A sermon preached at the parish-church of St. Mary Saviour's in Southwark, at the Lent-assizes, Feb. 28, 1671 before the honourable Sir Thomas Twisden, and Sir William Morton, His Majesties judges of assize, and at the request of Ellis Crisp, Esq., high sheriff of the county of Surrey / by Thomas Horton, D.D.

A SERMON PREACHED BEFORE THE JUDGES The Eight and Twentieth of February, 1671. 2 Chron. 19.6.

And he ſaid to the Judges, Take heed what ye do, for ye judge not for Man, but for the LORD, who is with you in the Judgment.

THere is nothing more comely, or amiable, then when Worth goes together with Honour, and when Places of Truſt and Dignity meet with Perſons of Faithfulneſs and Integrity for the managing and diſcharge of them, from whence they prove to be mutually acceptable, and advantagious one to the other. This is that which is obſervable of us in the carriage and ſcope of this Scripture which we have now before us, where Jehoſhaphat the King of Judah finding it to be in ſome Reſpects requiſite and neceſſary for Him to ſet up certain Officers of State, and to appoint Judges in the Land, for the better ruling and governing of his Kingdom under himſelf: He does not content himſelf only to appoint them their Places, but he is careful alſo to mind them of their Duties, and to provoke them to care and diligence in theſe places which were impoſed upon them, and ſuſtain'd by them: That they might be the better inabled to give their Charge to others, he firſt of all gives his Charge to them, and lays a very ſtrict and ſolemn Injunction upon them. That ſo from the ſame Authority whence they received their Office it ſelf, they might likewiſe receive ſome kind of fitneſs and preparation for it; And be ſaid unto the Judges, Take heed what ye do, &c.

In which words there are two main parts conſiderable of us. Firſt, A Charge premiſed. Secondly, A Reaſon annext for the inforcing of this Charge. The Charge, that we have in theſe words, Take heed what ye do. The Reaſon annext in theſe, For ye judge not, &c. Or if ye will, we may invert the parts, and take them thus; Firſt, A Truth declared. Secondly, A Caution inferred upon the ſuppoſition and declaration of this Truth. The Truth declared in theſe words, Ye judge not, &c. The Caution infer'd in theſe, Take heed what ye do. So as the one is in the nature of the Doctrine, the other of the Ʋſe; And in this method and order ſhall I now with Gods gracious aſſiſtance take notice of them; I begin firſt of all with the former, which is the Doctrine or Truth declared, and this conſiſting of two Branches more; Firſt, The ſimple Prepoſition. Secondly, The additional Amplification. The Prepoſition, that ye have in thoſe words, Ye judge not for Man, but for the Lord. The Amplification, that ye have in theſe, Who is with you in the Judgment.

Firſt, Here is conſiderable of us the ſimple or ſingle Prepoſition, Ye judge not for Man, but for the Lord: This is that which is here aſſerted and declared concerning the Judges. But it ſ • ems to carry ſome kind of difficulty and intricacy with it, and therefore will require a little opening and explication of it to us, in what ſenſe it is to be taken by us. The Prepoſition it ſelf is of that nature as wherein the Parts are ſegregated and ſeparated one from the other, and accordingly we ſhall ſpeak ſeparately and diſtinctly of them. Firſt, By ſhewing how far the Judges do indeed judge or not judge for Man. Secondly, Shewing how far and in what reſpects they do judge for the Lord. For there is a Truth contained in both, being rightly ſtated and underſtood by us.

Firſt, To view it in the firſt reference, as it hath reſpect unto Men: Judges they do in a ſenſe, and in ſome ſort, judge even thus; They judge for Man, and that according to a twofold explication: Firſt, For Man, that is, by Mans Appointment, Hominum Inſtituto. Secondly, For Man, that is, for Mans Advantage, Hominum Commodo.

Firſt, For Man, that is, by the Appointment of Man: They judge ſo, and ſo they may judge: It is true, They are by Gods appointment chiefly, as we ſhall hear afterwards out of the Text, but they are by Man's alſo ſubordinately; and therefore even here in this preſent Scripture are ſaid ſo to be. In the verſe immediately preceeding, namely, the fifth verſe of this Chapter, it is ſaid, That Jehoſhaphat ſet up Judges in the Land, throughout all the fenced Cities of Judah, City by City. And ſo Moſes by the advice of Jethro, choſe able men out of all Iſrael, and they judged the People at all Seaſons, Exod. 18.25, 26. And ſo Samuel, upon the ſame account alſo he judged Iſrael all his Dayes, and went from year to year in Circuit, 2 Sam. 7.15, 16. Judges they are no new thing in the World, but have been long appointed, and that by Men themſelves: Therefore expreſly call'd in Scripture the Ordinance of Man, or Humane Creation, 〈 in non-Latin alphabet 〉 1 Pet. 2.13, 14. Submit your ſelves to every Ordinance of Man, for the Lords ſake, whether it be unto the King, as Supream, or unto Governors that are ſent by him. Theſe Governors, amongſt the reſt, are the Judges, who are there deſcribed, from the main ſcope of their Office, in reference either to Puniſhment or to Reward.

