piece of bread Hereupon the Apostle chargeth Timotheus euen before God 18.21 and the Lord Iesus Christ and the elect Angels that in executing the ecclesiasticall censures vpon wicked persoÌ„s 1. Tim. 5.21 he should not preferre one before another and that he should doe nothing partially Wher he vseth two words of great signification 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The first doth signifie to esteeme highly of some one man in respect of others which is most intollerable in a Iudge who must sit in the place of iustice not to iudge of mens persons but according to their causes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beza The second is borrowed from him that holdeth the ballance implying that the Iudge must waigh the causes of men that are at variance as it were in a balance so as he must incline to neither part otherwise there can be no right iudgement Secondly this respect of persons and this parcialitie is condemned also in punishing When the Lord had appointed punishments by way of retaliation vnto him that had any way hurt his brother hee addeth in the end Ye shall haue one law it shall be as well for the stranger as for one borne in the country The stranger if he deserue fauour must haue as much sauour as if he were borne in the country and he that is borne in the country must be punished with as much seuerity as if he were a stranger Againe the Lord commandeth Deu. 17.25 If there be found among you in any of thy cities which the Lord thy God giu th thee man or woman that hath wrought wickâ—dnesse in the sight of the Lord thy God c. then thou shalt bring foorth that man or that woman vnto thy gates and shalt stone them with stones till thy 〈◊〉 We see here is none excepted Whosoeuer they be that transgresse high or low rich or poore they must be punished And therefore in some cases it were not lawfull for the father or mother to spare their owne sonne that was borne of their bone and flesh of their flesh If any man haue a sonne saith the Lord that is stubburne and disobedient Deut. 11.18 19.21 which will not hearken to the voice of his father nor the voâ—ce of his mother c. then shall his father and his mother take him and bring him out vnto t e Elders of his citie and then all the men of his citie shall stone him with stones vnto death Yea there is not any bond of nature or of friendship that should hinder a man from the performance of this duetie according to that strict charge and precept of the Lord. Deut. 13.6.7.8.9.10 If thy brother the sonne of thy mother or thine owne sonne or thy daughter or thy wife that lieth in thy bosome or thy friend which is as thine owne soule entice thee secretly saying let vs goe and serue us other Gods c. Thou shalt not consent vnto him nor hâ—are him neither shall thine eie pitie him nor shew mercy nor keepe him secret But thou shalt eu n kill him thine hand shall be first vpon him to put him to death and then the hands of all the people 2. Cron. 15.16 c. And therefore Asa king of Iudah is commended in the word of God for his vprightnesse in this respect that when Maacha his owne mother committed idolatry he would not spare her but punished her euen by deposing her from her regency And indeede it is truely said a Iustitium non nouit patrem non nouit matte n ventatem voâ—s that Iustice knoweth neither father nor mother but onely the truth As Moses testifieth of Leui that he said vnto his father and to his mothe I haue not seene him neither knew he his brethren nor knew his owne children so must it be with euery good Magistrate The neerest kinsmen and dearest friends that he hath in the world must haue no more fauour then other men Besides the Lord hath entitled and stiled Magistrates by the name of Gods as Dauid saith God standeth in the assembly of gods Psal 82.1.6 he iudgeth among Gods And againe I haue said ye are gods c. And therefore as they communicate with God in his name so also they should follow his example Now the Scripture doth euery where teach vs that God is no respecter of persons The Lord your God saith Moses is God of gods Deut. 10.17 18. and Lord of Lords a great God mighty and terrible which excepteth no persons nor taketh reward c. And Iehosaphat exhorting his Iudges that he had made to the due execution of iustice vseth Gods example as an argument to perswade theÌ„ therunto Let the feare of the Lord saith he be vpon you 2. Chr. 19.7 take heed and doe it for there is no iniquity with the Lrrd our God neither respect of persons nor receiuing of reward And Elihu affirmeth the same in the booke of Iob. Iob 34.19 The Lord accepteth not the persons of Princes and regardeth not the rich more then the poore for they be all the worke of his hands The greatest and the richest are like to finde no more fauour at his hands then the meanest and the poorest Isa 11.3 for he made the one as well as the other And the Prophet