Fourteen Sermons, Sermon 3
AD MAGISTRATUM. The Third Sermon. At the Assises at Lincolne, 4. Aug. 1625. at the request of the High Sheriffe aforesaid, WILLIAM LISTER Esquire.
PSALME 106.30.
Then stood up Phinehes, and executed judgement: and the plague was stayed.
THe abridgement is short, which some have made of the whole Book of Psalmes, but into two words, Sect. 1.Hosannah, and Hallelujah: most of the Psalmes spending themselves,The Argument cited out of Guevara. as in their proper arguments, either in Supplication, praying unto God for his blessings, and that is Hosannah; or in Thanksgiving, blessing God for his goodnesse, and that is Hallelujah. This Psalme is of the later sort. The word Hallelujah, both prefixed in the title, and repeated in the close of it, sufficiently giveth it to be a Psalm of Thanksgiving: as are also the three next before it, and the next after it. All which five Psalmes together, as they agree in the same general argument, the magnifying of Gods holy name: so they differ every one from other in choyce of those speciall and topicall arguments, whereby the praises of God are set forth therein. In the rest, the Psalmist draweth his argument from other considerations: in this, from the consideration of Gods mercifull removall of those judgements he had in his just wrath brought upon his own people Israel for their sinnes, upon their repentance.
For this purpose there are sundry instances given in the Psalme, taken out of the Histories of former times:Sect. 2. out of which there is framed as it were a Catalogue, and matter of this Psalme.though not of all, yet of sundry the most famous rebellions of that people against their God, and of Gods both justice and mercy abundantly manifested in his proceedings with them thereupon. In all which we may observe the passages betwixt God and them, in the ordinary course of things, ever to have stood in this order. First, he preventeth them with undeserved favours: they unmindfull of his benefits, provoke him by their rebellions: he in his just wrath chastiseth them with heavie plagues: they humbled under the rod, seeke to him for ease: he upon their submission withdraweth his judgements from them. The Psalmist hath wtapped all these five together in Vers. 43, 44. Many times did he deliver them: but they provoked him with their counsels, and were brought low for their iniquity: the three first. Neverthelesse he regarded their affliction, when he heard their cry: the other two.
Sect. 3.The particular rebellions of the people in this Psalme instanced in, are many;The Coherence, scope, some before, and some after the verse of my Text. For brevity sake, those that are in the following verses I wholly omit; and but name the rest. Which are, their wretched infidelity and cowardise upon the first approch of danger at the Red Sea, verse 7. Their tempting of God in the desert, when lothing Manna they lusted for flesh, verse 13. Their seditious conspiracy under Corah and his confederates against Moses, verse 16. Their grosse Idolatry at Horeb in making and worshipping the golden Calfe, verse 19. Their distrustfull murmuring at their portion, in thinking scorn of the promised pleasant Land, verse 24. Their fornicating both bodily with the daughters, and spiritually with the Idols of Moab and of Midian, verse 28. To the prosecution of which last mentioned story, the words of my Text do appertain. The origine story it self, whereto this part of the Psalme referreth, is written at full by Moses in Numb. 25. and here by David but aBreviter totū di…it: quia non hic nescientes docet, sed commemorat scientes. Aug. hic.briefly touched, as the present purpose and occasion led him. Yet so, as that the most observable passages of the History are here remembred: in three verses three speciall things, The Sin, the Plague, the Deliverance. The Sinne, with the Aggravation thereof, v. 28. [They joyned themselves also unto Baal-Peor, and ate the Sacrifices of the dead.] The Plague with the Efficient cause thereof, both Impulsive and Principall, verse 29. [Thus they provoked him to anger with their inventions, and the Plague brake in upon them.] The Deliverance, with the speciall meanes and Instrument thereof, is this 30. verse. [Then stood up Phinehes, and executed judgement, and the plague was stayed.]
In which words are three things especially considerable. The Person; Sect. 4.the Action of that Person; and the successe of that Action.and Division of the Text. The Person, Phinehes. His Action twofold: the one preparatory, he stood up; the other completory, he executed judgment. The Successe, and issue of both; the plague was stayed. The person holy, the action zealous, the successe happy. Of each of these I shall endeavour to speak something, applyably to the present condition of these heavy times, and the present occasion of this frequent assembly. But because the argument of the whole verse is a Deliverance, and that Deliverance supposeth a plague, and every plague supposeth a sin: I must take leave before I enter upon the Particulars now proposed from the Text, first a little to unfold the originall story; that so we may have some more distinct knowledge both what Israels sinne was, and how they were plagued, and upon what occasion and by what means Phinehes wrought their deliverance.
When Israel,Sect. 5. travelling from the Land of bondage to the Land of Promise through the wildernesse, Balac… plot;were now come as far as aNum. 22.1.the plaines of Moab, and there encamped: Balac the then King of Moab, notbIbid. 2.3. daring to encounter with that people, before whom cSihon K. of the Amorites, and Og K. of Basan. Numb. 21.two of his greatest neighbour Princes had lately fallen; dAscitos seniores Madiani, qui proxi mi regno ejus erant, & amici, consuluit quid facto opus esset. Hist Scholast. in Num. c. 32.consulted with the Midianites, his neighbours and allies, and after some advice resolved upon this conclusion, to hire eNum. 22.5.—7.Balaam a famous Sorcerer in those times and quarters, to lend them his assistance: plotting with all their might, and his art, by all possible meanes to withdraw Gods protection from them; wherein they thought (and they thought right) the strength and safety of that people lay. But there is no Counsell against the Lord; nor fNum. 23.23.inchantment against his people. Where he will blesse, (and he will blesse where he is faithfully obeyed and depended upon;) neither power nor policy can prevaile for a Curse. Balaam the wicked wretch, though he g2 Pet. 2.15.loved the wayes of unrighteousnesse with his heart; yet, God not suffering him, he could not pronounce a Curse with his lips against Israel, but in stead of cursing them, hNum. 23.11. & 24.10.blessed them altogether.
But angry at Israel, whom,Sect. 6. when faine he would he could not curse; yea and angry at God himself,and Balaams policy against Israel. who by restraining his tongue had voided his hopes, and aNum. 14.11.withheld him from pay, and honour: the wretched covetous Hypocrite, as if he would at once be avenged both of him and them, imagineth a mischievous device against them full of cursed villany. He giveth the Moabites and the Midianites bNum. 31.16. Revel. 2.14. See also Joseph 4 Antiquit. Jud. 5.counsell to smother their hatred with pretensions of peace, and by sending the fairest of their daughters among them, to enveigle them with their beauty, and to entice them first to corporall, and after, by that, to spirituall whoredome: That so Israel, shrinking frow the Love and Feare and Obedience of their God, might forfeit the interest they had in his protection; and by sinne bring themselves under that wrath and curse of God, which neither those great Princes by their Power, nor their wisest Counsellers by their Policy, Sect. 7.with the successe thereof; both in their Sinne.nor Balaam himself by his Sorcery, could bring upon them.