Secondly, For Man, that is, for Mans Advantage; They judge for man likewiſe ſo: for man, that is, for the good of man, and as that which is beneficial to him, for ſo it is. Judges, and the Diſpencers of Juſtice; they are of very great uſe and neceſsity in the life of Man, without which he could not well ſubſiſt or hold out in the World, nor indeed the World ſubſiſt it ſelf. Man by nature is ſo wild a Creature, and hath ſo much corruption and perverſneſs in his heart, as that without Judgment and Juſtice, People would be ready to deſtroy both themſelves and one another. Therefore we have very great cauſe to bleſs God for ſuch as theſe, and to ſubmit unto them, as being indeed our own greateſt Intereſt and Accommodation: For it is the happineſs of every thing which is inferior, to be in ſubordination to an higher than it ſelf, for the regulating and ordering of it: And the weaker that any thing is, by ſo much the more does it need the power of another to ſupport and aſſiſt it. Therefore the Apoſtle ſpeaking of the Magiſtrate, ſayes, He is the Minister of God to thee for good, Rom. 13.4. that is, he is ſo by his Place and Office in the proper nature and ſcope of it. And for good in the full latitude, and extent of goodneſs: God in mercy and favor to Man, hath appointed Magiſtrates and Governors to Rule him, and Judges to paſs Sentence upon him; and therefore accordingly hath commanded that they ſhould be acknowledged and prayed for by him, 1 Tim. 2.1, 2. I exhort that Supplications and Prayers, and Interceſſions and giving of Thanks be made for all men, for Kings and for all that are in Authority, that we may lead a quiet and peaceable life in all godlineſs and honeſty. Which word that, is to be taken not onely Intentionaliter, but Conſecutive; not onely as ſhewing the End or Reaſon why we ſhould make ſuch Prayers, but alſo as ſhewing the Effect or Conſequent of ſuch Prayers being made, and the good which does follow from ſuch Perſons for whom they are made. And thus have we ſeen in what ſenſe it does indeed hold good, That Judges do judge for Man; which is twofold, Firſt, For Man, that is, by Man's Appointment, Hominum Inſtituto. And ſecondly, For Man, that is, for Man's Advantage, Hominum Commodo.

It remains now further in the next place, that we ſhould look upon it in the Negative, and ſee how far it does not hold as it is declared to us here directly and expreſly in the very words of the Text, They judge not for Man: Now this, it may be thus far explicated and unfolded unto us; Firſt, Not for Man in an excluſive ſenſe, not for Man onely. Secondly, Not for Man in a Superlative ſenſe, not for Man chiefly. Thirdly, Not for Man in an Irregular or Inordinate ſenſe, not for Man corruptly; neither of theſe wayes for Man.

Firſt, Not for Man in an Excluſive ſenſe, not for Man onely: Judges they do in ſome reſpects (as we have ſhewn) judge for Man, but they do not judge for Man alone. There is an higher who is to be look'd at, and regarded in their Judgment; and whom accordingly it concerns them to approve and to acquit themſelves to; They may not think that when they have ſatisfied Men, and done that onely which they required of them, that they have diſcharged their Duty, but muſt conſider moreover, that they are anſwerable and accountable to God, who will alſo take an account of them.

Secondly, Not for Man in a Superlative ſenſe, not for Man chieſty: Judges they judge for Man, but in the ſecond place, not in the firſt; they judge for Man as the ſubject and object of their Judgment which it is exerciſed and converſant about; judge betwixt man and man, as the Scripture expreſſes it: But man is not the main End or Scope of their Judgment which it is carryed and directed unto, but a greater Perſon; they judge for Man in reference to God, upon his account, and ſuch conſiderations as theſe: And therefore we are required to ſubmit unto them for the Lords ſake, in the place before alledged.

It is a rule in the expoſition of Scripture, That Comparationes negativae non excludunt ſed praeponunt; That negative Compariſons they do not exclude one part, but prefer another: As for example, where it is ſaid, God will have Mercy and not Sacrifice; the meaning is not, that he will not have Sacrifice, but that (in ſuch caſes) he will rather have Mercy. So when St. Paul ſays of himſelf, That Chriſt ſent him him not to Baptize, but to Preach the Goſpel: It was not as prohibiting Baptiſme, but as preferring Preaching: Again, when it is ſaid of Servants, As doing Service to the Lord and not unto Man; it is not as excluding Man, but as extolling God: To the Lord, and not unto Man; that is, to the Lord rather than unto Man; and ſo here now in the Text, Ye judge not for man, but for the Lord; that is, not for man ſo much as for the Lord: Not for man in a Superlative ſenſe, for man principally or chiefly, ye judge not for man ſo.

Thirdly, Not for man in an irregular or inordinate ſenſe; not for man corruptly, ye judge not for man; that is, not for the meer will and pleaſure of man, Non Hominibus, i. e. Non Hominum arbitrio. Judges in the adminiſtration of Judgment are not to make it their buſineſs to pleaſe and gratifie men, or to do nothing but what may be acceptable and ſatisfactory to them. Theſe that thus ſeek to pleaſe ſuch, they are not the Servants of Chriſt, Gal. 1.10. Therefore what St. Peter ſpeaks in general of all Chriſtians, it holds more particularly and eſpecially of ſuch kind of Perſons, that they ſhould not live to the luſts of men, but to the will of God, 1 Pet. 4.3. It is a dangerous thing for any Perſons whatſoever to make men to be the abſolute rule and byaſs of their Actions, as being compaſt with very much infirmity: But it is to none more dangerous then it is to thoſe who are in Places of Judicature and Publick Government; to ſuch as thoſe it is more hazardous than to any other beſides. And therefore it is that the Scripture does lay ſo many ſtrict Cautions and Prohibitions to his purpoſe of having regard to man in ſuch matters as theſe are. Thus Levit. 19.25. Thou ſhalt not reſpect the perſon of the Poor, nor honor the perſon of the Mighty, but in Righteouſneſs ſhalt thou judge thy Neighbour. So Deut. 1.17. Ye ſhall not reſpect perſons in Judgment, but ye ſhall hear the Small as well as the Great: Ye ſhall not be afraid of the face of man, for the Judgment is Gods. Again, Deut. 16.19. Thou ſhalt not wreſt Judgment, Thou ſhall not reſpect Perſons. In all theſe places, and the like, is man excluded from an abſolute influence upon ſuch a cenſure as this is, as whereby it ſhould be regulated or determin'd And ſo are we now to take it here in the Text in this expreſſion before us, Ye judge not for man, that is, not for the fear of man, ſo as to be terrified by that. Ye judge not for man, that is, not for the ſavor of man, ſo as to be tickl'd by that. Ye judge not for man, that is, not for the fancy of man, ſo as to be led or guided by that: not for man; that is, not for mans luſt and humour, and extravagancy, and inordinate affection: Not for man in any caſe, ſo by any means. The word Man in Scripture-Language is ſometimes uſed as Terminus Diminuens, as carrying ſome kind of diſparagement and diminution with it. Thus 1 Cor. 3.3. Are ye not carnal, and walk as man, 〈 in non-Latin alphabet 〉 . And accordingly in this Notion is it conſiderable of us here in this place, as to the buſineſs in hand: And ſo ye have ſeen this paſſage in the full ſenſe and explication of it here, and in what reſpects it is here ſaid, That ye do not judge for man; that is, not for man onely but for the Lord alſo; not for man chiefly, but for the Lord rather; not for man abſolutely and indefinitely, and at large, howſoever conſider'd or qualified, but in ſubmiſſion and ſubordination to the Lord; for man in complyance with God, but not in contradiction to him, or oppoſition againſt him. And ſo much may ſuffice to have ſpoken of this Judgment in its firſt reference, as it hath reſpect unto man, which we have ſeen both in the Affirmative and Negative.

