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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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East and VVest Indians world who by the light of nature acknowledge as Ioseph Acosta a Spaniard witnesseth a supreme Lord author of all things whom they of Peru call Vuachoca and giue vnto him the names of Excellent Creator of heauē and earth Admirable And therefore because no commonwealth can stand without the law of Cod and the law of God can stand without the common-weale is the law of God to be placed before the kings law This doctrine affoordeth vnto vs the application of a two-fold instruction whereof the one is the sustaining of the Church the other is the maintaining of the Church-men First the Church is to be sustained the arches pillars whereof are with all care and diligēce to be shoared and supported lest the fall thereof bring with it a co-ruine and inseparable downefall of the common-wealth A thing which not I but the truth it self and that with the voyce of her sister wisedome crieth in the highest places Pro. 9 3. of the citie Prou. 9. 3. that it is to be done if not for Gods yet for the worlds sake if not for the soules yet for the bodies sake if not for the Churches yet for the cōmon-weales sake if not for pietie yet for policie sake because neither the world nor the bodie nor the common-weale nor policie can stand without God the Church religion and pietie The second instruction from hence to be apprehended applied is that Church-men are to be maintained both in their abilitie for their purse and in dignitie towards their persons For albeit pietie through the impietie of these times may seeme lōg since to haue bene banished and with that old Astraea to haue bene enforced to leaue the earth and to flie to heauen there to make complaint vnto God of her hard vsage among men yet Policie still standeth and pleadeth still for vs. This may abundantly be proued by the guise of the ancient barbarous and Ethnicke people as Ioh. Bohem. de moribus om●●● gent. Iohannes Bohemus writeth de moribus omnium gentium both among the ancient Aegyptians Aethiopians and Arabians Concerning the Aegyptians the same author witnesseth that none De Affrica cap. 4. but they which were Priests sonnes aboue the age of twentie yeares and well learned might attend on their Kings which he seemed to haue borowed out of Diodorus Siculus lib. 2. Diodo Sicu lib. 2. That also when the reuenewes of the land of Aegypt were deuided into 3. parts the first part was due vnto and deuided among their Priests as they which were of the greatest estimatiō partly for the administration of the seruice of their gods partly for their learning and wisdome partly also because they were as oracles to the Nobilitie for wisedome and counsel The second part went to the King to these ends that it might maintaine his own royall estate that secondly it might sustaine the charges of his warres and that thirdly it might be a fountaine of his bounties towards men of the best deserts The third part was shared among the pensioners men of war Touching the Aethiopians of old Iob. Bohem. Ibid. time the same Author in the same place reporteth that they were wont to chuse their Kings of their Priests and of such amōg them as they knew to be more religious then the residue A custome also if not at this day yet not long since vsed in Iseland as Giraldus Cambrensis writeth in his Topographie of Ireland In Hislandia Girald Cāb Topograp Hiberniae saith he vtuntur eodem Rege quo Sacerdote eodem Principe quo Pontifice Penes enim Episcopum tam regni quàm sacer dotij iura consistunt that is in Iseland they vse the same man for a King and Prince whom they vse for a Priest and Bishop For the rights aswell of the kingdome as of the Priesthood are in the power of the Bishop A guise also among the famous old Romaines who when they could beare anie thing better then the name of a King in their common-weale so retained they still an honour no doubt vnto that order nomen Regis sacrificuli the name of the sacrificing King among their Priests The Patriarkes were kings and priests in their families The Apostle Peter without doubt by the direction of the spirit of God ioyneth royall priesthood together 1. 1. Pet. 2. 9. Hierome Pet. 2. 