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A10739 A sermon concerning the punishing of malefactors. Preached at Paules Crosse, the first of October, by Charles Richardson, preacher at Saint Katharines neere the Tower of London Richardson, Charles, fl. 1612-1617. 1616 (1616) STC 21018; ESTC S115967 37,754 48

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Slugg●rd to the pismire to learne instructiō why shold we scorne to earne of paga●s who were endued with excellent gifts of nature Prou. 6.6 Phacion a great Magistrate in Athens when his son in law Charillus was to be endited for extortion would not so much as be presēt there least his coūtenāce might haue procured him some fauor assuming that when he tooke him to be his son in law he hoped he would ●e a good an honest man a Plutarch in praecept polit And Cleon when hee was called to be a Magistrate sent presently for all his friends and renounced then f●●●●dship And when Simonides requested something of Tho●●stocles a Magistrate that was not very iust he●re H●●●●m with this answer He is not a good Poe● that singe●● w●t●out harmony nor he a good mag strate that sheweth any fauour a●a●●st the lawes ●ut there is a most famous example of all other for this purpose recorded by Aelianus The sum of it is this There was a man of the people called Mardi A han lib. 1. cap 34. that had seauen sonnes whereof the youngest being stubborne and dissolute and one that would not be reclaimed the rather taketh him and bindes his hands behind him and b●ought him to the Iudges there doth ●arnestly accuse him required that he might bee put to death The Iudges being astonished at the strangenes of the thing would not meddle with ●t but brought the father and the son to Artaxerxes the King Where the father sti● plea●ed against the son craued iustice The King seeing his ea●n●stnesse said vnto him Canst thou then with thine owne e●e endure to behold the death of thy son he answ ●ed yea very ●el For when I shall see him that wrongeth dishonoureth my family put to death Land the rest of my children shall liue with ●eater comfort When the King heard this he highly commended the father made him one of his Iudges affirming that he that durst so seuerely so iustly pronounce sentence against his owne childe would doubtlesse shew himselfe a sincere incorrupt iudge vnto others But he pardoned the young man for that time threatning to put him to a most horible death if euer ●e should offend againe in the l ke māner ●●h that our Magistrates and Iudges would follow th●se examples For if it did once appeare to the world that rich mighty men should be punished as well as the poore meane persons and that kinsfolke friends should finde ●o more fau●ur then those that are strangers it would soone cut off all hope of impu●●●e from all kinde of malefactors And blessed be God that at this time our eies do see the great care of his Maiesty to haue the ●ād purged frō bloud wherwith it hath been poluted that there is so strict so iust proceeding against all that were co●e●era●e in so wicked a fact nd the Lord strē●then t●e hart ●ā●● that most wort●y Lord chiefe Iustice that he ●ay stil go forward vnpartially to cut off al those that had any ā in so foul a murder Wicked As all the wicked must be punished without partialitie so none but the wicked must be enda gered Th y that are innocent and harme esse must not b●e m●l●sted The Lord commanded Moses that in the execution o● j●st ce Deut 2● 1 Prou. 17.15 The righteous should bee iustified ●nd the wicked condemned And Solomon saith It is as great abhomination in the sight of od to condemne the iust as it is to iustifie the wicke● And the Prophet pronounceth as great a wo● against ●im that Taketh away the righteous es of the r ghteous from him Isa 5.23 as against him That iust●fi●th absolueth the wick d for a reward The Lord hath pu● a sword into the Magistrates hand Rom. 13 4 but it is to this e●d that he may Take vengean●● 〈◊〉 him that doth euill And therefore bee abuseth his author●t●● and abuseth his sword if he turneth edge of it against the godly Psal 11 2. and smite them that are vpright in heart as Dauid saith This is a most fearefull and a most horrible sinne and a si●ne which God will ●ost seu●rely punish Among those se ●en things which the Lord hateth and abhor● h Pro 6.16 17 Psal 9. ●● this is one The hands that shed innocent blood And ●auid saith that the Lord himselfe wi●● make inquisition for blood Sometimes innocent bloo● is shed vnder colour o●●aw But there will be at t●me when the Lord wil c●●e with a quest of ●●qui●e to find it out nd to punish it And therefore when the wicked brought the Prophet Ieremiah before the princes and would haue had him put to death he speaketh to them with great boldnesse Ier. 26.14.15 As for me I am in your hands doe with me as you thinke good But know ye for a certaine that if you put me to death ye shall surely bring innocent blood