Be wise now therefore, O yee Kings, be learned, yee that be Judges of the Earth: serve the Lord in feare, and rejoyce to him with reverence.
I Shall not trouble your Lordships with any further preamble then what wil make for the argument of the Text, wherin I shall desire to sustaine the person, and performe the duty of a Steward of the manifold graces of God, declaring the minde of God, not in the inticing words of mans wisedome, but demonstration of the spirit in the word: not like the Scribes, but as one that hath received Authority from God, whose wisdome can shine through the weakest instruments upon a beleeving heart.
This Psalme may be divided into 4 parts; a Prophesie [Page 2]that Nations and Kingdomes shall set themselves against God and Christ in the three first verses.
2. A consolation to the Saints against the fury of them that goe about to overthrow the Kingdome of Christ, beginning at the fourth verse, unto the words of my Text.
3. A charge given to the Kings and Judges of the earth, how they should behave themselves in the words of my Text in the 11 verse, and beginning of the 12.
Lastly, an Argument to perswade Kings and Judges of the earth to looke to the charge.
Divers Interpretersdoe uphold the literall sence of David and his Kingdome; but so many great things are spoken of this Kingdome that is set upon the holy hill of Sion, that they are inforced to acknowledge that the principall scope of the words are verified in the Kingdome of Christ, whereof Davids Kingdome was a Type.
In the first part the Prophet setteth downe the enmity that Kings and Rulers beare against Christ, their consultation is to shake off his Dominion.
Note earthly minded Rulers cannot easily beare the Dominion of Christ.
In the second part, God will laugh them to scorne, disappoint and frustrate their consultations, breake them with a r [...]d of iron, and dash them in pieces like a Petters vessell.
Note the vanity of their consultation, and perill [...] their persons.
In my Text yee have a remedy, be wise now yee Kings be learned yee that be Judges of the Earth.
Note that wisedome of Kings, and learning of Judges is the meanes to deliver a Kingdome from destruction.
In the last, the inevitable danger that shall fall on them that use not this remedy, if his wrath be kindled but a little, they must needs be in a sad condition, no way to escape but by trusting in him.
Note, no power of man can withstand his displeasure.
The words may admit of a generall division into three parts, circumstances, persons, charge.
1. The [...] words that signifie with others, and these are three.
The two first in this one word now.
The latter in these two words O yee.
The word now [...] doth not only signifie the time, but also an inference or reason;Lorin. nunc habe [...] uns illa [...]ro [...]. now is as much as to say seeing it is so as it is, seeing there is such power in Christ as there is to dash you in pieces, let this be a motive, be wise therefore, and doe not anger him, this is plainely seen in that speech of God to Moses repeated by Stephen, I have seene the affliction of my people,Act. 7.34.and have heard their groning, and am come downe to deliver them, and now come and I will send thee, that is therefore I will send thee at this time: the Translators therefore have well translated it, now therefore, wherein are contained the circumstance of time, and the reason.
The third circumstance is the exclamation, O yee
2. The persons are Kings, and Judges of the earth.
3. The charge it selfe, and that is, first singly to Kings, be wise. 2. Singly to Judges, be learned. 3. Joyntly to them both, serve the Lord in feare, rejoyce to him with reverence. I shall handle the persons, and part of the charge distinctly, and interweave the circumstances as they shall make for the sence of the words.
The persons are Kings, & Judges, who are here charged with the reparation & avoyding the danger that may fall upon them that consult against God and Christ. In the beginning of the Psalme they that consult against Christ are a full Parliament exclusoclero; nay many Parliaments, many Nations, because many Kings: now no Nation can have any more then one King, by the unity of whose person wiser times did provide against faction and division, [Page 4]which I conceive to be the iron rod whereby Christ will destroy them that rise up against him, they shall fall one upon another, and dash themselves in peeces, no peace so firme as that which commeth from the Gospel of peace.
The parts of a Parliament are here expresse, [...] the People, [...] Rulers, [...] Kings, but the charge of Reformation layd on Kings, and Judges [...].
The Doctrine,Doct. when Kings, Rulers, and People, when Nations make Lawes against God and Christ, the Reformation is layd upon Kings, and Judges.
I shall first explane the words, then prove the Doctrine, and lastly make Application.
It may be doubtfull whether this be a figure called Hendiades, where the same person or things are set downe under divers appellatives,1 Sam. 8. [...]0. the same persons may be Kings and Judges, the Israelits desire a K [...]ng to judge them, and fight their battles, though especially in hereditary Kingdomes, Lawes have provided Judges to judge for them, and in Parliaments, Nobles to judge with them, to provide for defects of minority and education that they may with the more honour and state enjoy the pleasure, and undergoe the burthen of Government; and in war they provide Generalls to eschew the hazard and danger of their persons; yet the judgements of peace, and leading in war doe belong to the duty of a King, for the preservation of his Countrey, and good of his Subjects, and therefore Kings and Judges may possibly be the same persons.
2. Kings and Judges may be severall persons of severall States, such Judges as were before the Kings in Israel, and these were all one in the office and duty of their place, they were chiefe Governours both in peace and war, differing from Kings in Pompe and State, not in Power and Government.
3. They might be severall persons of the same States, for that seldome severall Kings and Nobles met together [Page 5]in one consultation; but because many of these consultations might agree in this that they were against God and Christ: Therefore it is said Kings, and N [...]bles, and People were gathered against God and Christ, for if all the Nations were against Christ, yet they could not be sayd to consult unlesse they met and advised one with another.
2. It must be considered what kinde of Judges these were, whether superiour or subordinate Judges.
I conceive they were superiour Judges joyned with the Kings in judicature.
There are divers sorts of Nobles spoken of in the Scriptures. First, Nobles, Court Princes, such as are called Princes of the Bakers, and Princes of Solomons worke,Gen. 40 2. 1 King. 9.22. his buildings and provisions for his house these are called [...] 2. [...] which in the second verse of this Psalme,Pagnin. are translated Rulers, such as had the next degree to the Kings cheife Councellours of State, Comites Imperii Barones, Lafords Thanes men of valour and judgement, Pillers of the Crowne, whose duty was to preserve the King both in peace and war, from miscariages, and dishonour by punishing them in judgement that shall misguide the King, or act any thing against Law, by any surreptitious Warrants or Commissions from his Majesty, or transgresse their lawfull Commissions to the wrong and injury of the people; these had a principall hand in the making of Lawes, By me Kings raigne, and Princes decree Justice, Prov 8.15. [...] these are the men that were mentioned in the second verse, but in the words of my Text they are called [...] Judges, and therefore it may be doubtfull whether they be the same men which did consult in the second verse, which are here charged in the words of my Text; but I conceive they were the same for these reasons.
1. Because [...] may be ascribed to the highest Judges in the world, to absolute Princes, to Moses, Exod. 18.16. to God himselfe, Gen. 18.25. and that is to let us [Page 6]understand that these chiefe Rulers that consulted with the Kings had a place of judicature, that if any thing escape them in consultation, that might be mended in judicature.
2. Those Rulers that were mentioned in the second verse, were guilty of the crime which is here charged to be amended; and therefore it is most rationall they should be called to repentance.
3. If Kings, Rulers, and People should once joyne together and make a Law against God and Christ, it were an hard matter for an inferiour Judge to amend it. It is true they may Judge against it, but it would be carried on by the appeale, unlesse it be reformed in the suprcame Court, where the errour first began, and so the wrath of God remaine unappeased. Thus you see who these Kings and Judges were in all probability, they were severall Kings of severall Nations, consulting with their owne Nobles, and People against God and Christ, that are here called upon to repent of their wicked Decrees, and Lawes that they had made against him, so that my Doctrine doth now appeare under this forme of words.
If any thing doth slip in consultation with publique consent of Kings, Nobles, and People against God and Christ, the charge doth lie upon Kings and Judges to amend it.
But here arise three scruples how it should come to passe that when Kings,Object. Rulers, and People were guilty, the Kings, and Rulers are called to repentance, and the people left out, what will God be content to spare a Nation if Kings and Rulers repent, though the people go on still in their iniquity.
I answere in respect of temporall punishment:Ans. It may be sometimes he will: if God would spare Sodome for ten; why may he not spare a people for their Kings and Rulers? If he will plague Israel for Davids numbring the people; why may he not save a people as he did for [Page 7]Moses sake? but alwaies he doth it not. The reformation of Kings and Nobles is a great meanes to reforme the people; but if notwithstanding their Reformation the people remaine wilfull, their judgement doth often fall the more heavy even in this life as may appeare.2 Kiv. 23.25 26. Josiah a most pious and holy Prince, yet God reserved evill to bring upon the Jew [...]s for that they did not reforme.
