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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
with the commission of Christ to preach what he commanded but with a new Commission to preach what the Prince and his Commissioners should allow and was all this done with intelligence according to Principles of Christian Religion or have not all this striving to keepe the Ministers of the Gospel under come from a more corrupt fountaine that they might not be bold to preach against their corruptions or lay on the yoke of Christ too heavily on the necks of Kings Princes and People or hath not this been the consultation spoken of in the beginning of the Psalme let these words of the Psalmist Let us breake their bands asunder and cast away their cords from us receive a possible sence Cornerus saith these bands are the bands of Christ his Ministers Martinius saith Cornerus C●●isti L●r● Mi●●str●●um Martinius difficil● est in submitter● docend●s quibus ips● so pr●fectes judica●● it is a hard matter for men to submit themselves to be taught by them over whom men conceive themselves to have power Let us can the Kings of the earth be sensible of any yoke of Christ but by the preaching of the Gospel how can they cast off the yoke of Christ but by saying to the seers see not but by dsepising the Ministers of the Gospel and taking order that none should preach but such as please them and in such manner as they please was this done to advance Christ that preacheth by his Ministers to keepe them under that they may not boldly speake the minde of Christ nor communicate their Doctrine according to their Commission Let it be considered whether Ministers ever had incouragement to preach the Gospel without the feare of men for though it be the duty of a good Minister to preach the word notwithstanding any feare yet it is the duty of those that receive the Gospel to see that the Ministers be without feare If Timothy come see that he may be without feare 1 Cor. 16.10 for he worketh the worke of the Lord were not Bishops nursed up to keepe the Ministers of the Gospel from speaking boldly in the name of Christ was not this their stile no Bishop no King I never heard no Bishop no Christ but had they relyed on Christ and heard Christ freely speaking to them out of the Gospel he would have kept them safer then the Bishops did and I dare boldly say no honour and freedome given to the Ministers of the Gospel no Christ received in that common-wealth men dare not say Christ is proude a course must be taken to bring Christ a little lower but Ministers are proud they must be taken downe they must come under the Gentry if that be the end of taking downe the Bishops to make the Clergy below the Gentry I would faine know by what Principle must wealth needs be of more esteeme then Religion but let these men speake plaine and tell us they will bring Christ below the Gentry indeede I have heard a Gentleman that had some influence on the placing of a Minister in a Countrey Church should say he skorned any Minister should be so saucy as to tell him his faults and surely the carriage of the Gentry have beene such as if they were above the commands of Christ I cannot but say the Clergy as well as other men may have their personall infirmities some of them may be proude but in reference to divers that object pride unto them they may much more truely be condemned of basenesse in discharge of their duties then of pride though I confesse that many that were base enough where they should be bold were proude enough where they durst It is plaine that Court and Countrey have ever had a desire to keepe downe the Clergy partly for that they having fed themselves fat with the Abbeis have ever since desired another bit and partly to obtaine a greater freedome to sin against God but if casting downe the Ministers of Christ be the shaking off the yoke of Christ and keeping them under that they dare not speake as men in the roome of Christ be the sin of Kings and Rulers in this Psalme then certainly it hath been the cause that many have been turned into potshards by the iron rod of Christ and give me leave to call upon Kings of the earth in the words of my Text. O yee Kings understand your owne condition in respect of Christ you must serve the Lord in feare and rejoyce to him with reverence All your goods are nothing to Christ but to his Messengers that are in the earth you cannot honour Christ but in them that come with the Gospel incourage them to study the Scriptures and discharge their duties in the name of Christ Luk 10.16 if heretofore ye have used any meanes to stop their mouthes to keepe them under either by making them dependant or otherwise now yet at last while there remaine any part of hopes honours and persons unbroken set your hearts to encourage Ministers in their duties God will not leave a cup of cold water unrewarded that is given in the name of a Prophet what you doe do it to them in the name of Prophets not in the name of Servants Flatterers Supporters of your States God hath begun now to shew his displeasure there is cause therefore you should now understand that is adhere to the Principles of Christian Religion and then advise with your Councellours the Judges of Judges or Judges of the earth the gravest the most