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 [Page 2]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 [Page 3]without Counsel Purposes are disappointed, and that no great thing is to be taken in hand but with good advice. 'Tis 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 'tis 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 [Page 4]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 'tis 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 [Page 5]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 [Page 6]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 [Page 7]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. 'Tis evident that good Judges do pro­mote the Interest of a Nation from the End, Office and Authority of Judges. The End and [Page 8]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 [Page 9]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 [Page 10]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 [Page 11]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 'tis 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 [Page 12]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, 'tis 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 [Page 13]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. 'Tis 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 'tis 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. [Page 15]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 bare­fac'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 [Page 16]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 'tis 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 [Page 17]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 'tis 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 'tis 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 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 [Page 18]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 'tis 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 [Page 19]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 [Page 20]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 Wrong­doer, 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 'tis 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, 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 [Page 24]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 [Page 25]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 [Page 26]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 [Page 27]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 [Page 28]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 [Page 29]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, 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 [Page 30]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 [Page 31]Solid Confutation of the Church of Rome's Works as in the Writings of the Church of England Men; again, that 'tis 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 [Page 32]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. [Page 33]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 [Page 34]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.

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