Thirty-Six Sermons, Collection of sermons 2 · Group of sermons 2 · Sermon 3

Thirty-Six Sermons · Collection of sermons 2 · Group of sermons 2 · Sermon 3

p. 635AD MAGISTRATUM.

The Third Sermon.

At the Assizes at Notingham, in the Year 1634. at the Request of ROBERT MELLISH Esq then High-Sheriff of that County.

1 Sam. 12. 3.

Behold, here I am, witness against me before the Lord, and before his Anointed: Whose Oxe have I taken? or whose Ass have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any bribe to blind mine eyes therewith? And I will restore it you.

1. ABold and just challenge of an old Iudg, made before all the People, upon his resignal of the Government into the hands of a new King. Samuel was the Man. Who, having continued (whilst Eli lived) in the Service of the Tabernacle, as a Levite, and a private Man, was (after his death) to undergo a new business; in the exercise of Publick 1 Sam. 7. 6. & 19.1 Sam 7:61 Sam 7:19Iudicature. For that phanatical Opinion, which hath possessed some in these later times, That no Ecclesiastical Person might lawfully exercise any Secular Power, was in those days unheard of in the World. Eli, though a a Priest, was a Iudg also; and so was Samuel, though a Levite, after—4. 18. him: And we find not, that either the People made any question at all, or that themselves made any scruple at all, of the lawfulness of those concurrent Powers. Samuel was now (as it is collected by those that have travelled in the Chronology) aged about five and thirty Years, and so in his full strength, when he was first Iudg: Which so long as it continued in any measure, he little respected his own case in comparison of the common Good; but took his **1 Sam. 7. 16, 17.1 Sam 7:161 Sam 7:17yearly Circuits about the Country, keeping Courts in the most ††—per loca ad judicandum opportuna. Lyra.convenient places abroad; besides his constant sittings at Rama, where his p. 636dwelling was, for the hearing and determining of Causes; to the great ease of all, and content (no doubt) of the most or best.

2. But by that he had spent about 30 years more in his Countries Service, he could not but find such decays in his Body, as would call upon him in his now declining Age, to provide for some ease under that **Aetate & curis gravatus. Gloss. interl. foreign. Joseph. l. 6. Antiq. 3. 1 Sam. 8. 1.——3.1 Sam 8:1great burden of Years and Business. Which that he might so do, as that yet the publick Service should not be neglected; he thought good to joyn his two Sons in commission with him. He therefore maketh them Iudges in Israel, in hope that they would frame themselves by his example to judg the people with such-like diligence and uprightness as himself had done. But the young Men, as they had far other aims than the good old Father had, so they took quite ††foreign. Joseph. ib.——4.other ways than he did. Their care was not to advance Iustice, but to fill their own Coffers; which made them soon to turn aside after lucre, to take bribes, and to pervert judgment. This fell out right for the Elders of Israel, who now had (by their miscarriage) a fair opportunity opened, to move at length for that they had long thirsted after, viz. the change of the Government. They gather themselves therefore together, that the cry might be the fuller; and to Ramah they come to Samuel, with many complaints and alledgments in their mouths. But the short of the business was, a King they must have, and a King they will have, or they will—5. not rest satisfied. It troubled Samuel not a little, both to hear of the misdemeanour of his sons, of whom he had hoped better; and to see the wilfulness of a discontented people, bent upon an Innovation. Yet he would consult with God before he would give them their answer. And then he answereth them, not by peremptorily denying them the thing they so much desired; but by **—placidè salubri oratine ab insana voluntate detorquet plebē. Sulpit. lib. 1.earnestly dissuading them from so inordinate a desire. But they persisting obstinately in their first resolution; by farther direction from the Lord, Samuel condescendeth to them, and dismisseth them, with a promise that it should be done to them as they desired, and a King they should have ere it were long.

3. And within a while he made good his promise. The Lord had designed Saul to be their King, and had secretly revealed the same to Samuel. Who did also, by God's appointment, first anoint him very privately, no Man being by, but they two alone; and after in a full Assembly of the people at Mispeth, evidenced him to be the Man whom God had chosen, by the determination of a Lot. Whereupon the most part of the people accepted Saul for their King elect; testifying their acceptance by their joyful acclamations, and by sending him Presents. Yet did not Saul then immediatly enter upon his full Regalities, (whether by reason of some contradiction made to his Election, or for whatsoever other cause) but that Samuel still continued in the Government; till upon occasion of the 1 Sam. 11. 1, &c.1 Sam 11:1Ammonites invading the Land, and laying siege against Iabesh Gilead, Saul made such proof of his valour by relieving the Town, and destroying the enemy, that no Man had the forehead to oppose against him any more. Samuel therefore took the hint of that Victory to establish Saul compleatly in the Kingdom, by calling the people to Gilgal, where the Tabernacle then was; where he once——24, &c. more anointed Saul before the Lord, and in a full Congregation, investing him into the Kingdom with great solemnity, Sacrifices of Peace-offerings, and all manner of rejoycings.

4. Now had the people, according to their desire, a King; and now was Samuel, who had long governed in chief, again become a private Man. Yet was he still the Lord's Prophet: and by virtue of that Calling, took himself bound to make the people sensible of the greatness of their sin, in being so forward to ask a King, before they had first asked to know the Lord's pleasure therein. And this is in a manner the business of the whole Chapter. Yet before he begin to fall upon them, he doth wisely, first, to clear himself; and for the purpose he p. 637challengeth all and every of them, if they could accuse him of any injustice, or corruption in the whole time of his Government, then and there to speak it out, and they should receive satisfaction, or else for ever after to hold their tongues; in the three first verses of this Chapter, but especially in this third verse, [Behold, here I am; witness against me before the Lord, &c.]

5. In which words are observable, both the Matter and Form of Samuel's Challenge. The Matter of it, (to wit, the thing whereof he would clear himself) is set down, first, in general terms: that he had not wrongfully taken to himself that which was anothers, [Whose Oxe have I taken? or whose Ass have I taken?] And then more particularly, by a perfect enumeration of the several species or kinds thereof: which being but three in all, are all expressed in this Challenge. All wrongful taking of any thing from another Man, is done either with or without the parties consent. If without the parties consent, then either by cunning or violence, fraud or oppression, over-reaching another by wit, or over-bearing him by might. If with the parties consent, then it is by contracting with him for some Fee, Reward, or Gratification. Samuel here disclaimeth them all, [Whom have I defrauded? whom have I oppressed? or of whose hand have I received a bribe, to blind mine eyes therewith? That is the matter of the Challenge.

6. In the form, we may observe concerning Samuel three other things. First, his great forwardness in the business, in putting himself upon the trial by his own voluntary offer, before he was called thereunto by others. [Behold, here I am.] Secondly, his great Confidence, upon the conscience of his own integrity; in that he durst put himself upon his trial before God and the World. [Witness against me before the Lord, and before his Anointed.] Thirdly, his great Equity, in offering to make real satisfaction to the full, in case any thing should be justly proved against him in any of the premisses, [Whose Oxe, or whose Ass, &c. and I will restore it you.]

7. The particulars are many: and I may not take time to give them all their due enlargements. We will therefore pass through them lightly; insisting perhaps somewhat more upon those things that shall seem more material or useful for this Assembly, than upon some of the rest, yet not much upon any. Neither do I mean, in the handling thereof, to tie my self precisely to the method of my former division; but following the course of the Text, to take the words in the same order, as I find them here laid to my hand. Behold, here I am; witness against me, &c.

