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A46828 The magistrate's duty in a sermon, preached at Saint Crux in the city of York, on Sunday, August the 16th, immediatly after the reception of the charter, and the swearing of the Lord Mayor and Alderman / by Chr. Jackson ... Jackson, Christopher, 1638-1701. 1685 (1685) Wing J68; ESTC R22682 14,480 34

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seventy giving us hereby to understand that they were alwayes to be reputed a part of Moses so that he did hear and see and reward by them This hints to inferiour Magistrates that they should be faithful and true to their Prince and do every thing to promote his Interest Honour and Profit None will enable another to harm and prejudice him 2. Secondly let us examine what good and evil Works import Here the Effect is put for the Cause the works for the Workers of them for the Works themselves are not capable of such impressions Now Good Works to which evil are contrary are what are enjoyned by God agreeable to right Reason the dictates of Nature have the common consent of Civilized Nations and are profitable to Church and State the wholesome Laws and good Constitutions the approved Ordinances of any Kingdom City or Corporation are herein comprhended All vertues and excellent practices as Justice Temperance Chastity Charity Peace are intended by it Omnia recta utilia conjuncta cum Legibus as Tully specifies them are included As far as mens Duties to God and man concern the publick tranquility and settlement they are cognoscible by the Magistrate what is pious and sober what is orderly and laudable is to be upheld and countenanced by those that are in Authority what is prophane and unmanly unjust unnatural unmerciful is to be punished and restrained From this by the way take an Inference or two 1. First That it is the Works more then the Persons that the Rulers are to take notice of neither the greatest nor the least are to be spared when Criminals Thou shalt not as Levit. 19.15 respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour In Deut. 1.17 it is Ye shall not respect persons in Judgement but ye shall hear the small as well as the great ye shall not be afraid of the face of man for the Judgement is Gods A Person if guilty and obnoxious is not to be spared because he is a Relation a Friend or Benefactor or in an high or low condition and if he be deserving and well qualified he is to have suitable encouragement and recompense tho' he be a Stranger no Friend Kinsman or Patron It is the Cause and Merits ● that they are to be guided by in their Sentences Decrees and Rewards they are to deal Impartially and indifferently in all their Inquiries Examination and Counsels It was not the greatness and quality of the Offenders that could dishearten Phineas or Nehemias from using sharpness and severity towards them 2. A second Inference from this manner of speaking is That Power is abused when what is lawful is prohibited or what is unwarrantable is imposed It is a saying of Tertul. that Legis injustae honos nullus est No Reverence is payable to what is Illegal Here the highest Power doth interpose they are injurious to none that prefer God before all None have warrant to punish any thing but what is evil in it self or by its Circumstances the Time the Place the Means may spoil an Action otherwise very commendable and so the best Matter because not well done may deserve chastisement and reproof the Almsgiving the Praying the Fasting of the Pharisees are greatly censured by our Lord. However It is bad Deeds that are to be proceeded against he that thro' Flattery or Covetousness or Revenge hath regard only to himself or to some of his Companions or Allies without equal Justice to all according to the Laws of God Nature his Conscience and Countrey that pusheth on forcibly to overthrow anothers Liberty and Property is cruel and Tyrannical for in so doing he ceaseth to act in the Capacity of a Publick Person and takes to him the Affections incident to a private Man and exceeds the limits of his calling and is a very naughty man 3. Thirdly Let us see what it is for Rulers to be a terrour to evil Works that is to Evil-doers It is so to strike aw into them that they may not dare to transgress by Threatnings Pecuniary-mulcts Fines Imprisonment and other ways and methods of Correction to deter them from or to punish them for the commission of Evil. Tho' a Ruler cannot alter their Dispositions make them good cure their impetuous inclinations yet he may obstruct their bringing them to light They are so affrighted that they will not publish them their sawcy Impudence is kept in their Mouths are muzled their Tongues tyed their Hands held that they do not break out into filthy opprobrious language into outrages foul enormities and villanies they are as some wild Beasts in Chains preserved from doing mischief their lusts rage and Boyle within but come not abroad for fear of the stroak of Justice I shall having made this way to the Words offer thence this Proposition That it is the Duty of all that have Authority to hinder men from and to punish them for evil doing Or Evil-doers are to be restrain'd and terrified by Magistrates Tho this be equally applicable to Parents Masters Bishops Generals and other Superiors according to the extent of their Authority yet I shall setting aside Oeconomical Ecclesiastical and Military Governours principally refer it to those that are Civil and political in opening the point before us For the Explication whereof I shall 1. Evidence That it is the Duty of Magistrates to terrify and punish Evil-doers 2. I shall inquire what Evil-doers in particular they are to punish and restrain they are to be a terrour to 3. I shall direct how they must terrifie and punish Evil-doers 4. I shall shew what Rules are to be observed that they may terrifie Evil-doers 5. And Lastly I shall propound some perswasives to induce Magistrates to perform this Duty namely to be a terrour to Evil-doers thence I shall pass on and add some Inferences by way of Application 1. First I shall evidence that it is the Duty of Magistrates to terrifie and punish Evil-doers This will be evident two wayes 1. This is the great Concern of their Office and Place they take vengeance in God's stead it is their trust they must not falsify it they are not to bear the Sword in vain the correction of Vice is the debt of Authority the Charge of David upon the account of Shimei after the Recital of his Crime is as in 1 Kings 2.9 Now therefore hold him not guiltless for thou art a wise man and knowest what thou oughtest to do to him but his hoar head bring thou down to the grave with blood It was but what he ought to do to such a Blasphemer and Reviler of Majesty He in vain as one saith here owns a Deity in Heaven that is so rude to his Image on Earth It is reported in Judg. 18.7 That the inhabitants in Laish liv'd in a dissolute careless manner for there was no Magistrate in the Land to put them to shame in any thing There was