The ſecond reference of it is, as it hath reſpect to God, in theſe words, But for the LORD. And this as well as the former doth admit of various explications; we may take them briefly thus;

Firſt, For the Lord Authoritatively, by Warrant and Commiſſion from Him. They are appointed by man (as I ſhewed before) immediately, but by God originally. They take their Office firſt of all from Him, who is the Author and Owner of it: Therefore ſaith Wiſdome, that is Chriſt, who is the eſſential Wiſdome of the Father, Prov. 8.15, 16. By me Kings Reign, and Princes decree Juſtice: By me Princes Rule, and Nobles, even all the Judges of the Earth. It is ſaid in Judges 2.16. That the Lord raiſed up Judges, and 2 Sam. 7.11. That he commanded Judges: And here in the Text, it was not Jehoſhaphat only of himſelf, but probably by direction from God: Therefore, together with other Magiſtrates, they are call'd expreſly, The Miniſters of God, Rom. 14.4. Are ſaid to be ordain'd of God, which is accordingly made to be a ground for obedience and ſubjection to them.

Secondly, For the Lord repreſentatively, in the Lord's ſtead: Judges and Magiſtrates they are in the room and place of God, as Joſeph ſometime ſpake of himſelf to his Brethen, Gen. 50.19. And therefore ſometimes alſo have they the name of God faſten'd upon them, I have ſaid ye are Gods, Pſal. 82.6. They are Dii nuncupative, though not formaliter. And they are Dii participative, though not eſſentialiter: God hath ſtampt his own Power and Authority in part upon them, which they do execute for his ſake, and in reference to him: Therefore it was the Speech of the Lord to Moſes concerning Aaron his Brother, Exod. 4.16. And he ſhall be thy Spokeſman unto the People: And he ſhall be even to thee in ſtead of a Mouth, and thou ſhalt be to him in ſtead of God; that is, he ſhall be thine Interpreter; and thou ſhalt be his Governor, to reveal my will unto him, and Power to Command him: This is order'd in great goodneſs and kindneſs to the Sons of Men; Look as in the Work of the Miniſtry, it is a favour that God ſpeaks to us by man, and not by himſelf (Let Moſes ſpeak to us, and we will hear him, but let not God ſpeak to us, leaſt we die, Exod. 20.19.) So here as to the work of the Magiſtracy, it is a favour that God judges us by man, and not by himſelf: For ſo he does now here in this preſent World; indeed in the World to come, then he will judge men by himſelf more immediately, but for the preſent he does it by his Officers. Man is now judged by his Peers, who judge for the Lord, as repreſenting him in this Judgment, Domino, i. e. Loco Domini.

Thirdly, For the Lord effectually or intentionally, for the Lord's Interest: God hath therefore appointed Judges and Magiſtrates, and ſuch kind of Perſons in the world, that ſo from thence his own Honour might be preſerved more inviolably in it; That his Commands might be the more regarded, and his Laws might take the greater place in the Hearts of his People, Ye judge for the Lord; as by your places in the right diſcharge of them, ye bring more glory to God then other men do. The higher that any are in Place, the greater in Influence, and they have larger opportunities of doing good afforded unto them; which is indeed, if it be duely conſider'd, the greateſt excellency and advantage of them. Oh what a great deal of good hath a good Magiſtrate occaſion to accompliſh, for the reſtraining of Vice, for the promoting of Virtues, and every way for the advancing of the Name of God in the World! There is no man that does the leaſt good, but he ſerves the Lord in it in ſome meaſure: But thoſe that do ſuch good as this is, they do ſerve Him in it more eſpecically. Every Sin in the proper nature of it, but ſome more eſpecially ſtrikes at the very Majeſty of God, and oppoſes his Intereſt: Therefore Judges whiles they ſet themſelves againſt Sin, they do ſo far forth act for God; for the Lord Emphatically. And ſo now I have done with the firſt Branch of this firſt general, to wit, the ſimple or ſingle Propoſition in thoſe words, Ye judge not for man, but for the Lord.