8. Behold, here I am. More haste than needeth, may some say: It savoureth not well, that Samuel is so forward to justify himself, before any Man accuse him. Voluntary purgations commonly carry with them strong suspicions of guilt. We presume there is a fault, when a Man sweareth to put off a crime, before it be laid to his charge. True; and well we may presume it, where there appeareth not some reasonable cause otherwise for so doing. But there occur sundry reasons, some apparent, and the rest at least probable, why Samuel should here do as he did,

9. First, He was presently to convince the people of their great sin, in asking a King, and to chastise them for it with a severe reprehension. It might therefore seem to him expedient, before he did charge them with innovating the Government, to discharge himself first from having abused it. He that is either to **Omnia quae vindicaris in altero, tibi ipsi vehementer fugienda sunt. Cic. in Ver. 3.rebuke or to punish others for their faults, had need stand clear, both in his own conscience, and in the eye of the World, of those faults he should censure, and of all other crimes as foul as they, lest he be choaked with that bitter Proverb, retorted upon him to his great reproach; ††Luk. 4. 23. foreign. Iamb. apud Plut. de dignosc. adul.Luke 4:23Physician, heal thy self. ||Juven. sat. 2.Vitia ultima fictos contemnunt Scauros, & castigata remordent. How **Nihil est quod minùs ferendum sit, quàm rationem ab àltero vitae exposcers eum, qui non possit suae reddere. Cic. Divin. in Qu. Caecil.unequal a thing is it, and incongruous, that he who wanteth no ill conditions p. 638himself, should bind his neighbour to the good behaviour? That a **Homicidae tyrannus irascitur, & punit furta sacailegus. Senec. 2. de ira. 28 Luk. 6. 42.Luke 6:42sacrilegious Church-robber should make a Mittimus for a poor Sheep-stealer? Or, (as he complained of old) that great Thieves should hang up little ones? How canst thou say to thy brother, Brother, let me pull out the mote that is in thine eye, when behold there is a beam in thine own eye? That is, with what conscience, nay, with what face canst thou offer it? Turpe est doctori, every School-boy can tell you. See to it all you, who by the condition of your Callings are bound to take notice of the actions aud demeanors of others, and to censure them; that you ††Sic agitur censura, & sic exempla parantur: Cùm judex alios quod monet, ipse facit▪ Ovid. 6. fastor.walk orderly and unreproveably your selves. It is only the sincerity and unblameableness of your conversations, that will best add weight to your words, win awe and esteem to your persons, preserve the authority of your places, put life into your spirits, and enable you to do the works of your Callings with courage and freedom.

10. Secondly. Samuel here justifieth himself; for their greater conviction, and for the more aggravating of their sin. If his Government had been tyrannous, or corrupt, it had been somewhat the more excusable in them to have attempted a change, (tho I cannot say, that the greatest tyranny or corruption in a Governor imaginable, could have warranted such an attempt in toto): Yet, whatsoever fault there had been in them for so doing; had he been liable to any just exceptions in that kind, he must have born his share also of the blame, as well as they; they, for that their seditious attempt; and he, for giving them the occasion. Whereas his innocency putteth off all the blame from him, and leaveth it wholly upon them: who now can no more excuse themselves than they can accuse him. They had rejected him with a Nolumus hunc regnare: rather they had rejected **foreign Joseph. 1 Sam. 8. 7.1 Sam 8:7God in him, [They have not rejected thee; but they have rejected me, that I should not reign over them, Chap. 8.] It stood him therefore upon to clear himself from all sinister surmises and suspicions of injustice; that it might appear to them, and to all the World, that he had given them no cause why they should so reject him; and that therefore they must thank themselves for it, and not him, if in any after-times they should have cause to repent it. It is a brave thing for a Magistrate, or indeed for any Man, to walk with ††foreign. Gal. 2. 14.Gal 2:14an even foot, and in an upright course: that when bad people shall go about to disparage him, or to speak, or but think unworthily of him, he may be able to contest with them for the maintenance of his innocency, and to stand upon his own justification; as St. Paul did, I have cove…ed no Man's silver, or gold, or apparel. And as Moses did, I have not taken an Ass from them, neither have I hurt one of them. AndActs 20. 33. Num. 16. 33.Acts 20:33Num 16:33 as our blessed Saviour himself did, I have done many good works among you; for which of those works do you stone me? And as Samuel here doth, Behold, here I Joh. 10. 32.John 10:32am; witness against me, whose Ox, &c.

11. Thirdly. Samuel had now surrendred the administration into the hands of the new King: and so having given up his Office, he thought it meet to render Ultrò me sisto, at administratae à me Reip. rationem reddam. Jun. annot.an account how he hath carried himself therein. It goeth sore with an evil steward, to hear of a reckoning: whereas he that hath been faithful, desireth nothing more. Whatsoever our Callings are, we are but stewards over some part of God's Houshold: and it were good for us estsoons to remember, that our Master will require of us an account of our stewardships. The time will come, when we must Luk. 16. 3. 2 Cor. 5. 10. Mat. 12. 36. Wisd. 1. 9.Luke 16:32 Cor 5:10Matt 12:36Wis 1:9all appear before the Iudgment-seat of Christ, to give in our accounts: And we must look to have them examined most strictly, even ad ultimum quadrante…i, to the very utmost Farthing. Not an idle word, nor a vain thought, but must then be **—ut ne minimae quidem cogitationes, ac verba minutessima, ejus judicio indiscuss… reman… ant. Gregor. Rev. 6. 16.Rev 6:16accounted for. They that judg others now, shall then be re-judged; and all their proceedings re-examined and re-viewed with a most curious, unerring, and unpartial eye. O happy, thrice happy that servant, who conscious to his own faithfulness, shall not need to seek to the Hills and Rocks to hide him from the face of the great Iudg; or to run to the Thickets as Adam did, till he be p. 639fetcht out with that terrible process, (Adam, where art thou?) but shall readilyGen. 3. 8, 9.Gen 3:8Gen 3:9 present himself, with much assurance and comfort before him, as Samuel here did before the King and the People, and say, Behold, here I am.

12. And why might not Samuel do this, fourthly, even in wisdom, for the timely preventing of future cavil and danger? There were some pretensions against his Sons, of Injustice and Corruption: and if matters should come to publick scanning, like enough much might be proved against them. Which how far they might be stretched to the Father's prejudice in after-times, who could tell? Little reason had he howsoever to trust a giddy people, (so unthankful, and so new-fangled, as he had found them to be) and to suffer either his safety, or credit to lie at their courtesie. So long as these things should hang upon the file, or lie in the desk, he might perhaps be safe, but he could not be secure. That therefore the miscarriages of others might not fall on his neck, he might think it safest for him toget his Quietus est betimes. And therefore he requireth them all, if any Man had ought to object against him, that they would now produce it in open Court; if they had not, Reason would they should forthwith acquit him by their general Suffrages. By which means having obtained a publick Testimony from them, as we see in the Verses following, and so being (as it were) quit by Proclamation, he is thenceforth safe against all evil calumniations, and fearless of after-claps. It is a base and unmanly thing, to use indirect and under-hand dealing to shift off a just Trial: but a point of honest and Christian wisdom, in a fair and open way handsomly to prevent an unjust Accusation. No fault for a Man to use the Serpent's wisdom, so it be not tainted with the Serpent's poison too; but rightly tempered with a due mixture of Dove-like simplicity Mat. 10. 16.Matt 10:16and innocency.

