The Magistrate's Obligation to Punish VICE. A SERMON Preached before The Right Worshipful the Mayor, aldermans, Sheriff, etc. of the Town and County of Newcastle upon Tyne. AT THE Parish Church of St. Nicholas, October 8. 1699. Upon the Election of the Mayor. By Nathanael Ellison, Vicar of Newcastle. Published at the Request of the Mayor and Aldermen. LONDON: Printed by W. B. for Richard Randell, Bookseller in Newcastle upon Tyne: And sold by Luke Meredith, at the Star in St. Paul's Churchyard. 1700. To the Right Worshipful ROBERT EDEN, Esq Mayor; The Right Worshipful Sir Robert Strafloe, Kt. Recorder; And to the Right Worshipful and Worshipful Aldermen; Sir William Blackett, Bar. Sir Ralph Carr, Kt. Timothy Robson, Esq Nicholas Fenwick, Esq William Auboney, Esq William Carr, Esq Matthew White, Esq Thomas Was, Esq Joseph Atkinson, Esq George Whinfield, Esq Jonathan Hargrave, Esq Sheriff of the Town and County of Newcastle upon Tyne. Right Worshipful and Worshipful, THE just Sense I had of the many Defects of this Sermon, made me very unwilling to Appear in Public, when so many Correct and Excellent Discourses have been Printed upon the same Argument and Occasion. But when You were pleased to make it Your Request, I thought Obedience would be better Resented than Excuses; and was therefore willing, rather to Publish my Own Infirmities, than to Incur the Imputation of Disrespect or Disobedience to my Superiors, to whose Commands I own an Absolute Deference and Regard. I wish the Performance had been more Worthy of Your Names: But such as 'tis, it is with all Humility Addressed to You, as the Only Opportunity I have yet had, of making those Public Acknowledgements that are Due for Your singular Favours to myself, and for Your Generous Liberality to the Clergy of this Place; few Corporations (if any in the Kingdom) Voluntarily Contributing as You do, out of Your Public Revenue, above Eight Hundred Pounds per Annum towards the Maintenance of the Clergy and Schools. But what ought to be dearer to us than this, is, the Charitable Constructions You put upon our Labours, Your early and constant Attendance, and solemn Deportment at Church; Your frequent receiving Monthly Sacraments, and Your sober and exemplary Conversation; which as they bespeak a true Sense of Religion, so also Your sincere and steady Affection to the present Establishment of our Church. And because nothing is so much wanting to make us the happiest Church in the World, as Reformation of Manners, Your late Orders for the better Observing the Lord's Day, and Your putting the Penal Laws in brisk and vigorous Execution against Profaneness and Immorality, give us no small Hope, that as You have already put a stop to the present Growth of Debauchery among us, so also, that hereafter You will more effectually Suppress it. If this Sermon be any way Instrumental in promoting so good a Work, it will answer Your Design in commanding it to be Printed, and mine in Preaching it; which, that it may be subservient to so good an End, is the hearty Prayer of Your most Obliged and Faithful Servant, N. ELLISSON. ERRATA. IN the Dedication, l. 4. r. Shaftoe. l. ult. r. ELLISON. Sermon, p. 8. l. 8. after Forfeitures, add and of several lesser Corporal Punishments. p. 31. l. 17. after little, instead of which read will. p. 32. l. 23. after before add him. p. 33. l. 9 after have add the best Cause in. ECCLES. VIII. 11. Because Sentence against an evil Work is not Executed speedily, therefore the Heart of the Sons of Men is fully set in them to do Evil. THOUGH these Words be Interpreted by the Generality of Commentators, to be primarily meant by Solomon, of the ill Use that wicked Men make of God's Clemency and Forbearance, yet they may be Secondarily and Consequentially Applied also to the ill Effects that usually attend the Remissness and Indulgence of Magistrates, and Men of Power and Authority. As this is a Sense of which the Words are very capable, as they may be taken Absolutely, so also as they relate to the Context, do I find them to be so Translated and Interpreted by some * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Symmach. Est autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hoc loco sententia judicis. Drus. Sententia Judicum de Opere malo. Pagnin. & Vatabl. Men