The True Christians T est, Part 2 · Meditation 19
MEDITAT. XIX. Concerning Arbitrators, Electors and Jurors.
WHen I conſider the angry and malicious Natures of Men, who are ſo apt to take Offence at every ſmall Matter, and ſo deſirous to be revenged on the Offender; and the Latitude of the Law, that makes ſo many things Actionable, (notwithſtanding the late Limitation about Petty Treſpaſſes) and the incredible multitude of men Learned in the Law, or Learners of the Law, many of which are very ready to foment Diſcontents, and promote Trivial Suits; together with the ſinful Concomitants, and fatal Effects of going to Law, I cannot but think the Employment of Arbitrators exceeding neceſſary, and highly commendable; and I would commend it above all Worldly Buſineſs, (though poſſibly it may deſerve a better name) to perſons of good Educations and Underſtandings, Eſtates and Leiſure; who commonly ſquander away their time to no purpoſe, or to bad ones, becauſe, forſooth, they have nothing to do. In good earneſt, I think, that a Studiouſneſs to prevent or compoſe Differences amongſt Neighbors, a… tender Care to preſerve or reſtore Peace and Charity, and Good-will amongſt men, and Wiſe Endeavors to preſcind the Expence of Eſtates in Law, does argue a Mind Divinely diſpoſed, a truly Noble and Generous Temper, and is an Employment near of Kin to the Errand of the Son of God—On Earth Peace, &c.
And becauſe it is a thing ſo excellent in its own Nature, and commonly attended with ſo great Difficulties, Dangers and Obloquies, it hath pleaſed the great Lover of Mankind, the Arbitrator between God and Man, to give us the greateſt Encouragement imaginable to it: Mat. 5. Bleſſed are the Peace makers, for they ſhall be called the Children of God: And well they may, for he is the God of Peace, and his Name is Love.
But (alas!) with how little Purity and Integrity is this excellent Employment manag'd; what Invaſions has the Worldly Spirit made upon it, and what Defilements has it mingled with it?
The good King of Judah, I remember, bad his Judges remember, That they were to judge for God, and not for man, 2 Chron. 19. 6. But I doubt our Arbitrators, many of them, are of a different Party, and Arbitrate for Man, and not for God; I mean, either for themſelves, or for their Friend, and not for Truth and Righteouſneſs.
Are not they Lovers of the World more than of God, who ſuffer Juſtice to be perverted, and conſent to the Cruſhing and Oppreſſing of a Righteous Cauſe, meerly to gratifie the Humor or Importunity, or to conciliate or maintain the Favor and Friendſhip, of the Perſon that chuſes them? Are not they very groſs, who invert Moſes, forſaking Iſrael, and favoring Egypt, as having an Eye to the Recompence of Reward? He was a corrupt Judge, who, although he received none, yet looked that money ſhould have been given him of Paul. And how remote ſoever this may be from Popular Obſervation, yet God, who takes notice of the Hearts of men, does diſcern this very covetous Caſt of the Eve; and if the Reſpect to the Recompence weigh down the Reſpect to Righteouſneſs, he will ſentence this …alaam for a Worldly Arbitrator, for having ſo much as a mind to be unrighteous, though, perhaps, he cannot, or dare not ſhew it.
How many of this Breed there are I know not, I ſuppoſe few or none will confeſs it, but I doubt the God that judges impartially will find many: And the number of thoſe that live upon this Trade, and get as much by making Peace, as other men do by managing Suits, does too plainly declare before men that there are too many.
But beſides theſe, I have obſerved many, that not ſincerely regarding the merits of the Cauſe, improve all the cunning and knackiſh Skill that they have, in the Niceties of Law, to baffle or ravel, or invalidate the juſt Cauſe of their Opponent; and without any reſpect to Right or Wrong, account it their Honour to ſtand up ſtifly for the Perſon that choſe them, and to ſpeak and wrangle much in his behalf, meerly that they may get the Name of Faithful Arbitrators, and may be thought not to loſe the day, without having taken much pains to get it. Nay, ſome I have known, ſo Faithful (forſooth) to the Perſon that choſe them, that they ſuffer themſelves to be bound up, and engaged not to yield a …ot fur…her th…n he ſhall give them leave, though Righteouſneſs, or the reaſon of the thing require never ſo much. Rare Faithfulneſs to their Friend indeed, but ſhameful Unfaithfulneſs to God and their own Conſciences. He that accepts of the Office of an Arbitrator upon theſe terms beforehand laid down, betrays a great meanneſs and vanity of mind; and he that acts by theſe terms afterwards, betrays a great deal of Cowardice and Falſity.
It ſeems not very improper to this Head, to think a little of Electors, who by their Votes and Suftrages are concern'd to chuſe Officers, Magiſtrates, Members of Parliament, or the like. For theſe Electors are a kind of Arbitrators, determining the Caſe between Competitors.
This is a Buſineſs of great Importance all will confeſs, as upon which the right obſervation of Laws, and adminiſtration of Juſtice and Judgment, and conſequently the welfare of a Kingdom does much depend.
To have no Regard to the Qualifications of the Perſon to be Elected, but to Vote at a Venture; to Vote for him that ſpeaks firſt, or comes next, without any Regard to his fitneſs for Counſel or Buſineſs, is a Point of great Folly.
To be led by the predominant conſideration of Relation, or Dependance, or to be acted by Humor or Pleaſure of other men, or by a reſpect to private Thanks, or Rewards, or Entertainments, not regarding the juſt Qualifications of a Perſon fit to manage ſuch Employment, ſeems to add Baſeneſs to the Folly, and argues a mind preferring Private Conſideration before the Publick Good, that is, the World before God.
Neither is Slaviſh Fear a leſs Worldly Principle. The poor Heathens are to be pitied, who worſhip the Devil, for fear he ſhould hurt them: But to advance men whom we ſuſpect to be of a hurtful Nature, into a Capacity of hurting us, for fear of being hurt by them, is a Nonſenſical Folly fit to be chaſtened.
If I ſhould under this Head, take occaſion to reflect upon the Generality of Jury-Men at Aſſizes and Seſſions, it would make this Meditation bulky and bitter: For all of thoſe that proceed not according to Evidence, that act not from Judgment and Conſcience, that knowingly favor the Nocent, through fooliſh Pity, baſe Covetouſneſs, Worldly Love, or Slaviſh Fear; or oppreſs the Innocent, becauſe he is Poor, Friendleſs, Speechleſs, a Stranger, or an Enemy, do proclaim themſelves to be Lovers of the World, more than of God. And, O Lord, how loud is this Cry! It reaches to the ends of the Earth, and goes up to Heaven.