Isaiah speaking of the kingdome and dominion of Christ saith He shall not iudge after the sight of his eyes he shall not bee caried with outward respects to condemne or absolue any man without cause In a word the Apostle Peter saith 1. Pet. 1.17 that God without respect of persons iudgeth according to euery mans worke And we see by experience that the greatest potentates and mightiest monarches in the world can no more escape the vengeance of God then the poorest wretches that liue vpon the earth Witnesse Pharaoh Nabuchad-nezzar and diuerse others whom God brought to confusion notwithstanding all their pride Neither can the greatest multitude of sinners that are rescue themselues from the stroake of his punishing hand no more then if they were but a few or but one person as we see in the old world in Sodome and Gomorha and the cities about them and in the great army of Sennacherib Yea the Lord correcteth his dearest children euen as well as those that are his enemies As the Apostle Peter 1 Pet. 4 17. saith The time is come that iudgement must beginne at the house of God And the Lord himselfe saith to the wicked nations Loe Ier. 25.29 I beginne to plague the citie where my name is called vpon and should you goe free And speaking of the children and posteritie of Dauid whom he loued so dearely Psal 89.30.31.32.33 as he promised that he would Neuer take his louing kindnesse from them saith notwithstanding that If they forsake his law and walke not in his iudgements if they breake his statutes and keepe not his commandements he would visit their transgression with the
rod and their iniquitie with strokes Thus should it be with al Magistrates 1. Pet 2.9 They should labour to expresse this excellet vertue of him that hath called them out of darkenesse into his maruelous light They must suffer neither great nor small one nor other to escape deserued punishment a Cauendum est ne usdem de causis alij plectantur In â—e appellâ—ntur quâ—dem â—ic of c. li. 1. They must take heede that for one and the same fault some be not punished and others not once called in question b Beâ— de Con. sid ib. 2. The magistrate as Bernard told Eugenius maketh himselfe guilty of no small offence if he doe respect the countenances of sinners and doe not rather iudge according to the merit of their causes As it is said of the law that it can neither be moued witst fauour nor weakned with power nor corrupted with money so it should be with the Magistrate c Nihil offensâ—e nihil gratiâ—e dabitur Sen. Neither feare nor fauour should diuert him from that which is right As the Sinne is no other to a a rich man then to a poore man but indifferent to all parching or refreshing all alike So must the Magistrate cary himselfe equally and indifferently to all men in the execution of iustice The rich must not be more fauoured then the poore nor the poore more seuerely dealt withall then the rich It is reported by trauellers that in Zante ouer the place of iudgement where all causes both criminall iudiciall are decided there are two Latine verses written in letters of gold on the wall to this effect d Hic locus odit amat puuit conseruat honorat Nequitiam pacean crumina iura bonoâ— This place hateth wickednes loueth peace punisheth offences preserueth the laws honoureth the good Implying that there shall be no partialitie vsed but euery man shall be proceeded withall according to his deâ—aâ—â—s be they good or euill At Athens the iudges called Areopagitâ— did sit in iudgement vpon causes in the night time that no outward and occasion or respect might worke vpon their affections to moue them either to seuerity or to pitie more theÌ„ the equity of the thing required e Cael. Rhodi lib. 10. cap. 3. And in Creta the image of Iupiter was made without cares insinuating that a Magistrate should heare no mans complaint nor petition but onely follow that which the ballance of reason and the sincerity of vncorrupted iustice did suggest Here then are all such iustly reproued as are carelesse and negligent in this respect As we see by common experience that many â—â—hes in place of iustice there is now much partiality If they be great persons and rich men that offend they are seldome punished I pray God it may not be true at this day which the heathen Oratour obserued of his times f Omnium sermone percrebitu his iudiciis quae nunc sunt pecuniosum hominem quamuis sit no cena neminem posse damnari Cic. in Ver. protem 1. act It is common in euery mans mouth that in these iudgements which are now â—o money man though he be an offender can be coÌ„demned g Nihil tam sanctum quod non violaâ—i nihil tam munitum quod non expugnari pecunia potest ibid. And indeed there is nothing so pure holy that caÌ„not be violated nothing so well fensed that cannot be won ouercome with money But the laws must nor be like vnto cobwebs which catch and hold the hâ—â—â— flies