The judges charge; delivered in a sermon before M. Justice Hale, and M. Sergeant Crook, judges of assize, at St. Mary-Overies in Southwark, Martii 22. 1658. As also setting forth, the necessity of magistracy, for the weal of a people. With a serious item and admonition to all unruly spirits, that despite dominion, and resist the ordinance of God. By Rich. Parr, M.A. sometimes Fellow of Exeter-Colledge in Oxford, now pastor of Camerwel in the county of Surry.

The Text. 2 Chron. 19.6, 7.

6. And ſaid unto the Judges, Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgement.

7. 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 gift.

YOu have in this Chapter, a Model of good Government, and a Syſteme of an Aſſize-Court, both for perſons that are to act, and things that are to be determined in this Court of Judicature.

1. You have God the Supreme King and Law-Giver, in whoſe Name all juſt Laws run,Iſa. 33.22. and by whoſe Command all good Laws muſt be executed juſtly for his Honour.

2. You have likewiſe mention made of Jehoſaphat, an upright man (for the main) and religious King, next under God Supreme over Judah, v. 1. who was (as all good Kings ſhould be) very circumſpect at this time, and careful about reformation of what was amiſs both in Church and State; and in it, he had an eye to God's Honour, and the peoples good, both for Body and Soul: ſee v. 4.

3. And becauſe the burthen was great, too great for one Man to bear well, and the Abuſes to be reformed many, he choſe certain Men, Men of wiſdom and integrity, to put good Laws in execution; and theſe are called Judges, v. 5. perſons entruſted under him, the King, with the Adminiſtration of State-affairs; to whom he gives ſtrict charge, in the Name of God, to execute true juſtice, to advance to the utmoſt of their power, the honour of God, and weal of the State, in ſubordination to God, without any reſpect of perſons, but onely to God, as v. 5. And he ſet Judges in the land, throughout all the fenced cities of Judah, city by city.

4. There is mention made of other Officers who are appointed to ſerve the deſigne of Reformation and juſtice, which were to wait on this buſineſs, v. 11. Alſo the Levites ſhall be officers before you. So much for the perſons that arc to rule in a good State, and to execute juſtice.

Secondly, you have the matters which are to be enquired into, and determined in and by this Court of Judicature.

1. Matters of civil controverſie between man man, doubtful and diſputable, about Titles, Bargains and Contracts, which are brought to the Court, not yet determined or agreed on. And this I take to be the buſineſs of your Court of Niſi prius, v. 8.

2. Matters Criminal, of higher Miſdemeanors, Murders and Felonies, Treaſons or Blaſphemies: and this ſeems to be the concernment of that Court of Life and Death, v. 10. between blood and blood.

And the ſame all-knowing righteous God ſits over both Benches, and is with you in the judgement of each perſon and cauſe. This is an High Court of juſtice, and we need no other Court of High-juſtice.

3. Then thirdly, there is another buſineſs for the Judges to do at this Court, to receive complaints of Grievances, and to ſee them redreſſed, and to look to the ſtanding-Magiſtracy of the reſpective places where ſuch are to be reformed, to execute the Laws in ſuch caſes provided for the weal of the Publick: ſee v. 10. Ye ſhall even warn them that they treſpaſs not, &c.

And this may likewiſe include the Judges charge to the grand Inqueſt about Preſentments and about Oaths, and to Deponents and Witneſſes, that they trepaſs not by connivances or falſe accuſations, and falſe witneſſing in any of the matters before them in the judgement: for as your charge is ſtrict, ſo ſhould you give a ſtrict charge to others; for it concerns you, as you ſhall heat anon.

And ſo you have the Analyſis or Reſolution of this Chapter, at leaſt ſo much as concerns the Judges commiſſion, place and office, and the matters that fall under their judicature.

Secondly, We come next, and now, to the Text, The King's charge to the Judges concerning thoſe weighty matters before them to be judged and determined.

Wherein you may obſerve,

1. The Perſon charging or inſtructing, and it is Jehoſaphat, he that was King of Judah, a good Prince, and one that feared God, and loved his Subjects, and would have juſtice done in all his Dominions.

2. The Perſons charged, and they are the Judges whom he had appointed to circuit from City to City to hear and determine Cauſes, and to execute the Laws, pro bono publico, intending by them a thorough Reformation.Inde latae Leges ne fortior omnia poſſet, Ovid 3 Faſt. 〈 in non-Latin alphabet 〉 , Arles. Eth. 5. For what elſe were good Laws made, if not to be executed? and what elſe is a Magiſtrate in his Adminiſtration, but Lex loquens, one that muſt give life to the Law, which otherwiſe would be but a dead Letter?

3. The charge it ſelf, about the Adminiſtration of Juſtice, and Determination of Cauſes, and doing Right to every one; which Charge conſiſts of three particulars, with the Reaſons to the inforcement of the duty; which he gives them with a ſerious Caution and Command.

And in naming them, we ſhall give you (to prevent another labour, for brevity) the fuller ſenſe and meaning of the words from the Original, to make our Inference compleat, and Application home.

1. About the matters you are to determine, and muſt paſs your judgement, Videte quid vos facientes: the Hebrew Text, 〈 in non-Latin alphabet 〉 Look what you are a doing. Quid ſitis facturi: ſo Tremelius: Take heed to what you are about. The Syriack hath it thus, fully: Videte quid agati • , fortes eſtote, & decernite judicium verum: Take heed, and decree juſt and true judgement with zeal and courage.

Conſilium praecedat opus, ne abſurda ſequantur.And theſe together make the firſt Duty to conſiſt in this: That in the trying of Cauſes, you conſider heedfully the Queſtion: obſerve your Rule you are to judge by; ſearch after the truth,This was that which Solomon begged of God, 1 King. 3.9, 28. which lies deep, take pains to ſiſt it: mark well the proofs, underſtand the cauſe, uſe your judgement and wiſdom in diſcuſſing the point, ſearch out by trial: Take heed to what you are about.

It is not an eaſie matter to be a juſt Judge or Determiner of intricate things; conſidering how many actors and advocates, that are ſubtil and crafty on either ſide in very many Cauſes that come before you. Deal couragiouſly. Take heed you do no wrong. This is the firſt cautionary counſel.

