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A72992 The magistrates charter examined, or his duty and dignity opened In a sermon preached at an assises, held at Sarum in the county of Wiltes, on the ninth day of March, last past, 1614. By Bartholomevv Parsons Batchelour in Diuinity, and vicar of Collingborne Kingstone in the diocesse of Sarum. Parsons, Bartholomew, 1574-1642. 1616 (1616) STC 19349; ESTC S123231 21,367 40

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THE MAGISTRATES CHARTER EXAMINED OR His Duty and Dignity opened IN A Sermon Preached at an Assises held at Sarum in the County of Wiltes on the ninth day of March last past 1614. By BARTHOLOMEVV PARSONS Batchelour in Diuinity and Vicar of Collingborne Kingstone in the Diocesse of Sarum IOHN 10.35 Hee called them Gods vnto whom the Word of God came and the Scripture cannot bee broken Et veniam pro laude peto laudatus abundè Non fastiditus si tibi lector ero For praise thy pardon Reader I do craue Praised enough if no disdaine I haue LONDON Printed by NICHOLAS OKES for MATHEVV LAVV and are to bee sold at his Shop in Paules Church-yard at the Signe of the Fox 1616. TO THE HONORABLE AND REVEREND IVDGES Sir HENRY HOBART Knight Baronet Lord Chiefe Iustice of the Common Pleas And Sir LAVRENCE TANFIELD Knight Lord chiefe Baron of the Exchequer Honourable and chiefe Fathers WHEN the Gentiles besought that those words of Exhortation which Paul had spoken on a Sabbath day in the Synagogue of the Iewes at Antiochia in Pisidia might bee also Preached to them the next Sabbath a Act. 13.41.42 that voyce of the people of God in whom Christ Iesus was now beginning to bee formed seemed to him and Barnabas to be as it was indeed the voyce of God himselfe and they gathered assuredly thereby as Paul else-where by the vision of the man of Macedonia appearing to him and praying him to come and helpe them b Actes 16.10 that the Lord had called them to Preach the Gospell to the Gentiles also and that they 〈…〉 to them In like sort hauing according to my to take measure and in much infirmity of the flesh Preached by voyce this silly Sermon at an Assises where your Honours were present and President The frequent motions and vehement perswasions of many both of my brethren in the worke of the Ministery and of the houshold of faith are to me a sufficient warrant yea a diuine Calling to Preach it againe by Writing and thereby to helpe forward the building of the Body of Christ For Ambo praedicant hic quidem scripto ille voce c Clemens Alexandrinus lib. 1. Stromat both of them Preach one by Writing the other by Voyce And againe there praedicandi scientia c. the skill of Preaching helpeth either way whether it worke by the hand or by the tongue Since then I haue resolued not to let it perish in the Aire and Houre wherein it was vttered but to giue it a little longer life by the Presse and to thrust it abroad naked and vnfeathered as it is into the world it being imboldened in the generall by the vndoubted soundnesse in Religion feruent zeale to the truth resolute detestation of Popery and gracious respect both of the causes and persons of Ministers in this vnhappy age wherein the Tribe of Leui is so little respected and in speciall by your diligent attention when it was spoken and fauourable approbation afterwards presumeth to presse once againe into your presence and become a Petitioner in formâ pauperis for your honourable protection And because it would not seeme sine ratione one 〈…〉 the Realme to plead for it selfe 〈…〉 in this case that seeing it was first prameditated and vttered especially to you and for you as being the highest Schollers in that Forme whereof it was bold in the Lord to be an Instructor it should be protected by you being yours in the first publication by speaking it should not be made any others in the second and more solemne diuulgation by writing In the soundnesse of which plea it is so confident that it assureth it selfe that if a Iury were called in the cause it would bring in a verdict for it Now although it speak not with authority d Math. 7.29 in such sort as neuer any man spake c Iohn 7.46 that is the glory of a Maister and cannot be giuen to the seruant nay although comming from him that is minimus Apostolorum the least of the Apostles it be not with Apollos eloquent mighty in the Scriptures feruent in the Spirit f Act. 18.25 with Iames and Iohn a Boanerges a son of Thunder g Mar. 3.16.17 to terrifie the aduersaries and to cast down strong Holds with Barnabas a son of consolation h Actes 2.36 to minister a word to the afflicted in due season nor can with the Wise Men present great gifts to Christ i Math. 2.11 with Paul speak wisedome amongst the perfect k 1. Cor. 2.6 but rather with Moses is of a slow tongue and speech l Exod. 4.10 with Ieremy vnable to speak m Ier. 1.6 in the Language of Canaan through ignorance of heauenly things with Paul not onely rude in speech n 2. Cor. 11.6 as hee in a modest perswasion and profession acknowledgeth himselfe but also in knowledge with Zachaeus scarcely of stature to see Iesus 〈…〉 Mary must lay him in a Maunger for want of better roome p Luke 2.7 yet it resteth in hope that the earthly Gods before whom it standeth will bee followers of the most High God possessor of heauen and earth be mercifull as hee is mercifull in accepting according to that a man hath and not according to that a man hath not q 2. Cor. 8.12 Which acceptation if it may finde like a bold beggar that is gnauiter impudens lustily impudent it hath one suite more to tender vnto your Lordships which is this It is totus in hoc spendeth its best strength and meditations to giue vnto Caesar the things that are Caesars to shew and set out both the dignity and duty of Caesar and of them that are sent of him And it humbly beseecheth your Honours in visceribus Iesu Christi in the bowels of Iesus Christ for a retaliation euen to giue vnto God those things that are Gods Now Saint Austin expounding those words saith Caesari census Decimae Deo r August Tom. 10. Homil. 