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A29123 A sermon preached at the minster in Yorke at the assizes there holden, the thirtieth day of March, 1663 / by Thomas Bradley ... Bradley, Thomas, 1597-1670. 1663 (1663) Wing B4138; ESTC R34267 29,067 58

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the weather and so they are munimenta for defence thirdly for comelinesse and decency and so they are ornamenta for ornaments and as cloths are all this to the body so are all vertues to the mind and such was justice and judgement to Job and is to every worthy Magistrate from hence arise's this point or Observation Obs 1. That it is the great duty or office of great Princes Rulers and Magistrates to execute Justice and Judgement unto the people Our Lord Jesus Christ the fountaine of Honour and Power from whom all Kings and Princes derive that power which they have accounts it his great honour and office to execute Judgment and Justice for of him doth the Father say Faithfulnesse shall be the cloathing of his reins and righteousnesse the girdle of his loynes and when his titles of Honour are reckoned up Isa 9. this is not the least of them that he shall sitt upon the Throne of David and upon his Kingdom to order to establish it and to execute Justice Judgment for ever w h by these his Deputies Vice-gerents he does to this day and what greater Honour Power and Trust can be committed to them or how can they better lay out themselues then in the faithfull discharge of it it is the very object of their calling the summ and substance of their duty the end why God hath exalted them above other men anoynted them with the oyle of honour above their Fellows put a greater measure of his Spirit upon them stampt a clearer impression of his Image upon them that so they may rule with the greater Authority and the people submit unto them with all that due reverence and obedience that belongs unto them And as it is their great duty to administer Justice and to execute Judgment unto us so it is our great benefit that God hath appointed such an Ordinance among us and given such power unto men for the good of us all without it what would become of us without it what would become of our liberty our property our peace our security which of us could call any thing our own or secure our selves of our lives for one hour it is by the execution of Justice and Judgement that we live it is by the benefit of justice that we enjoy any thing we have that we sit every man quiet under his own Vine and his own Fig-tree and eat the fruit of our labours Oh therefore blesse God for Government for the administration of justice and judgement amongst us Pray for them to whom the power is committed to execute it give them all encouragement that they may do it with chearfulnesse and shew your thankfulnesse to them by yeilding all due reverence and obedience to their just commands And so I passe from the Office to the Honour from the Duty to the Dignity of the Magistrate intimated in those Ensignes of honour which he wore the Robe and the Diadem My judgement was as a Robe and a Diadem It aprears by this expression that in those times and those parts of the world scarce yet throughly civiliz'd yet they had Government they had Magistrates among them not only reason but nature it selfe taught the necessity of them inasmuch as in all Nations though otherwise never so barbarous the use of them was taken up It appears further that when they went forth to fit in the Gate or upon the Bench or the Throne to execute judgement they were clothed with garments of honour and wore such Ensignes of Authority and power as might well become the dignity of their Office and Calling so we read of King Priamus Hoc Priami gest amea erat cum jura vocatis More dabat populis Virgill in the 8. of his Aehids These Robes did Priamus wear when he gave Lawes and administred Justice to the people and when Solomon gave judgement we read that he sate upon a magnificent Throne and was clothed with royall Robes and ornaments answerable to his royal State 1 King And this is necessary first for State and Dignity when God had called Aaron to the honour and office of the high preist he commanded Moses to give direction for the making of him rich garments the richest that could be made both for the materials and the workmanship for the materials they were to be of Purple and fine Linnen Gold and Silver and precious stones and for the workmanship it was of Embroidery and that so curious that the world did not afford men cunning enough to work it but Almighty God did endue two chosen men Bezaleel and Aholiab with a special and extraordinary spirit for that purpose and when all was so done the Lord tells us that this was the speciall use of them they were to be made for Aaron for Beauty and for Glory Exod 28.2 Secondly They were for distinction as for beauty and glory so for distinction God did not make the world levell at the first nor never meant it should be so and although he made all men of one mettle yet he did not cast them all in one mould he hath made some high and some low some rich and some poor some to command and some to obey upon some he hath put a greater measure of his Spirit then upon others some he hath endued with extraordinary