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A91477 The judges charge; delivered in a sermon before M. Justice Hale, and M. Sergeant Crook, judges of assize, at St. Mary-Overies in Southwark, Martii 22. 1658. As also setting forth, the necessity of magistracy, for the weal of a people. With a serious item and admonition to all unruly spirits, that despite dominion, and resist the ordinance of God. By Rich. Parr, M.A. sometimes Fellow of Exeter-Colledge in Oxford, now pastor of Camerwel in the county of Surry. Parr, Richard, 1617-1691. 1658 (1658) Wing P547; Thomason E947_2; ESTC R33023 21,680 40

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upon you Dare not to do wrong to any dare not but do Justice to all if you fear God you need not fear man 'T is true I read of one Judge but I finde not his Christen-name that feared not God but his Sirname was Unjust Heare what the unjust judge saith Luk. 18.2 6. He that fears not God nor regards what wrong he doth to man he will surely be unjust for any advantage but he that fears God dares not be unjust And truely except you fear God it will be but a sorry relief poor innocent and wronged ones will finde by going to Law before the unjust 1 Cor. 6.1 Dare any of you having a matter against another go to law before the unjust They had better take wrong at home then come so far and pay so dearly for it But as you fear the Lord so do that which is just which is the fourth Argument in the Text. And thus you have the parcels of the Text laid together which here make up the indispensible duty of the Judges to perform strictly according to the rule and direction In it ye have the Quid fieri debet and the Quod factum valet for the discharge of a good conscience in this Office and imployment And this being followed according to the Rule whatever the success may be tantâ faece populi in times of so great corruption yet let Judges and all in commission discharge their duty faithfully and they shall have an Euge from the Lord Well done good and faithful servant And by this time you finde that this Text is that good Law which Solon never knew when he complained That there wanted one good Law to make us put all the good Laws made into execution And a more full and authentick Law then this of the Text for that purpose cannot be made or found Here is a Rule by which you must walk here is a Judge which will judge you if you judge not aright then so judge ye and speak as those that shall be judged by the Law Jam. 2.12 and your Pattern you have not a careless Gallio nor a fearful man-pleasing bribe-expecting Foelix nor yet an injurious Ananias a whited wall but the Soveraign just Judge the great God over all who is to be your Pattern and him you are to have still in your eye So have I done with that part of the Discourse which is for illustration of the sense and meaning of the words to make way for the inference and Observations Now before we come to the more proper Conclusion for this occasion it may be fit to minde you of something from the scope and coherence which may somewhat contribute to rectifie some extravagancies which if not reduced and allayed in time may bring confusion upon the whole frame There is an Anti-Magistratical Spirit up and it makes a great noise which may be checked by this truth if men will yield to truth That Magistracy is an appointment of God Doct. 1. for the good of his people it is his Ordinance This is easily proved if Scripture and Experience may be taken for currant testimony and this very Chapter makes it cleer here is Jehosaphat the King and the Judges with other Officers and these over the people of Judah Psal 78.68 which was the tribe of his peculiar choice of which Christ himself came after the flesh from David through the Line of Jehosaphat And if we look back on the times before this we finde Judges of Gods appointment the last of that kinde of Government under the name of Judges as Supreme was Samuel whom God appointed to rule the people and as good as he was though he setled the Church and kept the Commonwealth in quiet kept his yeerly Assize in Bethel Gilgal and Mizpeh besides his deciding causes at home in Ramah yet the inconstant fickle Many were weary of him and his rule but God was angry with them and laid this to their charge that they had rejected not Samuel but the Lord 1 Sam. 8.7 that he should not reign over them and although he was angry with them for their rebellion yet gave he them a King to rule but when their wickedness had enraged his anger to wrath he took away their King as you may find Hos 13.11 I gave them a King in mine anger but I was wrath when I took him away I took him away in my wrath And when Government ceased men did that which was right in their own eyes and set up false Gods and false worshippings and offered violence one to another no man was safe meeting with a stronger them himself then violence and confusion prevailed they were ruled by no Laws but that of their own wills Judg. 17.6 Judg. 21.25 for in those days there was no king in Israel and then Gods wrath was up But when the Lord intends a mercy and a blessing to a people hear what he saith I will restore the judges as at the first and upon the account of mercy and favour Isa 1.26 That God set up David and after him his Son Solomon and gave them Honour Rule and Wisdom 2 Chron. 9.8 because God loved Israel Was not Corah's rebellion against Moses and Aaron their Governours disowned of God and were they not punished with a death which was not common Numb 16. compared with cap. 27.25 did not the earth gape and swallow them and gave them that quick passage to Hell in the heat of their rebellion and is not that a terrible example for all of their spirits The Hebrews have a Proverb Migrandum est ex eo loco in quo Rex non timetur People that fear a judgement from the Lord should make haste from that place where the King is not reverenced and obeyed because God will punish rebellion with some fearful judgement Ruine is the child of Resistance of God's Ordinance first or last and mischief puts a period to the lives and designs of mischievous men But lest Old-testament-proofs may seem with some of lesser authority see what is in the New-testament that of St. Paul to the Romans Rom. 13.1 2 3 4. How readest thou there doth not St. Paul one that had the Spirit of Christ and knowledge of his Will write this by way of command as well as prudential direction or counsel Let every soul be subject unto the higher powers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let no man exempt himself as free from subjection and he gives the Reason or Argument in the following words to oblige the conscience to this Duty for there is no power but of God the powers that be are ordained of God God hath appointed some to rule and some to be ruled Whososoever therefore resisteth the power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 resisteth the ordinance of God and they that resist shall receive to themselves damnation v. 2. The same Apostle to Titus Tit. 3.1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gives this in charge Put them in