13. Lastly; To dissuade the people formerly from asking a King, Samuel had told them what a King might do **Ius Regis, 1 Sam. 8. 11.1 Sam 8:11de Iure, if he should use his absolute Power; and what if a King should do it de Facto? no remedy but submit, they might not at any hand resist. And he knew, that by their obstinacy in asking a King, they had so highly displeased the Lord, that it were but just with him, if he should suffer their new King to rule over them with rigour and tyranny. It might very well be, that out of this very consideration Samuel was the rather induced at this time to declare his own integrity; that so he might propose unto the new King now in the entrance of his Reign a pattern of Equity and Justice in his own Example. Even as St. Paul oftentimes proposeth his own example to the Churches for their imitation. (I beseech you, Brethren, to be followers of me. 1 Cor. 4. 16. Phil. 4. 9.1 Cor 4:16Phil 4:9Those things which ye have heard and seen in me, do, &c.) We see the World is much given to be led by **—nec ad rationem, sed ad similitudinem vivimus. Sen. de vit. beat. cap. 1.example. Whatever the attempt be, usually one of the first enquiries is; not whether there be any Law, or any Reason, or any Conscience; but whether there be any Precedent for it, yea, or no? And if any such be to be found, it seldom sticketh; it helpeth out many an ill matter, it giveth a fair colour to many foul proceedings; when Men have this yet to plead for themselves, that they do but as others have done before them, and continue things as they found them. ††Terent. in Eunuch.Hoc olim factitavit Pyrrhus, seemed to him plea enough in the Comedy. It so much the more concerneth every good and wise Man, especially those that are in place of Authority, (whose actions are most looked upon, and soonest drawn into Example) so to order themselves in their whole conversations, that such as come after them may be rather provoked by their good example to do well, than encouraged by their evil example to do amiss. If at any time hereafter Saul should take any Man's Ox or Ass from him by any manner of fraud, oppression, or bribery; the constant practice of his immediate Predecessor for sundry Years together shall stand up, and give evidence against him, and cast him. Samuel's integrity shall condemn him, both at the Bar of his own Conscience, and in the mouths of all Men; at leastwise he shall have p. 640no cause to vouch Samuel for his Precedent; no colour to shroud his miscarriages under the authority of Samuel's Example.

14. We cannot now marvel, that Samuel should thus offer himself to the trial, when as no Man urged him to it; sith there may be rendred so many congruous reasons for it. Especially being withal so conscious to himself, of having dealt uprightly, that he knew all the World could not touch him with any wilful violation of justice. He doth not therefore decline the trial, but seek it; and putteth himself upon it with marvellous confidence, challenging all Comers, and craving no favour, [Behold, here I am; witness against me before the Lord, and before his Anointed.] Here is no excepting against any Witness, nor refusal of any Iudg, either God or Man. He had a good cause, and therefore he had also a good heart. All Vertues are connext; among the rest, so are Iustice and Fortitude. The righteous are bold as a Lion. The Merchant that knoweth hisProv. 28. 1.Prov 28:1 Wares to be faulty, is glad of the dark Shop, and false Light; whereas he that will uphold them right and good, willeth his Customers to view them in the Joh. 3. 20, 21.John 3:20John 3:21open Sun. Qui malè agit, odit lucem. He that doth evil, loveth to skulk in the dark, and will not abide the light, (which is to him as the terrors of the shadow of Job 24. 17.Job 24:17death) lest his evil deeds should be found out and laid open to his shame. Even as Adam hid his head in a bush, when he heard the Voice of God, because his Conscience told him he had transgressed.

15. A corrupt Magistrate or Officer may sometimes set a face upon it, and in a kind of bravery bid defiance to all the World; but it is then when he is sure he hath power on his side to bear him out; when he is so backt with his great friends, that no Man dare, mutire contra, once open his lips against him for fear of being shent. Even as a rank Coward may take up the Bucklers, and brave it like a stout Champion, when he is sure the Coast is clear, and no body near to enter the Lists with him. And yet all this but a meer flourish, a faint and feign'd bravado; his heart the while in the midst of his belly is as cold as lead, and he meaneth nothing less than what he makes shew of. If the offer should be indeed accepted, and that his actions were like to be brought upon the publick stage, there to receive a due and impartial hearing and doom; how would he then **Nescis tu quàm meticulosa res sit ire ad judicium. Plaut. in Mostell. 5. 1.shrink and hold off trow ye? then what crouching, and fawning, and bribing, and dawbing, to have the matter taken up in a private Chamber; and the wound of his credit a little overly-salved, tho upon never so hard and base conditions? His best wits shall be tried, and his best friends to the utmost, if it be possible by any means to decline a publick trial.

16. Be just then, Fathers and Brethren, and ye may be bold: So long as you stand right, you stand upon your own legs, and not at the mercy of others. But turn aside once to defrauding, oppressing, or receiving rewards, and you make your selves slaves for ever. Intus pugnae, foris timores: Horrors and gripes within, because you have knowingly done what you ought not: Terrors and fears within, lest your wicked dealings should come to light, whereby you might receive the due shame and punishment thereof. Possibly you may bear up, if the times favour you, and by your greatness out-face your Crimes for a while: but that is not a thing to trust to, [O trust not in wrong and robbery, saith David, Psal. 62.] The wind and the tide may turn against you, when youPsal. 62. 10.Ps 62:10 little think it: and when once you begin to aa—Sejanus ducitur unco Spectandus: gaudent omnes. Juven. Sat. 10.go down the wind, every base and busy Companion will have one puff at you, to drive you the faster and farther down.

17. Yet mistake not, as if I did exact from Magistrates an absolute immunity from those common frailties and infirmities, whereunto the whole race of mankind is subject: The imposition were unreasonable. It is one of the unhappinesses that attends both your Calling and ours (Magistracy and Ministry) that every ignorant Artisan, that perhaps knoweth little, and practiseth less of his own p. 641duty, can yet instruct us in ours; and upon every small oversight make grievous out-cries, by objecting to you your place, to us our cloath, (a Man of his place, a Man of his cloath, to do thus or thus!) As if any Christian Man, of what place, or of what cloath soever, had the liberty to do otherwise than well: or as if either we or you were in truth that in respect of our natures, which in respect of our Offices we are sometimes called; we Angels, and you Gods. Truly, however it pleaseth the Lord (for our greater honour) thus to stile us, yetRev. 1. 20.Rev 1:20 we find it in our selves (but too well) and we make it seen by us (alas, but tooPsal. 82. 6.Ps 82:6 often) that we are Men, foreign, subject to the like passions, ignorances andAct. 14. 15.Acts 14:15 sinful aberrations that other Men are. And I doubt not but Samuel, notwithstanding all this great confidence in his own integrity, had yet among so many causes, as in so many years space had gone through his hands, sundry times erred in judgment, either in the substance of the sentence, or at least in some circumstances of the proceedings. By mis-informations, or mis-apprehensions, or by other passions or prejudices, no doubt but he might be carried, and like enough sometimes was, to shew either more lenity, or more rigour, than was in every respect expedient.

18. But this is the thing that made him stand so clear, both in his own Conscience, and in the sight of God and the World, that he had not wittingly and purposely perverted judgment, nor done wrong to any Man with an evil or corrupt intention; but had used all faithfulness and good Conscience in those things he did rightly apprehend, and all requisite care and diligence (so far as humane frailty would suffer) to find out the truth and the right in those things whereof he could not know the certainty. This do, exercising your selves (with St. Paul) to have always a Conscience void of offence toward God, and toward Men; Act. 24. 16.Acts 24:16and then you may (with him also) be bold to call both God and Man to bear witness to your Integrity, (Ye are Witnesses, and God also, how holily, and justly, 1 Thes. 2. 10.1 Thess 2:10and unblameably we have behaved our selves among you, 1 Thess. 2.) and with good Samuel here, to put your selves for the trial of your uprightness, upon your God, King, and Country, [Behold, here I am: witness against me before the Lord, and before his Anointed.]

