THese words, they are Jehosophats caveat to his Judges.

In the former verse you have their Commis­sion. He appointed Judges in the Land, through­out all the fenced Cities of Judah, City by City.

To judge, to rule, to govern, Magistracie, Doct. though it be for every ones good, yet it is not every ones work; but theirs that are appointed to it. He appointed Judges. There's their Commission.

And then here's their charge. Wherein two things are required of them:

First, Action, (ver. 7.) Take heed and doe it. Judges must be doers. Doct.

Secondly, Caution, (ver. 6.) take heed what you doe. Judges must take heed what they doe. Doct.

[Page 2]And then you have the grounds of that caution, & they are two.

The first is taken from the person they represent in judge­ment, The Lord. For ye judge not for man; but for the Lord.

Not for man. It is not to be understood negatively, but comparatively. Hos. 6.6. As that, God will have mercie and not sa­crifice. Sacrifice too; but mercie rather then Sacrifice. So for men too, but for God rather then for men. So Treme­lius, Non tam hominis, quam Dei vices in judicando geritis. As if he should have said, In this great work ye sustain, not so much my person, as Gods person; nor are ye so much my Vicegerents, as Gods Vicegerents; my Deputies as Gods Deputies; therefore, take heed what you doe.

The second is taken from the person present with them in Judgement, and that's the Lord too. But for the Lord, who is with you in the judgement. As if he should say, you doe not onely represent God in the judgement, but God is present with you in the judgement. He sits as Lord chiefe Justice upon the same bench with you; there­fore, take heed what you doe.

Thirdly, you have the main help prescribed; and that's the fear of God. Now therefore let the fear of the Lord be upon you. The true fear of God in the heart of a Judge, first it wil Restrain him from every evil. Other Governours did thus and thus, were injurious, were oppressing, &c. but Neh. 5 15. so was not I. because I feared God, said Nehemiah. Se­condly, constrain him to every good, put him upon every duty. Though never so difficult, Gen. 22.12. Never so dan­gerous 1 King. 1.18.3.12.

Lastly, you have the main hinderances removed. And they are three. 1 Iniquity, wickednesse, profanesse. A migh­ty impediment to justice. 2 Accepting of persons. 3 Ta­king of gifis. For There is no iniquity with the Lord our God, nor respect of persons, nor taking gifts.

[Page 3]We will begin with the caution, Take heed what you doe: As if he should say, be not rash, headlong, percipitant; but discreet, wary, circumspect in all your doings; and very wary, marvellous circumspect; here's a double take heed. Take heed and doe it: and Take heed what you doe. Caution upon Caution.

Of all men in the world, Judges, Magistrates, Ministers Doct. 1 of Justice, they ought to be men of marvellous warinesse and circumspection.

All men ought to be so.

The divers assaults of Satan to deceive us. The sundry inticements of the flesh to beguile us. The many allure­ments of the world to ensnare us. All declare as much.

All have soules to save. All have another world to provide for. All have rules to walke by. All are subject to erre from those rules. All must appear before the judge­ment seat of Christ, and give accompt of all they doe. Therefore all had need to take heed what they doe.

But above all Magistrates had need to doe so, for why?

First, They have a larger, and greater care, and charge, committed to them, by the Lord, then others have. And that,

1 In regard of places. Other's, their care, and charge is shut up and contained within narrower and straiter bounds and limits then their's is. Ministers to their Flocks: Pa­rents and Masters, Governours of families, to their fami­lies. Their's to Kingdoms, Counties, Cities.

2 In regard of persons. Let every soule be subject, &c. Rom. 13.1. That lawlesse immunity of the Clergie, as they call it, from the authority and jurisdiction of the civill Magistrate, ('its the cursed device of Antichrist.

3 In regard of things. Others their care and charge hath respect, some to the spirituall estate of men onely, [Page 4] some to the temporall, worldly, outward estate of men onely; their's to both. Again, others their care and charge hath respect, some to the state of the Church one­ly. Some to the outward, civill, politike, estate of the com­mon-wealth onely; Their's to both. The office of the Ma­gistrate, and the duty of the Magistrate, it hath respect, not onely to Religion; but to the civill State: not onely to the civill State, but to Religion. He is Custos utriusque tabulae: must be carefull that all duties, both of first and second Ta­ble be performed. All open breaches of every Comman­dement in both, punished.

2 Besides, these are in the highest degree of prehemi­nence, next to God above all others. They carry Gods image in their persons; Gods scepter in their hands; Are called Gods. Et quo sublimior gloria, Eó major cura, sayes Cyprian.

3 Again, they of all others are most obnoxious to slips, and falls, and miscarriages. And that,

1 Because they have many provocations, which others have not. Ly open to many snares, which others doe not ly open to.

2 Because they want many restraints, which others have; Publike and private admonition and reprehension. Fear of punishment, &c. A terrour indeed they are to others, if they doe evill; revengers to execute wrath upon others, Rom. 13. But if they doe evill themselves, who shall be a terror to them? and execute wrath upon them?

4 Once more, Innumerable, and those unspeakable are either the mischiefs or benefits that must necessarily flow from Magistrates, either diligence or negligence, and that both to Church and Common-wealth.

