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 College in Cambridge, and now Rector of Welby in the County of Lincoln. LONDON. Printed for Robert Clavel, at the Sign of the Peacock, in St. Paul's Church Yard. 1674. TO HIS Much Honoured and Dear Beloved Brother, JOHN LODINGTON Esq High Sheriff of the County of Lincoln. Dear Beloved Brother, THough I have ever been desirous to avoid all Occasions of public appearance, yet when your affairs required, I did immediately and cheerfully undertake this Service; choosing rather to expose my abilities for performance to censure, then to give the least suspicion of any unwillingness to serve you. Nor was it only my great affection to you, and your great kindness to me, that did move me hereto (though either of these considerations, had been prevalent with me,) but that great respect and love, which I have for many years observed you to bear unto the Orthodox and Loyal Clergy. And being encouraged by the Approbation this Sermon had from many judicious and worthy persons of that Honourable and great Assembly to which it was preached, to make it yet more public; the same reasons which moved me to undertake the composing and preaching of it, do also direct and determine me in the Dedication of it. I have in this discourse endeavoured to give the Magistrate his due Honour, and that happy Government, under which we of this kingdom live, it's due Encomium. You have, in the late times of trial, by your suffering the plunder of your Estate, and the evil entreating and imprisoning of your Person, manifested your esteem of, and loyalty to, that Government, which then was most injuriously (to say no worse) affronted and spurned at, but is now happily restored and established▪ and will therefore (I presume) be ready to countenance any attempt, that is made, for the further advancing of what you have suffered so much, to preserve and maintain, I mention your Loyalty, not only to represent you a fit person to undertake the Patronage of a discourse of this nature, but also to perpetuate the memory of it, to the deserved Praise, of yourself, and those many other worthy persons in whom it was found. For though, that now, through the mercy of God to this Kingdom, his Majesty having power restored to him, both to command and reward obedience, it is no special Commendation to any Person to be a dutiful and loyal Subject; yet then was it signally praiseworthy, to dare to be Loyal, when, so to be, had such dreadful effects attending upon it. That Almighty God would bless you in your Person, in all your Relations, and in all your Concerns, is the hearty desire and earnest Prayer of Your most affectionate and much obliged Brother, Tho. Lodington Welby. june. 27. 1674. AN Assize-Sermon. Psal. 82.6, 7. I have said, ye are Gods: and all of you are Children of the most High. But ye shall die like men, and fall like one of the Princes. MAN, by reason of his discursive Faculty, and that way peculiar to himself, of communicating the Conceptions of his mind by speech, doth naturally desire Society: And since Sin and Lust have depraved his nature, and Satan hath so enlarged his Empire in the World, that He that departeth from evil maketh himself a prey, as the Prophet speaks, which the Punic Proverb thus expresseth, nisi lupus sis, luporum pradam te esse oportet; this natural desire is turned into absolute necessity; that good men, who cannot admit of that way of securing themselves, by joining themselves into the combinations of evil doers, may enter into mutual associations and confederacies among themselves, the only lawful and availing means to preserve themselves from rapine and violence. This natural propensity to it, and that great necessity for it, made the Hebrews to express their desire of society by that Catholic saying, Aut societas, aut mors. Societies cannot be framed, much less established and preserved without Government; and that must be settled upon certain Rules and Laws, and be managed by them. To this is required, that there be certain persons qualified and authorized to enact Laws, and to execute the same. These are Magistrates, whom God, the supreme Lord▪ hath exalted and ordained to be his Vicegerents in this lower World, to act by his authority, and according to his will, in governing the world in righteousness and peace. To this end God hath armed them with a Sword, to put the Laws in Execution, that they may be, not only wholesome Rules to direct unto all good Conversation, such as shall think good to make use of them; but powerful Commands to require obedience from all sorts of persons, and to inflict due punishment upon the disobedient. And to signify to the World, what honour God hath given to Magistrates, and what service he requires at their hands, he hath called them by his own name, set them on his own Throne, and armed them with his own Power. I have said, ye are Gods, and all of you are Children of the most High: But ye shall die like men, and fall