19. Thus much of Samuel's confidence. See we next, what the things are he doth with so much confidence disclaim, as the matter of the Challenge. It is in the general, Injury or Wrong: the particular kinds whereof in the Text specified, are Fraud, Oppression, and Bribery. Against all and every of these he expresly protesteth: Whose Ox have I taken? or whose Ass have I taken? or whom have I defrauded? Whom have I oppressed? or of whose hand have I received any bribe, to blind mine eyes therewith? To begin with the general, Whose Ox have I taken? or, whose Ass have I taken? These two Creatures, the Ox and the Ass, are here mentioned, because of their great usefulness; the strength of the Ox, and the patience of the Ass, enabling them, the one for labour, the other for carriage. For in those times and Countries, they used Asses altogether for journeys and for burdens, as we now adays, and in these parts of the World, do Horses: Whereof in old time we find very little speech of any other use than for the services of War only. Whence it is that the Ox and the Ass are in the ScripturesSee Deut. 17. 16. Psal. 20. 7. Prov. 21. 31. See Gen. 32. 5. Exod. 13. 4. 12. Joh. 1. 3. Luke 13. 15. Exod. 20. 17.Deut 17:16Ps 20:7Prov 21:31Gen 32:5Exod 13:4Exod 13:12John 1:3Luke 13:15Exod 20:17 so frequently mentioned together, and so reckoned together as a principal part of a Man's wealth; and also both here and elsewhere, by way of Synechdoche, put for a Man's whole substance or estate. In the last Commandment of the Ten, after those words, Thou shalt not covet thy neighbour's Ox, nor his Ass, it is added, nor any thing that is thy neighbours. What is there expressed, the same is here to be understood, as if Samuel had said, I have neither taken any Man's Ox, nor Ass, nor any thing else that was another Man's.

20. And then by Taking he must needs mean**foreign. Diphil. apud Stobae. Ser. 8. wrongful taking; the words will else bear no reasonable construction. For to deny the lawfulness of commerce p. 642and civil contracts, such as are buying, selling, giving, exchanging, and the like, wherein the right and property of things is transferr'd from one Man to another, by delivering and taking (foreign) what were it else, but to overthrow all humane Society, and utterly to destroy all the Offices of Commutative Iustice, which is wholly conversant about Contracts of that nature? His meaning clearly is, contenting himself with his own portion, he had not sought to enrich himself by the spoil of others, or to gain any thing to himself, to his neighbours hurt, by any unjust or unconscionable means. It is the first and principal office of justice, suum cuique, to let every Man have his own. And the holy Law of God bindeth our very thoughts and desires from coveting (but how much more then our hands from taking?) that which of right belongeth not to us. That, foreign therefore in the Law, Thou shalt not covet thatExod. 20. 17.Exod 20:17 which is anothers; is by our Saviour himself, the best Interpreter of the Law, rendred by foreign in the Gospel, Thou shalt not take that which is anothers. To teach us, that whoso will allow himself the liberty to desire it, will not deny himself the liberty (if opportunity serve) to take it: And that therefore whosoever would hold his hands, must first learn to subdue his covetous lusts.

21. It is verily nothing so much as our **Inde serè sceterum causa: nec plura— &c. Juven. Sat. 14. 1 Tim. 6. 10.1 Tim 6:10Covetousness, that maketh us unjust: which St. Paul affirmeth to be the root of all evil; but is most manifestly the root of this evil of injustice. Aristotle sheweth it out of the native signification of the Greek word foreign; as much as to say, a desire of having more; more than is our due, more than falleth to our part and share. As if a Man that were to divide something betwixt himself and his fellow by even portions, should share the biggest part to himself, whereby to make himself a gainer, and his partner a loser. This is foreign; and it is indeed quite contrary to that foreign,Jam. 2. 8.Jas 2:8 as St. Iames calleth it, that Royal Law, Thou shalt love thy Neighbour as they self; and to that great fundamental Rule of Equity, by which, as by the Standard, we ought to mete out all our dealings towards our brethren, Quod tibi fiere non vis, &c. Whatsoever you would that Men should do unto you, do you Mat. 7. 12.Matt 7:12even the same to them.

22. If all Men would first look back into the most suspected passages of their former dealings, impartially trying them but by this one Rule, (and by this one Rule they shall all be tried at the last day) and then would, secondly, resolve to lay this Rule ever before their eyes, for the levelling of their future Conversations: what a world of injustice might they find out by the one, keep out by the other? which, because that Rule is so much neglected, are therefore now so little regarded. Say, thou that by thy cunning over-reachest thy brother in buying, selling, or bargaining; or deceivest the trust reposed in thee by thy friend; couldst thou brook to be in like sort cheated thy self? Thou that, Ahab-like, wringest thy poor neighbours Vineyard from him; driv'st him by continual molestations to this strait, that either he must forsake the Town, (if thou hast a mind to enclose it) or else consent to his own and most of his neighbours undoing, or any other way enforcest him to come to thy bent for fear of a worse displeasure; couldst thou think it reasonable, if his case were thine, to be so plagued and oppressed thy self? Thou that bribest a corrupt Officer, subornest a perjured Witness, procurest a packt Iury, and (where thou canst conceive any hope that it will be taken) offerest to conveigh a reward into the bosom even of the Iudg himself; to pervert Judgment, and to get the day of thine Adversary, when his Cause is more righteous than thine: couldst thou be patient thy self to be wrested out of thy own apparent right by such engines? In a word, thou that takest thy Brother's Ox, or his Ass, or any thing that is his, from him wrongfully; wouldst thou be content thy brother should wrongfully take thine? Whosoever thou art that dost another wrong, do but **foreign. Isoc. in Nicos.turn the tables; p. 643imagine thy neighbour were now playing thy game, and thou his: and then deal but squarely in this one point, and if thine own heart condemn thee not, go on and prosper.

23. But Men that are resolved of their End, (if this be their End, to make themselves great and rich **—quocunqu… modo rem. Horat. 1. Epist. 1.howsoever) are not much moved with arguments of this nature. The evidence of God's Law, and conscience of their own duty, work little upon them: Gain is the thing they look after; as for Equity, they little regard it. Let me tell them then, that unjust gain, is not gain, but loss. Nor is this a Paradox: when a mere heathen Man could say ††Hesiod. foreign. Plaut. 1 Tim. 6. 6. Mark 8. 36.1 Tim 6:6Mark 8:36foreign; and another Lucrum puta lucrum, si justum fiet. St. Paul placeth gain in godliness, not in wealth: and our Saviour teacheth, that he that should gain the whole world, if he should for that lose his own soul, should have little cause to boast of his peniworth. Lucrum in arca, damnum inconscientia: the gain will no ways countervail the loss. All this is most certain truth; but still we hit not upon the right string. The Worldling hath his portion in this present life, andPsal. 17. 4.Ps 17:4 in these outward things; and therefore what losses befal him therein, he can feel as soon as another Man, and value them as well; But he is not much sensible either of a spiritual, or an eternal loss. To come home to him then; let him know, that the gain of unrighteousness shall not long prosper with him and his. Treasures of wickedness profit little, saith Solomon, Prov. 10. His meaning is, takeProv. 10. 2.Prov 10:2 them à primo ad ultimum, and they profit nothing. A Man may seem to profit by them, and to come up wonderfully for a time; but time and experience thew, that they moulder away again at the last, and crumble to nothing; and that for the most part within the compass of an age. Seldom shall you see them hold so long: but very rarely beyond the next Generation. An inheritance may be gotten Prov. 20. 21.Prov 20:21hastily at the beginning: but the end thereof shall not be blessed; the same Solomon, Prov. 20. The morsels of deceit (and violence) that were so pleasant in the—17. chewing, the time will come when they shall be vomited up again with sorrowJob 20. 15.Job 20:15 and bitterness: What gained Ahab by it, when he had made himself Master of1 King. 21. 10.1 Kgs 21:10 Naboth's Vineyard, but the hastning of his own destruction? And what was Gehazi 2 King. 5. 27.2 Kgs 5:27the better for the gifts he received from Naaman? which brought an hereditary Leprosie with them? And what was Achan the richer for the golden Wedg Josh. 7. 24.Josh 7:24he had saved out of the spoils, and hidden in his Tent, which brought destruction upon him, and all that appertained to him?

