MOses doth here passe to the historie of a new policy which thenceforth hee obserued: there are two parts of it; the first declareth the aduice and counsell of Iethro, gluing being and life to this politicall course: From the 17. verse, to the 23. the second relateth the execution of the same counsell from the 24. verse.

In the first is found an [...], an euersion, reiection▪ or reproouing their former custome, the thing which thou doest is not well: as if one should tell you, you haue some inconueniences in your custome, Vers. 17. which are neither right, nor good: so found Iethro some sub­sect or reformation in the customes of Moses and the republicke of Israel.

In the second is a [...], or proposition of an order from that time to be instituted.

Concerning the persons eligible to the magistracy, these particulars are set downe.

1. Quis praefecturus esset. Moses, consulta sacie Do­mini, Be thou for the people to God-ward, Vers. 19. and report thou the causes vnto God, and admonish them of the ordinance and of the lawes, &c. that is, Vers. 22. iudge thou in difficult [Page 2]causes, which cannot be decided, but by consulting with God.

2, Quos eligeret: prouide among all the people men of courage, fearing God, men dealing truely, hating couetousnesse.

3, Quibus, Appoint such ouer them to bee rulers ouer thousands, rulers ouer hundreds, rulers ouer fifties, and rulers ouer tens: Let them iudge the people at all seasons—that is for the manner of iudicature which is set downe, vers. 22. the euent is promised, vers. 23. if thou doe this thing (and God so commaund thee) both thou shalt be able to endure, and all this people shall also goe quietly to their place. Immedi­ately after the aduice, commeth the narration of the fact the fruit and issue thereof. Moses obtemperated, And Moses harkened vnto the voice of his father in law.

The words cō ­taine Moses his

• 1. Regularitie, and disposition in ta­king counsell, And Moses harkened vnto, &c.
• 2. Conformitie, in the execution thereof, and he did all, &c.

And Moses harkened vnto the voice of his father in law: 1. His regula­titie. Gen. 3.17. Hearing is the sense of discipline: errour first entred into the soule through that dore, the woman harkened to the serpent and was seduced, and because the man hearkened to the voice of his wife, in that which God forbad, he was cursed, and the cure must follow the euill, the same was into the soule, we must be healed through the care: there the word entreth to beget sauing faith, faith is by hearing: there coun­sell entreth into the mind, Rom. 10.17. Pro 2.2.10, 11, 12. to make men wise; cause thine cares to hearken vnto wisedome, encline thine heart [Page 3]to vnderstanding: when wisedome entreth into thine heart, and knowledge delighteth thy soule, then shall counsell preserue thee; and vnderstanding shall keep thee, and deliuer thee from the euill way —.

Moses was here ruled by his father in lawes counsel: what that was, the precedent story hath, and I shall speake summarily of it in the conclusion hereof.