interrested and intrusted Councell the Judges in your Parliament Let your ends be right grounded on principles that make for the honour of Christ otherwise your best Councell in the nature of Councell is worst in its morall consideration Achitophels counsell that was as from the Oracle of God 2 Sam 16.23 was morally no better then that an ambitious and trayterous Son should kill a Royall King and loving Father never refuse that for the end of your actions that is represented to your understanding as an undeniable truth and then take advice of your greatest and wisest Counsell In the multitude of Counsellors there is safety If Rhehoboam had followed this advice Pro. 15.22 his Kingdome had not shrunke from twelve Tribes to two as it did and now my Text doth charge the King to come to his Parliament and with them to submit to the yoke of Christ as a Minister of Christ I ought to declare the minde of Christ as a Subject to his Majesty I ought to seeke his advancement he shall thereby obtaine the priviledge of such Kings as are Kings his in the Church of God this was Davids priviledge that his Kingdome was upon Sion and hereby God made him first borne higher then the Kings of the earth It is a preferment to a King to be a servant to Christ and his only safety against the disappointment of his actions Psal 89.27 and the perill of his person I beseech your Lordships to hearkē
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
off the bonds of subjection to God and Christ Vossiu●in minuu cont-oversis 〈…〉 ex●a●●tio●e p●●● rile s●igidum looke to it Kings and Nobles Kings and Judges have a care of your charge or yee will be broken in peeces yee will provoke the Lord to anger and all your purposes frustrated and your persons destroyed you have a great inclination to forget me in regarde of your greatnesse therefore I charge you to beware 2. Reason God hath committed the care of his people to them that they should seeke their good he is the instrument of God for thy good Rom. 13.4 God doth not so set Kings and Princes over his people as to have no care of them himselfe But he committeth his people to them so that he looketh to them himselfe he giveth them their charge and taketh account of them because their inferiours cannot doe it so easily God doth charge the King himselfe Deut. 17.18 to have a care that he write him a booke of the Law He taketh account of the Princes of the wrong done to his peaple Esay 3.14 15. The Lord will enter into judgement with the Ancients and Princes for the wrong done to his people for yee have eaten up the Vineyeard and the spoyle of the poore is in your houses What meane you that yee beate my people to peeces and grinde the faces of the poore doe you thinke I will take no account of this will you be broken in peeces with the iron rod It belongeth to God as supreame to redresse all the abuses of the most absolute Princes and Magistrates on the earth Appeales come to him like the cry that came from Sodome no miscarriages shall escape him 2 Cron. 16● The eyes of the Lord run too and fro throughout the whole earth to shew himselfe strong in the behalfe of him whose heart is perfect towards him And therefore doth the Prophet David appeale to God Psal 82.8 Arise O God and judge thou the earth if men will not the Lord of Hoasts will his Hoasts shall 3. God doth especially charge Princes with their duty of subjection because they have a great influence upon the people 2 King 10.31 especially to evill Jereboam the Son of Nebat made Israel to sin if Princes Kings and Judges be wicked they shall not want instruments to forward their wickednesse 2 Cron. 21.3.6 4. If David will have the people numbred Joab will act it though against conscience he said why will the King be a cause of trespasse and in 6 verse the Kings word was abhominable to Joab yet in 4 verse the Kings word prevailed with Joab Dan. 3. If Nebuchadnezzar set up a Golden Image none are found that withst and it but Shadrach Meshach and Abednego Esay 9.16 the leaders of this people cause them to erre and they that are led by them are destroyed Therefore God chargeth Kings with their duty for the safety of his people 4. If sins be committed as long as Kings and Princes execute judgement the wrath of God is appeased toward that Nation Numb 35.33 Blood defileth the Land and it cannot be purged but by the hand of him that flew Phinehas hath turned my wrath away from the Children of Israel Numb 25.11 then stood up Phinchas and executed judgement and so the plague ceased Psal 106.36 Vse 1 Information that Kings and Nobles are neerely linked together in the government of Nations God doth not charge Kings alone but Kings and Judges Kings and Nobles the businesse of Governement is to weighty to be undergon by one man alone There are two speciall duties of a King the duty of war and the duty of peace in both which he must necessarily have the assistance of Nobles Let all Histories be examined and yee shall see that in getting and governing of Kingdomes Nobles and Worthies had an especiall hand in raising Armies in managing Battles in judging the people Moses was weary of judging alone though the people over whom he ruled had been slaves he had beene the instrument of their delivery and God did appeare to and for him upon all occasions