AS the Proverbs and Sayings of the wise Author of this Book are gene­rally remarkable for being distinct and independent of each other; so they are no less remarkable for being often figurative, and of a very strong and extensive Meaning. So the Words of this Text; tho' they can li­terally signifie nothing but the Odiousness of a false Weight or Balance in particular, yet they have truly and naturally a more en­larg'd and diffusive Sense, and do imply the Odiousness not only of false Weights and Balances, but likewise of all Things of the like Nature and Consequence; of all unfair and unfaithful Actions, of all unequal and injurious Proceedings, and of all false and irregular Distributions of Justice. In sum, this Text, according to the general Meaning of its Words, does enjoin that great Vertue and Duty of Justice; a Quality which is in­separable [Page 2] from, and essential to the Great Judge of Heaven and Earth, and is as in­dispensibly necessary for the Subsistence and Well-being of Mankind in this World, as for their eternal Felicity in the next.

But tho' these Words do strictly prohibit all false and unequal Distributions of Justice both in Private as well as Publick Persons, yet they are not so properly to be extended to all Kinds of Injustice whatsoever. They relate indeed to the most and worst Kinds of Injustice, but not so positively and directly to all. For, as it has been observ'd by many, there are Two several Kinds of Injustice; the One open and bare-fac'd, without any Co­verings for its native Crookedness and Defor­mities; and the Other secret and disguis'd, so cunningly cloath'd and adorn'd, that it appears like Justice its self: The One depends chiefly upon Force and Power, and the Other upon Treachery and Infidelity: The Former carries no Pretence with it besides that of gra­tifying and profiting the Actor, and the Lat­ter has always the plausible Appearance of doing Justice to the same Person it really in­jures. Now the Words of my Text are de­sign'd to manifest the Odiousness and Hai­nousness of this latter Kind; and do elegantly [Page 3] represent it under the Notion of a false Ba­lance. For a false Balance is always made use of under the plausible Pretence of doing of Justice, tho' it has a contrary Effect; and whensoever it wants that Pretence, the Un­fairness is detected, it loses its original Design, and consequently ceases to be injurious.

To make a fuller and clearer Distinction be­tween these two Kinds of Injustice, we may observe, That to the former Kind belong all Rapines and open Violence, all Robberies and Murders, and all unjust Plunderings and Devastations; to which we may add all those particular Acts of Injustice which our Laws call Thefts. These last indeed are generally transacted with the utmost Privacy and Se­crecy, yet the Injustice is undisguis'd and bare­fac'd, and they are not done with the Pretence of doing of Justice to those Persons they in­jure; nor have they the same treacherous and pernicious Circumstances as belong to the latter Kind of Injustice, of which I am prin­cipally to treat.

This latter Kind, setting aside Murders and Violence offer'd to Mens Bodies, is no less hurtful and injurious than the Other, and at the same time more deceitful and ungenerous; consisting of such particular Acts of Injustice [Page 4] as have always a fair, and very often a lauda­ble Appearance. So that this is not bare and simple Injustice alone, but Injustice mix'd with, or wrapp'd up in some Act of Dissimu­lation, Infidelity, and Villany. Of this Kind are all false Weights and Measures, all Cheats and Over-reachings in Bargains, all Breaches of Trust and Infidelity, with an infinite Num­ber of others of the like Nature; only we must not omit all unequal and false Distribu­tions of Justice, especially by such to whom the Administration belongs, and where a ge­neral and publick Good is concern'd.

Having thus distinguish'd between these two Kinds of Injustice, and shown that there is a manifest Difference, it will not be impro­per to my present Design to compare them together, and to examine which is the most hainous of the two, and the most detestable in the Eyes of God. And I question not but I may easily make it appear, that the Latter, which is the Subject of my Discourse, is of a far more criminal Nature than the Former, and is therefore emphatically said to be an Abomination to the Lord.

This Kind is more abominable than the other, First in its Nature, and Secondly in its Consequences.

