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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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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
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