vpon your selues and vpon this city vpon the inhabitants therof Implying that God would reuenge his blood not onely vpon the murderers themselues but vpon the people the whole land should be guilty of it When poore Naboth was vniustly condemned and put to death by wicked Ahab the Lord sent Elijah the Prophet to him with this messag Hast thou killed also gotten possession Thus saith the Lord in the place where dogs licked the blood of Naboth shal dogs licke euen thy blood also 1. King 21.13.19 22.38 2. King 21.16 24.2.3.4 Which came to passe accordingly Manasseh was a cruell murderer He shed innocent blood exceeding much till he replenished Ierusalem from corner to corner But marke how fearefully the Lord reuenged this sin in his posterity In the daies of Iehoi●kim The Lord sent against him bands of the Caldees bands of the Aramits bands of the Moabites bands of the Amonites he sent them against Iudah to destroy it Surly by the commandment of the Lord came this vpon Iudah that he might put them out of sight for the sinnes of Manasseh And for the innocent blood that he shed therefore the Lord would not pardon it Manasseh was dead rottē long before this time but we see the Lord had not forgotten his sin but the whole land smarted for it in the third generation after him So likewise Ioash most vnkindly caused Zechariah the son of good Ie●oiada to b● stoned to death because he reproued him for his idolatry But see what followed 2. Chro. 24.21.22.23.24.25 When the yeare was out the host of Aram came vp against him and they came against Iudah and Ierusalem and destroyed all the Princes of the people from among the people and sent all the spoile of them vnto the King of Damascus Though the army of Aram came with a small company of men yet the Lord deliuered a very great army into their hands After this the Lord somte him
and he is pacified and appeased When the wrath of Lord was kindled against Israel Num. 25.3.4 because he had ioined himselfe to Baal-Peor the Lord himselfe commanded Moses to take all the heads of the people and hang them vp before the Lord against the sunne that the indignation of the Lords wrath might be turned from Israel And according when Phinehas Ps 106.30 in an holy zeale had thrust through the man of Israel and the Midianitish woman with a speare the plague ceased from the children of Israel And Dauid relating the same storie said that Phinehas stood vp and executed iudgement and the plague was staied When Achan and all that belonged vnto him were stoned vnto death Iosh 7.25.26 8. tot the Lord turned from his fierie wrath against Israel so that whereas before their enemies chased them and smote them Ionah 1 15 now they atchieued many great and famous victories When Ionah was once cast into the sea 2. Sam. 21.9.14 the sea presently ceased from her raging When the seauen sons of Saul were hanged vp in Gibea of Saul as the Gibeonites requited God was then appeased with the land And in a word 1. King 18.40.45 when Eliah had slaine the fou●e hundred faulse Prophets idolatrous priests of Baal whereas before there had beene neither d●aw nor raine for a long time the Lord presently sent raine in abundance whereby the former famine ceased And therefore if Magistrates desire either to preuent the iudgements that are threatned or hang ouer the land or to remoue those that are already inflicted they must carefully looke to the punishing of such as by their wickednesse increase the wrath of God vpon the land Nehem. 13.18 Thirdly where wicked men escape vnpunished yea not onely so Prou. 28.28 29.2 but as oft it falleth out are exalted there the good are grieued and discouraged yea as Salomon saith they are constrained to hide themselues and to sigh and mourne for sorrow It is a true saying a Bonis nocet qui malis parcit he hurteth the good that spareth them that are euill The Apostle insinuateth that Magistrates ought to prouide that those that are vnder them may leade a quiet and a peaceable life in all godlinesse and honestie 1. Tim. 2.2 But it cannot bee that men should liue peaceably and quietly vnlesse wicked men by punishments be restrained and kept in awe for they will be so insolent as a man of a quiet disposition cannot dwell by them but the more he shall seeke for peace Psal 120.7 the more will they be bent to warre as Dauid saith of his enemies Neither is it pos●ible that godlinesse and honestie should flourish where wicked persons are vncontrouled For as weedes let grow doe ouertoppe the good corne and choake it so lewd persons left at liberty hinder the growth of pietie and godlinesse And as all these euils doe follow vpon the neglect of this duetie so on the contrary side much good will redounde to the commonwealth where it is carefully and diligently put in practise As first of all the party delinquent is by this meanes reformed and brought to liue in better order For that that Salomon speaketh of children is true also of