Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	law_n	prerogative_n	3,673	5	10.4433	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86930	The magistrates charge, for the peoples safetie. Laid open in a sermon, preached before the right Honorable House of Peeres, in the Abbey Church at Westminster, at their late solemne monthly fast, May 26. 1647. / By William Hussey, Minister at Chesilhurst in Kent.	Hussey, William, minister of Chiselhurst.	1647 (1647)	Wing H3818; Thomason E389_7; ESTC R201521	33,273	53

as are called Princes of the Bakers and Princes of Solomons worke Gen. 40 2. 1 King 9.22 his buildings and provisions for his house these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the second verse of this Psalme Pagnin are translated Rulers such as had the next degree to the Kings cheife Councellours of State Comites Imperii Barones Lafords Thanes men of valour and judgement Pillers of the Crowne whose duty was to preserve the King both in peace and war from miscariages and dishonour by punishing them in judgement that shall misguide the King or act any thing against Law by any surreptitious Warrants or Commissions from his Majesty or transgresse their lawfull Commissions to the wrong and injury of the people these had a principall hand in the making of Lawes By me Kings raigne and Princes decree Justice Prov 8.15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these are the men that were mentioned in the second verse but in the words of my Text they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges and therefore it may be doubtfull whether they be the same men which did consult in the second verse which are here charged in the words of my Text but I conceive they were the same for these reasons 1. Because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be ascribed to the highest Judges in the world to absolute Princes to Moses Exod. 18.16 to God himselfe Gen. 18.25 and that is to let us understand that these chiefe Rulers that consulted with the Kings had a place of judicature that if any thing escape them in consultation that might be mended in judicature 2. Those Rulers that were mentioned in the second verse were guilty of the crime which is here charged to be amended and therefore it is most rationall they should be called to repentance 3. If Kings Rulers and People should once joyne together and make a Law against God and Christ it were an hard matter for an inferiour Judge to amend it It is true they may Judge against it but it would be carried on by the appeale unlesse it be reformed in the suprcame Court where the errour first began and so the wrath of God remaine unappeased Thus you see who these Kings and Judges were in all probability they were severall Kings of severall Nations consulting with their owne Nobles and People against God and Christ that are here called upon to repent of their wicked Decrees and Lawes that they had made against him so that my Doctrine doth now appeare under this forme of words If any thing doth slip in consultation with publique consent of Kings Nobles and People against God and Christ the charge doth lie upon Kings and Judges to amend it But here arise three scruples how it should come to passe that when Kings Object Rulers and People were guilty the Kings and Rulers are called to repentance and the people left out what will God be content to spare a Nation if Kings and Rulers repent though the people go on still in their iniquity I answere in respect of temporall punishment Ans It may be sometimes he will if God would spare Sodome for ten why may he not spare a people for their Kings and Rulers If he will plague Israel for Davids numbring the people why may he not save a people as he did for Moses sake but alwaies he doth it not The reformation of Kings and Nobles is a great meanes to reforme the people but if notwithstanding their Reformation the people remaine wilfull their judgement doth often fall the more heavy even in this life as may appeare 2 Kiv. 23.25 26. Josiah a most pious and holy Prince yet God reserved evill to bring upon the Jew●s for that they did not reforme The Prophet rendreth a reason Ier. 3.10 Her treacherous sister Judah did not turne to me with all her heart but fainedly Josiah caused them to turne in shew but it was in hypocrisie though their hypocrisie was none of Josiahs fault but their owne 2. But here ariseth yet a second scruple how it should be in the power of Kings and Nobles to amend that which is done amiss● by Kings Nobles and people is it in their power not to put that in execution which is made into a Law Yes if against God and Christ if against the Law of God Gods Lawes have the force of an universall Law unto which humane positive Lawes must give way lex particularis cedit universali mans Law is void Doctor and Student if against Gods Law 3. But here will be a breach betweene these that shall so judge the King and Nobles and the people Object if that be adjudged against the Law of God which is newly received for an humane Law and therefore this doth put Kings and Nobles into streights Ans This must not be carryed with an high hand as an act of power but prudently as an act of wisdome so as God may not be provoked and dash you all in peeces nor the people neglected in the particular Covenant made with them They must wisely use meanes to revoke such Lawes as are made against God and Christ Yet by their wise and learned carriage give the people satisfaction This charge of bearing the Lawes the yoke and bonds of Christ is layd on Kings and Judges for foure reasons 1. Because they of all men are most inclinable to shake off the yoke of Christ Fabritius exhortatio ●llurecipue necessaria qus gradu pot●ntia inter honines em●nent non sacile se jugo