For the present I haue to obserue the regularitie and disposition of considering him in relation to his counseller: Moses had heard God speake: had receiued commission, and instruction from God him­selfe; God had by his hands done wonderfull things in the land of Egypt, wonders in the sea, Num. 14.14. wonders in the desert; the Lord was among that people, he went before them by day time in a pillar of a cloud, and in a pillar of fire by night, to giue them light; Exod. 13.2 [...]. Deut. 1.31.33. and to search them out a place to pitch their tents in: this was the dreadfull standard of the Lord of hostes, where God set it downe, they pitched their tents, when he remoo­ued it, they were to march againe. The Lord did beare them in the wildernesse, at a man doth beare his sonne: The Lord had promised Moses his assistance, Deut. 1.31. Exod. 3.12. certainly I will be with thee, to dictate what he should speake in his seruice, Exod. 1.12 15 I will be with thy mouthy, and will teach thee what thou shalt say, and to direct in all cases of deliberation, I will teach you what yee ought to doe: and lest Moses should still distrust his own ability▪ God confirmeth his promises by miracles peculiar to Moses sense. Thus was Moses enabled by the spirit of coun­sell: but as for Iethro, whether hee were Prince, Exod. 4. or Priest of Midian, or both. I dispute not: it was an an­cient manner among the nations, for Kings to bee sa­crificers; Aristot. Polis. 3.10 and though Dauids sonnes are called Cohens, 2. Sam. 8.18. [Page 4]which is interpreted,. Chron. 18.17. Primi ad manum regis, Psal 1 [...]0 4. [...]. 3. P [...]l. 1 [...]2.9. [...]r 32.32. chiefe about the king: yet the word [...] doth v­sually import, the same which is in Greek, [...] (which the Apostle vseth Hebr. 7.) so called of sacrificing, and doing of sacred workes: admit he were a Prince, yet in this new forme of a trauelling common-wealth, (which could borrow neither modell, nor rules, from any other state then in being, but was immediately dependent, for lawes, policies, and gouernment, on the word and commandement of God) hee could not be acquainted with any such mysteries of state, as might serue to declare him a fit counseller for an vn­knowne gouernment: yet Moses hearkened vnto his voice. How abundance of knowledge (especially at­tained by immediate reuelation) puffeth vp, the mes­senger of Sathan buffeting Paul, 2. Cor. 12. to preuent that mis­chiefe, doth sufficiently declare: how authority great­neth the mind, Pauls prescription to Timothy may serue to intimate, a bishop (saith he) may not be a yong scholler, 1. Tim. 3.6. lest be being puffed vp, fall into the condemnati­on of the diuell: he prohibited not his youth, as vnapt for that office: 1. Tim. 4. let no man contemne thy youth, but the inexperience of such a man as was nouiter instru­ctus, and as it were nouella plantatio. Chrys [...]o▪ 10 The diuell doth mainely labour to bring men downe the same way by which himselfe fell; therefore he tempteth the igno­rant to presumption, till such a mind, like the rising smoke, Omnia vitia in male faclis ti­mend a sunt, superbia in be­nefactis, &c. Aug. in Ps. 58 2 Cor. 12.10. Chrys. ib. hom. 26. by greatning it selfe, vanish and come to no­thing. He tempteth the learned, and good, to pride, and contempt of others, therefore when all vices els are to be feared in euill workes, pride onely is to be feared in good. When I am weake then am I strong (said the Apostle) Vbi afflictio, ibi & consolatio, where [Page 7]affliction is, there is consolation, and that grace which fortifieth with humility, by subduing, and lessening the mind, which in the naturall man hath for the most part, such dependance on things externall, that the mind of man and his condition, like the beasts and the wheeles in Ezekiels vision, are degressed, Ezek. 1.10. or lifted vp together, for that mind is on the outward estate which beareth it, as the spirit of the beasts was in the wheeles. What so great a command as Moses had might worke, they know, who becomming acquain­ted with such titles of honor, suddainely forget them­selues, and their eares prooue nice and impatient of counsell. Saul did once thinke humbly of himselfe, was little in his owne sight; 1. Sam. 15.17. then he would hearken to the aduice of Samuel, but being promoted to a king­dome, he neglected the voice of God : no doubt but there was a time when Rehoboam would haue heard the counsell of the ancient men, but feeling the autho­ritie of a king in his hand, he reiected them for the ad­uise of the young men: why go I so high, or farre? hath no man knowne, that a white staffe hath in a yeere or two so inspired an officer ouer a thousand, that he could abide no aduise? Moses in their language would haue said: hath not God himselfe put mine authority into my hand? hath hee not committed to my charge sixe hundred thousand men? Num. 11.21. haue I not talked with God in the mount? haue I not by the power of God confirmed my authority by sundry miracles? or in the language of the willfull Sodomites, some would haue replyed, he is come alone as a stran­ger, and shall he iudge and rule? Gen. 19.9. or as the insolent Pha­rises to the yong man whose eyes Christ had opened, thou art altogether borne in sinnes, Ioh. 9.34. and doest thou teach [Page 6]vs? thou art not acquainted with the affaires of this new state: content thy selfe with thy charge at Ma­dian: But this meekest seruant of God for all those glorious dignities conferred on him, hearkened to his counsell, who was farre inferiour to himselfe: lea­uing vs in his example this instruction.

