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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67236	Of Christian magistracy A sermon preach'd in the Cathedral-Church of St. Peter in York, at the assizes held there, July the 26th, 1697. Before the right honourable Mr. Justice Nevill and Baron Turton. By Christopher Wyvill, D.D. and Dean of Ripon.	Wyvill, Christopher, 1651?-1711.	1697 (1697)	Wing W3786A; ESTC R222179	17,177	31

not the causes or things pertaining to this Life which are to be tryed and judged as most Interpreters seem to understand them but the secular places or seats where such Causes are tryed and Judgment given What if by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we should understand not the meanest and simplest Christians but the Heathens and Infidels who are of little or no esteem in the Church So as that the Apostles meaning may be this viz. If you esteem these Men the Heathens and Unbelievers to be of little or no account in the Church as you have no Reason to think otherwise of them then set up Secular Judgment-seats amongst your selves and fill them with fit and proper Persons For as he proceeds in the next Verse ver 5. I speak to your shame Is it so that there is not a wise man amongst you no not one that shall be able to judge between his brethren By which words he clearly intimates that he ought to be a Wise Man and no contemptible Person who should have the Authority of a Judge in the Church Far therefore was it from the Apostles meaning to bid them set contemptible Persons those who were least esteem'd in Seats of Judgment But he rather checks and reproves them for that although they were generally great Pretenders to Knowledge and Wisdom yet they would chuse to appeal to the Courts of Infidels as if there were not a Wise Man among them who might try and judge their Causes It may be very likely indeed that the Persons I speak of were to be but in the nature of Referees or common Arbitrators to whose Judgment the Christians were by joynt consent to submit their Differences For what else could the Apostle grant to Christians who at that time were destitute of publick Authority And if in the Circumstances they were then in he gave them a permission to chuse Christian Arbitrators for the decision or composing of what Causes they had to bring before them we may be sure that when a Nation became Christian when the Christian Faith should be not only countenanced and encouraged but by Law established and upheld he would much more allow of Christian Arbiters or Judges appointed by Publick Authority for the ends of Common Justice What therefore I have farther to say upon this Subject and from the words of my Text shall be comprehended in these following Particulars First I shall enquire for what Reasons St. Paul would not have the Christians make their Appeals to the Bar of Unbelieving Judges at the Tribunal of Heathen Magistrates Secondly I shall consider that Reason which he gives why a Christian may be a Judge why he should undertake the Office of a Civil Magistrate with what other Reasons may be assign'd for it Thirdly When Christian Judges are set apart and appointed by Publick Authority I shall consider the Matters that may be brought before them which according to my Text are said to be things pertaining to this Life and those are commonly of two sorts 1. Matters of Civil Controversie betwixt one Man and another engaged in Suits of Law And 2. Criminal Matters or Things done contrary to the Laws by such Offenders and Evil-doers as are to be punished according to their Deserts With respect to the first of which I shall consider how far and upon what accounts a Christian may go to Law and with what Tempers and Dispositions of Mind he should do so when there is occasion for it With respect to the second I shall consider the Reasonableness and the Necessity of it Lastly I shall conclude with some Inferences from the whole such as may be suitable to our present Solemnity and by Gods Blessing profitable to us all First Then I shall consider for what Reasons St. Paul would not have the Christians make their Appeals to the Bar of Unbelieving Judges at the Tribunal of Heathen Magistrates For what Was it because he thought it a Sin to do so That cannot surely be supposed because he himself appeal'd unto Caesar Acts 25.11 and offered his Cause to be try'd at the Bar of one of the worst of Heathens Was it because he thought as some have since imagined that Dominion is founded in Grace and that consequently the Heathens being destitute of Divine Grace and the means of obtaining it should have no Dominion nor Authority nor Power in the World No such matter for he knew very well that Dominion in whomsoever it is lodged is Originally of Divine Right and that there is no power but of God that the powers which be whether they be Heathen or Christian were ordained of God Rom. 13.1 and that Christ himself acknowledged the Authority which Pilate a most Graceless Heathen Judge had over him John 19.11 Was it because Christianity hath abrogated the Power of the Civil Magistrate hath divested him of all Right to Rule and Govern and absolved all Men from Submission unto him unless he becomes Christian No certainly for the Rights and Priviledges of Temporal Rulers and Governours whether they be Kings as Supream or other Inferiour Magistrates authorised and sent by them for the ends of Publick Government are no