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A62266 A sermon preached at the assizes in St. Maries Church in request of George Ashby Esq., High-Sheriff of the said county by Thomas Sawbridge, Vicar of Harstone, July the 25th, 1689. Sawbridge, Thomas, Vicar of Harstone. 1689 (1689) Wing S782; ESTC R37193 14,262 37

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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