are by his Majesty appointed to Administer Justice unto his Subjects but quo modo not according to our Will Conceit or Opinion but Secundum Legem Consuetudinem Maneriae Anglicanae which Law Custom and Manner must be Executed with Judgment Understanding and Equity for we must know our selves and the place wherein we are we must know and understand each Cause before us brought and according to our Knowledge and Understanding we must uprightly judge according to Equity without in the least sort being drawn by respecting either Person or Quality to bear a partial Hand in the Execution of Judgment Briefly says he the Office of a Judge is to hear each Party speak solemnly to answer or object directly to see as near as may be possible each Truth substantially proved and then to Judge with an upright Heart according to Justice and Equity never in any one thing making a conclusion before a conscionable wise and judicial consideration As to the Causes they are to enquire of they are says he such as these by whom the King is most disobeyed his Estate disturbed and Kingdoms threatned and that the Peace be inviolably kept of which and much more you may see in the Chapter of Judges and amongst the rest that they take care of Religion and therefore Judges as at the first as I could instance in several Charges were wont to let those who heard them know that they ought to be very careful in such Matters And here of a plain Instructor I become a humble Petitioner to the Reverend Judges to the Worshipful the Justice to the Gentlemen of the Grand Inquest and all in Places of Eminency in the behalf of the Establish'd Religion of the Land against her many and sometimes too powerful Enemies I hope I need not to you at least make mention of those Maxims of our Common-Law that nunquam prospere succedunt humana ubi negliguntur divina that summa est ratio quae pro religione facit that gravius est divinam quam temporalem laedere Majestatem that Religion and Justice are the main Pillars of the Common-wealth and that the Frame of our Magna Charta is that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable Lastly That his present Majesty hath sworn to maintain the Church England as it is by Law Established now I beseech you according to these Maxims and as you are intrusted with the Kings Oath and are bound to act according to Law maintain the Church by Law Established against all her Adversaries whatsoever and chiefly I intreat you against Atheists Haters of Episcopacy and Contemners of our publick Liturgy First lend your helping hand against all those Athiests who make a mock at Religion and all that is Sacred or but Serious amongst us neither you nor we can make Men truly Pious or banish Impiety out of the Nation but you may yea ought to be careful of Religion as that which is the best Security to the Nation since neither Forts nor Castles Armies nor Navies Arms nor Amunition Men nor Money to say nothing of Allies and Confederates the Staff of Egypt are not so powerful to support the Crown of a Prince as Religion You are here in the Kings Name and act by his Commission let me intreat you then to act under him as Defenders of the Holy Ancient and most Catholick Faith taught and profest in this Church of England suffer not this holy Religion to be despised let not this be openly derided droll'd upon ridicul'd or turn'd into Burlesque and Mockery as if our Young Squire and Witty Spark had no way to shew his Wit and Breeding then by exposing the Clergy and making a Ridicule of Religion who indeed how witty soever he thinks himself is a greater Fool then he in the Psalmist saying in the Street what he only did in his Heart there is no God As to the second those who are sworn Enemies to Episcopacy and never had good Will for Bishops unless when in their Power I know you cannot perswade them to lay aside those ill and unjust Principles they have unwarily imbibed from some Teachers much less perswade them to admit of this Government as Apostolical but I hope you will not suffer any bitter Spirit in Pulpit or Press to burst forth into Scandalous and Slanderous Libels bitter Pasquels and railing Pamphlets whereby they Slander that Sacred Government which by the joynt Confession of all Reformed Divines and by the most irrefragable Arguments of our own is proved to derive it self from the Times of the Blessed Apostles without any interruption or alteration for tho the Bounty of Religious Princes have thought meet to grace the Function with some Accesses of Tithes and Maintenance as yet they are by Law in this Nation who that is Wise or who indeed but a Fool will thence argue that the substance or any essential Part thereof is in the least part altered by such gracious Munificence And that I may not seem to digress know Episcopacy is setled by Law and the Lord Coke long ago observed that the Opposers of Episcopacy strove to shake in sunder the whole Frame of this Imperial Government