The Beautify of Magistracy, Part 3

The Beautify of Magistracy · Part 3

p. 203V…RSE 3.

Defend the Poor and Fatherless, do Iustice to the afflicted and needy.

V…RSE 4.

Deliver the Poor and needy, rid them out of the hand of the wicked.

HAving finisht the Reprehension, and shewed Negatively what Judges must not do, viz. they must not Judge unjustly, nor respect persons: Now we come to the Direction, where the Lord teacheth them and tells them Affirmatively what they must do. viz. they must defend the poor and fatherless, and succour such as are in distress: So that having dehorted them from the Vices which are more especially incident p. 204to Rulers, he now exhorts them to the contrary Vertues. So that here we have a clear description of the Magistrates duty which consists princicipally of two parts. 1. To defend the good. 2. To punish the bad; both which are also mentioned by the Apostle, Rom 13. 3.

This counsel of God (saith Luther) is worthy to be written in Letters of gold on the walls of all Judicatories. It may fitly be termed Gods Charge to Magistrates. They give charges to men, and here God gives four things in charge to them.

viz.

1. To defend.

2. To do Justice.

3. To Deliver.

4. To Rescue.

2. The Object or the Persons whom they must thus Protect

1. The Poor.

2. The Fatherless.

3. The afflicted.

4. The needy.

As if the Lord had said, This is your main business, and therefore let it be your great care, to defend the poor, succour the afflicted, and support the fatherless, and to help him who hath no Helper. As the proper work of the Physitian is to cure the sick, and of a Minister to comfort the weak, so of a Magistrate to defend the Poor, and vindicate the Oppressed from the violence of the Oppressor.

Question.

Must not the Magistrate defend the rich man in a righteous cause as well as the Poor? must he not execute Iustice for him as well as for the needy? Why then doth the Lord here only mention the poor?

p. 105Answer.

Tis true, Magistrates must execute Justice for rich men as well as for the poor: yet since the poor are most subject to injury, therefore the Magistrate must be more careful to defend them. The poor are low in condition, and are often laid lower by Oppression: now God hath raised up Magistrates for this very end, to protect them in their low condition, and to lift them up when they are laid lower by oppression.

2. As for Rich men, the world loves her own, especially her White Sons, her Great and Prosperous Children, so that their causes are sure to be heard, and their right improved to the utmost who have so many**Auro loquente quis tace…it? Angels to appear for them. Rich men have many friends, Prov. 14. 20. Where money is stirring, let the cause be never so unjust, yet oft-times might overcomes right, so great an influence hath riches upon the Rulers of this world. So that tis needless to bid Rulers plead for Rich and Mighty men. Besides, men are afraid of wronging great ones, because they have great power and many friends to Vindicate them against the wrongs of any.

3. There's an aversness and backwardness in our Natures to help the Poor, who have no gifts nor friends to side with them, who have nothing to plead but only the justness of their cause. Men that are in Poverty and Adversity find few friends; Hence tis that the poor is oft hated even of his own neighbours, (Prov. 14. 20. & 197.) but the lovers of the rich are many. The poor Procigal is called This thy Son, not this my Brother, Luke 15. 30.

4. Where the hedge is low, men are apt to get over. When men are poor, then great menespecially are apt to trample on them,Dente timentur …pri, defendunt cornua cervos; Imbelles damae, quid nis… praeda sumus? Martial Epigr. l. 13. ep. 95. 1 Sam. 18. 23. hence tis that God layes such special Injunctions on the Magistrate to see to them. The Birds of prey can shift for themselves, p. 106selves, but tis the poor Dove that is made a prey. Hence the Fatherless, the Widow, the Poor, the Stranger and the Oppressed are …oked together in Scripture, because in respect of their weakness they they are more lyable to wrong, (Deut. 14. 29. Psal. 10. 18. Mal …3▪ 5. Iames 1. 27.) Tis not the Asse of the rich, or the Ox of the mighty, but tis the Ass of the Fatherless, and the Ox of the widow that is taken away, Iob 6. 27. & 24. 3.

5. The Lord speaks here to unrighteous Judges, who sided with the rich and turbulent oppressors of the poor; and to make his Exhortation take the deeper impression, he multiplies words, and doth as twere bid them Defend, Defend, Defend. Whom? The Poor, the Poor, the Poor. As the Lord said of Ierusalem, I will overturn, overturn, overturn it; i. e. I will speedily and certainly overturn it, Ezek 21. 27. So the**V. Schools-Guard, Rule 43. doubling and trebling of the duty and persons here is very Emphatical, and notes Gods earnest affection and desire to have the poor and fatherless speedily and certainly defended against the oppressions of the mighty.