This damned counsell was followed but too soon, and prospered but too well. The daughters of Moab come into the Tents of Israel; and by their blandishments put out the eyes, and steal away the hearts of Gods people: whom, besotted once with lust, it was then no hard matter to leade whither they listed, and by wanton insinuations to draw them to sit with them in the Temples, and to accompany them at the aNumb. 25.feasts, and to eate with them of the sacrifices, yea and to bow the knees with them to the honour of their Idols. Insomuch as Israel bPsal. 106.28joyned themselves to Baal-peor, and ate the sacrifices of that dead and abominable Idol at the least (for all Idols are such) if not, as most have thought, a cquem Graecia Priapum dixit. Hist. Scolast. in Num. c. 34. & alii securi Hieronym. in c. 9. Osee; & 1. cont. Io. 12. See Vatabl. in Num. 25.3. Selden Synt. 1. d: DIS Syr. c. 5. Iael. Bisciol. 3. hor. subces. 20.beastly and obscene Idoll withall. That was their sin.
And now may Balak save his money, and Balaam spare his paines: there is no need of hiring, or being hired to curse Whoremongers and Idolaters. Sect. 8.These are two plaguy sinnes: and such as will bring a curse upon a people without the help of a Conjurer. And Punishment.When that God, who is a aExod. 20.5.jealous God, and jealous of nothing more then his bEsa. 41.8.honour, shall see that people, whom he had made cDeut. 7.6.choyce of from among all the nations of the earth to be his own peculiar people, and betrothed to himself by an everlasting dEzek. 16.8.Covenant, to eIbid 38.break the Covenant of Wedlock with him, and to strumpet it with the daughters and Idols of Moab: what can be expected other, then that his jealousie should be turned into fury; and that his fierce wrath should fPsal. 106.29.break in upon them as a deluge, and overwhelme them with a sudden destruction? His patience so far tempted, and with such an unworthy provocation, can suffer no longer: But at his command gNum. 25.4, 5·Moses striketh the Rulers; and at Moses his command, the under-rulers must strike each in their severall regiments, those that had offended; and he himself also striketh with his own hand, by a plague destroying of them in one dayh1 Cor. 10.8, 9. the other thousand (Num. 25 9) it seemeth were those that were hanged up by Moses, and slain by the Rulers. three and twenty thousand.
If that Plague had lasted many dayes, Israel had not lasted many dayes. But the people by their plague made sensible of their sinne, humbled themselves (as it should seem,Sect. 9. the very first day of the plague) in a solemn and aNum. 25.6.generall assembly,Zimri's provocation. weeping and mourning both for Sinne and Plague, Before the door of the Tabernacle of the Congregation. And they were now in the heat of their holy sorrow and devotions; when loe bIbid. 14.Zimri, a Prince of a chiefe house in one of their Tribes, in the heat of his Pride and lust, cometh openly in the cIbid. 6.face of Moses and all the Congregation, and bringeth his Minion with him, Cosbi the daughter of one of the dCompare Nū. 25.15. with Num. 31 8.five Kings of Midian into his Tent, there to commit filthinesse with her.
Doubtlesse Moses the Captain, and Eleazar the Priest, & all Israel that saw this shamelesse prank of that lewd couple,Sect. 10. and his execution. saw it with grief enough. But Phinehes enraged with a Pious indignation to see such foul affront given to God, and the Magistrate, and the Congregation, at such a heavy time, and in such open manner, and for that very sinne for which they then lay under Gods hand; thought there was something more to be done then bare weeping: and therefore his blood warmed with an holy zeale, he aNum. 25.7, 8▪starteth up forthwith, maketh to the Tent where these two great personages were, and as they were in the act of their filthinesse, speedeth them both at once, and nayleth them to the place with his Javeline. And the next thing we heare, is, God well pleased with the bIbid. 11.zeal of his servant, and the execution of those malefactors, is appeased toward his people, and withdraweth his hand and his plague from them. And of that deliverance my Text speaketh; (Then stood up Phinehes, and executed judgement, and so the Plague was stayed.)
The Person, the instrument to work this deliverance for Israel,Sect. 11. was Phinehes. He was the sonne of Eleazar, The Person of Phinehes considered.who was then High Priest in immediate succession to his father Aaron, not long before deceased: and did himselfe afterward succeed in the High-priesthood unto Eleazar his Father. A wise, a godly, and a zealous man: employed afterwards by the State of Israel in the greatest affaires, both of aNum. 31 6.War and bJos. 22.13, 31, 32.Ambassie. But it was this Heroicall act of his, in doing execution upon those two great audacious offenders, which got him the first, and the greatest, and the lastingst renowne. Of which Act more anon, when we come to it. In his Person, we will consider onelyonly what his calling and condition was; and what congruity there might be between what he was, and what he did. He was of the Tribe of Levi: and that whole Tribe was set apart for the cNum. 1.19, &c.service of the Tabernacle. And he was of the sonnes of Aaron, & so foreign, of the Family and Linage of the High Priests: and the Priests office was to offer sacrifices and to burn incense, and to pray and make atonement for the People. Neither Levite nor Priest had to intermeddle with matters of Iudicature, unlesse in some few causes, and those for the most part concerning matters either meerly, or mixtly Ecclesiasticall: but neither to give sentence, nor to do execution, in matters and causes meerly Civil, as by any right or vertue of his Leviticall or Priestly office.
The more unreasonable is the High Priest of Rome, to challenge to himself any temporall or Civil jurisdiction, Sect. 21.The spiritual power doth not include the Temporal.as virtually annexed to his spirituall Power, or necessarily derived thence. Templum and Praetorium, the Chaire and the Throne, the Altar and the Bench, the Sheephook and the Scepter, the Keyes and the Sword; though they may sometimes concurre upon the same person, yet the Powers remaine perpetually distinct and independant, and such as do not of necessity inferre the one the other. Our Saviours aLuke 21.26.Vos autem non sic hath fully decided the Controversie; and for ever cut off all claime of temporall jurisdiction, as by any vertue annexed to the Keyes. If the Bishops of Rome could have contented themselves to have enjoyed those Temporalties, wherewith the bounty of Christian Emperours had endowed that Sea (whether well, or ill, whether too much, or no, I now inquire not,) but if they could have been content to have holden them upon the same termes they first had them, without seeking to change the old tenure; and to have acknowledged them, as many of their fellow-Bishops do, to have issued not at all by necessary derivation from their spirituall Power, but meerly and altogether from the *Nec in quenquam Presbyt…rum, Episcopum, sive Papam convenit co…ctivam in hoc seculo jurisdiction…m sibi h…bere; ni si ea…ē sibi per hum…num legislator…m concessa fu…rt, in cajus potestate est hanc ab ipsis semper revocare. Marsil. Patav. 2. defens. pacis. 5.free and voluntary indult of temporall Princes: the Christian Church had not had so just cause of complaint against the unsufferable tyrannies and usurpations of the Papacy; nor had the Christian world been embroyled in so many unchristian and bloudy quarrels, as these and former ages have brought forth. Yet the Canonists, and they of the Congregation of the Oratory, like down-right flatterers, give the Pope the Temporall Monarchy of the world, absolutely and bPapa jure divino est directè dominus O bis. Pesant de i…m…nit. Eccles. p. 45. id… defendunt Baronius, Bosii d…o, Zecchus, C…rerius al…i.directly, as adhering inseparably to his Sea, and as a branch of that Charter which Christ gave to Peter, when he made him Head of the Church, for himself and his successors for ever. The Iesuites more subtle than they, not daring to deny the Pope any part of that Power, which any other profession of men have dared to give him, and yet unable to assert such a vast power from those inconveniencies which follow upon the Canonists opinion; have found out a meanes to put into the Popes hands the exercise of as much temporall power as they bluntly and grossely give him, and that to all effects and purposes as full and in as ample manner as they: yet by a more learned and refined flattery, as resulting from his spirituall Power, not directly and per se, but cSee Bellarm. 5 de Rom. Pontif. 6.obliquely and indirectly and in ordine ad spiritualia. The Man himself, though he pretend to be supreme infallible judge of all Controversies yet heareth both, parties, and taketh advantage of what either give him, as best sorteth with his present occasions, and suffereth them to fall foul each upon other, these accounting them grosse flatterers, and they again these dadversus impios Politicos. Cater. de potest. in titulo libri.wicked …oliticians: but dareth not for his life determine whether side is in the right; lest, if he should be put to make good his determination by sufficient proof, both should appeare to be in the wrong and he lose all; which, whilest they quarrell, he still holdeth. It is a certain thing; The spirituall Power conferred in Holy Orders doth not include the Power of Temporall jurisdiction. If Phinehes here execute judgement upon a Prince of Israel;Sect. 13▪ it is indeed a good fruit of his zeal, nor yet exclude it.but no proper act of his Priesthood.
