may helpe it to enrich himselfe or his officers or for any other indirect end shall suffer men to be impleaded and brought into trouble vpon Bills and Presentments tendred without oath §. 28. 2. to temper Iustice with Equity Secondly since Lawes cannot bee so conceiued but that through the infinite variety of humane occurrences they may sometimes fall heauie vpon particular men and yet for the preuenting of more generall inconueniences it is necessarie there should be Lawes for better a mischiefe sometimes than alwayes an Inconuenience there hath beene left for any thing I finde to the contrarie in all well gouerned policies a kinde of latitude more or lesse and power in the Magistrates euen in those Courts that were strictissimi iuris vpon fit occasion to qualifie and to a Soleo audire in potestate esse iudicis mollire sententiam mitiùs vindicare quà m iubeant leges Augustin Epist. 158. mitigate something the rigour of the Lawes by the Rules of Equitie For I know not any extremity of b Summum ius summa iniuria Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. 5. Ethic. 10. Wrong beyond the extremity of Right when lawes intended for Fences are made Snares and are calumniously wrested to oppresse that innocencie which they should protect And this is most properly c Existunt etiam saepè iniuriae calumniâ quadam nimis callidâ sed malitiosâ iuris interpretatione Cic. lib. 1. de Offic. Scriptum sequi calumniatoris esse boni iudicis voluntatem scriptoris authoritatemque defendere Id pro A. Cecinna Calumny in the prime notion of the word for a man vpon a meere tricke or quillet from the d Aucupia verborum literarum tâ—ndiculae Cic pro A. Cecinna letters and syllables of the Law or other writing or euidence pressed with aduantage to bring his action or lay his accusation against another man who yet bonâ fide and in Equity and Conscience hath done nothing worthy to bring him into such trouble Now if the Magistrate of Iustice shall vse his full power by interpreting the Law in rigour where he should not to second the boldnesse of a calumnious Accuser or if he shall not vse his full power by affoording his lawful fauour in due time and place to succour the innocencie of the so accused hee shall thereby but giue encouragement to the Raysers and hee must looke to answer for it one day as the Receiuer of a false Report Thirdly since that Iustice which especially supporteth the Common-weale §. 29. 3. to punish partiality and Collusion in the Informer consisteth in nothing more than in the right distribution of rewards and punishments many Law-giuers haue beene carefull by proposing rewards to encourage men to giue in true and needfull informations and on the contrary to suppresse those that are false or idle by proposing punishments For the informers office though it bee as wee heard a necessary yet it is in truth a very thanklesse office and men would be loath without speciall grieuance to vndergoe the hatred and eâ—uy which commonly attendeth such as are officious that way vnlesse there were some profit mixt withall to sweeten that hatred to counteruaile that enuy For which cause in most Penall Statutes a moiâ—y or a third or a Quartam accusatoribus secundum necessitudinem legis Tacit. lib. 4. Annal. fourth which was the vsuall proportion in Rome whence the name of b Quadruplatores accusatores seu delatores criminum Publicorum sub poena quadrupli siue quòd ipsi ex damnatorum bonis quos accusauerant quartam partem consequebantur Ascon in Verr. See Fest. in Quadruplatore Turneb 3. Aduers 9. Lips in lib. 4. Ann. Taciti Bisciol 14. subces 13. quadruplatores came or some other greater or lesser part of the fiâ—e penalty or forfeiture expressed in the Law is by the said Law allowed to the Informer by way of recompence for the seruice hee hath done the State by his information And if hee bee faithfull and conscionable in his office good reason hee should haue it For hee that hath an Office in any Lawfull calling and the Informers calling is such howsoeuer through the iniquity of those that haue vsually exercised it it hath long laboured of an c Quadruplator vt breuiter describam capitalis est Est enim improbus pestifer ciuis Cic. lib. 2. ad Her ill name but hee that hath such an office as it is meet hee should attend it so it is meet it should maintaine him for d 1 Cor. 9.7 who goeth to warrefare at any time of his owne cost But if such an Informer shall endite one man for an offence pretending it to bee done to the great hurt of the Common-weale and yet for fauour feare or a fee bâ—lke e aequitas in paribus causis paria iura desiderat Cic. in Top. Quis hoc statuit quod aequum sit in Quintium id iniquum esse in pâ—tuit Id pro. Quiq another man whom he knoweth to haue committed the same offence or a greater or if hauing entred his complaint in the open Court he shall afterwards let the suite fall and take vp the matter in a priuate chamber this is f Praeuaris 〈…〉 satoris corruptela ab reo Cic. in partit orat Praeuaricatorem â—um â—sse ostendimus 〈◊〉 colludit cum reo translatitie munere accusand desungitur Mar in l. 1. ff ad Senatus Turpil Collusion and so farre forth a false report as euery thing may bee called false when it is partiall and should be entire And the Magistrate if hee haue power to chastice such an Informer some semblance whereof there was in that g V. Pliâ— Epist. â— l â— ff 〈…〉 Rosin 9. Antiqu. Rom. 25. Iudicium Praeuariâ—â—tionis in Rome hee shall doe the Common-wealth good seruice and himselfe much honour now and then to vse it Fourthly since nothing is so powerfull to represse audacious Accusers as seuere Punishment is §. 