execute Judgment between a Man and his Neighbour If ye oppress not the Stranger and the Widdow and shed not innocent Blood in this place then will I cause you to dwell in this place in the Land I gave to your Fathers for ever and ever the same is repeated Cap. 22. with this promise v. 4. For if ye do this thing indeed then shall there enter in by the Gates Kings sitting upon the Throne of David riding in Chariots and on Horses he and his Servants and his People but if ye will not hear these words I swear by my self saith the Lord that this House shall become a Desolation To name no more this is the last Remedy this is the only way to stop or retard an impending Judgment Jer. 5.1 Run ye to and fro through the Streets of Jerusalem and see now and know and seek in the broad places thereof if ye can find a Man if there be any that executeth Judgment that seeketh the Truth and I will pardon it And that de facto this is true is observable of all Ages and People God ever rewarding that Nation with Prosperity which was careful to observe public Justice as was eminent in the Government of the Romans who as St. Austin observes were recompensed to their keeping Faith and doing Justice and to the Jews God himself appears as to the Truth of the Proposition viz. That the due Execution of Justice very much tends to the good and welfare of a People Jer. 22.15 Did not thy Father eat and drink and do Judgment and Justice and then it was well with him He judged the Cause of the Poor and Needy then it was well with him So much good or so much evil do good and evil Judges bring upon a Nation 2. 'T is evident that good Judges do promote the Interest of a Nation from the End Office and Authority of Judges The End and Office of a Judg is to preserve Public Peace to see that no Man suffer Injury that every one enjoy his own they are for the praise of them that do well and the punishment of them that do ill now if the Judges be corrupt or negligent in their Places Virtue will be discouraged and Vice grow insolent and the Manners of Men grow dissolute and licentious and the whole Nation in a short time be disorder'd and come to Desolation For where the Magistrate fails in his Duty and is corrupt Great Men will soon presume of Impunity and mean Ones by their Example will be trampling upon Authority and then a Nations Case is like that of the Jewish Anarchy every one will do what is right in his own Eyes Judges and Magistrates as well as the Supreme Powers are ordained not for their own sake but for the Peoples Safety that they may have those to whom they may always resort and upon whose determinations they may depend in all their Difficulties and Necessities and to this end and for this very purpose hath God granted the Power and Authority and for this Cause we reverence them yield them Honour and pay them Tribute because they are Gods Ministers for our good and are continually attending on this very same thing hence have they those Appellations of Fathers intimating that all good Magistrates should have a Fatherly Care over and bear a Fatherly Affection unto those that are under them they are also termed Shepherds both in prophane and sacred Writ and ought to feed and defend their Flocks and do that to the State which David did to his flock not suffer the Lyon or Bear to take or hurt one poor Lamb amongst them Indeed this is a Duty we all owe to our Neighbour but Judges and Magistrates are more especially obliged to use the utmost of their Power to let no opportunity slip of helping those to right that suffer wrong to stand by their poor Neighbour who by Great Rich or Covetous Men are oppressed to protect them from Injuries and to deliver them out of the hands of such as are too Mighty or too Crafty for them endeavouring by force or fraud to deprive them of their Lives or Livelihoods even such good Judges shall judge the People according to Right and defend the Poor they shall keep the simple Folk by their right defend the Children of the poor and break in pieces the Oppressor In a word the Magistrate is placed on high on purpose to take notice of the Actions and Demeanors of others and to censure them and nothing less then a sincere and constant Adminstration of Justice will add weight to their Words win Awe and Esteem to their Persons preserve the Authority of their Places put Life and Activity into their Spirits and enable them chearfully to do the Work of their Calling and thereby render the Prince and People Happy there being for want of Justice no complaining in the Streets And 3dly This is evident from the contrary nothing tending so much to the Ruine of a Nation as corrupt Judges who soon loose that Authority and Esteem which is due to their Places for can those Magistrates Condemn Injustice in others of which they are so notoriously Guilty themselves and when the Magistracy is contemn'd the Prince by whose Authority they act is not much valued and the Government is unhinged stands loose and tottering and ready to be dissolved upon every Discontent You know the Elders of Israel thirsty after a Change of Government but durst never attempt it till the Sons of Samuel by turning aside after Lucre by taking Bribes and perverting Judgment gave them too fair an Opportunity to move it and I could easily shew what Evils have ensued upon the like occasions in other Nations To conclude in general the Benefits of good Judges are such and so many that no Nations can be happy without them These are they which repress all Disorders protect the Innocent keep Peace uphold the Kings Throne and turn away Gods Judgments from a Nation and now what is said of good Judges in general is eminently true of this Nation in particular as may appear from the Nature of our Government and the Laws we are to be govern'd by We of this Nation are under such a happy Constitution that whatever is bad in all Governments is excluded this of ours and what is good is included in it For tho we are govern'd by One yet 't is by Laws made Authoritate Parliamenti the Legislative Power being in the King Lords and Commons And the Essentials of this Government are these two That no Law can be made or repeal'd or totally dispens'd with but by this Power and That the Kings govern according to the Laws they have made and therefore as we swear Allegiance to the Prince according to Law so the Prince also ties himself by Oath to govern us by Law now if the Judges act according to Law as by Oath they are bound no Subject can be much injur'd and in this Sense I humbly conceive is to