Let it go for a non sequitur then, as it is no better; because Phinehes, a Priest, or Priests sonne, executed judgement, that therefore the Priestly includeth a Iudicatory Power. Yet from such an act, done by such a Person, at least thus much will follow, that the Priesthood doth not exclude the exercise of Iudicature; and that there is no such repugnancy and inconsistency between the Temporall and Spirituall Powers, but that they may without incongruity concurre and reside both together in the same person. When I find anciently, that not onelyonly among the ai e. Regis quidem haec munia esse jussit, …rimùm, ut s…crorum & sacrificiorū principatum haber…t. Dionys. Halicar. lib. 2. See also Cic. 1. de divin. foreign. de Aegyptiis. Plutarch. lib. de I…. & Osir.Heathens, but even among Gods own people, the same man might be a King and a Priest, (bVirgil. 3. Aeneid. Rex idem hominum Phoebique Sacerdos,) as Melchisedec was both a cGen. 14.17.Priest of the most High God, and King of Salem: when I see it consented by all, that so long as the Church was Patriarchall, the Priestly and the Iudicatory Power were both setled upon one and the same Person, the Person of the dSacerdot…um fuit annexum primogeniturae usque ad legem datám per Mosca. Lyran. in Gen. 14.18. See also Lyran. …n Num. 3.12. & 8.16, &c.first-born: when I read of Eli the Priest of the sonnes of Aaron e1 Sam. 4.18.judging Israel 40. yeares, and of Samuel, certainly a Levite (though not, as f.Aug. 17. de civit. 4 & in Psal. 98. Sulpit. Sever. lib. 1 Hist. sacra.some have thought, gLevita Samuel nō Sacerdos, non Pontifex fuit Hieron. lib. cont. Jovin. v. Drus. not. ad Sulpi…. Hist. p. 154.a Priest) both going circuit, as a h1 Sam. 7.16.Iudge itinerant in Israel, and doing execution too with his own hands upon i1 Sam. 15.33.Agag; and of k1 Chron. 26.29.32.Chenaniah and his sonnes, Izharites, and Hashabiah and his brethren Hebronites, and others of the families of Levi, appointed by King David to be Judges and Officers, not onelyonly in all the businesse over the Lord, but also for lIn omni negotio divino & humano. Vatab in 1. Parab. 26.outward businesse over Israel, and in things that concerned the service of the King: when I observe in the Church-stories of all ages, ever since the world had Christian Princes, how Ecclesiasticall persons have been imployed by their Soveraigns in their weightiest consultations and affairs of State; I cannot but wonder at the inconsiderate rashnesse of some forward ones in these daies, who yet think themselves (and would be thought by others) to be of the wisest men, that suffer their tongues to runne riot against the Prelacy of our Church, and have studied to approve themselves eloquent in no other argument so much, as in inveighing against the Courts, and the Power, and the Iurisdiction, and the Temporalties of Bishops and other Ecclesiasticall persons. I speak it not to justifie the abuses of men, but to maintain the lawfulnesse of the thing. If therefore any Ecclesiasticall person seek any Temporall office or power by indirect, ambitious, and preposterous courses: if he exercise it otherwise then well; insolently, cruelly, corruptly, partially; if he claim it by any other then the right title, the free bounty and grace of the supreme Magistrate; let him bear his own burden; I know not any honest Minister that will plead for him. But since there is no incapacity in a Clergy-man, by reason of his spirituall Calling, but he may exercise temporall Power, if he be called to it by his Prince, as well as he may enjoy temporall Land if he be heire to it from his Father: I see not but it behoveh us all, if we be good Subjects and sober Christians, to pray that such as have the power of Iudicature more or lesse in any kind or degree committed unto them, may exercise that power wherewith they are entrusted, with zeal and prudence and equity, rather than out of envy at the preferment of a Church-man take upon us little lesse than to quarrel the discretion of our Soveraignes. Phinehes, though he could not challenge to execute judgement by vertue of his Priesthood;Sect. 14. yet his priesthood disabled him not from executing judgement.Phinehes his fact examined.
That for the Person. Followeth his Action: and that twofold: He stood up, He executed judgement. Of the former first; which, though I call it an Action, yet is indeed a Gesture properly, and not an Action. But, being no necessity to bind me to strict propriety of speech, be it Action, or Gesture, or what else you will call it; the circumstance and phrase, since it seemeth to import some materiall thing, may not be passed over without some consideration. [Then stood up Phinehes.] Which clause may denote unto us, either that extraordinary spirit whereby Phinehes was moved to do judgement upon those shamelesse offenders; or that forwardnesse of zeal, in the heat whereof he did it; or both. Phinehes was indeed the High Priests sonne, as we heard; but yet a private man and no ordinary Magistrate: and what had any private man to do to draw the sword of justice, or but to sentence a malefactor to dye? Or, say he had been a Magistrate; he ought yet to have proceeded in a legall and judiciall course, to have convented the parties, and when they had been convicted in a fair triall and by sufficient witnesse, then to have adjudged them according to the Law; and not to have come suddenly upon them foreign, as they were acting their villany, and thrust them thorow uncondemned. I have aSerm. 2. ad Cler. Sect. 30.elsewhere delivered it as a collection not altogether improbable from the circumstances of the originall story, that Phinehes had warrant for this execution from the expresse command of Moses the supreme Magistrate, and namely by vertue of that Proclamation, whereby he authorized the bNumb. 25.5.Under-Rulers to slay every one his men that were joyned unto Baal-Peor, Num. 25.5. And I since find that conjecture confirmed by the judgement of some learned men: insomuch as an eminent Writer in our Church saith, that cHall 7. Contempl. 4.By vertue of that Commission every Israelite was made a Magistrate for this execution. But looking more neerly into the Text, and considering that the Commission Moses there gave, was first onelyonly to the Rulers, and so could be no warrant for Phinehes, unlesse he were such a Ruler, which appeareth not; and secondly, concerned onelyonly those men that were under their severall governments, and so was too short to reach Zimri, who being himself a Prince, and that of another Tribe too, the Tribe of dNum. 25.5.Simeon, could not be under the government of Phinehes, who was of the Tribe of Levi: how probable soever that other collection may be, yet I hold it the safer resolution which is commonly given by Divines for the justification of this fact of Phinehes, that he had an extraordinary motion and a peculiar secret instinct of the Spirit of God, powerfully working in him, and prompting him to this Heroicall Act.