Christs submittunt leges sibt prescribs ●nviti patiuntur Martinius chstat fastus us volunt emperitivideri quibu opus est institutione ill● quamvis de officio ●●format●onem eminentie suae authoritatis deformationem interpretantur great ones never thinke themselves great enough unlesse they be absolute unlesse they may act so as if they had no superiour to whom they must give an account That exhortation doth principally belong to them that are in Authority because they do not easily submit to the yoke of Christ they are unwilling to have any Lawes given them and the other Author Pride will not suffer them to receive any instruction because they will not seeme to be so unskilfull as to need instruction they thinke any information a staine to their Authority Such opposition against God and Christ hath beene found in all Ages from great ones Pharoah Exod 5 2. 2 King 8 33 who is the Lord that I should heare his voice Zenacherib hath any of the Gods of the Nations delivered his people on t my hands Ie● 2.3 wee are Lords wee will come no more unto thee Therefore doth the Lord cry out upon Kings and Princes and Judges of the earth that they should have speciall care to submit to the Government of Christ exclamations are used in plaine matters and matters of great weight It is no small matter for Kings and Nobles to shake

men the advice to Kings is to understand their owne condition in reference to Christ If any strive with Christ for prerogative it is likely to be Kings many Kings have usurped such power over the people of God as is due only to Christ nay few men of power have rightly understood their owne condition in reference to Christ which thing is here required of Kings least they be broken in peeces That Kings and all such as act as Kings in the execution of humane Law Doct. must understand what their owne condition is in respect of Christ and act according to that understanding That is they must firmely adheare to this as an undeniable principle that they must receive the Gospel as the commands of Christ so as Christ doth require them without any limitations restraints or circumstances arising from their own wills Now for the rule of our understanding the principles of Christianity are contained in the word of God by which wee must regulate all our knowledge as it is speculative Thomas Aquin. 22.47 6. 〈◊〉 habet in operabilibus sicut princeptum in speculativis what Principles are to our understanding that ought to be our end in practice so wee must make it the end of all our actions to walke by Principles contained in the word of God what is grounded on the word of God that wee must firmely adheare to in matters of Religion we must take all argumments that are against Scripture from nature bonum publicum advancement of the Gentry freedome of the Subject honour of the Lords prerogative of the King to be the sophistications I told you of against which Kings ought to confirme themselves by continuall meditation on the word of God and actuall consideration of of their owne condition in respect of Christ Reasons why Kings and such as act by supreame Authority must know that Christ is their King as indeed he is King of Kings and Lord of Lords 1 Tim. 6 15. and act as his Subjects Nay their Lord and they must obey his commands as comming from his will without any concurrence of our wills are three First the commands of Christ have the sanction or penalty of eternall condemnation annexed to them that shall be inflicted on the transgressors which no power on earth can resist the power and strength of any Authority is in the sanction where men can ratifie commands with small penalties the transgression is lesse terrible and the command lesse absolute therefore is the power of a King nothing in comparrison of Christs Feare not him that can kill the body Luk. 12.4 and after that hath no more that he can doe but Christ can doe more he can render vengeance in flaming fire on them that knowe not God and obey not the Gospel of Jesus Christ 2 Thes 1.8.9 who shall be punished with everlasting destruction from the presence of the Lord See men must obey the Gospel of God or suffer eternall punishments and this reacheth to Kings as well as others this Gospell must be obeyed it is the command of Christ Mat. 28 ●0 goe teach whatsoever I command you Secondly Kings must know themselves absolutely under the commands of Christ because he can execute his owne Lawes by his owne power if he could not execute his Lawes without the consent of Kings then their consent were necessary but he doth not governe as the Kings of the earth doe by a consenting partie having no naturall but morall power over their wills they can incline them by acts of love and with the helpe of the consenting party move the dissenting by acts of terrour Pro. 14.28 In the multitude of the people is the Kings honour his power is naturally resident in their persons politiquely in their union that is kept and preserved by Lawes prudentially by his virtuous adhearing and acting by those Lawes But God and Christ that sitteth at the right hand of God ruleth by his owne power as in the same argument it doth appeare the Psalmist doth not say he will bring Angels from Heaven though a few of them would quell all the power on earth but the Son shall doe it himselfe with the rod of iron in his owne hand and the Prophet telleth us his owne arme shall rule for him Esay 40.10 God can worke upon the hearts of men physice immediately upon the will and make them that worke deceitfully doe his worke Ier. 48 10. they that doe the worke of God deceitfully shall have a curse for their labour but the worke shall be done though they thinke not so God maketh them act what they meane not Esay 10 7. yea contrary to their meaning Thirdly Kings