The Prophet rendreth a reason.Ier. 3.10 Her treacherous sister Judah did not turne to me with all her heart, but fainedly. Josiah caused them to turne in shew, but it was in hypocrisie, though their hypocrisie was none of Josiahs fault, but their owne.
2. But here ariseth yet a second scruple, how it should be in the power of Kings and Nobles to amend that which is done amiss [...] by Kings, Nobles, and people, is it in their power not to put that in execution which is made into a Law? Yes if against God and Christ, if against the Law of God, Gods Lawes have the force of an universall Law unto which humane positive Lawes must give way, lex particularis cedit universali, mans Law is void,Doctor and Student. if against Gods Law.
3. But here will be a breach betweene these that shall so judge the King, and Nobles, and the people,Object. if that be adjudged against the Law of God, which is newly received for an humane Law; and therefore this doth put Kings and Nobles into streights;Ans. This must not be carryed with an high hand as an act of power, but prudently as an act of wisdome, so as God may not be provoked, and dash you all in peeces, nor the people neglected in the particular Covenant made with them.
They must wisely use meanes to revoke such Lawes as are made against God and Christ: Yet by their wise and learned carriage give the people satisfaction. This charge of bearing the Lawes, the yoke, and bonds of Christ is layd on Kings and Judges for foure reasons.
1. Because they of all men are most inclinable to shake off the yoke of Christ;Fabritius exhortatio [...]llurecipue necessaria qus gradu & pot [...]ntia inter honines em [...]nent non sacile se jugo Christs submittunt leges sibt prescribs [...]nviti patiuntur. Martinius chstat fastus us volunt emperitivideri quibu, opus est institutione ill [...] quamvis de officio [...]format [...]onem eminentie suae authoritatis deformationem interpretantur. great ones never thinke themselves great enough unlesse they be absolute, unlesse they may act so as if they had no superiour to whom they must give an account. That exhortation doth principally belong to them that are in Authority, because they do not easily submit to the yoke of Christ, they are unwilling to have any Lawes given them; and the other Author Pride will not suffer them to receive any instruction, because they will not seeme to be so unskilfull as to need instruction, they thinke any information a staine to their Authority.
Such opposition against God and Christ hath beene found in all Ages from great ones.
Pharoah,Exod 5 2. 2 King. 8 33who is the Lord that I should heare his voice? Zenacherib, hath any of the Gods of the Nations delivered his people ont my hands?Ie [...]. 2.3.wee are Lords, wee will come no more unto thee.
Therefore doth the Lord cry out upon Kings, and Princes, and Judges of the earth, that they should have speciall care to submit to the Government of Christ: exclamations are used in plaine matters, and matters of great weight: It is no small matter for Kings, and Nobles to shake off the bonds of subjection to God and Christ;Vossiu [...]in minuu & cont-oversis [...] ex [...]a [...]tio [...]e p [...] rile & s [...]igidum. looke to it Kings, and Nobles, Kings, and Judges, have a care of your charge, or yee will be broken in peeces, yee will provoke the Lord to anger, and all your purposes frustrated, and your persons destroyed, you have a great inclination to forget me in regarde of your greatnesse; therefore I charge you to beware.
2. Reason, God hath committed the care of his people to them that they should seeke their good, he is the instrument of God for thy good,Rom. 13.4. God doth not so set Kings and Princes over his people as to have no care [Page 9]of them himselfe: But he committeth his people to them, so that he looketh to them himselfe; he giveth them their charge, and taketh account of them because their inferiours cannot doe it so easily; God doth charge the King himselfe,Deut. 17.18. to have a care that he write him a booke of the Law. He taketh account of the Princes of the wrong done to his peaple.Esay. 3.14, 15.The Lord will enter into judgement with the Ancients, and Princes for the wrong done to his people, for yee have eaten up the Vineyeard, and the spoyle of the poore is in your houses. What meane you that yee beate my people to peeces, and grinde the faces of the poore, doe you thinke I will take no account of this, will you be broken in peeces with the iron rod? It belongeth to God as supreame to redresse all the abuses of the most absolute Princes and Magistrates on the earth. Appeales come to him like the cry: that came from Sodome, no miscarriages shall escape him.2 Cron. 16 [...]. The eyes of the Lord run too and fro, throughout the whole earth, to shew himselfe strong in the behalfe of him, whose heart is perfect towards him: And therefore doth the Prophet David appeale to God.Psal 82.8. Arise, O God, and judge thou the earth, if men will not, the Lord of Hoasts will, his Hoasts shall.
3. God doth especially, charge Princes with their duty of subjection, because they have a great influence upon the people,2 King. 10.31. especially to evill Jereboam the Son of Nebat made Israel to sin; if Princes, Kings, and Judges be wicked, they shall not want instruments to forward their wickednesse:2 Cron. 21.3.6. & 4. If David will have the people numbred, Joab will act it though against conscience, he said, why will the King be a cause of trespasse, and in 6 verse, the Kings word was abhominable to Joab; yet in 4 verse, the Kings word prevailed with Joab.Dan. 3.If Nebuchadnezzar set up a Golden Image, none are found that withst and it, but Shadrach, Meshach, and Abednego,Esay. 9.16.the leaders of this people cause them to erre, and they that are led by them are destroyed. [Page 10]Therefore God chargeth Kings with their duty for the safety of his people.
4. If sins be committed as long as Kings, and Princes execute judgement, the wrath of God is appeased toward that Nation:Numb. 35.33. Blood defileth the Land, and it cannot be purged but by the hand of him that flew.
Phinehas hath turned my wrath away from the Children of Israel;Numb 25.11.then stood up Phinchas and executed judgement and so the plague ceased. Psal. 106.36.
Ʋse 1 Information that Kings and Nobles are neerely linked together in the government of Nations, God doth not charge Kings alone, but Kings and Judges, Kings and Nobles, the businesse of Governement is to weighty to be undergon by one man alone: There are two speciall duties of a King, the duty of war, and the duty of peace, in both which he must necessarily have the assistance of Nobles. Let all Histories be examined, and yee shall see that in getting and governing of Kingdomes, Nobles and Worthies, had an especiall hand in raising Armies, in managing Battles, in judging the people. Moses was weary of judging alone, though the people over whom he ruled had been slaves, he had beene the instrument of their delivery; and God did appeare to and for him upon all occasions, & therefore if any man might governe alone, Moses might doe it by such speciall assistance of God; but when Iethro saw Moses sitting in judgement alone,Exod. 18.17.he was plaine with him, and told him the thiug was not good, and advised him to take helpe, or else he must needes tyre out himselfe, and the people.
Againe in stilling the rage of the people, the assistance of Nobles hath beene alwaies needfull, Kings desiring all power into their owne hands make themselves unable to keepe their owne Courts from oppressing their Subjects, or content their people, by meanes [Page 11]whereof people have often beene inraged against their Governours.Numb. 11 1 [...]. Moses complained to God that the people murmured against him, that he was not able to beare their murmurings, and of the danger he was in, desiring God to kill him that he might not see his wretchednesse; that is, that the people might not fall upon him in a m [...] [...]rable manner and destroy him:D [...] dat. For the remedy of which evill the Lord prescribeth this,vers 16. gather together seventy men of the Elders of the people whom thou knowest to be Elders, and Officers over them, and bring them to the Tabernacle of the Congregation, and they shall stand there with thee, these were the Officers that the Lord appointed to assist Moses in time to come against the rebelli [...] the people, these Moses must gather togather in the great Counsell: where yee may see of what number and sort of men these must be, they must be seventy a set number, not too many for feare of diffention, not too few for feare of partiality, yee may further see what manner of men they must be, Officers over the people before they were called to the great Counsell, [...] Icrom. Jerom calleth them prafectos qui docerent ves singula, and the Septuagint [...], Magistres Indicibus vestris, Masters of your Judges.
Implying that these that sat in this high Counsell to helpe Moses against the commotions of the people, must be high in the peoples estimation, and must have the power of the sword in their owne hands, in their severall Tribes whereby they might execute their judgements and by their authority stop the rage of the people.