A Magistrate he is a publike person; and therefore a pub­like good, or a publike evill. If he be carelesse, negligent, un­godly, [Page 5] unjust, abuse his authoritie, neglect his dutie, what's the issue? Religion degenerates into Idolatry and Superstition. The publike ministery of the word, and all o­ther means of salvation, are either wholly neglected, or ex­ceedingly slighted. Wicked men incouraged. Godly men discountenanced. Nothing but Ataxie, Disorder, Confusi­on, in Church, in Common-wealth. Men cannot possesse their lives, their estates, their names, their — any thing in peace, in quiet. Whereas, on the other side, if Magi­strates be wise, faithfull, carefull, vigilant, intentive, God will be worshipped purely; the Ministerie of the word pri­zed highly; evill men punished; good men protected; And all knit together in such an order, that every one will for­ward what he can the peace, prosperitie, welfare, good, comfort of another; and every one possesse and enjoy his life, his goods, his good name, his — all in peace, in safetie, in securitie.

This is cleer by the state of the Kingdomes of Israel and Judah. When they had good Magistrates, as David; Salo­mon, Josia, Hezekiah, &c. How did every thing flourish that concerned either the glorie of God, or the profit, and benefit, and comfort of men, both for soul and bodie? But when the Magistrates were Idolatrous, Tyrannous, Vicious, Then all went to wrack. And wee see it by our own sad experience. And therefore Ecclesiastes 10.16, 17. Woe to thee ô Land, when thy King is a child, and thy Princes eat in the morning. And blessed art thou ô Land, when thy King is the sonne Nobles, and thy Princes eat in due sea­son, for strength, and not for drunkennesse, sayes Solomon. That Land is happy that has good Magistrates; and the contrary, most miserable and unhappy. For these and ma­ny other reasons, Judges and Magistrates, men set apart for the guiding, and governing, and ordering of King­doms, [Page 6] or Counties, or Cities, ought in a more especiall manner to take heed what they do.

And that in all their actions, Naturall, Civill, Religi­ous. In their whole conversations.

The ordering of their Families. There Children. Their Servants; Those they employ in managing their publike Affairs; Those too they employ in managing their Do­mestick or Houshold businesses and occasions; to see that they be such as be faithfull in their dutie to them, their masters on earth; mindfull of their dutie to God, their master in Heaven. That they be pious, religious, consci­entious, such as feare God, such as will discharge the trust committed to them. 2 Tim. 3.5. If a man know not how to rule his owne house, how shall he take care of the Church of God? saith the Apostle of Ministers; and it's true of Magistrates as well. How shall hee be able to governe a Citie, that cannot go­vern his own Family?

The ordering of their persons too. Above all men in the world, Magistrates had need to take heed that their lives be holy, harmlesse, righteous, religious. Such as may adorn their profession. Such as may put an honour, a lustre upon Religion. Such whereby they may be an example of good to all, of evill to none. For why?

First, with what face can a Magistrate punish sin in o­thers, if guiltie of the same sin himself? A drunken Magi­strate, A swearing Magistrate, A whoring Magistrate, A Sabboath-breaking Magistrate, how can he punish drunken­nesse in others, oaths in others, uncleannesse in others, pro­phanenesse of Gods day in others?

Secondly, The excellencie of their office requires it. Magistracie, It's a visible character of an invisible Deity. They are called Gods, I have said ye are Gods: Psal. 82. And what, a drunken God! a swearing God! a Sabboth-breaking [Page 7] God! a prophane vicious God! It's no lesse then blasphemy.

Thirdly, The eminencie of their place requires it.

They are as a City set upon a hill. All mens eys are upon them. Their lives are exemplary. Men are led by exam­ple much; and by the example of Magistrates, more then by the examples of other men, Reges ad exemplum; &c. Magistrates lives, they are the peoples rules. And of all things a rule should be strait. A false rule! a crooked rule! it's most dangerous.

Fourthly, Example in them doth more good, or more hurt. A mighty force in the example of Magistrates. Have any of the Rulers believed in him? John. 7.48. The exam­ple of the Rulers kept many from believing. Evill ex­amples in Magistrates, is more infectious, more contagi­ous. Jeroboams sin, it made All Israel to sin. If Magistrates be wicked, how will wicked men be animated, imbold­ned, incouraged in their wicked wayes? Not a greater provocation in the world to a wicked life, then a wicked Magistrate. God will be dishonoured more; his people grieved more; wicked men imboldned more; the Land in­dangered more, defiled more: from them as from a foun­tain, prophannesse, wickednesse, ungodlinesse will flow forth into all the Land, as the Prophet speaks of the wicked priests of his time, Jer. 23.15. Therefore above all men in the world, Magistrates had need to take heed wihat they do. And that even in All their actions, in their whole con­versations.

But especially in the administration of justice, in the execu­tion of their office, in matter of government, in point of judge­ment, in their judiciary proceedings. That is, 1 In hearing causes that are brought before them. 2 In passing sentence when they have heard them. 3 In executing that sentence [Page 8] when they have passed it ( [...].) To these three heads may be referred all judiciary procee­dings. Hearing. Sentencing. Executing.

First, hearing of causes that are btought before them; whether criminall, or controversall. Ioh. 7.51. Doth our Law judge any man, before it heare him? saith Nicodemus.

