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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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who hath all power in heauen and earth their Tenure by his Charter vpon his owne confession here I haue said Videmus hic saith Musculus b Muscul in Psalm 82. c. Wee see here that there is no Magistrate which is not of the will and word of God neither can they that are wicked be excepted for first of all he speaketh here not of godly but of vngodly Magistrates Againe when he saith all you he manifestly includeth them all that none can be exempted If any one shall aske me here Quis negat Who denieth this as hee that praised Hercules was asked quis vituperauit I could wish from my heart that there were no such root of bitternesse to be found no tongue heard to speake against the Gods of the earth in this their right But as Paul said in another case There are many aduersaries c 1. Cor. 16.9 Cardinall Bellarmine so minceth the matter that a man may easily see it is his meaning to bring the Magistrates necke vnder the Popes or the peoples girdle to make their crowns at the command of either or both Politica potestas saith he d Bellar. de Laicis cap. 6. the ciuill power being considered in the generall without descending in particular to Monarchy Aristocracie c. is immediatly from God onely Secondly this power is immediatly in the whole multitude as in the subiect Thirdly euery particular kinde of gouernement is of the law of Nations for it dependeth on the consent of the multitude to set a king ouer them Againe his distinction betweene Kingdomes and the Popedome is Regna non sunt c. kingdomes are not of the law of God but of the law of nations and therefore are changeable but the Popedome is of the law of God and cannot be changed e Bellar. de Clericis cap. 28. All which positions put together open the doore for other doctrines of the same Cardinall which make ciuill Magistrates euen Kings the supreme f 1. Pet. 2.13 Homagers both to people and Pope and giue them both power to pull off their crownes and cast them out of their Thrones which yet are not theirs but Gods held from him as Salomon is said to sit on the Lords Throne g 1. Chr. 29.23 For the peoples power herein Non licet saith he h Bellar. lib. 5. de sum Pontif. cap. 7. it is not lawfull for Christians to tolerate a king that is an Infidell Againe Christians are not bound nay they ought not to tolerate an infidell King with euident danger of religion We see then that the ciuill power which is immediatly in the people and but in the Magistrate precario by curtesie from them may nay must be taken from Kings by the people in case of infidelity and heresie For the Popes power herein Papa potest c. The Pope may change kingdomes and take them from one and bestow them vpon another as the chiefe spirituall Prince if it be needfull for soules health i Bellarm. lib. 5. de sum Pontif. cap. 6. Which power at least if it may stand but currant it shall be hard if this great Physitian of their soules doe not finde some distemper in them for which the bloud royall must be let out But spectate importunitatem beluae see the vnreasonablenesse of the beast because the Cardinall denied this power to the Pope ordinarily and directly as Pope and gaue it him per obliquum ductum extraordinarily and directly in ordine ad spirituale bonum in order to the spirituall good as he is the chiefe spirituall Prince Sixtus Quintus the Pope that then reigned was so little pleased therewith that Parum abfuit he missed but a little of abolishing all his workes by his Papall censure saith Barclaius k Barclaius de potest Papae as the Iesuits told me in good earnest For that Pope in his Bull against Henry the third of France roared out l Barcl ibidem Se supremam c. that hee had supreame authority ouer all Kings and Princes of the whole earth and all people and nations deliuered vnto him not by mans but by Gods ordinance and was tam animosus so couragious or rather outragious in shewing this power that there was a thunder-bolt of excommunication made ready vpon the string and should haue beene shot off against the most Catholicke King Philip of Spaine who was haeresis in suo populo in sua prole vltor m Prefat ad Lector in Barclaio a punisher of heresie in his owne people in his owne off-spring and in whose soule hee could hardly finde any sicknesse of heresie if Sixtus had not beene subita febre sublatus taken out of the way with a sudden feuer which how it came about they that know the policies and poysonings of that generation can easily imagine And before him Gregory the seuenth in his execration against the Emperour Henry the fourth chalengeth vnto himselfe absolute power on earth imperia regna c. to take away and giue Empires Kingdomes Soueraignties and whatsoeuer mortall men can haue n Platina in vita Henric. 7. And being aduised to vse more mildnesse in his proceedings not so to throw downe Henry from all Imperiall and Royall administration hee cryed out When Christ committed his Church to Peter and said Feed my sheepe excepitne reges did hee except Kings for depriuing and deposing are high poynts of feeding with them And the Canon law maketh the Pope Regem c. King of Kings and Lord of Lords o Extrauag Iob 22. titul 14. de verb. sig c. cum inter in glossa which is Gods own stile In it Popes contend that Imperium subest sacerdotio the Empery must bee subiect to the Priesthood p Innocent 3. decret 1. tit 33. de Maiorit that Romanus Pontifex c. the Pope hath both swords and iudgeth all men q Bonifac. 8. extrau de maiorit cap. vnam sanctam and reason for their direct superiority in temporalibus in all Temporall matters not onely ouer the Christian but also ouer the whole world and the Gods thereof Heere are two swords therefore the Pope hath both swords I haue set thee ouer Nations and Kingdomes to roote out and to pull downe c. r Ier. 1.10 therefore the Pope is ouer Kingdomes to pull them downe translate and giue them to whom hee will Christ hath all power in heauen and in earth f Math. 28.18 therefore the Pope his Vicar bath the like And Antoninus applyeth that of the Psalme Thou hast put all things vnder his feete t Psal 8.6 to the Pope interpreting Sheepe to be Christians both Kings and Subiects Scriptures scarcely so fitly alleaged and expounded as the deuill did the Text against our Sauiour And one of them is bold to say Non videretur c. Our Lord should not seeme to haue beene discreete that I may speake with reuerence of him u Petr. Bertram