Without power all judgements were fruitlesse and voyd,Tollet de cas [...], lib 5. cap 56. J [...]d [...]n habeat petellatem, [...] formam vi [...]. Iudge Dodrig [...] [...]itle. Earl [...]. to what end were judgements if the Judges had not power to put their judgment into execution? and therefore in this Kingdome had Earles the third part of their Counties to make them high in the eyes of the [Page 12] people; they were great Commanders, c [...]es, and c [...]itatus were relatives, every County h [...]d an Earle and no more, and Barons had their Baronies, honorable revenue and command, whereby they might assist the King, defend their Country, and doe the people justice: honour without command in war, and judicature in peace is uselesse,Esay. 3 3.4. and a scorne, whereas men whose faces are lifted up above the people, are as necessary for a Commonwealth as bread and water. Honorable men unto whom the people may have recourse in case of imminent danger to be a stay unto them, who meeting in a publique Counsell may carry all things for the publique good: yee may see what service David did to Saul against the Philistines, & what his Worthies did for him, [...] 58.5. in his wars against the house of Saul: yee may see what power the Nobles had in the dayes of Zedekiah unto whom the King did confesse the King is not [...]e that can doe any thing without you.
To make a man great in war, that is not great in peace, is dangerous, unlesse virtue sway, he will love the greatnes of his condition too well, he that is as great in peace as in war, will easily change his troublesome and dangerous estate for rest and safety.
Ʋse 2 Exhortation, that the King and Lords would joyne together to submit to the government of Christ [...] you are required in my Text to joyne with the King in this duty not to be instruments of the Kings will, so you shall shew your selves servants to the King, but not Judges of the earth, his Majesties wisdome, and your learning should joyne together to put on the yoke of Christ to save your selves, and your people from breaking with the iron rod in the hand of Christ, that is as I have intimated from Civill war, from such destroying Civill War a [...] will dash you all to p [...]eces, [...]. 48.2 the Lord is the Lord of Hosts, a name that [...] hath put upon himselfe, [Page 13] Esay. 47.4. Ie [...]va ex [...]r [...]iti [...] [...]o [...]en [...]p [...]s, the great n [...]me of God,Esay. 4 [...] [...] Esay. [...] [...]. all Hosts are his rod, wicked ones, holy ones, just or unjust, [...]orra [...]e, intestine, legall or rebell [...]s, they are all his; he punisheth offenders by them all, what power wee have that wee conceive our safety, that party that conceive they have the power of the sword, strength in their owne hands, they thinke they may doe what they will, but they are mightily deceived, they that have all power to day, may have none to morrow, the Lord is the Lord of Hosts [...] s [...]pientia est sui destructiva, force without wisdome will destroy it selfe.Esay. 3 [...]. Therefor Rabsak [...]h joyneth counsell and strength together, and Aristotle wisdome, riches and power, and descanteth that upon them; men thinke they have quickly wisdome enough, but power and riches never enough, whereas too much either of riches or power is troublesome, or at least unprofitable: But a man can never have too much wisdome. That power wee thinke wee have wee cannot claime as ou [...] owne, it is Gods right, strength is in the Host whereof God is the Lord,P [...]a. 4.28. In the multitude of people is the Kings honour, but the want of the people is the destruction of the Prince; it is the Lord that hath hearts of people in his hand, he maketh them subject to their Governours, and mooveth them against their Rulers, he uniteth and divideth them in Court, in Councell, in field: when he hath a purpose to dash them one against another, he doth divide them;Ier. 13.1 [...].14 I will fill all the Inhabitants of the Land, the Kings that sit upon Davids Throne, and the Priests and the Prophets, and all the Inhabitants of Jerusalem with drunkennesse. And I will dash them one against another, even the Fathers and the Sonnes together, saith the Lord: I will pity nor spare, nor have mercy, but destroy them. He can make such divisions that no unity of interest, of condition, of affinity, or consaguity can prevent, [Page 12] [...] [Page 13] [...] [Page 14]he can divide Kings and Subjects, Subjects and Subjects, Kings and Lords, Kings and Commons, Lords and Commons, Lords and Lords, Commons and Commons, Father and Son, Brother and Brother: where still note that the neerer the conjunction the more dangerous the discord. That some differences should arise among the people, is not wonderfull, the ordinary course of justice doth heale them, that some greivances should arise betweene the King and the Commons is not strange, it is the businesse of a Parliament to redresse them: Then my Lords had you a call from God by the duties of your places, to have been the instruments of unity, then should you have made use of your learning to have reconciled them, then you had use for Divinity, Law, Pollicy, Instice, Power, a little of all these in your hands would have set all things right, if yee and the King had then beene tyed together with the bonds of Christ, yee might have ruled him, and contented the people. But insteed of reconciling the difference betweene them, yee also fell at odds among your selves: Parliaments doe expect some difference, the first worke the Commons use to doe is to represent their greivances unto your Lordships, from whom by the very intendment of the Law they doe expect redresse. You by your places as Councellors to the King, and Judges of the people having power over both, should have acted the parts of good reconcilers; but this iron rod of Gods displeasure fel on you also, the very Phisition had got the plague. You likewise were divided among your selves: I blame you not, I rather pity you, your power was broken by the iucroachment of former Princes, you were defrauded of your learning here required, by discontinuance of Parliaments; your education & honour among the people by Courtship: Kings and Commons have heretofore joyned [Page 15]together to breake the power of Lords, and now they fall out, the Lords have not power to helpe them.
And now I take up the [...] of my Text as applicable to this purpose, where I crave leave to speake to your Lordshippes in the language of my Text.
It had beene very good, that the King, and your Lordships had alwaies beene wise and learned enough to have beene alwaies under the yoke of Christ,Psal 72. from 1. to 15. never to have consulted any thing against God and Christ,Mach. Pranespag. 36. never to have departed any thing from the wayes of God and Christ, the wayes of judgement and justice, I meane which are his wayes. That Turkish, cutlandish distinction found in Machiavil of civilis & soluta potentia which is power above Law, and by Law, had not been misconstrued, and made use of upon all occasions in the Kings name at Court in former times: I wish it had been the manner of our Kings alwaies to have ruled by the positive Lawes as far as the justice of them would any wayes extend, and when any thing of unjustice did fall upon the letter of the positive Law that should be reformed by the Law of God, and the universall Law of nature, that had not been done by a cabinet Councell, but a Councell of State in Parliament: but that time is past, many things have beene done by prerogative above Law, I will not say any thing hath beene consulted by King, Lords, and Commons against Christ; I feare some things have beene done with or without publique consent that should not, I judge by the event as every good Christian should when God is displeased: Yet now if King and Lords would be wise and learned, yee might turne away the wrath of God, and keeping off the iron rod from da shing you all in perces, if not, it is to be feared the iron rod is in the fire to take a new hardning.
The division that hath been hitherto, hath on both parts been grounded on verum and veri simile, the King on the one part, the Parliament on the other, one for prerogative, the other for right and interest, both pleading Law: the King pretending all ought to follow him, the Parliament them, and all by Lawes, take heed of a subdivision among you, where no party doth or can pretend Law, for by the same reason God may justly bring a subdivision among you, untill yee come to utter destruction; for let any wise man consider when wars will cease, if the victorious party shall set up new Principles, and make new Quarrells: you have fought for liberty and common right according to the Lawes of the Kingdome, if your victories set you upon higher points, and yee will have all the Lawes of the Kingdome altered pro Imperio, while the sword is in your hand, this is certainly a new cause, and if it should breed a new quarrell (which God forbid) remember I pray you the iron rod is in the hand of Christ, and not yours, God is the Lord of Hosts, and you shall see it if yee have much experience in war, that God which hath owned your cause that was without controversie just, if yee raise a new quarrell upon a new cause, upon grounds not knowne and stated in the world, may desert you in your new cause: it was not the wisdome of the Parliament, but the justice of the cause, and the hand of God that hath helped you hitherto, you know not what helpe the colour and opinion of law did you in your cause, if once a war should arise without any colour of Law: if Machievills principle concerning the power of Kings should be drawne downe to the people, that they had power without Law, that, as it were lesse regular, so it would be more cruell; neither the Authority of the King nor of the Parliament would shelter any, but all would be dashed in peeces with this iron [Page 17]rod; Be wise now therefore O yee Kings, be learned yee that be judges of the earth; wisdome is of speciall use (in consultations) for Kings and Lords, the greatest honour to them in the world is so to deliberate in their publique meetings, that they may have cause to rejoyce in the wisedome and justice of their consultations; to vote one thing to day, another thing to morrow, is an argument of the greatest weakenesse in the world; yet if the weakenes be in the former it must be amended by a wiser, better to be wise now, then never: I will not lay the supposition of my Text upon your Lordships; I will not say yee have consulted any thing against Christ, but the counsell of my Text, I will, and that in the words of Fabritins and Musoulus: * Fabritius, si sorce quid finistre tentaverint adver sus Christum & Regnum ejus patient [...]r tunc se, evecari ab errore & pirversis institutu s [...], (& paulo ante) sibi caveam a temerariis, consiliis, & mo ititionibus contra Christum & Regnumejus, ut eruditio [...]em & cast gationem admittant ex verbo Dei. Musculus in locam, & nunc inquit cum Regnum Chris [...] ad hunc modum comparatum sit, nt non solum impossibtle sit quod conamim, sed vobit exittosum etiamsihactenus desipuisti tamen vel nune taadem nisi perirejuvat mutata sententia rescipiscite &c. Nam alioqui quod putatu vos reguis vestris per id consulere quod Christo domino repubnatis owniu [...] est stule [...] ssimum. If Kings and Judges of the earth at any time have attempted any thing against God and Christ, they would suffer themselves to be called back from their errour and perverse purposes [and before] that they would take care of rash Counsells and endeavours against Christ and his Kingdome, that ye admit of instruction and reproofe from the word of God, Musculus: And seeing the Kingdome of Christ is so ordered, that it is not only unpossible that yee intend against it, but it is deadly to your selves, although you have hitherto beene unwise; yet now at last repent, unlesse you will perish, for it is the foolishest thing in the world to thinke yee shall settle your owne Kingdomes by destroying his.