Certainly, God will not approve that work which himself hath not wrought. Sect. 15.But to this Action of Phinehes God hath given large approbation,and just…fied. both by staying the plague thereupon, and by rewarding Phinehes with an aNum. 25.12, 13.everlasting Priesthood therefore, and by giving expresse testimony of his zeal and righteousnesse therein: as it is said in the next verse after my Text, [bPsal. 106.31. And it was accounted to him for righteousnesse.] Which words in the judgement of learned Expositors, are not to be understood barely of the righteousnesse of Faith, as it is said of Abraham, that cGen. 15.6. applied by Saint Paul. Rom. 4.3.he believed God, and it was imputed to him for righteousnesse (as if the zeal of Phinehes in this act had been a good evidence of that faith in Gods promises, whereby he was justified, and his Person accepted with God;) though that also: but they do withall import the justification of the Action, at least thus far, that howsoever measured by the common rules of life it might seem an unjust action; and a rash attempt at the least, if not an haynous murder, as being done by a private man without the warrant of authority; yet was it indeed, not onelyonly in regard of the intent a zealous action,, as done for the honour of God, but also for the ground and warrant of it, as done by the speciall secret direction of Gods holy Spirit, a just and a righteous action. Possibly this very word of standing up importeth that extraordinary spirit. For of those Worthies, whom God at severall times endowed with Heroicall spirits, to attempt some speciall work for the delivery of his Church, the Scriptures use to speak in words and phrases much like this. It is often said in the book of Judges, that God dIud. 3.9, 15. &c. & 2.16.18.raised up such and such to judge Israel, and that Deborah and Iair ▪ and others eIud▪ 5.7, & 10.1, 3, &c.rose up to defend Israel: that is, fIud. 3.10.The spirit of God came upon them, as is said of Othoniel, Iudg. 3. and by a secret, but powerfull instinct, put them upon those brave and noble attempts, they undertook and effected for the good of his Church. Raised by the impulsion of that powerfull spirit, which gNescit tarda molimina Spiritús Sancti gratia. Ambr. 2. in Luc. 3.admitteth no slow debatements, Phinehes standeth up: and feeling himself called not to deliberate, but act; without casting of scruples, or fore-casting of dangers, or expecting commission from men when he had his warrant sealed within, he taketh his weapon, dispatching his errand, and leaveth the event to the providence of God.
Let no man now, unlesse he be able to demonstrate Phinehes spirit, presume to imitate his fact. Those Opera liberi spiritûs, Sect. 16.as Divines call them, as they proceeded from an extraordinary spirit, yet not to be imitated,so they were done for speciall purposes: but were never intended, either by God that inspired them, or by those Worthies that did them, for ordinary or generall examples. The errour is dangerous, from the priviledged examples of some few exempted ones to take liberty to transgresse the common rules of Life and of Lawes. It is most true indeed, the Spirit of God is a free Spirit, and not tied to strictnesse of rule, nor limited by any bounds of Lawes. But yet that free spirit hath astricted thee to a regular course of life, and bounded thee with Lawes: which if thou shalt transgresse, no pretension of the Spirit can either excuse thee from sinne, or exempt thee from punishment. It is not now every way, as it was before the coming of Christ, and the sealing up of the Scripture Canon: God having now setled a perpetuall form of government in his Church; and given us a perfect and constant rule, whereby to walk, even his holy word. And we are not therefore now vainly to expect, nor boastingly to pretend a private spirit, to lead us against, or beyond, or but beside the common rule: nay we are commanded to try all pretensions of private spirits by that common rule. aEsay 8.20.Ad legem & ad testimonium, to the Law, and to the Testimony: at this Test examine and b1 John 4.1.Try the spirits whether they are of God, or no. If any thing within us, if any thing without us exalt it self against the obedience of this rule; it is no sweet impulsion of the holy spirit of God, but a strong delusion of the lying spirit of Sathan.
But is not all that is written, written for our Example? or why else is Phinehes act recorded and commended,Sect. 17. if it may not be followed?but with limitation First, indeed Saint Paul saith, aRom. 15.4.All that is written is written for our learning: but Learning is one thing, and Example is another; and we may learn something from that which we may not follow. Besides, there are Examples for b1 Cor. 10.11.Admonition, as well as for Imitation. Malefactors at the place of execution, when they wish the by-standers to take example by them, bequeath them not the Imitation of their courses, what to do; but Admonition from their punishments, what to shunne: Yea thirdly, even the commended actions of good men are not ever exemplary in the very substance of the action it self; but in some vertuous and gracious affections, that give life and lustre thereunto. And so this act of Phinehes is imitable: Not that either any private man should dare by his example to usurpe the Magistrates office, and to do justice upon Malefactors without a Calling; or that any Magistrate should dare by his Example, to cut off gracelesse offenders without a due judiciall course: but that every man who is by vertue of his Calling endued with lawfull authority to execute justice upon transgressors, should set himself to it with that stoutnesse and courage and zeal, which was in Phinehes.
If you will needs then imitate Phinehes, imitate him in that for which he is commended and rewarded by God,Sect. 18. and for which he is renowned amongst men:unto his zeal; and that is not barely the action, the thing done; but the Affection, the zeal wherewith it was done. For that zeal God commendeth him, Numb. 25. verse 11. [aNum. 25.11. Phinehes the sonne of Eleazar, the sonne of Aaron the Priest, hath turned away my wrath from the children of Israel, whilest he was zealous for my sake among them.] And for that zeal God rewardeth him, Ibid. verse 13. [bIbid. 13. He shall have and his seed after him the Covenant of an everlasting Priesthood, because he was zealous for his God.] And for that zeal did Posterity praise him: the wise cSirac. 45.23.sonne of Sirac, Eccl. 45. and good old d1 Mac. 2.54.Mattathias upon his death-bed, 1 Macc. 2. And may not this phrase of speech, He stood up and executed judgement, very well imply that forwardnesse and heat of zeal? To my seeming it may. For whereas Moses and all the Congregation sate weeping (a eAs Neh. 1.4. Job 2.13. Psal. 137.1. Esay 47.1, 8.gesture often accompanying sorrow,) or perhaps yet more to expresse their sorrow, lay grovelling upon the Earth, mourning and sorrowing for their sin, and for the Plague: it could not be but the bold lewdnesse of Zimri in bringing his strumpet with such impudence before their noses, must needs adde much to the grief, and bring fresh vexation to the soules of all that were righteous among them. But the rest continued, though with double grief, yet in the same course of humiliation, and in the same posture of body, as before. OnelyOnly Phinehes, burning with an holy indignation, thought it was now no time to sit still, & weept but rowzing up himself and his spirits with zeal as hot as fire, fVerbum ipsum soliditatem mentis ostendit. Cassiodorus; Constanter. Lyranus▪ Constantiâ mentis & audaciâ operis. Ludolfus hic. He had zeal in the fear of the Lord, and stood up with good courage of heart. Sirac. 45.23.he stood up from the place where he was, and made haste to execute judgement.
