Three Decades of Sermons, Decade 1 · Sermon 7
Eſtabliſhment of Juſtice. Vnfolded in an Aſsiſe Sermon Preacht at St. Mary's, OXON.
Upon Amos 5. 15.
Hate the evil, and love the good, and eſtabliſh Judgement in the gate; It may be that the Lord God of hoſts will be gracious to the remnant of Joſeph.
AS in Water face anſwereth face: So the Text ſuits Serm. 7. At St. Mary's Oxon. March 1. 1649.with the ſolemnity of the day. It is a word in due ſeaſon, which I am reſolved (foreign) without fear or flattery to apply particularly to your conſciences, as a word both ſeaſonably to be Preacht, and profitably to be learnt: The Lord make it as profitable to you, as it is ſeaſonable for you.
My Prophet Amos, was one of thoſe Prophets, which we call the leſſer Prophets; not of leſs eſteem for his perſon, or matter which he Propheſied, then the others; but leſs in quantity and bulk, having reduced a great deal of choice matter into a narrower compaſs: He Propheſied before Iſraels tranſportation into Babyl…n: He was an Herdsman of Tekoah, chap. 1. ver. 1. furniſhed with a Prophetical Spirit, and commiſſionated by God for ſo high an employment, v. 3. He Propheſied in a time of monſtrous Impieties and ſevere Judgements: He lived in the days of Ʋzziah, and you may read of his horrid attempt in invading the Prieſts Office, and the Judgement written in legible Characters in his Leprous …orehead: And they withſtood Ʋzziah the King, and ſaid unto him, It p…rtaineth not unto 2 Chro. 26. 18, 19.thee, Ʋzziah, to burn incenſe unto the Lord: but unto the Prieſts, the ſons of Aaron, that are conſecrated to burn incenſe: Goe our of the ſancluary, for thou haſt treſpaſſed, neither ſhall it be for thine honor from the Lord God. Then Ʋzziah was wroth, and had a Conſer in his hand to burn incenſe; and while he was wrath with the Prieſts, the leproſie even roſe up in his forehead before the Prieſts, in the houſe of the Lord, from beſides the incenſe altar.
Some particular impieties and reigning abominacions were, 1. Idolatry.1. Idolatry.
Idolatry was ſo continually practiced, as by way of Irony, the Lord ſeems to invite them to heap up the full meaſure of their ſins: Come to Bethel, and tranſgreſs at Gilgal, multiply tranſgreſſions; Amos 4. 4. Hoc eſt cumulare ſ…elera ſceleribus. Calv. in Loc 2. Vnmercifulneſs. Amos 1. 9.and bring your ſacrifices every morning, and your tithes after three years.
A ſecond ſin was unmerciſulneſs, want of bowels of compaſſion: Thus ſaith the Lord, For three tranſgreſſions of Tyrus, and for f…ur, I will not turn away the puniſhment thereof, becauſe they delivered up the whole captivity to Edom, and remembred not the broth…rly Covenant.
A third ſin was Oppreſſion: Hear this word, ye kine of Baſhan, that 3. Oppreſſion. Amos. 4. 1.are in the mountain of Samaria, which oppreſs the poor, which cruſh the needy; which ſay to their maſters, Bring, and let us drink.
And violence is another ſin of the ſame litter: Ye that put far the Amos 6. 3.evil day, and cauſe the ſeat of violence to come near.
A fourth ſin is Injuſtice and Bribery, I couple them together, like 4. Iujuſtice and Bribery. Amos 5. 7, 12.to like: Ye that turn Judgement to wormwood, and leave off righteouſneſs in the earth: For I know your manifold tranſgreſſions, and your mighty ſins: They afflict the juſt, they take a bribe, and they turn aſide the poor in the gate from their right.
A fifth ſin is Luxury and Jovialty: That chaunt to the ſound of the Violl, and invent to themſelves Inſtruments of Muſick, like David: 5. Luxury. Amos 6. 5, 6.That drinke Wine in Bowlls, and anoint themſelves with the chief Oyntments: But they are not grieved for the affliction of Joſeph.
A ſixth is Pride: Now Judgements are the unhappy iſſue which 6. Pride.ſin brings forth. Each word is a Thunder-bolt, Amos 9. 8, 9. Behold, the eyes of the Lord God are upon the ſinfull kingdom, and I will deſtroy it from off the face of the earth, ſaving that I will not utterly deſtroy the houſe of Jacob, ſaith the Lord: For lo, I will command, and I will ſift the houſe of Iſrael among the nations, like as corn is fifted in a ſieve: y…t ſhall not the leaſt grain fall upon the earth.
And particular Judgements are threatned ſuitable to their ſinnes.
As, 1. Famine: I alſo have given you cleanneſs of teeth in all your 1. Amos 4. 6.cities, and want of bread in all your places: yet have you not returned unto me, ſaith the Lord. There's the puniſhment of Luxury.
2. Mildew and Blaſting: I have ſmitten you with blaſting and mildew, 2. Amos 4. 9.when your gardens, and your vineyards, and your fig-trees, and your olive-trees increaſed, the palmer-worm devoured them: yet have ye not returned unto me, ſaith the Lord: There's another puniſhment of Luxury and Intemperance.
A third puniſhment is Peſtilence: I have ſent among you the Peſtilence, after the manner of Egypt: your young men have I ſlain with the 3. Amos 4. 10.ſword▪ and have token away your horſes, and I have made the ſtink of your camps to come up unto your n…ſtrils: yet have ye not returned unto me, ſaith the Lord: So that the Peſtilence and the Sword accompany each other.
And wherefore are the Sword and Peſtilence ſent? See Levit. 26. 25. I will bring a ſword upon you, that ſhall avenge the quarrel of my Covenant: and when ye are gathered together in your cities, I will ſend the Peſtilence among you, and ye ſhall be delivered into the hand of the enemy.
And the Sword is a puniſhment of their Pride, Amos 6, 7. Now therefore they ſhall go captive with the firſt that go captive, and the banquet of them that ſtretched themſelves ſhall be removed: Likewiſe the Sword is ſent for a puniſhment.
And for Phantaſtical Faſhions, Iſa. 3. 25. Thy men ſhall fall by the ſword, and thy mighty in the war.
A fifth Judgement is Famine, and this is for contempt of the Word: Behold, the days come, ſaith the Lord God, that I will ſend a famine in 5. Amos 8. 11.the Land, not a famine of bread, nor a thirſt for water, but of the hearing the word of the Lord.
A ſixth Judgement is the enſeebling of their ſtrength, and weakning of their forces: Behold, I am preſſed under you, as a cart is preſſed 6. Amos 2. 13, 14. 15.that is full of ſheaves: therefore the flight ſhall periſh from the ſwift, and the ſtrong ſhall not ſtrengthen his force, neither ſhall the mighty deliver himſelf: neither ſhall he ſtand that handleth the b…w; and he that is ſwift of foot ſhall not deliver himſelfe: neither ſhall hee that rideth the horſe deliver himſelf. When any abuſe their ſtrength and power, God will enfeeble it. This counſel is commended to our practice, Jer. 9. 23. Let not the wiſe man glory in his wiſdome, neither let the mighty man glory in his might, let not the rich man glory in his riches. You have by what hath been ſayd a taſt of bitter fruites, ſome ſinnes and judgments ſet forth in their proper colours. In Iſraels glaſs England may ſee her face. The ſame evils of ſinne are riſe among us; and in part the ſame evils of puniſhment have already befallen us, and the reſt hang over our heads and will fall heavie upon us, unleſs mercy ſpeedily interpoſe.