for if as they desire says he the Form of our Civil Law was Abrogated then should our Common Law and it of necessity fall together for they are so Woven and Incorporated together as that without the one the other cannot stand and of this he gives the truest instance again says he without the Grave Assembly of the Reverend Bishops his Majesties High Court of Parliament should be unfurnish'd no Law being there enacted but that which is by the King his Lords Spiritual and Temporal concluding that those that would have no Bishops amongst us do in their designs strive to pluck from his Majesty and the Dignity of his State the Right Hand of Government and as much as in them lies break in sunder the Golden Frame of just Authority for if no Bishops no Laws if no Laws no King Lastly As to her Enemies who contemn and deride our Litany that Public Form of Prayer used in our Churches tho you cannot perswade Men to Worship God in Unity and Uniformity as was commanded in the days of Queen of Elizabeth of Blessed Memory yet suffer not the Public and Established Worship of the Nation to be deprived of its due Honour and Esteem as that which being selected out of Scripture and the Antient Models of holy Church and continued by the holy Martyrs our blessed Reformers and hath received abundant Supplies of Strength from the zealous Commendations of all our Protestant Princes and the Establishment of many Parliaments as that which was the happy means of bringing many out of Popery and does in a great measure prevent that Confusion Tautology Irreverence not to say Blasphemy too frequent in extemporary Prayer in a word tho you cannot perswade all Men to frequent the Church of England's Religious Service
be understood that Maxim in our Common Law that the King can do no Wrong since the Law being his public Will the Magistrate is to act by that tho the Prince at some time should command him to act otherwise I hope I need not prove that the Happiness of this Nation consists in the Kings just Government and the People's due subjection when there is no Misunderstandings between the Prince and the People but each concur to make the Commonwealth Happy now this in a great measure depends upon Judges who not only assist at the Making and Penning of all Laws but are to hear and determine Controversies between the Prince and his Leige People for tho it be our Duty to press home Obedience to lawful Authority 't is the Judges who are to tell us what Obedience is due and they properly and not Divines are to determine Points of this nature it is not for Divines says the Learned Sanderson to meddle in these Matters whereof they are not competent Judges nor do they come within the compass of their Sphere they ought to be left to the cognizance and determination of States-men and Lawyers who best understand the Constitution of the Government and the Force and Effect of the Laws of their respective Countries and are therefore presumed to be the best able to judge the one by Constitution in whom the Sovereignity resideth and the other by Law how the Sovereignity is bounded and limited in the Exercise thereof 'T is sufficiently known the Monarchy of this Nation is limited and what the Sovereign has he has by Law and the same Law which grants the King his Legal Prerogative does also as firmly secure to the People their just Liberties and Properties and there is none here but knows there are sundry Cases in which the Subject in maintenance of his right and property may go to Tryal with the King bring his Action and have Judgment against him in his own Court and the Judges in such Cases are bound by their Oaths and Duties to right the Party according to Law against the King as well as against his meanest Subject Now if they are corrupt and through Fear or for Preferment act otherwise we may easily conceive what mischief they may do in the Nation 2. The Judges are Judges of Oyer and Terminer to hear all Causes and to determine according to the known and standing Laws of the Land So that each Man may have a fair Hearing and probably a just determination of his Matters Besides the Judges are Overseers and may hinder corruption in others And here I cannot but take occasion to shew how our Law empowreth the Judges of Assize to inspect all any ways concern'd and if they are careful they may regulate and in a great measure prevent those Abuses which too often are in the Grand or Petty Jury in the Accuser Witness Pleader Attorney and inferior Clerks and under-Officers since the Judge is not only bound to pronounce Sentence according to Law but 't is his Duty to see that none of his Subjects have Damage The Kings Majesty says the Lord Coke at his Coronation is sworn to do Justice to all his Subjects which in his own Person it is impossible to perform and therefore his Highness is constrained by his Ministers Deputies Justices and Judges to administer Justice to his People unto them and into their