The best and most excellent men wil hearken to the aduice of others, yea, sometimes of their inferiours: for,

1. The wisest men are subiect to ouer-sights and er­rours: neuer to erre is peculiar to God alone who onely is omniscient, who therefore hath beene his counseller? but he giueth not all knowledge to the wisest, to humble them who being subiect to a thou­sand errours, are yet apt to be proud with a false opi­nion of wisedome.

2. God doth sometimes reueale wisedome and counsell to men whose aspects are not promising, whose condition is meane, and obscure, (there was found in the little City a poore wise man, who deliuered the city by his wisedome, Eccl. 9.14.15 though he were so little respe­cted, that no man remembred him) and hide it from the learned and prudent, as to ascertaine men, that himselfe is the authour and fountaine of euery perfe­ction so to teach them, that they ought not to bee ar­rogant of that they haue receiued, since the simple may eft-soone controule their proiections, neither to contemne others to whom God will sometimes make them beholding for aduice.

Hence it commeth to passe that wise men loue coun­sell, and fooles their owne waies: they know in the greatest atchieuements counsel is better then strength: [...] M [...]d. they know it is a great misery to want the aduice of [Page 7]priuate friends, much greater is the want of counsell in matters publicke; they know aduice is a sacred thing, they know that counsellesse force falleth with it owne weight: Vis co [...]si [...]ij ex­pers mole ruit sud. Cassi [...]d [...]r. Ber [...], de consid. l. 4. c 4. Ibid. euery prouident man therefore con­silium quaerit: if it be not giuen him hee will purchase it. Bernard saith well, by counsell, tracta ante factum, quia post factum sera retractatio est: aduise, before thou execute, repentance and counsell come too late, when things are done. Doe nothing without aduice, & post factum non poenitebis: the reason why wise­men loue others aduice, is because seeing their owne wants, they suspect, and are iealous of themselues: the foole, because he knoweth not so much as his owne defects, hath an high opinion of his own worth, ther­fore he is precipitate, and often vnlucky to himselfe, or that vnhappy common-wealth committed to his managing: and like the Polypus (a true embleme of vnaduised men) taken in a snare, Whose motto is [...] Ambros. for want of taking heed. I conclude this point then. Counsell is for wise men, and correction for fooles, for these hate aduise: the wisest of men hath the summe of all, Prou. 12.15. The way of a foole is right in his owne eyes: but he that heareth coun­sell is wise.

I know not yet to whom this addresse belongeth, but in the phrase of Tamar I may say to him, Discerne I pray thee, cuius sunt ista, sigillum, Gen. 38.25. sudarium & scipio iste.—I meane the seale and staffe of office, to him I say, as this concerneth him, when the staffe and autho­rity shall be put into his hand by your suffrages, to as­sure him that he cannot be a good patriot who despi­seth, and therefore will not hearken to counsell: so to you all I say, it first and for present concerneth you, who though many, are but one body, and in place of [Page 8]one Moses now to make choice, (one Moses made choice of many Magistrates, you being many are to choose one) therefore your first part is in imitation of this man of God, to heare aduice what choice you ought to make: you must be auscultantes: first to the Prophet, who by a laudable custome, is to you as some Iethro, aduising you concerning your election: second­ly, to those grauest, and most experienced members of your state, whose age, imployment and obseruation haue enabled them to iudge what man in respect of the particulars, fittest to be elected.