Now amidſt varieties of wounds, and ſores, and heavy judgments the Prophet preſcribes a ſoveraigne remedie: hee addreſſeth himſelfe to divine exhortations, and counſels: One is Amos 4. 12. Therefore thus will I doe unto thee, O Iſrael: and becauſe I will doe this unto thee, prepare to meet thy God, O Iſrael. Another which begins Si vobis animus eſt ad Deum reverti, jam abjicite omnes veſtras ſuperſtitiones. Calv. in Loc.Amos. 5. 4: is continued verſ. 5. 6, 14. Thus ſaith the Lord, ſeek yee mee and ye ſhall live. But ſeek not Bethel, nor enter into Gilgal and paſs not to Beerſheba: for Gilgal ſhall ſurely goe into captivity, and Bethel ſhall come to nought. Seek yee the Lord and yee ſhall live, &c.
Now if the queſtion be askt, wherein doth ſeeking of God conſiſt?
A. In the former verſes wee read of injuſtice, verſ. 7. They turne judgment to wormewood, and leave off righteouſneſs: and of bribery and cruelty, v. 12. They afflict the juſt, they take a bribe. Inſomuch that the prudent man is amazed and ſtands admiring in a ſtupendious reverential ſilence. He dares not revile inſtruments and murmur at the Providence of God, v. 3. Therefore the prudent ſhall keep ſilence in that time: for it is an evill time.
Q. Now whats to be done? what particular remedy is to bee preſcribed ſutable to the diſeaſe?
A. My text makes diſcovery hereof, and informes you what's the moſt effectual remedy to heale a wounded Kingdome, in the words of the Text. Hate the evil, and love the good, &c.
The wordes repreſent unto you an excellent Medicine and the ſingular virtue thereof.
The medicine is made up of three particular Ingredients.Text divided.
1. Hate the evill: There's the affection of hatred.
2. Love the good: There's the affection of love.
3. Eſtabliſh judgment in the gate: There's the exerciſe of diſtributive Juſtice.
2. For the virtue, it's ſoveraign, effectual to appeaſe the wrath of God, to ſmooth his brow: So it follows: It may be the Lord God of hoſts will be gracious to the remnant of Joſeph.
I ſhall briefly open the words and draw forth one doctrine, which, I ſhall lay down for the ground-worke of my enſuing meditations.
Here by evill, wee are to underſtand the evill of ſinne, oppreſſion, violence, Idolatry, pride, mentioned in this propheſie, and in a large acceptation, under this word all manner of ſin is forbidden. Sinne is the greateſt evill; and this ought to be the object of our indignation. What God hates, wee ought to hate. Now as God hates ſin; ſo ſhould wee with a perfect hatred abhor & hate every evil way.
By good is meant the right way, the way of holineſs and virtue. Mr Calvin takes notice of the order, firſt to hate ſinne, then to love that which is good, and he conceives the ſcope of the Prophet to bee this, that the Iſraelites ſhould become new men: and by a Syne…doch…, Repentance is deſcribed in the whole worke from theſe two parts, in hating evill and loving that which is good.
And becauſe there was abundance of corruption and injuſtice in their gates, in an eſpeciall manner hee inculcates the execution of juſtice, And eſtabliſh judgment in the gate: you have turned judgment into gall, and hemlock, and by your neglect of juſtice have provoked God to high diſpleaſure againſt you. Now labour to pacifie him by the impartiall execution of Juſtice.
It was the cuſtom of Judges to keep their courts of judicature near the gates of the City: ſo v. 10. They hate him that rebuketh in the gate, and they abhor him that ſpeaketh uprightly, Iſai: 29. 21: that make a man an offender for a word, and lay a ſnare for him that reproveth in the gate, and turne aſide the juſt for a thing of nought.
Hereupon followes a ſtrong ground of Incouragement. It may bee the Lord, &c: hee could not determine abſolutely, hee knew not the decree, whether an irreverſible ſentence had paſſed againſt them. See a notwithſtanding mentioned after a ſignal Reformation, 2 King. 23. 25, 26. And like unto him was no King before him that turned unto the Lord with all his heart, with all his ſoule and with all his might. Notwithſtanding the Lord turned not from the fierceneſs of his great wrath, wherewith his anger was kindled againſt Judah, becauſe of all the provocations that Manaſſeh had provoked him withall. But upon probable conjecturall hopes hee encourageth them; God hath been very gracious to a penitent people formerly, God was gracious to Manaſſeh, Niniveh, Paul, Mary-magdalen, & others repenting. Upon theſe experiences an afflicted remnant may conclude that God will be gracious unto them. See Jo…l. 2. 12. 13, 14. Therefore now thus ſaith the Lord, turne yee even to mee with all your heart, and with faſting, weeping and mourning: And rent your heart? and not your garments, and turne unto the Lord your God: for hee is gracious and m…rcifull, ſlow to anger, and of great kindneſs, and r…p…nteth him of the evill. Who knoweth if hee will returne and repent and leave a bleſſing behind him, even a meat offering unto the Lord your God?
Wee read in Scripture of the afflictions of Joſeph, as a proverbial ſpech, alluding to Joſeph the Patriarch, who met with evill intreaties from his brethren, and from Potiphars wiſe, hee was caſt into a pit, bought and ſold, ſlandred, caſt into priſon: and the houſe of Joſeph, his poſterity, and not only his proper natural poſterity: but all the children of God muſt through many tribulations enter into the Kingd…me of God, Act. 14. 22.
That the whole houſe of Joſeph, that all the generation of men is not utterly conſumed is a great mercy, wee have cauſe to acknowledge it with thankfulneſs that there is a remnant yet left.
Now a through reformation, a turning from ſinne to God, a hating that which is evill, a loving that which is good, an eſtabliſhment of Juſtice may much prevaile with God to bee gracious to an afflicted remnant. Though the number of the Church be few, though Jacob bee ſmall, and Joſeph bee but a remnant, yet many promiſes are made to a remnant, Iſai. 10. 21. The remnant ſhall returne, even the remnant of Jacob unto the mighty God, Jeremiah 15. 11. The Lord ſaid, verily it ſhall bee well with thy remnant, verily I will cauſe the enemie to intreat thee well in the time of evill, and in the time of affliction, Ezek: 6. 8: Yet will I leave a remnant, that yee may have ſome that ſhall eſcape the ſword among the Nations, when yee ſhall bee ſcattered through the countries, Eph 3. 12, 13. I will alſo leave in the midſt of thee an afflicted and poore people, and they ſhall truſt in the name of the Lord. The remnant of Iſrael ſhall not doe iniquitie, nor ſpeak lies, n…ither ſhall a deceitfull tongue bee found in th…ir mouth: for they ſhall feed and lay downe and none ſhall make th…m afraid. Rom. 9. 27. Though the number of the children of Iſrael bee as the ſand of the ſea, a remnant ſhall be ſaved. And for the remnant we muſt pray, Iſay. 37. 4. It may be the Lord thy God will heare the words of Rabſhakeh, whom the King of Aſſyriah his maſter hath ſent to reproach the living God and will r…prove the words which the Lord thy God hath heard: wherefore lift up thy prayer for the remnant that is left, Jer. 31. 7. For thus ſaith the Lord, ſing with gladneſſe for Jacob, and ſhout among the chiefe of the Nations: publiſh yee, praiſe ye and ſay, O Lord, ſave thy people, the remnant of Iſrael. So then you may plainly diſcerne the ſumme and ſubſtance of theſe words. That which they drive at is to ingage people to a through reformation as the only means to pacifie an incenſed God. Iudgments fall round about us thick, and threefold: many have been numbred out to the ſword, many to famine and peſtilence: Let the remnant lay theſe things to heart: Let them humble themſelves, turne from the evill of their doings, ceaſe to doe evill, learne to doe well, execute judgment and Juſtice, and it may be God may turne againe and repent, and be gracious to the remnant of the houſe of Joſeph.