2. About the Sentence which muſt proceed from you to end the controverſie, according to the intent of the Law.

When you have found out the truth,Iniquitas eſt ab aequitatis regula in alterutram partem declinati • . Oſor. de Juſt. 〈 in non-Latin alphabet 〉 , Sept. Juſtum eſſe facile eſt cui vacuat pectus metu. Sen. and diſcern what is to be done in the caſe, ceaſe not to apply the Rule, deliver the Law impartially: which is the ſecond Injunction in the charge, Take heed, and do it. Cuſtodite, keep the rule and truth together: facite, do it: fortes eſtote, be ye valiant and reſolute; fear not to do Juſtice: Obſervate & facite, ſerve and do it: ſo the Septuagint. Judges muſt be very wiſe, and very valiant, that they may adminiſter true Juſtice impartially.

3. The Caution for prevention or interruption in the manner and matter of executing juſt judgement: 1. Reſpect no mans perſon.Libertatem arguendi amittit qui ab eo accipit qui ideo dat ne corrigatur, Ambroſ. 2. Take no mans bribe; let no man daunt you; no gift corrupt you; no friend byaſs you: Qui induit perſonam judicis, exuit amici, Cicer. For, Deut. 16.19. a gift doth blinde the eyes of the wiſe, and pervert the words of the righteous.

4. The Reaſons to enforce this Charge, and to ſet it home on the conſcience, that they may be careful in the matter of judgement; and faithful in the manner of executing Juſtice impartially, and with unbyaſſed and undaunted reſolution; and they are four, all referring to the great, holy and juſt GOD, which the King preſumes they fear.

1. The Judgement you paſs is for or againſt the Lord, as it is right or wrong: the matter concerns man, but the juſtice concerns God. Truth is God's Cauſe, which he would have maintained.

2. God is with you in the judgement, and in the matter ye judge, and in the ſentence ye give: with you, 1. with his preſence of intuition; ſees what you do: 2. with his preſence of protection and approbation in your Juſtice doing: 3. or, with his preſence of correction, to puniſh and judge the Judges, if corrupt or negligent.

3. God is your King and Judge, and alſo your Pattern, which you muſt follow in this: He cannot be bribed to do unjuſtly, nor flattered or awed into partiality; neither muſt you: if you will approve your ſelves to God in the buſineſs, you muſt not let Juſtice fall through fear, or ſell it for gain: neither careleſs, coward or covetous can be a good Judge.

4. As you fear the Lord, as his dread is upon you, or as you love and honour him, if you would have any favour from him, if you would approve your ſelves to him; Take heed and do it, let the fear of the Lord be upon you. Dare not to do wrong to any, dare not but do Juſtice to all; if you fear God, you need not fear man.

'Tis true, I read of one Judge (but I finde not his Chriſten-name) that feared not God, but his Sirname was Unjuſt, — Heare what the unjuſt judge ſaith, Luk. 18.2, 6. He that fears not God, nor regards what wrong he doth to man, he will ſurely be unjuſt for any advantage; but he that fears God, dares not be unjuſt.

And truely except you fear God, it will be but a ſorry relief poor innocent and wronged ones will finde, by going to Law before the unjuſt, 1 Cor. 6.1. Dare any of you having a matter againſt another, go to law before the unjuſt? They had better take wrong at home, then come ſo far, and pay ſo dearly for it. But as you fear the Lord, ſo do that which is juſt: which is the fourth Argument in the Text.

And thus you have the parcels of the Text laid together, which here make up the indiſpenſible duty of the Judges to perform ſtrictly, according to the rule and direction. In it ye have the Quid fieri debet, and the Quod factum valet, for the diſcharge of a good conſcience in this Office and imployment. And this being followed according to the Rule, whatever the ſucceſs may be, tantâ faece populi, in times of ſo great corruption, yet let Judges and all in commiſſion, diſcharge their duty faithfully, and they ſhall have an Euge from the Lord, Well done good and faithful ſervant.

And by this time you finde, that this Text is that good Law which Solon never knew, when he complained, That there wanted one good Law, to make us put all the good Laws made into execution.

And a more full and authentick Law then this of the Text, for that purpoſe, cannot be made or found. Here is a Rule by which you muſt walk; here is a Judge which will judge you, if you judge not aright: then ſo judge ye, and ſpeak, as thoſe that ſhall be judged by the Law, Jam. 2.12. and your Pattern you have; not a careleſs Gallio, nor a fearful, man-pleaſing, bribe-expecting Foelix, nor yet an injurious Ananias, a whited wall: but the Soveraign juſt Judge, the great God over all, who is to be your Pattern, and him you are to have ſtill in your eye.

So have I done with that part of the Diſcourſe which is for illuſtration of the ſenſe and meaning of the words, to make way for the inference and Obſervations.

Now before we come to the more proper Concluſion for this occaſion, it may be fit to minde you of ſomething from the ſcope and coherence, which may ſomewhat contribute to rectifie ſome extravagancies, which if not reduced and allayed in time, may bring confuſion upon the whole frame.

There is an Anti-Magiſtratical Spirit up, and it makes a great noiſe; which may be checked by this truth, if men will yield to truth:

That Magiſtracy is an appointment of God, Doct. 1. for the good of his people; it is his Ordinance.

This is eaſily proved, if Scripture and Experience may be taken for currant teſtimony: and this very Chapter makes it cleer: here is Jehoſaphat the King, and the Judges, with other Officers; and theſe over the people of Judah, Pſal. 78.68. which was the tribe of his peculiar choice; of which Chriſt himſelf came after the fleſh, from David, through the Line of Jehoſaphat.

