Twenty Sermons, Sermon 3
AD MAGISTRATUM. The Third Sermon.
At the Assises at Notingham, in the year 1634. at the request of ROBERT MELLISH Esq then High-Sheriffe of that County.
1 Sam. 12.3.
Behold, here I am: witness against me before the Lord, and before his Annointed; Whose Oxe have I taken? or whose Asse have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any bribe to blinde mine eyes therewith? and I will restore it you.
1. A Bold and just challenge of an old Iudge, 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 (whilest Eli lived) in the service of the Tabernacle, as a Levite, and a private man; was (after his death) to undergoe a new business,1 Sam. 7.6. and 19. in the exercise of publick judicature. For that fanatical opinion, which hath possessed some in these later times, that no Ecclesiastical person might lawfully exercise any secular power, was in those dayes unheard of in the world. Eli, though a Priest, was a Iudge also;—4.18. and so was Samuel, though a Levite, after him: And we finde not, that either the people made any question at all, or that themselves made any scruple at all, of the lawfulnesse of those concurrent powers. Samuel was now (as it is collected by those that have travelled in the Chronology,) aged about five and thirty yeers, and so in his full strength, when he was first Judge: Which so long as it continued in any measure, he little respected his own ease in comparison of the common good; but took his a1 Sam. 7.16, 17.yearly circuits about the countrey, keeping Courts in the most b—per loca ad judicandum opportuna. Lyra.convenient places abroad; besides his constant sittings at Ramah, where his dwelling 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 thirty years more in his countries service; he could not but finde such decayes in his body, as would call upon him in his now declining age to provide for some ease under that cAetate & curis gravatus. Gloss. interl. foreign. Joseph 6. Antiq. 3. 1 Sam. 8.1.great 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 judge the people with such like diligence and uprightness as himself had done. But the young men,—3. as they had far other aims then the good old father had; so they took quite dforeign. Joseph. ib. —4.other wayes then 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 judgement. 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 alledgements in their mouthes. But the short of the business was,—5. a King they must have, and a King they will have: or they will not rest satisfied. It troubled Samuel not a little, both to hear of the mis-demeanour of his sonnes, 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 e—placidè salubri oratione ab insana voluntate detorquet plebem. Sulpit. lib. 1.seriously disswading 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 Gods appointment first anoint him very privately, no man being by, but they two alone: and after in a full assembly of the people at Mispeh, 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 immediately 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:1 Sam. 11.1, &c. till upon occasion of the Ammonites invading the land, and laying siege against Iabesh-Gilead, Saul made such proof of his valour by relieving the Town & destroing 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 more anointed Saul before the Lord, —24, &c.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 Lords Prophet: and by vertue 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 Lords pleasure therein. And this is in a manner the business of this whole Chapter. Yet before he begin to fall upon them, he doth wisely first; to clear himself: and for the purpose he challengeth all & 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 Samuels challenge. The Matter of it, (to wit, the thing whereof he would clear himself,) is set down, first in general termes: that he had not wrongfully taken to himself that which was anothers, [Whose Ox have I taken? or whose Asse have I taken?] And then more particularly, by a perfect enumeration of the several species or kindes 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 blinde my eyes therewith? That is the matter of the challenge.
6. In the forme, we may observe concerning Samuel 3. other things. First, his great forwardness in the business, in putting himself upon the triall 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 triall before God and the world [witness against me before the Lord, and before his Annointed.] Thirdly, his great Equity, in offering to make reall satisfaction to the full, in case any thing should be justly proved against him in any of the premises [whose oxe, or whose asse, &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 most material or useful for this assembly, then 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 finde them there laid to my hand. Behold, here I am, witness against me &c.
