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A67236 Of Christian magistracy A sermon preach'd in the Cathedral-Church of St. Peter in York, at the assizes held there, July the 26th, 1697. Before the right honourable Mr. Justice Nevill and Baron Turton. By Christopher Wyvill, D.D. and Dean of Ripon. Wyvill, Christopher, 1651?-1711. 1697 (1697) Wing W3786A; ESTC R222179 17,177 31

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guard against them for our reparations of them for the recovery of our just Rights and for a Legal determination of what is right or wrong in Disputable Causes that are or may be of great concern to us And in vain it would be to have either Laws or Magistrates if this use might not be made of the benefit of those and the ministry of these 2. But Secondly be the Case what it will upon which we enter an Action at Law or be the occasion of it never so justifiable yet we ought to take great care that we manage it with due Tempers and Dispositions of Mind First then 1. In the commencing of every Suit at Law we should in the first place consider that by Christian Charity we are obliged to manage it with all possible calmness meekness and kindness forbearing all manner of uncharitable Invectives bitter Railings and malicious Accusations of one another We should quietly leave the Matter to be fairly and equally decided by a due Course of Law and the Sentence of the Judge And in the mean time we should embrace one another with a friendly and courteous Behaviour and amicably converse together It is without doubt Lawful for any Man to sue for what may be his own or what he thinks to be so especially if it be a matter of concern and will admit of no other decision But then to proceed in it with a rough and surly Demeanour to bespatter each other with scurrilous and spightful Words to raise Reflections and foment Suspicions extrinsecal to the Business in dispute is neither the right way to obtain the Cause nor agreeable to that Charity which the Gospel enjoyns us 2. Moreover in all Suits of Law we should discharge our Minds from all inclinations to Revenge and beware of a bitter and passionate Spirit We must not hale our Adversary to the Bar of the Magistrate on purpose to be revenged on him but to right our selves and redress our Wrongs nor must we design any more harm to him than what is necessary for our own Lawful Vindication and for the ends of Publick Justice 3. We should consider also farther that it is not becoming us either as Christians or Men when we have carried the Cause and got the better of our Adversary insolently to boast and triumph over him We should not mock or abuse him nor aggravate his loss by reproachful or scornful Language We should rather remember and observe the Advice of Solomon Rejoyce not when thine enemy falleth and let not thine heart be glad when he stumbleth Prov. 24.17 4. Lastly it is the duty of both Parties in all Actions at Law to rest satisfied with the definitive Sentence and Determination of the Judge He that hath obtain'd his Cause to be sure will he that hath lost it in right Reason and Prudence ought to do so too He should be patient if he thinks himself injured and charitable if he be wronged He should not envy the Adversary that got the better nor murmur at the Jury that brought a Verdict contrary to his mind nor suspect the Integrity of his Councellour as if he had not pleaded for him to the best advantage much less speak ill of the Judge that gave the Cause against him He should quietly sit down and submit to peace if he thinks his just Cause is rejected and oppressed His just Cause Nay he should rather suspect his own Judgment and conclude that his Cause was neither right nor just but that he himself was in the wrong since in a Court of Justice before Wise and Understanding and Impartial Men the Cause was carried against him Thus humbly and meekly should he carry himself rather than rail at or accuse any of the adverse Party and he should depart the Court without regret and quietly rest contented with the loss of his Pains and Cost To do otherwise will but discover a revengeful malicious Spirit inconsistent with the meekness and patience and humbleness of a Disciple of the meek and the patient and the humble Jesus And thus much may suffice to be spoken with respect to the first sort of Matters that may be brought before a Christian Judge or Magistrate and those are Matters of Civil Controversie betwixt one Man and another engaged in Suits of Law 2. The second are Criminal Matters or things done contrary to the Laws by such Offenders and Evil-doers as are to be punished according to their deserts with respect to which I shall shew the Reasonableness and the Necessity of it Now although it be true that the Christian Judges of whom my Text speaks had not the Power of Judging in Criminal Matters nor of punishing Offenders with the Civil Sword because the Civil Power was at that time in the hands of the Heathens yet when a Nation is become Christian and the Civil Power is lodged in the hands of Christian Magistrates 't is but very fit and reasonable that they also should have the cognizance of Criminal Matters and award Punishments according to the Malefactors deserts Without this Power the Christian Common-wealth could not subsist in safety nor the particular Members of it be protected from Violence and Oppression And therefore even a Christian Ruler hath the Power of the Sword committed to him which he ●eareth not in vain for he is the minister of God a revenger to execute wrath upon him that doth evil Rom. 13.5 And the Governours or Magistrates who are deputed and delegated by him are sent for the punishment of evil-doers as well as for the praise of them that do well 1 Pet. 2.14 And though there be a Judgment to come hereafter when the Wicked shall be condemned to endless Punishments for the Crimes they have committed in this Life yet for the security of Publick Peace and Order in the World it is not safe to leave Men to Terrors at such a distance but to commit to Magistrates the Power of executing Vengeance on Evil-doers here that others by their Examples may learn to do well at least that they may be with-held from offending for Wrath if not for Conscience sake Now there are divers sorts of Criminal Matters that may be brought to the Bar and several sorts of Offenders against the Law that reasonably may and most justly ought to be punished by it But of all sorts there are some so notorious and so very remarkable that I cannot but mention them not barely to excite the Government against them but to shew the Justice and Equity of its Proceedings in Punishing them together with the Reasonableness and the Necessity thereof and to deter others from following their pernicious Examples 1. The first sort of those Offenders which I shall take notice of are those amongst our selves who being the natural born Subjects of this Land do most unnaturally endeavour to disturb our Peace by Commotions and Rebellions who seek to subvert our Laws and Government by promoting a Foreign Invasion and to that end and purpose
