesse , if truth and innocency escape the one , how usually do they suffer by the other . though a faithful witnesse , i must confesse , as great a friend to truth , as jonathan to david , yet that thorowly sifted , i doubt not but too often they would deserve to be handled as paul , when he was examined with stripes . alas , who knows not ( saith luther ) that steven died by witnesse , and christ himself died by witnesses , though sometimes suborned . between these two enemies , when truth is like to be torne in pieces , as paul by those contrary factions , the pharisees and the sadduces , acts 23. what need of a compleat magistrate , like the centuriont , here to come and make a rescue . 4. hating covetousnesse . when the prophet complaines of jerusalems officers . thy princes are rebellious , and companions of thieves , he addes the cause , they love gifts . as paul shook off the viper from his hand , so should a magistrate a bribe , and say as he at another time , ( if he meet with a temptation ) when he dealt with simon magus , thy money perish with thee . o honourable comfortable testimony , when our hearts can witnesse . as samuels . here i am , &c. whose oxe have i taken , or whose asse have i taken , or of whom have i received a bribe , and i will restore it . and now to move you a little , let me quicken this grand duty with these few argumens . 1. consider those many honourable titles wherewith god hath dignified you , wherefore are you called princes , nobles , nursing-fathers , shepherds , mountaines , sons of the almighty , but that you should honour those titles by acting for his honor that hath conferr'd them on you , 't is a saying of salvians , reatus impii est pium nomen . titles of honour do but greaten wicked mens guilt that do abuse them . 2. consider the influence that men of place have upon their inferiours . magnates magnetes , great mens lives are small mens laws , magistrates are the countreys looking glasses in which other men look and dress themselves by them . if a magistrate will drink , or sweare , or slight the sabbath , who will not bear him company . as an eclipse in the sunne alwayes produceth some destructive effects upon inferiour bodies , so 't is here , let a man of place be either good or bad , he is sure to be exemplary : we read when crispus the chief ruler of the synagogue beleeved , many of the corinthians beside beleeved and were baptized with him , acts 18. 8. on the other side the psalmist could imagine no heavier curse for his enemy then this , set you an ungodly man to be ruler over him . 3. meditate seriously whose work you are in . solomon tells you , the weights of the bag are his work , prov. 16. 11. et quae dei sunt trimide tractanda . judges are gods lieutenants , and you judge for him , saith jehoshaphat to his judges . take heed what you do , for you judge not for man , but for the lord , who is with you in the judgement , and that 's the third . 4. consider that god himself is present with you , and president over you , psal. 82. 1. god standeth in the congregation of the princes . loring on that scripture tells us , the ethiopians were wont to set an empty chaire in the middest of their judicatories to minde them that god was there , o think that god attends to heare what charges , evidences , pleas , and sentences are there past , cave cato videt , was wont to be a watchword in rome , and this awed them from evil , let our watchword be , the lord seeth . 5. lastly , he is judge of judges , all causes must once more be heard over , and called again , he judgeth among the gods , when the preacher complains of wrong judgment upon earth , he looks upward , and relieves himself from heaven , but god ( saith he ) shall judge the righteous and the wicked , eccl. 3. 17. ciprian in his prayer before his martyrdome among many heart-wounding passages from the consideration of the last judgement , this especially is one , ve peccatis nihil cum elevaneris confringere terram sub qua fissura petrarum me absconsurus sum cui monti dicam cade super me , cui colli tege me , &c. woe to me when thou o lord shalt arise to shake terribly the earth . in what rock shall i finde a clift to hide me ? to what mountain shall i say , fall on me ? to what hill cover me , & c ? o if martyrs tremble , how will sinners stand . if such as lose their lives for christs dread that day , what will become of such as venture their lives against him . if this be done to the green tree , what will be done to the dry ? oh that we were wise to consider our latter end , that we could provide by holinesse , and prevent by repentance the sad issues that sin will in that day bring upon us : god in scripture is said to have a bag and a bottle , a bag for our sinnes , a bottle for our tears , oh as we have fill'd the one with sin , so le ts fill the other by repentence . and oh blessed be that god that after we have made shipwrack by sin , hath provided us such a plank as repentance upon which we may swim safe to heaven . let us then all take the shame of sin to our selves by repentance here in the day of grace , that sin may never bring us to shame in the day of judgement . a sermon preached at the assizes at taunton in the county of sommerset . august 3. 1657. rom. 13. ver. 4. for he is the minister of god to thee for good , but if you do that which is evil be afraid , for he beareth not the sword in vain . great places and employments god never intended as priviledges to secure any from his service , the king himselfe , how great soever be his busines was ( with his own hand , saith philo ) to write two copies of the bible out of the original , the one he was to use at home , and if he went abroad the other he must use as a running library or hic vade mecum , deut. 17. 18. and the reason is added , v. 20. that his heart be not lifted up . o 't is a hard matter to keep our hearts down when our honours rise . vespasian is said to be the onely man that was ever the better by being emperour , self-love like a false glasse makes us see our selves bigger , and others lesse then they are ; to prevent which , we are never to be without that true glasse of gods law , that will tell us that even gods among men are but men with god , and that the greatest magistrate is but gods minister , and that 's honour enough , for he is the minister of god to thee , &c. to be large in prefacing were but to wrong my text . as though like the prophets strait bed and his narrow covering it could not hold me an houre , when rather indeed it 's like the great and the wide sea , where there 's roome enough for the tallest ship to float , and the great leviathan may take his pastime therein . to the words then briefly . and here , as by the portal we go into the inner roomes , so let me give you by the coherence , occasion , and other circumstances to the text . 't is aretius observation of the jewes , that they ever scorn'd subjection to any , especially to the romans , and alsted of the vain glory of their successours to this day , sayes thus , antiquum obtinent ; they are no changelings , still fill up their fathers sinne by their present pride , you may read their temper in that bragge of theirs , john 8. 33. we were never in bondage to any man , when yet they were scarce ever out of bondage to some or other , and at that very time in bondage to the romans . well , bondage being so burdensome to this people , there was liberty by the gospel preacht by christ and his apostles , which doctrine of liberty was so misapplied , and abused by divers , that they thought themselves by their christian liberty discharged from being any longer subject to secular authority ; whence julian , porphirius , proclus and other heathens traduced the doctrine of christ and his apostles , as that that was seditious , and father'd the rebellious practises of the people upon the doctrine of their teachers . on this occasion ( saith clemens alexandrius ) did christ and his apostles studiously endeavour to vindicate the doctrine of the gospel from this aspersion , and did enough to convince the world that gospel liberty was farre from countenancing rebellion against civil authority . this christ did when he paid tribute money himself , and gave it in charge to others to give caesar the things that were caesars . and paul among the rest makes it his profest businesse in this chapter , in which both his matter and method are exceeding plaine . 1. he enjoynes subjection on all as a generall duty , verse 1. let every soule be subject to the higher powers . 2. draws up his arguments in order to prove his doctrine , and the first is this . 1. the authour of government , that 's god , for there is no power , but of god : true , the constitution is from man , the manner or mould of government , as solon said of the athenian laws , they were so good as the people could beare , fitted ( he meant ) and accomodated to the state of the people , but still the institution or ordination is from god , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they are ordained of god , from which conclusion follows this fearful consequence , he then that resisteth the power resisteth the ordinance of god , v. 2. 2. he proves his position from the end of authority , v. 3. for rulers are not a terrour to good works , but to the evil . jeroboam then forgot his duty and proved a shame to magistracy , when instead of encouraging his people to serve the lord ; he set a net on mizpeh , and spread a snare on tabor to watch who would go from him to worship god in judah , hosea 5. 1. 3. he argues from magistrates relation to god , whose person they represent , and by whose authority they act , vers. 4. for he is the minister of god , &c. the words in short are a vindication of magistracy drawn from its authour . its end . 1. from its authour , that 's god , for he is the minister of god . 2. from its end , and that 's twofold , 1. the protection of them that are good : gods minister to thee for good . 2. the punishing and suppressing of the wicked , to such the magistrate is intended for terrour , and the reason is added , for he beareth not the sword in vaine . doct. observe then , 1. that a lawful magistrate is gods miinister {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , gods vicar , deputy , or vicegerent . several wayes this may be evidenced . 1. they are commissioned by him not only kings , but judges also , prov. 8. 15 , 16. by me kings reigne , and princes decree justice ; by me princes rule , and nobles , and all judges of the earth . god alone is the absolute monarch , and hath the sole sovereignty of heaven and earth , and this power he delegates to princes and rulers who governe for him . 2. they act for him , and this will appeare two wayes . 1. they are gods laws whereby they judge god himself prescribed israel her judicials , deut. 17. and he is supreme logislator still . hence that prayer of the psalmist , give the king thy judgement , o lord , and thy righteousnesse to the kings son , and then he doubts not when god has given him righteous laws , and a righteous heart to execute them , but that he will prove a blessed governour , then shall he judge thy people in righteousnesse , and thy poore with equitie . 2. it 's gods sentence ( or ought to be ) which they past ; though the king be but a man , yet 't is a divine sentence that is in his lips , and his mouth transgresseth not in judgement , prov. 16. 10. our old word conning , and by contraction , king becanus sayes , comes from con , which signifies three things , p●ssum scio audeo , i can do justice , i know how to do it , and i dare to do it , if either a magistrate want power , or skill , or courage to do justice , 't is but vaine to expect this divine sentence ; and oh 't is sad if the judgement be mans only , and not gods . a few things briefly i shall inferre from the point . and first , what meanes that bedlam spirit , whereby anabaptists , quakers , and the rest of that same batch are acted , that have learnt a religion to justifie their rebellion , pretending as the jewes of caesar that they know no king but christ , as if he were a loyal subject to his prince that contemn'd his deputy ; facile imperium in benos , pessimus quisque asperime rectorem patitur , &c. the corruptest tempers have ever been most apt to scorne authority , i wish such masterlesse monsters would consider how well that querie might might be proposed to them wherewith the lord confounds sennecharib ; whom wast thou railed on and whom hast thou blasphemed , and against whom hast thou exalted thy voice , and lifted up thine eyes on high ? ( not against hezekiah ) but against the holy one of israel . israel was weary of samuel , and god tells them plainly they had cast off him . secondly , it shews us that magistrates power is not arbitrary , they are some of heavens commissioned officers , and may say as the centurion , though they have others under them , yet that they themselves are men under authority ; and oh how careful ought such to be of breaking their commission . thirdly . it serves exceedingly to encourage magistrates : can they think that god will employ them in his work , and not bear them out in their employment ? sure you serve no such hard master . 't is a note of paraeus , did not god ( sayes he ) countenance and assist them that are ministers of justice , did not he stand in the assembly of princes , it could never be that the face of authority should be so formidable : that god that promised israel , that one should chase a thousand , is he that makes the face of a single magistrate to awe the hearts of a thousand malefactors . take heed next of undertaking gods work , and doing their own . yea , judge for god said , good jehoshaphat , to his judges , therefore take heed . oh how should it be the study of a christian magistrate to passe such a sentence as god himselfe would passe did he take the matter into his owne hand . it acquaints us with that harmony that there is between magistracy and ministry . the same word serves for both : minister in a general name that will agree to either . they drive but one designe , and serve but one master , though in different places , moses and aaron , the king and the priest lie usually together , like sweet twinnes in the armes of scripture . o let them not prove , like the twins of rebecca , one strugling against the other ; but , like the twins of heraclitus , alwayes weeping and laughing together . magistracy christ likens to a neck of ivory pure and potent , ministry to the eye , of the body cleare and transparent , like the fish-pooles of heshbon , and these he joynes together , cant. 7. 4. oh those which christ hath joyned together , let not man put asunder . never magistrates fared worse than such as were enemies to the prophet , as paul and ahab , and none ever prosper'd better then such as were nursing to them , as david and hezekiah , and that general rule is still true , beleeve the lords prophets , so shall ye prosper . so much briefly for the first note , let the next be this , doct. 2. that the peoples good is the end of government . he is the minister of god to thee for good . hence as gualter notes , the ancient title that was given magistrates , was benefactor , luke 22. 25. the kings of the gentiles rule over them , and they that bear rule over them are called bountiful {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} called benefactours , the magistrate comes ahimaaz with good tydings ; and wherein this good lies , i shall briefly shew you . a fourfold good comes by government . 1 , natural good . it preserves our lives , as moses slew the egyptian , but saved the israelite , so doth the magistrate , cuts off the nocent preserves the innocent . 2. civil good , how quickly would the hills become mountains of robbers , and the high-wayes be once more unoccupied as in the dayes of jael , judg. 5. no safety would there be to him that went out , nor to him that came in , did not the sword of justice guard the innocent , as that flaming sword did the tree of life . 3. moral good , by restraining men from vice ; and encouraging them to vertue ; were there none to reprove in the gate , sin would quickly grow impudent and audacious , what could we expect but that all prodigious impieties , like another deluge , would drown the world , were the gates of authority thrown off their hinges . therefore the apostle bids us pray for kings , and all that be in authority , that under them we may live peaceable lives , in all godlinesse and honesty , 1 tim. 2 , 2. 4 spiritual good magistracy was ever intended to be a guard to the gospel ; defenders of the faith they are all in their places : of charles the great 't is recorded , that he had his office written on his sword , which he wore as his great glory , decem praeceptorum custos carolus , charles , lord keeper of the ten commandments ; how careful good governours have ever been to secure religion . i might instance in david , ●oas , jehoshaphat , hezekiah , solomon , and others . take two for all , of good josiah 't is said , that he was so farre from leaving his subjects to an intollerable tolleration that he commanded judah to serve the god of israel , 2 chron. 33. 16. and so did asa , 2 chron. 14. 4. i am forc't to leave the application to your selves , and must hasten to the next thing . and that 's from the other end of government ( viz. ) the punishment of evil-doers , but if thou doest evil , feare . doct. 3. whence we note next , that good laws are terrible to none but to evil persons . in this sense the law troubles not a righteous man ; but its threatnings are levelled against the lawlesse , such as tear the bonds of government , as sampson did his withes , and cry out we will not be be bound . to such the law is intended for terrour , excellently solomon to this purpose , prov. 20. 26. a wise king scattereth the wicked , and causeth the wheel to turn over them . quest . but what evil is it that falls within the reach of civil justice . answ. any civil or religious : the magistrate is custos utriusque tabulae , all laws propounded without limitation must be understood in their latitude . two things briefly it lessons us . first , to observe a difference between the precious and the vile , and in drawing the sword of justice alwayes to have a blow at wickednesse , the psalmist deserves to be our president here , who having sorted his subjects , bestows his favour on the good , his frownes on the evil , psal. 101. 6. mine eyes shall be upon the faithful in the land , that they may dwell with me . these he intended should be to him , as joseph to pharaoh , men of office and honour , but v. 8. betimes i will destroy all the wicked of the land , that i may cut off the workers of iniquity from the city of the lord : if men in place would study this choice , and make such a difference among their inferiours , i had almost said they might save the labour of forcing men from evil by their power . i am prone to beleeve they would winne so many by their practice . it charges magistrates that they do not do justice by halves , take heed you do not punish one for speaking one word against caesar , and let another scape that speaks too against christ , to all evil-doers a magistrate must be terrible . david threatens impartially to weed out the wicked , to cut off all the workers of iniquity ; this is indeed not to beare the sword in vaine , the last thing that craves your attention and notes to us is this , doct. that the end why god hath armed authority with the sword is to do execution upon the wicked . an allusion , sayes calvin , to the roman consuls , who had axes and swords carried before them as ensignes of their power ; 't is not in vaine this sword is committed to them , no 't is to give notice that they have potestatem vitae & necis , gladium gestant ut impios plectant ( saith one ) 't is to cut off the wicked , which otherwise , like rotten and gangreen'd members , would endanger the body . but here it must be remembred that the sword of justice must be furbisht with the oyle of mercy . the malefactor in the law must lie down and be beaten , and that before the judge but with a certaine number of stripes , and that too according to the nature of the trespasse , deut. 25. 3. the same punishment is no more fit for all offences then the same physick is for all diseases ; the romans had as well rods as axes borne before their consuls to intimate that some offences were as sufficiently punisht by the whip as others by the block . and now that i may not lose the advantage of doing god some service in so sacred a solemnity as this , i shall keep me no longer to generals , but parcel out the residue of my discourse , and addresse my self briefly to all sorts in particular , that my doctrine may fall as the dew , and though here a little , and there a little , yet may leave some moisture upon all . and first , ( right honourable ) your dignity bespeaks the upmost roome , 't is for you , there 's none more honourable then your selves that is bidden of it . you here authority is no empty word . magistracy implys somewhat more then a title of honour , take heed of sparing when god bids you slay , let not the sword of justice rust in the scabbard , and prove like the sword of jeth●r which he could not draw nor use ▪ judges had need often to edge the sword of justice with the file of courage , fiat justitiarunt coelum was a good resolution . be champions of justice while you can , and when you can no longer serve her as such , keep your ground , and resolve to die her martyrs . as to the case of religion ( my lords ) though i hope i may say as paul to his thessalonians , of love i need not speak to you , though you know and do this already , yet suffer me a little to put you in remembrance , for sions sake i cannot hold my peace . oh help the teeming woman , the travelling church , the fruit is come to the birth , but there wants strength to bring forth , is 't not pity she should miscarry , with ephraim , and stay in the place of bringing forth children ? sure a hand of authority would do much to further her deliverance , christ by the sword hath been paring and pruning his vine till at last some some young grapes of reformation did appeare , but ah on a sudden the subtle foxes threaten to devoure all ; the petition that at this time i shall tender to their hands shall be the churches prayer , cant. 2. 15. take us the foxes , yea , the little foxes which destroy the vines , for the vines have tender grapes ; never pity nor spare them for that they are young . happy shall he be that takes the brats of babel , any of her little ones , and dasheth them against the stones . to commissioners of peace that are assessours with you , i have onely this , do not say , as saul , all is well in the countrey , if so , what means the bleating of sheep , and the lowing of oxen that we heare ? what meanes the roaring in ale-houses , prophanation of sabbaths , with other crying abominations ? what 's the matter that so many with malchus have lost their right eare that they cannot hear a complaint , nay , sometimes the right eye , that they cannot see a disorder ? is it not woful , that many a magistrate , like george on horse-back , sits alway with the sword up , but never strikes . the lord give you moses spirit as well as moses place , and write upon your hearts resolution for the lord . as for you , gentlemen of the gowne , i intend no satyr but a sermon , and therefore 't is but a word of councel that i would venture to give you , looking neither for bribe nor fee , save onely a desire to see the fruit of my lips in the consecrating of yours . o read often the law which is both the law and the prophets . converse much with heavens statutes , all which , like the lawes of draco are written in blood , death being the penalty that 's threatened to all . take the fatherlesse and the widow for your clients , god owns them for his , and alwayes judge your selves most bound to speak when truth wants an advocate . for the gentlemen that are jurors ; so farre have you honoured your employment of late , that without flattery . i question not , but that like a well-drawn picture , you will have your eyes on every corner in the county , you are your countreys representatives , a petty parliament , o make faithfull reports of your countreys case , when god by you makes inquisition , bring forth the accursed thing whatever it be , out with jonah that you may save the ship . for the jurors of inferiour order , and the witnesses , oh that there were none of jezabels knights of the post to be found among you , that should sell an innocent man for eight pence . remember that for oathes the land mourneth , and before you lay your hands on the outside of the bible , fix your thoughts on something of the inside . 't is zech. 5. 4. where the curse comes like a flying bood , and enters into the house of the thief , and into the house of him that sweares falsly , and there it must remain til it hath eaten up the stones and timber thereof . for barretters , and litigious brawlers , that like salmanders , live in the fire , and contend for trifles , even the turks send away such with a whip , if any be found in their courts , i wish heartily ours might speed no better , doubtlesse authority would be far lesse troubled then now , if mens hearts were not bigger then their suits . i shall make but one turne more to them that are in authority , take leave , and i have done . o minde your duty , and do it , and to make it sure , i would take but two or three temple-nailes , and fasten all . 1. consider it will make you great blessings to your countrey ; if any thing fetch life in a dying state , 't is justice , 't is worth our observation , that when god promises to give a spirit of judgement to them that sit in judgement , he promises also to be a crown of glory to the residue of his people , is . 28. 5 , 6. o that the generations to come might rise up and call you blessed . 2. 't is the way to live honourably , and to die comfortably . 1. to live honourably : of cassianus the emperour , 't is storied that he refused to be called pius , but would be called foelix , a wilde designe to reach after felicity by the neglect of piety ; nothing so surely honours us among men , as when we seek the honour of god , 't is a bargaine of gods own making , those that honour me , them will i honour . 't was this that made deborah cry out in her song , my heart is set toward the governours of israel . 2. t is the way to die comfortably , when the sight of grim death makes others look wan , conscience of their integrity will steel their hearts against the king of terrours ; oh blessed case , when in the closing up of mens lives , they can with that zealous magistrate , nehemiah , say boldly , remember me o lord concerning this , and remember me , o lord , concerning this also . to borrow the elegant words of a reverend authour , what happy items will these be in our last reckoning , such magistrates may sweetly close their lives with those comfortable words wherwith he closes his book : and remember , o my god , in goodnesse . a vast and blessed difference between the righteous and the wicked , when of the one the lord protesteth he will never forget any of their works to let them scape unrevenged , amos 8. 7. of the other we have as strong an assurance that he will never forget any of theirs to let them go unrewarded , heb. 6. 10. 't is not consistent with the justice of god , the lord is not unrighteous to forget your work and labour of love . o that your works might praise you in the gates of your own courts while you live , so shall they follow you to the gates of heaven when you come to die . finis . courteous reader be pleased to take notice that these books following are worth thy perusal ; printed for john stafford , and are to be sold at the george at fleet-bridge . a divine message to the elect soul , delivered in eight sermons upon seven several texts , by that laborious and faithful messenger of jesus christ , mr. william fenner . b. d. divine meditations upon several subjects , whereunto is annexed gods love , and mans unworthinesse , with several divine ejaculations , written by john quaries . choice and profitable secrets , both physical and chirurgical , formerly concealed by the deceased dutches of lenox , and now published for the use and benefit of such as live farre from physicians and chirurgions : being approved of by eminenent doctors , and published , by their charitable advice , for the publick good ; whereunto is annexed , a discovery of the natures and properties of all such herbs which are most commonly known , and grow in countrey gardens . notes, typically marginal, from the original text notes for div a94062e-200 zac. 11. zac. 13. 6. psa 85. 11 , 12. anabapt. quakers . sensualists . notes for div a94062e-590 rosing de antiquit . rom. lib. 2. page 49. ex. 3. 6. ex. 34. 30. 2 sam. 6. 11. phil. 3. 20. regnum coelorum est civitas nostra & nos gerimus ut municipes coelorum . cornel. a lap. in loc. assemb . annot. vid. d●usium in loc. explanation 1. vid. a lap. in loc. psa. 11. 3. luther in loc. psa. 47. 9. luke 11. 17 ▪ psa. 122. 5. use 1. 1 sam. 2. psa. 12. use 2. hab 1. 4. weems his christian synagogue . use 3. am. 6 , 12. use 4. dan. 4. 9. 1 kings 10. 9. use 5. zac. 11. 17. boni pastores debent esse cent oculi ut se ipsos introspici , aut & alios curent , cui enim bonus qui sibi nequam ? vid a lap. in loc. ut nemo navem dirigit sine ferro quod attricuit sideri●es : sic nemo rem publ . sine mente quam offlavit prudentia . sibelius . tom. 3. p. 389. a quo nemo unquam rem injustam petere audebat . 1 king. 10. 19. see brightman on the apoc. ch. 12. luke 10. 42. j●nkin . quid valeant statuta legum que illi maxime spernant qui ministrant . salvian , pa. 276. 2 chro. 3. 17. respublica bene constituta duabus vastis innititur columnis & vera religio ne & justitia . sibelius . tom. 3. page 382. psa. 51. 18. zion signifies the state of the church , in regard of things spiritual , and ierusalem the evil state . mr. leigh . weems . lev 7. 5. virgo haec judicibus commissa est in custodiam ut ipsi nec violent nec violari patiantur . delrio adag. ver. test . pag. 530. luther mensal . colioq . isa. 1. 23 1 sam. 32 , 3 psal 109. 6. 2 chron. 9 6 lorinus in ps. 48. cyprian . tom. 3. pag. 5 14 psalm 56. 8 job 14. 17 notes for div a94062e-3480 psal. 104 , 26 judei semper iniquissime tulerunt alienum imperum , &c. aretius in loc. trap in loc. mark 12. 16 doct. haec sententia duo significat . 1 hanc potestatem esse a deo. 2 reges vicem gerere dei , &c. a lap. in loc. psal. 72. 1 , 2 use 1. 2 king. 19. 22 1 sam. 8. use 2. use 3. pareus in loc. use 4. use 5. psal. 77. 20 lam. 2. 6. 2 chr. 20. 10 doct. 2. gualter in rom 13. in bonum ci qui bonum agit . estius . exod. 2. 12. ad hoc instituta est potestas secularis ut & pacem publ . conservet & vitae communis honestatem . estius p. 154. doct. 3. mr. leigh . use 1. use 2. doct. calvin in loc. principe non frustra gladium testat sed ut stringat in malafactoris , estius in loc. use . judg. 8. 20. 1 thes. 4. 9 ▪ hosea 13. 13 ▪ psal. 137. 9 whatsoever you would that men should do to you , &c. mat. 7. 12 rom. 6. ult. psal , 10. 18 jer. 23. 10 ad magistratum maxime utiles qui privata comoda publice post habent qui sciunt civium non servitutum sibi traditam sed tutelam nec republ. suam esse sed sc republicae &c. sibelliq . tom. 4. p. 383. 1 sam. 2. 30 judg. 5. 9 neh. 13. 14 , 22 dr. 〈◊〉 . dualitas, or, a two-fold subject displayed and opened conducible to godliness and peace in order, i. lex loquens, the honour and dignity of magistracy with the duties thereupon depending and reverence thereunto due, ii. duorum unitas, the agreement of magistracy and ministry, at the election of the honourable magistrates of edinburgh and the opening of a diocesan synod of the reverend clergy there / by will. annand. annand, william, 1633-1689. 1674 approx. 163 kb of xml-encoded text transcribed from 42 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-10 (eebo-tcp phase 1). a25459 wing a3217 estc r27190 09692045 ocm 09692045 44006 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a25459) transcribed from: (early english books online ; image set 44006) images scanned from microfilm: (early english books, 1641-1700 ; 1348:6) dualitas, or, a two-fold subject displayed and opened conducible to godliness and peace in order, i. lex loquens, the honour and dignity of magistracy with the duties thereupon depending and reverence thereunto due, ii. duorum unitas, the agreement of magistracy and ministry, at the election of the honourable magistrates of edinburgh and the opening of a diocesan synod of the reverend clergy there / by will. annand. annand, william, 1633-1689. [4], 34, [2], 39 p. printed by george swintoun and james glen and are to be sold by gideon schaw, edinburgh : 1674. reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng judges. church and state. 2003-06 tcp assigned for keying and markup 2003-06 aptara keyed and coded from proquest page images 2005-02 rachel losh sampled and proofread 2005-02 rachel losh text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion dualitas : or a two-fold subject displayed and opened , conducible to godliness , and peace . in order , i. lex loquens , the honour and dignity of magistracy , with the duties thereupon depending , and reverence thereunto due . ii. duorum unitas , the agreement of magistracy and ministry , at the election of the honourable magistrates of edinburgh , and the opening of a diocesian synod of the reverend clergy there . by will. annand , m. a. one of the ministers of that ancient city , sometime of vnivers . coll. oxon . jerem. 31. 23. as yet they shall use this speech in the land of judah . and in the cities thereof , the lord bless thee , o habitation of justice , and mountain of holiness . h●lar . de synod . aver● . ar●a● . vestrum est in commune tract are , ac providere at que agere ut quod nunc usque inviolabili fide manetis relig●●sa conscientia , conservatis , & teneatis quod tenetis . edinburgh , printed by george swintoun and james glen ; and are to be sold by gideon schaw : anno dom. 1674. to the right honourable , james cvrrie , lord provost of the ancient city of edinbvrgh . for bailies william johnston james justice william carmichael david swintoun robert baird l. dean of gild ▪ james southerland l. thesaurer . and all other members of the council , and counsellours of that city . my lords , and honourable patriots , justice of old being painted , according to her uncorrupt nature , a beautiful virgin , embelish'd with all vertuous array , dragging and smiting a prisoner on the face , of a deformed aspect , named injuria , may cause some to represent this my adress in unfortunat colours , with a meen compelling censure ; judgement being designed for punishing misdemeanour : but such shall understand , that unless obedience be culpable , my dedication can have nothing of iniquity . my lord , i appeal unto your self , if there be not here presented , what you have so far honoured , as of old to request a copy , to which motion i could name them who adhered ; where still declaration was made , ( such was my obligation ) that satisfaction should be given ; but craved time , expecting a demurr , might procure a more beautiful opportunity then to offer it in the dark . the hoped for season ( right honourable ) is now ; and the general suffrage of authors , electing patrons ( for countenancing treatises ) for evicting gratitude in the writer , and attracting veneration from the reader , i make address with this my du alit as before the body of this populous city , in your lordships person , and venerable council , whose ingenuous behaviour in a succession of years , towards all your own called and elected ministery , and to my self in particular , forms already imaginations of candid acceptance . how empty soever it may seem to others , your honours desire after it , to me , makes it ponderous . ty●ng me withall in gratitude , to wish your bench prosperous in its worthies , and that your city , through the vigilancy of its watch-men in both employs , may continually merit its gray-hair'd and ancient epithet , being futurely known for the good town , is the request of , my lord , and right honourable , yours in all offices of love and duty , will. annand . from my study , septemb. 15. 1674. to the reader . courteous friend , the morosity of this age can hardly allow , in probability of discretion , to complement thee into a kind conceit of what is here in thy hands ; it treating of magistracy and ministry : a theme that more loudly than ordinary whisper , suggests somewhat diminishing respect ; veneration to them being a duty many called christian ( not to say , thought godly ) hath forgot : yet if there be any bowels of love to god or man , compassion to our church , or affection to our own interest , there is something here inducing to a perusal . it speaks of judgement , and pleads for justice , as the great axis , upon which the wheels of thine ow●●ffairs must successfully move : but as god , together with these , is endowed with mercy , so neither is there wanting here documents of clemency and tenderness , inflaming thee , if god-like , to affability and meekness , without sordid sullenness , or aukward surliness , to review what is offered at the request of thy well-wisher : otherwise to grant what is much better , viz. thy prayers and good wishes , to be directed by the line of verity , and led through the labyrinth of error and mistake ; and as i never yet wished thee the least evil , so shall i alwayes endeavour thy greatest good . farewel . will. annand . errata . lex loquens . page 6. line 19. r. shining . p. 23. l. 23. r. fire . dv . p. 2. l. 2. r. adapted . p : 21. l. 21. r. princes and priests . l. 22. 2 cbron. 23. 7. p ▪ 24. l. 7. r. charnel . lex loquens , or , the honour and dignity of magistracy , with the duties thereupon depending , and reverence thereunto due : preached in the high church of edinburgh , october 4. 1664. the day of electing the magistrates of that honourable city , for the ensuing year . ezrah vii . xxv . and thou , ezrah , after the wisdom of thy god , that is in thine hand , set magistrates and judges , which may judge all the people that are beyond the river , all such as know the laws of thy god , and teach ye them that know them not . and whosoever will not do the law of thy god , and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or to banishment , or to confiscation of goods , or to imprisonment . at the first infusion of the reasonable soul into man , it was so reasonable , so pure , so full of beaming light , directing to vertuous undertakings , that his very body was not under the dominion of any , not to be brought , god himself excepted ; unto whom his soul doth willingly adhere , without so much as the shadow of desiring another authority for the rendering of that we call subjection . what was intended or was founded in that primeve soveraignty adam was to have had over eva , or both of them over their sons or daughters , sin hath eclipsed our sun-like endowments , that we are not able perfectly to discern : but evident it is , that man had at first dominion , by publick decree , only over beasts of the earth , fishes of the sea , fowls of the air , gen. 1. 28. that is , as we now understand it , over unreasonable creatures ; hinting that where reason is perfected , there is proclaimed freedom , dominion still hitting and falling upon that person with the heavier or lighter stroak , where unreasonableness is more or less in-dwelling , or any thing of the bruit further in , or faster rooted , as experience shews in children , fools , or mad-men . the fall therefore , in different degrees , bestializing man , almighty wisdom in all generations , selected the most vertuous , as senior in parts , to ●ule over those younglings , more inclined to debaur'd ; yea hath from this their office , stiled them gods , who were not eminent in that god-like quality of holiness , but fiery and tyrannical , ruling over others as their creatures , for the punishment of a people guilty of more atrocious crimes : and as men multiplied , and nations increased , so rulers , and under-rulers were propagated , to restrain and curb persons more feral , wild , and unneighbourly , from infecting by their bad behaviour , the otherwise peaceable , reduc●ng them by inst●uction , by correction , to a more goodly deportment ; and by death it self , over-awing the like unruliness , in the sad and passionat beholders . hence it was commendable in this artaxerxes , or ahasuerus , ( for ezrah's king , and esther's husband , was one man ) that god having made him emperour over an hundred and twenty and seven provinces , blessing him with a peaceable reign , and gifting him with the land of canaan , for the punishment of israels sin , to take care against the committing of more iniquity , by impowering a holy jew , a religious scribe , a serious devoto , a gospel wise-man , , one that was known in mosaick-law , who eying the star of the promised return , acted peaceably , religiously , and loyally under the conquerour , whereby conquering so the persian monarch and his seven counsellours , that from them he received a commission , 1. for building of a temple for the god of heaven in jerusalem , that the people might learn religion . 2. for setting judges and magistrates over them , that they might learn manners , ordaining the disobedient to have judgement speedily executed upon him . &c. for all which ezrah was so grateful a scribe , so godly a physician , in curing the distempers of church and state , as to bless the god of heaven , for putting such a thing as this in the kings heart , prayed for the king and his sons therefore , his devotional affections running equally as a mighty river , into the fountains of gods glory and mans good . for this last , right honourable , ( our temple through gra●e being builded ) are we met here , viz. for appointing judges and magistrates ; and because your selves have authority from our great artaxerxes , it is only my part , as one of your unworthy scribes , to mind you of what i know you have already purposed , ( i. e. ) according to the wisdom of your god , which is in your hand , to set over the people magistrates and judges , all such as know the laws of our god , and to teach them that know them not . in order to which , according to the same law , let us distinctly view , 1. the notation , sense of the word , and the end of magistracy , set thou magistrates and judges . 