A Caveat for Magistrates, Sermon
A CAVEAT FOR MAGISTRATES.
2 COR. 19.6, 7.
And he ſaid to the Judges, take heed what you doe; for ye judge not for man, but for the Lord, who is with you in the judgement.
Therefore now let the feare of the Lord be upon you, take heed and doe it, for there is no iniquity with the Lord our God, nor reſpect of perſons, nor taking of gifts.
THeſe words, they are Jehoſophats caveat to his Judges.
In the former verſe you have their Commiſſion. He appointed Judges in the Land, throughout all the fenced Cities of Judah, City by City.
To judge, to rule, to govern, Magiſtracie,Doct. though it be for every ones good, yet it is not every ones work; but theirs that are appointed to it. He appointed Judges. There's their Commiſſion.
And then here's their charge. Wherein two things are required of them:
Firſt, Action, (ver. 7.) Take heed and doe it. Judges muſt be doers.Doct.
Secondly, Caution, (ver. 6.) take heed what you doe. Judges muſt take heed what they doe.Doct.
And then you have the grounds of that caution, & they are two.
The firſt is taken from the perſon they repreſent in judgement, The Lord. For ye judge not for man; but for the Lord.
Not for man. It is not to be underſtood negatively, but comparatively.Hoſ. 6.6. As that, God will have merciemercy and not ſacrifice. Sacrifice too; but merciemercy rather then Sacrifice. So for men too, but for God rather then for men. So Tremelius, Non tam hominis, quam Dei vices in judicando geritis. As if he ſhould have ſaid, In this great work ye ſuſtain, not ſo much my perſon, as Gods perſon; nor are ye ſo much my Vicegerents, as Gods Vicegerents; my Deputies as Gods Deputies; therefore, take heed what you doe.
The ſecond is taken from the perſon preſent with them in Judgement, and that's the Lord too. But for the Lord, who is with you in the judgement. As if he ſhould ſay, you doe not onelyonly repreſent God in the judgement, but God is preſent with you in the judgement. He ſits as Lord chiefe Juſtice upon the ſame bench with you; therefore, take heed what you doe.
Thirdly, you have the main help preſcribed; and that's the fear of God. Now therefore let the fear of the Lord be upon you. The true fear of God in the heart of a Judge, firſt it wil Reſtrain him from every evil. Other Governours did thus and thus, were injurious, were oppreſſing, &c. but Neh. 5 15.ſo was not I. becauſe I feared God, ſaid Nehemiah. Secondly, constrain him to every good, put him upon every duty. Though never ſo difficult, Gen. 22.12. Never ſo dangerous 1 King. 1.18.3.12.
Laſtly, you have the main hinderances removed. And they are three. 1 Iniquity, wickedneſſe, profaneſſe. A mighty impediment to juſtice. 2 Accepting of perſons. 3 Taking of gifis. For There is no iniquity with the Lord our God, nor reſpect of perſons, nor taking gifts.
We will begin with the caution, Take heed what you doe: As if he ſhould ſay, be not raſh, headlong, percipitant; but diſcreet, wary, circumſpect in all your doings; and very wary, marvellous circumſpect; here's a double take heed. Take heed and doe it: and Take heed what you doe. Caution upon Caution.
Of all men in the world, Judges, Magiſtrates, Miniſters Doct. 1 of Justice, they ought to be men of marvellous warineſſe and circumſpection.
All men ought to be ſo.
The divers aſſaults of Satan to deceive us. The ſundry inticements of the fleſh to beguile us. The many allurements of the world to enſnare us. All declare as much.
All have ſoules to ſave. All have another world to provide for. All have rules to walke by. All are ſubject to erre from thoſe rules. All muſt appear before the judgement ſeat of Chriſt, and give accompt of all they doe. Therefore all had need to take heed what they doe.
But above all Magiſtrates had need to doe ſo, for why?
Firſt, They have a larger, and greater care, and charge, committed to them, by the Lord, then others have. And that,
1 In regard of places. Other's, their care, and charge is ſhut up and contained within narrower and ſtraiter bounds and limits then their's is. Miniſters to their Flocks: Parents and Maſters, Governours of families, to their families. Their's to Kingdoms, Counties, Cities.
2 In regard of perſons. Let every ſoule be ſubject, &c. Rom. 13.1. That lawleſſe immunity of the Clergie, as they call it, from the authority and juriſdiction of the civill Magiſtrate, ('its the curſed device of Antichriſt.
3 In regard of things. Others their care and charge hath reſpect, ſome to the ſpirituall eſtate of men onelyonly, ſome to the temporall, worldly, outward eſtate of men onelyonly; their's to both. Again, others their care and charge hath reſpect, ſome to the ſtate of the Church onelyonly. Some to the outward, civill, politike, eſtate of the common-wealth onelyonly; Their's to both. The office of the Magiſtrate, and the duty of the Magiſtrate, it hath reſpect, not onelyonly to Religion; but to the civill State: not onelyonly to the civill State, but to Religion. He is Cuſtos utriuſque tabulae: muſt be carefull that all duties, both of firſt and ſecond Table be performed. All open breaches of every Commandement in both, puniſhed.
Beſides, theſe are in the higheſt degree of preheminence, next to God above all others. They carry Gods image in their perſons; Gods ſcepter in their hands; Are called Gods. Et quo ſublimior gloria, Eó major cura, ſayes Cyprian.
Again, they of all others are moſt obnoxious to ſlips, and falls, and miſcarriages. And that,
1 Becauſe they have many provocations, which others have not. Ly open to many ſnares, which others doe not ly open to.
2 Becauſe they want many reſtraints, which others have; Publike and private admonition and reprehenſion. Fear of puniſhment, &c. A terrour indeed they are to others, if they doe evill; revengers to execute wrath upon others, Rom. 13. But if they doe evill themſelves, who ſhall be a terror to them? and execute wrath upon them?
Once more, Innumerable, and thoſe unſpeakable are either the miſchiefs or benefits that muſt neceſſarily flow from Magiſtrates, either diligence or negligence, and that both to Church and Common-wealth.
A Magiſtrate he is a publike perſon; and therefore a publike good, or a publike evill. If he be careleſſe, negligent, ungodly, unjuſt, abuſe his authoritie, neglect his dutie, what's the iſſue? Religion degenerates into Idolatry and Superſtition. The publike miniſtery of the word, and all other means of ſalvation, are either wholly neglected, or exceedingly ſlighted. Wicked men incouraged. Godly men diſcountenanced. Nothing but Ataxie, Diſorder, Confuſion, in Church, in Common-wealth. Men cannot poſſeſſe their lives, their eſtates, their names, their — any thing in peace, in quiet. Whereas, on the other ſide, if Magiſtrates be wiſe, faithfull, carefull, vigilant, intentive, God will be worſhipped purely; the Miniſterie of the word prized highly; evill men puniſhed; good men protected; And all knit together in ſuch an order, that every one will forward what he can the peace, proſperitie, welfare, good, comfort of another; and every one poſſeſſe and enjoy his life, his goods, his good name, his — all in peace, in ſafetie, in ſecuritie.
This is cleer by the ſtate of the Kingdomes of Iſrael and Judah. When they had good Magiſtrates, as David; Salomon, Joſia, Hezekiah, &c. How did every thing flouriſh that concerned either the glorie of God, or the profit, and benefit, and comfort of men, both for ſoul and bodie? But when the Magiſtrates were Idolatrous, Tyrannous, Vicious, Then all went to wrack. And wee ſee it by our own ſad experience. And therefore Eccleſiaſtes 10.16, 17. Woe to thee ô Land, when thy King is a child, and thy Princes eat in the morning. And bleſſed art thou ô Land, when thy King is the ſonne Nobles, and thy Princes eat in due ſeaſon, for ſtrength, and not for drunkenneſſe, ſayes Solomon. That Land is happy that has good Magiſtrates; and the contrary, moſt miſerable and unhappy. For theſe and many other reaſons, Judges and Magiſtrates, men ſet apart for the guiding, and governing, and ordering of Kingdoms, or Counties, or Cities, ought in a more eſpeciall manner to take heed what they do.
And that in all their actions, Naturall, Civill, Religious. In their whole converſations.
The ordering of their Families. There Children. Their Servants; Thoſe they employ in managing their publike Affairs; Thoſe too they employ in managing their Domeſtick or Houſhold buſineſſes and occaſions; to ſee that they be ſuch as be faithfull in their dutie to them, their maſters on earth; mindfull of their dutie to God, their maſter in Heaven. That they be pious, religious, conſcientious, ſuch as feare God, ſuch as will diſcharge the truſt committed to them. 2 Tim. 3.5.If a man know not how to rule his owne houſe, how ſhall he take care of the Church of God? ſaith the Apoſtle of Miniſters; and it's true of Magiſtrates as well. How ſhall hee be able to governe a Citie, that cannot govern his own Family?
The ordering of their perſons too. Above all men in the world, Magiſtrates had need to take heed that their lives be holy, harmleſſe, righteous, religious. Such as may adorn their profeſſion. Such as may put an honour, a luſtre upon Religion. Such whereby they may be an example of good to all, of evill to none. For why?
Firſt, with what face can a Magiſtrate puniſh ſin in others, if guiltie of the ſame ſin himſelf? A drunken Magiſtrate, A ſwearing Magiſtrate, A whoring Magiſtrate, A Sabboath-breaking Magiſtrate, how can he puniſh drunkenneſſe in others, oaths in others, uncleanneſſe in others, prophaneneſſe of Gods day in others?
