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A62375 Civil magistracy by divine authority asserted and laid forth in a sermon, preached at the assises holden at Winchester, for the county of South-Hampton, on Thursday the 4th day of March, 1651/52 : afterward the same subject much enlarged, and in some particulars more cleared, and applyed, on the like occasion, at Taunton in Somerset, on Sunday in the assize week, Aug. 22, 1652 / by William Sclater ... Sclater, William, 1609-1661. 1653 (1653) Wing S914; ESTC R34025 36,513 52

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of on which I shall so strive to husband my Discourse as to lay it out in a due proportion to the time And he said to the Judges Take heed what ye do for ye judge not for man but for the Lord. The Ordination of these Powers is ſ Vide Calvin Instit l. 4. c. 20. Pertot S. August l. 4. c. 33. De Civ Dci divine The 2d Part they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ordained of God himself saith the great Apostle Rom. 13.1 By me that is by my own Paramount Authority saith the Lord rule even all the Judges of the earth Prov. 8.16 Per me By me The nature of this Praeposition is to note a Cause certain and a certain Cause excludeth Chance they be no Casualties Fortè fortunâ at hap hazard Causalls they are said t Bish Andrews Serm. on Prov. 8.15 p. 935. one sometimes a great Ornament of this Church Casual they are not Per me not Perse it 's worth the noting that it is said By me not by or from themselves it is not their own place they sit in nor their own Power they execute it is derived to them from God himself so that they may say of themselves even in this regard Ipse nos fecit non ipsi nos It is he that hath made us n Psal 100.3 and not we our selves and therefore the Judgement that they decree is Gods Deut. 1.17 Many seek the Rulers favour saith Solomon but every mans Judgement cometh from the Lord Prov. 29.26 And indeed as Josephus expresseth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Without God it is utterly impossible that any such Power should subsist in the world considering the furious and seditious Commotions that Satan the Author of Confusion and Rebellion is apt to raise up in the brests to vent and foment in and by the actions of the sons of Belial against all Authority of Divine appointment But it is * Psal 144.2 God who subdueth one man in subjection to the other for the more uniforme Composure and Peace of the whole Universe Wherefore when men offer to reject that forme of Government which is by providence cast upon them in the language and style of the Holy Ghost they do not reject man but they do reject God himself that he should not rule over them 1 Sam. 8.7 For this cause is it that God himselfe whose Vicegerents they are upon earth to grace and honour their persons and Authority the more hath given them the Title of his own name Psal 82.6 I have said ye are x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods and again Exod. 22.28 which are not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Swelling words of vanity titles of complement or of Adulation but they are of Gods Royall imposition Nor is this Old Testament onely as some would have it but our Blessed Saviour in the New Testament comments upon these very same words Joh. 10.34 35. where not only the Title but the word that is the Warrant and Commission they receive from God is as a binding Law which cannot be loosed Now so they are called say y S. Aug. Tract 48. in John and Lyra in Psal 82. Austin and Lyra by participation Participando fiunt dii tanquam lumina illuminata in regard of their derivative power as lights enlightned from on high They are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called Gods saith Saint Paul 1 Cor. 8.5 in respect of their deputed power from God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith z Just Mart. qu. ad Orthod 142. Confer B. King pag 166 on Jonah Justin Martin that Use or Office ceasing the Title leaves them For however they be Gods with men yet are they but men with God who standeth in the Congregation of those Gods Psal 82. ver 1. and that not onely as a spectator to behold them which noteth his presence but also as a Judge above them which notes his preheminence intending one day to take an account both of them and all their proceedings which under his Title and by his Authority they undertook Now Gods own proceeding in Judicature is presented to us in the glasse of the Scriptures after this manner First It 's Impartiall and without respect of persons so here ver 7. There is no iniquity with the Lord our God saith Jehoshaphat nor respect of persons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Septuagint render it So they who judg for God though they may have respect to the equity of the Cause yet may not have of the quality of the * Deut. 16.19 person above the Cause Deut. 1.17 the face of the poor man because hee is poor must not be regarded nor rich mens persons held in admiration as Saint a Jude v. 16. Jude speaks for any advantage whatsoever As was said of Anacharsis Laws they were like Spiders webs which the bigger flies brake through but the lesser were taken and held fast therein but as Phocylides hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Do judgment not for * Vid. Episc Davenant pag. 966. Expos in Coloss Favour but for Justice sake The Ancients as we read in Scripture held their Judicatories in the b Ruth 4.1 Gen. 34.20 Prov. 31.23 gates of their Cities for the more free and open accesse of all as well small as great Justitia non novit Patrem non novit Matrem Veritatem novit saith c Dieter Dn. 23 post Trin. pag. 840. one A Magistrate on the Bench should be like Melchizedek without father without mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without d Hebr. 7.3 descent or kindred As I have heardit reported of a * Judg Popham Judg sometime of this Western Circuit when one arraigned before him alledged that he was his kinsman however then an offender before him as there are but few Families wherein some as the grains in the fairest Pomegranate are not tainted and as it is in the hebrew proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vinegar may be the son of Wine Are you so said He I must therefore never the later condemn you being convicted I must deny my self with all my relations to make Justice exemplary A Judge must be to use the word of c Aul. Gel. noct Attic. l. 14. c. 4 Gellius Inadulabilis above flattery or as f Cic. l. 1. Tuscul quest Tully expresseth it Inexorabilis beyond intreaty when the Cause expects it Plutarch in the life of Themistocles reports of him That when Simonides the Poet of Chios desired a favour of him beside what was just and equall made answer As thou shouldest be but an ill Poet if thou shouldest not observe Numbers and due Measures in thine Art So neither can I be a good Praetor in case I doe prefer any mans favour before the equity of the Laws 2. And yet secondly although God be impartiall in respect of the Person yet is he full of equanimity in respect of the execution of his Judgment even after conviction In the f Hab.