gifts above others gists of wisdome understanding and knowledge whereby he hath fitted and enabled them for high Callings Offices and Employments above others and as there is this internal difference between one man and another so it is agreeable to reason that there should be some visible ensigns of it whereby it may outwardly appear to others nature it selfe hath taught a difference and distinction of men one from another and even in this Kingdome before clothes were in use any more then such as the Inhabitants clothed the nether parts of their bodies with and they were the skinns of wild beasts they did visibly declare a distinction among themselves by the painting of the upper parts of their bodies hence those that were acknowledged for Primes among them and great men bore in the painting of their bodies one the Sunn another the Moon another the picture of the Lyon another the Eagle and so of other creatures from whence our great English Antiquary conjectures that this Island took its name to be called Brittania from the ancient Brittish-word Brith which signifies Painted and the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a Region or Country as if he should say Regio pictorum the Region of painted men Upon this account is it that Kings have their Crowns Bishops their Mitres Nobles their Ermins Judges their Robes and we of the University our severall Hoods and Habits according to our Degrees for Dignity and distinction Thirdly That their very presence may strike an awfull reverence in those that are to be governed by them Cultus magnificus addit hominibus authoritatem says Quintillian Institut lib. 1. They speak Majesty Power
diligence and Prudence in searching out the truth if you consider these four things REASONS 1. That truth oftentimes lies deep veritas in profundo as Democritus involuta latet in alto as Seneca to the same purpose it lyes implicated inveloped and perplexed with many foldings windings and turnings clouded with many mists of error and falshood so that he had need of Lynceus's eyes to pierce into the bottome of it or Ariadne's thred to lead him to the secret where it lies 2. Innocency is often charged by false and unjust accusations with crimes which none is guilty of but the accusers themselves they laid to my charge things that I knew not how hard a case was that of Naboth that he did suffer and of Susanna that she should have suffered upon such false and unjust suggestions and accusations 3. And as innocency is often aspers't with false and foul accusations so guilt is often painted with a fair face and coloured with specious pretences of innocency in either of which cases for a man to justifie the wicked or to condemn the just he renders himselfe equally abominable in the sight of God 4. Informations are various for the most part partiall sometimes false that of Ziba 2 Sam 16.2 nay which is worse and fearfull to speak of oaths themselves oftentimes not to be trusted to how many such have somtimes been found to crosse shinns and point-blank to crosse and thwart one another insomuch as it were enough to puzzle the wisest men and to make them at a stand and not know which way to turne themselves in giving judgement when from the evidences themselves they can take no certain light in such cases how exceedingly doth it stand them upon to use all diligence not only by examining witnesses but observing circumstances comparing testimonies casting in Quaeries upon the by and by all the wayes and means they can devise in the cause that they know not to search out the matter but Euphormio was out when reading Lectures of Philosophy and seeing brave Hanniball coming into his Schoole diverted his discoutse and fell upon reading a Lecture of Martiall Discipline and to shew how to martiall an Army how to draw it up into a body how to cast it into severall formes for the better advantaging of it it selfe and dis-advantaging of the enemy c. and so should I if I should take upon me to discourse of such a subject as this is in such a Presence And therefore I passe from this part of the Character to the next and last part of the Character of a worthy Magistrate and that is His courage in executing of Judgement upon the greatest stoutest Offenders in these words I brake the jawes of the wicked and pluck't the prey out of his teeth And the words follow upon the last going before in a very good method thus He saw the poor oppressed wrong'd and injured by those that were great and mighty and stronger then they from whose violence they could no way defend themselves and so neither save themselves from wrong nor right themselves being wronged here Joh. as a worthy Magistrate 〈…〉 on justice cloath's himselfe with judgement as with a Robe and a Diadem sits him down upon the Throne or Seat of justice calls the Parties before him hears their complaint examines the businesse and the cause that he knew not he searches out and having found the truth of it and their complaints to be just with great courage and magnanimity well becoming his place he falls upon Offenders the stoutest of them and executes judgement upon them first by plucking the prey out of their teeth and causing them to make restitution and satisfaction for the wrong they had done and secondly by breaking