The ſecond is the additional amplification, in thoſe, Who is with you in the Judgment: This is added, to make the Declaration ſo much the more conſiderable, and to quicken theſe Judges in this their Office, which was undertaken by them: But how does this hold good, and in what ſenſe is it ſpoken? Take it if you pleaſe thus,

Firſt, He is with you to behold you, to obſerve you, and to take notice of you: He is with you, that is, he is preſent amongſt you, and ſees all that is done by you; God ſtandeth in the Congregation of the mighty, he judgeth among the gods, Pſal. 82.1. Amongſt them, or in the midst of them, as the words run in the Text, where any Perſons are gather'd together in his Name, there is He in the midſt amongſt them. It holds good not onely of Eccleſiaſtical Aſſemblies, but alſo of Judicial. As for King Jehoſhaphat, who appointed and ſet up theſe Judges, He could not be alwayes or every where with them himſelf, nor have his Eye continually upon them: He could not perfectly take notice of the things which were tranſacted by them; but he tells them, That the Lord was with them, and ſo conſequently that he ſaw and beheld them, which was more conſiedrable to them, then any thing elſe: As his Eyes are with Kings upon the Throne, Job 36.7. So alſo with Judges upon the Bench, as being himſelf the chiefeſt of all: He is with you in the Judgment to behold you, That's the firſt.

Secondly, He is with you to aſſiſt you, and to inable you, and to be helpful to you: He is with you, not onely in your Perſons, but alſo in your Imployment, and in your Work, to promote you in it, and carry you through it. This is that which is requiſite and neceſſary to every buſineſs that we take in hand, which is of any conſequence; but more eſpecially in ſuch a buſineſs as this is, which we now mention. And it is that which is here graciouſly promiſed to ſuch Perſons as theſe are, in the exerciſe of their Judiciary proceedings: This we may conceive him to be two manner of wayes, Either firſt of all, by way of general and habitual Qualification: Or ſecondly, by way of actual and particular Aſſiſtance. The former, by inabling them for their work: The latter, by inabling them in it. And this latter as well as the former is that which is much to be prized and regarded by them: It is that which is very needful and deſirable in all other profeſſions & Employments beſides. For God is not onely to be with them remotely by a common and general Preparation, but alſo to be with them immediately by a particular concurrence. Thus (for inſtance) a Preacher, he does not onely need a qualification in general, for the work of the Miniſtry, but alſo God's aſſiſtance in every particular Sermon; Nor a Souldier does not need onely to be train'd up to the War in general, but to have aſſiſtance in every Battell: Nor a Phyſician to have Skill at large, and in the habit, but to have aſſiſtance as to ſuch a particular Patient, and to ſuch a particular Diſeaſe; And as is ſaid of our bleſſed Saviour, To have Power preſent with him to Heal. And ſo for Judges, and the Diſtributers of Juſtice, not only to be able men in the Law & Affairs of Judicature, conſider'd at large, but alſo to be aſſiſted by God in ſuch particular Cauſes, and in ſuch particular Caſes, and in ſuch particular Difficulties which are at any time brought before them. And this (as I conceive) is included alſo in his being with them; and from God in the mouth of Jehoſhaphat, intimated and declared unto them. That which is here rendred, In the Judgment, is in the Text Bidvar Miſhphat, which according to a different ſignification of the Hebrew word 〈 in non-Latin alphabet 〉 hath a double ſenſe with it: This word it ſignifies both Res and Verbum: And each of them very pertinent to the purpoſe in hand. God promiſing aſſiſtance to theſe Judges in each particular; Firſt, He is with you in re Judicii, that is, in the matter of the Judgment, as the Margin expreſſes it: He is with you to inable you to judge aright, and to diſcern of the Cauſe and buſineſs it ſelf which is offer'd and preſented to you. Secondly, He is with you in verbo judicii, that is, he is with you in the Sentence and Verdict which is given by you, and which comes from you. As in each of theſe you do need his aſſiſtance, ſo in each of theſe you have the promiſe of his aſſiſtance made over to you, upon your dependence upon him for it: He is with you, ſo as to aſſiſt you, and to inable you; That's the Second.

Thirdly, He is with you, to defend you; not only to ſtand among you, but alſo to ſtand by you, and to ſtand to you: This is that which is to be ſuppoſed and taken for granted, that thoſe who are in any kind hinderers and reſtrainers of Sin, they ſhall be ſure to have Enemies, Miniſters that reprove and condemn it, Magiſtrates that cenſure and puniſh it: And therefore accordingly will they need ſuch as may be Abettors to them. This is that which God himſelf does undertake here for theſe Judges; That he will thus be with them, and that according to a twofold injury, whereunto they are expoſed from thoſe who are Enemies to them: The one is of Reproach and Ignominy, the ſtrife of Tongues. The other is of Aſſault and Miſchief, the Hand of Violence: with reſpect had to each of theſe will God be with them to defend them: He will defend their Names, to juſtifie them, and he will defend their Perſons, to protect them, and to keep them from evil.

Firſt, Their Names to juſtice them, where they are careful to diſcharge their Conſciences, and to do that in good earneſt which is their Duty; they ſhall be ſure to have Him with them thus, ſo as to clear them, and to take off thoſe Scandals which are paſt upon them: While men ſeek to pleaſe men, and to curry favour with them, God does many times, in juſt Judgment, give them up to the cenſures of men, and make them more odious and abominable; But while they are careful to diſcharge their Duty, he does from thence clear their Innocency.

Secondly, Their Perſons to protect them; there are ſometimes deſperate People in the world, who by their inſolency, and violent attempts, would fright thoſe who are the Diſpenſers of Juſtice, from that which is to be done by them; but God himſelf takes care of them, and watches over them. Thoſe who are publick Magiſtrates, they are under a more ſpecial Protection; and thoſe Angels which are charged with others, do take more ſpecial charge of them then of any others beſides: God is with them, to defend and preſerve them on every ſide; to hide them in the ſecret of his preſence, from the pride of man, and to keep them ſecretly in a Pavilion, from the ſtrife of Tongues, Pſal. 31.20.

