Fourteen Sermons, Sermon 1

Fourteen Sermons · Sermon 1

p. 97BAD MAGISTRATUM. The First Sermon. At a publick Sessions at Grantham, Lincoln, C11 June 1623.

JOB 29. ver. 14, 15, 16, 17.

14. I put on righteousnesse, and it clothed me: my judgement was as a Robe and Diadem.

15. I was eyes to the blind, and feet was I to the lame.

16. I was a Father to the poor: and the cause which DI knew not I searched out.

17. And I brake the jawes of the wicked; and plucked the spoil out of his teeth.

WHere silence against foul and false imputations may be 1interpreted a aaSi, cùm mihi furta, largitiones— objiciuntur, ego respondere soleo meis —non tàm sum existimandus de rebus gestis gloriari, quàm de objectis non confiteri. Cic. pro domo sua.Confession; there the protestation of a mans own innocency is ever just, and sometimes bbMihi de mem…tipso et…m multa dicendi necessitas quaedam imposita est ab illo. Cic. pro Syll.necessary. When others doe us open wrong; it is not Enow Vanity, but Charity, to do our selves open right: and whatsoever appearance of folly or vain boasting there is in so doing; they are chargeable with all that compell us thereunto, and not p. 98we. (I am become a fool in glorying; but ye have compelled me, 2 Cor. A12.11.) It was neither pride nor passion in Iob, but such a compulsion as this, that made him so often in this book proclaim his own righteousnesse. Amongst whose many and grievous afflictions, as it is hard to say which was the greatest; so we are sure this was not the least, that he was to wrestle with the unjust and bitter upbraidings of unreasonable and incompassionate men. They came to visit him as friends; and as friends they should have comforted him. But sorry friends they were, and ccJob 16.2.Job 16:2miserable comforters: indeed not comforters, but tormenters; and Accusers rather than Friends. Seeing Gods hand heavy upon him; for want of better or other proof, they charge Bhim with Hypocrisie. And because they would not seem to deal all in generalities (for against this generall accusation of hypocrisie, it was sufficient for him as generally to plead the truth and uprightnesse of his heart;) they therefore go on more particularly, (but as falsely) and as it were by way of instance, to charge him with Oppression. Thus Eliphaz by name taxeth him: Chap. 22.6, &c. Thou hast taken a pledge from thy brother for naught; and hast stripped the naked of their clothing. Thou hast not given water to the weary to drink, and thou hast withholden bread from the hungry. But as for the mighty man, he had the earth; and the honourable man dwelt in it. Thou hast Csent widowes away empty, and the arms of the fatherlesse hast thou broken.

2Being thus shamefully, indeed shamelesly, upbraided to his face, without any desert of his, by those men, aaE…si ego dignus hac… ontumelia, at tu indignus qui faceres tamen. Terent.who (if he had deserved it) should least of all have done it, his bbPsal. 55.12. —14.Ps 55:12neighbours and familiar friends; can you blame the good man, if to remove such false aspersions, he do with more then ordinary freedome insist upon his own integrity in this behalf? And that he doth in this Chapter something largely; wherein he declareth how he demeaned himself in the time of his prosperity in the administration of his Magistracy, far Dotherwise than was laid to his charge. [When the ear heard me, then it blessed me; and when the eye saw me, it gave witnesse to me. Because I delivered the poor that cryed, and the fatherlesse, and him that had none to help him. The blessing of him that was ready to perish came upon me, and I caused the widowes heart to sing for joy] in the next immediate verses before these. And then he goeth on in the words of my Text, I put on righteousnesse, &c.

3It seemeth Iob was a good man, as well as a great: and being good, he was by so much the better, by how much he was the greater. Nor was he onelyonly Bonus vir, a good man; and yet if but so, his friends Ehad done him much wrong to make him an Hypocrite: but he was Bonus Civis too, a good Common-wealths-man; and therefore his friends did him yet more wrong to make him an Oppressour. Indeed he was neither the one, nor the other. But it is not so useful for us to know what manner of man Iob was; as to learn from him what manner p. 99Aof men we should be. The grieved spirit of Iob indeed at first uttered these words for his own justification: but the blessed spirit of God hath since written them for our instruction. To teach us from Iobs example how to use that measure of greatness and power which he hath given us, be it more, be it lesse, to his glory, and the common good. So that in these words we have to consider, as laid down unto us under the person, and from the example of Iob, some of the main and principal duties which concern all those that live in any degree of Eminency or Authority either in Church or Common-wealth; and more especially those that are in the Magistracy, or in any office Bappertaining to Iustice.

And those Duties are four. One, and the first, as a more transcendent 4and fundamentall duty: the other three, as accessory helps thereto, or subordinate parts thereof. That first is, a Care and Love, 1and Zeal of Iustice. A good Magistrate should so make account of the administration of Iustice, as of his chiefest businesse; making it his greatest glory and delight. Ver. 14. [I put on righteousnesse, and it clothed me: my judgement was a robe and a diadem.] The second is 2a forwardnesse unto the works of Mercy, and Charity, and Compassion. A good Magistrate should have compassion of those that stand Cin need of his help, and be helpful unto them, ver. 15. and part of 16. [I was eyes to the blind, and feet was I to the lame, I was a father to the poor.] The Third is Diligence in Examination. A good Magistrate 3should not be hasty to credit the first tale, or be carried away with light informations: but he should hear, and examine, and scan and sift matters as narrowly as may be for the finding out of the truth, in the remainder of ver. 16. [And the cause which I knew not I searched out.] The Fourth is Courage and Resolution in executing. A good 4Magistrate, when he goeth upon sure grounds, should not fear the faces of men, be they never so mighty or many; but without respect Dof persons execute that which is equall and right even upon the greatest offender, Ver. 17. [And I brake the jaws of the wicked, and plucked the spoil out of his teeth.] Of these four in their order: of the first, first; in these words, I put on righteousnesse, &c.

This Metaphor of clothing is much used in the Scriptures in this 5notion; as it is applyed to the soul, & things appertaining to the soul. In Psalm 109. David useth this imprecation against his enemies; [aaPsal. 109.29.Ps 109:29 Let mine adversaries be clothed with shame, and let them cover themselves with their own confusion as with a cloke.] And the Prophet Esay speaking of Christ and his Kingdome, and the righteousnesse Ethereof, Chap. 11. thus describeth it, [bbEsay 11.5.Isa 11:5 Righteousnesse shall be the girdle of his loins, and faithfulnesse the girdle of his reins.] Likewise in the New Testament, Saint Paul in one place biddeth us ccRom. 13.14.Rom 13:14put on the Lord Iesus Christ: in another exhorteth women to dd1 Tim. 2.9, 10.1 Tim 2:91 Tim 2:10adorn themselves instead of broydered hair and gold and pearls and costly aray, with shamefastness and sobriety, and (as becoming women professing godlinesse) p. 100with good works: in a third furnisheth the spirituall souldier with AeeEph. 6.14, &c.Eph 6:14Shooes, Girdle, Breastplate, Helmet, and all necessary accoutrements from top to toe. In all which and other places, where the like Metaphor is used; it is ever to be understoood with allusion to one of the three speciall ends and uses of apparell. For we clothe our selves, either first, for necessity, and common decency, to cover our nakednesse; 1or secondly, for security and defence against enemies; or thirdly, 2for state and solemnity, and for distinction of offices and degrees. 3Our cloaks, and coats, and ordinary suits, we all wear to cover our nakednesse: and these are Indumenta, known by no other but by the generall name of Clothing or Apparel. Souldiers in the warres wear BMorions, and Cuiraces, and Targets, and other habiliments for defence: and these are called Arma, Armes, or Armour. Kings and Princes were Crowns and Diadems; inferiour Nobles, and Judges, and Magistrates, and Officers, their Robes, and …urres, and Hoods, and other ornaments fitting to their severall degrees and offices, for solemnity of state, and as ensigns or marks of those places and stations wherein God hath set them: and these are Infulae, Ornaments or Robes. It is true; Iustice, and Iudgement, and every other good vertue and grace is all this unto the soul; serving her both for covert, and for protection, and for ornament: and so stand both for the garments, and Cfor the armour, and for the Robes of the soul. But here I take it, Iob alludeth esecially to the third use. The propriety of the very words themselves give it so: for he saith he put righteousnesse and judgement upon him as a Robe and a Diadem; and such things as there are worn, not for necessity, but state. Iob was certainly a Magistrate, a Iudge at the least; it is evident from the seventh verse: and to me it seemeth not improbable that he was a ffNon dubito quin Iob fuerit R…x. Didac. Stun. in Job 1.3.Job 1:3King; though not likely such as the Kings of the earth now are (whose dominions are mider, and power more absolute,) yet possibly such as in those ancient times, and in those Eastern parts of the world were called Kings, Dviz. a kind of petty Monarch, and supreme governour within his own territories, though perhaps but of one single City with the Suburbs, and some few neighbouring Villages. In the first Chapter it is said that he was ggJob 1.2.Job 1:2the greatest man of all the East: and in this Chapter he saith of himself, that hhJob 29.9.Job 29:9When he came in presence, the Princes and the Nobles held their tongues; and that iiIbid. ver. 25.He sate as chief, and dwelt as a King in the Army; and in this verse he speaketh as one that wore a Diadem, an ornament kkforeign, Suid. in foreign.proper to Kings. Now Kings, we know, and other Magistrates place much of their outward glory and state in their Diadems, and Robes, and peculiar Vestments: these things striking Ea kind of llCultus magnificus addit hominibus authoritatem. Quintil. 8. Inst. foreign Hom. foreign Odyss. 19. Hoc Priami gestamen erat, cùm jura vocatis More dabat populis. Virgil. Aen. 7. See Franc. Pollet. 3 Hist. fori. Rom. 6.Rom 6reverence into the subject towards their Superiour; and adding in the estimation of the people, both glory and honour, and Majesty to the person, and withall pomp and state, and solemnity to the actions of the wearer. By this speech then of putting on Iustice and Iudgement as a Robe and a Diadem, Iob sheweth that the glory p. 101Aand pride which Kings and Potentates are wont to take in their Crowns, and Scepters, and royall Vestments, is not more, than the glory & honour which he placed in doing justice & judgement. He thought that was true honour, not which reflected from these empty marks and ensigns of Dignity, but which sprang from those vertues, whereof these are but dumb remembrances. If we desire yet more light into the Metaphor; we may borrow some from David, mmPsal. 109.16, 17.Ps 109:16Ps 109:17Psal. 109. where speaking of the wicked, he saith ver. 17. that he clothed himself with cursing like a garment: and by that he meaneth no other than what he had spoken in the next verse before, plainly and Bwithout a Metaphor, His delight was in Cursing. By the Analogie of which place we may not unfitly understand these words of Iob, as intimating the great love he had unto Iustice, and the great pleasure and nnIt is joy to the just to doe judgement. Prov. 21.15.Prov 21:15delight he took therein. Joyn this to the former; and they give us a full meaning. Never ambitious usurper took more pride in his new gotten Crown or Scepter, never proud Minion took more pleasure in her new and gorgeous apparell; then Iob did true ooIuris & aequitatis, quae virum princip…m ornant, studiosissimus eram. Vatabl. hic.glory and delight in doing Justice and Judgement. He put on righteousnesse, and it clothed him; and Iudgement was to him what to others a Robe and a Diadem is: honourable and delightfull.

