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A48944 The honour of the magistrate asserted In a sermon preached at the assizes holden at Lincoln on Monday, March the 23. 1673/4. By Thomas Lodington, M.A. Sometimes fellow of Magdalen Colledge in Cambridge, and now rector of Welby in the county of Lincoln. Lodington, Thomas, 1621-1692. 1674 (1674) Wing L2812A; ESTC R217723 19,040 35

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hath called by his own 〈◊〉 and set 〈◊〉 own S●…t The Magistrate is as Th●…ret says of C●… exalted to the right hand of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 made Co-asse●…r with God in the throne of Judgment And as Christ grants to the Saints who are made Kings and Priests unto God to sit on his throne and with him to judge the World at the last great Assize● so doth God take Magistrates into fellowship of government with himself and sets them on his throne in these lower Courts of Justice that they may with him and for him judge the World in Righteousness Thus Solomon is said to sit on the Throne of the Lord 〈◊〉 King instead of David his Father 1 Chron. 29.23 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thus Justin Martyr I have given you my own Honour my own Place my own Name therefore do you judge the People as I my self would judge them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Servant of God so the Magistrate is called by Plutarch and by St. Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. He is the Minister of God to thee which Title doth not only maintain the Honour and keep inviolable the Soveraignity of God but also adorns and adds to the Royal Titles of the greatest Monarchs on Earth Nor is it the piety of Christian Kings only which accounts it their greatest honour to be the Servants of God in governing the World but the Policy of all Kings to glory in this that they receive their Authority from God Numa Pompilius one of the first Kings of that afterwards flourishing and victorious City Rome laid the foundation of its greatness in possessing the People of this perswasion that he received Laws immediately from heaven I have said ye are Gods And all of you are Children of the most High Here 's no accumulation of Titles upon Magistrates but an Embellishment of the former To be called Gods is so magnificent and comprehensive a Title that it needs none nor admits any other to follow it This latter Clause of the verse is Exeg●…cal and further declares the sence of the former And where there is a Reduplication of Expression and more words are used to represent the same thing it puts a greater remark upon what is spoken 1. As Children associated with God in the Government of the World as some of the Emperours took in their Sons to be their Colleagues in the Empire 2. Dear unto God as Children whom he will protect defend and guide while they by his appointment are employed for the protection defence and Government of his People 3. Made like unto God as Children not only as they are through the dignation of God made like him in Honour Majesty and Authority but in Wisdome Magnanimity Clemency and other abilities for Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The lively image of God so the Magistrate is called in respect of accomplishments for government The Images of the Heathen consecrated by their Priests were believed to be Enlivened by Those whose Images they were and so were worshiped as gods Magistrates made Tutelar gods to us to defend and govern us are accomplished and fitted by God whose Image they bear for the Service they are appointed to God gives Saul another heart 1 Sam. 10.9 C●r aptius adregendum Cives Pharaoh discernes in Joseph the Spirit of God the Spirit of a Magistrate God bestows on Solomon Wisdom and Royal Majesty 1 Chron. 29.15 Vos omnes And all of you What is said Indefinitely before is now expressed Vniversally made to concern All Magistrates as well Subordinate as Supreme both in the priviledges and obligations of the Grant So that he that sits in the lowest seat of Judicature must know himself associated with God in Government and obliged to act as God and for God in his place Having thus shewed in what sence this great name put upon Magistrates is to betaken I shall now shew in what respects it is applicable to them and wherein stands the Analogy betwixt their Office and their Title Magistrates may be truly called gods in respect of 1. Their unlimited Authority 2. Their mighty Power 3. The Vnaccount ableness of their actions 4. The Peoples necessary Subjection To make good these Particulars I must premise Three things 1. That Magistrates be taken Collectively and in a complex sence for the whole order of Magistrates supreme and subordinate 2. That God's Soveraignty be reserved to him Entire 3. That what Comparison is made may stand betwixt the Magistrate and the Subject These supposed The Magistrate hath such Authority within his Dominion as none can set bounds to The Legislative Power has no restraint saving what it puts upon it self but may enact what Laws it pleases for the well governing and protecting the People And as none can controll the Authority of the Magistrate so none can resist his Power There is a kind of Almighty power in his hand The Posse Comitatus is great but the Posse Regni is far greater having no Competitor to compare with it nor Adverse Power to oppose it The whole force of the Kingdom Military and Civil is of right lodged in the Magistrate Resistance is not only impious being expressly against the Ordinance of God but imprudent too for it certainly makes men obnoxious to eternal punishment for so the Apostle says They that resist shall receive to themselves damnation and it doth almost as certainly expose men to temporal punishments for seditious practices are rarely prosperous and if they be those seldom hold that power long which they wickedly wrest out of the Magistrates hand and then they fall under his justly incensed wrath But supposing the subordinate Magistrate not wanting to the Supreme either in diligence fidelity or courage there is scarce a possibility much less a probability of resisting the Power with success Nor can any call the Magistrate to account for his carriage in his office The subordinate Magistrates owe an