must understand their owne condition in relation to Christ that nothing of their owne will must enter into much lesse sway their actions of Religion if they doe sway their Religion by their owne wills their Religion then is nothing else but policy and that will make God angry laugh them to scorne disappoint their purposes and breake them in peeces I told you before that Christian Practice must make Christian Principles the ends of all their actions they must professe Religion to honour Christ and not themselves to doe the minde of Christ and not their owne wills it is plaine if once Princes use Religion to other ends then the glory of God they understand not what Religion is what Christ is what they are and then they may quickly anger him and ruine themselves He that sinneth against God wrongeth his owne soule Pro. 8 36. This was Jeroboams Religion when he was newly made King over ten Tribes by revolt from Rhehoboam 1 King 12.27 It was in commune bonum for the publique good of his Kingdome that his people should be kept from going up to Jerusalem to worship where Rhehoboam their former Lord from whom they had revolted reigned Jeroboam said they will kill me and returne to their Master all the world would have judged this a wise act in Jeroboam but by this meanes he changed the sacrifice and the Priesthood which was his ruine Jeroboam would make Religion stoope to his honour and safety and by it displeased God for which his Posterity was rooted out This was Absalons Religion 2 Sam. 15.7 he meant to get the Kingdome from his Father but asked his Father leave to pay his vow which he had vowed to the Lord in Hebron You see Absalon sought to promote himselfe under the pretence of Religion and prospered accordingly but I come to the Application Use of information that Kings that understand not themselves the servants of Christ are mistaken in their intellect though in respect of the goodnesse and kindnesse of God wee are brethren to Christ is friends and all favour is conferred on us yet must the greatest of the Princes of the earth acknowledge themselves so under him that his wrath kindled against them will be their destruction that their duty is to respect and

to the second charge of my text which is your particular portiō be instructed ye Judges of the earth the charge that lyeth upon you is to be instructed the word signifieth castigare to bind instruct compell correct which discipline Lawes bonds punishments 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 your selves that you wander not and live after your owne lusts the discipline and correction yee ought to restraine your selves withall ought to be streight sueh as we use to children in their tender yeeres the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this yee must receive as Children from the word of God subjicite vos reprehensioni verbi Cajetan Dei submit yourselves to the reprehension of the word of God From this second part of the charge Doct. that if any thing be consulted and agreed on against God and Christ the Nobles and Judges of the earth must receive instruction reforme and amend themselves and together with the King submit to the government of Christ but the charge lyeth upon your selves in this clause though the consociation with the other clause require your conjunction but I am now come to your duty as it standeth singly in this part of the charge Yee see my Lords more is required at your hands then of the Kings in point of knowledge yee ought to be the Kings Treasurers out of which hee ought at all times to draw wisdome yee ought to be that multitude of Counsellours that might make all the Kings purposes succesfull if the King want counsell he must repaire to you if you want it yee must provide it for him it is the duty of your place therefore if yee be not learned yee must receive instruction if never so learned information if yee be morally vitious yee must amend your selves by Lawes Discipline correction yee must use your selves as men use Children correct your selves or if need be as men use madde men binde your selves rather then wander after unworthy sinfull lusts whosoever are ignorant ye must be knowing though corruption of times may lead some others into swearing lying drunkennesse uncleannesse profannesse yet none of all these things should be found in you It is a shame that a Christian Lord should not be eminently above unchristian and heathenish vices Her●s est supra ●mnem legem humanam more vertuous then any humane Law can require how shamefull is it that they should be more vitious then any heathen Law should suffer It is sufficient for a King to understand and walke by principles such as no man can deny to be truth to make good principles the end of his actions you must helpe him to the meanes which is the act of Councell when the end is agreed on Councell must finde out the meanes to obtaine the end and that is properly wisdome learning and prudence the same word is translated be learned and amend your selves learning is a great meanes to amend a man againe it signifieth correct or punish your selves nothing is so ready a way to amend a man as punishment because prudentia moralis versatur circa aff●ctus morall wisdome is conversant about af●ections which are not mooved with any reason but much with strips nihil suasionibus plurimum flagris as Moralists all agree and therefore is it that such creatures as are only sensitive are not wrought upon by reason but stripes only I shall distinguish the requisits of a Judge into learning and honesty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both contained in the originall word which commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 discipline or correction by learning instruction threats either active