And if we look back on the times before this, we finde Judges of Gods appointment: the laſt of that kinde of Government, under the name of Judges, as Supreme, was Samuel, whom God appointed to rule the people: and as good as he was, though he ſetled the Church, and kept the Commonwealth in quiet, kept his yeerly Aſſize in Bethel, Gilgal and Mizpeh, beſides his deciding cauſes at home in Ramah; yet the inconſtant fickle Many were weary of him and his rule: but God was angry with them, and laid this to their charge, that they had rejected not Samuel, but the Lord, 1 Sam. 8.7. that he ſhould not reign over them: and although he was angry with them for their rebellion, yet gave he them a King to rule: but when their wickedneſs had enraged his anger to wrath, he took away their King, as you may find, Hoſ. 13.11. I gave them a King in mine anger, but I was wrath when I took him away; I took him away in my wrath. And when Government ceaſed, men did that which was right in their own eyes, and ſet up falſe Gods, and falſe worſhippings, and offered violence one to another; no man was ſafe, meeting with a ſtronger them himſelf; then violence and confuſion prevailed: they were ruled by no Laws but that of their own wills;Judg. 17.6. Judg. 21.25. for in thoſe days there was no king in Iſrael, and then Gods wrath was up. But when the Lord intends a mercy and a bleſſing to a people, hear what he ſaith, I will reſtore the judges as at the firſt; and upon the account of mercy and favour:Iſa. 1.26. That God ſet up David, and after him his Son Solomon, and gave them Honour, Rule and Wiſdom,2 Chron. 9.8. becauſe God loved Iſrael.

Was not Corah's rebellion againſt Moſes and Aaron, their Governours, diſowned of God? and were they not puniſhed with a death which was not common?Numb. 16. compared with cap. 27.25. did not the earth gape and ſwallow them? and gave them that quick paſſage to Hell, in the heat of their rebellion? and is not that a terrible example for all of their ſpirits?

The Hebrews have a Proverb, Migrandum eſt ex eo loco in quo Rex non timetur: People that fear a judgement from the Lord, ſhould make haſte from that place where the King is not reverenced and obeyed, becauſe God will puniſh rebellion with ſome fearful judgement: Ruine is the child of Reſiſtance of God's Ordinance firſt or laſt, and miſchief puts a period to the lives and deſigns of miſchievous men.

But leſt Old-teſtament-proofs may ſeem with ſome of leſſer authority, ſee what is in the Newteſtament: that of St. Paul to the Romans, Rom. 13.1, 2, 3, 4. How readeſt thou there? doth not St. Paul, one that had the Spirit of Chriſt, and knowledge of his Will, write this by way of command, as well as prudential direction or counſel, Let every ſoul be ſubject unto the higher powers; 〈 in non-Latin alphabet 〉 . let no man exempt himſelf as free from ſubjection: and he gives the Reaſon or Argument in the following words, to oblige the conſcience to this Duty: for there is no power but of God; the powers that be, are ordained of God. God hath appointed ſome to rule, and ſome to be ruled. Whoſoſoever therefore reſiſteth the power, 〈 in non-Latin alphabet 〉 . reſiſteth the ordinance of God; and they that reſiſt, ſhall receive to themſelves damnation, v. 2. The ſame Apoſtle to Titus, Tit. 3.1. 〈 in non-Latin alphabet 〉 . gives this in charge, Put them in minde to be ſubject to principalities, to obey Magiſtrates, &c.

It is true, we know Magiſtracy is diſtaſteful to the proud and ungodly world, becauſe it keeps mens luſts from raging,Quid non libido mentis humanae ſtruat? quid non malorum pruriat? ſtatum laceſſunt omnipollentis Dei, calumnioſis litibus. Prudent. Hym. in Infideli. and binds the hands from doing miſchief. And ſure no man can be againſt Magiſtracy and good Order, but he that would be ſubject to no Law of God: and how can he be a good man then? are they not called by St. Jude v. 8. Filthy dreamers, that deſpiſe dominion, and ſpeak evil of dignities? Exod. 22.28. Thou ſhalt not revile nor curſe the ruler of thy people. The Apoſtle Peter, another of Chriſt's Followers, gives the ſame thing in command:1 Pet. 2.13, 14, 15 Submit your ſelves to every ordinance of man for the Lords ſake, whether to the king as ſupreme, or unto governors, as unto them ſent by him for the puniſhment of evil doers, and the praiſe of them that do well: for ſo is the will of God, v. 15. This then is not commanded, as though the ordinance of Government were of mans invention, but of Gods appointment to be managed by men, ſuch as are appointed to this Rule and Office, to puniſh evil doers as God hath ordained, and cheriſh and protect thoſe that do well. This is the end of Magiſtracy.

The Anti-Magiſtratical Spirit then muſt not be owned of God, nor can be ſecured by Scripture. If the foundations be deſtroyed, Pſal. 11.3. what can the righteous do?

But we muſt wave this point as to further proſecution, and take up one of more immediate reſult from the Text: and it is this:

That if Judges mean to diſcharge their duty well, Doct. 2. and approve themſelves to God, it must be their care to judge rightly, and adminiſter juſtice impartially, without regard to man, as to what he is, or what he gives.

This is God's Charge to Judges, and thus good Judges muſt do in diſcharge of their Duty, if they fear God. This Inference lies cloſe in the Text, which renders this Doctrine Divinity, and a ruled-caſe for Judges, as a Principle of their Religion, and Rule for their Practice.

And it were enough to quote the Text for proof: but becauſe you proceed ſecundum allegata & probata, and out of the mouth of two or three witneſſes every word ſhall be eſtabliſhed, Mar. 18.16. as ſaith our Saviour; take two or three more proofs for this: Deut. 16.18, 19, 20. there Judges are ſet their buſineſs: They ſhall judge the people with juſt judgement: Si vis Tribunus eſſe, imo ſi vis vivere, manus militum contine. Valer. Imp. Epiſt. ad Tribunum. thou ſhalt not wreſt judgement: thou ſhalt not reſpect perſons, neither take a gift; for a gift doth blind the eyes of the wiſe. That which is altogether juſt ſhalt thou follow, that thou mayſt live. So Levit. 19.15. Ye ſhall do no unrighteouſneſs in judgement. Thou ſhalt not reſpect the perſon of the poor, nor honour the perſon of the mighty: but in righteouſneſs ſhalt thou judge thy neighbour. The merit of the Cauſe muſt be taken up, and not the Perſon, either poor or rich: pity and reſpect muſt be laid aſide in this matter: a poor man muſt not be upheld in a wrong Cauſe, nor a rich great man regarded for his gay clothing or Gold-Ring; but juſtice muſt be done to each,Jam. 2.2, 3, 4. as their Caſe is, or elſe there is partiality, which is forbidden: for, he that justifieth the wicked, poor or rich, or condemneth the righteous, ſmall or great, are both alike abomination to the Lord, Prov. 17.15. See in Job the character of a juſt Judge, and his manner, Job 29.14, 15, 16. I put on righteouſneſs, and it clothed me: my judgement was as a robe and a diadem: I was eyes to the blind, and feet to the lame: I was a father to the poor, and the cauſe which I knew not, I ſearched out: And I brake the jaws of the wicked, and plucked the ſpoil out of his teeth. And again, in that of Deut. 19.15, 16. concerning the Judge, how he muſt deal in a caſe of witneſſing: At the mouth of two witneſſes, or at the mouth of three, ſhall the matter be eſtabliſhed. And the men between whom the controverſie is, ſhall ſtand before the Lord, before the prieſts and the judges, and the judges ſhall make inquiſition; and thine eye ſhall not pity, but life ſhall go for life, eye for eye, hand for hand, and foot for foot, v. 21. So ſee your apportment, and to what you are to heed, Rom. 13.3, 4. To be a terror to evil works, and to encourage the good: and they muſt not bear the ſword of Magiſtracy in vain; but diſtribute to every own his due, as his works are found to be.

