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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

meditation is the argument of that heauenly hymne compiled by Dauid for his son Salomons vse or by Salomon himself Psal 127. instructed of God with deep wisdom-politicall for his owne v. 1. Except the Lord build the house they labour in vaine that build it except the Lord keep the Citie the watchman waketh but in vaine It is in vaine for you to rise vp early to sit vp late to eat the bread of sorrowes for so he giueth his beloued sleepe The building of the house the watching of the Citie early vp-rising and late downe-sitting assiduous labour and carking care are all in vaine vnles God assist and giue a blessing And so doth Gregory Nazianzene most elegantly paranomaze the summe and substance of that diuine Psalme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which memorable Distick I thus in homely English expresse If God giue good successe enuie can not preuaile If God denie successe labour can naught auaile If God from heauen shall blesse and prosper what force or fraud below can crosse or controll But if God from heauen shall crosse and curse what power or wit of man shall not proue vaine and frustrate The fencing of Kingdomes and safe-guarding of Countries with wholsome lawes and politicall constitutions with Armies and Nauies with trenches bulwarks with leagues and alliances yea with infinite heapes of gold and siluer which Dionysius esteemed the adamantine bonds of Empires is all in vaine Adamantina vincula imperiorum vnlesse God assist and giue a blessing Most deliberate counsels and best designed attempts faile of good successe for want of Gods blessing to rebuke the pride of mans presuming weaknesse And weaker meanes vsed in want of stronger through diuine assistance work wonderfull effects to correct mans diffidence and to worke dependance on God according to those precepts and promises Psal 37. v. 3. Trust in the Lord and doe good so shalt thou dwell in the land and verily thou shalt be fed v. 4. Delight thy selfe also in the Lord and he shall giue thee the desires of thine heart Commit thy way vnto the Lord v. 5. trust also in him and he shall bring it to passe And according to that most memorable practise we know not what to doe but our eyes are vpon thee And that the flourishing state of Common-wealths springs out rather from the blessing of Gods diuine prouidence then from the best fore-cast of humane prudence History the witnes of times and light of truth doth plainly testifie To which also Heathens doe giue their suffrages from the dim sight of humane obseruation Vbi non Deus sed mortalis aliquis prae st ibi malorum nullū est effugium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. Dei ope auxilio multò magis R●mpubl Remanam quam ratione hominum consilio gubernari Cic. pro Rabitio For so Plato professeth of Common-weales in common Where not God but some mortall man is president there 's no auoydall of any euill And Cicero of the Romane state in speciall The Romane state was prosperously gouerned much rather by the aide and helpe of God than by mans reason and counsell humane And in a word that nothing can be well done and happily succeede in Citie or familie Church or Common-wealth without the good will and good worke of God Ephes 1.11 who worketh all things after the counsell of his own will S. Paul doth intimate when he earnestly exhorts That first of all supplications 1 Tim 2. v. 1. v. 2. prayers intercessions and giuing of thanks be made for all conditions of men for Kings and for all that are in authoritie that through Gods good blessing on their good indeuours we their subiects in our inferior condition may lead a quiet and a peaceable life in all godlinesse and honestie The summe of all in short is this Kings as supreme and other gouernors as sent by God and them 1 Pet. 2.13 14. doe receiue their high places and princely graces their function and execution vocation and dispensation authoritie and abilitie and all happy successe and good fruit in gouernment for the weale and welfare of themselues and theirs from that all-wise and all-ruling Monarch great Counsellor and Law-giuer the essentiall wisdome the son of God Isal 9.6 Jam 4.12 who with the Father and Holy Spirit one true God is the blessed and onely Potentate the King of Kings and Lord of Lords 1 Tim 6.15 the King eternall immortal invisible and only wise 1 Tim. 1.17 to whom from them all in all their designes is to be giuen as the maine end of their gouernment all honor and glory for euer and euer Amen Now Right Honorable Lord and Reuerend Sages most wise and worthy interpreters of Law and Dispensers of Iustice great Guardians vnder God and King of Church and Common-wealth as I freely acknowledge to the glory of God and honour of the King for which I blesse God on the knees of my heart that God hath blessed this Land with many true Worthies on Benches in Courts of equitie and iustice bright-shining stars restlesse in motion in their orbe of gouernment so I most humbly beseech you to giue leaue to me your seruant in the Lord without your censure from sincere affection and dutifull respect to your persons to put you in minde of that which you know right well being so well furnished with wisdome humane and diuine and I am well assured on my small obseruation and short experience you endenour to practise through the spirit of grace inspiring and inabling you for discharge of that trust reposed in you in your publike imployments in this body politique by our gracious GOD and our religious KING The thing is this Sith the God of heauen and earth is the first mouer in his supreme orbe of gouernment all you his secondarie mouers in this your orbe of gouernment in this heauen of our politie ought to moue after the will and ordination of God and not as in that other Heauen by any rapt motion from your priuate affection nor yet irregular from inordinate passion nor by that of trepidation for feare of mortall man You must in your motion run the same course or vse the same end with God himselfe namely the glory of God in our good of Church and Common-wealth which as the lower earth are preserued and cherished with heauenly influence through your well-ordered and well-ordering motion And such subordination will surely cause an heauenly harmony and heart-pleasing consent in a circular reuolution thus God is the ordeyner of our King the King the image of God the Law the worke of the King Iudges interpreters of our Law Magistrates with them dispensers Iustice our fruit of Law dispensed this fruit of iustice the good of the people the good of the people the honour of our King this honour of our King the glory of God the ordeiner orderer and blesser of all And so in