oftentimes as Seneca speaks Involuta veritas in alto latet Had you not need therefore to be very cautious and diligent in your Inquisition lest you do wrong to whom you ought to do right for as Austin saith of ignorance in a Judge so may we say of the carelesness of a Judge Negligentia Judicis calamitas innocentis est 4. Lastly in respect of the persons you have to deal withal you had need take care courage too both to find out the truth and execute the Laws And indeed you will finde that all men have not faith i.e. they are not men of truth and honesty not ordinary morality you may not readily believe all reports nor take upon trust without your own search nor rely upon their own words nor own many men though they swear to it 1. For there are some Right Worshipful Oppressors and Gentlemen criminous some that would have Naboth's Vineyard or his Life and have wit and money enough to make the best of a bad matter and will speak big words Prov. 18.5 7. and would fain awe the Judge to make him judge according to their tale and interest You had need of care and courage seeing some men are such 2. There are Advocates which plead before you and they have art and tongue enough for their Clients and an hand for a Fee right or wrong and are able to make the best of a bad matter or so to entangle the truth or hide it that 't will require wisdom indeed to finde out the fallacy for of such Sophists may be said as Prudentius in his time in his Hymn against Infidels Solvunt ligantque questionum vincula Prud. Hymn Infideliis Per syllogismos plectiles Fidem minutis dissecant ambagibus Ut quisque lingua nequior 3. There are Witnesses and upon Oath I should not name an Oath nor you hear of it without trembling because of oaths the land mourns not onely vain but fallacious also Yet you my Lords know that there are Knights of the Post abroad and no doubt you have in your observations discovered how far fear or respect Non solum ille reus est qui falsum de aliquo profert sed is qui citò aurem criminibus praebet Isid lib. 3. de summo bono malice or reward will prevail with the ungodly Vulgar to bear false witness and stand to it too Had you not need to be circumspect then because of such whose consciences are Iron and whose brows are Brass 4. There are some likewise which have a great part in the transactions of Causes which should be men of steady heads and honest hearts and under an Oath too they are all But alas how often do you finde them abominably deceived or wilfully mistaken or tamely led by a Fore-man and basely byassed by some squint-eyed respect fear or affection In as much that you have cause to say The united many are deceived as well as the divided unity And alas among all these how but too often is the good truth tortured and judgement wrested and will be still if you the Judges take not very great care to relieve it Take heed therefore for you need be circumspect in that respect also And so have I done with the Doctrinal part of my Text wherein you have heard your Charge and how it hath been proved by Scripture and Argument to be your indispensible Duty We come now to the Applicatory part as it is my Message from the Lord and my Duty as I fear the Lord and I must be faithful in it too lest while I press you to yours I forget or neglect my own for this Take heed in my Text is my Rule and Injunction as well as yours I must do it and shall I fear God APPLICATION 1. In the Name of God to you the Many 1. To the Many that are hither come and have no farther business then to be lookers on at this time and to observe the transactions of the several Courts without much awe of Gods presence upon your Spirit or due respect to Magistracy or Justice 1. Be it known unto you whoere you are believe it and receive it for a truth That Magistracy is an Ordinance of the great God for the good of Mankind take heed therefore that you resist not nor murmur against it but obey it and submit unto it for the Lords sake lest ye be found fighters against God and suffer as evil doers bringing upon your own heads damnation Submit your selves saith the Apostle to every ordinance of man for the Lords sake for so is the will of God and in so doing you do well 1 Pet. 2.13 15. God will not endure you if ye will not endure that which he hath ordained Rom. 13.2 Whosoever therefore resisteth resisteth the Ordinance of God Rom. 13.2 and they that resist shall receive to themselves damnation whether you be great or small few or many 2. To you that desire to live quietly and honestly in the world and to keep a conscience voyd of offence toward God Man let this be for your comfort and incouragement in so doing the Magistrates are your Guardians and the Law your Protection Rulers are not a terrour to good works but to the evil Rom. 13.3 if you do well and walk within compass if Rulers fear God they must preserve the innocent The Law was not made for a righteous man to condemn or vex him but for the wicked to punish them If thou do evil or mean to be wicked you must expect to smart by it In 1 Tim. 1.8 9 10. as there so in this case with us The law is good if it be used lawfully knowing this that the law is not made for a righteous man but for the lawless and disobedient for the ungodly and for sinners for murderers and man-slayers for whoremongers for lyers for perjured persons c. to curb and to condemn such But 't is for the sake of the Good also that good Laws and good Magistrates are ordain'd that these might not be wronged A culpa cum sitis innoxii non estis ulli obnoxii that they may live quietly Take heed therefore that ye walk circumspectly not as fools but as wise take heed ye do no ill but well so shall ye not only be protected but praised 3. To all you that have heard what a strict charge the Judges lie under and that as they scar God and must answer for it if they perform not their duty as they ought both for finding the Offences and executing right Judgement impartially Let it be for terror to you that lie under any guilt though not yet discovered or that have wicked designs in hand not yet brought to the birth Know that if you be brought to the Judgement-seat your wickedness shall be found out and your punishment must be according to your fault you may not expect to escape by any means be affraid for he beareth not the sword in