or passive Againe the learning that is required to Judges may be distinguished into the learning of inferiour and supreame Judges honesty ought to be common to all Judges as likewise that learning of their owne condition in reference to Christ The learning of an inferiour or subordinate Judge must be either habituall or upon all emergent occasions capable of new instructions His habituall learning must be the knowledge of the positive Lawes and customes of the Kingdome containing the right of the King and Subject so as they are applicable to continuall practice he must likewise know the rules of morall Philosophy a study much neglected in this Kingdome the Lawyers rather going by particular president then rules of justice which is rather emporicall then learned and from particular president gather an universall rule which is too much used for Lawyers Logick when they are pleased to make use of it but they can forsake it for a friend at pleasure which maketh the Lawes of England so lyable to abuse and leave the Judges too great a latitude to doe amisse and yet excuse themselves if they walke by a president they are excused if they desert their president and make new as in some cases they may and ought the weakenesse of this collection it was done therefore well done it was the opinion of these Judges therefore right may well excuse them whereby the Judges have a latitude to judge which way they please without blame because the study of the Law is rather by induction then demonstration rather by the will of former Judges then rules of justice which are to be found in the learned skill of morall Philosophy and ought among us Christians be regulated by Scriptures with which in matters of justice the light of nature doth agree these Rulers of justice ought to be the only guide to judges in matters of judgement to Parliaments in making Lawes therefore in the Scriptures is justice annexed to judement Judges and Officers yee shall choose Deut. 16.18 and they shall judge the people with righteous judgement Ex. 45.9 Let it suffice O yee Princes of Israel remove violence and spoyle execute judgement and justice take away your exactions from my people Ier. 22.3 execute judgement and justice Justice is the rule judgement is the application of it to time and place 2. There must be a learning that ought alwaies to be in fieri upon emergent occasions that is a diligent care to finde out the fact Iob. 29.16 that cause which I kn●w not I sought out diligently this was the glory of Solomon in case of the Harlots and this must be in all Judges high or low 3. There must be a sagacity or quicknesse in a Judge to make application of the Law to the case in hand this is the principall if not the sole duty of a Magistrate to execute the Lawes to see that all men that seeke justice may h●ve it without partiality this belongeth to a Magistrate essentially and cannot be taken from him while he remaineth a Magistrate Judex debet habere potestatem veritatem formam vim Tollet that is he must have authority truth and forme before and in judgement and force following it to put it in execution The reasons why Judges ought to have such learning are first because no action can be rationall

not determine the practice of the times did carry all by the will of the King whereby Parliaments were rendred uselesse to the Subject and the whole Kingdome lay open to any such violence as evill counsell should at any time lead the King into The want of learning in this point was the first cause of this dissention learning could not and therefore it was put to the determination of the sword 2. When Parliaments were called what power the King had what the Lords what the people or Commons what joyntly what severally was not cleerely enough determined in the Law and therefore left to the determination of the sword learning was wanting and therefore God brought in his iron rod. In matters of justice what ought to be adjudged treason what not how those treasons mentioned in the Statute and referred to the Paliament to be determined ought to be judged and by whom the learning of the Law did not cleerely determine and therefore left to the determination of the sword The learning of the Law did never yet cleerly and publiquely determine between Plea and Plea in these objections following that none ought to be adjudged but by positive Law Secondly that all Lawes ought to have publication none ought to suffer for any attempt except against the Kings Person which objections would easily have bin answered if the study of morall Philosophy had beene well taken into the study of the common Law I shall only acquaint you with some few rules of moralls concerning these points First ignorantia juris universalis non tollit peccatum that neede no publication the boy to the ancher and crosse of the doore hath no place heere that publication doth belong only to particular Lawes not universall 2. Though subordinate Judges may not yet the supreame Judge may judge by the universall Law salus populi suprema Lex 3. Attempts against the Kings Person are only criminall by positive Law but there the fact is likewise treason but where the fact cannot be punished the attempt must by the universall Law of selfe preservation as an attempt to conquer the Kingdome change the Government in any Subject must be punished the fact cannot prosperum faelix scelus virtus vocatur when such questions as these were on foote the learning of the Law ought to have been cleere the Judges should have been learned but they were not and therefore God was angry it s now therefore high time for Judges to be wise there hath many miseries happened to us of late which are yet hard to be remooved for want of learning and therefore there is great reason all meanes