A SERMON PREACHED at the Assizes held in WARWICK. MARCH the Nineteenth, 1682/3. By SAMUEL JEMMAT M. A. sometimes Fellow of University College OXON. now Vicar of St. Nicholas' Church in the Borough of WARWICK. OXFORD, Printed by Leonard Lichfield, Printer to the University, for George Teonge, Bookseller in Warwick. 1683. To the Worshipful THOMAS LUCY of CHARLECOTE Esquire, HIGH SHERIFF of the County of Warwick. THere are three things, which, if universally conjoined, would certainly make this Nation happy: The just Awe and Reverence of the Divine Nature: Loyalty to the King, God's immediate Vicegerent upon Earth: And the due Execution of Justice, for the terror of evil doers, and the praise of them that do well. The first would make them good Christians; the second would make them good Subjects; and the third, would either persuade, or force them to be good Men. In order to the attaining of these ends, I have made it my business, according to my slender capacity, to evidence that there is a God, who ruleth over the highest; and that He is so far graciously pleased to promote the good of Humane society, as to make Government his own Ordinance; that they, who are Subjects, are bound to be obedient, and loyal, by God's authority; and that they, who represent our gracious Sovereign in the high seats of Judicature, are obliged to fidelity, by the greatest Commands and Encouragements. SIR, being selected, by Your undeserved favour, to be your Chaplain, at this remarkable time, I was persuaded, that I could no way better publish the true sentiments of your Loyal heart, or discharge my Own Duty, than by endeavouring to instill into the minds of my Auditory these weightier matters of the Royal Law. If I have, in the least degree, promoted the Honour of God, and the King; satisfied yourself; confirmed any true Christians in their just sentiments; and convinced, or confuted any seditious, Anarchical spirits; I have compassed my end, shall give God the glory, and remain, Honoured SIR, Your most Humble and Faithful Servant, SAMUEL JEMMAT. 2 CHRON. 19.6. And said to the Judges, take heed what ye do; for ye judge not for man, but for the Lord; who is with you in the Judgement. IEhoshaphat was one of the best of all the Kings of Judah; it having pleased the Spirit of God to record it of him, about the beginning of his Reign, a 2 Chron. 17.3, 4. that he walked in the first ways of his Father David, and sought not unto Baalim; but sought to the Lord God of his Fathers, and walked in his commandments, and not after the do of Israel. And afterwards, towards his latter end, the same spirit testifies, b 2 Chr. 20.32. that he walked in the way of Asa, his Father, and departed not from it, doing that which was right in the sight of the Lord. And on the other side, He only chargeth him with breaking Leagues with c 2 Chr. 18.3. Ahab, and d 2 Chr. 20.3. Ahaziah, two wicked Kings of Israel, (which, according to humane policy, might seem agreeable enough with the reasons of State) and for not removing the High places, e 2 Chr. 20.33. which the people still had recourse unto, having not throughly prepared their hearts to the God of their Fathers. By all which it is intimated, (though his Predecessors had their failings) yet He, in the beginning, progress, and end of his reign was highly commendable. That he had a constant respect unto the holy commandments of God, and made them the rule of his own life, as well as the Government of his Kingdom. The consequent whereof was this, that he did more in the reformation both of Civil and Ecclesiastical affairs, than any that had gone before him, since the days of David. The words, which I have read, are part of the charge, which this good King gave to the Judges commissioned by himself: And therefore, from them, we may rationally expect to learn some of the main and principal duties, which concern all those, who live in any degree of Eminency, or Authority, either in Church or State: and more especially, those that are in office, appertaining to Justice. This good King, being dead, yet speaks, and that aloud in the words of the Text: saying to the Judges, take heed what ye do, for ye judge not for man, but for the Lord, who is with you in the judgement. Which words present us with four remarkable, and profitable truths. The two first of which, aught to be of general influence; and the two latter principally concern those Sages, which are in Commission. They are these. Truth I That the primary source, and original of Judgement, is God. Though Judges are chosen, commissioned by, and must give their accounts to the King; yet they judge not for man, but for the Lord. Truth TWO That the Kings of the earth are the secondary springs, and fountains of Justice. Next, and immediately under God, judgement flows from them. And therefore the King, in the Text, gives his command to the Judges, in these words, He said to the Judges. Truth III That it is highly incumbent, upon all Judges, to