30. 4. to allow the wronged party large satisfaction it is obseruable what care and caution was vsed among the Romanes whilst that State flourished to deterre men from vniust Calumniations In priuate and ciuill Controuersies for triall of right betweene party and party they had their a v. Ascon in Verrin 3. sponsiones which was a summe of money in some proportionable rate to the value of the thing in Question which the Plaintiffe entred bond to pay to the Defendant in case hee should not be able to proue his Action the Defendant also making the like sponsion and entring the like bond in case he should be cast But in publicke and criminall matters whether Capitall or Penall if for want of due proofe on the Accusers part the party accused were quit in iudgement there went a triall vpon the Accuser at the suite of the Accusee which they called b v. l. 1. §. 2. c. ff ad senatusc Turpil Rosin
Comedy It is a thing that pierceth farre and sinketh deepe and striketh cold lyeth heauie vpon the heart d Habet enim quendam aculeum contumelia quem Pati prudentes ac boni viri difficillime possunt Cic. Verr. 5. flesh bloud wil digest any thing with better patience The great e Arist. lib. 2. Rhet. 2. c. 2. where he thus defineth Anger 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Philosopher for this reason maketh Contempt the ground of all Discontent and sufficiently proueth it in the second of his Rhetoriques there being neuer any thing taken offensiuely but sub ratione contemptus nothing prouoking to Anger but what is either truely a contempt or at leastwise so apprehended Wee all know how tenderly euery one of vs would take it but to be neglected by others to haue no reckoning at all made of vs to bee so reputed as if wee were not or not worth the looking after f Vide opus Adag Megarenses neque tertij nequequarti 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Oraâ—cle said to the Megarenses And yet this is but the least degree of Contempt a g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist. vbi supra priuatiue contempt onely How renderly then may wee thinke a weake Christian would take it when to this priuatiue he should find added a h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. Positiue contempt also when hee should see his person and his weakenesse not only not compassioned but euen i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost. hom 23. in Gen. taunted and flouted and derided and made a laughing stocke and a iesting theame when hee should see them striue to speake and doe such things in his sight and hearing as they know will be offensiue vnto him of very purpose to vexe and afflict and grieue his tender soule Certainly for a weake Christian newly converted to the Faith to bee thus despised it were enough without Gods singular k Haue mercy vpon vs O Lord haue mercy vpon vs for we are exceedingly filled with contempt Our soule is exceedingly filled with the scorning of those that are at ease and with the contempt of the proud Psal. 123.3.4 mercy and support to make him repent his late conuersion and reuolt from the Faith by fearefull and desperate Apostasie And hee that by such despising should thus offend though but l Math. 18.6.10 one of the least and weakest of those that beleeue in Christ a thousand times better had it been for him that he had neuer beene borne yea ten thousand times better that a Mill-stone had been hung about his necke and hee cast into the bottome of the Sea ere he had done it Despising is a grieuous Sinne in the despiser in the Strong and despising is a grieuous scandall to the despised to the Weake Let not therefore the Strong despise the Weake Let not him that eateth despise him that eateth not And thus much for the former branch of Saint Pâ—uls aduice The other followeth Let not him that eateth not iudge him that eateth §. 