The Common-wealth, it's a body politike; offenders and offences in a Common-wealth, they are (as it were) the peccant and noxious humours, and diseases in that bo­dy; Judges and Magistrates, they are (as it were) Physici­ans for the healing and curing of those diseases; and doth any Physician prescribe &c. before he understands the state of a mans body, and considers the nature of the disease? Gen. 18.21 Descendam ut videam, saith God. The sins of Sodome were exceeding grievous; and their cry came up to heaven: Yet God does not rain down fire and brimstone presently; No, Ile goe down and see first, saith he; See whether they have done altogether according to the cry. And thus in punishing the old world. Gen. 6.5. Gen. 11. And thus in confounding the language. And this he did, not for himself; He is omnicient, knows all things, and therefore needs no inquisition, or examination, or tri­all to informe his knowledge; but for our example, Nè mala hominum praesumamus credere, ante quam probare, sayes Gregory. Lest we should credit reports, before we examine them. Judges should herein be [...], as Plutarch speaks. Living Images of God. The Thebanes pictured their Iudges, somtimes without eys; somtimes without hands: but never without ears. The cause I knew not, I searched out, saith Job. Examinarion must ever goe before judgement. And here, mighty warinesse, and caution, and circumspe­ction is required of Magistrates; here, they had need to take heed what they doe. As namely, that they doe it,

First, speedily. Without demurs, delays, procrastina­tions, (beyond what is necessary.)

[Page 9]Secondly. Meekly, mildly, patiently; not in passion, in anger, in wrath: Iam 1.10. The wrath of man, works not the righteous­nesse of God, sayes James.

Thirdly. Diligently; not oscitantly, sluggishly, sloth­fully, sleepily; as Philip of Macedon once, who by that means gave wrong sentence; so that the partie was fain to appeal from Philip sleeping, to Philip waking.

Fourthly. Equally too, indifferently. Heare small, as­well as great; poore, as well as rich; Stranger, as well as brother. And heare both parties; both sides. Plutarch re­ports of Alexander, that when he sate in judgment, he was wont (alteram aurem praebere actori, alteram verò integram servarereo) always to stop one eare to the Plaintiffe, saying, he kept that for the Defendant. Condemne no man before he which is accused, hath his accuser face to face, and hath liberty to answer for himself, concerning the thing laid to his charge. It was a Rule among the Romans; And it was a good Rule, for why? Act. 25 16. Pro. 18.17. He that is first in his owne cause is just, till his Neighbour comes, says Salomon. One mans tale is good till another's is heard. Besides, If to accuse, be sufficient to make a man nocent, who shall be innocent?

Fiftly. judiciously, understandingly. A Judge, He had need be a man of a most exact understanding; that he may be able to discerne betwixt man and man; cause and cause; just and unjust; true and verisimilus; false and specious; between the confidence of accusing or denying, and the truth or falsitie of the accusation; betwixt impudent guil­tinesse, and diffident innocence. No cause so bad, but there are, that by their quirks and devises wil make it seem good. And so on th'other side, no cause so good, but through the modestie, or unskilfulnesse, or unfaithfulnesse of those that plead it, it may possibly seeme bad. It's strange to see with what confidence, and what impudence, with what a [Page 10] brazen forehead that Harlot carries it; 1 King. 3. and how right and innocencie in the other had even like to have be­tray'd it self, through modestie and simplicitie of earriage and expression. Had not Salomon had [...] as Basil speaks, a sharpe and exact understanding, to discerne between the modesty of the innocent plaintiff, and the malice of the envious defendant, he had certain­ly been deceived. Quibus bonestior conscientia, iis plerum­que frons imbecillior, sayes Jerome. Dishonesty many times (like Tamar) is vailed with a maske of fair words, and a smooth tongue; when innocencie is timorous and unelo­quent. Therefore, Justitia, though it should be coeca in ex­equendo, yet it must be oculata in dijudicando, impartially blinde in executing, but eagle-ey'd in searching out a mat­ter.

That's the first thing, Judges must take heed what they doe in Hearing causes. Let the cause be opened; let evidences be produced; let the accused and the accuser bee brought face to face; Let them get a manifest cognizance of the thing, by a fair, free, calme, hearing of matters on both sides, before they passe sentence.

For why? Possibly they may erre else. Nay, it's almost impossible but they should erre else. However, unjust they shall be sure to be; yea, ( aequum licet statuerint, as the Tra­goedian) though possibly they should light upon the right. Though the Judgement should be just, yet the Judge should be unjust.

Those that commence suits; Those that plead and pro­secute suits; Those that testifie and give in evidence; Those that bring in verdict. All had need to take heed what they doe, that they carry themselves as in the presence of God; and doe nothing in these cases before Gods Vicegerents, which they would not doe before God himselfe, whose [Page 11] judgement it is, and who is with them in the judgement.

But above all, Judges had need to take heed; Because when all have said all they can, still the judgment lyes in the judges brest.

Secondly, In passing sentence. Judges must heare cau­ses speedily, patiently, diligently, indifferently, under­standingly; and when they have so heard them, they must passe sentence. And here likewise abundance of warinesse and circumspection is required of Judges. Judges had need to take heed what they doe; as namely, that they do it. 1 Righteously. Heare the causes betwixt man and man, and judge righteously, Deut. 1, 16. with equability, with pro­portion. Proportion, 1 to the minde of the Law. 2 To the quality of the offence. 3 To the nature and dispositi­on of the party offending.

1 To the minde of toe Law. A Judge must proportion his sentence, square his sentence, not to his own or other mens passions, affections, humours, favours; but according to the Minde of the Law. Not the words of the Law, they are but vestitus legis; but the Minde of the Law, the true sense and meaning of the Law, the intent of the Law; that is, according to justice, and truth, and equity, and reason.

2 According to the quality of the offence. Artaxerxes that heathen King, even by the light of nature prescribed this rule: That every one that should offend, should be senten­ced According to his offence, some to death, some to banish­ment, same to confiscation of goods, some to imprisonment Ezra. 7.26. As there is a difference of offences, so there must be a difference of punishments. Greater offences, grea­ter punishments; lesser offences, lesser punishments.