be most critically cautious, and careful: Both God, and the King say to them, take heed what you do. Truth IV That all they, who are duly advanced to such eminent places of trust, and dignity, have the greatest motives in the world, to be faithful in the performance of their duty; and that, because God is with them in the judgement. I begin with the first of these, viz. That the primary source, and original of Truth I Judgement is God. Though Judges are chosen, commissioned by, and must give their accounts to the King; yet they judge not for man, but for God. I am not ignorant, that there were two sorts of Judges, among themselves, in the days of Jehoshaphat: such as were concerned in Ecclesiastical, and such as were entrusted only with Civil affairs. The constitution of both is manifest from vers. 11. of this chapter, where the King declares: Behold, Amariah, the chief Priest, is over you in all matters of the Lord: and Zebediah, the son of Ishmael, the Ruler of the house of Judah, for all the King's matters. Yet do I not think it rational, for any man, so to appropriate Ecclesiastical affairs to the Lord, as to exclude him from his interest, in those that are Civil: but have good reason to conclude, that the King speaks to both sorts of Judges, when he saith, ye judge not for man, but for the Lord. That 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which he makes use of, vers. 10. by instancing in particular cases, sufficiently proves what I say. And what cause soever shall come to you, of your Brethren, that dwell in their cities; between blood, and blood; between law, and commandment; statutes, and judgements; ye shall even warn them, that they trespass not against the Lord. Those criminal causes, between blood and blood, were certainly Civil, as well as those, which related to the statutes, and judgements, were Ecclesiastical: and yet, the offenders, in both cases, are warned not to trespass against the lord Which plainly discovers God's interest in Judgement, be it of what kind or nature soever: whether it be Civil, or whether it be Ecclesiastical, God is the primary source and original of it: And whatsoever they be, that are entrusted with the executive parts of Judgement, they judge not for man, but for the Lord. This, I am sure, is agreeable with the analogy of Scripture, which informs us, not only, f Is. 30.18. that the Lord is a God of judgement, implying, that it is his nature, or unalterable property; or that g Ps. 33.5. Is. 1.8. he loveth judgement, to denote his affection; or h Deut. 32.4. that all his ways are judgement, to discover his steadiness, and uniformity in the exercise of it; or, i Ps. 9.16. that the Lord is known by the judgement which he executeth, to show how remarkable he is for this property; or, that k Job 27.33. the Almighty is excellent in judgement, to demonstrate, how far he transcends those, that are most critical amongst men: but it also assures us, that the judgement is Gods; l Deut. 1.17. to teach us this lesson, that, though the Ministers and Executioners of Justice, may be varied according to the exigencies of times, and places; yet, wheresoever Judgement is faithfully done, God is the director, author, and owner of it. By that emanation of power from himself, whereby he communicated existence to the World, and all the Creatures that are therein, He became the absolute Sovereign of the Universe; and did Himself, at first, exercise this jurisdiction, which I am speaking of: As appears by his punishing of Cain, for murdering his Brother, before the Promulgation of any Law to the contrary. And by his Commissioning Abraham to kill his Son; which made the real intentions of the Patriarch so to do, an act of Faith, and commendable obedience; which without that would have been downright murder. And 'tis as certain that he did, afterwards, devolve this power upon Man, when he delivered that Law to the sons of Noah, whoso sheddeth man's blood, by man shall his blood be shed m Gen. 9.6. : which power he cannot be imagined to have committed promiscuously to every man, who would be glad to be an avenger of blood, (because that would have given authority to the most notorious murders, and countenanced the vilest outrages in the world,) but to persons of knowledge, and fidelity, elected, commissioned, and set apart for that Office. Since which time 'tis manifest he hath, in all Ages, selected choice persons for the administration of Justice: hath given to some the spirit of Government, and to others the spirit of Subjection; hath given to the Higher Powers the greatest encouragements, they are capable of, by his Promises, in case of diligent, faithful Obedience; and hath deterred Subjects from injustice, and disobedience, by the great movers of mankind, viz. Temporal, and Eternal Death. Use 1 How bold and courageous, how diligent and faithful, how resolute, and unmoveable by the entreaties, threats, flatteries, collogueings, and all other artifices of men, should the consideration hereof make all those, who judge not for Man, but for the Lord? A wicked Baalam could say, n Numb. 22.18. If Balak would give me his house full of silver and gold, I cannot go beyond the word, of the Lord, my God, to do less or more. Nehemiah could say, in the sincerity and integrity of his heart, Should such a man as I fly? Nehem. 