Defend the poor, i. e. defend the cause of the poor, since he cannot defend himself. Or, Judge for the poor and fatherless (as tis in the fountain) i. e. in your judgement vindicate them and their just causes from the Sons of violence.Shiptu dal. judicate pro tenui. Mont. They are Gods Clyents, and therefore they should be the Judges care: for this end God hath set them in his stead, that they might defend those who cannot defend themselves, and use their Power for the good of those who have no power, Iob 26. 2. The Hebrew word Dal which we render Poor,The word Poor, is a comprehensive word, including in it all sorts of Poor▪ comes from Dalal to spend or consume; and is applyed to the weak and sickly, whose health is spent (Gen. 41. 19. 2 Sam. 13. 4.) and to the poor whose wealth is wasted, (Psal. 41. 1. & 72. 12, 13. … & 113. 7.) and they fallen into decay, Lev. 25. 35. The word is opposed to rich men, who p. 107in Scripture are called great men, full and fa…, Psal. 78. 31. and only men of wealth, Ruth 2. 1. Ier. 49. 32. Now tis not these full and fat ones who have many friends, but tis the lean and weak man, that is poor in purse, sickly in person, and many other wayes brought low; tis these poor hopeless, helpless ones that Rulers must have a care of. Tis not only their duty but their Glory so to do, Iob 29. 11. to 18.

And Fatherless.] or the Orphan, that hath no father or friend to help him,Ia…om, Pupillus Orphan…. Lam. 5▪ 3.Lam 5:3 but is forsaken of all. The word signifies one that hath lost his sight, because he that hath lost his parents is deprived of the light of counsel and direction how to carry himself in the world;foreign ab foreign tenebrosus, quod liberi quodammodo amittunt lucem & pupilla… oculo…um, amiss…s parentibus. Minshew. as God delights to help those who cannot help themselves, (Prov 23. 10, 11.) So must earthly Gods. The word is rendred by the Septuagint, Poor; indeed the poor and fatherless are oft joyned in Scripture, and are Synonyma's, being put for one and the same person.; as Psal. 10. 14. The poor committeth himself to thee; thou art a Father to the fatherless. He that is called Poor in the beginning of the Verse, is called fatherless in the end. The word is taken sometimes properly, for one that hath lost his Father. 2. Metaphorically, for such as are in deep distress and have no helper. Now we are not to restrain the sense here only to Orphans; for he that is a Father, may be called fatherless; and the child that hath a Father, yet may be called fatherless; when he extreamly needs the help either of God, or man, Hos. 14. 3.

Do justice to the afflicted and the needy.] or as the Original runs, Justifie the afflicted. q. d. if his cause be just, fear not to Justifie him, and pronounce him Judicially just and innocent. Many unjust Judges will hear the causes of the poor; but when they have heard them and found them to be right,Hitsd…ku, justificate, absolvite, & justum pronunciate, yet they p. 108do not justifie them, but the wicked. The Afflicted and the poor are joyned in Scripture, (Zeph. 3. 12.) because poverty is usually accompanied with many afflictions. The word Gnani which we render afflicted,Humile… & … ju…ificate. Vulg Lat. signifies also to be Humble and Meek (Zach. 9. 9) for as Riches make men cruel and proud; so affliction makes men humble and lowly.

And needy.] Properly the word signifies a poor man that hath lo…t his goods,Rash paupe, from Rush, depau…erdri, to be impo…risht or made poor. and so is brought to poverty and misery, whether by oppression or otherwise. These are called the Poor of this world James 2. 5. and the poor of the earth, Job 24. 4. Amos 8. 4.

Verse 4.

Deliver the poor and needy, from the violence of the mighty; the same is again repeated to make the deeper impression,Eb…on, …, a poor, indigent, needy creat…re, from Abab …, because the poor that have nothing, desire food, rayment, money and such things as they want. and to shew how earnest God is to have Judges put it in execution. God drives this nail to the Head with one exhortation upon the neck of another, to fas…en it the better in our hearts and memories.

Rid them out of the hand of the wicked. i. e. free and rescue him from the paws and power of turbulent men, who like their father the Devill, delight in vexing others. The words seem to be a Gradation, and not a bare repetition. 1. Judges must hear the cause of the poor.1. …, 2. Iustificate. 3. Eripite. 2. Having found them innocent, they must justifie them and declare their innocency. 3. They must not rest there,Eripere pauperem de … potentis est senten…am adversus potentem pro paupere justè pronuntiatam executi… ma…dare, & reipsa efficere ut pauper … trimenti à potentiore inimico patiatur. Bellarm. but they must rescue and deliver them as Lambs out of the Paws and Jaws of the Lion. By this variety of words and multiplication of expressions the Holy Ghost denotes unto us all kind of misery which we are exposed to in this world by reason of potent and politick enemies. What ever the misery be, whether in body, goods, or name, (such is Gods goodness) that he would have Magistrates who are his Vice-gerents to take notice of it, and deliver his people out of it.

p. 109Observation 1.