Secondly, The excellencie of their office requires it. Magiſtracie, It's a viſible character of an inviſible Deity. They are called Gods, I have ſaid ye are Gods: Pſal. 82. And what, a drunken God! a ſwearing God! a Sabboth-breaking God! a prophane vicious God! It's no leſſe then blaſphemy.
Thirdly, The eminencie of their place requires it.
They are as a City ſet upon a hill. All mens eys are upon them. Their lives are exemplary. Men are led by example much; and by the example of Magiſtrates, more then by the examples of other men, Reges ad exemplum; &c. Magiſtrates lives, they are the peoples rules. And of all things a rule ſhould be ſtrait. A falſe rule! a crooked rule! it's moſt dangerous.
Fourthly, Example in them doth more good, or more hurt. A mighty force in the example of Magiſtrates. Have any of the Rulers believed in him? John. 7.48. The example of the Rulers kept many from believing. Evill examples in Magiſtrates, is more infectious, more contagious. Jeroboams ſin, it made All Iſrael to ſin. If Magiſtrates be wicked, how will wicked men be animated, imboldned, incouraged in their wicked wayes? Not a greater provocation in the world to a wicked life, then a wicked Magiſtrate. God will be diſhonoured more; his people grieved more; wicked men imboldned more; the Land indangered more, defiled more: from them as from a fountain, prophanneſſe, wickedneſſe, ungodlineſſe will flow forth into all the Land, as the Prophet ſpeaks of the wicked prieſts of his time, Jer. 23.15. Therefore above all men in the world, Magiſtrates had need to take heed wihat they do. And that even in All their actions, in their whole converſations.
But eſpecially in the adminiſtration of juſtice, in the execution of their office, in matter of government, in point of judgement, in their judiciary proceedings. That is, 1 In hearing cauſes that are brought before them. 2 In paſſing ſentence when they have heard them. 3 In executing that ſentence when they have paſſed it (foreign.) To theſe three heads may be referred all judiciary proceedings. Hearing. Sentencing. Executing.
Firſt, hearing of cauſes that are btought before them; whether criminall, or controverſall. Ioh. 7.51.Doth our Law judge any man, before it heare him? ſaith Nicodemus.
The Common-wealth, it's a body politike; offenders and offences in a Common-wealth, they are (as it were) the peccant and noxious humours, and diſeaſes in that body; Judges and Magiſtrates, they are (as it were) Phyſicians for the healing and curing of thoſe diſeaſes; and doth any Phyſician preſcribe &c. before he underſtands the ſtate of a mans body, and conſiders the nature of the diſeaſe? Gen. 18.21Deſcendam ut videam, ſaith God. The ſins of Sodome were exceeding grievous; and their cry came up to heaven: Yet God does not rain down fire and brimſtone preſently; No, Ile goe down and ſee firſt, ſaith he; See whether they have done altogether according to the cry. And thus in puniſhing the old world.Gen. 6.5. Gen. 11. And thus in confounding the language. And this he did, not for himſelf; He is omnicient, knows all things, and therefore needs no inquiſition, or examination, or triall to informe his knowledge; but for our example, Nè mala hominum praeſumamus credere, ante quam probare, ſayes Gregory. Leſt we ſhould credit reports, before we examine them. Judges ſhould herein be foreign, as Plutarch ſpeaks. Living Images of God. The Thebanes pictured their Iudges, ſomtimes without eys; ſomtimes without hands: but never without ears. The cauſe I knew not, I ſearched out, ſaith Job. Examinarion muſt ever goe before judgement. And here, mighty warineſſe, and caution, and circumſpection is required of Magiſtrates; here, they had need to take heed what they doe. As namely, that they doe it,
Firſt, ſpeedily. Without demurs, delays, procraſtinations, (beyond what is neceſſary.)
Secondly. Meekly, mildly, patiently; not in paſſion, in anger, in wrath: Iam 1.10.The wrath of man, works not the righteouſneſſe of God, ſayes James.
Thirdly. Diligently; not oſcitantly, ſluggiſhly, ſlothfully, ſleepily; as Philip of Macedon once, who by that means gave wrong ſentence; ſo that the partie was fain to appeal from Philip ſleeping, to Philip waking.
Fourthly. Equally too, indifferently. Heare ſmall, aſwell as great; poore, as well as rich; Stranger, as well as brother. And heare both parties; both ſides. Plutarch reports of Alexander, that when he ſate in judgment, he was wont (alteram aurem praebere actori, alteram verò integram ſervarereo) always to ſtop one eare to the Plaintiffe, ſaying, he kept that for the Defendant. Condemne no man before he which is accuſed, hath his accuſer face to face, and hath liberty to anſwer for himſelf, concerning the thing laid to his charge. It was a Rule among the Romans; And it was a good Rule, for why? Act. 25 16. Pro. 18.17.He that is first in his owne cauſe is just, till his Neighbour comes, ſays Salomon. One mans tale is good till another's is heard. Beſides, If to accuſe, be ſufficient to make a man nocent, who ſhall be innocent?
Fiftly. judiciouſly, underſtandingly. A Judge, He had need be a man of a moſt exact underſtanding; that he may be able to diſcerne betwixt man and man; cauſe and cauſe; juſt and unjuſt; true and veriſimilus; falſe and ſpecious; between the confidence of accuſing or denying, and the truth or falſitie of the accuſation; betwixt impudent guiltineſſe, and diffident innocence. No cauſe ſo bad, but there are, that by their quirks and deviſes wil make it ſeem good. And ſo on th'other ſide, no cauſe ſo good, but through the modeſtie, or unskilfulneſſe, or unfaithfulneſſe of thoſe that plead it, it may poſſibly ſeeme bad. It's ſtrange to ſee with what confidence, and what impudence, with what a brazen forehead that Harlot carries it; 1 King. 3. and how right and innocencie in the other had even like to have betray'd it ſelf, through modeſtie and ſimplicitie of earriage and expreſſion. Had not Salomon had foreign as Baſil ſpeaks, a ſharpe and exact underſtanding, to diſcerne between the modeſty of the innocent plaintiff, and the malice of the envious defendant, he had certainly been deceived. Quibus boneſtior conſcientia, iis plerumque frons imbecillior, ſayes Jerome. Diſhoneſty many times (like Tamar) is vailed with a maske of fair words, and a ſmooth tongue; when innocencie is timorous and uneloquent. Therefore, Juſtitia, though it ſhould be coeca in exequendo, yet it muſt be oculata in dijudicando, impartially blinde in executing, but eagle-ey'd in ſearching out a matter.
That's the firſt thing, Judges muſt take heed what they doe in Hearing cauſes. Let the cauſe be opened; let evidences be produced; let the accuſed and the accuſer bee brought face to face; Let them get a manifeſt cognizance of the thing, by a fair, free, calme, hearing of matters on both ſides, before they paſſe ſentence.
For why? Poſſibly they may erre elſe. Nay, it's almoſt impoſſible but they ſhould erre elſe. However, unjuſt they ſhall be ſure to be; yea, (aequum licet ſtatuerint, as the Tragoedian) though poſſibly they ſhould light upon the right. Though the Judgement ſhould be juſt, yet the Judge ſhould be unjuſt.
Thoſe that commence ſuits; Thoſe that plead and proſecute ſuits; Thoſe that teſtifie and give in evidence; Thoſe that bring in verdict. All had need to take heed what they doe, that they carry themſelves as in the preſence of God; and doe nothing in theſe caſes before Gods Vicegerents, which they would not doe before God himſelfe, whoſe judgement it is, and who is with them in the judgement.
But above all, Judges had need to take heed; Becauſe when all have ſaid all they can, ſtill the judgment lyes in the judges breſt.
Secondly, In paſſing ſentence. Judges muſt heare cauſes ſpeedily, patiently, diligently, indifferently, underſtandingly; and when they have ſo heard them, they muſt paſſe ſentence. And here likewiſe abundance of warineſſe and circumſpection is required of Judges. Judges had need to take heed what they doe; as namely, that they do it. 1 Righteouſly. Heare the cauſes betwixt man and man, and judge righteouſly, Deut. 1, 16. with equability, with proportion. Proportion, 1 to the minde of the Law. 2 To the quality of the offence. 3 To the nature and diſpoſition of the party offending.
1 To the minde of toe Law. A Judge muſt proportion his ſentence, ſquare his ſentence, not to his own or other mens paſſions, affections, humours, favours; but according to the Minde of the Law. Not the words of the Law, they are but veſtitus legis; but the Minde of the Law, the true ſenſe and meaning of the Law, the intent of the Law; that is, according to juſtice, and truth, and equity, and reaſon.
2 According to the quality of the offence. Artaxerxes that heathen King, even by the light of nature preſcribed this rule: That every one that ſhould offend, ſhould be ſentenced According to his offence, ſome to death, ſome to baniſhment, ſame to confiſcation of goods, ſome to impriſonment Ezra. 7.26. As there is a difference of offences, ſo there muſt be a difference of puniſhments. Greater offences, greater puniſhments; leſſer offences, leſſer puniſhments.
