Judgments Removed Where Judgment is Executed, Sermon

Judgments Removed Where Judgment is Executed · Sermon

p. 1JUDGEMENTS REMOVED, VVHERE JUDGEMENT IS EXECUTED.

PSAL. 106.30, 31.

Then ſtood up Phinehas, and executed judgement, and ſo the plague was ſtayed; and that was counted unto him for righteouſneſſe unto all generations for evermore.

THe Text is a cleare mirror, and glaſſe of juſtice, wherein you have all the neceſſaries requiſite to a righteous action; There is Juſtus, the perſon righteous; juſtum, the matter and fact righteous; and juſ…è, this righteous fact done righteouſly.

The righteous perſon is deſcribed, by his name Phinehas; It is not worth the while to meddle in the diſpute amongſt Popiſh Authors, whether becauſe of the promiſe made to him, Numb. 25. to wit, A Covenant of peace for ever, that therefore Phinehas be yet alive, and kept till the day of judgement; as they conceive of Enoch.

Secondly, The juſt Actions are two; Firſt, He ſtood up; howſoever this word be uſed for thoſe that miniſter and ſerve; therefore the Angels are called (Zach. 3.) Standers; yet in other places p. 2it doth denote Firmneſſe, and Stabilitie; Hence the word that ſignifies a Pillar, cometh from this root. Ezekiel 22. Can thy heart endure? in the Hebrew, Can it ſtand? And thus here it implies, the Courage, the Fervency, and Zeale of Phinehas. The ſecond juſt Action is, he executed juſtice. Some read, he prayed; and ſo the Chaldee Paraphraſe; the root in the Originall doth indeed in one Conjugation ſignifie to praiſe, but in the other which is here in the Text, it ſignifies to adjudge, and to condemne; for ſo Phinehas did both judge, and execute this judgement! therefore Gregory Nyſſen calls him, both the Judge and the Executioner. What the Delinquents were, you may read Numb. 25.

Laſtly, That this was juſtè, righteouſly done, appeares by a twofold effect, or reward; Firſt, Publike, the plague ceaſed; the plague, the word ſignifies any kinde of ſtriking; and therefore what this plague was, is not recorded. The other Effect, is private and perſonall, It was imputed to him for righteouſneſſe; Not as Faith was to Abraham; for that was a righteouſneſſe of the perſon, and univerſall for juſtification; but this is of a fact, and particular; and the ſenſe is, it was approved of by God for a juſt act; whereas otherwiſe it might have been doubted of; Although ſome thinke, what he did here, was done by command of the Elders, and Judges.

The Doctrine: When men execute their juſt judgements, then God removes his.

Firſt, We will ſhew the neceſſitie of Juſtice, and that flows from divers ſtreames.

Firſt, From God, who (beſides thoſe many commands for juſtice) ſhews that all their other religious Sacrifices, were rejected for want of this. Iſaiah 1. As long as their hands were full of bloud, how doth he loath their Ordinances? therefore it is not enough to reforme, nor to ſet up a good Miniſtery, to aboliſh corruption, unleſſe alſo the juſt judgements of the Lord be executed: The will of the Lord is to be done, not onelyonly in the Aſſemblies for Worſhip, but alſo in Judicatories: And you may obſerve in the Prophet, that commonly thoſe two ſinnes are linked together, Idolatry and Bloud. And had not England the experience of this? Are wee to p. 3this day cleanſed either from the one, or the other? Yea to doe juſtice is an acceptable ſervice, Pinguior mactari Deo victima non poteſt quam homo ſceleratus; ſo that the high prize which is put upon this ſervice of him, may make men couragious and faithfull; And certainly the Acts of Juſtice, are ſo apt to be obſtructed, that unleſſe a man look up to God, he can never beare up his heart in them.

Secondly, From our ſelves; We ſhall hereby be freed from the guilt of others; For where Juſtice is not executed, there a whole Kingdome is defiled. Now to have other mens ſinnes become ours, to have the bloud of Ireland, all thoſe outrageous inſolencies there, and in England, to become our ſinnes, this is terrible. The ſinnes of others may become ours negatively as well as poſitively, when we doe not humble our ſelves, when we doe not labour a Reformation; therefore the Prophet complained, that there was none who called for juſtice. It was a ſin in the people, not to pray for it, and deſire it. And this is the reaſon, why in publick calamities, the righteous periſh as well as the wicked, becauſe they get ſome infection, when the plague is generall. You ſay the plots and the conſpiracies of enemies, they ruine and undoe us, but may not alſo our ſinnes in civill Judicatories undoe us?