Here then the Magistrate and every Officer of Justice may learn his first and principall, and (if I may so speak) his Master-duty, (and 6let that be the first observation:) namely, to do justice and judgement with delight, and zeal, and cheerfulnesse. I call it his Master-duty; because where this is once rightly and soundly rooted in the conscience, the rest will come on easily, and of themselves. This must be his primum, and his ultimum; the foremost of his desires, and the utmost of his endeavours, to do Justice and Judgement. He must make it his chiefest businesse; and yet count it his lightsome recreation: Dmake it the first and lowest step of his care; and yet withall count it the last and highest rise of his honour. The first thing we do in the morning before we either eat or drink, or buckle about any worldly businesse, is to put our clothes about us: we say, we are not ready till we have done that. Even thus should every good Magistrate do: before his private, he should think of the publick affairs; and not count himself ready to go about his own profits, his shop, his ship, his lands, his reckonings, much lesse about his vain pleasures, his jades, his curres, his kites, his any thing else, till first with Iob, he had put on righteousnesse as a garment, and clothed himself with judgement as Ewith a Robe and a Diadem.

Nor let any man think this affection to justice to have been singular 7in Iob: much lesse impute it to simplicity in him. For behold another like affectioned; and he a greater, and I may say too a wiser than Iob, for God himself hath witnessed of him, that for aa3 King. 3.12.wisdome there was never his like before him, nor should come after p. 102him, Solomon the King. Who so much manifested his love and affection Ato justice and judgement, that when God put him to his choyce to ask what he would, and he should have it; he asked bb3 Kings. 3.5—11.not long life, or riches, or victory, or any other thing, but onelyonly Wisdome; and that in this kind Prudentiam regitivam, Wisdome ccIbid. ver. 9. to discerne judgement, ver. 11.to discern between good and bad, that he might go in and out before the people with skill, and rule them prudently with all his might in righteousnesse and equity: And the Text saith, ddIbid. ver. 10.The speech pleased the Lord, that Solomon had asked this thing. Magistrates should subscribe to Solomons judgement, who is wiser then the wisest of them: and yet for farther conviction, behold a wiser then Solomon is here; Beven Iesus Christ the righteous, the God of Solomon, and the Saviour of Solomon, eeCol. 2.3.Col 2:3in whom are hidden all the treasures of Wisdome and Knowledge. Of whom David having said in Psal. 45. that the scepter of his kingdome is a righteous scepter, he proceedeth immediately to shew wherein especially consisted the righteousnesse of the Scepter of his Kingdome: Not so much in doing righteousnesse, and punishing iniquity, (though that also;) as in loving righteousnesse, and hating iniquity. [ffPsal. 45.6, 7.Ps 45:6Ps 45:7 The Scepter of thy Kingdome is a righteous scepter: Thou hast loved righteousnesse, and hated iniquity; therefore God, &c.] And you heard already out of the eleventh of Esay, Cthat ggEsay 11.5.Isa 11:5righteousnesse was the girdle of his loyns, and faithfulness the girdle of his reins. Magistrates from the examples of Iob, of Solomon, of Iesus Christ himself, should learn to make justice and judgement their greatest both glory and delight.

8To bad things examples will draw us on fast enough; without, yea, many times against reason: but in good things, it is well if examples and reasons together can any thing at all prevail with us. And here if reason may rule us; surely good reason there is, we should be thus affectioned to justice, as hath been said: whether we respect the 1thing it self, or GOD, or our selves, or others. The thing it self, Iustice, Dboth in the common consideration of it, as it is a vertue, is, as every other vertue is, honourable and lovely, and to be desired for its own sake: and in the speciall nature of it, as it is Iustice, is a vertue so necessary and profitable to humane society, and withall so aaforeign. Aristot. Eth. Nicom. 3. ex Theogn.comprehensive of all other vertues, as that those men who labour to pervert it, do yet honour it; and even those men bbforeign. Philop. in Prior. Arist.who themselves will not use it, cannot yet but love it, at leastwise commend it in others. Iudgement, Mercy, and Faithfulness our Saviour Christ reckoneth as the ccMat. 23.23.Matt 23:23weightiest matters of the Law, Mat. 23. And ddProv. 24.26.Prov 24:26every man (saith Solomon, Prov. 24.) will… kiss his lips that giveth a right Eanswer: that is, Every man will love and honour him that loveth and honoureth Iustice. Ought you to delight in any thing more then vertue: or in any vertue more then the best? and such is Iustice. Again, by due administration of Iustice and judgement GOD is much glorified. Glorified in the incouragement of his servants, p. 1032Awhen for well-doing they are rewarded: glorified in the destruction of the wicked, when for offending they are punished: glorified in the encrease, and in the peace and prosperity of his Kingdome, which hereby is both preserved and enlarged: glorified in the expression and imitation of his infinite perfections, when they who are his Ministers and Deputies for this very thing, for the execution of Iustice, do labour to resemble him whose ministers and deputies they are, in this very thing, in being just, even as he is just. Ought you not to count it your greatest glory to seek his? and can you do that more readily and effectually, than by doing justice and judgement? BAnd as for our selves; What eeQuid est suavius quam benè rem gerere hono publico? Plaut. in Capt. 3.2.comfort will it be to our souls, when they can witnesse with us that we have even set our selves to doe 3good, in those callings wherein God hath set us? Every man that hath a Calling, must ffRom. 12.7.Rom 12:7wait thereon, and do the duties belonging thereto, at his perill: and it will be much for his ease to be lightsome and cheerfull therein. So shall he make of a ggFaxis ut libeat quod est necesse. Auson. in Sent. Periand.necessity a vertue; and do that with pleasure, which he must do howsoever, or answer for the neglect: whereas otherwise, his Calling will be a continuall burden and wearinesse unto him, and make his whole life no better nor other then a long and lasting affliction. And besides, Cwe much deceive our selves, if we think our own private good to be severed from the publick; and so neglect the publick employments to follow our own private affairs. For the private is not distinguish'd from the publick; but hhforeign. Xenop. de venatione; apud Stob…um.included in it: and no man knoweth what mischiefs unawares he prepareth for his private estate in the end; whilest thinking to provide well enough for himself, he cherisheth in the mean time, or suffereth abuses in the publick. Ought we not by making justice and judgement our glory and delight, to reap the comfort of it in our consciences, to iiQuapropter edulcare convenit vitam. Cn. Marius in Mimiambis, apud A. Ge…l. 15.25.sweeten the miseries and travailes of our lives and callings, and to secure our private in the common safety: Drather then by or not doing Iustice, or doing it heavily & heartlesly, wound our own Consciences, make the afflictions of this life yet more afflictive, and in the decay of the publick, insensibly promote the ruine of our private state and prosperity? And lastly, if we respect others; what can be more glorious for us, than by our zeal and forwardnesse 4first to shame and then to quicken up the backwardnesse of others; that with joynt hearts and hands they and we together may aim at the peace and prosperity, and good of the Common-wealth? It is not easie to say what manifold benefits redound to the Common-wealth from the due execution of justice: or from the Eslacking thereof, what a world of mischiefs! How honourable are we and glorious, if by our zeal we have been the happy instruments of those so many, so great benefits? How inglorious and vile, if by our negligence we have made our selves guilty of these so many, so great mischiefs! If we neglect Iustice, we countenance disorders, which by Justice are repressed; we disarm innocency, which by Justice p. 104is protected; we banish Peace, which by Justice is maintained; we Aare traytors to the King and his Throne, which by justice are kkProv. 16.12.Prov 16:12established; we pull upon us Gods plagues and judgements, which by justice are averted. Ought we not much rather by our forwardnesse in doing justice to represse disorders, protect innocency, maintain peace, secure the King & State, and turn away Gods judgements from our selves and others? See now if we have not reason to love Justice and Judgement, and to make it our delight; to put righteousnesse upon us, and to clothe us with judgement as with a Robe and a Diadem: being a thing in it self so excellent; and being from it there redoundeth so much glory to God, to our selves so much comfort, and Bso much benefit unto others. The inferences of use from this first Duty, as also from the rest, I omit for the present: reserving them all to the latter end: partly, because I would handle them all together; partly also, and especially, for that I desire to leave them fresh in your memory, when you depart the Congregation. And therefore without farther adoe, I proceed forthwith to the next duty, contained in these words, [I was eyes to the blind, and feet was I to the lame; I was a father to the poor.]