though the Prophet will not be tempted 't is not impossible but there may bee some c 2 King 5.20 Gehazi whom some shekels of Silver or some changes of Rayment may though to the hazard of a Leprosie to be entailed upon Posterity secretly seduce But because I know none such in this Circuit to be tainted and who can take a fixed aim at a flying mark yet however I know men may be d Gal. 6.1 tempted as Atalanta was stopped in the way by the Golden Apples Wherefore let me not be mistaken thus think My Speech is no Reproof which supposeth a Crime but only as a Caution to forestall such Temptations that like the sons of Zerviah to David may in some particulars prove e Sam. 3.39 too hard for them And so I come to the fourth and last Particular that I shall at this time make any instance in Gods Judgement is not passed without deliberation precedent Hence its observable That before sentence passed upon Adam the Protoplast and the very first man that sinned God came to him not in the heat of any subitaneous Passion but in the f Gen. 3.8 9. cool of the day and then reasoned with him saying Adam Where art thou Non in quo loco quaero sed in quo statu as S. Ambrose upon that Passage I do not ask Where thou art in respect of Place but where thou art in respect of Grace First Convincing before he Doomed him So likewise read we Isai 1.18 that though the sins of Israel were in guilt as red as Crimson or Scarlet that by their very hue called for a Judgment of the same colour as appears ver 20. yet before the sword was actually unsheathed Come saith the Lord and let is reason together and debate the matter In like sort by proportion and Analogy are the proceedings of these terrestiall Gods with men and indeed so much is implyed in Jehoshaphats Cavete here Take heed what ye do Ne praecipitantèr sed cum magnâ deliberatione sententiam feratis saith Lyra Be not over hasty in Judgement Your Commissions run as I suppose with Oyer before Terminer Hear before you determine g Erasmus l. 4. Apotheg Alexand 46. Erasmus among the Apothegmes that he collected of Alexander the Great notes this as a principall He should alwayes reserve one ear open to the Defendant as he hath given the other to the Plaintiff for else praepossession may prove a prejudice h Prov. 18.17 He that is first in his own cause saith Solomon though really most obnoxious yet often apparently makes his matter most specious and feasible Surely some Causes are very difficult and hard Deut. 1.17 So that as Agapetus said to Justinian He needed to bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to have many eyes assisted by Caution and Circumspection like those living Creatures which S. Gregory mentions which were in circuitu i S. Oregor Mag. par 3. Pastor Cur. Admon 5. intus oculis plena full of eyes within and without well eying the substance of the Cause within and observing all the circumstances of it round about it may otherwise prove difficult to keep the Balance even and justly to decide it I have read of a Spanish Judge when a murther was committed in a tumultuous crowd of people he caused all their bosomes to be made bare and so feeling upon their brests discovered the guilty author by the palpitation and panting of his heart so will a prudent Magistrate by sharpness and acuity of understanding upon debate so anatomize the very bowels of a Cause that a fair outside only by vertue of some gawdy dresse may not carry the matter He that ruleth therefore saith the great Apostle let him do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with diligence Rom. 12.8 And thus I have done with my Analogies Now as the Apostle to the k Heb. 13.22 Hebrews suffer I beseech you a word of Exhortation I cannot tune it to a better Harp then to that of the sweet Singer of Israel Psal 2.10.11 Be learned ye Judges of the earth serve the Lord with fear Now Judges serve God two manner of wayes 1. As men by l Psal 50.23 ordering their conversation aright according to the Lawes of the Lord. 2. And m S. August Epist 50. ad Bonifac as Judges in quantum Judges when they do those things in and for the service of the Lord which none can do but Judges by vertue of their Office and Commission which is to execute Justice and Judgement according to the righteous Lawes of the Land and being in a right sense Custodes utriusque Tabulae to have the first regard to what concerns the right Religion and the next to the supportation of equability amongst men so shall they shew themselves what they are by Divine Ordination 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13.4 The Ministers of God for good to the Common Wealth so shall they be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Living Lawes In short because I must hasten as well knowing this to be none of Jeshuah's dayes wherein the Sun n Josh 10.13 stood still There is not in the world a more reasonable request then this namely What you would be that to be to make good your name to be as Gods to men in doing good for God for whom ye Judge is good and o Psal 119 68. doth good specially the common good to all for so doth God do Psal 145.9 this is the time and place for it and so my wish is that they may and my trust is that they will do Nor have I in all these intimations done other then shewen them a mirror of what they are already as not needing nor indeed presuming to exhort them farther to what they should be Themselves will take notice of Jehoshaphat's doubled Cavete in the Text sith they judge not for man that is as some interpret they may not please any man in his sin nor may they sin in * Prov. 18.5 Judgment to please any man But they judge for God and for his glory who upon so doing is with them in the Judgement With them as a Spectator which notes his presence With them as a Mighty Protector which notes his Preheminence God is thus with them thus judging Wherefore now if ever Let the fear of the Lord be upon them take heed and do it And thus after my measure as I could though not after my wishes as I would in a meet correspondence to such an Auditory I have dispatched my main intentions for this time There are yet more parts of my first Division remaining but the time and the weighty affairs ensuing command me to dismisse the larger handling of those at the present I shall humbly crave the favour only to presse even with a Laconical brevity this Exhortation of Jehoshaphat in the close of the Text in a latitude or larger extension unto all in generall and I shall only as Jonathan did the Honey touch