selleth righteousnesse which he ought to bestow freely Of affections doing nothing for respect of persons for which cause in old time obducto velo iudicabant they iudged hauing a veyle ouer them d Muscul in Psal 82. and the bare causes were iudged without any mention of the persons e ●●em in Psal 45. putting of all affections of feare which will make them loath to displease of loue which will make them ready to please of hatred which will make them ready to reuenge For Perit omne iudicium cum res transit in affectum f Senec. Iudgement is quite vndone when the matter is caried by affection Exuit personam c. He putteth off the person of a Iudge that putteth on the person of a friend saith Tully or of an enemy say I. A third property to be imitated expressed is his Clemency and Mercy The Lords is mercifull and gracious slow to anger and plenteous in mercy g Psal 103.8 The Mountaines the strong foundations of the earth that is the Magistrates must so do iustly that they must withal loue mercy h Mich. 6.2.8 And a Kings Throne is as well vpholden by Mercy as by Iustice i Prou. 20.28 For as Chrysostome saith Iustice without mercy is not iustice but cruelty as on the other side Mercy without iustice is not mercy but foolish pitie There is a time to spare as well as to smite k Eccles 3. when not summum ius extreme right but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the moderation of right must take place The Wise man forbiddeth to bee too seuere l Eccles 7.14 Acerbis iudicijs magis vastatur quā corrigitur ciuitas saith Salust A Citie is rather ruinated then reformed by sharpe Iudgements And when this relaxation of the extremity of Law must be vsed the peculiar circumstances of times places persons and occasions will shew A fourth iudiciary property is Power and Courage in execution Might is Gods as well as wisedome m Dan. 2.20 None can resist his will n Rom. 9.19 Babylons iudgement will assuredly light vpon her because the Lord is strong that iudgeth her o Reu. 18.8 And the earthly Gods must bee men of courage p Ex. 18.21.25 strong and shew themselues like men q 1. King 2.2 Not like Rehoboam tender-hearted and not able to resist the sons of Belial r 2. Chr. 13.7 nor like Dauid at his beginning so weak that any sons of Zeruiah should be too bard for him ſ 2. Sam. 3.39 not bearing the sword in vaine against any euen the great Ones nor suffering wholesome Lawes to be like spider webs which do infirmiora animalia retinere valentiora transmittere as Anacharsis said t Valerius maximi de memorabil Hold the weaker creatures but let the stronger passe through but euen taking an order for bloudy Ioabs cursing Shemies treacherous Absoloms aspiring Adoniahs and punishing sinne as well in the necke and shoulders as in the legges and feete of the body politicke Now in all these properties I may say with Paul I haue nothing to accuse my nation of u Actes 28.19 I haue nothing to lay to the charge of our reuerend Iudges heere present x Sir Henry Hobart Knight Baronet L. chiefe Iustice of the Cōmon pleas Sir Laurence Tanfield Knight L. cheife Baron of the Exchequer I cannot God be thanked vpbraid you as Paul did the Corinthians with going to Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before vnbeleeuing Magistrates infidels for their faith or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vniust for their practise and conuersation y 1. Cor. 6.62 Nay if vox populi bee vox Dei the voyce of the people bee the voice of God herein the eare that heareth them blesseth them and the eye that seeth them giueth witnesse to them z Iob 29.11 and of them that they are with Ioseph of Arimathea good and iust men a Luk. 23.50 that with Moses they sit to heare matters from morning to euen b ●●od 18.14 that with Iob Where they know not the cause they search it out diligently are fathers to the poore breake the iawes of the wicked plucke the prey out of their teeth put on righteousnesse as a garment and iudgement as a robe and diademe c Iob. 20.12.14.16.17 that their moderation is knowne to all men d Phis 4.5 that they heare and iudge the small as well as the great e Deut. 1.17 yea and the great as well as the small Not sparing with Moses to hang vp the Heads of the people f Num. 25.4 euen to punish the great ones after their desert Therefore I haue no reprehension but onely an admonition vt faciant quod iam faciunt That they do still that which they doe at this present I haue no rod to come to them with nouae but an enge well done good and faithfull Stewards of the high God as you haue begun so continue that the great Maister when hee commeth may finde you so doing g Math. 24.46 as you run well so finish your course that the Lord Iesus that righteous Iudge who hath honoured you heere with his name and Throne may honour you hereafter with a Crowne in corruptible and a Kingdome that cannot bee shaken To him with the Father and the Holy Ghost three Persons and one God bee giuen blessing Honor Glory and Power now and for euer Amen FINIS