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A13000 Two sermons of direction for iudges and magistrates. By Mathew Stoneham, minister and preacher in the citie of Norwich Stoneham, Mathew. 1608 (1608) STC 23290; ESTC S103465 30,644 96

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TWO SERMONS OF DIRECTION FOR IVDGES AND MAGISTRATES By Mathew Stoneham Minister and Preacher in the Citie of Norwich 1. Pet. 2. 17. Feare God honor the King Rom. 13. 1. Let euery soule be subiect vnto the higher powers for there is no power but of God ANCHORA SPEI LONDON Printed by Richard Field 1608. TO THE RIGHT HONORABLE SIR EDWARD COOKE Knight Lord chiefe Iustice of the Common Pleas. MATHEW STONEHAM Minister wisheth the accomplishment of all his godly desires I Had not suffered right Honorable these worthlesse labours of mine to haue passed to the presse but that the importunity of many my friends haue pressed me vnto it Quod exemplo fit iure fieri putamus saith the famous Romane Orator The communitie of the act may pleade an immunitie for this mine action As the one of them was not long since vttered in your Honorable presence and audience so now it presenteth it selfe vnto your view and perusall The other which I haue added vnto it prouided vpon the same occasion to haue bene vttered heretofore preached in the same place at the hearing of two honorable and graue Iudges now deceassed being then by other necessary businesse intercepted reioyceth that it hath so fit oportunity now at lēgth to open it selfe to the view of the world Though neither of them haue ought else to commend them yet Salomon himselfe will affoord them commendations in this that they are words vttered in due season Pro. 25. 11. If God season thē Pro. 25. 11. with his grace though men do not grace them with their fauours it is as much as they expect or I desire And thus commending your Lordship to the protection of the Lord of Lords I humbly take my leaue Your Lordships poore orator M. STONEHAM THE FIRST SERMON EZRA 7. 26. And whosoeuer will not do the law of thy God and the kings law let him haue iudgement without delay whether it be vnto death or to banishment or to confiscation of goods or imprisonment A Rtashashte the great king of Persia hauing giuē leaue to Ezra together with his people to returne to Ierusalē as may appeare by the copie of Letters patents of the said great King to that purpose vers 11. of this Chapter Vers 11. authoriseth him also there according to the wisedome of God which was in him to set Iudges and arbiters ouer all the people that is beyond the riuer vers 25. Meaning thereby no Vers 25. doubt the riuer called anciently by the Hebrewes Perath Gen. 2. 14. by Gen. 2. 14. the Greekes Euphrates modernely as it is probable by a briefe corruption of that word Frat the mainest of the currēts which do deuide Persia from Iudaea and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called the riuer And in these words now read is set downe as it were a table of direction to informe all Iudges and Magistrates in their seuerall sessions and processions what to examine sentence punish This table consisteth as I may so say of two leaues or columnes wherof the former containeth in it Culpa or matter of fault the other Poena or matter of punishment The leafe or columne culpable or of fault is cōsiderable in these words Whosoeuer will not do the law of thy God and the kings law The leafe or columne penall or of punishment is obseruable in these words Let him haue iudgement without delay whether it be vnto death or banishment or to confiscation of goods or to imprisonment In the former leafe there be two branches the former is the intent the other is the extent of it The intent hath in it three points whereof the first is the maner of it which consisteth both in vndutifulnesse in that they do not the law of God and the law of the king as also in wilfulnesse in that it is said they will not do it The second point is the order of it in that it is not first said the law of the king and the law of God but first the law of God and then the kings law The third point is the matter of it in two particulars the one will not do the law of God the other particular and the kings law The extent of it is that it concerneth not some but out-spreadeth it selfe vnto all whosoeuer Concerning the second leafe or columne of this table which is penall or of punishment I will then vnfold and branch it out when I shall come to the speciall handling of it lest whilest I labour to propound method I may haply confound memorie The former branch then of the two in the culpable leafe of this table is the intent of it will not obey the law of thy God and the kings law wherein because there is maner order matter the maner is first to be assumed to our handling and that first in the vndutifulnesse do not secondly in the wilfulnesse of it will not do c. Their vndutifulnesse appeareth in that they do not c. All which did arise from the want of obedience as the want of obedience chiefly springeth from the roote of pride Pride then causeth disobedience and disobedience maketh vndutifulnesse not to do Humilitie is submission submission submittit that is putteth a man vnder his superiour not only in place for his condition but also in office for action But pride is elation which elation effert that is carieth a man aloft euen aboue his superiours both in affectation of place which is ambition as also in prescriptiō of office which is transgression that is a going ouer or beyond a limited bound a doing indeede of that which ought not to be done but a not doing of that which ought to be done the vndutifulnesse here meant The way then for a man to become most obedient is first to become humilimus most humble and the meanes for a man to become humilimus most hūble is for him seriously to meditate with himself that he corporally is but humilimus that is the puddle or the slime of the earth or ground ne ergo Lipsius de Constantia efferat se coenum supra coelum as one speaketh let not the earthly element labour to surmount the heauenly firmament which it shall attempt to do if we shall not onely not do the law of the King who is the immortall Gods lieutenant in earth but of God who is the mortall Kings soueraigne in heauen It is no doubt an happie combination whereas Pauls ' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tit. 2. 15. that is authoritie and commaund Tit. 2. 15. goeth coupled with Peters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Pet. 2. 13. that is submission 1. Pet 2. 13. and obedience Submit your selues vnto all maner of ordinance of man for the Lords sake Where there is a doing of the law of the King because there is a submission to all maner ordinance of man there is a doing of the law of God because it is to be performed for the Lords sake It is a