2. the necessity of the thing , and rule by which they are to be chosen , after the wisdom of thy god. 3. the honour and respect with which the magistrate is to be noticed , and whosoever will not do the law of thy god , and of the king , let judgement be speedily executed upon him , whether unto death , or banishment , or confiscation of goods , or imprisonment . sect . i. the notation , sense of the word , and end of magistracy . it cometh from the word magister , to have the mastery , rule , or government over others , one placed in power , and lawfully impowered to coerce , prevent , and punish disorders , in all wisdom . the sense of the word magister being magus in the persian dialect , called wise men in st. matthew , such as the greeks called philosophers , the french druides , the egyptians prophets , the english wise men , or cunning men , or canny man in this kingdom ( vulgarly ) that is one handy , and dexterous in the pursuit of those offices , unto which their eminent abilities in the eye of their superiours , as a commendamus did instate them , as here , the wisdom of god in the hand of ezrah , that is , his promptitude therein , and readiness thereat , did prefer him in the observation of artaxerxes , to this high and eminent imploy . the word shaphetin , radically signifies judging ; but that part of it , as to men , which is translated juridicos , such a judgment as judiciously giveth the sense or being of the law , called also causidicos , such as determineth or pleadeth causes betwixt men and men ; praesides , presidents , a word intimating a person invested with publick authority , for management of the affairs of a common-wealth : a judge or magistrate , the law and the people , being the three essentials , giving life and const●tution to a re-publick . of magistrates some are supream , others subordinat ; some are greater , as having a greater charge , others lesser , according to the limits of their government , some such by birth and succession ; artaxerxes was the son of zerxes , others by election , suffrage , or by vote , as ezrah here , and now with us . the first as the king , is compared to the soul , as being that spirit by which a nation is quickened , the latter to the body or members thereof , by which motion is made to curb wickedness , and encourage goodness , and that splendidly , because of which , there are who will have the word magistrate to proceed from magis-and ter , he performing a threefold office remarkably , 1. in protecting all the people . 2. in praying for the whole people . 3. in punishing disorders among the people . the roman magistrates were at first called pretors , as going before the people to espy and foresee perils ; then judges , from discerning the sense , and expressing the meaning of the law ; then consuls , from consulting the peoples welfare ; which again giveth a threefold use of magistracy . hence they ar● called , 1. rulers , from regulating the people , that they grow , or run not crooked o● uneven in their manners . 2. ancients , as being older , that is wiser then others , governing by gray-hair'd experience , by prudential advertance , their subjects who are supposed to be more young , that is , rash , tender and head-strong . 3. elders , as having both antiquity writ on their persons , and gravity on their faces , in opposition to those youthful and frisking glances , they are to banish by more severe behaviour ; from this notion cometh the word alderman , in our neighbour-kingdom , and great city , which represents but the sense of our word baily , a title lent us from our ancient allies the french , signifying puissance , command , or authority infused into him for executing the law , in his place and stead under whom they are bailies : and your ordinary additament sir , is but senior , having respect to his venerable age , years , and countenance , not that a youth may not be a magistrate , for consulatus est praemium virtutis , said the great italian in his sound politicks ; government is the reward to vertue , not of years , he being senior , he being alderman , who is old , stayed , learned , and grave in his carriage and conversation . 4. governours , a metaphor snatched from the pilots exercise , a city being as a ship , the magistrates thereof intended for safe conducting both cargo and vessel to the designed port of peace and prosperity ; therefore were the athenian judges the day of election sworn thus : i will give sentence according to the laws and decrees of the people of athens , i will not take gifts for judgement , i am not younger then thirty , i will hear both parties , the accuser and defendant alike , i will pass judgement aright in the thing prosecuted by jupiter , neptune , and all the gods . they are called also high hills , princes , leaders , powers , gods , consulting about things to come , judging about things present , governing for the time allotted , according to the known law. the prefect of rome under king romulus , had the charge of the city only , yet afterwards his dominion extended to an hundreth miles about it , exercising his prefectory prepositorship , or provostry , for so i may call it , according to the idiome of the word , as doing , as going , as speaking before the people , for example , for conduct , for caveat , that nothing should be done wickedly , undertaken rashly , or uttered indiscreetly , against the b●nefit of that body under inspection . so samuel was magist●atus , that is magnus magistratus , shinely , brightly , being truely feared , and highly approved of the people , 1 sam. 12. 3. it was said by a great man , that nothing was more difficult then to govern well ; and such as are apt but to the contemplation , how much more they that are called to the exercise of magistracy , shall find it more then ceremonious to be a ruler ? for conform to artaxerxes , the end of that call is , for , 1. judging . 2. teaching . 3. punishing of the people : of which in order . 1. judging , insinuating clearness of understanding . this word judices , or judges , is from jus dicere , speaking audibly what the law inwardly hath conceived , his eye directing , diving into the most dark recesses of a statute , for clearing up the iniquity or innocency of a cau●e , depending before his bench , or standing at his bar , not torturing , or stretching the joynts the●eof upon the rock of subtilty , but wisely to respect the meaning and ultimat scope of the appointed rule , which is never to oppress . what sinews and arteries are unto the natural body , forming for upright walking , that judgement is to the politick bulk of a society , moving for discerning betwixt the clean and the unclean , in ezekiels style , c. 44. ocularly , as it were pointing at their several natures , for imbracing the one , and spurning at the other , and to discern between good and bad in solomons wish , 1 king. 3. dogmatically by an authoritative sentence ; unto which in that critical case of the harlots , an eager and sharp prying into the law of nature , dissipated all foggy complaints , solidly discovered the true mother , by an unusual command of dividing the child , procuring a reverend fear unto his own regal person , all inferring from this acute discovery , that there was no bemisting of his unde●standing . for compleating of mans judgement , or perfecting of justice , philosophers required these three things , 1. memory , 2. intelligence . 3. observation of providence ; and if we can remember the import of these , it will much irradiat our understandings for giving judgement in any case . for 1. memory is a repository for storing up registers of former , or past actings , that as from a bank they may be provided for ex tempore assaults . or again , that justice be not perverted , when at last it may be casu●lly impeded , but executed . so gamaliel secured the lives of the apostles against the councils resolution , acts 5. from calling to mind the unprosperous insurrections of theudas and judas . so david at last executed judgement on joab and shimei , proving at length too strong for any son of belial , 1 kings 2. and cesar's not reading the letter , that discovered his own intended murther by a miscreant crew of conspirators , given him before he went to the senate , may compel a magistrate in tumults , into a sagacious inspection of any informatory epistle , given in his approach to court or council , or in earnest , in the most serene tranquility of the calmest debate . that check the oppressed , yet loyal machetas gave philip of macedon , passing ( through inadvertence ) an unjust sentence , may cause a justitiary to have both his eyes open , in deciding causes : it was this , beholding the king drowsie , and more then half asleep , while the pleaders pleaded , condemned him in a certain sum , upon which machetas with a loud voice appealed from him ; this enraged and throughly awaked the king , demanding to whom ? to your self , sir , said he , when you are perfectly awake : this made the ingenuous prince blush , who hearing the cause attentively again , gave true judgement , himself paying to the other party the debt he had unjustly ordered the appealer to discharge . the same prince in a hurry being complained unto by a poor oppressed woman , told her , he was not at leasure ; she boldly enough replyed , then be not at leasure to be king : the shamefac'd worthy , first gave her justice , and frequently after that heard all complaints himself . the remembrance of which and such other passages , how competently , as to the memory , would they qualifie a judge ? the 2. intelligence is a pondering upon , and searching as far as possible , into the nature and circumstance of things present and before them , the complainers grievance , and the plaintiffs replyes , being not alwayes writ in text hand , craft , and cousenage will dim the letters ; and to make them appear fine , they will ( it may be ) by the parties be drawn forth in small characters : to this how excellent is a quick and piercing eye , to know each comma , for keeping sense and right reading , from the breath , eye , countenance of the most audacious , arrive at the full point or period of exact sentence , and may triumph in the conquest over falshood , yea perhaps preventing perjury ? besides this , darkness , the unusualness of the case , may jumble a judge , if not more then ordinary ready to apprehend what to do . i have oft wondered at that sentence of the areopagi , before whom a lady was accused for killing her husband and son , who had dispatched a son of hers by a former husband : here there was cause to condemn , and some cause to have compassion , in securing life ; in deep meditation , they ordered the woman and her accuser to appear before them , some hundreds of years after that , declaring thereby , they would not absolve , nor could not condemn , leaving the case to the determination of the gods , the law of the true god not being known , and the poor madam , tempted to such a passion , by so treacherous a deed . magistrates are heads , and excessively fatal will it prove to the least precinct , to be moved by an eyeless , that is a headless head , success not being so betrothed to each blind man , as she was to that famous bohemian zisca , who fought several battels with one eye , and some with never a one , yet still conquered the papal armies : but also observe , his victories proceeded from the bright lamp of his beaming understanding , or rather sun of clear judgement , upon the information of the enemies array , the eye of the body being but the casement , through which the vivacious soul emits her light : and a wise man will be wise in a dark room , and see clearly what to do though his eye-lids be closed . a disjoynted pilot will not secure a vessel , and a rash , inadvertent , and inconsiderat person , nature her self hath made unapt for a judges employ . pharaoh will have men of activity set over his cattel , gen. 47. not sir dull-man , who can neither judge of the weather , nor pasture , nor condition , nor case of the beast . and finding joseph discreet and wise , he made him ruler over all his house . solomon craved wisdom to go in and out king-like , both to begin business , and industriously to end them ; yea end them so , as being prepared for a fresh sally , without transport , perplexity , or amazement . for when in symbols , we see an asses head affixed , or joyned to a humane body , by the masters of that art , we are to understand , a doltish , blocked , dull , and heavy-pated ruler . james the third of this ancient kingdom , presented himself in a medal , under a crown , as a hen brooding over her chickens , with this device , non dormit qui custodit , magistrates are not sleepy , though asleep , keeping their subjects warm , and spying dangers within their circle , contriving methods of deliverance and escapes to those under their wings , in excessive colds , or apparent hazards . this made solomon in a dream to act the wise man , beautifying his throne , grandizing his peasants , making the boot a noble-man , and the noble-man a king , himself as it were a god , by peace , wealth , and religion , all issuing from a sublimated fore-sight of , and careful plodding upon , the weight of his affairs , even in the visions of the night . a judge , as he should set himself to know wisdom and folly , beholding not only the noon-day of righteousness of a person , in full and ample declamations of his innocence ; but also the twi-light , or star-light of another in his incongruous , or incoherent defences : never failing , if better cannot be , to light the candle of his own perception , by interrogatories and demurs , making scrutiny into the darkest crevice , and blindest corner of a petulant accuser , detecting his malevolence in the pursuit , and his revenge in clamouring for a sentence . in which festus was an unjust judge , for leaving paul bound , to procure to himself the favour of malicious jews , acts 24. and whoever followeth him , affronteth the guards that attend them . a magistrate being therefore encompass'd with partizans , and halberts , that all may know he is purposed truly to discern the face of all affairs , and immediatly both ready to punish malversation , and protect the regular in their well principled behaviour . the 3. observation of providence is , when by a cluster of antecedent affairs , compared with the present , in a prudent way of arguing , conclusions are drawn touching what may afterward occur . absaloms murther being pardoned , gave life to a more unnatural rebellion , and since no man did , the unreasonable mu●e hang'd the disloyal traitor . this is not to reflect upon david , but , my lord , to mind you and your honourable assistants , that very often it is no favour to let the smallest sinner go free , from what hath been seen , a reproof , a pair of stocks , one hours uneasie lodging , or a lash with a whip , may save both the expence and shame of a halter . i am prone to think , that moses severity against dathan and abiram , had this in its eye , the people having often murmured , and apt to complain , but until then never offered to attatch the priesthood , apprehending therefore there might still be in the camp incroachments made upon the sacred office , he cursed them from the common death of all men ( if i may call it a curse ) to deter hereafter sacrilegious thoughts from the bosoms of any , how holy soever , and remove them from attempting to touch that holy ground of the lords priest-hood . upon the same bottom it may be conjectured peter founded his strictness upon sacrilegious annanias , that none after him ( upon their peril ) should presume to make offer of somewhat to the lords service with both hands willingly , yet sordidly to clinch their finger for detaining a part , he saying in that bloodless slaughter , to annanias sons , give all unto , or say you give but half unto the lords house , that is , for the use of his servants , and his temple . but sacriledge is none of my province , this is proper , that it is good to be warry , . and as upon one of your tolbooths or new-gate , there is written , justitia alit pacem , peace is daughter unto justice , so justice , this night in a small degree , may procure great peace , some years from the offender , whereas impunity rankleth to a greater disgrace , and the old proverb for a judges chair , may be a motto , foolish pity spoils a city . if these things from sacred and humane authorities were heeded every where , in courts of judicature , called christian , how universally disposed should all judges be to perform what is the next end of ezrah's installing judges for , and that is , 2. teaching , inducing a care of propagating , and countenancing of religion : this the persian king dichotomizes , branching it into two forms , or classes , 1. such as know the law of the lord ; and , 2. such as know it not . there had been before liberty given to all the priests , levits , and the people , to go up to jerusalem , it might then be supposed , in regard of the captivity , the law was either in whole , or in part forgotten , or which is more charitably judged , that the jews did know the law , whereas strangers of other nations might go with ezrah , or be in canaan , and so being heathen , or their religion being mixed with heathenism , might not be perfect in the law of the lord ; and both these he was to teach . ezrah was a ready scribe in the law of moses , having it , as we say , upon his finger ends , for which eminent endowment , is he by his now soveraign made archbishop , or if that offend , the great superintendent of the kingdom of israel , and also as a civilian hath . authority , to appoint judges , a favour shewn him by the bounty-royal of a prince , and such as ezrah not only courteously , but thankfully accepts : yet now there are some that would condemn him for neglecting his priestly office , in receiving a commission for setting up magistrates and judges ; but this is all we sh●ll say , that they that condemneth church-men for this duplicate authority , are not so ready scribes in the book of the law , as he was ; for if they were , they would with him understand both law and church , and people would be bettered by those judges he set up , or then almighty god had never in his law so joyned magistrate and minister together . nay , their necessity , nature , reason , experience , or all , moved that from tully , when he said , that if any thought that the attick re-publick can be well governed without the coucil of the areopagites , he may as well say that the world may be governed without the provide●ce of the gods , ( i. e. ) church-mens courts . the civil ●ffice being no more impeded by his judges teaching , then his spiritual office was by his ordaining judges obstructed , both priest-hood and princedom here uniting , for dignifying each other , as from the beginning hath been , and as yet it doth , and shall in christ , whose laws never divorced , what his father had in all generations joyned together . there is a twofold teach●ng , 1. regal . 2. sacerdotale . and again , 1. private . 2. publick . and again , 1. by countenancing it before others , 2. performing it in their own persons . a magistrate may , and ought to teach all these first ways , a levit , or a priest , is to teach all the last ways . and he who hath seen a quarter sessions , a publick assize , a judges condemning speech , hath heard a glowing sermon . not now to be in a crowd , let us eye magistratical teaching , and that is done . 1. regally , or authoritatively . kings have taught , and yet may , and ought to teach , by their orders , by their laws , allotting such and such a circuite to the cure of such , or such a levite , and how david , solomon , jehoshaphat , hezekiah , taught the people in statuting the courses of the levites , composing prayers and psalms for the people , instituting days of humiliation , and in benign providences , appointing times for gratulation , and how they saw their subjects , whether clergy , or laity , perform these things , is so conspicuous , that it were impertinent to prove it by particulars . 2. privatly , and conscionably ; there is indeed a time for all things , and the season doth season , that is , giveth a holy and savoury relish to things at one time , which at another hour would be culpwble and censurable , and therefore disgustfull and unpleasant . thus solomon publickly helped to consecrat the temple ; and ou● late solomon king james , gave ( shall i call them ? ) two sermons , one in hopes of a victory over the spanish fleet , in 88. then invading england , and another in thanksgiving for its overthrow . but in ordinary , david will walk in the midst of his house , and cut off the liar from from his presence , and who walketh in a perfect way shall serve him , psal. 101. and after he had blessed the people in the name of the lord of hosts , he returned to bless his own house also , 2 sam. 6. it is becoming a holy magistrate , as opportunity offers , to teach humility , modesty , charity , piety , casting out vice , and sweetly alluring inclinations for vertuous education . in a city there is some rich , they may be proud , some poor , they may be unjust , some covetous , they may oppress , some wicked , they may be envious , some idle , they may be unruly : now as these are known to one in place , a wholsome sermon for heaven , for affability , for honesty , for liberality , for clemency , for industry , may be exceeding taking . one says , that there comes to a city , i. luxury and excels . 2. superfluity and fulness , after a stuft panch cometh 3. contumely and reproach , and then to remove all cometh the 4. the adversary and ruine . another being questioned what city was strongest ? replyed , that where were maniest good men , this is added to make firm , not to weaken , to enlarge , not to diminish the judges authority ; for if man would study to be quiet , do his own business , teach all within his own circle , family , school , chamber , lodging , the magistrates shall have less to do , in genoa superba it self , and shall be paralell to that city esteemed by zeno the best governed , the citizens in it obeying the magistrates , and the magistrates obeying the law ; and a magistrates privat teaching will mightily ope●at thereunto . some such thing was intended among some ancient people , who sung their laws , to keep the people still in mind of that by which they were to be governed . shall we think cornelius did not thus teach his band ? nor boaz his family ? or the great counsellours , na●hanael and nicodemus ? if job the poor , was joabab the prince , how shall we think that that king did not teach ? and was not solomon a preacher in jerusalem ? in a regal way seeing the law purely taught , in a private way ordering his family according to the law of royalty , decently , to the admiration of that wise sheba queen , and example of all pious , godly , and future magistrates : who by having an ascent ( i may be under stood ) whereby to go up to the house of the lord , may teach their servants , their subjects , to obey the law taught therein , 1 king. 10. 2. countenancing it before others . this is the pro●uct of solomons ascent , and in this did more then patrizare : yet was david glad when some told him that it was time to go to the house of the lord , the t●umpet sounding to the sacrifice . let interest speak what it will , the example of magistrates hath sway upon others , for learning godliness , and though trade and business may be pleaded , to hinder pulpit-attendance , yet it s not to be forgot , they are to be at leasure for magistracy . i shall be bold to add this more , that sloath or negligence of those in authority , shall be requited and revenged , the dutifulness of the preacher , in supporting that devoyr awe and reverence his hearers are to pay to the honourable office of magistracy , shall not at last have p●osperous success , but somewhat contrary , where the almighty beholdeth that governour not countenance the doctrines of love and fear unto himself . to give laws against blaspheming god , to punish the pro●haner of the name of god , to imprison , to scourge , to put to death such as break the commands of god , to discharge vice with a severe eye , as contrary to the nature of god , and to look ascue with a slighting contempt upon a minister of god , is one of the most indecent , incongruous acts a magistrate can perform , it signifying carelessness how his proper work should succeed ; for therefore is magistracy and ministry appointed as powers ordained of god , and hath swords in their hand , to exhort obedience to the law of god , and to punish them that do evil , to be a terror to evil workers , and encour●ger of them do well , for this one thing , gods glory , with this one difference , that the minister is , or may be called a servant of god , the magistrate a god : now an earthly god to vilifie a servant of the god of heaven sent to earth to aid him in his domination , ●avours of folly , of envy , both which are man-like , devil-like , not god-like qualities . when israel joyned themselves to baal-peor , an idol of the moabites , whose image on an altar , shewed what shem and japhet could not look upon ; it seemeth the elders of the people so far forgot their gravity , as to conduct and guide their wards thither for devotion , therefore were their heads hung up before the lord , and before the sun , numb . 25. by other elders that had not offered up their modesty to that impure priapus : but by discountenancing idolatry , taught some of the people higher lessons of the deity , and such as kept them within compass of the law , and preserved the honour themselves had first received over them . the other favouring image-worship , destroying that respect their places gave them , and in time still will so fester , that they shall be held as base as the earth , when for their contempt of the worship of god , which is the high-way of shame , they shall be set up as beacons , for men who are called gods , to walk more respectfully towards those who are gods ambassadors . it was to teach the people piety , that the heathen sages advised their nobles , princes , judges , 1. to build temples to the gods , and 2. their own houses to be near temples , that underlings beholding the cedars of a land to love and reverence heaven , they also in their low estate might be induced to eye the firmament , that success might be the issue of their trades , and by the hands of their nobles be supplied in such things as they wanted by motions of pitty coming from above . keeping up by this polit-religious practice , both honour to their fancied gods , and popular veneration to themselves and families . th●s may be enforced from the light in belshazzars candlestick : in vilifying but the vessels of the house of the lord ( who were servants but in a low degree ) call them our communion cups , for his darling concu●ines , say they drank healths in them , yet his mene , mcne , thou art weighed in the ballance , and found light , may shew the event of such actings , as whispers , but disgrace to those ministers , who ministers but with , and by , such vessels . but what shall we say , as he was found light who did it , they are usually the lightest persons , and most wanton yet , who are most inclined to such disdaining behaviour , and their sin , when sought after , shall be found sufficiently heavy . good and great joshua , a chief magistrate indeed , commanding both sun and moon , choosed to live in the tribe of ephraim , and was buried in the mount thereof : the tribe which god had chosen , to erect his tabernacle therein ; and there also but a few miles distant , was his high priest eleazar buried : and it had been pitty , that the first prince , the first priest , and the first house god had in the holy land , should have been very far asunder . that that house , and those monuments , might teach and convince the necessity for magistracy and ministry in god , to be always near to other , that the people might indust●iously strive with god in his temple , for upholding of the same respect in either , pleading with their neighbours to prove conservators of the same union , expressing their gratitude to god for them , by obeying , and respecting both , frequenting gods house by their example . artaxerxes was surnamed longi-manus , or long-hand , and by conduct can draw in the furthest off to hear . ezrah signifies help , and by doctrine can p●rswade the most obstinat to obey . this shall he find , who is in power , if he protect the honour of gods sanctuary with his sword , that is , by his attending therein , and honouring him that serveth , for the same ends he hath sword put into his hands for . from this , sure , came that old principle , that à bono principe , &c. a city is rather prosperous by a good prince , then by good laws ; this last , without the former , being but as paper bullets , creating a noise , but doing no execution ; the first being a speaking , moving law , towards instruction and sanctity , by demonstration , whereas the other are but as mathematical lines , shewing after what manner some hath spent their time for our learning , and having no master but our selves , either we come short of skill , or arrive at it with difficulty , whereas exemplarly teaching maketh us perfect with ease and delight in the most necessary speculations of god , our neighbours and our selves . when joshua died , the people had the same laws they had in his life , but he that says they had the same manners , never understood the book of judges ; this one instance may serve for all , without opening the graves of the good and bad kings of jerusalem and samaria , to make it unquestionable what henry ● emperour , when demanded why he would wear plain and course cloath , or stuff , answered , non corporis sed animi . a magistrate was not to be finer , but much better then his subjects , and to go before them in goodness and vertue , which perswades more cheerfully to serene behaviour , especially if correction be applied to lewd and barbarous undertakings , to such , a pillory and a whipping post , is a desk for a catechism , and a pulpit for edification . but this leads us to the last end of magistracy , which is , 3. punishing . this is teaching with a witness , or as we call it , with a ce●tification , it setting home the lesson upon him that will not learn it by heart . after this sort , with briers and thorns , gideon taught the men of succoth , judges 8. that is , good manners , civil answers , and courteous hospitality . some are blind , and will not see the law , others deaf , and will not hear the law ; others lame , and will not work the law ; others are wanton , and will scoff at 〈◊〉 law : now the judges office is , to let all of these feel 〈◊〉 law. the almighty gave his statutes in mount sinai in thunder , and such who are indifferent of hearing the sound , may change their behaviour , when informed there is therein a killing or deadly bolt . if judges make judgements wanting bolts , whereby to chastise malefice , at the last may be taught , that such counterfei●ing of laws , is● but mocking of god , and his sword shall strike at him , who thus abuseth the very end of his commission , by powder squibs , and rockets . the magistrates are said to bear swords , rom. 13. and he bears it in vain , if he only prove an animat cavalier on horseback ( as the image on a half crown , ) or george a horse-back on the medal , whose sword hath neither point , nor edge , to draw blood , only lifted up , as threatning to kill the dragon , yet never so much as ruffles the hair of his skin . whereas , in vain , in the apostles sense , stands in opposition to the wickeds carelessness that he should fear , and for excitation of the judges diligence , that he should not be slack . the roman tribuns had before them carried , as by officers or serjeants , certain bundles of rods , with an axe wrapped up in them , to let all see their promptness , in s●ibbing disorders , that their city might rather have seemed a school for manners , then a city of trade , or arms. such was not laish , or cesarea philippi : for in it , there was no magistrate to put them to shame for any thing , judg. 18. there being therein nothing to be ashamed at ; wherefore god , as ashamed of them , removed them by f●re and smoak , he purposing to be revenged at last upon beast-like men , and drone-like governours . it is the motto of guild-hall , or council-house of zant ; or to come nea●er , i suppose in imitation of it , that of glasgow in this kingdom , hie locus odit , amat , punit , conservat , honorat , nequitiam , pacem , crimina , jura , probos . as if courts were designed only ( as they are not for any other thing , then ) to hate wickedness , love peace , punish faults , preserve priviledges , and to honour good men. in which sense , let not the gates of hell , that is , the wit , or craft of hell ( for judges of old sat in the gates of the city ) prevail , ( shall i now say ? ) against the gates , that is , against the magistrates of this honourable burgh ? by impunity , negligence , or over-sight . the society of the vicious being truly contagious , and as pestilential air , infecteth others , to shut them up , may adapt for a cure , making them chrip their miserere , and those that pass by , saying , amen , to their lord have mercy upon us . and now we are upon the threshold of your archives , ready to open your arcana imperii , ( i. e. ) your charter-chest : for now artaxerxes and you , are to consider how to execute judgement , how long the offender should lye in prison , how close his prison should be , how long , or how far he should be banished , whether this , or that fact be capital , or no , or fineable . how much , or what part of his goods should be confiscat , or no : but this is hercules club , and i cannot weild it ; it is apelles table , i shall marr the draught : leaving it therefore to him and you , i say only this , that our great king james had somewhat he now and then called king-craft , and this none was to learn but himself and his son : this point is magistrate-craft , i presume not to have skill in it , yet i hold it part of my craft to shew you , that when you are about this , and have determined upon it , that god would have you do it , 1. couragiously . 2. nature would have you do it mercifully . 3. the kingdom and city would have you do it legally . and 4. artaxerxes would have you do it speedily . 1. couragiously . he is gods representative : and in this particular , ought to fear no man , but with a holy audacity , say to the malefactor , as joshua to achan , god shall trouble thee this day , for troubling us . he was oft bid from god and man , be strong , ( josh. 1. ) and of a good courage . in your election , morally , let your officers proclaim at the council-door , what the officers of the jews published at joyning battel in history , what man is there that is fearful and faint-hearted ? let him go and return unto his house , deut. 20. 8. for what hath clinas , i mean the coward , in him , deserving to be chosen for wearing of a sword ? unless it be to cause melancholy retire from a beholders eye : whereas justice is so grave a thing , that it ought not to be perverted by fear and trembling . a god to be a coward , is improper , but to be might● is a due and comely decency , making path-way for the wheels of ju●tice's chariot , that she may ride , as in the chariots of amminadab , a prince of the tribe of judah , who first entered in into the red sea , after it was dryed up , not fearing the fall of the waters , with undaunted swiftness . the highest severest athenian court , was that of the areopagi , they sat on a rock , dedicated unto ( and it 's thought had the statue of ) mars their god of war ; they judged usu●lly in the dark , that they might not regard the speaker , but the thing spoken , awarding off terrour that could any way arise from any adjudged , and only fearing god. the famous moor in his utopia , cannot fancy a magistrate in his head , until he hath freed him both of haughtiness and fear ; and i● such an one be in any place chosen , who hath these , it shall be said of them what severus in herodian said of the cohortes urbanas in rome , that they were magis pompae , quam virtutis administras , rather images or pictures , then men or magistrats , fear eclip●ing reason , and blunting the edge , if it break not the point of justice sword. 2. mercifully . this is one property so eminent , so essential to god , that but for this , the world had fallen about mans ears ; neither delighteth he in a afflicting man , lam. 3. 33. it indeed carries away the palm among all gods work , yet is he also so just , that i doubt if ancus martius first found out the punishment of fetters , prisons , stocks , &c. as some writes , for keeping men in good tune , since i find a kings bench , ( i. e. ) the kings prison in the days of joseph , gen. 39. yet are there so great out-breakings in that heart which is our own , that we ought by pity , to put our selves in the prisoners place , though out of necessity he be made to grind in the prison , for his undutiful actings . it was a fine saying of that gamaliel of the church of england , reverend d. hammond , as i have heard , who in a peculiar request , being denyed by the late usurper , the doctor said , he perceived the tyrant to have guts , but no bowels . the like may be said of him who hath no sorrow , no natural feeling of his prisoners condition , it being given as a maxime , that towards god , man should have the heart of a father ; towards his neighbour , the heart of a mother ; only to himself , the heart of a judge , harsh and severe . the hebrews say , that god dwelt in his tabernacle all days , since the beginning , appointing but one day for judgement , giving all other for clemency and mercy . it is probable , that from this topick of compassion , cometh that english custom , in calling a bloodless assize a white one , or a maiden one ; and with the justices of peace , there is joy , and to my lord the judge , there are presents and gifts , mercy here and there in all , rejoycing over judgement in the high sheriff remarkably . 3. legally . a ruler is officially , lex loquens , a speaking law , not doctrinally only , but also the applicatory part thereof , applying the rule of the law to the back , to the head of the offender , which absolutely dischargeth any passing over the verge , or unraveling the hem of the law : imposing moderation , while the punishment is infl●cted , divorcing passion on si●ster , or by-accounts : for all pilats ceremonious washing , he was an unjust judge , the witnesses against our saviour ought to have been cast , they not agreeing in their testimony , mark 14. he is pater , pastor , medicus : a father , and therefore courage is fit ; a shepherd , therefore compassion is proper , especially to those that are heavy . a physician , therefore rules are necessary ; in receipts a drahm too much through inadvertence , or a double dose , in wild adventures , is disgraceful . it is true there are faults take men in a su●prize , as sudden heats and colds , others are pestilential and infectious , others , as consumptions , seem hereditary . the state mediciner is not so tyed to the rules of the law , but sometimes prudence will mitigate the same , and oft he will article with the law , not for laying down its commission , for punish●ng altogether , but will for its giving a greater or lesser censure , providing● that that little one keep the body politick in a due and calm temper ; if not , with the emperour ferdinand , our magistrates motto is , fiat justi●ia , let the law be executed , fearing the guilt of that other emperour , balbinus his device be charged upon him , bonis no●et qui malis parcit , he damnifieth good men , who indulgeth wicked men . 4. speedily . this is artaxerxes symbole , let judgement be speedily executed upon him ; the want of this foot-manship in holy writ , seemeth to be the only fault o● the unjust judge , he only appeareth ca●eless , and indifferent in the execution of what came before him , for when he sentenced , for ought we find , it was confo●m to the merit of the cause ; and so will god , whose representative governours are , avenge his own elect speedily , after , or when they have cryed day and night unto him ; luke 18. but ha●k ! this rule is not so head-strong , as to run a gallop , before the cause be searched , found , and the truth of it be searched by the law , and sealed by its signature . god came down to try sodom , before he came to execution . and speedily here stands in opposition both to rashness , and dulness ; wherefore alexander the great , was great in this , that in hearing causes , he closed still one ear , keeping that for the other party , that until both were heard , the complainer had but half his hearing . when all offices worthy of the purple , or scarlet robe are performed , and the fire of truth unquestionably falling upon the black tinder of impure actings , to delay the execution of the sentence , is to be grand-child to the unjust judge , a tedious demurr being contrary to the institution of the rule . or if there must be a delay , it is magistrate-craft , and that belongs to your selves . sect . ii. the rule by which magistrates are to be chosen . to speak of the necessity of magistrates , and enforce it with discerning arguments , were equally to lose time , as to evict at large the expediency of the suns light , and moons brightness . the custom of five days rant and liberty to debauch given in persia , at the interval of kings and rulers , riotously opened the dullest understanding , for serious resolves perpetuating the instalment of judges , for justice and judgement ; the first , for punishing the guilty , the latter , for acquitting the innocent : such now being the condition of all places , that for sin by wrath , and through unpeaceableness by lust , israel gods own land , the temple his own house , and jerusalem his own city , must have overseers under him , or it shall perish ; yea babel would be more confounded , and samaria more idolatrous , had it not a rule some way or other to order that confusion , and preserve it from destruction , to manage that idolatry , that ( as each one pleased ) it might not be his will-worship . for 300. years rome had not many , yet some laws , and those chiefly relating to martial affairs : but afterward the athenian tables were the rules of justice , and the ballance in which the due weight of affairs were pondered . therefore artaxerxes , whose name carries in it both strength and war , having obtained peace , knowing a magistrat to be atlas civitatis , the chief support of any countrey , without whom the rabble of a mercat could not avoid tumult , civiliz'd nations having aediles cereales , overseers thereof , ordained ezrah , which signifyeth assistance , or help , to cull out such by name , assigning them particular jurisdictions , as the lot , or circuite of their charge ; here one city , and there many villages : and the rule by which he was to choose them , was according to the law of his god , charitably conjecturing this to be done by him . ezrah choosed for judges , i. able men , 2. fearers of god. 3. lovers of truth . 