should be used to get it there is great cause therefore the Holy Ghost doth cry out upon you O yee Judges be learned Children and women cry out for feare often where no dangers is but where wisdome it selfe doth cry out there the danger must needs be great But now my Lords I come to the learning that is required in your Lordships as Judges of Judges It cannot be denyed that all learning that can be desired in any would adorne and beautifie a Lord yet let not any cunning Sophister perswade the world that a Lord is not fit to be a supreame Judge unlesse he be a cunning Lawyer if any Law be hard for a Lord to understand it is too hard to be a rule for men to walke by It is sufficient for a Lord to know unjustice when it is so obvious that it is become a publique grievance to keepe the Judges from bribery and flattery of the King or oppression of the people that nothing be done by violence without judgement or in dispite of Parliaments If your Lordships could have but hindred the gathering of tunnage and poundage taxation of shipmony raising of monopolies used meanes to have Parliaments orderly called told the King his dutie punished his instruments when unjust so far as they appeared to publique view advised the King to forbeare any illegall power over his people punish such as should advise him to any unlawfull thing when prooved and plainely appearing to you and by your power suppressed all power raised against Law This had been sufficient to have preserved the Kingdome from ruine seditio non oritur levi de causa That which is principally required of your Lordships in point of knowledge is to receive instruction yee cannot want knowledge enough if yee will receive it to deliver the Kingdome from the stroke of Gods wrath the dissention of the people I cannot but confesse these times have involved your Lordships in very great difficulties but the greatest difficultie is to amend your selves if you could but give testimony to the world that you see your selves partly by the fault of your Ancestors and partly by your owne disabled from doing your Country that service which the duties of your places doe require and that you earnestly desire a reformation of your selves if you could but undertake the principall duty of your places to be reconcilers of the King and people and propose such tearmes of agreement as may be fit for Prince and people to receive God would certainely assist you All Governments are species amicitiae kinds of friendship the differences that are at this time betweene the King and his people are very great you my Lords ought to use all meanes to set them at one you are the Umpiers of the State your wisdomes ought now to appeare you ought to deale plainely with King and people where you finde the fault lay the blame presse the King to his duty and the people to theirs let your Propositions be legall reasonable and wholesome for the State God and good men will not leave such indeavours without comfort successe you ought not to joyne with the King against the Commons nor with the Commons against the King but carry the Ballance of justice so justly and friendly between them that they may joyne in friendship one with another you are trusted with the honour of the Crowne the justice of the people the setting up the honour of Christs Kingdome yee must not suffer any of these to sinke 2. Yee must amend your selves in point of unity you ought all of you to be united as one man Unity is the safety of the people in no sorts of the people so dangerous as among Lords pauci viri boni non minus conjuncti quam si essent unus homo it is that only that shall make you able to save your selves and your Countries the difference is betweene the King and the Commons if one part of you side with the King another with the Commons and looke towards the sword by it to beare downe the adverse party you make your Countrey become a prey and ruine your selves and your Posterities the end that ought to be before your eyes to bring the government subspecie amicitiae that you cannot endeavour untill you keepe and preserve unity among your selves you cannot seeke unity between the King and his people untill you seeke it first among your selves 3. Yee must looke to this charge of my Text remember what yee are in reference to Christ yee are his servants yee must take his advice call such as can shew you the minde of Christ to your assistance yee must receive instruction from him as he is pleased to give it by the Ministers of the word Luk. 10.16 He that receiveth you receiveth me he that despiseth you despiseth me yee see Christ doth owne them as his Deputies if yee receive them into your Counsells yee receive Christ if yee cast them out of your Counsells yee cast Christ out of your Counsells if any such thing have been done in hight of opposition be learned receive instruction and learne to amend Nations must hearken to the commands of Christ Parliaments that act as Nations must doe it or else they will displease Christ 2. Let nothing be carryed with a strong hand till they be peaceably descided in a friendly and Parliamentary way the prerogative of the Crowne the right of Lords the honour of the Messengers of Christ the Priviledges of the people let no parties presume by power of the sword to overbeare another 3. Yee my Lords ought to preserve the dignity of your publique places it may not be esteemed an act of humility in a Majestrate or a Minister to lose the right that belongeth to their publique places that is breach of trust and neglect of duty therefore ought Majestrates to maintaine the honour of their places and act by them for the good and peace of their Countryes and honour of Christ that so they may escape the anger of God and the stroake of Christs iron rod. FINIS