3 According to the nature and diſpoſition of the offender. Reſpect herein muſt be had to that too. It's true, the letter of the Law is the guide of judgement foreign, for the moſt part. But yet, becauſe mens actions are infinite; and there are ſundry particular caſes which the Law in its generall mandats cannot foreſee, and provide for, by reaſon of divers circumſtances extenuating perhaps the nature of the fact; and it would ſeem harſh if every thing ſhould be cenſured by the rigour of the Law, therefore much is left to the Judge herein; and there ought to be in His breaſt an foreign, as Ariſtotle calls it, a middle equity, tempering juſtice by the milder interpretation of the Law. And in this caſe Judex non jus dat, ſed docet, as Plato. The Iudge doth not give Laws, but give the ſenſe of Laws.
And concerning the offender; the Iudge is to conſider, Firſt, Whether he did it through weakneſſe, or whether he did it through wilfulneſſe; the one is to be beaten with more ſtripes, the other with fewer ſtripes, Luke 12.47. Again, whether now remorſefull, humbled, penitent; or ſtubborne, audacious deſperate in his wickedneſſe. If the inceſtuous perſon upon admonition become ſorrowfull, and humbled, and penitent, foreign. It's enough, ſayes the Apoſtle, it's ſufficient that he hath been admoniſhed; now receive him, forgive him, comfort him, confirme your love to him. Cor. 2.2.6. And the reaſon of this rule is, becauſe the great deſigne of a Magiſtrate in all his adminiſtrations of judgementit, ſhould be reformation; not deſtruction, but reformation. He ſhould not Sono catenarum delectare, as Seneca ſpeaks, delight in the ratling of chains and fetters, and the ſight of hatchets and haltats, &c. puniſh that he may puniſh, but that he may bring to repentance.… Cor 55. It's the end of all cenſures whether civill or Eccleſiaſticall.
Yet I doe not give this for an univerſall rule neither. There are caſes wherein the Iudge muſt not be milder then the Law, The Law muſt have courſe, Iuſtice muſt bee done. 1 That the Land ſtand not before God guilty of bloud. 2 That others may heare, and fear, and doe no more ſo wickedly. As namely, when the offences are bloudy and crying and hainous; connivencie or impunity, in theſe caſes, it's not clemencie, but cruelty. But in other caſes again, in leſſer offences, but once or ſeldome committed, and the offender penitent; there, juſtice without merciemercy; it's not juſtice, but ſeverity, ſayes Chryſoſtome.
2 Religiouſly, piouſly, ſincerely, without any reſpect at all to any thing in the world; but meerly and onelyonly out of love to God, delight in juſtice, zeale to the good of the Common-wealth. Otherwiſe, Chriſtians are no otherwiſe juſt then Heathens were juſt. Nay otherwiſe, even while juſt Iudges, they are murderers; If biaſſed by carnall intereſts, private reſpects, ſelfe aims and ends, as wee ſee in Jehu.
3 Couragiouſly too. Judges, they muſt be men of courage; not weake and timorous and puſillanimous. A weake and timorous Judge, will eaſily be an unjuſt Iudge. If Pilate feare (ne non amicus Caeſari videretur) Caeſars diſpleaſure; he will condemne Chriſt, though it be never ſo much againſt his own conſcience, Joh. 19.12. If the Governours fear Jeſabels diſpleaſure; upon a letter from her, they will condemne Naboth, though never ſo contrary to all Religion and equity. 1 King. 21. It was Rehoboams fault, Hee was tender-hearted, and not able to withſtand the Sonnes of Belial. 2 Chron. 13.7. And ſo Davids too, that he let the ſonnes of Servia be too hard for him; hee durſt not cenſure Joab though a murtherer; Why? hee was the Generall of his Armie, and he feared a mutiny; therefore Deus judicet ſaith he, the Lord judge him. Alas! a private man, every ſubject might have ſaid ſo. Solomons throne was ſupported by Lions 1 King. 10.20. Lion-like vertues, courage, and valour, and reſolution, and magnanimity ſhould be in Magiſtrates; they ſhould not be terrified, or daunted, or diverted from juſtice, by the threats of the potent, or the frowns of the mighty, or the haughty looks of any; or the letters, or meſſages, or wills, or pleaſures of great ones, be they men or women, Caeſars or Jeſabels, Kings, or Queens. Muſt not fear the face of man, Deut. 1.17. but muſt be men of bold, undaunted, couragious ſpirits.
4 Impartially. Without reſpect of perſons. foreign, without preferring one before another; or inclining to one more then to another.
Reſpect of perſons in judgement is every where condemned in Scripture? Thou ſhalt not favour the perſon of the poore, nor honour the perſon of the rich. Levit. 19.15. A Iudge muſt not pitie a poore man, becauſe hee is poore; Nor favour a rich man, becauſe he is rich; but according to the equitie of the cauſe, muſt be the equitie of the ſentence. A mean man, a great man, an enemy, a friend, it muſt be all one in this reſpect. Exuat perſonam Judicis, qui induit perſonam amici, ſays one. Let him put off the perſon of a Iudge, that puts on the perſon of a friend. A Iudge ſits in the place of juſtice, not to judge of mens perſons, but of their cauſes. And therefore, in former times, ſometimes the bare cauſes were propounded without any ſo much as mentioning of the perſons; ſometimes again obducto velo judicabant, ſays Muſculus, They covered the Iudges face with a Vaile, when hee ſate in judgment, that ſo hee might not ſee their perſons. And the Thebanes alwayes painted their Iudges without Eyes. A Iudge muſt be like Melchizedeck, without father, and without mother. It is Aſa's high commendation, that when Maacha (though his own mother) committed Idolatry, he would not ſpare her, but depoſed her from her Regencie. And 2 Chron. 16, 16. It's Levies too, In the execution of juſtice,Deut. 32.19. He ſaid to his father and to his mother, I have not ſeene them, neither knew hee his brethren, nor his own children. Amicus Plato, Amicus Socrates, It's true ſuch a one is my friend, and ſuch a one is my friend; ſed magis amica veritas. The affection of a friend ſuits not the Function of a Iudge. In ſome caſes it was not lawfull for the father or mother to ſpare there owne ſon, Deut. 21.18, 19, 21. The husband to ſpare the wife of his own boſome. Deut. 13.6, 7, 8. &c. A Iudge muſt equally and impartially give to every one that portion which the Law gives him. No outward reſpect muſt move him either to pitie, or to ſeveritie; more then the equitie of the cauſe requires.
Freely. A Iudge ſhould not be moved, either minis, or donis. With threats, or gifts. The motions of juſtice ſhould be like thoſe of the Heavens, from inward principles; not like thoſe of Mils, or Clocks, or Iacks, and the like Mechanick Engines, that ſtir not but by force of waters, or winds, or waights. Imitantur hamos dona. Bribes, they are the mightie bane of juſtice. It's ſaid of Elies ſonnes, dilexerunt munera, They turn'd aſide after Lucre, and tooke bribes: and what follows? perverterunt judicium, they perverted judgment. A Iudge ſhould not receive bribes, no not in a juſt cauſe. A Counſellour may ſell his advice; and an Advocate may fell his pleading; but a Iudge may not ſell juſtice. Iuſtice ſhould be as cheap as aire. It's a debt he owes, and can he be juſt that muſt be hired to pay his debts? No difference in Gods account betweene briberie and thieverie. Yea, for this verie thing, are the Princes of Jeruſalem called thieves, Eſay 1.23. Not for taking purſes by the high way ſide; but for taking bribes in their chambers; for ſo it follows, Every one loveth gifts and follows after rewards. And her Rulers love to ſay with ſhame, Give yee, Hoſea 4.18. And what difference between, Give yee, and Deliver yee; only, one goes in chains of gold, many times; while the other lies in fetters of Iron; But in Gods account they are all one. It's that that turns magna regna into magna latrocinia, ſayes Auguſtine. Guildhall into Shuters Hill,DIKE, againſt covetouſnes. and Westminſter Hall into Salisbury Plaine, as one well Engliſhes it.
6 Speedily. Currat lex, let juſtice have quick diſpatch. A miſerable thing when Iudges ſhall uſe cauſes; as unconſcionable Chyrurgions uſe ſores; hold them long in hand, not for any difficltie in the cure, but for gain. Speed is requiſite in juſtice as well as integritie. And the Judge in the Parable, why is he called unjuſt? only for this, he defer'd to doe juſtice to the poor widdow, he would not for a while, ſayes the text, Luk. 18.4. Even in delaying judgement unjuſtly and needleſly, there is injuſtice. Sentence muſt be given ſpeedily. Yet
7 Deliberately. Two things are to be avoided in judgement. Too much delay. Too ſuddain expedition. Deliberation ought to accompany judgement. Eſpecially if the puniſhment be capitall, ultimo ſupplicio, if it be to life. Life is precious, death terrible.