therefore if any man might governe alone Moses might doe it by such speciall assistance of God but when Iethro saw Moses sitting in judgement alone Exod. 18.17 he was plaine with him and told him the thiug was not good and advised him to take helpe or else he must needes tyre out himselfe and the people Againe in stilling the rage of the people the assistance of Nobles hath beene alwaies needfull Kings desiring all power into their owne hands make themselves unable to keepe their owne Courts from oppressing their Subjects or content their people by meanes whereof people have often beene inraged against their Governours Numb 11 1● Moses complained to God that the people murmured against him that he was not able to beare their murmurings and of the danger he was in desiring God to kill him that he might not see his wretchednesse that is that the people might not fall upon him in a m●●●rable manner and destroy him D●● dat For the remedy of which evill the Lord prescribeth this vers 16. gather together seventy men of the Elders of the people whom thou knowest to be Elders and Officers over them and bring them to the Tabernacle of the Congregation and they shall stand there with thee these were the Officers that the Lord appointed to assist Moses in time to come against the rebelli● the people these Moses must gather togather in the great Counsell where yee may see of what number and sort of men these must be they must be seventy a set number not too many for feare of diffention not too few for feare of partiality yee may further see what manner of men they must be Officers over the people before they were called to the great Counsell 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Icrom Jerom calleth them prafectos qui docerent ves singula and the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistres Indicibus vestris Masters of your Judges Implying that these that sat in this high Counsell to helpe Moses against the commotions of the people must be high in the peoples estimation and must have the power of the sword in their owne hands in their severall Tribes whereby they might execute their judgements and by their authority stop the rage of the people Without power all judgements were fruitlesse and voyd Tollet de cas 〈◊〉 lib 5. cap 56. J●d●n habeat petellatem 〈…〉 formam vi●● Iudge Dodrig●●itle Earl● to what end were judgements if the Judges had not power to put their judgment into execution and therefore in this Kingdome had Earles the third part of their Counties to make them high in the eyes of the people they were great Commanders c●●es and c●●itatus were relatives every County h●d an Earle and no more and Barons had their Baronies honorable revenue and
that is not grounded on some Principle of humane understanding God hath given man understanding to rule all other faculties of the soule if man shall act any thing that is not first well digested in the understanding that is brutish and therein men act not as men but as beasts and therefore the Scripture doth resemble those actions of men wherein they transgresse the Law of God and right reason to the actions of beasts Psalm 32.9 Ier. 5.8 Be yee not like Horse and Mule which have no understanding They are 〈◊〉 fed Horses every one neighing after his neighbours wife now if all actions ought to be guided by reason or else they be beastly the judgements of Judges if without rule must needes debase them far below their condition 2. That judgement that hath no better ground then a Judges opinion Aquin. 22.5 e. 1. Omni● scientiae habetur p●r aliqua pr●●●pia per s●●o●a hath a very fraile foundation Judges must be learned not willfull and imperious● but learning is habitus acquisitus men are not borne learned nor can become ●o without diligence and study now science is the knowledge of conclusion which depend on certaine Principles knowne by themselves which are delivered and received in the science that is studied the rules of a science are not uncertaine lyable to mistake nor subject to the wills and affections of men quā minimum relinquendum non judi●ibus propter affectus the Lawes ought to be cleere fully and plainely delivered things may be set downe as cleerely in matters of Law as in any thing Lawes are not conversant about unknowne motions of Sta●s and Spheares nor in the Mathematicall speculations of accidents remote from matter but the manners and actions of men visible sensible apparent actions Againe they ought to be expressed in words whereby men are able to expresse their mindes most fully therefore Aristotle saith Quod Lex non potest exprimere 〈◊〉 h●m● quidem potest that which the Law cannot expresse that man cannot expresse that cannot be sayd to be learning that is contained in the mystery of one or some few mens abilities but that which is in praeceptis scientiae traditis which is made common and publique for every man to study such ought the learning of a Judge to be that it may be rationall certaine and not subject to lust Thomas Aquin. 