6.11. And it will well become every person, that is entrusted with Judgement, to take up the like forms of speech, and say; Should I he faint-hearted, or negligent? should I be partial, or injust? shall I be drawn aside by any sinister respects, who judge not for Man, but for the Lord! Sure I am, they have as good a ground so to do; because God's Commission doth not only licence them to execute justice, and judgement, but it lays a necessity upon them, by making it their Duty. And, on the other side, how ready to obey, Use 2 and fearful to offend, should it make all those, who are subjected to their Power? How should they be inclined to account their persons Sacred, and to look upon them as Representatives of God himself? Yea, how thankful to God should it Use 3 make all those, who are under jurisdiction, for being so mindful of the Sons of Men? God is that High, and Holy one, who sits upon the Circle of the Heavens, and beholds all the Inhabitants of the Earth as Grass-hoppers; all the Kingdoms of the World are very little, and inconsiderable things to Him: There can be no advantage accrue to God, by their felicity; nor detriment, though all their counsels be turned to folly, and all Civil Government to Anarchy, and Confusion: And yet he is pleased to contrive the good of All, and to fortify Civil Powers by his own Commission; that Judgement may run down like water, and Righteousness like a mighty stream. Lord! What is man, that thou art so mindful of him, or the son of man, that thou dost so regard him! Use 4 How effectually should this convince all the Anarchical spirits amongst us? and assure them, that Dominion is neither founded in Power, nor Property, nor Compact, nor Grace, but in the great Authority of the Absolute Sovereign, and most gracious Governor of the whole World. Can it be founded in Power, Angels would have a right to destroy all Mankind, Children their aged Parents; nay Thiefs themselves would have an undeniable title to the goods of the Impotent. Can it be founded in Property, it must be possible to suppose, that Man had a right to Sovereignty, before God gave him a dominion over the fish of the Sea, and the fowls of the Air, and over every living thing that moveth upon the Earth o Gen. 1.28. ; which was long before he backed it with that commandment, Thou shalt not steal. p Exod. 20.25. Can it be founded in Compact, 'twould have been at the pleasure of the People heretofore, and would be so still, whether they would engage themselves, or not: and they might have frustrated the great design of the Almighty, by their refusal. Can it be founded in Grace, there must have been some better 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, than we now enjoy, whereby to distinguish between the Holy, and the Vile; or the crafty, hypocritical Pretenders would certainly go away with the greatest shares of the Earth. But, being founded in the power, and wisdom of God; and, it being determined, that he is the primary source of Judgement; it will necessarily follow, That the subordinate Authors of Judgement are not, merely, the ordinance of Man. They are so indeed, subjectiuè, as the Offices of Justice are born by Men, not immediately by God himself, not by Angels, or any other Creature. They are so objectiuè, as Justice is employed among men, they being the persons who are to be restrained, or punished by Laws. They are so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, finally, as men are the persons, who are to receive the benefits of Government. But yet, if we consider it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, properly, and originally, as to its creation, ordination, and institution; so it is God's work; and so the highest Judges upon earth, judge not for Man, but for the Lord. That's the first Truth. I come now to the second. Truth TWO That the Kings of the Earth are the secondary springs and fountains of Justice: Next, and immediately under God, Judgement flows from them. And therefore the King, in the Text, gives his Command to the Judges, in these words, He said to the Judges. It is impossible to conceive what dread and horror would befall Mankind, if God should take the immediate exercise of Dominion, and execution of Justice into his own hands. When the whole congregation of the Israelites were sensible of the terrible Concomitants of God's delivering the Law, it was their unanimous supplication, that he would be pleased, from thence forwards, to speak to them by the mediation of his Servants. q Exod. 20.19. Speak thou with us, say they to Moses, and we will hear, but let not God