Magistrates must be a Defence to the poor and fatherless, to the afflicted and the needy. They are that great Tree which must shelter such as are under them from storms Dan. 4▪ 20, 21, 22. They are called Gods, and in this they must act like him whose name they bear. Now 1. Sometimes the poor lie in deep distress, and then the Lord is a Refuge to them, Isa. 25. 4. He hears their cry, (Psal. 34. 6. & 69. 33.) whether it be vocal or virtual; for sometimes the poor mans afflicted condition cryes though he say nothing, and God hears this cry, Psal 12. 5. for the oppression of the poor will I arise: though the oppressed should not Vocally cry, yet their very oppression Virtually cries for help, Iames 5. 4.

2. Sometimes they lie in the dust, and then he raiseth them (Psal. 113. 7.) they lie amongst the pots and are sullied with affliction, yet then he makes them beautifull like a Dove, Psal. 68. 13.

3. Sometimes they are environed with mighty enemies, and then he rescues them, Iob 5. 15, 16.) by cutting off their oppressors, and comforting the oppressed, Iob 36. 6, 15.

4. But specially the godly poor, God is very tender over these: he that to…cheth them to hurt them, …oucheth the apple of his eye. These are his Jewels, his Glory, his Portion, his Pleasant Portion, his Inheritance, his Dove, his Spouse, his annointed ones: and if Kings wrong them, he will rebuke even Kings for their sakes, saying, Touch not mine anointed, Psal. 105. 15. Amos 2. 6. God visits for such sins.

5. As for the fatherless who are exposed to much sorrow (and therefore Christ promiseth his Disciples that he will not leave them Orphans or fatherless, I…hn 14. 18.) God hath stiled himself a Father to them, Psal. 68. 5. Hos. 14. 3. 2. He hath made many Laws for them, Exod. 22. 22 De…t. 16. 11, 14. p. 110& 24. 17. & 26. 12, 13. and curseth those that wrong them, Deut. 27. 19. 3. He chargeth Magistrates in the Text to be tender over them So Isa. 1. 17. Iob 29. 12. & 31. 17, 18, 21. 4. When Magistrates are negligent in defending them, he hears their cry, and threatens to visit for that sin, Isa. 1. 23, 24. Ier. 5. 28, 29. & 21. 12. Mal. 3. 5. 5 If Magistrates will not plead their cause, yet God will, D…ut. 10. 18. Psal. 10 ult. & 146. 9. Prov. 23. 11.

6. S. Iames… sums up all religion (as twere) into this one duty. Tis not enough that we Hear, Pray, and Worship God, but we must also love our Neighbours, and shew pitty to the poor and fatherless, without which all our profession is vain, Iames 1. 27. Now Magistrates in their capacity and calling must resemble God, they must be a Refuge to the poor, a Father to the fatherless, and a comfort to the comfortless. Iob who was an eminent Magistrate in his time, how tender was he over the poor and fatherless!Mens necessities are many, but most of them spring from Ignorance and want of Skill, or Impotency and want of power, both noted here by blindness and lameness. Iob was a guide to the blind, and a staff to the lame, leading the one, and supporting the other. D. Sanderson 1. ser. ad Magistr. p. 162▪ he was eyes to the blind, feet to the lame, a father to the poor; and the blessing of him who was ready to perish came upon him, and he made the widows heart to sing for joy. Iob. 29. 12. &c. 30. 15. & 31. 17, 21. especially he must defend the Godly Poor, who are oft contemned by the high and haughty of the world for their poverty, and hated for their piety. These commit themselves and their cause to God (Psal. 10. 14.) and therefore they are called His poor, by a …pecial propriety, (Psal. 72. 2.) He, speaking of Solomon, shall judge thy people with equity. Gods Deputies must be tender over those whom God so tenders, that he prizeth them above all the world besides.

Do justice.

Observation 2.

As Magistrates m…st administer Iustice unto all, so p. 111especially to the afflicted and distressed. These are most lyable to injury; and therefore if Justice incline to any side with favour, it should be towards the poor. This is the very end why Rulers are set up. viz. to execute judgement, and do Justice amongst the people, Isa. 56. 1. Hos. 12. 6. Amos 5. 24. Zach. 7. 9. Therefore tis that David prayed for his Son Solomon, that God would give him a clear understanding and right judgement to discern between good and evil; and an upright heart to walk answerable to light received, that so he might Iudge the people with righteousness, and the poor with judgement, Psal. 72. 1, 2. and Solomon himself makes the like prayer, 1 Kings 3. 9. and the Queen of sheba tells him that God had raised him for this end, 1 Kings 10. 9. It was the honour of the Kings of Aegypt, that they bound their Judges by Oath, not to act unjustly, no though they themselves should command them so to do. Cloathing is an Ornament, and Diadem is a glory;The first thing we do in a morning, is to put on our cloaths; before we eat or drink, we do this: So should every good Magistrate prefer publike Justice before his own private affairs, much more before his Jades, his kites, his Curs and pleasures. D. Sanderson 1. Ser. ad Magistratum. p. 155. all Magistrates like Iob should put on righteousness as a robe, and judgement as a Diadem. Job 29. 14. So did Christ, Isa. 11. 5. This was Davids honour, that he executed Justice and Judgement to all his people, 2 Chron. 18. 14. This is so lovely a thing, that Absclom when he would entice the people from David, tells them, that if he were made Judge in the Land (though David did not) Yet he would do them justice, 2 sam. 15. 4. As Injustice is all Vice, so Justice comprehends **foreign. A ist. Etbick. l. 5.all Vertue, so excellent a thing is Justice. This is our duty, Micah 6. 8. as every man in his place must do justly, so specially the Magistrate.

