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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

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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 HAVGHTON 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 2 CHRON. 19.6 7. 6. And he Jehosaphat said to the Judges Take heed what yee do for yee iudge not for man but for the Lord who is with you in the iudgment 7. Wherefore now let the feare of the Lord be vpon you take heed and do it for there is no iniquitie with the Lord our God nor respect of persons nor taking of gifts LONDON Printed by Edward Griffin for Samuel Man dwelling in Paules Church-yard at the signe of the Swan 1619. TO THE RIGHT HONOVRABLE FRANCIS LORD VERVLAM Lord Chancellor of England one of his Maiesties most honorable Priuie Councell AND TO THE REVEREND Iudges and worthy Magistrates the spirit of wisdome counsell and feare of the Lord. THE wisdom of God doth thus professe and proclaime to the sonnes of men Prou. 8.15 16. By mee Kings raigne Princes decree iustice By mee Princes rule and Nobles euen all the Iudges of the earth Hereby giuing man to wit that the higher powers Rom. 13.1 or eminency of authoritie and order of magistracy supreme and subordinate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pet 2.13 is the ordination of God Which howsoeuer it be called an ordinance of Man in respect either 1. of Man the subiect by whom it is exercised or 2. of Man the obiect about whom it is conversant or 3. of Man the end to whose good it tendeth yet is still the gift and institution of God the primary author and prouident ordeiner For there is no power Rom. 13.1 but of God The powers that be are ordeined of God to which submission must be yeelded by inferiors for conscience sake to God v. 5. Which well-ground Maxime whosoeuer shall denie he is worthy to be thrust out with Nebuchadnezzar to liue among beasts Dan 4.32 vnworthy the society of men vntill he know that the most High ruleth in the kingdome of men and giueth it to whomsoeuer he will He that is higher than the highest Eccles 7.8 the King of Kings and Lord of Lords 1 Tim. 6.15 the most mighty Creator and most wise disposer of all things Dan. 2.21 who remoueth Kings and setteth vp Kings hath instamped his image of soueraigntie in Kings and Caesars set the Crowne vpon their heads put the scepter into their hands and created them chiefe Monarches in their territories and dominions ouer all others next vnder himselfe And from and by them through the like impression made God deriues vnto other Prime persons vnder them their eminent dignitie in places of lawfull authoritie So that Vice-Royes and all others in their seuerall rankes of gouernment do beare the stampe and impression of God and the King more or lesse accordingly answerable to their distinct and seuerall orders and degrees Moreouer the better to establish and ratifie this wholsome ordinance in this excellent eutaxie and to grace and safeguard the persons of these Delegates as sacred and inviolable in their commissiue authoritie God honoureth them with his owne stile and title of Gods Psal 82. v. 1.6 v. 7. not as if they were such of their owne nature and being for so they are but men and die they must like men and remaine accountant to him the great God for their dealings towards the meanest man but through his grace communicating thus farre his regencie vnto them And so they are as Gods among men as bearing Gods image in their power ouer men and Gods vnto men Hom homini Deus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a common good of Gods prouiding in faithfull dispensation of their function for the good of men Yet further as Magistrates are Gods creation and ordination in regard of their function so are they dependant on God for abilitie to the execution of their function which they receiue from his effectuall dispensation prouidence Counsell is mine saith wisdome and sound wisdom Prou. 8.14 I am vnderstanding I haue strength Mortall men must in no wise glory in any their owne strength or wisdome with the proud King of Assyria lest it proue costly to them as it did vnto him Isai 10.12 13. From Gods gracious gift they receiue their annoynting other hearts with Saul 1 Sam. 10.9 vnderstanding hearts with Solomon to iudge the people 1 King 3.9 12. And thus invested with these singular endowments as with princely diademes Job 29.14 and richly furnished with those heroicall virtues of wisdom counsell fortitude and feare of the Lord they grow vndaunted for courage and constant for resolution in vndertaking vndergoing of weighty imployments faithfull in dispatch of worthy seruices vnweariable for indeuour in speedy performances and invincible for patience in induring oppositions and clamors of all those sons of Belial who despise dominion Jude v. 8. 2 Pet. 2.10 speake euill of dignities or will not yeeld obedience to wholsome lawes nor submit their necks to needfull discipline Finally that all may be well and all say we is well that ends well The goodnesse of the end doth highly commend the goodnesse of the act Now the end of all acts in Magistracy aswell as in Ministerie must be squared by that the Apostles Canon let all things be done vnto edifying and nothing must be done idly or vnprofitably 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Basil tending to no good end and purpose Gouernors must therefore in all their acts and designes ayme at the right end and scope of gouernment the glory of God in the good of men Which end shall be most happily atchieued if they shall principally eye and respect both the Tables of Gods law whereof they are the Great-Lords Keepers Religion or piety to God in the first Table the basis and foundation of a truly-prosperous politie And equitie and iustice to man in the second the nerues and sinewes of humane society Thus when Magistrates ayme at these ends in gouernment that religion be entertained the Gospell countenanced and piety promoted and that innocencie be defended right preserued and vice punished and that all be righted none wronged Then shall Church and Common-weale ioyntly and mutually liue and loue grow prosperous and renowmed and God shall haue glory from the well-ordered communities of men and men felicitie in blessed communion with God Now all prosperous successe in vse of best meanes for atchieuing these ends must be expected and fetched from the blessing of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Joh 3.27 without whom no mortall man can euer proue happy For a man can receiue nothing vnlesse it be giuen him from heauen No counsells of man proue healthfull and successfull vnlesse God assist and giue a blessing Which
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