speak with us, lest we die. And it is as impossible to apprehend what confusion would enter into the world, if God should, in his righteous judgement; deliver up Mankind to Anarchy. Wherefore, to avoid these unspeakable evils, God hath been pleased to make choice of fit persons to be his own Vice-gerents among men. Fit, I say, because adorned with wisdom from above, and the spirit of Government: yea, the fittest of all others, because God thinks them so: having said, Prov. 8.15. By me King's reign, and Princes decree justice. By Me, i. e. by my authority, and appointment, exclusively to all others. By Me Kings reign, and Princes decree justice, as it may be taken absolutely, the Powers that are being ordained of God; r Rom. 13.1. and as it may be taken with its most additaments, by him they reign justly, righteously, and happily. This Promotion cometh neither from the East, nor from the West, nor yet from the South; but God is the Judge, he putteth down one, and setteth up s Ps. 75.6, 7. another. These are the persons to whom God hath been pleased to give his own Name, t Ps. 82.6. calling them Gods; not only to mind them of the height of their Place, and the excellence of their Duty, but also to command Reception, and beget Reverence and Esteem for them among Men. These he hath styled his own Ministers, y Rom. 13.6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; which is always a title of great Honour, and Public performance; being never applied to servants, or underlings, but to those who are Eminent, and Glorious, either by Nature, Office, or both. To These he hath given the character of the Higher Powers w Rom. 13.1. : as if he designed, by that very act of his Providence, whereby he called them to be Rulers, etiher to advance them so far above other men, as to place them among the Angels; or to abstract so much from their Humanity, as to make them all Power for the necessary ends of Government. Into their hands hath he put the sword of Justice, and commanded them not to bear it in vain. x Rom. 13.4. As it is a sword, 'tis designed to cut, and wound, yea and to kill too, when occasion requires it: and as it is the sword of Justice, it is obliged to spare the innocent, and turn its edge or point only towards evil doers: and whereas it is not to be used in vain, Pusillanimity, and fond Pity are, by that consideration, excluded. It being the natural temper of Justice, to give to every man his due, without being biased by the persons interests, relations, or rewards of malefactors. Of these He hath assured us, that they are his own Ordinances y Rom. 13.1.2. to convince all fanatical, and seditious spirits, that the Magistracy was not originally invented, or ordained by Men; that it is not at man's pleasure to reject it, when they think fit to withdraw their obedience, or to defend and maintain themselves against God's ordinance by private conspiracies, or open resistance, when ever natural strength, or the combination of parties shall make them able. Lastly, unto these hath He obliged mankind to subject themselves, not only for wrath, but for Conscience sake; z Rom. 13.5. i. e. not only for fear of being cut off by the sword of Justice, but because God hath, by his Command, made it their Duty; and threatened them with eternal Damnation, if they disobey them. Hence it is, that Almighty God, speaking of Cyrus, the great Persian Monarch, saith, He is my Shepherd, and shall perform all my pleasure. a Is. 44.28. Hence our Saviour tells Pilate, the Roman Governor among the Jews, Thou couldst have no power against me, except it were given thee from above. b Jo. 19.11. Hence it is recorded, that the people found that the wisdom of God was in Solomon, to do judgement c 1 King. 3.28. : and the Queen of Sheba, though an Heathen, attributed it to God's love to Israel, that he had set Solomon over that people, to do judgement, and justice d 2 Chron. 9.8. . The necessary Conclusions which flow from this Doctrine, I take to be these three. Conclus. I That it is not only lawful, and necessary, but a part of the true Christian Religion, to defy, and abjure the Pope's Supremacy: who takes upon himself (as St. Peter's Successor) to have the sole power of disposing of all the Kingdoms of the Earth; to place the Crowns of Emperors upon their heads with his foot, and to kick them off again when he hath done. It being most certain, that they, which hold immediately from God, are not at all beholding to his Holiness. That none but God can absolve Subjects Conclus. TWO from their Allegiance, and Obedience, which they own to their natural Lords. Neither the maladministration of Government, nor their own fears, and jealousies, nor the decay of Trade, no, nor the hazard of Religion itself, can justify the acts of Rebellion. When God suffers such things as these to fall out, he permits them for ends best known to Himself; but hath never yet, nor ever will, to the end of the world, give the least countenance