where better secured than in the Christian Religion Rom 13 5. all Persons by the Rules of its Doctrine being enjoyn'd Obedience to those in Authority not only for wrath but also for conscience sake 1 Pet. 2.13 14. It designs indeed and earnestly desires their Conversion to the Christian Faith and their professing the Gospel of Christ but if that cannot be effected it leaves them the exercise of their just Power notwithstanding It was not therefore for these or any such like Reasons that St. Paul prohibited the Corinthians to whom he writes from appealing unto or impleading one another before the unjust the unbelieving Magistrates But it was because great Scandal was thereby raised upon themselves and an ill Report upon the Church of Christ and great occasion was thereby given to the Heathens of being offended at Christs Religion and of standing farther off from making profession of it For the Christians of the Church of Corinth to whom St. Paul writes were very much given to Contentions and Litigations amongst themselves and would do wrong and defraud one another 1 Cor. 6.8 whereupon a Suit of Law was presently commenced which 't is likely they prosecuted with no small Heat and Passion and therefore the Heathens before whom they brought their Causes to be heard and try'd could not but discern how much they were addicted to Fraud and Violence which for the most part occasion'd their Suits how impatient of Injuries and Wrongs done them how desirous of Revenge how Covetous and Worldly-minded how very Litigious and Quarrelsome they were Upon which accounts the Christians were exposed to their scorn and derision and their very Religion brought into contempt and scandal as if it authorised or permitted such Irregularities and Disorders And therefore our Apostle for the avoiding of Scandal and for fear of giving Offence

they must be govern'd by those who are not of their Religion by such as are either enemies of it or at least no good friends or well-wishers to it And then what favour or kindness or protection could they expect from them Nay would not their condition be rather very calamitous and deplorable Would Magistrates and Judges who are no Christians give encouragement or countenance to the Christians Religion Would they promote the real Interest of the Church of Christ and make it prosper and flourish 'T is scarce imaginable that they would It was under the Government of Heathen Rulers that the Primitive Christians suffer'd the greatest Persecutions nor could they hope for or expect much Peace and Prosperity till Christianity became the Prosession of their Kings and Emperors It is therefore for the good of Christians for the benefit of Christs Church for the furtherance of his Gospel and for the encrease of true Religion and Piety that a Christian Magistracy is not only expedient but necessary too To which we may also add that a Christian is of all others the fittest person for so high a Calling and the better Christian a Man is provided that in other respects he be but duely qualified the more fit he must needs be for it as by instancing in those Christian Vertues which are the great Ornament as well as the necessary Endowments of a Magistrate might be easily proved were it necessary to be done I come therefore now in the Third place Thirdly To consider the Matters that may be brought before Christian Judges which according to my Text are said to be things pertaining to this Life and those are commonly of two sorts whereof the first are Matters of civil Controversie betwixt one Man and another engaged in Suits of Law with respect whereunto there are two things which I design to do 1. To consider how far and upon what accounts a Christian may go to Law 2. To shew with what Tempers and Dispositions of Mind a Suit of Law should be managed when there is occasion for it 1. Then I shall consider how far and upon what accounts a Christian may go to Law And this ought to be seriously observed and very well understood because there are some Persons so very scrupulous and nice as to think it utterly Unlawful for a Christian upon any account whatsoever to go to Law at all and others on the other hand are so very Contentious and Litigious that they will sue their Neighbour upon every slight and trivial occasion and pretend to justifie their doing so by alledging that the Law is open and free and think that they do no harm if they have the Law on their side Now in the first place that it is not Unlawful i. e. not sinful for Christians to go to Law is plain enough from this place of my Text where for the decision of emergent Questions St. Paul allows of Christian Judges He tells the Christians indeed in the 8th Verse of this Chapter that it was a fault that they went to Law But that may be supposed to be spoken with respect to their going to Law before the Unjust the Unbelieving Magistrates which is the chief thing which in this place he reproves them for Or perhaps it was because they impleaded one another for small and trifling accounts such as might easily have been put-up and past-by However it be he calls it but a Fault i. e. a defect or a failing but not such as can be accounted a Sin He does not call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a diminution or a less degree of Christian Perfection and that is all that is meant by those words But then on the other hand although it be true that the Law is free and open for all