And thus you have ſome few of thoſe many Directions which are given to Rulers up and down in the Word of God.

But would you conſider a little, the Reaſons why Judges ought to be circumſpect and inquiſitive into to Cauſes for Trial, and to be couragious in the impartial Sentence? Beſides the Reaſons in the Text, (which prevail with all men fearing God) there are ſome farther Conſiderations, which may make you more circumſpect about the matters you are to judge, and the Sentence you are to paſs.

1. In reſpect of the Oath of God which you have taken your ſelves; and it is (you know) to execute the Laws juſtly to the beſt of your skill:Eccleſ. 8.2. therefore muſt you uſe the beſt of your skill, to finde out the truth and juſtneſs of the cauſe, becauſe of the Oath ye have taken. Good men fear an oath,

2. In reſpect of your Places and Office: you are choſen out for this purpoſe,2 Chron. 9.8. as men of wiſdom and skill, yea, men of integrity, to do right to all, and wrong to none. You are taken as it were into Gods Throne, and to ſupply the place, and do Gods work with men;Pſal. 82.6. and you are called petty-gods; therefore muſt you do your utmoſt, and be diligent to ſearch out the truth: for curſed is he that doth the work of the Lord negligently or deceitfully, Jer. 48.10. Had you not need be circumſpect then?

3. In reſpect of the Cauſes that come before you to be determined juſtly, they are many of them matters of high concernment; ſome of them of life and death, and matters of making or undoing of men, as to their outwards.

And the truth lies deep, and the points nice which are controverted Cauſes, not unlike for obſcurity to that brought before Solomon, 1 King. 8.22. about the living child, laid claim unto by two mothers at once, ſtifly pleading each their intereſt in the child; but of right it belonged but to one of the two; and if care and wiſdom had not been uſed, the right might have ſuffered wrong. Now with you 'tis much alike, and oftentimes as Seneca ſpeaks, Involuta veritas in alto latet.

Had you not need therefore to be very cautious and diligent in your Inquiſition, leſt you do wrong to whom you ought to do right? for as Auſtin ſaith of ignorance in a Judge, ſo may we ſay of the careleſneſs of a Judge, Negligentia Judicis calamitas innocentis eſt.

4. Laſtly, in reſpect of the perſons you have to deal withal, you had need take care & courage too, both to find out the truth, and execute the Laws. And indeed you will finde, that all men have not faith, (i.e.) they are not men of truth and honeſty, not ordinary morality: you may not readily believe all reports, nor take upon truſt without your own ſearch, nor rely upon their own words, nor own many men, though they ſwear to it:

1. For there are ſome Right Worſhipful, Oppreſſors; and Gentlemen, criminous: ſome that would have Naboth's Vineyard, or his Life; and have wit and money enough to make the beſt of a bad matter, and will ſpeak big words,Prov. 18.5, 7. and would fain awe the Judge, to make him judge according to their tale and intereſt. You had need of care and courage, ſeeing ſome men are ſuch.

2. There are Advocates which plead before you, and they have art and tongue enough for their Clients, and an hand for a Fee, right or wrong, and are able to make the beſt of a bad matter, or ſo to entangle the truth, or hide it, that 'twill require wiſdom indeed, to finde out the fallacy: for of ſuch Sophiſts may be ſaid, as Prudentius in his time in his Hymn againſt Infidels,

Solvunt ligant que queſtionum vincula Prud. Hymn Infideliis.Per ſyllogiſmos plectiles; Fidem minutis diſſecant ambagibus, Ut quiſ que lingua nequior.

3. There are Witneſſes, and upon Oath. I ſhould not name an Oath, nor you hear of it without trembling: becauſe of oaths the land mourns; not onely vain, but fallacious alſo. Yet you (my Lords) know, that there are Knights of the Poſt abroad, and no doubt you have in your obſervations diſcovered how far fear or reſpect, Non ſolum ille reus eſt, qui falſum de aliquo profert; ſed & is qui citò aurem criminibus praebet, Iſid. lib. 3. de ſummo bono. malice or reward, will prevail with the ungodly Vulgar to bear falſe witneſs, and ſtand to it too. Had you not need to be circumſpect then, becauſe of ſuch whoſe conſciences are Iron, and whoſe brows are Braſs?

4. There are ſome likewiſe which have a great part in the tranſactions of Cauſes, which ſhould be men of ſteady heads and honeſt hearts, and under an Oath too they are all. But, alas! how often do you finde them abominably deceived, or wilfully miſtaken, or tamely led by a Fore-man, and baſely byaſſed by ſome ſquint-eyed reſpect, fear or affection? In as much, that you have cauſe to ſay, The united many are deceived as well as the divided unity. And alas, among all theſe, how, but too often, is the good truth tortured, and judgement wreſted? and will be ſtill, if you (the Judges) take not very great care to relieve it. Take heed therefore: for you need be circumſpect in that reſpect alſo.

And ſo have I done with the Doctrinal part of my Text, wherein you have heard your Charge, and how it hath been proved by Scripture and Argument, to be your indiſpenſible Duty.

We come now to the Applicatory part; as it is my Meſſage from the Lord, and my Duty as I fear the Lord; and I muſt be faithful in it too, leſt while I preſs you to yours, I forget or neglect my own: for this Take heed in my Text is my Rule and Injunction as well as yours; I muſt do it, and ſhall: I fear God.