10. Despising and iudging compared Faults seldome goe single but by couples at the least Sinfull men doe with sinfull prouocations as ball-players with the Ball. When the Ball is once vp they labour to keepe it vp right so when an offence or prouocation is once giuen it is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Max. Tyrius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tossed to and fro the receiuer euer returning it pat vpon the giuer and that most times with aduantage and so betwixt them they make a shift to preserue a perpetuity of sinning of scandalizing one another It is hard to say who beginneth oftener the Strong or the Weake but whether euer beginneth he may be sure the other wil follow If this iudge that will despise if that despise this will iudge either doth his endeuour to cry quittance with other and thinketh himselfe not to bee at all in fault because the other was first or more This Apostle willing to redresse faults in both beginneth first with the strong for very good reason Not that his fault simply considered in it selfe is greater for I take it a certaine truth that to Iudge one that is in the right is a farre greater fault considered absolutely without relation to the abilities of the persons than to despise one that is in the wrong But because the strong through the abilitie of his iudgement ought to yeeld so much to the infirmitie of his weake brother who through the weaknes of his iudgement is not so wel able to discern what is fit for him to do What in most other contentions is expected should be done in this not hee that is most in fault but he that hath most wit should giue ouer first Indeed in reason the more faulty is rather bound to yeeld but if hee will be vnreasonable as most times it falleth out and not doe it then in discretion the more able should do it as b Gen. 13.9.11 Abraham in discretion yeelded the choise to his Nephew Lot vpon the contention of their Herdsmen which in reason Lot should rather haue yeelded vnto him But where both are faulty as it is not good to stand debating who began first so it is not safe to straine courtesie who shall end and mend first In the case of my Text both were faulty and therefore our Apostle would haue both mend He hath school'd the Strong and taught him his lesson not to despise anothers infirmitie Let not him that eateth despise him that eateth not Now the weake must take out his lesson too not to iudge anothers liberty Let not him that eateth not iudge him that eateth §. 11. Wee must not iudge oâ—hers I will not trouble you with other significations of the word to Iudge as it is here taken is as much as to a Ne condemnato Beza Condemne and so the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is often taken in the worser sease for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tropically by a b Piscator in Schol. ad hunc locum Synecdoche generis say Scholiasts and they say true But it is a Trope for which both in this and c Euill manners haue bin the spoiling of many good words as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tyrannus Sophista Latro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Venenum Magus and in our English tongue Knaue Villaine Churle c. See Minsheu Verstegan c. in diuers other words wee are not so much beholden to good Arts as to bad manners Things that are good of indifferent we coÌ„monly turn to ill by vsing them the worst way whence it groweth that words of good or indifferent signification in time degenerate so far as to be commonly taken in the worst sense But this by the way The fault of these weake ones in the case in hand was that measuring other mens actions and consciences by the modell of their owne vnderstandings in their priuate censures they rashly passed their iudgements
saith he put righteousnesse and iudgement vpon him as a Robe and a Diadem and such things as these are worne not for necessitie but state Iob was certainely a Magistrate a Iudge at the least it is euident from the seuenth verse and to mee it seemeth not improbable that he was a f Non dubito quin Iob fuerit Rex Didac Stun in Iob 1.3 King though not likely such as the Kings of the earth now are whose dominions are wider and power more absolute yet possibly such as in those ancient times and in those Easterne parts of the world were called Kings viz. a kinde of petty Monarch and supreme gouernour within his owne territories though perhaps but of one single City with the Suburbs and some few neighbouring Villages In the first Chapter it is said that hee was g Iob 1.3 the greatest man of all the East and in this Chapter hee saith of himselfe that h Iob 29.9 when hee came in presence the Princes and the Nobles held their tongues and that i Ibid. ver 25. hee sate as chiefe and dwelt as a King in the Army and in this verse he speaketh as one that wore a Diadem an ornament k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suid. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proper to Kings Now Kings wee know and other Magistrates place much of their outward glory and state in their Diadems and Robes and peculiar Vestments these things striking a kinde of l Cultus magnificus addit hominibus authoritatem Quintil. 