First, It is more abominable in its Na­ture: And it will appear from the former Distinction, That this is a Complication of Crimes and Mischiefs, whilst the other is only Simple Injustice. This is a Mix­ture of many Impieties together, and those of the meanest and basest Kind; the O­ther is only one single Act of Wickedness, without any Concomitants of Treachery and Infidelity. Open Violence and Robberies have sometimes the Appearance of Courage and Bravery, and have some Resemblance of the Acts of Heroes; but the Other are al­ways vile and ungenerous, and will ever be accounted the Acts of Villains. But to set the Comparison in a truer Light, and to give neither of them any specious Names, the Former resembles the Actions of a savage Beast, that cannot exceed the Bounds of its own Strength; but the Latter the Subtleties of the Devil, of whose Artifices we know no Limits.

Smaller Thefts are indeed of a meaner and more ungenerous Nature than open Robbe­ries, yet still they are generally as unmix'd, and are bare Acts of Injustice without any Pretence of Fairness and Fidelity. He who privately steals my Goods, or picks my Pocket, [Page 6] does a great Act of Injustice, but he does me no other Injury than the Value of the Goods or Money amounts to, and adds no other Sin to this: But he who cheats me in his Shop by false Weights, false Stories, and false Repre­sentations, does the same Injustice and Injury to me as the other; but then, as an Addition to his Crime, he picks my Pocket more ex­quisitely and securely, imposes upon my Un­derstanding and common Faculties, and joins Lying and other Sins to his Injustice. So that it is apparent, That this Kind of Injustice is far more criminal in its very Nature than the other; not only because it is viler and more base, but also because it has the Addition of many other Crimes and aggravating Circum­stances from which the other is free. But,

Secondly, This Kind is more abominable than the other in its Consequences; one of which is, That we have far less Security against these Kind of unjust Actors, than we have against the other; so that the Mischiefs of it are more certain and inevitable, which is always a Circumstance that makes a Crime more odious in the Presence of God. Force can repel Force, but it cannot repel Treachery. We have Arms to stop the Fury of Robbers, Locks to prevent the Pilferings of Thieves, [Page 7] and strict Laws to secure us against the Incon­veniencies of both; which, God be thanked, has been so effectual, that our Nation in ge­neral has not suffer'd any great and extraor­dinary Mischiefs from either: But no Arms, no Locks, nor no Laws can secure us from the various Mischiefs and Subtleties of a thorow-pac'd Villain. Nay, Laws will give us no Relief in many common and notorious Acts of Injustice. If a poor Wretch steals a small Quantity of Goods, perhaps to cover his Nakedness, or to satisfie his Hunger, he shall certainly be punish'd for it: But ano­ther Person shall be permitted to steal what he pleases in his own Shop, in his Bargains, and after the like manner, without any Pu­nishment or Censure from the Laws.

Now what is the Reason of the Diffe­rence, but only this? One is accounted Theft according to Law, and the Other not. But this makes not the Crime the less, but the greater before God; who judgeth not as Man judgeth, but reserves such Cases as these for his peculiar Judgment and Punishment. I speak not this to extenuate the Actions of Thieves, or to expose any Deficiencies in our Laws, which I grant cannot be made to reach all unjust Actions; but to show, That this [Page 8] Kind of Injustice is more hainous before God, not only in its Nature, but likewise in its Con­sequences; since the Mischiefs and Inconveni­encies of the one are more unavoidable than those of the other. Upon which Account it is, that God, as I just now hinted, does in a great measure reserve Cases of this Nature for his own peculiar Tribunal in the last and dreadful Day; and therefore he has more fre­quently, and with greater Threatnings mani­fested his Displeasure against this Kind of In­justice than the Other; and particularly in the Words of my Text, where we are told, That it is an Abomination to Him; a Word that im­plies an extraordinary Degree of Hatred and Detestation.