24. Brethren, let us be wise and wary, and not deceive our selves. These gobbets are but Sa…ans baits: which when we swallow, we swallow a hook with them, wherewith he will strike us through at the last, though he suffer us a while to play upon the line, and to please our selves with those new morsels. LetDeut. 13. 17. Josh. 7. 11.Deut 13:17Josh 7:11 us therefore beware that we suffer not the least portion of unjust gain to cleave to our fingers, or to mingle with our other substance. There is a secret poison in it, which in time will diffuse it self through the whole heap, and seize upon every part; and like Mercury-water, or Aqua-fortis, eat out all: as some write of the Ostriches feather, that it will in time moult and consume all the feathers in the tub wherein it is put. Know you not, that a small handful of leaven, if it beMat. 13. 33. & 1 Cor. 5. 6.Matt 13:331 Cor 5:6 hidden in a great trough full of meal, will work it self into every part of it, sowre the whole lump? And that a single rood of Capite-land, will bring the whole estate into wardship, though containing many thousand Acres of never so free a Tenure? It was wisely done therefore of Samuel, as well as justly, not to meddle with the taking of any Man's Ox or Ass.

25. It ought to be the care of every private Man, thus far to follow Samuel's example, that he keep himself from doing any Man wrong. But Men that are in place of Government, as Samuel was, have yet a further charge lying upon them, over and besides the former; and that is, to preserve others from wrong; and being wronged, to releive them to the utmost of their power. A Magistrate p. 644should be so far from taking any Man's Ox or Ass from him, that, so far as he can hinder it, he should not suffer any other Man so to do. Where Commutative Iustice is by private persons violated, through fraud, oppression, or bribery, there it behoveth the Magistrate to set in, and do his part in the administration of Distributive Iustice, for the rectifying and redressing thereof. It is the very end for which principally Laws, and Courts, and Magistrates, were ordained.

26. The more have they to answer for, that abuse any part of this so sacred an Ordinance, for the abetting, countenancing, or strengthning of any injurious act. They that have skill in the Laws, by giving dangerous**…onus vir non agit nisi bonas ca…sas. Quint. 12. inst. 1. counsel in the Chamber, or pleading smoothly at the Bar. They that attend about the Courts, by keeping back just complaints, or doing other casts of their office in favour of an evil person or cause; but especially the Magistrates themselves, by a perfunctory or partial hearing, by pressing the Laws with rigour, or qualifying them with some mitigation where they ought not. Where others do wrong, if they know it, and can help it, their very connivance maketh them Accessaries; and then the greatness and eminency of their places, enhanceth the crime yet further, and maketh them Principals. Qui non prohibet peccare, cum potest, jubet. He that suffereth another to take any Man's Ox or Ass from him; or his house, or land, or common from him; or his tithe or glebe from him; or his liberty or good name from him; or his life, or any part of his livelihood from him being able to remedy it; it is all one as if he should bid him do it.—Me nemo ministro Juv. Sat. 3.Fur erit, is a fit Motto for every good Magistrate.

27. I have now done with the Genus, the Species follow; which I shall dispatch with more brevity. The particulars are three; Fraud, Oppression, and Bribery. [Whom have I defrauded? whom have I oppressed? Or, of whose hand have I received a bribe, to blind mine eyes therewith?] Most Injuries are reduced to the two first heads; **Cic. de offic. foreign. Homer.Fraus and Vis. Sometimes a Man is wronged, and perceiveth it not till afterwards, which, if he had known in time, he might have prevented; this is Defrauding. Sometimes he seeth and feeleth how and wherein he is wronged, but knoweth not which way in the world to avoid it; this is Oppression. There he met with a Fox, here with a Lion: In that, he is overwrought by Craft; in this, over-born by Might. Both are joyned together in the Psalm, [He shall redeem their soul from falshood and violence, Psal. 72.] AndPsal. 72. 14.Ps 72:14 in the Prophet, [I will punish those that leap on the threshold, which fill their Masters houses with violence and deceit, Zeph. 1.] and they are sometimes joyned together in practice. As Pharaoh said, consulting the destruction of the Israelites, Opprimamus sapienter, let us deal wisely with them, and destroy them. And asExod. 1. 10.Exod 1:10 Lysander was wont to say, that where the **foreign. Plut. in 1. ysandr.Lion's skin would not reach to do the business, it should be eeked out with the Foxes. Both are hateful both to God and Man: ††Cic. lib. 1. de Ossic.Sed fraus odio digna majore, saith the Orator; of the two, Deceit is the baser and more hateful. Because men had rather be thought to want strength (for that begetteth pity) than to want wit (which doth but expose them to scorn:) thence it is, that usually they complain more of treachery, than they do of open hostility; and take it deeper to heart to be defrauded, than to be oppressed. The loss troubleth them not so much, they say, but they cannot endure to be cozened. Samuel, you see, disclaimeth this in the first place, Whom have I defrauded?

28. He knew the Law of God, and the Law of Equity, (the written, and the unwritten Law both) were altogether against it. Thou shalt not defraud thy Levit. 19. 13.——35.Lev 19:13neighbour, Levit. 19. and after in the same Chapter, Ye shall do no uurighteousness in judgment, in mete-yard, in weight, or in measure. In the sixth Chapter of the same book it is declared, that he that committeth a trespass by deceiving his Levit. 5. 2, &c.Lev 5:2neighbour, sinneth therein, and the Law there enjoyneth an offering to be made p. 645for the expiating of that sin. How often doth Solomon condemn false weights, Prov. 11. 1. 20. 10, 23.Prov 11:1Prov 11:20Prov 11:10Prov 11:23and false ballances, as foul abominations? And how frequently do the Prophets object it, as a main provocation of God's heavy judgments upon the Land,Jer. 5. 26, 27.Jer 5:26Jer 5:27 That they set traps, and laid snares for men; That their houses were full of deceit, as a cage is full of birds; That they were as crafty Merchants, in whose Hos. 12. 7. Amos 8. 5.Hos 12:7Amos 8:5hands are the ballances of deceit; That they made the Ephah (whereby they measured out the Commodities they sold) small, and the Shekel (wherewith they weighed the mony they were to receive for that they sold) great, and falsified the ballances; and the like? St. Paul also (if the translations speak his sence aright) layeth a charge upon the Thessalonians, That no man go beyond, or defraud his brother in any matter: both because it is the will of God sufficiently revealed in his Word, that men should not do so, and because God will be a sure and severe avenger of those that do so, 1 Thes. 4. And he chideth the Corinthians 1 Thess. 4. 3, 6. 1 Cor. 6. 8.1 Thess 4:31 Thess 4:61 Cor 6:8for doing wrong, and defrauding one another, 1 Cor. 6. And le…t in what he either forbiddeth to, or reproveth in others, himself should prove guilty, he protesteth against all such dealings more than once: [Receive us, we 2 Cor. 7. 2.2 Cor 7:2have wronged no Man, we have defrauded no Man, 2 Cor. 7. And again, 2 Cor. 12.—12. 17. Be it, I did not burden you, (as the false Apostles for filthy lucre, and to serve Rom. 16. 18.Rom 16:18their own bellies did) nevertheless, it may be you will think I was crafty, and caught you with guile▪ No such matter, saith he, I abhor it; I never made gain of you, either by my self, or by my Agents, Titus or any other that I sent unto you. Much like Samuel's challenge here. Whom have I defraud?

29. A very grievous thing it is to think of, but a thing meerly impossible to reckon up (how much less then to remedy and reform?) all the several kinds of frauds and deceits that are used in the World. Wherein men are grown wondrous expert, and so shameless withal, that they think it rather a credit to them, as an argument of their perfect understanding in their several mysteries, and particular professions, than any blemish to them in their Christian Profession, to cheat and cozen they care not whom, nor whom, so they may get **…ersidiam, fraudes, & ab omni crimine lucrum Quaesitum. Juv. Sat. 3. Prov. 20. 14.Prov 20:14gain, and gather wealth by it. In the way of trade, in buying, selling, and other bargaining; what lying, dessembling, and deceiving? It is stark nought, saith the buyer: It is perfect good, saith the seller: when many times neither of both speaketh, either as he thinketh, or as the truth of the thing is. False weights, false measures, false thumbs, false lights, false marks, false wares, falfe oaths, In the Markets and Shops. In the common offices of neighbourhood, friendship, service or trust: false glosses, false promises, false tales, false cracks, false shews, false reckonings. In the Courts of Law, and all juridical proceedings; false Bills, false answers, false suggestions, false counsels, false accusations, false pleas, false testimonies, false records, false motions, false verdicts, false judgments. The hour would fail me to mention but the chief heads of those falshoods, that are common and notorious; but no Man's experience would serve him to comprehend, no Man's breath to declare the infinite variety of those more secret and subtle falshoods, that are daily invented and exercised every where under the Sun.