Here is a rich example for all you to imitate, whom it doth concern: I speak not onelyonly, nor indeed so much, to you the Honourable and reverend Iudge of this Circuit; of whose zeal to do justice and judgment I am by so much the better perswaded, by how much the eminency of your place, and the weight of your charge, and the expectation of the people doth with greater importunity aMasora populus semper à summo exigit. Senec. in Octav. Act. 2.exact it at your hands: But I speak withall, and most especially to all you, that are in Commission of the Peace, and whose daily and continuall care it should be; to see the wholesome lawes of the Realme duly and seasonably executed. Yea, and to all you also that have any office appertaining to justice, or any businesse about these Courts; so as it may lie in you to give any kind of furtherance to the speeding either of Iustice in Civil, or of judgement in Criminall causes.Sect. 19. Look upon the zeal of Phinehes: observe what approbation it had from God;Manifested by executing Iudgement. what a blessing it procured to his seed after him; what glorious renown it hath won him with all after-ages; what ease it did, and what good it wrought for the present state: and think if it be not worthy your imitation. bGal. 4.18.It is good, saith the Apostle, to be zealously affected alwaies in a good thing, And is it not a good thing to do justice, and to execute judgement? nay, Religion excepted (and the care of that is a branch of justice too) do you know any better thing? any thing you can do, more acceptable to God, more serviceable to the State, more comfortable to your own soules? If you be called to the Magistracie; it is c3 King. 9.your own businesse, as the proper work of your calling: and men account him no wiser then he should be, that sluggeth in his own businesse, or goeth heartlesly about it. It is the Kings businesse, who hath entrusted you with it: and he is scarce a good subject that slacketh the Kings businesse, or doth it to the halves. Nay, it is dChro. 19.6.the Lords businesse; for [Ye judge not for man, but for the Lord, who is with you in the cause and in the judgement:] and eJer. 48.10.Cursed is he that doth the Lords businesse negligently. That you may therefore do (all under one) your own businesse, and the Kings businesse, and the Lords businesse, with that zeal and forwardnesse which becometh you in so weighty an affaire; lay this pattern before your eyes and hearts! See what Phinehes did: and thereby both examine what hitherto you have done, and learn what henceforth you should do.
Sect. 20.First; Phinehes doth not post off the matter to others: the fervency of his zeal made him willing to be himself the Actor.1 Personally; He harboured no such cool thoughts as too many Magistrates do. [Here is a shamefull crime committed, by a shamelesse person, and in a shamelesse manner: pitty such an audacious offender should go unpunished. My heart riseth against him; and much adoe I have to refrain from being my self his executioner, rather then he should carry it away thus. But why should I derive the envy of the fact upon my self, and but gain the imputation of a busie officious fellow, in being more forward then others? A thousand more saw it as well as I; whom it concerneth as neerly as it doth me: and if none of them will stirre in it, why should I? Doubtlesse my uncle Moses, and my father Eleazar, and they that are in place of authority will not let it passe so; but will call him to account for it, and give him condigne punishment. If I should do it, it would be thought but the attempt of a rash young fellow. It will be better discretion therefore to forbear, and to give my betters leave to go before me.] Such pretentions as these would have kept off Phinehes from this noble exploit, if he had been of the temper of some of ours: who owe it to nothing so much as their lukewarmnesse, that they have at least some reputation of being moderate and discreet men. But true zeal is more forward then mannerly: and will not lose the opportunity of doing what it ought, for waiting till others begin. Alas, if every man should be so squeamish, as many are; nothing at all would be done. And therefore the good Magistrate must consider, not what others do, but what both he and they are in conscience bound to do: and though there should be many more joyned with him in the same common care, and with equall power, yet he must resolve to take that common affaire no otherwise into his speciall care, then if he were left alone therein, and the whole burden lay upon his shoulders. As when sundry persons are so bound in one common bond for the payment of one entire summe conjunctim & divisim, every one per se in toto & in solidum, that every particular person by himself is as well liable to the payment of the whole, as they altogether are. Admit loose or idle people (for who can hold their tongues?) shall for thy diligence say, thou art an hard and austere man, or busiest thy self more then thou hast thank for thy labour. First, that man never cared to do well, that is afraid to hear ill, Eccles. 11.4.He that observeth the wind, saith Salomon, shall not sow; and the words (especially of idle people) are no better. Secondly, He maketh an ill purchase, that forgoeth the least part of his duty, to gain a little popularity: the breath of the people being but a sorry plaster for a wounded conscience. Thirdly, what a man by strict and severe execution of Iustice loseth in the breadth, he commonly gaineth it all and more in the weight, and in the length of his Credit. A kind quiet Man; that carrieth it for the present, and in the voice of the multitude: but it is more solid, and the more lasting praise, to be reputed in the opinion of the better and the wiser sort, a Iust man, and a good Patriot, or Commonwealths-man. Fourthly, if all should condemn thee for that wherein thou hast done but bRegium est, cùm rectè feceris, audire malè.well, thy comfort is, thine own conscience shall bestead thee more then a thousand witnesses, and stand for thee against ten thousand tongues, at that last day, when c1 Cor. 4.5.the hearts of all men shall be made manifest, and every man that hath deserved well shall have praise of God, and not of man.
Secondly, Sect. 21.Phinehes as he did not post off this execution to other men, 2 Speedily;so he did not put it off to another day. Phinehes might have thought thus, [We are now in a religious work, humbling our selves in a publick, solemn, and frequent assembly before the face of God, to appease his just wrath against us for our sinnes: aVirgil. Eclog. 9.Et quod nunc instat agamus. It would be unseasonable leaving this work now: another time may serve as well to inflict deserved punishment upon that wicked miscreant.] But zeal will admit no bQui tardè fecit, diu noluit. Senec. 1. de benef. 1.put-offs; it is all upon the spur, till it be doing what it conceiveth fit to be done. There are no passions of the mind so impetuous, and so impatient of delay as cOdit verus am…r, nec patitur moras. Senec. in Herc. fur. act. 2.Love and dDum poenas odio per vim festinat inulte. Horat. 1. Epist. 2.Anger: and eNunc ira, amòrque causam junxê re: quid sequetur? Senec. in Med. act. 4.these two are the prime ingredients of true zeal. If any man should have interposed for Zimri, and taken upon him to have mediated with Phinehes for his reprivall: I verily think, in that heat he might sooner have provoked his own, then have prorogued Zimries execution. Delayes in any thing that is good, are ill: and in the best things, worst. As Wax when it is chafed, and Iron when it is hot, will take impressions: but if the Seal or Stamp be not speedily put to, the heat abateth, and they return to their former hardnesse: so the best affections of the best men, if they be not taken in the heat, abate, and lessen, and dye. In the administration then of Iustice, and the execution of Iudgement, where there is Zeal, there will be Expedition: and the best way to preserve Zeal where it is, is to use Expedition. I am not able to say where the want is, or where specially; but certainly a great want there is generally in this Kingdom of Zeal to Iustice, in some that should have it, if that complaint be as just, as it is common among men that have had suits in the Courts, that they have been fSaepè causas tantum d…fferunt,, quòd litigantibus plus quàm totum auferunt, quia major est expensarū sumptus quàm sententiae fructus. Innocent.wronged with far lesse damage then they have been righted: there have been so many gBern. lib. 1. de consid.frustratoriae and venatoriae dilationes (as Saint Bernard in his time called them) so many lingring and costly delaies used. And for Executing judgement upon Malefactors; if Phinehes had suffered Zimri to have lived but a day longer, for any thing we know the plague might have lasted also a day longer: and why might not to morrow have been as yesterday with them, and lessened the peoples number twenty three thousand more? especially their former crying sinnes having received a new accession of a double guilt, the guilt of Zimries fact, and the guilt of their connivence. No rack should make me confesse that man to be truly zealous of judgement, who when he hath power to cut him short, shall but so much as reprive a foul and notorious Malefactor; or grant him any respite or liberty to make his friends, and to sue a pardon. Salomon hath told us, and we find it but too true, hEccl. 8.11.Because sentence against an evil work is not executed speedily, therefore the heart of the sonnes of men is fully set in them to do evil.
