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
and he is pacified and appeased When the wrath of Lord was kindled against Israel Num. 25.3.4 because he had ioined himselfe to Baal-Peor the Lord himselfe commanded Moses to take all the heads of the people and hang them vp before the Lord against the sunne that the indignation of the Lords wrath might be turned from Israel And according when Phinehas Ps 106.30 in an holy zeale had thrust through the man of Israel and the Midianitish woman with a speare the plague ceased from the children of Israel And Dauid relating the same storie said that Phinehas stood vp and executed iudgement and the plague was staied When Achan and all that belonged vnto him were stoned vnto death Iosh 7.25.26 8. tot the Lord turned from his fierie wrath against Israel so that whereas before their enemies chased them and smote them Ionah 1 15 now they atchieued many great and famous victories When Ionah was once cast into the sea 2. Sam. 21.9.14 the sea presently ceased from her raging When the seauen sons of Saul were hanged vp in Gibea of Saul as the Gibeonites requited God was then appeased with the land And in a word 1. King 18.40.45 when Eliah had slaine the fouâ—e hundred faulse Prophets idolatrous priests of Baal whereas before there had beene neither dâ—aw nor raine for a long time the Lord presently sent raine in abundance whereby the former famine ceased And therefore if Magistrates desire either to preuent the iudgements that are threatned or hang ouer the land or to remoue those that are already inflicted they must carefully looke to the punishing of such as by their wickednesse increase the wrath of God vpon the land Nehem. 13.18 Thirdly where wicked men escape vnpunished yea not onely so Prou. 28.28 29.2 but as oft it falleth out are exalted there the good are grieued and discouraged yea as Salomon saith they are constrained to hide themselues and to sigh and mourne for sorrow It is a true saying a Bonis nocet qui malis parcit he hurteth the good that spareth them that are euill The Apostle insinuateth that Magistrates ought to prouide that those that are vnder them may leade a quiet and a peaceable life in all godlinesse and honestie 1. Tim. 2.2 But it cannot bee that men should liue peaceably and quietly vnlesse wicked men by punishments be restrained and kept in awe for they will be so insolent as a man of a quiet disposition cannot dwell by them but the more he shall seeke for peace Psal 120.7 the more will they be bent to warre as Dauid saith of his enemies Neither is it posâ—ible that godlinesse and honestie should flourish where wicked persons are vncontrouled For as weedes let grow doe ouertoppe the good corne and choake it so lewd persons left at liberty hinder the growth of pietie and godlinesse And as all these euils doe follow vpon the neglect of this duetie so on the contrary side much good will redounde to the commonwealth where it is carefully and diligently put in practise As first of all the party delinquent is by this meanes reformed and brought to liue in better order For that that Salomon speaketh of children is true also of elder persons that foolishnesse is bound in their heart Pro. 22.15 but the rod of correction shall driue it away from them And therefore he saith in another place 20.30 The blewnesse of the wound serueth to purge the euill and the stripes within the bowels of the belly And hereof we haue an example in the incestuous person who being excommunicated and deliuered vnto Satan was thereby brought to such humiliation and repentance 2. Cor. 2.6.7 that the Apostle exhorteth the Corinthians to receiue him againe into the bosome of the Church least he should be swallowed vp of ouermuch heauinesse And many amoÌ„gst vs haue coÌ„fessed that had it not beene for correction they had neuer come to good But if it be so as sometimes we see it commeth to passe that a man is so hardned in euill as that by punishment he cannot be quite reclaimed yet he is so curbed and kept in awe as he dare not sinne so boldly as otherwise he would b Meliores sunt quos dirigit amor sed plu es quos coâ—â—igit timor For howsoeuer it bee true that the better sort are directed by loue yet the greater sort are corrected by feare c Oderunt peccare mali formidine pocnae And euen the worst that are will abstaine from euill for feare of punishment Secondly by the punishment of malefactors others will be admonished to walke more warily The Lord tolde Moses that when due punishment should be inflicted vpon the false witnesses Deut 19.19 20. 