elder persons that foolishnesse is bound in their heart Pro. 22.15 but the rod of correction shall driue it away from them And therefore he saith in another place 20.30 The blewnesse of the wound serueth to purge the euill and the stripes within the bowels of the belly And hereof we haue an example in the incestuous person who being excommunicated and deliuered vnto Satan was thereby brought to such humiliation and repentance 2. Cor. 2.6.7 that the Apostle exhorteth the Corinthians to receiue him againe into the bosome of the Church least he should be swallowed vp of ouermuch heauinesse And many amōgst vs haue cōfessed that had it not beene for correction they had neuer come to good But if it be so as sometimes we see it commeth to passe that a man is so hardned in euill as that by punishment he cannot be quite reclaimed yet he is so curbed and kept in awe as he dare not sinne so boldly as otherwise he would b Meliores sunt quos dirigit amor sed plu es quos co●●igit timor For howsoeuer it bee true that the better sort are directed by loue yet the greater sort are corrected by feare c Oderunt peccare mali formidine pocnae And euen the worst that are will abstaine from euill for feare of punishment Secondly by the punishment of malefactors others will be admonished to walke more warily The Lord tolde Moses that when due punishment should be inflicted vpon the false witnesses Deut 19.19 20. 21.21 The rest should heare and feare and should henceforth commit no more any such wickednesse among them And commaundement is giuen that the stubborne and disobedient Sonne should be stoned with stones that all Israel may heare it and feare 1. Tim. 5.20 Prou. 21.11 And the Apostle chargeth Timotheus to rebuke them openly that sinne that the rest also may feare And Solomon saith expresly that when a Scorner is punished the simple will be wise a Animaduersiones quo notoriores eo plus ad exemplum emendatione inque proficiunt Sen. de ira l 3. And doubtlesse publicke chastisements and punishments are very profitable for the example and amendment of others b Vt fulnuna pâncorum periculo cadunt omi●unsmetu sic animadue●siones terrent latius quam nocent For as the Thunderbolt falleth with the danger of a few but with the feare of all so the terror of punishments teacheth further then the smart c Metus ad omnes poena ad paucos peruenit Cic. pro A Cluentio Punitis malis f●iunt iusti attentiores et Chrysost in Ps 7. For the feare is extended to all men but the punishment to a few To this purpose Chrysostom● hath a good saying d When the euill are punished saith he the righteous are made more carefull For as a sound man when he seeth one that is wounded either feared or launced is made more carefull of his owne health so when a man seeth a malefactor brought to deserued punishment he is admonished to take heede of such courses It was a true saying in the generall of the Proconsul to Cyprian at his Martyrdome though ill applyed to him in particuler e In sanguine tuo caeteri discent discipli In thy blood the rest wil learne discipline Lust of all when as by due execution of Iustice dissolute persons are cut off the whole bodie of the Common-wealth is preserued from infection f Cic. in M. Anton. Phil. 8. As in a found body if there be any thing that endangereth the rest of the body we suffer it be feared and cut that some one me●b●r may rather perish then the whole body so in the
piece of bread Hereupon the Apostle chargeth Timotheus euen before God 18.21 and the Lord Iesus Christ and the elect Angels that in executing the ecclesiasticall censures vpon wicked persōs 1. Tim. 5.21 he should not preferre one before another and that he should doe nothing partially Wher he vseth two words of great signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The first doth signifie to esteeme highly of some one man in respect of others which is most intollerable in a Iudge who must sit in the place of iustice not to iudge of mens persons but according to their causes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beza The second is borrowed from him that holdeth the ballance implying that the Iudge must waigh the causes of men that are at variance as it were in a balance so as he must incline to neither part otherwise there can be no right iudgement Secondly this respect of persons and this parcialitie is condemned also in punishing When the Lord had appointed punishments by way of retaliation vnto him that had any way hurt his brother hee addeth in the end Ye shall haue one law it shall be as well for the stranger as for one borne in the country The stranger if he deserue fauour must haue as much sauour as if he were borne in the country and he that is borne in the country must be punished with as much seuerity as if he were a stranger Againe the Lord commandeth Deu. 17.25 If there be found among you in any of thy cities which the Lord thy God giu th thee man or woman that hath