30. Yet are they all, in the mean time, abominable to God that beholdeth them, (The Lord will abhor both the blood-thirsty and deceitful Man) and willPsal. 5. 6.Ps 5:6 prove in the end unprofitable to those that use them, and (without repentance) damnable. He that beguileth another, howsoever he may please himself therewithal onward, yet shall find at length that he hath most of all beguiled himself; deceiving and being deceived, as the Apostles words (though spoken to another2 Tim. 3. 13. Prov. 11. 18.2 Tim 3:13Prov 11:18 purpose) are. According to that of Solomon, The wicked worketh a deceitful work; but to him that soweth righteousness, shall be a sure reward. Blessed is the Man then, in whose heart, and tongue, and hands, there is found no deceit; That walketh uprightly, and worketh righteousness, and speaketh the Truth fromPsal. 15. 2▪ &c.Ps 15:2 p. 646his heart; That hath not streched his wits to hurt his neighbour; nor made advantage of any Mans unskilfulness, simplicity or credulity, to gain from him wrongfully; That can stand upon it, as Samuel here doth, and his heart not give his tongue the lie, that he hath defrauded no Man.

31. The other kind of Injury, here next mentioned, is Oppression: wherein a Man maketh use of his power to the doing of wrong, as he did of his wits in defrauding. Which is for the most part the fault of rich and great Men; because they have the greatest power so to do, and are not so easily resisted in what they will have done. Do not the rich Men oppress you? Jam. 2. For riches and worldlyJam. 2. 6.Jas 2:6 greatness list up the hearts of Men, and swell them with pride, (Charge them 1 Tim. 6. 17.1 Tim 6:17that are rich in this world, that they be not high minded, saith St. Paul) and Pride bringeth on Oppression, (Let not the proud oppress me, saith David, Ps. 119.)Psal. 119. 122.Ps 119:122 They are the large fat kine of Basan, (that is, the Princes and Nobles, and great ones of the Land) those that dwell in the mountains of Samaria, that oppress the Amos 4. 1.Amos 4:1poor, and crush the needy, Amos 4. Yet not they only, for even poor and mean Men also are in their dispositions as proud, and as merciless, as the greatest; if their powers were answerable to their wills, and their horns to their curstness: and they are as ready to shew it too, so oft as their power will serve them so to do. Now this also Samuel disclaimeth, as well as the former. Although he had a large power, having been chief Governour for many years together, and so**foreign not bound to render an account of his Actions to any, yet he doubteth not but to acquit himself, before the whole Congregation, from having any ways in all that so long a time abused his so vast power unto oppression. [Whom have I oppressed?]

32. He well knew, that Oppression, though it were a common, yet was withal a grievous and a base sin. A very common sin it is. Elihu speaketh of multitudes of Oppressions, Job 35. How do the wealthy every where swallow up the Job 35. 8. Amos 8. 4.Job 35:8Amos 8:4needy; as in the Forests, **As the wild Ass is the Lion's Prey in the Wilderness; so the Rich eat up the Poor. Sirac. 13. 19.the greater beasts prey upon the lesser: and in the ponds ††foreign. Bafil. in Hexam. Hom. 7. Isa. 3. 15. Psal. 14. 4. Levit. 25. 14.——17.Isa 3:15Ps 14:4Lev 25:14the larger fishes eat up the smaller fry? Grinding the faces of the poor first, and then eating them up like bread: racking their Rents, taking in their Commons, overthrowing their Tenures, diminishing their wages, encreasing their boons. In a word, (for it would be endless to run through particulars) taking advantage of their inability to help themselves, or other their necessities in any kind what soever, to work their own wills upon them, and to get somewhat from them for their own enriching.

33. Yet is it indeed a very grievous sin, forbidden by God himself in express terms, Lev. 25. If thou sell ought unto they neighbour, or buyest ought of thy neighbours hand, ye shall not oppress one another: and so going on, concludeth, Ye shall not therefore oppress one another, but thou shalt fear thy God; Implying, that it is from want of the fear of God that Men oppress one another. Solomon therefore saith, that he that oppresseth the poor, reproacheth (or despiseth) his Maker, Prov. 14. 31.Prov 14:31Prov. 14. And indeed so he doth, more ways than one. First, He despiseth his Maker's Commandment, who hath (as you heard) peremptorily forbidden him to oppress. Secondly, He despiseth his Maker's Creature: the poor Man whom he so oppresseth being God's Workmanship as well as himself. Thirdly, He despiseth his Maker's Example; who looketh upon the distresses of the poor and oppressed, to provide for them, and to relieve them. Fourthly, He despiseth his Makers Ordinance; in perverting that power and wealth, which God lent him purposely to do good therewithal, and turning it to a quite contrary use, to the hurt and damage of others. And he that goeth on to reproach his Maker (without repentance) must needs do it to his own confusion. He that made him, can mar him when he pleaseth; and the greatest Oppressors shall be no more able to stand before him then, than their poorer brethren are now able to stand out against them.

p. 64734. Add to the grievousness of this sin, the baseness of it also: and that methinks should work much upon every noble and generous spirit to abhor it. Alas! who are they you thus trample upon, and insult over, but these poor Worms of the Earth? Who when they are trodden on, dare scarce so much as turn again: (Forasmuch as your treading is upon the poor: Amos 5.) and it is aAmos. 5. 11.Amos 5:11 poor and inglorious conquest, that is gotten by the foil of such an Adversary. Rob not the poor, saith Solomon, because he is poor: neither oppress the afflicted, &c.Prov. 22. 22.Prov 22:22 Prov. 22. These first words are capable of a double construction, First, Rob not the poor, because he is poor: that is, Let not his poverty and inability to withstand thee, encourage thee the rather to rob him. Which construction agreeth very well with the reason given in the next Verse, [For the Lord will plead their —23.cause, and spoil the soul of those that spoiled them.] As if he had said, Be well advised what you do: weak though they be, and can do little for themselves; yet they have a strong one to take their part, who will see that such as do them wrong, shall not go unpunished. Yet is there another sense to be made of those words also, neither unfitly, nor unprofitably; as thus, Rob not the poor, because he is poor: that is, let the consideration of his poverty keep thee off from medling with him. 1. A little loss would be his undoing; because he is poor. 2. And if thou shouldst wring all he hath from him, it could make no great addition to thee, because he is poor. 3. Or if it could, yet he is no fit match for thee to exercise thy strength upon, if thou art rich, because he is poor.

35. But herein especially may you behold the baseness of Oppression; that the basest people, Men of the lowest rank and spirit, are evermore the most insolent, and consequently (according to the proportion of their power) the most oppressive.