The word is our cloudy pillar to direct our cour­ses, when that remooueth we must follow it, when that standeth, Greg Math. 13. Mat. 13.16. we must rest: this is that cibus mentis, in whose strength we are to walke: this is that which maketh vs blessed in hearkning to it, and wise in do­ing it, Math. 7. 24. S [...]ultus verò haec audita dis­ [...]imulans, tan­quā super are­nam opus a di­f [...]eationis im­penderi [...], infide­liter flat, &c. Hilar. Canon. 6. Exod. 29.20. I will like him to a wise man, which hath builded his house on a rocke: hee and his worke shall stand. With this the good Magistrate must be initiated and consecrated, (as the high Priests were wont to bee, with the blood of the sacrifice: thou shalt take of the blood and put it vpon the tip of their right eare— and vpon the thumb of their right hand, and vpon the great toe of the right foot) their eare must first bee touched with the word, that it may be sanctified and opened to counsell, next the hand, that their worke and admi­nistration may be holy, and that their conuersation may be blamelesse.

If this part be neglected, I easily beleeue the rest will prooue vnhappy, and euil to you, what choice so­euer you make: for how shall God giue you a bles­sing in a good Magistrate, how shall hee prosper his best counsells, or endeauours to you, when to initiate [Page 9]him, you begin so euilly, as to contemne God? For he that despiseth these things, despiseth not man but God. And himselfe faith againe, Ezek. 3.7▪ The house of Israel will not heare thee, for they will not heare me:

It must needs be euill likewise, where the aduice of men experienced, & authorised to assist, is contemned.

I say therefore, there are some men (I say not where, if it now concerne you, looke to it, if nor, lay it vp till it may) there are some men, for this cause most vnfit to be elected, because they cannot abide the word of God, if it touch them, nor the counsell of good men, if it crosse them. Some worldly men are like those inhabitants by the falls of Nilus, the noise of other businesses hath so filled their eares, that they cannot hearken: the Roman Peter hath cut off the right eare of some, and such a Malcus heare no­thing saue onely what the state of Rome saith, there are no men to sit at our helmes. Others are, Aug. [...] Psal. 57. for other causes, deafe adders, who laying one eare to the earth, and couering the other with the tayle, (I mean, either for carnall aduice, or peruerse affections luting vp their eares) cannot be drawne out of their holds: who louing their owne ignorance, cannot be brought out into the light with the most diuine and sweet in­chantments of wisedome: ib. Aug. these are not onely non au­dientes, men not hearkening, but omninò vt non vale­ant audire facientes. So composing themselues, that they may not heare these like the enraged Iewes when they heare their faults toucht, stop their eares, and flye vpon the speaker. Non erant surdi, sed fecerunt se surdos: Act. 7. Aug. qu [...]s. they are thus affected also to the counsell of men, if it bee not a Miner [...]a of their owne braine, pride and selfe-loue wil neither suffer then to execute, [Page 10]nor apprehend it: there is nothing more intolerable then this out-sides of a magistrate, who thinketh no­thing can be right but what himselfe doth, or proie­cteth: looke neerer him, he admireth his owne head, talketh of the excellent seruices done to the state, dis­parageth his predecessours, findeth inconveniences in other gouernments, in fine, as if hee were possessed with a spirit of contradiction, and his eares metamor­phosed into tongues, hee who should bee a [...]scultans with Moses in my text is loquax, and nothing els, as for aduice he feareth it might import some weaknes in the receiuer to carry any but an independent brain. I haue shewed you the Idea and character of a Magistrate, whose example if any so euill be to be found, must be auoided: as Cyprian said of Doctors, I must conclude of gouernours, Neminem bonum esse, &c. qui non idem sit docilis: he cannot be good who will not be taught: Moses thought not himselfe too good to be aduised by a man, who neuer went dry-foot through the red sea, who neuer talked familiarly with God: to shut vp this point then; in your elections, it is safer, (I dare say it confidently) if you had any so vnhappy choice, to take a foole, who would performe this first part, and hearken to good counsell, then a wise man in his owne conceit; there is more hope of a foole then of him: a simple man with eares is better then a deafe Ahithephel with his most curious oracles: he then that hath an eare let him heare: Tutiùs auditur veritas quàm pradicatur. Aug, de doct. Christ. there is no feare in hearing good counsel, there is often danger in giuing it: Moses hearkened vnto the voice of his father in law, this is the first part, the next is—