Thirdly, We ſhall hereby prevent the publick judgement that may come upon a Land; As neglect of Juſtice brings other mens ſinnes upon us, ſo alſo it uſhers in all publick calamities; See what Achan, what Sauls ſons unpuniſhed did bring upon the Nation; therefore Zach. 8.16. It is ſaid; Execute the judgement of truth and peace in your gates; Juſtice brings peace; contrary to the ſinfull thoughts of many, who think that this is the way to ſpoile all. And we have the rather cauſe to look to this, becauſe the Impriſonments, the Injuſtice that hath been done upon the godly, and faithfull men upon the earth, may ſtill cry; their impriſonments, their baniſhments, their death may ſtill cry for vengeance. Juſtice is called by Ariſtotle, Heſperus, the Glorious Starre; yea, it is the Sun of the world; Therefore conſider, If you ſtand up like Phinehas with pure zeale, to doe the judgement of the Lord, it may be the warre ſhall ceaſe, Gods anger ſhall be appeaſed; it may be when the Jonahs are out, the Ship will be quiet. And certainly how can p. 4we pray, that the Lord would be avenged on the Crueltie, and the Bloudineſſe of the wretched Adverſary, if we our ſelves will not doe it when we may?

Fourthly, It is neceſſary, in regard of others; If they be good, then to ſpare the bad, it is cruelty to them. Amos 5. obſerve that phraſe, of turning juſtice into Wormwood; which implies that Juſtice of it ſelfe is ſweet, even as honey, and the neglect of it is Wormwood: Qui malis parcit, piis nocet; To let the Lions and Beares alone, it is to wrong the Sheep and Lambe. And therefore this may ſerve to reprove all ſinfull Mildneſſe and Lenitie; When you pittie the Bad, you are hard-hearted to the Good: you pittie the Delinquent crying, and you never thinke how the innocent Land and Nation would have cryed. I doe not ſpeake againſt true Clemency, but I ſhew the dutie in the generall. If you will pittie a Cataline, pittie Rome much more. Beſides, pittie the whole, rather then the part: Pereat unus magis quam unit as: So that there is no juſt publick act, though it ſeeme never ſo ſevere in reſpect of a perſon, yet it is a mercifull act to the Common-wealth: you had better have one Malefactor ſit mourning, then a whole Kingdome.

Fifthly, If others be bad, Juſtice is neceſſary, becauſe otherwiſe you encourage them in their impietie; and this ought much to be laid to heart. If wicked men abuſe the Patience of God, they will much more abuſe mens Patience. One end of Juſtice is to ſtrike terror into others, that they may be afraid; and when you ſinfully acquit men, if they doe wickedneſſe afterwards, it is not ſo much they that doe it, but you. It was an ingenuous acknowledgement of an Emperour, who when a man had committed wilfull murther, and friends importuning for him, he was releaſed; but preſently after, he commits murther againe; then complaint was againe made of him to the Emperour, as being twice guiltie of murther; No, (ſaith the Emperour) he is guiltie of the former onelyonly, I am guiltie of the latter. And ſo if you acquit the ungodly, and they run afterwards into vile enormities, what will men ſay? Yea what will your Conſciences ſay? It is not they that are guiltie, it is we that are guiltie, we have thus murthered, we have thus deſtroyed, not they.

p. 5Sixthly, It is neceſſary, in reſpect of the Malefactors themſelves; for theſe acts of Juſtice, being the appointment of God, they may be bleſſed by him, to the awakening and rouzing of mens conſciences; it is to make them ſee their pride, their wickedneſſe; God hath ſuffered all this to fall upon them, in mercy to their ſoules: It is a very uncharitable opinion of the Socinians, That none of thoſe, who die as Malefactors, for their wickedneſſe, can be ſaved; this is againſt the tenour of the Goſpel and Mercy; but howſoever, if Juſtice do not work the ſalvation of their ſoules, yet it works to the reſtraining of their ſin; the meaſure of their wickedneſſe is the leſſe. That is a grave Speech of Seneca's: Ʋt nemo pereat, niſi quem perire etiam pereuntis interſit; That none periſh but thoſe, to whom it is an advantage to periſh. Thus you ſee upon how many foundations this act of Juſtice is built: if God, if man, if others, if our ſelves, if the Common-wealth, be looked upon, then ought Righteouſneſſe to be exalted: I ſhall end this part with Amos 5.24. where the Prophet takes them off from all their religious duties; do not think Sacrifices, Prayers will availe, But let Righteouſneſſe run down like waters; where righteouſneſſe is compared to water, how welcome is it to a thirſty ground? and then it muſt run down, which denotes abundancy, and like a torrent, which denotes fervency.