do plot and contrive the most barbarous Murder of our King It is a great Blessing of God which we of this Nation do enjoy that although we are engaged in a Just War with our Enemies Abroad yet we are at Peace amongst our selves at Home and free from those distresses and hardships which our Neighbouring Nations that are made the Seat of the War do groan under But how desirous are some amongst us to disturb this our Peace How industrious have they of late been and may perhaps be still to procure our Enemies to invade us and bring great Miseries and Calamities upon us and to overwhelm us all in Blood and Confusion For what can be the end and design of calling in the French amongst us Is it out of good Will towards us Is it because they love us and have a kindness for us and design to do us good Let them believe it that can Is it not rather through the side of our King to give a deadly wound to our Church and State Is it not through a stream of Royal Blood to make a passage to our own Bowels Is it not to subvert our present Peace and Tranquillity our Quietness and Security and utterly to subvert and ruine whatsoever is near and dear to us 'T is easie to imagine 't is natural to believe that the French those sworn and implacable Enemies to our Church and State would endeavour an Invasion upon our Land with a design on purpose to extirpate our Religion Laws and Liberties and to make our Nation become Tributary to their own But that any Englishmen the natural born Subjects of this Kingdom should sollicit them to it should be aiding and assisting therein that in order thereto and to the facilitating thereof they should contrive to assassinate the Person of an Anointed and Crown'd King of that King who so often and so bravely hath hazarded His Royal Person in the defence of this Kingdom and for the vindication of the Common Liberties of Mankind against the Power and Violence of the Common Enemy and Oppressor that Protestants should joyn with Papists to bring about a Popish Invasion for the destruction of a Protestant King and Nation this is that which we cannot but with horrour stand amazed at It is our great Happiness that we live under the Government of a King whom we may without Flattery reckon to be one of the best of Princes by whom we have our Laws our Liberties our Properties our Religion all entirely preserved and through Gods Goodness secured to us Concerning whom we may without a Compliment make use of those words of Tertullus the Orator to Felix the Governour Seeing that by thee very worthy deeds are done unto this nation by thy providence we accept it always and in all places most noble Felix with all thankfulness Acts 24 2 3. Even those very Persons who through Prejudice or Ignorance or a misinform'd Conscience cannot or will not comply with the Oaths to His Government even they if they please may live quietly and peaceably and undisturbedly under it And therefore with what horrour and indignation can we but think upon what Punishment can we think too great for those Miscreants who by a treacherous and bloody Assassination would deprive us of the benefit of His Life These are certainly Malefactors in grain Offenders of the greatest size and justly deserve that Vengeance which some of their Associates have already suffered the unsuccessfulness of whose Attempts and the example of whose deserv'd Punishment may serve to deter all others from the like Treasonable and Base Designs 2. Another sort of Evil-doers there are who although they have no design against the Kings either Life or Government do deface His Image and Superscription and impose upon the Nation with Counterfeit ones whereby they do great injury to the Publick and deserve Punishment as well as common Highway-men and Robbers And though several of these Evil-doers have of late been taken off by the Justice of the Laws against which they so highly offended yet the spawn and generation of them is not yet extirpated but 't is rather to be feared that they still grow more numerous as if the great Blessing of God to the first Race of Mankind had been design'd for them Be fruitful and multiply Gen 1.28 And therefore 't is every good Mans concern and interest to discover so far as he can these enormous Criminals and to bring them to the Bar of Justice that if it be possible our Land may at last be freed from those Defacers and Counterfeiters of Majesty 3. Another sort of Offenders whom I shall take notice of are the common Debauchees of the Nation they who trample under foot the Laws both of God and Man and are so far from being ashamed of their Lewdness and Impieties that they openly talk and brag of them and make a glory of that which should be their greatest shame These are the worst Enemies which the Government hath how great Friends soever they may pretend to be to it forasmuch as for their notorious Sins and open Impieties the Great and Just God may be highly provoked by unforeseen and unthought-of ways to unhinge the Government to weaken the nerves and sinews of it to blast the publick undertakings for our good and to deprive us utterly of our Religion Laws and Liberties since we make no better use of them But now the Power and Authority of the Civil Magistrate may avert those Judgments by causing condign Punishments to be awarded upon these impious Offenders which perhaps may be more available to a publick Reformation than the best Discourses and Sermons of the most able Preachers and we may then hope for and expect the Blessing of God upon the Nation when by good Laws and Statutes such as are already made such as the Wisdom of the Government shall hereafter think fit to make and the due execution of them the flood-gates of these common Impieties shall be stopt up Other Criminals and Evil-doers there may be whom the Justice of the Laws may find out But whosoever they are that will not obey the laws of God and the laws of the King 't is but fit and right reasonable and necessary for the discountenancing of Vice for the encouragement of Vertue for the preservation of Peace and good Order in the Christian State that Judgment should be executed speedily upon them whether it be unto death or to banishment or to confiscation of goods or to imprisonment Ezra 7.26 Now from all that I have hitherto said we may discern 1. That we have great Reason to bless and praise the great Mercy and good Providence of Almighty God for that we are now blessed with Judges and Magistrates who are not only Christians but Professors of that Christianity which is the purest and the best reformed in the World You see that St. Paul would not have the Christians to whom he writes to have any thing to do with the Heathen Judges