8. Behold, here I am. More hast then needeth, may some say: It savoureth not well, that Samuel is so forward to justifie 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 sweateth 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 aOmni… qua vindicaris in alt…r…, 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. bLuk. ….23. foreign. Jamb. apud Plut. de dignose▪ adul.Physician heal thy self. cJuven. sat. 2.Vitia ultima fictos Contemnunt Scauros, & castigata remordent. How dNihil est quod minùs ferendum sit, quàm rationem ab altero vitae exposcere cum, qui non possit sua reddere. Cic. divin. in Qu. Cacil.unequal a thing is it, and incongruous, that he who wanteth no ill conditions himself, should binde his neighbour to the good behaviour? That a eHomicidae tyrannus irascitur& & punit furt… sacrilegus. Senec. 2. de ira. 28. Luk. 6.42.sacrilegious Church-robber should make a mittimus for a poor sheep-stealer? Or (as he complained of old) that great theeves should hang up little ones? How canst thou say to thy brother, Brother let me pul 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 and demeanours of others, and to censure them; that you fSic agitur … sic exe…p…a parantur: Cùm jadex alios quod monet, ipse facit. Ovid 6. fastor.walk orderly and unreprovably your selves. It is only the sincerity and unblameableness of your conversations, that will best adde weight to your words, winn awe and esteem to your persons, preserve the authority of your places, put life into your spirits, and enable you to doe 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, (though I cannot say, that the greatest tyranny or corruption in a Governour 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 kinde, 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 wholy upon them: who now can no more excuse themselves, then they can accuse him. They had rejected him with a nolumus hunc regnare: rather they had rejected aforeign. Joseph. 1 Sam. 8.7.God 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 suspitions 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 bforeign. Gal. 2.14.an even foot, and in an upright course: that when bad people shall goe 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 coveted no mans silver, or gold, Act 20.33.or apparel: And as Moses did; I have not taken an asse from them, neither have I hurt one of them: Num. 16.33.And as our blessed Saviour himself did; I have done many good works among you, Joh. 10.32.for which of those works do you stone me? And as Samuel here doth; Behold here I am: witness against me, Whose oxe &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 an account how he had carried himself therein. It goeth sore with an evil steward, Vl… ò me sist…, ut administratae à me Reip. rationem reddam Jun. annot.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 Gods houshold:Luke 16.3. and it were good for us eft-soons to remember,2 Cor. 5.10. that our Master will require of us an account of our stewardships. The time will come, when we must all appear before the judgement seat of Christ, to give in our accounts: And we must look to have them examined most strictly, even ad ultimum quadrantem, to the very utmost Farthing.Mat. 12.36. Wisd. 1.9. Not an idle word, nor a vain thought, but must then be b—ut ne minimae quidem cogitationes, ac verba minutissima, eju… judicio indiscussa remaneant. Gregor. Rev. 6.16. Gen. 3, 8, 9.accounted for. They that judge others now, shall then be rejudged: and all their proceedings re-examined and reviewd with a most curious, unerring, and unpartial eye. O happy, thrise 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 Iudge, or to run to the thickets as Adam did, till he be fetcht out with that terrible process (Adam where art thou?) but shall readily 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 dangers. 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 Fathers 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 lye at their courtesie. So long as these things should hang upon the file, or lie in the deck; 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 to get 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 fol…owing, 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 Serpents wisdom, so it be not tainted with the Serpents poyson too; Mat. 10.16.but rightly tempered with a due mixture of Dove-like simplicity and innocency.
13. Lastly, to disswade the people formerly from asking a King, Samuel had told them what a King might do aIus Regis. 1 Sam. 8.11.De Iure, if he should use his absolute power: and what if a King should do 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 S. 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.Those things which you have heard and seen in me, do, &c.) We see the world is much given to be led by b—nec ad rationem, sed ad similitudinem vivimus. Senec. de vit. beat. cap. 1.example. What ever 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. cTerent. 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, then encouraged by their evil example to do amiss. If at any time hereafter Saul should take any mans Ox or Asse from him by any manner fraud, oppression, or bribery: the constant practise of his immediate predecessour for sundry years together shall stand up, and give evidence against him, and cast him. Samuels integrity shall condemn him, both at the bar of his own conscience, and in the mouths of all men: at leastwise he shall have no cause to vouch Samuel for his precedent; no colour to shroud his miscarriages under the authority of Samuels example.