The words thus divided and opened, commend theſe principall Doctrine 1 Doctrines to your ſerious Practicall Obſervation: That ſinne alone ought to be the Object of our hatred and indignation: So ſaith the Pſalmiſt: Ye that love the Lord hate evill: Pſal. 97. 10. And the feare of God conſiſts in hating of evill. The feare of the Lord is to hate evill: Prov. 8. 13.pride, and arrogancie, and the evill way, and the froward mouth do I hate. You have a ſhort Catalogue of what things God hates in Prov. 6. 16. Theſe ſix things doth the Lord hate: yea ſeven things are an abomination to him, a proud looke, a lying tongue, and hands that ſhed innocent blood, a heart that deviſeth wicked imaginations; feet that be ſwift in running to miſchiefe: a falſe witneſſe that ſpeaketh lies, and him that ſoweth diſcord among brethren. Nay further whatſoever is ſinfull God hates: and where God hates we ſhould hate.
2. That which is good ought only to be the object of our love. It's a Doctrine 2 character of the wicked, Amos 3. 2. to hate the good, and love the evill. Holineſſe hath Gods Image ſtamped upon it, and we muſt love God's Image where ever we find it.
God requires publick eſtabliſhment of Juſtice in a Kingdome. It's ſaid in the gates where people went in and out: There miniſters of Iuſtice Doctrine 3 ſate and the eyes of the whole land were upon them, and in an eſpeciall manner the eyes of God. Iuſtice muſt not be diſpenſed in a ſcantling meaſure, here and there a drop: but judgm…nt muſt run down as waters, and righteouſneſſe as a mighty ſtreame, Amos 5. 24.
4. In that there is ſuch a connexion between theſe words, hate Doct. 4 Deut. 5. 17, 18, 19.the evill and doe good and eſtabliſh judgment, hence obſerve, In religious duties there is a ſacred concatenation and harmonie, It's obſerved that all the commands of the Decalogue are copulative. Thou ſhalt not kill; neither ſhalt thou commit adulterie: neither ſhalt thou ſteal…: neither ſhalt thou beare falſe witneſſe, &c. The ſame God that ingageth us to the obedience of one Command, doth not diſpenſe with us or give any exception for any other.
5. The people of God, his Joſephs may be reduced to a very ſmall remnant. So they were in the Babiloniſh captivitie; but 7000 that had Doct. 5 not bowed their knees to Baal, and whether all theſe were upright hearted is doubtfull: The primitive Chriſtians in times of perſecution were but a handfull, a deſpiſed remnant in the eyes of the world. And in the Arke which was a type of Chriſt there were but eight perſons, and Cham was one of them: In Chriſt's own familie but twelve and one of them a Judas.
6. Obſerve, That the reformation of a people, in hating evill and Doct. 6 loving good may prevaile with God to extend mercy and compaſſion towards them.
It ſhall ſuffice only to have named theſe unto you. It concernes mee to fix upon the eſtabliſhment of judgment, which the Text ſpecially points at; and the aſpect of, a Venerable Iudicature in preſence puts me in mind of that point of Doctrine which is genuine from the text and moſt ſeaſonable to the Auditorie. Thus I propound it to you. Doctrine.
That the faithfull execution of Juſtice in a land is a probable meanes to move God to extend mercy, compaſſion and deliverance to them.Method propounded.
In handling of this precious point I ſhall thus diſpoſe of my Method.
1. To give in a full proofe from Scripture aſſerting the truth.
2. Contribute ſome reaſons, confirming the ſame.
3. Repreſent the manner how juſtice muſt be executed. This ſhall be by way of Direction.
4. And fourthly conclude with a word of exhortation, and ſo preſſe cloſely the duty of the Text, the eſtabliſhment of Iuſtice, and 1. The Doctrine proved.this ſhall be my particular application.
I reſume what I firſt propounded, to aſſert the truth of the point. See Jer. 5. 1. Run ye to and fro in the ſtreets of Jeruſalem and ſee now and know and ſeek in the broad places thereof, if ye can find a man, if there be any that executeth judgment, that ſeeketh the truth, and I will pardon it. So Ier. 7. 5, 6, 7. for if you thorowly amend your waies and your doings, if you thoroughly execute judgment between a man and his n…ighbour; if ye oppreſſe not the ſtranger, the fatherleſſe, and the widow. and ſhed not innocent blood in this place: n…ither walke after other Gods to your hurt, then will I cauſe you to dwell in this place, in the land which I gave unto your fathers for ever and ever. So Iſaiah 1. 17, 18. Learne to doe well, ſeeke Juâgment, relieve the oppreſſed, judg the fatherleſſe, pl…ad for the widdow: come now and let us reaſon together, ſaith the Lord, though your ſins be as ſcarlet, they ſhall be as white as ſnow; though they be red as crimſon, they ſhall be as wool, Prov. 29. 4. The King by judgment …ſtabliſheth the land: but he that receiveth gifts overthroweth it. In theſe and ſundry other places God promiſeth a bleſſing upon the execution of juſtice.
Il'e ſingle out particular inſtances, that what's aſſerted may be cleared more evidently.
When Iſrael committed both ſpirituall and corporall whoredome with the daughters of Moab (for commonly they goe both together, the greateſt Idolaters, the greateſt whoremongers, witneſſe the Babyloniſh ſtrumpet at this day) Now nothing will appeaſe Gods incenſed wrath beſides the execution of juſtice upon the Idolaters. The Lord ſaid unto Moſes, take all the heads of the people, and hang them up before the Lord againſt the Sun, that the fierce anger of the Lord may Num. 25. 4. 5be turned away from Iſrael. And when Moſes and the congregation were conſulting, Phineas ſtands up and falls a doing Iuſtice: When Phineas the ſonne of Eleazar, the ſon of Aaron the prieſt ſaw it, he roſe up from among the congregation and tooke a javelin in his hand, and he went after the man of Iſrael into the tent, and thruſt both of them thorough, the man of Iſrael and the woman thorough her belly. So the Plague was ſtayed from the Children of Iſrael. Here's a patterne of ſingular zeale, a man of heroicall courage, all ſteele to the back. Compare this with Pſal. 106. 30. Then ſtood up Phineas and executed judgment and ſo the Plague was ſtayed. And you may read the ample reward, Numb. 25. 10, 11, 12. The Lord ſpake unto Moſes ſaying, Phineas the ſonne of Eleazar hath turned away my wrath from the Children of Iſrael, (while he was zealous for my ſake among them) that I conſumed them not in my jelouſie; wherefore ſay, behold I give unto him my covenant of peace. Moſes likewiſe was a man of the ſame ſtamp; Though in his own cauſe the meekeſt: yet a man of invincible courage in the cauſe of God. When he was in the mount, Aaron makes them a golden calfe; the people commit Idolatrie with it: the Lord is highly incenſed, Moſes intercedes for them, Exodus 3. 11. Moſes beſought the Lord his God, and ſaid, why doth thy wrath wax hot againſt thy people, which thou h…ſt brought forth out of the Land of Aegipt, with great power and with a mightie hand? He brake the tables verſ. 19. as ſo…ne as he came nigh unto the Camp that he ſaw the calfe and the dancing, his anger waxed hot and he caſt the Tables out of his hands and brake th…m beneath the mount. He burnes the calfe to powd…r, ſtrewes it up…n the water and makes the Children of Iſrael to drink of it, verſ. 20. executes judgment. verſ. 26, 27, 28. Who is on the Lords ſide? let him come unto me. And all the Sons of Levi gathered themſelves unto him, and he ſaid unto them, put every man his ſword by his ſide and goe in and out from gate to gate thorowout the camp, and ſlay every man his brother and every man his companion, and every man his neighbour. And the Children of Levi did accordingly. Compare this with Pſal. 106. 23. Therefore he ſaid that he would deſtroy them had not Moſes his choſen ſtood before him in the brach, &c. Whilſt the camp was peſtered with an Achan, Iſrael could not ſtand before their enemies. But as ſoon as Achan was executed, the valley of Achor became a doore of hope, Hoſ. 2. 14. As long as Jonah was in the ſhip the ſtorme continued: but as ſoone as he was caſt over ſhipbord there was a great calme, Jonah. 1. 15. Agag was hewed in pieces by Samuel. Baals prophets were ſlain by Elijah. Thus David executed judgment upon the Gib…onites enemies retaliating their miſchiefes upon their own pates, 2 Sam. 21. 1, 6, 9. There was a famine in the dayes of David for three yeares, and David enquired of the Lord. And the Lord anſwered, it is for Saul; and for his bloody houſe, becauſe he ſlew the Gibeonites. verſ. 6. Let ſeven men of his ſons be delivered unto us and we will hang them up unto the Lord in Gibeah of Saul, whom the Lord did chuſe. And the King ſaid, I will give them. verſ. 9. And he delivered them into the hands of the Gibeonites and they hanged them in the hill before the Lord. And ſee the good ſucceſſe verſ. 14. And the bones of Saul and Jonathan his ſonn… buried they in the countrey of Benjamin in Zelah, in the Sepulchre of Kiſh his Father, and they performed all that the King commanded, and after that God was intreated for the Land. You ſee how juſt David was in executing juſtice upon thoſe that ſlew his enemies, 2 Sam. 1. 15. David cald one of the young men and ſaid, go neer and fall upon him. And he ſmote him, that he died. So 2 Sam. 4. 12. he commanded his young men, and they ſlew them and cut off their hands and their feet, and hanged them up in the poole of Hebron. Amaziah ſlew thoſe that ſlow his Father Ioaſh, 2 Kings 14. 5, 6. The people of the Land ſlew thoſe that conſpired againſt Amon, 2 Kings 21. 24.