I may be heard and Gods gracious blessing vpon that which shall be spoken and heard that it may redound to Gods glory and to our profit and comfort and so I proceede First generall Part. Giuing of the charge The first generall part formerly propounded is the giuing of the charge And I charged your Iudges at that time saying I. Point The Persons who gaue the Charge And the first particular therein obserued was the person who gaue it I that is Moses This one person Moses sustaines a double person 1. God First of God as he was a Prophet of God and spake from the mouth of God 2. The King Prudentiss●mus L●gislator ●ustissimus Princeps ac Propheta maximus Philo in vita Mosis Secondly of a King as he was the chiefe Ruler and gouernour and so it is the charge of GOD and the KING First this was the Charge of God for Moses the man of God was as was said an holy Prophet of God immediatly called of God to this holy function immediately assisted and directed in his execution by God and what he injoyned to this people he receiued it from God from Gods mouth or by inspiration of his Spirit or by some such speciall and infallible information of God Moses elected Iudges to helpe and assist him in iudging of causes with varietie and multitude whereof hee was ouer-charged and this he did by the wise and godly counsell of his father in law Iethro Exod. 18. yet vpon consultation also first had with God and expresse answer from the heauenly Oracle For so Iethro aduised him Exod. 18.23 If thou shalt doe this thing that is elect some assistant Iudges and God command thee so then shalt thou be able to endure And the conscience of Moses consulting with God did giue testimonie to this aduertisement of Iethro as the counsell of God and therefore this election of Iudges by Moses was in deede and effect the election of God and this Charge giuen to these New-elect was accordingly the charge of God Whence it followeth as a ground of all that I haue to speake that The charge for right execution of iustice giuen to Iudges by the Prophets of God is to be accounted the charge of God Doctr. This charge God giueth sometimes immediately with his owne mouth Exod. 10. thus God proclaimed the Morall Law which conteines all the grounds of equitie and iustice by his immediate voice and deliuered to Moses not onely the Ceremonials but also Iudicials by his immediate direction and by Moses vnto the Church as Leuit. 19.35 Yee shall not doe vnrighteousnesse in iudgement in line in weight or in measure And Moses in the execution of his weighty function did consult with God in his heauenly Oracle as did also Dauid and others 1 Sam. 3.7 8. in cases of difficultie not expressed in Gods word And God directed Ioshua Josh 1.1 2. after the death of Moses God giues this Charge sometimes by his instruments as Prophets Apostles and Ministers of the Gospell By Prophets as by Moses to these Iudges in this place and so by Isaiah to the Iudges of Iudah Is 1.17 Seeke iudgement releeue the oppressed iudge the fatherlesse plead for the widow By the prophet Ieremiah to the King of Iudah and his seruants Ierem. 2.2 3. Execute yee iudgement and righteousnesse and deliuer the spoiled out of the hand of the oppressor and do no wrong doe no violence to the stranger the fatherlesse nor the widow neither shed innocent blood in this place And Chap. 21. v. 12. O house of Dauid thus saith the Lord execute iudgement in the morning and deliuer him that is spoiled out of the hand of the oppressor By the kingly prophet Dauid Psal 2.10 Be wise now therefore ô yee Kings be instructed yee Iudges of the earth By the prophet Zachary to the Iewes Thus speaketh the Lord of Hostes Zach. 7.9 execute iudgement shew mercy And againe Zach. 8.16 Execute the iudgement of trueth and peace in your gates By his holy Apostles vnto Christian Magistrates as the Apostle S. Paul one for all the rest sets downe the office and charge of a Iudge or Ruler Rom. 13.3 4. saying Rulers are not a terrour to good workes but to the euill againe The Ruler is the minister of God a reuenger to execute wrath vpon him that doth euill Lastly God giues this charge by the Ministers of the Gospell who are his Ambassadors in matters of God to declare his will to the people of God And we Gods ministers stand charged of God as Timothie of St. Paul before God 2 Tim. 4.1 1 Tim. 5.21 and the Lord Iesus Christ and the elect Angels that we obserue all that God injoynes vs without preiudice and we must do nothing of partialitie but must diuide the word of God aright 2 Tim. 2 15. dispensing Gods mysteries as his faithfull stewards and giuing to our Lords familie to each one his due portion Luc. 12.42 in due season and so prescribing to Iudges and Rulers their duties from God as we our selues expect to be iudged of God and we must not dare to corrupt the word of God but as of sinceritie 2 Cor. 2.17 as of God in the sight of God so ought we to speake in Christ and so I desire to speake vnto you Wherefore right Honorable and beloued in the Lord Vse let mee intreat you from the Lord that you receiue from vs who serue God in this function our charge for iustice as the charge of God not measuring the weight of our embassage by the meannesse of our persons but weighing the worthinesse of our calling and giuing entertainment to the truth which we speake according to Gods word not as the word of man but of God alwaies remembring that of our Sauiour to his Disciples and in them to vs Behold I send you and He that heareth you heareth me Luc 10. v. 3 16 and he that despiseth you despiseth me And that worthy saying of our most learned religious King in a solemne disputation in the Vniuersitie The King himselfe ought to obey the Minister At Cambridge March 16 14. tanquam spirituali medico ex verbo Dei praescribenti as to a spirituall Physician prescribing to him out of the word of God And this accords with his Maiesties instructions to the Prince his eldest sonne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 10. When any of the spirituall office-bearers in the Church speaketh vnto you any thing that is well warranted by the word reuerence and obey them as the Heraulds of the most high God And so much of this as the Charge of God Now I come to it as the Charge of the King 2. The King giues this Charge The second person whom Moses susteineth in giuing of this Charge is the person of the King for hee was designed chiefe Ruler and Iudge of Gods people his authoritie was Regall his power Soueraigne though