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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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Christ The law of workes called the morall law is grounded on nature and may be called Lex timoris the law of feare because through our impotencie it doth terrifie and affright vs. The law of Faith which is the Gospell is grounded on Gods grace and may be called Lex amoris the law of Loue for God so loued vs Io● 3.16 that he gaue his Sonne for vs and it effectually worketh the loue of God in vs and reftoreth vs againe to blessednesse with God Man doth againe recouer this blessednes with God while he is driuen from himselfe and his sinnes by the fearefull threats of the law morall and is allured vnto Christ by the sweet promises of the Gospell this law of Faith and is daily renewed by the spirit of grace vnto conformitie to the law of works which still remaineth as a Rule of good life requiring obedience of faith Aug lib. 3. ad Bonifacium c. 4. contra Faustum Manich. in way of thankfulnes till Gods glorious image be againe repaired in vs and that eternitie of glory be conferred vpon vs. In the meane time for the space of this life many disorders and misdemeanors remaine still in the world For the greater part of men will not be reformed the better part are but in part sanctified These sin of weaknesse those of wilfulnesse both haue neede of all good helps for reformation to good or restraint from euill Wherevpon God hath in wisdom ordeined Humane Lawes and hath appointed Kings Custedes vind●ces vtriusque Tabulae D●ut 17. Esa 49.23 Princes and Magistrates to be keepers of both the Tables of the Morall Law Nursing-fathers and Nursing-mothers vnto his militant Church and constant Defenders of the Christian Faith And all their good Lawes both Ecclesiasticall and Ciuill are backs and props vnto Gods holy Law and in their due and faithfull execution effectuall meanes to procure the obseruation thereof And in a word of all good Lawes whether written or vnwritten there is a twofold end or scope as namely they do respect and ayme at either piety and godlinesse from man to God that a blessed communion may be maintained betweene man and God or equitie iustice from man to man that a comfortable communion and sweet societie may be preserued betweene man and man And surely these humane lawes of Kings Rulers being wisely enacted and duely executed by Iudges and Magistrates competent and faithfull in the execution of their function are soueraigne helps for the cure of vice by inflicting punishment on malefactors and to allure to virtue by conferring rewards and defending of well-doers and to right euery man in his righteous cause that euery man may enioy his own That so we may lead a quiet and a peaceable life 1 Tim. 2.2 in all godlinesse and honestie And to this purpose are we to pray to God for them v. 1. and for this end are they designed to this function by God Rom. 13.1 4 and for the better discharge of their office and dutie they receiue a charge from God and the King And so to descend to our present purpose and to apply my self wholy to time and occasion these words of this Scripture doe commend to our view a speciall Charge giuen by GOD and the KING to Iudges and Magistrates for execution of iustice This Charge I say first is giuen of God for Moses was an holy Prophet of God and spake nothing but from the mouth of God or by inspiration of the Spirit of God and therefore this is the Charge of God Secondly Act 7.35 Bertram de politia Iudaica cap. 5 ●●utr I call it the Charge of the King for Moses was Prince and chiefe Ruler of Gods people his authoritie was Regall his power Soueraigne not differing in nature but in name from that of a King In this Charge we may consider 1. The giuing of the Charge And I charged your Iudges at that time saying 2. The Charge giuen Heare the causes betweene your brethren c. In the giuing of the Charge we may obserue 1. The person that gaue it Moses I charged 2. The persons to whom it was giuen the Iudges your Iudges 3. The thing giuen for nature a Charge I charged 4. The time when it was giuen at that time namely of their election and designation to their function And I charged your Iudges at that time saying In the Charge giuen we may obserue 1. Instructions or iniunctions giuen to the Iudges which are two First to heare causes deliberately Heare the causes Secondly to iudge righteously and iudge righteously 2. The parties betweene whom they must heare and iudge propounded first in relation to the Iudges your brethren secondly in relation among themselues betweene euery man and his brother that is of the same Nation of the same Religion neither only so but as the meaning is more plainly opened betweene euery man and the stranger that is with him A stranger for kindred Nation or Religion is yet a brother for common nature and humane condition and therfore must haue right done to him as being a brother 3. Admonitions or cautions against pestilent impediments which are frequent enemies to equitie and iustice and they are two First Acceptation of persons on sinister respects Yee shall not respect persons in iudgment but you shall heare the small aswell as the great Secondly Feare of mens greatnesse who will be offended at iustice You shall not be afraid of the face of man 4. Reasons to inforce the performance of the iniunctions and obseruation of the cautions 1. for the iudgement is Gods 2. The charge is from God as in the first words I charged As if he should haue said God hath charged you to do right God will maintaine you in doing right therefore heare deliberately iudge righteously accept no mans person feare no mans face but do right to the small as well as the great to the stranger as well as the brother 5. A case of reseruation of iudgement in causes too difficult by consultation or appeale to the chiefest Iudge And the cause that is too hard for you bring vnto mee and I will heare it And this I take to be the intent and substance of this Charge of God and the King giuen by Moses directly to the Iudges of Israel but in them to all other Iudges and Magistrates yea all other officers all ministers and instruments of iustice for the hand of Iustice hath many fingers as Counsellors Pleaders Aduocates Sollicitors Shiriffes Iurors witnesses and the rest And it doth meerely concerne both God and King Church and Common-weale and euery state and person in them both and affords fit matter for this present occasion and profitable direction for all such purposes In speaking whereof that I may say something of euery thing I must be short in all And in all and euery thing I do most humbly craue Gods powerfull direction that I may be able to speake your fauourable attention that