Wherein Iob declareth his owne readinesse in his place and 9Calling to be helpfull to those that were any way distressed, or Cstood in need of him, by affording them such supply to his power, as their severall necessities required. And like him should every Magistrate be in this also; which I propose as the second Duty of the good Magistrate: he must be forward to aaforeign. Sophocl.succour those that are distressed and oppressed; and to help and relieve them to his power. Mens necessities are many, and of great variety: but most of them spring from one of these two defects, ignorance, or want of skill; and impotence, or want of power: here signified by Blindnesse, and Lamenesse. The blind man perhaps hath his limbs, and strength to walk in the way, if he could see it: but because he Dwanteth his eyes, he can neither finde the right way, nor spye the rubbes that are in it; and therefore he must either sit still, or put himself upon the necessity of a double hazard, of stumbling, and of going wrong. The lame man perhaps hath his eyes and sight perfect, and knoweth which way he should goe, and seeth it well enough: but because he wanteth his limbs, he is not able to stir a foot forward; and therefore he must have patience perforce, and be content to sit still, because he cannot doe withall. Both the one and the other may perish, unlesse some good body help them: and become a guide to the blind, a staff to the lame; leading Ethe one, and supporting the other. Abroad in the world there are many, in every Society, Corporation, and Congregation, there are some, of both sorts: some Blind, some Lame. Some that stand in need of Counsel, and Advice, and Direction; as the Blind: others that stand in need of Help, and Assistance, and p. 105ASupport; as the Lame. If there be any other besides these, whose case deserveth pity, in what kind so ever it be; the word Poor comprehendeth him, and maketh him a fit object for the care and compassion of the Magistrate. To each of these the Magistrate must be a succourer to his power. He must be, as here Iob was, an eye to the blind, bbLyra hic.ignorantem dirigendo; by giving sound and honest counsel the best he can to them that are simple, or might without his help be easily overseen. And he must be, as here Iob was, feet to the lame, impotentem adjuvando; by giving countenance and assistance in just and honest causes the best he can to them that are of meaner ability, Bor might without his help be easily overborn. If there be either of these, or any other defect, which standeth in need of a supply in any other man; he must be, as here Iob was, a ccSee Syrac. 4.10.father to the poor, indigentem sublevando; by giving convenient safety and protection the best he can to them that are destitute of help, and fly unto him as to a sanctuary for shelter and for refuge in any misery, grievance, or distresse. Upon these he must both have compassion inwardly: and he must shew it too outwardly: Affectu, and Effectu; pitying them in his heart, and helping them with his hand. It is not enough for him to see the Blind, and the Lame, and the Poor; and to be sorry for them: Cbut his compassion must be reall. He must lend his eyes to the Blind, 10to direct them; and he must lend his feet to the Lame, to support them; and he must pity the Poor as a father doth his children, so pity them, that he do something for them.

Princes, and Iudges, and Magistrates were not aaNon mihi, sed populo. AE. Adrianus Imp. foreign. Arist. in Epist. ad Alex.ordained altogether, nor yet so much for their own sakes, that they might have over whom to bear rule and to bbIt a magnae vires gloriae decorique sunt, si illis salutaris potentia est. Nam pestifera vis est, valere ad nocendum. Seneca. 1. de clem. 3.dominiere at pleasure; as for the peoples sakes, that the people might have to whom to resort, and upon whom to depend for help and succour, and relief in their necessities. And they ought to remember, that for this end GOD hath endued them Dwith that power which others want; that they might by their power help them to right, who have not power to right themselves. [ccSenec. in Medea. 2.2. Hoc reges habent magnificum & ingens, &c. Prodesse miseris, supplices fido lare Protegere, &c.] This is the very thing wherein the preeminence of Princes, and Magistrates, and great ones above the ordinary sort singularly consisteth, and wherein specially they have the advantage, and whereby they hold the title of ddPsal. 82.6. Hoc tecū commune Deis, quod utrique rogati Supplicibus vestris ferre soletis opem. Ovid. 2. de Ponto 9.Ps 82:6Gods, that they are able to do good and to help the distressed, more than others are. For which ability how they hauehave used it, they stand accountable to him from whom they have received it: and woe unto them, if the accounts they bring Ein, be not in some reasonable proportion answerable to the receipts. eeWisd. 6.6.Wis 6:6Potentes potenter: into whose hands ffLuk. 12.48.Luke 12:48much hath been given, from their hands much will be required; and the mighty ones, if they have not done a mighty deale of good withall, shall be mightily tormented. And as they have received power from God; so they do receive honours, and services, and tributes from their people for the maintenance p. 106of that power: and these as wages by Gods righteous ordinance Afor their care and paines for the peoples good. God hath imprinted in the naturall conscience of every man notions of fear, and honour, and reverence, and obedience, and subjection, and contribution, and other duties to be performed towards Kings, and Magistrates, and other superiours, ggRom. 13.5.Rom 13:5not onelyonly for wrath, but also for conscience sake: and all this for the maintenance of that power in them, by the right use whereof themselves are again maintained. Now the same conscience which bindeth us who are under authority, to the performance; bindeth you who are in authority to the requitall, of these duties. I say, the same Conscience; though not the same wrath: for here is the difference. BBoth Wrath and Conscience bind us to our duties; so that if we withdraw our subjection, we both wound our own Consciences, and incurre your just wrath: but onelyonly Conscience bindeth you to yours, and not Wrath; so that if ye withdraw your help, we may not use wrath, but must suffer it with patience, and permit all to the judgement of your own consciences, and of God the judge of all mens consciences. But yet still in Conscience the obligation lyeth equally upon you and us: As we are bound to give you honour, so are you to give us safety; as we to fear you, so you to help us; as we to fight for you, so you to care for us; as we to pay you tribute, so you to do us Cright. For hhRom. 13.6.Rom 13:6For this cause pay we tribute and other duties, unto you who are Gods ministers; even because you ought to be attending continually upon this very thing, to approve your selves as iiRom. 13.4. foreign. Luke 22.25.Rom 13:4Luke 22:25the ministers of God to us for good. Oh that we could all superiours and inferiours, both one and other, remember what we owed each to other; and by mutually striving to pay it to the utmost, so endeavour our selves to kkRom. 13.8.Rom 13:8fulfill the Law of God! But in the meane time, we are still injurious, if either we withdraw our subjection, or you your help; if either we cast off the duty of children, or you the care of Fathers. Time was, when Iudges, and Nobles, and Princes delighted to be called by the name Dof Fathers. The Philistims called their Kings by a peculiar appellative, llGen. 20.2. & 26.1. & Psal. 34. in titulo.Gen 20:2Gen 26:1Ps 34Abimelech; as who say, The King my Father. In Rome the Senatours were of old time called Patres, Fathers: and it was afterwards accounted among the Romans the greatest title of honour that could be bestowed upon their Consuls, Generals, Emperours, or whosoever had deserved best of the Common-wealth, to have this addition to the rest of his stile mm—sed Roma parentem, Roma patrem patriae Ciceronem libera dixit. Juven. Satyr 8. —patrem patriae appellavimus, ut sciret datam sibi potestatem patriam; quae est, temperatissima, liberis consulens, suáque post illos ponens. Senec. 1. de Clem. 14.Pater patriae, a Father to his Country. Naamans servants in 4 King· 5. call him Father, n.n.4 Kings 5.13.My Father, if the Prophet had commanded thee, &c. And on the other side David the King speaketh unto his Subjects, as a Father to his children in Psal. E34. ooPsal. 34.11.Ps 34:11Come ye children, &c. and Solomon in the Proverbs every where, My sonne: even as Iob here accounteth himself a Father to p. 107Athe poor. Certainly to shew that some of these had, and that all good Kings and Governours should have a ppÚt eos quasi filios …erneret per amorem, quibus pater praeerat per protectionem. Gloss. interlin. hic foreign &c. Philo, de creat. Principis.fatherly care over, and bear a fatherly affection unto, those that are under them.