4. haters of covetousness , exod. 18. 21. 1. men of ability . whether you descend to the gifts of the mind , in activity and strength of judgement , or if you fix upon the joynts of the body , in a nimbleness for action , or whether you lodge within the house , in a fair competent estate , and comely affluence , i care not , for such things as these are to be understood according to the port , a ruler is chosen for . the want of any one of these , diminishing from the splendor , or casting some refuse upon a judges robe . and the enjoying of all these , is adequat to that harmless pomp , ought to be viewed , by the eye-gazing● people , for ( they being much taken by sight ) if somewhat more then ordinary be not perceived , the divine institution of authority , as by some secret magical spel , shall want its due respect and veneration . thus david was of a goodly countenance , and a comely youth , ▪ saul hath been a man of a noble meen and carriage : and davi● went on and grew great , 2 sam. 5. above all things get , this day , able , that is , wise rulers , without which , all law , all reason from law , will be mank and lame . for if there be not in the officers , internal principles of active prudence , to consult , determine , discuss and dispatch affai●s , by strong apprehension , contingency of events , and experimental observation of past occurrences , both error and terror shall invade the city . 2. men fearing god. why are judges called gods ? but that the people may fear them , and for the upholding of that same fear in themselves , towards him whose name they bear . for no sooner did adam that great magistrate ( receiving homage of the creatures , they taking from him a name ) rebel from fearing the lord , but he stood in fear of himself , and of a little cold air , of a small serpent , of a fiery angel , &c. the majesty of gods word , which he is still to eye● the deformity of vice , which he is still to punish ; the preservation of the city from the judgements wickedness shall procure , the convulsions , shakings of the strongest founded bodies , which ungodliness shall cause , we presume shall plead ( the fear of god being set up in the high place of this ancient and honourable metropolis ) before your voicing , for the fearers of his name to be voted for , for retaining that old epithet of your city , and making it truly the good town . be it sound , be it fond , what interpreters of dreams pretend is foreseen in them , that a person dreaming of being a magistrate , ominats care , vexation and trouble , i shall not dispute ; this is sure , that neither the wealth , honour , nor glory solomon brought israel , could after his death secure him from the name of an oppressour . and that poor wise man , that defended his city , was basely slighted by ingrate citizens , eccles. 9. 15. avouching that the true fear of god , is the only sure card that a magistrate can expect to win either honour that is lasting , peace that is inward , or comfort that is spiritual from . edward the 6. englands josiah , gave in a medal a sphear surmounted with a crown , a right hand issuing from a cloud , holding the glob , fixed by a chain , with this symbole , nil sine deo , god is all in all ; informing , that whosoever have government , must reflect , that heaven hath the chief regiment , and if its hand support not ( which fear only keeps st●dfast ) he will suffer the kingdom or city to fall into shivers , as a broken vessel , not to be regarded , be the laws never so sharp and severe : piety in the heart only sanctifying the rod in the hand of the politick father , for amending his stubborn son , and removing guilt from the place by his due execution , gen. 20. 7. 3. men loving truth . that is , so to search and sift out the t●uth , that from a heap of dust they may seek , until they find , not accounting the inquest burdensome , one grain of solid verity being worth much incustry and sweat . the love of fire will make men seek for it from the concussions of two flints , from two opposite and strong fore-heads , and fiery contentions : an exi●t surveyer will fetch sparks of equity shall give light to a whole tribe , yea beautifie a nation . with the two harlots it was only an aye , and a no , without either witnesses , or circumstance to find a cheat , yet solomon being a lover of truth , fanned away the chaff , and found that which made all israel to fear him . to alter a little what the ancient christian hermes ( st. pauls disciple ) in his precept concerning justice said . there are two messengers , i might call them procurators before a bar , one is nuncius iniquitatis , another , aequitatis ; one bluntly or fully speaks the truth , the other audaciously and pertly gilds falshood that it may pass for truth . now what god did at sodom , the judge must endeavour to do at the bench , ( viz. ) search out the truth of sodoms cry , gen. 18. and know if that persons bawling have a true cause , if the law speak as that youngster asserteth ; on the other side , if that pretended malice be of verity the other saith his adversary hath against him , and i● that be true , that he fo●merly vowed revenge upon some disgust , is substantial for a judge that loveth the truth to be exercised in , and it shall occasion him to have infin●t more joy , because better grounded , then the egyptians had in their sacrifice to mercury , feasting upon figs and honey , and zealously singing in their own language with hearts gladness , o the truth is sweet ! this job was excel●ent at , for the cause which he knew not he searched out , being a magistrat , if not a king in his own countrey , supposed to be that jobab mentioned among the kings of edom , gen. 36. 33. and in this one point david was rash and faulty , in giving to ziba a nurcius iniquitatis , false informer , the lands of mephibosheth , before he had searched if that son of his old and dear friend and brother , jonathan , had been , ( as he was not ) in the conspiracy with absalom , 2. sam. 16. 4. men hating covetousness . it was the emperour hadrians usual proverb , non mihi sed populo , i am to enrich the people , not my self . and the famous ptolomeus had rather his subjects had store then himself , saying , their riches was his plenty . and i find in another history then scripture , that this same artaxerxes said , regius est , &c. it was more king-like to give , then to take from his people . and jethro , whose name signifies excellent , and finding out , will have this excellency , in that man appointed for bearing rule among the people . his office is to restrain prodigality from without , and rein or curb the covetous from gripping within , he is therefore to stand between them , hating the covetous so much the more , as he is further from the publick good then the other . 1. from his base keeping . 2. from his dangerous receiving , that is , of bribes , or gifts , for perverting judgement and law. both greeks , latines , and hebrews , had their aediles , cereales , overseers , shall i call them clerks of the mercat ? overseers of the corn , moderating the price thereof , that the poor might be satisfied with bread , breaking their hunger , and filling their bowels with a larger loaf than hucksters would allow them for their money . but to what purpose are these or any other laws ? if a handful of silver shall benumb their arm , not to write down , fell for so much ; or so tongue-tye them , that they cannot say , you grind the faces● of the poor , isai. 3. 15. when alexander the great had sent a richer present to the grave phocion , then to all athens besides ; because he seemed to be a just man , he refused the gift , saying , let me continue to be what i seem to be . the like answer the famous chancellor moor of england , gave a lady who had a cause depending before him in the chancery-court , upon the like occasion smiled● saying , gentle eva , i 'le have no apple . it was this made the cretians of old , or candiots now , to have the image of jupiter without ears , ho●ding it unsuitable that he who gave laws to others , should so much as hear another whisper unto him : and others painted their judges without hands , that nothing could be received , albeit baseness should make offer . yet since vertue ought to be rewarded , and gratitude loveth to be seen , an honourable pre●ent after the final sentence , may stand with this law , and whose oxe have i taken to blind mine eyes therewith , is a sufficient salv● for a suspected judge , 1 sam. 12. 3. i know a good conscience is joy enough , and reward sufficient for just decrees : but since goodness god-like is communicative , an apple upon the judges table out of the restored orchard , is an ensign displaying thankfulness to god and man , god as the cause , and the judge as the inst●ument in his hand , for recovery of unjustly detained possessions ; encouraging even justice and vertue it self , to go 〈◊〉 in a confident and upright progress . but to be too closs , and too proportionat here , is not my task either ; this only i learn , that fire shall consume the tabernacles of bribery , job 15. 34. right honourable , you must answer at the last day singularly , for this dayes choice , therefore take care that the pure scarlet be not put upon them of blemished lives , who will stain it by future impieties . david was cor , lingua , calamus primi regis , the heart , the pen , the tongue of the great king ; that sanctifying the root of magistracy , ( that saint being the corner-stone , or stock of judah's princes ) the least twig or stone thereof , might in future times be holy. chuse you such , who are like to gods own heart , that being the proper medium for admitting them into the hearts of those for whom they are chosen : but this bringeth us to the last section . sect . iii. the honour with which the magistrates is to be noticed . every soul being ordained to be subject to the higher powers , that is , to the person invested and endowed in a right way with power , pleads for fear and honour under the new testament ; but , curse not the gods , nor speak evil of the ruler , under the law , with other scriptures , rom. 13. 1. exod. 22. 28. importing high veneration and respect , speak how ezrah's judges ought to be rever'd : and the multitude of earth's inhabitants , having their happiness from under the wings of magistracy , power having respect to the curbing of the vicious , and protecting the innocent ; vertue hath infinit arguments prepared for peoples yielding to an authorized judge : the four ordinary prescribed duties , 1. of honour . 2. lov● . 3. prayer . 4. obedience . 1. honour . this the very sheath , yea shadow of the sword , the romans birc●-rods , the magistrats white stave , his long robe , constantly commands as due from all beholders . there is an honour , that is , a r●ve●ence we owe all men , but the gods of men● are doubly beaut● fied with the image of god , in governing faculties , and transformed by a politick soul of life and power , into an higher degree of manhood than ordinary commons , therefore is double honour to be told down , in ready and prompted respect , as the egyptians , and joseph's brethren , in , my lord , and bowing down the head , gen. 47. 18. tell me not this to be understood of good magistrats , malversation as to men , not destroying the prerogative of authority : for , 1. thunder-bolts are of gods appointment , to frighten and to punish men , so also are tyrannical governours designed as the harsh and untender chi●urgeons , to search the putride sores of an unholy common-wealth . 2. who are the good men ? or where are the good works ? or to come more closs to the objection , who is the wicked magistrate ? for he who watcheth the garison of his charge best , and with greatest circum●pection , and fatherly depo●tment , and he who draco-like , is most severe in punishing to death the least debaurd , for lopping off delinquency , shall be by the unruly , surnamed alike tyrant . the log from jupiter in the fable , was the worse magistrat ; and solomon in the truth , was accounted by male-contents , none of the wisest , because an oppressour . 3. saul had been forsaken of god , in the prophets certain knowledge , yet le●t the people sh●uld dishonour him , samuel ●iveth him honour in their presence , and telleth the people nothing of the divorce . do the like for a petty co●stable , in his own hundred , and for a baily in his own baily●ick , for a justice in his own county , for a ruler in his own verge , an● for a judge before the members concerned in his court : for it is his due , and thy debt , jure divino , rom. 7. yet ought those of the scarlet gown to carry such an affable meen in the face of their conversation , as to live in the affections of their people , a mean for everlasting honour , like antonius venerius , duke of venice , whose life in the history of his fellows , dignified with the ducal crown , speaks him to be of excellent abilities for the honour , being ingenio ad benevolentiam comparandam accommodato , industrious for procuring of good-will in it . morosity , surliness , sawciness , or disdainful pride , being destructive to those honourable thinkings the vertuous themselves frame upon the anvil of sound knowledge , for upholding , as nails , the curious wainscot , or ceiling of true respect , towards all wearing the furr'd long robe . 2. love. what the pilot is to the ship , what the physician is to the sick , what the father is to the children , that is the prefect , provost , or maior to a city , acting by his counsel , for the security of the vessel , for satisfying of the heart , and for providing not for the son only , but the least servant within the body politick , david , while yet a courtier , behaved himself wisely , and was accepted of all the people , 1 sam. 15. 8. he is in place of god , and that godhead he is endowed with , prohibits the least inclination to disrespect , or hatred ; but as true love without bitterness , and real love wanting hypocrisie , is duely to be offered up to god , for his own sake ; so is it also to be rendered to the magistrat for gods names sake and authority . 3. prayer . sound not the triumph at the electing of any men , so highly , as to forget with elias they are subject to the like passions with other men : they are gods , it 's true , but the gods you are this day to elect , are made up of flesh , and therefore obnoxious to those interests , by which the circle of this world , by worldlings is moved ; and if your prayers hold not up the hangings , that god may be seen , both by the eye of counsellours now , and of magistrates who are to confer about you afterward ; flesh may bemist their eyes , and judgement may be fore-stalled by a whispe●er , for preventing whereof , fix your eye upon that green carpet , that velvet cushion , in the words of the psalmist , the lord hear ( you ) in the d●y of trouble , the name of the god of jacob d●●fend you , send you help from the sanctuary , and strengthen you out of sion , psal. 20. 1. for our dayes are dangerous , and the times you know are perilous , &c. if prayers and supplications must be made for all men , for kings , and for all that are in authority , 1 tim. 2. 1. sure for our own native prince , and for them under him , whom we by authority from him , place in regiment over our selves , are we to be doubly zealous , or then , where is he , that from this dayes determination , can , or ought , to expect to lead a quiet and peaceable life , in all godliness and honesty ? it being true of governours , what in divinity is said of ministers , paul may plant , and apollos may water , but god must give the increase : it not being pauls studying , not cephas preaching , nor apollo's oratory , that can convert the soul , but the spirit of god , in making use of them for that end ; so it is not wise men , faithful men , good laws , solid counsel , sound advice , that will make your city prosperous , but the blessing of god through your prayers , upon their deliberate resolves . if a magistrat be a god , then his actings for our good , being heavenly , must god-like , be the return of our prayers , or then , &c. it is easie , it is ordinary , though it be undutiful , to be mustering , and talking of the many faults of those in publick places , whereas one way to have them few , ( viz. ) making many prayers for them , is omitted by many sons of disobedience ; and for this cause , i conjecture , plato's laws appointed youth and childhood to be trained up in the customs , laws , and principles of their imaginary gods , that a reverence might be held , not only to their religious service , but in politick , though divine manner , it might be presented to them in their court-inquisition among men , in keeping custom and law together with religion . 4. obey . this is the product of love , prayer , and honour , the final end , and ultimat scope of government , and he that writes one motto of pride upon his crown , non obedio , i scorn to yield , as a rotten branch is to be lopp'd off , by the bill or axe of authorized power , and that speedily , ( the season may require it ) whether it be to death , confiscation of goods , or imprisonment . what ever superstition ( yea robbing of god ) may be pretended to be on one side of the tribute-money we owe cesar , obedience is still to be upon the other , or then experience will hold it for counterfeit , and to be refused . it is the end of the law , that men obey , and the end of obedience is the flourishing of a city , and the end of a city is prosperity and peace . in short , my lord , and right honourable , the great alexander , being to possess the crown of his ancestors by bi●th , yet from what impulse , i know not , i care not , he called his princes and nobles together , commanding them to choose a king for themselves , and one whom they pleased , providing they would choose one who was most obedient to god , most for the publick good , most compassionat for the poor , most for the defence of the weak , &c. they after mature deliberation , choosed himself , and he thereupon sware to do all that : i add , to the other , list them , who will be most for your cities credit , wealth , godliness and honour . and your own reputes in your going off , and falling back , in the minds and tongues of your numerous inhabitants , who will immediatly be curious to behold their new mag●strates . finis . at this time there were elected for magistrates , sir andrew ramsay lord provost . bailies . william reid . james davidson john fullartoun george drummond robert sandelands l. dean of gild. john scot l. thesaurer , &c. duorum unitas or the agreement of magistracy and ministry , preached at the election of the honourable magistrats of edinburgh , october 2. 1666. and at the opening of a diocesian synod , of the reverend clergy there . psal. lxxvii . thou leddest thy people like a flock , by the hand of moses and aaron . among the diversity of gifts , which the author of every perfect donation , giveth unto man ; it is eminently seen , that government of the world hath a principal part of his wisdom and liberality : communicating to this and that other person , rich endowments , for that and this affair , employ , trade or calling , for the beautifying that corporation , he in his providence is erecting ; hence floweth that impulse in youth , yea in child-hood , for wo●k , for books , for speaking , writing , for armes , for arts , we frequently do with wonderbehold . but as all motions must have a fixed axis to move upon , and a basis virtuating the utmost point ; so still hath god elected from that mass of people , them who have in their spirits been adopted , even afar off , for regiment and rule : some from the womb being of so servile a nature , that the whole survey of their life , or actings , their highest principle , is but a token of subjection , nature having made them of so knotty timber , no education can form them to a capability of being mercurial , whether for wisdom or eloquence . whereas , others are of so pure a grain , that the beaming souls beyond their years , are discov●ring somewhat predictive of honour and grandour . r●mulus , romes first king and founder , when a poor shepherd , would sit and determine causes among his fellows ; they giving both audience and reverence to his decisions . we read that phara●h , once putting his crown upon the head of his adopted grand-son moses , when a child , his little armes pulled it away , and his feet spurned at it in scorn , ominous to that egyptian demonstration of his future not fearing the wrath of the king. his killing the egyptian , and saving the hebrew , did prognostick deliverance of the jews from bondage ; and by keeping of a flock , had thereby learned how to rule and govern men , being thereby actually fitted for that employ , unto which from the cradle he had been inclinable . yet as none is eminent in all abilities , moses was , though excellent at government , ( whereof the shepherds rod was the ensign ) yet not in elocution : of which his stammering , or slow-tongue is witness , exod. 4. 10. to help him therefore in his government , a brother eloquent and of a flourishing , because of a fluent style , is joyned to him as a collegue , that the one , profound in judgement ▪ may ponder what is to be done ; the other in charming r●etorick , may alu●e to perform what is deemed necessary in doing . and it being very usual to express the facund and smooth guiding of the tongue by a hand . oratory perswading , that is , leading her hearers to run in , and rest upon that purpose she is pressing for , or painting out . the people are said to be led by the hands of moses and aaron . hence it is , that the two princes of gods israel diversified in gifts , are united in the end , for leading israel like a flock : the great end was , for obeying god , for him did moses eye in all his meditation , and him did aaron respect in all his elocution ; that he , not they , might get the glory of their united industry and powerful atchiefments : whence it is not said , that moses and aaron , but that god led his people like a flock , by the hand of moses and aaron . his head in contrivance , his lips in utterance , both as a shepherds rod , or commanders staffe , inclining them , or beckonning towards them , to move in that path , wherein there was profit , security and honour . we call it a drove of oxen , a herd of deere , a rout of wolfes , but usually a flock of sheep , and so it is here , not that the people were alwayes pe●ceable , for they were sometimes as a sounder of u●ruly swine , but because they were governed , and cared-for as sheep ; and when straying , as by the dog of some judgement , were they again brought into a better order by the hands , that is , by the prudence , conduct , and wisedom of moses and aaron . the first being a noble prince , the other a holy prelate , sones of one womb , crowned , consecrat for this employ literally here , morally for ever , still and in perpetuum while time shal be no more . god governing his church by the hands , that is , by the industry of magistracy and ministry . i do not say the words divide themselves , ( for i fear , and hate division here , bet●ixt ●hose two ) but branch themselves forth , betwixt church and state : and let us speak with all humility of the one , and reverently of the other , beginning with the state ; for though aaron be the elder , yet moses is the greater brother : therefore it is moses and aaron . moses , the fi●st great magistrate over gods united people , and in him there is a plat-form for all people , loving union in the choice of magistrates , giving ab incunabulis , from the milk , proper doctrine for this day , right honourable , and most reverend , in that , 1. his body speaketh beauty , 2. his name sheweth duty . 3. his endowments , m●tives to pray for equality . 1. his body speaketh beauty . this heightned the parental affections his parents had for him , stirring up compassion , enliven'd by faith , exercised in care , for saving of his life ; that he was a goodly child , exod. 2. 2. concluding forcibly from faith and sense , a boy of such vigourousness , comelinesse , such infantile man-hood , was by providence never designed for food to fishes , such the hebrew word tob , senseth the goodnesse , the elegance , the shapelinesse of his f●ature : the comelinesse of his but new seen aspect , the symetry and proportion of his several parts , the exact joyning of his several limbs with the pleasure of his lovely stature , ( to speak of him as a man ) his parents foresaw he was born to command , and having its thought a particular revelation of this their son , ( a general promise being too general for them to conclude a deliverer from their family ) they laid him ( rather than cast him out ) in the arms of providence , by faith , heb. 11. 23. about the kings garden , for princely education and breeding , suteable to the harmonious content they took in beholding his divided limbs , argueing for understanding of a r●fulgent soul , when experience should hold up the hangings , or withdraw the curtains of infancy a●d childhood . suffer moses to suck the teat or pap of his mother a while or to rest in the cradel , rock'd by his sister ; behold israel now grown weary of wanting a king , god provided them a saul , a goodly person , 1. sam. 10. 23. and after him a david , a comely youth and of a good countenance 1. sam 16. 12. the lord by express law , discharged deformity from his altar , levit. 21. and in significant characters hath he prohibited monstrosity to approach the judges bench ; dwarfishnesse , crookedness , blindnesse , deafnesse , umbrageing in any person , some degree of real slighting , irreverence , and contempt , especially when the person so uneven is by choice elected , for in cases of successive government ( though we say the crooked in body is crooked also in manners ) providence is therein to be obeyed ; and even there what reverence soever be due , gratior est pulchro , &c. virtuous and graceful behavior , emerging from a comelie and court-like person , is more enamouring . a proper moses , marching before the camp of israel will be preferred , before a penitent zacheus , conducting the same number of jewes , though it were to the holy land. i find great alexander short of stature , but he was born a prince , and his fine little body was exceeding shapely , his constitution fresh and active , and this is also properness : though charles the great , is recorded to have been facie pulihrâ , of a sweet countenance , and a maj●stick eye , & through out vniversa specie augusta , of a taking presence is more propernesse , it is granted , that a saul may be dispossessed , and that absalom as the synamon tree , may have his ba●k ( i. e. ) his outside , more worth then the whole compositum . that agesilaus that famous lawyer , warriour , and oblidging commander , though a king in sparta , had forma parum probata , a crooked and lame body , yet his father archidamus was fined by the ephori , for matching with a little woman , foreseeing that a king ( such was their constitution , and government ) proportionate to his dame , would , or might prove among kings but a demy , to the diminishing that court grandeur , those stately laconians studied even in stature to preserve . the army of xerxes was vastly great , yet did he ●xcell all his troups for gate and person , being therein a king over them , by natural parts , as well as in legal properties and rights . antigonus junior was senior in this , that no painter could express the liveliness of his countenance . this therefore may be said , that in all elections , for one to go in and out , before the flock of a common-wealth , as moses was chosen , being goodly and being godly , caeteris paribus , they next to moses in comeliness , is to be exalted , not as essential to regiment , but a circumstance having great influence in the judgement of god and experience of men , for keeping magistracy in its primitive devoyr and ancient respect . the beauty of esther ▪ and her excellent feature , moved the king in a throng of beauties , to set the crown upon her head , esther 2. 17 each emulating to be queen ; her inartificial , not painted visage , made more beautiful by an upright body , courted maj●sty to accost her , and sue for favour at the barr of her ●prightly gifts . it is more then once said ▪ that samuel grew , 1 sam● 3. 9. and it was thought fit to mark that , he being designed for a judge in israel . in a city there are sons of belial , in a body p●litick , there may be mutinees and insuriections , hau●htiness and pride may lift up their horn : some are self willed , speaking evil of dignities . how forcible to cha●tise such , to amend such , to terrifie such , will be the very name , shadow , much more the apperance of ●uch a daring person , i leave unto your wiser judicatu●e to refl●ct upon , and consider ? minding you only of solom●ns four things , prov. 30. 3. which are comely in going , a lyon , a gray hound , a hee-goat , and a king , against whom there is norising up . and that the nearer we come to adam , the son of god in his perfection , and the greatest magistrat under heaven , the fitter are we for government : and by the noble ruines in decayed nature , we may guess at the first glory of the fabrick , samsons strength , achitophels head , absoloms beauty , davids complexion , sauls stature , and the nearer we choose to these , the more will authority be nobilitat , such a one , even while asleep , creats a fear in others , animating for action , more or less in the magistrats . ii. his name sheweth duty , abigal argued from nabal , the name of her churle , to excuse folly , and why not others from moses , a nowne to perswade officially unto duty , in the hebrew it is mosche , a name given him when a quarter old , and that by phara●h's daughter ( for that his mother called him joachim at his circumcision , i leave it with them reports it ) pertinently enough , she being a kings daughter , and in some sense a god-mother , to gods chief minister of state , holding him up thereby unto baptisme ; i say baptisme , for , 1. we read of no certain ; nor other name he had before this . 2. it is a name from his being preserved , and drawn forth from the water , and now shal i say to pharaohs daughter , understands thou what thou doest ? giveing him that name because of an office , he is to do on the water , and in it , because she hath preserved him by drawing forth . for ; 1. if many waters signifie many people , and , 2. if great waters seem abounding extremity ; moses is , and magistrates are designed to be drawers forth ; with this difference , that he passively was drawn o●t , and he and they afterward still to draw , 1. from stated oppression , 2. from destructive confusion . both being called , not only to higher purposes , then to be called great ; but to do and act as by the pully of pharaoh's daughters hand , that like oyle upon the other brothers head , descending to the lowest skirts of magistratick power for succouring all oppressed , and all the helplesse . 3. his endowments , motives you to pray for an equality , he was bred up , taught in , and diligently did he learn the doctrine of the egyptians their mathematical sciences , their phylosophie , their hi●roglisicks , but that he wrought his miracles by legerdemaine , or that he made his brazen serpent by the rules of talismatical tradition , ( i. e. ) a figure under such and such a planet , or star , with conjurations , or spels , &c. is not worth refutation , si●ce h● had expresse law from heaven for so doing , sufficeth us to know , 1. that he was a man of knowledge , teaching you , right honourable , to choose a man of sagacity . 2. of prudence , denoting observancy . 3. of courage , stirring for magnanimity . 4. of holiness , teaching piety , it may be profitable to preach the same things , and i am sure it is seasonable , &c. know therfore , 1. he had great knowledge : a magistrate to speak in the language of the times , ought to be a frigot of the first rate , and draw deep , i presse not the understanding of the seventy languages with the jewes , but shall induce , to avoid that reflection antistines gave some athenians , adviseing them to plow their ground no more with horses , but asses , and when told their unfitnesse , as being never taught , quid refert , said he ? it 's all one for that , since you have them magistrates that were never taught the art of government ; there being such a necessity to punish , and at the same breath , an expediency to be satisfied with repentance in men of equal condition , though it may be not of humour , knowledge , of the constitution of the sinner in the politick physician , is as necessary , as to the natural mediciner . many funerals are dishonourable to a son of hypocrates , a physician , evidencing either his mistake by inadvertance , that is of the patients disease , or ignorance of his art , in the nature of his simples or compounds ▪ a magistrat to be alwayes lashing , alwayes stocking burning , showes he hath got judgement but by rote : and is like that school-master , that knows no way to instruct his scholler , but that orbilian , or tyrannical way of scourging , which indeed is one way , but to be left as the last way , and not to be gone into , if any other way can do it . without much search , and without going to the root , fund , and bottom of a cause , without looking this way , and that way , that 's every way contrary to moses , a judge may ●ill the israelite , 2 exod. 2. 12. by killing the egyptian , striving with the hebrew , he shewed the first fruits of his commission to save and free his nation ; but beholding two hebrews to strive together , he processes the delinquent and sifts the cause ; wherefore smitest thou they fellow ? seeing him do wrong , in grave judgement differencing betwixt persons and crimes , accordingly purposing to discern to death or admonition . besides , if in place , fear and dread , for want of better knowledge be the great end of advance , when time wears out the gown , hatred and disdaine are the usual events of such promotions , love being the true bond of durable benevolence , which love to god , and justice , shal in a discerning head towards man , support ●is dignity ; or if blasted with mal-co●tents in the spring of the resurrection of the just , their honor sh●l recover , puting on never-fading flourishes of glory and renown . ii. he had great courage , he feared not the wrath of the king , having once shown publickly his commission , but brought and led israel out from among them . heb. 11. 27. so long as it was a pocket deed , he was cautious , and hid in the sand the slaine egyptian , flying to mid●an , waiting a fairer opportunity , that more affiction might advise his countrey-men to embrace his mediation for liberating them from pharaoh's thraldom : but when pronounced in the ears of the people , and pharaoh knew that god sent him , as that king richard , he became a cor ▪ de lyon : how low soever a man beareth his sail , being once called upon by the great admiral , to come up hither , and ply toward the coa●t of authority , and power for battering down forts and citad●ls , raised agai●st heavens dominon , in the tongue , heart and houses of the debauch'd , he will and ought to bear up brav●ly sitting as on mars hill , god before them , as so●e where the athenians had their godd●ss on a c●shon , cryi●g with moses even the multitude dancing about the gold●n calf , who is on the lords side , let him come unto me ▪ ex 32. 26. with the people , dulnesse is oft took for circumspection , lasi●ess for modesty , rashness for courage ; and therefore courage here is not to be understood m●rtial law , that a sm●l fault should reach to death ; draco like , punishing each triffle with extre●m rigor , but here is only pressed a heroicisme in finding out ca●ses , that the rich oppresse not , that the 〈◊〉 dash no● , that the modest lose not , and that the scorner triumph not , and that the sentenced threaten not , and all in a noble passion in●ffeasive and irreproachful boldness : then shal god say with that she-magistrat deborah , my heart is toward the governours of israel ( my heart is towards the magistrats of edinburgh ) jud. 5. 9 ▪ i shal not altogether condemn cotys a king in thrace , he might have good ground from the constitution of his subjects to ●ssert ▪ when once furious in passion , being told it was not kingly , answered● this passion of mine keepeth all my subjects c●lm f●r oft coyness & sharpaess , not to say s●verity is good . search all histories , and there is but here a battel if any but such as were fought by kings and magistrats whether in israel , greece , baby●on , or rome ; and their highest honors flowed from their eminent hazarding themselves , for their countreys honour : such a time may this be , and your scarlet g●wn may but shadow bloody services , your sword comman●ed from its velvet sheath , to lodge in the breast of a declared f●e , the safety of your city , may consist in casting over the w●ll ; the head of some traitorous sheba , there is valour to be regarded , and valiantly to be debated for , figure● in that , when any of the people sinned through ignorance in moses law , and it had come to his knowledge , he was to bring a kid of the goats , or a female without blemish , levit. 4 , 23. but when a ruler had so done , he was from the same flock , to bring without a blemish a male : a magistrat being to be of a masculine spirit , and nothing femi●●ne to 〈◊〉 noticed by him , even towards god. how much more should he shew virility even among m●n ? 3. he had great prudence , he discreetly fled , when he saw his brethren did disrespect him , as one , not designed to be a deliverer of them , where he stopped . and this is chiefly to be pondered upon , that a magistrat is closely to heed his own province , if it be ordinarily bold or furious , or by a particular malus genius , inclined to lust , intemperance , craftinesse , or theft , or silly , as the inh●bitants of silesia are said to be mostly fools , that by intuitive speculation , a malady , a rupture may be foreseen , and by abundance of caution , make his people beware of lewd attempts . in this , a wise man differing from the otherwise , that the one beholds the performance of evil in its causes , the other never believes it untill it be done : the people thinking generally no such thing was intended , which they behold frustrate ; the magistrat is to see it done in its occasion , and one word of the danger , by disappointing opportunities of mischief . there are who finds in the vulgar no reason of their doing , no spirit to discern , touching what is to be done . a magistrat must walk antipodes , to such blind bayards , and reason to discern , and dis●●rn to determine , and after determining to be resolute . what more ? the coat arm of justice with an old herauld , bea●●th azure , charged with a pair of ballances argent , the first bl●w , the other white , which is by interpretation charity , purity , chastity , with discretion and vigilancy in service , to the justitiary , in weighing out the imports of business , challenges and probations . 4. he had great holiness , in this moses was exemplar , early refusing to be called the son of pharaoh's daughter , rejoycing in the affliction of christ. if holiness consist in a right understanding of god , and in a due worshipping of god , moses life is as a myrrour , he consulting for , and desiring after , more and mo●e communion with , and knowledge of the glory of god ; an enemy he was to all idolatry , and severe in punishing any iniquity by reproving , by correcting the offender : all which wrought a two fold effect , 1. care over the people , 2. prayer for the people he led . which , the good king of france , clodoveus , had in his eye , who for a honorarium on a solemn day , gave in a medal two er●cted elbowes and hands , elevated toward heaven , supported by other two strong armes , with this superscription , tu●issimus . this giveth security , implying that f●●vent supplications , were preferable to all industry , to all armes , to all knowledge , for supposing the possession of all these , yet with moses , must the m●gistrat go to the mount to make attonement for the sins of the people , even when the malefactor is put to death , and the deluded by him put to shame , exod. 32. 30. it is now ●easonable , for we are come to prayer , t● turn , right reverend , from moses throne , to aarons altar , and behold his employ in this affair of 〈…〉 of the people as a flock ; but this would 〈◊〉 , if alone 〈◊〉 , of a dividing nature , and would speak two men , whereas our text only speaks of different hands ▪ such is the union of this moses and that ●aron , that they seem to be acted but by one soul , i mean the spirit of love , that is of god , performing one and the same office , as by a right and left hand . a left hand , not in a sinister sense , but in an inferior degree . this shal be further understood , if you consider . 1. their nearness . 2. their dearness . 1. their nearness . they were both sons of one parent , both children to amrana and jochbed , exod. 6. 20. only aaron was the first-born , being three years moses's elder , exod. 7. 7. ministry and magistracy ( for so a litle while , it must be ) since it is , aaron and moses , exod. 6. 26. ( aaron being senior , and therefore priest ) ought brotherly to behave toward each other , and we may conjure the greatest governor , the highest ruler , when contemning the priest , in the words of god to moses , is not aaron the levit thy brother ? exod 4. 