3 According to the nature and disposition of the offen­der. Respect herein must be had to that too. It's true, the [Page 12] letter of the Law is the guide of judgement [...], for the most part. But yet, because mens actions are infinite; and there are sundry particular cases which the Law in its generall mandats cannot foresee, and provide for, by rea­son of divers circumstances extenuating perhaps the na­ture of the fact; and it would seem harsh if every thing should be censured by the rigour of the Law, therefore much is left to the Judge herein; and there ought to be in His breast an [...], as Aristotle calls it, a middle equi­ty, tempering justice by the milder interpretation of the Law. And in this case Judex non jus dat, sed docet, as Plato. The Iudge doth not give Laws, but give the sense of Laws.

And concerning the offender; the Iudge is to consider, First, Whether he did it through weaknesse, or whether he did it through wilfulnesse; the one is to be beaten with more stripes, the other with fewer stripes, Luke 12.47. Again, whether now remorsefull, humbled, penitent; or stubborne, audacious desperate in his wickednesse. If the incestuous person upon admonition become sorrow­full, and humbled, and penitent, [...]. It's e­nough, sayes the Apostle, it's sufficient that he hath been admonished; now receive him, forgive him, comfort him, con­firme your love to him. Cor. 2.2.6. And the reason of this rule is, because the great designe of a Magistrate in all his administrations of judgementit, should be reformation; not destruction, but reformation. He should not Sono catenarum delectare, as Seneca speaks, delight in the ratling of chains and fetters, and the sight of hatchets and haltats, &c. pu­nish that he may punish, but that he may bring to repen­tance. [...] Cor 55. It's the end of all censures whether civill or Ecclesi­asticall.

Yet I doe not give this for an universall rule neither. [Page 13] There are cases wherein the Iudge must not be milder then the Law, The Law must have course, Iustice must bee done. 1 That the Land stand not before God guilty of bloud. 2 That others may heare, and fear, and doe no more so wickedly. As namely, when the offences are bloudy and crying and hainous; connivencie or impunity, in these cases, it's not clemencie, but cruelty. But in other cases again, in lesser offences, but once or seldome com­mitted, and the offender penitent; there, justice without mercie; it's not justice, but severity, sayes Chrysostome.

2 Religiously, piously, sincerely, without any respect at all to any thing in the world; but meerly and onely out of love to God, delight in justice, zeale to the good of the Com­mon-wealth. Otherwise, Christians are no otherwise just then Heathens were just. Nay otherwise, even while just Iudges, they are murderers; If biassed by carnall interests, private respects, selfe aims and ends, as wee see in Jehu.

3 Couragiously too. Judges, they must be men of cou­rage; not weake and timorous and pusillanimous. A weake and timorous Judge, will easily be an unjust Iudge. If Pi­late feare ( ne non amicus Caesari videretur) Caesars displea­sure; he will condemne Christ, though it be never so much against his own conscience, Joh. 19.12. If the Governours fear Jesabels displeasure; upon a letter from her, they will condemne Naboth, though never so contrary to all Religi­on and equity. 1 King. 21. It was Rehoboams fault, Hee was tender-hearted, and not able to withstand the Sonnes of Belial. 2 Chron. 13.7. And so Davids too, that he let the sonnes of Servia be too hard for him; hee durst not censure Joab though a murtherer; Why? hee was the Generall of his Armie, and he feared a mutiny; therefore Deus judicet saith he, the Lord judge him. Alas! [Page 14] a private man, every subject might have said so. Solomons throne was supported by Lions 1 King. 10.20. Lion-like vertues, courage, and valour, and resolution, and magna­nimity should be in Magistrates; they should not be ter­rified, or daunted, or diverted from justice, by the threats of the potent, or the frowns of the mighty, or the haughty looks of any; or the letters, or messages, or wills, or plea­sures of great ones, be they men or women, Caesars or Je­sabels, Kings, or Queens. Must not fear the face of man, Deut. 1.17. but must be men of bold, undaunted, couragi­ous spirits.

4 Impartially. Without respect of persons. [...], without preferring one before another; or inclining to one more then to another.

Respect of persons in judgement is every where con­demned in Scripture? Thou shalt not favour the person of the poore, nor honour the person of the rich. Levit. 19.15. A Iudge must not pitie a poore man, because hee is poore; Nor favour a rich man, because he is rich; but according to the equitie of the cause, must be the equitie of the sentence. A mean man, a great man, an enemy, a friend, it must be all one in this respect. Exuat personam Judicis, qui induit personam amici, says one. Let him put off the person of a Iudge, that puts on the person of a friend. A Iudge sits in the place of justice, not to judge of mens persons, but of their causes. And therefore, in former times, sometimes the bare causes were propounded without any so much as mentioning of the persons; sometimes again obducto velo judicabant, says Musculus, They covered the Iudges face with a Vaile, when hee sate in judgment, that so hee might not see their persons. And the Thebanes alwayes painted their Iudges without Eyes. A Iudge must be like Melchizedeck, without father, and without mother. It is [Page 15] Asa's high commendation, that when Maacha (though his own mother) committed Idolatry, he would not spare her, but deposed her from her Regencie. And 2 Chron. 16, 16. It's Levies too, In the execution of justice, Deut. 32.19. He said to his father and to his mother, I have not seene them, neither knew hee his brethren, nor his own children. Amicus Plato, Amicus So­crates, It's true such a one is my friend, and such a one is my friend; sed magis amica veritas. The affection of a friend suits not the Function of a Iudge. In some cases it was not lawfull for the father or mother to spare there owne son, Deut. 21.18, 19, 21. The husband to spare the wife of his own bosome. Deut. 13.6, 7, 8. &c. A Iudge must equally and impartially give to every one that portion which the Law gives him. No outward respect must move him either to pitie, or to severitie; more then the equitie of the cause requires.