I might produce for illuſtration many examples out of humane Authours, as that of Zeleucus to his ſonne in putting out his eye for Adulterie, and ſuch like: But I will not light a candle to the ſun. I keep cloſe to Scripture proofes, I need not range in any other f…elds.
In the ſecond place, Ile give in ſome Scripture Reaſons for confirmation of the point.2. Reaſ. 1. From the excellency of juſtice.
The ſirſt reaſon ſhall be drawn from the excellencie of Iuſtice. And this will appeare in theſe particular reſpects.
It derives its Originall from God. Iuſtice is a communicable Attribute flowing from the fountaine to the ſtreams, and government which is that maſter-wheel to ſet the motions of Iuſtice in due order receives prime honour and excellencie from divine Inſtitution. By me Kings raigne, and princes decree juſtice; by me Princes rule, and nobles, even all the Judges of the earth, Prov. 1. 15. 16. There's a jus divinum to warrant your honourable calling.
Iuſtice is excellent in reſpect of that incomparable ſuperexcellent price paid to make ſatisfaction to it and that was the blood of Ieſus Chriſt. It's true, that mercy is God's delight, It's above all his workes: mercy is ſwift pac'd; Iuſtice is ſlow pac'd, its chariot wheels drive heavilie. God was walking in the garden, when he went to paſſe ſentence on Adam: But he ranne to meet the Prodigall: here's a walking in point of judgment: but a running in point of mercy. Yet notwithſtanding Iuſtice will be no looſer. Mercy, Iuſtice, power, goodneſſe, obiquitie, &c. are diverſly according to our capacities apprehended by us: yet they are all one in God. As God is mercifull: ſo he is juſt: Iuſtice muſt be ſatisfied per ſe aut per alium. Per ſe no man can, it muſt be done per alium, by a ſuretie. See Zech. 13. 7. Awake, O ſword, againſt my ſhephard, and againſt the man that is my fellow, ſaith the Lord of hoſts, ſmite the ſheph…ard, and the ſheep ſhall be ſcattered, and I will turne mine hand upon the little ones. No leſſe price was paid to ſatisfie Divine juſtice then the effuſion of the precious blood of the ſonne of God, one drop whereof is of infinite dignitie, price and value.
The excellencie of Iuſtice appeares in reſpect of its excellent effects and operations. Iuſtice is the baſis and ſupporter of the ſtate. Le… eſt corporis Politici nervus. The great body of ſtates would be paralitick and in a paroxiſme, and there would be a diſſolution of the continuum, if the ſinewes of Juſtice ſhould faile. To juſtice under God we owe our lives, liberties, lively-hoods. We could not ſleep quietly in our beds for feare of maſſacres and robberies, if lawes were not in force and the current of Iuſtice ſhould be damnd up. Iuſtice may be compared to the ſtakes of a ſtrong hedge to keepe it from falling. And a Iudg is a quick-ſet-hedg to keep off incurſions into anothers Peculiar. Iuſtice is the preſerver of meum & tuum. It's the life of our ſocietie, the bulwarke and buttreſſe of our ſafetie; the fort-royall and ſtrength of our Garriſons. Should juſtice ceaſe, and there ſhould be no reprover in the gate, we ſhould be reſolved into an Anarchy, a Chaos, a confuſion, and deſtruction. We ſhould be foreign homo homini lupus, nay, homo homini Daemon. By the execution of Iuſtice, Government, Magiſtracie, Iudicatures, thoſe ſtrong walls of a Kingdome remaine impregnable. Religion, learning, trades, traffiques, lawes, arts and ſcien…ss thrive and ſhelter themſelves under the wings of government, executing Judgment and juſtice.Reaſ. 2. From the Neceſſity of eſtabliſhing juſtice
The ſecond reaſon ſhall be drawn from the apparent neceſſitie of eſtabliſhing judgment and juſtice. The neceſſitie is indiſpenſible, whether there be conſidered Neceſſitas Paecepti vel Medii.
For the firſt … how frequently doth the Lord call for execution of Iuſtice? It's that which muſt be ſought after, Iſay 1. 17. Learne to do well: ſeek judgment: relieve the oppreſſed; judg the fatherleſſe: plead for the widdow. It muſt be kept: Iſay 56. 1. Thus ſaith the Lord: Keep ye judgment and dot juſtice: for my ſalvation is neere to come, and my righteouſneſſe to be revealed. It muſt not be executed as a malefactour, thats a perſecution, not execution. Iuſtice is executed upon delinquents, not upon it ſelfe, Zech. 7. 9. Thus ſpeaketh the Lord of Hoſts, ſaying: execute true judgment, and ſhew mercy and compaſſion every man to his brother. So Zech. 8. 16. Theſe are the things that ye ſhall do; ſpeak ye every man the truth to his neighbour; executo the judgment of truth and peace in your gates. Its promiſed as a mercy, Iſay 28. 6. And for a ſpirit of Judgment to him that ſitteth in judgment; and for ſtrength to them that turne the battell to …g…te. Its an argument of Gods love to a people, I Kings 10. 9. Bleſſed be the Lord thy God which delighteth in thee to ſet thee on the Throne of Iſrael; becauſe the Lord loved Iſrael for ever: therefore made he thee King to doe judgment and juſtice. It's that which hath God's approbation, Micah. 6. 8. He hath ſhewed thee, O man, what is good; and what doth the Lord require of thee, but to doe juſtly and love mercy and to walke humbly with thy God? Its that which God loveth, Pſal. 33. 5. He loveth righteouſneſſe and judgment: the earth is full of the goodneſſe of the Lord. It's that which in an eſpeciall manner God commands, Deut. 16. 18. Judges and Officers ſhalt thou make thee in all thy gates which the Lord thy God giveth thee thorowout thy tribes; and they ſhall judge the people with juſt Judgment. There's another jus divirum for your authoritie. And Juſtice is that which God rewards, Iſai. 33. 15. 16. He that walketh righteouſly and ſpeaketh uprightly, he that deſpiſeth the gaine of oppreſſions, and ſhaketh his hands from holding of bribes, that ſtoppeth his eares from hearing of blood, and ſhutteth his eyes from ſeeing of evill; he ſhall dwell on high; his place of defence ſhall be the munitions of rocks; bread ſhall be given him; his water ſhall be ſure. So Jer. 22. 15. ſhalt thou raigne becauſe thou cloatheſt thy ſelfe in C…dar? did not thy Father eat and drink, and do judgment and juſtice, and then it was well with him?