like one of the Princes. The People of Lystra, when they had beheld the persons of Paul and Barnabas, and seen the kindness done them, in the miraculous cure of their impotent neighbour, lifted up their voices, saying, The Gods are come down to us in the likeness of men. When we behold the persons of our Magistrates, and see the happy effects of their government, that every man sits under his own Vine, and under his own Figtree in peace, and is preserved in his just rights, religious and civil, we may say of them, The Gods are come down to us in the likeness of men: Or in the Phrase of the Text, Though as to their persons they are Men, yet in respect of their office, they are deservedly reputed Gods, seeing they are so styled by God himself, and have those blessings to dispense to us from God, of which God alone is the disposer. In the Text there are two General Parts. 1. The high Honour, great Authority and Power of the Magistrates, declared and avouched under that most splendid and magnificent Title given unto them by God himself, I have said, ye are Gods, and all of you are Children of the most High. 2. Their infirmity and low condition, in respect of their nature. Though they are Gods by office, yet they remain men still by nature, and are of the same mortal frame as they were, and as other men are. But ye shall die like men, and fall like one of the Princes. Their advancement to the name and office of God, doth not divest them of the nature of man. Their sitting upon an Farthly Tribunal, to give sentence upon men, and their causes, doth not privilege them from standing at a Higher Tribunal to receive a sentence from God upon themselves. The Discretive. But, limits the Title given in the former verse. The Chaldee Paraphrase reads the whole Text in a lower strain. Thus the Latin version, Velut Angeli, vos 〈◊〉 retutati; A double allay in the stile; instead of Gods they are called Angels; and instead of their being, they are but reputed Angels. Attamen in veritate, siout homines moriemini. Though you are in reputation Angels. immortal creatures, not obnoxious unto death; yet in reality and truth, you are men, and shall die like men: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 like Plebeians, men of lowest quality, and frailest nature, who have the lest helps to preserve life and prevent death. Ego dixeram Deos esse vos: nunc autem siout homines moriemini: thus the Syriack is rendered. God seems to revoke his large Commission given to Magistrates, and to take away the Honour he had bestowed on them, upon supposal of their male administration of Government; and because they do not live and act like Gods, he will now have them to die like men. The like revocation, as this seems to be, God makes of his gracious Grant to Eli, concerning the succession of his Family in the Priest's office, 1. Sam. 2.30. I said indeed that thy House and the House of thy Father should walk before me for ever; but now the Lord saith, be it far from me, for them that honour me I will honour, and they that despise me shall be lightly esteemed. And likewise to King Saul, concerning the establishment of the Kingdom in his House. 1. Sam. 13.14. But now thy kingdom shall not continue. But I do not take the latter verse to be a repeal of the law in the former, which constitutes Magistrates, Gods; but an Interpretation and restriction of it, how far and in what sense they are to be so taken. And thus the most wise and gracious God knowing that the sacred Ordinance of the Magistracy will be spurned at, and the persons of Magistrates affronted, as King Saul was, by men of Belial, he provides for their security, by giving them such a Title, and such a Power, as is able to set them above the reach of all attempts. The Crown of thorns set upon the head of Christ, was done in mockery by the Soldiers, as if such a Crown were good enough for him, who in their esteem was a person of low degree, and had no other Title to a Kingdom than a bold pretence; and sittest for him who was going to suffer a painful and ignominious death. Yet is it a Hieroglyphic of the cares, troubles, and dangers that attend Crowns; which, foreseen and considered, are able to cause wise men to refuse the office of a Ruler, and to say as the Trees in the Parable, Judg. 9 Should I leave my fatness, Should I forsake my sweetness, Should I leave my wine, and go to be promoted over the Trees? Therefore to encourage such Persons, whom in his providence he calls to sit at the Stern, to undertake government, and to strengthen their hands to it; and also to east an awful regard both of their Persons and Commands upon all men, God puts upon them the name of himself, Who is the blessed and only Potentate, the King of Kings and Lord of Lords. Again on the other hand, God knowing how apt the corrupt nature of man is to advance too high, under great Titles, and to abuse great Trust unto actions unworthy of their place; He gives timely check to such high towering thoughts, he