of Note. And Mr. Cartwright's Note upon the Place is this, Hoc Magistratus Admoneat, ne Poenam sceleribus Justam & Debitam differant, nisi velint Terram scelerum velut Diluvio obrui. That this should be a Caveat to Magistrates, how they delay the Execution of Justice upon Criminals, lest a Deluge of Profaneness and Impiety break in upon them, and cover the Face of the whole Earth. In this Sense will I Discourse of the Words, as most suitable to our present Occasion. They contain a very sharp and cutting Reflection upon some soft, and easy, and careless Magistrates; viz. That the Growth and Predominancy of Wickedness is owing in a great measure to the Negligence and Remissness of those in Authority, who are entrusted with the Administration of Justice: The Truth of which Observation shall be made appear in the Sequel of my Discourse: In the Prosecution of which I will endeavour to show, First, The Magistrate's Power and Obligation to Punish Vice, and Execute Sentence upon every evil Work. Secondly, The ill Consequence that naturally attends their Neglect of this Duty. The Growth of Sin and Wickedness is thereby promoted and encouraged; the Gild of which is laid at their Door whose Neglect occasioned it. This is the Conclusion that the wise Man draws from such Premises, Because Sentence against an evil Work is not executed speedily, therefore the Heart of the Sons of Men is fully set in them to do Evil. Thirdly, I shall conclude all with a word or two of Exhortation. First, Consider we the Magistrate's Power and Obligation to Punish Vice. God has invested and entrusted you with this Power and Authority, and also has laid an Indispensable Obligation upon you, to Correct and Punish Delinquents. And here my Design is not so much to direct you that are Magistrates in your Duty, as it is to Vindicate your Acts of Justice, in bringing Criminals to condign Punishment; by Representing to those that are under your Government, the Indispensable Obligation that lies upon you to Execute this Power, and to Discharge this Trust that is reposed in you by God, the King, and your Country. The Punishing of Criminals is what is very disagreeable to all good Tempers, and for that very Reason is it most of all Ungrateful to our English Nation, which perhaps is the most Merciful and Compassionate in the World, we being as singular for our Good Nature, as we are for the use of that * The Earl of Clarendon observes, That no Language in the World has any single Word to express what we understand by Good Nature. Phrase; but it may be we overvalue ourselves too much upon this Character, what we reckon our Commendation may be a Fault, and our good Nature may be Censured by some as Softness and Folly: And, indeed, that is but a Foolish † Salutaris severitas vincit inanem speciem Clementiae. Cicer. Ep. 1. ad Brutum. Pity which is indulged so far as to Invalidate the salutary Execution of Penal Laws, which are absolutely necessary to the support of Religion and Government, and the Preservation of good Manners. For what Government can there be without Laws? And what avail the best Laws, without Sanctions to enforce them? And what signify Sanctions without due Execution? This is a Truth so plain and self-evident, that my Text supposes it, and takes it for granted; and which supersedes any laborious Proof, were there not a bold sort of People ( | Socin. Explicat. cap. 5. S. Matth. v. 42. Id. in Resp. ad Jacob. Palaeolog. part. 1. c. 3. & part. 2. §. 26. & part. 3. c. 2. Lud. Woltzogen. Appendix ad Commentar. in Matth. 5. 38. ap. Fratr. Polon. Socinians and Anabaptists) started up among us, who endeavour (what they can) to subvert all Government, by Disowning and Impugning this Power and Authority of Magistrates, and by Crying down their whole Office, as Unlawful and Antichristian. But no wonder that these Men clamour so bitterly against the Rights and Jurisdiction of Magistrates, since it has been the Practice, as 'tis also the Interest, of all well-Constituted Governments, severally to Prosecute them, as the greatest Disturbers of Peace, and the very Bane and Pest of Societies. But if * Non potest ullam Authoritatem habere sententia, ubi qui Damnandus est Damnat. Senec. Malefactors and Criminals at the Bar be allowed to Plead for themselves, no doubt but they will except against the Jurisdiction of the Court, and the Authority of the Judges. 