48. Tribute to Caesar Tithes to GOD. And the suites of Churchmen before the Tribunals are as crying voyces to tell you how Gods Coine is not onely clipped round by iniurious Prescriptions and Customes of which wee may iustly say Ecclesiae Dei non debent habere talem consuerudinem the Churches of God should haue no such custome but also false stamped by the counterfeiting Mint of Impropriations and giuen from him and them to whom hee hath giuen it the sonnes of Leui to such Tobiahs as from the beginning had no right to bee chambered in the Courts of the house of God f Neh. 13.5 And the tooth of this sacriledge hath bitten so deepe that wee are worse dealt withall in the diuision of Church goods then the false mother would haue done in diuiding of the child betweene her and the true mother t 1. King 3.26 for shee would haue beene content with one halfe for her pretended right but our
selleth righteousnesse which he ought to bestow freely Of affections doing nothing for respect of persons for which cause in old time obducto velo iudicabant they iudged hauing a veyle ouer them d Muscul in Psal 82. and the bare causes were iudged without any mention of the persons e ●●em in Psal 45. putting of all affections of feare which will make them loath to displease of loue which will make them ready to please of hatred which will make them ready to reuenge For Perit omne iudicium cum res transit in affectum f Senec. Iudgement is quite vndone when the matter is caried by affection Exuit personam c. He putteth off the person of a Iudge that putteth on the person of a friend saith Tully or of an enemy say I. A third property to be imitated expressed is his Clemency and Mercy The Lords is mercifull and gracious slow to anger and plenteous in mercy g Psal 103.8 The Mountaines the strong foundations of the earth that is the Magistrates must so do iustly that they must withal loue mercy h Mich. 6.2.8 And a Kings Throne is as well vpholden by Mercy as by Iustice i Prou. 20.28 For as Chrysostome saith Iustice without mercy is not iustice but cruelty as on the other side Mercy without iustice is not mercy but foolish pitie There is a time to spare as well as to smite k Eccles 3. when not summum ius extreme right but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the moderation of right must take place The Wise man forbiddeth to bee too seuere l Eccles 7.14 Acerbis iudicijs magis vastatur quā corrigitur ciuitas saith Salust A Citie is rather ruinated then reformed by sharpe Iudgements And when this relaxation of the extremity of Law must be vsed the peculiar circumstances of times places persons and occasions will shew A fourth iudiciary property is Power and Courage in execution Might is Gods as well as wisedome m Dan. 2.20 None can resist his will n Rom. 9.19 Babylons iudgement will assuredly light vpon her because the Lord is strong that iudgeth her o Reu. 18.8 And the earthly Gods must bee men of courage p Ex. 18.21.25 strong and shew themselues like men q 1. King 2.2 Not like Rehoboam tender-hearted and not able to resist the sons of Belial r 2. Chr. 13.7 nor like Dauid at his beginning so weak that any sons of Zeruiah should be too bard for him ſ 2. Sam. 3.39 not bearing the sword in vaine against any euen the great Ones nor suffering wholesome Lawes to be like spider webs which do infirmiora animalia retinere valentiora transmittere as Anacharsis said t Valerius maximi de memorabil Hold the weaker creatures but let the stronger passe through but euen taking an order for bloudy Ioabs cursing Shemies treacherous Absoloms aspiring Adoniahs and punishing sinne as well in the necke and shoulders as in the legges and feete of the body politicke Now in all these properties I may say with Paul I haue nothing to accuse my nation of u Actes 28.19 I haue nothing to lay to the charge of our reuerend Iudges heere present x Sir Henry Hobart Knight Baronet L. chiefe Iustice of the Cōmon pleas Sir Laurence Tanfield Knight L. cheife Baron of the Exchequer I cannot God be thanked vpbraid you as Paul did the Corinthians with going to Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before vnbeleeuing Magistrates infidels for their faith or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vniust for their practise and conuersation y 1. Cor. 6.62 Nay if vox populi bee vox Dei the voyce of the people bee the voice of God herein the eare that heareth them blesseth them and the eye that seeth them giueth witnesse to them z Iob 29.11 and of them that they are with Ioseph of Arimathea good and iust men a Luk. 23.50 that with Moses they sit to heare matters from morning to euen b ●●od 18.14 that with Iob Where they know not the cause they search it out diligently are fathers to the poore breake the iawes of the wicked plucke the prey out of their teeth put on righteousnesse as a garment and iudgement as a robe and diademe c Iob. 20.12.14.16.17 that their moderation is knowne to all men d Phis 4.5 that they heare and iudge the small as well as the great e Deut. 1.17 yea and the great as well as the small Not sparing with Moses to hang vp the Heads of the people f Num. 25.4 euen to punish the great ones after their desert Therefore I haue no reprehension but onely an admonition vt faciant quod iam faciunt That they do still that which they doe at this present I haue no rod to come to them with nouae but an enge well done good and faithfull Stewards of the high God as you haue begun so continue that the great Maister when hee commeth may finde you so doing g Math. 24.46 as you run well so finish your course that the Lord Iesus that righteous Iudge who hath honoured you heere with his name and Throne may honour you hereafter with a Crowne in corruptible and a Kingdome that cannot bee shaken To him with the Father and the Holy Ghost three Persons and one God bee giuen blessing Honor Glory and Power now and for euer Amen FINIS