2. Tis our Security, Isa. 33. 15, 16. it establisheth Thrones, Prov. 16. 12. & 29. 14. Ier. 22. 3, 4. and preserves a people from ruine,V. Mr. Ant. B…rges his S…r. on Psal. 106. 30. p. 2. Preacht 1644. and Dr. S…ndersons Ser. on the same Text, p. 238. Mr. … on Ezek. 1▪ 14. p. 74.Ps 106:30Ezek 1:14 Amos 5. 15. There is no one thing (religion excepted) that doth more secure and adorn a Nation then Iustice doth. Tis both Col…mna & Corona Reipublicae, it is a Prop to make it subsist firm in it self, and as a Crown to render p. 112it glorious in the eyes of others. Tis as the Cement in the building, which holds all together. Take this away, and Nations will quickly run to ruine,E… resp ad interitum inclinant in quibuss bo…i à malis …hil disferunt. Antisthenes. Ier. 5. 1. & 21. 12. Gall is bitter, and Hemlock is poysonous; now when Judgement is turned into Gall, and righteousness into Hemlock, judgement is not far from that people, Hos. 10. 4. Amos 6. 12. The Law thunders out curses against such as pervert judgement, specially the judgement of the fatherless and the widow, Deut 27. 19. Prov. 24. 24.

3. Tis our Glory. Righteousness exalts a Nation, Prov. 14. 34. and brings a blessing on it. Tlse Lord bless thee O habitation of justice, Ier. 31. 33. So that what Solomon saith of Wisdom is most true of Justice, Exalt her and she shall exalt thee to honour, she shall be to thee an Ornament of grace, and a Crown of glory shall she deliver to thee, Prov. Pinguior … mactari Deo noil po…est quam h… m… sceleratus.4. 8, 9. Justice and Judgement is more acceptable to God then Sacri…ice Prov 21. 3. without it all duties are an abomination,See six Motives to quicken Magistrates to do Justice, in Mr. Taffy … on Amendment, p. 122. 354. and ten more in Mr. Levisy, Iehosophats charge, P. …5. 80, &c. Clerks M…rror. chap. 74, 75. Isa. 1. 15. Amos 5. 21, 24. and our prayers in vain, Iosh. 7. 20.

A Heathen could say, that the choicest gift that ever God gave to man (considering what miseries he is subject to) was government by justice,Plat… de Repub. lib. 4. which bridleth and reftraineth the presumption of the furious, preserveth the innocent in his honesty, and yieldeth equally to every man his due.

Now that Justice may be rightly dispensed to all, seven rules must be observed.

Do Justice

1. Discreetly.

2. Speedily.

3. Impartially and Universally.

4. Resolutely and Couragiously.

5. Righteously and Exactly.

6. Soberly.

7. Diligently.

1. A good Magistrate will execute justice Discreetly; p. 113he is not rash nor heady, but he ponders all Circumstances of person, time, and place, and judgeth accordingly. Now as a word spoken in season, (or as tis in the fountain) a word set upon its wheels, having a due concurrence of all Circumstances,… super rotis su…. is like Apples of Gold in pictures of Silver, not only ly delightfull to the eye, but profitable to the possessor; (Prov. 25. 11.) so an act of Justice rightly circumstantiated is both pleasant and profitable. He must not regard bare accusations,In capital causes especially del…beration must be used. V Godwi… I…wish An…iq. lib. 5. cap. 6. p. 195. for who then should be innocent? Christ himself was accused for a Blasphemer and an Enemy to Caesar, and the Apostles were called Deceivers, and yet they were true men, (2 Cor. 6. 8.) Besides wicked men are very subtile in concealing, forging and wrapping up their sinfull practises,(Micah 7. 3.) but a Prudent Magistrate will sift and search out the truth of a matter. (De…t. 17. 4. Iob 29. 16.) For want of this, wise David was overseen, and gave away good Mephib… sheths estate unheard, upon the bare accusation of a self-seeking Ziba,(2 S…. 19. 29.) and it was hard to censure Queen Vash…i before she was heard speak for her self, Hester 1. 19. Twas good counsel (and he did practice it himself) which Al…xander gave to his Judges, that when they had heard one party speak, they should stop one ear to hear what the other party could say for himself.See more Directions in Mr. Lawson his Body of Divinity, on the ninth Commandment. p. 221, &c. ☜ Tis folly to speak before we know the depth of the matter before us, Prov. 18. 13. God will have both parties heard, Exod 22. 9.