In the ſecond place, wee will ſhew you, how you are to doe it:

1. By Prayer, and ſeeking the Lord; therefore I cannot but encourage you in that you have deſired to begin with God; and certainly there is great reaſon: for Counſell and Wiſdome, they are the gift of the Lord, and direction in theſe great matters is from him; you ſee how that prayer pleaſed God, when Solomon prayed for Wiſdome; and certainly to miſcarry here is very dangerous, you may ſoon provoke God, you may ſoon bring guilt upon the Kingdome, you may quickly condemn the innocent, or abſolve the guilty: and as the Danger is great, and therefore pray; ſo the Duty is hard, and therefore pray; to be void of all ſinfull affections, and partiality, all feare of men to do it, as an act of Juſtice, out of love to God; theſe things cannot be had without Prayer; for this you muſt know, that though you condemn a man p. 6juſtly in regard of the Law; yet for all that, if you have carnall ends, or ſinfull aims in you, God will be avenged of you, even as if it were murther, as I ſhall ſhew you afterwards.

2. By judging your ſelves for your own ſins; that is alſo neceſſary to you to judge your ſelves, and to humble your ſelves before the Lord. Our Saviour, to convince the Phariſees, bids them that were without ſin, throw the firſt ſtone at the Adultereſſe; this was to imply, that men who judge others, they muſt conſider their own ſins. And certainly, you have deep matter of humiliation; for is there any ſin committed by any man, the root of which is not in thy heart? may we not all acknowledge the grace of God, that wee are not Cains, Judaſes, and haply the Lord hath given up ſome delinquents to ſuch notorious ſins, becauſe of ſuch pride, or ſuch contempt of the means of grace, or ſuch ambitious deſires, for the favour of great ones, which thy heart hath been propenſe unto; Luther commended a man, who hearing of another fallen into a great ſin, cryed out, Hodie illi cras mihi; It is his turn now, it may be mine to morrow. It is diſputed by Divines, whether a Judge that is guilty himſelf, may condemne a malefactor, and they conclude, he may; but yet it is his great duty to ſee his own ſin.

3. By doing it, as the judgement of the Lord: ſo in the Chronicles, in Deuteronomy, it is called the judgement of the Lord; you are in the Lords ſtead, and therefore to do it, as the Lord would do it: Jus dicere, is res ſacra, it is a holy thing, (ſaith the Civilian) hence the Lawyers were ſometimes called Sacerdotes, becauſe it is a kind of a holy thing to judge and pronounce ſentence; you are to look higher then to men, even unto God himſelf. The Romans are much commended for their Juſtice, yet their actions were but ſplendida peccata, refined ſins: Ariſtides the juſt was but a Glowworm, and ſevere Cato but a Blazing-ſtar; Vincit amor patriae laudum que immenſa cupido, the praiſe of men overcame them; you muſt not walke by this rule, This man muſt be condemned, the people will have it ſo, and the City will have it ſo; but will the Lord have it ſo?

4. Deliberately and adviſedly, howſoever it be queſtioned, whether a Magiſtrate may releaſe the puniſhments of ſins, yet that he may delay, all agree; Truth is the daughter of Time, Alius dies p. 7de alio judicat, de omnibus ſupremus; one day judges of another, and the laſt of all; an act of Juſtice ought to flow from mature deliberation, and adviſed attendency: It is ſaid of Lewis King of France, that when hee had through inadvertency granted an unjuſt thing, as ſoon as hee read that verſe in this Pſalme, Bleſſed is hee that doth righteouſly at all times, preſently recalled himſelf; eſpecially there ought to be deliberation, when it is above the life or death of men: When Theodoſius had raſhly killed many in a City, which did much trouble him, afterwards it was ordered, that thirty dayes ſhould intervene between the ſentence and execution; Poteſt dilata poena exigi, exacta revocari non poteſt, deferred puniſhment may be executed when we will, but if once executed, it cannot be recalled.