14. We cannot now marvel, that Samuel should thus offer himself to the tryal, 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 tryal, 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 Iudge, 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, … 28.1.and Fortitude. The righteous are bold as a Lion. The Merchant that knoweth his 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 open sun.Joh. 3.20, 21. Qui malè agit, odit lucem. He that doth evil, loveth to skulke in the darke, and will not abide the light, (which is to him as the terrours of the shadow of death) lest his evil deeds should be found out and laid open to his shame.Job 24.17. 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 kinde 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 ranke Coward may take up the bucklers, and brave it like a stout Champion; when he is sure the coast is clear, and no body neer to enter the lists with him. And yet all this but a mere flourish; a faint and fain'd bravada: his heart the while in the midst of his belly is as cold as lead; and he meaneth nothing less, then what he maketh 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 unpartial hearing and doom: how would he then aNes…i… tu quàm meticulosares sit ire ad judicium. Plaut. in Mostell. 5.1.shrink and hold off, trow ye? then what crowching, 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, though 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, soris timores: Horrours and gripes within, because you have knowingly done what you ought not: Terrours and fears without, lest your wicked dealings should come to light, whereby you might receive the due shame or 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 winde and the tide may turn against you,Psal. 62.10. when you little think it: and when once you begin to b—Sejanus ducitur unco Speclandus: gaudent omnes. Juven. Sat. 10.goe down the winde, every base and busie companion will have one puff at you, to drive you the faster and the farther down.
17. Yet mistake not, as if I did exact from Magistrates an absolute immunity from those common frailties and infi…mities, whereunto the whole race of mankinde 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 duty, 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 then 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. Rev. 1.20. Psal. 82 6.Truly how ever it pleaseth the Lord (for our greater honour) thus to stile us: yet we finde it in our selves (but too well) and we make it seem by us (alas, but too often) that we are men; foreign,Act. 14.15. subject to the like passions, ignorances, and 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 le…ity, or more rigour, then 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 finde out the truth and the right in those things whereof he could not know the certainty. This doe; exercising your selves (with St. Paul) to have alwayes a conscience void of offence towards God, and towards men: Act. 24.16.and then you may (with him also) be bold to call both God and men to bear witness to your Integrity. (Ye are witnesses, and God also, how holily, and justly, 1 Thess. 2.10.and unblameably we behaved our selves among you, 1 Thess. 2.) and with good Samuel here to put your selves for the tryal 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 Samuels 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 kindes whereof in the Text specified, are Fraud, Oppression, and Bribery. Against all and every of these he expresly protesteth: Whose Oxe have I taken? or whose asse have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any bribe, to blinde mine eyes therewith? To begin with the General; Whose Ox have I taken, or whose Asse have I taken? These two creatures, the Ox and the Asse are here mentioned, because of their great usefulness: the strength of the Ox, and the patience of the Asse, 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 adayes and in these parts of the world do Horses: See Deut. 17.16; Psal. 20.7; Prov. 21.31; See Gen. 32.5; Exod. 23.4.12; Job 13; Luke 13.15; Exod 20.17.Whereof in old time we finde very little speech of any other use, then for the services of war only. Whence it is, that the Ox and the Asse are in the Scriptures so frequently mentioned together, and so reckoned together as a principal part of a mans wealth: and also both here and elsewhere by way of Synecdoche put for a mans whole substance or estate. In the last Commandement of the Ten, after those words Thou shalt not covet thy neighbours Ox nor his Asse, 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 mans Ox nor Asse, nor any thing else that was another mans.
20. And then by Taking he must needs mean aforeign. Diphil. apud Stobae. Ser. 8.wrongful taking: the words will else bear no reasonable construction. For to deny the lawfulness of commerce and civil contracts, such as are buying, selling, giving, exchanging, and the like, wherein the right and property of things is transferred 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, that 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.Exod. 20.17. That foreign therefore in the Law, Thou shalt not covet that 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 aInde se…è scelerum causae: nec plura—&c. Juvenal. Sat. 14. 1 Tim. 6.10.Covetousness, that maketh us unjust: which S. 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 foreign: as much as to say, a desire of having more; more then is our due, more then falleth to our part or 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 as S. Iames calleth it, that Royal Law, Thou shalt love thy neighbour as thy self; and to that great fundamental Rule of Equity, James 2.8.by which as by the Standard we ought to mete out all our dealings towards our brethren, Quod tibi fieri non vis, &c. Whatsoever you would that men should do unto you, Mat. 7.12.do you even the same to them.