account to the supreme and the supreme to God Almighty who alone is his superior To take an account 〈◊〉 an act of Authority the Subject therefore having no Authority over the Magistrate cannot exact of him an account of his government Where the word of 〈…〉 there is power and who may say to him what do●t thou Eccl. 8.4 Dei non subd●t●rum judu●… et c●…ura obn●…us est is a good gloss upon the place To affirm this is not to abandon Religion Liberty and Property to tyranny and oppression for the Magistrate is tyed up by Law how to govern and by Oath to govern according to Law And though the supreme Magistrate owe an account to none but God yet seeing he act by subordinate Power and one subordinate Power may call another to account before the supreme all is in safe condition And that which adds to our security under Chri●tian Magistrates is this that they account it the greatest obligation to discharge themselves worthily in their place that they stand accountable to God
they cannot persecute us we are content so far to be reputed Persecuters As to the cause of Religion we desire you to use the Civil Sword to protect us of the Clergy in the Profession and Exercise of it no further than we shall be able through the grace of God to use the Sword of the Spirit to defend the Doctrine of it against all adversaries whatsoever We are so well assured of the goodness of our Cause and have of late been so well awakened by the insolencies of our adversaries that the weapons of our spiritual warfare that before lay in their rust when no adversary appeared are now furbished up and appear able to desend us But against their cunning contrivances and secret conspiracies against their bloody massacres and open violences we have no means to defend our selves onely our Prayers are unto God who is a God of truth and delights in the safety of those that stand up for the truth Our Prayers are also unto you whom God hath stiled Gods under your shelter we betake our selves Vmbra Principis est umbra Dei So the Arabick Proverb Under your shadow we hope to be safe You are Gods not Titular gods who have the name of God and nothing else but Tutelar Gods to whom our defence and safety is committed There is another sort of People yet remaining who are a dishonour to Religion and hinderers of it both in the publick exercise and pious practise I mean the Atheist and Profane I put them together for they both live without God in the World the one impudently with his mouth the other Sinfully in his heart and life says There is no God The emptiness of our seats in our solemn assemblies proceeds chiefly from these mens contempt of the holy Ordinances of God The greatest profanations of the Lord's day are from these The ancient Heathens not understanding that the Sabbatical rest was appointed not to satisfie the flesh with ease and sloth but to make way for work of e higher nature and greater concern to be performed by the whole man derided the Institution of the Sabbath And Seneca as St. Augustine observes doth unjustly accuse the Jewish Sabbath as depriving men of the seventh part of their time and as devoting that to idleness which might be profitably spent in their lawful employments and as if the God of the Jews wearied out with his six dayes labour in creating the World did devote the seventh day to his ease and refreshment Our moderu Heathens by their loose observance of the Lord's day seem of the same opinion with the Ancient while they either grudg to have it give intermission to their secular affaires or else spend it wholly in sloth and carnal pleasures Your severer Eye my Lords upon these persons might happily cast an awe upon them to spend the Lord's day with more conscience or at least less scandal Our Givil rights come next into our thoughts and present themselves to you my Lords in our Petition that Justice be administred for the preserving to every man his right in possession and the recovering it where he is disseized And here all persons concerned in this Court either in bringing any Cause to tryal or in preparing it for judgment are to be earnestly requested that they do what truth and justice requires of them You that bring the action do not bring trivial matters before my Lords the Judges for they fit on the tribunal of the great God Do not more vexations Suits to disquiet your neighbour without Cause The Law is good as the Apostle says of the Law of God if a man use it lawfully namely to preserve or recover his just right Do not bring an unjust Cause in hopes of good success either through the wisdome and eloquence of your Councel or favourableness of your Jury not to mention any other more S●●ister meanes For as an Angel of God so is my Lord the King to discern good and had and my Lord is wise according to the wisdom of an Angel this is said of David and may be applied to others whom God hath placed on the seat of Justice It would make much for the honour of the long Robe and give check to contentious Spirits if the Learned Councel would refuse the Patronage of such Causes as appear unto them manifestly bad I do believe some causes are declined by those worthy Persons upon this very account because their integrity and generous minds will not suffer their choyce parts and great accomplishments in knowledge and eloquence to ingage against the truth least they should serve too happily to bear down a Righteous Cause And many times where Persons of integrity and worth are retained in unrighteous Causes the blame may justly be cast upon the Client who out of a natural partiality to himself misreports his Cause and puts such a disguise upon it that the blemishes of it are not seen by his Councel He declares his cause before his Counsel as before his Judge not as to the person who is to edvise him in it but as to him who●● to give Sentence upon it Witnesses have a singular usefulness in judicial proceedings If they prevaricate and attest what is false they are an unavoidable obstruction of justice judgment proceeds secundum Allegata et Probata it's the proof that gives weight to the allegation and that lyes upon the witnesses If they give false evidence the very nature of the thing is thereby changed a being is given to that which is not and taken away from that which is For in Courts of Judicature