reason for his saying will give a good account both of the Truth he affirms and of the Title we use For says he a Governour ought to be as a Living Justice And again Justice is Equity as also a Judge is (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Eth. L. 5. C. 4. Every Man has a right to what by Law is his and the Force of the Community is in the hand of the Governours that by them every Mans right may be secured By the Law Magistrates know what they are to do By their Power they can do what they ought and by their Conscience and Honour they are prevailed with to do right as by Law they are bound and as by their Power they are enabled No other consideration whatsoever ought to prevail with Magistrates but that of Right and because many other things will put in with them they must take heed what they do Men are influenced by others and by themselves and the Magistrates must needs be Men who are liable to those influences A Man may be influenced by others i. e. by his Friends or by his Enemies and a Man may be influenced by himself i. e. by his Temper and by his Passions viz. of Love Desire and Joy or Hatred Anger and Sadness For the same thing hath not the same appearance to him who Loves and to him who Hates to him who is Angry and to him who is not Angry (d) Arist Rhet. L. 2. C. 1. §. 3. The methods of Allurement and Terror are innumerable and the subtilties of them are unsearchable and therefore a Man who is to do right had need take heed what he does the representations made by our Affections are deceitful and the insinuations of them are imperceptible so that a Man had need take heed of Himself as well as of others A Magistrate is to remember that he is strictly observed and that those who observe him are not under the influences which he is under He that acteth in a Political Capacity must inform himself certainly what is Right and must be tenacious of his Purpose to do nothing but what is right He must be free from all Ambition and Anger and must maintain a full Assurance of Mind and not yield to Enemies or to Difficulties Ye shall not respect Persons in judgment but ye shall hear the small as well as the great ye shall not be afraid of the face of man (e) Deut. 1.17 He that saith unto the wicked thou art righteous him shall the people curse nations shall abhor him But to them that rebuke him shall be delight and a good blessing shall come upon him These things also belong to the wise It is not good to have respect of Persons in judgment (f) Prov. 24.24 25 23. Ye shall do no unrighteousness in judgment Thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour (g) Lev. 19.15 And as Neglect of the Poor must not pervert Justice so neither must Compassion to them do it Neither shalt thou countenance a poor man in his cause (h) Exod. 23.3 In short the Merits of the Cause and not the Quality of the Person must be considered for Justice is Sacred and inflexible A Magistrate must have no Friendships or Enmities to the Prejudice of Equity But he must have the same Regard to all good Men and must put the same Restraint upon all those who are Bad. He is to be for the Punishment of evil-doers and for the praise of them that do well (i) 1 Pet. 2.14 And whosoever is resolved to do right must take take heed what he does because most Cases are made intricate by the Litigants and without great Caution there can be no certain Justice King Jehoshaphat knew this well He knew what Temptations a Magistrate is under to do Injustice and how difficult 't is for him to do Justice And he warned the Magistrates accordingly Take heed what ye do This is the Admonition which was given unto Subordinate Magistrates by the King 2. The Reasons for that Admonition are strong and irresistible No Man who considers them can be insensible Magistrates must take heed what they do 1. Because they govern for God by whom they are entrusted and to whom they are accountable 2. Because that God for whom they govern is present with them and an Observer of them in their Administration of Justice 3. Because that God who observes what their Administration of Justice is is himself most Just and Righteous These are the Arguments which King Jehoshaphat makes use of in his Speech to Inferior Magistrates He might have said to them Ye have received your Power from me I will have an Eye over you and inform my self certainly what you do You shall find me inflexibly Just to punish all who are unjust and especially those Magistrates who are unjust He might have used these Arguments And the matter of them had been true and important But he did suggest what was less obvious yet more considerable viz. That they acted for God That God was present with them That God is Just whose Ministers of Justice they are I shall lay before you the Arguments of King Jehoshaphat And the 1st Argument is That Magistrates must take heed what they do and do right because they govern for God from whom they receive their Power and to whom they are accountable for the Use of