9. whereupon S. Hierome saith Ecce cum Regali dignitate Sacerdotium copulauit Behold he hath coupled the Priesthood with the Royall dignitie and his Maiestie in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 affirmeth that Rex non est merè laicus that a king is not meerely laical which shew that the kingdome and priesthood are not incompatible In Arabia likewise the old Panchaiani as the Iob. Bohem. in Asia ca. 2 same Author auoucheth in the same booke deliuered their customes reuenues and all their profites into the hands of their priests who might according to their discretion as they found it necessary expedient iustly distribute them to euerie man as he had need What should I speake of the honor that the old Saracens did beare vnto the Caliph of Babylon from whom an honour greater vnto their Rich. Knols gener hist. of Turkes pag. 57. Priesthood then we can either expect or dare warrant in ours from whom I say the great Sultans of the Turkes and Saracens before the succession of the Ottoman house was established tooke their authoritie as from their superiours the true successors of their great prophet Mahomet or of the high account and esteeme that the Grand-Segnior at this day of the Ottoman line maketh of his Muphti or Mophti that is his Metropoliticall Priest or chiefe Bishop without whose aduice coūsell he vndertaketh no matter of importance If also anie inferiour priest of the Mahumetane law at this day shal haue any outrage done vnto him in being violently striken if he be a In Turkish 〈◊〉 Turke which so doth he loseth his right hand but if he be a Iewe or a Christiā he is burnt aliue for it What should I also remembrance you of what esteeme and regard euen the verie barbarous Christians haue made their priests and priesthood euen to these times among the Russes and Affricans among whom the Emperour of Russia saith of his Metropolitane that he is Gods spirituall officer and himselfe but his temporal officer therefore leadeth the Emperour the Discouery of Englishmen in Ant. Ienkinson pag. 34 3. Metropolitanes horse on Palme-sun day and on twelfe day the Emperour standeth by on foote whiles according to the custome the Metropolitane sitting on horsebacke blesseth the waters of the riuer Mosco The great cōmander of Affrica also whose power is commonly a thousand thousand men and fiue hūdred Elephants is called by the name not of Monarch Emperour or King but is styled as he thinketh by a phrase of far greater glorie that is Presbyter a Priest In whose largely
worthie saying of a learned Historian who witnesseth French hist in Henr. 3. that as in the person of a man the life consisteth in the vnion of the bodie and the soule so in a kingdome state or common-weale the life thereof standeth in the coherence and coniunction of commaunds which be as the soule and of obedience which is as the bodie thereof If either then saith he the soule of commands shal tyrannize ouer the body of obediēce by vniust lawes or the bodie of obedience will not receiue the law of the soule in iust ordinances there insueth a death to that kingdome state or common-weale Though sic volo sic iubeo so I will so I commaund be the voice of tyrants yet for a man to adde his volo to Gods iubeo his will to Gods command is the harmonie of obedience The second thing I do consider in the maner of this intent is their wilfulnesse in that they will not do the law of God and the kings law Their vndutifulnesse forespoken of may be likened to the rolling of the stone to the doore of the sepulcher Math. 27. Mat. 27. 60 60. Their wilfulnesse in that they will not do it is like the sealing of that stone so rolled to make all sure Math. 27. 66. The one is non obedire the other Mat. 27. 66 a nolle obedire The one putteth too the doore against the law of God and the king the other barres bolts it The one is like the sinne of Dauid who did not obey the voice of the Lord in marrying two sinnes together to make a bloudie diuorce betwixt a maried couple I meane Bathshebah and Vriah by committing of adulterie with the one and murther against the other 2. Sam. 11. for which 2. Sam. 11. Dauid afterward was so penitent as he brake forth into this contrite cōfession admonished by Nathan I haue sinned against the Lord. 2. Sa. 12. 13. falling 2. Sam. 12. 13. as sometimes the Poets feigned the giāt Anthaeus to fall who by euery fall in his wrastle with Hercules gained a mans strength so Dauid after his fal rose againe neuer in like maner to fal The other nolle obedire to nil to obey is like the sinne of Pharaoh the reprobate in his detaining the Lords people Exod. 5. 2. Who in the swelling of Exod. 5. 2. his heart vttered these words of blasphemie Who is the Lord that I should obey his voice I know not the Lord neither wil I let Israel go Neither wil I c. He is not only vndutifully but wilfully disobedient therefore was his fall as the fall of an Elephant of whom it is anciently written that being down he is not able to rise againe In thē that are onely vndutifull haply one sinne vpon better aduisement may preuent another but in them which are wilfull and therefore hardened like vnto iron as it is said Prou. 27. 17. that iron Pro. 27. 