their jawes that they should doe so no more and so he became a father to the poor here take up this Observation That 't is execution of Justice and Judgement that is the protection of the innocent terror to the nocent and offenders and that keeps the subjects in order and in peace He shall sit upon the Throne of David saith the Lord Isa 9.7 What to doe not to sit there in state and majesty for the subjects to looke at him and no more but to execute justice and judgement that 's the end of his power and greatnesse 'T is not the making of good Laws but the putting of them into execution that must preserve the peace of the Lands without this what are the Lawes though never so good but dead Letters Inke and Paper inanes bullae vaine scarr-crowes which soon come to be despised and troden under foot and render the makers of them ridiculous 't is execution that is the life of the Law without it the Magistrate bears the sword in vain But we come to the Offenders upon whom he executed this judgement and the crimes for which The offenders were great Ones great Oppressors men of power which notwithstanding they did abuse to the crushing of those that were under them and therefore compar'd to wild beasts ravenous beasts beasts of prey Lyons Bears Wolves Tygres which teare and devour the smaller Cattle that they seize upon and such cruell devourers indeed there are amongst bruitish and unreasonable creatures the Fishes the Fowles and the wild beasts but amongst men and reasonable creatures t is strange that any should be found so unreasonable so bruitish yet as strange as it is it is too true and too cōmon Homo homini Lupus Leo Tygris Daemon one man is even a divell to another more cruell then those favage creatures biting and devouring one another at St. Paul expresses it Gal. 5.15 Eating up my people as they would eat bread as God himselfe speaketh of them and therefore in executing justice upon them he is said to break their teeth and to smite the jaw-bones of them Psal 3.7 Thou hast smitten all mine enemies upon the jaw-bone thou hast broken the teeth of the ungodly just in the language of the Text here I brake the jawes of the wicked and pluck't the prey out of their teeth Where he maketh mention of two sorts of instruments of cruelty and oppression teeth jawes by the teeth meaning those fore-teeh with which they lay hold bite and tear off the flesh and by the jawes the double-teeth that are in the innermost part of the jaw-bone with which they grinde what they have gotten into them that so they may devour it called here molares grinders by which Job seems to discover two sorts of Offenders first Biters secondly Grinders by the teeth he intimates unto us the Biters and by the molares in the jawes the Grioders and there are of both sorts but too many to instance in some of each sort First The Usurer he is a Biter from it he hath his very name Neshek in the learned Language signifieth Usury and it is derived from Nashak which signifieth to bite so he is most properly a Biter where he layes hold he
and piety were but hypocrisie and certainly he was all this while but a wicked man and now God had found him out and punish't him for it nay to lay his accusation the more close and home they fall to instances and charge him with particulars clean contrary to these vertues that here he mentions Thou hast taken a pledge from thy brother for nought and stripped the naked of their cloathing thou hast not given water to the weary to drink and thou hast witholden bread from the hungry Job 22.6 7. In such a case of calumny can any man blame the good man if he do insist more then ordinarily in his just vindication by putting in his just defence against their unjust allegations for the clearing of his uprightnesse innocency and integrity as in the Text Where by the way let us take up this Observation Obser That there 's not the wisest the justest nor the uprightest Magistrate that can with all his integrity justice or sincerity free himselfe from the calumnies and obloquies of wicked and unreasonable men Was there ever a juster Magistrate then Moses was that governed the people by immediate direction from God himselfe yet how often do we hear that unthankfull people murmuring against him and against Aaron many times were ready to stone them what do we thinke of Solomon the wisest of the sonns of men Jedidiah the beloved of the Lord who had the priviledge to ask at the hand of God what he would and had what he ask't a spirit of wisedome and understanding that he might wisely go in and out before the people 1 Kings 3.5 yet what grumblings and murmurings of the people were there under his governement in what a mutinous manner doe they come to Rehoboam the young King with their seditious petition 1 Kings 12.4 Make our yoke easier and our burthen lighter thy Father made our yoke grievous and our burthen heavy belike the had charged them with some Carts and Carriages to fetch home some of the materialls that were for the building of the Temple or required some Contribution toward the charge of that great work and oh what a grievance this was make thou our yoke easier and burthen lighter So when Kings and Princes and great Magistrates have done their best and laid out themselves with their utmost