APPLICATION.

1. In the Name of God to you, the Many, 1. To the Many. that are hither come, and have no farther buſineſs, then to be lookers on at this time, and to obſerve the tranſactions of the ſeveral Courts, without much awe of Gods preſence upon your Spirit, or due reſpect to Magiſtracy or Juſtice.

1. Be it known unto you (whoere you are) believe it, and receive it for a truth, That Magiſtracy is an Ordinance of the great God, for the good of Mankind: take heed therefore that you reſiſt not nor murmur againſt it; but obey it, and ſubmit unto it for the Lords ſake, leſt ye be found fighters againſt God, and ſuffer as evil doers, bringing upon your own heads damnation. Submit your ſelves, ſaith the Apoſtle, to every ordinance of man for the Lords ſake: for ſo is the will of God; and in ſo doing, you do well, 1 Pet. 2.13, 15. God will not endure you, if ye will not endure that which he hath ordained. Rom. 13.2. Whoſoever therefore reſiſteth, reſiſteth the Ordinance of God; Rom. 13.2. and they that reſiſt ſhall receive to themſelves damnation: whether you be great or ſmall, few or many.

2. To you that deſire to live quietly and honeſtly in the world, and to keep a conſcience voyd of offence toward God & Man, let this be for your comfort and incouragement; in ſo doing, the Magiſtrates are your Guardians, and the Law your Protection: Rulers are not a terrour to good works, but to the evil, Rom. 13.3. if you do well, and walk within compaſs: if Rulers fear God, they muſt preſerve the innocent. The Law was not made for a righteous man, to condemn or vex him; but for the wicked, to puniſh them. If thou do evil, or mean to be wicked, you muſt expect to ſmart by it. In 1 Tim. 1.8, 9, 10. as there, ſo in this caſe with us, The law is good, if it be uſed lawfully: knowing this, that the law is not made for a righteous man, but for the lawleſs and diſobedient, for the ungodly and for ſinners; for murderers and man-ſlayers, for whoremongers, for lyers, for perjured perſons, &c. to curb and to condemn ſuch. But 'tis for the ſake of the Good alſo, that good Laws and good Magiſtrates are ordain'd, that theſe might not be wronged,A culpa cum ſitis innoxii, non eſtis ulli obnoxii. that they may live quietly. Take heed therefore that ye walk circumſpectly, not as fools, but as wiſe: take heed ye do no ill, but well; ſo ſhall ye not only be protected, but praiſed.

3. To all you that have heard what a ſtrict charge the Judges lie under, and that as they ſcar God, and muſt anſwer for it, if they perform not, their duty as they ought, both for finding the Offences, and executing right Judgement impartially: Let it be for terror to you that lie under any guilt, though not yet diſcovered, or that have wicked deſigns in hand not yet brought to the birth. Know, that if you be brought to the Judgement-ſeat, your wickedneſs ſhall be found out, and your puniſhment muſt be according to your fault; you may not expect to eſcape by any means: be affraid, for he beareth not the ſword in vain; for he is the miniſter of God to execute wrath on him that doth evil, Rom. 13.4. And let me tell you that are guilty of murder or theft, of perjury or blaſphemy, of adultery or fornication, of oppreſſion or falſe accuſation, or of any other crime or miſdemeanor condemned by the Laws of God, or juſt Laws of the Land; that though for the preſent your faults lie hid, while the faults of others are diſcovered; yet know, that your hiding is but a ſorry ſecurity for your life or liberty; your ſecrecie from the eye of man, and protection from the ſtroak of Juſtice to be executed by man; and ſo ye are not afraid: yet conſider with trembling, that the all-knowing Judge, the great God, hath diſcovered you already, he needs no Informer, you are all bound over to that great Aſſize, where he ſits in Judgement immediate.1 Cor. 4.5. The counſels of the heart are not hid from him: for there is nothing hid that ſhall not be diſcovered, nor covered that ſhall not be made known. For God will bring into judgement every ſecret thing. Eccleſ. 12. laſ. It is but a little while,Rom. 14.12. and God will call us all to an account, for what we have done, and for what we ſhould do, and have not done; how we have acted upon the ſtage of this world: For we muſt all appear before the judgement-ſeat of Chriſt, that every one may ceive the things done in his body, 2 Cor. 5.10. & every one muſt bear his own burthen, according to that he hath done. Then, Sirs, what will become of the wicked, the unjuſt and the ungodly? where ſhall they appear? ſhall not the wicked be turned into Hell? O what a fearful thing it is for wicked men to fall into the hand of the living God!Heb. 10.31. when he is angry, he is a conſuming Fire.

Take heed therefore what you do, that you do nothing againſt God and his Laws; for though man may not find you out, God will; & who can protect you? therefore if you have done fooliſhly, repent, and do ſo no more. So much for the firſt Uſe, to you that (it may be) thought your ſelves not much concerned in this buſineſs.

II. Now my next buſineſs is to you who are more neerly concerned in the work of this Court of Juſtice; lift up your ears, and attend to your Charge, and take heed you do your Duty.

1. To thoſe that have Cauſes and Suits depending.1. A few words of caution and advice to you that have or may have any Cauſes or Suits to be tried and determined; take heed what you do: if two be at variance about any thing, the right lies but on one ſide, one muſt be in the wrong: lay not claim to that which of right belongs not unto you. And in caſe you be ignorant of the Cauſe, ſee (if you pleaſe) your Counſel, and tell him truly how it ſtands with you; and that you would not ſtand in an evil or wrong Cauſe: make not your Cauſe better then it is, but tell him the truth, that you may proceed or deſiſt as your Cauſe is good or bad.

Well, if you fear God, you will not hire him to advocate in a wrong Cauſe, to pervert Judgement, and abuſe the Judge: take heed you do not.

But if you will go to Law right or wrong; know, and be ſure, though you may prevail here, you ſhall be caſt at the High Court of Appeal for poor wronged Ones in another World. Contend not in or for any thing here on Earth, which you dare not appear with before God. And if this be ſeriouſly conſidered, many Men might let fall their Suit, which they know is not juſt and right. And if you muſt to Law, take heed you hire not Witneſſes, or tamper with them, to make them ſpeak and ſwear for you falſly. O the guilt of falſe witneſſing and perjury will be on your Souls, as well as theirs! take heed what you do in this Caſe alſo.