12.98.1 c. Lex bona quia consonat rationi and this the Lawyers professe the Law is reason but being prest with this argument if the Law be reason then men that are not bred Lawyers must understand it they answer it is reason to him that is learned in the Law what doth the study of the Law change the nature of the man reason cannot agree to a man quatenus a Lawyer bu● quatenus a man that cannot be said to be reason which a man cannot understand unlesse he be a Lawyer this were to make a Lawyer differ specie from another man 2. Reason why Judges must be learned because Judements are matters of the highest concernment in the world and that in two respects First because they procure the favour or displeasure of God Pro. 2● 3 Esay 5.7 and 5● 15. to doe justice and judgement is more acceptable to God then sacrifice therefore the Prophet saith that Go● looked for judgement but behold oppression the Lord saw it and it displeased him that there was no judgement 2. They are of highest concernment to humane society they are the causes of peace and war Am●s 5.6.7 Seeke the Lord lest he breake out like fire and divoure you ye that turn justice into wormwood War is the breaking out of the Lord upon an unjust people I dare say had the judges walked in judgement according to the petition of right punished those that first tooke monopolies tunnage and poundage not exacted because not granted in Parliament or the exacters punished in judgement Shipmony not judged to be Law contrary to Law it had been impossible to have brought the people into such a distemper as to fall one upon another the fault was laid upon the Bishops and Clergy of the land I will not excuse them as far as they had any hand in overswaying the judges putting downe the good ones and setting up such as were servile and might easier be bent to serve the lust of the Court against Law or as they were active themselves in arbitrary Courts to the oppression of the people such as were the High Commmission Star-Chamber Councell-Table but this I dare say the most immediate causes of breach of peace have beene failings in judgement all failings in judgement are oppressions therefore is judgement opposed to oppression Judgement stood a farre off he that abstained from evill maketh himselfe a prey The robbery of the wicked shall destroy them because they refused to 〈◊〉 judgement Psa 5.7 and 56.14 Prov. 21.7 Yee see the Holy Ghost doth plainly affirme that refusall to doe justice is robbery and the cause of destruction 3. Subordinate Judges must be learned that they may discerne the flourishing of Rhethoricke and falacies in the arguments that are brought against the truth that hee may be able to judge rightly of a cause notwithstanding the industry and ability of an advocate advocates will be subtle and no cause can be so bad but it will find some to plead for it the divell will be sure to get as good counsell as he can he that pleadeth his cause shall have a double fee if the Judge be not learned he will often prevaile he knoweth if he can but pervert judgement by what means he careth not he shall promote wickednesse advance his kingdome and murther men which is Sathans delight therefore the Judge must bee learned to judge betweene plea and plea Deut 17.8 plea against plea make matters difficult in judgement the want of learning to decide them the cause of divisions this is the cause of civill dissentions when matters are put in execution with an high hand before they are peaceable and clearly determined in judgement I shall put you in minde of the great questions that were raised in the beginning of these troubles which were not peaceably and clearly determined in judgement objections were sent abroad among the people without the● answers which caused divisions among them 1. Concerning Power 2. Concerning Law Whether the King had power to call and break a Parliament or no the Lawyers logick was cleare enough for the King they had presidents enough That the Kings counsell had an hand in the call is most plaine by the Writ but whether this counsell were a select counsell of Lords and Commons some Lords some Commoners Secretaries of State officers of his Majesties houshold such as he should choose which as to the security of the Kingdome were as good as none or the Earles and Barons of the Kingdome or what power they had in this great businesse the learning of the Law did
Die Jovis 27. May 1647. Ordered by the Lords in Parliament that Mr. Hussey is hereby thanked for his great paines taken in his Sermon preached yesterday before their Lordships in the Abbey Church Westminster And he is hereby defired to cause the same to be Printed and published which is to be done onely by authority under his owne hand Jo Browne Cleric Parliamenter I doe appoynt John Saywell to print my Sermon William Hussey 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 Chesilburst in Kent HEB. 13.16 But to doe good and to communicate forget not with such Sacrifices God is well pleased LONDON Printed by Thomas Harper for Iohn Saywell and are to be sold at his Shop in Little Britaine at the Signe of the Greyhound 1647. TO The right Honourable the Lords assembled in the high Court of Parliament Right Honorable WHen God is pleased to doe any singular worke Kek. lib. 3. Eth. 5. Cap. 19. either to lay the foundations of Kingdomes or restore those that are shaken to their integrity he stirreth up heroick spirits to performe it great workes must be effected by powerfult causes Now those that are of heroick spirits are led with vehement desire and love of some excellent end and lift up their minde to the last and chiefe end even to God and holy things to the highest pitch of honesty that so they might preferre the publique good before the private by a certaine high prerogative when desire is found in heroick natures men will walke with incredible constancy so as that they cannot bee inticed from their proposed endeavours by any pleasure or hindered by any troubles and difficulties N●●ue censebat civitatem felicem stantibus maenibus mentibus mo●ibus Ang de civitate 〈◊〉 libro 2. c. 19. cap. 