the appearance is more than the essence Quod non apparet non est and what is made appear though by false evidence is supposed and adjudged to be Therefore false witnesses do in the Prophet's Expression Justifie the wicked and take away the righteousness of the righteous from him Jurors are as much coucerned as any in the administration of justice and therefore must be addressed to in our request The Law takes them for good and lawful men and if we make them participants in the stile of the Text though in the lowest degree we advance them much higher and they indeed are the judges in all causes though they sit not on the Seat yet do they the Office of the Judge They bring to the Bar that sentence which the Judge pronounces on the Bench. Act like your selves like men of repute as men advanced to great employment and trust The lives and estates of others are in your hands stand upon your credit and do nothing base and unworthy Look not now upon your selves as you are in your private capacity but what you are in your publick employment You are summoned hither upon the credit of your abilities and integrity you are impannelled into Juries and so made Judges in matters criminal betwixt the King and his People in matters Civil betwixt man and man shew your selves in your present service persons worthy of such eredit and such
trust Here are no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no mute persons as in Comick affaires whose bare appearance on the Stage is their whole service These judiciary proceedings are solemn actions every person employed has his necessary use Here are not Twelve men impannelled that Eleven of them may stand as Ciphers and the Fore-man do the whole service He for order and decency speaks but it is the Sentence of the whole Jury not his own single judgment Jurors and Witnesses are both under strongest obligations to discharge their duty They are Sworn in the presence in the name and to the service of God who is a righteous God You are all of you to take that Oath solemnly with understanding consideration reverence and 〈◊〉 solution to observe it and not onely as a thing done in course and out of custome Witnesses are bound by Oath to give evidence according to the truth so far as they know and Jurors to give sentence according to their evidence Neither the one nor the other must be by assed by sinister affections or ends but both make it their business that right may be done the one that truth appear the other that it prevail Neither shalt thou countenance a poor man in his cause Exod. 23.3 God doth not give this Command to cast the poor out of the protection and care of the Law and to expose them to oppression without remedy for the gracious God delights to be the helper of the helpless But that the merits of the cause and not the necessities of the Person be looked upon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Here is required says Philo an inflexible rigour and inexorableness against supplications from the poor and commiserations in our selves of them And if not the Cries of the poor which are the most powerful charms if these must not prevail to pervert Justice then much less any thing else as fear favour hopes of reward If God will not have justice obstructed for the sake of his greatest favourite much less will he for any man else Non ornabis causame jus phaleratis verbis the precept thus glossed on seems cheifly directed to the Councel they must not by witty insinuations and eloquent language put a faire colour upon a foul cause no not when a poor man's concern is in it and by that means baffle the Witnesses and blind the eyes of the Jury There is no respect of persons with God nor must there be with you who bring the causes of men before those that sit on the Tribunal of God Gifts and hopes of reward are great preverters of Justice and must be avoyded by you as Snares cast in your way In Criminals be very tender of the lives of men Let Witnesses be well assured that it is the truth onely and not any wayes aggravated which they give in evidence and Jurors that they have sufficient clear evidence for such sentence as touches life Yet because the life of the offender is at stake let not fond pitty move the Witnesses to suppress or the Jurors to oppress the truth Punishment is oftentimes medicinal and reclaimes malefactors but if the medicine proves so Sharp as to kill the patient it usually hits of another happy effect and becomes an Antidote to many One ill effect of fond pitty is this what is pitty towards one is cruelty both to him and many more It justifies him in his sin and multiplies the number of offenders and their outrages upon the persons and estates of the innocent For he that comes off well upon an inditement for Felony or Murder or any other crime will be ready to pass as favourable a sentence upon himself as his Jury has done and so instead of repenting he justifies himself in his sin and in hopes to find his next Jury as kind as the present he runs into like wicked Courses and draws in others into confederacy with him There is another thing yet considerable in this matter whosoever shall as a false witness or perjured Juror acquit a guilty person wittingly besides that he doth a thing abominable to the righteous God juslifie the wicked he makes himself a real great offender to make the malefactor seem an innocent person he makes himself guilty of perjury to acquit the other of his theft or other Crime But being desired where I might have been Commanded to be short I will no longer detain this Honourable and great assembly from the important service that attends them I shall now make my humble address to Almighty God That he who has called you my Lords by his own name set you on his own throne and employed you in his own work would be graciously pleased to protect direct and prosper you in these your great affaires And that he will also so guide and over-rule the Body of this County met here this day to assist your Lordships in the administration of Justice that every one may carry themselves in their several employments at this Assizes with that diligence and faithfulness as those who are to give an account of all at the last and great Assizes where Christ himself shall sit upon the Throne of Judgment FINIS