endeavours for the good of their people and made it their very study and their businesse to preserve their peace and to guide them with a faithfull and a true heart and to rule them prudently with all their power This is the thanks they have from unworthy people to be clamour'd upon to be charged with Tyrany oppression and cruelty if any thing be amisse in a whole Kingdome if all parties be not pleased which is impossible presently they fall upon the Rulers and Governours not sparing the highest when God knowes the cause of those distempers are in themselves 2 Sam 24.1 we read that God was angry with Israell and he moved David to number the people here was a great judgement in the Land it swept away in three dayes threescore and tenne thousand of the Subjects marke how this plague took its rise it was in the people God was angry with Israell and he moved David to muster the people his anger was not against David but against Israell 't was the cold of the feet that strucke up to the head and caused that distemper But let not Kings nor Magistrates be discouraged in the execution of their Offices and performance of the duties of their High-calling for all this let them not thinke the worse of themselves for the obloquies of those mutinous tongues that speake evill of them but let them remember they are under the care of him that is able to deliver them from the strivings of the people and under the protection of that mighty power which is able to still the raging of the Sea and the madnesse of the people as raging as it is when they set a madding and will subdue the people that is under them Psal No man could have greater discouragements and affronts then this holy Ruler had yet the more they opposed or resisted the greater courage did he take unto himselfe to suppresse their insolencies for which purpose He put on Justice and it clothed him and his judgement was as a Robe and a Diadem c. In which words we have a perfect Character of a worthy Magistrate a Prince a King any in high place and power to execute judgement and it consists of four Parts 1. His love to Justice with his zeal care and conscience duly to execute it in the 14 verse I put on Justice and it cloathed me and my Judgment was a Robe and as a Diadem upon me 2. His inclination to mercy compassion where he found stirr Objects for it in the 15 verse I was eyes to the blind and feet was I to the lame and a father to the poor 3. His paines and patience his care and diligence in examining of the Causes that came before him for finding out of the truth that so he might give judgment in them without error in the later part of the 16 verse The cause which I knew not I searched out 4. His courage in executing justice and judgment upon offenders when he had by diligent search found them guilty though they were never so great or never so insolent never so mighty I brake the jaws of the wicked and I pluckt the preyout of his teeth First He pluckt the prey out of their teeth by causing them to make restitution and satisfaction for the wrong they had done And secondly he break their jaws that they should do so no more Of these something in the order proposed as the time and businesse of the day will permit And first of the first part of his character in his love and care and zeal to execute Justice and Judgment exprest in the words of the 14 verse I put on Justice and it cloathed me and my Judgement was as a Robe and as a Diadem upon me In which words are exprest two things concerning the Magistrate first his Office secondly his Honour his Office in these words I put on Justice and it clothed me his Honour in these words my Judgment was as a Robe and as a Diadem in the former we have his duty and in the latter his dignity the former is intimated to us by this expression of putting on Justice and being clothed with it a metaphor which the Scripture much delighteth in Put ye on the Lord Jesus Christ Rom 13.14 Put on bowells of mercy Coloss 3. Put on the whole armour of God Ephes 6. so in the Text here I put on Justice and it clothed me intimating thereby that look what clothing is to the body that was Justice unto him Now we put on clothes for these three uses first to cover our nakednesse and so they are indumenta for a covering secondly to protect us from the injury of
we may if we please multiply instances enough in any kind of undertaking take one in that way which is proper for our discourse at this season in carrying on of a Suit in Law An honost man hath a Cause good enough he hath eyes good enough to see it and knowes the way of the proceedings and how it should be mannaged but he wants wherewithall he wants leggs first he wants a purse that 's one legg and secondly he wants power and friends to countenance his Cause that 's another legg and that must needs go hard with him when he wants both leggs if he had but one of them yet he would make some hard shift to hop or halte along or help himselfe with a Crutch or a wooden-legge or rather then fail a silver-legge I have heard of such but when a man wants both that must needs go hard with him and such were the impotent which Job reliev'd in the Text I was limbes or leggs to the lame he speaks in the plurall number Now in such a case for a compassionate Magistrate to lend