Freely. A Iudge should not be moved, either minis, or donis. With threats, or gifts. The motions of justice should be like those of the Heavens, from inward principles; not like those of Mils, or Clocks, or Iacks, and the like Me­chanick Engines, that stir not but by force of waters, or winds, or waights. Imitantur hamos dona. Bribes, they are the mightie bane of justice. It's said of Elies sonnes, dilexerunt munera, They turn'd aside after Lucre, and tooke bribes: and what follows? perverterunt judicium, they per­verted judgment. A Iudge should not receive bribes, no not in a just cause. A Counsellour may sell his advice; and an Advocate may fell his pleading; but a Iudge may not sell justice. Iustice should be as cheap as aire. It's a debt he owes, and can he be just that must be hired to pay his debts? No difference in Gods account betweene bri­berie and thieverie. Yea, for this verie thing, are the Prin­ces of Jerusalem called thieves, Esay 1.23. Not for taking [Page 16] purses by the high way side; but for taking bribes in their chambers; for so it follows, Every one loveth gifts and follows after rewards. And her Rulers love to say with shame, Give yee, Hosea 4.18. And what difference between, Give yee, and Deliver yee; only, one goes in chains of gold, ma­ny times; while the other lies in fetters of Iron; But in Gods account they are all one. It's that that turns magna regna into magna latrocinia, sayes Augustine. Guildhall in­to Shuters Hill, DIKE, against co­vetousnes. and Westminster Hall into Salisbury Plaine, as one well Englishes it.

6 Speedily. Currat lex, let justice have quick dispatch. A miserable thing when Iudges shall use causes; as unconsci­onable Chyrurgions use sores; hold them long in hand, not for any difficltie in the cure, but for gain. Speed is re­quisite in justice as well as integritie. And the Judge in the Parable, why is he called unjust? only for this, he defer'd to doe justice to the poor widdow, he would not for a while, sayes the text, Luk. 18.4. Even in delaying judgement un­justly and needlesly, there is injustice. Sentence must be given speedily. Yet

7 Deliberately. Two things are to be avoided in judge­ment. Too much delay. Too suddain expedition. Delibe­ration ought to accompany judgement. Especially if the punishment be capitall, ultimo supplicio, if it be to life. Life is precious, death terrible.

8 Tenderly, and with abundance of mercie and clemen­cie, and moderation. It's true, excess herein, too much cle­mencie is not a vertue, but a vice. But yet there's a diffe­rence between the exercise of justice, and the severity of justice. noli esse justus nimis, sayes Solomon, Eccles. 7.18. Presse not justice too far, doe not turn judgement into gall, and justice into wormwood. Take heed of rigour. Rigour of justice is injustice; where mitigation may be. Indeed [Page 17] there are cases wherein a Judge must not spare. Notorious malefactors, Traitors, wilfull murtherers, they must die: Who so sheds mans bloud, by man shall his bloud be shead, Gen. 9.6. Such too in whom is found malicious wicked­nesse; especially if the ground of the quarrel be laid in irre­concilable principles to Religion; in this case, qui malis parcit, bonis nocet, sayes Scaliger; He wrongs the lambs, and wrongs the sheep, that lets the foxes goe, and lets the wolves goe. Therefore the Law must have course, justice must be done. But yet with aboundance of tender-hearted­nesse, and aboundance of Christian compassion. Seneca reports of Augustus, that he never pronounced sentence of death, but he did ( ex imo pectore, alta suspiria ducere) fetch deepe sighs from the very bottome of his heart. Yea, even Nero himselfe, though otherwise cruell, yet it's re­ported of him, that being asked to subscribe to a sentence of death, utinam nescirem literas! says he, I would to God I knew not how to write. That's the next thing there­fore in the execution of justice. Qualifie as much as may be the rigour of it; mix mercie with it. I will sing mercie and judgement, sayes David. Psal. 101.1. Justice without mercie, is not Justice, but cruelty: on the other side, mer­cie without justice, is not mercie, but foolish pitty.

3 In executing sentence. A Judge when he hath heard the cause, and pronounced sentence, must execute that sen­tence.

Three things make a happy Common-wealth: Good Laws; Upright judgement according to those Laws; And just execution. And herein likewise, Judges must take heed what they doe. As namely:

1 That they doe it with all the grains of allowance, of time, of mercie, of clemencie, that justice will permit; E­specially if to life.

[Page 18]2 With all the mitigation that may be. The Jews might give forty stripes to a malefactor; Deut. 23. yet in their greatest cor­rections they would give but thirty nine. 2 Cor. 11.24. Of the Jews five times, received I forty stripes save one, sayes Paul. They bated him one.

3 With aboundance of compassion. If the judgement be severe, and such as cannot justly or safely admit of any further delay, or any remisnesse or mitigation, by reason of the haynousnesse and atrocitie of the crime, yet even then he must doe it, not with insolence, and elation, and revi­lings, and reproachfull speeches, &c. but with all the meeknesse and demonstration of compassion that may be. My sonne give glory to God, sayes Joshua to Achan; he calls him his Sonne. What ever the punishment be, mercie and compassion must be used in the inflicting of it. Must not by any cruell course make the torture either greater or longer then necessity requires; for why? Duo sunt nomina sayes Austin, homo & peccator; As he is a malefactor, punish him; but yet as he is a man, pitty him.