But now to approach a little nearer to this present Publick Occasion.—If all Acts of In­justice be odious in God's Sight, even in the meanest and most private Person, and espe­cially such as are wrought by secret Springs, and under the Pretence of doing of Justice; then certainly those must be exceedingly hai­nous before God that are done by Publick Persons, and in a Publick Capacity, whose Employment it is to establish all Things with the utmost Impartiality, and to see that no Injustice be done in a Nation. I hope I of­fend [Page 9] not, if I say, that I now mean the Judges of the Kingdom; Persons from whom we receive inestimable Benefits and Advantages, and such as keep up the vital Heat and Vigour of the State, purging it from all malignant and corrupted Humours. In these are repos'd a vast and mighty Trust; and being plac'd in such exalted Stations, they never want Op­portunities of doing of much Good or much Injury. But considering the innumerable Frail­ties of Humane Passions and Inclinations, they often meet with great Temptations to mislead them: And tho the Greatness of their Dig­nities, and the Plentifulness of their Revenues, may well be suppos'd to set them above all common Attacks, yet it must be their Vertues alone that can secure them against such as are Extraor dinary. Therefore the good King Je­hoshaphat, when he set Judges over the Cities of Judah, gave this most remarkable Charge to them; Take heed what you do; for ye judge not for Man, but for the Lord, who is with you in the Judgment. Wherefore now, let the Fear of the Lord be upon you, take heed and do it: for there is no Iniquity with the Lord our God, nor Respect of Persons, nor taking of Gifts, 2 Chron. c. 19. v. 6, 7. There cannot be a greater Motive and stronger Argument than the [Page 10] Words of these two Verses: And were I to enter upon them, and insist upon all their Particulars, I shou'd seem to deviate too much from my first Subject and Design, which was to say something of the Cares and Duties not only of Judges, but likewise of all such Of­ficers and Persons who depend upon them, and are concern'd in this present Publick Occasion.

And here I might not improperly insist up­on those great Conveniencies and mighty Ad­vantages which the Nation receives from these publick Meetings and Administrations of Ju­stice; and what Good the Judges and their Ministers are capable of doing. And more especially I might insist upon those several Acts of Injustice which are sometimes done by Judges themselves, but more frequently by Lawyers and Officers of the Court. These do most properly belong to my present Subject and Occasion: But to search and to dive into all these Particulars, as it is a Task exceeding tedious, and almost endless, so it is likewise an Office very ungrateful to some, and will be thought unmannerly by others. However, I crave leave to say something concerning two Particulars, both of which are exceeding Grievances; yet they are by many vindicated, [Page 11] and look'd upon as Matters not in themselves unjust. They are,

First, Delaying and deferring of Justice when it is really due: And,

Secondly, Knowingly to undertake and manage an unjust Cause.

The first Particular belongs principally to the Judges, and the second to the Lawyers and Officers; and the One is frequently the Cause of the Other.

1. Delaying and deferring of Justice when it is really due. This, with Submission, I take to be a notorious Piece of Injustice. For, whensoever it is in the Power of the Judge and the Court to do a Man Justice that sues for his real Rights, and they wilfully defer and delay it, it is undoubtedly unjust, and an Abomination to the Lord. The detaining and keeping a Person from his Right, is a manifest Injury to him, and sometimes occasions the Loss of it at last; but very often it makes it so inconvenient and burdensom to him, that it wou'd have been as well, or perhaps better for him to have lost it at first. Whether this growing Mischief has arose from the Number and Variety of our Laws and Cases, the na­tive Liberty of our State and Constitution, the Methods and Practices of the Courts of Judi­cature, [Page 12] or from the unreasonable Compliance of the Judges themselves, or from all these together, I shall not pretend to determine. For my own Part, I shall only take the Free­dom to say, That the Tediousness of many of our Law-Suits, and the frequent Difficul­ties of obtaining Justice, are become a Bur­den almost insupportable to this Nation; and a Burden from which many barbarous, and I may add, inslav'd Nations are in a great mea­sure free. These Regular Proceedings are ac­counted the honourable Badges and Tokens of our Liberties; but as they are often ma­nag'd, they are grown so heavy and grievous to us, that Fetters and Chains are almost as eligible.

I must confess, that these are Mischiefs and Misfortunes that do chiefly attend the most civiliz'd and polite, as well as the most free and easie Governments. For in the Beginning and Infancy of Kingdoms and Common-Wealths, the Laws are generally few and strict, the Suits easie and soon determin'd, so that Justice is continually done without any Trouble or Burden. Then Justice is a Lady free and generous, modest, yet easie of Access, and ready to assist all that sue to Her. But when Dominions and Policy, Laws and Ordi­nances, [Page 13] Arts and Sciences, and Riches and Vices encrease, then Justice is disguis'd, and attended with such numerous Trains, and must be waited upon with such Variety of Forma­lities and pretended Regularities, that but few can be able to approach her Presence. The Poor cannot purchase their Way through her Attendants, but must be satisfied without her Assistance.

