A SERMON Preached at the Assizes in St. Maries Church in Leicester At the Request of George Ashby Esq High-Sheriff of the said County By Thomas Sawbridge Vicar of Harstone July the 25th 1689. LONDON Printed by T. B. for Francis Ward Bookseller in Leicester and are to be Sold by R. Taylor in London 1689. A SERMON Preached at the Assizes in St. Maries Church in Leicester c. Isaiah the 1.26 And I will restore thy Judges as at the first and thy Counsellors as at the beginning afterwards thou shalt be called the City of Righteousness the faithful City WHat was but here promised to the Jews is thanks to the Divine Providence and the Care of our Gracious King and Queen as we hope in a great measure granted to us of this Age and Nation and of this Scripture may I use the words of our Saviour concerning another Part of this Prophesy this day is this Scripture fulfilled and that not only in our Ears but to our Eyes we at this time beholding the happy Instruments of our Reformation restoring to us our just Laws and Liberties even such Judges as were at the first as well as such Counsellors as were at the beginning and therefore have good ground to hope our City shall become Righteous and a Faithful City that we shall be a Nation beloved of God and protected by him and that in return thereto we act and live as those who prize these Mercies and live up to those great ends for which God hath done such great things for us already whereof we rejoyce and not the least for this of the Text that we have our Judges as at the first and Counsellors as at the beginning From which words to adapt my Discourse to the Time and Persons present I shall consider 1. A Truth imply'd That the welfare and happiness of a Nation and particularly of this greatly depends upon the having good Judges and wise Counsellors 2. I shall consider what is meant by Judges as at the first and Counsellours as at the beginning 1. That the Prosperity of a Nation very much depends upon its having good Judges and good Counsellors As to the last I shall not discourse at this time only this that since the Wise man tells us In the multitude of Counsellors there is safty and where there is no Counsel the People fall that without Counsel Purposes are disappointed and that no great thing is to be taken in hand but with good advice 'T is a happiness to a People where their Prince maketh choice of and is advis'd by wise Counsellors since for want thereof things are not seldom carried on at a strange rate and meet with a Fate answerable to such rash and unadvised Undertakings And did I think it convenient I want not matter to enlarge on this Point as to this Nation but 't is needless since for the want of such Counsellors or rather having liv'd under such a one as the Wiseman mentions Whose way is right in his own Eyes hath not hearkened unto Counsels we are sufficiently convinc'd of this Truth And so I pass on to the other Part of the Proposition Judges as at the first and that first in general good Judges do highly promote the Interest of a Nation 1. From the Justice of Divine Providence when Justice is acted and Judges act justly when neither Bribery nor Injustice Oppression nor perverting of Judgment are in a Nation God hath promised yea granted Security to such a People and this I might make evident in that all Gods promises are conditional and that as to National Concerns and Public Blessings we can have no assurance of the enjoyments of Prosperity but by the living up to the Rules of our Profession and that 't is righteousness that exalteth a Nation That justice and righteous Judgment are commanded and commended in Scripture I hope none will deny and in this Sence our Case is like that of the Jews in the days of Samuel If we shall still do wickedly we shall be consumed both we and our King and particularly in the case of doing Justice and executing just Judgment the Scriptures are plain since this hath stop'd and removed Judgments and the want thereof caus'd God to deal severely with his People Of many such places I shall beg leave to remind you of some few Deut. 16.18 Judges and Officers shalt thou make thee in all thy Gates and they shall Judge the People with just Judgment Thou shalt not wrest Judgment thou shalt not respect Persons neither take a Gift that which is altogether just shalt thou follow that thou mayest live and inherit the Land which the Lord thy God giveth thee No security of a Nations Prosperity like the due and impartial executing of Judgment and Justice Justice which at once adorns and upholds the State Justice that Establisheth the Throne and exalteth a Nation Justice that Bond and Ligament of Society which holdeth the Building all together So that there is no surer Symptoms of a decaying State then the want of due Administration of Justice and when good Judges are turn'd out we may say as Elisha said of Elijah Ah the Horses and Chariots of Israel yea as if the Ark it self was gone the Glory of Israel is departed hence the Prophets term'd such Times evil Times and such Crimes Crimes of a high and provoking Nature Amos 5.12 13. For I know your manifold Transgressions and your mighty Sins they afflict the just they take a bribe and they turn aside the poor in the gate from their right Therefore the prudent shall keep silence in that time for it is an evil time Alas Alas What can that Nation expect where such Judges are or what can they do to avert those Judgments they feel or fear or have any hopes of being happy unless they follow the advice before subjoined even hate the evil and love the good and establish Judgment in the Gate and then it may be that the Lord God of Hosts will be gracious with the Remnant of Joseph in vain we boast and think our selves secure as living under a Happy and Easy Government protected by good and wholesome Laws and above all having Gods true Religion profess'd and maintain'd amongst us since all this signifies nothing unless as the Prophet advises v. 24. We let Judgment run down as waters and Righteousness as a mighty stream The due and impartial Administration of Justice is that which hath removed Judgments and when Phineas executed Judgment the Plague was stayed this can only secure to a Nation the Providence of God without which our Riches our Strength our Wisdom our Forces at Sea or at Land will stand us in no stead if God be on our side we need not fear what Man can do against us nor can we take any better course to have God on our side than by taking heed to do Justice then and not till then will God pour out his Blessings upon us Jer. 7.5 If you throughly
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