2. If the matter in controverſie and Suits commenced be about words and brawlings, (as too many be) why, for ſhame, be not common Barrators; let not your weakneſs appear ſo in publick. Is there not a wiſe man among you at home, where you dwell, to take up the diſpute, and moderate your paſſions, but you muſt be at a great charge and pains, to be laughed at, and counted fools for your labour, and made the common talk and recreation of the ſtanders by? Why, Friends, if you are ſo unhappy as to have ſuch frivolous controverſies, will you uſher up your heats of paſſion to this Court? O be not ſuch Fools as to publiſh it on the houſe-top; 'tis too much you have done, to enter on a controverſie of ſuch a nature; be not ſo brutiſh to perſiſt in your errors.

O that Judges would ſharply reprove ſuch clamorous and contentious Spirits, and all thoſe that dare appear to plead for contentious perſons. If there be any ſuch among you, let fall your Suits, and follow Chriſts counſel,Chriſts counſel for ending Law-cauſes. Agree with thine adverſary quickly, while thou art in the way with him, Mat. 5.25.

2. To thoſe that are come for witneſſes.2. To you that are Witneſſes in any Cauſe depending, or againſt the Priſoners at the Bar; take heed what you ſwear, and take heed you ſpeak the truth, and nothing but the truth, without fear, favour, hopes of gain, or malice. I'll give you in theſe two or three Scriptures your caution and direction, Exod. 23.1. Thou ſhalt not raiſe a falſe report: put not thine hand with the wicked, to be an unrighteous witneſs. Add to this the ninth Commandment, Exod. 20.16. Thou ſhalt not bear falſe witneſs. Thou wilt not, if thou feareſt God, either forge a falſhood againſt any, nor maintain a falſhood, bearing witneſs: ſee Prov. 19.5. A falſe witneſs ſhall not go unpuniſhed, and he that ſpeaketh lyes ſhall not eſcape. For if you do, the Judge may finde you out, and puniſh you; but if he do not, to be ſure God will. And if there be any amongſt you, that are come with falſe accuſations or ſlanders, ye are of your father the devil, who was a lyer from the beginning, an accuſer and ſlanderer,John 8.44. Rev. 12.9, 10. his works ye do, and wages ye will undoubtedly have. Take heed of falſe accuſations and ſlanders: whoſe life is ſafe, whoſe eſtate or livelihood ſecure, if thou make no conſcience of this? 〈 in non-Latin alphabet 〉 . Accuſe no man falſly, Luk. 3.14. i.e. whiſper not any accuſation againſt another wrongfully, neither to pleaſure ſuch as ſeek occaſion againſt one, nor to blaſt him, or expoſe him to wrong.

3. To the Jury.3. To the Jurors: you are returned to ſuccour your Country, and ſerve the deſigns of the Court. It is expected you ſhould be men of ſound heads and honeſt hearts, men of conſcience and parts; that you fear God, and underſtand your Duty. The lives and eſtates of men are much in your power; the Law hath committed it to your Verdict. Now if you go about this buſineſs careleſly, partially, or give up your blinde conſent to your Fore-man, without weighing ſeriouſly the proofs and directions, you may and will wrong the truth, ſhame your ſelves, blemiſh the care and diſcretion of them that returned you for good men and honeſt; abuſe the Judge, ſpoil a good Cauſe, cauſe the guiltleſs to ſuffer, and the guilty to eſcape; diſhonour God, wrong your Country, and ruine your own Souls.

Take heed therefore what you do, and do according to your Oath; let the fear of God be upon you: you are Jury-men, be not perjur'd men: you come to the Court, and are ſworn, O do not go away from it for-ſworn men. Alas, when you come home, what will you do with thoſe Oaths, which will rot your conſciences? Take heed what you do, and be diligent, wiſe and impartial, and that you do as good men ſhould do that are under an Oath.

4. To the Counſel and Lawyers.4. I have not many words to them, becauſe there are not many of them within hearing: it ſeems it is not their manner, to leave their Market to follow the Judges to a Sermon.

Well, you that are here, if you be capable of a little good counſel for your ſelves, who pretend to give ſo much to others; Take heed what you do. Do you fear God indeed, as you pretend? and will you plead in any Cauſe you know God diſowneth? are not you to plead for the Lord, as well as the Judges to judge for God? have you a diſpenſation to ſpeak as you pleaſe for your own advantage, right or wrong? may you ſpeak againſt the truth and right, as well as for the truth? God is the great Patron of truth and innocency, and dare any of you plead againſt it, that would not be found againſt God?

The Apoſtle Paul, going about to make it manifeſt to the Corinthians, that he and the other Miniſters of Chriſt were not Reprobates, this is one of the Arguments he uſeth, 2 Cor. 13.8. For we can do nothing againſt the truth, but for the truth. And have you power to do and plead again the truth? Take heed you be not found —

David makes it one Petition in his Prayer, That he might be delivered from a lying lip, and deceitful tongue. O Sirs, take heed you wreſt not judgement: the Law of God for you is this,Pſal. 120.2. Thou ſhalt not ſpeak in a cauſe to decline after many, Exod. 23.2. to wreſt judgment: and, he that juſtifieth the wicked, be he never ſo great or rich, or for whatever advantage,Prov. 17.15. or he that condemneth the juſt, be he never ſo poor or friendleſs, both are to God an abomination.

And if you know a forehand, that the cauſe you plead for be bad, and that you ſpeak againſt be good, and yet will bend your ſtrength, wit, Oratory, and intereſt in your Judge, to defend the Bad, and overcome the Good; A good man, that fears God, would not be in your Gown, with your conſcience, for all the money in your purſes, nor reputation you have for maſter-skil in the Laws. Sirs, Men are emboldened to do wrong, and dare do it the rather, becauſe they, the worſt of the worſt of them, can finde ſome to defend them among your robe. But to you I have to ſay, Take heed, God ſees you, and knows what you ſpeak, and what you deſign. Conſider that of Tully; he would have A good Orator, a good man alſo: Vir bonus, as well as dicendi peritus. I remember what ſomewhere I have read of Juſtus Jonas, that famous Lawyer, what was ſaid at his death, for all his great skill in the Law:

Quid juvat, innumeros ſcire at que evolvere caſus, Si facienda fugis, ſi fugienda facis?