Thirdly; Phinehes was nothing retarded in his resolution by forecasting what ill-will he might purchase,Sect. 22. or into what dangers he might cast himself by executing judgement upon two such great personages. 3. ResolutelyThe times were such, as wherein sin had gotten head, and was countenanced both with might and multitude: Zimri was a mighty man, a aNum. 25.14.Prince of a chief house; and he that should dare to touch him should be like to pull upon himself the enmity of the whole Tribe of Simeon. It seemeth he was confident that his might and popularity in his own Tribe would priviledge him from the enquiry of the Magistrate; how durst he else have so braved Moses, and the whole Congregation? And the woman also was the daughter of one of the bNum. 25.15. compared with Num. 31.8.Five Kings of Midian: and could Phinehes think that the death of two such great persons could go unrevenged? All this Phinehes either forecasteth not, or regardeth not. His eye was so fixed upon the glory of God, that it did not so much as reflect upon his own safety: and his thoughts strongly possessed with zeal of the common good, had not any leisure to think of private dangers. Zeal is ever cAmor timere neminem verus potest. Senec. in Med. act. 3. foreigncourageous; and therefore Iethro thought none worthy to be Magistrates, but such as were dviros virtutis. Exod. 8.21. Iustum esse facile est cui vacat pectus metu. Senec. in Oct. Act. 2.Men of courage: And he hath neither Courage nor Zeal in him befitting a Magistrate, that is afraid to do justice upon a great offender. eProv. …2.13 & 26.13.The sluggard saith there is a Lion in the way: and then he steppeth backward and keepeth aloof off. But the worthy Magistrate would meet with such a Lion to choose; that he might win awe to Gods Ordinance, and make the way passable for others, by tearing such a beast in pieces: and would no more fear to make a Worshipfull theef, or a Right worshipfull murtherer (if such a one should come in his Circuit) an example of Justice, then to twitch up a poor sheepstealer. Great ones will soon presume of impunity, and mean ones too by their example in time learn to kick at authority; if Magistrates be not forward to maintain the dignity of their places, by executing good Lawes without favour or fear. Hitherto of the spirit and zeal of Phinehes; by occasion of this his former Action or gesture of standing up: There yet remain to be considered the other action, and the successe of it; He executed judgement, and the plague was stayed. Both which, because I would not be long, I will joyne together in the handling; when I shall have first a little cleered the translation.
The Hebrew foreign here used is a word that hath three different significations:Sect. 23. to Iudge, to Pray, to Appease. And interpreters have taken liberty to make choice of any of the three in translating this place.Executing of judgement The Greek rendreth it [foreign] and the vulgar Latine, which for the most part followeth the Septuagint, [Placavit:] as if we should read it thus, Then stood up Phinehes, and made an atonement, or appeased God. And the thing is true, God himself testifying of Phinehes, Numb. 25. that aNum. 25.11.By being zealous for God he had turned away his wrath, and bIbid. 13.Made atonement for the children of Israel. The Chaldee interpreteth it by Vetsalle; and the ordinary English translation of the Psalmes usually read in our Churches accordingly, [Then stood up Phinehes, and prayed.] But Hierome and Vatablus and the best translators render it according to the most proper signification of the word, and most fully to the story it self, [Dijudicavit, He executed judgement.] Verily prayer is a speciall meanes to appease Gods wrath, and to remove his Plagues; and prayer is as the salt of the Sacrifice, sanctifying and seasoning every Action we undertake: and I doubt not but Phinehes, when he lift up his hand to execute judgement upon Zimri and Cosbi, did withall lift up his heart to God to blesse that action, and to turn it to good. In which respects, (especially if the word withall will bear it, as it seemeth it will,) some men should have done well not to have shewn so much willingnesse to quarrell at the Church-translations in our Service-book, by being clamorous against this very place as a grosse corruption, and sufficient to justifie their refusall of subscription to the Book.
But I will not now trouble either you or my selfe, with farther curiosity in examining Translations: because howsoever other Translations, that render it praying, or appeasing, may be allowed either as tolerably good, or at least excusably ill; yet this that rendreth it by Executing Iudgment is certainly the best, whether we consider the course of the Story it selfe, or the propriety of the word in the Originall, or the intent ▪ of the Holy Ghost in this Scripture. And this Action of Phinehes in doing judgement upon such a paire of great and bold offenders was so well pleasing unto God, that his wrath was turned away from Israel, and the plague which had broken in upon them in a sudden and fearfull manner, was immediately stayed thereupon.
Oh how acceptable a sacrifice to God,Sect. 24. above the blood of Bulls and of Goates,appeased the wrath of God; is the death of a Malefactor slaughtered by the hand of Iustice! When the Magistrate, who is aRom. 13.4.foreign, the Minister and Priest of God for this very thing, putteth his knife to the throat of the beast, and with the fire of an holy zeal for GOD and against sin offereth him up in Holocaustum for a whole burnt-offering, and for a peace-offering, unto the Lord. Samuel saith, that b1 Sam. 15.22.to obey is better than sacrifice: and Salomon, that cProv. 21.3.to do justice and judgement is more acceptable to the Lord than sacrifice. Obedience, that is the prime, and the best sacrifice: and the second best is the punishment of Disobedience. There is no readier way to appease GODS wrath against sinne, then is the rooting out of sinners: nor can his deputies by any other course turn away his just judgements so effectually, as by faithfull executing of Iustice and judgement themselves.
Sect. 25.When Phinehes did this act, the publick body of Israel was in a weak state,and stayed the Plague. and stood in need of a present and sharp remedy. In some former distempers of the State, it may be they had found some ease by dyet in aPsal. 35.13.humbling their soules by fasting; or by an issue at the tongue or eye, in an humble confession of their sinnes, and in weeping and mourning for them with teares of repentance. And they did well now to make triall of those remedies again, wherein they had found so much help in former times: especially the remedies being proper for the malady, and such as often may do good, but never can do harm. But alas, fasting, and weeping and mourning before the door of the Tabernacle of the Congregation had not strength enough against those more prevalent corruptions, wherewith the State of Israel was then pestered. This Phinehes saw; who well perceived, that (as in a dangerous pleurisie the party cannot live unlesse he bleed; so) if there were any good to be done upon Israel in this their little lesse than desperate estate, a vein must be opened, and some of the rank blood let out for the preservation of the rest of the body. This course therefore he tries: and languishing Israel findeth present ease in it. As soon as the blood ran, instantly the grief ceased: He executed judgement, and the plague was stayed.