2. Speedily. He must expedite causes, and not make a long harvest of a little crop. Delay oft makes the remedy worse then the disease. To tire out the poor, the fatherless and the widow with redious suits and dilatory courses till they have no means left to prosecute their righteous cause, is an act of great unrighteousness. Christ is described (and a Magistrate cannot follow a better coppy) to be one that seeketh judgement, and executeth justice p. 114speedily, Isa. 16. 5. So did David, Psalm 101. ult.. As tis ill to do right rashly, so tis a wrong to do it delayingly; and as they do a double courtesie who do it speed…ly, so they do double right who do it (though discreetly and deliberately) yet quickly. When the Poor woman petitioned Philip King of Macedon to hear her cause; he answered, that he was not at leisure; then (said she) Be …ut King: The King laying to heart her speech, gave speedy audience, not only to her, but to all men from that day forward: and the Emperour Tr… jan on horseback ready to go to battle, alighted to hear the complaint of a poor woman.

Impartially and Universally to All▪ without fear of foes, or favour to friends. As Gods justice knows no Relations,Exuit personam iud…cis, quisquis amici …. Ci…ero (Isa. 27. 11. Ier. 22. 4, 24.) So Magistrates in point of Justice must know none. Levi (in this case) did know neither Father nor Mother, Brethren nor Children, (Deut 33. 9.) David punisht his Abs…lom with a three years banishment for his sratricide, 1 Kings 13. 38. King Asa deposed his own Mother for her Idolatry, 1 Kings 15. 13. and that resolution of Saul was Heroick (if it had been well grounded) Though the fault be found in Ionathan my Son, he shall surely dye, (1 Sam. 14. 39.) Tis excellent, but hard, to censure those we love. Tis the causes Equit… ▪ and not the persons Intimacy that must sway us; if the person be wicked, though he be never so neerly rela…ed to thee, Punish him; as that Noble Roman did his Son for siding with Cataline Te Patri… genui, non Catalinae; and as that man who pleaded kindred, My Lord I am your Kinsman (said the prisoner) Are you so? said the Judge; why then you shall have a higher Gibber erected,… that all the world may see that I will do Justice to a Kinsman. When Zaleucus had made a Law against Adulterers, that whosoever should be found guilty thereof, Exocularetur, he p. 115should have his eyes put out: It so fell out, that his Son was the first offender: whereupon sentence was pronounced, and execution ready to be done; The people intreating the Judge his Father to pardon the fault, upon deliberation he put out one of his own eyes, and one of his Sons, and so shewed himself Pium Patrem, & justum Iudicem; a good Father, and a just Judge. As Aristotle said sometimes, Amicus Secrates, &c. S…cr…tes I love, and Plato I love, but I love the truth above them all: So say you, My friends I love, my kindred I love, my children I love, but Justice and Judgement I love above them all. Justice is pictured blind with a Sword in one hand,V. Plutarch de Iside. and a ballance in the other; it cannot see a Rich man from a poor, nor a friend from a foe. It makes not the Law like a Spiders Web, which catcherh little Flies, whilest the great ones break thorow. It knows that one sinner (one Achan, one S…ul, one Ahab unpunisht destroyes much good, Eccles, 9. ult.

4. Resolutely and Couragiously. Judges must not fear the faces or the frowns of any: for the Judgement is the Lords which they execute, who will defend them in it,**Magistrates must be Anschci Cha…l, Viri vir…tis, Valiant men. Exod. 18. 21. Deut. 1. 17. Nehem…ah (Chap. 6. 11.) will not fear not fly, but stands it out against all the Plots and Power of Sanballat and his confederates. Gods Ioshua's and Zerubbabels must be strong and of good courage,…udex neminem ti…e at nis… se…psum. Ioshua 1. 9. Hag. 2. 4. Hence Constantine is stiled a man-child for his courage,See many Reasons why Magistrates should be couragious in Dr. Sandersons 1 …er. ad Magistratum. p. 176, &c. in venturing for the Churches Weal. The Lord himself is a Shield and Sanctuary to the Shields of the earth: he is on their side, and therefore they should not fear what man can do unto them (Psal. 56. 5. & 118. 6.) Inferiour creatures when backt by a Superiour, are full of spirit. A little Dog will venture on a creature far stronger then himself,Fiat justitia, & …uat mu… dus. when his Master stands by to back him. Do Justice faithfully, and then let the world fall on thee, it shall never hurt thee; if any dare to do injustice, do p. 116not thou fear to do Justice on him. Solomons Throne was upheld by**See how Magistrates must be like Lions in seven particulars, in M. Iohn Carters Ser. at No…wich on Revel. 5. 5. p. 120. Stiled the Lion.Rev 5:5 not by fearfull Harts and Hares (2 Kings 10. 20. 2 Chron. 9. 18, 19.) intimating that Magistrates should be such for magnanimity and courage. The Pillars of an house had need to be heart of Oak; Magistrates are the Pillars of a land, and therefore had need to be solid, seasoned, resolute, undaunted men, that will not warp for fear or favour, for Threats or Gifts. These Shields of the earth must look for Darts sometimes from Superiours, anon from Inferiours, and if they be not well steel'd, to flatter the one, or please the other, they will fail in duty. None but noble raised spirits can hold out in doing well,Bene …acere, & … audire, regium est. Seneca. though they hear ill for their pains. There are three dogs which Luther would not have Ministers to bring into the Pulpit with them.