〈◊〉 that Common wealth is not happy whose manners are destroyed In caelesti nepublica Dei voluntas lex est in an holy Common wealth the will of God is the Law unto which all the members of a Common-wealth must consent Ut ex sonis harmonia in musica sic ex summis mediis infinis concordia in republica As harmony in Musicke is made of diverse sounds so is a Common-wealth made of the concord of three states The differences that arise betweene the Prince and people must be brought to concord by the third and therefore Aristotle saith Arist eth 8 c. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as large as any society is so large is friendship and Kekerman Amicitia simpliciter necessaria ad vivendum men cannot live without friendship Ier. 29.7 Seeke the peace of the City whither I have sent you captive pray for it for in the peace of it yee shall have peace Kek. lib. 1. c. 3. And Psalme 122.6 Pray for the peace of Jerusalem they shall prosper that love thee and this is the order that God hath set in nature that Gods Lawes should be above all humane Those that are publicke above private that which doth simply respect that which is honest before the publick good You see men must preferre the publike good before the private good because every mans own perticular safety is lapped up in the publique peace but men must preferre God and truth or honesty before themselves but you may see that this is more then an ordinary degree of morall vertue to have an heroick and publique spirit Men naturally when they have power seeke themselves that is a divine and her ick resolution when they that have power in their hands shall use such moderation as not to make any use of it to their owne ends and opression of the publique When every part of the kingdom may have their due then certainly the sword is in a good hand But this is and hath been very rare when heret●●ore the flatterers at Court did perswade his Majes●y that all power was in his hands though indeed the orderly and just use of the Sword was to be exercised by and under the Courts of justice yet in those times the Courtiers did perswade his Majesty to carry too strict a handover his Commoners and not suffer them to plead their priviledges and liberties as in justice and equity they should have been permitted and therefore God was pleased for a time to let his Majesty see that it was in his power wholy to have wrested the Sword out of his hand then there was an opinion passessed the Commons that they had gotten the Sword And now againe it commeth into confideration whether they were not over strict in keeping the King and Lords from pleading their rights in a peaceable and friendly way I humbly and heartily wish that the Houses would both agree to settle the power and priviledges of Parliament in such a friendly way as may conduce to peace that no part wight make use of their power and interest of the people to assume to them more then of right doth belong to them to the prejudice of the other pa●ty power is a most uncertaine thing where it is not regulated by wisdome and Law that some course may be taken for the punishment of all delinquent subjects of what ranke soever and accordingly it might be regularly administred a course is plaine which way a Lord way be punished by way of impeachment but which way a Commoner of criminall is not yet cle●re which I am confident hath given this boldnesse to the Army to break out in this extraordinary way And now I shall take the boldnesse to informe your Lordships a word or two touching this strange accident that hath lately happened from the Army First I say they are the rod of God which is nothing to the justice or unjustice of their proceedings and that so farre as they shall desire that course may be taken that the proceedings of Parliament may be put in a forme of justice that may afford a speeay tryall of such Members of the House of Commons as shall be criminall that may have a facile and speedy progresse and determination before competent Judges And I hope the Army will be content to informe what they can in a judiciall way against these Members they complaine off and not desire that any judgement of suspension or otherwise may bee passed against them without tryall They professe themselves just men I hope therefore their demaunds as somewhat the more large for that they saw no way open for their tryall and for that none have yet been punished which if the way were opened not onely they would be content to walke in the common path and others that deserve it may be punished as well as they the Members themselves made more wary the people receive satisfaction and a loving peace confirmed Which God grant Your Lorships Servant William Hussey PSALME 2.10 Be wise now therefore