Persons and that the Christian Religion hath not absolutely forbid Christians to go to Law yet it is certain that it doth not become a Christian to take all that advantage which the Law will give him nor to have recourse unto it upon every petty wrong or slight injury done him It is very much distant from the meekness and forbearance and gentleness of a Christian to commence a Suit or to contest with his Neighbour for mere trifles There are many sorts of small and supportable wrongs and injuries which a good Christian ought to forgive and put up without appealing to the Laws for redress It is more becoming a Disciple of Christ to bear with some Damages to over-look some Trespasses and even wholly to forgive inconsiderable Debts then to trouble Courts of Justice about them Nor can this I hope give any Reasonable Cause of Offence to the Gentlemen of the Law whose Profession I honour since they themselves cannot but be offended to have Matters brought before them which are unworthy of or below the Gravity of Laws and the Solemnity of a Court. Besides it is but what is agreeable to our Lords Doctrine in the 5th of St. Matthews Gospel ver 39 40 41. where he obligeth all his Disciples and Followers to remit all smaller and tolerable Injuries so as not to make them Matters of Complaint or seek for a Legal Reparation whether they be such as concern our Body and Reputation or our Goods and Possession or our Freedoms and Priviledges But now although the Christian Religion obligeth us to forgive Injuries and Wrongs and would not have us prosecute all sort of Offences although it restrains a Man from making the utmost advantage of Humane Laws and allows him not to sue his Neighbour upon every trifling and pitiful account yet it leaves every Man free to seek for redress by the benefit of the Laws for great Wrongs and less supportable Injuries done him or even to secure himself against them in case he be threatned with them or have just Cause to fear them There is no doubt therefore but that when great Injustice is offered or considerable Damage is done us it is Lawful to provide for our Security against the one and to endeavour to repair the other by a due Course of Law But besides the Cases of great and considerable Injuries 't is certain also that is Lawful to appeal to the decision of the Law in Cases of Disputable Right when the Matter is of great weight and moment For Men do not always go to Law because either Party hath done Wrong to the other thou that oftentimes is the occasion of most of our Suits but because neither Party can determine the just Right and Title to the Thing they contest about so that each Party thinks himself in the right and neither of them hath wronged the other Now in this case the Law is the fittest and indeed the only Umpire betwixt them and if the Matter cannot otherwise be decided recourse may Lawfully be had thereto We may then go to Law upon great and weighty accounts such as are great Indignities and Wrongs for our

guard against them for our reparations of them for the recovery of our just Rights and for a Legal determination of what is right or wrong in Disputable Causes that are or may be of great concern to us And in vain it would be to have either Laws or Magistrates if this use might not be made of the benefit of those and the ministry of these 2. But Secondly be the Case what it will upon which we enter an Action at Law or be the occasion of it never so justifiable yet we ought to take great care that we manage it with due Tempers and Dispositions of Mind First then 1. In the commencing of every Suit at Law we should in the first place consider that by Christian Charity we are obliged to manage it with all possible calmness meekness and kindness forbearing all manner of uncharitable Invectives bitter Railings and malicious Accusations of one another We should quietly leave the Matter to be fairly and equally decided by a due Course of Law and the Sentence of the Judge And in the mean time we should embrace one another with a friendly and courteous Behaviour and amicably converse together It is without doubt Lawful for any Man to sue for what may be his own or what he thinks to be so especially if it be a matter of concern and will admit of no other decision But then to proceed in it with a rough and surly Demeanour to bespatter each other with scurrilous and spightful Words to raise Reflections and foment Suspicions extrinsecal to the Business in dispute is neither the right way to obtain the Cause nor agreeable to that Charity which the Gospel enjoyns us 2. Moreover in all Suits of Law we should discharge our Minds from all inclinations to Revenge and beware of a bitter and passionate Spirit We must not hale our Adversary to the Bar of the Magistrate on purpose to be revenged on him but to right our selves and redress our Wrongs nor must we design any more harm to him than what is necessary for our own Lawful Vindication and for the ends of Publick Justice 3. We should consider also farther that it is not becoming us either as Christians or Men when we have carried the Cause and got the better of our Adversary insolently to boast and triumph over him We should not mock or abuse him nor aggravate his loss by reproachful or scornful Language We should rather remember and observe the Advice of Solomon Rejoyce not when thine enemy falleth and let not thine heart be glad when he stumbleth Prov. 24.17 