puts his own construction upon his own words, and sets limits to that his large Patent, by which he conferrs such great Honour and Command upon them, But ye shall die like men. 1. That Magistrates, whom God is pleased thus highly to honour, may in the Psalmist's phrase. Be put in sear, and may know themselves to be but men, and may consider, that though their office be great, their employment honourable, their abilities for discharge eminent, yet they are not advanced out of the rank of men, nor exempted from that law which all men are under, Heb. 9.27. It is appointed unto all men once to die, but after this the judgement. No circumstance of Title, Place, Trust, or Ability, will set any any above the reach of that Law of Nature and Decree of God. That so when they come to lay down their great Office with their frail nature, this may be said to their honour in their Funeral Orations, which Pliny in his Panegyric says of the Emperor Trajan, non minus hominemse esse, quam hominibus praeesse, meminit: That he himself was a man, was no less in his thoughts, than that he was a Prince over men. 2. That People may know what Honour and what Obedience to give their Magistrates. Render to all their due: Fear to whom Fear, Honour to whom Honour. As well what, as to whom, is to be considered. We must honour and obey Magistrates, as men, whom God hath honoured, and will have us to honour: Men, called by the name of God, invested with his authority: but yet remaining men still, and therefore must not be adored as God, and obeyed with active obedience as God himself in all Commands whatsoever. We must not Idolise men, and from a Sense of the high merit of able and faithful Rulers, advance them higher in our hearts, than God hath presented them before us. On this account came into the World most of the Heathenish Idolatry: Those ancient Heroes, who by their clemency, magnanimity, and Victorious success, did famous acts for the delivering, preserving, and enriching their People, were by them, partly out of gratitude to such noble benefactors, partly to recommend their Virtues to the imitation of succeeding Princes, exalted to the style of Gods. And some victorious Kings, lifting up themselves upon the high thoughts of their successes and enlargments of dominion, have affected the Title and Worship of Gods. I shall confine myself to the First General part, and therein observe Three Particulars. 1. Who it is that speaks: I have said. The Pronoun Feo hath no lower reference than to the most High God. He hath said, who may best, even God, who hath a natural Sovereignty over all Creatures by right of Creation. 2. To whom doth God speak: The. As the former Pronoun relates to the Greatest in Heaven, so this to the Greatest on Earth. God the supreme Lord speaks to Magistrates his Vicegerents. 3. What is spoken by God of Magistrates. Great honour is given to them; they are entrusted and employed in the great affairs of the World. I have said, that ye are Gods, and all of you are Children of the most High. All things Concur to put a special remark upon the whole matter, Magna eye in h●● Pronomne h●e. But when every word is Emphatical, there must be a great force in the saying to command our attentions: when the great God speaks great things to the great men of the Forth, great notice is to be taken of what is said. 1. Of the First Particular: I have said. To prove that it is God, who here speaks, I shall produce one Authentic testimony, which alone is so sufficient proof that it might supersede all other. It is that of the Son of God, Joh. 10.34, 35. Jesus answered them, is it not written in your Law, I said ye are Gods. If he called them God's— If God called them God's— so the Persian translation reads it. Thus the Latin version. Si de eyes loquens, ad quos ●●rmo factus est, Deus illos Deos dixit. To strengthen the reputation of this version, I shall mention a place in the Law, where God calls Magistrates Gods, Exod. 22.28. Thou shalt not revile the Gods, nor Curse the Ruler of thy People. Idem bis dictum: the latter Clause is Exegetical, and puts a construction upon the former: Rulers are called Gods. I have made thee a God to Pharaoh, Exod. 7.1. Thus God speaks expressly to Moses whom he intended to make his Captain General to bring Israel his People out of Egypt, and his Viceroy to govern them. I have made thee a Prince to Pharaoh; I have made thee a Lord in the business of Pharaoh; so the Fastern Language read it. And that he might not want a meet Attendant of a God, God appoints Moses a Prophet; Aaron thy Brother shall be thy Prophet. So known a thing was it to the People of Israel, that God did call Rulers by the name of Gods, that they themselves also called them by the same name, Exod. 32.1. When the People saw that Moses delayed to come down— they said to Aaron, Up, make us Gods, which shall go before us: for as for this Moses, the man that brought us up out of the land of Egypt, we wots not what is become of