8. Iustit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss 29. Hoc Priami gestamen erat cum jura vocatis more dabat populis Virgil. Aen. 7. See Franc. Pollet 3. hist. fori Rom. 6. reuerence into the subiect towards their Superiour and adding in the estimation of the people both glory and honour and Maiestie to the person and withall pompe and state and solemnity to the actions of the wearer By this speech then of putting on Iustice and Iudgement as a Robe and a Diademe Iob sheweth that the glorie and pride which Kings and Potentates are wont to take in their Crownes and Scepters and royall Vestments is not more than the glory and honour which hee placed in doing iustice and iudgement hee thought that was true honour not which reflected from these empty markes and ensignes of Dignitie but which sprang from those vertues wherof these are but dumbe remembrancers If we desire yet more light into the Metaphore wee may borrow some from Dauid m Psal. 109.16.17 Psalme 109. where speaking of the wicked he saith Vers. 17. that hee cloathed himselfe with cursing like a garment and by that hee meaneth no other than what hee had spoken in the next verse before plainely and without a Metaphore His delight was in cursing By the Analogie of which place wee may not vnfitly vnderstand these words of Iob as intimating the great loue hee had vnto Iustice and the great pleasure and n It is ioy to the iust to doe iudgement Prou. 21.15 delight hee tooke therein Ioyne this to the former and they giue vs a full meaning Neuer ambitious vsurper tooke more pride in his new gotten Crowne or Scepter neuer proud Minion tooke more pleasure in her new and gorgeous apparell than Iob did true o juris aequitatis quae virum principem ornant studiocissimus eram Vatabl. hîc glory and delight in doing iustice and iudgement He put on righteousnesse and it cloathed him and iudgement was to him what to others a Robe and a Diademe is honourable and delightfull Here then the Magistrate and euerie officer of Iustice may learne his first and principall §. 6. the Magistrates first dutie Zeale to Iustice. and if I may so speake his Master-duty and let that bee the first obseruation namely to doe iustice and iudgement with delight and zeale and chearefulnesse I call it his Master-duty because where this is once rightly and soundly rooted in the conscience the rest will come on easily and of themselues This must be his primum and his vltimum the formost of his desires and the vtmost of his endeauours to doe iustice and iudgement Hee must make it his chiefest businesse and yet count it his lightsomest recreation make it the first and lowest step of his care and yet withall count it the last and highest rise of his honour The first thing we doe in the morning before we either eate or drinke or buckle about any worldly businesse is to put our cloathes about vs wee say wee are not ready till we haue done that Euen thus should euery good Magistrate doe before his priuate hee should thinke of the publike affaires and not count himselfe ready to go about his owne profits his shop his ship his lands his reckonings much lesse about his vaine pleasures his iades his curres his kites his any thing else till first with Iob hee had put on righteousnesse as a garment and cloathed himselfe with iudgement as with a Robe and a Diademe §. 7. with some examples Nor let any man thinke this affection to iustice to haue been singular in Iob much lesse impute it to simplicitie in him For behold another like affectioned and he a greater I may say too a wiser than Iob for God himselfe hath witnessed of him that for a 3. King 3.12 wisedome there was neuer his like before him nor should come after him Salomon the King Who so much manifested his loue and affection to iustice and iudgement that when God put him to his choyce to aske what he would and he should haue it he asked b 3. Kings 3.5 11. not long life or riches or victory or any other thing but onely wisedome and that in this kind Prudentiam regitiuam wisedome c Ibid vers 9. to Discerne iudgement vers 11. to discerne betweene good and bad that hee might goe in and out before the people with skill and rule them prudently with all his might in righteousnesse and equitie And the Text saith d Ibid. vers 10. The speech pleased the Lord that Salomon had asked this thing Magistrates should subscribe to Salomons iudgement who is wiser than the wisest of them and yet for farther conuiction behold a wiser than Salomon is here euen Iesus Christ the righteous the God of Salomon and the Sauiour of Salomon e Col. 2.3 in whom are hidden all the treasures of wisedome and knowledge Of whom Dauid hauing said in Psal. 45. that the scepter of his kingdome is a righteous scepter hee proceedeth immediately to shew wherein especially consisted the righteousnesse of the Scepter of his Kingdome Not so much in doing righteousnesse and punishing iniquitie though that also as in louing righteousnesse and hating iniquitie f Psal. 45.6 7. The Scepter of thy kingdome is a righteous Scepter Thou hast loued righteousnesse and hated iniquitie therefore God c. And you heard already out of the