or toleration to Rebels. They, to whom he hath given his Own Power, are accountable to none but Himself: And therefore those, must needs be so far from deserving the names of High-Courts of Justice, in which Gods Vicegerents are sentenced, and condemned; that they are to be accounted the greatest Violences to Humane Society, and the Ordinance of God; as also, the greatest usurpations upon Sovereignty, and Judgement, that the Presbyterians, Jesuits, and the Devil himself could ever boast of. Conclus. III That next, and immediately under God, we ought to be thankful to the King's Majesty, for his most gracious Government: For causing good and wholesome Laws to be enacted, and continue in force, for the Government of this Nation, wherein we live: And for superadding the high favour of his Royal Promise to govern by Law, and to protect the true Protestant Religion, as it is by Law established, as well as the Properties of his Subjects, against all invaders and opponents. For these inestimable benefits, all the grateful Addresses of his Subjects, the greatest enlargement of their hearts, and most intimate exultations of their souls, are too mean returns. Nothing but unmoveable Loyalty to the King, Conformity to the Church, and active Obedience to his Laws, can bear any true proportion to them. Certainly we have as great reason as any Nation under Heaven, to make an hearty and grateful use of that Exclamation of the Psalmist, e Ps. 144.15. Happy are the people that are in such a case; yea, blessed are the people who have the Lord for their God. That it is highly incumbent upon all Truth III Judges to be most critically cautious, and careful. Both God and the King say to them, Take heed what you do. Caution, and Care, in such high concerns as they are conversant withal, seem to me to include these four things. 1. Wisdom, and Knowledge, Prudence, and Experience. 2. Courage, and braveness of spirit. 3. Vigilance, and Activity. 4. True Christian Piety. The first will teach them how to take heed. The second will make them dare to do it at all times, and in all causes. The third will not suffer them to slip any opportunity, wherein they ought to be cautious. And the last will make them have respect, both to God and the King. 1. When Caution is thus recommended to the Judges, it is employed, that they ought to be men of Wisdom, and Knowledge, Prudence, and Experience, i. e. men of great natural abilities, and skilful in all those Causes which shall come before them. They ought to have a general knowledge, and comprehension of the Laws, and still to apply that knowledge to the greatest variety of actions. Without these, it will be impossible for them to take heed what they do, notwithstanding they be, of themselves, well-minded, and willing to do justly: because Ignorance, as forward as it is, can hardly be more impudent, than it is weak: nor can Folly be more swift to discover its Presumptions, by its undertake; than it is to testify its Impotency, by its miscarriages. But when Prudence and Experience come to be superadded to great natural Abilities, and acquired Accomplishments, they will certainly prove the most excellent ingredients out of which, Care, and Caution can be compounded. 2. It is employed hereby, that they should be endued with courage, and braveness of spirit, without which, Knowledge and Experience will be but insignificant words, and ineffectual sounds. Which may sufficiently appear, from the consideration of the persons with whom they have to deal; the high matters, about which they are conversant; the rebukes and punishments they are subject too, from those who are above them; the hatred and violence of inferiors, as well as the obloquys and evil speeches of the multitude: things, which no man in the world can be able to cope withal, except he be endued with an extraordinary spirit. Mean souls are naturally unfit for high employments; because Cowardice will certainly betray men to base and ignoble actions, 'twill make them afraid of righteousness both in a Legal and Evangelical sense, because it wears a sword. 3. 'tis implied, that they should be men of Vigilance, and Activity; industrious to discover the Truth in every Cause, and willing to be guided by it when discovered. Though Justice itself ought to be blind, yet the Ministers thereof ought to be all eye; because the great Governor of the World, who hath styled them Gods, never made them Omniscient: and though he calls them by his Own name, to add Veneration to their Authority; yet hath he frequently made it evident to themselves, and the world, that they are but Men, by their Failings. It is the unparallelled excellency of God that He is Omnipresent, i. e. (as the Schools interpret it) in all places, at all times, by the same indivisible act: and undoubtedly he expects it from all those, of whom he hath said, ye are Gods, that they should endeavour to assimilate themselves to Himself, by a Politic ubiquity. From whence 