22. If all men would first look back into the most suspected passages of their former dealings, unpartially trying them but by this one Rule (and by this one Rule they shall all be tryed 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 finde 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: couldest thou brook, to be in like sort cheated thy self? Thou that Ahab-like wringest thy poor neighbours Vineyard from him; drivest him by continual molestations to this strait, that either he must forsake the town (if thou hast a minde 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: couldest 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 Iudge himself; to pervert judgement, and to get the day of thine adversary, when his cause is more righteous then thine: couldest thou be patient thy self to be wrested out of thine own apparant right by such engines? In a word, thou that takest thy brothers Ox, or his Asse, or any thing that is his, from him wrongfully: wouldest thou be content thy brother should wrongfully take thine? Whosoever thou art that doest another wrong, do but aforeign. Isocrat. in Nicoc.turn the tables; imagine 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 a—quo cunque modo rem. Horat. 1. epist. 1.howsoever,) are not much moved with arguments of this nature. The evidence of Gods 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 paradoxe: when a mere heathen man could say, bHesiod foreign.foreign: and another, Lucrum p…ta lucrum, si justum siet. St. Paul placeth gain in godliness, 1 Tim. 6.6. Mark. 8.36.not in wealth: and our Saviour teacheth, that he that should gain the whole world, if he should for that lose his own soule, should have little cause to boast of his peniworth. Lucrum in arcâ, damnum in conscienti…: the gain will no waies countervail the loss. All this is most certain truth: but still we hit not upon the right string. Psal. 17.4.The worldling hath his portion in this present life; and in these outward things; and therefore what losses befall 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, Prov. 10.2.saith Solomon Prov. 10. His meaning is, take 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 shew, that they milder 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;Prov. 20.21. but very rarely beyond, the next generation. An inheritance may be gotten hastily 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 chewing;—17. Job 20.15. the time will come when they shall be vomited up again with sorrow and bitterness.3 King. 21▪ 19. What gained Ahab by it, when he had made himself master of Nahoths vineyard, but the hastening of his own destruction? And what was Gehazi the better for the guifts he received from Naaman; 4 King. 5.27.which brought an hereditary leprosie with them? And what was Achan the richer for the golden wedge he had saved out of the spoils,Jos. 7.24. 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 Satans baits: which when we swallow, we swallow a hocke 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 ourselves with those new morsels. Let us therefore beware that we suffer not the least portion of unjust gain to cleave to our fingers,Deut. 13.17. Ios. 7.11. or to mingle with our other substance. There is a secret poyson 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.Mat. 13 33; & 1 Cor. 5.6. Know you not, that a small handful of leaven, if it be 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 mans Oxe or Asse.
25. It ought to be the care of every private man, thus far to follow Samuels example, that he keep himself from doing any man wrong. But men that are in place of government, as Samuel was, have yet a farther charge lying upon them over and besides the former: and that is to preserve others from wrong; and being wronged, to relieve them to the utmost of their power. A Magistrate should be so far from taking any mans oxe or asse from him; that, so far as he can hinder it, he should not suffer any other man so to doe. Where Commutative Iustice is by private persons violated, through fraud, oppression, or bribery: there it behoveth the Magistrate to set in, and doe 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 strengthening of any injurious act. They that have skill in the Laws; by giving dangerous aBonus vir non agit nisi bonas causas. Quintil. 12. instit. 1.counsel in the chamber, or pleading smoothly at the Barr. They that attend about the Courts; by keeping back just complaints, or doing other cast of their office in favour of an evil person or cause. But especially the Magistrates themselves; by a perfunctory or partial hearin…, 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 connivence maketh them Accessories: and then the greatness and eminency of their places enhanseth the crime yet further, and maketh them Principals. Qui non prohibet peccare, cum potest, jubet. He that suffereth another to take any mans oxe or asse from him; or his house, or land, or common from him; or his tith 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 doe it. —Me nemo ministro 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 blinde mine eyes therewith?] Most Injuries are reduced to the two first heads; bCic. 1. de offic. foreign. Homer.Fraus and Vis. Sometimes a man is wronged, and perceiveth it not till afterwards; which, if he had knowen 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 over-wrought by Craft: in this over-born by Might. Both are joyned together in the Psalm [He shall redeem their soul