But lest some may raise a ground for inconstancy or departing from deliberative consultations, which in plaine termes is to vote one thing, and doe another, or to be unconstant in your votes [...], because the Psalmist doth charge Kings and Judges to be wise, now after they had voted and consulted, Kings, Nobles, and People and were all agreed. My Text affordeth no further warrant for change, but when yee have voted against God and Christ, then indeed it is high time to unvote that againe; the Holy Ghost doth [Page 18]not call upon them after consultation to be wise without cause, and so I come to the second circumstance: therefore certainely it is an unwise thing to change a vote without cause, my Text which is the Commission by which I preach at this time, doth require you to be wise after consultation, when yee have consulted any thing against Christ, therfore because it is against Christ, ye may have other causes to alter a vote sometime, but I have Commission from God to charge you with alteration in this case. And let me tell you to alter any thing is a weakenesse either in the act of alteration, or in the thing that is amended; if without cause, it is folly, if for a wicked cause, it is abominable; If ye have at any time voted any thing for Gods glory, and publique good, to alter that for a friend, is abominable.
I have yet another use of information for your Lordships, which is personal &, therfore belonging to this point. That even Kings & Princes, Kings & Judges of the earth, in the places, of Kings & Judges of the earth must be under the bounds and rules of Christs Kingdome; or otherwise why should the Psalmist have an especiall eye on thē in the establishing of Christs Kingdom; you see God doth call upon Kings and Judges of the earth, and that because he hath set up the Kingdome of Christ upon Mount Sion: some refer all this honour required to the Kingdome of Christ, unto the times after the calling of the Jewes. I willingly grant that the glory of Christs Kingdome shall be more conspicuous after that then before;Rom. 31.12. if the fall of them be the riches of the world, and the deminishing of them be the riches of the Gentiles, how much more shall their fulnesse? But God hath given Christ all power both in Heaven and Earth already,Mat. 28 18. even over all the Kingdomes of the earth, even from the time of his resurrection,Ephe 1. when he raised him from the dead, and set him at his owne right hand in beavenly places, far above all Principallity, and power, unto the end of 22 verse, therefore doth God here command Kings to kisse [Page 19]the' Sun. [That is a note of subjectiō to the Son of God] threaten them with the iron rod, charge them with care not to offend his Son; if Kings had nothing to doe in the Church of God, they might plead against this charge; wee knowe wee are thy Creatures, and therefore wee are subject to thee as God, and the son as the second Person in the Trinity, but as thou hast set him upon the holy hill of Sion, as he is the head of the Church, so his iron rod is nothing else but the censure of the Church; wee may give some respect to it as Christians, but as Kings wee shall be bold to call them in question that use it, if they be too bold with it.
Againe, it may be wondred at, why when the Kingdome of Christ was set up, the Prophet did give no charge to the Bishops or Presbyters, that he had not said be wise now O yee Bishops, O ye Presbyters, and Elders of the Church, but Kings and Judges of the earth, putting no difference betweene the Church, and the earth; certainely our Expositors did finde this want, and therefore Brentius saith, you see by these verses,Vides autem ex hu v [...]rsiculu non tantum E [...]scoperum sed etiam regum & prin [...]ipum offierum offe us cogn [...]e [...]nt [...]e vera Doctrinita Ecclelia C [...]r [...]sts, & [...]urent ut tantum; privatimapp p [...]etatem sectentor, sed etiam at populus Deumrecte colat. Doway notes. that it is not only the duty of Bishops, but also of Kings and Princes, that they know true Doctrine in the Church of Christ, and have a care not only that they privately follow piety, but that the people also worship God aright; you see he bringeth in Bishops, not by the Authority of this Text, yet by the Text he is inforced to charge the care of the Doctrine of the Church upon Kings and Judges: and the Doway notes on this Psalme say Christian Kings are instructed to know, that it is the duty of Kings to defend the Church against Hereriques, and after it is the property of Apostates to favour Heretiques, to nourish dissention, to overthrow the Church: Note cherishing Heresie is to maintaine discention, that is a plot upon the [Page 20]Church will overthrow the Church, let the Commonwealth looke to her selfe, it shall not wholly escape.
But I must but give you a tast of this point; if I should enter into the polemicall part of it, I should defraud you of the charge, which is the substance of the Text; I come therefore to the charge, which is, first, to Kings, be wise, secondly, to Juoges, be learued.
And first of the charge to Kings is intelligite, not sapite, [...] now this intelligite is understand Principles, that is, such truthes that all men (being proposed) would consent to, and imbrace, if not by ased by lust; but this may seeme too naturall, and not any morall vertue, nor properly the matter of an exhortation; men doe not use to charge men to be tall or beautifull, or yong, but valiant, and vertuous, which have influence upon the will.Butidor [...].c, 11. This the learned Moralists doe thus determine, that to know and consent to such truth as men by nature can easily grant, is no vertue, but to know them so as to adheare to them without feare against all sophistications, and temptations, that can be brought to the contrary; that is a vertue when by the actuall understanding of known truthes, the minde of mā is caused to adhear firmly to indemonstrable principles, such as no rationall man can deny in nature, nor Christian in Christianity: and thus much Pagnin doth affirme of the Originall word translated here intelligite, firmely adheare to know Principles of justice and truth: such a carriage as this in a King is enough for the duty of a King to enable him by the helpe of his Lords to redresle all former miscarriages; so as the Lords be such as they should be: Kings yee see are required to understand, that cannot be ment of the naturall power to understand, a man may know his Masters will: and not doe it, this maketh him the worse, and his masters will never a whit the better done, but [Page 21]it must be understood of the intellect which is a morall vertue firmely to adheare to knowne and agreed on truthes, to love truth because truth, and stand firme to that without respect of persons, or to their owne honours; thus you see the generall nature of that intellect here spoken of: But as it is required of Kings, and as it stands in this Argument, be wise now therefore O yee Kings, because that God hath set his King upon his holy Hill of Sion; because he is of that power that he can dash all the Nations of the earth in peeces with a rod of iron, when he is displeased with the; therfore be wise, which is no more but understand your owne condition in reference to Christ; you must take your selves for his s [...]aves, as bound with his cords, which is the description of a slave, to be whloly at the will and pleasure of another, not in any such condition, as if any thing of your owne will or liberty might concur in the things of God, they must know that Christ is their Master, and they must make it the end of all their Government, to serve Christ of all their consultations, to please him, and doe that which may advance his Kingdome, and not adde any thing of their owne to the service of Christ, nor seeke their owne advancement by Religion, but Christs, and this doth planely appeare to be the sence of the words in this Argument. For the Holy Ghost doth lay downe this in the premises that Kings, and Nobles, and People wereall in a rage, they conceived that God and Christ did restraine them of their liberties, take away the honour of the Kings power, of the Nobles priviledge, of the People in that they might not have the settlement of their Religion as they pleased for God and Christ but they would binde them up, and restraine them from making Lawes against them; here is a quarrell picked [Page 22]with God and Christ, wherein God telleth them how they are like to speede if they looke not to it, Christ is their King, nay he is Gods King, and their Master, they are not his Subjects only, but his servants: Therefore seeing the power of Christ is so absolute over the Sons of men, the advice to Kings is to understand their owne condition in reference to Christ; If any strive with Christ for prerogative, it is likely to be Kings, many Kings have usurped such power over the people of God as is due only to Christ; nay few men of power have rightly understood their owne condition in reference to Christ, which thing is here required of Kings, least they be broken in peeces.