This man knew well, and did ill: Mat. 16.26. and what will it profit a man to gain much of the world by his skill, and loſe his ſoul at laſt? Prudentius hath this ſeverity againſt all thoſe which uſe their wit and intereſt to wrong ends:

Vae captioſis, ſycophantarum ſtrophis: Hymn in Indeliis.Vae verſipelli aſtutiae.

I ſhall give it no other Engliſh then what I finde in the Prophet Iſaiah, Wo unto them which call evil good, Iſa. 5.20, 21. and good evil; that put light for darkneſs, and darkneſs for light; that put bitter for ſweet, and ſweet for bitter. Wo unto them that are wiſe in their own eyes, and have wit to do evil. Take heed what you do: let the fear of God be upon you, and refrain your tongues from evil, and lips from guile, and hands from bribes, if you mean to ſee good days, and be bleſſed in another world, 1 Pet. 3.10.

5. To the High-Sheriff.Sir, beſides your preſence and Guards for the quiet ſecuring the Reverend Judges in the diſcharge of their Duties, and due Adminiſtration of Juſtice; you are to ſee to it, that faithful ſober men, able and honeſt, be returned from the ſeveral Quarters of the County, to ſerve upon the ſeveral Juries; which, 'tis preſumed, you have done, as you fear God. Beſides, you are to ſee to your under-Officers; you muſt take heed you allow not any of Gehezi's Acquaintance in your ſervice: neither you, your man, nor man's man, muſt take a bribe, nor wrong any. But the main thing I would intreat of you, and let me prevail with you, if you fear God, take heed to yonder poor Priſoners, take care of them; I mean not, leſt they ſhould eſcape your chains, and break your bolts; I ſuppoſe there is good care taken for that, as there ſhould be too: But, Sir, for the Lords ſake, and in tenderneſs to their poor Souls, provide for their inſtruction. Some now in your cuſtody, it may be, muſt die for their crimes; others may eſcape with their life, and yet as unfit to live, as others to die: now the requeſt is, that they who are for death, may (as much as poſſible) be fitted for death; and thoſe for life, fitted to live better. Do that for them and to them, which hitherto hath not been done to any purpoſe by any before you (as their buſineſs) in this County, (but you have a good exemplar for it in the City) prevail with ſome conſcien ious men, that love the Souls of the pooreſt wretches, to deal with the Priſoners condemned, moſt ſeriouſly and feelingly, that poor condemned wretches may not go hence to another world, without ſome Soul-conviction and repentance. Do this as you fear God, and have compaſſion on poor Souls, and ſettle it in your time.

6. To the Judges & the reſt in Commiſſion.And now, my Lords the Judges, and you the reſt of the Bench, who are by your places to act for the weal of the publick: Suffer me but a little; for I have yet to ſpeak (as Elihu in Job) on Gods behalf. Job 36.2.

Do ye fear God? if you do not, you are not worthy your places, nor fit to rule; and if you fear God, you muſt and will act and judge for God, for Religion, for his Servants; and you will act againſt all perſons and things which are againſt God and his Laws.

If you would have God honour you with his preſence of approbation and protection,1 Sam. 2.38. you muſt honour him by your zeal for his Cauſe.Tantus quiſquis eſt, quantu • est apud Deum. And if God honour you not, your titles of Right Honourable, and Right Worſhipful, will do you little good.

There are two things eſpecially you muſt aim at,Qui tarde fecit diu noluit, Sen. de Benef. if you mean to ſhew your ſelves for the Lord, and wellfare of the people: you muſt take care, and do what you can, and as ſoon as you can, while the prize is in your hand, leſt you be found tardy;

1. To root out all manner of vice and wickedneſs.

2. To promote and maintain Godlineſs, and all things thereto belonging. For by theſe two, either a Nation is made or mar'd. Righteouſneſs exalteth a nation, but ſin is a reproach to any people, Prov. 14.34. And for this end are Magiſtrates ſet up over Nations, to root out evil, and to build and plant goodneſs, Jer. 1.10.

If you give not a check to wickedneſs,Qui non vetat peccare cum poteſt, jubet, Sen. you encourage it; if you encourage not good, and be examples of it your ſelves, you check and ſuppreſs it: if it be in your power to hinder vice, or puniſh it; to promote godlineſs, and reward it:In cujus manus eſt ut prohibeat, jubet agi, ſi non prohibet admitti, Salvian de Providentia. & if for all this, you will not do the one nor other, you may be accounted by God as acceſſary to the evil; and unprofitable Servants, as to the improvement of the Talent God hath entruſted you with, to do good withal. If you cannot change the hearts of wicked men, you may reſtrain their hands, and bind up their luſts, that they break not out ſo faſt. If you cannot promote godlineſs, ſobriety and righteouſneſs, as you would, do it as much as you can; and you will do more then many: for though ſome ſpeak it fair, yet do it little ſervice; wiſh well to goodneſs, but do nothing for it. Now if you fear God, you muſt do it; take heed and do it. You have good Laws, have you not, Impunitas auſum parit auſus exceſſum, Bern. de Conſid. lib 4. againſt drunkenneſs, perjury, blaſphemy, thieving, idleneſs, ſwearing? &c. and if you have but as much zeal and courage to put them into execution, as you have power in your hands to do it, vice ſhould not ſo over-top, and carry all before it. Did you but take care that thoſe Laws made againſt the profanation of the Lords day, and againſt revilers of the Miniſtery and Ordinances,Virtus aſſurgere non poteſt ubi vitium libero paſſu commitatur. were but duly executed upon Offenders, vice ſhould not ſo jet it uncontroll'd. I know not where on earth to ſue for redreſs of theſe, & many the like grievances, if not from you, who are entruſted with the civil ſword of Magiſtracy: and will you bear the ſword in vain, and not ſo much as draw it out for a terrour to evil works? 'Tis poſſible, by the Laws, you may hang up ſome few Sheep-ſtealers, Pilferer, and High-way-men, for the value of 6 or 7 s. but have you no law to puniſh thoſe that rob God, and the ſouls of poor people? will not Blaſphemy, and counterfeiting Chriſt and his Goſpel, bear an action in your Court? is there no Law againſt ſpiritual thieving, and falſe coyning? Well, if the Laws of men be defective herein, the Laws of God are full enough: and if you forbear to ſhew your ſelves full of diſlike as to all wickedneſs, ſpiritual as well as bodily; yet God is a jealous God, and will meet with you and them all one day, and wickedneſs ſhall not go unpuniſhed: for God will do it, if you do not.