THE Magistrate's DUTY In a SERMON Preached at Saint Crux In the City of YORK On Sunday August the 16th Immediatly after the Reception of the CHARTER and the Swearing of the Lord Mayor and Aldermen By CHR. JACKSON M. A. and Rector there Imprimatur Ro. Altham R mo P. D. Jo. Archiep. Ebor. à Sacris Domesticis YORK Printed by Jo. White for Francis Hildyard at the Bible in Stonegate 1685. The Preface to the READER THat the insuing Discourse especially in an Age so Learned and Censorious and in such a croud of good Books should be exposed to publick view will seem strange to most but to those Persons who can testifie that this was their choice and not mine For I profess that after a serious Survey I could find nothing in it to recommend it to the candid Interpretation of any Reader save that it was well meant and well tim'd If indeed because they did conceive it might tend to His Majesties Service was as I suppose the ground of their Request then I most readily submit to it for upon that account I can chearfully Sacrifice a better thing then my Reputation The Chief Design in Composing and Preaching this Sermon was to direct as well as I could on a sudden and in the midst of so much other Business the Magistrates that heard me to adorn that high Province to which they were graciously advanced by a most Just Wise and Mighty Monarch to call upon them to give God and their Royal Master what doth belong to them that themselves may have Countenance and Assistance from Heaven and the Crown If what is so plain and homely conduce to these excellent ends I shall greatly rejoice for the publication What was offered to the Ear is here presented to the Eye without the addition of one Sentence or to my knowledge often words in the whole I am confident that as far as is expedient it will be defended by them that brought it to this unexpected Trial whose Names had been prefixt to this Paper had not their singular modesty prevented it If after all this any do suggest that this is but a specious Pretence and the customary Stratagem to get into Print I must say that this is not the only untruth by a vast number which have ignorantly or maliciously been told of me And that I have learned long since to despise Detraction as a very Vnchristian Vngentile and Cowardly thing That God would in every Choice Action and Relation bless all the Magistrates of this Land and in particular those of this City and give them true Zeal for the true Religion hearts full of Loyalty to their Prince sincere affection to their fellow Christians and make them happy Instruments to do much good in their respective Stations is and shall be the earnest Prayer of C. J. THE Magistrate's DUTY In a SERMON c. Romans 13.3 the former part of the Verse For Rulers are not a terrour to good works but to the evil IT is well said by the Heathen Oratour That neither House nor City nor Nation nor Mankind nor Nature nor the World can subsist without Empire and Government all would return to its Primitive disorder and confusion a Kingdom would not be Populus sed Turba not a Company but a Rout the stronger would prey upon the weak and a Cause would be good because it had force to maintain it He therefore that made all the Universe thought it necessary to preserve it by Order which cannot be without Subordination and a Power for some to Guide Direct and if there be occasion to constrain the rest He hath Substitutes Delegates that share in his Dominion to see that what is amiss be rectified what is irregular be corrected These are to take care that all be kept in a good Decorum that Society and mutual Correspondence be encouraged and supported and that what would unhinge and undermine the whole be removed and supprest these are God's Officers Deputies and Vicegerents his representatives they are and as they must do nothing unworthy of him so they must have such deference and respect as becomes those that are in his stead If we look at their Original whence they derive their Power we cannot but yield subjection since it is from God hence they are stiled Gods that is by Analogy and Participation and this is the Argument in the two preceeding Verses it is dangerous to oppose God or not to acknowledge those to whom he hath given Commission In my Text Obedience is urg'd from the use end and benefit of Authority It is for the good of those that are enjoyn'd to be subject When 't is said That Rulers are not a terrour to good works it shews what they ought to be what is their Duty that mens welfare was God's design in the Institution as Governours and so long as they keep their station they are so It intimates too what usually they are they convey no little advantage to the Members of the Bodies whereof they are Heads it manifests likewise that all Rulers in some respect are very advantagious to the Governed It is still better then that all were left to their liberty and permitted to follow their boundless appetites and extravagant humours and imaginations 'T is more expedient that few then that all things be lawful tho' the Showers often do harm especially to particular persons yet the general good that comes from their Influence makes them absolutely necessary Before I go farther I will a little more examine the importance of the Words 1. First Who are meant by Rulers It is put for all that are intrusted with the making and execution of Laws whether Supreme or Subordinate and in the Scripture frequently stands in contradistinction to people The great Council the Sanhedrin consisting of seventy and the lesser advancing no higher then twenty three are sometimes noted by it Whether the Soveraignty be seated in one or more for substance it is the same under a different form the Titles are variable but the thing is essentially alike in all With us we must understand the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Higher and Supereminent Power and all that bear Office under him They are Authorized by him act in higher or lower Spheres in a larger or narrower compass as it pleaseth him They are as Slips and Branches derived from Him they are to do all for Him and in Him they can do nothing without Him and it is their Duty to do nothing against Him they proceed in His name and when they execute His just Commands to disobey them is to affront Him whose Ministers they are When Moses called the seventy to be Assistants to him as God had appointed him and to that end did qualifie them as we have it Numb 11.16 17. He saith not that he will take of his own Spirit tho' that which he took was the Spirit of God but he is pleased to call that the Spirit of Moses which he gave the