4. Lastly it is the duty of both Parties in all Actions at Law to rest satisfied with the definitive Sentence and Determination of the Judge He that hath obtain'd his Cause to be sure will he that hath lost it in right Reason and Prudence ought to do so too He should be patient if he thinks himself injured and charitable if he be wronged He should not envy the Adversary that got the better nor murmur at the Jury that brought a Verdict contrary to his mind nor suspect the Integrity of his Councellour as if he had not pleaded for him to the best advantage much less speak ill of the Judge that gave the Cause against him He should quietly sit down and submit to peace if he thinks his just Cause is rejected and oppressed His just Cause Nay he should rather suspect his own Judgment and conclude that his Cause was neither right nor just but that he himself was in the wrong since in a Court of Justice before Wise and Understanding and Impartial Men the Cause was carried against him Thus humbly and meekly should he carry himself rather than rail at or accuse any of the adverse Party and he should depart the Court without regret and quietly rest contented with the loss of his Pains and Cost To do otherwise will but discover a revengeful malicious Spirit inconsistent with the meekness and patience and humbleness of a Disciple of the meek and the patient and the humble Jesus And thus much may suffice to be spoken with respect to the first sort of Matters that may be brought before a Christian Judge or Magistrate and those are Matters of Civil Controversie betwixt one Man and another engaged in Suits of Law 2. The second are Criminal Matters or things done contrary to the Laws by such Offenders and Evil-doers as are to be punished according to their deserts with respect to which I shall shew the Reasonableness and the Necessity of it Now although it be true that the Christian Judges of whom my Text speaks had not the Power of Judging in Criminal Matters nor of punishing Offenders with the Civil Sword because the Civil Power was at that time in the hands of the Heathens yet when a Nation is become Christian and the Civil Power is lodged in the hands of Christian Magistrates 't is but very fit and reasonable that they also should have the cognizance of Criminal Matters and award Punishments according to the Malefactors deserts Without this Power the Christian Common-wealth could not subsist in safety nor the particular Members of it be protected from Violence and Oppression And therefore even a Christian Ruler hath the Power of the Sword committed to him which he ●eareth not in vain for he is the minister of God a revenger to execute wrath upon him that doth evil Rom. 13.5 And the Governours or Magistrates who are deputed and delegated by him are sent for the punishment of evil-doers as well as for the praise of them that do well 1 Pet. 2.14 And though there be a Judgment to come hereafter when the Wicked shall be condemned to endless Punishments for the Crimes they have committed in this Life yet for the security of Publick Peace and Order in the World it is not safe to leave Men to Terrors at such a distance but to commit to Magistrates the Power of executing Vengeance on Evil-doers here that others by their Examples may learn to do well at least that they may be with-held from offending for Wrath if not for Conscience sake Now there are divers sorts of Criminal Matters that may be brought to the Bar and several sorts of Offenders against the Law that reasonably may and most justly ought to be punished by it But of all sorts there are some so notorious and so very remarkable that I cannot but mention them not barely to excite the Government against them but to shew the Justice and Equity of its Proceedings in Punishing them together with the Reasonableness and the Necessity thereof and to deter others from following their pernicious Examples 1. The first sort of those Offenders which I shall take notice of are those amongst our selves who being the natural born Subjects of this Land do most unnaturally endeavour to disturb our Peace by Commotions and Rebellions who seek to subvert our Laws and Government by promoting a Foreign Invasion and to that end and purpose

to the Enemies of the Church had great Reason to forbid them going to Law before the Unbelievers and making their Appeals to the Bar of Heathen Judges In which prohibition he may be conceived to have had respect to a common and known saying amongst the Jews viz. That he who prosecuteth an Israelite at the Tribunal of the Gentiles profanes the Name of God Besides there is one thing farther to be considered in the case namely That the Heathen Judges being already sufficiently prejudiced against the Christians when they had them in their Power by having them at their Bar they would be sure to treat them with the utmost Rigour and Severity Nay moreover they by being Heathens and Unbelievers might be presumed to be also Unjust in the strictest sense of the word like the unjust Judge in the Gospel who neither feared God nor regarded man Luke 18.2 and then what Justice or Equity could the poor Christians expect from them And therefore St. Paul had good Reason to say unto them Dare any of you having a matter against another go to law before the unjust and not before the saints rather There may be also another Reason why he forbad them to appeal to Heathen Judges and that was because it