17. sharpneth iron so one iron linke in this iron chaine of sinne tolleth haleth on another till posse non peccare becometh non posse non peccare that is to be able not to sinne cometh to not to be able but to sinne As the voice of tyrants standeth for a law so the will of traitors standeth against the law They will not do the law of God and the kings law The second thing to be assumed to our handling in the intent is the order of it In that it is not first said the law of the king and then Gods law but in that it is said first the law of God and then the kings law Most necessarie it is that the law of God should be set in order before the kings law First because God is greater then the king This may appeare not onely in that Dauid himselfe being a king calleth God his king My king and my God Psal 5. 2. Psal 5. 2. In that also he bindeth kings in chaines and nobles in linkes of iron Psal 149. 8. Psal 149. 8. In that a token of homage kings bring presents and gifts vnto him and those not only of the Iles but of Tarshish which is Cilicia and of Shebah and Saba which is the rich Arabia Psal 72. 10. and therfore all kings shall Psal 72. 10. Psal 72. 11. worship him Psal 72. 11. because whē the whole earth consisteth of Iles and cōtinent or firme land the kings both of the Iles and also of Cilicia and Arabia which be firme land shall and do acknowledge subiection vnto him in that when it pleaseth him to put on his glorious apparell euen in the skirts of that glorious garment his name is written A king of kings and Lord of Lords Apo. 19. 16. But also the greatnesse Apoc. 19. 16 of God aboue the king may appeare in that the great Monarkes of the earth when they by the wings of their ambition haue bene so borne aloft that of Kings they haue become Monarks yet being Monarks the leuē of the same ambition hath so swolne them in them as of Monarkes still aspiring to the higher they would be Gods as may appeare by Alexander Quint. Cur. Pedio Mex in Calig Domitian the great amōg the Macedons by Caligula Domitian amōg the Romans and amōg the Persians by that proud Monarke who caused an artificiall globe of glasse to be made with a semblance of the Sunne and Moone Du Bart. in 6. day the 1. weeke and Starres in it which went from East to West according to the circular motion of it was wheeled and caried about againe and placed his throne in the top of it where himself sitting in maiestie would seeme a God and no man But be it that these in the great thoughts of their hearts would be taken for Gods then the which they cannot climbe higher yet God to defie them who would thus deifie themselues is said to be a great king aboue all Gods Psal 95. 3. and Psal 95. 3. by consequēce of such Gods as these would be The office of Dictator among the Romanes was aboue the place of a king forasmuch as when many kings and kingdomes were subiect to that State the State it self during the time of his authoritie was subiect to the Dictator Of this Dictator Plutarch writeth in the life of Fabius that whē Plutar. in Fab. it was lawfull for him almost to do anie thing yet was it not lawfull for him to ride vpon a horse By how much God is greater then kings as he is greater then these Dictators who were commanders of kings in that he rideth vpon the heauens as vpon an horse yea in that the holy Cherub becometh as his horse Psal 18. 16. and Psal 18. 16. the clouds are his chariot the wings of the winde his gallerie whereon he walketh Psal 104. 3. And therefore Psal 104. 3. because God is greater then the king Gods law in order is to be placed
Amen THE SECOND SERMON 2. CHRON. 19. 5. 6. And he set Iudges in the land in all the strong Cities of Iuda Citie by Citie and he said vnto the Iudges Take heede what ye do for ye execute not the iudgemēt of man but of the Lord and he will be with you in the cause and in the iudgement IEhosaphat right Honorable being the king and supreme gouernor of the land of Iuda thinketh it a point of his dutie to substitute and depute inferiour gouernours vnder him that so himself might be the more eased and his land the better gouerned the truth whereof the drift and purport of this my text doth make plaine vnto vs. The words may be diuided into two parts whereof the former concerne the ordination of Iudges in the fift Vers 5. verse the other the information of Iudges in the sixt In the ordination Vers 6. of Iudges there be three points of me to be handled First who were ordained Iudges secondly by whom By him that is by Iehosaphat Thirdly where first set downe more generally in the land secondly more specially in foure members First in the Cities of Iuda Secondly all the Cities Thirdly the strong Cities Fourthly Citie by Citie In the information of Iudges I am to consider First the lesson of it Secondly the reason to inforce it The lesson consisteth of three precepts whereof the first is of courage that Iudges are to do Secondly of wisedome that they are to take heed The the third of both linked and coupled together that they are to take heede what they do The reason for the inforcement hereof openeth it selfe in a twofold consideration whereof the former is whose iudgements they do execute set downe first negatiuely not of man next affirmatiuely but of the Lord. The second consideration