it Subordinate Magistrates do not immediately receive their Power from God but from the King as Supreme And they are not accountable to God only but to their Superiors But he was a King who told them Ye judge not for men but for the Lord. And Moses said The judgment is God's Justice or doing Right to every Man is a Divine Vertue And the Administration of Justice or the helping Men to Right who suffer Wrong is a Divine Power God is the supreme and universal Governour of the World And is called The judge of the whole earth (k) Gen. 18.25 Governours are the Vice-gerents of God and they have his Name I have said ye are Gods (l) Psal 82.6 And our Saviour argues from thence that they are warrantably called Gods who have received Power from God (m) Joh. 10.34 And S. Paul says There is no power but of God The powers that be are ordained of God (n) Rom. 13.1 are placed in that order they are by God himself And as they are appointed by God so they act for him They judge for the Lord not for man but for the Lord. Subordinate Magistrates do represent the Supreme and judge for him But it was the Wisdom and Piety of a King to tell them There was more than so in their Office for they executed it for God and not for him i. e. not so much for him as for God The Supremacy and the Subordination are both the Appointment of God and all Governours are
govern and that Sufficiency consisteth in Wisdom Justice and Power The reason for this is because the Administration of Government is a Work of great Difficulty and of great Consequence And because those who do govern are a Pattern to those who are governed Governours are publick Persons and cannot lead private Lives And therefore they ought so to live that they may be exemplary Themistocles did so when he came unto the Government he laid aside those Liberties that he took before and behaved himself in all things with a special Severity (m) Plutarch And great Reason there was why he should do so for the People do narrowly observe not only the publick Justice but also the common Converversation of the Magistrate insomuch that small Things were objected against Pompey the Great The grave Philosopher observes That as a little Wen or Wart in the Face is more troublesome than far greater Irregularities and Mutilations in other Parts of the Body so small Faults in the Life of a Magistrate are accounted great ones through the Opinion which Mankind have that Governours are extraordinary Persons and such as ought to be free from all Error and Fault (n) Plutarch de Reip. ger praecept Livius Drusus was sensible of this and when after he was made Tribune a Carpenter offered him for five Talents to alter all those Places in his House through which it could be inspected by his Neighbours The Tribune answered That he would give him ten Talents if he would contrive to lay his House so open that all the Citizens might see how he lived Plutarch notes That he was a sober and vertuous Man But adds That there was no need his House should be so open the Citizens would know how he lived without that Advantage (o) Plut. Reip. gerend praecepâ— Because therefore the Interest of great Multitudes dependeth upon the Vertue of Governours and because the Lives of many will be formed by their Example it is necessary that Governours should bâ— strictly Vertuous 'T is necessary that Magistrates should be qualified for their Office and 't is necessary that there should be many subordinate Magistrates for if one Man were sufficient for several Offices yet it were not safe for him to undertake them (p) Arist Pol. l. 2. but according to Plutarch's Similitude (q) Plutarch Reip. ger praecept as the Hand being divided into Fingers is not thereby made the more impotent but is a more compleat and artificial Instrument for the use of Man so dividing the Parts of Government among many is most Advantagious for the Society So Moses did here and so it has been in all Nations and what the Nature of things did require the Law of God does approve For in the Institution of the Sanedrim (r) Numb 11.16 17. we find that Moses chose Seventy Elders by the Order of God and God put the Spirit of Government upon those whom Moses had chosen as he promised Thus it was at the first erecting of the Jewish Polity and the same was observed afterward for in the Days of Jehâ—shaphat we see he appointed subordinate Governours as Moses had done at first He set Judges in the land throughout all the fenced cities of Judah city by city Agreeably the Apostle says (s) 1 Pet. 2.13 14. Submit your selves to every ordinance of man for the Lord's sake whether it be to the King as supreme or unto Governours as unto them that are sent by him Subordinate Governours derive their Power from the Supreme and are accountable to him Subordinate Governours are to obey as well as to govern And they are directed in their Government by their Obedience It is an old Saying That he who would govern well must first obey (t) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Pol. l. 7. sect 58. And Ariâ—totle quotes it as a Saying in his Time received by common and long Consent But Subordinate and Temporary Governours have this special Advantage for governing well That they have obeyed before that they must obey again those who are in the same Places they hold and they do obey all the Time those who are Supreme Government is necessary to Society and Subordination is necessary to Government For as no Society can subsist without Government so no Government can subsist without Subordination And this unavoidable Necessity is a publick Benefit for as those who govern take care of the publick Interest so it is expedient there should be those to whom they should give an account (u) Arist Pol. l. 6. § 40. l. 3. §. 