hands is as it were deliver'd the Kings own Oath see then the Dignity and Charge of Justices and Judges of Assize Assignavimus vos Justiciarios nostros we have assigned you our Justices and you may administer Justice unto our Subjects then says he by the Kings Commission the Kings Oath is put into our hands now he that does not forbid an evil when he may commands it Judges then are chiefly entrusted with the Kings Laws and have a superintendency over all other at the Assizes whose duty is to see how others do theirs and to find out what is amiss in any and to check and punish all as they deserve and surely when the Judge himself is just and impartial the Accuser Witness Jurors Lawyers and all other inferior Officers if they be not also just will yet be afraid and not dare to act unjustly bare-fac'd and openly many such things I fear want a Reformation and good Judges are the Sanctuary to which every injur'd Person flys in distress For Princes be they never so good yet cannot know their Subjects wants they see with others Eyes and hear with others Ears and are inform'd by others Tongues and act by others hands it cannot be suppos'd those Constellations which attend the Southern Pole should take notice of our Hemisphere or intermix their influences with those over our heads each Agent must act within the Sphere of its activity then therefore the Reverend Judges who by the benefit of the Circuit have advantage of viewing the whole Kingdom and all the Corners thereof may see those Enormities wherewith any Part is infested and are the only Able and Authoriz'd Persons to apply their Remedies and thereby restore Church and State Prince and People yea the whole Nation to its Pristine Health and Soundness upon You chiefly depends the happiness of this Nation you who know our Laws and have Power to put them in Execution our Laws are made by Authority of Parliament for the good of the People but 't is you that put life into them which if not duly executed are but dead Letters ye are the leges Loquentes and by the due and true Execution of our good and wholesome Laws you shall free this Nation from infinite Mischiefs and secure to us all that is near and dear to us in this World and that it is so I might further shew from the Evils which have happen'd to this Nation by corrupt Judges but such Judges as we had lately the late Beneplaciti have out-done all their Predecessors in this Point and we need only call to mind their unjust and illegal Proceedings and the Slavery they were bringing upon the Nation and we must needs conclude that the happiness of this Nation depends upon our having good and upright Judges The Sum of what I have said is this that good Judges are the Pillars that bear up the State and hinder it from Dissolution that 't is in them to make a Nation flourish and a People glorious their Righteousness exalting a Nation and their Sin a great reproach to any People that by them and their just Judgment the Kings Throne is Established and in a Sence made perpetual that 't is in their Power to stop the Fury of God and hinder or retard a direful Judgment you may procure a Blessing for a Curse More I might add but I hope the present Judges out of a consideration of what they owe to God to their Majesties to the whole Nation and to their own Consciences will so act hear and determine all Causes according to the Word of God and the known and
standing Laws of the Land allowing the King his Legal Prerogatives and the Subject his just Liberty and Property and in every Case pronounce such just and righteous Judgment that it may seem needless to speak to the Ear what in our days will be so visible to the Eye we seeing our selves happy in that we have Judges at the first which brings me to them who I hope are come to us just Judges viz. To shew you what is meant by Judges as at the first and in this I shall be brief and I shall first consider Judges as at the first in general and secondly in particular 1. Judges as at the first in general such as God constituted at the first and of these 't is requir'd that they be Men of Wisdom and Understanding Men that fear God and hate Covetousness Men of Integrity and Courage Lovers of Truth having no respect of Persons a word or two of each Quality 1. Judges at the first were required to be Men of Wisdom and Understanding Deut. 1.13 Take ye Wise Men and Understanding and known among your Tribes and I will make them Rulers over you And the charge which is subjoined requires all Judges to be such even that they may be able rightly to judge between their Brethren and the Text tells us the Cause which he knew not he searched it out and he then acts as a Judge as at the first who when he hath heard both Parties with equal Patience who hath duly examined the Witnesses considering who they are and what they say and well weighed all Evidences and Circumstances and trying all other just ways of finding out the Truth then pronounceth