but the great ones break through them Others there be that suffer themselues to be turned out of the way by hundred acquaintaÌ„ce and friendship and such like respects Wherby it commeth to passe that according to the old prouerbe some man may better steale an horse then another may looke on If he be Cousin to we as the saying is if he be well allied let his fact be what it wil be he need not senâ—e he shall neuer be called into questioÌ„ or if he be hee shall quickly be discharged But Magistrates ought to know that there is no nerenes of kindred or alliaÌ„ce that shold be any patronage for sin WheÌ„ the Lord was wroth with the people of Israel for making the golden calfe Moses coÌ„maÌ„ded the sons of Leui Exo. 32.27 to put euery man his sword by his side and to goe to and fro from gate to gate through the host and slay euery man his brother and euery man his companion and euery man his neighbour They must spare none how neare or deare soeuer b Hae rogâ—tiones mistam necessitatem habent Cacl Calcag de rat iudicandi There are many also that for feare of greater persons are kept from executing iustice For as hath beene said before Mightie men will become suiters to inferiour Magistrates in the behalfe of offenders whom they affect And as one saith well a their request bringeth a necessity with them For vnlesse their desire be satisfied and the party whom they commend be absolued by right or wrong be his cause neuer so bad they will be sure to sit on their skirts and one time or other they will come euen with them As we reade of Agisclaus who when he commended a friend of his to the Iudge he requested him that if his cause were good hee would absoule him for iustice sake if not that he would fulfill his desire but howsoeuer the world went that he would absolue him By this meanes it commeth to passe that many notorious lewd persons are subduced from deserued punishment and reserued to commit greater villenies to the dishonour of God and the hurt of the common-wealth And therefore all magistrates are to be exhorted to labour for equall and vpright dealing in punishing offences They should shew themselues so inuincible and so impregnable against all affections as neither by force of money nor by the feare or fauour of any man whosoeuer they suffer themselues to be drawne away from the right Courage is the principall vertue and the chiefe badge of a Christian Magistrate Exod. 18.21 When Iâ—thro perswaded Moses to make and appoint rulers vnder himselfe euer thousands euer hundreds euer fifties and ouer tens The first thing that he required in them was this that the should be Men of courage And when Ioshua was appointed to succeede Moses in the gouernment of the people of Israel First Moses called him and said vnto him in the sight of all the people Deut. 3â— 7 Be of a good courage and strong And after that the Lordâ—â—aue him the same charge twice for failing Be strong and of a good courage 〈◊〉 would expell â—riue away a I cowardly anâ— fainthe â—â—â—â—â—s Deut. â— 23 Iosh 1.1 cause them manually and strongly to execute iustice though there be neuer so many impediments to encounter with al. And herein the very hâ—athen men may be our Sâ—â—lemaisters For if Solomon send the
according to the qualitie of his falt Our instruction then from hence is this That they that are in authority Prou. 20.26 are bound to punish the wicked Solomon saith A wise king scattereth the wick d and bringeth the wheele ouer them And the Lord commaÌ„ded Moses that if any man did fasly accuse his brother looke what punishment soeuer hee should haue suffered if the accusation had beene true Deut. 19.19 21. the same punishment should be inflicted vpon the accuser himse fe Yee shaâ—l doe to him as he had thought to haue done to his brother Thine eye shall haue no compassion but life for life eie for eie tooth for tooth hand for hand foote for foote And in an other place if a man by due examination of his cause were found worthy to be beaten Deut. 25.1.2 Leui. 24.16 the Iudge must cause him to lie downe and to be beaten before his face Againe the Lord gaue a special and a strict charge that he that blasphemed the name of the Lord should be put to death all the congregation should stone him to death So likewise Num. 5.301 whosoeuer did any thing presumptuously was to be cut off from among his people I confesse that men at the first are to be allured to obedience by rewards and other gentle courses but if that will not serue the turne then seuerity must be vsed Praemio et paena Solon and punishments must be inflicted Whereupon the Philosopher said hat the common wealth was vpheld by two things namely by rewards and punishments But howsoeuer if there be not seuerity to keepe men in awe the common wealth cannot be well gouerned And therefore it was the commandement of Artaxerxes King of Persia vnto Ezra that whosoeuer would not doe the