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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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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