'tis evident, that such high Officers are obliged to testify their Fidelity by their Care, their Conscience by their Circumspection. Especially, because the lives and fortunes of their Brethren are frequently put into their hands; and 'tis possible for them, without such caution, not only to do unrighteousness in Judgement, but also to become the veriest Cutthroats and Pickpockets in the world. Lastly, it is employed, that they should be endued with true Christian piety; because that will be sure to make them have respect to the commands, both of God, and the King: to the commands of God, for his own; to the commands of the King, for God's sake. It will make them reverence Justice, because God is the Author, and Archetype thereof; and 'twill incline them to moderate the rigour of Justice with lenitives of Mercy, lest they should transgress the rules of true Christian charity. You see how necessary it is for them to be cautious, and careful, both from the nature of the thing itself, and also from the Commands of God, and the King. To which I may, most justly, superadded the consideration of the Age in which we live. This calls for the height of Wisdom, the greatest Abilities, the bravest spirits, the most eminent Activity, and the best grounded Religion. Because the purest Church, which Christ hath this day upon Earth, and the best of Monarchies, are designed to be subverted and ruined by men of the most different Principles, and Interests. The Jesuits abroad, and the fanatics at home, are closely engaged in undermining both. The former will own no Allegiance to the King, if it be inconsistent with the Supremacy of the Pope; nor think the vilest murders or treasons sinful, if they will but promote their Hierarchy. And the latter behave themselves as if they were of different interests, both from the Church, and Kingdom, and it were chief incumbent upon them to balance Prerogative with Property. They therefore study the King's Laws, that they may be in a capacity to evade his Power; and pretend the Laws of God, to take away the force of the Laws of the King. They are ready, upon all occasions, to plead the liberty of the Subject, whenever it may prove a snare to the Government; and make use of those Franchises and Liberties, which have been given by the gracious Kings of this Realm to their once loyal Subjects, to deprive their Successors of their Sovereign Authority. They so well understand the inclinations of the giddy multitude, as, at most of their Popular Elections, they design to choose such Representatives of the People, as are best qualified to restrain the spirit of Princes: as if they were (with the degenerating Romans) to set up the Tribunes of the People, with this only design, that they might beard the Consular Dignity. That's the third Truth. Truth IV Give me leave to speak, very briefly, to the last, and I shall immediately conclude. It is this: That all, who are duly advanced to such Eminent places of Trust and Dignity, have the greatest reason in the world, to be faithful in the performance of their Duty; and that, because God is with them in the Judgement. 'tis certain, that Omnipresence is an attribute inseparable from the Divine nature: they that climb up into Heaven, and they that dig down into Hell; they that take the wings of the morning, and dwell in the uttermost parts of the Sea; and they that cover themselves with the most opacous darkness, can never get out of the sight or company of the Almighty. And yet God hath been pleased to make the promise of his special presence an act of Grace, and that, whereby he would encourage his most eminent Servants in the performance of his own work. Hence we read Psalm. 82.1. God standeth in the Congregation of Princes, He is a Judge among Gods: and in the Text, He is with you in the Judgement. God is with them, and stands by them; not as an idle Spectator, or unconcerned Auditor, but as one who gives them their best Commission, will countenance, maintain, protect, and reward them for their lawful Acts: but will keep a severe book of remembrance against them, if ever they force Judgement, which should run as as a pure and mighty stream, to spring up as f Hos. 10.4. hemlock, or g Amos 5.7. wormwood. My Lords, I don't question, but that You are prepared, and resolved to obey the King; and to judge, not for man, but for the Lord: and therefore I have good warrant to declare, that God will be with you in the Judgement. For which, and all other gracious vouchsafements to Mankind, let us render unto the Glorious and Eternal Trinity, God the Father, God the Son, and God the Holy Ghost, the only Wise and True God, all Honour, Obedience, and Adoration, now, and for ever. Amen. THE END ERRATA. Pag. 2. l. 7. read making. p. 5. l. 10. r. for the Lord. l. 12. r. the Jews. p. 7. l. 5. r. whosoever. p. 10. l. 2. r. viz. the fear of p. 18. l. 21. r. mens p. 21. l. 2. r. that Allegiance p. 23. l. 1. r. with them. p. 31. l. 11. r. Text we read.