a Hand a Crutch a Legg or any thing to a helplesse lame man is certainly an act of pure mercy and charity or if he will not lend a legg to the man yet to lend a legg to his Cause and to his proceedings in it that it may goe on with expedition and be brought to some issue in some time and not hang in suspence and be delayed from time to time by new motions and orders writs of error devices to carry it out of one Court into another till they tyre out a man at a long runnning for want of leggs to maintain his course You know the story of the impotent man in the 5. of John which lay at the Banks of the Bath or Poole of Bethesda so many years at certain times there came an Angell and moved the waters of the Bath and then whosoever stept in next had certain cure of his infirmity whatsoever it was this poor man had lay'n under his infirmity 38 yeares how many of these he lay at those bankes expecting cure we cannot tell perhaps most of them and yet for want of limbes to help him into the water when it was stirred still he was carried backe as he came without cure perhaps you would be angry with me some of you if I should make an allegory of this and apply it by way of allusion to the method of your proceedings in your course for the relieving of such impotent creatures as come to you for cure in their severall necessities if I should compare that Bath to some of your Courts soeveraigne enough for their cure if they could but seasonably get into them or when they are in get out again the stirring of the waters to your active proceedings in them the impotent man lying on the bankes to the poor Clyent his long lying there toyour long detaining of him without relief without dispatch it would suit but too well in all the parts of it for there shall you have a poor Clyent attend from Term to Term from year to year and for well nigh as many years as this impotent man did and yet what for want of the Angells to stirre the waters or of limbes to help him in when they are stir'd or out again when he is in still he comes back again as he went without the cure he hoped for a great disparagement certainly though not to the Law yet to the proceedings in it and a great grievance to the subject that the Sunne shall travail twenty times between the Tropicks too and fro and he many times twenty as far as will take in many of the paralells for relief and yet can bring his matters to no issue where the tediousnesse of the journeyings adds no small aggravation to the tediousnesse of the delay and expectation Certainly this one consideration is much for the justification of those worthy Patriotts in this Kingdome that lay out themselves in their endeavours for the resurrection of that Ancient and Honourable Court of a Presidentship here once established in these Northern-parts the reasons for which are as strong and as many now as ever they were and that with some additions In the flourishing Kingdome of France there are eight such Courts they call them Parliaments thogh from any of them there may be an Appeal to the grand-Parliament at Paris yet these are eight standing Courts of great Honour and Authority erected in so many severall Provinces of the Kingdome for the ease of the Subjects that they may not be forc't all from the remoter parts of the Kingdome upon all occasions to come up to Paris and to travell so far for Justice as to make it dear of fetching for the same reason have there bin the like Courts of Justice erected here in England though not so many one of which is yet in being in the West and another was here in the North and why it should not be continued or restored I cannot imagine except it be this That as that great City of London the very belly of the Kingdome hath engros't unto it selfe all the Trading so that other her sister of Westminster would do the like by the Law and so make of them both two great Monopolies And so I passe from this sort of impotent people in the Text the lame though it be long first I had been more brief in this discourse if those whom it concern'd had been so in their dispatches The next sort of helplesse people in this Spittle in the Text and quarter'd in the next room are the poor and to them Job tells us he was a Father ver 17. Here we are to consider first the object of his charity and compassion they were the poor secondly his charity cōpassion toward them exprest under the notion and relation of a Father As to the first well did the Lord know that what through the oppression covetuousnesse and cruelty of some what through the idlenesse ill-husbandry prodigality and improvidence of others there would be allwayes some poor in the Land as our Saviour tells us Math. 26 11. The poor you shall have allways with you and therefore God hath mercifully provided for their releife In the Law there was a Tythe provided for them Deut. 14.29 that speakes home to us that receive Tythes and tells us that we are not to receive them all and altogether for our own selves we are not altogether Proprietaries but rather Usu-fructuaries of them in part though we have the best title to them and share in them yet they were not originally sett a part onely for our selves but partly in trust we receive them to have but not to hold we must distribute with one hand aswell as receive with the other by this very Law the equity whereof remaineth to this day and so far forth is Morall there is a share due out of them to the poor Secondly for the possessours of Fields and