next after it All which fiue Psalmes together as they agree in the same generall argument the magnifying of Gods holy name so they differ euery one from other in the choyce of those speciall and topicall arguments whereby the praises of God are set forth therein In the rest the Psalmist draweth his argument from other considerations in this from the consideration of Gods mercifull remouall of those iudgements hee had in his iust wrath brought vpon his owne people Israel for their sins vpon their repentance For this purpose there are sundry instances giuen in the Psalme §. 2. and matter of this Psalme taken out of the Histories of former times out of which there is framed as it were a Catalogue though not of all yet of sundry the most famous rebellions of that people against their God and of Gods both iustice and mercy abundantly manifested in his proceedings with them thereupon In all which wee may obserue the passages betwixt God and them in the ordinarie course of things euer to haue stood in this order First hee preuenteth them with vndeserued fauours they vnmindefull of his benefits prouoke him by their rebellions hee in his iust wrath chasticeth them with heauy plagues they humbled vnder the rod seeke to him for ease hee vpon their submission withdraweth his iudgements from them The Psalmist hath wrapped all these fiue together in Vers. 43.44 Many times did hee deliuer them but they prouoked him with their counsells and were brought low for their iniquitie the three first Neuerthelesse hee regarded their affliction when hee heard their cry the other two The particular rebellions of the people in this Psalme instanced in §. 3. The Coherence scepe are many some before and some after the verse of my Text. For breuitie sake those that are in the following verses I wholly omit and but name the rest Which are their wretched infidelity and cowardise vpon the first approach of danger at the Red sea verse 7. Their tempting of God in the desert when loathing Manna they lusted for flesh verse 13. Their seditious conspiracy vnder Corah and his confederates against Moses verse 16. Their grosse Idolatrie at Horeb in making and worshipping the golden calfe verse 19. Their distrustfull murmuring at their portion in thinking scorne of the promised pleasant land vers 24. Their fornicating both bodily with the daughters and spiritually with the Idols of Moab and of Midian ver 28. To the prosecution of which last mentioned story the words of my Text do appertaine The origine story it selfe whereto this part of the Psalme referreth is written at full by Moses in Numb 25. and here by Dauid but a Breuiter totum dixit quia non hic nescientes docet sed commemorat scientes Augustin hîc briefly touched as the present purpose and occasion led him Yet so as that the most obseruable passages of the History are here remembred in three verses three speciall things The Sinne the Plague the Deliuerance The Sinne with the Aggrauation thereof vers 28. They ioyned themselues also vnto Baal-Peor and ate the sacrifices of the dead The Plague with the Efficient cause thereof both Impulsiue and Principall vers 29. Thus they prouoked him to anger with their Inuentions and the Plague brake in vpon them The Deliuerance with the speciall meanes and Instrument thereof in this 30. verse Then stood vp Phinehaz and executed iudgement and the plague was stayed In which words are three things especially considerable The Person the Action of that Person §. 4. and Diuision of the Text. and the Successe of that Action The Person Phinehaz His Action twofold the one preparatory hee stood vp the other completory hee executed iudgement The Successe and issue of both the plague was stayed The person holy the action zealous the successe happy Of each of these I shall endeauour to speake something appliably to the present condition of these heauy times and the present occasion of this frequent assembly But because the argument of the whole verse is a Deliuerance and that Deliuerance supposeth a Plague and euery Plague supposeth a Sinne I must take leaue before I enter vpon the Particulars now proposed from the Text first a little to vnfold the originall story that so we may haue some more distinct knowledge both what Israels sin was and how they were plagued and vpon what occasion and by what meanes Phinehaz wrought their deliuerance When Israel trauailing from the land of Bondage to the land of Promise through the Wildernes §. 5. Balacs plotte were now come as far as a Num. 22.1 the plaines of Moab and there encamped Balac the then King of Moab not b Ibid. 2.3 daring to encounter with that people before whom c Sihon K. of the Amorites and Og. K. of Basan Numb 21. two of his greatest neighbour Princes had lately fallen d Ascitos seniores Madiani qui proximi regno eius erant amici consuluit quid facto opus esset Hist Scholast iâ— Num. c. â—2 consulted with the Midianites his neighbours and allies and after some aduice resolued vpon this conclusion to hire e Num. 22.5 7. Balaam a famous Sorcerer in those times and quarters to lend them his assistance plotting with all their might and his art by all possible meanes to withdraw Gods protection from them wherein they thought and they thought right the strength and safety of that people lay But there is no Counsell against the Lord nor f Num. 23.23 inchantment against his people Where hee will blesse and hee will blesse where he is faithfully obeyed and depended vpon neither power nor pollicy can preuaile for a Curse Balaam the wicked wretch though hee g 2 Pet. 2.15 loued the wayes of vnrighteousnesse with his heart yet God not suffering him hee could not pronounce a Curse with his lips against Israel but instead of cursing them h Num. 2â— 11 24.10 blessed them altogether §. 