Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	justice_n	king_n	law_n	4,449	5	4.8812	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

to the second charge of my text which is your particular portiō be instructed ye Judges of the earth the charge that lyeth upon you is to be instructed the word signifieth castigare to bind instruct compell correct which discipline Lawes bonds punishments 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 your selves that you wander not and live after your owne lusts the discipline and correction yee ought to restraine your selves withall ought to be streight sueh as we use to children in their tender yeeres the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this yee must receive as Children from the word of God subjicite vos reprehensioni verbi Cajetan Dei submit yourselves to the reprehension of the word of God From this second part of the charge Doct. that if any thing be consulted and agreed on against God and Christ the Nobles and Judges of the earth must receive instruction reforme and amend themselves and together with the King submit to the government of Christ but the charge lyeth upon your selves in this clause though the consociation with the other clause require your conjunction but I am now come to your duty as it standeth singly in this part of the charge Yee see my Lords more is required at your hands then of the Kings in point of knowledge yee ought to be the Kings Treasurers out of which hee ought at all times to draw wisdome yee ought to be that multitude of Counsellours that might make all the Kings purposes succesfull if the King want counsell he must repaire to you if you want it yee must provide it for him it is the duty of your place therefore if yee be not learned yee must receive instruction if never so learned information if yee be morally vitious yee must amend your selves by Lawes Discipline correction yee must use your selves as men use Children correct your selves or if need be as men use madde men binde your selves rather then wander after unworthy sinfull lusts whosoever are ignorant ye must be knowing though corruption of times may lead some others into swearing lying drunkennesse uncleannesse profannesse yet none of all these things should be found in you It is a shame that a Christian Lord should not be eminently above unchristian and heathenish vices Her●s est supra ●mnem legem humanam more vertuous then any humane Law can require how shamefull is it that they should be more vitious then any heathen Law should suffer It is sufficient for a King to understand and walke by principles such as no man can deny to be truth to make good principles the end of his actions you must helpe him to the meanes which is the act of Councell when the end is agreed on Councell must finde out the meanes to obtaine the end and that is properly wisdome learning and prudence the same word is translated be learned and amend your selves learning is a great meanes to amend a man againe it signifieth correct or punish your selves nothing is so ready a way to amend a man as punishment because prudentia moralis versatur circa aff●ctus morall wisdome is conversant about af●ections which are not mooved with any reason but much with strips nihil suasionibus plurimum flagris as Moralists all agree and therefore is it that such creatures as are only sensitive are not wrought upon by reason but stripes only I shall distinguish the requisits of a Judge into learning and honesty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both contained in the originall word which commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 discipline or correction by learning instruction threats either active or passive Againe the learning that is required to Judges may be distinguished into the learning of inferiour and supreame Judges honesty ought to be common to all Judges as likewise that learning of their owne condition in reference to Christ The learning of an inferiour or subordinate Judge must be either habituall or upon all emergent occasions capable of new instructions His habituall learning must be the knowledge of the positive Lawes and customes of the Kingdome containing the right of the King and Subject so as they are applicable to continuall practice he must likewise know the rules of morall Philosophy a study much neglected in this Kingdome the Lawyers rather going by particular president then rules of justice which is rather emporicall then learned and from particular president gather an universall rule which is too much used for Lawyers Logick when they are pleased to make use of it but they can forsake it for a friend at pleasure which maketh the Lawes of England so lyable to abuse and leave the Judges too great a latitude to doe amisse and yet excuse themselves if they walke by a president they are excused if they desert their president and make new as in some cases they may and ought the weakenesse of this collection it was done therefore well done it was the opinion of these Judges therefore right may well excuse them whereby the Judges have a latitude to judge which way they please without blame because the study of the Law is rather by induction then demonstration rather by the will of former Judges then rules of justice which are to be found in the learned skill of morall Philosophy and ought among us Christians be regulated by Scriptures with which in matters of justice the light of nature doth agree these Rulers of justice ought to be the only guide to judges in matters of judgement to Parliaments in making Lawes therefore in the Scriptures is justice annexed to judement Judges and Officers yee shall choose Deut. 16.18 and they shall judge the people with righteous judgement Ex. 45.9 Let it suffice O yee Princes of Israel remove violence and spoyle execute judgement and justice take away your exactions from my people Ier. 22.3 execute judgement and justice Justice is the rule judgement is the application of it to time and place 2. There must be a learning that ought alwaies to be in fieri upon emergent occasions that is a diligent care to finde out the fact Iob. 29.16 that cause which I kn●w not I sought out diligently this was the glory of Solomon in case of the Harlots and this must be in all Judges high or low 3. There must be a sagacity or quicknesse in a Judge to make application of the Law to the case in hand this is the principall if not the sole duty of a Magistrate to execute the Lawes to see that all men that seeke justice may h●ve it without partiality this belongeth to a Magistrate essentially and cannot be taken from him while he remaineth a Magistrate Judex debet habere potestatem veritatem formam vim Tollet that is he must have authority truth and forme before and in judgement and force following it to put it in execution The reasons why Judges ought to have such learning are first because no action can be rationall

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

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