8 Tenderly, and with abundance of merciemercy and clemencie, and moderation. It's true, exceſs herein, too much clemencie is not a vertue, but a vice. But yet there's a difference between the exerciſe of juſtice, and the ſeverity of juſtice. noli eſſe juſtus nimis, ſayes Solomon, Eccleſ. 7.18. Preſſe not juſtice too far, doe not turn judgement into gall, and juſtice into wormwood. Take heed of rigour. Rigour of juſtice is injuſtice; where mitigation may be. Indeed there are caſes wherein a Judge muſt not ſpare. Notorious malefactors, Traitors, wilfull murtherers, they muſt die: Who ſo ſheds mans bloud, by man ſhall his bloud be ſhead, Gen. 9.6. Such too in whom is found malicious wickedneſſe; eſpecially if the ground of the quarrel be laid in irreconcilable principles to Religion; in this caſe, qui malis parcit, bonis nocet, ſayes Scaliger; He wrongs the lambs, and wrongs the ſheep, that lets the foxes goe, and lets the wolves goe. Therefore the Law muſt have courſe, juſtice muſt be done. But yet with aboundance of tender-heartedneſſe, and aboundance of Chriſtian compaſſion. Seneca reports of Auguſtus, that he never pronounced ſentence of death, but he did (ex imo pectore, alta ſuſpiria ducere) fetch deepe ſighs from the very bottome of his heart. Yea, even Nero himſelfe, though otherwiſe cruell, yet it's reported of him, that being asked to ſubſcribe to a ſentence of death, utinam neſcirem literas! ſays he, I would to God I knew not how to write. That's the next thing therefore in the execution of juſtice. Qualifie as much as may be the rigour of it; mix merciemercy with it. I will ſing merciemercy and judgement, ſayes David. Pſal. 101.1. Juſtice without merciemercy, is not Juſtice, but cruelty: on the other ſide, merciemercy without juſtice, is not merciemercy, but fooliſh pitty.
3 In executing ſentence. A Judge when he hath heard the cauſe, and pronounced ſentence, muſt execute that ſentence.
Three things make a happy Common-wealth: Good Laws; Upright judgement according to thoſe Laws; And juſt execution. And herein likewiſe, Judges muſt take heed what they doe. As namely:
1 That they doe it with all the grains of allowance, of time, of merciemercy, of clemencie, that juſtice will permit; Eſpecially if to life.
2 With all the mitigation that may be. The Jews might give forty ſtripes to a malefactor;Deut. 23. yet in their greateſt corrections they would give but thirty nine. 2 Cor. 11.24. Of the Jews five times, received I forty ſtripes ſave one, ſayes Paul. They bated him one.
3 With aboundance of compaſſion. If the judgement be ſevere, and ſuch as cannot juſtly or ſafely admit of any further delay, or any remiſneſſe or mitigation, by reaſon of the haynouſneſſe and atrocitie of the crime, yet even then he muſt doe it, not with inſolence, and elation, and revilings, and reproachfull ſpeeches, &c. but with all the meekneſſe and demonſtration of compaſſion that may be. My ſonne give glory to God, ſayes Joſhua to Achan; he calls him his Sonne. What ever the puniſhment be, merciemercy and compaſſion muſt be uſed in the inflicting of it. Muſt not by any cruell courſe make the torture either greater or longer then neceſſity requires; for why? Duo ſunt nomina ſayes Auſtin, homo & peccator; As he is a malefactor, puniſh him; but yet as he is a man, pitty him.
Thus in all their actions, in their whole converſations; but eſpecially in matters of judgement, in their judiciary proceedings; as in hearing cauſes that are brought before them; in paſſing ſentence; in executing that ſentence; in all theſe, Iudges and Magiſtrates ought to be men of marvellous caution and circumſpection.
And thus we have done with the explication of the point.
Uſe 1.We come now to application. And here, ſomething I will ſay to all. But yet I beſeech you give me leave to begin with you, the honourable and reverend Judges and Magiſtrates of this magnificent and renowned Citie. And the ſum of what I ſhal ſay to you, is only this charge of K. Jehoſophat to his Iudges here; It is the charge of the King of Kings, to you this day, by mee, who alſo am in Gods ſtead, and am ſet here to mind you of your dutie, Take heed what you doe, &c. Oh that this ſentence were painted upon the doores, and gates, and walls of all your Courts, and all your judgment ſeats! But above all, oh that it were ingraven deeply in all your hearts! and that you would think you heare it ſounding continually in your eares, (as Jerom did that voice: Ariſe ye dead & come to judgment.) Take heed what yee doe. And eſpecially, and above all, what you doe in your judiciary proceedings. When Cauſes are brought before you, heare them ſpeedily, patiently, diligently, indifferently, underſtandingly. And then paſſe ſentence righteouſly, religiouſly, couragiouſly, impartially; A miſerable thing when Lawes are like Cobwebs which doe, Inferiora animalia retinere, valentiora tranſmittere, as Anacharſis ſaid; Catch little flies, but let the great ones break thorough. When one man may better ſteal a horſe, then another looke on. One man better betray a Caſtle, a Citie, a Country; then another parley about the betraying of it: when for one and the ſame fault ſome ſhall be puniſhrd, others not ſo much as called in queſtion. Redde ſuperiori, redde inferiori, redde aequali, cuique quod ſuum eſt redde; ſayes Bernard. Be they ſuperiours, be they inferiours, be they equals, what ever they be give them their due; encouragement to whom encouragement; puniſhment to whom puniſhment. Let juſtice be like the Sun, which falls equally and indifferently upon all; rich ones; poore ones; Pallaces, Cottages. Take order for bloudie Joabs; curſing Shimeys; treacherous Abſolons; puniſh ſin as well in great ones, as in ſmall ones; not ſparing with Moſes, To hang up even the— Princes of the people before the Lord. God is no reſpecter of perſons; no more be you. Remember that meſſage out of Smithfield the other day.Pitts.
Freely too. Let love of juſtice conſtraine you to do juſtice; and deſire of Gods glorie; and deſire of the publike good: Not promiſes, gifts, rewards, gratuities. Herodotus has a dreadfull ſtory, of one Cambyſes a Perſian King, who finding that one Sicanus a Iudge, had been hired by money to pronounce a wrong ſentence, (Eum excoriari juſsit, & pellem ejus affigi ad ſedem judicialem) Hee cauſed him to be flead, and his skin to be nailed over the judgement ſeat, and there to remain for the terrour of ſucceeding Iudges. If all perverters of judgment had been ſo ſerved, there be many Iudges in England had had but little skin on their backs. Bion was wont to ſay: A Magiſtrate, when he leaves his place, ſhould go out, non ditior, ſed clarior; not more rich, but more righteous. And what is it for a Iudge to have lucrum in arca, & damnum in conſcientia? as Auſtine ſpeaks; Gaine in his Coffer, and loſſe in his Conſcience? A full purſe, a foul ſoul? 'Twill prove (like Judas his bag) his bane at laſt. Remember that of Iob: Iob 13.35.Fire ſhall conſume the Tabernacle of bribery. Never let it be ſaid of you (as Eſchanes ſaid of Demosthenes) that you incline that way moſt, that brings In moſt. Iuſtice is a debt you owe; ſcorne to be hired to pay your debts.
Doe it ſpeedily too. Jethro was troubled, to ſee cauſes hanging from morning to evening. Surely twould have troubled him more to ſee them hanging from year to year; To ſee cauſes depending to become immortall.
And then execute that ſentence when you have paſſed it. And if it be to life, execute it with all the allowance of time, of merciemercy, of clemencie, of mitigation that juſtice will permit. And with aboundance of compaſſion.
In a word, doe nothing raſhly, unadviſedly, inconſiderately: but every thing gravely, warily, deliberately, with abaundance of caution and circumſpection.
To helpe you a little, conſider, 1 the perſon you repreſent in judgement: You judge, not for man; but for the Lord. The Ordinance of Magiſtracie, it is the Ordinance of God; Rom. 13. The perſon who judgeth, is a perſon ſent of God; foreign, the Miniſter of God, Rom. 13.4. The perſon ſuſtain'd by the Iudge, is the perſon of God. He is Gods vicegerent, Gods delegate, Gods deputy The perſons and cauſes to be judged are Gods. The man is Gods; his life is Gods; his eſtate Gods. The judgement too, If righteous and juſt and good, it's Gods; God will own it, approve it, defend it, reward it. Conſider that. You have your commiſſion from God; receive your office from God; derive your power and authority from God; ſuſtain Gods perſon; doe Gods worke; execute Gods judgement; take heed therfore what you doe. Doe nothing but what God would doe, if he were in your room. Now would God puniſh the poor, and pardon the rich? would God juſtifie the wicked, and condemne the righteous? would God pervert judgement? would God accept perſons? would God receive gifts? would God be corrupted? why; no more be you. You execute Gods judgement, make God your pattern in the execution of it. Follow his rule, Imitate his example. He accepts not perſons, nor takes rewards (Deut. 10.17.) but without reſpect of perſons, judges according to every mans work, 1 Pet. 1.17. The greateſt potentates, and the higheſt Monarchs in the world, if wicked and ungodly, can no more eſcape the vengeance of God, then the pooreſt wretches that live upon the face of the earth: witneſſe Pharaoh, Zenacherib, Nebuchadnezer, Herod, Hamon, &c. Yea, and his deareſt children he corrects, as well as thoſe that are his verieſt enemies. Yea, Judgment (Begins) at the houſe of God, 1 Pet. 4.17. and tribulation and anguiſh to every one that doth evil, to the Jew (Firſt,) Rom. 2.9. God carries himſelfe equally and indifferently to all in the execution of judgement. Doe you likewiſe. Set up God for your pattern, your preſident; imitate God. Thinke, would God ſhew merciemercy now? would God acquit this man now? or would God condemn this man now? If not, why ſhould I doe it? It is a ſweet thing, when a Magiſtrate lying down at night, can reflect upon the day, and ſay: I have done nothing this day, but what God himſelfe would have done, if he had been in my room. That's the firſt reaſon.