reflected upon the Wisdom and Authority of the Church and look'd as if none of themselves were worthy of or fit for such an Honour therefore saith he bring not your Causes to be try'd before the Infidels give them not that occasion to triumph and exult over you but if you must go to Law let it be done before the Saints And this prohibition we must look upon to concern chiefly the Plaintiffs who are not bound to sue and not to belong to the Defendants who if prosecuted are bound to stand to Tryal Secondly And thus I come in the second place to consider the Reason which our Apostle gives why a Christian may be a Judge why he should undertake the Office of a Civil Magistrate For although there needs no Reason to be given for it the thing it self being so very evident and plain the general practice whereof declares its Reasonableness and Necessity too yet that which the Apostle gives is a very considerable one and deserves our particular remark and that is Because the Saints shall judge the world yea even Angels themselves For do you not know saith he that the saints shall judge the world And if the world shall be judged by you are ye unworthy to judge the smallest matters Know ye not that we shall judge angels how much more things that pertain to this life Now the proper signification of Saints is Men of Holiness such as were all the Faithful Servants of God under the Old Testament such as all under the New are supposed or required to be And being that all Christians are called unto an Holy Calling and without great and apparent Reason to the contrary ought in Charity to be presumed to live answerably to their Calling therefore they may very well be accounted and called Saints And although it be true that not all who are called Saints shall hereafter judge the World but they only who have lived according to that Calling yet if any shall the Argument holds good that therefore they may be Judges and Magistrates here For the better understanding of which it will be necessary that we should consider what kind of Judicature the Saints shall exercise and in what sense they may be said to judge Now although there may be several ways whereby this may be understood yet waving all the rest as thinking it needless to trouble you with a particular enumeration and discussion of them I shall at present mention but one as being most plain and natural and most apposite to what St. Paul intends and that is this viz. That when our Lord Christ who by Gods appointment is design'd to be the Supream Judge of all the World when He shall descend from Heaven at the end of the World to judge the Quick and the Dead the Saints of God shall first be judged and absolved themselves and then be assumed as assessors unto him and bear him company in Judging and Condemning the rest of the World that is to say all Wicked Men and all Apostate Angels This Explication seems to be the most Reasonable and is what the best Expositors are agreed upon and which seems to be the meaning of what our Saviour said to his own Apostles when he told them that when He the Son of man shall sit in the throne of his glory they also shall sit on twelve thrones judging the twelve tribes of Israel Mat. 19.28 Now if the Saints of God if Christians who have lived here according to their Holy Profession if they in the Great and Final Judgment of all the World shall be vouchsafed that Honour as to be Assessors with Christ and to sit in Judgment with Him on the Wicked World if they shall have any thing to do in matters of so high importance they may Reasonably enough be accounted worthy to have the Judgment of inferiour things committed to their trust well may they take upon them the Power and Authority of Judges and Magistrates now who shall hereafter be concern'd in adjudging the Eternal Being both of Angels and Men. This is that Reason which St. Paul gives why a Christian may be a Judge why he should undertake the Office of a Civil Magistrate and if there be any who are yet unsatisfied with it if there are still any so unreasonable as not to admit of a Legal Magistracy amongst Christians other Reasons there are not unworthy our Consideration that may be alledged for it For 1 st We find it no where mentioned in the Gospel of Christ that so high and useful a Calling is inconsistent with the Profession of it And if it were Unlawful for a Christian to bear that Office we may be sure that either Christ himself or some of his Apostles would have expresly forbidden it Which being they have no where done we cannot but conclude their Censure rash and foolish who do condemn it Nay so far is the Christian Religion from interdicting it to Christians that there are many things in it which make manifestly for it All Civil Magistrates and Rulers are by St. Paul said to be the Ministers of God Rom. 13.4 even they who do not profess the Faith of Christ much more Reasonably therefore may they be esteem'd so who really do We read in the New Testament of some Eminent Persons in great Power and Authority who were Disciples of Christ and converted to his Religion but we no where find that they laid down their Offices when they became Christians Besides if there were to be no Christian Magistrates or Governours or Judges amongst Christians they must then either be exposed to all the Confusion and Disorder which an ungovern'd Society is lyable unto which we cannot imagine that our Lord did ever design they should be or