Viz.

Envy.

Pride.

Coverousness.

And there are three sins which no Magistrate should bring to the Seat of Justice with him.

Viz.

Pufillanimity.

Malice and Anger.

Covetuousness.

1. A Pusillanimous man dares not say nay to an unrighteous motion for fear of the displeasure of the people, or of some great man. It was their sin that condemned Naboth for fear of displeasing Ieztbel; It is a good clause which I have read in Minshew, that in the Oaths of the Kings Justices, They shall swear to do right, notwithstanding the Kings Letters. An. 18. …dw. 3. 4.and Pilate for fear of Caesar condemned Christ, though he found him innocent, and knew that he was delivered to him of envy. Pauls cause was good, yet Felix will not free him, because of the people. Darius to please his Princes, sends Daniel p. 117to the Lions Den, though with some regret. So King Zedekiah over-awed by his Princes, delivers Ieremy into their hands, Ier. 38. 5. Inordinate fears are very prejudicial to men in Publike places: such fear slaies a man whilest he lives, and buries him before he is dead, Isa. 22. 2. it enfeebles and dispirits a man, so that he cannot act so freely as becomes him. The fear of man is a snare,foreign. Aris…ot. (Prov. 29. 25.) and every coward (saith Aristotle) is a murderer. As all Christians, so Magistrates then especially had need to be men of good courage;See Mr. Ash his Ser. on Psal. 31. 24 preacht 1642.Ps 31:24 and the rather, because they must oppose the Torrent and current of the sins of the times they live in.

2. Malice and Anger become not a Judge. Spite will never do right. Malice puts men upon revenge. Micaiah must to prison though he prophesie nothing but truth: and why so? for I hate him, Affectus u…i judicat, ibi ratio claudicat; & ubi est fervid… vindicta, ibi no… temperata …ustitia.said Ahab. Aristides (though a Heathen) said well; when sitting as Judge between two persons, the one charged his adversary with great wrongs done to Aristides; he answered, Friend, tell me only what he hath done to thee, for I sit here to do right to thee, and not to my self.

3. Covetousness. A Magistrate must not only be free from it, but he must h…te it, Exod. 18. 21. a man that is greedy of gain, will Transgress for a morsel of bread. (Prov. 28. 21.) a poor reward will put him out of his way. This sin is the root of all evil, Bribery, Symonie, Sacriledge, Partiality, Tyranny, Time-serving and turning of Judgement backward; (Isa. 5914.) these are some of those fruits of this bitter root. Such will sell their Wit, Parts, Power, Conscience, Religion and all for money. I have read of many Sa…es, as Sale-winds by**V. Heylings Geogra. in Lapland. Witches, Salechurches by Patrons or rather Latrons, Sale-hands by Mercenary Soldiers; but Sale-Justice and a Salesentence is one of the worst Sales, for it makes the just man a sinner, and takes away the righteousness p. 118of the righteous from him. This Solomon lookt upon as a**Non in homines debent imperium hab re, sedin belluas qui publ…co…um Officiorum Functionibus, non quid ex us… sit publico, sed quid rei private serviat, quaerunt. Luther. great evil, Eccles. 3. 16 he saw the place of Iudgement, and lo wickedness was there. To find wickedness in Taverns, Theaters, or Mountains of prey, is no wonder; but for Seats of Justice to be full of Injustice, this is gall and hemlock indeed, Amos 6. 12. These love Diclectum Doricam, They love foreign, dona.the Dorick Dialect (as one phraseth it) they are all for gif…s, like those in Hosea's time, (Hos. 4. 18.) her Rulers with shame love Give ye, i. e. in a shamefull sordid manner they call for Gifts and Presents,Siquis honorem verum amet, ab omni suspicione captandorum munerum sedulò ca…bit, praesertim in …o constitutus loco, in quo maximè cavendum ne iniquitas venalis fiat. Rivet. crying, Give, Give; Bring, Bring; like the insa…iable horseleech they cry, Hab, Hab; Give, Give, Prov. 30. 15. but will you see the end of such bribers? why fire shall consume their Tabernacles, Job 15. 34.