14. not but that moses was a l●vit too , but aaron is said to be the levit , not only for distinctions sake , from others of that name , but futurely designing him as levit , for the root of the priest-hood for ever . and so near hath been the relation in all countreys , that they seldom parted by law , and if by violence , it was mischievous . they were united in adam , who was both king of the world , and priest of the ●ongregation , his commission for ruling is partly expressed , have thou dominion ; and partly 〈…〉 wife and children being from him ; authority for pr●●st-hood is seen in that history , ca● brought o● the f●uit of the ground , an offering unto the lord 〈…〉 firstlings of his flock ; where wh● c●n d●●bt , but the f●ther of all , was sacrificer for all , at the 〈◊〉 of the world ? as noah afterward was at the be●inn●ng of the new , his sons and their wives making up 〈◊〉 corgregation here , consisting of good and bad ; for here was a h●m : and adam's ●ons , wife and daughters , being all the congregation there , where bad and good appeared , for there was a cain . if with the historian , there were two tables of stone , upon which adam writ , ( shall i say his bible ? ) the doctrine of the creation , fall , redemption of the world , for the assembly , i know not ; but sure there was a peculiar place , the co●gregation came too , and to that place they brought their offerings , and that place , is also to be understood the presence of the lord , from which cain fled , gen. 4. 16. the time would fail me to speak of that mighty prince abraham , of isaac , and of jacob , who were holy priests , and n●ble rulers upon earth ; and if jo● was that johab , ki●g of fdom gen. 36 this holds good , that 〈◊〉 and 〈◊〉 are near other , for th●t king ▪ was 〈◊〉 in the 〈…〉 his daily sacrifice . of 〈◊〉 we might say many thi●gs , but let this 〈…〉 the other , yea and of the spoil gotten in war so closely , was his priest-hood eyed . heb. 7. 6. this solomon regarded so much , that his regal titles , are imperfect when sum'd up , if i the preacher was king of israel , in jerusalem , be ommitted , eccles. 1. 12. after the beginning of time , men multiplying in the world , the first born , the elder son after the father , was ex virtute , by priviledge of birthright , priest to the family , and master thereof . numb . 3. 12. hence esau was called profane for selling his birth-right , thereby regarding not his priest-hood , for which chiefly the birthright was then regarded , or at least one great cause , gen. 25. 34. at the erection ( so to speak ) of the egyptian principality and reducing it to a kingdom , it was made fundamental , at the instalment of menes the first king , to chuse alwayes , one from among the priests ; and if the kingdom by conquest happened to fall into the hands of an invader , before he could be established , he was necessitat to be consecrated priest , and then concluded lawful , when both king and priest : their nation being still upheld by kings , priests , warriours , and tradesmen . priests first in jury , and afterward kings , were both ●nointed with oyle , by moses , by samuel , by nathan , &c. that is , by prophets and seers , congruously enough , for as oyle they should hold and shine together , being appointed to be uppermost and nearest god , not mixing themselves with the watery , unsteady , and fleety multitude , of the earthling , worldly vulgar ; with which , if once incorporate , both are diminished of their glory . from this hath proceeded , that some in zeal , some in dispair , some kings , for this , and the other cause , hath laid down their crowns , and put on the mi●er , turning church-men , as still royal , how meanly soever they were attended : and some church-men have again been elected kings as still being in a holy employment , not destroying their sacred ordination ; abbacyes being governed by kings , and kingdoms , ruled by bishops , so nearly are these two related . nay the most noble order of knight-hood , wants not a bishop of its own body , he of winchester in england ●eing ex officio prelate of the ga●ter and honi soit qut mal. y● pense , it proceeds from evil , to grudge now , that the sover●ign and companions of the order should have what its first founder concluded it could not want , viz. a venerable church-man to blesse the royal corporation : for what hinders a bishop from being among knights and reckoned among th●m , since a courtier owneth elijah to be , and reckoneth him among lords . 1 king. 18. there are pre●umptions , that jethro was both priest and prince in m●dian , exod. 2. 16. serving ( as mel●hisedec at salem ) the true god , 〈◊〉 some mixture of idolatry , which by instruction being winnowed off by moses , they worshipped the true god t●g●ther , exod. 18. 11. one ground of the conj●cture , is from the double signification of the word cohen , sensing both a priest , as we read it , exod. 18. 1. and a prince , as it may be r●ad , giving occasion to observe that , what is before said , so near of kin are these two , that in the most holy tongue both a●e expressed by oneword and expr●ssion . when israel was in bondage , there was no sacrifice ▪ the egyptian● w●●shipping for gods , what was otherwise to be offered up : in which time ▪ the elder brother had the right , though not the liberty of sacrificing : but when to be brought forth , the two br●thers , aaron and moses ▪ both l●vits , and 〈…〉 , therefore near unto god in that 〈…〉 , is called to bring the people forth to hol●a f●ast in the wi●derness . in which wild place , an order is made , recalling the uncertain way of the fi●●tbo● , and establi●shing for ever the tribe of l●ve for the tabernac●e service , num 3. 12. as so many deacons , sub dea●ons 〈…〉 the uncle 〈◊〉 from the 〈◊〉 , and service , as so many q●●sters , or s●nging-men , to prophesie . on harps and organs , and all under aar●n and his sons , in all their generations●and successions for evermore . when god wanted a fixed house for the service of his name , the master thereof ; and after him the elder brother was minister to the people : and according as their abode was certain , or uncertain , so was the place of sacrifice , unsure , or determined . abraham sacrificed here and there ; so did jacob , so did no●h ; so dib job at his own house , so did moses in the wilderness command the young men , that is , the first-born , of principal families , exod. 24. 5 at which time , for a solemn farewell , there is a feast held bef●re the lord ▪ the first-born being before holy to the lord , was now promiscuously to wait upon him no more throughout their tribus : jehova here , giving in all following generations an everlasting discharge of ●hat employ , an● a ●hrea● , if they presumed upon former custom so to approach , for his glory , at the drawing of the clo●th ( s● to speak ) was like devouring fire , exod. 24. 17. the old being removing , a new model of church government is ordained by heaven , moses hath order for the tabernacles erection , where the lord will now reside , not in the clo●d , that marched formerly before the camp , exod. 25. 8. aaron and his sons must be consecrated priests for ever , to offer the dayly sacrifice with garments for glory and beauty . the dominion of the camp being left to moses . but how is this prefaced , even thus , take unto thee aaron thy brother , and his sons ●ith him , exod. 28. 1. they , that is , moses and aaron , being now to part , and to part for ever , in this affair of the sanctuary ; that the one should not grumble , the other not envy ; it is , take unto thee thy brother : well the house is builded , aaron to be short is consecrated , so moses finished the work , exod. 40. 33. a wor● which secluded himself from sacrifice , though a levit , and because a levite , is he to rejoyce that his brethren hath the honour , and not another tribe , that work , that gave his elder brother , an inheritance for ever of being the lords priest ; therefore , in brotherly affection let him be thankful , that his elder brother in this keeping his place , as to be priest , yet that he a younger brother consecrated this elder brother for that high office , the consecration making him in honour to be elder , then his eldest brother . gods wisdom by this enterchanging providence , commanding a brotherly converse betwixt a moses and an aaron , in future ages : for now it is moses and aaron , the one having the charge of the camp and tabernacle , as to give laws to both ; the other of the tab●rnacle , as to officiat therein , according to these laws ; and both brethren , for a perpetual cement of these great honours in the house of god. we read of some to have wished to have seen christ in the flesh , paul in the pulpit , &c. which many saw , and were not much affected ; but to have seen these two brothers , at the foot of the altar , moses in his robes , aaron in his garments : to have heard that parting word from the first , that commissioned the last . all the congregation drawing near , standing before the lord. i say , to have seen this gathering , and these words a●thorizing , viz. gounto the altar , &c. lev 9. 7. that is , go up to it , and offer , take infeftment of that for ever ; he ascending in his priestly garments , moses retiring or standing still ▪ having liberty now only to look up , aaron to go up : i say again , to have seen aaron make his first step , and first offering , and first blessing , the glo●y of the lord appearing ; and all the people shouting , was no doubt a ravishing sight to a native egyptian : this word , go unto the altar ; parted magistracy and ministry for eve● , which before had been together , yet parted them not in the sense before mentioned , but pleading for unity , they having shaken hands to , and again sever'd hands , for leading of the p●ople . in testimony whereof , god was consulted in moses's tent , or in some small structure without the camp. but now the glory filled the great tabernacle , which we may call moses's consulting roome , and aarons work-house , and after it the temple , the one in the midst of the camp , the other alm●st of the land , that the priest to all extrems might be equally near for counsel and advice . it may be fancied , that when gambrivius , ( a king over the germains , about the time of joseph ) invented the wearing of the crown , first , for forming and creating a more reverend and king-like awe , in the hearts , by the eyes of his subjects ; his first appearance in that diadem was no question beautiful , yet short no doubt of this high priests miter , and the glory of his appointed robes by god. this is not spoake to ecclipse the grandeur of that king , but to difference humane from divine institution : and here again is good agre●ment , the king his crown , the priest his miter , god by providence and continuance , allowing both for greater glory to , and for more servent love , between either . ii. their dearness : can it be imagined , that ever any man hated his own honour , that understood it ? was not the priest hood precious think you to king melchisedec ? and though esau lost it , yet he valu●d it so dearly , that if blood or tears could have availed , he h●d got it regained . now after aaron is established , our respects must be shown to love it , not in general to have it : for if saul attempt to sacrifice , it shal ruine him , and if david think to bring up the ark but by the levits , it shal displease the lord , 1 chron. 15. 13. and when their orderly walking pleased him ; so dear were the levit● to their king , that david , like a levit is cloathed with a linnen ephod , hereby honouring both himself and them , in being a king-like-levite in a beautiful order , which he himself had tansgressed before ; therefore the lord made a breach then , and now a covenant for peace . is not aaron the levite thy brother ? said the lord to moses , behold , he cometh forth to meet thee , and when he seeth thee , he will be glad in his heart : and when he met him , he kissed him , exod. 4. 14. and where shal love be , if not in these two titles ? thou shalt be to him in stead of god , and he shal be to thee in stead of a mouth , that is , moses shal be to aarona king , and aaron to moses , a lord chancellour , ex. 4. 16. will not god love his priest , and shall not the priest love his god ? call him lucifer among the sons of the church , that exalteth himself above , or equal to any , who are called gods ; let that minister be ashamed of his office , that sayes not in this sense , let god live , let magistracy flourish : and that god again blush at his deity , that will not have respect unto his priest , his preacher : for he having as moses an impediment in his speech , hath given him as aaron the minister for an orator , without whom his lisping , his stammering tongue , shall in the tricks , beh●viour ▪ jears and mocks of the vain , of the more serious be dismissed without state , reverence and respect . we have no certain record , how or by what accident moses had his slowness of speech , which he urged for an excuse against going to pharaoh , exod. 4. 10. but that reason seems too ridiculous , which some rabbins teach ; that pharaoh putting his crown on the child moses his head , who spurning it away , was by his magicians advised to dest●oy him ; that ominating , he should prove the overthrow of the kingdom , but his daughter pleading innocence and childishness , pharaoh for a tryal b●ought a golden apple , and one of hote iron ▪ this last , the child putting to his mouth , had the nerves of his tongue drawn in . it is certain that he had an impedim●nt 〈◊〉 his speaking , and so his want of elocution is supplied by the oratory and fluency of aaron : as moses was , so all m●gistrats are , & shal be found of no perswading u●terance , to dispat●h the almighties affairs , until as colleagues they have their preachers in their hand . so deare were these two levites , moses and aaron , that moses getting a commission from god , to go to pharaoh , and that commission sealed in cast down thy rod , &c. told the miracle , and shewed all to aaron , who as high chancellour to king moses , eloquently delivers moses mind to the people , and works the wonders before them , exod. 4. 30 , each of them endearing other so much , that both might be respected by the p●ople : who seeing this , might say , moses could not want his aaron , nor aaron his moses ▪ m●re then a man could want the power of conception ; and that conception want a tongue for expression , the one readily aiding the imperfections of the other , moses's st●pping in his spe●ch being not heeded , because he ha● the power to rule , aarons's asisting to moses , not exposing him to contempt , because he had the utterance , both for this end , of leading forth the people . in the matters concerning the lord , and also of the king ▪ they of levies tribe were overseers , 1. chron. 26. 30. the priest and the judge in matters of blood ▪ stroak and stroak , plea and plea ; god thought it uncomely not to have his priest advised with , as well as the judge , and a threatning upon him , who neglected the sentence given by the priest , deut. 17. 8. equally as that of the judge . it is not good , if david want his abiathar . and zadock will be● nay , must be at solomons ( coronation , shall i call it ? ) unction , it being proper , usual for the priest to crown the prince . when can aaron want his moses ? and again , when can moses want his aaron , that is , the king his priest ? i mean never , never ; nay , not at death : for before aaron died , moses by command stripped aaron of his garments , the badge of his priesthood , and put them upon eleazer his son. and aaron died , numb . 20. 28 : moses and eleazar ( his nephew , now his priest ) c●me down from the mount , a vacuum in the priesthood to god , to a godly moses , being even for an i●stant hated ; and mark it , such whose boldness , or who●● sloathfulness , can come down to , that is , converse with the people , to rule the tabernacle , without a son of aaron , though he should talk with god , shall have sauls event , when he attempted to ●ffer a burnt-offering , whereon his ruine fearfully was bottomed ; samuel assuring him , he had done fo●lishly : for , but for that , his kingdom had been established for ever , all other evils ●alling upon him , flowed from that attempt , made upon the priestly function , 1 sam. 13. though he pleaded a nec●ssity , and was truly in an amazing strait , 1 sam. 13. 13. samuel being absent , and the philistins present . victory over all adversaries , is not many miles distant , when the sword of the lord a●d of gideon enters the field together ; yea , this freed the kingdom from tyrrany , when jehojadah the high priest , was married to jehoshabeath , king i●h●tam● daughter , whose heir and prince ( all others being slain ) was s●cured in the ●ouse of the lord , by his uncle the p●●●st , 〈◊〉 a c●●veni●nt time , ●thalia was slain with the sword : and h●w p●e●ty a sight , and p●ognostick of future good to any but traitors wer● it , to see that ▪ which th●n was s●en viz. ) the king by a pillar of the house of the lord , and the priests round about him , and the people rejoycing to see both ? 2 king. 11. 19. this will enhance the dearne●s , when you may re●●em●er , that ordinarily the jews keeped within their t●i●es , yet here for l●ve , levi marries with the house of david and not far for d●arness again , the kings of judah had thei● palace so near the house of the lord and temple , t●at there was b●t a st●p or a court betwixt them . and how seemly was it to see th● pr●phet , the great preacher isai●h preach in the cou●t , being by the hebrews grandchild to king ●m . zia , and to have behold him advising figs , for the recovery of hezekia , who according to the same teachers , was both his king and son in law , marrying his daughter hephzib● ▪ s●mewhat is in this also , that churches , are oft in records , called basilica ( i. e. ) the palaces of kings : and the great hermes of egypt , was called trismegistus ( i. e. ) ter maximus , thrice great , being the greatest philosopher , priest , and king of his age , and spake about , if not before the time of moses & aaron , of the trinity , of a three-fold world , of a three-fold knowledge , &c. queen elizabeth in a progress rejoyced exceedingly to meet some country justices of the peace , each one having his minister with him , concluding tha● co●ntry well governed . but that of scotlands crown , by fames trumpet , should be known to all the world , that in our late rebellion , from dunnotter castle , then besiedged by the english , the wife of mr. granger , m●nister of kineffe , secured b●th it , the scepter and the sword under her husbands pulpit he and she , now and then taki●g them up to secure them from rust : and though gre●t summs by proclamation , were offered for discovery , yet was th● pulpit its sanctuary , untill again it was brought in calmer times before the throne in parliament . of which single , though national act , let the pulpit of kineffe boast : and again , let the crown glory , that no money , no sword , but a pulpit , secured that ancient , that noble , that unravished crown from the head , not only of an usurper , but of a stranger , who was not of the house , nor heir of scotland . o ● had our pulpit● of late so far reg●rded themselves , as to have remembred this their interest in the court , and to its master , the ene●y had not casten up so high a tr●nch about both , to the batt●ring , defacing , and d●stroying of both . but that god had left us a remenant , as a naile in a sure place they had become as dung , our king & our princes being ( and reckoned ) among the gentiles , lam. 29. our taberna●le took away , and our priests despised . v. 6. &c. how much better the old and sober egyptians , whose king in the morning being to repair to the temple and sacrifice , after his offering , the chief prelate told the people what vertues were in the king , what religion toward the gods ; and after other such like doctrine , all went about their affairs , and why not ? for , what could hinder prosperity and peace , when kings respected church-men , and church-men honoured kings , and both in sig●t of the people ? r. b. let me say in the words of our master , to that question about neighbour-hood ( lest we fall amongst theeves ) go and do ye likewise , luk. 10. 37. remembering that in rebellion zadok ●nd all the levites chused to follow david , both in person and in counsel , 2 sam. 15. 29. these two are not only lovely in their lives , but in their deaths , they are not divided : for , look after the monuments of judahs princes , see the sepulchres of the sons of david , and you shal see in the throng , a son of aaron , a divine , chapla●nizing in death to those dead hero's , as if these goodly worthies were not honoured sufficiently by their curious dormitories , untill the dust of a priest graced their sleep , they served the same god jehojadah did , they did much good to the kingdom , so did jehojadah , they died as he , so did he as they ; they lye in state , and lamented by the people ; so does he , and so was he , keeping the churches priviledge , always being near the king , 2 ch. 24. 16. whereas one king jehojakim , is cast forth with the burial of an ass● , for despising the lords priests , c●v●a●ing all against disrespecting of the lords house , wherein by both , honour unto both , is to be upheld , or both will be contemned . at augustine the monkes first coming to england , the king of kent , the first christian king ethelbert , gave him liberty to build o● repair houses for christian worship : in process of time , being made arch-bishop of canterbury , he and the king ; he the first christian king in the world , he the first arch-bishop of b●itain , lived so in honor and love , and plenty together , that a●ter leave given , the bishop builded a monastry , yet called augustins , for a burial-place to the kings , and for the arch-bishops of that see : let none look with an evil eye upon this n●ar●esse , but rather thank the arch-bishop : for untill his time , and untill this act , the kings themselves had no care for , nor had , that is read of , any certain burial place , but afterward had , walled about with the reverend clergy , forming a greater awe in those who presumed to tread the ground where their civil and spiritual guides lay by mutual consent : for , question not the kings pleasure therein , he giving it , as it is in the charter , d●o , in horem s. petri , aliquam partem terrae juris mei , &c. and being a royal sepulchre , a reverend channel ground , ex authoritate s●il . apostolica , & hinc ad aeternam-glor●am resuscit and a , &c. whence their bodies might arise together to that heavenly glory , whereunto they by their bishops were exhorted all this about , ann● dom. 6●0 . it is evident that god thus marshalling moses and aaron in their several offices , had c●re to protect the we●kest side , with strongest walls and barrs : for since aaron the elder brother ha● the sword took out of his h●●d●y d●cree , and in stead thereof , ge●ting a s●crifi●ing knife ; yet observe it , that knife is put into his hand by a 〈◊〉 statu●e , and to the house of aaron , wh●reas moses sword , able in a great measure , to defend it self , is left in the hand of providence to fi●d out th●s and that josu●h , th●s and that sampson , this and that sam●●l . the unce●tainty whereof , creats genuinly a reveren●e to the certain and constant priest-hood , the only great secure way , the sword hath , a moses hath , even now to keep it self long , in his , and his sons hands for its honourable bearing , as is visible all the dayes of moses , joshuah and the judges , where so●etimes in an extraordinary way , the judge is priest , but at the unction of the son of jesse , the regal p●wer being se●led in a familie , and thrones of judgeme●t ▪ set for the house of david , psal. 122. then it was , blesse the lord , o house of isra●l ; bless the lord , o house of aaron , bless the lord , o hous● of levi , psal. 139. these runing by law assunder , yet together , i mean , david and aaron near each other , smiling and j●yning hands together , both having the same enemies , the same smiles of providence , they march parallel together , untill again as at the first , they meet in the first begotten of the father , in that son of david , jesus christ , both king and priest unto his church , and by birth-right , and blood , that is in respect of his humane nature ; allieed both to moses and aaron , being a branch of the two great houses of judah and levi. the holy virgin mary , being of the house of david , and her godly cousin elizabeth , of the levitical tribe : thence it cometh , that who o despiseth one of those loyal levits , and rebelleth against any of these true princes , are proclaimed enemies to both families , united in the corner-stone of our blessed saviour . upon which account it is , that rebells and traitours , usually pretend both good to church and state to be thought good christians , and also true subjects . be wise therefore , o kings , be instructed ye judges of the earth , take not too much upon you , ye sons of levi ; 〈◊〉 judges , when ascending the judgement seat , become like melchisedet , having neither father nor mother by impartiality , and let all aarons sons , as true l●vits in the case of the golden calf , become like the sons of that priest , their grand-father ; saying to their fathers and their mothers , i have not seen them , when countenancing rebellion , deut. 33. 9. for unless your children use this speech in the land & cities of our judah , the lord bless thee , o habitation of justice , that is to you , r. h. your council-house , your session-house , and m●untain of holiness , that is , r. r. our churches and our pulpits , jer. 31. 23. peace shall be far from us . what is that mans name , and what is his sons name ? that ever defaced the church , by pulling out but one stone , and not either his eyes blinded with the dust thereof , or his arm crushed with the violence of the pluck ? where liveth he , and where was he born , that ever weighed the sacred anchor of the churches authority , and at the same time kept the ship of the state , from being driven by contrary tydes , to his own amazement , disgrace or ruine ? and again , where is that priest , or how came he to prosper , that joyned in a conspiracy against his david , and the high-way to the temple did not mourn ? for if once the guard of love and reverence be forced from the hearts of subjects , from their princes , it 's not our gowns that can give protection to our bibles : and on the other hand , zerubbabel must have , and must not want his josua , hag. 1. this , r. h. is not to compel you to respect your own ministry , your care for us , and love to us , being highly eminent and honorable : to requite which , and fit all to conformable behaviour to their magistrats , let us , r. r. eye our father aaron , and in him we have every thing adviseable . 1. his name , giving instruction . 2. his office , direction . 3. his failings , caution . 1. his name offers instruction . it was said , nabal is his name , and folly is with him , we say , aaron is his name , and learning is with him : some will have it from the hebrew , aron , to signifie an ark or chest ; such an one as he himself kept the law in , and brought it out thence to teach it to the people : some from haron , signifieing to cast or throw darts , which morally a preacher doth , pierceing both the ears and hearts of the teached , his hearers : some from har , a mountain ; it is all one . this we learn , that a son of aaron , should immoveably be fixed upon his calling , having his breast full of the law , that his peoples hearts may be touched , as pricked , while he openeth to them the scriptures . indeed the faithful shepherd will in choice consider , what pastorage to lead his flock unto , to call up dead heresies , to improve not understood texts , or dark , and seemingly to us disjoynted scriptures ; as the manner was in our late conspiracy , between ruben and corah in their rebellion ; as the shutting up of the gates of abel against king davids army , as davids flying up and down with an ●rmy from saul , ( for he never fought him ) and heating them into treason apparent , from uzzahs being opposed , and thrust from the temple , when a leper : is to make a half penny-box of their bosom , to contain some shreds , rather then a chest to contain the whole volumn of the law. magistrats are said to be heads , and the ministry , to be the eyes of the church : and if her eyes choose not the good old , and true way of obedience to higher powers , ( without which no subjection unto god ) of love to all men , they may in time be blood-shot . and i could wish , that our clergy study and pray to be free of that infirmity , it being the nefarium crimen of some that hath been before us . a son of aaron , is a steward in the palace of one greater then moses , yet under moses ; and if food wholesome be not presented , he himself shall be infected with the common , if not a worse disease ; i will not grate your ears with controversies , but it 's clearer then interest can cloud , that if abiathar prove disloyal , he may be removed from the altar . the key of the wine-cellers taken from him that offers bitter water , is such a piece of justice , as must be in a kingdom , or it shall rave upon the bed of feavers and distempers : and some more mad therein fly in the face of that unworthy trustee , making him sick by smiting . what event our late rebellious teaching had in murther , adultery , swearing , drunkenness , and all kind of ryot , what contempt of the gospel , and of gospel ministry , that is , themselves , i leave to the iniquity of their own fasts and causes of humiliation they observed ; god seeming to●take revenge upon the pulpit , for its treacherous extravagancies , in those dayes of lying , conspiracy and rebellion . but then , brethren , shall we not be ashamed , when we have respect to all gods commandments , then and not before , shall we be truely of the house of aaron , and blessed of the people . there are some things in the law , such as g●nealogies , these are wearisome , unlesse modestly and without heat they be handled , they are profitlesse too ; there are some things like law , or given out as law , such as old wives fables , minched scriptures , such things as are in no sacred ark , but purely treasured up by old fabulous tradition , such passages as are neither commended nor disaproved in holy writ . rome maketh use of ridiculous fancies of visions and miracles , and some noticed so much that doubtful act of shutting the gates of abel upon joab , that they preached therefrom , absolute field disloyalty ; neither of these we understand , yet this we do , that aaron first sacrificed for himself , then for the people , lifting up his hand the first day of his priest-hood , blessing the congregation , levit. 9. 22. this that we understand let us do , letting the f●ble lye at the old wifs door where we found it , and genealogie in gods record ( when it comes to contention ) untill he clear it and not presse the shutting up of abels gates , until it be approved . 2. his office giveth direction : he was appointed , 1. to instruct the people from god , 2. to mediat for the people with god. after abirams conspiracy , moses commanded aaron to offer incense , which he did , standing betwixt the living and the dead , and the plague was stayed , numb . 16. 48. the like yet should his sons do , saying spare thy people , o lord , and give not they heritage to spoil , and again , that the covenant with levi of life and peace , might turn away many from their iniquity , that the people seeking the law from their mouth , might not stumble out of the way mal. 2. 6. in this office observe , 1. his station , 2. his modesty . 3. his apparrel . 1. his station ; he was by birth moses elder and so his superior , but when priest , moses goeth foremost , aaron peaceably coming behind , being content to sit in any chair , high or low , armed or not , which god setteth in for him ; he is the chief church-man and is under authority , receiveth orders from moses , delivering these again to priests inferior unto himself . the method god hath established in his camp , or his church , had never been terrible as an army w●th banners : and who so is for a parity , with corah and abiram , may molest the church , but themselves shal perish inevitably , jud. ii. and those countrys , wherein imparity is setled , if it can be setled : mark it . 1. if moses be not too much slighted . 2. observe if the church be very beautiful . 3. if the manners of the people be of a taking behaviour , for walking not successively , not in that orderly march under moses and aaron , as instituted here in gods first national church . the cedars of the church were never alike high , no●h's ark was of three stories , gen. 6. 16. and david had a chief musician : yea , let 's see that church in scripture , that had a parity , and it shal be from that we have already called , a disjoynted , or not understood text , imparity being in the whole body of holy history so visible as it self : and notwithstanding of that frivolous distinction diotrophes maketh , ( angry because he hath not the preheminence ) that there was no apostle over an apostle , nor disciple over a d●sciple , nor pastor over a pastor ; yet was christ over the first , the second was over the third , the third was over a fourth , that is the deacon . at our lords ascension , the apostles indeed had none over them , nor needed they , 1. having the infallible spirit to direct them for keeping rank . 2. being to scatter , for converting of the nations and therefore superior to disciples , and pastors , and therefore the reply is eas●e since there was imparity established , there needed no imparity to be established . the romanes had of old their pontifices majores , their minor●s pontifices : so had the jews , so had the old christians , and these new rabbys of parity , were known over their ●r●thren to be greatest ad●rers of imparity , being bound by prudence , and necessity to uphold imparity , to defend their parity if not , 〈…〉 co●founded them at first , as it did at last : why 〈…〉 first it confounded the authority of their royal moses , and because of that , themselves could be in no good order . to prevent insurrection again , let moses be under god , aaron under moses , levits under aaron , or the glory of our israel shal depart by the breaking in of the plague of war to the destruction of moses , and all the princes and all our tribes , for what is aaron , that you murmur against him ? 2. his modesty is graceful , not only content with his portion , but took reproofs without passion , eloquent though he was with admirable meekness , yea to the silencing of moses to see a gospel incendiary , to hear a factious preacher raile at moses , or at his father in law to his face , is a thing we have heard of , and read of , but an action to be accursed , favouring not of that compassion , and tenderness , with which to the basest of the people , publick reproofs are to be applied . withal luther advised a minister , to forbear taking three dogs after him to the pulpit , ( viz. ) pride , avarice , and contention : let me add , they are so farr unfit to run after him to church , that they are not worthy to be suffered lick a dish in his kitchine , and therfore improper for a synod , or a chapter-house , john the baptist's reproof to herod , and nathans censuring of david , was by some james`s and john`s in their thundering spirits , made use of for upbrading kings in publick before their people , for geting the privacy of both , the parable of the one , and incest of the other . neither did micajah go forbid the army to follow achab , nor john the souldiers to be commanded by herod nor went nathan to the people proclaiming david's adultery . but pardon this digression , we are to speak of the sons of aaron , not of abiram . 3. his apparel . i shal neither here act the jew , nor the superstitious ; for as no holinesse is to be placed in apparel , so let no prophaneness be pitched upon , because of a coat . yet there is ( let ignora●ce , wilf●lness , or malice say , wh●● they will ) something in a church-mans habit . and though in the mystery , aarons habits typified christ , yet in the history it represented the high-priest to be himself . let us first see his breast-plate , and it is of judgement , ex. 28. 15. putting it one when he was to consult with god , and in it there is an order , a comely quadrat , teaching us judiciously to keep our ranks ; the four-squardness thereof , signifying the satability and firmnesse we should observe in that higher , in that lower place we are set ; pride was anciently painted with three crowns , each having a proper device , the first transcendo , i am most excellent , the next was , non obedio , i will not be commanded , the third was , perturbo , i will fight ; but the sons of aaron must remember and vail their bonn●ts , and do as the lord commanded them by the hands of moses , levit. 8. 36. this may minde us of their coats and girdles , wherewith they were girded , which the lord commanded in his service , they were to use ; the one being decency in cloathing and unity , the other signified readiness and promptnesse for action . do not imagine it to be curious , if i speak of clerical habits , fit to indicat a church-man , and such may teach us , who of late years , denyed in this sense their coat , and could hardly be known for church-men ; even when preaching , from somewhat that was seen , heard and done ; providence or guilt not giving them the heart to wear that upon their back , which they denyed in their sermons , being sons of thunder and lightning : and as touching , the girdle , it was discernable , the signification of it being fixedness & promptness , worn by aarons sons for truth , and about their loins for chastity ; and as knowledge grew by the appearance of christ , it came up higher towards the heart for love , where christ wore it himself , rev. 1. 13. i say , for the girdle , the laying of it aside , was but a presage of thrusting from them the vertue it signified , running hither and thither , never fixing upon one thing , save in pulling down , at which work in place of a girdle , they moraly wore somewhat that caused sweat , ( i might say , a bloody sweat ) contrary to law , ezek. 44. 18. i know , inconstancy is laid to the charge of some of the sons of corah , because forsooth , being once insnared by ruben's policy , to get the government , & corah's ambition , to get the priesthood , freed themselves afterward by leaving the rebels , before they were swallowed , or as soon as they could , and therefore admitted again to serve in the temple , with their coats and girdles . ●o accuse such is equally rational , as to accuse a jew paul , for becoming a jew christian , or a beguiled man , accepting a counter for a piece of true gold , afterward returneth it for a trick , or those simple hearted israelites , who for a time followed absolom , and then returned to their allegiance again . in the mean time these complainers were the greatest changers , and changelings in their age , with this difference perhaps , that whereas , some changed from good to ill , and some from indifferency to naught : their change was from good to ill , from ill to worse , and so held on untill providence made their folly to appear to such who went on in changing with them , who confessing their errour , are now by them constant in mischief , called turn-coats . let this mind you of that proverb of the three great travels , and labours in the world . 1. of a woman in a child-birth , which is great . 2. of a magistrate for a cities good , which is greater . 3. of a minister for his peoples benefit , this is the greatest , in regard it may be most opposed by hands and tongues . yet go on , r. r. and prosper , many have laboured in sword and fire , and would have others do so , to eschew the method such walked in , and let me advise you , and ( let none despise my youth ) to labour in your own vineyeard . it is a fine saying , that there are three things necessary for a preacher . 1. knowledge , noted in the book sent to ezekiel , 2 eloquence , in the hote coal that purged isaiah . 3. ●olinesse of life , in the hand sent to jeremiah wanting utterance , he is an insant ; wanting holiness , he is a devil , whose great employment is going too and froe , making division , and stirring up medlers in other mens businesse , for strife and debate , aarons linnen garment , by some moralizing , signified purity , his breeches chastity , his shoulder-pieces , strength , the purple in his robe , patience , the scarlet , love , the blew , heavens contemplation , the gold , wisdome with discretion ; the miter , devotion , and his plate , reverence to god , his bels and pomgranats , prayer and good works . now how unsuteable is such cloathing for the assisting at the making of a golden calf . how unfit is it in our saviors eye to wash his apostles feet ( a servile office ) with his upper garment ( a teachers habit ? ) let 's therefore follow our father in these his perfections , leaving our vertue an inheritance to our posterity , i mean his sons . i might urge our savior , whose name is writ upon his thigh , declaring he hath a posterity by lawful ordination , begotten by himself , whose white garments are not to be stained with the ink , or soil of beastly conversation , and whose girdle is not to be loosed by following each fond principle or nice opinion , neglecting the greater matters of the law. let therefore your priestly office , your ministerial habits , mind you of your pedigree , and endeavor sempiternally to minde your sacerdotal descent . to come to fancy : in vtopia , the prince is said to be known in the streets by nothing , but by a little sheave of corn carried before him , and the bishop by a ●aper of wax , imagination concluding , they ought to be known who are guids , and lights to the people , and this use , except in our unhappy age , we may deduce therefrom , that as in the kingdom of israel , their six cities of refuge sheltred 〈◊〉 , from all ports , yet three of them were poss●ssed by the levits , in the little spot beyond jordan , that the flo●k in the smalest items of danger , as knowing us their shepherds afar off , might run for gospel consolation , assuring themselves thereof , by venerable cloathing . there were three famous men and worthy in the congregation , moses , and he had his rod , aaron : he 〈…〉 samuel , and he had his coat : clearing an expe●ienc● of s●me extern●l thing , signifying their office and calling . but who hath believed our report ? for though in this , we lift up our voice as a trumpet , we cannot perswade some otherwise resolved to confess this irregular , that church-men should not be church-like , and yet would be angry , if the bible were bound up in the fashion of a song-book , or a pulpi made in the form of a fiddle ; yet themselves walk as ministrels ; that is , not as ministers in the streets : but to such who refuseth aaron's , i shall only wish them adam's girdle that a covering of fig-leaves may conceal their shame , that it be not exposed to the mockery of their order , and office in others , more true and faithful to their colours . for , 3. his failing● , giveth caution . it is not intended to pry into each punctilio of escape , whereof aaron might be guilty , leaving that office to him , who accuseth the brethren : and even moses , spake unadvisedly with his lips . but i shall mention such as were more sc●ndalous , and to which he was provoked , 1. by men. 2. b● woman . 