That Kings and all such as act as Kings in the execution of humane Law,Doct. must understand what their owne condition is in respect of Christ, and act according to that understanding: That is, they must firmely adheare to this as an undeniable principle, that they must receive the Gospel as the commands of Christ; so as Christ doth require them without any limitations, restraints, or circumstances arising from their own wills.
Now for the rule of our understanding, the principles of Christianity are contained in the word of God by which wee must regulate all our knowledge as it is speculative,Thomas Aquin. 22.47 6. [...] habet in operabilibus, sicut princeptum in speculativis. what Principles are to our understanding that ought to be our end in practice; so wee must make it the end of all our actions to walke by Principles contained in the word of God; what is grounded on the word of God, that wee must firmely adheare to; in matters of Religion we must take all argumments that are against Scripture from nature, bonum publicum, advancement of the Gentry, freedome of the Subject, honour of the Lords, prerogative of the King, to be the sophistications I told you of, against which Kings [Page 23]ought to confirme themselves by continuall meditation on the word of God, and actuall consideration of of their owne condition in respect of Christ.
Reasons, why Kings and such as act by supreame Authority must know that Christ is their King, as indeed he is King of Kings, and Lord of Lords, 1 Tim. 6 15. and act as his Subjects; Nay their Lord, and they must obey his commands as comming from his will without any concurrence of our wills, are three.
First, the commands of Christ have the sanction or penalty of eternall condemnation annexed to them that shall be inflicted on the transgressors which no power on earth can resist; the power and strength of any Authority is in the sanction where men can ratifie commands with small penalties the transgression is lesse terrible, and the command lesse absolute; therefore is the power of a King nothing in comparrison of Christs. Feare not him that can kill the body, Luk. 12.4. and after that hath no more that he can doe; but Christ can doe more, he can render vengeance in flaming fire on them that knowe not God, and obey not the Gospel of Jesus Christ, 2 Thes 1.8.9. who shall be punished with everlasting destruction from the presence of the Lord: See men must obey the Gospel of God, or suffer eternall punishments, and this reacheth to Kings as well as others; this Gospell must be obeyed, it is the command of Christ,Mat. 28 [...]0. goe teach whatsoever I command you.
Secondly, Kings must know themselves absolutely under the commands of Christ, because he can execute his owne Lawes by his owne power, if he could not execute his Lawes without the consent of Kings, then their consent were necessary; but he doth not governe as the Kings of the earth doe by a consenting partie, having no naturall, but morall power over their wills, they can incline them by acts of love, and [Page 24]with the helpe of the consenting party move the dissenting by acts of terrour:Pro. 14.28. In the multitude of the people is the Kings honour, his power is naturally resident in their persons, politiquely in their union that is kept and preserved by Lawes, prudentially by his virtuous adhearing and acting by those Lawes. But God and Christ that sitteth at the right hand of God, ruleth by his owne power, as in the same argument it doth appeare: the Psalmist doth not say he will bring Angels from Heaven, though a few of them would quell all the power on earth; but the Son shall doe it himselfe with the rod of iron in his owne hand, and the Prophet telleth us his owne arme shall rule for him: Esay. 40.10. God can worke upon the hearts of men, physice immediately upon the will, and make them that worke deceitfully doe his worke;Ier. 48 10. they that doe the worke of God deceitfully, shall have a curse for their labour, but the worke shall be done though they thinke not so, God maketh them act what they meane not,Esay. 10 7. yea, contrary to their meaning.
Thirdly, Kings must understand their owne condition in relation to Christ, that nothing of their owne will must enter into, much lesse sway their actions of Religion; if they doe sway their Religion by their owne wills, their Religion then is nothing else but policy, and that will make God angry, laugh them to scorne, disappoint their purposes, and breake them in peeces; I told you before that Christian Practice must make Christian Principles, the ends of all their actions; they must professe Religion to honour Christ, and not themselves, to doe the minde of Christ, and not their owne wills; it is plaine, if once Princes use Religion to other ends, then the glory of God, they understand not what Religion is, what Christ is, what they are, and then they may quickly anger him, and ruine themselves, [Page 25] He that sinneth against God wrongeth his owne soule. Pro. 8 36. This was Jeroboams Religion when he was newly made King over ten Tribes by revolt from Rhehoboam.1 King. 12.27. It was in commune bonum, for the publique good of his Kingdome, that his people should be kept from going up to Jerusalem to worship, where Rhehoboam their former Lord (from whom they had revolted) reigned. Jeroboam, said they, will kill me, and returne to their Master; all the world would have judged this a wise act in Jeroboam; but by this meanes he changed the sacrifice, and the Priesthood, which was his ruine. Jeroboam would make Religion stoope to his honour and safety, and by it displeased God, for which his Posterity was rooted out. This was Absalons Religion,2 Sam. 15.7. he meant to get the Kingdome from his Father; but asked his Father leave to pay his vow which he had vowed to the Lord in Hebron. You see Absalon sought to promote himselfe under the pretence of Religion, and prospered accordingly; but I come to the Application.
Use of information, that Kings that understand not themselves the servants of Christ, are mistaken in their intellect, though in respect of the goodnesse and kindnesse of God, wee are brethren to Christ is friends, and all favour is conferred on us; yet must the greatest of the Princes of the earth acknowledge themselves so under him, that his wrath kindled against them will be their destruction; that their duty is to respect and honour Christ, and endeavour so to receive and embrace the government of Christ, as to frame the hearts of their Subjects to the knowledge and obedience of the Gospel of Christ, ea respublica est faelix ubiregit Philosophia, saith the Philosopher; That Kingdome and Nation that will not serve thee, Isay. 60.12. (saith the Prophet) shall perish.
Exhortation to Kings, and those that by the duty of their places, ought to advise the King for his honour, to labour [Page 26]that his Majesty may act according to these principles, that he might convert those undeniable truths of Gods word which they cannot deny, unto the ends of his actions; wee ought all of us to looke on the publique actions of the King, as such, in which all our good is much concerned: and heere I shall crave leave to involve the acceptation of, and politique use that was m [...]de of Christian Religion in later times, within the miscariages of the Kings and Princes, and shew that the contempt that Court and Countrey had of Religion, and Christ, was the cause of this iron rod that is heere among us, that in consideration thereof, the like may be avoyded for the time to come.
The rise and fountaine of all hypocrisie is, when Principles of Christian Religion are pretended, but they are not made the ends of their actions that did pretend them.
There was great pretence of honour done to the Clergy in the Court of England:2 Thes. 5.13. were the Bishops so much honoured at Court, that Christ might be honoured in them, that Religion might be advanced by them: no such matter, but that they might be popular Orators to draw over the people to put on the yoke of slavery, and that hath drawne so much envy of the people on them. The Principle notwithstanding that was pretended, was a good Principle;1 Ti [...]. 5. [...]. That he that laboured in the Word and Doctrine, is worthy of double honour; but the honour must be joyned to the worke, that the worke may be done; certainely it is the duty of Christian Kings and Princes, to use all meanes that come to their hands to incourage the choice of men for parts and education to become Ministers, to make such publique provision for Ministers, that men may by that obtaine more honour, more maintenance; by it, then by any other publique profession, for my part I cannot prescribe rules to the wisdome of a State; if Christ be an absolute King, his Lawes must be obeyed: that place of honour in Timothy [Page 27]mentioned to be given to them that labour in the word, is to be understood of maintenance, as appeareth by the argument of the place, thou shalt not muzzell the mouth of the Oxe that treadeth out the corne. Such private persons as did receive the Gospel in primitive times must make them that teach them partakers of all their goods,Gal. 6 6 [...] all good things: such Nations as have received Christ, have made large and honourable provision for the propogation of the Gospel, besides that of Tythes, alwayes accounting that too little: God in the old Law provided publique maintenance for his Priests, Cityes, and Suburbs, and Sacrifices, and Oblations, besides the Tythes; and hath commanded maintenance to be given to the Ministers of the Gospel under the name of honour: honour is a publique reward, and can have no publique being without honourable maintenance: the Gospel is sent to Nations, and Nations must receive it, and honour the bringers of it in a nationall way; as for that distinction of civill and religions honour, that is a phansie only to elude the authority of this Text; it is true there is civill and morall honour, but that is nothing but publique and private honour, the King and State must give publique and civill honour or none at all; so that Kings and States cannot receive the Gospel, unlesse they honour the messengers of Christ (according to the command of Christ:) not as beggers and private men give honour with cap and knee, but with honourable maintenance, and command that honour be given them from private Subjects: That honour is due to the worthy is the Law of nature, who are worthy amongst Christians, the Holy Ghost doth declare: they that labour in the word and doctrine; but note that those which have this honour must be so imployed about the worke, that the honour may redound to Christ, they must not seeke themselves in it.