2. His confor­mity in exe­cution. He did all that he had said. We are now arriued at the maine point, practise. It was the onely good dis­position [Page 11]position where we found him auscultantem: hearing is the sense of discipline, without this what euer is done were better vndone: without the eyes of coun­sell what is the strongest will, but like some blind Sampson pulling downe the pillars of a corporation. Yet we must not be Athenians giuen onely to heare, Act. 17. or tell: now commeth the fruit, in this same (fecit) without this, what euer is heard, were as good vn­heard: you see these are the gemelli, which, (as in e­uery happy state they are borne together) cannot be diuided from the word of God, to the most godly counsell of man, there is a most necessary coniuncti­on, of hearing, and doing: without the last wee can­not bee iustified in the first, without the first, not in­structed in the last: many come to, and go from this place, without fruit; because they come, vt audiant, non vt discant, not to learne, but to heare, either for fashion, or for their pleasures, as to a theater: so this place becommeth to them, for an houre, diuersorium otii, and a conuenience of seeing and being seene. But except we he arken to the voice of God, wee cannot beleeue, faith is by hearing: Rom. 10. and except we doe what we heare, wee cannot be saued: not the hearers, but the doers of the law shall be iustified: so is it in morall affaires: the deafe man cannot be wise, but all coun­sell, to a man, who will at last follow his owne fancy, is but lost breath: such aduisers are but as Salomons graue Senators to his wilfull sonne, heard, but not fol­lowed.

The summe of all is, if you will be well aduised, you must do all that is well said to you; so did Moses here, fecit quicquid dixerat. All, not some things onely, I neuer heard of any man either so peruerse in his reso­lution, [Page 12]or singular in his opinion, but that hee would heare and doe some things to which he was aduised: but good counsell must be more vniuersally followed, Moses did all. There is a way to peruert the best coun­sell, by seeming to follow it, as when wee leaue out that, in which is the life and efficacy of the whole: as if the clyent should follow the prescriptions of his learned counsell in all, except the maine point, as if, of sundry dieticall rules of Physicke the patient should dispence with the principall: so Herod heard Iohn, and did many things, but not the maine: so Saul tooke Sa­muels counsell, for the Amaleck voyage, yet you see what became of it, 1. Sam. 15. for sparing Agag, & the best of the spoile: so some pettie statists vse our ministerie: some­times they will heare a sermon before their elections, or assizes, and therin will heare, & follow, as far as may make them seeme religious to a heedlesse vulgar, as farre as the word complieth and agreeth with their desires, but for this (all) it will neuer goe downe: for feare ignorance, or prophanes should doe them the wrong to count them Puritans, who neuer loued so much as a shew of true holinesse: and because they suppose (that which can neuer be) that wisedome may be seuered from religion, therefore they follow reli­gious counsel, but as Peter followed Christ to the high Priests hall, a farre off, and had rather forsweare any acquaintance with it, Luk. 22.24. then be outwardly disaduanta­ged by it: if ye will follow God as Moses did Iethro's counsell, you must do all that he saith:

Some may say, he that will hearken to euery body, shall bee like the chaffe tossed to an fro with euery breath of wind: it is an endlesse confusion, a perplex­ed torture to be troubled with the vnmannerly buz­zings [Page 13]of a many-headed vulgar, which oftentimes like those troublesome euening-flies Blind Bee­tles. cast themselues into our eares, with a great noise to no purpose. How irresolute must he be, who will hearken to that varia­ble master, sounding of nothing more then contrarie­ties? when shall he end his taske who vndertaketh to please euery body? where is that aduise, that designe, that vndertaking, which findeth no disallowance? Adde to this, among many voices the serpent also hisseth; there are, who giue pernicious counsell. Shall I then hearken to all? I say not, take counsell of the euill, they who so do, are like those who aske counsell of the dead, in which aduice commonly the diuell personateth the Prophet, 1. Sam. 28.7. &c. or of familiar spirits an­swering in idols, as Ahaziah did; what necessity doth thus straiten any man? Is it because then is no God in Israel? 2. Kin. 1.2. hath he no seruants of whom thou maist take aduice? I say not, follow all that which seemeth coun­sell; the diuell said, Command, or speake, that these stones be made bread: it seemed charitable counsell, [...] &c. but was a tentation. The young men said to Rehoboam, Math. 4.3. 1. King. 12.10. Thus shalt thou say vnto this people— my least part shall be big­ger then my fathers loynes. It was seducement, it was not counsell, both giuer and receiuer of such aduice, are deceiued so often as they take al that which is spo­ken concerning counsell and deliberation to be good, Giue not thine heart to all the words that men speake —thou must know thou art sometimes amongst the Sirens, Eccl 7.23. and must stop thine eares, for feare thou be drawne to death by them. But how shall I discerne which is counsell, and which seducement? Reduce all to these touch-stones, the word and will of God, and the commodity and good of them or him for whom [Page 14]such counsell is intended: is it not agreeing with the holy will of God? bee it the oracles of Ahithophel, seeme it neuer so good for the state, it is not to be fol­lowed: there is no wisedome, nor counsell against God: be it preiudicious to the state, though for thine owne priuate gaine, seeme it neuer so good or pleasing, it is a suggestion of treachery, it is no counsell which is taken for any subordinate respect against the state, or the publike good which therein must be saued: is it against thy soules health, is it hurtfull to thy body, fame, estate, friends, directly or consequently (wherein neither Gods honour, thy Prince, countrey, religion, or thy soule are otherwise interessed) it is seducement, it is not counsell: you see the meanes to discerne, and you must euer begin to weigh by this balance of the sanctuary which standeth before my text— if God so command thee—Some may say, Verse 33. you haue your failings too, who deliuer the word: it is true we haue, and of­ten preach the word in much weaknes, would God we were made perfect. I say not that the heathen sa­ges were more beneuolous hearers, then many Chri­stians, they wont to set the Graces by the statue of Mercurie, to import that some slips of the speakers of good things, are to be borne withall; but I say those infirmities are not alwaies our proper faults, you also haue your shares in them, it is because you want holy appetites to this word, Nonnunquam vero propter auditoris cul­pam subtrahi­tur sermo do­ctori: Greg. in pastor. that God sometimes and for your sakes shortneth vs: when zealous and obedient hearers do hunger for the word, they do not only help the Preacher with their attention, but obtaine, that God, who fed multitudes with few loaues, enlargeth our hearts and openeth a dore of vtterance, yea some­times for holy hearers sakes, the word is giuen plenti­fully [Page 15]euen to a Iudas, an euill teacher. To conclude this matter then, I must say in Christ his words, Take heede how you beare, and when you heare holy aduice, if God so command you, imitate this man of God in my text, who did all that Iethro had said.