Thirdly and Laſtly, He is with you to bleſs you, and to reward you for that good which is at any time done by you: There's no man that does any thing for God, that ſhall be a looſer by him, but ſhall have it abundantly recompenc'd to him. Thoſe that are with Him, he will be ſure to be with them; and thoſe that Honour Him, He will Honour: Thoſe that are for him, to Serve him, he will be for them, to Crown them, and to beſtow a full Reward upom them; Ye judge not for Man, but for the Lord; and ye receive not from Man, but from the Lord, as that which is chiefly conſiderable. What ever good any man doth, the ſame ſhall he receive from the Lord, whether he be Bond or Free, Eph. 6.8. To be ſure he ſhall not loſe his Reward, nor his Labour be in vain. And therefore that which is here expreſt by Gods being with you, ſome Tranſlations render it, Quod in vos redundabit, that is, which ſhall at laſt turn to your own account. And thus have we ſeen how many wayes God is ſaid to be with thoſe who are his Servants, in ſuch buſineſſes as theſe are, To obſerve them, to aſſist them, to defend them, and to beſtow a bleſſing upon them: And accordingly it ſhews how far it is both to be purſued, and alſo acknowledged by ſuch kind of perſons, not onely to partake of Gods common and eſſential preſence, in regard whereof he is ſaid to be with all his Creatures; but alſo to partake of Gods ſpecial and gracious preſence, in regard whereof he is ſaid to be with thoſe who are his Servants and Children.

The ground and foundation of this, is Immanuel, who is, God with us: Firſt, With us, in our nature, which is reconciled to God in Chriſt, who hath taken it upon himſelf; and then with us in our Perſons, who are in Covenant with God through Chriſt, upon compliance with Evangelical Conditions: And then alſo laſt of all with us, in our Services and Performances, as coming from ſuch Perſons. And ſo now I have done with the firſt general part of the Text, which is the Truth declared: And that conſiſting of two Branches, Firſt, The Propoſition, Ye judge not for Man, but for the Lord. And ſecondly, The Amplification, who is with you in the Judgment. And this in the nature of the Doctrine.

The Second is the Caution inferr'd upon the Suppoſition and Declaration of this Truth, Take heed what ye do; and this in the nature of the Ʋſe. Now this again it may be looked upon by us two manner of wayes; Firſt, In its ſimple Injunction. And ſecondly, In its rational Inference. The ſimple Injunction, that is conſiderable in the words themſelves. The rational Inference, that is conſiderable in the connexion of theſe words with the other, knit together by the Cauſal For.

Firſt, To ſpeak of them as they lie in themſelves, and in the ſimple Injunction; Here's a Caution given to the Judges, To take heed what they do; where, by the way, before we go any further, give me leave to put in this, that when we ſay here to the Judges, we are not to take theſe Judges in the limited ſenſe only, but in the extended; nor in the Peculiar ſenſe only, but in the Comprehenſive; not only for ſuch Perſons as are the prime and principal in Judicature, and have the chief managing of it, whom we call by a ſpecial Eminency, The Juſtices of the Aſſize, (though theſe eſpecially) but alſo all others, who by their Places are any way ſubſervient or ſubordinate to them. Even they do likewiſe come within this compaſs, and have this Charge given unto them, Juſtices of Peace, Witneſſes, Jurors, Pleaders, and all others, whoſoever they be, who do any thing contribute to the adminiſtration of Juſtice: It is that which does indeed concern all men whoſoever at large. There's no man that does any thing at all, but it be hoves him to take heed what be does, becauſe every man is accountable to God for whatſoever is done by him: But it concerns thoſe who are the Diſpenſers of Juſtice, to take this heed above all others; for which cauſe they are called upon to do ſo: To take heed, and to ſee what they do, as the Hebrew word 〈 in non-Latin alphabet 〉 properly ſignifies, that is, to be well inform'd, and to have good Evidence for what is done by them

The giving of Caution, it does alwayes, or at leaſt, for the moſt part, ſuppoſe ſome kind of danger, which is incident to thoſe perſons to whom it is given, otherwiſe there were no need at all for the giving of it; Now there is a double danger which ſuch are expoſed to, who are imploy'd in the affairs of Judicature: The one is danger of miſcarrying, and the other is danger from miſcarrying. There's danger of miſcarrying, leſt they ſhould do ſo; and there's danger from miſcarrying, if they ſhould do ſo; where there is either or both of theſe, we do uſually give, and are willing to receive, Caution and Praemonition.

Firſt, Danger of miſcarrying, there's a great deal of this in this buſineſs: The work of Judgment is ſuch a nice and intricate buſineſs, and hath ſo many Difficulties and Perplexities oftentimes belonging unto it; that if there be not a great deal of care taken about it, it is the eaſieſt thing that can be to miſcarry in it. Beſides that, thoſe who are exerciſed in it, are for the moſt part lyable to great Temptations on every ſide; which do call for the greater vigilancy and circumſpection in them, and give them occaſion for looking about them in thoſe things which are undertaken by them.

Secondly, Danger from miſcarrying, there is much of that likewiſe in it, being a matter of very great conſequence and concernment in it's own nature. And this is a moſt ſure rule and obſervation, That thoſe things which are moſt excellent in themſelves, and right improvement, are commonly moſt dangerous in their miſcarrying and diſappointment: Thus it is here in this buſineſs whereof we now ſpeak, as to the administration of Juſtice. Foraſmuch as there is a great deal of good which comes (as I have ſhewen before) from it's proceeding regularly; there is conſequently a great deal of danger and miſchief inſuing from its prevarication; Danger to the Judges themſelves, danger to the Perſons who are judged by them, danger to the whole State and Commonalty it ſelf; not onely mens lives, but their Souls ſometimes hazarded by it. All which laid together, do give ground for this hint which is here exhibited to them, of taking heed what they do, which indeed we may take in the notion either of a Caution, or of a Commination; of a Caution or Admonition, that they might not do amiſs: And of a Commination or Threatning, if they did ſo.