5. Righteously and exactly. A Magistrate must not only be Iustus, but he must do Iusta, yea and he must do them Iustè. He must hear both parties speak, and then judge righteously between them. They must not wrest nor wrack the Law, to make it speak what it never meant, but with just judgement must they judge the people, L…v. 19. 15. Z…ch. 8. 16. He must dispense justice carefully, constantly, and conscientiously. Justice, Justice he must do, i. e. pure justice (**Iustitiam, Iustitiam i. e. justissimam & puram justtiam. Piscator. See SchoolsGuard, Rule 43 Deut. 16. 20.) not seeming, but real justice; not Justice in part, but entire Justice in measure and degree, without passion, corruption or delay. He must not do an act or two of justice, but it must be his constant work;Iudex ni…il aliud est qua… foreign i. e. Ius quoddam a…imat…m. Arist. tis his cloathing which he must put on every day. His head, and heart and hands must be covered with it, Iob 28. 14. Rulers must not free Ravens, and censure Doves;Distinguendum es… inter poenam sceleram …ure divino definitam, & arbitrio Magistratus relictam. Quoad illam servanda est aequalitas Arithmetica, quoad hanc Geo…etrica. Gerhard. nor loose Barrabas, and bind Christ. This is not execution of justice, but persecuting of the just. They must proportion the punishment according to the offence, and not barely shave the Head, which for its enormities ought be … off. There must be an Accurate, Arithmetical, and Geometrical proportion observed, p. 119i. e. the fact with all its circumstances must be considered, and there must be a Retaliation rendred accordingly. Great sins must have great punishment, and lesser sins lesser punishment. Life must for Life, and Eye for Eye, Gen. 9. 6. Exod. 21. 24.

6. Soberly. He must be a Temperate man, else how will he govern others, that cannot govern himself; or reform others, who is unreformed himself? What the Apostle saith of Ministers, is true of Magistrates; if a man cannot rule himself and his own house, how shall he govern the house of God? 1 Tim. 3. 5. He is not like to help another who hath lost himself. Wine and Strong drink make men forget the Law,In sicco habitat sapientia, non in humid…; fundame… tum ejus est temperantia. Socrates. and pervert judgement. Tis not for Princes to be eating in the morning when they should be judging the people, Eccles. 10. 16, 17. Ier. 21. 12. Judges must be wise and prudent: but when Temperance is gone, where is the Prudence? He that is luxurious and riotous, is not wise, saith the wisest of men, Prov. 20. 1. and therefore Scl…n made a Law, that whatever Ruler was found drunk, should be put to death.

7. Diligently. Tis Gods work, Sudandum est…iis qui Magistratum gerunt; adeunde inimicitiae, subeundae saepè p…o Republica tempestates, cum mul…s audacibus, improbis, non…unquam etiam p…t…ntibus dimicandum est. Cicero pro Sestert.and he is cursed that doth it negligently. Justice must diffuse it self: it must run down as a mighty stream fully, freely, commonly and universally, (A…os 5. 24.) Rivers run by the Poor mans door as well as the rich. It must be their delight to do judgement, Prov. 21. 15. Rulers were not made for pleasure but for labour. They were not born for themselves, but for the peoples good; hence those Titles of Nursing Fathers, Shepherds, Stewards, &c. all which imply a great deal of care and pains.

Observation 3.

Good duties need much pressing. Such is the dulness and indisposition of our natures to the best things, that without much pressing they take little or no Impression upon us: hence, tis that the Lord here calls p. 120on Judges again and again to defend the poor and fatherless, and to deliver the needy out of trouble. So Rev. 2. & 3. Christ calls again and again to hose that have ears to hear what the Spirit saith to the Churches. We …ust have line upon line, and precep… upon precept, and all little enough to make the word effectuall. …is not sufficient to say, I know this and that, but you must love to hear it prest upon you again and again, for your more sp…ritual improvement of it.Verit…s quò notior, …ò cha…or. He that loves the truth in truth, the more he hears it, the more he loves it still. Tis but an Adulterous love to Virgin truth, to be weary of her when you are best acquainted with her, and to cast her off with contempt (as Amnon did Tamar) when you have had your fill of her.

Observation 4.

Magistrates must administer justice orderly. They must not go preposterously to work, and condemn a man before he is heard. But 1. They must fully, freely, patiently, with a sedate, quiet, composed spirit, free from Passion, prejudice and precipitancy, hear both parties speak for themselves: for the Law doth not use to condemn men till their cause be heard, Iohn 7. 51. Acts 25. 15, 16. 2. When upon hearing he hath found out the depth and truth of the cause, then he must justisie and absolve the innocent, and rescue him out of the jaws of the wicked, by executing Justice on him according to his demerits.

Observation 5.