53 c. l. 2. p. 134 153 126 l. 3. §. 30. Dan. 6.1 2. and 1 Sam. 12.1 c. And so it is in all Subordinate Governours Thus we see That particular subordinate Magistrates are necessary That Vertue is a necessary Qualification in Magistrates That the Law is the Rule (x) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Pol. l. 1. c 6. And that the Supreme is the Judge of their Administration Hitherto we have seen the Appointment of Subordinate Magistrates by the King II. We have the Charge which the King gave unto those whom he had appointed Subordinate Magistrates The Charge was given by a Religious King And so there is Power (y) Eccl. 8.4 and so there is Equity in it But herein I am to consider 1. The matter of the Admonition which is contained in the Charge or Speech of the King and that Admonition is short and Comprehensive Take heed what ye do and Take heed and do it 2. The Reasons for that Admonition and they are strong and irresistible as we shall see presently 1. The Matter of the Admonition which is contained in the Charge or Speech of the King and that Admonition is short and comprehensive Take heed what ye do and take heed and do it The particulars of their Office are not recited nor was it necessary they should be recited to Men who were fit for their Office They knew from the nature of their Office which was to Govern and from the matter of the Laws according to which they were to Govern what their Duty was In some it was their necessary Duty to do right unto all and to help them to right who stand in need of their help For this purpose they were furnished with Power and qualified with Knowledge and supposed to be Just The general Rule for this Justice is given by Menelaus in Homer (z) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Determine equally between both Parties and not with partiality (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Eth. L. 5. C. 4. The Law is supposed to be the Rule of Justice and Governours are to execute the Law and to administer Justice Therefore Aristotle says To go unto the Magistrate is to go unto Justice (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Eth. L. 5. C. 4. And among us some of our Magistrates are called by the Name of Justice And Aristotle's
in their Hearts a great Veneration of Divine Justice 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 Justice is doing Right unto Men And that doing Right is doing Benefit and those who do it are Benefactors (c) Luke 22.25 But as Men are united in Society so the Personal Rights of Men are retrenched that the Publick Rights may be established And every one gains more Advantage from Society than he parts with for it (d) Ex quo leges moresque constituti tum juris aequa descriptio certaque vivendi disciplina per quas bene beateque vivitur quas res mansuetado animornm consecuta verecundiae est Effectumque ut effet vita munitior atque ut dando accipiendo mutandisque facultatibus commodis nulla re egeremus Tull. Offic. l. 2. Besides Benefit is to be conferred and Right is to be done unto one Man in such sort that Benefit may be conferred and Right done to all others (e) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Pol. l. 3. c. 9. Communis Reipublicae Sponsio Justice is therefore doing Right and Kindness to all and there is a great Wisdom necessary for the adjusting those Rights and a great Power necessary for the maintaining them For this the Justice of God is venerable because there is no Partiality or Respect of Persons with him But he is equally Just and Good unto all and his tender Mercies are over all his Works He employs the greatest Wisdom and Power to maintain Right And as the Rights of Men are originally from God so they are defended by him The Laws of God oblige every one to do Right to every one as he himself does And as the Dispensations of his Providence are Exercises of his Dominion so by them God defends the Rights of Men. And most certain it is that no Man can do Wrong but he shall suffer Punishment Vengeance belongs unto God and he will repay it God does not perhaps avenge so soon as we desire or in such manner as we desire because God's Wisdom and Justice are more perfect than ours But as the Justice of God is manifested by his Laws and by