from falsehood and violence, Psal. 72.14. Zeph. 1.9.Psalm 72.] And 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 practise. As Pharaoh said consulting the destruction of the Israelites,Exod. 1.10. Opprimamus sapienter, let us deal wisely with them, and destroy them. And as Lysander was wont to say, that where bforeign. Plut. in Lysandr.the Lions skin would not reach to do the business, it should be eaked out with the Foxes. Both are hateful both to God and man: cCic. lib. 1. de Offic.Sed fraus odio digna majore, saith the Oratour; of the two, Deceit is the baser and more hateful. Because men had rather be thought to want strength, (for that begetteth pity;) then to want wit (which doth but expose them to scorn:) thence it is, that usually they complain more of treachery, then they do of open hostility; and take it deeper to heart to be defrauded, then to be oppressed. The loss troubleth them not so much, they say: but they cannot endure to be couzened. 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 neighbour, Levit. 19.13.Levit. 19. and after in the same Chapter,—35. Ye shall do no unrighteousness in judgement, 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 neighbour sinneth therein:Lev. 6.2. &c. and the Law there enjoyneth an offering to be made for the expiating of that sin. How often doth Solomon condemn false weights and false ballances as foul abominations? And how frequently do the Prophets object it,Prov. 11.1.20.10.23. Jer. 5.26.27. Osee. 12.7. as a main provocation of Gods heavie judgements upon the Land, 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 hands are the ballances of deceit; That they made the Ephah (whereby they measured out the commodities they sold) small, Amos. 8.5.and the Shekel (wherewith they weighed the money they were to receive for that they sold) great, and falsified the ballances; and the like? S. Paul also (if the translations speak his sence aright) laieth 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 Thess. 4. And he chideth the Corinthians for doing wrong, 1 Thes. 4.3—6 1 Cor. 6.8.and defrauding one another, 1 Cor. 6. And lest in what he either forbiddeth to, or reproveth in others, himself should prove guilty: he protesteth against all such dealings more then once: [Receive us, we have wronged no man, 2 Cor. 7.2.we have defrauded no man, 2 Cor. 7. And again 2 Cor. 12. Be it, I did not burden you, (as the false Apostles for filthy lucre, and to serve their own bellies, —12.17.did,) nevertheless it may be you will think I was crafty, Rom. 16.18.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 Samuels challenge here, Whom have I defrauded?
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 kindes 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, then any blemish to them in their Christian profession, to cheat and cozen, they care not whom, nor how; so they may get aPersidiam, fraudes, & ab omni crimine lucrum Quaesitum. Juvenal. Sat. 13. Prov. 20.14.gain, and gather wealth by it. In the way of trade, in buying, selling, and other bargaining; what lying, dissembling, and deceiving? It is stark naught, 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, false oathes: in the Markets and Shops. In the common offices of neighbour-hood, friendship, service, or trust: false gloses, 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 judgements. The hour would fail me to mention but the chief heads of those falsehoods, that are common and notorious: but no mans experience would serve him to comprehend, no mans breath to declare, the infinite variety of those more secret and subtil falsehoods, 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 will prove in the end unprofitable to those that use them,Psalm 5.6▪ and (without repentance) damnable. He that beguileth another, however he may please himself therewithal onward; yet shall finde at length that he hath most of all beguiled himself: 2 Tim. 3.13.deceiving and being deceived, as the Apostles words (though spoken to another purpose) are, According to that of Solomon, The wicked worketh a deceitful work; Prov. 11.18.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, Psal. 15.2. &c.and speaketh the truth from his heart; That hath not stretched 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 kinde 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 doe, and are not so easily resisted in what they will have done.Jam. 2.6. Doe not not the rich men oppress you, Jam. 2. For riches and worldly greatness lift up the hearts of men, and swell them with pride (Charge them that are rich in this world, 1 Tim. 6.17.that they be not high-minded, saith S. Paul:) and pride bringeth on Oppression (let not the proud oppress me, Psal. 119.122.saith David, Psal. 119.) They are the large fat kine of Basan, (that is, the Princes, and Nobles, and great ones of the land,Amos 4.1.) those that dwell in the mountains of Samaria, that oppress the poor, 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 hornes to their curstness: and they are as ready to shew it too, so oft as their power will serve them so to doe. 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 aforeign.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 wayes 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 withall a grievous and a base sin. A very common sin it is. Elihu speaketh of multitudes of Oppressions, Job. 35.8▪ Amos 8.4.Job. 35. How do the wealthy every where swallow up the needy: as in the forrests bAs the wilde asse is the lions 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 bforeign. Basil. in Hexam. hom. 7. Esay 3.15. Psal. 14.4. Levit. 