But see were the Scriptures searched into, were they interpreted was the knowledge of God advanced in the the Land, if that maintainance that was bestowed on Bishops, and spent rather in the port of a Gentleman or Nobleman had been imployed on Schooles of Divinity, wee need not be beholding to Jesuits for Comments on the Scriptures, who among many good things whereby they sweeten their mischiefe, take all occasions to supplant the truth. But did those Bishops advance learning and study of Scriptures? I know I shall be cryed downe, they did, and outfaced, that learning did flourish to the highest degree that diligence can bring it. And therefore now no more care to be taken for learning seeing no better successe of it; but havocke may justly be made of all the provision that our Ancestors have made to encourage Ministers to follow their bookes; this is the common cry of the multitude, yee may see what good learning did in the Bishops time, wee must never looke for better from it; therefore downe with it; yet this I say, that if the value of but one Bishopricke were bestowed on seaven honest and able Divines that might maintaine a Schoole of Divinity, and the Scriptures interpreted by them according to the best improvement of humane skill, such satisfaction would be given, that the mouthes of those that fill the world with new fancies would be stopped, the hard places of Scripture made plaine, unity and piety much advanced, which no one mans skill will ever be able to bring to passe, that would make more for the safety of the Kingdome then all the forces and power of the sword.
But let it further be examined, whether ever Ministers of the Gospel were received by the State, so as they were sent from Christ, whether opportunity were given them of free meeting, and communicating their doctrines one ta another, and that the Doctrine that was agreed on, [Page 29]were obedientially received by the State: So Christ sent out his Disciples to teach the Commands of Christ, which Commission must last to the end of the world, giving them this badge that they should love one another, sending them out with his owne authority;Luk. 10.16. were any Ministers received into this State as Commissioners to preach the Gospel ought? have any sort of Ministers beene received as Ambassadors from a King to his owne Subjects? were not those Bishops that were honoured by this State, first sized to the Princes humour, and good experience had of their servile condition, then sent out to stop the mouthes of all that were not fitted to the same last, not with the commission of Christ to preach what he commanded; but with a new Commission to preach what the Prince, and his Commissioners should allow: and was all this done with intelligence according to Principles of Christian Religion? or have not all this striving to keepe the Ministers of the Gospel under, come from a more corrupt fountaine that they might not be bold to preach against their corruptions, or lay on the yoke of Christ too heavily on the necks of Kings, Princes, and People? or hath not this been the consultation spoken of in the beginning of the Psalme? let these words of the Psalmist, Let us breake their bands asunder, and cast away their cords from us receive a possible sence, Cornerus saith, these bands are the bands of Christ, & his Ministers: & Martinius saith,Cornerus C [...]isti. L [...]r [...]. & Mi [...]str [...] [...]um. Martinius difficil [...] est in submitter [...] docend [...]s quibus ips [...] so pr [...]fectes judica [...]. it is a hard matter for men to submit themselves to be taught by them, over whom men conceive themselves to have power. Let us: can the Kings of the earth be sensible of any yoke of Christ, but by the preaching of the Gospel; how can they cast off the yoke of Christ, but by saying to the seers see not? but by dsepising the Ministers of the Gospel, and taking order that none should preach, but such as please them, and in such manner as they please, was this done to advance Christ that preacheth by his Ministers to [Page 30]keepe them under, that they may not boldly speake the minde of Christ, nor communicate their Doctrine according to their Commission.
Let it be considered whether Ministers ever had incouragement to preach the Gospel without the feare of men: for though it be the duty of a good Minister to preach the word notwithstanding any feare; yet it is the duty of those that receive the Gospel to see that the Ministers be without feare. If Timothy come see that he may be without feare, 1 Cor. 16.10. for he worketh the worke of the Lord; were not Bishops nursed up to keepe the Ministers of the Gospel from speaking boldly in the name of Christ: was not this their stile: no Bishop, no King? I never heard no Bishop, no Christ; but had they relyed on Christ, and heard Christ freely speaking to them out of the Gospel, he would have kept them safer then the Bishops did; and I dare boldly say no honour and freedome given to the Ministers of the Gospel, no Christ received in that commonwealth, men dare not say Christ is proude, a course must be taken to bring Christ a little lower, but Ministers are proud, they must be taken downe, they must come under the Gentry: if that be the end of taking downe the Bishops to make the Clergy below the Gentry, I would faine know by what Principle, must wealth needs be of more esteeme then Religion; but let these men speake plaine, and tell us they will bring Christ below the Gentry: indeede I have heard a Gentleman that had some influence on the placing of a Minister in a Countrey Church, should say he skorned any Minister should be so saucy as to tell him his faults, and surely the carriage of the Gentry have beene such, as if they were above the commands of Christ.
I cannot but say the Clergy as well as other men may have their personall infirmities, some of them may be proude, but in reference to divers that object pride unto [Page 31]them, they may much more truely be condemned of basenesse in discharge of their duties, then of pride; though I confesse that many that were base enough where they should be bold, were proude enough where they durst.
It is plaine that Court and Countrey have ever had a desire to keepe downe the Clergy; partly, for that they having fed themselves fat with the Abbeis, have ever since desired another bit, and partly to obtaine a greater freedome to sin against God; but if casting downe the Ministers of Christ be the shaking off the yoke of Christ, and keeping them under, that they dare not speake as men in the roome of Christ, be the sin of Kings, and Rulers in this Psalme, then certainly it hath been the cause that many have been turned into potshards by the iron rod of Christ: and give me leave to call upon Kings of the earth, in the words of my Text.
O yee Kings understand your owne condition in respect of Christ, you must serve the Lord in feare, and rejoyce to him with reverence; All your goods are nothing to Christ, but to his Messengers that are in the earth; you cannot honour Christ but in them that come with the Gospel, incourage them to study the Scriptures, and discharge their duties in the name of Christ:Luk 10.16. if heretofore ye have used any meanes to stop their mouthes, to keepe them under, either by making them dependant or otherwise, now yet at last while there remaine any part of hopes, honours, and persons unbroken, set your hearts to encourage Ministers in their duties, God will not leave a cup of cold water unrewarded, that is given in the name of a Prophet: what you doe, do it to them in the name of Prophets, not in the name of Servants, Flatterers, Supporters of your States; God hath begun now to shew his displeasure, there is cause therefore you should now understand, that is, adhere to the Principles of Christian Religion, and then advise with your Councellours the Judges of Judges, [Page 32]or Judges of the earth, the gravest, the most interrested, and intrusted Councell, the Judges in your Parliament. Let your ends be right, grounded on principles that make for the honour of Christ, otherwise your best Councell in the nature of Councell, is worst in its morall consideration. Achitophels counsell that was as from the Oracle of God,2 Sam 16.23. was morally no better then that an ambitious and trayterous Son should kill a Royall King, and loving Father: never refuse that for the end of your actions, that is represented to your understanding as an undeniable truth, and then take advice of your greatest and wisest Counsell, In the multitude of Counsellors there is safety. If Rhehoboam had followed this advice,Pro. 15.22. his Kingdome had not shrunke from twelve Tribes to two as it did; and now my Text doth charge the King to come to his Parliament, and with them to submit to the yoke of Christ; as a Minister of Christ, I ought to declare the minde of Christ; as a Subject to his Majesty, I ought to seeke his advancement, he shall thereby obtaine the priviledge of such Kings as are Kings his in the Church of God; this was Davids priviledge that his Kingdome was upon Sion, and hereby God made him first borne higher then the Kings of the earth; It is a preferment to a King to be a servant to Christ, and his only safety against the disappointment of his actions,Psal. 89.27. and the perill of his person.
I beseech your Lordships to hearkē to the second charge of my text, which is your particular portiō, be instructed ye Judges of the earth, the charge that lyeth upon you is to be instructed; the word signifieth castigare, to bind, instruct, compell, correct; which discipline, Lawes, bonds, punishments, [...] your selves, that you wander not, and live after your owne lusts, the discipline and correction yee ought to restraine your selves withall, ought to be streight sueh as we use to children in their tender yeeres, the same that [...] this yee must receive as Children from the [Page 33]word of God, subjicite vos reprehensioni verbi, Cajetan. Dei submit yourselves to the reprehension of the word of God.
From this second part of the charge;Doct. that if any thing be consulted and agreed on against God and Christ, the Nobles and Judges of the earth must receive instruction, reforme, and amend themselves, and together with the King submit to the government of Christ; but the charge lyeth upon your selves in this clause, though the consociation with the other clause require your conjunction; but I am now come to your duty as it standeth singly in this part of the charge.