What was that all? reade the 21. vers. you shall quickly see the patterne of good Magistrates: 1. they must be men of courage, viros roboris, according to the Hebrew: what should he doe with the sword of iu­stice in his hand, who is of yong Iethers mettle, Iudg. 8.20. and dares not draw it to cut off maiefactors? acoward can­not be either an honest man, or able Magistrate: for what counsell can rectifie that minde which dareth not be iust: feare is one of the deafe affections, no rea­sons can master it. But because all daring without the feare of God, is but temeritie and desperate resoluti­on, this is annexed, they must bee such as feare God: this is the only antidote against all base and seruile feare: he that truly feareth God, will not feare man, or be daunted, or discouraged from executing iustice. This feare of God, is the ground of all abilitie, it is the beginning of wisdome; and all good order, & gouern­ment, for those who are truly holy cannot but labour to make others so: happie is that gouernment, where the Magistrate executeth his charge for conscience sake, doing his dutie, not like those nigardly & dissem­bling votaries who will not offer without a witnes, but because he knoweth that the eye of God is vpon him, [...] &c. Isocr. orat. ad. Nic. who indifferently hateth that man who iustifieth the wicked, and him who condemneth the iust. Think not then that it is the dutie proper & peculiar to inferiors to liue wel, & that the Magistrates may liue disorderly: — [...] ib. all the people looke on them, and from their actions, [Page 16]deriue either honestie or libertie of sinning: command thy selfe therefore thou that commandest others, and think it more honorable for thee, in the feare of God, to subdue and gouerne thine owne inordinate affecti­ons then to exercise authoritie ouer thousands of citi­zens: as much as thou art dignified aboue others, so much excell them in goodnes. This thou shalt doe, if thou feare God, and so conforme thy selfe to the ex­amples of religious Gouernours, that thou mayst be indifferently a patterne to thy inferiours and an emu­lator and imitator of thy superiours.

Thus must Magistrates be able men; they must also be men of power, vertue and actiuitie of body and minde, so the word is vsed. Gen. 47.6. and men of spirit and courage, so it is vsed. 1 Chron. 26.6. that they may stand vp for the oppressed, as is said of Moses. Exo. 2.17.

2. Men dealing truly: or men of truth. The Greeke calleth them iust men: and Zach. 7.9. is mentioned iudgement of truth, so somtimes iustice goeth for truth, because these vertues, are so neerely allyed: it is an ad­mirable connexion of these things, first of truth with courage and strength of minde: Veritas odio est. Tertul. apo. a [...]o. geat. c. 14. Veritas odium parit. for truth cannot bee without enemies, it begetteth them: he had need to be a resolued man who will be a man of truth: secondly, of truth & the feare of God: for (saith Tertullian) truth knoweth she is a stranger on earth, and that she shal ea­sily finde enemies amongst aliants: Ib. Apol. c. 1. yet that she hath, her allies, mansion, hope, fauour, & dignity in heauen. The Magistrate then must be a veritable, sincere, and solid man, being what hee seemeth, and seeming such an honourable patterne for others imitation, as the God of truth (whose vicegerents princes are) will ap­prooue: he mustloue and search out the truth of cau­ses, [Page 17](without which iustice cannot determine) not as Tertullian saith, of certaine Philosophers, mimice affe­ctant veritatem, & affectando corrumpunt: nor, Ib. c. 46. as hee saith of the same, may he be furator eius & custos, both a theefe and keeper of truth. He must regard the truth and equitie of the cause, not friends, not kinred, or o­ther relations, as if they might alter the case, or lawful­ly peruert the course of iustice. The Thebans woont to make the statues of Magistrates without hands, im­porting that they might be no takers; and the images of iudges without eyes, or with eyes shut, intimating that they ought truly and without respect of feare or fauour of any, impartially to giue sentence; as it is said of Seleucus, who would not against law, spare his sons eyes, though out of his tender loue, to spare one of them, he put out one of his owne: so then you see they must be viriveritatis, not hypocrites in matter of iu­stice, making a shew of doing it, but doing nothing lesse. Some faile herein for feare, some for fauor, some for custome sake, others in their place woont to do so, Veritatem se non consuetu­dinem cogno­minauit. Tertul. de Virg. veland. Consuetudo sine veritate, vetuflas erro­ris est. Cypr. ad Pomp. 1. King. 21.8. but it is a dangerous practise, for truth cannot be pre­scribed: Christ called himselfe the truth, hee named not himselfe custome: custome without truth or e­quitie is but the antiquity of error and iniquitie: some make their authoritie serue their owne ends, as when they execute law to satisfie priuate malice, or oppresse the innocent vnder some pretences of iustice or pre­rogatiue; so Iezabel vsed Ahabs seale: this is a frequent and vnhappie peruerting of equitie, the most hatefull hypocrisie in iudicature; when malice personateth iustice, when the diuell playeth the iudge.