his Judgments so that manifestation of his Justice is the Assurance of our Right and Welfare This Justice of God we ought to have in the greatest Veneration by which he protects the Rights of the Innocent and punishes the Injuriousness of the Wicked All that good which any of us enjoy not only comes from God but is secured to us by him And that we are not deprived by the Injustice of others of any thing we value is owing unto the Justice of God 'T is not by our own Wisdom Power and Friends whatever we may think that we either obtain or keep what is commodious or necessary for us But we should lose it through the greater Subtility and Power of others if it were not for God (f) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss 3. A Man who well considers the World must be convinced of this and he who is convinced of it must adore the Justice of God And may every one so consider this as to be possessed with the greatest Veneration of that Justice For by such a Perswasion a Man shall honour God and enjoy himself Whereas he who ascribes all to his own Wisdom and Power must needs be forgetful of God and disordered in his Mind And either be vainly conceited of his own Abilities or extreamly fearful of others Nor can a Man possess his Soul long in Tranquility through the Delusions of his Pride Since God in Justice may let loose the Malice of others against him and convince him of his Insufficiency by bringing him to Shame 'T is indeed through the interposing of the Justice of God who does Right to every Man that any Man does enjoy what he has a Right to and most adorable is that Justice which maintains Right among Men where so many employ all their Power to do Wrong The Divine Justice does not effectually hinder all Men from doing any Wrong But it does hinder very much Wrong which would be done And it also helps them to Right who suffer Wrong This Consideration is apt to create a great Veneration of God in us and ought to be much thought upon for that Purpose But as this is a proper Subject for the Meditation of all Men so especially for the Meditation of those who have any Share in the Government of Men. Such are in a peculiar Sense the Ministers of God They are the Istruments that God uses in a special manner for doing Right to Men. Those who are Governours ought to reverence Government as a Divine Expedient for the doing of Right And those who rule over others are to look upon their Office as entirely for that End And a Magistrate who reverenceth Justice as that for which God is adoreable must needs count Justice a Duty for which Man is truly Honourable (g) Omni igitur ratione colenda retinenda Justitia est tum ipsa per se nam aliter justitia non esset tum propter amplificationem honoris gloriae Tull. Off. l. 2. The Honour of Magistracy is indeed its subserviency to Justice And so venerable is Justice that to minister to it in any degree is honourable I need not say That Punishments are not the first or chief much less the only part of Justice For they are only accidentally necessary through the Violations of Justice Justice is doing Right and maintaining Right 'T is employing Wisdom and Power to constrain those to do Right who are unwilling and to hinder them from doing Wrong who are disposed to it as most are through Malice or Partiality (h) Arist Pol. l. 6. c. 8. Now as no Man can be any further Happy or Safe than he can enjoy those Rights that God has given him so no Man can keep those Rights that he may enjoy them without God To God's just Government of the World and to his constant interposing for the Defence of Right we owe all the Good that we enjoy This should cause us to magnify God and to account it a most important Office that those are put into who are to govern any part of the World under God and to be his Instruments to defend the Sacred Rights of Men (i) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Eth. l. 5. This is a Contemplation fit for all Magistrates to entertain themselves with every Day in their Retirements And so to possess their Souls with the greatest Veneration of Justice as the Property and Similitude of God In the just Governing of Men there is an Image of the Government of God and by their Office Governours resemble God and are subordinate to him So far as their Administration of Government is just 't is doing the Work of God And for this a Magistrate ought to Reverence his Office and himself And he that being a Magistrate does for this only reverence his Office and himself will do what shall deserve and gain Reverence i e. will do Right unto all according to his Understanding and Power and nothing can be more Honourable than such Justice for this Justice is the Glory of God and for it God is adored by the whole World II. Let Magistrates pray daily unto God That in their Places and according to their Offices as they rule over Men they may be Just Ruling in the Fear of God (k) 2 Sam 23.3 That no Surprize or Mistake no Passion or Partiality may hinder them from doing all