placed before him so he should place God before him Kings are the children of the most High Psal 82. 6. As Psal 82. 6. the child therfore yeeldeth reuerence to his father so ought kings as children to God their Father The other lesson instructeth the subiect in a dutifull obedience that forasmuch as the king is placed next immediate vnder God so he obeyeth him in for God if he shall not be contrarie vnto God The authoritie of the King is then disauthorized when he shall either cōmand that which is euil or forbid that which is good for the Kings scepter and priuiledge chiefly lyeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in things of a meane and indifferent nature To denie then the Kings command in matters indifferent it is to encounter his authoritie in the best title of it a guise of some who haply for their zeale may be commended for their ignorance are to be pitied for their stubburnnesse in that they will not do the kings law are to be punished Hitherto the intent The second point in the culpable leafe of this table is the extent of it Whosoeuer will not c. It is not then to be required of some but to be looked for from all Whosoeuer This I can but point at not prosecute The second leafe or columne of this table is penall or of punishment This is proposed first more generally in 3. members whereof the first is the denunciation of a sentence in the hauing of iudgement the second the expedition of it without delay the third is the applicatiō of it which is set down both in specie or more specially let him as also in genere or more generally whosoeuer Secondly this leafe or columne is proposed more particularly in foure branches first by death secondly by banishment thirdly by confiscation of goods fourthly by imprisonment The first of the three mēbers more generally proposed is the denuntiation of a iudgement in the hauing of iudgement This hauing of iudgement both authoriseth the Iudge and also discourageth the offendor First it authoriseth the Iudge for he that commandeth the Iudge that he must do it authoriseth also the Iudge that he may do it Iudges are of Gods owne raising Iudg. 2. 16. and Iudg. 2. 16. also of Gods assisting as with whom the Lord is said to be Vers 18. Therfore Iudg. 2. 18. authoritie cannot be controuerted vnlesse God himselfe in some sort be countermanded For the better vnderstanding of this iudgement we must know that there is a threefold iudgement Coeli seculi conscientiae supernall of heauen internall of conscience externall of the world Iudgement in this place is not to be takē for the supernall iudgement of heauen neither yet for the internall iudgemēt of conscience but for the externall iudgement of the world whereunto God incourageth the heads of Iacob and the Princes of the house of Israel Micah 3. 1. Heare ô ye heads of Iacob Micab 3. 1. and ye Princes of the house of Israel should not you know iudgement which iudgement S. Hierome interpreteth either S. Hierome for right reason or administration of iustice according to that Psal Psal 72. 1. 72. 1. Giue thy iudgement vnto the king ô Lord and thy righteousnesse vnto the kings sonne Iudgement to the king that is administration of iustice Iudgement and iustice in the Scriptures seeme to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 words of one signification Yet Dauid Psal 94. 15. distinguisheth Psal 94. 15. them where he saith that Iudgement shall returne to iustice In which place iudgement as it is probable is taken for the execution of the sword and iustice for equall decision of matters in controuersie Secondly this hauing of iudgemēt discourageth the offendor in that though for a time he hath runne on his heedlesse and heady race in being both vndutifull and wilfull against the law of God and the kings law yet notwithstanding God hath a time wherin he that would not submit himselfe vnto the tenour of the law by doing shal be enforced to yeeld himselfe vnto the terror of the law by suffering for there is not onely iudgement passed but execution out against such Let him haue iudgement The second of the three members more generally proposed is the expedition of the sentence without delay Priùs consulto deinde maturè facto opus est a Iudge must first determine with deliberation and then what he hath once ripely determined act with expedition A long suite hanging in the Court of a Iudge will be no more grace vnto him then a long sore vnder the hand of a Chirurgian which may peraduenture increase his coine but wil decrease his credit The cause of a poore man must not be delayed before the barre of a Iudge as the diseased poore man lay before the poole of Bethesda euen eight thirtie yeares and was not cured Ioh. 5. 5. Ioh. 5. 5. The reason wherof was because whē an Angell came and troubled the water another stepped in before him was healed But the cause herein must be inuerted for whereas there was first the troubling of the water by an Angell and then the stronger stept in before the weaker here it must be deemed that first the stronger steppeth in before the weaker and then troubleth the water with angels The Lion as we know is not onely valiant but swift The throne of Salomon was garded on both sides with Lions 1. Reg. 10. 20. hieroglyphically as it 1. Reg. 10. 20. were to set foorth vnto vs that they which sit on thrones should be as Lions not only in abilitie of action but also in agilitie of expedition As God is said to be against the sooth-sayers adulterers false swearers oppressors a swift witnesse Malach. 3. 5. so they Malac. 3. 5. who sit vpon Gods seats against such malefactors ought to become swift Iudges A thing was this so carefully prouided for in the Iewish common-wealth as their iudgement seats were in the gates of their Cities Ruth 4. 2. Ruth 4. 2. A meanes of the more quicke dispatchall so that there might be iudgement without delay The third of the three members more generally proposed is the application of the sentence which is to be handled first in specie or more specially let him that is him who hath bin thus vndutifully and wilfully disobedient against the law of God and the kings law Let him euen in his owne person that as he in his owne person hath done what he should not so him selfe in his owne person may suffer what he would not The Iudge must take heed of Herods miscariage who cōceiuing a displeasure against Christ vniustly bathed his sword in the bloud of all the innocent babes of the male sexe in Bethleem and the coasts therof frō two yeares downeward Math. Math. 2. 16. 2. 16. Secondly this application is to be handled in genere or more generally as this him hath a reference to the forenamed whosoeuer