5. With much godly pity and compaſſion; A Butcher (they ſay) may not be of the Jury, much leſſe may hee be a Judge; and certainly there is juſt cauſe of great relenting, whether we conſider our ſelves or others; our ſelves, who are of the ſame mould, and ſubject to the ſame temptations as others; though wee may delight in Juſtice, yet to do it as it is the evill and griefe of another, ſo to be glad of it, this is very ſinfull; and though you may have much Religion and Piety in your breaſts, yet ſowreneſſe and ſeverity doth much diſcourage: how did Joſhua ſpeak to Achan, My ſonne, give glory to God; where there is Juſtice within, and nothing but auſterity without, it is like thoſe houſes where they ſay treaſures of Gold are, but the place is ſo haunted with ſpirits, that none dare come neer; though there be Piety and Juſtice, yet Paſſion and Frowardneſſe hinder others from being made partakers of it: It is remarkable of David, that when the news of Sauls death was brought, he rejoyced not at all, though it was greatly to his outward advantage, but wept and bewailed him.

6. With ſure Knowledge and Ʋnderſtanding; it is obſerved of all, Gen. 18. as a pattern in judgement, I will deſcend and ſee, if it be ſo: ſo Job 29. If I did not ſearch out the cauſe, that was too hard for mee; the Judges had an Image with a Jewell upon it, that was called Truth, and a multitude of bookes lying by, to ſhew the Knowledge of the Judge; and this made Solomon ſo pray for Wiſdome: In matters of life and death, proofs ought to be full; therefore p. 8Moſes ordered, that if there fell out matters too hard for inferiour Courts, they ſhould go to the higher; you are to give phyſick to the Common-wealth, and Ignorance may indanger the whole; beſides, Knowledge is not enough, but Prudence is requiſite, which is, Rectaratio agibilium, the right way of ordering things; the Phyſician hath not Knowledge enough, when it is Theoreticall, but it muſt alſo be Practicall; therefore, know what you do, for there is nothing that you judge, but God will judge, yea, the world will judge it over and over again.

7. With Courage and Boldneſſe; Much oppoſition, and hatred, will alwayes be in the way of juſtice; but the Rule is, Fiat juſtitia, & ruat mundus; Let juſtice be done, though the world be ruin'd: and that is a true ſaying, Odia qui nimium timet regnare neſcit; He that feares the hatred of men too much, knows not how to governe. You will find that to reſiſt Friends, and to overlook Enemies, in this your worke, will be difficult; To have friends intreating, and to have Enemies reviling, will be a great temptation. Magiſtracy is called Cos hominis, the Whet-ſtone of a man; it is not onelyonly a Touch-ſtone, to try what a man is, but a Whet-ſtone alſo, to quicken him in that worke. Saul when he was called to the government, had another ſpirit; and doe you pray, That as the worke you have, is other worke then you have had, ſo your ſpirit alſo may be otherwiſe; Eſpecially, harden your ſelves againſt worldly feares. It is noted by ſome Expoſitors, that Moſes when he had killed the Aegyptian, he looked up and downe, as being afraid, which (they ſay) was his weakneſſe, and corruption. Let that be true of you, which was ſaid of Chryſoſtome, That he feared nothing but ſinne.

8. With much Patience; See what a world of Cenſures you muſt lie under; ſome will ſay, you are too ſevere; ſome, you are too mercifull; ſome, that you doe nothing; ſome, that you doe too much; and how much patience muſt here be? And there is nothing more unſtable, then the people, who as they are earneſt for juſtice, ſo when it is done, doe relent and pittie thoſe that ſuffer, as if wrong were done to them.

9. With much Fervor and Zeale; This is the cauſe of Courage; p. 9Adami voluntas non habuit fortitudinem, quia non habuit fervorem; It was Bernards ſaying, Adams will had not ſtrength to endure, becauſe it had not fervency and zeale. The righteous are compared to Palme trees, now they love hot Regions, and ſo doth Juſtice a zealous heart. And terrible is that inſtance of Eli, he did ſomething, yet becauſe he was not zealous, and fervent, how was he puniſhed by the Lord? Every Sacrifice was to have fire; and let your hearts alſo burne with fire, for the glory of God, and the good of the Common-wealth.