Right to all Men. Such Petitions a Magistrate is to add unto his daily private Devotions And as such Petitions coming from a Soul that unfeignedly desires to do right are a good Sign So through God's Help those Prayers will be a proper means to enable him to all necessary Justice For he who desires heartily That he may govern for God's Glory i. e. for the good of Men shall not be destitute of God's Grace But as God rules for his own Glory doing Good to Men so God will assist those who beg his Assistance that they may follow his Example And what I have said here as Advice to All who are Governours in general I have said to you Two in particular To you Sir who are this Day to Leave and to you Sir who are this Day to take the Place of the Chief Magistrate of this City You Sir that have had Experience of the Venerable Office of doing Right in your Capacity to the Citizens of this City may at leisure recollect your self and bless God for it when you remember he has given you the Heart to do impartial Justice For doing Justice is a Divine Work And you Sir who do this Day enter upon this Office let not the Day pass away without earnest Prayer unto God That he would give you a Heart equal to your Power of doing impartial Justice to your Fellow-Citizens So shall you reflect upon your Year at the End of it and at the End of your Life with Satisfaction and Joy And for this Grace of Universal Justice let let us now pray Grant we beseech thee Almighty God That the Words which we have heard this Day with our outward Ears concerning the Venerable Nature and absolute Necessity and great Advantages of Justice may be so grafted inwardly in the Hearts of all Men whose Duty it is to do Right and of all Governours whose Office it is to maintain Right That they may bring forth in us all the proper Fruit of Just and Good Living to the Honour and Praise of thy Name through Jesus Christ our Lord. Amen FINIS Advertisement THERE is published by the same Author a small Treatise entitituled Religion the Perfection of Man In 80.
God's Ministers If therefore it be a good Argument to perswade Subordinate Magistrates To take heed what they do because they represent the King and act for him it is a much stronger Argument that Magistrates represent God and act for God The Administration of Justice is God's Work And those who administer Justice do judge for God The doing Right unto all is what belongs unto God And the Magistrates are in this the Ministers of God to us for good (o) Rom. 13.4 There is an Honour put upon all Magistrates by the Trust which God reposes in them And they are by their Character obliged to take care of Justice which is the Interest of God in the World 2. Magistrates must take heed what they do because that God for whom they govern is present with them and an Observer of them in their Administration of Justice God standeth in the congregation of the mighty he judgeth among the Gods (p) Psal 82.1 upon which Consideration the Psalmist exhorts them unto Justice How long will ye judge unjustly and accept the persons of the wicked Defend the poor and fatherless do justice to the afflicted and needy deliver the poor and needy rid them out of the Hand of the wicked (q) v. 2 3 4. Hesiod says the same Truth and makes use of it to the same purpose O ye Kings says he remember justice for God is present among men and observes how men tear one another in pieces by injustice without regarding God The most high God has three thousand divine spirits who walk about the earth concealed in darkness the guardians of mankind observing the actions of men and the Administrations of justice Justice says the Poet is a Virgin born of God and had in the greatest Reverence by all that abide in Heaven and whenever she suffers an Injury she complains unto her Father (r) Hesiod oper dies v. 246 c. so I translate with some accommodation of the Poet's Sense to the Christians Style upon which he exhorts those who govern to do justice because God sees all that is done The Eye of God sees and the Heart of God considers all things (s) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesiod If a Subordinate Magistrate were to execute his Office in the presence of the King he would surely take heed what he did that he might do right But we are sure that every Magistrate executes his Office in the Presence of God who is Lord of Lords and King of Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (t) Hesiod gen deor v. 886. which we may translate by warranty of the 8 2d Psalm Jehovah is the King of Gods Or the Lord is God of Gods (u) Deut. 10.17 King Solomon speaking concerning the Administration of Justice says If thou seest the oppression of the poor and the violent perverting of judgment and justice in a province marvel not at the matter for he that is higher than the highest regardeth and there be higher than they (x) Eccl. 5.8 This reacheth not only to the Subordinate but also to the Supreme for verily the Lord is God over all and judgeth in the