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
and to live in Communion with it yet assure your selves ye shall do eminent Service to God to their Majestys to the whole Nation and in a great measure contribute to her Peace and Safety if ye in your several Stations by your Grave Speeches and Pious Example shall in public and when occasion is offered make it your business earnestly to recommend the Wellfare Order and Constitution of this Church as that which is agreeable to the Scripture and the Practices of the purest Ages in the Christian Church as that which has been look'd upon and has proved the main Bulwark of the Reformation against Popery in all Ages and therefore is that against which Rome hath ever so bitterly inveigh'd and by Power and Fraud laboured to overthrow as that which best suits with the Civil Government neither encroaching upon the Kings Prerogative nor the Peoples Liberty as happens both from the Popes Supremacy and the Kirks Independency no Cannon can be made in England but by the Consent and Authority of the King nor any so made is of force if contrary to the Laws of the Land as that Constitution which is most agreeable to the Genius of the Nation and Temper of Englishmen there being no other sort of Church Government so well pleasing to the generality of the People as this for whatever Constitution of all the contending Parties of this Nation should chance to get uppermost it would have more Enemies then this has and so unless we would have none and nothing but Confusion we ought in Point of Prudence to stick to this for tho it hath had and Oh! still hath many and great Opposers yet hath it kept its ground nor could all the Force and Fraud of Rome quite overpower her For this Church which regularly shoke off the Roman Yoak watering the infant Plant with he Blood hath for above a hundred Year been upheld by the unwearied Pains and great Learning of the Prelatic Party nor can the World shew such strength of Argument and Solid Confutation of the Church of Rome's Works as in the Writings of the Church of England Men again that 't is a Constitution capable of preserving it self not pragmatical like the Conclave or Consistory to Arraign Kings and States and make the Assembly or Conclave above the Parliament Yet her Superiors have by Law an undoubted Right to be present at those Debates and the making those Laws which concern the good of the People and so in a great measure able to provide against any that attempt her Ruin again as that Constitution which is not only good at home but prais'd and admired by all Foreign Churches abroad as the Honour as well as Defence of the whole Reformation And Lastly as that which hath secured to us our Laws Liberties and Lives these being the Men who dared to oppose tho modestly the Dispensing Power and would not yield with the Trimmer nor be wheadled with the Dissenter to set up Popery and Arbitrary Power and therefore I hope every good Magistrate and considerate English-man tho they bear with the Infirmities of the weak where such are will yet have an Eye to all those who have any ill will at Sion and such as watch to break down all our Carved Work with Axes and Hammers that labour with might and main to render the Church of England odious in the Eye of the People and with both hands cast Fire into the Sanctuary endeavouring by ill and untoward Speeches to alienate the Hearts and Affections of the People from the Church of England and to raise Scandals upon all that at this day shall speak or write in Her just Defence loading the Conformable Clergy with Contempt and as far as they dare exposing them in all Companies as well knowing if they can but eject the Shepherd or dress him up in a Wolves Skin the task is not great the whole Flock being then an easiy Prey but I hope we have Judges as at the first and the King will have Counsellors as at the beginning then who will say that we want any ordinary and legal Security to make us Happy Oh! may all our Magistrates prove such and may we all act and live as they direct us Then may this Nation again take root downward and bear fruit upwards then may Ireland be reduc'd and the Monsieur tremble and we be happy at home and feared abroad Oh! may we thus live under the Protection of a Wise and Just Government eating the Fruit of our Labour Oh! well are we and happy shall we be yea happy are the People that are in such a Case To that end and for the continuance of these his Mercies let us in the words of our Church in the Homily for Obedience heartily thank God for his great and excellent Benefit and Providence concerning Kings let us pray for them that they may have Gods Favour and Protection that they may ever in all things have God to be their Guide let us pray that they may have Wisdom Justice Strength Clemency and Zeal to Gods Glory the Good of Christian Souls and the Commonwealth let us pray they may rightly use their Sword and Authority for the Maintenance and Defence of the Catholic Faith and of their good and honest Subjects and let us pray for our selves that we may be godly in Holy and Christian Conversation and so shall we have God on our side and then let us not fear what Man can do unto us so shall we live in Obedience both to our most Merciful King in Heaven and to our most Christian King on Earth so shall we please God have Peace of Consclence Rest and Quiet here and Eternal Bliss hereafter Which he grant us all who was delivered to death for us and is now set down at the Right hand of God in Heaven FINIS