him. They do not say (as the learned Rabbins observe) make us Gods, whom we may worship, but, Gods which may go before us. They asked a Captain and a Governor that might rule over them in Military and Civil affairs. For whatsoever they asked, it was to supply the absence of Moses; but him they never had for a God, but as a Prince and a Captain. And St. Jerome gives this Etymology of the name of Samuel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nomen ejus Deus, to signify, that he, who by his mother was dedicated to God, to serve him in the Tabernacle, was designed by God, to serve him in the State, as Judge over Israel. God hath said. 1. Then there is a Truth and Reality in the thing. It is not a Compliment passed upon Magistrates, ascribing that to them that doth no way belong to them; what God says they are, that they are. Dictum facium: with God no sooner said but done. The whole World was made by the word of God. He spoke the word, and it was done. Psal. 33.9. It's so in his Ordinances; God, in calling Magistrates Gods, doth thereby constitute them such; He advances them above the condition of the other men, and doth thereby associate them with himself in the Government of the World; and authorise them to be, and to act as Gods. 2. A Candid Construction must be given to the stile: For he that says of Magistrates, Ye are Gods, says elsewhere, Besides himself there is no God. And 'tis the first Commandment in the Law of God. That we have no other Gods before him. So unless that an Interpretation and Restriction be put upon the Text, we shall be cast upon the blasphemous mistake of Murtion, who observing God to Command his People to rest on the Sabbath day, and at the Siege of Jericho to go round about the City Seven days together, one of which must needs be the Sabbath; he accuseth God of inconstancy in his will, and inconsistency in his Commands. Judais fixit legem, non sibripsi, so Tertullian answered him; and so must we ourselves: He who restrains us from making to ourselves any other Gods, doth not restrain Himself from setting such over us, who shall be as Gods, to us, and honoured as such by us. 3. God hath said; Therefore is there an answerable Expectation in him that Magistrates be what he hath made them; and carry themselves worthy of their stile: that they execute Justice and Judgement in that Sincerity and Constancy, as God himself would do, did he govern the world by his own immediate voice. The like Expectation hath God from the People, that they reverence, fear, love their Governors and be obedient to them, actively in all lawful Commands, and Passively in all other: considering whose Name they bear, and whose Authority they have. 2. To whom: Magistrates. The Scope of the Psalm evinces this, which shows, that Order and Government is of God: Magistrates is his Ordinance: Magistrates are by him designed and advanced to their office. God is present with them to observe, assist, and prosper them; to punish their Miscarriages, and to reward their faithful Services. 3. What is spoken, Ye are Gods, and all of you are Children of the most High. God's 1. Not Essentially such. Not Gods of the same infinite Nature and Excellency with the Lord Jehovah, the God that calls them Gods. The Redemption of the World was a work of that difficulty, and so pleasing unto God, that the glorious Person employed in it, is God indeed, in the literal sense, without a Metaphor; The God of Heaven did then come down to the Earth, and dwelled amongst men, in the likeness of man. The Government of the World, though a great and difficult work too, is executed and managed, not by God made Man, but by men made Gods. But to these we may suppose God speaking, as Pharaoh did to Joseph, whom he made Ruler over all the land of Egypt; According to thy word shall all my People be Ruled; only in the throne will l be greater than th●…; Gen. 41. ●. God doth not deliver up his Sovereignty to them nor divide it with them. Magistrates cannot 〈◊〉 to themselves, what the flattering P●●t gives unto 〈…〉 cum Jove Ca●…ar habet. Absolute Sovereignty is too much for the noblest Creature to re●… and for the most beautiful God to give. It's inconsistent with the 〈…〉 finiteness of God's nature to constituted 〈…〉 sense. God advances no Creature so 〈…〉 any Service so much, as, with Her●d, to 〈…〉 the half of his Kingdom. 2. Nor fi●…tions, imaginary 〈…〉 have no other De●ty than what then fond worshipper 〈…〉 falsely ascribe to them. 〈◊〉 Gods are 〈…〉 king, the Gods of the Text are Gods of 〈…〉 as the word in the former sense carried the 〈◊〉 too 〈◊〉 to be given to any mortal man, so in 〈◊〉 it lays it too low, to apply to such excellent and useful persons as Magistrates are. 3. But Gods constituted and ●…ined by God, substituted under him, to act for him in governing the World. Vice-Gods, representing the Person and Maj●…ty of the true God▪ invested with his Authority, and doing his office, in giving Law to men, and Executing the same, to maintain Order Justice, Equity, and Peace among men. D●…, non propter J●●●tatem natures, said 〈◊〉 effi●…. God's 〈◊〉- Gerents his L●…tenants, whom he 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 Judgement. 