Yee see my Lords, more is required at your hands, then of the Kings in point of knowledge: yee ought to be the Kings Treasurers out of which hee ought at all times to draw wisdome; yee ought to be that multitude of Counsellours that might make all the Kings purposes succesfull; if the King want counsell he must repaire to you, if you want it, yee must provide it for him, it is the duty of your place; therefore if yee be not learned yee must receive instruction, if never so learned information, if yee be morally vitious yee must amend your selves by Lawes, Discipline, correction; yee must use your selves as men use Children, correct your selves, or if need be as men use madde men, binde your selves; rather then wander after unworthy & sinfull lusts; whosoever are ignorant, ye must be knowing, though corruption of times may lead some others into swearing, lying, drunkennesse, uncleannesse, profannesse; yet none of all these things should be found in you. It is a shame that a Christian Lord should not be eminently above unchristian and heathenish vices, Her [...]s est supra [...]mnem legem humanam, more vertuous then any humane Law can require: how shamefull is it that they should be more vitious then any heathen Law should suffer? It is sufficient for a King to understand and walke by principles, such as no man can deny to be truth, to make [Page 34]good principles the end of his actions, you must helpe him to the meanes which is the act of Councell, when the end is agreed on, Councell must finde out the meanes to obtaine the end, and that is properly wisdome, learning, and prudence, the same word is translated, be learned and amend your selves, learning is a great meanes to amend a man; againe it signifieth correct or punish your selves, nothing is so ready a way to amend a man as punishment, because prudentia moralis versatur circa aff [...]ctus, morall wisdome is conversant about af [...]ections, which are not mooved with any reason, but much with strips, nihil suasionibus plurimum flagris, as Moralists all agree, and therefore is it that such creatures as are only sensitive are not wrought upon by reason, but stripes only. I shall distinguish the requisits of a Judge into learning and honesty, [...] both contained in the originall word which commeth from [...] hence [...] discipline or correction by learning instruction threats either active or passive.
Againe the learning that is required to Judges may be distinguished into the learning of inferiour and supreame Judges, honesty ought to be common to all Judges, as likewise that learning of their owne condition in reference to Christ.
The learning of an inferiour or subordinate Judge must be either habituall, or upon all emergent occasions capable of new instructions.
His habituall learning must be the knowledge of the positive Lawes and customes of the Kingdome containing the right of the King and Subject, so as they are applicable to continuall practice; he must likewise know the rules of morall Philosophy, a study much neglected in this Kingdome, the Lawyers rather going by particular president, then rules of justice (which is rather emporicall then learned) and from particular [Page 35]president gather an universall rule, which is too much used for Lawyers Logick, when they are pleased to make use of it, but they can forsake it for a friend at pleasure, which maketh the Lawes of England so lyable to abuse, and leave the Judges too great a latitude to doe amisse and yet excuse themselves, if they walke by a president they are excused, if they desert their president, and make new (as in some cases they may and ought) the weakenesse of this collection it was done, therefore well done, it was the opinion of these Judges, therefore right, may well excuse them, whereby the Judges have a latitude to judge, which way they please without blame; because the study of the Law is rather by induction then demonstration, rather by the will of former Judges, then rules of justice which are to be found in the learned skill of morall Philosophy, and ought among us Christians be regulated by Scriptures, with which in matters of justice the light of nature doth agree; these Rulers of justice ought to be the only guide to judges in matters of judgement, to Parliaments in making Lawes; therefore in the Scriptures is justice annexed to judement. Judges and Officers yee shall choose, Deut. 16.18. and they shall judge the people with righteous judgement. Ex. 45.9. Let it suffice O yee Princes of Israel, remove violence and spoyle, execute judgement and justice, take away your exactions from my people, Ier. 22.3. execute judgement and justice. Justice is the rule, judgement is the application of it to time and place.
2. There must be a learning that ought alwaies to be in fieri upon emergent occasions, that is, a diligent care to finde out the fact,Iob. 29.16. that cause which I kn [...]w not I sought out diligently, this was the glory of Solomon in case of the Harlots, and this must be in all Judges high or low.
3. There must be a sagacity or quicknesse in a Judge [Page 36]to make application of the Law to the case in hand; this is the principall, if not the sole duty of a Magistrate to execute the Lawes, to see that all men that seeke justice may h [...]ve it without partiality; this belongeth to a Magistrate essentially, and cannot be taken from him while he remaineth a Magistrate, Judex debet habere potestatem veritatem formam vim, Tollet. that is, he must have authority, truth, and forme before, and in judgement, and force following it to put it in execution.
The reasons why Judges ought to have such learning, are, first, because no action can be rationall that is not grounded on some Principle of humane understanding; God hath given man understanding to rule all other faculties of the soule; if man shall act any thing that is not first well digested in the understanding, that is brutish, and therein men act not as men, but as beasts, and therefore the Scripture doth resemble those actions of men, wherein they transgresse the Law of God, and right reason to the actions of beasts,Psalm. 32.9. Ier. 5.8. Be yee not like Horse and Mule, which have no understanding, They are [...] fed Horses, every one neighing after his neighbours wife; now if all actions ought to be guided by reason, or else they be beastly, the judgements of Judges, if without rule, must needes debase them far below their condition.
2. That judgement that hath no better ground then a Judges opinion,Aquin. 22.5 e. 1. Omni [...] scientiae habetur p [...]r aliqua pr [...]pia per s [...] [...]o [...]a. hath a very fraile foundation: Judges must be learned, not willfull and imperious [...] but learning is habitus acquisitus, men are not borne learned, nor can become [...]o without diligence and study; now science is the knowledge of conclusion, which depend on certaine Principles knowne by themselves, which are delivered and received in the science that is studied, the rules of a science are not uncertaine, lyable to [Page 37]mistake nor subject to the wills and affections of men, quā minimum relinquendum non judi [...]ibus propter affectus, the Lawes ought to be cleere, fully and plainely delivered, things may be set downe as cleerely in matters of Law, as in any thing: Lawes are not conversant about unknowne motions of Sta [...]s and Spheares, nor in the Mathematicall speculations of accidents remote from matter, but the manners and actions of men visible, sensible, apparent actions. Againe they ought to be expressed in words whereby men are able to expresse their mindes most fully; therefore Aristotle saith,Quod Lex non potest exprimere [...] h [...]m [...] quidem potest. that which the Law cannot expresse, that man cannot expresse, that cannot be sayd to be learning, that is contained in the mystery of one or some few mens abilities, but that which is in praeceptis scientiae traditis, which is made common and publique for every man to study; such ought the learning of a Judge to be, that it may be rationall, certaine, and not subject to lust:Thomas Aquin. 12.98.1. c. Lex bona quia consonat rationi, and this the Lawyers professe; the Law is reason, but being prest with this argument, if the Law be reason, then men that are not bred Lawyers must understand it; they answer it is reason to him that is learned in the Law, what doth the study of the Law change the nature of the man? reason cannot agree to a man quatenus, a Lawyer, bu [...] quatenus, a man; that cannot be said to be reason, which a man cannot understand, unlesse he be a Lawyer; this were to make a Lawyer differ specie from another man.
2. Reason, why Judges must be learned, because Judements are matters of the highest concernment in the world, and that in two respects.
First, because they procure the favour or displeasure of God,Pro. 2 [...].3. Esay. 5.7. and 5 [...] 15. to doe justice and judgement is more acceptable to God then sacrifice, therefore the Prophet saith, that Go [...] looked for judgement, but behold oppression; the Lord [Page 38]saw it, and it displeased him that there was no judgement.
2. They are of highest concernment to humane society, they are the causes of peace and war,Am [...]s 5.6.7. Seeke the Lord lest he breake out like fire and divoure you, ye that turn justice into wormwood: War is the breaking out of the Lord upon an unjust people: I dare say, had the judges walked in judgement according to the petition of right, punished those that first tooke monopolies, tunnage and poundage, not exacted, because not granted in Parliament, or the exacters punished in judgement; Shipmony not judged to be Law contrary to Law, it had been impossible to have brought the people into such a distemper as to fall one upon another; the fault was laid upon the Bishops and Clergy of the land: I will not excuse them as far as they had any hand in overswaying the judges, putting downe the good ones, and setting up such as were servile, and might easier be bent to serve the lust of the Court against Law, or as they were active themselves in arbitrary Courts to the oppression of the people, such as were the High Commmission, Star-Chamber, Councell-Table; but this I dare say the most immediate causes of breach of peace have beene failings in judgement: all failings in judgement are oppressions, therefore is judgement opposed to oppression. Judgement stood a farre off, he that abstained from evill maketh himselfe a prey. The robbery of the wicked shall destroy them because they refused to [...] judgement. Psa. 5.7. and 56.14. Prov. 21.7. Yee see the Holy Ghost doth plainly affirme, that refusall to doe justice is robbery, and the cause of destruction.