All which yet, seeing it is intended to be done in bonum universitatis, must be so understood as that it may stand cum bono universitatis, stand with equity and justice, and with the common good. For aaProv. 3.3. Mat. 23.23. Non auferat verit as misericordiam, nec misericordia impediat veritatem. August. sent. 110. apud Prosperum.Prov 3:3Matt 23:23Mercy and Iustice must go together, and help to temper the one the other. The Magistrate and Governour must be a Father to the poor: to protect him from injuries, and to relieve his necessities; but not to maintain him in idlenesse. All that the Father oweth to the Child Bis not love and maintenance: he oweth him too Education; and he oweth him correction. A Father may love his Childe too fondly, and make him a wanton; he may maintain him too highly, and make him a prodigall: But he must give him Nurture too, as well as Maintenance, lest he be better fed than taught; and correct him too, as well as love him, lest he bring him most grief when he should reap most 11comfort from him. Such a fatherly care ought the civil Magistrate to have over the poor. He must carefully defend them from wrongs and oppressions; he must providently take order for their convenient relief and maintenance: But that is not all, he must as well make provision Cto set them on work, and see that they follow it; and he must give them sharp correction when they grow idle, stubborn, dissolute, or any way out of order. This he should do, and not leave the other undone. There is not any speech more frequent in the mouthes of beggars and wanderers, wherewith the Country now swarmeth, then that men would be good to the poor: and yet scarce any thing so much mistaken as that speech in both the termes of it: most men neither understanding aright who are the poor, nor yet what it is to be good to them. Not he onelyonly is good to the poor, that delivereth him when he is oppressed: nor is he onelyonly good to the poor, that relieveth him when he is distressed: but he also is good to the poor, that Dpunisheth him when he is idle. He is good to the poor that helpeth him, when he wanteth: and he is no lesse good to the poor, that whippeth him when he deserveth. This is indeed to be good to the poor; to give him that almes first, which he wanteth most; if he be hungry, it is almes to feed him; but if he be idle and untoward, it is bbNon solùm qui dat esurienti cibam, sitienti potum— verùm e…am & qui emendat verbere in q…ē postet as datur, v. l `co…rcet aliquâ disciplinâ in eo quod corripit, & aliquâ emendat…riâ poenâ pl. ctit, el…é mosynam dat, quia misericordiam praestat. Aug. in Enchirid. c. 72.almes to whip him. This is to be good to the poor: But who then are the poor we should be good to, as they interpret goodnesse? Saint Paul would have▪ cc1 Tim. 5.3.1 Tim 5:3Widowes honoured; but yet those that are widowes indeed: so it is meet the poor should be relieved, but yet those that are poor indeed. Not every one that begges is poor; not every one that wanteth is Epoor, not every one that is poor is poor indeed. They are the poor, whom we private men in Charity, and you that are Magistrates in …ustice stand bound to relieve, who are old, or impotent, and unable to work; or in these hard and depopulating times are willing but cannot be set on work; or have a greater charge upon them than can p. 108be maintained by their work. These, and such as these, are the Apoor indeed: let us all be good to such as these. Be we that are private men as brethren to these poor ones, and shew them mercy: be you that are Magistrates as Fathers to these poor ones, and do them justice. But as for those idle stubborn professed wanderers, that can and may and will not work, and under the name and habit of poverty rob the poor indeed of our almes and their maintenance: let us harden our hearts against them, and not give them; do you execute the severity of the Law upon them, and not spare them. It is Saint Pauls Order, nay it is the Ordinance of the Holy Ghost, and we should all put to our helping hands to see it kept, dd2 Thess. 3.10.2 Thess 3:10He that will not labour, let Bhim not eat. These Ulcers and Drones of the Common-wealth are ill worthy of any honest mans almes, of any good Magistrates protection. Hitherto of the Magistrates second Duty, with the Reasons and extent thereof, I was eyes to the blind, and feet was I to the lame: I was a Father to the poor. Followeth next the third Duty, in these words, The cause which I knew not I searched out.

Of which words some frame the Coherence with the former, as if Iob 12had meant to clear his mercy to the poor from suspicion of partiality and injustice: and as if he had said I was a Father indeed to the poor; pitifull and mercifull to him; and ready to shew him any lawfull favour: Cbut yet not so, as aaNe crederetur quòd saveret cis nimis in praejudicium justitiae; subditur [& causam.] Lyran. hic.in pity to him, to forget or pervert justice. I was ever carefull before I would either speak or do for him, to be first assured his cause was right and good: and for that purpose, if it were doubtfull, bbNe fortè motu pi…tatis indiscretae condescenderem ei in praejudicium justitiae. Lyran. hic.I searched it out, and examined it, before I would countenance either him or it. Certainly thus to do is agreeable to the rule of Iustice; yea and of Mercy too: for it is one Rule in shewing Mercy, that it be ever done salvis pietate & justitiâ, without prejudice done to piety and justice. And as to this particular, the commandment of God is expresse for it in Exod. 23. ccExod. 23.3.Exod 23:3Thou shalt not countenance no not a poor man in his cause. Now if we should Dthus understand the coherence of the words; the speciall duty which Magistrates should hence learn, would be indifferency: in the administration of Justice not to make difference of rich or poor, far or near, friend or foe, one or other; but to consider onelyonly and barely the equity and right of the cause, without any respect of persons, or partiall inclination this way or that way.

This is a very necessary duty indeed in a Magistrate of justice; 13and I deny not but it may be gathered without any violence from these very words of my Text: though to my apprehension not so much by way of immediate observation from the necessity of any Esuch coherence; as by way of consequence from the words themselves otherwise. For what need all that care and paines and diligence in searching out the cause, if the condition of the person might over-rule the cause after all that search, and were not the judgement to be given meerly according to the goodnesse p. 109Aor badnesse of the cause, without respect had to the person? But the speciall duty, which these words seem most naturally and immediately to impose upon the Magistrate, (and let that be the third observation) is diligence, and patience, and care to hear, and examine, and enquire into the truth of things; and into the equity of mens causes. As the Physician before he prescribe receipt or diet to his patient, will first feel the pulse, and view the urine, and observe the temper and changes in the body, and be inquisitive how the disease began, and when, and what fits it hath, and where and in what manner Bit holdeth him, and inform himself every other way as fully as he can in the true state of the body, that so he may proportion the remedies accordingly without errour: so ought every Magistrate in causes of Justice, before he pronounce sentence or give his determination, whether in matters aaOmnia judicia aut distrabendarum controversiarum, aut puniendorum maleficiorum caus… repe…ta sunt. Cic. pro Cecina.judiciall or criminall; to hear both parties with equall patience, to examine witnesses and other evidences advisedly and throughly, to consider and wisely lay together all allegations and circumstances, to put in quaeres and doubts upon the by, and use all possible expedient meanes for the boulting out of the truth; that so he may do that which is Cequall and right without errour.

A duty not without both Precept and Precedent in holy Scripture. Moses prescribeth it in Deut. 17. in the case of Idolatry, 14aaDeut. 17.2. &c. See also Deut. 13.14.Deut 17:2Deut 13:14If there be found among you one that hath done thus or thus, &c. And it be told thee, and thou hast heard of it, and inquired diligently, and behold it to be true, and the thing certain that such abomination is wrought in Israel, Then thou shalt bring forth that man, &c. The offender must be stoned to death; and no eye pity him: but it must be done orderly, and in a legall course; not upon a bare hear-say, but upon diligent examination and inquisition, Dand upon such full evidence given in, as may render the fact certain, so far as such cases ordinarily are capable of bbforeign. Arist. 1. Ethic. 1.certainty. And the like is again ordered in Deut. 19. in the case of false witnesse, ccDeut. 19.17, &c.Deut 19:17Both the men between whom the controversie is, shall stand before the Iudges, and the Iudges shall make diligent inquisition, &c. And in Iudg. 19. in the wronged Levites case, whose Concubine was abused unto death at Gibeah; the Tribes of Israel stirred up one another to do justice upon the inhabitants thereof; and the method they proposed was this, first to ddJudg. 19.20.Judg 19:20consider and consult of it, and then to give their opinions. But the most famous example Ein this kinde is that of King Solomon in 3 Kings 3. in the difficult case of the ee3 King. 3.16 —28.two Mothers. Either of them challenged the living child with a like eagernesse; either of them accused other of the same wrong, and with the same allegations: neither was there witnesse or other evidence on either part to give light unto the matter: yet Solomon by that wisdome which p. 110he had obtained from God found a meanes to search out the truth Ain this difficulty, by making as if he would cut the child into halfes, and give either of them one halfe; at the mentioning whereof the compassion of the right mother betrayed the falshood of her clamorous competitor. And we read in the Apocryphall Story of Susanna, how Daniel by ffDan. 13.61.examining the two Elders severally and apart, found them to differ in one circumstance of their relation, and thereby discovered the whole accusation to be false. Iudges for this reason were anciently called Cognitores, and in approved Authors ggSi judicas, cognosce. Sen. in Med. 2.Cognoscere is as much as to doe the office of a Judge: to teach Iudges that one chiefe point of their Bcare should be to know the truth. For if of private men, and in things of ordinary discourse, that of Solomon be true, hhProv. 18.13. See Syrac. 11. 7, 8.Prov 18:13He that answereth a matter before he heareth it, it is folly and shame unto him; certainly much more is it true of publick Magistrates, and in matters of Justice and Judgement: by how much both the men are of better note, and the things of greater moment. But in difficult and intricate businesses, covered with darknesse and obscurity, and perplexed with many windings and turnings, and cunning and crafty conveyances, to finde a faire issue out, and to spye light at a narrow hole, and by wisdome and diligence Cto rip up a foule matter, and search a cause to the bottome, and make a discovery of all: is a thing worthy the labour, and a thing that will adde to the honour, I say not onelyonly of inferiour Governours, but even of the supreme Magistrate, the King. iiProv. 25.2.Prov 25:2It is the glory of God to conceale a thing, but the honour of Kings is to search out the matter.