6. and Balaams pollicy against Israel But angry at Israel whom when faine hee would hee could not curse yea and angry at God himselfe who by restraining his tongue had voyded his hopes and a Num. 24.11 with held him from pay and honour the wretched couetous Hypocrite as if he would at once be auenged both of him and them imagineth a mischieuous deuice against them full of cursed villany Hee giueth the Moabites and the Midianites b Num. 31.16 Reuel 2.14 See also Ioseph 4. Antiquit. Iud. 5. counsell to smother their hatred with pretensions of peace and by sending the fairest of their daughters among them to enuâ—igle them with their beauty and to entice them first to corporall and after by that to spirituall whoredome That so Israel shrinking from the Loue and Feare and Obedience of their God might forfeit the interest they had in his Protection and by sinne bring themselues vnder that wrath and curse of God which neither those great Princes
not any honest Minister that will pleade for him But since there is no incapacitie in a Clergy-man by reason of his spirituall Calling but he may exercise temporall Power if hee be called to it by his Prince as well as he may enioy temporall Land if he bee heire to it from his Father I see not but it behooueth vs all if we be good Subiects and sober Christians to pray that such as haue the power of Iudicature more or lesse in any kinde or degree committed vnto them may exercise that power wherewith they are entrusted with zeale and prudence and equitie rather than out of enuy at the preferment of a Church-man take vpon vs little lesse than to quarrell the discretion of our Soueraignes Phinehes though he could not challenge to execute iudgement by vertue of his Priesthood yet his Priesthood disabled him not from executing iudgement §. 14. Phinehes his fact examined That for the Person Followeth his Action and that twofold Hee stood vp Hee executed iudgement Of the former first which though I call it an Action yet is indeed a Gesture properly and not an Action But being no necessitie to binde me to strict proprietie of speech be it Action or Gesture or what else you will call it the circumstance and phrase since it seemeth to import some materiall thing may not be passed ouer without some consideration Then stood vp Phinehes Which clause may denote vnto vs eyther that extraordinary spirit whereby Phinehes was moued to doe iudgement vpon those shamelesse offenders or that forwardnesse of zeale in the heate whereof he did it or both Phinehes was indeed the High Priests sonne as we heard but yet a priuate man and no ordinarie Magistrate and what had anie priuate man to doe to draw the sword of iustice or but to sentence a malefactor to dye Or say he had been a Magistrate he ought yet to haue proceeded in a legall and iudiciall course to haue conuented the parties and when they had beene conuicted in a faire triall and by sufficient witnesse then to haue adiudged them according to the Law and not to haue come suddenly vpon them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as they were acting their villanie and thrust them thorow vncondemned I haue a Serm. 2. ad Cler. § 30. elsewhere deliuered it as a collection not altogether improbable from the circumstances of the originall storie that Phinehes had warrant for this execution from the expresse command of Moses the supreme Magistrate and namely by vertue of that Proclamation whereby he authorized the b Num. 25.5 vnder-Rulers to slay euerie one his men that were ioyned vnto Baal-Peor Num. 25.5 And I since finde that coniecture confirmed by the iudgement of some learned men insomuch as an eminent Writer in our Church saith that c Hall 7. Contempl 4. by vertue of that Commission euerie Israelite was made a Magistrate for this execution But looking more neerly into the Text and considering that the Commission Moses there gaue was first onely to the Rulers and so could bee no warrant for Phinehes vnlesse hee were such a Ruler which appeareth not and secondly concerned onely those men that were vnder their seuerall gouernments and so was too short to reach Zimri who being himselfe a Prince and that of another Tribe too the Tribe of d Num. 25.14 Simeon could not be vnder the gouernement of Phinehes who was of the Tribe of Leui how probable soeuer that other collection may be yet I hold it the safer resolution which is commonly giuen by Diuines for the iustification of this fact of Phinehes that he had an extraordinarie notion and a peculiar secret instinct of the Spirit of God powerfully working in him and prompting him to this Heroicall Act. §. 