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A03897 The descent of authoritie: or, The magistrates patent from heaven Manifested in a sermon preached at Lincolnes assizes, March 13. 1636. By Thomas Hurste Dr. of Divinity, and one of his Majesties chaplains. Hurste, Thomas, d. 1680. 1637 (1637) STC 14007; ESTC S104349 18,074 38

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As Moses here sets downe the pedegree of Authority so our Saviour sets downe the descent of murther Iohn 8.44 He goes higher than Caine Yea are of your Father the Devill he was homicida a manslayer from the beginning Let those then who are as prodigall of their owne and others blood as doggs and cockes consider how murther is here branded by name and so it may well be for it is injurious to five 1. To God whose institution is violated and his image cancelled and defaced 2. To the Magistrate whose sword is taken out of his hand and hee made like the signe of Saint George If a man be injured are there not Courts of justice both for our profit for our honour What nonsense then is it for a man in rage or passion which is a short madnesse when hee is not his owne man that hee should wrest the sword out of the hands of the sober just deliberate Magistrate and revenge his quarrell himselfe 3. A murcherer is injurious incomparably to that man whom he slayes so as he cannot give him satisfaction If he take away his goods he might restore if his good name hee might recant but who can fetchbacke a departed soule he onely can give life that first infused it 4. A murtherer is injurious to himselfe 1. To his body making it liable to a violent death or his life afterwards if his conscience be not asleepe is a continuall Purgatorie as wee may observe in some who have beene heires to Cain's murther they have been likewise inheritors of his despicable wofull wandring 2 For his soule he cannot say at his death with our Saviour Epist 154. ad Publicol Consummatum est for without bitter repentance hee leapes out of the pan into the fire Saint Augustine doth so dislike manslaughter that he saith non sibiprobari illud consilium ut quispiam alium interficiat nè ab illo occidatur 5. A blood-shedder mortally and wilfully is injurious to his wife and children by forfaiting his estate and depriving them of that which should be for their comfortable livelihood and maintenance Thomas Aquinas of every beast expounds it of beastly men intimating that murtherers are metaphorically like beasts rash violent furious inconsiderate cruell unreasonable and unprovident as they Seeing then that Gods Spirit by Moses hath stigmatized this hatefull vice let not rash anger beginne malice and revenge prosecute and a vaine conceit of honour occasion the committing of this desperate sinne which God will not have stay till the day of Doom but bee punished by his Deputy Man which word now followes By man Wee must not straiten these words as confined to Noah and his immediate successours but as the priviledges and jurisdiction in generall of mankinde over other creatures so likewise the power of man one over another doth still continue Againe wee must not thinke that by man Providet nè interficiant iussu non expectato publico Aug. in Exod. the Magistrate is to be so understood as if they were to be the Executioners so condemne under-officers for they are the Magistrates hands These words by man are rarely left out usually put in alwayes understood By man the Magistrate so the Chaldee Paraphrase per sententiam Iudicum and so Cornelius à Lapide upon these words quotes it and expounds it Calvin acknowledgeth the Magistrates authoritie to bee hence derived sed verba plus complecti dicit By man the Magistrate disjunctively or some other way by man For it is said Psalme 55.23 Blood-thirsty men shall not live out halfe their dayes So that if the murtherer escape by flight or that the Magistrate be too remisse or indulgent yet either in war or quarrell duell or other casualtie the murtherers life is taken away Thus Iunius expounds these words by man in his Analysis of this chapter Hee saith there are lawes 1. naturall of the creatures subjection verse the second 2. ceremoniall verse the fourth forbidding blood-eating 3. civill and politicall verse the sixth quum Deus manum sui Magistratûs instruit ad ulciscendum Musculus gives an unanswerable reason why by man we are to understand the Magistrate If a private man kill the murtherer and another private man him and so in infinitum what will become of the species of mankinde God therefore deputes the Magistrate to doe it and there 's an end Neither saith the same Author is this a fault in the Magistrate to use a sword either defensive or offensive to malefactors It is not said Quicunque effuderit sanguinem homicidae latronis venefici c. for these putrified members must either be taken away or they endanger the whole Mercer saith not by private men nè nisi maturè causâ diligenter excussâ occidatur If it were left to private men in their choler they would put to death without just cause as in chance-medly or misadventure which the Magistrate doth not punish with death Peter Martyr here understands the Magistrate and makes the later words a comment or reason Quia illum fecit scilicet Magistratum ad imaginem Dei non HOMINES sed ELOHIM appellantur God borrowes the word King stiling himselfe King of Kings and for an abundant requitall lends Kings the title of Gods Though all men are created after Gods image yet those that are in authoritie have a more speciall resemblance of the Deity All men of understanding learning wealth and other abilities are as bullion but the Magistrate hath the very currant stamp of Gods power Piscator also herein concurres QVI EFFVNDIT nempe privato affectu ex odio aut ira PER HOMINEM idest Magistratum I have endevoured you heare to lay the foundation strong because we are to build much hereupon Gods Patent to his Deputies or the Descent of Authority It followes shal his blood be shed God proportions his punishments Blood for blood as it is Exod. 21.23 or Life for life eye for eye tooth for tooth c. Thus We see the divine justice paying murtherers in their owne coyn Occidit occidatur Oleafter saith upon these words A principio Mundi occisio occisione vindicatur This retaliation of blood for blood Christ told Saint Peter of Matth. 26.52 Whose killeth with the sword shall perish by the sword The same words are used Revel 13.10 here is Lex talionis They that account the life of another cheap do make the market and price for their own From these words thus opened these divine truths present themselves to our consideration 1. Whosoever that God is impartiall 2. Sheds mans blood The hainousnesse of murther here named 3. By man The Descent of Authority 4. Shall his blood be shed The proportioning of Gods punishments to mans sinnes But as I made choice of these words for this time and place so I will insist onely in the third and most usefull to us the terminus à quo of Authority or the Descent of it Master Harding to set the Crowne the