Whiles it is ſaid here, Take heed what ye do; we are moreover to take this expreſſion, as in the full latitude and extent of Perſons (as I hinted before) that is to ſay, both of the principal Judges, and the ſubordinate; of themſelves, and of any other that are ſubſervient to them; ſo we are likewiſe to take it in the full latitude and extent of things, and of the Office belonging to ſuch Perſons to be diſcharged by them, where there are two things eſpecially as pertinent and belonging hereunto, and branches hereof: The one is as to matter of Condemnation, and the other as to matter of Abſolution; Theſe two eſpecially do make up the work of Judges, who to ſpeak in the words of the Apoſtle Peter to this purpoſe, are for the Puniſhment of thoſe that do Evil, and for the Praiſe of them that do well, 2 Pet. 2.13. And ſo the Apoſtle Paul ſpeaking of the Magiſtrate, and his Power: If thou doeſt well (ſayes he) thou ſhalt have Praiſe of the ſame. But if thou doſt Evil, he is an Avenger to execute Wrath, Rom. 13.3, 4. So then in reference to each of theſe Parts and Branches of Judicature, we ſee how this Caution lies, and how far forth it is to be underſtood by us: As it referrs to matter of Condemnation; So take heed what ye do there, that ye do not Condemn the Innocent: And as it refers to matter of Abſolution, ſo take heed alſo what ye do there, that ye do not aqcuit the Guilty; for there's a miſcarriage and danger in both: He that juſtifieth the Wicked, and he that condemneth the just, even they both are an abomination to the Lord, Prov. 17.15.

Firſt, Then take heed what ye do, that is, that ye do not condemn the innocent; Take heed of that, remember that of the Apoſtle Paul, which he hath to this purpoſe, That Rulers are not for a Terrour to good Works, but onely to the Evil, Rom. 13.3. that is, ſtill they are not ſo ex Officio, & by their Places, which inclines them otherwiſe: And therefore it is ſuppoſed, that thoſe who are good, ſhould not be afraid of their Power, becauſe in ſtead of being checked and reproved, and condemned by them, they ſhould rather (as it is there expreſt) have praiſe from them. Thus it ought to be in this particular, and for this purpoſe a great deal of care and heed to be had about it, leſt men ſhould fall under that cenſure which St. James faſtens upon ſome perſons, Ye have condemned and killed the Juſt, and he doth not reſiſt you, James 5.6.

Secondly, Take heed what ye do, that is, that ye do not acquit the Guilty: There's a Care to be had of that likewiſe. As Innocency is to be cheriſhed and protected; ſo is Vice alſo to be diſcountenanced and puniſhed, which is another branch of the Office of ſuch Perſons as are in place of Judicature, For the Puniſhment of thoſe that do evil, as was expreſt in the Scripture above-mentioned. This is that which lies upon them, to be careful of in themſelves, and to take heed that nothing may hinder them, or take them off from it; whether fear of Diſpleaſure, or hope of Reward, or remiſneſs of Spirit, or inordinate Affection, or what ever elſe we might name, as might be obſtructive hereunto: Although there is alwayes a tenderneſs to be had as to the managing of ſuch Cenſures, and a ſenſibleneſs of humane infirmity and common frailty; yet as for the thing it ſelf, it cannot be ſafely neglected or omitted by ſuch kind of perſons as are intruſted with it. There's a great deal of miſchief which follows upon the intermiſſion and reſtraint of Juſtice in this particular, when as convicted Offenders are not brought to condign Puniſhment: For from hence are men ſo much the more ſtrengthen'd and confirm'd in Sin, and incouraged to the Commiſſion of it, according to that of Solomon, Eccleſ. 8.11. Becauſe Sentence againſt an evil Work is not executed ſpeedily, therefore the Hearts of the Sons of Men are fully ſet in them to do Evil. Wickedneſs it improves from Indulgence, and the more that men are favour'd in it, the more earneſtly are they ſet upon it, and addicted to it; which makes ſo much the more for ſuch a Courſe as this is to be taken with it.

This Caution was never more ſeaſonable, then in theſe Times wherein we live, in which Sin is come to that height and extremity as it is amongſt us in all particulars; In Filthineſs, in Drunkenneſs, in Luxury, in Oppreſſion, and in all manner of Profaneneſs. And theſe alſo carryed on with an high Hand, with a brazen Face, with a bold Fore-head: The Impudence of Sin in this Age, makes it to be notorious and abominable; wherein People are ſo far from being aſhamed of it, as that they rather glory in it, and make their boaſts of it, counting it an advantage to them to make Others as bad as themſelves; becauſe they think that whiles Sin is more common, it will be leſs ſcandalous, as having many to plead for it. Give me leave to inſtance in one Sin amongſt the reſt, which there are very good Laws againſt, and it is pitty but they were put into Execution, and that is your common and profane Swearing and Curſing, and hideous Blaſphemy, whereby the great and glorious Name of God is in a moſt fearful and execrable manner rent and torn in pieces: We cannot paſs the Streets, but our Ears are ready to tingle at the hearing of ſuch horrid Oaths as are utter'd in every corner. A Sin which is the more intollerable, as it is leſs accountable, which men have nothing to ſay for themſelves in the defence of it, as having no provocation or temptation at all to it, but onely the naughtineſs and perverſeneſs of their own Hearts; who will be wicked becauſe they will be, and are reſolved in themſelves ſo to be, let there come on it what there will.