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 myself 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 Sovereignty of God, but also adorns, and adds to the Royal Titles of the greatest Monarches 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 persuasion, 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 sense 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 Emperors 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 Wisdom, 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 worshipped 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 discerns 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 universally made to concern All Magistrates, as well Subordinate as Supreme, both in the privileges 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 showed in what sense this great name, put upon Magistrates, is to betaken: I shall now show 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 People's necessary Subjection. To make good these Particulars I must premise Three things. 1. That Magistrates be taken Collectively, and in a complex sense, for the whole order of Magistrates, supreme and subordinate. 2. That God's Sovereignty 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 itself, but may enact what Laws it pleases for the well governing and protecting the People. And as none can control 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 own 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 tied up by Law how to govern and by Oath to govern according to Law. And though the supreme Magistrate own 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 Christian Magistrates is this, that they account it the greatest obligation to discharge themselves worthily in their place, that they stand accountable to God, the righteous judge who has entrusted them in the great affairs of Government. Lastly, The People 〈…〉 doth yet bring the Magistrate to a nearer resemblance of God. Ye m●… needs be subject, not only for wrath, but also for conscience sake; Rom. 13.5. St. Paul presseth subjection to the Magistrate upon a double principle, his Just Authority and his mighty power. The Subject owes obedience to the Magistrate; active obedience where his commands are lawful, that is, not contrary to the commands of God: otherwise it is not to be paid; That matter has been determined in a full Council of the Apostles, Acts. 5.29. Then Peter and the other Apostles, answered and said, We ought to obey God rather than men. And the Equity of the thing seemed to them so great, that they dared to appeal to their adversaries in it, Acts. 4.19. Whether it be right in the sight of God, to hearken unto you more than unto God, judge ye. The Commands of a Subordinate power cannot prejudice the Authority, nor evacuate the Commands of the Supreme: and such are all earthly powers in respect of God's; and therefore must the commands of God stand valid, however oppugned by any Commands of men. Passive obedience is to be paid where Active cannot. Where the Magistrate's Commands are thought to be, or indeed are, unlawful, there must be a silent, patiented yielding to them; so far, as to bear quietly such punishment as shall be inflicted for default of Active obedience. These Prerogatives annexed to his Office do draw the Magistrate so near to God, that he is pleased to honour him with his own Name. Having now passed through the several Particulars of the Text, let us make some reflection upon the whole matter; and 1. Give glory to God, and Congratulate our own happiness, that we live under the kind and benevolent influences of such terrestrial gods, as are able and willing to defend and protect us, and to dispense to us the best advantages of Government. Government has been found bereficial and necessary by experience of all ages; but what kind of Government is best, has been hotly disputed both by Sword and Pen; Some liking, others disliking that most, which themselves were under. The happy Government we of this Kingdom are under, gives an instance, not so much to decide as compose the controversy. Ours though a Monarchy▪ calls in both the Competitors of Monarchy, to it's assistance, and makes use of what is useful both in Democracy and Aristocracy, and rejects what is not, and so makes up one Government of them all three; and this one so compounded is better, and more conducing to the best ends of Government, than any of the three distinctly taken. To the high commendation of it, we have the suffrage of a late able Statesman, Philip Comines, who declares, that amongst all the Signories in the World, England was the Country, where the State was best ordered, and where there was the least violence and oppression upon the People. And to complete the praises of our Government, and