'Tis no great wonder that these Parties detract so much from the Authority of Inferior Magistrates, since One of them have disowned the Authority of their Great Lord and Redeemer, by denying his Divinity and Satisfaction; and the Other (and indeed both of them) have disowned the most Sacred Authority of the very Sacraments themselves, which must be owned by all good Men to be most undoubtedly of Divine and most Solemn Institution. How will the very Heathens rise up against these Men one day, and condemn them? 'Twas Plato's Opinion, That neither God nor Man would say it was any Injustice to Punish Criminals: And indeed, who can say it? Not the Heathens; none of their Authors having ever Pleaded in all their Writings against this Authority of Magistrates: How much less can any Christian say it, when God has so fully Invested them with this Power and Authority; 1. Before the Law; 2. Under the Law; 3. Under the Gospel. 1. We have very imperfect Memoirs in Scripture, of what Courts of Judicature God erected, or what Penalties were Appointed for Punishing Malefactors before the Flood; but immediately after the Flood, we find God settling a standing Magistracy, and intrusting them with a Power of Inflicting capital Punishments upon Offenders; | Gen. 9 6. Whoso sheddeth Man's Blood, by Man shall his Blood be shed. I shall not trouble you with the various Translations which the Learned * De Jur. Nat. & Gent. l. 1. c. 5. & l. 4. c. 1. Id. de Synedr. l. 1. c. 5. Mr. Selden has Collated with a great deal of Accuracy; the most Natural Sense of the Place seems to be, That he that took away the Life of Another was to lose his Own, and to be Sentenced to Death by the Judge or Magistrate: And so I find both the Targums render it. God seems before this to have reserved this Royalty of Life and Death to himself, as appears probable by the Story of Cain, whom he would not suffer any Man to kill, though he very well deserved it, for slaying his Brother. But here he seems to settle a standing Magistracy, and to invest them with a Power of Life and Death upon such Occasions. And although Death seems to be restrained here, to the Case of Murder, yet I will not doubt in the least, but that the like Sentence extended also to other heinous Enormities, as seems very plausible from Thamar's being Sentenced to be Burnt for playing the Harlot; Gen. 38. 24. which Sentence, if it were decreed by Juda, proceeded not in all probability from any Arbitrary Power that so near a Relation would have assumed to himself; or if it were pronounced by any other Magistrate, it argues that there was * Vid. Calvin. & Grot. in Loc. & Seld. Uxor. Hebr. l. 3. c. 12. some peculiar Custom or Law to punish Adultery, as well as Murder, with Death. And if Thamar was a Priest's Daughter, (as some of the Hebrew Doctors imagine) this was the very same Punishment that was afterwards inflicted by the Law of Moses in the like Case. Leu. 21. 9 But however that may be, certain 'tis, that, 2. Under the Mosaic Oeconomy Death was the ordinary Punishment that was appointed both for Murder and Adultery, besides several lesser Punishments that Magistrates were empowered and obliged to inflict for lesser Crimes. 'Tis needless to reckon up all the Penal Laws of this Nature, which occur in the Mosaic Dispensation; 'tis enough, that God himself gave it in Commission to the Judges, Deut. 25. 1. to Justify the Righteous, and to Condemn the Wicked, to Condemn them, both to greater and lesser Punishments, according to the greatness of their Demerits: And hence it is, that we Read of pecuniary Mulcts and Forfeitures, as Imprisonment, Stocks, Scourging, etc. as well as of several Capital Punishments, as Stoning, Burning, Beheading, and Strangling: Instances of all which might be produced, were there any need of it; let it be enough to Remark, That these Penal Laws were so highly reasonable, that Artaxerxes, tho' a Heathen King, thought fit to confirm them to the Jews, Ezra 7. 