**Claudian.Asperius nihil est humili—in the Poet.

But take it from Solomon rather; who compareth a poor Man, when he hath theProv. 28. 3.Prov 28:3 opportunity to oppress another poor Man, to a sweeping rain that leaveth no food, Pro. 28. How roughly did that Servant in the Parable deal with his fellow-servant, Mat. 18. 28.Matt 18:28when he took him by the throat for a small debt, after his master had but newly remitted to him a Sum incomparably greater? The reason of the difference was; the master dealt nobly, and freely, and like himself, and had compassion; but the servant, being of a low and narrow spirit, must insult: ——17.**Terent.Senties qui vir siem. If a mean man, in any of our Towns or Hamlets, be a little gotten up, to over-top most of his neighbours in Wealth, or be put into some little, authority, to deal under some great Man for the disposing of his Farms or Grounds; or have something to sell to his necessitous Neighbour, that must buy upon day; or have a little Mony lying by him to furnish another, that for the supply of his present necessities must sell off somewhat of that little he hath, though at an under▪rate, or the like, it is scarce credible (did not every days experience make proof of it) how such a man will screw up the poor Man that falleth into his hands, without all mercy, and beyond all reason. Conclude hence, all ye that are of generous births or spirits, how unworthy that practice would be in you, wherein Men of the lowest minds and conditions can (in their proportion) not equal only, but even exceed you. Which should make you, not only to hate Oppression, because it is wicked, but even to scorn it, because it is base, and to despise it. [He that despiseth the gain of Oppressions, Isa. 33.]Isa. 33. 15.Isa 33:15 This for the second particular, whom have I oppressed?

35. There is yet a third behind, against which Samuel protesteth as a branch of Injustice also; which also concerned him more properly as a Iudge; to wit, Bribery. [Or of whose hands have I received a bribe, that I might blind mine eyes therewith?] In the place now last cited, the Prophet Isaiah, speaking of an p. 648upright just Man, describeth him amongst other things by this, that he shaketh Isa. 33. 15.Isa 33:15his hands from holding of Bribes; as a Man would shake off a Viper, or other venemous beast, that should offer to fasten upon his hand, as Paul did at Malta, Acts 28. The word that here in the Text is rendred Munus, a Gift, orAct. 28. 15.Acts 28:15 a Bribe (foreign) the Targum there rendreth foreign (Mammon dishquar) whereunto that Mammon of unrighteousness, mentioned Luke 16. and wherewithLuke 16. 9.Luke 16:9 our Saviour would have rich Men make themselves friends, may very well seem to have reference. Altho, I confess, that phrase there may not improbably be conceived in another notion, somewhat different from this, to note the falseness, deceitfulness, and uncertainty of these worldly riches, in opposition to spiritual riches, a little after there called the true riches, for so the words Mammon dishquar do properly import; as who say, the false or lying riches, or (in comparison of the true and durable) riches falsly so called. However, the phrase ——11.seemeth to be proverbial, and (taken in the former sense) to bear this meaning in that place. As worldly wise Men, that have Suits depending in the Courts, will attempt, by bestowing gifts upon him or his servants, to make the Iudg their friend, that so the cause may be carried on their side when it cometh to an hearing: with the like wisdom should Christian Men make themselves friends of the poor (who are God's favourites) by giving Alms to them out of their worldly goods, that so they may find favour with him at the day of judgment. The proverbial use of that phrase (which made me the rather observe it) sheweth what was the common opinion Men held of gifts bestowed to procure favour in judgment; to wit, that they were the Mammon of unrighteousness. And that in a double respect: first, As the price of an unrighteous sentence, in the intention of the giver; and then as a piece of unjust and unrighteous gain in the receiver; prohibited by the Lord in the Law, as well as the other two branches of Injustice Exod. 23. 8. Deut. 16. 19.Exod 23:8Deut 16:19were; and that both frequently and expresly, and taxed by the Prophet as a sin of a very high nature, a mighty sin, [I know your manifold transgressions, and your Amos 5. 12. Forrtia peccata, Vulg.Amos 5:12mighty sins: they afflict the just, they take a bribe, and they turn aside the poor in the gate from their right, Amos 5.]

36. But it may be said, Since we have aready comprehended all injuries under the two former heads, Fraud and Oppression; how cometh it to be here mentioned as a third thing, and distinct from them both? Either we must free it from being injurious, or reduce it to one of the two, Fraud, or Oppression. I answer in short, that Bribery is properly a branch of Oppression. For if the bribe be exacted, or but expected, yet so, as that there can be little hope of a favourable, or but so much as a fair hearing without it; then is it a manifest oppression in the receiver, because he maketh an advantage of that power, wherewith he is intrusted for the administration of justice, to his own proper benefit, which ought not to be, and is clearly an oppression. But if it proceed rather from the voluntary offer of the giver, for the compassing of his own ends, then is it an oppression in him; because thereby he getteth an advantage in the favour of the Court against his adversary, and to his prejudice. For, observe it, the greatest oppressors are ever the greatest bribers, and freest of their gifts to those that may bestead them in their suits. Which is one manifest cause (besides the secret and just judgment of God upon them) why oppressors seldom thrive in their estates, near the proportion of their gettings. Even because so much of what cometh in by their oppressions, goeth out again for the upholding of their oppressions. It was not for nothing, you may well think, that Solomon so yoked these two things together; oppressing the poor, and giving to the rich, in Prov. 22. [He that oppresseth the poor to encrease his riches; and he that giveth to the rich, shall surely come to want.] As he hath a spring one way, so he hath a drain another way, which keepeth him from rising to that excess or heighth he aimeth at.

37. Bribery then is a branch of Oppression: That we have cleared. But yet one p. 649part of the doubt remaineth: why, if it belong to one of the two, is it here mentioned as a third species, different from both? For this, I say; First, It might be specially mentioned, as a corruption more particularly incident to the Office of Iudicature, in respect whereof especially Samuel now stood upon his justification: whereas Frauds, and most other Oppressions, are of a larger and more comprehensive extent. And secondly, Because it hath a peculiar formality by it self, whereby it differeth from other injuries of either sort, in this; that whereas all other, whether Frauds and Oppressions, are involuntary on one part, (for Volenti non fit injuria, no Man is willing to be either defrauded or oppressed, if he knew it, and knew how to help it) this of Bribery is done with the mutual knowledg and consent both of the Giver and Receiver.

38. Which circumstance maketh it (at least in this one respect) somewhat worse than either of the former; that whereas in other frauds and oppressions, the one party only is guilty, because they are done without the consent of the other party; in this of Bribery both parties are guilty, because both consent. Neither doth this joynt consent of both parties hinder, but that it is still injurious; Because the injury that is hereby done, is not done to either of the parties thereunto consenting, (supposing the consent on both parts free and spontaneous) but it is done by them both to a third party, namely, to the adversary of him that giveth the bribe: whose consent you will easily suppose never to have been asked in the business. So that the injury is still done non volenti.

39. Of the commonness of which sin, especially in inferiour Officers, who are ever and anon trucking for expedition: it would be impertinent to speak from this Text, wherein Samuel speaketh of it only as it might concern himself who was a Iudg. Of the heinousness of it in the sight of God, and the mischief it doth to the Commonwealth, when it is found in Iudges and Magistrates, I shall forbear to speak, (the time being withal now well-nigh spent) because, out of the confidence I have of the sincernity of those that now hear me, I deem the labour needless. Only I cannot (the Text offering it) but touch somewhatProv. 21. 14.——18. 16.——17. 8.Prov 21:14 at that property, which Samuel here ascribeth to a bribe, of blinding the eyes. Solomon speaketh much of the powerful operation of gifts and bribes; how they pacifie anger, procure access into the presence of great persons, and favour from them, and sundry the like, which are all of easie understanding, and the truth of them (as well as the meaning) obvious. But the effect here mentioned, of blinding the eyes, though somewhat more obscure, is yet oftner found in the Scriptures, than of the other. Samuel undoubtedly learned it from Moses, whoExod. 23. 8. Deut. 16. 19.Exod 23:8Deut 16:19 hath it twice; once in Exodus, and again repeated in Deuteronomy, in the selfsame words, (Thou shalt take no gift: for a gift blindeth the eyes of the wise, and perverteth **foreign.the words of the righteous.) A marvellous power sure there is in them that can work upon Men so strongly, (yea, sometimes upon††foreign. Pindar. wise and righteous Men, as Moses his words express) as to stop their mouths, and bind their hands, and blind their eyes; that they can neither speak, nor do, nor see, what is right. ||Euripid. in Media act. 4.foreign, as it is in Euripides: They say that even the Gods may be tempted with gifts. Very like, if applied to such gods as are spoken of in the Psalm, (Dixi Dii, I have said, ye are gods.)Psal. 82. 6.Ps 82:6