And He is with you in the judgement; That's another mighty argument, why you ſhould take heed what you doe, The Lord is with you in the judgement. 1. with you, to aſſiſt you. The burthen's too heavie for you; aye, but God will put under his own ſhoulders; you ſhall be aſſiſted by the great God. 2 With you, to protect you, defend you, ſafeguard you from wrongs, from hurts, from violences. Friends may frown; enemies may threaten; aye, but God is with you; and if God be with you, who can be againſt you? 3 With you, To behold all your proceedings. God ſtands in the aſſembly of gods. Pſal. 62.1. Stands. Not ſits, but ſtands. Stands to looke this way and that way, and the other way; to heare what this man ſayes, and what that man does. To heare who gives an I, when the nocent is to be puniſhed: who gives a No, when the innocent is to be quitted; Therefore take heed what you do. 4 With you, To reward your integritie; puniſh your partialitie. Remember that When ever you ſet foot into the place of judgement; & ſay as Jacob, Surely the Lord is in this place; ô how dreadfull is this place! The Lord is here, and he heares every word I ſpeak; and he ſees every action I doe. I have, not only men to behold mee; and Angels to behold me; but even God himſelf, he is preſent with me. There was a Canon made; in the Chalcedon and Epheſine Councell, that upon the Judges Bench, the Book of the Goſpell ſhould be ſet up, which the Judges were to caſt their eyes upon, to the end they might doe every thing according to the minde of Chriſt. And the Ethiopians were wont to ſet up a Chaire of State in their Senate, and that to be emptie; as if the God of judgement ſate there as Umpire, and Moderator; whom the Senators ought to look upon in paſſing ſentence, that they might imitate him in their judgment, to the end they might doe every thing as in the ſight of God, who (as the text ſays) is with them in the judgement. Theſe are the Reaſons in the text: You ſuſtain the perſon of God; ſit in the ſeat of God; execute the judgment of God; ſtand in the preſence of God, Therefore take heed what you doe. Execute Gods judgment, as God himſelf would execute it.
Nay, yet more; you muſt be accountable to God too. Remember that. You muſt one day come to your Redde rationem, Give an account. You muſt appear, before that exact, and unavoidable, and unappealable Tribunall of the Judge of all the world: and he'll heare all over again; and judge the Cauſe; and judge the Iudge; Iudge you; and judge all. And would you give any ſentence now, that ſhould then be reverſed? Would you give any ſentence now, you would then be aſhamed to own? Conſider that. you muſt give account to God. Not only to Gods Deputie, that little God in your boſomes, Conſcience; which will ſentence you ſeverely if you doe amiſſe; but to the great God, the judge of all the World; and Ieſus Chriſt the Iudge of quick and dead. God will bring to judgement every work, with every ſecret thing, whether it be good or evill. Take heed therefore what you doe; You will never be able to give up your account with joy elſe.
Again. The nature, greatneſſe, and waightineſſe of the work you have to doe. The eaſineſſe of miſcarrying in it. The exceeding great danger if you do miſcarrie. All theſe call upon you to take heed what you doe.
1 The nature, greatneſſe, and waightineſſe of the worke you have to doe. 1 It is Gods work, and therefore requires your utmoſt circumſpection. I have provided with all my might, ſays David. Why? The houſe is not for man, but for the Lord. 1 Chron. 29.1. 2 It is a great worke. A worke of the greateſt and mightieſt concernment, and importance, that ever did, or ever can come under your hands. 3 It's a perplex, intricate, difficult worke. So many knots; many Caſes ſo intricate; ô what a Labyrinth you will be in ſometimes? Your thoughts how they'll be perplext, twiſted as it were, intwin'd one within another? how you will be troubled to diſcover your way, to finde your rule, to know what to do? 4 It is an excellent work. 5 An important work too. Your eternall ſalvation lyes upon it. Your, and our temporall ſalvation alſo, Lawes, Liberties, Lives, Goſpell, Religion, Church, State, Kingdome, all lyes upon it. According as you manage your work, even ſo may it fare with England for ought I know. and the children that are yet unborn, will have cauſe, either to ſtand up and bleſſe you; or to ſtand up and curſe you.
2 The eaſineſſe of miſcarrying in the work. Take heed what you doe; A thouſand to one but you will miſcarry elſe. For why? Firſt, you are but men. Gods indeed; but yet but earthen gods; Men, weak men, frail men, fleſh and bloud. You have the ſame carnall principles in your hearts, that are in the hearts of others. You have a principle of pride in you; a principle of ſelf-love in you; a principle of baſe, ſlaviſh fear in you; a principle of ambition; a principle of covetouſneſſe, &c. 2 You have the ſame Devill; and the ſame World to draw forth thoſe principles too. Such temptations from Satan; ſuch ſolicitations from men; ſuch evaſions in offenders to avoid juſtice; friends intreatie; enemies obloquie; ſuch a world of ſnares; ſo many reſpects to worke upon your affections; ſo many occaſions to turne you out of the way; ſo many impediments to juſtice; This relation and that relation, kindred, acquaintance, feare, favour, hope of reward, frownes, ſmiles.
If they be rich ones and great ones that offend, ô they muſt be ſpared, they will ſit upon my skirts elſe another time, they'll be even with me. And if poor ones, yet if great ones become ſuitors for them, ô I muſt gratifie ſuch a great man, &c. Oh how hard it is for a Iudge to deale juſtly, uprightly, impartially! Take heed therefore what you do, You will certainly miſcarrie elſe.
3 And if you doe, Oh how dangerous it is! that's the third thing. The exceeding great danger if you doe miſcarrie: Danger to your ſelves: danger to others.
Firſt, to your ſelves. To erre in judgement; eſpecially wittingly and willingly, Oh it is a fearfull ſin. Called a manifold tranſgreſsion, and a mighty ſin, Amos 5.12. And you are ſaid herein, even to exceed the deeds of the wicked, Jer. 5.28. How many dreadfull woes ſtand regiſtred in the book of God againſt this ſin? See Eſay 5.20. &c. No ſin more ſharply threatned; no ſin more ſeverely puniſhed; in perſons, in Nations. It's a ſin that makes you guiltie of other mens ſins. A man may be guiltie of other mens ſins; not onelyonly poſitively, when he conſents to them, councels them, incourages them, countenances them, and the like; but privatively alſo, when he indulges them, connives at them, &c. In this caſe, all the wickedneſſe others doe, it's You that doe it; you be the murtherers; and you be the Saboth-breakers, and you be the ſwearers; and you be the drunkard., &c. It's not they that doe it, it's you that doe it; it's the Court of juſtice that doth it. It's a ſin of bloud. The ſin of bloud, oh it's a fearfull ſin; & if you erre in judgement, if you condemne whom God would abſolve, or abſolve whom God would condemne, you pull upon your ſelves the guilt of bloud; you take the bloud that lies upon others and lay it upon your own heads. Becauſe thou haſt let goe a man, whom I appointed to deſtruction; therfore, thy life ſhall goe for his life, and thy people for his people, ſayes the Lord to Ahab. 1 King. 20.42.
2 Danger to others too; to the State, to the Kingdom. Take heed what you doe; you'l indanger the whole Kingdome elſe; involve the whole Kingdom in bloud; be State murtherers, Kingdome-deſtroyers. And whereas if you had carried your ſelves religiouſly, piouſly, ſincerely in your worke, you might have quenched the fire of Gods wrath, Pſal. 146.31. you will kindle it more. And whereas had you executed judgement, you might have removed the judgements that are upon the Land; you will pull down yet heavier and ſorer judgements.
It's a dreadfull place, that Amos 5. Yee who turne judgement to wormewood, and leave off righteouſneſſe in the earth; (ver. 7) I know your manifold tranſgreſsions and your mighty ſins; You afflict the juſt, you take a bribe, you turne aſide the poore in the gate from their right, &c. (ver. 12.) well, and what follows? Therefore thus ſaith the Lord of Hoſts, Wailing ſhall be in all ſtreets, and in all high places they ſhall cry Alas, Alas; and they ſhall call the husbandmen to mourning, and ſuch as are skilfull in lamentation to wailing, (ver. 16.) And the day of the Lord ſhall be darkneſſe, and not light, even very darkneſſe, and no brightneſſe in it. (ver. 20.) So Jeremiah 4. They judge not the cauſe of the fatherleſſe, and the right of the needy doe they not judge, (ver. 28.) well, and what follows? Shall I not viſit for theſe things? ſayes the Lord, ſhall not my ſoul be avenged on ſuch a nation as this? (ver. 29.) The want of due execution of judgement, puls down Gods heavieſt judgements upon a Land. Take heed therefore what you doe, you will elſe undoe the whole Kingdom. And will you be the perſons that will undoe England?
