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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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body of the Common-wealth that the whole may be preserued let all that is hurtfull be cut off g Cuncta prius tentand● s●d ●um dicab●le vulnus Ense residendum ne pars sincera trahatu Ouid Metam lib. 1. All oth●r courses ●s the Poet said are first to be taken and all other meanes to be vsed but if the woūd be incurerable it must be cut off that the found parts be not infected a Truncatur 〈◊〉 a●tus vt l●ceat reliquis securum viuere membris Claudian And sometimes we cut off a ioynt that the rest of the members may be without feare And thus we see the necessity of the performance of this duety Now for the better effecting thereof it is necessary that good Lawes be established and that they bee carefully and duely executed It cannot be denied but that we haue in this kingdome as good and as wholesome Lawes as any nation in Christendome onely it is to be lamented that the execution of them is so much neglected It were to be wished that they that haue authority in this case would be carefull that the Lawes made with so good aduice and so great wisedome may not be like an abor●iue fruit dead as soone as they are borne Lawe though neuer so excellent without execution Leges vel obliuione vel contemptu pabolit●e securi orem lu●uni fecere Cor. Tacit. Annal. lib. 3. 2. Chr. 34.4 are but like a body without a soule like a sword that rusteth in the sheath and like a medicine that is not applied b And as one saith well when the Lawes are abolished either by forgetfulnesse or contempt they make men more secure and riotous Now the Lawes will neuer bee well executed nor abuses reformed vnlesse the Magistrate as much as lyeth in him see it done with his owne eies There is a worthy president thereof in good Iosiah of whom it is said that when he began to root out idolatry they brake downe in his fight the Altars of Baalim and cut downe the Images that were vpon them Yea he went throughout all the land of Israell to destroy the Altars and the groues and to breake and stampe to powder the images c. and then returned to Ierusalem hee would not trust his officers with the businesse but saw it done himselfe c Sabel Ennead 5. lib. 4. When the Romanes had nominated Titus Manlius Torquatus to be Consul he aleadging the infirmity of his eyes refused the honour and said he should bring in a very euill and pernitious example 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if he should vndertake to gouern the cōmon-wealth with other mens eies And therefore Homer requireth of a Magistrate that he haue eies before and behinde that he may looke euery way Otherwise if they referre all to vnder officers who it may be either loue the sinne themselues or else are many times corrupted with bribes they shall easily be deceiued This doctrine doth serue first for the reproofe of all those Vse 1. that being in authority are not carefull to punish disordered persons As there are many that are too indulgent and winke too much at those that deserue punishment Some because they are guilty themselues cannot with any face punish sinne in others If the Magistrate be a swearer or a drankard or a whore-maister or a prophaner of the Sabboath how can he set himselfe to punish these vices in other men Others againe there are that forbeare to punish malefactors because they would be counted pittifull and mercifull men not remembring the old prouerbe that foolish pittie wareth the citie b Multi ibi nomen crudelita tis imponunt etc August de bono discipl Many saith Saint Augustine call that cruelty when for loue of discipline the fault committed is reuenged by the punishments of the offender whereas the sentence of him that punisheth satisfieth the law and redoundeth to the good not onely of them that are present but euen of them also that are yet vnborne c Seueritas vtilitate publica rependitur Cor. Tac Annal lib. 14. So that the seueritie that is vsed in this case is recompenced with the publike benefits d Maluit Domitius crudelis in animad vertendo quam in praeter mittando dissolutus videri Cic. in ver lib. 5. Num. 12.3 Exod. 32.27.28 1. King 2.5 6.7.8 It is said of Domitius that he had rather seeme cruell in punishing then dissolute in sparing Moses was a very meeke man aboue all that were vpon the earth and yet he batheth his hands in the blood of his brethren when they had dishonoured God by making and worshiping the golden calfe And Dauid that was al his life of so milde a disposition and so tender hearted that when opportunity was offered him twice he would not lay his hands vpon Saul though he were his mortall enemie yea his heart did smite him when he had but cut off the lap of his garment yet at his death hee maketh a bloody will and chargeth Solomon that hee should cause the gray head of Ioab and Shemei to goe to the graue with blood Both of them by this cruelty sanctified their heads whiles they executed the vengeance committed vnto them by God which otherwise by sparing they should haue pollunted Caluin instit lib. 4. cap. 20. sect 10. Exo. 32.29 As Moses bad the Isaelites concecrate their hands to the Lord euery man vpon his sonne and vpon his brother Others yet there be that vse too much conniuencie in this case because they would be thought to be quiet and peaceable And this is commonly the fault of such as he annuall Magistrates who because they are not long to continue in place of authoritie are loath to be too busie and too medling for their time They desire euery bodies good word let them that come after them looke to the reformation of things that are amisse But they forget in the meane while the Apostles exhortation who saith follow peace with all men and holinesse without which no man shall see the Lord. Heb. 12.14 So farre as peace may stand with holinesset so farre a man should labour to be peaceable but if it cannot stand with holinesse warre is to be preferred before such peace When Iehoram asked Iehu Is it peace Iehu he answeted What peace 2. Kin. 9.22 whiles the whoredomes of thy mother Iezebel and her witchcrafts are great in number So should euery godly Magistrate resolue in a holy zeale neuer to be at peace with wicked persons so long as their sinnes are vnpunished Last of all there be others that are ready to speake and write for leaude persons to rescue them as it were from the hand and stroake of the Magistrate As we see by common experience that there is none so vile but one or other will intreate for him abusing that fauour or credite which they haue with men of authoritie to the countenancing and bolstering vp of vngodlinesse Well let all these
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