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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
expedite her Cause which they did in two dayes After they had done Theodoricke sends for them again as they thought to applaud them for their expedition being come he asked them what was the reason they defer'd that for three years which they could dispatch in two dayes they made no Apologie that I read of for their deferring for it is likely they had none to make but they said they had made such speedy dispatch upon his speciall recommendation How said the King when I put you into Office did I not consigne all Pleas and proceedings to you and particularly those of widows you deserve death for spinning out a businesse three years which might be drawne to a period in two dayes and so commanded both their heads to be smitten off I cannot stand to adde colours to every lineament of a good judge Let it suffice that I only point at the rest 6 The good Judge is a special Patron of Widowes and Orphans and therefore takes speciall cognizance of their actions for fear there should be any corruption in their Advocates This is God's high Style psalme 68 5 A Father of the fatherless and a judge of the Widow is God in his holy habitation For this it was that God was so much incensed against the judges of Judah They judge not the fatherlesse neither doth the Cause of the Widow come before them 7 Mercy is a necessary qualification of a good Judge They say a Butcher may not be of the jury for Life Death much lesse should such an one sit as judge The good judge therefore so far as he may with safety to his Conscience remits of the rigour of the Law especially where indulgence may work amendment He insults not over Malefactours with opprobrious and taunting language be their crimes never so foule but takes occasion from thence to pity the depraved nature of man which is subject to such Exorbitances He pronounces not the sentence of condemnation without great commiseration and is careful that they who are not worthy to live may by the instruction of some able Minister be the better fitted to dye that however the flesh be destroyed the spirit may be saved in the day of the Lord Jesus 1 Cor. 5.5 8 The good judge is not Gallio-like Acts 18.14 carelesse in things that do concern Religion He considers that his Majestie is Custos utriusque tabulae and hath by Deputation made him so too Lastly The good judge is a good Man One that feareth God and escheweth evill of such uprightnesse integrity that his Conversation is exemplary to all inferiour Magistrates One that keeps a judicature within his own breast and daily tryes all his actions in the Court of Conscience One that makes consciene of his duty towards God as well as the King remembring that account he hath to give ere long to the judge of all the earth One that is devout in his Closet strict in his Family and thinks himselfe as honourable with his Train waiting on him to the Church as to the Court. In a word one so pious just charitable temperate and free from vice that he doth as much good by his example as by his Authority Thus I have shown you who is a good judge and let none think that I have extracted this out of Sir Thomas Moore 's Utopia and given you the description of a man that never was nor ever will be you may take Iob for a proof president of all that I have said Iob 29 11 Now that judges that are thus good must needs be a great blessing to a Nation is not very necessary to be proved I know you have in your owne thoughts prevented me that I need say nothing Both the time and the matter do now require that I should direct my speech unto you my Lords Gentlemen for whose honour as well as instruction this Exercise is observed I beseech you therefore as Paul once did Agrippa Acts 26 3 that you would hear me patiently I confess I am every way one of the least of the Sons of my Mother and should scarce have seen your Lordships for the Crowd had I not been set up in this Sycamore Tree but now I have the honour not only to be your Spectatour but your Monitour I will only premise two things to that which I have to say The first is this that I speak any thing in this kind is more because it is become customary than because I think it necessary The second is that determination of the School-Men who say that an Angel of an inferiour Order may inflame but cannot illuminate an Angell of a superiour Order this is the utmost that I aime at to erect your Zeal I presume not to add to your knowledge This being premised I shall dispatch what I have to say in three Words 1 My Lords and Gentlemen you know what a strict Proclamation his Majesty out of his Princely piety not policy hath set out against Vicious Debauched and Prophane Persons and yet iniquity seems to abound this calls aloud for your observation and regulation As I would not have them who have been accounted the King's foes to sleight his promises so nor those that are desirous to be reputed his friends to neglect his precepts Piety and Loyalty are as consistent as God and the King Cursed be he that goes about to set them at variance I acknowledge indeed that you see most what with other mens eyes and cannot punish abuses unlesse you see them without complaint and information from others yet verily the prophanenesse of some men is such that they declare their sin as Sodom they hide it not Isa 3.9 and what men do not seek to hide you may see if you will To passe by drunkennesse swearing and such like how common is the prophanation of the Lords-Day however God may seem to winke at it yet he takes notice of it and will not suffer it that we should so far entrench upon his Royaltie as to make his Day either a day of businesse see Trap on John 21 1. or a day of pleasure Very strict were they in the observation of this day in the primitive times for when the question was put annon observâsti diem dominicum hast thou observed the Lords day vid. Ignat. Epist 3. ad Magn●s the answer was returned Christianus sum intermittere non possum I am a Christian I may not do otherwise But now nothing more ordinary than for those that call themselves Christians to neglect the observation of it It concerns you that are in Authority both by your examples and injunctions to suppresse this inundation of impiety or else it will endanger to bring upon the Nation great wrath It is true God hath mercifully and miraculously restored us but remember what Ezra once said Ezra 9.13 After thou hast given us such deliverance as this should we again break thy Commandements wouldst thou not be angry with us till thou