21.21 The rest should heare and feare and should henceforth commit no more any such wickednesse among them And commaundement is giuen that the stubborne and disobedient Sonne should be stoned with stones that all Israel may heare it and feare 1. Tim. 5.20 Prou. 21.11 And the Apostle chargeth Timotheus to rebuke them openly that sinne that the rest also may feare And Solomon saith expresly that when a Scorner is punished the simple will be wise a Animaduersiones quo notoriores eo plus ad exemplum emendatione inque proficiunt Sen. de ira l 3. And doubtlesse publicke chastisements and punishments are very profitable for the example and amendment of others b Vt fulnuna pâncorum periculo cadunt omiâ—unsmetu sic animadueâ—siones terrent latius quam nocent For as the Thunderbolt falleth with the danger of a few but with the feare of all so the terror of punishments teacheth further then the smart c Metus ad omnes poena ad paucos peruenit Cic. pro A Cluentio Punitis malis fâ—iunt iusti attentiores et Chrysost in Ps 7. For the feare is extended to all men but the punishment to a few To this purpose Chrysostomâ— hath a good saying d When the euill are punished saith he the righteous are made more carefull For as a sound man when he seeth one that is wounded either feared or launced is made more carefull of his owne health so when a man seeth a malefactor brought to deserued punishment he is admonished to take heede of such courses It was a true saying in the generall of the Proconsul to Cyprian at his Martyrdome though ill applyed to him in particuler e In sanguine tuo caeteri discent discipli In thy blood the rest wil learne discipline Lust of all when as by due execution of Iustice dissolute persons are cut off the whole bodie of the Common-wealth is preserued from infection f Cic. in M. Anton. Phil. 8. As in a found body if there be any thing that endangereth the rest of the body we suffer it be feared and cut that some one meâ—bâ—r may rather perish then the whole body so in the
with a scourge that scarce deserue a wippe Fourthly they must consider the nature and disposition of the partie Some are more flexible and tender hearted others are more audacious and desperate in their wickednesse A lesser correction will preuaille more with the one then a greater punishment with the other As Solomon saith Pro. 17.10 27.22 A reproofe entereth more into him that hath vnderstanding then an hundred stripes into a foole For though a man should bray a foole in a morter among wheate braied with a pestell yet will not foolishnesse depart from him A Magistrate must put a difference in punishing of these There must not bee the like seuerity vsed towards them Where a pinne will serue to open an vlcer there needeth not a launcer Last of all whatsoeuer the punishment be mercy and compassion must be vsed in inflicting of it And therefore the Magistrate must not vse reuiling and reproachfull speeches to the disgrace of the offender When Ioshua was to proceede against Achan who by his sinne had troubled all Israel Iosh 7.19 hee speaketh to him in milde and gentle tearmes My sonne saith he I beseech thee g ue glory to God c. Neither must he by any cruell course make his torture greater or longer then necessitie requireth For when the delinquent shall see himselfe despised as Moses saith in the sight of him that punisheth him Deut. 25 it will bee a meanes to driue him to desperation And therefore a godly Father saith well Euen one that iudgeth aright must hold a ballance in his hands in the one end he must beare iustice in the other mercy By iustice he giueth sentence against sinne a Per illam reddit peccati sententiam per hanc peccati temperat paenam Ibid. by mercy he tempereth and mittigateth the punishment of the sinne Whereunto agreeth that speech of Saint Augustine b Duo sunt nomina homo et peccator quod peccator est corripe quod homo miserere There are two names a man and a sinner as he is a sinner punish him as he is a man pittie him And indeede mercy is the verie eye and light of iustice without which it is nothing but blinde rage and furie But aboue all mercy must be shewed to the soules of Malefactors And therefore great care should be had that by their punishments they c Poenitentiam quam perniciem malun◠Cor. Tac. Annal lib. 1. may be brought to repentance and not to destruction And this was the end which the Apost e propounded it punishing the incestuous person among the Corinthians by the censures of the Church He commanded that he should be deliuered to Satan for the destruction of the fl sh that the spirit might be saued in the day of the Lord Iesus The sword of iustice doth continually cut off many wicked persons for their due deserts 1 Cor. 5.5 And as they die a dogges death so it is to be feared that many of them the like dogges for want of knowledge and for want of grace It is a lamentable thing that in so great a place as this there is not some godly and sincere Minister appointed to instruct them better and to prepare them for their ends I confesse this Citie is famous for many excellent workes of charitie to the bodies of men The e are many hospitals wherein a great number of poore orphanes and desolate widowes