1. by men. this was occasioned by moses absence , and it was a beastly mistake for fearing the people ; he melted mettal , and framed a golden calf , and gave to moses a leaden excuse for so doing ; and i said ( said he ) whosoever hath any gold , let them break it off , and they gave it me ; then i cast it into the fire , and there came out this calf , as if there had never come a graven tool upon it , but as the figured calf had come by chance , by miracle , by he knew not which way , exod. 32. 24. indeed the churches weakness in moses's absence , when the magistrat is not present , hath many dangerous symptoms of a decay , which should make both moses diligent in attending his charge ; and aaron couragious , if rebellion it self should divert a magistrat , it is never well with the temple of jerusalem , when the gates of the city are not watched ; not with the city , when the way to the temple mourns . make this question in the worst of times , whom should the priest of the moct high god please ? god or the people ? if god , why then will he make a golden calf to please them ? if the people , why do ye call your selves gods priests ? in short , not desiring to rub old fores , and being obliged to protest against future evils , we have too many calfs of the people made among us , and therefore there is cause to fear the wolves of the evening for a punishment be commissioned to devour , and destroy . i have long ago half adored that expression of a most reverend father , when cast into the furnace of popular fury , in our late war , in his own funeral sermon , before malice and the axe had cut off his head , nor shall i worship the imaginations , which the people are setting up , nor will i forsake the temple and the truth of god , to follow the bleating of jeroboam's calfs , in dan and in bethel , &c. but not to pursue the metaphore , in hardest seasons ; let 's have recourse to bethphage , a village of priests , signifying d●m●s buc●ae , trumpeting , to encourage each other , and not be made to blush by frivolous , because sensless excuses , from fear of the people . for if we please men , we shal not be the servants of christ. but the second is more base , because it was , 2. by a woman . miriam moses's sister fell quite out with moses's wife , her sister in law , and what in gods name had aaron to do , to interest himself in either , except to agree them ? yet this is somewhat honourable , that he is not the beginner of the plea ; for it is said miriam and aaron spake against moses , because of the ethiopian woman he had married ; not the ethiopia in africa , but a country , bo●dering upon the red-sea , and the same which is called midian . it was an old fault , if any , and newly riped up by miriam , who being first named , seemeth to have led on aaron in a surprize , she being punished with leprosie for persevering : aaron quickly repents , or was at first cool in the business , and therefore is not plagued . every man is free to conjecture the cause of the complaint , since it is mantled about and covered , i am prone to think the two ladys strove for place , miriam it may be was elder , and so would not lose her place though aaron the elder brother quite his ; it may be she was fairer and more stately , but indeed me thinks says miriam , i being a prophetesse , born within the covenant of god , should have place of a midianitish proselyte , &c. yet whatever was the cause , it was unluky , and neither by moses nor aaron , was the campled for seven dayes , numb . 12. 15. how closely could this to the shame of many of the holy order , and sacred function be pressed , whose base inadvertence , whose fetid , and sordid behavior , hath occasioned great bre●ches in our state and church . authority by taking part with the home spoon quarrels of the other sex ? our miriams could do little excep● scold , if aarons did not joine with them : but this is confusion , that aarons sons should stir up active , furious , superstitious , ignorant woman to speak against moses and aaron , and that in things relating to the tabernacle , pudet hac opprobria nobis , &c. and what a miserable hinderance this hath been to the camp ? how scandalous to our religion ? i leave to my elders : adding , that our preaching work is a work , angels would account themselves honoured , if authoriz'd unto ; but man , who is more masculine ; shall i say , more divine , then a daughter of evah must stay his hand ; until he fight both against moses and aaron , because of a pick some dame hath took against his brother , or his brothers wife . her name had bitterness in it , for its mara , and bitter was it here to aaron . it is 〈◊〉 star of wormwood in the firmament of our nation , and so much the more bitter , that this example with her punishment doth not edifie . do not smile , if i once more suggest , what may be the ground of this quarrel ( to pass other causes given as more unlike ) it might be mose's wife went too too fine , and miriam thinks moses should not lead the people with his hands only , but also with his wifs petti-coat : and may be aaron concluds and assents , she goeth too too light , for one of her age and place , though i will not make oath upon this , sure we are to invert the story ; that the fine cloaths of the high-priests relations , i mean , the decency of any habit in a church mans familie is an eye-sore to many prophetesses in the land : and some sons of aaron closeth to the motion , and with mock-finger , proves that a piece of good cloath ( to pass silk ) is too rich for a church-man , when the same reformer will allow it upon a trades-mans back . but mark the progress of sacriledge ; this age hath found a way to cure the prodigality of the church , there being little left her but cloaths , and that to some few ; and these also many would have made courser . but , let me assure all aarons sons , that when the coat is taken away , miriam and that other saint will weare it on their own backs . and for all the youngsters ranting , ( for confirmation of his own doctrine , of church-mens grave cloathing ) he shall walk the streets in querpo : and court them in a bare-coat , or pray without a cushon . experience of these things ought to make the priest-hood wise , and not to disturb the flock , or complain against moses for such trifling . and the shame and horror committed in such rapes upon aaron , ought to make us more warry in our carriage ; friendly in our places , charitable to our brethren , more gratefully towards god ; and more loyally towards moses ; by whose authority , the priest is yet kept from being absolutely naked , and more obediently towards aaron . the corah like resisting of whom , i mean church officers , hinders the camp more then all the amalekits or papists that are about us ; according to that proverb of our neighbour nation : tell not me of the turk & pope , it is my neig●bour does me wrong , &c. the word of god is divided in two parts . one is , the old testament ; that is , the word of promise . the other is ▪ the new testament ; that is , the word of accomplishment . these two agrees in one , and holds forth christ ; moses and aaron here leads the people . these two agrees in one , in god , who led them by their hands . and in the unity of these , the felicity of the flock consists ▪ being without these , like sheep without one shepherd , scattered by some faction , or a dicontented corah , or a miriam . therefore , charles the ninth of france , in a medal , gave his crown above two pillars ; intertwisted with this devise , pietate & justitiâ . it 's church and state upholds my crown . the motto then , or devise of the tables , this day hung forth , ought to be that of the beloved disciple ; let us love one another . i say one another , for you the people , being the flock , are not to tempt your shepherds , your wardens , your guids , your mose's , your aaron's , your magistrats and ministers , with grumbling , though ye be led through the wilderness , and want bread and water . complain not of these two : it is god , not they that hath the gift of riches , or of poverty , that can straiten and enlarge your quarters ; give you food convenient , or no food ; or , make your cup run over . yet for obtaining the best of his blessings , the favourable cloud of his presence , to keep you from the destroyer , to preserve you from the scorpion tongues of them that hate you : and after all windings , turnings , changes and vicissitudes of providence , to arrive at the promised land of future rest and glory . the securest and most effectual mean , is ●earing moses , and reverencing aaron . in that dreadful conflagration at rome , in the dayes of commodus ; when templum pacis , and the vestal fane were burned : the sacred virgins ( brought till then unseen ) through the open holy street , pal●as or their palladium into the emperors pallace : that as its divinity ( as they esteemed ) had secured majesty ; so in distress , authority might succour its divinity , that both might live or die together . say the same of the crown and pulpit , that the people may reverence both ; and each of these honor and prove thankful to the other . this double solemnity , or meeting of these two happy constellations in the orbe of your city , ( a delightful sight ) by your praying to god for them ; and communing with god about them , may be the foundation of one years journey ; which may refresh you as the flock was , when led to elim , a city of palm-trees , to the number of threescore and ten . the number of our lords disciples , and where there was twelve wells of water , the number of the tribes and of the apostles , that both by law and gospel , by justice and peace : you be much helpt forward in your way . and for your selves , look down , r. h. and say to the sons of aaron , in whose meeting you are concerned , as boaz to his r●ap●rs . the lord be with you . and you , r. r. look up , and say to moses and his elders : in whose electing , you have interest , with them again . the lord bless thee : and i say to both , to all , what the levits said in the temple , the lord that made the heavens and the earth , bless you all out of zion , psal , 134 3. finis . at this time there was elected for magistrats . sir andrew ramsay . lord provost . walter borthwick . bailies . thomas murray . robert baird . james justice . francis kinlo●h . l. dean of guild . james currie . l. treasurer . the life and death of sir matthew hale, kt sometime lord chief justice of his majesties court of kings bench. written by gilbert burnett, d.d. burnet, gilbert, 1643-1715. 1681 approx. 178 kb of xml-encoded text transcribed from 122 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a30381 wing b5827 estc r218702 99830273 99830273 34723 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a30381) transcribed from: (early english books online ; image set 34723) images scanned from microfilm: (early english books, 1641-1700 ; 2088:10) the life and death of sir matthew hale, kt sometime lord chief justice of his majesties court of kings bench. written by gilbert burnett, d.d. burnet, gilbert, 1643-1715. [20], 218 p. printed for william shrowsbery, at the bible in duke-lane, london : 1681. with engraved portrait of math. hale on a1v. with errata on b2v. caption title on p. 1: the life & death of sir matthew hale, kt. late lord chief justice of england. includes catalogue of hale's books "to be sold by william shrowsbury", pp. 188-190, catalogue of his manuscripts, pp. 190-193, and catalogue of "books given by him to lincolns-inn," pp. 197-210. copy cataloged imperfect; lacking pp. 135-140. reproduction of the original in the harvard university law school library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hale, matthew, -sir, 1609-1676 -early works to 1800. judges -great britain -biography -early works to 1800. 2003-10 tcp assigned for keying and markup 2003-10 spi global keyed and coded from proquest page images 2003-11 emma (leeson) huber sampled and proofread 2003-11 emma (leeson) huber text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion the life and death of sir kt. sometime lord chief iustice of his majesties court of kings bench . written by gilbert burnett , d.d. london , printed for william shrowsbery , at the bible in duke-lane , 1681. the preface . no part of history is more instructive and delighting , than the lives of great and worthy men : the shortness of them invites many readers , and there are such little and yet remarkable passages in them , too inconsiderable to be put in a general history of the age in which they lived ; that all people are very desirous to know them . this makes plutarch's lives be more generally read than any of all the books which the ancient greeks or romans writ . but the lives of hero's and princes , are commonly filled with the account of the great things done by them , which do rather belong to a general , than a particular history ; and do rather amuse the reader 's fancy with a splendid shew of greatness , than offer him what is really so useful to himself ; and indeed the lives of princes are either writ with so much flattery , by those who intended to merit by it at their own hands , or others concerned in them : or with so much spite , by those who being ill used by them , have revenged themselves on their memory , that there is not much to be built on them : and though the ill nature of many makes what is satyrically writ to be generally more read and believed , than when the flattery is visible and course , yet certainly resentment may make the writer corrupt the truth of history , as much as interest : and since all men have their blind sides , and commit errors , he that will industriously lay these together , leaving out , or but slightly touching what should be set against them , to ballance them , may make a very good man appear in very bad colours : so upon the whole matter , there is not that reason to expect either much truth , or great instruction , from what is written concerning hero's or princes ; for few have been able to imitate the patterns suetonius set the world in writing the lives of the roman emperours , with the same freedom that they had led them : but the lives of private men , though they seldom entertain the reader with such a variety of passages as the other do ; yet certainly they offer him things that are more imitable , and do present wisdom and virtue to him , not only in a fair idea , which is often look't on as a piece of the invention or fancy of the writer , but in such plain and familiar instances , as do both direct him better , and perswade him more ; and there are not such temptations to biass those who writ them , so that we may generally depend more on the truth of such relations as are given in them . in the age in which we live , religion and virtue have been proposed and defended with such advantages , with that great ▪ force of reason , and those perswasions , that they can hardly be matched in former times ; yet after all this , there are but few much wrought on by them , which perhaps flows from this , among other reasons , that there are not so many excellent patterns set out , as might both in a shorter , and more effectual manner recommend that to the world , which discourses do but coldly ; the wit and stile of the writer being more considered than the argument which they handle , and therefore the proposing virtue and religion in such a model , may perhaps operate more than the perspective of it can do ; and for the history of learning , nothing does so preserve and improve it , as the writing the lives of those who have been eminent in it . there is no book the ancients have left us , which might have informed us more than diogenes laertius his lives of the philosophers ; if he had had the art of writing equal to that great subject which he undertook , for if he had given the world such an account of them , as gassendus has done of peiresk , how great a stock of knowledge might we have had , which by his unskilfulness is in a great measure lost ; since we must now depend only on him , because we have no other , or better author , that has written on that argument . for many ages there were no lives writ but by monks , through whose writings there runs such an incurable humour , of telling incredible and inimitable passages , that little in them can be believed or proposed as a pattern : sulpitius severus and jerom shewed too much credulity in the lives they writ , and raised martin and hilarion , beyond what can be reasonably believed : after them , socrates , theodoret , sozomen , and palladius , took a pleasure to tell uncouth stories of the monks of thebais ; and nitria : and those who came after them , scorned to fall short of them , but raised their saints above those of former ages , so that one would have thought that undecent way of writing could rise no higher ; and this humour infected even those who had otherwise a good sense of things , and a just apprehension of mankind , as may appear in matthew paris , who though he was a writer of great iudgement and fidelity , yet he has corrupted his history with much of that alloy : but when emulation and envy rose among the several orders or houses , then they improved in that art of making romances , instead of writing lives , to that pitch , that the world became generally much scandalized with them : the franciscans and dominicans tried who could say the most extravagant things of the founders , or other saints of their orders , and the benedictines ; who thought themselves possest of the belief of the world , as well as of its wealth , endeavoured all that was possible still to keep up the dignity of their order , by outlying the others all they could ; and whereas here or there , a miracle , a vision , or trance , might have occurred in the liv●s of former saints ; now every page was full of those wonderfull things . nor has the humour of writing in such a manner , been quite laid down in this age , though more awakned and better enlightned , as appears in the life of philip nerius , and a great many more : and the jesuits at antwerp , are now taking care to load the world with a vast and voluminous collection of all those lives that has already swelled to eleven volumes in folio , in a small print , and yet being digested according to the kalender , they have yet but ended the month of april : the life of monsieur renty is writ in another manner , where there are so many excellent passages , that he is justly to be reckoned amongst the greatest patterns that france has afforded in this age . but while some have nourished infidelity , and a scorn of all sacred things , by writing of those good men in such a strain , as makes not only what is so related to be disbelieved , but creates a distrust of the authentical writings of our most holy faith ; others have fallen into another extream in writing lives too ●ejunely , swelling them up with trifling accounts of the childhood and education , and the domestick or private affairs of those persons of whom they write , in which the world is little concerned : by these they become so flat , that few care to read them , for certainly those transactions are onely fit to be delivered to posterity , that may carry with them some useful peece of knowledge to after-times . i have now an argument before me , which will afford indeed only a short history , but will contain in it as great a character , as perhaps can be given of any in this age ; since there are few instances of more knowledge and greater virtues meeting in one person . i am upon one account ( beside many more ) unfit to undertake it , because i was not at all known to him , so i can say nothing from my own observation , but upon second thoughts i do not know whether this may not qualify me to write more impartially , though perhaps more defectively , for the knowledge of extraordinary persons does most commenly biass those , who were much wrought on by the tenderness of their friendship , for them , to raise their stile a little too high when they write concerning them : i confess i knew him as much as the looking often upon him could amount to . the last year of his being in london , he came always on sundays , ( when he could go abroad ) to the chappel of the rolls , where i then preached : in my life i never saw so much gravity tempered with that sweetness , and set off with so much vivacity as appeared in his looks , and behaviour , which disposed me to a veneration for him , which i never had for any , with whom i was not acquainted : i was seeking an opportunity of being admitted to his conversation ; but i understood that between a great want of health , and a multiplicity of business , which his imployment brought upon him , he was master of so little of his time , that i stood in doubt whether i might presume to rob him of any of it , and so he left the town , before i could resolve on desiring to be known to him . my ignorance of the law of england , made me also unfit to write of a man , a great part of whose character as to his learning is to be taken from his skill in the common law , and his performance in that ▪ but i shall leave that to those of the same robe : since if i engaged much in it , i must needs commit many errors , writing of a subject that is foreign to me . the occasion of my undertaking this , vvas given me first by the earnest desires of some that have great power over me , vvho having been much obliged by him , and holding his memory in high estimation , thought i might do it some right by writing his life ; i was then engaged in the history of the reformation , so i promised that , as soon as that was over , i should make the best use i could of such informations and memorials as should be brought me . this i have now performed in the best manner i could , and have brought into method all the parcels of his life , or the branches of his character , which i could either gather from the informations that were brought me , or from those that were familiarly acquainted with him , or from his writings : i have not applied any of the false colours with which art , or some forced eloquence might furnish me in writing concerning him ; but have endeavoured to set him out in the same simplicity in which he lived : i have said little of his domestick concerns , since though in these he was a great example , yet it signifies nothing to the world , to know any particular exercises , that might be given to his patience ; and therefore i shall draw a vail over all these , and shall avoid saying any thing of him , but what may afford the reader some profitable instruction : i am under no temptations of saying any thing , but what i am perswaded is exactly true , for where there is so much excellent truth to be told , it were an inexcusable fault to corrupt that , or prejudice the reader against it by the mixture of falsehoods with it . in short as he was a great example while he lived , so i wish the setting him thus out to posterity , in his own true and native colours , may have its due influence , on all persons ; but more particularly on those of that profession , whom it more immediately concerns , whether on the bench or at the barr. the reader is desired to correct the book by the following errata , before he reads it over , especially the first fault , pag. 15. l. 9. that being the most considerable . pag. 15. l. 9. read indiscreet men called obstinacy . pag. 39. l. 8. for r. but. pag. 44. l. ult . to highly so r. so highly to . pag. 50. l. 3. after county r. of . pag. 101. l. 8. assignat as salurem , r. assignatus salutem . pag. 147. l. 10. was r. were . pag. 168. l. 20. eternal r. external . pag. 172. l. 17. dearlier , r. earlier . pag. 200. l. 15. foresta , r. forestae . the life & death of sir matthew hale , kt. late lord chief justice of england . matthew hale , was born at alderly in glocestershire , the first of november , 1609. his grandfather was robert hale , an eminent clothier in wotton-under-edge , in that county , where he and his ancestors had lived for many descents ; and they had given several parcels of land for the use of the poor , which are enjoyed by them to this day . this robert acquired an estate of ten thousand pound , which he divided almost equally amongst his five sons ; besides the portions he gave his daughters , from whom a numerous posterity has sprung . his second son was robert hale , a barrister of lincolns-inn ; he married ioan , the daughter of matthew poyntz , of alderly esquire , who was descended from that noble family of the poyntz's of action : of this marrage there was no other issue but this one son. his grandfather by his mother was his godfather , and gave him his own name at his baptism . his father was a man of that strictness of conscience , that he gave over the practise of the law , because he could not understand the reason of giving colour in pleadings , which as he thought was to tell a lye , and that , with some other things commonly practised , seemed to him contrary to that exactness of truth and justice which became a christian , so that he withdrew himself from the inns of court to live on his estate in the country . of this i was informed by an ancient gentleman , that lived in a friendship with his son for fifty years , and he heard judge iones ▪ that was mr. hales contemporary , declare this in the kings-bench . but as the care he had to save his soul , made him abandon a profession in which he might have raised his family much higher , so his charity to his poor neighbours , made him not only deal his alms largely among them while he lived , but at his death he left ( out of his small estate which was but 100 l a year ) 20 l. a year to the poor of wotton , which his son confirmed to them with some addition , and with this regulation , that it should be distributed among such poor house-keepers , as did not receive the alms of the parish ; for to give it to those , was only as he used to say , to save so much money to the rich , who by law were bound to relieve the poor of the parish . thus he was descended rather from a good , than a noble family , and yet what was wanting in the insignificant titles of high birth , and noble blood , was more than made up in the true worth of his ancestors . but he was soon deprived of the happiness of his fathers care and instruction , for as he lost his mother before he was three years old , so his father died before he was five ; so early was he cast on the providence of god. but that unhappiness was in a great measure made up to him : for after some opposition made by mr. thomas poyntz , his uncle by his mother , he was committed to the care of anthony kingscot , of kingscot esquire , who was his next kinsman , after his uncles , by his mother . great care was taken of his education , and his guardian intended to breed him to be a divine , and being inclined to the way of those then called puritans , put him to some schools that were taught by those of that party , and in the 17 th . year of his age , sent him to magdalen-hall in oxford , where obadiah sedgwick was his tutor . he was an extraordinary proficient at school , and for some time at oxford . but the stage players coming thither , he was so much corrupted by seeing many playes , that he almost wholly forsook his studies . by this he not only lost much time , but found that his head came to be thereby filled with such vain images of things , that they were at best improfitable , if not hurtful to him ; and being afterwards sensible of the mischief of this , he resolved upon his coming to london , ( where he knew the opportunities of such sights would be more frequent and inviting ) never to see a play again , to which he constantly adhered . the corruption of a young man's mind in one particular , generally draws on a great many more after it , so he being now taken off from following his studies , and from the gravity of his deportment , that was formerly eminent in him , far beyond his years , set himself to many of the vanities incident to youth , but still preserved his purity , and a great probity of mind . he loved fine clothes , and delighted much in company : and being of a strong robust body , he was a great master at all those exercises that required much strength . he also learned to fence , and handle his weapons , in which he became so expert , that he worsted many of the masters of those arts : but as he was exercising himself in them , an instance appeared , that shewed a good judgment , and gave some hopes of better things . one of his masters told him he could teach him no more , for he was now better at his own trade than himself was . this mr. hale lookt on as flattery ; so to make the master discover himself , he promised him the house he lived in , for he was his tenant , if he could hit him a blow on the head : and bad him do his best , for he would be as good as his word : so after a little engagement , his master being really superiour to him , hit him on the head , and he performed his promise ; for he gave him the house freely : and was not unwilling at that rate to learn so early , to distinguish flattery from plain and simple truth . he was now so taken up with martial matters , that instead of going on in his design of being a scholar , or a divine , he resolved to be a souldier : and his tutor sedgwick going into the low-countries , chaplain to the renowned lord vere , he resolved to go along with him , and to trail a pike in the prince of orange's army ; but a happy stop was put to this resolution , which might have proved so fatal to himself , and have deprived the age of the great example he gave , and the useful services he afterwards did his country . he was engaged in a suite of law with sir william whitmore , who laid claim to some part of his estate , and his guardian being a man of a retired temper , and not made for business , he was forced to leave the university , after he had been three years in it , and goe to london to sollicite his own business . being recommended to serjeant glanvill for his councellor , and he observing in him a clear apprehension of things , and a solid judgement , and a great fitness for the study of the law , took pains upon him to perswade him to forsake his thoughts of being a souldier , and to apply himself to the study of the law : and this had so good an effect on him , that on the 8 th . of november , 1629. when he was past the 20 th . year of his age , he was admitted into lincolns-inn : and being then deeply sensible how much time he had lost , and that idle and vain things had over-run and almost corrupted his mind , he resolved to redeem the time he had lost , and followed his studies with a diligence that could scarce be beleived , if the signal effects of it did not gain it credit . he studied for many years at the rate of 16 hours a day : he threw aside all fine clothes , and betook himself to a plain fashion , which he continued to use in many points to his dying day . but since the honour of reclaiming him from the idleness of his former course of life , is due to the memory of that eminent lawyer serj. glanvil , and since my design in writing is to propose a pattern of heroick virtue to the world , i shall mention one passage of the serjeant which ought never to be forgotten . his father had a fair estate , which he intended to settle on his elder brother , but he being a vicious young man , and there appearing no hopes of his recovery , he setled it on him , that was his second son. upon his death , his eldest son finding that what he had before looked on , as the threatnings of an angry father , was now but too certain , became melancholly , and that by degrees wrought so great a change on him , that what his father could not prevail in while he lived , was now effected by the severity of his last will , so that it was now too late for him to change in hopes of an estate that was gone from him . but his brother observing the reality of the change , resolved within himself what to do : so he called him , with many of his friends together to a feast , and after other dishes had been served up to the dinner , he ordered one that was covered to be set before his brother , and desired him to uncover it ; which he doing , the company was surprized to find it full of writings . so he told them that he was now to do , what he was sure his father would have done , if he had lived to see that happy change , which they now all saw in his brother : and therefore he freely restored to him the whole estate . this is so great an instance of a generous and just disposition , that i hope the reader will easily pardon this digression , and that the rather since that worthy serjeant was so instrumental in the happy change that followed in the course of mr. hale's life . yet he did not at first break off from keeping too much company with some vain people , till a sad accident drove him from it , for he with some other young students , being invited to be merry out of town , one of the company called for so much wine , that notwithstanding all that mr. hale could do to prevent it , he went on in his excess till he fell down as dead before them , so that all that were present , were not a little affrighted at it , who did what they could to bring him to himself again : this did particularly affect mr. hale , who thereupon went into another room , and shutting the door , fell on his knees , and prayed earnestly to god , both for his friend , that he might be restored to life again ; and that himself might be forgiven for giving such countenance to so much excess : and he vowed to god , that he would never again keep company in that manner , nor drink a health while he lived : his friend recovered , and he most religiously observed his vow , till his dying day . and though he was afterwards prest to drink healths , particularly the kings , which was set up by too many as a distinguishing mark of loyalty , and drew many into great excess after his majesties happy restoration ; but he would never dispense with his vow , though he was sometimes roughly treated for this , which some hot and indiscreet led obstinacy . this wrought an entire change on him : now he forsook all vain company , and divided himself between the duties of religion , and the studies of his profession ; in the former he was so regular , that for six and thirty years time , he never once failed going to church on the lords day ; this observation he made when an ague first interrupted that constant course , and he reflected on it , as an acknowlegement of god's great goodness to him , in so long a continuance of his health . he took a strict account of his time , of which the reader will best judge , by the scheme he drew for a diary which i shall insert copied from the original , but i am not certain when he made it ; it is set down in the same simplicity in which he writ it for his own private use . morning . i. to lift up the heart to god in thankfulness for renewing my life . ii. to renew my covenant with god in christ. 1. by renewed acts of faith receiving christ , and rejoyceing in the height of that relation . 2 ▪ resolution of being one of his people doing him allegiance . iii. adoration and prayer . iv. setting a watch over my own infirmities and passions , over the snares laid in our way . perimus licitis . day imployment . there must be an imployment , two kinds . i. our ordinary calling , to serve god in it . it is a service to christ though never so mean. colos. 3. here faithfulness , diligence , chearfulness . not to overlay my self with more business than i can bear . ii. our spiritual imployments : mingle somewhat of gods immediate service in this day . refreshments . i. meat and drink , moderation seasoned with somewhat of god. ii. recreations . 1. not our business . 2. sutable . no games , if given to covetousness or passion . if alone . i. beware of wandring vain lustful thoughts , fly from thy self rather than entertain these . ii. let thy solitary thoughts be profitable , view the evidences of thy salvation , the state of thy soul , the coming of christ , thy own mortality , it will make thee humble and watchful . company . do good to them . use god's name reverently . beware of leaving an ill impression of ill example . receive good from them , if more knowing . evening . cast up the accompts of the day . if ought amiss , beg pardon . gather resolution of more vigilance . if well , bless the mercy and grace of god that hath supported thee . these notes have an imperfection in the wording of them , which shews they were only intended for his privacies . no wonder a man who set such rules to himself , became quickly very eminent and remarkable . noy the attorny general , being then one of the greatest men of the profession , took early notice of him , and called often for him , and directed him in his study , and grew to have such friendship for him , that he came to be called young noy . he passing from the extream of vanity in his apparel , to that of neglecting himself too much , was once taken when there was a press for the kings-service , as a fit person for it ; for he was a strong and well built man : but some that knew him coming by , and giving notice who he was , the press-men let him go . this made him return to more decency in his clothes , but never to any superfluity or vanity in them . once as he was buying some cloath for a new suit , the draper with whom he differed about the price , told him he should have it for nothing , if he would promise him an hundred pound when he came to be lord chief justice of england ; to which he answered , that he could not with a good conscience wear any man's cloath , unless he payed for it ; so he satisfied the draper , and carried away the cloath . yet that same draper lived to see him advanced to that same dignity . while he was thus improving himself in the study of the law , he not only kept the hours of the hall constantly in term-time , but seldom put himself out of commons in vacation-time , and continued then to follow his studies with an unwearied diligence ; and not being satisfied with the books writ about it , or to take things upon trust , was very diligentin searching all records : then did he make divers collections out of the books he had read , and mixing them with his own observations , digested them into a common-place book ; which he did with so much industry and judgment , that an eminent iudge of the kings-bench , borrowed it of him when he was lord chief baron : he unwillingly lent it , because it had been writ by him before he was called to the barr , and had never been throughly revised by him since that time , only what alterations had been made in the law by subsequent statutes , and judgments , were added by him as they had happened : but the iudge having perused it said , that though it was composed by him so early , he did not think any lawyer in england could do it better , except he himself would again set about it . he was soon found out by that great and learned antiquary mr. selden , who though much superiour to him in years , yet came to have such a liking of him , and of mr. vaughan , who was afterwards lord chief justice of the common-pleas , that as he continued in a close friendship with them while he lived , so he left them at his death , two of his four executors . it was this acquaintance that first set mr. hale on a more enlarged pursuit of learning , which he had before confined to his own profession , but becoming as great a master in it , as ever any was , very soon ; he who could never let any of his time go away unprofitably , found leisure to attain to as great a variety of knowledge , in as comprehensive a manner as most men have done in any age. he set himself much to the study of the romane law , and though he liked the way of judicature in england by juries , much better than that of the civil law , where so much was trusted to the iudge ; yet he often said , that the true grounds and reasons of law were so well delivered in the digests , that a man could never understand law as a science so well as by seeking it there , and therefore lamented much that it was so little studied in england . he looked on readiness in arithmetick , as a thing which might be useful to him in his own imployment , and acquired it to such a degree , that he would often on the sudden , and afterwards on the bench resolve very hard questions , which had puzled the best accomptants about town . he rested not here , but studied the algebra both speciosa and numerosa , and went through all the other mathematical sciences , and made a great collection of very excellent instruments , sparing no cost to have them as exact , as art could make them . he was also very conversant in philosophical learning , and in all the curious experiments , and rare discoveries of this age : and had the new books written on those subjects sent him from all parts , which he both read and examined so critically , that if the principles and hypotheses which he took first up , did any way prepossess him , yet those who have differed most from him , have acknowledged , that in what he has writ concerning the torricellian experiment , and of the rarefaction and condensation of the air ; he shews as great an exactness , and as much subtilty in the reasoning he builds on them , as these principles to which he adhered could bear . but indeed it will seem scarce credible , that a man so much imployed , and of so severe a temper of mind , could find leisure to read , observe and write so much of these subjects as he did . he called them his diversions , for he often said when he was weary with the study of the law , or divinity , he used to recreate himself with philosophy or the mathematicks ; to these he added great skill in physick , anatomy and chyrurgery : and he used to say no man could be absolutely a master in any profession , without having some skill in other sciences ; for besides the satisfaction he had in the knowledge of these things , he made use of them often in his imployments . in some examinations he would put such questions to physitians or chyrurgeons , that they have professed the colledge of physitians could not do it more exactly ; by which he discovered great judgment , as well as much knowledge in these things : and in his sickness he used to argue with his doctors