Thus in all their actions, in their whole conversations; but especially in matters of judgement, in their judiciary proceedings; as in hearing causes that are brought before them; in passing sentence; in executing that sentence; in all these, Iudges and Magistrates ought to be men of marvel­lous caution and circumspection.

And thus we have done with the explication of the point.

Use 1.We come now to application. And here, something I will say to all. But yet I beseech you give me leave to be­gin with you, the honourable and reverend Judges and Magistrates of this magnificent and renowned Citie. And the sum of what I shal say to you, is only this charge of K. Jehosophat to his Iudges here; It is the charge of the King of Kings, to you this day, by mee, who also am in Gods [Page 19] stead, and am set here to mind you of your dutie, Take heed what you doe, &c. Oh that this sentence were painted up­on the doores, and gates, and walls of all your Courts, and all your judgment seats! But above all, oh that it were in­graven deeply in all your hearts! and that you would think you heare it sounding continually in your eares, (as Jerom did that voice: Arise ye dead & come to judgment.) Take heed what yee doe. And especially, and above all, what you doe in your judiciary proceedings. When Causes are brought before you, heare them speedily, patiently, dili­gently, indifferently, understandingly. And then passe sentence righteously, religiously, couragiously, impartial­ly; A miserable thing when Lawes are like Cobwebs which doe, Inferiora animalia retinere, valentiora trans­mittere, as Anacharsis said; Catch little flies, but let the great ones break thorough. When one man may better steal a horse, then another looke on. One man better betray a Castle, a Citie, a Country; then another parley about the betraying of it: when for one and the same fault some shall be punishrd, others not so much as called in question. Red­de superiori, redde inferiori, redde aequali, cuique quod suum est redde; sayes Bernard. Be they superiours, be they in­feriours, be they equals, what ever they be give them their due; encouragement to whom encouragement; punishment to whom punishment. Let justice be like the Sun, which falls equally and indifferently upon all; rich ones; poore ones; Pallaces, Cottages. Take order for bloudie Joabs; cursing Shimeys; treacherous Absolons; punish sin as well in great ones, as in small ones; not sparing with Moses, To hang up even the— Princes of the people before the Lord. God is no respecter of persons; no more be you. Remember that message out of Smithfield the other day. Pitts.

Freely too. Let love of justice constraine you to do ju­stice; [Page 20] and desire of Gods glorie; and desire of the publike good: Not promises, gifts, rewards, gratuities. Herodotus has a dreadfull story, of one Cambyses a Persian King, who finding that one Sicanus a Iudge, had been hired by money to pronounce a wrong sentence, ( Eum excoriari jussit, & pellem ejus affigi ad sedem judicialem) Hee caused him to be flead, and his skin to be nailed over the judgement seat, and there to remain for the terrour of succeeding Iudges. If all perverters of judgment had been so served, there be many Iudges in England had had but little skin on their backs. Bion was wont to say: A Magistrate, when he leaves his place, should go out, non ditior, sed clarior; not more rich, but more righteous. And what is it for a Iudge to have lucrum in arca, & damnum in conscientia? as Austine speaks; Gaine in his Coffer, and losse in his Conscience? A full purse, a foul soul? 'Twill prove (like Judas his bag) his bane at last. Remember that of Iob: Iob 13.35. Fire shall consume the Tabernacle of bribery. Never let it be said of you (as Eschanes said of Demosthenes) that you incline that way most, that brings In most. Iustice is a debt you owe; scorne to be hired to pay your debts.

Doe it speedily too. Jethro was troubled, to see causes hanging from morning to evening. Surely twould have troubled him more to see them hanging from year to year; To see causes depending to become immortall.

And then execute that sentence when you have passed it. And if it be to life, execute it with all the allowance of time, of mercie, of clemencie, of mitigation that justice will permit. And with aboundance of compassion.

In a word, doe nothing rashly, unadvisedly, inconside­rately: but every thing gravely, warily, deliberately, with abaundance of caution and circumspection.

To helpe you a little, consider, 1 the person you repre­sent [Page 21] in judgement: You judge, not for man; but for the Lord. The Ordinance of Magistracie, it is the Ordinance of God; Rom. 13. The person who judgeth, is a person sent of God; [...], the Minister of God, Rom. 13.4. The per­son sustain'd by the Iudge, is the person of God. He is Gods vicegerent, Gods delegate, Gods deputy The persons and causes to be judged are Gods. The man is Gods; his life is Gods; his estate Gods. The judgement too, If righteous and just and good, it's Gods; God will own it, approve it, defend it, reward it. Consider that. You have your com­mission from God; receive your office from God; derive your power and authority from God; sustain Gods person; doe Gods worke; execute Gods judgement; take heed ther­fore what you doe. Doe nothing but what God would doe, if he were in your room. Now would God punish the poor, and pardon the rich? would God justifie the wicked, and condemne the righteous? would God per­vert judgement? would God accept persons? would God receive gifts? would God be corrupted? why; no more be you. You execute Gods judgement, make God your pattern in the execution of it. Follow his rule, Imitate his example. He accepts not persons, nor takes rewards ( Deut. 10.17.) but without respect of persons, judges according to every mans work, 1 Pet. 1.17. The greatest potentates, and the highest Monarchs in the world, if wicked and ungodly, can no more escape the vengeance of God, then the poorest wretches that live upon the face of the earth: witnesse Pharaoh, Zenacherib, Nebuchadnezer, Herod, Ha­mon, &c. Yea, and his dearest children he corrects, as well as those that are his veriest enemies. Yea, Judgment (Begins) at the house of God, 1 Pet. 4.17. and tribulation and anguish to every one that doth evil, to the Jew (First,) Rom. 2.9. God carries himselfe equally and indifferently to all in the exe­cution [Page 22] of judgement. Doe you likewise. Set up God for your pattern, your president; imitate God. Thinke, would God shew mercie now? would God acquit this man now? or would God condemn this man now? If not, why should I doe it? It is a sweet thing, when a Magi­strate lying down at night, can reflect upon the day, and say: I have done nothing this day, but what God him­selfe would have done, if he had been in my room. That's the first reason.

