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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And these are the Things which hinder pure Justice:

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

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

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

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

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

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

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

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

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

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

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

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

The fourth and last Rule is;

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

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