15. and iustified Certainly God will not approue that worke which himselfe hath not wrought But to this Action of Phinehes God hath giuen large approbation both by staying the plague thereupon and by rewarding Phinehes with an a Num. 2◠12.13 euerlasting Priesthood therefore and by giuing expresse testimonie of his zeale and righteousnesse therein as it is said in the next verse after my Text b Psal. 106.31 And it was accounted to him for righteousnesse Which words in the iudgement of learned Expositours are not to bee vnderstood barely of the righteousnesse of Faith as it is said of Abraham that c Gen. 15.6 applied by Saint Paul Rom. 4.3 he beleeued God and it was imputed to him for righteousnesse as if the zeale of Phinehes in this act had beene a good euidence of that faith in Gods promises whereby he was iustified and his Person accepted with God though that also but they doe withall import the iustification of the Action at least thus farre that how soeuer measured by the common rules of life it might seeme an vniust action and a rash attempt at the least if not an haynous murder as being done by a priuate man without the warrant of authoritie yet was it indeed not onely in regard of the intent a zealous action as done for the honour of God but also for the ground and warrant of it as done by the speciall secret direction of Gods holy Spirit a iust and a righteous action Possibly this very word of standing vp importeth that extraordinary spirit For of those Worthies whom God at seuerall times endowed with Heroicall spirits to attempt some speciall worke for the deliuery of his Church the Scriptures vse to speake in words and phrases much like this It is often said in the booke of Iudges that God d Iud. 3.9.15 c. 2.16.18 raised vp such and such to iudge Israel and that Deborah and Iair and others e Iud. 5.7 10.1.3 c. rose vp to defend Israel that is f Iud. 3.10 the Spirit of God came vpon them as is said of Othoniel Iudg. 3. and by a secret but powerfull instinct put them vpon those braue and noble attempts they vndertooke and effected for the good of his Church Raysed by the impulsion of that powerfull spirit which g Nescit tarda molimina spiritus Sancti gratia Ambros. 2. in Luc. 3. admitteth no slow debatements Phinehes standeth vp and feeling himselfe called not to deliberate but act without casting of scruples or fore-casting of dangers or expecting commission from men when hee had his warrant sealed within he taketh his weapon dispatcheth his errant and leaueth the euent to the prouidence of God §. 16. yet not to be imitated Let no man now vnlesse hee be able to demonstrate Phinehes spirit presume to imitate his fact Those Opera liberi spiritus as Diuines call them as they proceeded from an extraordinary spirit so they were done for speciall purposes but were neuer intended either by God that inspired them or by those Worthies that did them for ordinary or generall examples The errour is dangerous from the priuiledged examples of some few exempted ones to take
tantum differunt quòd litigantibus plus quà m totum auâ—erunt quia maior est expensarum sumptus quà m sententiae fructus Innocent wronged with farre lesse damage than they haue beene righted there haue beene so many g Bernard lib. 1. de consid frustratoriae and venatoriae dilationes as S. Bernard in his times called them so many lingring and costly delayes vsed And for Executing Iudgement vpon Malefactors if Phinehes had suffered Zimri to haue liued but a day longer for any thing wee know the plague might haue lasted also a day longer and why might not to morrow haue beene as yesterday with them and lessened the peoples number 23. thousand more especially their former crying sinnes hauing receiued a new accession of a double guilt the guilt of Zimries fact and the guilt of their conniuence No racke should make mee confesse that man to bee truely zealous of Iudgement who when hee hath power to cut him short shall but so much as repriue a foule and notorious Malefactor or grant him any respite or liberty to make his friends and to sue a pardon Salomon hath told vs and wee finde it but too true h Eccles. 8.11 Because sentence against an euill worke is not executed speedily therefore the heart of the sonnes of men is fully set in them to doe euill Thirdly §. 22. 