Sect. 26.As God brought upon that people for their sinnes a fearfull destruction: Englands Plague.so he hath in his just wrath sent his destroying Angel against us for ours. The sinnes that brought that Plague upon them were Whoredome and Idolatry. I cannot say the very same sinnes have caused ours. For although the execution of good Lawes against both incontinent and idolatrous persons, hath been of late yeares, and yet is (we all know) to say no more, slack enough: yet, (Gods holy name be blessed for it) neither Idolatry nor Whoredome are at that height of shamelesse impudency and impunity among us, that they dare brave our Moseses, and out-face whole Congregations, as it was in Israel. But still this is sure, no plague but for sinne: nor nationall Plagues, but for Nationall sinnes. So that albeit none of us may dare to take upon us to be so far of Gods counsell, as to say for what very sinnes most this plague is sent among us: yet none of us can be ignorant, but that besides those secret personall corruptions which are in every one of us, and whereunto every mans own heart is privy, there are many publick and nationall sinnes, whereof the people of this Land are generally guilty, abundantly sufficient to justifie GOD in his dealings towards us, and to aPsal. 51.4.cleer him when he is judged. Our wretched unthankfulnesse unto GOD for the long continuance of his Gospel, and our peace: our carnall confidence and security in the strength of our wooden and watry walls: our riot and excesse (the noted proper sinne of this Nation) and much intemperate abuse of the good creatures of GOD in our meates and drinkes and disperts, and other provisions and comforts of this life: our incompassion to our brethren miserably wasted with War and Famine in other parts of the world: our heavy Oppression of our brethren at home, in racking the rents, and cracking the backes, and bEsay. 3.15.Grinding the faces of the poor: our cheap and irreverent regard unto Gods holy ordinances of his Word, and Sacraments, and Sabbaths, and Ministers: our wantonnesse and Toyishnesse of understanding, in corrupting the simplicity of our Christian Faith, and troubling the peace of the Church with a thousand niceties and novelties and unnecessary wranglings in matters of Religion: and (to reckon no more) that universall Corruption which is in those which (because they should be such) we call the Courts of Iustice, by sale of offices, enhauncing of fees, devising new subtilties both for delay and evasion, trucking for expedition, making trappes of petty penall Statutes, and but Cobwebs of the most weighty and materiall Lawes. I doubt not but by the mercy of God many of his servants in this Land are free from some, and some from all of these common crimes in some good measure: but I fear me, not the best of us all, not a man of us all, but are guilty of all or some of them, at least thus farre, that we have not mourned for the corruptions of the times so feelingly, nor endeavoured the reformation of them to our power so faithfully, as we might and ought to have done.
By these and other sinnes we have provoked Gods heavy judgement against us, and the Plague is grievously broken in upon us:Sect. 27. to be stayed, by adding to our humiliationsand now it would be good for us to know, by what meanes we might best appease his wrath, and stay this Plague. Publick Humiliations have ever been thought, and so they are, proper Remedies against Publick judgements: aJoel. 2.12, 15, &c. & Num. 25.6.To turne unto the Lord our God with all our heart, and with Fasting, and with Weeping, and with Mourning, to sanctifie a Fast, and call a solemn assembly, and gather the people and Elders together; and weep before the door of the Tabernacle of the Congregation; and to let the Priests the Ministers of the Lord weep between the Porch and the Altar▪ and to pray the Lord to spare his people, and not be angry with them for ever. Never did people thus humble themselves with true lowly penitent and obedient hearts, who found not comfort by it in the meane time, and in the end benefit. And blessed be God who hath put it into the heart of our Moses, with the consent of the Elders of our Israel, by his royall example first, and then by his bProclamation for a weekly fast, with a form of divine Service, and other directions; published 1625.royall command, to lay upon us a double necessity of this so religious and profitable a course.
But as our Saviour told the young man in the Gospel, who said he had kept the whole Law, aMark. 10.21.Unum tibi deest, One thing is wanting: so when we have done our best and utmost, fasted and wept and prayed as constantly and frequently and fervently as we can; unlesse you the Magistrates and Officers of justice be good unto us, one thing will be wanting still; One maine ingredient of singular vertue, without which the whole receipt besides, as precious and soveraign as it is, may be taken, and yet fail the cure. And that is, the severe and fearelesse and impartiall Execution of judgement. Till we see a care in the Gods on earth faithfully to execute theirs; our hopes can be but faint, that the God of Heaven will in mercy remove his judgements. If God send a b2 Sam. 21.1. &c.famine into the land; let holy David do what he can otherwise, it will continue yeare after yeare: so long as judgement is not done upon the bloody house of Saul, for his cruelty in slaying the Gibeonites, God will not be cIbid. vers. 14.entreated for the land. One known Achan, that hath got a wedge of gold by sacriledge or injustice, if suffered, is able to dJosh. 7.25, 26.trouble a whole Israel: and the Lord will eI will not be with you any more, except you destroy the accursed from among you. v. 12Not turn from the fiercenesse of his anger, till he have deserved judgement done upon him. If fNum. 25.3, 4.Israel have joyned himselfe unto Baal-Peor, so as the anger of the Lord be kindled against them; he will not be appeased by any meanes, untill Moses take the heads of the people, and hang them up before the Lord against the Sunne. If the Land be defiled with blood, it is in vain to think of any other course, when God himself hath pronounced it impossible that the Land should be gNum. 35.33.Purged from the blood that is shed in it, otherwise then by the blood of him that shed it.
Up then with the zeal of Phinehes, up for the love of God and of his people, all you that are in place of authority. Gird your swords upon your thigh, and with your javelins in your hand pursue the Idolater, and the Adulterer, and the Murtherer, and the Oppressour, and every known offender into his Tent, and naile him to the Earth, that he never rise again to do more mischief. Let it appeare what aforeign. Lysias apud Stob. Serm. 44.love you bear to the State, by your hatred to them: and shew your pity to us, by shewing none to them. The destroying Angel of God attendeth upon you for his dispatch: if you would but set in stoutly, he would soon be gone. Why should either sloth, or feare, or any partiall or corrupt respect whatsoever make you cruell to the good, in sparing the bad? or why should you suffer your selves, for want of courage and zeal to execute judgement, to lose either the opportunity, or the glory, of being the instruments to appease Gods wrath, and to stay his plagues?
But, for that matters appertaining to Iustice and Iudgement must passe through many hands before they come to yours;Sect. 30. and there may bee so much juggling used in conveighing them from hand to hand,With particular applications to that they may be represented unto you many times in much different formes from what they were in truth and at the first: That your care and zeale to execute Iustice and Iudgement faithfully according to your knowledge, may not through the fault and miscarriage of other men, faile the blessed end and successe that Phinehes found; I desire that every of them also as well as you would receive the word of Exhortation, each in his place and office to set himselfe uprightly and unpartially as in the sight of God to advance to the utmost of his power the due course and administration of Iustice. And for this purpose, by occasion of this Scripture, which pointeth us to the End of these Assemblies; I shall crave leave to reflect upon another, which giveth us sundry particular directions conducing to that End. And it is that Scripture whereinto we made some entrance the last Assizes, and would have now proceeded farther, had not the heavie hand of God upon us in this his grievous visitation led me to make choice rather of this Text, as the more seasonable. That other is written in Exodus 23. the three first verses. [Thou shalt not raise a false report: put not thine hand with the wicked to be an unrighteous witnesse. Thou shalt not follow a multitude to do evill: neither shalt thou speak in a cause to decline after many to wrest judgement. Neither shalt thou countenance a poor man in his cause.] Wherein were noted five speciall Rules, shared out among five sorts of persons; the Accuser, the Witnesse, the Iurer, the Pleader, the Officer. I will but give each of them some brief intimation of their duty, from their severall proper rules; and conclude.
If thou comest hither then as a Plantiffe, Sect. 31.or other Party in a civil cause, the Accuser;or to give voluntary Information upon a Statute, or to prosecute against a Malefactor, or any way in the nature of an Accuser: Let neither the hope of gain or of any other advantage to thy self, not secret malice or envie against thine adversary, nor thy desire to give satisfaction to any third party, sway thee beyond the bounds of truth and equity, no not a little; either to devise an untruth against thy neighbour of thine own head, or by an hard construction to deprave the harmelesse actions or speeches of others, or to make them worse than they are by unjust aggravations; or to take advantage of letters and syllables to entrap innocency without a fault. When thou art to open thy mouth against thy brother, set the first Rule of that Text as a watch before the door of thy lips, Thou shalt not raise a false report.