And He is with you in the judgement; That's another mighty argument, why you should take heed what you doe, The Lord is with you in the judgement. 1. with you, to assist you. The burthen's too heavie for you; aye, but God will put under his own shoulders; you shall be assisted by the great God. 2 With you, to protect you, defend you, safeguard you from wrongs, from hurts, from vio­lences. Friends may frown; enemies may threaten; aye, but God is with you; and if God be with you, who can be against you? 3 With you, To behold all your procee­dings. God stands in the assembly of gods. Psal. 62.1. Stands. Not sits, but stands. Stands to looke this way and that way, and the other way; to heare what this man sayes, and what that man does. To heare who gives an I, when the nocent is to be punished: who gives a No, when the in­nocent is to be quitted; Therefore take heed what you do. 4 With you, To reward your integritie; punish your partialitie. Remember that When ever you set foot in­to the place of judgement; & say as Jacob, Surely the Lord is in this place; ô how dreadfull is this place! The Lord is here, and he heares every word I speak; and he sees every action I doe. I have, not only men to behold mee; and Angels to behold me; but even God himself, he is present with me. There was a Canon made; in the Chalcedon and [Page 23] Ephesine Councell, that upon the Judges Bench, the Book of the Gospell should be set up, which the Judges were to cast their eyes upon, to the end they might doe every thing according to the minde of Christ. And the Ethio­pians were wont to set up a Chaire of State in their Senate, and that to be emptie; as if the God of judgement sate there as Umpire, and Moderator; whom the Senators ought to look upon in passing sentence, that they might imitate him in their judgment, to the end they might doe every thing as in the sight of God, who (as the text says) is with them in the judgement. These are the Reasons in the text: You sustain the person of God; sit in the seat of God; execute the judgment of God; stand in the presence of God, Therefore take heed what you doe. Execute Gods judgment, as God himself would execute it.

Nay, yet more; you must be accountable to God too. Remember that. You must one day come to your Redde ra­tionem, Give an account. You must appear, before that ex­act, and unavoidable, and unappealable Tribunall of the Judge of all the world: and he'll heare all over again; and judge the Cause; and judge the Iudge; Iudge you; and judge all. And would you give any sentence now, that should then be reversed? Would you give any sentence now, you would then be ashamed to own? Consider that. you must give account to God. Not only to Gods De­putie, that little God in your bosomes, Conscience; which will sentence you severely if you doe amisse; but to the great God, the judge of all the World; and Iesus Christ the Iudge of quick and dead. God will bring to judgement every work, with every secret thing, whether it be good or e­vill. Take heed therefore what you doe; You will never be able to give up your account with joy else.

Again. The nature, greatnesse, and waightinesse of the [Page 24] work you have to doe. The easinesse of miscarrying in it. The exceeding great danger if you do miscarrie. All these call upon you to take heed what you doe.

1 The nature, greatnesse, and waightinesse of the worke you have to doe. 1 It is Gods work, and therefore requires your utmost circumspection. I have provided with all my might, says David. Why? The house is not for man, but for the Lord. 1 Chron. 29.1. 2 It is a great worke. A worke of the greatest and mightiest concernment, and im­portance, that ever did, or ever can come under your hands. 3 It's a perplex, intricate, difficult worke. So many knots; many Cases so intricate; ô what a Labyrinth you will be in sometimes? Your thoughts how they'll be per­plext, twisted as it were, intwin'd one within another? how you will be troubled to discover your way, to finde your rule, to know what to do? 4 It is an excellent work. 5 An important work too. Your eternall salvation lyes upon it. Your, and our temporall salvation also, Lawes, Liberties, Lives, Gospell, Religion, Church, State, King­dome, all lyes upon it. According as you manage your work, even so may it fare with England for ought I know. and the children that are yet unborn, will have cause, ei­ther to stand up and blesse you; or to stand up and curse you.

2 The easinesse of miscarrying in the work. Take heed what you doe; A thousand to one but you will miscarry else. For why? First, you are but men. Gods indeed; but yet but earthen gods; Men, weak men, frail men, flesh and bloud. You have the same carnall principles in your hearts, that are in the hearts of others. You have a princi­ple of pride in you; a principle of self-love in you; a prin­ciple of base, slavish fear in you; a principle of ambition; a principle of covetousnesse, &c. 2 You have the same [Page 25] Devill; and the same World to draw forth those principles too. Such temptations from Satan; such solicitations from men; such evasions in offenders to avoid justice; friends intreatie; enemies obloquie; such a world of snares; so many respects to worke upon your affections; so many occasions to turne you out of the way; so many impedi­ments to justice; This relation and that relation, kindred, acquaintance, feare, favour, hope of reward, frownes, smiles.