15To understand the necessity of this duty; consider, First, that 1as sometimes Democritus said, the truth lyeth aaCic. 1 Acad. quaest. in fine. Involuta veritas in alto latet. Sen. 7. de benefic. 1.in profundo, and in abdito, dark and deep as in the bottom of a pit; and it will ask some time, yea and cunning too, to find it out and bring it to light. Secondly, that through favour, faction, envy, greedinesse, ambition, Dand otherwise, innocency it self is often laden with false accusations. 2You may observe in the Scriptures how bb3 Kings 21.13.Naboth, ccJer. 37.13.Jer 37:13Ieremy, ddActs 24.5. & 25.7.Acts 24:5Acts 25:7Saint Paul, and others; and you may see by too much experience in these wretched times, how many men of faire and honest conversation have been accused and troubled without cause: which if the Magistrate by diligent inquisition do not either prevent or help to 3the utmost of his endeavour, he may soon unawares wrap himself in the guilt of innocent blood. Thirdly, that informations are for the most part partiall, every man making the best of his owne tale: and he cannot but often eeforeign. Menand. apud Stob. Serm. 44.erre in judgement, that is easily Ecarried away with the first tale, and doth not suspend till he have heard both parties alike. Herein ff2 Sam. 16.342 Sam 16:34David failed, when upon Ziba's false information he passed a hasty and injurious decree against Mephibosheth. Solomon saith, ggProv. 18.17.Prov 18:17He that is first in his own tale seemeth righteous; but then his neighbour cometh and searcheth him p. 111Aout, Prov. 18. as we say commonly, One tale is good, till another be told. Fourthly, that if in all other things hastinesse and precipitancy be hurtfull, then especially matters of justice would not be 4huddled up hand over-head, but handled with mature hhTake heed what you doe, 2 Chr. 19.5.2 Chr 19:5deliberation, and just diligent disquisition. iiSenec. lib. 2. de ira cap. 23.Cunctari judicantem decet; imo oportet, saith Seneca: he that is to judge, it is fit he should, nay it is necessary he should proceed with convenient leisure. Who judgeth otherwise, and without this due search, he doth not judge, but guesse. The good Magistrate had need of patience to heare, and of diligence to search, and of prudence to search out, whatsoever may make for the discovery Bof the truth in an intricate and difficult cause. The cause which I knew not I searched out. That is the Magistrates third Duty. There yet remaineth a fourth in these words, I brake the jawes of the wicked, and plucked the spoil out of his teeth.

Wherein Iob alludeth to ravenous and salvage beasts; beasts 16of prey, that lye in wait for the smaller Cattel, and when they once catch them in their paws, fasten their teeth upon them, and teare them in pieces and devour them. Such Lions, and Wolfs, and Bears, and Tygers, are the greedy aaQui pote plus urget: pisces ut saepe minutos Magnu' comest, ut aves enecat accipiter. Varro in Margopoli—factus praeda majori minor. Sen. in Hippol. act. 2.great ones of this world, who are ever ravening after the estates and the livelihoods of their meaner Cneighbours, snatching, and biting, and devouring, and at length eating them up and consuming them. Iob here speaketh of Dentes and Molares; Teeth and Iaws: and he meaneth the same thing by both, Power abused to oppression. But if any will be so curiously subtill, as to distinguish them, thus he may doe it. Dentes, they are the long bbforeign of foreign acuere. —sharp teeth, the fore-teeth; ccPsal. 37.4. foreign. Arist. … Phys. tex. 76.Ps 37:4Dentes eorum arma & sagit…ae, saith David, Their teeth are speares and arrowes: Molares à molendo, so called from grinding; they are the great double teeth, the jaw-teeth. Those are the Biters, these the Grinders: these and those together, Oppressors of all sorts. Usurers, and prouling Officers, Dand slye Merchants, and errant Informers, and such kinde of Extortioners as sell time, and truck for expedition, and snatch and catch at petty advantages; these use their teeth most, these are Biters. The first, I know not whether or no the worst sort of them, in the holy Hebrew tongue hath his name from biting. foreign Naschak, that is to bite; and foreign Neschek, that is Usury. Besides these Biters, there are Grinders too; men whose teeth are Lapid…s Molures, as the over and the nether mill-stone: Depopulators, and racking Landlords, and such great ones, as by heavy pressures and burdens, and sore bargains break the backs of those they deale Ewithall. These first by little and little ddEsay 3.15.Isa 3:15grind the faces of the poor, as small as dust & powder; and when they have done, at length eePsal. 14.4.Ps 14:4eat them up one after another, as it were bread: as the Holy Ghost hath painted them out under those very phrases. Now how the Magistrate should deal with these grinders and biters, Iob here teacheth him: he should break their jawes, and pluck the spoilē out of their p. 112teeth; that is, quell and crush the mighty Oppressor, and ffEripite nos ex faucibus eorum, quorum crudelitas— Crass. apud Ci…. 1. de Oratore.deliver Athe Oppressed from his injuries. For to break the jaw, or the cheekbone, or the teeth, is in Scripture-phrase as much as to abate the pride, and suppresse the power, and curb the insolency of those that use their might to overbeare right. So David saith in the third Psalm, that God had saved him by ggPsal. 3.7.Ps 3:7smiting his enemies upon the cheek-bone, and breaking the teeth of the ungodly. And in Psalm 58. he desireth God to hhPsal. 58.6. See also Prov. 30.14. & Joel 1.6.Ps 58:6Prov 30:14Joel 1:6break the teeth of the wicked in their mouths, and to break out the great teeth of those young Lions. In which place it is observable, that, as Iob here, he speaketh both of Dentes and Molares, teeth and great teeth: and those wicked great ones, according Bas Iob also here alludeth, he expresly compareth unto young Lions; lusty and strong, and greedy after the prey.

Now to the doing of this, to the breaking of the jawes of the wicked, 17and plucking the spoil out of his teeth; there is required a stout heart, and an undaunted aaSee Syrac. 4.9.Courage, not fearing the faces of men, should their faces be as the faces of Lions, and their visages never so terrible. And this is the good Magistrates last Duty in my Text; without fear to execute justice boldly upon the stoutest offender, and so to curb the power of great and wicked men, that the poor may live in peace, and keep their own by them. It was one Cpart of Iethro's Character of a good Magistrate in Exod. 18. that he should be bbExod. 18.21.Exod 18:21a man of courage. And it was not for nothing that every cc3 Kin. 10.20.step up Solomons Throne for judgement was supported with Lions: to teach Kings and all Magistrates, that a Lion-like courage and resolution is necessary for all those that sit upon the Throne or Bench for Justice and for Judgement. When dd1 Sam. 17.34, &c.1 Sam 17:34David kept his Fathers sheep, and there came a Lion and a Beare, and took a Lamb out of the flock; he went out after the Lion and smote him, and took the Lamb out of his Mouth, and when the Lion rose against him, he took him by the beard, and smote Dhim again, and slew him: and so he did with the Bear also. Every Magistrate is a kinde of eeEsay 44.28. foreign, saepe apud Homer.Isa 44:28shepherd: and the people they are his flock. He must doe that then in the behalf of his flock, that David did. Those that begin to make a spoyle, though but of the poorest Lamb of the flock, be they as terrible as the Lion and the Bear, he must after them, and smite them, and pluck the spoile out of their teeth: and though they shew their spleen, and turne againe at it, yet he must not shrink for that; but rather take fresh courage, and to them againe, and take them by the beard, and shake them, and never leave them till Ehe have brought them under, and broken their jawes, and in spite of their teeth made them past biting or grinding again in hast. He is a bare ffJohn 10.12.John 10:12hireling, and not worthy the name of a shepherd, who when he seeth the Wolf coming thrusteth his head in a bush, and leaveth the poor Cattell to the spoyle. The good Magistrate must p. 113put on his resolution: to go on in this course, and without feare Aof one or other to do justice, upon whosoever dareth do injustice, and to suppresse oppression even in the greatest.

A resolution necessary; whether we consider the Law, the Magistrate, 18or the Offender. Necessary, First, in respect of the Laws: which, as all experience sheweth, are far better unmade, then unkept. aaHorat. 3. Od. 24.Quid vanae sine moribus Leges proficiunt? The life of the Law is the Execution; without which the Law is but a dead letter: of lesse use and regard then scarcrowes are in the corne fields; whereof the birds are a little afraid at the first, but anon after a little use they grow so bold with them, as to sit upon their heads and Bdefile them. We see the experience hereof but too much, in the too much suffered insolency of two sorts of people, (then against whom never were Lawes either better made, or worse executed) Rogues, and Recusants. Now we know the Lawes are generall in their intents, and include as well the great as the small. The Magistrate therefore who is bbforeign. Arist 5. Ethic. 7.Lex loquens, and whose duty it is to see the lawes executed, must proceed as generally, and punish transgressors of the Lawes, the great as well as the small. It is an old complaint, yet groweth out of date but slowly; that Lawes are like ccAnacharsis, apud Plutarch in Solone: non-nulli Zaleuco tribuunt.Cobwebs, wherein the smaller flies are caught, but great ones Cbreak through. Surely Lawes should not be such, good Lawes are not such, of themselves; they doe or should intend an ddInde latae leges, ne fortior omnia posset. Ovid. 3. Fast.universall reformation: it is the abuse of bad men, together with the basenesse or cowardise of sordid or sluggish Magistrates, that maketh them such. And I verily perswade my selfe, there is no one thing that maketh good lawes so much contemned, even by mean ones too at the last, as the not executing them upon the great ones in the mean time. Let a Magistrate but take to himselfe that courage which he should doe, and now and then make a great man an example of Iustice; he shall finde that a few such Dexamples will breathe more life into the Lawes, and strike more awe into the people, then the punishment of an hundred underlings and inferiour persons.