25.14.the 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 boones. 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 kinde whatsoever, 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 Levit. 25. If thou sell ought unto thy neighbour, or buyest ought of thy neighbours hand, ye shall not oppress one another: —17.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, Prov. 14.31.reproacheth (or despiseth) his maker. Prov. 14. And indeed so he doth, more wayes then one. First, he despiseth his Makers Commandment, who hath (as you heard) peremptorily forbidden him to oppress. Secondly, he despiseth his Makers Creature: the poor man whom he so oppresseth being Gods workmanship as well as himself. Thirdly, he despiseth his Makers 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 therewithall, 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 doe it to his own confusion. He that made him, can marr him when he pleaseth: and the greatest oppressours shall be no more able to stand before him then, than their poorer brethren are now able to stand out against them.
34. Adde 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. Alass! 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: (for as much as your treading is upon the poor, Amos 5.11.Amos 5.) and it is a poor and inglorious conquest, that is gotten by the foile of such an adversary. Rob not the poor, saith Solomon, because he is poor: neither oppress the afflicted &c. Prov. 22.Prov. 22.22. 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 cause, and spoil the soul of those that spoiled them. —23.As if he had said, Be well advised what you doe: 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 goe unpunished. Yet is there another sence 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 shouldest wring all he hath from him, it could make no great addition to thee; because he is poor. 3. Or if it could, yet is he 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. aClaudian.Asperius nihil est humili — in the Poet. But take it from Solomon rather:Prov. 28.3. who compareth a poor man, when he hath the opportunity to oppress another poor man, to a sweeping rain that leaveth no food Prov. 28. How roughly did that servant in the Parable deal with his fellow-servant, Matth. 18.28.when he shook him by the throat for a smal 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; —27.but the servant, being of a low and narrow spirit, must insult. bTerent.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 sel to his necessitous neighbour, … at must buy upon day; or have a little money 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 dayes experience make proof of it,) how such a man will skrew 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 practise would be in you; wherein men of the lowest minds and conditions can in their proportion) not equall 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. Esay 33.] This for the second particular, whom have I oppressed?Esay 33.15.
35. There is yet a third behinde, against which Solomon 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 blinde mine eyes therewith?] In the place now last cited the Prophet Esay, speaking of an upright just man, describeth him amongst other things by this, that he shaketh his hands from h…l…ing of bribes: Esay 33.15.as a man would shake off a Viper or other venemous beast, that should offer to fasten upon his hand, as Paul did at Mal a, Act. 28.15.Acts 28. The word that here in the text is rendred Munus, a gift or a bribe (foreign) t…e Targum there rendreth foreign (Mammon dishqar: whereunto that Mammon of unrighteousness mentioned Luke 16. and wherewith our Saviour would have rich men make themselves friends, Luk. 16.9.may very well seem to have reference. Although 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 wordly riches, in opposition to spiritual riches a little after there called the true riches: —11.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 seemeth to be proverbial, and (taken in the former sence) to bear this meaning in that place. As wordly wise men, that have suits depending in the Courts, will attempt by bestowing gifts upon him or his servants, to make the Iudge 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 Gods favourites) by giving alms to them out of their worldly goods, that so they may finde favour with him at the day of judgement. 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 judgement: 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, Exod. 23.8. Deut. 16.19.as well as the other two branches of Injustice were; and that both frequently and expresly: and taxed by the Prophet as a sin of a very high nature,Amos 5 12. a mighty sin [I know your manifold transgressions, and your mighty sins: they afflict the just, Fortia peccata. Vulg.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 already 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 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 oppressours, 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 judgement of God upon them) why oppressours 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 yoaked these two things together; Oppressing the poor,Prov. 22.16. and giving to the rich in Prov. 22. [He that oppresseth the poor to increase 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 of height he aimeth at.