is that they themselues are to be iudged to be collected out of these words that the Lord will be with them in the cause and in the iudgement If they do well in mercy to reward them if they do euill in iudgement to punish thē First then concerning the ordination of Iudges the first of the three members therein contained who were ordained Iudges who were officers appointed either immediatly from God or mediatly by Kings and Princes Gods lieutenants wisely to heare and indifferently to determine matters causes betwixt parties and parties Wherein great care is to be had that Iudges may first be enformed by the law according wherunto they are after to conforme themselues and their people for there is ought to be a mutuall reciprocation betwixt the law and the Iudge the Iudge and the law That as the law is a speechlesse Iudge so the Iudge may be a speaking lawe Neither ought the phrase of the law onely to dwell in his lips but the sence of the law to liue in his person Wherefore by a certaine learned man is he called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a liuing law or soule bearing iustice a liuing law so needful and a soule-bearing iustice so necessarie in all States and cōmon-weales as without them they become dead and breathlesse rather cadauera then corpora that is carkasses then bodies These be the eyes of kingdoms and states which being put out because euery man will then do that which seemeth good in his owne eyes Iudg. 17. 6. large limited monarchies wil become Iud 17. 6. like huge limmed Poliphemus when his eye was taken from him in daily danger of downfall and destruction The necessitie of whom are further set downe vnto vs Zachar. 10. 4. in that they are called by the name of Zach. 10. 4. a corner or a naile whose nature is to hold fast and close together to shew that without them the veines and sinewes of kingdomes are loosened the knees of States do smite together with iarres of discord and warres of homebred insurrection as sometimes the ioynts and sinewes of Belshazzar the king were loosened and his knees Dan. 5. 6. smote together at the vision of his kingdomes diuision Dan. 5. 6. The second thing is who ordained these Iudges he that is Iehosaphat the king and soueraigne of the land Honos onus honor is a cumber and he which sitteth on the hill of authoritie beareth a burthen on his necke as heauie as was the hill Atlas As the Sunne therfore hauing absolute light in it selfe yet being not able alone to satisfie the earths contentment lendeth transfuseth the beames therof to the orbes of the Moone and other starres which may supply in the Suns absence so Kings and Princes hauing absolute authoritie in themselues yet being not able alone to extend the same to the satisfaction of euery subiect are enforced to depute and subordaine Viceroies Vicegerents Lieutenants Presidents Deputies Iudges Magistrates and other inferiour officers vnder them which may furnish out this defect And no maruell it is for how is it possible for one man alone to sustaine the burthen of Gods office Now that Kings and Princes stand charged with the office of God it may appeare in that they are graced with the name of God Psalm 82. 2. Psal 82. 2. Hence it is that Moses being wearie of bearing the burthen of the whole people alone and complaining of it Num. 11. 14. God came downe in a Num. 11. 14 cloud and tooke of the spirit of Moses and put it on the seuentie ancient men that should assist him Numb 11. 25. Num. 11. 25 Hence it is that God himselfe appointeth it to his people Iudges and officers shalt thou make in the Cities which the Lord hath giuen thee throughout the tribes and they shal iudge the people with righteous iudgement Deuter. 16. 18. Hence it is that Salomon appointed twelue Princes vnder him for the gouerning of his whole kingdome 1. Reg. 4. 7. Hence it is that Darius constituted 1. Reg. 4. 7. ordained an hundred and twentie gouernours vnder him for the ruling of all the prouinces of the Monarchie three ouer all whereof Daniel was the chiefe Dan. 6. 1. 2. Dan. 6. 1. 2. Hence it is that king Ahashuerosh among the rest of his Princes to whom he made his feast made the same to his Gouernours whereby we may obserue he had Gouernors Ester 1. 3. For this cause the Philosopher calleth Ester 1. 3. Iudges and officers thus appointed vnder Kings and Princes in the 4. booke of his Politikes for their wisedome their eyes for their instruction Aristot Polit lib. 4. their eares for their protection the hands for their supportation the legs of the Common wealth And Philo Iudaeus that learned man writing de Philo Judae de creat princip creatione Principis saith Id quoque summae potestatis officium est that is also the duty of the highest power or kingly authoritie to substitute gouernors vnder him for the administration of iustice for one man quantumuis forti alacrique corpore simul animo in tanta mole multitudine negotiorum