wrought wick●dnesse in the sight of the Lord thy God c. then thou shalt bring foorth that man or that woman vnto thy gates and shalt stone them with stones till thy 〈◊〉 We see here is none excepted Whosoeuer they be that transgresse high or low rich or poore they must be punished And therefore in some cases it were not lawfull for the father or mother to spare their owne sonne that was borne of their bone and flesh of their flesh If any man haue a sonne saith the Lord that is stubburne and disobedient Deut. 11.18 19.21 which will not hearken to the voice of his father nor the vo●ce of his mother c. then shall his father and his mother take him and bring him out vnto t e Elders of his citie and then all the men of his citie shall stone him with stones vnto death Yea there is not any bond of nature or of friendship that should hinder a man from the performance of this duetie according to that strict charge and precept of the Lord. Deut. 13.6.7.8.9.10 If thy brother the sonne of thy mother or thine owne sonne or thy daughter or thy wife that lieth in thy bosome or thy friend which is as thine owne soule entice thee secretly saying let vs goe and serue us other Gods c. Thou shalt not consent vnto him nor h●are him neither shall thine eie pitie him nor shew mercy nor keepe him secret But thou shalt eu n kill him thine hand shall be first vpon him to put him to death and then the hands of all the people 2. Cron. 15.16 c. And therefore Asa king of Iudah is commended in the word of God for his vprightnesse in this respect that when Maacha his owne mother committed idolatry he would not spare her but punished her euen by deposing her from her regency And indeede it is truely said a Iustitium non nouit patrem non nouit matte n ventatem vo●s that Iustice knoweth neither father nor mother but onely the truth As Moses testifieth of Leui that he said vnto his father and to his mothe I haue not seene him neither knew he his brethren nor knew his owne children so must it be with euery good Magistrate The neerest kinsmen and dearest friends that he hath in the world must haue no more fauour then other men Besides the Lord hath entitled and stiled Magistrates by the name of Gods as Dauid saith God standeth in the assembly of gods Psal 82.1.6 he iudgeth among Gods And againe I haue said ye are gods c. And therefore as they communicate with God in his name so also they should follow his example Now the Scripture doth euery where teach vs that God is no respecter of persons The Lord your God saith Moses is God of gods Deut. 10.17 18. and Lord of Lords a great God mighty and terrible which excepteth no persons nor taketh reward c. And Iehosaphat exhorting his Iudges that he had made to the due execution of iustice vseth Gods example as an argument to perswade thē therunto Let the feare of the Lord saith he be vpon you 2. Chr. 19.7 take heed and doe it for there is no iniquity with the Lrrd our God neither respect of persons nor receiuing of reward And Elihu affirmeth the same in the booke of Iob. Iob 34.19 The Lord accepteth not the persons of Princes and regardeth not the rich more then the poore for they be all the worke of his hands The greatest and the richest are like to finde no more fauour at his hands then the meanest and the poorest Isa 11.3 for he made the one as well as the other And the Prophet Isaiah speaking of the kingdome and dominion of Christ saith He shall not iudge after the sight of his eyes he shall not bee caried with outward respects to condemne or absolue any man without cause In a word the Apostle Peter saith 1. Pet. 1.17 that God without respect of persons iudgeth according to euery mans worke And we see by experience that the greatest potentates and mightiest monarches in the world can no more escape the vengeance of God then the poorest wretches that liue vpon the earth Witnesse Pharaoh Nabuchad-nezzar and diuerse others whom God brought to confusion notwithstanding all their pride Neither can the greatest multitude of sinners that are rescue themselues from the stroake of his punishing hand no more then if they were but a few or but one person as we see in the old world in Sodome and Gomorha and the cities about them and in the great army of Sennacherib Yea the Lord correcteth his dearest children euen as well as those that are his enemies As the Apostle Peter 1 Pet. 4 17. saith The time is come that iudgement must beginne at the house of God And the Lord himselfe saith to the wicked nations Loe Ier. 25.29 I beginne to plague the citie where my name is called vpon and should you goe free And speaking of the children and posteritie of Dauid whom he loued so dearely Psal 89.30.31.32.33 as he promised that he would Neuer take his louing kindnesse from them saith notwithstanding that If they forsake his law and walke not in his iudgements if they breake his statutes and keepe not his commandements he would visit their transgression with the