are liberally fed and cloathed No doubt the loines of many such that are warmed with your garments Iob 31.20 doe blesse you as Iob saith And many sicke and wounded persons by your good prouision doe recouer the health and soundnesse of their bodies I beseech you let me begi t at your hands and who knoweth whether God sent me hither for this purpose or no that you would adde this worke of mercy to the rest which is more excellent then they all that a competent maintenance may be allowed to some faithfull and skilfull Minister who may take care of these poore wretches It were to be wished that there were in euery prison such a man maintained For we see by experience that they are nurseries of all vngodlinesse and men that once come in prison learne more villenie then euer they knew before Whereas if there were a godly minister to teach and instruct them faithfully 2. Chro 33.12 it were to be hoped that in their tribulation they would humble themselues greatly before the Lord their God as we reade Manasses did and so whatsoeuer became of their bodies yet their soules by Gods mercy might be saued But if this be a worke of too great cost yet let me so farre preuaile with you in this case that there may be a man of vnderstanding and knowledge set ouer the soules of them that are appointed to die Iob 29 13. So shall the blessing of those that are readie to perish euen in this life come vpon you and doubtlesse in the life to come Mat. 5.12 great shall be your reward in heauen All the wicked This is the second thing that was noted in the words namely the equity of King Dauid that he would not be partiall It was not likely that when he had done all he could vtterly purge the land of wicked men Yet he promiseth so to carrie himselfe in punishing of them as it should appeare he would doe it without respect of persōs he would not incline to one more then another This example doth teach all that is in authority that in punishing malefactors no partiality must de vsed All must be punished according to their desarts one as well as another Respect of persons is euery where condemned in the scripture And first in iudging 〈◊〉 was the Lords commandement vnto Magistrates ye shall not doe vniustly in iudgement Leuit. 19.15 Thou shalt not fauour the person of the poore nor honour the person of the rich but shall Iudge thy neighbour iustly Giuing vs to vnderstand that he that vseth partialitie cannot iudge righteous iudgement 16.19 And againe Ye shall haue no respect of persons in iudgement but shall heare the small as well as the great ye shall not feare the face of man for the iudgement is Gods And in another place Wrest not the law nor respect any person c. A mighty man must not be feared for his greatnesse nor a meane man must not be despised for his pouerty And Dauid in the person of the Lord reprouing the corrupt wicked magistrates of his time saith How long will ye iudge vniustly Psal 82.2 and accept the person of the wicked And Solomon in diuerse places doth the like It is not good saith he to accept the person of the wicked Prou. 28.5 to cause the righteous to fal in iudgement And It is not good to haue respect of any person in iudgement And againe 24.23 To haue respect of persons is not good for that man will transgresse for a
Vrijah the Hittite But the wicked sinne continually they doe nothing but sinne it is their daily practise they make it their ordinary trade and occupation 1. King 21.25 As it is said of Ahab that he did sell himselfe to worke wickednesse in the fight of the Lord. Moreouer the godly sinne but it is with griefe and sorrow of heart they take no more pleasure nor delight in their sinne then the horse doth in his heauy loade or the prisoners in his irons and fetters And therefore the Apostle crieth out as if he were ouer tyred with the masse of sinne that was in his flesh Rom. 7.24 O wrâ—tched man that I am who shall deliuer me from the body of this death Prou. 2.14 4.16 But the wicked sinne with delight and ioy as Solomon saith They reioice in doing euill Nay they caâ— not be merry they cannot sleepe quietly in their beds except they haue done euill Last of all the godly sinne with resistance They wrastle and striue against their sinnes by praier by fasting and all other good meanes Gal. 5.17 The spirit that is the generate part continually â—usteth and fighteth against the flesh And this the Apostle sheweth by his owne experience Rom. 7.15.19 I allow not saith he that which I doe And I doe not the good that I would but the euill which I would not 25. that I doe And againe I my selfe in my minde â—erue the law of God but in my flesh the law of sinne The godly then are in a continuall combate and coâ—flict against their sinnes Heb. 12.4 But the wicked are caried headlong to sinne with full sway with their whole endeauour and with all enforcements that may be Ier. 8.6 They turne to