our rejoicings under it, we may say of England as Josephus did of Israel, Deus in Isracle non tam Monarchiam quam Deiarchiam instituit. We live under a Theocracy, not only in the common notion, as all the whole World doth, that Government is God's Ordinance, and he is the supreme Potentate: not only in the notion of the Text, that Kings and Princes and subordinate Magistrates are Gods Vice-gerents, and honoured with the name of Gods: But for this also, that the Laws of this Kingdom, by which the government is measured, are so agreeable to the holy Laws of God, as if they had been given, as the Law was to the Jews, immediately by God himself. We are bound also to Congratulate our happiness, in you, My Lords, and the rest of the honourable and Learned Judges of the Land, who twice by the year bring the Execution of the Laws and the Administration of justice even to our own doors; where justice may be most duly executed, and with least charge to the People. We acknowledge this a happy kind of Polytheism, that we have so many gods, as a the Text styles you, placed on our Tribunals, to whom we are to pay, though not divine, yet such civil worship, as is due to those eminent Persons, whom God has sot upon his own seat, and to whom he hath committed the care and protection of his People. 2 We will bring ourselves up to a just veneration of the Persons and Authority of our Magistrates, and resolve to obey their Commands and submit to their sentence; that our esteem, love, fear, of them, may bear proportion to that relation God hath taken them up unto himself. The name of God put upon them makes their Persons and their Office sacred; and aught to secure their Persons from all injuries, affronts, assaults, and their Office from being invaded by any; Curse not the King, no not in thy thought, Eccl. 10.20. The safety of the Supreme Magistrate is there provided for: And curse not the rich (viz. the subordinate Magistrate) in thy bedchamber, for a bird of the air shall carry the voice, and that which has wings shall tell the matter. Angelus it volans in acre caeli— So the Chaldee Paraphrase. Magistrates are declared gods, and Angels are at their service, to make timely discoveries of most secret conspiracies against them. Crimen laesae Majestatis was by the Roman Laws of highest nature; And to assault the Person, and resist the Power of the Magistrate, is in the sense of the Text, to fight against God. Philo de legibus doth greatly aggravate the Sin of Murder, because it's committed against a person made after God's own Image. It's called, says he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but it is, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It is Sacrilege▪ and the greatest Sacrilege, because there is nothing of all the most precious possessions in the World so Sacred and so like unto God as man is. The aggravation of the sin would be carried much higher, if committed upon the person of the Magistrate, for so it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deicide, a kill of one advanced to the stile of God. To depose Magistracy itself, by false opinion, as they do, who hold it unlawful for a Christian to bear the office of a Magistrate, and, that Christians need no other Laws than those of Christ, and no other King than King Jesus, is a kind of Speculative Civil Atheism; and to put such fond opinions in practice, is Practical Civil Atheism; and to set up others in competition with the lawful Magistrate is Civil Idolatry. For Magistrates are g●ds, not Nuncupative only, having the name of God and no more, but Gods indeed, invested with the authority of God, and armed with his power, to govern the World. This should give a check to all aspiring minds, and put a stop to all seditious counsels, and rebellious practices. The charge Moses brings against Corah and his seditious company, is, That they were gathered together against the Lord: the same is justly to be brought against all seditious and rebellious persons, that rise up against their lawful Prince. And seeing Rulers are called Gods, the Devil is an unfit Instrument, and wicked artifices are undue means, to advance any person to any, especially supreme, Authority. The Devil's counsel and assistance, to make man equal with God, succeeded ill to the Protoplasts; for in stead of being advanced to equality with God, they were leveled with the Devil, both in Sin and Misery. But if any ambitious Spirits shall try the experiment, and prosper; where they own their advancement, there they ●●ll pay their homage: Such will prove, if gods, those of the ●●er Region, Diabolical Deities, to torment, oppress, tyrannize over the People. And now, my Lords, and you Gentlemen of the Magistracy, the matter requires, that I make my Application to you, as to the Persons treated of in the Psalm, and advanced in the Text. But I should transgress the limits of my own duty, should I take upon me to admonish you of yours. For though I stand here in the place of