are by his Majesty appointed to Administer Justice unto his Subjects but quo modo not according to our Will Conceit or Opinion but Secundum Legem Consuetudinem Maneriae Anglicanae which Law Custom and Manner must be Executed with Judgment Understanding and Equity for we must know our selves and the place wherein we are we must know and understand each Cause before us brought and according to our Knowledge and Understanding we must uprightly judge according to Equity without in the least sort being drawn by respecting either Person or Quality to bear a partial Hand in the Execution of Judgment Briefly says he the Office of a Judge is to hear each Party speak solemnly to answer or object directly to see as near as may be possible each Truth substantially proved and then to Judge with an upright Heart according to Justice and Equity never in any one thing making a conclusion before a conscionable wise and judicial consideration As to the Causes they are to enquire of they are says he such as these by whom the King is most disobeyed his Estate disturbed and Kingdoms threatned and that the Peace be inviolably kept of which and much more you may see in the Chapter of Judges and amongst the rest that they take care of Religion and therefore Judges as at the first as I could instance in several Charges were wont to let those who heard them know that they ought to be very careful in such Matters And here of a plain Instructor I become a humble Petitioner to the Reverend Judges to the Worshipful the Justice to the Gentlemen of the Grand Inquest and all in Places of Eminency in the behalf of the Establish'd Religion of the Land against her many and sometimes too powerful Enemies I hope I need not to you at least make mention of those Maxims of our Common-Law that nunquam prospere succedunt humana ubi negliguntur divina that summa est ratio quae pro religione facit that gravius est divinam quam temporalem laedere Majestatem that Religion and Justice are the main Pillars of the Common-wealth and that the Frame of our Magna Charta is that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable Lastly That his present Majesty hath sworn to maintain the Church England as it is by Law Established now I beseech you according to these Maxims and as you are intrusted with the Kings Oath and are bound to act according to Law maintain the Church by Law Established against all her Adversaries whatsoever and chiefly I intreat you against Atheists Haters of Episcopacy and Contemners of our publick Liturgy First lend your helping hand against all those Athiests who make a mock at Religion and all that is Sacred or but Serious amongst us neither you nor we can make Men truly Pious or banish Impiety out of the Nation but you may yea ought to be careful of Religion as that which is the best Security to the Nation since neither Forts nor Castles Armies nor Navies Arms nor Amunition Men nor Money to say nothing of Allies and Confederates the Staff of Egypt are not so powerful to support the Crown of a Prince as Religion You are here in the Kings Name and act by his Commission let me intreat you then to act under him as Defenders of the Holy Ancient and most Catholick Faith taught and profest in this Church of England suffer not this holy Religion to be despised let not this be openly derided droll'd upon ridicul'd or turn'd into Burlesque and Mockery as if our Young Squire and Witty Spark had no way to shew his Wit and Breeding then by exposing the Clergy and making a Ridicule of Religion who indeed how witty soever he thinks himself is a greater Fool then he in the Psalmist saying in the Street what he only did in his Heart there is no God As to the second those who are sworn Enemies to Episcopacy and never had good Will for Bishops unless when in their Power I know you cannot perswade them to lay aside those ill and unjust Principles they have unwarily imbibed from some Teachers much less perswade them to admit of this Government as Apostolical but I hope you will not suffer any bitter Spirit in Pulpit or Press to burst forth into Scandalous and Slanderous Libels bitter Pasquels and railing Pamphlets whereby they Slander that Sacred Government which by the joynt Confession of all Reformed Divines and by the most irrefragable Arguments of our own is proved to derive it self from the Times of the Blessed Apostles without any interruption or alteration for tho the Bounty of Religious Princes have thought meet to grace the Function with some Accesses of Tithes and Maintenance as yet they are by Law in this Nation who that is Wise or who indeed but a Fool will thence argue that the substance or any essential Part thereof is in the least part altered by such gracious Munificence And that I may not seem to digress know Episcopacy is setled by Law and the Lord Coke long ago observed that the Opposers of Episcopacy strove to shake in sunder the whole Frame of this Imperial Government for if as they desire says he the Form of our Civil Law was Abrogated then should our Common Law and it of necessity fall together for they are so Woven and Incorporated together as that without the one the other cannot stand and of this he gives the truest instance again says he without the Grave Assembly of the Reverend Bishops his Majesties High Court of Parliament should be unfurnish'd no Law being there enacted but that which is by the King his Lords Spiritual and Temporal concluding that those that would have no Bishops amongst us do in their designs strive to pluck from his Majesty and the Dignity of his State the Right Hand of Government and as much as in them lies break in sunder the Golden Frame of just Authority for if no Bishops no Laws if no Laws no King Lastly As to her Enemies who contemn and deride our Litany that Public Form of Prayer used in our Churches tho you cannot perswade Men to Worship God in Unity and Uniformity as was commanded in the days of Queen of Elizabeth of Blessed Memory yet suffer not the Public and Established Worship of the Nation to be deprived of its due Honour and Esteem as that which being selected out of Scripture and the Antient Models of holy Church and continued by the holy Martyrs our blessed Reformers and hath received abundant Supplies of Strength from the zealous Commendations of all our Protestant Princes and the Establishment of many Parliaments as that which was the happy means of bringing many out of Popery and does in a great measure prevent that Confusion Tautology Irreverence not to say Blasphemy too frequent in extemporary Prayer in a word tho you cannot perswade all Men to frequent the Church of England's Religious Service