3. Subordinate Judges must be learned that they may discerne the flourishing of Rhethoricke and falacies in the arguments that are brought against the truth, that hee may be able to judge rightly of a cause, notwithstanding the industry and ability of an advocate: advocates will [Page 39]be subtle, and no cause can be so bad but it will find some to plead for it; the divell will be sure to get as good counsell as he can, he that pleadeth his cause shall have a double fee: if the Judge be not learned he will often prevaile, he knoweth if he can but pervert judgement, by what means he careth not, he shall promote wickednesse, advance his kingdome, and murther men, which is Sathans delight; therefore the Judge must bee learned to judge betweene plea and plea;Deut 17.8. plea against plea make matters difficult in judgement; the want of learning to decide them, the cause of divisions; this is the cause of civill dissentions when matters are put in execution with an high hand, before they are peaceable and clearly determined in judgement: I shall put you in minde of the great questions that were raised in the beginning of these troubles which were not peaceably and clearly determined in judgement; objections were sent abroad among the people without the [...] answers, which caused divisions among them.
- 1. Concerning Power.
- 2. Concerning Law.
Whether the King had power to call and break a Parliament or no, the Lawyers logick was cleare enough for the King, they had presidents enough: That the Kings counsell had an hand in the call, is most plaine by the Writ; but whether this counsell were a select counsell of Lords and Commons, some Lords, some Commoners, Secretaries of State, officers of his Majesties houshold, such as he should choose, which as to the security of the Kingdome were as good as none, or the Earles and Barons of the Kingdome, or what power they had in this great businesse the learning of the Law did not determine; the practice of the times did carry all by the will of the King, whereby Parliaments were rendred uselesse to the Subject, and the whole Kingdome lay open to any such violence as evill counsell, should at any time lead the King into. The want of learning in this point was the first cause of this dissention, [Page 40]learning could not, and therefore it was put to the determination of the sword.
2. When Parliaments were called, what power the King had, what the Lords, what the people or Commons, what joyntly, what severally, was not cleerely enough determined in the Law, and therefore left to the determination of the sword; learning was wanting, and therefore God brought in his iron rod.
In matters of justice what ought to be adjudged treason, what not; how those treasons mentioned in the Statute, and referred to the Paliament to be determined, ought to be judged, and by whom, the learning of the Law did not cleerely determine, and therefore left to the determination of the sword.
The learning of the Law did never yet cleerly and publiquely determine between Plea and Plea, in these objections following, that none ought to be adjudged but by positive Law; Secondly, that all Lawes ought to have publication, none ought to suffer for any attempt, except against the Kings Person, which objections would easily have bin answered, if the study of morall Philosophy had beene well taken into the study of the common Law.
I shall only acquaint you with some few rules of moralls concerning these points. First, ignorantia juris universalis non tollit peccatum; that neede no publication, the boy to the ancher and crosse of the doore hath no place heere, that publication doth belong only to particular Lawes, not universall.
2. Though subordinate Judges may not, yet the supreame Judge may judge by the universall Law, salus populi suprema Lex.
3. Attempts against the Kings Person are only criminall by positive Law, but there the fact is likewise treason; but where the fact cannot be punished, the attempt must by the universall Law of selfe preservation as an attempt [Page 41]to conquer the Kingdome, change the Government in any Subject must be punished, the fact cannot prosperum & faelix scelus virtus vocatur: when such questions as these were on foote, the learning of the Law ought to have been cleere, the Judges should have been learned, but they were not, and therefore God was angry, its now therefore high time for Judges to be wise, there hath many miseries happened to us of late, which are yet hard to be remooved for want of learning, and therefore there is great reason all meanes should be used to get it; there is great cause therefore the Holy Ghost doth cry out upon you, O yee Judges be learned, Children and women cry out for feare often where no dangers is; but where wisdome it selfe doth cry out, there the danger must needs be great.
But now my Lords, I come to the learning that is required in your Lordships as Judges of Judges: It cannot be denyed that all learning that can be desired in any, would adorne and beautifie a Lord; yet let not any cunning Sophister perswade the world that a Lord is not fit to be a supreame Judge, unlesse he be a cunning Lawyer; if any Law be hard for a Lord to understand, it is too hard to be a rule for men to walke by. It is sufficient for a Lord to know unjustice, when it is so obvious that it is become a publique grievance, to keepe the Judges from bribery and flattery of the King, or oppression of the people, that nothing be done by violence without judgement, or in dispite of Parliaments.
If your Lordships could have but hindred the gathering of tunnage and poundage, taxation of shipmony, raising of monopolies, used meanes to have Parliaments orderly called; told the King his dutie, punished his instruments when unjust, so far as they appeared to publique view, advised the King to forbeare any illegall power over his people, punish such as should advise him to any unlawfull thing, when prooved, and plainely appearing to you, and [Page 42]by your power suppressed all power raised against Law, This had been sufficient, to have preserved the Kingdome from ruine, seditio non oritur levi de causa. That which is principally required of your Lordships in point of knowledge, is to receive instruction, yee cannot want knowledge enough if yee will receive it to deliver the Kingdome from the stroke of Gods wrath, the dissention of the people.
I cannot but confesse these times have involved your Lordships in very great difficulties; but the greatest difficultie is to amend your selves, if you could but give testimony to the world, that you see your selves partly by the fault of your Ancestors, and partly by your owne, disabled from doing your Country that service which the duties of your places doe require, and that you earnestly desire a reformation of your selves; if you could but undertake the principall duty of your places, to be reconcilers of the King and people, and propose such tearmes of agreement as may be fit for Prince and people to receive, God would certainely assist you. All Governments are species amicitiae, kinds of friendship, the differences that are at this time betweene the King, and his people are very great; you my Lords ought to use all meanes to set them at one; you are the Umpiers of the State, your wisdomes ought now to appeare, you ought to deale plainely with King, and people, where you finde the fault lay the blame, presse the King to his duty, and the people to theirs; let your Propositions be legall, reasonable, and wholesome for the State; God, and good men will not leave such indeavours without comfort & successe, you ought not to joyne with the King against the Commons, nor with the Commons against the King, but carry the Ballance of justice so justly and friendly between them, that they may joyne in friendship one with another, you are trusted with the honour of the Crowne, the justice of the people, the setting up the [Page 43]honour of Christs Kingdome, yee must not suffer any of these to sinke.
2. Yee must amend your selves in point of unity, you ought all of you to be united as one man. Unity is the safety of the people, in no sorts of the people so dangerous as among Lords, pauci viri boni non minus conjuncti quam si essent unus homo, it is that only that shall make you able to save your selves, and your Countries: the difference is betweene the King and the Commons: if one part of you side with the King, another with the Commons, and looke towards the sword, by it to beare downe the adverse party, you make your Countrey become a prey, and ruine your selves and your Posterities; the end that ought to be before your eyes to bring the government, subspecie amicitiae, that you cannot endeavour untill you keepe and preserve unity among your selves, you cannot seeke unity between the King and his people, untill you seeke it first among your selves.
3. Yee must looke to this charge of my Text; remember what yee are in reference to Christ, yee are his servants, yee must take his advice, call such as can shew you the minde of Christ, to your assistance; yee must receive instruction from him as he is pleased to give it by the Ministers of the word; Luk. 10.16. He that receiveth you, receiveth me, he that despiseth you, despiseth me; yee see Christ doth owne them as his Deputies, if yee receive them into your Counsells, yee receive Christ, if yee cast them out of your Counsells, yee cast Christ out of your Counsells; if any such thing have been done in hight of opposition, be learned, receive instruction, and learne to amend; Nations must hearken to the commands of Christ Parliaments, that act as Nations must doe it, or else they will displease Christ.
2. Let nothing be carryed with a strong hand, till they be peaceably descided in a friendly and Parliamentary way [Page 44]the prerogative of the Crowne, the right of Lords, the honour of the Messengers of Christ, the Priviledges of the people; let no parties presume by power of the sword to overbeare another.
3. Yee my Lords ought to preserve the dignity of your publique places: it may not be esteemed an act of humility in a Majestrate or a Minister to lose the right that belongeth to their publique places, that is breach of trust, and neglect of duty; therefore ought Majestrates, to maintaine the honour of their places, and act by them for the good and peace of their Countryes, and honour of Christ, that so they may escape the anger of God, and the stroake of Christs iron rod.