about his distempers , and the methods they took with them , like one of their own profession ; which one of them told me he understood , as far as speculation without practice could carry him . to this he added great searches into ancient history , and particularly into the roughest and least delightful part of it , chronology . he was well acquainted with the ancient greek philosophers , but want of occasion to use it , wore out his knowledge of the greek tongue ; and though he never studied the hebrew tongue , yet by his great conversation with selden , he understood the most curious things in the rabinical learning . but above all these , he seemed to have made the study of divinity the cheif of all others , to which he not only directed every thing else , but also arrived at that pitch in it , that those who have read , what he has written on these subjects , will think , they must have had most of his time and thoughts . it may seem extravagant , and almost incredible , that one man in no great compass of years , should have acquired such a variety of knowledge ; and that in sciences that require much leasure and application . but as his parts were quick , and his apprehensions lively , his memory great , and his judgements strong ; so his industry was almost indefatigable . he rose always betimes in the morning , was never idle , scarce ever held any discourse about newes , except with some few in whom he confided entirely . he entered into no correspondence by letters , except about necessary business , or matters of learning , and spent very little time in eating or drinking ; for as he never went to publick feasts , so he gave no entertainments but to the poor ; for he followed our saviour's direction , ( of feasting none but these ) literally : and in eating and drinking , he observed not only great plainness and moderation , but lived so philosophically , that he always ended his meal , with an appetite : so that he lost little time at it ; ( that being the only portion which he grudged himself ) and was disposed to any exercise of his mind , to which he thought fit to apply himself , immediately after he had dined : by these means he gained much time , that is otherwise unprofitably wasted . he had also an admirable equality in the temper of his mind , which disposed him for what ever studies he thought fit to turn himself to ; and some very uneasy things which he lay under for many years , did rather engage him to , than distract him from his studies . when he was called to the barr , and began to make a figure in the world , the late unhappy warrs broke out , in which it was no easie thing , for a man to preserve his integrity , and to live , securely , free from great danger and trouble . he had read the life of pomponius atticus , writ by nepos , and having observed , that he had passed through a time of as much distraction , as ever was in any age or state , from the wars of marius and scilla , to the beginnings of augustus his reign , without the least blemish on his reputation , and free from any considerable danger , being held in great esteem by all parties , and courted and favoured by them : he set him as a pattern to himself , and observing that besides those virtues which are necessary to all men , and at all times , there were two things that chiefly preserved atticus , the one was his engaging in no faction , and medling in no publick business , the other was his constant favouring and reliveing those that were lowest , which was ascribed by such as prevailed to the generosity of his temper , and procured him much kindness from those on whom he had exercised his bounty , when it came to their turn to govern : he resolved to guide himself by those rules as much as was possible for him to do . he not only avoided all publick imployment , but the very talking of news , and was always both favourable and charitable to those who were deprest , and was sure never to provoke any in particular , by censuring or reflecting on their actions ; for many that have conversed much with him , have told me they never heard him once speak ill of any person . he was imployed in his practice by all the kings party : he was assigned council to the earl of strafford , and arch bishop laud ▪ and afterwards to the blessed king himself , when brought to the infamous pageantry of a monk ▪ tryal , and offered to plead for him with all the courage , that so glorious a cause ought to have inspired him with , but was not suffered to appear , because the king refusing , as he had good reason , to submit to the court ▪ it was pretended none could be admitted to speak for him . he was also council for the duke of hamilton , the earl of holland , and the lord capel : his plea for the former of these i have published in the memoires of that dukes life . afterwards also being council for the lord craven , he pleaded with that force of argument , that the then attorney general , threatned him for appearing against the government , to whom he answered , he was pleading in defence of those laws , which they declared they would maintain and preserve , and he was doing his duty to his client , so that he was not to be daunted with threatnings . upon all these occasions he had discharged himself with so much learning , fidelity , and courage , that he came to be generally imployed for all that party ; nor was he satisfied to appear for their just defence in the way of his profession , but he also relieved them often in their necessities ; which he did in a way that was no less prudent than charitable , considering the dangers of that time : for he did often deposite considerable sums in the hands of a worthy gentleman of the kings party , who knew their necessities well , and was to distribute his charity according to his own discretion , without either letting them know , from whence it came , or giving himself any account to whom he had given it . cromwell seeing him possest of so much practice , and he being one of the eminentest men of the law , who was not at all affraid of doing his duty in those critical times ; resolved to take him off from it , and raise him to the bench. mr. hale saw well enough the snare laid for him , and though he did not much consider the prejudice it would be to himself , to exchange the easie and safer profits he had by his practice , for a iudges place in the common-pleas , which he was required to accept of , yet he did deliberate more on the lawfulness of taking a commission from usurpers ; but having considered well of this , he came to be of opinion , that it being absolutely necessary , to have iustice and property kept up at all times : it was no sin to take a commission from usurpers , if he made no declaration of his acknowledging their authority , which he never did : he was much urged to accept of it by some eminent men of his own profession , who were of the kings party , as sir orlando bridgeman , and sir geoffery palmer ; and was also satisfied concerning the lawfulness of it , by the resolution of some famous divines , in particular dr. sheldon , and dr. henchman , who were afterwards promoted to the sees of canterbury and london . to these were added the importunities of all his friends , who thought that in a time of so much danger and oppression , it might be no small security to the nation , to have a man of his integrity and abilities on the bench : and the usurpers themselves held him in that estimation , that they were glad to have him give a countenance to their courts , and by promoting one that was known to have different principles from them ; affected the reputation of honouring and trusting men of eminent virtues , of what perswasion soever they might be , in relation to publick matters . but he had greater scruples concerning the proceeding against felons , and putting offenders to death by that commission , since he thought the sword of justice belonging only by right to the lawful prince , it seemed not warrantable to proceed to a capital sentence by an authority derived from usurpers ; yet at first he made distinction between common and ordinary felonies , and offences against the state , for the last he would never meddle in them ; for he thought these might be often legal and warrantable actions , and that the putting men to death on that account was murder ; but for the ordinary felonies , he at first was of opinion that it was as necessary even in times of usurpation to execute justice in those cases , as in the matters of property ; for after the king was murthered , he laid by all his collections of the pleas of the crown , and that they might not fall into ill hands , he hid them behind the wainscotting of his study , for he said there was no more occasion to use them , till the king should be again restored to his right , and so upon his majesties restoration he took them out , and went on in his design to perfect that great work. yet for some time after he was made a iudge , when he went the circuit , he did sit on the crown side , and judged criminals : but having considered farther of it , he came to think that it was at least better not to do it ; and so after the second or third circuit , he refused to sit any more on the crown side , and told plainly the reason , for in matters of blood , he was always to choose the safer side : and indeed he had so carried himself in some tryals , that they were not unwilling he should withdraw from medling farther in them , of which i shall give some instances . not long after he was made a iudge , which was in the year 1653 , when he went the circuit , a tryal was brought before him at lincoln , concerning the murther of one of the townsmen , who had been of the kings party , and was killed by a souldier of the garrison there . he was in the fields with a fowling piece on his shoulder , which the souldier seeing , he came to him and said , it was contrary to an order which the protector had made , that none who had been of the kings party should carry armes , and so he would have forced it from him ; but as the other did not regard the order , so being stronger than the souldier , he threw him down and having beat him , he left him : the souldier went into the town , and told one of his fellow souldiers how he had been used , and got him to go with him , and lie in wait for the man that he might be revenged on him . they both watched his coming to town , and one of them went to him to demand his gun , which he refusing , the soldier struck at him , and as they were strugling , the other came behind , and ran his sword into his body , of which he presently died . it was in the time of the assizes , so they were both tried : against the one there was no evidence of forethought felony , so he was only found guilty of man-slaughter , and burnt on the hand ; but the other was found guilty of murther : and though collonel whaley thatcommanded the garrison , came into the court and urged , that the man was killed only for disobeying the protectors orders , and that the soldier was but doing his duty ; yet the iudge regarded both his reasons and threatnings very little , and therefore he not only gave sentence against him , but ordered the execution to be so suddenly done , that it might not be possible to procure a reprieve , which he believed would have been obtained , if there had been time enough granted for it . another occasion was given him of shewing both his justice and courage , when he was in another circuit ; he understood that the protector had ordered a iury to be returned for a tryal in which he was more than ordinarily concerned : upon this information , he examined the sheriff about it , who knew nothing of it , for he said he referred all such things to the under sheriff , and having next asked the under sheriff concerning it , he found the iury had been returned by order from cromwell ; upon which he shewed the statute , that all iuries ought to be returned by the sheriff or his lawful officer ; and this not being done according to law , he dismissed the iury , and would not try the cause : upon which the protector was highly displeased with him , and at his return from the circuit , he told him in anger he was not fit to be a iudge , to which all the answer he made was , that it was very true . another thing met him in the circuit , upon which he resolved to have proceeded severely : some anabaptists had rushed into a church , and had disturbed a congregation , while they were receiving the sacrament , not without some violence ; at this he was highly offended , for he said it was intolerable for men , who pretended to highly so liberty of conscience , to go and disturb others ; especially those who had the incouragement of the law on their side : but these were so supported by some great magistrates and officers , that a stop was put to his proceedings ; upon which he declared , he would medle no more with the tryals on the crown-side . when penruddocks tryal was brought on , there was a special messenger sent to him requiring him to assist at it . it was in vacation time , and he was at his country-house at alderly : he plainly refused to go , and said , the four terms , and two circuits , were enough , and the little interval that was between , was little enough for their private affairs , and so he excused himself ; he thought it was not necessary to speak more clearly , but if he had been urged to it , he would not have been affraid of doing it . he was at that time chosen a parliament-man , ( for there being then no house of lords , iudges might have been chosen to sit in the house of commons ) and he went to it , on design to obstruct the mad and wicked projects then on foot , by two parties , that had very different principles and ends . on the one hand , some that were perhaps more sincere , yet were really brain-sick , designed they knew not what , being resolved to pull down a standing ministry , the law , and property of england , and all the ancient rules of this government , and set up in its room an indigested enthusiastical scheme , which they called the kingdom of christ , or of his saints ; many of them being really in expectation , that one day or another christ would come down , and sit among them , and at least they thought to begin the glorious thousand years , mentioned in the revelation . others at the same time , takeing advantages from the fears and apprehensions , that all the sober men of the nation were in , lest they should fall under the tyranny of a distracted sort of people , who to all their other ill principles , added great cruelty , which they had copied from those at munster in the former age , intended to improve that opportunity to raise their own fortunes and families . amidst these , iudge hale steered a middle course ; for as he would engage for neither side , so he with a great many more worthy men came to parliaments , more out of a design to hinder mischief , than to do much good ; wisely foreseeing , that the inclinations for the royal family were daily growing so much , that in time the disorders then in agitation , would ferment to that happy resolution , in which they determined in may , 1660. and therefore all that could be then done , was to oppose the ill designs of both parties , the enthusiasts as well as the usurpers . among the other extravagant motions made in this parliament , one was , to destroy all the records in the tower , and to settle the nation on a new-foundation ; so he took this province to himself , to shew the madness of this proposition , the injustice of it , and the mischeifs that would follow on it , and did it with such clearness , and strength of reason , as not only satisfied all sober persons ( for it may be supposed that was soon done ) but stopt even the mouths of the frantick people themselves , thus he continued administring justice till the protector died , but then he both refused the mournings that were sent to him and his servants for the funeral , and likewise to accept of the new commission th●● was offered him by richard , and when the rest of the iudges urged it upon him , and imployed others to press him to accept of it , he rejected all their importunities , and said he could act no longer under such authority ▪ he lived a private man till the parliament met that called home the king , to which he was returned knight of the shire from the county glocester . it appeared at that time how much he was beloved and esteemed in his neighborhood , for though another who stood in competition with him had spent near a thousand pounds to procure voices , a great sum to be imployed that way in those days , and he had been at no cost , and was so far from solliciting it , that he had stood out long against those who press'd him to appear , and he did not promise to appear till three days before the election , yet he was preferred . he was brought thither almost by violence , by the lord ( now earl of ) berkeley , who bore all the charge of the entertainments on the day of his election , which was considerable , and had engaged all his friends and interest for him : and whereas by the writ , the knight of a shire must be miles gladio cinctus , and he had no sword , that noble lord girt him with his own sword during the election , but he was soon weary of it , for the imbrodery of the belt , did not sute well with the plainness of his clothes : and indeed the election did not hold long , for as soon as ever he came into the field , he was chosen by much the greater number , though the poll continued for three or four days . in that parliament he bore his share , in the happy period then put to the confusions that threatned the utter ruin of the nation , which contrary to the expectations of the most sanguine , setled in so serene and quiet a manner , that those who had formerly built so much on their success , calling it an answer from heaven to their solemn appeals , to the providence of god , were now not a little confounded , to see all this turned against themselves , in an instance much more extraordinary than any of those were , upon which they had built so much . his great prudence and excellent temper led him to think , that the sooner an act of indemnity were passed , and the fuller it were of graces and favours , it would sooner settle the nation , and quiet the minds of the people ; and therefore he applied himself with a particular care to the framing and carrying it on : in which it was visible he had no concern of his own , but merely his love of the publick that set him on to it . soon after this , when the courts in westminster-hall came to be setled , he was made lord cheif baron ; and when the earl of clarendon ( then lord chancellor ) delivered him his commission , in the speech he made according to the custome on such occasions , he expressed his esteem of him in a very singular manner , telling him among other things , that if the king could have found out an honester and fitter man for that imployment , he would not have advanced him to it ; and that he had therefore preferred him , because he knew none that deserved it so well . it is ordinary for persons so promoted to be knighted , but he desired to avoid having that honour done him , and therefore for a considerable time declined all opportunities of waiting on the king , which the lord chancellor observing , sent for him upon business one day , when the king was at his house , and told his majesty there was his modest chief baron , upon which , he was unexpectedly knighted . he continued eleven years in that place , managing the court , and all proceedings in it with singular justice . it was observed by the whole nation , how much he raised the reputation and practice of it : and those who held places , and offices in it , can all declare , not only the impartiality of his justice , for that is but a common virtue , but his generosity , his vast diligence , and his great exactness in tryals . this gave occasion to the only complaint that ever was made of him , that he did not dispatch matters quick enough ; but the great care he used , to put suits to a final end , as it made him slower in deciding them ; so it had this good effect , that causes tryed before him , were seldom if ever tryed again . nor did his administration of justice lie only in that court : he was one of the principal iudges that sate in cliffords-inn , about setling the difference between landlord and tenant , after the dreadful fire of london . he being the first that offered his service to the city , for accommodating all the differences that might have arisen about the rebuilding it , in which he behaved himself to the satisfaction of all persons concerned ; so that the suddain and quiet building of the city , which is justly to be reckoned one of the wonders of the age , is in no small measure due to the great care , which he and sir orlando bridge-man , ( then lord cheif iustice of the common-plea's afterwards lord keeper of the great seal of england ) used , and to the judgment they shewed in that affair : since without the rules then laid down , there might have otherwise followed such an endless train of vexatious suits , as might have been little less chargeable than the fire it self had been . but without detracting from the labours of the other iudges , it must be acknowledged that he was the most instrumental in that great work ; for he first by way of scheme , contrived the rules upon which he and the rest proceeded afterwards ; in which his readiness at arithmetick , and his skill in architecture were of great use to him . but it will not seem strange that a iudge behaved himself as he did , who at the entry into his imployment , set such excellent rules to himself , which will appear in the following paper copied from the original under his own hand . things necessary to be continually had in remembrance . i. that in the administration of iustice , i am intrusted for god , the king and country ; and therefore , ii. that it be done , 1. uprightly , 2. deliberately , 3. resolutely . iii. that i rest not upon my own understanding or strength , but implore and rest upon the direction and strength of god. iv. that in the execution of iustice , i carefully lay aside my own passions , and not give way to them , however provoked . v. that i be wholly intent upon the business i am about , remitting all other cares and thoughts , as unseasonable and interruptions . vi. that i suffer not my self to be prepossessed with any iudgment at all , till the whole business and both parties be heard . vii . that i never engage my self in the beginning of any cause , but reserve my self unprejudiced till the whole be heard , viii . that in business capital , though my nature prompt me to pity ; yet to consider , that there is also a pity due to the country . ix . that i be not too riged in matters purely conscientious , where all the harm is diversity of iudgment . x. that i be not biassed with compassion to the poor , or favour to the rich , in point of iustice. xi . that popular , or court applause , or distaste , have no influence into any thing i do in point of distribution of iustice. xii . not to be sollicitous what men will say or think , so long as i keep my self exactly according to the rule of iustice. xiii . if in criminals it be a measuring cast ▪ to incline to mercy and acquittal . xiv . in criminals that consist merely in words , when no more harm ensues , moderation is no injustice . xv. in criminals of blood , if the fact be evident , severity is iustice. xvi . to abhor all private sollicitations , of what kind soever , and by whom soever , in matters depending . xvii . to charge my servants , 1. not to interpose in any business whatsoever , 2. not to take more than their known fees , 3. not to give any undue precedence to causes , 4. not to recommend councill . xviii . to be short and sparing at meals , that i may be the fitter for business . he would never receive private addresses or recommendations from the greatest persons in any matter , in which iustice was concerned . one of the first peers of england went once to his chamber and told him , that having a suite in law to be tryed before him , he was then to acquaint him with it , that he might the better understand it , when it should come to be heard in court. upon which the lord cheif baron interupted him , and said he did not deal fairly to come to his chamber about such affairs , for he never received any information of causes but in open court , where both parties were to be heard alike , so he would not suffer him to go on : whereupon his grace ( for he was a duke ) went away not a little dissatisfied , and complained of it to the king , as a rudeness that was not to be endured . but his majesty bid him content himself that he was no worse used , and said , he verily believed he would have used himself no better , if he had gone to sollicite him in any of his own causes . another passage fell out in one of his circuits , which was somewhat censured as an affectation of an unreasonable strictness , but it flowed from his exactness to the rules he had set him self : a gentleman had sent him a buck for his table , that had a trial at the assizes ; so when he heard his name , he asked if he was not the same person that had sent him venison , and finding he was the same , he told him , he could not suffer the trial to go on , till he had paid him for his buck ; to which the gentleman answered , that he never sold his venison , and that he had done nothing to him , which he did not do to every iudge that had gone that circuit , which was confirmed by several gentlemen then present : but all would not do , for the lord cheif baron had learned from solomon , that a gift perverteth the ways of iudgment , and therefore he would not suffer the trial to go on , till he had paid for the present ; upon which the gentleman withdrew the record ; and at salisbury the dean and chapter having according to the custom presented him with six sugar loaves in his circuit , he made his servants pay for the sugar before he would try their cause . it was not so easie for him to throw off the importunities of the poor , for whom his compassion wrought more powerfully than his regard to wealth and greatness , yet when justice was concerned , even that did not turn him out of the way . there was one that had been put out of a place for some ill behaviour , who urged the lord cheif baron to set his hand to a certificate , to restore him to it , or provide him with an other : but he told him plainly his fault was such that he could not do it ; the other pressed him vehemently and fell down on his knees , and begged it of him with many tears ; but finding that could not prevail , he said he should be utterly ruined if he did it not ; and he should curse him for it every day . but that having no effect , then he fell out into all the reproachful words , that passion and despair could inspire him with , to which all the answer the lord cheif baron made , was , that he could very well bear all his reproaches , but he could not for all that set his hand to his certificate . he saw he was poor , so he gave him a large charity and sent him away . but now he was to go on after his pattern , pomponius atticus , still to favour and relieve them that were lowest ; so besides great charities to the nonconformists , who were then as he thought too hardly used , he took great care to cover them all he could , from the severities some designed against them , and discouraged those who were inclined to stretch the laws too much against them : he lamented the differences that were raised in this church very much , and according to the impartiality of his justice , he blamed some things on both sides , which i shall set down with the same freedom that he spake them . he thought many of the nonconformists ; had merited highly in the business of the kings restauration , and at least deserved that the terms of conformity should not have been made stricter , than they were before the war. there was not then that dreadful prospect of popery , that has appeared since : but that which afflicted him most was , that he saw the heats and contentions which followed upon those different parties and interests , did take people off from the indispensable things of religion , and slackned the zeal of other ways good men for the substance of it , so much being spent about external and indifferent things . it also gave advantages to atheists , to treat the most sacred points of our holy faith , as ridiculous , when they saw the professors of it contend , so fiercely , and with such bitterness , about lesser matters : he was much offended at all those books that were written , to expose the contrary sect to the scorn and contempt of the age in a wanton and petulant style ; he thought such writers wounded the christian religion , through the sides of those who differed from them : while a sort of lewd people , who having assumed to themselves the title of the witts ( though but a very few of them have a right to it ) took up from both hands , what they had said , to make one another shew ridiculous , and from thence perswaded the world to laugh at both , and at all religion for their sakes . and therefore he often wished there might be some law , to make all scurrility or bitterness in disputes about religion punishable ▪ but as he lamented the proceedings too rigourously against the nonconformists , so he declared himself always of the side of the church of england , and said those of the separation were good men , but they had narrow soules , who would break the peace of the church , about such inconsiderable matters , as the points in difference were . he scarce ever medled in state intrigues , yet upon a proposition that was set on foot by the lord keeper bridgeman , for a comprehension of the more moderate dissenters , and a limited indulgence towards such as could not be brought within the comprehension , he dispensed with his maxime , of avoiding to engage in matters of state. there were several meetings upon that occasion . the divine of the church of england that appeared most considerably for it , was doctor wilkins , afterwards promoted to the bishoprick of chester , a man of as great a mind , as true a judgment , as eminent virtues , and of as good a soul , as any i ever knew . he being determined as well by his excellent temper , as by his foresight and prudence , by which he early perceived the great prejudices that religion received , and the vast dangers the reformation was like to fall under by those divisions ; set about that project with the magnanimity that was indeed peculiar to himself ; for though he was much censured by many of his own side , and seconded by very few , yet he pushed it as far as he could : after several conferences with two of the eminentest of the presbiterian divines , heads were agreed on , some abatements were to be made , and explanations were to be accepted of . the particulars of that project being thus concerted , they were brought to the lord cheif baron , who put them in form of a bill , to be presented to the next sessions of parliament . but two parties appeared vigorously against this design , the one was of some zealous clergy-men , who thought it below the dignity of the church to alter laws , and change setlements for the sake of some whom they esteemed schismaticks : they also believed , it was better to keep them out of the church , than bring them into it , since a faction upon that would arise in the church , which they thought might be more dangerous than the schism it self was . besides they said , if some things were now to be changed in complyance with the humour of a party , as soon as that was done , another party might demand other concessions , and there might be as good reasons invented for these as for those : many such concessions might also shake those of our own communion , and tempt them to forsake us , and go over to the church of rome , pretending that we changed so often , that they were thereby inclined to be of a church , that was constant and true to her self . these were the reasons brought , and cheifly insisted on against all comprehension ; and they wrought upon the greater part of the house of commons , so that they passed a vote against the receiving of any bill for that effect . there were others that opposed it upon very different ends : they designed to shelter the papists from the execution of the law , and saw clearly that nothing could bring in popery so well as a toleration . but to tolerate popery bare-faced , would have startled the nation too much ; so it was necessary to hinder all the propositions for union , since the keeping up the differences was the best colour they could find , for getting the tolleration to pass only as a slackning the laws against dissenters , whose numbers and wealth made it adviseable to have some regard to them ; and under this pretence popery might have crept in more covered , and less regarded : so these councils being more acceptable to some concealed papists then in great power , as has since appeared but too evidently , the whole project for comprehension was let fall , and those who had set it on foot , came to be looked on with an ill eye , as secret favourers of the dissenters , underminers of the church , and evey thing else that jealousie and distaste could cast on them . but upon this occasion the lord cheif baron , and dr. wilkins , came to contract a firm and familiar friendship ; and the lord cheif baron having much business , and little time to spare , did to enjoy the other the more , what he had scarce ever done before , he went sometimes to dine with him . and though he lived in great friendship with some other eminent clergy-men , as dr. ward , bishop of salisbury ; dr. barlow , bishop of lincoln ; dr. barrow , late master of trinity colledge ; dr. tillotson , dean of canterbury ; and dr. stillingfleet , dean of st. pauls , ( men so well known and so much esteemed , that as it was no wonder the lord cheif baron valued their conversation highly , so those of them that are yet alive will think it no lessening of the character they are so deservedly in , that they are reckoned among iudge hale's friends ) yet there was an intimacy and freedom in his converse with bishop wilkins that was singular to him alone : he had during the late wars , lived in a long and entire friendship with the apostolical primate of ireland bishop usher : their curious searches into antiquity , and the sympathy of both their tempers led them to a great agreement almost in every thing . he held also great conversation with mr. baxter , who was his neighbour at acton , on whom he looked as a person of great devotion and piety , and of a very subtile and quick apprehension : their conversation lay most in metaphysical and abstracted idea's and schemes . he looked with great sorrow on the impiety and atheism of the age , and so he set himself to oppose it , not only by the shining example of his own life , but by engaging in a cause , that indeed could hardly fall into better hands : and as he could not find a subject more worthy of himself , so there were few in the age that understood it so well , and could manage it more skilfully . the occasion that first led him to write about it was this . he was a strict observer of the lords day , in which , besides his constancy in the publick worship of god , he used to call all his family together , and repeat to them the heads of the sermons , with some additions of his own , which he fitted for their capacities , and circumstances , and that being done , he had a custome of shutting himself up for two or three hours , which he either spent in his secret devotions , or on such profitable meditations as did then occur to his thoughts : he writ them with the same simplicity that he formed them in his mind , without any art , or so much as a thought to let them be published : he never corrected them , but laid them by , when he had finished them , having intended only to fix and preserve his own reflections in them ; so that he used no sort of care to polish them , or make the first draught perfecter than when they fell from his pen : these fell into the hands of a worthy person , and he judging , as well he might , that the communicating them to the world , might be a publick service , printed two volumes of them in octavo a little before the authors death , containing his contemplations , i. of our latter end. ii. of wisdome , and the fear of god. iii. of the knowledge of christ crucified . iv. the victory of faith over the world. v. of humility . vi. iacobs vow . vii . of contentation . viii . of afflictions . ix . a good method to entertain unstable and troublesome times . x. changes and troubles , a poem . xi . of the redemption of time . xii . the great audit. xiii directions touching keeping the lords day , in a letter to his children . xiv . poems written upon christmass-day . in the 2 d. volume . i. an enquiry touching happiness . ii. of the chief end of man. iii. upon 12 ecles . 