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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

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Parliament but that time is past many things have beene done by prerogative above Law I will not say any thing hath beene consulted by King Lords and Commons against Christ I feare some things have beene done with or without publique consent that should not I judge by the event as every good Christian should when God is displeased Yet now if King and Lords would be wise and learned yee might turne away the wrath of God and keeping off the iron rod from da shing you all in perces if not it is to be feared the iron rod is in the fire to take a new hardning The division that hath been hitherto hath on both parts been grounded on verum and veri simile the King on the one part the Parliament on the other one for prerogative the other for right and interest both pleading Law the King pretending all ought to follow him the Parliament them and all by Lawes take heed of a subdivision among you where no party doth or can pretend Law for by the same reason God may justly bring a subdivision among you untill yee come to utter destruction for let any wise man consider when wars will cease if the victorious party shall set up new Principles and make new Quarrells you have fought for liberty and common right according to the Lawes of the Kingdome if your victories set you upon higher points and yee will have all the Lawes of the Kingdome altered pro Imperio while the sword is in your hand this is certainly a new cause and if it should breed a new quarrell which God forbid remember I pray you the iron rod is in the hand of Christ and not yours God is the Lord of Hosts and you shall see it if yee have much experience in war that God which hath owned your cause that was without controversie just if yee raise a new quarrell upon a new cause upon grounds not knowne and stated in the world may desert you in your new cause it was not the wisdome of the Parliament but the justice of the cause and the hand of God that hath helped you hitherto you know not what helpe the colour and opinion of law did you in your cause if once a war should arise without any colour of Law if Machievills principle concerning the power of Kings should be drawne downe to the people that they had power without Law that as it were lesse regular so it would be more cruell neither the Authority of the King nor of the Parliament would shelter any but all would be dashed in peeces with this iron rod Be wise now therefore O yee Kings be learned yee that be judges of the earth wisdome is of speciall use in consultations for Kings and Lords the greatest honour to them in the world is so to deliberate in their publique meetings that they may have cause to rejoyce in the wisedome and justice of their consultations to vote one thing to day another thing to morrow is an argument of the greatest weakenesse in the world yet if the weakenes be in the former it must be amended by a wiser better to be wise now then never I will not lay the supposition of my Text upon your Lordships I will not say yee have consulted any thing against Christ but the counsell of my Text I will and that in the words of Fabritins and Musoulus * Fabritius si sorce quid finistre tentaverint adver sus Christum Regnum ejus patient●r tunc se evecari ab errore pirversis institutu s●● paulo ante sibi caveam a temerariis consiliis mo ititionibus contra Christum Regnumejus ut eruditio●em cast gationem admittant ex verbo Dei. Musculus in locam nunc inquit cum Regnum Chris●● ad hunc modum comparatum sit nt non solum impossibtle sit quod conamim sed vobit exittosum etiamsihactenus desipuisti tamen vel nune taadem nisi perirejuvat mutata sententia rescipiscite c. Nam alioqui quod putatu vos reguis vestris per id consulere quod Christo domino repubnatis owniu●● est stule●ssimum If Kings and Judges of the earth at any time have attempted any thing against God and Christ they would suffer themselves to be called back from their errour and perverse purposes and before that they would take care of rash Counsells and endeavours against Christ and his Kingdome that ye admit of instruction and reproofe from the word of God Musculus And seeing the Kingdome of Christ is so ordered that it is not only unpossible that yee intend against it but it is deadly to your selves although you have hitherto beene unwise yet now at last repent unlesse you will perish for it is the foolishest thing in the world to thinke yee shall settle your owne Kingdomes by destroying his But lest some may raise a ground for inconstancy or departing from deliberative consultations which in plaine termes is to vote one thing and doe another or to be unconstant in your votes● because the Psalmist doth charge Kings and Judges to be wise now after they had voted and consulted Kings Nobles and People and were all agreed My Text affordeth no further warrant for change but when yee have voted against God and Christ then indeed it is high time to unvote that againe the Holy Ghost doth not call upon them after consultation to be wise without cause and so I come to the second circumstance therefore certainely it is an unwise thing to change a vote without cause my Text which is the Commission by which I preach at this time doth require you to be wise after consultation when yee have consulted any thing against Christ therfore because it is against Christ ye may have other causes to alter a vote sometime but I have Commission from God to charge you with alteration in this case And let me tell you to alter any thing is a weakenesse either in the act of alteration or in the thing that is amended if without cause it is folly if for a wicked cause it is abominable If ye have at any time voted any thing for Gods glory and publique good to alter that for a friend is abominable I have yet another use of information for your Lordships whi ch is personal therfore belonging to this point That even Kings Princes Kings Judges of the earth in the places of Kings Judges of the earth must be under the bounds and rules of Christs Kingdome or otherwise why should the Psalmist have an especiall eye on thē in the establishing of Christs Kingdom you see God doth call upon Kings and Judges of the earth and that because he hath set up the Kingdome of Christ upon Mount Sion some refer all this honour required to the Kingdome of Christ unto the times after the calling of the Jewes I willingly grant that the glory of Christs Kingdome shall be more conspicuous after that then before
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