Laſtly, This Zeale muſt be pure, as an act of Juſtice, and out of Love too, or it may be thy murther, while it is Juſtice: hence Numb. 25. Phinehas his zeale is called the Lords zeale; the fire it muſt be pure Elementary, not Culinary, or baſely feeding upon carnall reſpects. Among the Thebans, the Images of their Judges, were without hands and blinde, that ſo no bribing nor compaſſion might divert them from Juſtice.

And theſe are the Things which hinder pure Juſtice:

Firſt, Malice and Revengefull thoughts; Anger and Envy are preſent Peſts to all Courts and Governments. It was a good ſpeech of Alphonſus, That if he had lived in thoſe times when the Roman Common-wealth was almoſt conſumed with mutuall jarres, he would have built a Temple Jovi poſitorio, wherein men ſhould have depoſited and laine downe all heart-burnings, before they entered into the Senate. How neceſſary is ſuch a place for men, before they come into Courts, into Committees, into any publique Judicatures, where they may meet and lay downe all heart-burnings and private grudgings, that the publique cauſe may be promoted?

Secondly, Partialitie hinders Juſtice; Juſtice is often compared to the Ballance; now you know that the Ballance doth equally weigh gold and iron, it makes no difference; And ſo ought you to make no difference between poore and rich, between high and low, between friends and ſtrangers; you are to be like Melchiſedec, in this reſpect, without father or mother, or any private relations.

Thirdly, Covetouſneſſe doth prejudice Juſtice: Though your Martiall Court were a Paradiſe, yet if this ſubtle Serpent creepe p. 10into it, it will ſpoile all; this is called the Root of all evill; and the Judges were to be men hating Covetouſneſſe.

Fourthly, Carnall or worldly Applauſe; to doe what may pleaſe others; You are not ambitiouſly to affect the glory, either of ſevere men, or of mercifull men, but to have a Temperament of both; like that juſtice of Gods which is tempered with much mercy.

Now that all theſe things may be done, take ſome Theologicall Rules; which will ſerve for your Information.

Firſt, Whatſoever puniſhment comes upon a man by your falſe judgement, the guilt will returne upon your owne heads, their bloud, their death, their loſſe will be your ſin. And on the other ſide, the ſinfull acquitting of any, and the ſad effects thereof, will alſo be reckon'd upon your skore; therefore take heed what you doe, leſt you bring a curſe upon your ſelves, and upon your poſteritie alſo.

Secondly, You are to know, that puniſhments are of two kinds: Firſt, There are ſuch as are immediately commanded by the Law of God, or are evidenced by the Law of Nature. And here though it be ſeriouſly diſputed among Divines, Whether a Magiſtrate may remit that puniſhment, which by Gods Law is preſcribed; yet that opinion ſeemes ſafeſt, which doth wholly deny it: and the reaſon is cogent, Becauſe that if the Magiſtrate ſhould releaſe the puniſhment which God hath commanded, he ſhould then remittere de alieno, releaſe anothers right, which is Gods; and that is altogether unlawfull. Hence it is that our Divines doe juſtly condemne thoſe Sanctuaries and Refuges in holy places, (as they call them) for wilfull murther, becauſe here Gods Law doth ſtrictly binde them up: As alſo they condemne the practiſe of letting Malefactors looſe at the time of Eaſter, which was a cuſtome of the Chriſtian Emperours: So that cuſtome of the Jewes looſing a Malefactor, though he were a murtherer, is judged unlawfull by them. But then in the ſecond place, There are puniſhments, that are by a meere poſitive Law; and in theſe much moderation may be uſed without any guilt upon the Kingdome; For ſeeing humane Lawes are imperfect, and men could not poſſibly foreſee all cauſes and circumſtances, there is a p. 11greater latitude left to them; therefore the Rule is, Summum jus eſt ſumma injuria: So that the puniſhments which are by poſitive Lawes, muſt be interpreted according unto the affection and ſenſe of the Law-giver, or of other Lawes, or the ſafetie and benefit of the Common-wealth.