3. Lastly, they must be men hating couetousnesse▪ as Paul saith of Deacons to be elected, I must of Ma­gistrates, [Page 18]it behooueth them to bee men of good re­port, (as it is Deut. 1.13. knowne men:) [...], not desirous of filthy lucre: 1 Tim 3.8. Deut. 16.19. 1 Sam 8.3. Prou. 1.19. Ezek. 22.27. Isa. 56.11. Non sit manu [...] tua porrecta ad accipiendum, & collecta ad dandum De modo benè vi­vend. ser. 44. the loue of gaine is the corrup­tion of iustice, and a reward putteth out the eye. I may say then to you, who are to be elected, as Bernard to one, let not thine hand be stretched out to take, and shut when it should giue; and to you who are to make choice, as the same Bernard in another place, elect such, as looke not into the hands, but necessities of the afflicted. It is a miserable case when the Magistrate in a corporatiō is so necessitous, that he hath too many temptious to be vniust: and it were to be wished that in euery such place, prouision might be made, that the elected Magistrate might be, for his estate, indepēdent on the vulgar: for without this, rarely can iustice finde a due & smoth course. The complaint is made, the nocent conuented, but the conclusion is too of­ten (what euer shewes are made) the malefactor must be spared, because he is, or may be a customer; then Eli saith onely, 1 Sam. 2.23. Why do ye such things? for of all this peo­ple I heare euill reports of you, doe no more my sonnes: and so it commeth to passe that when the Magistrate will not execute iustice, nor punish sinne, to remooue euill from the land, God entreth for default of iustice, and seuerely punisheth the whole common-wealth. How hatefull a gaine is this before the Lord: how filthy a lucre before good men? is it not the price of blood, which is the gaine of him who betrayeth the state? the like mischiefe sometimes befalleth, when the Magistrate is indulgent at the instance of friends, or kinred; such pleas are so common, that it is some­thing rare to obserue that malefactor, who hath not some vncle, brother, cousen, or friend to stand vp an [Page 19]earnest aduocate for his allies or customers impunity. What iustice, what feare of God is this? Or if iustice be impartially done, the vniust delinquents will doe their worst spights, that the rare man, who without feare, fauour, or respect of filthy gaine, executeth iu­stice shall be vndone, for they will withdraw their cu­stomes, because the good man would not conniue and sell them iustice, which they wickedly suppose as mer­chantable as any wares, and a kind of vailes and due, vpon occasions belonging to customers.

It is time to conclude: Brethren, I am not ignorant of the censures the last election passed vpon me, be­cause I did not after this manner, and according to the custome of this place and time aduise you, but preached on another more generall subiect: I could haue answered then, how much it grieued mee, to heare some (too great a summe) crying like those Israelites to Ieremy, Pray for vs vnto the Lord— that the Lord thy God may shew vs the way wherein wee are to walke, and the thing that we may do: Ier. 42.2.3. Verba quidem pi [...]tatis plena: sed verbis non conso nant o­opera. Theod. inter, in Ier. 42▪ yet intended not, what euer was preached, to follow (I will not say one word, but not) all. Words full of piety, but workes not consonant to those words: they did well to desire to heare, but it is not well when that was all, and no practise followed. But now I say I haue better hope of you: and therefore aduise you againe, take heed that you now doe all, that you be not worthily retaxed, in that you onely call for that word, which you will not follow: be not like those wicked Leuites, who com­ming to their consecration made shew of sanctifying hands, f [...]et, and cares, but contrary to the sanctitie of their order neuer cared more for the substance: ho­nour your authority as you are honoured by it, eclipse