40. But then, what is it to blind the eyes? Or, how can bribes do it? Iustice is not unfitly pourtrayed in the form of a Man with his right eye open, to look at the Cause; and his left eye shut or muffled, that he may not look at the Person. Now a gift putteth all this out of order, and setteth it the quite contrary way. It giveth the left eye liberty but too much, to look asquint upon the person; but putteth the right eye quite out, that it cannot discern the Cause. Even as in the next fore-going Chapter, Nahash the Ammonite would have covenanted with the1 Sam. 11. 2▪1 Sam 11:2 Inhabitants of Iabesh-Gilead, upon condition he might thrust out all their right eyes. From this property of hood-winking and muffling up the eyes it is, that p. 650a Bribe is in the Hebrew (the Text-word here) called foreign Copher, of foreign Caphar, to cover, to dawb up, or to draw over with lime, plaister, or the like. Whereunto our English word, to cover, hath such near affinity in the sound, that (were it not apparently taken from the French Couvrir, and that from the Latin Cooperire) it might with some probability be thought to owe its Original to the Hebrew. But however it be for the word, the thing is clear enough: this Copher doth so cover and plaister up the eyes, that they cannot see to do their office aright, and as they ought.

41. And the reason of all this is; because gifts, if they be handsomly conveyed,Rejecit alto dona nocentium vultu. Hor. 4. Carm. 9. Isa. 33. 15.Isa 33:15 and not tendred in the name, nor appearing in the likeness of Bribes, (for then wise and righteous Men will reject them with disdain, and shake their hands and laps from receiving them); but I say, if they come as presents only, and by way of kindness and respect; they are sometimes well accepted, and that deservedly, even of wise and righteous Men, as testimonies of the love and observance of the givers. And then the nature of ingenuous persons is such, that they cannot but entertain a good opinion of those that shew good respect unto them; and are glad when any opportunity is offered them, whereby to manifest such their good opinion, and to requite one courtesy with another. Whereby it comethforeign. Antiphon. foreign. Plat. 5. de legib. to pass, that gifts, by little and little, and by insensible degrees, win upon the affections of such Men, as are yet just in their intentions, and would not willingly be corrupted, and at the last over-master them; and the affections once throughly possest, it is then no great mastery to do the rest, and to surprise the judgment. The good Magistrate therefore, that would save his eyes, and preserve their sight, had need, not only to hate bribes, but to be very jealous of presents; lest some of those things which he receiveth but as gifts, be yet meant him for bribes. But especially to suspect those gifts, as so meant, where the quantity and proportion of the gift, considered and compared with the quality and condition of the giver, may cast any just cause of suspicion upon them; but to conclude them absolutely so meant, if they be sent from persons that have business in the Courts.

42. The only thing now remaining to be spoken to from the Text, and that but in a word or two, is Samuel's Equity, in offering, in case any thing should be truly charged against him in any the premisses, to make the wronged parties restitution, [Whose Oxe have I taken? Or, &c. And I will restore it you.] Samuel was confident he had not wittingly done any Man wrong, either by Fraud, Oppression or Bribery; whereby he should be bound to make, or should need to offer Restitution. Yet, partly, to shew what was fit to be done in such cases, and his own readiness so to do, if there should be cause; and partly, for that it was possible, in so long time of his Government, and amid so many causes as passed through his hands, that he might through misinformation, precipitancy, negligence, prejudice, or other humane frailty, have committed some oversight in Judgment, for which it might be reasonable for him to make some kind of compensation to the parties thereby damnified, he here offereth Restitution; A duty, in case of Injury, most necessary, both for quieting the Conscience within, and to give satisfaction to the World; and for the more assurance of the Truth and Sincerity of our **Si res aliena non redditur, non agitur poenitentia, sed fingitur. Aug. Epist. 54.repentance in the sight of God for the wrongs we have done. Without which (at least in the desire and endeavour) there can be no true repentance for the sin, and consequently no security of the remission of the guilt. That of Augustine, ††Ibid.Non dimittitur peccatum, nisi restituatur ablatum, is a famous received Aphorism in this case; well known to all, but little considered, and less practised by most.

43. There is an enforced Restitution, whereof perhaps Zophar speaketh in Iob 20. [That which he laboured for, he shall restore, and not swallow it down; according Job 20. 18.Job 20:18to his substance shall the restitution be, and he shall not rejoice therein]; and such as the Law imposed upon thefts, and other manifest wrongs; which altho not much worth, is yet better than none. But as Samuel's offer here was p. 651voluntary; so it is the voluntary restitution that best pleaseth God, pacifieth the Conscience, and in some measure satisfieth the World. Such was that of Zacheus, Luk. 19. 8.Luke 19:8Luk. 19. in restoring four-fold to every Man from whom he had gained any thing wrongfully. It may be feared, if every Officer that hath to do in or about the Courts of Iustice, should be tied to that proportion, many one would have but a very small surplusage remaining, whereout to bestow the one moity to pious uses, as Zacheus there did.

44. There is scarce any one point in the whole body of Moral Divinity, that soundeth so harsh to the ear, or relisheth so harsh in the palate of a worldling, as this of Restitution doth. To such a Man this is durus sermo indeed, a hard, very hard saying; yet as hard as it seemeth to be, it is full of Reason and Equity. So full, that I dare confidently say, whoever he be, that complaineth of it as a hard imposition, when he is required to restore to the right owner that which he hath unjustly taken from him, that Man is foreign; there needeth no other testimony nor evidence against him, than his own Conscience to condemn him. Nay, I may say yet more, There needeth not so much as that; his own mouth will do it. Ex ore tuo, thou unjust Man! I bid thee not answer me; do but answer thy self this one question, and it shall suffice. If it go hard with thee to restore it back to him that hath a true right in it; did it not go as hard (thinkest thou) with him to part with it before to thee, who hadst not the same right thereunto that he had? I say no more: consider it well, and then remember the grand Rule, never to be forgotten, Do as you would be done to.

45. Concerning the manner of Restitution, and the measure, the time, place, persons, and other circumstances thereunto belonging; many things there are of considerable moment, and very needful to be understood of all Men that love to deal justly; which I may not now enter into. Whole Volumes have bin written of this Subject; and the Casuists are large in their discourses thereof. But for the thing it self in general, thus much is clear from the Iudicial Law of God, given by Moses to the people of Israel; from the Letter whereof, tho Christians be free, (positive Laws binding none but those to whom they were given) yet the Equity thereof still bindeth us as a branch of the unchangeable Law of Nature. That whosoever shall have wronged his Neighbour in any thing committed to his custody, or in fellowship, or in any thing taken away by violence, or by fraud, or in detaining any found thing, or the like, is bound to restore it; and that in integrum, to the utmost farthing of what he hath taken, if he be able. Nor so only, but beside the Principal, to offer some little overplus also by way of compensation for the damage; if at least the wronged party have sustained any damage thereby, and unless he shall be willing freely to remit it. Moses his Law speaketh of a fifth part more, as if he had wronged his Neighbour to the value of twenty sheckels, the restitution was to be after the rate of four and twenty. See the 6th of Leviticus, in the beginning of the Chapter. The assignment of that proportion belonged to the Iewish people, and the obligation thereof therefore expired, together with that policy; but yet still reason and equity require that something be done. The Lord give us all hearts to do that which is equal and right, and in all our dealings with others, to have evermore the fear of God before our eyes; knowing that of the Lord the righteous Iudg, we shall in our souls, receive at the last great Assize, according to that we have done in our bodies here, whether it be good or evil. Now, to God the Father, &c.