Earth◠All the Judgments of Men shall be judged over again and God who is to do this sitteth in the Judgment with them This God is invisible but he is present And that Consideration is most powerful to perswade Men to do right 3. Magistrates must take heed what they do because that God who observes all the Administrations of Justice is himself most just A God of truth and without iniquity just and right is he (y) Deut. 32.4 Far be it from God that he should do wickedness and from the Almighty that he should commit iniquity For the works of a man shall he render unto him and cause every man to find according to hisways (z) Job 34.10 11. The Punishment of unjust Men is a Vindication of the Just God and demonstrates his Providence and his Equity The Poet represents himself uncertain whether the Interests of Men and the Affairs of the World were governed by a Divine Providence or blind Chance When he considered the Order Magnificence and Stability of Nature he inclined to belive God the Author of all things But when he considered the Adversity of the Righteous and the Prosperity of the Wicked he began to question it But when one who was exceedingly wicked was also remarkably punished that Event vindicated the Honour of God and settled his Opinion of Providence (a) Psal 73. Seneca de Provid Abstulit hunc tandem Rufini poena tumulium absolvitque deos Jam non ad culmina rerum injustos crevisse queror Tolluntur in altum ut lapsu graviore ruant Claud. in Ruf. l. 1. That God is Just is manifest from his Nature and from his Dealings And because wicked Men will not fear his Justice they perish by it their Miseries and his Vengeance prove the Divine Justice sensibly to themselves and others and happy they who timely consider and repent so as to imitate God who is the Judge of all the Earth and does right Did a Subordinate Magistrate know that the King whom he represents was a Just Man he would not dare in his Presence to do an unjust Act for Injustice with that Circumstance would be unspeakable Insolence But for any to do what is unjust in the Presence of God is greater Profaneness Upon this Consideration it is a piercing Question Do ye indeed speak Righteousness O Congregation do ye judge uprightly O ye Sons of Men (b) Psal 58.1 Those who administer Justice for a just God must be sure to do it justly for God will not endure that his Name and his Authority should be profaned by Injustice Thus I have shewn you what Arguments King Jehoshaphat used to perswade those Subordinate Magistrates which he placed in the several Cities To do right and he did thus admonish and perswade those whom we have no ground to believe he suspected for if he had suspected them 't is likely he would not have made them Magistrates I have hitherto explained the Royal Speech of Jehoshaphat to his Subordinate Magistrates and so I may say you have heard the Word of a King but that is not all for the Word you have heard is greater than that of a King 't is the Word of God This Word I shall once more repeat and then proceed to Application Take heed what ye do for ye judge not for man but for the Lord who is with you in the judgment Wherefore now let the fear of the Lord be upon you take heed and do it For there is no iniquity with the Lord your God nor respect of persons nor taking of Gifts The Application shall be Advice to all Publick Persons I. To maintain in their Hearts a great Veneration of the Divine Justice And II. To Pray unto God to enable them in their Capacities to imitate that Justice I. Let all Publick Persons maintain
A SERMON Preached in the Cathedral Church OF NORWICH AT THE Mayor's Guild JVNE xx 1693. By JOHN JEFFERY M. A. Minister of S. Peter's of Mancroft in Norwich LONDON Printed for Iames Adamson at the Angel and Crown in S. Paul's Church-Yard 1693. Imprimatur Septemb. 8. 1693. GEO. ROYSE To the Right Worshipful Robert Cooke Esq MAYOR OF The City of Norwich SIR JUstice is so necessary to Society and so essential to Religion that none can be Safe in this World or Happy in the next farther than it prevails in their Hearts and Lives The Dignity and Fitness of the Subject was that which induced me to chuse it for the Occasion And the same Reason I believe made you desire the Sermon might be printed for your Use And as nothing is more agreeable to the Office of a Magistrate or to the Duty of a Christian than Justice so I do most heartily recommend this great Truth to the serious Consideration of all and particularly of your self Adding my Prayers unto God for you That he would endow you with all those Gifts that are necessary for your Office and make you faithful in it which is the most proper Expression of my Regards to you who am Your Humble Servant JOHN JEFFERY 2 Chron. xix 5 6 7. And he set Judges in the Land throughout all the fenced cities of Judah city by city And said to the Judges Take heed what ye do for ye judge not for man but for the Lord who is with you in the judgment 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 