Now this does very much call for the reſtraint of thoſe that have Power to reſtrain it; An bainous Crime, and an Iniquity to be puniſhed by the Judges: To uſe that expreſſion, Job 31.11. and ſo for all other Sins beſides, which do come within their compaſs. This Caution here in the Text, it reaches them in this particular, To take heed what they do, yea, and to take heed what they do not do too, which is included alſo in it: For even ſimple omiſſions are very dangerous in ſuch caſes as theſe are. In times of common and publick Corruption, and the ſpreading of wickedneſs in the World, there are two ſorts of Perſons eſpecially which are very highly concern'd, and cannot eaſily diſcharge themſelves from Guilt, in the neglect of their Duties about it; Magiſtrates and Miniſters. Miniſters whiles they neglect to reprove it, they become guilty of it by their ſilence. And Magiſtrates while they neglect to puniſh it, they become guilty of it by their Indulgence. And it is an heavy and grievous thing to draw the burden of other mens Sins upon our ſelves, and to partake with them in them, which we do by our connivance at them.

Let us therefore all both one and t'other be awakened and exhorted in this particular, To take heed what we do; that ſo our examples may have an influence upon our Offices in the ſuccesfulneſs of them, and both together upon the good of the State and Kingdome wherein we live; which we are all of us concern'd in to preſerve it what we can in innocency, that we may preſerve it what we can from ruine: For Righteouſneſs exalts a Nation, but Sin is a reproach to any People, as it is in Prov. 14.34.

And moreover, let us look to our Hearts and Affections in all theſe things; which is eſpecially to be regarded by us. Take heed not onely what ye do, but how ye do it; which we are alſo for the fulneſs of the ſenſe to take in, as included in this Caution. Man looks to the outward appearance, but the Lord looks unto the Heart: It is poſſible to be very unjuſt even in the execution of Juſtice it ſelf, according to the ſpirit and principle which men are at any time carryed by in the diſcharge of it; for which reaſon it concerns them to be the more wary and watchful over themſelves. And ſo much may ſuffice to have ſpoken of this paſſage in the firſt view and notion of it, as it is conſiderable in the words themſelves, or ſimple Injunction.

The ſecond is, as it is conſiderable in the connexion of theſe words with the other, or in their rational inference expreſt in the cauſal For; becauſe, or foraſmuch, Ye judge not for Man, but for the Lord, who is with you in the Judgment; therefore, and upon this account and conſideration, Take heed what ye do: where again, we are to take the branches diſtinctly and ſeparately one from the other, and ſo the inference in each reference both to the propoſition and to the amplification: In reference to the propoſition thus, Becauſe ye judge not for Man, but for the Lord; For there is the force of an argument in both; therefore take heed what ye do, for that reaſon. Again, in reference to the amplification thus, becauſe the Lord is with you in the Judgment: Therefore take heed what ye do for that alſo.

Firſt, Take it in the firſt reference, namely, as to the propoſition, thus, Take heed what ye do, becauſe ye judge not for Man, but for the Lord: Where we may firſt of all in general take notice of the Topick or Nature of the Argument, which is here uſed; and that as taken not ſo much from Humane, as from Divine conſiderations; from God himſelf rather than from Man. And it gives us by the way an hint of the diſpoſition of each party; both of the perſon that uſed it, and of the perſons to whom it was uſed. Firſt, For the perſon that uſed it, which was Jehoſhaphat, we ſee what kind of arguments were moſt effectual with him, by what was uſed by him: There are ſome that would have dealt with theſe Judges upon civil and ſecular conſiderations, and in a way of Policy; but he deals with them rather upon ſacred and religious conſiderations, and in a way of Piety. Thoſe things which moſt prevail with men themſelves, they are apt commonly to urge upon others, from the ſenſe and efficacy which they have of them upon their own Hearts: And ſo here.

Again, For the Perſons to whom this Argument was uſed: Theſe Judges they were probably pious and religious men, and ſuch as truly feared God, or elſe Jehoſhaphat would never have uſed ſuch an argument as this was to them: Reaſons taken from Piety are inſignificant to an impious Heart, and carry no ſtroke at all of prevalency with them. Carnal and Atheiſtical people, who have no ſenſe of Religion at all in them, nor no ſear of God before their eyes; they will ſooner ſcoff and mock at ſuch arguments and reaſons as theſe, then be any thing moved or wrought upon by them. But theſe perſons here in the Text, as we may conjecture were better affected. And ſo this argument which was uſed unto them, it was proper for them: It was Argumentum ad Homines, though not Argumentum ab Hominibus. And this we may obſerve from the Condition of the argument in general.

Now to come more cloſely to it in particular, Ye judge not for Man, but for the Lord; therefore take heed what ye do: The argument holds good in this connexion upon a various conſideration, we may reſolve it into theſe following Improvements.

Firſt, Ye judge for the Lord, and it is He that imployes you; Therefore take heed what ye do, that ſo thereby ye may diſcharge your Truſt, and approve your ſelves to him chiefly who is your Maſter, and that ſots you on Work.

Secondly, Ye judge for the Lord, and it is He that is repreſented by you, and in whoſe place ye ſtand; Therefore take heed what ye do, that ye may do that which is every way ſutable and agreeable to ſuch an excellent Perſon as He indeed is: This Picture is to be like the Perſon; and the Image is as near as may be, to be proportionable to the Samplar. Thoſe who are Gods by Title and Appellation, as Magiſtrates and Judges are, they ſhould as much as poſſibly might be, be Gods alſo in property and diſpoſition: That ſo it may be ſaid of them as was it ſaid of Paul and Barnabas at Lyſtra, The Gods are come down to us in the likeneſs of Men, Acts 14.11. Seeing they bear the Name of God, ſuſtain the Place, repreſent the Perſon, they ſhould therefore, as near as they can, partake of the Nature, and ſo carry themſelves in point of Judicature even as God himſelf does. And thus we find it improved in the verſe immediately following the Text, the ſeventh verſe of this Chapter, 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. The Deputies and Vicegerents are to be true and faithful to the Perſons whom they repreſent.