3. Resolutely Phinehes was nothing retarded in his resolution by forecasting what ill-will hee might purchase or into what dangers hee might cast himselfe by executing iudgement vpon two such great personages The times were such as wherein sin had gotten head and was countenanced both with might and multitude Zimri was a mighty man a a Num. 25.14 Prince of a chiefe house and he that should dare to touch him should be like to pull vpon himselfe the enmity of the whole Tribe of Simeon It seemeth hee was confident that his might and popularity in his owne Tribe would priuiledge him from the enquiry of the Magistrate how durst he else haue so braued Moses and the whole Congregation And the Woman also was the daughter of one of the b Num. 25.15 compared with Num. 31.8 fiue Kings of Midian and could Phinehes thinke that the death of two such great persons could goe vnreuenged All this Phinehes either forecasteth not or regardeth not His eye was so fixed vpon the glory of God that it did not so much as reflect vpon his owne safety and his thoughts strongly possessed with zeale of the common good had not any leysure to thinke of priuate dangers Zeale is euer c Amor timere neminem verus potest Senec. in Med. act 3. couragious and therefore Iethro thought none worthy to bee Magistrates but such as were d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viros virtutis Exod. 18.21 Iuscum esse facile est cui vacat pectus metu Senec. in Oct. act 2. men of courage And hee hath neither Courage nor Zeale in him befitting a Magistrate that is affraid to doe iustice vpon a great offender e Prou. 22.13 26.13 The sluggard saith there is a Lyon in the way and then hee steppeth backward and keepeth aloof off But the worthy Magistrate would meet with such a Lyon to choose that he might win awe to Gods Ordinance and make the way passable for others by tearing such a beast in pieces and would no more fear to make a Worshipfull thiefe or a Right worshipfull murtherer if such a one should come in his Circuite an example of Iustice than to twitch vp a poore sheepestealer Great ones will soone presume of impunity and meane ones too by their example in time learne to kicke at authority if Magistrates be not forward to maintaine the dignity of their places by executing Gods Lawes without fauour or feare Hitherto of the spirit and zeale of Phinehes by occasion of this his former Action or gesture of standing vp There yet remaine to be considered the other action and the successe of it Hee executed iudgement and the plague was stayed Both which because I would not be long I will ioyn together in the handling when I shall haue first a little cleered the translation §. 23. Executing of Iudgement The Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here vsed is a word that hath three different significations to Iudge to Pray to Appease And Interpreters haue taken liberty to make choyce of any of the three in translating this place The Greeke rendereth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the vulgar Latine which for the most part followeth the Septuagint Placauit as if wee should reade it thus Then stood vp Phinehes and made an attonement or appeased God And the thing is true God himselfe testifying of Phinehes Numb 25. that a Num. 25.11 by being zealous for God he had turned away his wrath and b Ibid. 13. made attonement for the children of Israel The Chaldee interpreteth it by Vetsalle and the ordinary English translation of the Psalmes vsually read in our Churches accordingly Then stood vp Phinehes and prayed But Hierome and Vatablus and the best translatours render it according to the most proper signification of the word and most fully to the story it selfe Dijudicauit Hee executed Iudgement Verily Prayer is a speciall meanes to appease Gods wrath and to remoue his Plagues Prayer is as the salt of the Sacrifice sanctifying seasoning euery Action we vndertake and I doubt not but Phinehes when he lift vp his hand to execute iudgement vpon Zimri Cosbi did withall lift vp his heart to God to blesse that action and to turne it to good In which respects especially if the word withall will beare it as it seemeth it will some men should haue done well not to haue shewne so much willingnesse to quarrell at the Church-translations in our Seruice-booke by being clamorous against this very place as a grosse corruption and sufficient to iustifie their refusall of subscription to the Booke But I will not now trouble either you or my selfe with farther curiosity in examining translations because howsoeuer other translations that render it praying or appeasing may bee allowed either as tolerably good or at least excusably ill yet this that rendereth it by Executing Iudgement is certainly the best whether wee consider the course of the Story it selfe or the propriety of the word in the Originall or the intent of the Holy Ghost in this Scripture And this Action of Phinehes in doing iudgement vpon such a paire of great and bold offenders was so well pleasing vnto God that his wrath was turned away from Israel and the plague which had broken-in vpon them in a sudden and fearefull manner was immediately stayed thereupon §. 24. appeased the wrath of God Oh how acceptable a sacrifice to God aboue the bloud of Bulls and of Goates is the death of a Malefactor slaughtered by the hand of Iustice When the Magistrate who is a Rom. 13.4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the