Againe, in respect of the Magistrate himself this courage and resolution is necessary; for the maintenance of that dignity and respect 19which is due to him in his place and calling. Which he cannot more shamefully betray, than by fearing the faces of men. Imagine you saw a goodly tall fellow, trick'd up with feathers and ribbands, and a glittering sword in his hand, enter the lists like a Champion, and challenge all commers: by and by Esteppeth in another man perhaps much of his own size, but without either sword or staffe, and doth but shew his teeth and stare upon him; whereat my gay Champion first trembleth, and anon for very feare letteth his sword fall, and shrinketh himselfe into the croud. Think what a ridiculous sight this would p. 114be: and just such another thing as this, is a fearfull Magistrate. AHe is adorned with aaConsidera qualia de te praest…s, qui tanta authorita…e subveberit. Cassiod. 6. Epist. 15.robes, the marks and ensignes of his power. God hath armed him with a bbRom. 13.1.Rom 13:1sword; indeed as well to put courage into his heart, as awe into the peoples. And thus adorned and armed, he standeth in the eye of the world, and as it were upon the stage; and raiseth an expectation of himselfe, as if sure this man would doe something: his very appearance threatneth destruction to whosoever dareth come within his reach. Now if after all this braving, he should be out-dared with the big looks and bug-words of those that could doe him no harme: how justly should he draw upon himselfe scorn and contempt, ccHorat. de art. Poct.parturiunt Bmontes! ddProv. 17.16.Prov 17:16Wherefore is there a price, saith Solomon of the sluggard, in the hands of a fool to buy wisdome, and he hath no heart? So, wherefore is there a Sword, may we say of the fearfull Magistrate, in the hands of a Coward to doe justice, and he hath no heart? You that are Magistrates, remember the promise God hath made you, and the Title he hath given you. You have an honourable promise; [ee2 Chro. 19.62 Chr 19:6 GOD will be with you in the cause and in the judgement, 2 Chronicles 19.] If God be with you, what need you feare who shall be against you? You have an honourable Title too [ffPsal. 82.6.Ps 82:6 I have said ye are Gods, Psalm 82.] CIf you be Gods, why should you feare the faces of men? This is Gods fashion: he gg1 Pet. 5.5.1 Pet 5:5giveth grace to the humble, but he resisteth the proud; he hhLuke 1.52.Luke 1:52exalteth the meek and lowly, but he putteth the mighty out of their seats. If you will deale answerably to that high name he hath put upon you, and be indeed as Gods; follow the example of God: lift up the poore oppressed out of the mire, and tumble downe the confidence of the mighty and proud oppressour; when you iiPsal. 75.2.4.Ps 75:2Ps 75:4receive the Congregation, judge uprightly, and feare not to say to the wicked, be they never so great, Lift not up your horne. So shall you vindicate your Dselves from contempt: so shall you preserve your persons and places from being baffelled and blurted by every lewd companion.

20Courage in the Magistrate, against these great ones especially, is thirdly necessary in respect of the Offenders. These wicked ones of whom Iob speaketh, the longer teeth they have, the deeper they bite; and the stronger jawes they have, the sorer they grinde; and the greater power they have, the more mischief they doe. And therefore these great ones of all other would be well hampered; and have their teeth filed, their jawes broken, their power curbed. I say not the poore and the Esmall should be spared when they offend: good reason they should be punished with severity. But you must remember I now speak of Courage; and a little Courage will serve to bring under those that are under already. So that if meane men scape unpunished when they transgresse, it is oftner for want p. 115Aof care or conscience in the Magistrate, then of Courage. But here is the true triall of your Courage, when you are to deale with these great ones: men not inferiour to your selves, perhaps your equalls, yea, and it may bee too, your Magistracy set aside, men much greater than your selves: men great in place, great in wealth, in great favour, that have great friends; but withall that doe great harme. Let it bee your honour, that you dare bee just, when these dare bee unjust; and when they dare smite others aaEsay 58.4.Isa 58:4with the fist of violence, that you dare smite them with bbRom. 13.4.Rom 13:4the sword of justice; Band that you dare use your power, when they dare abuse theirs. All Transgressours should be looked unto; but more, the greater, and the greatest, most: as a Sheepherd should watch his Sheep even from Flyes and Maukes; but much more from Foxes; most of all from Wolves. Sure, hee is a sorry Sheepherd, that is busie to kill Flyes and Maukes in his Sheepe, but letteth the Wolfe worry at pleasure: Why one Wolfe will doe more mischief in a night, than a thousand of them in a twelve-monethmonth. And as sure, he is a sorry Magistrate, that stocketh, and whippeth, and hangeth poor Sneaks when they offend (though Cthat is to be done too) but letteth the great theeves doe what they list, and dareth not meddle with them: like Saul, who when God commanded him to destroy all the Amalekites both man and beast, slew indeed the rascality of both, but spared the ccSam. 15.3—9.greatest of the men, and the fattest of the cattell, and slew them not. The good Magistrate should rather, with Iob here, break the jawes of the wicked, and in spight of his heart, pluck the spoile out of his teeth.

Thus have you heard the four duties or properties of a 21good Magistrate contained in this Scripture, with the grounds Dand reasons of most of them, opened. They are, 1. a love and zeal to justice, 2. Compassion to the poor and distressed, 3. Paines and Patience in examination of causes, 4. Stoutnesse and Courage in execution of justice. The uses and inferences of all these yet remaine to be handled now in the last place, and altogether. All which for order and brevities sake, we will reduce unto three heads: accordingly as from each of the foure mentioned Duties, or Properties, or Rules (call them which you will) there arise Inferences of three sorts. First, of Direction; for the choyce and 1Eappointment of Magistrates according to these four properties. …econdly, of Reproof, for a just rebuke of such Magistrates 2as faile in any of these four Duties. Thirdly, of Exhortation; 3to those that are, or shall be Magistrates, to carry themselves therein according to these four Rules. Wherein what I shall speak of Magistrates, ought also to be extended and applyed (the p. 116due proportion ever observed) to all kinds of officers whatsoever, Aany way appertaining unto Iustice. And first for Directions.

Saint Paul saith, aaRom. 13.1.Rom 13:1The powers that are, are ordained of God: and 22yet Saint Peter calleth the Magistracy an bb1 Pet. 2.13.1 Pet 2:13humane ordinance. Certainly the holy Spirit of God, which speaketh in these two great Apostles, is not contrary to it self. The truth is, the substance of the power of every Magistrate is the Ordinance of God; and that is Saint Pauls meaning: but the Specification of the circumstances thereto belonging, as in regard of places, persons, titles, continuance, jurisdiction, subordination, and the rest, Bis (as Saint Peter termeth it) an humane ordinance, introduced by Custome, or positive Law. And therefore some kindes of Magistracy are higher, some lower, some annuall or for a set time, some during life; some after one manner, some after another: according to the severall Lawes or Customes whereon they are grounded. As in other circumstances, so in this concerning the deputation of the Magistrates person, there is great difference: some having their power by Succession, others by Nomination, and other some by Election. As amongst us, the supreme Magistrate, the King, hath his Power by succession; Csome inferiour Magistrates theirs, by nomination, or speciall appointment, either immediately, or mediately from the King; as most of our Iudges and Iustices: some again by the elections and voices of the multitude; as most Officers and Governours in our Cities, Corporations, or Colledges. The Directions which I would inferre from my Text, cannot reach the first kind; because such Magistrates are born to us not chosen by us. They do concern in some sort, the second; but most neerly the third kind, viz. Those that are chosen by suffrages and voices: and therefore unto this third kind onelyonly DI will apply them. We may not think, because our voices are our own, that therefore we may bestow them as we list: neither must we suffer our selves in a matter of this nature to be carried by favour, faction, spight, hope, feare, importunity, or any other corrupt and partiall respect, from those Rules, which ought to levell our choice. But we must conferre our voices, and our best furtherance otherwise, upon those whom, all things duly considered, we conceive to be the fittest: and the greater the place is, and the more the power is we give unto them and from our selves; the greater Eought our care in voycing to be. It is true indeed, when we have used all our best care, and proceeded with the greatest caution we can; we may be deceived, and make an unworthy choice. For we cannot judge of mens fitnesse by any demonstrative certainty: all we can do is to go upon probabilities, p. 117Awhich can yield at the most but a conjecturall certainty, full of uncertainty. Men cc—fere maxima … morem hunc homines habent: quod sibi volunt Dum id impetrant, boni sunt; sed id ubi jam penes sese habent, Ex bonis pessimi & fraudulentissi…i sunt. Plaut· in Capt. 2.1. Omnes candidatos, bonos viros dicimus. Senec. Epist. 3.ambitious and in appetite, till they have obtained their desires, use to dissemble those vices which might make a stop in their preferments; which, having once gotten what they fished for, they bewray with greater freedome: and they use likewise to make a shew of that zeal and forwardnesse in them to do good, which afterwards cometh to just nothing. Absalom to steal away the hearts of the people, (though he were even then most unnaturally unjust in his purposes, against a father, and such a father; yet he) made shew of much compassion to the injured, and of a Bgreat desire to do justice. dd2 Sam. 15.42 Sam 15:4O, saith he, that I were made a Iudge in the Land, that every man that hath any suite or cause might come unto me, and I would do him justice. And yet I doubt not, but if things had so come to passe, he would have been as bad as the worst. When the Roman Souldiers had in a tumult proclaimed Galba Emperour, they thought they had done a good dayes work; every man promised himself so much good of the new Emperour: But when he was in, he proved no better than those that had been before him. One giveth this censure of him, eeTacit. lib. 1. Histor.Omnium Cconsensu capax imperij, nisi imperasset: he had been a man in every mans judgement worthy to have been Emperour, if he had not been Emperour, and so shewed himself unworthy. ffforeign ▪ dictum Biantis apud Arist. 5. Ethic. 3.Magistratus indicat virum, is a common saying, and a true. We may guesse upon likelyhoods what they will be, when we choose them: but the thing it self after they are chosen ggforeign. Plutarch. in Cicerone.sheweth the certainty what they are. But this uncertainty should be so farre from making us carelesse in our choice; that it should rather adde so much the more to our care, to put things so hazardous as neer as we can out of hazard.