Juſtice is neceſſary, neceſſitate medii. A godly Magiſtrate diſpenſing juſtice and judgment reconciles meum & tuum, thoſe two wrangling pronounes, which are thoſe Phaetons and grand incendiaries that ſet the whole world in a combuſtion. Terminus was ſo much ſet by among the Romans that they paid homage to it tanquam Numini tutolari: Without any tang of or compliance with their Idolatry, we may ſafely ſay, that the law is the Boundary of a commonwealth. Its a good ſence or mound to keep off beaſts of pr…y from making inrodes into my Severall. It's a good ſcrene to keep off the ſcorchings of firy ſpirits, who Salamander like live in the fire of contention. It's a ſtrong bulwarke to deſend a mans right from ſurprizall by violent enemies, who lay ſeige and make batteries againſt it. The law is Terminus diſtingens, conſervans, pacificans.
The Law is Terminus diſtinguens. It diſtinguiſheth one mans proprietie from anothers: all would become common (as ſome Anabaptiſticall ſpirits would have it) and no Proprietie in goods; no man could ſay that any thing he poſſeſſeth were his own, were it not for the Law. Now the Law appropriates to every one his right. Its a good mark-ſtone, to ſet bounds, ſo far reacheth, ſuch and ſuch a mans right and no further. It prevents all incro…chments, and injuries; otherwiſe the ſtrongeſt (though without right) would take all.
The Law is Terminus Conſervans. It preſerves men in their right, that ſo one man may not incroach upon another. Were it not for 2. The Law is T…rminus Conſervans.the Law the Poore mans Acres would be ſoone impaled in his Lords Parke, becauſe of it's vicinity.—Inde datae leges, ne fortior omnia poſſet. And hereupon a Philoſopher was wont to ſay, Cives non minus oportet pugnare pro legibus quam pro maeniis. We muſt fight for our Lawes rather then for our walls: for it's poſſible for a cittie to be ſafe without walls: but not without Lawes.3. The Law is Terminus Pacificans.
The Law is Terminus pacificans, that which prevents controverſies and preſerves peace. Next to our religion we ſhould ſtand for the fundamentall lawes of our Nation. Warre is occaſioned for the breach of Lawes. The Parliament of England, I am perſwaded, (as may appeare from their writings) had never drawn the ſword at firſt, were it not for the defence of Religion and the Lawes of the Kingdome, (which they ſolemnly covenanted to maintaine) which were trampled under foot by a Malignant party. Now peace ſhould be in the eye of them that goe to law, whom the weightineſſe of the matter conſtraines to ſuch a remedie; though it ſadly and frequently fall out, Quod primum in intentione eſt ultimum in executione.Reaſ. 3. From the Miſchiefe of Injuſtice.
The third and laſt reaſon ſhall be Cauſa à contrario, drawn from the miſchiefe of injuſtice and the ſad conſequences thereof. Contraries (we ſay) illuſtrate one another: And of contraries there are contrary conſequences. As where Government flouriſheth, and good lawes are put in execution, there's Terminus diſtingu…ns, conſervans, pacificans, mens proprieties are diſtinguiſhed, preſerved, and peaceably injoyed: So on the contrarie, where's Anarchy and licentiouſneſſe, every mans humour is his Law; Quod libet, licet, Theres no bound ſet to diſtinguiſh and ſegregate between mine and thine, no ſafetie, no peaceable injoying of any thing As ſoone as the Hedg of the Law is broken down and the bounds removed, the common-wealth proves like a Forreſt, wherein wild beaſts of prey devoure one another; the ſtronger the weaker, or like a great Fiſh pond, where the great fiſhes devoure the leſſer. If the Law help not, might will prevaile above right: and people will be trampled under feet by Tyrants who like thoſe bluſtring ancient Giants made people to fall before them. For want of Magiſtracy you read the lamentable Cataſtrophe of the people of Laiſh, Judg. 18. 7, 27. Then the five men departed and came to Laiſh, and ſaw the people that were therein how they dwelt careleſs, after the manner of the Zidonians, quiet, and ſecure, and there was no Magiſtrate in the Land that might put them to ſhame in any thing, ver. 27. And they came unto Laiſh, unto a people that were ſecure, and they ſmote them with the edge of the ſword, and burnt the City with fire. You read of the Children of Dan's robbing Micha, and he durſt not ſpeak for fear that angry fellows ſhould fall upon him. You read of the men of Gibeah's horrible abuſe towards the Levites Concubine: And the Spirit of God remindes us of one and the ſelf-ſame reaſon, in Judg. 19. 1. It came to paſs in thoſe days when there was no King in Iſrael, that there was a certain Levite ſojourning on the ſide of mount Ephraim, who took unto him a concubine, one of Beth-lehem Judah, Judg. 21. 25. In thoſe days there was no King in Iſrael, every man did that which was right in his own eyes: The want of Magiſtracy occaſioned all thoſe Outrages.
But I proceed to the third Head propounded; How muſt Juſtice 3 Head. How muſt Juſtice be executed.be executed?
Two things I intend to open to you.
1. What manner of perſon he muſt be, & how qualified, that executeth Judgements:
2. What manner and what rules a Judge ought to obſerve in execution of Juſtice.
If you inquire, How muſt a Judge be qualified? The Scripture 1. How muſt a Judge be qualified.leaves many Examples upon Record; ſome to avoid, others to follow: Samuel's Sons took bribes, and perverted Judgement, 1 Sam. 8. 3. Corrupt Judges ſwim through Pactolus, and land at the back ſtairs, as if they had the yellow Jaundice in their eyes, Gold being ſo much in their ſight: Juſtice may neither be bought nor ſold. Gallio was a careleſs Judge, let all ſink or ſwim he's indifferent. The unjuſt Judge would do nothing without importunity, ſomething at laſt he did through multitudes of importunate ſollicitations, not out of reſpect to Juſtice, but his own eaſe: He would not be wearied with too many ſupplications for Juſtice. Pilate condemned Chriſt againſt his conſcience, to pleaſe the People, and to be accounted Caeſars friend: Such a Judge you ought not to be. But what a one a good Iudge ſhould be, let him have an eye unto Davids practice, Pſal. 101. 8: I will early deſtroy all the wicked of the land, that I may cut off all wicked doers from the city of the Lord: A Iudge ſhould have reſpect unto Samuels appeal to the people, 1 Sam. 12. 3. Behold, here I am, witneſs againſt me before the Lord, & b…fore his anointed: whoſe Ox have I taken? or whoſe aſs have I taken? or whom have I defrauded? whom have I oppreſſed? or of whoſe hand have I received any bribe to blinde mine eyes therewith and I will reſtore it you? It was Jobs Character, Iob 29. 14, 15, 16, 17. I put on righteouſneſs, and it cloathed me: my Iudgement was as a Robe and a Diadem. I was eyes to the blinde, and feet was I to the lame: I was a father to the poor; and the cauſe which I knew not, I ſearched out. And I brake the jaws of the wick…d, and pluckt the ſpoil out of his teeth. Such you muſt be as Jethro chargeth you: And becauſe his counſel was the Archetypum or firſt draught of Magiſtracy, for a well ordered Body Politick; this inſtar omnium I ſhall propoſe for an exact pattern for your imitation, Exod. 18. 21, 22. Moreover thou ſhalt provide out of all the people able men, ſuch as fear God, men of truth, hating covetouſneſs, and place ſuch over them, to be rulers of thouſands, and rulers of hundreds, rulers of fifties, and rulers of tens: and let them judge the people at all ſeaſons, and it ſhall be that every great matter they ſhall bring unto thee: but every ſmall matter they ſhall judge; ſo ſhall it be eaſier for thy ſelf, and they ſhall bear the burthen with thee.