Suppoſe God ſhould yet diſappoint all our hopes, and bring in all our fears, and fire and ſword ſhould overrun even the whole land, and the enemie ſhould begirt our very walls, and we ſhould heare the alarm of war in our very gates, and ſhould ſee torrents of bloud running down our ſtreets, our houſes burning, our wives raviſhing, our children daſhing in pieces, and our ſelves running ſome of us to the tops of houſes, others to the bottomes of cellers, to hide our ſelves from the murtherer, all in an uprore; London ſtretching forth her hands, and crying out to all the world, as Jeruſalem once, behold and ſee if there bee any ſorrow like to my ſorrow; And in the midſt of theſe ſad combuſtions and confuſions, your conſciences ſhould ſtep in and tell you, (as the Prophet tells thoſe filthy prieſts of old, Mal. 1.9.) This hath been by your means: England may thanke you for this; England might have been a Nation ſtill, if it had not been for you; Religion, the goſpell might have flouriſht in England ſtill, if it had not been for you; The worke of Reformation might have been carried on even to perfection, if it had not been for you. O how dreadfull would this be! where's the man whoſe very heart within him can chooſe but tremble to think, leaſt he ſhould be the man with whom it ſhould be thus? Now the good Lord of heaven ſtartle you, rouſe you, awaken you! The good Lord of heaven make you ſerious in the buſineſſe! God will be diſhonoured elſe; his wrath provoked; againſt your ſelves, againſt the Land; his people grieved; wicked men animated, encouraged, emboldened in their wicked ways. Maxima peccandi illecebra, impunitatis ſpes. Not a greater provocation in the world to ſin, then hope of impunitie. And within, your conſciences they'l accuſe you. And without, the complaints & ſighs, & groans, and tears of the oppreſſed, they'll cry to Heaven againſt you. And the oaths, blaſphemies, drunkenneſſes, uncleanneſſes, prophanations of the Lord's Day, &c. which you might have ſuppreſſed, and did not, they'll cry to heaven againſt you. And will not all this prevaile with you? Why I beſeech you, by all that's dear to you; As you tender the glory of God; As you tender the ſafetie, and ſecuritie, and proſperitie of this great Citie; yea, and of this whole Nation; As you tender the peace of your owne conſciences; yea, and the eternall ſalvation of your ſouls; in the bowels of Jeſus Chriſt I beſeech you, Take heed what you doe.
ANd now, my honorable Lord, give me leave I beſeech you, to addreſs my ſelf in a few words to you. Certainly your Honor would never have choſen my text for me, if you had not intended I ſhould direct my ſpeech to you. Truly my Lord, I have not the leaſt jealouſie or ſuſpition, either that you will not take heed and do it; or that you will not take heed what you do. I am confident you have ſtudied your dutie; & I am as cōfident you are reſolved, through the mightie aſſiſtance of Gods grace and ſpirit, to ſtirre up your ſelfe, even to the verie utmoſt, to doe your dutie. Yet give me leave to put you in remembrance. Philip, that great King of Macedon, He knew that he was mortall, and that he muſt die; yet hee would have his Boy knocke at his Chamber doore everie morning, and tell him ſo▪ My Lord, Take heed what you doe.
1 As a man.
2 As a Chriſtian, let thoſe inward and immediate actings of your ſoule towards God, be ſcru'd up to a higher peg now then ever. Love God more. Delight in the Ordinances more. Prize Jeſus Chriſt more. Be more in communion with him too; cloſe communion, cloſet communion. Ply the the throne of grace. Double your files at heaven. You have more need now, then ever. If you prayed twice a day before; truly you had need pray thrice a day now. Morning, and Evening, and at noone will I call upon thee, ſays David. Be much in ſeeking God.Ioſh. 1.8. Much in conſulting with the word too.
And then for your outward converſation, Order that aright. See that your life be holy, harmleſſe, righteous, religious; ſuch as may adorne your profeſſion; ſuch as may put an honour, a luſtre upon Religion; ſuch whereby you may be an example of good to all, of evill to none. You are as a Beacon upon the top of a Mountain, All mens eies are upon You.
Thirdly, As a Maſter of a Family. Families in Scripture, are called Churches. Salute Aquila and Priſcilla,Rom. 16.3, 5. and the Church in their houſe. Let your Family be a little Church, in regard of frequent reading the Scriptures; Prayer morning and evening, and other the like duties and exerciſes of Religion performed there. My Lord (I beſeech You, heed what I ſhall now ſay) Religion ſet up in Your Family, will bring Religion into faſhion (as I may ſay) throughout the whole Citie.
And for your ſervants and your officers, the charge God gives to you, doe you give to them; God bids you, doe you bid them, Take heed what they do. Shine the fixed ſtars never ſo oriently and reſplendently; yet if the Sun and Moon, the inferiour Orbs, ſhould not give forth their light, what a darke world would it be? Be you never ſo couragious, ſo induſtrious, ſo godly, ſo juſt, ſo upright, yet if your Officers be falſe hearted, negligent, indulgent, covetous, timorous, how will every thing goe to rack? It's with a corporation as with a curious clock or watch, though the ſpring be never ſo right, yet if but the leaſt wheele, yea, but the leaſt pin be amiſſe, it diſtempers all. Remember Davids reſolution this way, in that 101. Pſalme.
It was the happineſſe of Solomons time, that not onelyonly the Mountains (the ſupreme Magiſtrates) brought forth peace; but even the little hils too, (the inferiour officers) brought forth joy unto the people. Oh that it might be the happineſſe of yours, my Lord!
But laſtly and chiefly as a Magiſtrate. In all your actions, in your whole converſation you ought to be a man of marvelous warineſſe and circumſpection; but eſpecially in the adminiſtration of juſtice, in the execution of your office, in matters of government, in point of judgement, in your judiciarie proceedings; that is, when in judiciall places, and in judiciall affairs, hearing cauſes, ſentencing, executing: Then, above all other times; and in thoſe things above all other things, it highly ſtands you upon to take heed what you doe. Countenance the good. Curb the bad. Judge the fatherleſſe. Plead for the widow. Help poor ones. Defend weak ones. Oppoſe great ones, if ungodly. Cut off wicked ones. Pull the prey out of the teeth of the Lion. Break the jaws of the Oppreſſour. Accept not perſons. Take not bribes. Let the fear of the Lord bee upon you.Iob 29.14. Put on righteouſneſſe as a Chaine, and judgement as a robe and diadem. What ever corruptions you ſee, redreſſe them. What ever diviſions, compoſe them. Miniſters that are faithfull, encourage them. Chriſtians that walke cloſely with God, protect them. Rule for God. Reward for God. Puniſh for God. Maintain vertue. Suppreſſe vice. Promote Religion. Bring in Reformation.
It is the great deſigne God hath upon the Land; improve all the wiſdome of your heart, and all the power of your place to be therein ſerviceable and helpfull to God all you can. Doe this my Lord, or doe what you will, what you can, you doe juſt nothing. And as one to Antipater King of Macedonia, who being preſented with a book treating of happineſſe, rejected it with this anſwer, I am not at leaſure, Noli igitur regnare ſayes he, be not King then if thou art not at leaſure. My Lord, I beſeech you give me leave to ſpeake freely to you. Truly I pitty you; and as well as I can, I pray for you; you have much work to doe: but yet, this, this is the work; and if you be not at leaſure for this, if you be not at leaſure to reforme the Citie, what doe you in the place of Magiſtracie?
My Lord, you cannot honour the City more then by furthering a reformation. What's the honour of a Citie? Not Armies, and Navies, and Forts, and Bulwarks, and ſumptuous buildings, and ſtately edifices, and ſilver as the duſt, and gold as the ſtones of the ſtreet, &c. But wholſome Laws and Conſtitutions, and thoſe duly executed; when the Goſple is propagated, Religion countenanced, piety promoted, innocencie defended, vice puniſhed, equity preſerved, and ſoe Church & Common-wealth joyntly and mutually live, and love, and grow, and proſper, and God has glory from the well ordered cōmunities of men, and men felicitie in a bleſſed Communion with God, happy is the people that is in ſuch a caſe. My Lord, doe what in you lies to make US ſuch a people. You cannot honour London more, then by reforming London.
You cannot honour Your-ſelfe more neither. This will be your everlaſting honour and renowne, not that you had the Keyes of the Citie committed to You; but that You provided for the ſafetie of the Citie; Not that you (bore) the Sword of the Citie; but that you (drew) that Sword to deſtroy wicked doers, and to cut off all the workers of iniquitie from the Citie. Pſal. 101. ult. Not that ſuch a yeer you was Londons Governour; but that ſuch a yeer you was Londons Reformer. It was not the honour of Aſa, Hezekiah, Joſiah, &c. that they were Kings in Iſrael; ſo was Jeroboam, and ſo was Ahab, and ſo was Manaſſe, &c. but that they reformed Iſrael; puld downe Images, cut downe groves, deſtroied Idolatrie, reſtor'd Religion to its puritie, made the Church pious, the Common-wealth proſperuos. Doe it therefore my Lord. 'Twill be your Renown throughout all generations. And when others, that ſtand like Cyphers in their places, and have a name only to be Agents in this great tranſaction, ſhall be forgotten; the children that are yet unborn, ſhall riſe up and call you bleſſed; and this ſhall be your happy memoriall, that you was, The repairer of the breaches, the reſtorer of the paths to dwell in.
You cannot profit London more neither. 1 Tim. 4.8.Godlineſſe, it is profitable to all things. Entitles perſons, and ſo places too, to all the promiſes, of protection, proviſion, preſervation, &c.