1. remember thy creator . iv. upon the 51. psal. v. 10. create a clean heart in me , with a poem . v. the folly and mischeif of sin. vi. of self denial . vii . motives to watchfulness , in reference to the good and evil angels . viii . of moderation of the affections . ix . of worldly hope and expectation . x. upon 13. heb. 14. we have here no continuing city . xi . of contentedness and patience . xii . of moderation of anger . xiii . a preparative against afflictions . xiv . of submission , prayer , and thanksgiving . xv. of prayer and thanksgiving on psal. 116.12 . xvi . meditations on the lords prayer , with a paraphrase upon it . in them there appears a generous and true spirit of religion , mixt with most serious and fervent devotion , and perhaps with the more advantage , that the stile wants some correction , which shews they were the genuine productions of an excellent mind , entertaining it self in secret with such contemplations . the stile is clear and masculine , in a due temper between flatness and affectation , in which he expresses his thoughts both easily and decently : in writing these discourses , having run over most of the subjects that his own circumstances led him chiefly to consider , he began to be in some pain to chuse new arguments ; and therefore resolved to fix on a theam that should hold him longer . he was soon determined in his choice , by the immoral and irreligious principles and practices , that had so long vexed his righteous soul : and therefore began a great design against atheisme , the first part of which is only printed , of the origination of mankind , designed to prove the creation of the world , and the truth of the mosaical history . the second part was of the nature of the soul , and of a future state. the third part was concerning the attributes of god , both from the abstracted idea's of him , and the light of nature ; the evidence of providence , the notions of morality , and the voice of conscience . and the fourth part was concerning the truth and authority of the scriptures , with answers to the objections against them : on writing these he spent seven years . he wrote them with so much consideration , that one who perused the original under his own hand , which was the first draught of it ; told me , he did not remember of any considerable alteration , perhaps not of twenty words in the whole work. the way of his writing them , only on the evenings of the lords day , when he was in town , and not much oftner when he was in the country , made , that they are not so contracted , as it is very likely he would have writ them , if he had been more at leisure to have brought his thoughts into a narrower compass , and fewer words . but making some allowance for the largeness of the stile , that volum that is printed , is generally acknowledged to be one of the perfectest pieces both of learning and reasoning that has been writ on that subject : and he who read a great part of the other volumes told me , they were all of a piece with the first . when he had finished this work , he sent it by an unknown hand to bishop wilkins , to desire his judgment of it ; but he that brought it , would give no other account of the authour , but that he was not a clergy man. the bishop , and his worthy friend dr. tillotson , read a great deal of it with much pleasure , but could not imagine who could be the author , and how a man that was master of so much reason , and so great a variety of knowledge , should be so unknown to them , that they could not find him out , by those characters , which are so little common . at last dr. tillotson guessed it must be the lord cheif baron , to which the other presently agreed , wondring he had been so long in finding it out . so they went immediately to him , and the bishop thanking him for the entertainment he had received from his works , he blushed extreamly , not without some displeasure , apprehending that the person he had trusted had discovered him . but the bishop soon cleared that , and told him , he had discovered himself , for the learning of that book was so various , that none but he could be the author of it . and that bishop having a freedom in delivering his opinion of things and persons , which perhaps few ever managed both with so much plainness and prudence , told him , there was nothing could be better said on these arguments , if he could bring it into a less compass , but if he had not leisure for that , he thought it much better to have it come out , though a little too large , than that the world should be deprived of the good which it must needs do . but our iudge , had never the opportunities of revising it , so a little before his death , he sent the first part of it to the press . in the beginning of it , he gives an essay of his excellent way of methodizing things , in which he was so great a master , that whatever he undertook , he would presently cast into so perfect a scheme , that he could never afterwards correct it : he runs out copiously upon the argument of the impossibility of an eternal succession of time , to shew that time and eternity are inconsistent one with another ; and that therefore all duration that was past , and defined by time , could not be from eternity , and he shews the difference between successive eternity already past , and one to come ; so that though the latter is possible , the former is not so ; for all the parts of the former have actually been , and therefore being defined by time , cannot be eternal ; whereas the other are still future to all eternity , so that this reasoning cannot be turned to prove the possibility of eternal successions , that have been , as well as eternal successions that shall be . this he follows with a strength , i never met with in any that managed it before him . he brings next all those moral arguments , to prove that the world had a beginning ; agreeing to the account moses gives of it , as that no history rises higher , than near the time of the deluge ; and that the first foundation of kingdoms , the invention of arts , the beginnings of all religions , the gradual plantation of the world , and increase of mankind , and the consent of nations do agree with it . in managing these , as he shews profound skill both in historical , and philosophical learning , so he gives a noble discovery of his great candor and probity , that he would not impose on the reader with a false shew of reasoning by arguments , that he knew had flawes in them ; and therefore upon every one of these , he adds such allays , as in a great measure lessened and took off their force , with as much exactness of judgment , and strictness of censure , as if he had been set to plead for the other side : and indeed sums up the whole evidence for religion , as impartially as ever he did in a tryal for life or death to the iury ; which how equally and judiciously he always did , the whole nation well knows . after that , he examines the ancient opinions of the philosophers , and inlarges with a great variety of curious reflections in answering that only argument , that has any appearance of strength for the casual production of man , from the origination of insects out of putrified matter , as is commonly supposed , and he concluded the book , shewing how rational and philosophical the account which moses gives of it is . there is in it all a sagacity and quickness of thought , mixed with great and curious learning , that i confess i never met together in any other book on that subject : among other conjectures , one he gives concerning the deluge is , that he did not think the face of the earth and the waters , were altogether the same before the universal deluge , and after : but possibly the face of the earth was more even than now it is : the seas possibly more dilated and extended , and not so deep as now ▪ and a little after , possibly the seas have undermined much of the appearing continent of earth . this i the rather take notice of , because it hath been since his death , made out in a most ingenious , and most elegantly writ book , by mr. burnet of christ's colledge in cambridge , who has given such an essay towards the proving the possibility of an universal deluge , and from thence , has collected with great sagacity what paradise was before it , as has not been offered by any philosopher before him . while the iudge was thus imploying his time , the lord ch. iust. keyling dying , he was on the 18 th . of may 1671 , promoted to be lord cheif iustice of england . he had made the pleas of the crown one of his cheif studies , and by much search , and long observation , had composed that great work concerning them , formerly mentioned : he that holds the high office of iusticiary in that court , being the cheif trustee , and assertor of the liberties of his countrey ; all people applauded this choice , and thought their liberties could not be better deposited than in the hands of one , that as he understood them well , so he had all the justice and courage , that so sacred a trust required . one thing was much observed and commended in him , that when there was a great inequality in the ability and learning of the councellors that were to plead one against another : he thought it became him , as the iudge , to supply that ; so he would enforce what the weaker council managed but indifferently , and not suffer the more learned to carry the business by the advantage they had over the others in their quickness and skill in law , and readiness in pleading , till all things were cleared in which the merits and strength of the ill defended cause lay . he was not satisfied barely to give his judgment in causes , but did especially in all intricate ones , give such an account of the reasons that prevailed with him ; that the council did not only acquiesce in his authority , but were so convinced by his reasons , that i have heard many profess that he brought them often to change their opinions ; so that his giving of judgment was really a learned lecture upon that point of law : and which was yet more , the parties themselves , though interest does too commonly corrupt the judgment , were generally satisfied with the justice of his decisions , even when they were made against them . his impartial justice , and great diligence , drew the cheif practice after him , into whatsoever court he came : since , though the courts of the common pleas , the exchequer and the kings-bench , are appointed for the tryal of causes of different natures , yet it is easie to bring most causes into any of them , as the council or attornies please ; so as he had drawn the business much after him , both into the common pleas , and the exchequer , it now followed him into the kings-bench , and many causes that were depending in the exchequer and not determined , were let fall there , and brought again before him in the court to which he was now removed . and here did he spend the rest of his publick life and imployment : but about four years and a half after this advancement , he who had hitherto enjoyed a firm and vigorous health , to which his great temperance , and the equality of his mind , did not a little conduce , was on a sudden brought very low by an inflammation in his midriff , which in two days time broke the constitution of his health to such a degree , that he never recovered it : he became so asthmatical , that with great difficulty he could fetch his breath , that determined in a dropsie , of which he afterwards died. he understood physick so well , that considering his age , he concluded his distemper must carry him off in a little time ; and therefore he resolved to have some of the last months of his life reserved to himself , that being freed of all worldly cares , he might be preparing for his change : he was also so much disabled in his body , that he could hardly , though supported by his servants , walk through westminster-hall , or endure the toile of business ; he had been a long time wearied with the distractions that his imployment had brought on him , and his profession was become ungrateful to him ; he loved to apply himself wholly to better purposes , as will appear by a paper that he writ on this subject , which i shall here insert . first , if i consider the business of my profession , whether as an advocate , or as a iudge , it is true i do acknowledge by the institution of almighty god , and the dispensation of his providence , i am bound to industry and fidelity in it : and as it is an act of obedience unto his will , it carries with it some things of religious duty , and i may and do take comfort in it , and expect a reward of my obedience to him , and the good that i do to mankind therein , from the bounty and beneficence and promise of almighty god ; and it is true also that without such imployments , civil societies cannot be supported , and great good redounds to mankind from them , and in these respects the conscience of my own industry , fidelity and integrity in them , is a great comfort and satisfaction to me . but yet this i must say concerning these imployments , considered simply in themselves , that they are very full of cares , anxieties and perturbations . secondly , that though they are beneficial to others , yet they are of the least benefit to him that is imployed in them . thirdly , that they do necessarily involve the party , whose office it is , in great dangers , difficulties , and calumnies . fourthly , that they only serve for the meridian of this life , which is short and uncertain . fifthly , that though it be my duty , faithfully to serve in them , while i am called to them , and till i am duly called from them , yet they are great consumers of that little time we have here , which as it seems to me , might be better spent in a pious contemplative life , and a due provision for eternity : i do not know a better temporal imployment than martha had , in testifying her love and duty to our saviour , by making provision for him , yet our lord tells her , that though she was troubled about many things , there was only one thing necessary , and mary had chosen the better part . by this the reader will see that he continued in his station upon no other consideration , but that being set in it by the providence of god , he judged he could not abandon that post which was assigned him , without preferring his own private inclination to the choice god had made for him ; but now that same providence having by this great distemper disengaged him from the obligation of holding a place , which he was no longer able to discharge , he resolved to resign it : this was no sooner surmised abroad , than it drew upon him the importunities of all his friends , and the clamour of the whole town to divert him from it , but all was to no purpose ; there was but one argument that could move him , which was , that he was obliged to continue in the imployment god had put him in for the good of the publick ; but to this he had such an answer , that even those who were most concerned in his withdrawing , could not but see , that the reasons inducing him to it , were but too strong ; so he made applications to his majesty for his writ of ease , which the king was very unwilling to grant him , and offered to let him hold his place still , he doing what business he could in his chamber ; but he said , he could not with a good conscience continue in it , since he was no longer able to discharge the duty belonging to it . but yet such was the general satisfaction which all the kingdom received by his excellent administration of justice , that the king , though he could not well deny his request , yet he deferred the granting of it as long as was possible : nor could the lord chancellor be prevailed with to move the king to hasten his discharge , though the cheif iustice often pressed him to it . at last having wearied himself , and all his friends , with his importunate desires , and growing sensibly weaker in body , he did upon the 21 th . day of february , 28. car. 2. anno dom. 1675 / 6. go before a master of the chancery , with a little parchment deed , drawn by himself , and written all with his own hand , and there sealed and delivered it , and acknowledged it to be enrolled , and afterwards he brought the original deed to the lord chancellor , and did formally surrender his office in these words . omnibus christi fidelibus ad quos praesens scriptura pervenerit , matheus hale , miles capitalis iusticiarius domini regis ad placita-coram ipso rege tenenda assignatas salu●em in domino sempiternam , noveritis me praefatum matheum hale , militem jam senem factum & variis corporis mei senilis morbis & infirmitatibus dire laborantem & adhuc detentum . hâc chartâ mea resignare & sursum reddere serenissimo domino nostro carolo secundo dei gratià angliae scotiae franciae & hiberniae , regi , fidei defensori , &c. predictum officium capitalis iusticiarii ad plac●ta coram ipso rege tenenda , humillime petens quod hoc scriptum irrotaletur de recordo . in cujus rei testimonium huic chartae meae resignationis sigillum meum apposui , dat vicesimo primo die februarii anno regnidict . dom. regis nunc vicesimo octavo . he made this instrument as he told the l. chancellor for two end● , the one was to shew the world his own free concurrence to his removal : another was to obviate an objection heretofore made , that a cheif iustice being placed by writ , was not removable at pleasure , as iudges by patent were ; which opinion , as he said , was once held by his predecessor the lord cheif iustice keyling , and though he himself were always of another opinion , yet he thought it reasonable to prevent such a scruple . he had the day before surrendered to the king in person , who parted from him with great grace , wishing him most heartily the return of his health , and assuring him that he would still look upon him as one of his iudges , and have recourse to his advice when his health would permit , and in the mean time would continue his pension during his life . the good man thought this bounty too great , and an ill precedent for the king , and therefore writ a letter to the lord treasurer , earnestly desiring that his pension might be only during pleasure , but the king would grant it for life , and make it payable quarterly . and yet for a whole month together , he would not suffer his servant to sue out his patent for his pension , and when the first payment was received , he ordered a great part of it to charitable uses , and said , he intended most of it should be so employed as long as it was paid him . at last he happened to die upon the quarter day , which was christmas day , and though this might have given some occasion to a dispute whither the pension for that quarter were recoverable , yet the king was pleased to decide that matter against himself , and ordered the pension to be paid to his executors . as soon as he was discharged from his great place , he returned home with as much chearfulness , as his want of health could admit of , being now eased of a burthen he had been of late groaning under , and so made more capable of enjoying that which he had much wished for , according to his elegant translation of , or rather paraphrase upon , those excellent lines in seneca's thyestes . act. 2. stet quicunque volet potens , aulae culmine lubrico : me dulcis saturet quies . obscuro positus loco , leni perfruar otio : nullis nota quiritibus , aetas per tacitum fluat . sic cum transierint mei , nullo cum strepitu dies , plebeius moriar senex . illi mors gravis incubat , qui notus nimis omnibus , ignotus moritur sibi . let him that will ascend , the t●ttering seat of courtly grandeur , and become as great as are his mounting wishes : as for me , let sweet repose and rest my portion be ; give me some mean obscure recess , a sphere out of the road of business , or the fear of falling lower ; where i sweetly may my self and dear retirement still enjoy : let not my life or name be known unto the grandees of the time , to'st too and fro by censures or applause ; but let my age slide gently by , not overthwart the stage of publick action , unheard , unseen , and unconcern'd , as if i near had been . and thus , while i shall pass my silent days in shady privacy , free from the noise and bustles of the mad world , then shall i a good old innocent plebeian die. death is a mere surprise , a very snare to him , that makes it his lifes greatest care to be a publick pageant , known to all , but unacquainted with himself , doth fall ▪ having now attained to that privacy , which he had no less seriously than piously wished for , he called all his servants that had belonged to his office together , and told them , he had now laid down his place , and so their imployments were determined ; upon that , he advised them to see for themselves , and gave to some of them very considerable presents , and to every one of them a token , and so dismissed all those that were not his domesticks : he was discharged the fifteenth of february , 1675 / 6 ; and lived till the christmas following , but all the while was in so ill a state of health , that there was no hopes of his recovery : he continued still to retire often , both for his devotions and studies , and as long as he could go , went constantly to his closse● , and when his infirmities encreased on him , so that he was not able to go thither himself , he made his servants carry him thither in a chair . at last , as the winter came on , he saw with great joy his deliverance approaching , for besides his being weary of the world , and his longings for the blessedness of another state , his pains encreased so on him , that no patience inferiour to his could have born them without a great uneasiness of mind ; yet he expressed to the last such submission to the will of god , and so equal a temper under them , that it was visible then what mighty effects his philosophy and christianity had on him , in supporting him under such a heavy load . he could not lie down in bed above a year before his death , by reason of the asthma , but sat , rather than lay in it . he was attended on in his sickness , by a pious and worthy divine mr. evan griffith , minister of the parish ; and it was observed that in all the extremities of his pain , when ever he prayed by him , he forbore all complaints or groans , but with his hands and eyes lifted up , was fixed in his devotions : not long before his death , the minister told him , there was to be a sacrament next sunday at church , but he believed he could not come and partake with the rest ; therefore he would give it to him in his own house : but he answered , no ; his heavenly father had prepared a feast for him , and he would go to his fathers house to partake of it : so he made himself be carried thither in his chair , where he received the sacrament on his knees , with great devotion , which it may be supposed was the greater , because he apprehended it was to be his last , and so took it as his viaticum and provision for his journey . he had some secret unaccountable presages of his death , for he said , that if he did not die on such a day , ( which fell to be the 25 th . of november ) he believed he should live a month longer , and he died that very day month. he continued to enjoy the free use of his reason and sence to the last moment , which he had often and earnestly prayed for during his sickness : and when his voice was so sunk that he could not be heard , they perceived by the almost constant lifting up of his eyes and hands , that he was still aspiring towards that blessed state , of which he was now speedily to be possessed . he had for many years a particular devotion for christmas day , and after he had received the sacrament , and been in the performance of the publick worship of that day , he commonly wrote a copy of verses on the honour of his saviour , as a fit expression of the joy he felt in his soul , at the return of that glorious anniversary . there are seventeen of those copies printed , which he writ on seventeen several christmas days , by which the world has a taste of his poetical genius , in which , if he had thought it worth his time to have excelled , he might have been eminent as well as in other things ; but he writ them rather to entertain himself , than to merit the lawrel . i shall here add one which has not been yet printed , and it is not unlikely it was the last he writ ; it is a paraphrase on simeon's song ; i take it from his blotted copy not at all finished , so the reader is to make allowance for any imperfection he may find in it . blessed creator , who before the birth of time , or e're the pillars of the earth were fix't or form'd , did'st lay that great design of man's redemption , and did'st define in thine eternal councels all the scene of that stupendious business , and when it should appear , and though the very day of its epiphany , concealed lay within thy mind , yet thou wert pleas'd to show some glimpses of it , unto men below , in visions , types , and prophesies , as we things at a distance in perspective see : but thou wert pleas'd to let thy servant know that that blest hour , that seem'd to move so slow through former ages , should at last attain its time , e're my few sands , that yet remain are spent ; and that these aged eyes should see the day , when jacob's star should rise . and now thou hast fulfill'd it , blessed lord dismiss me now , according to thy word ; and let my aged body now return to rest , and dust , and drop into an urn ; for i have liv'd enough ▪ mine eyes have seen thy much desired salvation , that hath been so long , so dearly wish'd , the ioy ; the hope of all the ancient patriarchs , the scope of all the prophesies , and mysteries , of all the types unvail'd , the histories of jewish church unridl'd , and the bright and orient sun arisen to give light to gentiles , and the joy of israel , the worlds redeemer , blest emanuel . let this sight close mine eyes , 't is loss to see , after this vision , any sight but thee . thus he used to sing on the former christmas-days , but now he was to be admitted to bear his part in the new songs above ; so that day which he had spent in so much spiritual joy , proved to be indeed the day of his jubilee and deliverance , for between two and three in the afternoon , he breathed out his righteous and pious soul. his end was peace , he had no struglings , nor seem'd to be in any pangs in his last moments . he was buried on the 4 th . of ianuary , mr. griffith preaching the funeral sermon , his text was the 57 of isa. 1 verse . the righteous perisheth , and no man layeth it to heart ; and merciful men are taken away , none considering that the righteous is taken away from the evil to come . which how fitly it was applicable upon this occasion , all that consider the course of his life , will easily conclude . he was interred in the church-yard of alderly , among his ancestors ; he did not much approve of burying in churches , and used to say the churches were for the living , and the church-yards for the dead . his monument was like himself , decent and plain , the tomb-stone was black marble , and the sides were black and white marble , upon which he himself had ordered this bare and humble inscriptian to be made , hic inhumatur corpus matthei hale , militis ; roberti hale , et ioannae , uxoris ejus , filii unici . nati in hac parochia de alderly , primo die novembris , anno dom. 1609. denati vero ibidem vicesimo quinto die decembris , anno dom. 1676. aetatis suae , lxvii . having thus given an account of the most remarkable things of his life , i am now to present the reader with such a character of him , as the laying his several virtues together will amount to : in which i know how difficult a task i undertake , for to write defectively of him , were to injure him , and lessen the memory of one to whom i intend to do all the right that is in my power : on the other hand , there is so much here to be commended , and proposed for the imitation of others , that i am affraid some may imagin , i am rather making a picture of him , from an abstracted idea of great virtues , and perfections , than setting him out , as he truly was : but there is great encouragement in this , that i write concerning a man so fresh in all peoples remembrance , that is so lately dead , and was so much and so well known , that i shall have many vouchers , who will be ready to justifie me in all that i am to relate , and to add a great deal to what i can say . it has appeared in the account of his various learning , how great his capacities were , and how much they were improved by constant study : he rose always early in the morning , he loved to walk much abroad , not only for his health , but he thought it opened his mind , and enlarged his thoughts to have the creation of god before his eyes . when he set himself to any study , he used to cast his design in a scheme , which he did with a great exactness of method ; he took nothing on trust , but pursued his enquires as far as they could go , and as he was humble enough to confess his ignorance , and submit to mysteries which he could not comprehend , so he was not easily imposed on , by any shews of reason , or the bugbears of vulgar opinions : he brought all his knowledge as much to scientifical principles , as he possibly could , which made him neglect the study of tongues , for the bent of his mind lay another way . discoursing once of this to some , they said , they looked on the common law , as a study that could not be brought into a scheme , nor formed into a rational science , by reason of the indigestedness of it , and the multiplicity of the cases in it , which rendered it very heard to be understood , or reduced into a method ; but he said , he was not of their mind , and so quickly after , he drew with his own hand , a scheme of the whole order and parts of it , in a large sheet of paper , to the great satisfaction of those to whom he sent it . upon this hint , some pressed him to compile a body of the english law ; it could hardly ever be done by a man who knew it better , and would with more judgment and industry have put it into method ; but he said , as it was a great and noble design , which would be of vast advantage to the nation ; so it was too much for a private man to undertake : it was not to be entred upon , but by the command of a prince , and with the communicated endeavours of some of the most eminent of the profession . he had great vivacity in his fancy , as may appear by his inclination to poetry , and the lively illustrations , and many tender strains in his contemplations ; but he look't on eloquence and wit , as things to be used very chastly , in serious matters , which should come under a severer inquiry : therefore he was both , when at the bar , and on the bench , a great enemy to all eloquence or rhetorick in pleading : he said , if the iudge or iury had a right understanding , it signified nothing , but a waste of time , and loss of words ; and if they were weak , and easily wrought on , it was a more decent way of corrupting them , by bribing their fancies , and biassing their affections ; and wondered much at that affectation of the french lawyers in imitating the roman orators in their pleadings . for the oratory of the romans , was occasioned by their popular government , and the factions of the city , so that those who intended to excell in the pleading of causes , were trained up in the schools of the rhetors , till they became ready and expert in that luscious way of discourse . it is true , the composures of such a man as tully was , who mixed an extraordinary quickness , an exact judgement , and a just decorum with his skill in rhetorick , do still entertain the readers of them with great pleasure : but at the same time , it must be acknowledged , that there is not that chastity of style , that closeness of reasoning , nor that justness of figures in his orations , that is in his other writings ; so that a great deal was said by him , rather because he knew it would be acceptable to his auditors , than that it was approved of by himself ; and all who read them , will acknowledg , they are better pleased with them as essays of wit and style , than as pleadings , by which such a iudge as ours was , would not be much wrought on . and if there are such grounds to censure the performances of the greatest master in eloquence , we may easily infer what nauseous discourses the other orators made , since in oratory as well as in poetry , none can do indifferently . so our iudge wondred to find the french , that live under a monarchy , so fond of imitating that which was an ill effect of the popular government of rome : he therefore pleaded himself always in few words , and home to the point : and when he was a iudge , he held those that pleaded before him , to be the main hinge of the business , and cut them short when they made excursions about circumstances of no moment , by which he saved much time , and made the cheif difficulties be well stated and cleared . there was another custom among the romans , which he as much admired , as he despised their rhethorick , which was , that the iuris-consults were the men of the highest quality , who were bred to be capable of the cheif imployment in the state , and became the great masters of their law : these gave their opinions of all cases that were put to them freely , judging it below them to take any present for it ; and indeed they were only the true lawyers among them , whose resolutions were of that authority , that they made one classis of those materials out of which trebonian compiled the digests under iustinian ; for the orators or causidici that pleaded causes , knew little of the law , and only imployed their mercenary tongues , to work on the affections of the people and senate or the pretors : even in most of tullies orations there is little of law , and that little which they might sprinkle in their declamations , they had not from their own knowledg , but the resolution of some iuris-consult : according to that famous story of servius sulpitius , who was a celebrated orator , and being to receive the resolution of one of those that were learned in the law , was so ignorant , that he could not understand it ; upon which the iuris-consult reproached him , and said , it was a shame for him that was a nobleman , a senator , and a pleader of causes , to be thus ignorant of law : this touched him so sensibly , that he set about the study of it , and became one of the most eminent iuris-consults that ever were at rome . our iudge thought it might become the greatness of a prince , to encourage such a sort of men , and of studies ; in which , none in the age he lived in was equal to the great selden , who was truly in our english law , what the old roman iuris-consults were in theirs . but where a decent eloquence was allowable , iudge hale knew how to have excelled as much as any , either in illustrating his reasonings , by proper and well pursued similies , or by such tender expressions , as might work most on the affections , so that the present lord chancellor , has often said of him since his death , that he was the greatest orator he had known ; for though his words came not fluently from him , yet when they were out , they were the most significant , and expressive , that the matter could bear : of this sort there are many in his contemplations made to quicken his own devotion , which have a life in them becoming him that used them , and a softness fit to melt even the harshest tempers , accommodated to the gravity of the subject , and apt to excite warm thoughts in the readers , that as they shew his excellent temper that brought them out , and applied them to himself , so they are of great use to all , who would both inform and quicken their minds . of his illustrations of things by proper similies , i shall give a large instance out of his book of the origination of mankind , designed to expose the several different hypotheses the philosophers fell on , concerning the eternity and original of the universe , and to prefer the account given by moses , to all their conjectures ; in which , if my taste does not misguide me , the reader will find a rare and very agreeable mixture , both of fine wit , and solid learning and judgment . [ that which may illustrate my meaning , in this preference of the revealed light of the holy scriptures , touching this matter , above the essays of a philosophical imagination , may be this . suppose that greece being unacquainted with the curiosity of mechanical engins , though known in some remote region ofthe of the world , and that an excellent artist had secretly brought and deposited in some field or forest , some excellent watch or clock , which had been so formed , that the original of its motion were hidden , and involved in some close contrived piece of mechanism , that this watch was so framed , that the motion thereof might have lasted a year , or some such time as might give a reasonable period for their philosophical descanting concerning it , and that in the plain table there had been not only the discription and indication of hours , but the configurations and indications of the various phases of the moon , the motion and place of the sun in the ecliptick , and divers other curious indications of celestial motions , and that the scholars of the several schools , of epicurus , of aristotle , of plato , and the rest of those philosophical sects , had casually in their walk , found this admirable automaton ; what kind of work would there have been made by every sect , in giving an account of this phenomenon ? we should have had the epicurean sect , have told the by-standers according to their preconceived hypothesis , that this was nothing else but an accidental concretion of atoms , that happily fallen together had made up the index , the wheels , and the ballance , and that being happily fallen into this posture , they were put into motion . then the cartesian falls in with him , as to the main of their supposition , but tells him , that he doth not sufficiently explicate how the engin is put into motion , and therefore to furnish this motion , there is a certain materia subtilis that pervades this engin , and the moveable parts , consisting of certain globular atoms apt for motion , they are thereby , and by the mobility of the globular atoms put into motion . a third finding fault with the two former , because those motions are so regular , and do express the various phenomena of the distribution of time , and of the heavenly motions ; therefore it seems to him , that this engin and motion also , so analogical to the motions of the heavens , was wrought by some admirable conjunction of the heavenly bodies , which formed this instrument and its motions , in such an admirable correspondency to its own existence . a fourth , disliking the suppositions of the three former , tells the rest , that he hath a more plain and evident solution of the phenomenon , namely , the universal soul of the world , or spirit of nature , that formed so many sorts of insects with so many organs , faculties , and such congruity of their whole composition , and such curious and various motions as we may observe in them , hath formed and set into motion this admirable automaton , and regulated and ordered it , with all these congruities we see in it . then steps in an aristotelian , and being dissatisfied with all the former solutions , tells them , gentlemen , you are all mistaken , your solutions are inexplicable and unsatisfactory , you have taken up certain precarious hypotheses , and being prepossesed with these creatures of your own fancies , and in love with them , right or wrong , you form all your conceptions of things according to those fancied and preconceived imaginations . the short of the business is , this machina is eternal , and so are all the motions of it , and in as much as a circular motion hath no beginning or end , this motion that you see both in the wheels and index , and the successive indications of the celestial motions , is eternal , and without beginning . and this is a ready and expedite way of solving the phenomena , without so much ado as you have made about it . he took that extraordinary care to keep what he did secret , that this part of his character must be defective , except it be acknowledged that his humility in covering it , commends him much more than the highest expressions of devotion could have done . from the first time that the impressions of religion setled deeply in his mind , he used great caution to conceal it : not only in obedience to the rules given by our saviour , of fasting , praying , and giving alms in secret ; but from a particular distrust he had of himself , for he said he was affraid , he should at some time or other , do some enormous thing , which if he were look't on as a very religious man , might cast a reproach on the profession of it , and give great advantages to impious men , to blaspheme the name of god : but a tree is known by its fruits , and he lived not only free of blemishes , or scandall , but shined in all the parts of his conversation : and perhaps the distrust he was in of himself , contributed not a little to the purity of his life , for he being thereby obliged to be more watchful over himself , and to depend more on the aids of the spirit of god , no wonder if that humble temper produced those excellent effects in him . he had a soul enlarged and raised above that mean appetite of loving money , which is generally the root of all evil. he did not take the profits that he might have had by his practice : for in common cases , when those who came to ask his council gave him a piece , he used to give back the half , and so made ten shillings his fee , in ordinary matters that did not require much time or study : if he saw a cause was unjust , he for a great while would not meddle further in it , but to give his advice that it was so ; if the parties after that , would go on , they were to seek another councellor , for he would assist none in acts of injustice : if he found the cause doubtful or weak in point of law , he always advised his clients to agree their business : yet afterwards he abated much of the scrupulosity he had about causes that appeared at first view injust , upon this occasion : there were two causes brought to him , which by the ignorance of the party or their attorny , were so ill represented to him , that they seem'd to be very bad , but he enquiring more narrowly into them , found they were really very good and just ; so after this he slackned much of his former strictness , of refusing to meddle in causes upon the ill circumstances that appear'd in them at first . in his pleading he abhorred those too common faults of misreciting evidences , quoting presidents , or books falsly , or asserting things confidently ; by which ignorant juries , or weak judges , are too often wrought on . he pleaded with the same sincerity that he used in the other parts of his life , and used to say it was as great a dishonour as a man was capable of , that for a little money he was to be hired to say or do otherwise than as he thought : all this he ascribed to the unmeasurable desire of heaping up wealth , which corrupted the souls of some that seem'd to be otherwise born and made for great things . when he was a practitioner , differences were often referr'd to him , which he setled , but would accept of no reward for his pains , though offered by both parties together , after the agreement was made ; for he said in those cases he was made a iudge , and a iudge ought to take no money . if they told him , he lost much of his time in considering their business , and so ought to be acknowledged for it ; his answer was , ( as one that heard it told me , ) can i spend my time better , than to make people friends , must i have no time allowed me to do good in . he was naturally a quick man , yet by much practise on himself , he subdued that to such a degree , that he would never run suddenly into any conclusion concerning any matter of importance . festina lente was his beloved motto , which he ordered to be ingraven on the head of his staff , and was often heard say , that he had observed many witty men run into great errours , because they did not give themselves time to think , but the heat of imagination making some notions appear in good coolours to them , they without staying till that cooled , were violently led by the impulses it made on them , whereas calm and slow men , who pass for dull in the common estimation , could search after truth and find it out , as with more deliberation , so with greater certainty . he laid aside the tenth penny of all he got for the poor , and took great care to be well informed of proper objects for his charities ; and after he was a judge , many of the perquisites of his place , as his dividend of the rule and box-money , was sent by him to the jayls to discharge poor prisoners , who never knew from whose hands their releif came . it is also a custom for the marshall of the kings-bench , to present the judges of that court with a piece of plate for a new-years-gift , that for the cheif justice being larger than the rest : this he intended to have refused , but the other judges told him it belonged to his office , and the refusing it would be a prejudice to his successors , so he was perswaded to take it , but he sent word to the marshall , that instead of plate , he should bring him the value of it in money , and when he received it , he immediately sent it to the prisons , for the releif and discharge of the poor there . he usually invited his poor neighbours to dine with him , and made them sit at table with himself : and if any of them were sick , so that they could not come , he would send meat warm to them from his table : and he did not only releive the poor in his own parish , but sent supplies to the neighbouring parishes , as there was occasion for it : and he treated them all with the tenderness and familiarity that became one , who considered they were of the same nature with himself , and were reduced to no other necessities but such as he himself might be brought to : but for common beggars , if any of these came to him , as he was in his walks , when he lived in the country , he would ask such as were capable of working , why they went about so idly ; if they answered , it was because they could find no work , he often sent them to some field , to gather all the stones in it , and lay them on a heap , and then would pay them liberally for their pains : this being done , he used to send his carts , and caused them to be carried to such places of the high-way as needed mending . but when he was in town , he dealt his charities very liberally , even among the street-beggars , and when some told him , that he thereby incouraged idleness , and that most of these were notorious cheats , he used to answer , that he beleived most of them were such , but among them there were some that were great objects of charity , and prest with greivous necessities : and that he had rather give his alms to twenty who might be perhaps rogues , than that one of the other sort , should perish for want of that small releif which he gave them . he loved building much , which he affected cheifly because it imployed many poor people ; but one thing was observed in all his buildings , that the changes he made in his houses , was always from magnificence to usefulness , for he avoided every thing that looked like pomp or vanity , even in the walls of his houses ; he had good judgement in architecture , and an excellent faculty in contriving well . he was a gentle landlord to all his tenants , and was ever ready upon any reasonable complaints , to make abatements , for he was merciful as well as righteous . one instance of this was , of a widow that lived in london , and had a small estate near his house in the country ; from which her rents were ill returned to her , and at a cost which she could not well bear : so she bemoaned her self to him , and he according to his readiness to assist all poor people , told her , he would order his steward to take up her rents , and the returning them should cost her nothing . but after that , when there was a falling of rents in that country , so that it was necessary to make abatements to the tenant ; yet he would have it to lie on himself , and made the widow be paid her rent as formerly . another remarkable instance of his iustice and goodness was , that when he found ill money had been put into his hands , he would never suffer it to be vented again ; for he thought it was no excuse for him to put false money in other peoples hands , because some had put it in his : a great heap of this he had gathered together , for many had so far abused his goodness , as to mix base money among the fees that were given him : it is like he intended to have destroyed it , but some thieves who had observed it , broke into his chamber and stole it , thinking they had got a prize ; which he used to tell with some pleasure , imagining how they found themselves deceived , when they perceived what sort of booty they had fall'n on . after he was made a iudge , he would needs pay more for every purchase he made than it was worth ; if it had been but a horse he was to buy , he would have out-bid the price : and when some represented to him , that he made ill bargains , he said ; it became iudges to pay more for what they bought , than the true value ; that so those with whom they dealt , might not think they had any right to their favour , by having sold such things to them at an easie rate : and said it was sutable to the reputation , which a iudge ought to preserve , to make such bargains , that the world might see they were not too well used upon some secret account . in sum , his estate did shew how little he had minded the raising a great fortue , for from a hundred pound a year , he raised it not quite to nine hundred , and of this a very confiderable part came in by his share of mr. selden's estate ; yet this , considering his great practice while a counsellour , and his constant , frugal , and modest way of living , was but small a fortune : in the share that fell to him by mr. selden's will , one memorable thing was done by him , with the other executors , by which they both shewed their regard to their dead friend , and their love of the publick ; his library was valued at some thousands of pounds , and was believed to be one of the curiousest collections in europe : so they resolved to keep this intire , for the honour of selden's memory , and gave it to the university of oxford , where a noble room was added to the former library for its reception , and all due respects have been since shewed by that great and learned body , to those their worthy benefactors , who not only parted so generously with this great treasure , but were a little put to it how to oblige them , without crossing the will of their dead friend . mr. selden had once intended to give his library to that university , and had left it so by his will ; but having occasion for a manuscript , which belonged to their library , they asked of him a bond of a thousand pound for its restitution ; this he took so ill at their hands , that he struck out that part of his will by which he had given them his library , and with some passion declared they should never have it : the executors stuck at this a little , but having considered better of it , came to this resolution ; that they were to be the executors of mr. selden's will , and not of his passion ; so they made good what he had intended in cold blood , and past over what his passion had suggested to him . the parting with so many excellent books , would have been as uneasie to our iudge , as any thing of that nature could be , if a pious regard to his friends memory had not prevailed over him ; for he valued books and manuscripts above all things in the world : he himself had made a great and rare collection of manuscripts belonging to the law of england ; he was forty years in gathering it : he himself said it cost him about fifteen hundred pounds , and calls it in his will , a treasure worth having and keeping , and not fit for every mans view ; these all he left to lincoln's inn , and for the information of those who are curious to search into such things ; there shall be a catalogue of them added at the end of this book . by all these instances it does appear , how much he was raised above the world , or the love of it . but having thus mastered things without him , his next study was to overcome his own inclinations : he was as he said himself naturally passionate ; i add , as he said himself , for that appeared by no other evidence , save that sometimes his colour would rise a little ; but he so governed himself , that those who lived long about him , have told me they never saw him disordered with anger , though he met with some tryals , that the nature of man is as little able to bear , as any whatsoever . there was one who did him a great injury , which it is not ncecssary to mention , who coming afterwards to him for his advice in the settlement of his estate , he gave it very frankly to him , but would accept of no fee for it , and thereby shewed both that he could forgive as a christian , and that he had the soul of a gentleman in him , not to take money of one that had wronged him so heinously . and when he was asked by one , how he could use a man so kindly , that had wronged him so much , his answer was , he thanked god he had learned to forget injuries . and besides the great temper he expressed in all his publick imployments , in his family he was a very gentle master : he was tender of all his servants , he never turned any away , except they were so faulty , that there was no hope of reclaiming them : when any of them had been long out of the way , or had neglected any part of their duty ; he would not see them at their first coming home , and sometimes not till the next day , least when his displeasure was quick upon him , he might have chid them indecently ; and when he did reprove them , he did it with that sweetness and gravity , that it appeared he was more concerned for their having done a fault , than for the offence given by it to himself : but if they became immoral or unruly , then he turned them away , for he said , he that by his place ought to punish disorders in other people , must by no means suffer them in his own house : he advanced his servants according to the time they had been about him , and would never give occasion to envy among them , by raising the younger clerks above those who had been longer with him . he treated them all with great affection , rather as a friend , than a master , giving them often good advice and instruction . he made those who had good places under him , give some of their profits to the other servants who had nothing but their wages : when he made his will , he left legacies to every one of them ▪ but he expressed a more particular kindness for one of them robert gibbon , of the middle temple , esq in whom he had that confidence , that he left him one of his executors . i the rather mention him , because of his noble gratitude to his worthy benefactor and master , for he has been so careful to preserve his memory , that as he set those on me , at whose desire i undertook to write his life ; so he has procured for me a great part of those memorials , and informations , out of which i have composed it . the iudge was of a most tender and compassionate nature ; this did eminently appear in his trying and giving sentence upon criminals , in which he was strictly careful , that not a circumstance should be neglected , which might any way clear the fact : he behaved himself with that regard to the prisoners , which became both the gravity of a iudge , and the pity that was due to men , whose lives lay at stake , so that nothing of jearing or unreasonable severity ever fell from him . he also examined the witnesses in the softest manner , taking care that they should be put under no confusion , which might disorder their memory : and he summed all the evidence so equally when he charged the jury , that the criminals themselves never complained of him . when it came to him to give sentence , he did it with that composedness and decency , and his speeches to the prisoners , directing them to prepare for death , were so weighty , so free of all affectation , and so serious and devout , that many loved to go to the tryals , when he sate iudg , to be edified by his speeches , and behaviour in them , and used to say , they heard very few such sermons . but though the pronouncing the sentence of death , was the peece of his imployment , that went most against the grain with him ; yet in that , he could never be molified to any tenderness which hindred justice . when he was once pressed to recommend some ( whom he had condemned ) to his majesties mercy and pardon ; he answered he could not think they deserved a pardon , whom he himself had adjudged to die : so that all he would do in that kind , was to give the king a true account of the circumstances of the fact , after which , his majesty was to consider whether he would interpose his mercy , or let justice take place . his mercifulness extended even to his beasts , for when the horses that he had kept long , grew old , he would not suffer them to be sold , or much wrought , but ordered his men to turn them loose on his grounds , and put them only to easie work , such as going to market and the like ; he used old dogs also with the same care : his shepherd having one that was become blind with age , he intended to have killed or lost him , but the iudge coming to hear of it , made one of his servants bring him home and fed him till he died : and he was scarce ever seen more angry than with one of his servants for neglecting a bird , that he kept , so that it died for want of food . he was a great incourager of all young persons , that he saw followed their books diligently , to whom he used to give directions concerning the method of their study , with a humanity and sweetness , that wrought much on all that came near him : and in a smiling pleasant way , he would admonish them , if he saw any thing amiss in them : particularly if they went too fine in their clothes , he would tell them , it did not become their profession : he was not pleased to see students wear long perriwigs , or attorneys go with swords ; so that such young men as would not be perswaded to part with those vanities , when they went to him laid them aside , and went as plain as they could , to avoid the reproof which they knew they might otherwise expect . he was very free and communicative in his discourse , which he most commonly fixed on some good and useful subject , and loved for an hour or two at night , to be visited by some of his friends . he neither said nor did any thing with affectation , but used a simplicity , that was both natural to himself , and very easie to others : and though he never studied the modes of civility or court breeding , yet he knew not what it was to be rude or harsh with any , except he were impertinently addressed to in matters of justice , then he would raise his voice a little , and so shake off those importunities . in his furniture , and the service of his table , and way of living ; he liked the old plainness so well , that as he would set up none of the new fashions , so he rather affected a courseness in the use of the old ones : which was more the effect of his philosophy than disposition , for he loved fine things too much at first : he was always of an equal temper , rather chearful than merry . many wondered to see the evenness of his deportment , in some very sad passages of his life . having lost one of his sons , the manner of whose death had some grievous circumstances in it ; one coming to see him and condole , he said to him , those were the effects of living long , such must look to see many sad and unacceptable things ; and having said that , he went to other discourses , with his ordinary freedom of mind ; for though he had a temper so tender , that sad things were apt enough to make deep impressions upon him , yet the regard he had to the wisdome and providence of god , and the just estimate he made of all eternal things , did to admiration maintain the tranquility of his mind , and he gave no occasion by idleness to melancholly to corrupt his spirit , but by the perpetual bent of his thoughts , he knew well how to divert them from being oppressed with the excesses of sorrow . he had a generous and noble idea of god in his mind , and this he found did above all other considerations preserve his quiet . and indeed that was so well established in him , that no accidents , how sudden soever , were observed to discompose him : of which an eminent man of that profession , gave me this instance : in the year 1666 , an opinion did run through the nation , that the end of the world would come that year . this , whether set on by astrologers , or advanced by those who thought it might have some relation to the number of the beast in the revelation , or promoted by men of ill designs , to disturb the publick peace , had spread mightily among the people ; and iudge hale going that year the western circuit , it happened , that as he was on the bench at the assises , a most terrible storm fell out very unexpectedly , accompanied with such flashes of lightning , and claps of thunder , that the like will hardly fall out in an age ; upon which a whisper or a rumour run through the crowd , that now was the world to end , and the day of iudgment to begin , and at this there followed a general consternation in the whole assembly , and all men forgot the business they were met about , and betook themselves to their prayers : this added to the horror raised by the storm looked very dismally ; in so much that my author , a man of no ordinary resolution , and firmenss of mind , confessed it made a great impression on himself . but he told me , that he did observe the iudge was not a whit affected , and was going on with the business of the court in his ordinary manner ; from which he made this conclusion , that his thoughts were so well fixed , that he believed if the world had been really to end , it would have given him no considerable disturbance . but i shall now conclude all that i shall say concerning him , with what one of the greatest men of the profession of the law , sent me as an abstract of the character he had made of him , upon long observation , and much converse with him : it was sent me , that from thence with the other materials , i might make such a representation of him to the world , as he indeed deserved , but i resolved not to shred it out in parcels , but to set it down entirely as it was sent me , hoping that as the reader will be much delighted with it , so the noble person that sent it , will not be offended with me for keeping it entire , and setting it in the best light i could ; it begins abruptly , being designed to supply the defects of others , from whom i had dearlier and more copious informations . he would never be brought to discourse of publick matters in private conversation , but in questions of law , when any young lawyer put a case to him he was very communicative , especially while he was at the bar : but when he came to the bench , he grew more reserv'd , and would never suffer his opinion in any case to be known , till he was obliged to declare it iudicially ; and he concealed his opinion in great cases so carefully , that the rest of the iudges in the same court could never perceive it : his reason was , because every judge ought to give sentence according to his own perswasion and conscience , and not to be sway'd by any respect or deference to another mans opinion : and by this means it hath happened some times , that when all the barons of the exchequer had delivered their opinions , and agreed in their reasons and arguments ; yet he coming to speak last , and differing in iudgment from them , hath exprest himself with so much weight and solidity , that the barons have immediately retracted their votes and concurr'd-with him . he hath sat as a iudge in all the courts of law , and in two of them as cheif , but still where-ever he sat , all business of consequence followed him , and no man was content to sit down by the iudgment of any other court , till the case were brought before him , to see whether he were of the same mind ; and his opinion being once known , men did readily acquiesce in it ; and it was very rarely seen , that any man attempted to bring it about again , and he that did so , did it upon great disadvantages , and was always lookt upon as a very contentious person ; so that what cicero says of brutus , did very often happen to him , etiam quos contra statuit aequos placatosque dimisit . nor did men reverence his iudgment and opinion in courts of law only : but his authority was as great in courts of equity , and the same respect and submission was paid to him there too ; and this appeared not only in his own court of equity in the exchequer chamber , but in the chancery too , for thither he was often called to advise and assist the lord chancellor , or lord keeper for the time being ; and if the cause were of difficult examination , or intricated and entangled with variety of settlements , no man ever shewed a more clear and discerning iudgment : if it were of great value , and great persons interested in it , no man ever shewed greater courage and integrity in laying aside all respect of persons : when he came to deliver his opinion , he always put his discourse into such a method , that one part of it gave light to the other , and where the proceedings of chancery might prove inconvenient to the subject , he never spared to observe and reprove them : and from his observations and discourses , the chancery hath taken occasion to establish many of those rules by which it governs it self at this day . he did look upon equity as a part of the common-law , and one of the grounds of it ; and therefore as near as he could , he did always reduce it to certain rules and principles , that men might study it as a science , and not think the administration of it had any thing arbitrary in it . thus eminent was this man in every station , and into what court soever he was call'd , he quickly made it appear , that he deserved the cheif seat there . as great a lawyer as he was , he would never suffer the strictness of law to prevail against conscience , as great a chancellor as he was , he would make use of all the niceties and subtilties in law , when it tended to support right and equity . but nothing was more admirable in him , than his patience : he did not affect the reputation of quickness and dispatch , by a hasty and captious hearing of the councell : he would bear with the meanest , and gave every man his full scope , thinking it much better to lose time than patience : in summing up of an evidence to a iury , he would always require the barre to interrupt him if he did mistake , and to put him in mind of it , if he did forget the least circumstance ; some iudges have been disturbed at this as a rudeness , which he always looked upon as a service and respect done to him . his whole life was nothing else but a continual course of labour and industry , and when he could borrow any time from the publick service , it was wholly employed either in philosophical or divine meditations , and even that was a publick service too as it hath proved ; for they have occasioned his writing of such treatises , as are become the choicest entertainment of wise and good men , and the world hath reason to wish that more of them were printed : he that considers the active part of his life , and with what unwearied diligence and application of mind , he dispatched all mens business which came under his care , will wonder how he could find any time for contemplation : he that considers again the various studies he past through , and the many collections and observations he hath made , may as justly wonder how he could find any time for action : but no man can wonder at the exemplary piety and innocence of such a life so spent as this was , wherein as he was careful to avoid every idle word , so 't is manifest he never spent an idle day . they who come far short of this great man , will be apt enough to think that this is a panegyrick , which indeed is a history , and but a little part of that history which was 〈◊〉 great truth to be related of hi● ▪ men who despair of attaining such perfection , are not willing to believe that any man else did ever arrive at such a height . he was the greatest lawyer of the age , and might have had what practice he pleased , but though he did most conscientiously affect the labours of his profession , yet at the same time , he despised the gain of it , and of those profits which he would allow himself to receive , he always set apart a tenth penny for the poor , which he ever dispensed with that secrecy , that they who were relieved , seldom or never knew their benefactor : he took more pains to avoid the honours and preferments of the gown , than others do to compass them . his modesty was beyond all example , for where some men who never attained to half his knowledge , have been pufft up with a high conceit of themselves , and have affected all occasions of raising their own esteem by depreciating other men ; he on the contrary was the most obliging man that ever practised : if a young gentleman happened to be retain'd to argue a point in law , where he was on the contrary side , he would very often mend the objections when he came to repeat them , and always commend the gentleman if there were room for it , and one good word of his was of more advantage to a young man , than all the favour of the court could be . having thus far pursued his history and character , in the publick and exemplary parts of his life , without interrupting the thread of the relation , with what was private and domestick , i shall conclude with a short account of these . he was twice married , his first wife was anne daughter of sir henry moore , of faly in berkshire , grandchild to sir francis moore , serjeant at law ; by her he had ten children , the four first died young , the other six lived to be all married ; and he out lived them all , except his eldest daughter , and his youngest son , who are yet alive . his eldest son robert married frances the daughter of sir francis chock , of avington in berkshire , and they both dying in a little time one after another left five children , two sons matthew and gabriel , and three daughters , anne , mary , and frances , and by the iudges advice , they both made him their executor , so he took his grandchildren into his own care , and among them he left his estate . his second son matthew , married anne the daughter of mr. matthew simmonds , of hilsley , in glocestershire , who dyed soon after , and left one son behind him named matthew . his third son thomas , married rebekah the daughter of christian le brune , a dutch merchant , and died without issue . his fourth son edward , married mary , the daughter of edmund goodyere , esq of heythorp , in oxfordshire , and still lives , he has two sons , and three daughters . his eldest daughter mary , was married to edward alderly , son of edward alderly , of innishannon , in the county of cork in ireland , who dying , left her with two sons , and three daughters ; she is since married to edward stephens , son to edward stephens , esq of cherington in glocestershire . his youngest daughter elizabeth , was married to edward webb , esq barrister at law , she died , leaving two children , a son and a daughter . his second wife was anne , the daughter of mr. ioseph bishop , of ealy in berkshire , by whom he had no children ; he gives her a great character in his will , as a most dutiful , faithful , and loving wife , and therefore trusted the breeding of his grand-children to her care , and left her one of his executors , to whom he joyned sir robert ienkinson , and mr. gibbon . so much may suffice of those descended from him . in after times , it is not to be doubted , but it will be reckoned no small honour to derive from him ; and this has made me more particular in reckoning up his issue , i shall next give an account of the issues of his mind , his books , that are either printed , or remain in manuscript ; for the last of these by his will , he has forbid the printing of any of them after his death , except such as he should give order for in his life : but he seems to have changed his mind afterwards , and to have left it to the descretion of his executors , which of them might be printed ; for though he does not express that , yet he ordered by a codicill , that if any book of his writing , as well touching the common law , as other subjects ; should be printed ; then what should be given for the consideration of the copy , should be divided into ten shares , of which he appointed seven to go among his servants , and three to those who had copied them out , and were to look after the impression . the reason , as i have understood it , that made him so unwilling to have any of his works printed after his death , was ; that he apprehended in the licensing them , ( which was necessary before any book could be lawfully printed , by a law then in force , but since his death determined ) some things might have been struck out or altered ; which he had observed not without some indignation , had been done to a part of the reports , of one whom he had much esteemed . this in matters of law , he said , might prove to be of such mischievous consequence , that he thereupon resolved none of his writings , should be at the mercy of licensers ; and therefore because he was not sure , that they should be published without expurgations or interpolations , he forbid the printing any of them ; in which he afterwards made some alteration , at least he gave occasion by his codicill , to infer that he altered his mind . this i have the more fully explained , that his last will may be no way misunderstood , and that his worthy executors , and his hopeful grand-children , may not conclude themselves to be under an indispensible obligation , of depriving the publick of his excellent writings . a catalogue of all his books that are printed , and are to be sold by william shrowsbury at the sign of the bible in duke-lane . 1. the primitive origination of mankind , considered and examined according to the light of nature . fol. 2. contemplations moral and divine , part 1. octavo . 3. contemplations moral and divine , part 2. octavo . 4. difficiles nugae , or observations touching the torricellian experiment , and the various solutions of the same , especially touching the weight and elasticity of the air. octavo . 5. an essay touching the gravitation , or non-gravitation of fluid bodies , and the reasons thereof . octavo . 6. observations touching the principles of natural motions , and especially touching rarefaction , and condensation ; together with a reply to certain remarks , touching the gravitation of fluids . octavo . 7. the life and death of pomponius atticus , written by his contemporary and acquaintance cornelius nepos , translated out of his fragments ; together with observations , political and moral thereupon . octavo . 8. pleas of the crown , or a methodical summary of the principal matters relating to that subject . octavo . manuscripts of his not yet published . 1. concerning the secondary origination of mankind . fol. 2. concerning religion , 5 vol. in fol. viz. 1. de deo , vox metaphysica , pars . 1. & 2. 2. pars 3. vox naturae , providentiae , ethicae , conscientiae . 3. liber sextus , septimus , octavus . 4. pars 9. concerning the h. scriptures , their evidence and authority . 5. concerning the truth of the h. scripture , and the evidences thereof . 3. of policy in matters of religion . fol. 4. de anima , to mr. b. fol. 5. de anima , transactions between him and mr. b. fol. 6. tentamina , de ortu , natura & immortalitate animae . fol. 7. magnetismus magneticus , fol. 8. magnetismus physicus , fol. 9. magnetismus divinus . 10. de generatione animalium & vegetabilium , fol. lat. 11. of the law of nature , fol. 12. a letter of advice to his grand-children . quarto . 13. placita coronae , 7 vol. fol. 14. preparatory notes concerning the right of the crown , fol ▪ 15. incepta de iuribus coronae , fol. 16. de prerogativa regis , fol. 17. preparatory notes touching parliamentary proceedings , 2 vol. quarto . 18. of the iurisdiction of the house of lords , quarto . 19. of the iurisdiction of the admiralty . 20. touching ports and customs , fol. 21. of the right of the sea and the armes thereof , and customs , fol. 22. concerning the advancement of trade , quarto . 23. of sheriffs accounts , fol. 24. copies of evidences , fol. 25. mr. seldens discourses , octa. 16. excerpta ex schedis seldenianis . 27. iournal of the 18 and 21 iacobi regis , quarto . 28. great common place book of reports or cases in the law , in law french , fol. in bundles . on quod tibi fieri , &c. matth. 7.12 . touching punishments , in relation to the socinian controversy . policies of the church of rome . concerning the laws of england . of the amendment of the laws of england . touching provision for the poor . upon mr. hobbs his manuscript . concerning the time of the abolition of the iewish laws . in quarto . quod sit deus . of the state and condition of the soul and body after death . notes concerning matters of law. to these i shall add the catalogue of the manuscripts , which he left to the honourable society of lincolns-inn , with that part of his will that concerns them . item , as a testimony of my honour and respect to the society of lincolns-inn , where i had the greatest part of my education ; i give and bequeath to that honorable society the several manuscript books , contained in a schedule annexed to my will : they are a treasure worth having and keeping , which i have been near forty years in gathering , with very great industry and expence : my desire is , that they bekept safe , and all together , in remembrance of me ; they were fit to be bound in leather and chained , and kept in archives : i desire they may not be lent out , or disposed of : only if i happen hereafter , to have any of my posterity of that society , that desires to transcribe any book , and give very good caution to restore it again in a prefixed time , such as the benchers of that society in councill shall approve of ; then , and not otherwise , only one book at one time may be lent out to them by the society ; so that there be no more but one book of those books abroad out of the library at one time . they are a treasure that are not fit for every mans view ; nor is every man capable of making use of them : only i would have nothing of these books printed , but intirely preserved together , for the use of the industrious learned members of that society . a catalogue of the books given by him to lincolns-inn , according to the schedule annexed to his will. placita de tempore regis iohannis , 1 vol. stitcht . placita coram rege e. 1. two vol. placita coram rege e. 2 , one vol. placita coram rege e. 3 , three vol. placita coram rege r. 2 , one vol. placita coram rege h. 4. h. 5. one vol. placita de banco , e. 1. ab anno 1 , ad annum 21. one vol. transcripts of many pleas , coram rege & de banco e. 1. one vol. the pleas in the exchequer , stiled communia , from 1 e. 3. to 46 e. 3 , five vol. close rolls of king iohn , verbatim , of the most material things , one vol. the principal matters in the close and patent rolls , of h. 3. transcribed verbatim , from 9 h. 3. to 56 h. 3. five vol. velome marked k. l. the principal matters in the close and patent rolls , e. 1. with several copies and abstracts of records , one vol. marked f. a long book of abstracts of records , by me . close and patent rolls , from 1 to 10 e. 3 , and other records of the time of h. 3 , one vol. marked w. close rolls of 15 e. 3. with other records , one vol , marked n. close rolls from 17 to 38 e. 3. two vol. close and patent rolls from 40 e. 3. to 50 e. 3. one vol. marked b. close rolls of e. 2. with other records , one vol. r. close and patent rolls , and charter rolls in the time of king iohn for the clergy , one vol. a great volum of records of several natures , g. the leagues of the kings of england , tempore e. 1. e. 2. e. 3. one vol. a book of ancient leagues and military provisions , one vol. the reports of iters , of derby , nottingham and bedford , transcribed , one vol. itinera forest de pickering & lancaster , transcript ex originali , one vol. an ancient reading , very large upon charta de foresta , and of the forest laws . the transcript of the ite● foresta de dean , 1 vol. quo warranto and liberties of the county of glocester , with the pleas of the chace of kingswood , one vol. transcript of the black book of the admiralty , laws of the army , impositions and several honours , one vol. records of patents , inquisitions , &c. of the county of leicester , one vol. muster and military provisions of all sorts , extracted from the records , one vol. gervasius tilburiensis , or the black book of the exchequer , one vol. the kings title to the pre-emption of tin , a thin vol. calender of the records in the tower , a small vol. a miscellany of divers records , orders , and other things of various natures , marked e. 1 vol. another of the like nature in leather cover , 1 vol. a book of divers records and things relating to the chancery , one vol. titles of honour and pedigrees , especially touching clifford , one vol. history of the marches of wales collected by me , 1 vol. certain collections touching titles of honour , one vol. copies of several records touching premunire , 1 vol. extract of commissions tempore , h. 7. h. 8. r. and the proceedings in the court military , between ray and ramsey , one vol. petitions in parliament tempore , e. 1. e. 2. e. 3. h. 4. three vol. summons of parliament , from 49 h. 3. to 22 e. 4. in three vol. the parliament rolls from the beginning of e. 1. to the end of r. 3. in 19 volums , viz. one of e. 1. one of e. 2. with the ordinations . two of e. 3. three of r. 2. two of h. 4. two of h. 5. four of h. 6. three of e. 4. one of r. 3. all transcribed at large . mr. elsings book touching proceedings in parliament , 1 vol. noye's collection touching the kings supplies , 1 vol ▪ stitcht . a book of various collections out of records and register of canterbury , and claymes at the coronation of r. 2. one vol. transcript of bishop ushers notes , principally concerning chronology , three large vol. a transcript out of dooms-day-book of glocester-shire and hereford-shire , and of some pipe-rolls , and old accompts of the customs , one vol. extracts and collections out of records touching titles of honour , one vol. extracts of pleas , patents and close-rolls , tempore h. 3. e. 1. e. 2. e. 3. and some old antiquities of england , one vol. collections and memorials of many records and antiquities , one vol. seldeni . calender of charters , and records in the tower , touching gloucester-shire . collection of notes and records of various natures , marked m. one vol. seldeni . transcript of the iters of london , kent , cornwall , one vol. extracts out of the leiger-books of battell , evesham , winton , &c. one vol. seldeni . copies of the principal records in the red-book , in the exchequer . one vol. extracts of records and treaties , relating to sea-affairs . one vol. records touching customs , ports , partition of the lands of gil. de clare , &c. extract of pleas in the time of r. 1. king iohn , e. 1. &c. one vol. cartae antiquae in the tower , transcribed , in 2 vol. chronological remembrances , extracted out of the notes of bishop usher . one volume stitched . inquisitiones de legibus walliae . one vol. collections or records touching knighthood . titles of honour . seldeni . 1 vol. mathematicks and fortifications . one vol. processus curiae militaris . one vol. a book of honour stitched . one vol. extracts out of the registry of canterbury . copies of several records touching proceedings in the military court. one vol. abstracts of summons and rolls of parliament , out of the book dunelm . and some records alphabetically digested . one vol. abstracts of divers records in the office of first fruits . one vol. stitched . mathematical and astrological calculations . 1 vol. a book of divinity . two large repositories of records , marked a. and b. [ all those above are in folio . ] the proceedings of the forrests of windsor , dean , and essex , in quarto . one vol. [ those that follow , are most of them in velome or parchment . ] two books of old statutes , one ending , h. 7. the other , 2 h. 5. with the sums . two vol. five last years of e. 2. one vol. reports tempore , e. 2. one vol. the year book of r. 2. and some others . one vol. an old chronicle from the creation to e 3. one vol. a mathematical book , especially of optiques . one vol. a dutch book of geometry , and fortification . murti benevenlani geometrica . one vol. reports tempore e. 1. under titles . one vol. an old register , and some pleas ▪ 1 vol. bernardi bratrack peregrinatio . one vol. iter cantii and london , and some reports , tempore e. 2. one vol. reports , tempore , e. 1. & e. 2. one vol. leiger book , abbatiae de bello . isidori opera . liber altercationis , & christianae philosophiae , contra paganos . historia petri manducatorii . hornii astronomica . historia ecclesiae dunelmensis . holandi chymica . de alchymiae scriptoribus . the black-book of the new-law , collected by me , and digested into alphabetical titles , written with my own hand , which is the original coppy . matthew hale . the conclusion . thus lived and died sir matthew hale , the renouned lord cheif justice of england : he had one of the blessings of virtue in the highest measure of any of the age , that does not always follow it , which was , that he was universally much valued and admired by men of all sides and perswasions . for as none could hate him but for his iustice and virtues , so the great estimation he was generally in , made , that few durst undertake to defend so ingrateful a paradox , as any thing said to lessen him would have appeared to be . his name is scarce ever mentioned since his death , without particular accents of singular respect . his opinion in points of law generally passes as an uncontroulable authority , and is often pleaded in all the courts of justice : and all that knew him well , do still speak of him as one of the perfectest patterns of religion and virtue they ever saw . the commendations given him by all sorts of people are such , that i can hardly come under the censures of this age , for any thing i have said concerning him ; yet if this book lives to after-times , it will be looked on perhaps as a picture , drawn more according to fancy and invention , than after the life ; if it were not that those who knew him well , establishing its credit in the present age , will make it pass down to the next with a clearer authority . i shall pursue his praise no further in my own words , but shall add what the present lord chancellor of england said concerning him , when he delivered the commission to the lord chief iustice rainsford , who succeeded him in that office , which he began in this manner . the vacancy of the seat of the chief iustice of this court , and that by a way and means so unusual , as the resignation of him , that lately held it , and this too proceeding from so deploreable a cause , as the infirmity of that body , which began to forsake the ablest mind that ever presided here , hath filled the kingdom with lamentations , and given the king many and pensive thoughts , how to supply that vacancy again . and a little after speaking to his successor , he said , the very labours of the place , and that weight and fatigue of business which attends it , are no small discouragements ; for what shoulders may not justly fear that burthen which made him stoop that went before you ? yet i confess you have a greater discouragement than the meer burthen of your place , and that is the unimitable example of your last predecessor : onerosum est succedere bono principi , was the saying of him in the panegyrick ; and you will find it so too that are to succeed such a chief iustice , of so indefatigable an industry , so invincible a patience , so exemplary an integrity , and so magnanimous a contempt of worldly things , without which no man can be truly great ; and to all this a man that was so absolute a master of the science of the law , and even of the most abstruce and hidden parts of it , that one may truly say of his knowledge in the law , what st. austin said of st. hieroms knowledge in divinity , quod hieronimus nescivit , nullus mortalium unquam scivit . and therefore the king would not suffer himself to part with so great a man , till he had placed upon him all the marks of b●unty and esteem , which his retired and weak condition was capable of . to this high character , in which the expressions , as they well become the eloquence of him who pronounced them , so they do agree exactly to the subject , without the abatements that are often to be made for rhetorick ; i shall add that part of the lord chief justices answer , in which he speaks of his predecessor . — a person in whom his eminent virtues , and deep learning , have long managed a contest for the superiority , which is not decided to this day , nor will it ever be determined i suppose , which shall get the upper hand . a person that has sat in this court these many years , of whose actions there i have been an eye and ear witness , that by the greatness of his learning always charmed his auditors to reverence and attention : a person of whom i think i may boldly say , that as former times cannot shew any superiour to him , so i am confident succeeding and future time will never shew any equal : these considerations heightned by what i have heard from your lordship concerning him , made me anxious and doubtful , and put me to a stand , how i should succeed so able , so good , and so great a man : it doth very much trouble me , that i who in comparison of him am but like a candle lighted in the sun-shine , or like a glow-worm at mid-day , should succeed so great a person , that is and will be so eminently famous to all posterity : and i must ever wear this motto in my breast to comfort me , and in my actions to excuse me , sequitur , quamvis non passibus aequis . thus were panegyricks made upon him while yet alive , in that same court of justice which he had so worthily governed . as he was honoured while he lived , so he was much lamented when he died : and this will still be acknowledged as a just inscription for his memory , though his modesty forbid any such to be put on his tomb-stone . that he was one of the greatest patterns this age has afforded , whether in his private deportment as a christian , or in his publick employments , either at the bar or on the bench . finis . 