God is very tender over his poor afflicted people. This makes him here once and again to charge his Vicegerents to have a special care over them. None must touch them to hurt them: or if they do, the Magistrate must rescue them; and if they will not, yet God himself will, Psal. 12. 5. he takes the wrongs p. 121that are done to them as done to himself. Prov. 14. 31. & 17. 5. he that oppresseth the poor, reproacheth his maker, and contemns the wise dispensation of God who will have poor intermingled with the rich, as the Vallyes are amongst the Hills, for his own praise. God would have no man opprest, be he never so rich: but specially he hates the oppres…ing of the poor, because low and weak, and cannot help themselves as rich men can. The more unable they are to help themselves, the sooner will God arise to help them: though they be weak, yet their Red…emer is strong, Prov. 23. 10, 11.Gobel, …. Redemptor. A Lapide in locum. Though they be little, yet their Protector is mighty: you may be able to contend with the Poor, but can you contend with the Allmighty who is their Guardian? No wise man will contend with a mightier then himself,See more on this point in Mr. Gatakers …er. on Psal. 82. 7. P. 103, 104▪ 2 Parl, folio.Ps 82:7 nor oppress the Servants and Sons of a Prince that can easily suppress and crush him. The poor and fatherless (when believers) are the Sons and Servants of God, and they cannot escape that wrong them: he hath more then once proclaimed himself their Patron and Protector, Psal. 10. 14. & 68. 5. Hosea 14. 3. Deut. 10. 17, 18. and hath denounced woes against those that hurt them, Isa. 10. 1, 2, 3. Mal. 3. 5. and punisht Ierusalem amongst other sins for this, Ez…k. 22. 7. Many think they may abuse the poor, because they are impotent and cannot help themselves: but see how Solomon counsels these men most excellently Prov. 22. 22, 23. Rob not the poor because he is poor, neither oppress the afflicted in the gate: for the Lord will plead their cause, and spoil the soul of those that spoiled them; q. d. let not his poverty and inability to with-stand thee, encourage thee to abuse him; yea though thou be one of the Magistra…es, a man of power that sittest in the gate, yet know, that there is a greater then thou, who will help the helpless, will plead their cause, and spoil the soul of those that spoiled them, i. e. he will take away the life p. 122of those that take away the estate of the afflicted.

Observation 6.

Oppressors of the poor are cruel Beasts. They get the poor in their clutches, and as the Woolffeeds on his prey, so do they on them, (Psal. 17. 12.) till the Magistrate by his power do rescue them. Hence for their ferity they are compared to Lions, Job 4. 10. W…lves, Hab. 7. 8. Bears, Prov. 17. 12. Dogs, Math. 7. 6. Wild Boars, Psal. 80. 13. To Milners, that grind the poor by their cruelty, Isa. 3. 15. To Threshers, which bruise and oppress the people. Amos 1. 3. To Butchers, that do not fleece but flay the Sheep, Micah. 3. 2, 2. hence their teeth are called Swords, and their jaw-teeth knives; that they may at once devour the poor from off the earth, Prov. 30. 14. Psal. 57. 4. The fourth Beast in Daniels Vision had great Iron teeth, (Dan. 7. 7.) he had teeth, great teeth, Iron teeth, and all to note what …poil that Beast should make amongst the Nations.

Observation 7.

Magistrates must improve their power in rescuing the poor out of the Paws of the Oppressor. To this end they have their power given them, not to oppress the oppressed, or to add affliction to the afflictions of the afflicted; but that they might resemble God, who is a Father to the Fatherless, and the poor Mans Resuge. Hence they are called Shepherds; As the Shepherd defends the flock, and rescues his Lambs from Lions and Wolves; so must the Magistrate by his power defend the Lambs of Christ from the Sons of Violence. So did Iob, Chap. 29. 17. he brake the Jaws of the wicked, and pulled the spoil out of his teeth.

p. 123Observation 8.

Merciless men are wicked men. Those that oppress the poor have this brand set upon them, that they are Reshagnanim, wicked men. As Tenderness, Pitty and Mercifulness are signs of Election, (Col. 3. 12.) so ferity, cruelty and harshness are signs of Reprobation, as we see in Nabal, and Dives. See how Iob describes the wicked, by enumerating their unmercifull practises, Iob 24. 2. to 12.

Observation 9.

Rich men (oft-times) are oppressive men. These wicked men that the Prophet speaks of, were not poor men, for they have not the power that rich men have to oppress their Brethren; neither do Judges use to respect the persons of the poor, as they did these, Verse 2. Riches accidentally make men cruel and insolent. The Rich (saith Solomon) rules over the poor, viz. with Insolence and Violence, Prov. 22. 7. It were rich men that opprest the poor, and drew them (violently) before Judgement Seats, Iames 2. 6. so as when these wicked ones arise, (especially to be Rulers) the poor, especially the Godly poor, hide themselves, Proverbs 28. 28.