law of his God and the Kings law he should haue iudgâ—ment c. And there are many reasons which may further confirme the truth of this point For first if puâ—ishment be not inflicted vpoÌ„ offenders much euill and hurt will follow thereupon as namely first of all the offender himsefe and others also are animated and encouraged in their lewde courses Their hands are strengâ—hened that they cannot returne from their wickednesse as the Prophet saith in another sence Ier. 23.14 a Maxima peccandi ille cebra impunitatis spes Cic. Milone The greatest prouocation that can bee is hope of impunitie Neither is any greater cause of euill then libertie to doe euill Because Eli would not correct his sonnes but rather stroked their heads when they did amisse therefore they behaued themselues so vilely in their places as by reason of their sinne men abhorred the Offering of the Lord. And because Dauid did so cocker Adoniah as he would not displease him from his Childhood to say 1. Sam. 2.17 23.24 1. Ki. 1.5.6 Why hast thou done so Therefore there was none more ready to take the Crowne from his Fathers head As it is in priuate families so it is in Common-wealthes when men are not punished according to their deserts they become more dissolute And therefore Bernard saith well b Nulla maio mali câ— usa quam licentia mali Cas b Impunitas incuriae soboles insolen iae mater tâ—ansgressionum â—ut ix Ber. de Consid l. 3. Impunitie is the brood of carelesnesse the mother of insolencie the nurse of transgressions c Ad peccaâ—dum p aecipi tes fâ—n qui impune peccant Tract 1. contra Demetr Alex ab Alex. lib. 3 cap. 5. Psal 10.5.6 Eccles 8.11 And Cyprian They that sinne without controlement runne headlong to sinne Impunitie is the fewell that feedeth the fury of dissolute and vnbridled persons And therefore it was wisely prouided by the Romanes that their Magistrates should neuer come in publike without their Officers to beare halberds and rods before them for the terror of those that should offend As wicked men deale with Almightie God so doe they deale with the Magistrate his Deputie Dauid saith of the wicked that because his wayes alwayes prosper and the Iudgements of God are out of his sight therefore he saith in his heart I shall neuer be moued nor be in danger and God hath forgotten he hideth away his face and will neuer see And Solomon saith Because sentence against an euill worke is not executed speedily therefore the heart of the children of men is fully set in them to doe euill So when the Magistrate is negligent in punishing offenders they and others are more emboldened to sinne We read in the booke of Iudges Iud. 17 6 18 1 19.1 21 25. of many grieuous abhominations that were committed among the Israelites as namely Micahs making of a grauen and a molten Image and consecrating of a Leuite for Idolatrous seruice the Danites spoyling their brethren by force of Armes and sacking of their cities the horrible abuse offered to the Leuites wife c. And the cause of all is said to be this In those dayes there was no King in Israel there was no Magistrate nor Law to punish them but euery man did that which was good in his owne eyes Secondly when men are suffered to transgresse without punishment the wrath of God is prouoked and publike calamities are pulled downe vpon the land The Lord tolde the people of Israel that if blood were shed in the land and the murderer not put to death Num. 35.33 the land was defiled and made lyable to Gods heauie displeasure When Ahab charged the Prophet Elijah that he was the man that troubled Israel 1. Kin. 18.18 and caused that great famine that was in the land he answered boldly That it was he and his Fathers house that troubled Israel in that he suffered so much Idolatry to be vnpunished When Achan had stollen the consecrated thing the wrath of the Lord was so kindled against all the Host of Israel Iosh 7.11.12 that they could not stand but were discomfited before their enemies Yeâ— the Lord threatned that he would be no more with them vnlesse they destroyed that person from among them When that villany was committed vpon the Leuites Concubine and the Beniamites would not deliuer those wicked men that had done it Iudg. 20.12.13 c. that they might be put to death to put away euill from Israel the Lord stirred vp the rest of their brethren to make war e against them till the whole Tribe was almost destroyed 2. Sam. 21.1 So long as the murder committed by Saul vpon the Gibeonites was vnpunished the Lord sent a grieuous famine vpon the land of Israel three yeares together And whiles Ionah that had fl d from the pr sence of God Ionah 1.4 was in the Shippe a great winde and a mightie Tempost raised by the Lord pursued the Ship that it was like to be broken and all the Marriners in danger of drowning On the contrary side whâ—â—â—â— câ— is executed vpon wicked doers the wrath of God is turned away