Sentence accordingly 2. Judges at the first were required to be Men of Integrity and Courage Deut. 1.16 And I charged your Judges saying hear the Cause between your Brethren and judge righteously between every Man and his Brother and the Stranger that is with him they shall not respect Persons in Judgment but they shall hear the small as well as the great good Judges and such as were at the first used Indifferency in the Administration of Justice considering the Cause abstract from all Relation but that of Right and Equity having no respect of Persons or partial Inelination to any side 3. Judges at the first were to be Men of Courage and indeed without this Quality the Law grows weak and useless what fignify good Laws if the Magistrate have not Courage enough to put them in Execution yea for want of this Magistracy becomes contemptible and the Oppressors grow Insolent and like those in the Psalmist cry who shall say unto us what do ye We are Rich we are Great and what Judges dare meddle with us and therefore Jethro required this in a Magistrate viz. That he should be a Man of Courage and Job speaking of such a one tells us he broke the Jaws of the Wicked and pulled the spoil out of his Teeth 4. Judges at the first were to be Men that feared God a Vertue very requisite in all Magistrates and therefore the Wicked the Wrong-doer the Oppressor and such as do Violence are in the Scripture said to have no fear of God before their Eyes and Abraham despaired of any Justice in the Men of Gerar because he thought the Fear of God was not in that Place The Fear of God says Solomon is the beginning of Wisdom and 't is the Fountain of Justice this was urged by Moses and repeated by good Jehoshaphat 2 Chron. 19.6 Take heed what ye do for ye Judge not for Man but for the Lord who is with you in the Judgment Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity in the Lord our God nor respect of Persons nor taking of Gifts 5. Judges at the first were to be Lovers of Truth they should make it their business and count it their Delight to do Justice and not only should they be Lovers of Truth themselves but discountenance Fraud and Deceit in all others such as false Accusations false Witnesses crafty and cunning Pleaders by whom a bad Cause is made a good one and in some others we all know Malice Flattery Ambition Covetousness c. are apt to give being to many false and unjust Accusations and the Inventors and Teachers of such Accusations are cunning and use many Arts and Tricks to give them the colour and face of Truth Now the Magistrate as a Lover of Truth should be jealous and use his utmost skill and industry in all suspicious Causes to sift and bolt out the Truth and make all such as have a hand in such unjust Causes all informing promoting pettifogging Rascals Examples of his Severity not in the least encouraging any such make-bates who are the plague and pests of the Nation the brood of Cain who flew his Brother and Children of the Devil who is stvled the Accuser of the Nation who was a Lyar and a Murtherer from the beginning Lastly Judges at the first were to be Men hating Covetousness Exod. 23.8 Thou shalt take no Gift for the Gift blindeth the Eyes and perverteth the words of the righteous Oh the marvellous Power of Mony Oh powerful Guineas that work upon Men yea Men of Wisdom and Men that are Righteous stopping their Ears blinding their Eyes and hiding their Heads that they neither hear nor see nor act justly in a Cause and those Judges who will receive Bribes or may be dealt with or spoken to in their Chambers do not respect the Cause of the said innocent Person nor the Law but Gifts I might in this be large but enough if not too much because I speak to those who I hope detest and abhor all such vile Practices and may we be so happy as to have no corrupt Officers no pact Jury or any other who will receive a reward to pervert Judgment and get the day of their Adversary when his Cause is more righteous then theirs thus much I have ventured to say of Judges as at the first in general a word or two of Judges as at the first in reference to this Nation in particular 1. Then Judges as at the first must be lawfully Constituted being Commission'd by the Sovereign Power and their Commission extends to hear and determine all Causes between Party and Party and also between the King and the Party depending to Acquit or Condemn all such Prisoners as for any Offences against their Majesty's Crown and Dignity shall be brought before them So that their Commission is large and absolute they having Authority by Vertue of their Commission as in the Person of our Sovereign to judge in Causes that do concern the Life and Death of the Subject And all this that Justice may by them receive a full sound and perfect Execution Now note they are to act as their Commission saith the Lord Coke doth appoint limit and command We then says he the Justices of Assize and Goal Delivery