He muſt be an able man: 1. He muſt firſt be a man of judgement Qualif. I. A Judge muſt be an able Man.and underſtanding, well skilled in the Laws: He muſt have a ſpirit of diſcerning, to diſcern between right and wrong. Judges paſs many years ſtudy at Inns of Court before they come to this promotion: They muſt be men of mature age and ſolid parts, Learned, Grave, and Judicious
2. He muſt be able in reſpect of moderation and equanimity; able to ſubdue and get the maſtery of his own paſſions, not ſuffering his affections to pervert judgement. Hercules Club, they ſay, was made of Olive Wood: There muſt be foreign and foreign in a Judge, he muſt be willing to bear and forbear the ruſticity and homely delivery of Evidences from illiterate people, and ſtoop to the capacity of the meaneſt Countrey-man who comes for Iuſtice.
3. A Iudge muſt be able in reſpect of courage: Iudges are to turn the Wheel over the Wicked, they are to encounter with Beaſts of Epheſus; they muſt be of ſuch a Lion-like ſpirit, as to pluck the prey out of the Lions mouth: Hereupon it's conceived that Judah, the Law-giving Tribe, had the Lion couchant ſitting by the prey for its Scutcheon: The Lion couchant is not afraid of any Reſ…uer. This likewiſe was ſymboliz'd in the ſteps of Solomons Throne adorned with Lions. A Judge muſt grapple with the Hydra of ſin, and oppoſe the Current of Times and Torrent of Vice; he muſt be of a reſolved courage with Eſther, If I periſh I periſh; and with Luther when he went to Wormes, If every tile was a Devil, yet he would goe to Wormes and preach Chriſt. Come what will come, a good Judge accounts this Maxime like the Law of the Medes and Perſians, Fiat juſtitia, ruat coelum.
The ſecond Qualification of a Iudge is, He muſt be a man fearing Qualif. 2. A Judge muſt be a man …ea… ing God.God, 2 Sam. 23. 3. The God of Iſrael ſaid, the Rock of Iſrael ſpake unto me; he that ruleth over men muſt be juſt, ruling in the fear of God. Only a godly man is fit to be a Iudge, though I abhor that Anabaptiſtical Opinion Dominium temporale fundatur in gratiâ: yet I am aſſured that the fear of God planted in the heart of a Iudge, moves him to judge righteous judgement: This ſerves him as a compaſs to ſteer his actions by: And when he is tempted to pervert Iuſtice by great mens Letters, he ſets Joſephs reſolution before him as a continual Monitor, How ſhall I do this great wickedneſs and ſin againſt God? He will neither be threatned nor intreated, nor Courted, nor Complemented, nor Flattered, nor Over-awed to wound his Conſcience by perverting Iuſtice: This, this it is, even the fear of God that will beautiſi… the ſoul of a Iudge. The Iudges Scarlet Robes puts a glory and luſtre upon the Beholders eyes; but Divine Graces make him more glorious within. Such a Cloathing is of wrought Gold: If the fear of God be wanting, in a very ſhort time judgement will be turned into gall, and the fruit of righteouſneſs into hemlock: Wiſdom will degenerate into craft and ſubtilty; Power into private revenge; Valour and Courage into violence and peremptory obſtinacy. Now the fear of God will ſet all right; if this be in the heart, it will ſet all right in the practice of the life.
3. A Iudge muſt be a man of truth: A true-hearted Nathaniel; Qualif. …. A Judge muſt be a man of tru…,no Machivilian, nor Ieſuitical Politician: He muſt be a plain-hearted man: His heart muſt dictate to his tongue, and the Spirit of God dictate to his heart: He is ſuch a Prudent Man, that his Heart addeth Learning to his Lips, Prov. 16. 23. The heart of the wiſe teacheth his mouth, and addeth learning to his lips: He's a Man of Integrity; he ſpeaks truth, loves truth, and ſearcheth every Thicket, and ſifteth the matter to the bottom to finde out the truth: and it's his care to keep men of truth about him, even ſuch ſervants as are perſons of integrity, Pſalm. 101. 7. He that worketh deceit ſhall not dwell in my houſe: he that telleth lies ſhall not tarry in my ſight.
4. A Iudge muſt be a man hating covetouſneſs. Covetouſneſs is Qualif. 4.the mother of Oppreſſion: Bribes blinde his eyes, he dares not meddle with them: Bribes are pitch, he dares not touch them, leſt he be defiled: He's afraid that his hands will wither, therefore he ſhakes his hands of them: He's afraid that they will prove like Equus Sejanus, or aurum Tholoſſanum, a Moth, a Canker to conſume the reſt of his ſubſtance, Job 15. 34. The c…ngregation of hypocrites ſhall be deſolate, and fire ſhall conſume the Tabernacles of Bribery. Corrupt Iudges are Icterici, they (as was before hinted) cannot ſee aright: But an upright Iudge ſeeth clearly, he waſheth his heart and his hands both: He dares not take a Bribe in a private Chamber, he fears leſt the Timber and Stones may cry out againſt him: When he comethon the Bench he fixeth his eye, neither before him on the perſon, nor about him on the Beholders, nor behind him for Bribes; but he looks upward towards God, remembring that he who ſits now to judge others, ſhall himſelf be judged at a higher Tribunal by the impartial Iudge of Heaven and Earth, and there give an exact account of all his proceedings.
Thus (Right Honorable) you have the Glaſs of J…thro ſet before you, wherein you may behold your own face: You have heard what manner of Perſons you ought to be, who undertake this weighty Calling.
2. In the next place give me leave to ſet down the Rules which 2.you ought to obſerve in execution of Iuſtice. You muſt execute judgement ſpeedily, yet deliberately, impartially, according to truth, regularly and compaſſionately.
Iuſtice muſt be executed ſpeedily: Such a charge we read, Ezra Rule. 1. Juſtice muſt be executed ſpeedily.7. 26. Who will not do the Law of God, and the Law of the King, let judgement be executed ſpeedily upon him, whether it be to Death, to Baniſhment, or to Conſiſcation of Goods, or to Impriſonment. Engliſh delays (as ſome have obſerved) are worſe then Spaniſh Strappado's: Let not the poor Client be tired out by tedious attendances, toſſed up and down (and never a whit the nearer) from Court to Court, but let his buſineſs be diſpatch'd with all convenient expedition. Unconſcionable Lawyers deal like unconſcionable Chyrurgions, who keep the Wound long in Cure for their own advantage. Non miſſura cutem niſi plena cruoris hirudo. You that are Lawyers, doe not ſnarle and intangle a cauſe and ſo bring it into Mazes and Labyrinthes, but with what facility and expedition may bee, let the controverſie bee decided. Bernards counſell to Eugenius may bee a good motto for the Councellour at Law: Fruſtratorias & vexatorias praecide dilationes. By unneceſſarie delayes and tedious ſuites many are ſerved by Lawyers, as the poore woman, mentioned in the Goſpel was ſerved by Phyſitians. They left her uncured of her diſeaſe and poverty Mark. 5. 26.to boote. I have read of a Chancellour of England who in a fore-noone diſpatch't all the cauſes brought before him, and hee askt whether there were any other cauſes, and they anſwered, no. I wiſh Law ſuits (eſpecially Chancery ſuits) were ended with more expedition, leſt by reaſon of tedious waiting, the remedy ofttimes proves worſe than the diſeaſe.
