Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	church_n	communion_n	society_n	1,043	5	9.9780	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09254	The charge of God and the King to iudges and magistrates, for execution of iustice. In a sermon preached before Sr Henry Hobart Knight and Baronet, Lord Chiefe Iustice of the Common Pleas: and Sr Robert Haughton Knight, one of the iudges of the Kings Bench, at the Assises at Hartford. By William Pemberton B.D. and minister at high-Ongar in Essex.	Pemberton, William, d. 1622.	1619 (1619)	STC 19568; ESTC S103437	46,028	130

he gouerned also by others as assistants and counsellors Whence Kings and chiefe Rulers may take patterne for their practise Doctr. to giue speciall Charge to their Delegates and Deputies to execute iust iudgement vnto the people For so Moses the chiefe Ruler gaue charge to these new-elected Iudges and Rulers to heare and indge righteously the causes of all men Such a charge for a farewell did holy King Dauid giue vnto Salomon his succeeding sonne 1. King 2.2 3. I goe the way of all the earth be thou strong therefore and shew thy selfe a man And take heede to the charge of the Lord thy God to walke in his wayes and to keepe his statutes c. When he further injoynes him according to his wisdom to execute iustice on Ioab and Shimei and to shew mercy and kindnes to the sons of Barzillai The Aegyptian Kings were wont as Plutarch reporteth by the custome of their country to giue an oath to such as were appointed their Iudges that they should not speake or doe vnrighteously in iudgment though the King himselfe should charge and command them Which commendable practise Traiane the Emperor did worthily imitate and gaue a drawne sword to the Pretorian Lieutenant before all his Nobles saying vnto him Si bonus fuero pro me vtitor hoc gladio sin malus contrame If I shall be good vse this sword for me if euill against me or thus Hoc gladio pro me vtar is donec iusta fecero si iniusta secero contra me vtaris As long as I shall doe those things which are iust vse this sword for me if I do things vniust vse it against me A fact and speach most worthy an Emperor whose example at least in the scope thereof is fit to be imitated of euery good King who ought to acknowledge that God hath aduanced him as a little God ●s●l 82. to sit on the Throne and to rule ouer all others for the common good of all The oath which the King administreth to Iudges binds them to strict obseruation of iustice as it is recorded in the stature of the 18. of Edward the III. Ye shall do euen law execution of right to all his subiects rich and poore The oath of Iudges 18. Edw. 3 printed anno D●mius 1578. p 106. without hauing regard of any person And that yee denie to no man common right by the Kings letters nor none other mans nor for none other cause and in case any letters come come to you contrary to the law that yee do nothing by such letters but certifie the King thereof and goe forth to doe the law notwithstanding the same letters And this is agreable to the commandement of Antiochus the King of Asia That if letters came from him or his Nobles to interrupt the course of iustice they should pocket them vp supposing them to be vnwittingly written and so to proceed in a strict course of iustice A good King giues streit charge for execution of iustice because he knowes that the power of gouernment is as well onus as honos a burden as an honour ordeined for the common and vninersall welfare of all his subiects Salus populisupr●ms le●● est● whereof account must be giuen to God And he is alwaies in his owne estimation Magnus reip seruus Colimus Imperatorem vt hominē a Deo secundum sole Deo minorem Tertu● ad Scap. Super Imperatorē nox est nisi s●lus Deus qui fecit Imperaterē Optat. contr Parmenian lib. 3 the great seruant of the Cōmon-weale for place and authoritie aduanced and that most worthily aboue all both persons and states and yet in princely clemency respectiue of the meanest like a kind Master or * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gueua●a good Father For a good King differs nothing from a good Father who as he is maximus the greatest so is he optimus Par●m vllum super terrā non babet Chrysost ad pop Antioch ham 2. Patriae parens the best a common yea an vniuersall good who promoteth peace and publike welfare accounting all his felicitie as he is a Prince to consist in well-gouerning his Common-weale and in bestowing his life for the good thereof if need require as the Emperor Alexander Seuerus professed of himselfe Now then as it is the highest dignitie and most neerely annexed