God, and am of those who are Ambassadors for Christ, and might therefore use great boldness of Speech: yet I must remember, the Text advances you much higher, and ranks you with God himself; and so sets you far above the reach of my Instructions. As I have therefore, my Lords and Gentlemen, by warrant and authority of the Text, set you in the place of God, I shall address unto you as unto Gods, in behalf of myself and this People, with out humble Petitions and Supplications, That you will be Gods to us, to defend us in our just rights, both Religious and Civil, to execute justice and judgement, for the preservation of Truth and Peace amongst us. Religion is the chief thing in our esteem, and must have the first place in our Petition. Civil affairs will succeed better, when Religious are first secured. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Ante omnia sit tibi cura rerum divinarum; was a Maxim in the Politics of the Heathen. We call not for Innovations in Religion, but for the Presevation of it, as now by Law established, being fully satisfied in it, both as to Substantials, and Circumstantials. The Doctrine, Discipline. Government, and Ceremonies of this Church of England▪ are agreeable to the Holy Scriptures: And Religion is in no other Church, professed in greater purity than in this of ours; and this, some of the Reverend Fathers of our Church eminent for Piety and Learning, have to the Glory of our C●… declared dying. That the True, Reformed Christian Religion, 〈◊〉 it is now by Law established in this Kingdom, be preserved and we be protected and encouraged in the profession and practice of it, is our earnest Petition. Our blessed Saviour, in his Personal sufferings, was crucified betwixt two Theives: ●●t they were only sufferers with him, not actors in his suffering. Now in his Mystical Body the Church, he suffers betwixt two sorts of People, which, had they power, I fear, scarce either of them would deserve a softer name: and these are not sufferers with Christ, but actors in his Suffering. The one sort are those, who by their many corrupt and erroneous doctrines, complained of, and not reform, did force our Forefathers to use such lawful means as the Constitution of this Kingdom put into their hands to reform Religion and to departed from their Communion. The other are those, who, like unskilful Physicians, never leave purging, till, with the Corrupt humour of the body, they take away the Life also. These without any lawful Authority, or any pretence thereto, withdraw from our Communion, because as they think, we have not withdrawn far enough from the Church of Rome. These two Factions, though distant from each other in their heads; holding opinions dissonant if not contrary: yet, like Sampson's Foxes, are joined together by the tails, to draw lighted firebrands into our Church and State, to destroy both. They are, like Herod and Pilate, enemies to each other, but easily made friends, to become, both, greater enemies against Christ. The latter take their measures for their Confidences and Insolences, from the growing hopes of the former, by whom they are thought to have been at first form, and now secretly abetted. So that if the one be held within due bounds, the other is not like to prove a dangerous Enemy. The Papists are the more formidable Enemy, as having a settled Church, under a government, and being counselled and aided by men of great parts, Learning and Interests, and large Conscience; and chief from that pretence they have to Jurisdiction in this Kingdom, of which they make great use, to gain Proselytes and to hold weak Converts. A fatal thing it has been (as a person of learning and honour observes) to the City of Rome, to usurp over the World; first, by holding in a temporal subjection, all the Countries of her neighbour Princes; since, by bringing into thraldom the Hearts and Consciences of Christians. First, by intruding upon the inheritance of men, then by encroaching upon the heritage of Christ's own purchase. To speak of the Jurisdiction of the Bishop of Rome, would be too long a discourse to insert here, and too great a digression from the matter before us; I'll only say this. The Title of Universal Bishop of the Church, was given to the Bishop of Rome, by an Emperor, who ascended the Throne by treason and murder, and made that Bishop (although the Title had been lately not only disclaimed but bitterly declaimed against, by his almost immediate Predecessor) Head of the Church, that he might abett and assist him, who had made himself Head of the State. And for his Jurisdiction in England, it was gotten, partly by intrusion and usurpation, and partly by imposing upon the facile nature of some in high place, which having been, in several ages since, complained of and declared against, was at last justly cast out, not by Popular fury and faction, but by the deliberate Counsel of pious and learned Divines in Convocation assembled, by the express Authority of the