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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
diuinitie when he saith Quod si Christiani olim c. i Bellar. lib. 5. de Rom. Pont. cap. 7. But if Christians heretofore did not depose Nero and Dioclesian and Iulian the Apostata c. it was because they lacked temporall strength the one saith they were subiect for their eternall Lords sake the other they were subiect did not depose for want of temporall strength Againe here is admonition for some speciall persons at such speciall times as these are for actors that commence suits for Aduocates and Lawyers that plead and prosecute matters for witnesses that are to testifie and giue in euidence and for Iuries that are to bring in verdicts to carry themselues as in the presence of God to doe nothing before Gods Lieuetenants which they would not doe before God himselfe whose the iudgement is and who standeth amongst the Magistrates and iudgeth amongst them as in the first verse Art thou then an Actor one that hath businesse against thy brother bring not a friuolous suit not worthy of Gods cognisance to his iudgement seate Non vacat exiguis rebus adesse Ioui Iupiter is not at leasure to attend on small matters is a good rule here it is not fit the Magistrate should be pestered with such petty matters and it were well if Iudges would take Gallioes course k Acts 18.16 driue such Actors and actions from the iudgement seate And if not a friuolous much lesse an iniurious suit For wouldst thou haue him a patron of thine iniquity the habitation of whose seat is equitie an iustice l Psal 89.14 the scepter of whose kingdom is a scepter of righteousnesse m Heb. 1.8 Wouldst thou haue the iudge of the whole earth deale vnrighteously in thy particular Art thou an Aduocate to plead and prosecute matters consider that thou standest before the God of truth shouldst do nothing against the truth n 2. Cor. ●● that thou shouldst not nimium altereando by too much wrangling with thine opposite endeuour as the old Greeke Sophisters were wont 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to make the worse side the better not bee like that Rhetoritian that could Mirificè res exiguas verbis amplifie are o Eras Apotheg in Agesilao wonderfully amplifie small matters with his words whom Agesilaus thought no more commendable for it then the Shooe maker that made great shooes for little feet but rather that thou shouldst with Iob in the gate be an eye to the blinde that cannot see their right a mouth to the dumbe that cannot tell their owne tale and feete to the lame that want actiuitie to follow their owne causes Take not then a knowne manifest cuill cause in hand Iustus aduocatus à nullo iniustas caus as accipit p Greg in Ezek. A iust Aduocate will not retaine vniust causes of any one Be not as those Aduocates of the Romish Court of whom Bernard complained q Bern. de considerat lib. cap. 9. Hi sunt c. These are they that haue taught their tongues to speake lies glib-tongued against righteousnesse skilfull to defend falshood wise to doe euill eloquent to oppugne the truth Art thou a witnesse to testifie a. truth to giue in euidence remember that the iudgement is his whose wayes are truth who is God that cannot lie r Tit. 1.2 who hateth a false witnesse that speaketh lies f Pro. 6.19 and that if thou lie herein thou liest to God not to man t Acts 5.4 Let not Sathan then be a lying a false spirit in thy mouth u 1. King 22.22 wrest no mans words from his meaning as the false witnesses did our Sauiours x Math. 26.60 much lesse rise not vp a false witnesse to lay to any mans charge things that he neuer did y Psalm 35.11 Serue not any Iesabels turne to betray the life or liuelyhood of any Naboth z 1. King 21.10 An heathen man a Pericles apud Gellium lib. 1. cap. 3. being intreated to sweare falsly for his friend could answere that his friendship held but vsque ad aras vnto the Altars Binde not three sins periury false testimony and iniurie together for testis falsiàicus est tribus personis obnoxius faith Isidore b Isidorus de summo bono lib. 3. A false witnesse is faultie against three persons first God whom by forswearing he contemneth next the Iudge whom by lying hee deceiueth lastly the Innocent whom by false witnessing he hurteth If thou dost God will come as a swift witnesse and a Iudge too against thee c Mal. 3.5 and thou shalt not escape his punishment A false witnesse shall not be vnpunished and hee that speaketh lies shall not escape d Prou. 19.5 Is thy seruice vsed at this time as a Iuror Let it be thy care then and thy conscience too to doe it not onely with eye-seruice as a man-pleaser but in singlenesse of heart fearing God e Coloss 2.23 to doe it heartily not vnto men but vnto the Lord before whose iudgement seate thou standest in in whose prefence this work this imployment is put vpon thee On thee hangeth the making marring of other mens causes the punishing or acquitting of Felons Mutherers and such capitall offenders And that thou shouldst be faithfull and sincere herein thou hast an oath to bind thee euidence to informe thee a charge to warne thee and a Iudge aboue thee to correct thine errors Call not then euill good nor good euill little great nor great little Know that a verdict commeth of verum dicere speaking the truth it is a falsedict if thou do falsum dicere speake that which is false Straine not out gnats then neither swallow downe Camels binde not heauy burthens but proportion thy verdicts according to the equitie of Gods law which is That the stripes be according to the fault f Deut. 25.2 that as a man hath done deserued so it should be done to him like for like g Leuit. 24.19 Giue not occasion that it should be a by-word in our Israel that by two wicked and ten weak persons in a Iury many a good cause hath the foile And especially let not foolish pity preuaile with thee for the acquitting of wilfull wicked murtherers that now-a-dayes spill mens pretious bloud like water on euery side For if it were not commendable in the Mid-wiues of Egypt to lie for the sauing of innocent infants h Exod. 1. it is abhominable in thee to bring in a lying verdict if it could be a verdict for the freeing of bloudy miscreants Homicidas punire nō est effusio sanguinis sed legū ministerium i Hieron in Ezek lib. 4. to punish murtherers is no shedding of bloud but an executing of the lawes Non est crudelis qui crudeles iugulat k Hieron in Isai 13. He is not cruell wch slayeth the cruell Search diligently therefore into such weightie causes and bee not rash with thy