to the Royall Crowne of a Christian Prince to haue the title of prerogatiue to be Defender of the Christian Faith and to haue supreme authoritie ouer all causes and persons Ecclesiasticall and Ciuill so it apperteineth to him by that high authoritie to manifest his care for the common good as in making and executing of good and lawes for the promoting and establishing of Religion and Iustice Rex quia h●mo est D●mino ser●it viuen●o fideliter quia v. ro●tiam R●x est seruit l●ges iusta praec●pi● n●●s con●●ar●a prohibentes conuenienti vigore sanciendo Aug epist 50. ad Bonisa ium Idem contra Cresconium l. 3. c. 51. so also in electing good Delegates and competent Iudges and Ministers of iustice and in charging and obliging them by all bond of dutie to vse their authoritie to promote the publike good in examining and deciding all causes and controuersies with righteous iudgement and due execution of iustice which is the very life and soule of good and wholsome lawes And thus much of the person who gaue the Charge GOD the KING Now of the persons to whom the Charge was giuen Iudges and Magistrates Your Iudges II. Point That is not onely Iudges in the most strict and streit notion signification of the phrase but all Magistrates also and Ministers of iustice at least by true and necessarie consequence And most meete it is surely that such a strict charge should be giuen by God and the chiefe Ruler Doctr. to such as were elected and designed to be Iudges For they are for trust keepers of the Law and for their office speaking lawes and by their power and authoritie vnder God and the King principall swayers and dispensers of equitie and iustice And as Masters and Pilots in the ship of the Common-wealth who sit at the sterne and guide it forward through their wisdome and fidelitie in an euen a prosperous and succesfull course vnto the desired hauen of peace and prosperitie But through their carelesse neglect and heedlesse ouer-sight they cause fearefull shipwracke and miserable ruine And you know right well that when Iudges and Magistrates become wise and faithfull in deliberate sanxion and due execution of good and wholsome lawes and statutes that then by their good meanes and Gods good blessing Gods lawes are backed his ordinances established piety is promoted equitie preserued the Church is made pious the Common-wealth prosperous our communion with God and societie with man becomes most comfortable happy and blessed But when Rulers and Magistrates doe

swerue in gouernment growing carelesse negligent vngodly vniust abusing their authoritie or neglecting their dutie then thorough the iust iudgement of God and malice of the Deuill and the vnbridled furie and vnbounded outrage of lewd and sauage and vnreasonable men all things in Church and Common-wealth grow disordered and confused and finally fall vnlesse godly wisdom in Rulers timely preuent into fearefull ruine and dreadfull desolation Wherefore for the prudent preuenting of this so fearefull euill and prouident procuring of that so hopefull good all Rulers and Magistrates yea all ministers of iustice Sheriffes Counsellors Aduocates Iurors witnesses and the rest who are but men and subiect to sliding of wilfulnesse or weaknesse had neede to receiue their charge and direction from God and the King for the better discharge of this important businesse for the glory of God who hath highly exalted them and for the good of others ouer whom he hath set them for quò sublimior gloria est Cyprian eo maior cura est the higher is their honour the greater ought to be their care and inlargeth the summe of their future account Hieron epist ad Heliodorum de 〈◊〉 vi●ae s●litariae for cui plus creditur plus ab eo exigitur to whom more is committed of him more is exacted III. Point The nature of the thing giuen a Charge And thus much of the persons to whom this Charge was giuen Now I proceede to the third particular which is the nature and qualitie of this thing which Moses gaue to the Iudges which is a command a precept or a charge I charged your Iudges Now this being a Charge giuen of God and the King Doctr. who are in degree the highest it doth charge the conscience in the highest degree exacteth imployment both of body minde for the exact discharg of this office dutie and that in such sort that an approued account may be well and readily made not only to the King and principall Ruler but also to God himselfe the King of Kings and Iudge of Iudges Exod. 18.25 euen the Iudge of the whole world And for this cause it is religiously prouided that an oath of the King yea of the Lord is administred to inferior Iudges