If they be rich ones and great ones that offend, ô they must be spared, they will sit upon my skirts else another time, they'll be even with me. And if poor ones, yet if great ones become suitors for them, ô I must gratifie such a great man, &c. Oh how hard it is for a Iudge to deale justly, uprightly, impartially! Take heed therefore what you do, You will certainly miscarrie else.

3 And if you doe, Oh how dangerous it is! that's the third thing. The exceeding great danger if you doe mis­carrie: Danger to your selves: danger to others.

First, to your selves. To erre in judgement; especially wittingly and willingly, Oh it is a fearfull sin. Called a manifold transgression, and a mighty sin, Amos 5. 12. And you are said herein, even to exceed the deeds of the wicked, Jer. 5.28. How many dreadfull woes stand registred in the book of God against this sin? See Esay 5.20. &c. No sin more sharply threatned; no sin more severely punished; in persons, in Nations. It's a sin that makes you guiltie of other mens sins. A man may be guiltie of other mens sins; not onely positively, when he consents to them, councels them, incourages them, countenances them, and the like; but privatively also, when he indulges them, connives at them, &c. In this case, all the wickednesse others doe, it's You that doe it; you be the murtherers; and you be the Saboth-breakers, [Page 26] and you be the swearers; and you be the drunk­ard., &c. It's not they that doe it, it's you that doe it; it's the Court of justice that doth it. It's a sin of bloud. The sin of bloud, oh it's a fearfull sin; & if you erre in judgement, if you condemne whom God would absolve, or absolve whom God would condemne, you pull upon your selves the guilt of bloud; you take the bloud that lies upon others and lay it upon your own heads. Because thou hast let goe a man, whom I appointed to destruction; therfore, thy life shall goe for his life, and thy people for his people, sayes the Lord to Ahab. 1 King. 20.42.

2 Danger to others too; to the State, to the Kingdom. Take heed what you doe; you'l indanger the whole King­dome else; involve the whole Kingdom in bloud; be State murtherers, Kingdome-destroyers. And whereas if you had carried your selves religiously, piously, sincerely in your worke, you might have quenched the fire of Gods wrath, Psal. 146.31. you will kindle it more. And where­as had you executed judgement, you might have removed the judgements that are upon the Land; you will pull down yet heavier and sorer judgements.

It's a dreadfull place, that Amos 5. Yee who turne judge­ment to wormewood, and leave off righteousnesse in the earth; (ver. 7) I know your manifold transgressions and your mighty sins; You afflict the just, you take a bribe, you turne aside the poore in the gate from their right, &c. (ver. 12.) well, and what follows? Therefore thus saith the Lord of Hosts, Wailing shall be in all streets, and in all high places they shall cry Alas, Alas; and they shall call the husbandmen to mour­ning, and such as are skilfull in lamentation to wailing, (ver. 16.) And the day of the Lord shall be darknesse, and not light, even very darknesse, and no brightnesse in it. (ver. 20.) So Jeremiah 4. They judge not the cause of the fatherlesse, [Page 27] and the right of the needy doe they not judge, (ver. 28.) well, and what follows? Shall I not visit for these things? sayes the Lord, shall not my soul be avenged on such a nation as this? (ver. 29.) The want of due execution of judgement, puls down Gods heaviest judgements upon a Land. Take heed therefore what you doe, you will else undoe the whole King­dom. And will you be the persons that will undoe England?

Suppose God should yet disappoint all our hopes, and bring in all our fears, and fire and sword should overrun even the whole land, and the enemie should begirt our ve­ry walls, and we should heare the alarm of war in our very gates, and should see torrents of bloud running down our streets, our houses burning, our wives ravishing, our chil­dren dashing in pieces, and our selves running some of us to the tops of houses, others to the bottomes of cellers, to hide our selves from the murtherer, all in an uprore; London stretching forth her hands, and crying out to all the world, as Jerusalem once, behold and see if there bee any sorrow like to my sorrow; And in the midst of these sad combustions and confusions, your consciences should step in and tell you, (as the Prophet tells those filthy priests of old, Mal. 1.9.) This hath been by your means: England may thanke you for this; England might have been a Na­tion still, if it had not been for you; Religion, the gospell might have flourisht in England still, if it had not been for you; The worke of Reformation might have been carried on even to perfection, if it had not been for you. O how dreadfull would this be! where's the man whose very heart within him can choose but tremble to think, least he should be the man with whom it should be thus? Now the good Lord of heaven startle you, rouse you, awaken you! The good Lord of heaven make you serious in the busi­nesse! God will be dishonoured else; his wrath provoked; [Page 28] against your selves, against the Land; his people grieved; wicked men animated, encouraged, emboldened in their wicked ways. Maxima peccandi illecebra, impunitatis spes. Not a greater provocation in the world to sin, then hope of impunitie. And within, your consciences they'l accuse you. And without, the complaints & sighs, & groans, and tears of the oppressed, they'll cry to Heaven against you. And the oaths, blasphemies, drunkennesses, uncleannesses, propha­nations of the Lord's Day, &c. which you might have sup­pressed, and did not, they'll cry to heaven against you. And will not all this prevaile with you? Why I beseech you, by all that's dear to you; As you tender the glory of God; As you tender the safetie, and securitie, and prosperitie of this great Citie; yea, and of this whole Nation; As you ten­der the peace of your owne consciences; yea, and the eter­nall salvation of your souls; in the bowels of Jesus Christ I beseech you, Take heed what you doe.