DNow those very Rules, that must direct them to govern, must direct us also to choose. And namely an eye would be had to the four properties specified in my Text. The first, a Zeal of Iustice, and a Delight therein. Seest thou a man carelesse of the common good; one that palpably preferreth his own before the publick weale; one that loveth his aa—nec vulgi cura tyranni, Dum sua sit modo tuta salus. Valer. Flacc. 5. Argonaut.ease so well, that he careth not which way things goe, backward or forward, so he may sit still, and not be troubled; one that would divide 21honorem ab onere, be proud of the honour and title, and 1yet loath to undergoe the envie and burthen that attendeth Ethem? set him aside. Never think that mans robes will do well upon him. A Iusticeship, or other office would sit upon such a mans back as handsomely as bb1 Sam. 17.391 Sam 17:39Sauls armour did upon Davids: unweildy, and sagging about his shoulders; so as he could not tell how to stirre and turn himself under it. p. 118He is a fit man to make a Magistrate of, that will put on Arighteousnesse as a garment, and clothe himself with judgement as 2with a Robe and a Diadem. The second property is Compassion on the poor. Seest thou a man destitute of counsell and understanding; a man of forlorne hopes or estate, and in whom there is no help; or one that having either counsell or help in him, is yet a churle of either; but especially one that is sore in his bargaines, cruell in his dealings, hard to his Tenants, or an Oppressour in any kind? Take none of him. Sooner commit a flock of Sheep to a ccO praeclarum custodem, ovium, ut aiunt, lu…um▪ custosne urbis, an direptor & vexa…or esset Antonius. Cic. Philipp. 3.Phil 3Wolf; than a Magistracy or office of justice to an ddforeign. Iamblich. apud Stob. Serm. 14.Oppressour. Such a man is more likely to put out the eyes of him Bthat seeth, then to be eyes to the blind; and to break the bones of the strong, then to be legges to the lame; and to turn the fatherlesse a begging, then to be a Father to the poore. The third property is Diligence to search out the truth. Seest thou a man hasty, and rash, and heady in his own businesses; a man impatient of delay or pains; one that cannot eeProv. 29.11.Prov 29:11conceale what is meet, till it be seasonable to utter it, but poureth out all his heart at once, and before the time; one that is easily possest with what is first told him, or being once possest will not with any reason be perswaded to the contrary; one that lendeth eare so much to some particular friend or follower, as to believe Cany information from him, not any but from him; one that, 3to be counted a man of dispatch, loveth to make an end of a businesse before it be ripe; suspect him. He will scarce have the Conscience: or if that, yet not the wit, or not the patience, to search out the cause which he knoweth not. The last Property is, Courage to execute. Seest 4thou a man first; of a ffdegeneres animos timor arguit. Virgil. 4. Aeneid.timorous nature, and cowardly disposition? or secondly, of a wavering and fickle mind: as we say of children; wonne with an apple, and lost with a nut? or thirdly, that is apt to be wrought upon, or moulded into any forme, with faire words, friendly invitations, or complementall glozes? or fourthly, that dependeth Dupon some great man, whose vassall or creature he is? or fifthly; a taker, and one that may be dealt withall? (for that is now the periphrasis of bribery) or sixthly; guilty of the same transgressions he should punish, or of other as foul? Never a man of these is for the turne: not one of these will venture to break the jawes or tuskes of an oppressing Tygre or Boare, and to pluck the spoile out of his teeth. The timorous man is afraid of every shadow, and if he do but heare of teeth, he thinketh it is good sleeping in a whole skinne, and so keepeth aloofe off for fear of biting. ggJames 1.8.Jas 1:8The double minded man, as Saint Iames saith, is unstable in all his wayes: he beginneth to do Esomething in a sudden heat, when the fit taketh him; but before one jaw can be half broken, he is not the man he was, he is sorry for what is done, and instead of breaking the rest, falleth a binding up that which he hath broken, and so seeketh to salve up the matter as well as he can, and no hurt done. The vain man, that will be p. 119Aflattered, so he get fair words himself, he careth not who getteth foul blowes: and so the beast will but now and then give him a lick with the tongue, he letteth him use his teeth upon others at his pleasure. The depending creature is charmed with a letter or message from his Lord, or his honourable friend; which to him is as good as a Supersede as, or Prohibition. The taker hath his fingers so oyled, that his hand slippeth off when he should pluck away the spoyl, and so he leaveth it undone. The guilty man by no means liketh this breaking of jawes: he thinketh it may be his own case another day.

You see, when you are to chuse Magistrates, here is refuse enough, 24Bto be cast by. But by that all these be discarded, and thrown out of the bunch; possibly the whole lump will be neer spent, and there will be little or no choyce left. Indeed if we should look for absolute perfection, there would be absolutely no choyce at all: aaPsal. 14.3.Ps 14:3There is none that doth good, no not one. We must not be so dainty in our choyce then, as to find one in every respect such as hath been charactred. We live not bb— dicit enim tanquam in Platonis foreign, non tanquam in Romuli faece, sententiam. de Catone, Cic. 2. ad Artic. 1.in Republica Platonis, but in faece seculi; and it is well, if we can find one in some good mediocrity so qualified. Amid the common corruptions of mankind, he is to be accounted a tolerably good man, that is not intolerably bad: and among Cso many infirmities and defects, as I have now reckoned, we may well voyce him for a Magistrate; not that is free from them all, but that hath the cc— Vit is n…mo sine nascitur: optimus ille est, Qui minimis urgetur. Hor. 1. serm. Sat. 3.fewest and least. And we make a happy choyce, if from among those we have to chuse of, we take such a one as is likely to prove in some reasonable mediocrity zealous of justice, sensible of the wrongs of poor men, carefull to search out the truth of causes, and resolute to execute what he knoweth is just.