You cannot fafeguard it more neither. Religion, Reformation, it's corporis politici neruus, the Sinews of a Common-wealth, and ſo the ſinews of a City. And what glorious things are ſpoken of ſuch a Citie in the Word of God? That God will create upon every dwelling in it, a piller of a cloud by day, and a piller of fire by night, Eſay, 4.5. alluding to that, Exod. 13. That the Lord will make it a defenced City, Iron pillers, brazen walls, and that againſt the whol land, againſt the Kings (men of power) Againſt the Prieſts (men of parts) Against the people (headie, tumultuous, violent,) Jer. 1.18. yea, walls of fire, Zach. 2.5. I will be to it a wall ef Fire, ſaith the Lord.Zach. 2.5. If of braſſe only, poſſibly ſome might breake through it, or climbe over it; but of Fire, therefore no approach. Hee alludes to the cuſtome of Travellers, in thoſe Eaſterne Countries, who when they pitch'd their tents at night, were wont to make fires about them, to ſcare away Lions, Bears, Wolves, Foxes, &c. Enemies that for ſtrength are Lions, for fierceneſſe Bears, for crueltie Wolves, for ſubtiltie Foxes, God will be a wall of fire to ſcare away theſe. Nay, yet more, Wals of ſalvation, Eſay 26.1. In that day (that is, In the day of Jeruſalems reſtauration and reformation, as in the former Chapter) In that day, ſhall this ſong be ſung: Wee have a ſtrong Citie, why? Salvation will God appoint for walls and Bulwarks. Nay, yet more; Its place of defence ſhall be the munitions of rocks; Bread ſhall be given it; and its waters ſhall be ſure, Eſay 33.16. A Citie beſieged, though it have walls of braſſe; yea, walls of fire; yet poſſibly it may be ſtarved, and ſo forced to yield that way; But if beſides theſe fortifications without, It has alſo all things for life growing within itſelf, Springs of water, fields of corn, Paſtures for Cattell, &c. and ſo is not ſubject to want by reaſon of its dependence upon forreigne ſupplies, how ſafe were ſuch a Citie, and how impregnable, and unconquerable? Why and ſo ſafe, ſo impregnable, ſo unconquerable ſhould this Citie be, were it a reformed Citie.
As Perſia, the Captive Virgin, ſaid of Athens, being asked, if it were not a goodly ſtrong fenced Citie. Truly 'tis, ſaith ſhee, were but the inhabitants well mannerd. Si incolaebenè morati, pulchrè munitam arbitror. My Lord, what an impregnable, how mightily fenced, and fortified were London, (ſi incolae benè morati) were but the Londoners pious, religious, well ordered, well governed, reformed?
My Lord, two or three things I deſire to minde you of. what ſwarms of poore, lame, maimed, wounded ſouldiers lie up and downe the ſtreets, crying to every one that goes by, one half-penie for Gods ſake, and no man turns back to give a half-penie! what a diſhonour is this to London? and to them what a diſcouragement? My Lord! they have ventured their lives for us, I beſeech you let ſome courſe be taken, that they may have a livelihood amongſt us.
And oh the many poore, ſad, deſolate, widdows; and the many fatherleſſe children, that this warre hath made! My Lord, ſhould you come into a family, and there ſee the mother ſighing; and the children ſtanding about her weeping, and crying bread, bread; and ſhe has no bread, unleſſe it be the bread of teares; if you looke into her Cupbord, there's no bread there; if you look into her purſe, there's no monie there, to buy bread; if you looke into her ſhop, there's no trading there to fetch in monie; no emploiment; no work that ſhee either has, or knows where to have; would not this be a ſad ſpectacle, my Lord? would it not make your bowels earn? God knows there are manie ſuch families in this Citie at this day; I beſeech you let them be thought upon. 'Twas Jobs comfort in his diſtreſſe, that he had relieved the fatherleſſe, and made the widdows heart ſing for joy, Job 39.13.
And oh the throngs of beggers that wander up and down the ſtreets! wee can ſcarce crowd in at our Church doores for them. Never had any Kingdome better Lawes in that reſpect, I beſeech you take care that they be executed. Why ſhould there be a beggar in London? There was none in Iſrael. Deut 1… 4Thoſe that are able to work, let them work; or let them ſtarve. Thoſe that are not (throughage, or lameneſſe, or blindneſſe, or the like) let them be provided for.
Were all the penall Statutes executed upon Drunkards, Swearers, Sabbath-breakers, common Gamſters. &c. Of every one, that without reaſonable cauſe, travels upon the Lords Day, ten ſhillings. Of everie one that carries any burthen, or does any worldly work upon the Lords Day, five ſhillings. Of everie one that's preſent at any ſport or paſtime on that day, if above the age of fourteene yeeres, five ſhillings; if under the age of fourteene years, twelve pence. Of everie one that prophanely ſweares, or curſes, for everie time he does ſo, twelve pence. Of everie one that's found tipling in an Alehouſe in the Towne where he dwels, three ſhillings foure pence; and of the Alehouſe-keeper for ſuffering him ſo to doe, ten ſhillings. Of everie one that's drunk, for every time he is ſo, five ſhillings. Of everie Conſtable that neglects his dutie herein, fortie ſhillings. Of everie one that keeps a common houſe or place for bowling, tennis, dicing, carding, or the like, fortie ſhillings for everie day. Of everie one uſing and haunting any ſuch houſe or place, and there playing, ſix ſhillings eight pence. My Lord, were all theſe, and manie other the like penall Statutes put in execution; (beſides the reſtraining of theſe God-provoking, Land-devouring, Soul-damning abominations) what plentifull proviſion would there be for the poore?
Looke into the priſons too, my Lord. Oh the world of wickedneſſe that is there! They are verie Nurſeries of all ungodlineſſe. Men that once come there, they learne more villanie there, in one week, then ever they learn'd before in all their daies. Eſpecially now. Never ſuch a ſerpentine generation there; ſuch a viperous brood. Why, what do you mean to nouriſh them in your boſomes; unleſſe you meane they ſhall dig out your bowels? Men that have ſo often ſought, ſome by ſecret conſpiracies; others by open hoſtilities, to take away all your lives. Your lives! A…, & that that's dearer (or at leaſt ſhould be dearer) to you ten thouſand times then your lives, The Goſpell, Religion; Judge if they are worthie for one moment to enjoy their lives; much leſſe to enjoy what they do enjoy, their pots, their pipes, their whores, their games, their ſports, their paſtimes, people of all ſorts ſo freely reſorting to them, &c. Are ours ſo uſed, when they fall into their hands? My Lord thoſe that deſerve reſtraint, let impriſonment be a reſtraint indeed to them; and thoſe that deſerve to die, let them die; hang them up before the Lord as the Gibeonites did Sauls ſonnes, 2 Sam. 21.6. 'Twould be as acceptable a ſacrifice to God as that was; and as pleaſing a ſpectacle to all GODS people.
And one thing there is, which if you would doe (my Lord) would ſtand upon Record to your perpetuall honour; and I beſeech you let me beg it at your hands. That (if poſſible) you would thinke of ſome way, whereby in everie priſon of the Citie, an able, godly, faithfull Miniſter may be maintained to teach them and inſtruct them. It's lamentable to conſider, that in ſuch a place as this, ſo famous for ſo manie excellent workes of Charitie to the bodies of men, the ſouls of men ſhould be ſo neglected.
Looke into Taverns, and Innes, and Alehouſes, and Gaming-houſes too my Lord. Oh the abuſes and diſorders that are there; what drunkenneſſe, what ſwearing, what whoring, what neglect of callings, of families, &c.
Look into the Forts too; and into the Courts of guard. Were ſome appointed to take the forfeiture of everie oath that is ſworne there; there would not be ſo manie oaths ſwore there in a month, as are now in a day.
Looke into the Exchange too. Scarce any difference to be ſeene there betwixt the Lords Day, and other daies; ſuch reſort of people thither, to walke, to talke, to tell news, to heare news, &c.
And then for the Lords Day, I confeſſe ſomething has been done of late for the better obſervation of the Lords Day; An Ordnance has been paſſed; But what's an Ordnance without execution? Execution in policie, it's like elocution in Oratorie, It's primum, ſecundum, tertium, the prime, the main, the all in all; the verie life of the Law indeed. And therefore Ariſtotle calls the Magiſtrate foreign, A living Law.
Now the Lord helpe you! you have more worke to doe then I can ſpeake; And Oh that you could even exuere hominem, & induere Angelum; Even ceaſe to be a man, and become a verie Angell! The Lord make my Lord wiſe, as an Angell of God!
This conſider my Lord; what ever ſin is in your power to reſtrain; if you do not reſtraine it, you commit it. What ever good is in your power to advance; if you doe not advance it, you hinder it.
This conſider too (my Lord) you muſt be accountable. Give an account of thy ſtewardſhip…, Luke 16.2. and what doe you know, but that the Stewardſhip of your office, and the Stewardſhip of your life may end together. Take heed therefore now what you do; leſt then you crie out (with him) what ſhall I do? It's but a yeere my Lord; your time is but ſhort; take heed what you doe in this little inch of time; leſt you crie out to eternitie, what ſhall I doe? I have ſaid yee are gods; But yee ſhall die like men, Pſal. 82.6, 7. Gods; But mortall gods. You muſt die my Lord. That gold chain, and that ſcarlet robe, and that magnificent attendance, you muſt lay it all aſide, and ſtand naked before the Judge of the whole World, and hold up your hand at that laſt and great Tribunall, and be accountable what you have done, how you have lived, how you have laid out your talent, how you have improved that power and authoritie and dignitie God has put into your hands. My Lord, I beſeech you let it be your care (It ſhall be our praier) that you may give up your account in that day with joy, and not with grief.