this regular and circular revolution all motion begins in God and ends in God for mans felicitie and Gods glory infinitely and eternally Great you see is your honour as great is your charge A double charge from God Deut. 17. v. 18 19 20. from King God chargeth the King God and King whose Ministers and sword-bearers you are haue charged you Rom. 13.4 Your office then of Magistracie as ours of Ministery is not so much nomen honoris as oneris Aug de Ciuit. Dei l. 19. c. 19. Your desire must therefore be not so much praeesse as prodesse to beare rule as to profit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luc 21.25 to be benefactors for the good of men that is your end who are publique Patrons oracles of your Country Hauens and Refuges to poore distressed ones Your symbole must be that of Alphonsus Alphons Neapolitan Rex The Pelican with her own bill picking and drawing bloud out of her owne breast with this inscription Pro lege pro grege Magistra●us virio ostendit Arist ex Biante Herein will Magistracie shew your manhood Lastly where as these matters of iudgment are disposed and dispensed not by your selues alone but by many other inferior organs and instruments who need due inspection and daily information 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as interpreters of Law instruct them as Moderators of Iustice direct them as charged your selues of God and King to doe iustice lay great charge on them yea as armed with power coactiue by vertue thereof as far as shall be lawfull and needfull as Guardians of equitie vrge them to doe what God and King law and conscience equitie and honestie exact at their hands that this chaste Virgin Iustice be not by them deslowred Hesiod that conscience of crime in vnrighteous dealing may not inwardly Hieron epist. wound their consciences at home nor their name and familie outwardly besmeared with iust reproch and ignominie abroad But that good right be maintained good conscience discharged good name preserued that God may be honoured 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods people benefited the Common-wealth cherished the Church inlarged our communion with God and society with men may become most comfortable happy and blessed while iudgment and iustice are equally dispensed of all manner persons vnder God and King as from God by God and for God as is more largely declared in this insuing Treatise which being heretofore once vttered by me and now drawne into publique by effectuall perswasion of others I now make bold to present to your Honours and Worships because it concernes you all though for manner not so worthy as I well could wish your learned wisdomes view and approbation Well hoping that in your priuacie and retirednesse from your weighty imployments you will please to peruse it couering what faults and slips you espie therein with your robes of loue and Christian Charitie 1 Pet 4.8 not looking at my want of discharge of my dutie which I ingenuously acknowledge and sue for pardon thereof at the hands of God and you but at the better discharge of your owne whereto this my poore labour as a weake meane would further For so you stand charged of God and the King Take heede therefore what yee doe 2 Chron 19.6 for yee iudge not for man but for the Lord. And the Lord be with you in the iudgment Amen Your Honors and Worships in all dutie to be commanded William Pemberton The Charge of GOD and the KING DEVTER 1.16 17. 16. And I charged your Iudges at that time saying Heare the causes betweene your brethren and iudge righteously betweene euery man and his brother and the stranger that is with him 17. Yee shall not respect persons in iudgment but you shall heare the small aswell as the great you shall not be afraid of the face of man for the iudgment is Gods and the cause that is too hard for you bring it vnto me and I will heare it AL the counsels and works of God the most mighty Creator most wise disposer of all things doe proceede from the good pleasure of Gods will Ephes 1 12. which is the cause of all causes and tend to the glory of his name Voluntas Dei omnium quae sunt ipsa est causa Aug de●en contra Manich l. 1. c. 2. Prou 16.14 which is the end of all ends And that in the manifestation of his mercy in the gracious saluation and happines of some and of his iustice in the deserued condemnation and misery of others And this our naturall and temporary life which we liue on earth is in the counsell and decree of God a praeparation and degree to a better life And in the elect to omit the rest to a life spirituall and supernaturall begun on earth in this time of grace and continued in Heauen in that eternitie of glory This life well led in faith and obedience doth highly aduance vs to felicitie and happines This life ill led in infidelitie and sin doth deeply depresse vs into miserie and wretchednesse The entrance of Lawes Now that man on earth might liue well God did giue him a Rule to liue by This Rule is the Law of God the rule of piety the square of equitie first instamped in mans nature in his created innocencie Antequā scripta fuit in hominum legthus in mentibus vigebat Ambr●● lib. 4. de Abra hamo Patriare cap. 4. Eph 4.24 In libro aduersus Iudae●s For what was that Image of God in man consisting of righteousnesse holinesse and trueth but Lex primordialis a primordiall Law as Tertullian speakes exactly requiring and absolutely inabling the performance of duties of piety to God and of equitie to man both in habite and act and that in sinceritie and perfection of them both And what was the Morall Law proclaimed on Mount Sinah Exod. 20. after that man had defaced Gods image by transgressing his command but this primordiall Law renewed and repeated as an absolute and eternall rule and square of piety to God Exod. 31.18 and equitie to man which God with his owne finger did ingraue in two Tables of stone and gaue vnto Moses for the vse of his Church This Morall Law requires obseruation according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or exact perfection thereof but it giues no abilitie to performe obedience It sheweth what man now ought to doe what once he could haue done but not what he now can do nor what it will inable him to do but accuseth and accurseth euery man as guilty of sinne for the least transgression of it Whereupon God in mercy to releeue mans misery to this law of works giuen in Sinah Exod. 20. did adde another Law as the Apostle stiles it the Law of Faith Rom. 3.27 Is●● 2.3 Mich. 4.2 giuen in Sion which promiseth life and blessednesse to all that beleeue in