But ſecondly, Juſtice muſt notwithſtanding be executed deliberately. Rule. 2. Juſtice muſt be executed deliberately.It muſt not be delayed on the one ſide, nor raſhly determined on the other ſide. It muſt be performed with mature advice and deliberation. There's Pondus Cauſae & Pondus Legis to be taken in to ferious conſideration. Juſtitia licet ſit coeca exequendo, tamen …culata dijudicando. A Judge muſt not be Vir Ten…dius (as Lycophron mentions) nor muſt his inſtrument of Juſtice be Tenedia bipennis: making (as our Proverbe is) more haſte then good ſpeed.—Nulla unquam de morte hominis cunctatio longa. If there be an Acre of ground, an Oxe or an Horſe in queſtion, Oh! what adoe is there to get an ableſufficient Jury? And ſurely the life of a man is more precious. Can Ignoramuſses ſerve for life and death? You that are concerned herein ſeek for ſufficient men, men of conſcience and underſtanding, take not up men that can neither write nor read, who muſt take all upon truſt. Judgement on life and death is a ſerious worke, and requires prudence and deliberation. Joh. 7. 51. Doth our Law judge any man before it heare him and know what he doth? foreign goes before foreign and foreign before foreign: your Commiſſion is of Oy…r and Terminer: Firſt you are to heare before you determine. Job ſearched out the cauſe which he knew not. Job. 26. 19. There muſt be a ſerious inquiſition after the truth. The greateſt paines is little enough for the inveſtigation of the truth, and the right adminiſtration of Juſtice.
Juſtice muſt be executed impartially. Levi muſt know neither Rule. 3. Juſtice muſt be executed impartially.father nor mother. Amicus Plato, amicus Socrates, ſed magis amica Veritas. A Judge he muſtnot pervert Juſtice to pleaſure my Lord or my Lady, mine antient friend and acquaintance. Threats, flatteries, gold or ſilver may not turne him one jot out of the Bias of Juſtice. It's ſaid of Fabricius, That the Sun might ſooner be turned out of it's courſe, then he out of the courſe of Juſtice. Neither doth a juſt Judge favour a poore man in an unrighteous cauſe. Exod. 23. 3. Neither ſhalt thou countenance a poore man in his cauſe. He dares not judge for popular applauſe, to get himſelfe a name, to be the poore mans Advocate, and ſo ſwerve from the rules of Juſtice. A juſt Judge will frequently and ſeriouſly catechiſe his owne conſcience, and aske this queſtion; how ſhall I anſwer this great Iudgement before the great Judge of heaven and earth? How ſhall I anſwer that charge, Levit. 19. 15. Yee ſhall do no unrighteouſneſse in judgement: thou ſhalt not reſpect the perſon of the poore, nor honour the perſon of the mighty: but in righteouſneſse ſhalt thou judge thy neighbour. It was a gallant ſpeech of Worthy Mr Pym, a renowned and true hearted Patriot of his Countrey. See Mr Marſhals Sermon at his ſunerall.Such a one indeed is my good Friend, but I will never pay my private d…bts out of the publicke ſtocke.
Iuſtice muſt be executed according to truth. Truth is of ſuch an Rule 4. Juſtice muſt be executed according to truth.invaluable price, as we muſt buy it at any rate, Prov. 22. 23. There's an heavy charge, Iſ. 59. 4. None calleth for juſtice, nor any pleadeth for truth, they truſt in vanity and ſpeake lies, they conceive miſchiefe, and bring forth Iniquity, v. 14. And judgement is turned away backward, and juſtice ſtandeth a farre off: for truth is fallen in the ſtreet, and equity cannot enter. You call your Iury good men and true, (I heartily wiſh they were all ſo) and the witneſſes muſt be men of truth. The ninth Commandement forbids falſe-witneſſe-bearing. Falſe witneſſe was ſo abominable among the purblind Heathen that the Law of the 12. Tables ordered, That if any bore falſe witneſſe, he ſhould See Beards Theater of God's Judgments.be tumbled downe the Tarpeian rocke. Many fearſull judgements have overtaken perjured perſons. They are upon record in diverſe writers, and others are ſufficiently knowne by experimentall Knowledge, even in our dayes. Be ſure, you that give evidence, that you keepe your oath to ſweare the truth, the whole truth, and nothing but the truth.
Iuſtice muſt be executed regularly. Neither paſſion, nor prejudice, Rule 5. Juſtice muſt be executed regularly.nor friendſhip, nor gifts, may rule, nor any unknowne arbitrary Law. There's a Buoy in maritime Lawes to give warning of an Anchour. There's a Pole-ſtarre to direct the Pilot. And the Law of God and of the Land, in ſubordination thereunto, muſt rule. The Law of God is the Archetypum. All other Lawes are but Tranſcripts, An able Iudge is well-skill'd in the Law of God, he hath a copy of it before him. So he is charged, Joſh. 1. 7. OnelyOnly be thou ſtrong and very couragious, that thou mayeſt obſerve to doe according to all the Law which Moſes my ſervant commanded thee: turne not from it to the right hand or to the left, that thou mayeſt proſper whereſoever thou go…ſt. And he's well skill'd in the Lawes of the Land; he needs not the Tutoring of a Clerke; he feares no contradiction of By-ſtanders, to ſay, This is againſt Law. We read, Eſth. 1. 15. What ſhall we doe unto the Queene Vaſti according to Law, becauſe ſhe hath not performed the commandement of the King Ahaſuerus by the Chamberlaines. So that hence it is evident, that the Law is the rule of Iudicature. Both ſides are allowed a faire hearing. None may be praejudged and condemned without hearing. Thus many laid the charge as a terrible Tyranny on Richard the 2d, who firſt hang'd men and afterwards proceeded in a tryall againſt them. Qui ſtatuit aliquid parte inaudita altera aequum licet ſtatuerit haud aequus fierit. Iudgment is to bee given, ſecundum allegata & probata. And this is a regular adminiſtration of juſtice.
6ly, and laſtly, Iuſtice muſt be executed compaſſionately. Rule 6. Juſtice muſt be executed compaſſionately.Iudges were uſually Fathers and ſo more likely to ſhew compaſſion. A Iudges Motto is, Peccata interficio, hominem amplector King Edward the ſixth wept when hee gave his conſent to put Joane Butcher to death, though ſhee highly deſerved it, as being one ofthe worſt of Haereticks. An ingenuous ſpirit relents with teares, Ille dolet qu…ties cogitur eſſe ferox. Iudgment muſt bee given with abundance of humanitie and commiſeration.