THE Matters of Government and the kinds of Governours are Military Civil and Ecclesiastical And the Supreme Powers are supreme in all these Cases Accordingly we find in the History of Jehoshaphat which is contained in Chap. 17 18 19 20. of this Book how he placed subordinate Governours of every kind throughout his whole Kingdom There were Garisons in all those Cities which could be fortified For it was a Time of War c. 17.1 There were also Civil Magistrates in the same Cities as in the Text. There were also Ecclesiastical Rulers which are particularly mentioned concerning Jerusalem v. 8. He set Levites and Priests And the chief Ecclesiastical Governour there was Amariah v. 11. The King himself was supreme and in him all the Powers Military Civil and Ecclesiastical did concenter So it was among the Gentiles and among the Jews And there is a Necessity it should be so for there cannot be two Supremacies in one Nation (a) Letters of Father Paul Let. 123 But the Text and the occasion confine my Discourse to the Subordinate Civil Magistrates which the King placed in every City And these are called Judges The Word Judges is not used so strictly in the Scriptures as in our Nation For there it signifieth at large a Governour and sometimes the supreme Governour Moses in his Time was undoubtedly such and S. Stephen recounting the History of him noteth That the injurious Hâ—brew said unto Moses Who made thee a Ruler and a Judge over us (b) Acts 7.27 and in Exodus it is Who made thee a Prince and a Judge (c) Exod. 2.14 Where Ruler or Prince and Judge are Words of the same import and S. Stephen useth the same Words that the LXX do viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (d) Ex. 2.14 and Acts 7.27 35. Nor was the Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unknown in this Signification among the Gentiles any more than among the Jews Among the Jews all the Supreme Governours from Moses and Joshua to the Kings were called Judges and they had such a Power as the Dictators had among the Romans and did such Offices for the Jews as the Heroes Hercules and Theseus (d) v. Plutarc in vita Thess and others did for the Gentiles viz. delivering them from Violence and Oppression I need not enquire further into the Form of the Jewish Government at that Time Or state how far it was in ordinary Aristocratical with respect to the Sanedrim (f) Exod. 18.24 c. or Theocratical with respect to God (g) 1 Sam. 8.7 and 12.12 or Monarchical with respect to the Judges (h) Judg. or how it was mixed of all these 'T is sufficient for my present Purpose that by Judges in Scripture are meant at large Civil Magistrates That the Supreme Governour is sometime so called and that the Subordinate are so called in the Text so that the meaning of it is this That King Jehoshaphat set Civil Magistrates in every City and that each City had a Chief Civil Magistrate of its own And that the King charged them to govern righteously in their several Places In the Words we have I. The Appointment of Civil Magistrates in every City by the King II. The Charge which the King gave unto them concerning their Office I. The Appointment of Civil Magistates in every City by the King Jehoshaphat set judges in the land throughout all the fenced cities of Judah city by city We have in the Old Testament the History of the Jewish Nation And that from the first original and fundamental establishment thereof so that we know not only what manner the Supreme and Subordinate Magistrates did succeed in after-Times but also how they were constituted at the beginning And as for the Subordinate Magistates we find that they were at the first chosen by Moses the Supreme and that his Choice was approved by God At their coming out of Egypt Moses was the only Governour and Jethro observing the intolerable Encumbrance gave him counsel To provide out of all the people able men such as feared God men of truth hating covetousness and to place such over them to be rulers of thousands and rulers of hundreds and rulers of fifties and rulers of tens And let them says he judge the people at all seasons And it shall be that every great matter they shall bring unto thee but every small matter they shall judge So it shall be easier for thy self and they shall bear the burden with thee If thou shalt do this and God command thee so then thou shalt be able to endure and all the people shall go unto their place in Peace (i) Exod. 18.13 c. 24 c. This Counsel Moses followed chusing Subordinate Governours under him and chusing such Men as were fit to be Governours The History of this Moses recounts in his last Speech to the People (k) Deut. 1.9 c. And the Qualifications of those Men were much the same that Aristotle says must be in Governours He that is to govern says the Philosopher must have 1. Love to the People whom he is to govern 2. Power sufficient for his Office And 3. Vertue or Honesty and Justice (l) Arist Pol. l. 5. sect 89. Sufficiency is a necessary Qualification in one who is to