That for Direction. I am next to infer from the four duties in my 25Text, a just reproof, & withall, a complaint of the common iniquity of these times; wherein men in the Magistracy and in offices of Iustice are Dgenerally so faulty and delinquent in some, or all of these duties. And first, as for zeal to justice: alas that there were not too much cause 1to complain. It is grief to speak it (and yet we all see it and know it) there is grown among us of this Land, within the space of not many years, a generall and sensible declination in our zeal both to Religion and Iustice; the two main pillars and supporters of Church and State. And it seemeth to be with us in these regards, as with decaying Merchants almost become desperate; who when Creditors call fast upon them, being hopelesse of paying all, grow carelesse of all, and pay none: so abuses and disorders encrease so fast among us; Ethat hopeless to reform all, our Magistrates begin to neglect all, and in a manner reform nothing. How few are there of them that sit in the seat of justice, whose consciences can prompt them a comfortable answer to that Question of David, Psal. 58. aaPsal. 58.1.Ps 58:1Are your minds set upon righteousnesse, O ye congregation? Rather are they not almost all of Gallio's temper, Act. 18. who, though there were a foul p. 120outrage committed even under his nose, and in the sight of the ABench, yet the Text saith, bbActs 18.17.Acts 18:17he cared for none of those things? as if they had their names given them by an Antiphrasis: like Diogenes his man; Manes à manendo, because he would be now and then running away; so these Iustices à justitia, because they neither do nor care to do Iustice. Peradventure here and there one or two in a whole side of a Countrey to be found, that make a conscience of their duty more then the rest, and are forward to do the best good they can: Gods blessing rest upon their heads for it. But what cometh of it? The rest, glad of their forwardnesse, make onelyonly this use of it to themselves; even to slip their own necks out of Bthe yoke, and leave all the burden upon them: and so at length even tire out them too, by making common packhorses of them. A little it may be is done by the rest, for fashion, but to little purpose; sometimes more to shew their Iusticeship, then to do justice: and a little more it may be is wrung from them by importunity; as the poor ddLuc. 18.4, 5.Luke 18:4Luke 18:5widow in the parable by her clamorousnesse wrung a piece of justice with much ado from the Iudge that neither feared God, nor regarded man. Alas, Beloved, if all were right within, if there were generally that zeal that should be in Magistrates: good Laws would not thus languish as they do for want of execution; there would not be that Cinsolency of Popish Recusants, that license of Rogues and wanderers, that prouling of Officers, that enhaunsing of fees, that delay of suits, that countenancing of abuses, those carkases of depopulated towns, infinite other mischiefs; which are (the sins shall I say, or the plagues? it is hard to say whether more, they are indeed both) the sins and the plagues of this land. And as for Compassion to the distressed; 2is there not now just cause, if ever, to complain? If in these hard times, wherein nothing aboundeth but poverty and sin; when the greater ones of the earth should most of all enlarge their bowels, and reach out the hand to relieve the extreme necessity of Dthousands that are ready to starve: if (I say) in these times great men, yea and men of justice, are as throng as ever in pulling down houses, and setting up hedges; in unpeopling towns, and creating beggars; in racking the backs, and grinding the faces of the poor; how dwelleth the love of GOD, how dwelleth the spirit of compassion in these men? Are these eyes to the blind, feet to the lame, and fathers to the poor, as Iob was? I know your hearts cannot but rise in detestation of these things, at the very mentioning of them. But what would you say, if as it was said to Ezekiel, so I should bid you ddEzech. 8.6, 13, 15.Ezek 8:6Ezek 8:13Ezek 8:15turn again, and behold yet greater and yet greater abominations; Eof the lamentable oppressions of the poor by them and their instruments, who stand bound in all conscience, and in regard of their places, to protect them from the injuries and oppressions of others? But I forbear to do that; and chuse rather out of one passage in the Prophet Amos, to give you some short intimation both of the p. 121Afaults, and of the reason of my forbearance. It is in Amos 5. v. 12, 13. I know your manifold transgressions, and your eeAmos 5.1…, 13. fortia peccata vulg. ibid.Amos 5:1Amos 5:13mighty sins: they afflict the just, they take a bribe, and they turne aside the poor in the gate from their right: Therefore the prudent shall keep silence in that time; for it is an evil time. And as for searching out the truth in 3mens causes, which is the third Duty: First, those Sycophants deserve a rebuke, who by false accusations, and cunningly devised tales, (ffPindar. Olymp. 1. foreign) of purpose involve the truth of things to set a faire colour upon a bad matter, or to take away the righteousnesse of the innocent from him. And Byet how many are there such as these in most of our Courts of justice? Informing, and promoting, and pettifogging make-bates. Now it were a lamentable thing if these men should be known, and yet suffered: but what if countenanced, and encouraged, and underhand maintained by the Magistrates of those Courts, of purpose to bring Moulter to their own Mills? Secondly, since Magistrates must be content (for they are but men, and cannot be every where at once) in many things to see with other mens eyes, and to heare with other mens eares, and to proceed upon information: those men deserve a rebuke, who Cbeing by their office to ripen causes for judgement, and to facilitate the Magistrates care and paines for inquisition; doe yet either for feare, or favour, or negligence, or a fee, keep back true and necessary informations, or else for spight or gaine clogge the Courts with false or trifling ones. But most of all the Magistrates themselves deserve a rebuke, if either they be hasty to acquit a man upon his owne bare deniall or protestation (for si inficiari sufficiet, ecqui… erit nocens? as the ggDelphidius Orator contra Numerium; apud Ammian. Marcell. l. 18.Oratour pleaded before Iulian the Emperour; if a deniall may serve the turne, none shall bee guilty,) or if hasty to condemne a Dman upon anothers bare accusation (for si accusasse sufficiet, ecquis erit innocens? as the Emperour excellently replyed upon that Oratour; if an accusation may serve the turne, none shall be innocent;) or if they suffer themselves to be possessed with prejudice, and not keepe one eare open (as they write of Alexander the Great) for the contrary party, that they may stand indifferent till the truth be throughly canvassed; or if to keep causes long in their hands, they either delay to search the truth out, that they may know it, or to decide the cause according to the truth, when they have found it. And as for Courage to execute EIustice, which is the last Duty: what need we trouble our selves to seek out the causes, when we see the effects so daily and 4plainly before our eyes? whether it be through his own cowardise or inconstancy, that he keepeth off; or that a fair word whistleth him off; or that a great mans letter staveth him off; or that his own guilty conscience doggeth him off, or that his hands are manacled p. 122with a bribe, that he cannot fasten; or whatsoever other matter Athere is in it: sure we are, the Magistrate too often letteth the wicked carry away the spoyle, without breaking a jaw of him, or so much as offering to pick his teeth. It was not well in Davids time, (and yet David a Godly King) when complainingly he asked the Question, hhPsal. 94.16.Ps 94:16Who will stand up with me against the evil doers? It was not well in Solomons time, (and yet Solomon a peaceable King) when; iiEccles. 4.1.Eccl 4:1considering the Oppressions that were done under the Sun, he saw that on the side of the oppressors there was power; but as for the oppressed, they had no comforter. We live under the happy government of a godly and peaceable King; Gods holy name be blessed for it: and Byet GOD knoweth, and we all know, it is not much better now; nay God grant, it be not generally even much worse!

26Receive now in the last place, and as the third and last inference, a word of Exhortation; and it shall be but a word. You whom God hath called to any honour or office appertaining to justice; as you tender the glory of God, and the good of the Common-wealth; as you tender the honour of the King, and the prosperity of the Kingdome; as you tender the peace and tranquillity of your selves and neighbours; as you tender the comfort of your own consciences, and the salvation of your own souls: set your selves throughly and cheerfully Cand constantly and conscionably, to discharge with faithfulnesse all those duties which belong unto you in your severall stations and callings, & to advance to the utmost of your power the due administration and execution of Iustice. Do not not decline those 1burdens which cleave to the honours you sustain. Do not post off those businesses from your selves to others, which you should rather do then they, or at least may as well do as they. Stand up with the zeal of aaPsal. 106.30.Ps 106:30Phinees, and by executing judgement, help to turn away those heavy plagues, which God hath already begun to bring upon us; and to prevent those yet heavier ones, which having so rightly deserved, Dwe have all just cause to fear. Breath fresh life into the languishing lawes, by mature, and severe, and discreet execution. Put on Righteousnesse as a Garment; and cloathe your selves with Iudgement, 2as with a Robe and Diadem. Among so many Oppressions, as in these evil dayes are done under the Sun; to whom should the fatherlesse, and the widow, and the wronged complain but to you, whence seek for relief but from you? Be not you wanting to their necessities. Let your eyes be open unto their miseries, and your ears open unto 3their cryes, and your hands open unto their wants. Give friendly Counsel to those that stand need of your Direction: afford convenient Ehelp to those that stand need of your assistance: carry a Fatherly affection to all those that stand need of any comfort, protection, or relief from you. Be eyes to the blind, and feet to the lame: and be you instead of fathers to the poor. But yet do not countenance, no not bbExod. 23.3.Exod 23:3a poor man in his cause, farther than he hath equity on his side. Remember p. 123Aone point of ccforeign. Nervus est sapientiae, non citò credere. dictum Epicharmi, apud Cic. 1. ad Attic. 16. foreign. Eurip. in Helen. The simple believe every word. Prov. 14.15.Prov 14:15wisdom, not to be too credulous of every suggestion & information. But do your best to spie out the chinks, & starting holes, and secret conveyances & packings of cunning & crafty companions: and when you have found them out, bring them to light, & do exemplary justice upon them. Sell not your ears to your servants: nor tye your selves to the informations of some one, or a few, or of him that cometh first; but let every party have a fair & an equal hearing. Examin proofs: Consider circumstances: be content to hear simple men ddforeign. Arist. 2. Elench. 10.tell their tales in such language as they have: think no pains, no patience too much to sift out the truth. Neither by inconsiderate haste Bprejudice any mans right: nor weary him out of it by torturing delayes. The cause which you know not, use all diligence, & convenient both care and speed, to search it out. But ever withall remember your standing is slippery; & you shall have many and sore assaults, & very shrewd temptations: so that unless you arm your selves with invincible resolution, you are gone. The wicked ones of this world will conjure you by your old friendship and acquaintance, & by all the bonds of neighbourhood and kindnesse: bribe your Wives & Children & Servants to corrupt you; procure great mens Letters or favourites as engines to move you; convey a bribe into your own bosomes, but under a handsomer Cname, & in some other shape, so cunningly & secretly sometimes, that your selves shall not know it to be a bribe when you receive it. Harden 4your faces, and strengthen your resolutions with a holy obstinacy, against these and all other like temptations. Count him an enemy, that will alledge friendship to pervert justice. When you sit in the place of justice, think you are not now eeQui indait personam judicis, …xuit amici. Cicer.Husbands, or Parents, or Neighbours; but Iudges. Contemn the frowns and the favours, and the letters of great ones: in comparison of that trust, which greater ones than they, the King & State, & a yet greater than they, the great God of heaven and earth, hath reposed in you and expecteth from you. DChastise him with severe ffRejecit alto dona nocentium vultu. Horat 4. Od. 9.indignation, if he begin: and if he continue, spit defiance in his face, who ere he be, that shall think you so base as to sell your ggLibertatem arguendi amittit, qui ab eo acc…pit qui ideò dat ne corrigatur. Ambr. in 1 Cor. c. 19.freedome for a bribe. Gird your sword upon your thigh; & (keeping your selves ever within the compass of your Commissions and Callings, as the Sun in the Zodiack) go through stitch, right on in the course of Iustice, as the Sun in the firmament with unresisted violence; and as a Giant that rejoyceth to run his race, and who can stop him? Bear not the hhRom. 13.4.Rom 13:4sword in vain: but let your right hand teach you terrible things. Defend the poor and fatherless; and deliver the oppressed from them that are mightier then he: Smite Ethrough the loyns of those that rise up to do wrong, that they rise not again: Break the jaws of the wicked, and pluck the spoyl out of his teeth. Thus if you do, the wicked shall fear you, the good shall blesse you, the poor shall pray for you, posterity shall praise you, your own hearts shall chear you, and the great God of Heaven shall reward you. This that you may do in some good measure, the same God p. 124of Heaven enable you: and give you and every of us grace in our Aseverall places and callings to seek his glory, and to endeavour the discharge of a good conscience. To which God blessed for ever, Father, Sonne, and Holy Ghost, three Persons and one eternall, invisible and onelyonly wise God, be ascribed all the Kingdome, Power, and Glory, for ever and ever. AMEN.