King then reigning, and ratified by the three Estates in Parliament. The Protection we crave against these men, is not against their arguments, but their cruelties. They do, without cause, complain of our sanguinary Laws against them; but we have too much cause to complain of their sanguinary Doctrines, which as occasion has served, have been put in practice, by barbarous and savage cruelties against us. We know in what account the reformed Christian stands with them, and how persons so reputed, are dealt with by them; which makes us justly dread the thoughts of coming again under their power, and to beg of you, my Lords, that Protection which the Law provides for us. If they shall please to call this Persecution (as they are apt enough to cry out, not, as we say, before they are hurt but if they may not hurt us,) and to call that, Persecution against them, when their hands are tied, that 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 insolences 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 descend us. But against their cunning contrivances, and secret conspiracies, against their bloody massacres and open violences, we have no means to defend ourselves; only 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 styled Gods, under your shelter we betake ourselves. Vmbra Principis est umbra Dei, So the Arabic 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 public exercise and pious practice: 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 chief from these men's 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 satisfy 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 day's labour in creating the World, did devote the seventh day to his ease and refreshment. Our moderu Heathens, by their lose observance of the Lord's day, seem of the same opinion with the Ancient, while they either grudge to have it give intermission to their secular affairs, 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 administered, 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 trial, or in preparing it for judgement, 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 wisdom and eloquence of your Council, or favourableness of your Jury, not to mention any other more S●●ister means. 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 Council 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 choice parts, and great accomplishments in knowledge and eloquence, to engage against the truth, lest 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 Council. 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 proceed. If they prevaricate, and attest what is false, they are an unavoidable obstruction of justice: judgement proceeds secundum Allegata et Probata: its the proof that gives weight to the allegation; and that lies 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, Justify 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 yourselves, 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 yourselves as you are in your private capacity, but what you are in your public employment. You are summoned hither upon the credit of your abilities, and integrity; you are impanelled into Juries, and so made Judges, in matters criminal, betwixt the King and his People; in matters Civil, betwixt man and man: show yourselves, in your present service, persons worthy of such credig and such trust. Here are no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, no mute persons, as in Comic affairs, whose bare appearance on the Stage is their whole service. These judiciary proceed are solemn actions; every person employed has his necessary use. Here are not Twelve men impanelled, that Eleven of them may stand as cyphers, and the Foreman do the whole service; He for order and decency speaks, but it is the Sentence of the whole Jury, not his own single judgement. 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 only as a thing done in course and out of custom. 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 byassed 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 ourselves 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 chiefly directed to the Council: they must not, by witty insinuations and eloquent language, put a fair 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 avoided 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 only, and not any ways 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 pity move the Witnesses to suppress, or the Jurors to oppress the truth. Punishment is oftentimes medicinal, and reclaims malefactors; but if the medicine proves so Sharp as to kill the patiented, it usually hits of another happy effect, and becomes an Antidote to many. One ill effect of fond pity is this; what is pity 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 indictment 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 affairs: And that he will also so guide and overrule 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 Judgement. FINIS.