yea to Iurors and witnesses the ministers and instruments of iustice for the faithfull discharge of this weighty duty so heaui-charging if not ouer-charging the soules and consciences of all who beare any part in the matter of iudgment Wherefore Vse by vertue of this Charge let all be admonished who haue the least finger in matters of iustice for it doth not concerne the Reuerend Iudges alone let all I say be admonished in the name of the Lord to account themselues charged to such performance of dutie as whereof they must be accountant to God and the King And therefore let religious care be had of all both Iudges ministers and instruments so to demeane and behaue themselues as sincere and faithfull seruants of God and trusly and loyall subiects to the King that they may receiue for their paines to their credit and comfort both humane and diuine applause and commendation And thus much of the nature of this speach in that it is a Charge Now time and desire do hasten mee forward to consider the time when this Charge was giuen IV. Point The time whē this charge was giuen At that time that is assoone as these were elected Iudges In the fortieth yeare the eleuenth moneth and the first day after their departure out of Aegypt Two moneths and a few daies before their entrance into the land of Canaan where this their authoritie was to be exercised and not so long before the death of Moses the seruant of God their principall Ruler who dyed the twelfth day of the twelfth moneth as may be collected out of Deut. 34. Iosh 1. 4. O consider I beseech you this charge of Moses to the Iudges how fit how timely how seasonable it was 1 Assoone as they were selected and designed to this office that they might deliberately meditate and fore-bethinke themselues of their dutie and charge 2. Before execution of any part of their function that in the beginning thereof they might lay such a good foundation that they might the more hopefully expect successefull proceedings 3 A little before their entrance into the land of Canaan their promised land that their inheritāce might not be polluted through violation of iustice in their first possession thereof and habitation therein 4 And a little before the death of Moses their chiefe Prince and Law-giuer that they might not be left destitute of direction for matters of iudgement after the losse of so worthie a Gouernour Wherefore timely and seasonable ought to be the charge which Kings and Princes giue to their Delegates Doctr. the Iudges and Magistrates and which Iudges and Magistrates giue to the People their inferiours euen in the entrance of their function before execution that they may not swerue from iustice through ignorance for want of direction nor transgresse through presumption for want of admonition And so timely and mature ought to be the charge instructions and admonitions of Parents to their children of Maisters to their seruants and of all Superiors to inferiors vnder their charge But to applie my selfe onely to this this time and occasion I onely obserue that its prudently prouided which is constantly practised that our reuerend Iudges of Assise hauing receiued first instructions from the King make way in their entrance vnto iudicial processe Vse by giuing of their charge wherein they doe with great learning and pietie giue such wise directions such graue admonitions and such needfull and seasonable exhortations to the bodie of the Common-weale whom these businesses doe concern that vnlesse men be simple they cannot be ignorant and vnlesse they be wilfull they shall not make default in discharge of the duetie and office wherein they are imployed And so much of the first generall part of this text the giuing of the charge Now I come to the second and principally intended the Charge which was giuen the tenour whereof is this Heare the causes betweene your Brethren and iudge righteously c. Second generall Part. The Charge giuen I. Point Instructions and Imunctions In this charge giuen there come first to our view the Instructions and Iniunctions which are giuen to the Iudges which are in number two to heare deliberately to iudge righteously And for preparing of our passage to the handling of them wee are to consider by way of Preface First what are the Causes to be heard and iudged Secondly what is the Rule of righteous iudgement For the first the Causes which fall into the consideration of Iudges are by Plato reduced to two heads Omnia iudicia aut distrahendarum controuersi●rum aut puniend orum maleficiorum causa reperiae sunt In disceptan●● controuersijs tuenda disciplina Iustinian to doe Iniurie