O the deſpite that is done every day to the precious truths of God, by men of corrupt judgements! how inſolent they are, becauſe they may! how do ſome earneſtly contend againſt the faith once delivered to the ſaints, while all men ſhould contend for it? how quickly would the Goſpel & Kingdom of our dear Lord Chriſt be deſtroyed, if Chriſt had no more care of his Church then men have? O Sirs, this is not the leaſt of your concernment, to do what you can to ſuppreſs thoſe that ſuppreſs Chriſt, and the truth of Chriſt. You know you are to judge for the Lord, and to look to his honour: and is the Goſpel of Chriſt, and its free Diſpenſation, of no concernment to God, you, or the Nation? Are the glad tidings of Peace, Reconciliation and Salvation to the poor loſt world, ſuch ill news, that it muſt be permitted to be contradicted and blaſphemed? Is the Miniſtery of this Diſpenſation ſuch an eye-ſore and burthen to the world, that it muſt be caſt out of protection, and expoſed to the dirt, drivel, foam and rage of the very ſcum of vain, deluded and prophane wretches, and our perſons expoſed to violence, wrong, calumny and reproach of the vileſt men, only becauſe of our Office and Calling, which we know (though they will not) that 'tis of God? Why may we not have the benefit of good Laws? as free-born we are as any of you; and I could magnifie our Office too: and muſt we of all men be deprived of the priviledge of Engliſh Men and Engliſh Laws, becauſe we are Miniſters? Do you not ſee how the poor Clergy are vexed? and he is a ſorry fellow now adays, that cannot reproach, moleſt and undo a Miniſter. Do you not ſee how they are abuſed, as David's Meſſengers he ſent in kindneſs to viſit Hanun, and to comfort him? but ill was their entertainment, very barbarous their uſage: Hanun took Davids ſervants and ſhaved them, and cut off their garments in the midſt, 1 Chron. 19.2, 4. even ſo it is now with the ſervants of Chriſt in the Miniſtery, ſent to the world with tidings of the deareſt love,2 Cor. 5, 20. and ſureſt peace, with tenders of rich mercies. And this is all the harm we mean to do, (if we can) to bring your Souls to Chriſt, and acquaintance with God: yet how are we uſed for this our labour of love? why, we are made the laughing-ſtock of the Profane, and the contempt of the Mighty; and too often 'tis, that we muſt be judged by thoſe that hate our Office and Order: is not this for a lamentation?

Sirs, will you judge our diſtreſs, and right us, if you can? be not aſhamed nor afraid to do us open right, when others are not afraid to do us open wrong. If any of us be an evil doer, let him ſuffer, ſpare him not: but if we are like to ſuffer for Chriſt's ſake, if you love Chriſt, you cannot but relieve us, and right our wrong, and ſuffer us not to be abuſed. Will you take heed and do it? But if you will not for all this, remember it was a Gallio which cared for none of theſe things: but he that was a man after Gods own heart, did revenge the wrong done to his ſervants.1 Chron. 19.8.

2. There is one grievance more you muſt help this County in, and rid the Country of, thoſe innumerable Peſt-houſes, we mean the Tipling-houſes, that peſter the whole Nation, and ruine whole Families; the very bane of their neighbourhood, the ulcers of a Commonwealth, the Devils Nurſeries. In them you have Gods ſacred Name blaſphemed, his creatures abuſed; there you have the contentions of wicked men and lewd, there confederacies and combinations are entred into; there your plots are laid for thieveries and robberies; thence you have your Goals filled, and ſo many Families impoveriſhed: and muſt theſe be tolerated? Sirs, you that are the ſtanding Magiſtrates of the County, will it be for your honour (think you) to give licenſe to ſuch? ſo many? Some (you ſay) there muſt be: but why ſo many? If you tolerate no more then need, there need not one of ten of what there are: and if ſome inconveniences muſt be winked at, why not as few as may be? Well, if you mean not to ſuppreſs them, let this be granted, That their Signs may be ſet up, that men may know what is to be found within, and whither Ale-houſe-haunting doth determine; let theſe Motto's be on their Sign, and over their Door: Here you may buy beggery and diſgrace at a deare rate: Here you may learn the way to the Stocks, the Goal, the Gallows, and to Hell.

O that you would do the County a little right in this, while you are met together; and put ſome period to the increaſe of them at leaſt, if not to their extirpation: take heed and do it, and to ſome purpoſe let it be done, or elſe you will leave ſadneſs upon the hearts of good people that fear God among us, when they ſhall ſee that God is ſtill diſhonoured, and that Magiſtrates have ſo little concernment for it.

And now (to conclude) my Lords the Judges, and you the reſt in Commiſſion; ſeeing 'tis in your power to relieve us, let me beſeech you, for the Lords ſake, for your own ſakes, for the Countries ſake, and the ſake of all that fear the Lord among us; do ſomething to purpoſe againſt wickedneſs and its inſtruments, and ſomething for godlineſs. I am the more encouraged to ſpeak unto you, becauſe of the expectation we have, and the knowledge we have of your zeal and juſtneſs. I muſt let you know, that if you do not ſomething this way, you diſappoint many that are looking after it from you. Now as you fear the Lord, leave among us ſome veſtigia of your juſtice and goodneſs, and be ſure you lay the ground of future reformation, as well as execute juſtice, as to the emergent Cauſes before you; that ſo you may give us cauſe (when you are gone) to bleſs God for you, that you were here; and to love and honour you, as many as fear God: and give ſome cauſe to the wicked to fear you; let them ſee that you bear not the ſword in vain. Give us ſome cauſe to ſay with gladneſs, We had (I'll take leave to uſe your names) Hales and Crook, thoſe good men and juſt among us; and that on March 22. began good Diſcipline and Reformation to take riſe in our County. O what an honour would this be to you, and what a comfort to us? Therefore in the Name of the Lord, ye Judges, Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgement. 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.

Glory to God alone. FINIS.