37. Bribery then is a branch of Oppression: That we have cl… red. But yet one part 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 peculiarly 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 knowledge and consent both of the Giver and Receiver.
38. Which circumstance maketh it (at least in this one respect) somewhat worse, then 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 Iudge. Of the heinousness of it in the sight of God, and the mischief it doth to the Common-wealth, when it is found in Iudges and Magistrates, I shall forbear to speak, (the time being withall now welnigh spent:) because out of the confidence I have of the sincerity of those that now hear me, I deem the labour needless. Only I cannot (the Text offering it) but touch somewhat at that property, which Samuel here ascribeth to a bribe, of blinding the eyes. Solomon speaketh much of the powerful operation of guifts and bribes: Prov. 21.14. —18.16. —17.8.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, then any of the other. Samuel undoubtedly learnt it from Moses, who hath it twise: Once in Exodus, and again repeated in Deuteronomy, Exod. 23.8. Deut. 16.19.in the self-same words, (Thou shalt take no gift: for a gift blindeth the eyes of the wise, and perverteth aforeign.the words of the righteous.) A marvelous power sure there is in them, that can work upon men so strongly; (yea sometimes upon bforeign. Pindar.wise and righteous men, as Moses his words express.) as to stop their mouths, and binde their hands, and blinde their eyes; that they can neither speak, nor doe, nor see what is right.cEuripid. in Medea. act. 4. foreign, as it is in Euripides: They say that even the gods may be tempted with gifts. Very like; if applyed to such gods as are spoken of in the Psalm, (Dixi Dij, I have said, ye are gods. Psal. 82.6.)
40. But then what is it to blinde the eyes? or how can bribes do it? Iustice is not unfitly pourtrayed in the forme 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 guift 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 the inhabitants of Iabesh-Gilead, 1 Sam. 11.2.upon condition he might thrust out all their right eyes. From this property of hood-winking and muffling up the eyes it is, that a Bribe is in the Hebrew (the Text-word here) called foreign Copher, of foreign Caphar, to cover, to dawbe up, or to draw over with lime, plaister, or the like. Whereunto our English word, to cover hath such nere affinity in the sound; that (were it not apparently taken from the French Couurir, and that from the Latine 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 guifts, if they be handsomely conveighed, and not tendred in the name, nor appearing in the likeness of Bribes, (for then wise and righteous men will reject them with disdain,Rejecit alto dona nocentium vultu. Hor. 4. Carm. 9. Esay 33.15. 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 curtesie with another. Whereby it cometh to pass, that guifts 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;foreign. Antiphon foreign. Plat. 5. de legib. it is then no great mastery to doe 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 suspition 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 Samuels Equity: in offering, in case any thing should be truly charged against him in any the premises, 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 doe, 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 mis-information, precipitancy, negligence, prejudice, or other humane frailty, have committed some oversight in judgment, for which it might be reasonable for him to make some kinde 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 aSi 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, bIbid.Non dimittitur peccatum, nisi restituatur ablatum, is a famous received Aphorism in this case: well knowen 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: Job 20.18.according to his substance shall the restitution be, and he shall not rejoyce therein.] and such as the Law imposed upon thefts and other manifest wrongs: which although not much worth, is yet better then none. But as Samuels offer here was voluntary: 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. in restoring fourefold to every man from whom he had gained any thing wrongfully. It may be feared,Luk. 19.8. if every Officer, that hath to doe 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 eare, or relisheth so harsh in the pala…e 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, who ever 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, then his own C…nscience 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 goe hard with thee to restore it back, to him that hath a true right in it: did it not goe 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, Doe 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 been 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 though 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 unchangable 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. Not 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 shekels, the restitution was to be after the rate of four and twenty. See the sixth 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 Iudge we shall in our souls receive at the last great assize, according to what we have done in our bodies here, whether it be good or evil. Now to God the Father, &c.