many poor and blind and lame amongst us what would become of them if there were none to be eyes to the one limbes to the other and to the third as Faethers While there are so many Lyons and Bears and Wolves and Tygers amongst us ready to bite and to tear and to devour those that are not able to resist them what would become of us if we had not amongst us such men of wisedome and courage power and authority to break their jawes and to pluck the prey out of their teeth 2. The second thing is this the great happinesse of this Nation in the full fruition of this so blessed an Ordinance where we have so many Courts of Justice of all sorts erected amongst us and men of choise wisedome courage learning uprightnesse and integrity sitting in them unto which we may have resort at all times for justice and judgement upon all occasions where that promise made to the people of God upon their turning to him is made good to us Isa 1.25.26 And I will turne my hand upon thee and purely purge away thy drosse and take away all thy tinne And I will restore thy Judges as at the first and thy Counsellors as at the beginning the Lord hath thus gracioussy dealt with us and made this word good unto us he hath turn'd his hand upon us and purg'd away our drosse and taken away all our tinne and he hath restored our Judges as at the first and our Counsellors as at the beginning Blessed be God this day is this Scripture fulfilled in our ears this day doe we see it with our eyes That of Amos whether precept or promise or prophecy or what you will call it Amos 5 24. is this day the joy and rejoycing of our hearts where Judgment doth runn downlike water and righteousnesse as a mighty streame as water for the plenty of it and freedome to it and as a mighty stream for the conveyance of it through the land 't is true the fountain of it is at Westminster there 's the spring the well head but here 's the comfort of it it is not stagrum a standing pool Justice doth not contain it selfe within those bankes but it runns down as a stream as a mighty river like that of Nilus watering the whole Kingdome branching it selfe into many streams running East West North and South through all the Counties all the Countries all the quarters of the Land in the severall Circuits allotted unto severall learned Judges of the Land in which they with their Counsellors and Officers riding from County to County from City to City as so many streames convey justice unto us bring home Justice to our houses carry it to our very doors That which Moses speaks in the in the honor of the Isralites Deut 4.8 may truly be said in the honour of our Nation in the same respect What Nation is there so great which hath Statutes and Judgements so righteous as is all the Law that I set before you this day so what Nation is there under Heaven so happy as England is this day which hath Statutes and Judgemenst and Laws so righteous as we have and such choyce men for wisdome learning uprightnesse and integrity to administer Justice and Judgement unto the people according to them And this brings on the third Conclusion and that followes ex congrue 3. What thanks do we ow to God to the King to the Parliament and to all our Rulers and Governours for so great mercy blessings and benefits which under their Government and by the means of it we do dayly receive we owe to them our peace our liberty our security our property all the enjoyment of the good things we have here yea even our very lives 't is by Government and by the due execucution of justice and judgement that we live securely that we enjoy our peace and plenty that we sit every man quietly under his own vine and fig-tree and enjoy the fruit of our labours without it how soon would the Biters and the Grinders fall in upon us tear us in pieces and devour us when there was none to helpe Oh blesse God for Government cartainly of all the blessings that God hath sent down down from heaven to earth as to the things of this life there is none so great as this of Government therefore blessed be God that hath eastblish't Government amongst us and blessed be the King which with good Jeh shaphat hath taken care to send forth Judges and Officers to administer justice and judgement unto the people and blessed be the Parliament which hath made us Statutes Judgements and Laws so just so good so righteous to be govern'd by and blest be all the Ministers of true Justice amongst us which lay out themselves in their utmost endeavours to preserve our peace and protect us from wrong and voilence from the fury of the Biters and the Grinders that would devour us and now how shall we shew our thankefulnesse to them all but by praying for them by paying tribute unto them where tribute is due by yeilding all due honour and reverence to their persons all Subjection and due obedience to their Orders Injunctions and Commands which they lay upon us for our good this is the way to preserve our peace this is the way to continue our happinesse and to make our dayes long in this good Land which the Lord our God hath given unto us AMEN FINIS