And now (Right Honorable, and the reſt beloved in the Lord Ieſus) give me leave for a cloſe of the whole to apply all in a word of exhortation. Let mee divide to every one his portion. You that ſit in Iudgment remember the text. Eſtabliſh judgment, Ʋſe for exhortation.&c. Conſider your Authority, in what an eminent place you are ſet, lay out your dignity to doe God and your Countrey good ſervice. You are a Beacon ſet upon a Hill, the whole country gazeth upon you. There are many eyes upon you, and if you ſwerve from the rule of Iuſtice; the people will ſerve you as the Levite ſerved his Concubine; they will quarter your faults and ſend them up and down the Kingdome, with a was it ever thus? I commend Jehoſhaphats counſell to your ſerious conſideration, 2 Chron: 19. 6. 7. Hee ſaid to the Judges, Take heed what you doe: for yee judge not for man, but for the Lord, who is with you in the judgment; wherefore let the feare of the Lord bee upon you, take heed and doe it: for there is no Iniquity with the Lord our God, nor reſpect of perſons, nor taking of gifts. You are ſummoned and have a charge given you by the ſpirit of God, Pſal. 2: 10. Bee wiſe now therefore yee Kinges: and bee inſtructed yee Judges of the earth. You have the name Elohim, Pſal. 82. 6. I have ſaid yee are Gods, and all of you are children of the moſt high. Doe you as God would doe. Hee would relieve the oppreſſed, acquit the innocent, condemne the nocent, ſtand for the poore man in a righteous cauſe. Hee would have Achans, Zimri…s, Coſbies, Blaſphemers, Murderers, Idolaters, Adulterers puniſhed. Remember (I humbly entreat you) that Iuſtice is God's Legacy and you are Executours and Adminiſtratours thereof; be carefull to have the will of God performed. I beſeech your patience in a few humble requeſts which I ſhall make unto you before I conclude.
I intreat you for poore Priſoners, for their ſoules and bodies. For To the Judges.their ſoules that they may have ſome to teach them the Knowledge of God. And for their bodies that they may not bee ſtarved in priſon, & lye in a pit, wherein is no water. Priſons are oft times Nurſeries of all wickedneſs: and that which is a place of reſtraint is imployed in all manner of licentious outrage: ſo that none are more vile, and wicked than Iaylours and their Priſoners.
2. I intreat you to incourage the faithfull miniſtry of the Kingdome. As for Baals or Bacchus Prieſts that make God's ſacrifice to be abhorred, I wiſh an Oſtraciſme to them, a tumbling out of their places, (if they evidence not ſignall Repentance) I plead only for men pious, orthodox, learned, help them to bread, help them to bookes. If the nurſe bee ſtarved, the child will bee ſtarved. Help them to encounter with the mighty, who refuſe to pay them their dues, becauſe they dare not give the Sacrament to them that are Scandalous, when as many times ſuch as they refuſe are fitter to go a grazing with Nebucadnezzar amongſt the beaſts of the field. Becauſe ſome Conſcientious miniſters have refuſed to give the Sacrament to drunkards, ſwearers and adulterers, ſome have detained their maintenance from them.
3. I have a word to ſpeake in behalfe of this Univerſity. I ſpeak to a Perſon of learning, my argument is, maintaine that (my Lord) which maintaines you. Wee deſire no Prelaticall Pompe or domination, but only our juſt rights and priviledges, that Religion and learning may be countenanced by your Authority.
4. I have a word to ſpeak for the Town. I beſeech you ſubdue the Ale-houſes, the Nurſeries of the Divell. Ther's a good expedient and a pious worke begun very lately, a work-houſe and ſome poore are ſet to worke in it. I humbly crave your incouragement, and counſell that it may not be cruſht in the Bud, nor ſinke for want of your aſſiſtance.
And you the honourable Bench, the Iuſtices of the County. I beſeech To the …ono… ble bench.you to lay forth all your Intereſts to promote the Kingdome of Ieſus Chriſt. Labour to bee as ſo many inſtrumentall Saviours for your Countrey: puniſh ſwearing and blaſphemies. There is an Act in the beginning of Q. Eliz: that ſuch as maintained Hereſies condemned by the foure Generall Counſels ſhould be burnt to aſhes You have a late Ordinance of Parliament for your warrant, nay rather the Ordinance of God, Levit. 24. 16. Hee that blaſphemeth the name of the Lord, h…e ſhall ſurely bee put to death, and all the congregation ſhall certainly ſtone him; as well the ſtranger, as hee that is borne in the land, when hee blaſphemeth the name of the Lord, ſhall bee put to death. Try your skill, and put forth your skill to ſubdue the lewd Alehouſes. Mr Bolton ſaid in an Aſſiſe ſermon, that it was eaſier to take Dunkirke than put down an Ale-houſe. Dunkirke was not long ſince taken; would the Ale-houſes were put downe. You muſt ſeare theſe Hydras, elſe new heads will ſpring up. Give not any juſt cauſe to any to complaine that the Juſtice ſweares himſelfe, and will not puniſh ſwearing; that the Juſtice is a good fellow himſelfe and will not puniſh drunkenneſs. I hope better things of you. Purge your families; keep no ſwearers, drunkards, adulterers, ſabath-breakers within your roofe. Give them not harbour for ſecular Intereſt, but reſolve that if they will not ſerve God, let them not ſerve you, according to Joſhuas practice, chap. 24. 15. If it ſeeme evill unto you to ſerve the Lord, chuſe you this day whom you will ſerve, whether the God's which your fathers ſerved, that were on the other ſide of the flood, or the Gods of the Amorites, in whoſe land yee dwell: but as for mee and my houſe wee will ſerve the Lord. Set the 101 Pſ. as a juſt ſtandard & rule to go by. TheMaxime of Conſtantius was, He cannot be faithfull unto mee, that is unfaithfull unto God. Remember the National Covenant taken in a day of diſtreſs, for which there will bee a day of account; to goe before each other in a reall example of reformation. That Covenant is not an Almanack out of date, but obligeth us (as the Tenour runs) all the dayes of our life.
You the learned, Lawyers I have a word to ſay to you.To the Lawyers.
Doe not patronize unrighteous cauſes. Set not your tongues to ſale, to bolſter a bad cauſe. See Iſai. 5. 20. Woe unto them that call evill good, and good evill, and put darkneſs for light, and light for darkneſs, that put bitter for ſweet, and ſweet for bitter. Doe not wiredraw Clients ſuites. Doe not ſnarle and intangle a cauſe with needleſs perplexities to tire out the poore Client with tedious attendances. Take heed likewiſe of baſe mercenarie ſilence, when the right of the cauſe and juſt ingagements require you to ſpeak. Tamper not about ſecular buſineſs on the Lord's day: Verbum ſapientibus: abundans cautela non nocet.
You the grand Inqueſt, let mee bee a remembrancer of your To the Grand-Inqueſt.duty.
Inquire into the ſinnes of your County. Are there not Blaſphemers, Sabbath-breakers, Prodigious ſwearers, Opreſſers, Adulterers? Make of them faithfull Preſentments. Doe not you ſee what abundance of miſchiefes Ale-houſes produce? what a great deale of ſervice they doe the Devill? Labour I beſeech you to diſpoſeſs the Divell of his ſtrong holds. Purge your Townes and Families. Who knowes but that yee are called to ſuch a time as this? You have a price put into your hands, Oh! let it not bee a price put into the hands of fooles, who want hearts to make the beſt improvement of it. As you love the Goſpell, your lives, livelyhoods; as you conſult the good of your Countrey, and tender the ſafety of the land of our Nativity, ſtrive to beat down ſinne, to reforme your lives, that ſo God may turne away from his fierce anger.
And to you all high and low; of what ranke or condition ſoever I addreſſe my exhortation, as Amos 4. 12. Therefore thus will I doe unto thee, O Iſrael, and becauſe I will doe thus, prepare to meet thy God, O Iſrael. Zeph. 2. 1. Gather your ſelves together, yea gather together O Nation not deſired: &c: ſo Joel 2. 12. Therefore alſo now, thus ſaith the Lord; Turne yee unto mee with all your hearts, with weeping, faſting & mourning.
And you that remember leaſt, bee ſure to remember my text. Carry it home with you and put it in practice, Hate the evill, and love the Good, and eſtabliſh judgment in the gate: It may bee that the Lord God of hoſts will bee gracious to the remnant of Joſeph.