their sinfull courses with as great violence as the horse rusheth into the battell They worke all vncleanenesse euen with greedinesse Ephes 4.19 Neither did the hungry fish more eagerly and greedily follow after the baite then they doe pursue and hunt after the occasions of sinne Yea they striue euery one to excell other Their feete runne to euill Isa 59.7 1. Pet. 4 4 and they make hast to shed innocent blood And they runne into all excesse of riot Thirdly there is difference in their continuance in sinne The godly Prou. 24.16 though They fall seauen times a day as Solomon saith yet they rise againe they renew their acquâ—â—â—tance as oft as they renue their sinnes That which the Apostle speaketh of anger in particular that a godly man will not suffer the sunne to goe downe vpon his wrath Ephes 4.26 that they practise in all sinne They will not sleepe in any sinne but continually breake of their sinnes by righteousnesse Dan. 4.24 as Daniel exhorted that proud King of Babylon But the wicked dwell and continue in their sinnes they he along yea they wallow and â—umble and weltâ—r themselues in them as the sow doth in the mire without any thought of rising againe Psal 1.1 Rom 2.5 Isa 5.18 30.1 They sit downe in the seate of the scornfull They haue brought such an hardnesse vpon their hearts by the custome and continuall vse of sinning as that they cannot repent They are so farre from breaking of the course of their sinnes as they draw iniquity with cordes of vanitie and sinne as it were with cartropes Yea they lay or heape sinne vpon sinne as the Prophet saith Deut. 29.19 adding drunkennesse to thirst And being by the iust iudgement of God giuen ouer and left to themselues Psal 65.27 they fall from one wickednesse to another Last of all they differ in the vse they make of their sinnes The godly are made more wary and more heedfull for the time to come and more carefull to auoid all occasions of sinne And this the Apostle affirmeth when speaking of the fruites of true repentance and godly sorrow he saith that it wrought in them great care great indignation great feare great desire c. We say in our common prouerbe 2. Cor. 7.10 11. The burnt childe dreadeth the fire So a man that hath beene burnt in the hand by his sinne that hath felt the displeasure of God and the horrour of conscience by reason thereof will take heede how he falleth any more into sinne while he liueth But the wicked the more they sinne the more bold and audacious they are to sinne againe Ier. 3.3 Ier. 8.12 They haue gotten an wheres forehead they cannot blush Were they ashamed when â—hey had committed su h abhominations saith the Prophet Ieremiah nay they were not ashamed neither could they haue any shame they were past shame Isa 3.9 The triall of their countenance doth testifie against them yea they declare their sinnes as Sodome they hide them not They care not who seeth them To this purpose Bernard hath a very excellent saying Bern. in Ps l. 91. serm 2. Ho. interest â—iâ—er pioâ—um et implorum câ—â—â— â— c. There is this difference saith he betweene the fals of the godly and the wicked that a righteous man is vpholden by the Lord and therefore he riseth againe stronger then euer he was but when an vnrighteous man falleth he neuer riseth againe Nay he is so farre from rising that either hee falleth into hurtfull shame or else into flat impudency For either he excuseth that which he doth and that is a shame that maketh a man sinne more or else he hath an whores forehead so as he neither feareth God nor careth for man A righteous man hee falleth vpon Gods hand and after a maruellous manner euen his sinne is turned to his good according to that saying of the Apostle All things worke together to the best to those that loue God And saith he doth not that fall make for our good whereby we become both more humble and more wary This then doth serue to confute the fond opinion and conceit of them that thinke it is not lawfull either for the Minister or for any other Christian to iudge any man As our Sauiour Christ saith Iudge not condemne not It is true a man must not iudge rashly and vnaduisedly without good ground and sufficient reason Neither must any man iudge finally of another mans estate For that belongeth solely and onely to God Mat. 7.16 But as a man may iudge of the goodnesse or badnesse of the tree by the fruite that it beareth so by the conuersation of men we may iudge of their present estate If any man shall presume of another mans finall estate whether he shall be saued or damned he goeth further then he hath warrant for and taketh Gods office cut of his hand A iury by the euidence that is produced and by due examination of the cause may finde a man guilty but neither they nor any man els can say he shall be hanged because it is in the power of the king to pardon him In like manner when we see the wicked life and leaude