Now it is generally acknowledg'd, That nothing so much enervates the Strength of a State, and relaxes the Sinews of a Govern­ment, as slow and dilatory Proceedings in Matters of Justice. They fill the Body Po­litick with ill and unwholesom Humours for want of Exercise and Evacuation, and do in a great measure make the Blood and Spirits to stagnate. They make Way for all Kinds of Corruptions, and all Kinds of vile Practices; and have been the Cause of the Decay and Mortality of the greatest Empires and Com­mon-Wealths in the World.

The Danger of these was soon discover'd by the great Emperor Vespasian, who when he came to reform and revive a corrupted and sinking Empire, he found it absolutely neces­sary to regulate the Tediousness of Law Suits, and to retrench the innumerable Processes and [Page 14] Appeals in the Courts of Judicature; without which the State it self must have suffer'd. His Example was happily follow'd by his excel­lent Son Titus, and also by the renowned Tra­jan, who besides these Regulations, utterly ex­terminated all the Delators, Promoters, and Pettifoggers in Rome, and put them to all Kinds of ignominious Punishments, as the Pests of the City, and the Disturbers of the Publick Peace. The Care and Wisdom of these Princes recover'd the State, and kept it alive for some Ages longer than cou'd have reasonably been expected. To descend to a more modern Instance, I might mention the present Turkish Empire, which is acknowledg'd by all to be overgrown with such notorious Corruptions and Briberies, and to abound with such Flaws in Policy, as are sufficient to sink that or any other State: Yet we are as­sur'd by the most skilful Politicians, That this Empire is kept up by almost one Thing alone; which is, The extraordinary quick Dispatch in all Matters of Justice. This does in a great measure set all Things right, and makes Amends for all the other Errors and false Steps in the Government.

I do not pretend to propose any of these Examples for our own Imitation, but only [Page 15] mention them to show the fatal Mischiefs of dilatory Proceedings in Justice, and the Ad­vantages of the contrary Practices. And for that I might produce great Numbers of In­stances; but I am satisfied that I need not ap­peal either to History or Example, to prove so manifest a Truth. It is sufficient for me to show, That these are real Acts of Injustice, and are never to be allow'd when it is in the Power of Judges and Magistrates to prevent them. And I may add, That tho' Judges al­ways act by a limited Power, which the Laws themselves do sometimes streighten to an in­convenient Degree; yet still they have a Pow­er of Relieving, if not Remedying these Mis­chiefs in most Cases. I hope I reflect upon none here present, when I say, It is a Shame to good Men, and a Wonder to wise Men, That such frivolous Pleas, and such ridiculous Niceties shou'd be urg'd and allow'd in Courts of Judicature, as we often find; and all this to ward off a present Blow, and to hinder a Man as much as possible of his real Rights and Estate. This may truly be call'd a false Balance and an Abomination: For this is doing a Person an Injury, and then showing him Law for it; which is abusing him besides, and likewise scandalizing and profaning our Laws, [Page 16] which were never made to do or countenance any Piece of Injustice. Now one great Cause of these tedious and unreasonable Processes in Law, is,

2. The Other Particular which I propos'd to treat of: Which is, Knowingly to under­take and manage an unjust Cause.

Now this is a Matter that does not so pro­perly belong to Judges of Courts, as to Plead­ers and Advocates; and it is so frequently pra­ctis'd in all Courts, that by many it is not only thought to be no Sin, but a Thing very convenient and necessary. But I am satisfied that nothing is more easily prov'd than the In­justice and Sinfulness of such Practices. For he who knowingly promotes and willingly joins with a Person in an unjust Cause, is no less guilty than the Person himself, and very often more; for the Client is not so proper a Judge of the Justness of a Cause as the Coun­sellor is. How often does a just Cause and a just Man suffer by these Means? When a Pleader shall employ the utmost of his Elo­quence, Wit, and Learning, to promote a manifest Piece of Injustice, and to ruin ano­ther Man's just Rights? A Thing which, God knows, has too frequently succeeded in this Nation. This is the more dangerous and [Page 17] fatal, because Quirks and Artifices are never wanting to disguise the Justice of the Matter, and to gild over the Blackness of the Crime, which are sometimes subtle enough to con­found the greatest Lawyers and Judges them­selves.