Thirdly, Ye judge for the Lord, as the Perſon that is eſpecially aym'd at and intended in your Judicature; and therefore be careful that ye fall not ſhort of that main End whereunto ye are deſign'd; and eſpecially that ye walk not contrary to it. There is ſomewhat conſiderable in reference to Man, which in ſome reſpects might prevail with you to circumſpection and exactneſs in your proceedings. But this conſideration, which is taken from God, is the chiefeſt of all, and ſo moſt of all to be minded by you. For as old Ely ſpake ſometime to his Sons to this purpoſe in 2 Sam. 2.25. If one man ſin againſt another, the Judge ſhall judge him: But if a man ſin againſt the Lord, who ſhall intreat for him. And thus does the Inference hold good in its firſt reference, as it is carryed in the ſimple Propoſition, Ye judge not for Man, but for the Lord; therefore take heed what ye do, for that reaſon.

Secondly, It holds alſo in reference to the additional amplification, Who is with you in the Judgment, and that according to all thoſe explications which we have before given of it.

Firſt, He is with you to behold you; therefore take heed what ye do, as thoſe who are accountable to him, for that which ſhall be done by you Thoſe who are now Judges of others, they muſt hereafter be judged themſelves, and together with thoſe whom they judge, ſtand perſonally before Chriſt's Tribunal: Whereof theſe inferior Judicatures are both a Repreſentation, and alſo an Aſſurance. Therefore there are ſome Tranſlators who thus render thoſe words of the Pſalmiſt, Pſal 82.1. where it is ſaid, He judgeth among the Gods: They read it, In the midſt he will judge the Gods. Intimating thus much unto us, That the great God of all, he will judge theſe little and petty gods, which now have his Name upon them; And ſo he will.

Secondly, He is with you to aſſiſt you, Therefore take heed what ye do, as careful to improve that help and aſſiſtance which he offers to you: Inablement is an ingagement to performance, and the more help at any time we have, the leſs excuſable are we in ſayling of that Duty which is required of us.

Thirdly, He is with you to defend you; Therefore take heed what ye do, that ſo ye may give him occaſion to defend you ſtill, and teſtifie your thankfulneſs for his former defending of you: His protection is not to make you the more ſecure, but rather the more careful.

Laſtly, He is with you to reward you; Therefore take heed what ye do, that ſo he may beſtow a full reward upon you: That when the chief Judge of all ſhall appear, you alſo may appear with him, and receive a Crown of Glory that fadeth not away: Even a Crown of Juſtice and Righteouſneſs, which the Lord the righteous Judge ſhall give you in that day; and not to you onely, but alſo to all them that love his appearing. And thus ye have the Caution inferr'd upon the Truth declared, and the Ʋſe which follows upon the Doctrine.

Now there is but one thing more behind, which yet is very conſiderable, for the better inforcing of all the reſt; which though it be first in the order of the Text, yet I have reſerved it to the laſt, as carrying a very good cloſe with it. And that is the Preface or Introduction, in theſe words, And he ſaid unto the Judges, which hath the greater Emphaſis with it, as it does exhibit to us the Perſon by whom this Charge is given; And that is Jehoſhaphat, who muſt not be omitted by us; we may look upon him as conſiderable of us, under a various Reduplication, and that alſo very pertinent to the matter and buſineſs in hand.

Firſt, As he was a good Man, and one that did himſelf take heed what he did, therefore he might the better call upon others to do ſo: Guilt is an obſtruction to Duty, and eſpecially to good Counſel, both in the performance, and alſo in the ſucceſs. But thoſe who are themſelves careful and exact in their own Converſation, they may with the greater freedome and confidence adviſe others; and their advice will from thence prove to be the more effectual.

Secondly, As he was a great Man, and one that had the command of them: He was a King, and where the word of a King is, there is power, Eccleſ. 8.4. Not onely theſe Judges Piety, but their Loyally was concern'd in this buſineſs. Good Counſel it would not be rejected from the meaneſt perſon; but when beſides the preſſing matter and nature of the things required, there ſhall be an acceſſion of the Authority of the Magiſtrate alſo requiring them, there is a double ingagement. As one who may in Chriſt enjoyn that which is convenient, Philemon 8.

Thirdly, As he was the Perſon that inſtituted, and ſet up theſe Judges: It was he that gave them their task, that injoyn'd them, and put them upon this Service. Therefore he thought himſelf ſo much the more concern'd in their ordering and managing of it. Thoſe that at any time put others into Places of Truſt and Publick Imployment, whether of Magiſtracy or Miniſtry, are ſo much the more ingaged in their faithful diſcharge of them, as they are themſelves occaſions of them to them, as undertaking them upon their account.

Fourthly and Laſtly, As he was one that had lately received a check from God himſelf, for his own ſinful compliance, in the ſecond verſe of this Chapter: He was from hence now ſo much the more careful to warn and admonish others. Thoſe who have at any time felt the ſmart of Sin in their own Conſciences, will be the more ſollicitous to keep off their Brethren from falling into the like miſcarriages with them, and the ill conſequents of them.

And thus now have ye this whole Text in the ſeveral parts and branches of it, both the Preface and the Principal Matter. The Charge which is given, with the Perſon giving this Charge, and from both together a ſpecial ingagement upon the Perſons to whom it is given: Here's no place for any excuſe, or evaſion of Duty. They could not plead Ignorance, that they did not know it, for they are here inſtructed. They could not plead Forgetfulneſs, that they did not mind it, for they are here admoniſh'd: And not onely theſe perſons themſelves, but all others in the like places with them; they may take theſe words of the Text as ſpoken to them, and make uſe of them. That as I began, ſo I may end, Take heed what ye do, for ye judge not for Man, but for the Lord, who is with you in the Judg-ment.

FINIS.