Sect. 32.If thou comest hither, secondly, to be used as a Witnesse;the Witnesse. perhaps aS…e Cic. pro Flac. although Turneb. 13. advers. 14. interpret the Proverb otherwise; Graecâ fide, id est optimâ.Graecâ fide, like a down-right Knight of the post, that maketh of an b—quibus jusjurandum jocus est, testimonium ludus: laus, merces, gratia, gratulatio proposita est—Cic. pro Flac.oath a jest, and a pastime of a deposition; or dealt withall by a bribe, or suborned by thy Land-lord or great Neighbour, or egged on with thine owne spleene or malice, to sweare and forsweare as these shall prompt thee; or to cforeign. dictum solenne Graecorum.enterchange deposition with thy friend as they used to doe in Greece, Hodie mihi, cras tibi, (sweare thou for me to day, Ile sweare for thee to morrow;) or tempted with any corrupt respect whatsoever, by thy word or oath to strengthen a false and unrighteous report. When thou comest to lay thy hand upon the booke, lay the second Rule in that Text to thy heart, Put not thy hand with the wicked to be an unrighteous witnesse. Though hand joyne in dProv. 19.5. & 9.hand The false witnesse shall not be unpunished.
If thou comest hither, thirdly, to serve for the King upon the Grand Inquest, Sect. 33. the Iurer.or between party and party, in any cause whatsoever (like those a—deinde Praetores urbani, qui jurati debent optimum quemque in selectos judices referre. Cic. p…o Cluent. Unum ex selectis judicibus objiciebat. Horat. 1. Serm. sat. 4.selecti judices among the Romans, whom the Praetor for the yeare being was to nominate, and that upon oath, out of the most able and serviceable men in his judgement, both for estate, understanding, and integrity;) or to serve upon the Tales, perhaps at thine own suit to get something toward bearing charges for thy journey; or yoaked with a crafty or a wilfull foreman that is made before-hand, and a messe of tame after-men withall that dare not thinke of being wiser than their leader; or unwilling to stickle against a major part, whether they goe right or wrong; or resolved already upon the Verdict, no matter what the Evidence be: Consider what is the weight and religion of an Oath. Remember that he sinneth not lesse that sinneth with company. Whatsover the rest doe, resolve thou to doe no otherwise then as God shall put into thy heart, and as the evidence shall leade thee. The third Rule in that Text must be thy rule, Thou shalt not follow a multitude to do evill. They are silly, that in point either of Religion or Iustice, would teach us to measure either Truth, or Right, by multitudes.
If thou comest hither, fourthly, as to thine harvest,Sect. 34. to reape some fruit of thy long and expencefull study in the Lawes, the Pleader;and to assist thy Client and his cause with thy Counsell, Learning, and Eloquence: thinke not, because thou speakest for thy Fee, that therefore thy tongue is not thine owne, but thou must speake what thy Client will have thee speake, be it true or false; neither thinke, because thou hast the liberty of the Court, and perhaps the favour of the Iudge, that therefore thy tongue is thine owne, and thou mayest speake thy pleasure to the prejudice of the Adversaries person or cause: Seeke not preposterously to win the name of a good Lawyer, by wresting and perverting good Lawes: or the opinion of the best Counsellour, by giving the worst and the shrewdest Counsell. Count it not as Protagoras did, the glory of thy profession, by subtilty of wit and volubility of tongue to aforeign. A Gol. 5. Noct. Att. 5.make the worse cause the better: but like a bVir bonus dicendi peritus. Cicero.good man, as well as good Oratour, use the power of thy tongue and wit to shame impudence, and protect innocency, to crush oppressours, and succour the afflicted, to advance Justice and Equity, and to help them to right that suffer wrong. Let it be as a ruled case to thee in all thy pleadings, not to speak in any cause to wrest judgement.
If lastly, thou art in any place or office of service, or trust, or command, or attendance about the Courts:Sect. 35. rejoyce not as if it were now in thy power to doe a friend a courtesie, or a foe a spite. the officer,Doe not shew a cast of thy office, for the promise or hope of a reward, in helping a great offender out of the Bryars. Compell not men that have been long weather-beaten in the Maine, and are now arrived at the Haven of their businesse, to wither for their pasports, untill they have offered some sacrifice to that great Diana, Expedition. Let no feare, or hope, or bribe, or letter, or envie, or favour, no not charity it self and compassion to the poverty or distressednesse of any make you partiall for the Person to disregard the Cause. If you would be charitable to the poore, give them from your owne, but doe not carve them from anothers trencher. To relieve a poor man in his wants, is the proper office of Charity: but Iustice must have no eyes to see, nor bowells to yearne at the wants of any man. Be he rich or poore that bringeth his cause hither; Currat lex, Let him finde such as he bringeth; Let him have as his cause deserveth. The last of those Rules must be thine, Thou shalt not countenance, no not a poor man in his cause.
If any of these to whom I have now spoken, Accusers, Witnesses, Sect. 36.and the Iudge.Iurers, Pleaders, Officers, shall transgresse these rules to the perverting of Iustice: our refuge must be next under God to you that are the Magistrates of Justice, and sit upon the Bench of Judicature. At your gravity and authority we must take sanctuary, against them that pursue us wrongfully, as at the hornes of the Altar. It is your Duty, (or if it be, as to most men it is, a more pleasing thing, to be remembred of their Power 'th… of their Duty) it is in your power, if not to reforme all the abuses and corruptions of these persons; yet to curbe their open insolencies, and to contain them at least within modest bounds. Nay, since I have begun to magnifie your power: let me speak it with all the due reverence to God and the King, there is no power so great, over which (in a qualified sense) you have not a greater power. It is in your power, to aPsal. 75.2, 3.beare up the pillars of the State when the land is even dissolved, and the pillars thereof grown weake: for that is done by judging the Congregation according to right, Psal. 75. In yours; to make this yet flourishing Country and Kingdome glorious or despicable: for bProv. 14.34.righteousnesse exalteth a Nation, but sinne is a reproch to any people, Prov. 14. In yours; to settle the Throne upon the King, and to entaile it by a kinde of perpetuity unto the right heire for many succeeding generations: for cProv. 16.12.The Throne is established by justice, Prov. 16. In yours; to discharge Gods punishing Angel, who now destroyeth us with a grievous destruction, and by unsheathing your Sword to make him sheath his: as here in my Text, Phinehes stood up, and executed judgement, and the plague ceased. In yours; though you be but Gods on Earth, and in these Courts, mortall and petty Gods, yet to send prohibitions into the Court of Heaven, and there to stop the judgements of the great and Eternall GOD before they come forth; yea and when the decree is gone forth, to stay execution. In a word, as it was said to Ieremy, but in another sense, you are dJer. 1.10.Set over Nations and over Kingdomes to root out, and to destroy, to build, and to plant. OnelyOnly then be intreated, to use that power God hath given you, unto edification, and not unto destruction. And now I have done my message. God grant unto all of us, that by our hearty sorrow and repentance for our sinnes past, by our stedfast resolutions of future amendment, and by setting our selves faithfully and uprightly in our severall places and callings to do God and the King and our Country service, in beating down sin, and rooting out sinners; we may by his good grace and mercy obtaine pardon of our sinnes, and deliverance from his wrath, and be preserved by his power through faith unto salvation. Now to God the Father, the Sonne, &c.