And then, this conſider too my Lord; you have ſuch advantages in this Worke, as never man had before you.
Such a Parliament, ſo godly, ſo wiſe, ſo faithfull, ſo united together in their deſires and endevours for a Reformation; ſpending their time, and ſtate, and ſtrength, and ſpirits, and all for the common good. My Lord, what can this honourable Citie ſuggeſt to them, wherein they might be helpfull to you in furthering a Reformation, which they would not as greedily imbrace, as you can ſuggeſt?
Such a Miniſterie too. What courſe could you put them upon, wherein they might be ſervicable to you, in furthering and forwarding a Reformation, which they would not take? Doe but you tell them what you would have ſet up, that might ſet up Chriſt, and they will pray it up, preach it up, put to their heads, their hearts, their hands, all they are, or have, or can, even to the utmoſt to lift it up.
Such a mightie ſpirit of praier in the hearts of Gods people too. It's admirable to ſee how the ſpirits of God's people are drawn out in this ſervice everie where. God was never ſo aſſaulted. The reſt of the Almightie was never ſo broken. As he ſaid of that day wherein the Sun ſtood ſtill in Gibeon, Ioſh. 10.14and the Moon in the Valley of Aialon, Never ſuch a day as that before it, nor ever ſhould be againe after it: The ſame may I ſay of this Citie in this reſpect; There was never ſuch a day in this Citie, nor doe I verily believe will there ever be again, ſuch a day of praier. A mightie encouragement. You are backt with ſuch a mightie gale of praier, as never any Magiſtrate in this Citie was.
The ice is alreadie broken too. The worke begun. Aie, and carried on a great way too. What Monſters had your Predeceſſors to grapple with? what a mightie ſpirit of Antipathie againſt a Reformation? what ſtratagems? what plots? what deſperate deſignes? what inſurrections? what tumults? All was in an uprore; and wee were upon the verie brinke of ruine everie day. This is all now huſht, and quaſht in a gracious meaſure. The Cauſe was then more doubtfull; the malignants here in the Citie more powerfull, higher in their hopes too; how did they applaud themſelves, rejoycing and triumphing as thoſe that put off the harneſſe after victorie? How did Rome triumph? & how did the Romiſh faction here in England triumph? It's otherwiſe now. God hath taken off their charriot wheeles (as I may ſay) and though they drive ſtill, yet bleſſed be God, they drive but heavily. And what heards and droves of vitious, ſcandalous, ſuperſtitious Miniſters were then in the City, what a deal of unſavorie ſalt? That's now caſt upon the dunghill. And what ſwarms of Atheiſts, Papiſts, prophane perſons, that are now gone? and what a deale of doe about a Service-Book, and about a ceremonie, and about ſuperſtitious pictures, &c? Our Worthies in Parliament were at a ſtand, knew not what to doe; every one was at his wits end, knew not what courſe to take.
The beginnings of reformation evermore meet with the greateſt difficulties, and with the ſtrongeſt and mightieſt obſtructions and oppoſitions. Iſraels greateſt ſtrait was at the red ſea. Indeed, when they were in the Wildernes, there they met with difficulties; full of wants, wanted bread, wanted water, and (which was worſe) wanted faith, wanted patience, and thei'l back again into Egypt, and 'twas better with them in Egypt, &c. Enemies came out againſt them too, fighting enemies, ploting enemies, conjuring enemies. Full of ſtraits they were in the wilderneſſe; But their greateſt ſtrait was at the red ſea. Bleſſed be God, we are got through the red ſea, wee are in the wilderneſſe; yea we are (we hope) upon the very borders of Canaan; and who knows my Lord, who can tell, but that even You may be the Joſhua, that may bring us into the very poſſeſſion of that good land? However, flag not in your attempts; let your aymes be high. Doe what you can. Let no ſuch (But) ſtand upon your name, as we finde ſtanding upon the names of ſome of the Kings of Iſrael, who yet were good men too; They did this, and they did that, they did thus and thus (But) But the high places were not taken away;1 King. 15.14. There was an imperfection in their reformation.
A Word or two to the people now, and I have done. And firſt, Is this ſo? Are Judges and Magiſtrates above all men in the world, to be ſo wary and circumſpect? Who wonders then to ſee Saul running away, 1 Sam. 1….22.and hiding himſelfe among the ſtuffe, when he ſhould be anointed King? To ſee wiſe, and grave, and conſcientious men, that underſtand the weight and charge of Magiſtracie, willing to wave it? unleſſe they ſee a divine ſuffrage, a vote from heaven, a cleer hand of providence calling them out unto it. Oh that I were made Judge (ſays one) and that every man that hath any ſuit or cauſe might come to me! But who was it that ſaid ſo? It was Abſolom, a heady, raſh, inconſiderate young man, a wicked man, a Tyrant, a Traitor. Others, they cry out as 2 Cor. 2.16Paul, foreign, who is ſufficient for theſe things? It's true, there's honour in it; but withall there's burthen in it too. And a burthen (humeris vel Angelicis formidandum, as Bernrrd ſayes of the Miniſterie) too heavie for the ſhoulders of the verie Angels.
Uſe 3.Againe. Is this ſo? Had Magiſtrates above all men under heaven need to be men of ſuch marvellous warineſſe and circumſpection? Oh then pitie them Chriſtians, pitie them.
Pray for them too. Good people, for God ſakes, let me beg your prayers this day, for them whom God hath ſet over you in the place of Magiſtracie. There are divers and ſundry vertues and graces required in Magiſtrates, Beg them of God for them. As
Firſt, beg wiſdome and underſtanding for them.2 King. 3.9 Underſtanding in the law of God; underſtanding in the poſitive Laws of the Kingdome; that they may be able to diſcerne betwixt good and evill; betwixt right and wrong. How ſhall they be able to determine according to Law, if they do not underſtand the Law?
Secondly, beg valour, courage, fortitude, magnanimitie. Magiſtrates ſhould be men of courage; and further then God makes them ſo, they cannot be ſo.
Thirdly, Humilitie too. That their hearts be not lifted up above their brethren. That they be not proud, haughtie, &c. but may behave themſelves in a ſweet, lowly, loving way to all.
Fourtly, The true feare of God too. 'Twill reſtraine them from all evill; conſtraine them to all good. Therefore Let the feare of the Lord be upon you, ſaith Jehoſaphat. That they may not only know what is juſt, and execute what they know to be juſt; but that there may be integrity in their executions.
3 Help them. Put to your own ſhoulders. The burthen is great. One man is not able to beare it alone. Put we under our own ſhoulders therefore, and help wee in our proportion everie one of us. Moſes was the wiſeſt Magiſtrate one of them that ever was; yet notable to bear the burthen of the people alone; therefore hee chuſes 70 Aſſiſtants, or 70 ſubordinate Rulers and Magiſtrates that ſhould beare the burthen with him; He called them in partem ſolicitudinis. His eaſe required it. The peoples neceſſitie required it. And ſo God ordered it. Numbr 11.17. And ſuch are you the right worſhipful Aldermen of this Citie, in your ſeveral Wards. You the Deputies alſo. You the Common-Councell men alſo. At leaſt you ſhould be ſuch, you ought to be ſuch; Aſſiſtants, namely, to the ſupreame Magiſtrate. Be ſo therefore. Concurre as Aſſiſtants. Oh helpe, helpe all you can to to finde out offences; To informe; to reforme. See you do it.1 Tim. 5.21. I beſeech you heed what I ſay: ſee you doe it. I I charge you before God, and the Lord Jeſus Chriſt, and the elect Angels, as you will anſwer your neglect in that laſt and great day; ſee you doe it. If not (beare with mee I beſeech you, I muſt ſpeak it; I cannot approve my ſelf to God, and to mine own conſcience unleſſe I ſpeak it) I call heaven and earth to witneſſe againſt you this day, that all the ſins that ſhal be cōmitted in London, from this very day, cauſed by your negligence, connivence, indulgence, they are your ſins; you are the Drunkards of London, you are the Swearers of London, you are the Sabbath-breakers of London, &c. Helpe therefore I beſeech you, and aſſiſt what you can.
And ſo let us All; even every one of us in our ſeverall ſtations and proportions. Oh that we would doe ſo! Oh that the hand of God might be to give us one heart! 2 Chron. 30 12.as 'tis ſaid of Judah, in Hezekiahs time. That there might be a concurrence, a confluence of deſires, of endevours! That wee would, even All of us be active, vigorouſly active this way! That ſo all of us in our places, as ſo many Rivolets, contributing our ſtrength to the publike current,Amos 5.24 Judgment might run down as waters, and righteouſneſſe as a mightie ſtreame, and know no ſtop nor reſiſtance!
Errata.
PAge 1. for 2 Cor. 19. r. 2 Chron. 19. p. 3. l. 2. f. percipitant r. precipitant. p. 7. l. 7. f. Reges, r. Regis, p. 8. l. 21. f. omnicient, r. omniſcient, p. 8 l. 20. f. language. r. languages. p. 14. l. 12. f. foreign r. foreign, p. 16. l. 30. f. nimus, r. nimis, p. 20. l. 25. f. mortall, r. immortall, p. 26. l. 2. f. drunkard, r. drunkards.
End of the text · Elidad Blackwell, A Caveat for Magistrates (1645)