But it is commonly alledg'd and objected in the Case, That Pleaders and Advocates need not concern themselves with the Justice of a Cause; but it is their sole Employment to assist their Clients, and do them what Service they can: So that if the Cause be bad, it is their Client's Fault, and not theirs, who only act according as their Business and Professions lead them.

In answer to which Objection, I must take leave to assert, That no Mans lawful Business and Employment can necessarily lead him to commit an unjust Action: And to say, He is oblig'd to it by his Profession, is a notorious Reflexion upon his Profession; which is to suppose that his Profession obliges him to do that which God himself has always prohibited. But to put this Matter beyond all Dispute, I wou'd demand of Him who knowingly pleads and promotes an unjust Cause, Whether he enters upon it with an Expectation of carry­ing it, or not? If he expects and endeavours [Page 18] to carry the Cause, he then does Injustice to the contrary Party whom he opposes, by hin­dering or endeavouring to hinder him of his real Right: If he does not expect to carry it, he betrays and injures his own Client, which is no less unjust than the other. So that take it either Way, tho' it may sometimes be pal­liated and extenuated, it can never be vindi­cated. And it is a Surprise to good Men sometimes to see Persons of no common Parts and Learning standing up openly and before the World, to smooth over an odious Cause, and vindicate an Action in its self manifestly unjust. This indeed is sinning with Security, and without Shame; and acting wickedly without either Fear or Remorse. Certainly such Pleadings must prove mightily to their Disreputation, and be a great Hinderance to their Business and Professions. But I hope, and am fully perswaded, that this Audience is free from such Persons as I am condemning; therefore I wou'd not be thought to reflect upon any here present.

Having briefly gone through these two Par­ticulars I propos'd, I shall omit many other unjust Practices that are too frequent in Courts of Judicature, and shall only observe in gene­ral, That all such Acts of Injustice as are done [Page 19] in publick Courts, and by publick Persons, are of the blackest Dye, and the most odious before God; being always of a higher Concern, and of a more pernicious Consequence than the unjust Actions of private Men. Judges and Magistrates have the Stamp of Heaven upon them, and in their Distributions of Justice do in some measure represent the great Judge of all the Earth. Now if They, who are set up purposely to do Justice to others, shall commit any Errors, and make any false Steps, as they are most injurious to the Publick, so they are most dangerous and fatal to themselves; and the greater and more exalted the Persons are, the more hainous are their Crimes.

Tho the Actions of Judges and Magistrates are seldom publickly censur'd, and more rarely punish'd in this World, yet the Supreme Judge of all Men will remember them, and do them Justice too, by making them eternal Examples of his Wrath and Vengeance. When that terrible Judge shall at the last great Day do Justice to all Mankind; when all the Mysteries of Iniquity shall be unfolded, and all Mens secret Thoughts and monstrous Imaginations be expos'd in their native Deformity to the World; then shall the Actions of all unjust Judges, Magistrates, and Officers be laid open in the most publick and exemplary Manner, and be punish'd, not as the [Page 20] Actions of Single Men, but as the Crimes of whole Societies. To whom much is given, much will be requir'd; and a Man had a thousand times better be an Ideot, a Natural, and the most vile and despicable of all Humane Kind, than by his great Parts and Learning to raise himself to the highest Stations, and act contrary to his Trust. Parts and Learning are most dangerous Engines when misapply'd; and a Man had far better be without them, than to abuse them. To speak in the plainest Terms, A Man had much better be a Fool than a Knave; tho' the former is gene­rally more despicable in the Eye of the World. For Folly is only a Misfortune, and the unhappy Effects of meer Nature; but Knavery is a Mon­ster begotten by the Devil, which will certainly carry a Man to the black Place where it had its Birth.

To conclude all, The Matters that I have in­sisted on are of the highest Importance, both to the Honour of God, and to the publick Peace of the Nation; and as I have taken the Freedom to speak some Truths without Fear or Com­plaisance, so I hope I have spoken them without either Rudeness or Indecency.

Now to God the Father, to God the Son, and to God the Holy-Ghost, be all Honour and Glory, now and for evermore. Amen.