Thirdly, In all acts of Judgement, eſpecially thoſe of death, it is ſafer to incline to Clemency, then to Severitie; onelyonly this Caution muſt be taken along; That wherein there is an expreſſe command of God, or evident profit of the Common-wealth, there muſt be Severitie. Sauls pittie in ſparing Agag, was crueltie to his own ſelfe; and that can never be Clemency, which is oppoſite to true Juſtice: But yet where neither of thoſe two is, then we ought to incline to Moderation, and Clemency. Howſoever that man is much commended, whoſe Tribunall was called Scopulus reorum, the Rock where all guiltie perſons were ſplitted; yet Nero's ſpeech hath greater praiſe, who when he was to ſubſcribe to the death of a man condemned, would ſay, Ʋtinam neſcirem literas, I wiſh I did not know how to write. For there are theſe things, that may move to Clemency:

Firſt, The Conſideration of mans fraile nature, how all ſinne is contained in him; and therefore Rom. 3. thoſe words; Their Feet are ſwift to ſhed bloud; which are ſpoken by the Pſalmiſt of thoſe enemies of the Church, are applyed by the Apoſtle to every particular man by nature.

Secondly, The Corrigibilitie and relenting of the Offender, may much procure Clemency: It is true indeed that herein Spirituall Puniſhments differ from Civill; In ſpirituall, if the partie repent, they ought not to inſlict them; but in Civill, the Magiſtrate he doth it howſoever, becauſe he looks at the good of the Common-wealth; yet where men are not ſtraighten'd by the command of God, if they doe ſee Corrigibilitie in perſons offending, they have the greater libertie for their Clemency. And upon this ground it was, that Auſtin did intercede to the Civill Magiſtrate for offenders; Intercedimus, etſi non pro ſecleratis ſcelerati, tamen pro peccatoribus peccatores.

Thirdly, There is a great difference between Principalls, and thoſe that are Acceſſaries; between thoſe that were the cauſe of p. 12the Streame, and thoſe that are carried away by it.

Laſtly, Mans Law uſeth to make a great difference between thoſe that actually have wrought miſchiefe to the Commonwealth, and thoſe that have been in the preparations and endeavours of it onelyonly.

The fourth and laſt Rule is;

That in a judiciall proceſſe, though the Law may condemne a man, yet a Judge ought not to goe againſt his owne Conſcience, if he have juſt grounds for the acquitting of the man condemned. It is true, all the Popiſh Caſuiſts almoſt, determine, That he muſt proceed to Condemnation, otherwiſe (ſay they) a doore will be left open to all Judges, to pretend Conſcience, as they pleaſe, and ſo no juſtice will be done; therefore the Rule is, Illud tantum Judex novit quod novit judicialiter, That onelyonly the Judge knowes, which he knowes as a Judge: But this cannot ſtand with the Scripture, which requires, that whatſoever wee doe, ſhould be done out of Faith, that is, a Conſcience and perſwaſion of the thing to be lawfull. And there are other remedies for a Judge in this caſe; As, to appeale to the Supreame, or to delay and reſpite, or to lay downe his Commiſſion, if he cannot help the innocent otherwiſe.

The Uſe of Exhortation, from all this, is, to take theſe things ſeriouſly into your heart; Defile not the Land with falſe Judgement, as much as the Delinquents have defiled it by their offences; Let no mans life, nor no mans death witneſſe againſt you; and in all the Juſtice that you doe, eſpecially ſee that it be out of pure love to Juſtice, and no other reſpects whatſoever. Conſider that of Jehu, Hoſea 1.4. God would avenge the bloud of Jezreel upon the houſe of Jehu, yet the fact of Jehu in it ſelfe was Juſtice; and God ſaid, Hee had done all that was right in his ſight: therefore God may be avenged on you, even for that which is a righteous action, if not done by you out of love to righteouſneſſe. Conſider, why the Lord hath brought all thoſe evills upon our Adverſaries, hath not injuſtice and guilt of bloud done it? God forbid then, that Partialitie, or Friends, ſhould carry you into the ſame ſinnes. Remember, that as you judge others, ſo God will judge you, and men alſo. p. 13And conſider, that when wee ſtand up to execute the judgements of the Lord, the Lord may ceaſe from bringing any further judgements upon us.

FINIS.

End of the text · Anthony Burgess, Judgments Removed Where Judgment is Executed (1644)