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A45207 Judah's restitution A sermon preached before the reverend judges, Sir Christopher Turner Baron of the Exchequer, and Sir Richard Bernard Serjeant at Law. At the assizes begun at Yorke the 29 of July, 1661. By Jos: Hunter Master of Arts and Minister in Yorke. Hunter, Josiah, minister in York. 1661 (1661) Wing H3767; ESTC R203804 15,969 35

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quid retribuam what shall I render to the Lord for all his benefits Gods Restitution was free but ours is due and so much the more due because his was free Hezekiah is blamed for not rendring according to the benefit that he had received and wrath was threatned to all Judah Jerusalem for it 2. Chro 32.25 Let us therefore as the Apostle exhorts 13. Hebr 15. Offer unto God the sacrifice of praise continually that is the fruit of our lipps giving thankes to his name Let us take heed lest as Philip branded his souldier that beg'd the lands of one that had entertaind him kindly with ingratus hospes on his fore-head so God brand not us with the ignominious note of the unthankefull Nation 3 For Caution in the words of our Saviour Ioh 5.14 Behold thou art made whole goe thy way and sin no more Sin is a forfeiture of all Let none be offended if I bespeake this honourable Audience in the language of Samuel 1. Sam. 12.24 Fear the Lord serve him in truth and with all your hearts for consider how great things he hath done for you but if ye shall still do wickedly ye shall be consumed both ye and your King So much of the first particular what it is that is promised Restitution I will restore I come to the second a restitution of whom of Judges and Counsellours Who are meant by Judges Counsellours I have shewed you before I shall choose now to speak of them as taken in the stricter sense and give you this Conclusion That good Judges are a great blessing to a Nation Now there are severall Qualifications required to the Constitution of a good Judge 1. The good judge is carefull that he act nothing but by Commission from a lawfull Power or else I know not how he can answer that question Exod. 2 14. quis constituit te judicem who made thee a judge and a Ruler In our Nation all lawfull Authority is derivatively frō the King the potestas judiciaria the power of judging doth primarily belong to him it is one of his jura Regalia a Man therefore must have his Deputation to the Office of judge from him or else he is an intruder Submit your selves to the King as supream and to Governours as to them that are sent by him 1 Pet 2 13 if they have not their Mission from him there is no submission due to them 2 The good judge is just and impartiall in the distribution of justice When he puts on his Robes he puts off his relations to any This is indeed one of the primae qualitates that constitute a good judge to be no respecter of persons nor taker of gifts I have read of a notable story of Canusus Caussin in his holy Court who having examined twelve Theeves and condemned them one of them pleaded that he was extracted from royall bloud it is reason said the King some grace should be done to him let him have the highest gibbet And Caussin tels us that in Justinian's times judges used to take an Oath with a solemn execration an Oath to maintain Religion and justice according to their power with this execration that if they did corruptly The horrour of Cain Gen 4 13.14 2 King 5.27 Mat. 27.5 the leprosie of Gehazi and the portion of Judas might fall upon them You know what are the things that corrupt men in Office thy are bribes every one loveth gifts and followeth after rewards Prov 29.4 is our Prophets complaint concerning the corrupt Judges of Judah and although men keep touch stones to try gold yet gold certainly is a notable touch stone Mr. Fuller whereby to try men But now as the honest Woman preserves her chastity so doth the good Judge preserve his integrity and that is by giving no encouragement unto any to corrupt him He despiseth the gain of oppression and shaketh his hands from holding of bribes Isa 33 15 He will take no bribes himselfe and he detests that hypocrisie of the Mendicant Friers who will touch no money themselves but have a Boy with a bagge to receive it for them 3 We will conceive the good Judge when in the execution of his office divested of passion and his mind so clear that there is nothing to disturbe his judgement and having this command of his affections he can hear a simple witnesse speak impertinencies without impatience which if duely considered doth argue a great 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or strength of mind the good Judge hath so much judgement as to consider the Rusticity and homelinesse of common people in giving of evidence that they must be impertinent before they can be pertinent But however he exercise thus much patience towards a simple Witnesse yet he hath so much prudence as not to bear it in a professed Pleader he will not suffer a Lawyer with multitude of words questions in a plaine case to darken the cause consound the Jurie or puzzle the Witnesses 4 The good Judge is Couragious What need he to fear when he hath God and the King and the Lawes and the testimony of a good Conscience to bear him out if he do uprightly It is said of Cato and Fabricius that the Sun might sooner be stayed or altered in his Race than they in the course of Justice it requires a stout spirit to be thus steddie He had need to be a man of spirit that must neglect the displeasure and frownes reject the Letters and Suits of great men as Judges must doe if they would be as Cato and Fabricius Had not he need to be a man of courage that must as it often falls out with Judges maintain right against might had not he need to be of an undaunted spirit that must turne the wheel over the wicked withstand the inundation of prophaness and suppresse the Roaring Ladds that fear neither God nor man what was it that made Pilate yeild to the condemnation of Christ but his fear John 19.12 if thou let this man goe say they thou art not Coesars freind whereas a Coesar indeed such an one as our Coesar accounts it an abomination either to condemne the Innocent or to Justifie the wicked for a Reward 5 The good judge is not delatory He makes not a Trojan Seige of a suite but doth what he can to bring it to a speedie issue He thinkes it enough for one partie to lose the cause and therefore endeavours what he can to lessen the charges Lewis the 12th used to say delatory Justiciaries stretched the leather with their teeth Caussin concerning the practice of justice I have read a notable story taken as my Authour saith out of the Chronicles of Alexandria concerning one Theodoricke King of the Romans Juvenalis a widow having a suit depending in the Court three years which might have been dispatched in a few dayes makes her complaint to the King he demanded who were her Judges and sent to them to