25, 26. when Ezra returned to Jerusalem after the Captivity. These Penal Laws, I say, that Heathen King confirmed to them, as the Result of God's Wisdom; and Ezra owns this to be the Effect of God's Spirit upon his Royal Heart; Thou Ezra, says Artaxerxes, after the Wisdom of thy God, set Magistrates and Judges which may judge all the People: And whosever will not do the Law of thy God, and the Law of the King, let Judgement be executed speedily upon him, whether it be unto Death, or to Banishment, or to Confiscation of Goods, or Imprisonment: And Ezra's Answer to this Gracious Concession was, Blessed be the Lord God of our Fathers, who hath put such a thing as this into the King's Heart. 3. But that which much more concerns Christians, is, That the like Sovereignty was invested in Magistrates even under the Dispensation of the Gospel, which is the most gentle and merciful Dispensation that ever appeared in the World. And although this Power was lodged in such ill Hands at first, as exerted it to the very great Prejudice of Christianity, and in perfect opposition to the Interest and Propagation of the Gospel, and (as far as in them lay) to its utter Ruin and Extirpation; yet 'tis very remarkable, That neither our Blessed Saviour nor his Apostles make the least Exception, no not against the Arbitrary and Unjust Exercise of this Power and Jurisdiction, even of Heathen Magistrates; but when they were suffering most unjustly under them, even then do they own and assert their Power to be of Divine Institution and Establishment. Thus when our Blessed Redeemer was most unjustly brought upon His Trial, and Pilate seemed to Triumph and value himself upon the Power he had to Crucify and Release him, our Blessed Saviour is so far from detracting from this Authority he claimed, that he runs it up to the Divine Original, and tells him, He could have no such Power (of Life and Death as he boasted of) except it were given him from above. John 19 10, 11. The word in the Original is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which cannot be interpreted of bare Divine Permission, but of Express Commission. And so also St Paul, when he Appeals unto Caesar's Judgement Seat, he owns it as a Court where he ought to be Judged. Acts 25. 10. Nay, both St. Peter and St. Paul make this Power of Heathen Emperors, not only God's own Establishment, but they lay it as the very Foundation and Cornerstone of Christian Subjection and Obedience. 1 Pet. 2. 13, 14. Submit, says St. Peter, for the Lord's sake whether unto the King as Supreme, or unto subordinate Governors that are sent by him, i. e. that are sent by God, and then follows the Commission they are sent upon, They are sent by him, says he, for the Punishment of evil Doers, as well as for the Praise of them that do well. To the like purpose St. Paul in that known place of the 13 th' Chapter to the Romans, where he calls the Higher Powers God's Ministers no less than three times in two Verses; Rom. 13. 4, 6. and when he calls them so, 'tis with reference to that Power they were entrusted with of punishing Offenders, and executing Wrath upon those that do Evil. 'Tis observable, That tho' the Emperors these Apostles lived under were some of the very Worst or Heathens, tho' they nailed the one Apostle to the Cross, and struck off the Head of the other, yet these very Apostles tell us, that God made them His Ministers in the Execution of Justice, and entrusted them with the Sovereign Power of the Sword. Now, if God, under the Gospel, put a Sword into the Hands of Heathen Emperors, who made so ill use of it, as to oppose the Preaching and Establishment of Christianity, and to persecute and kill the Apostles and Primitive Christians, we can't think that he designed to wrest it out of the Hands of Christian Princes, when there is the same necessity and occasion of Correcting Sin, and when they may manage it more for the Honour and Glory of God, and the Promotion of Piety. No, if the Heathens abuse of their Power did not vacate their Commission, how much more should the prudent and sober, the regular and impartial Administration of this Power confirm and establish Christian Magistrates in the use and exercise of their Authority? I am sure, so it has been understood in all Christian States, every one of them claiming the like Power of punishing Offenders, as has been exercised by former Kings. There's little question then to be made, but that all Supreme and Subordinate Magistrates have a Power to coerce and punish Criminals: 'Tis well if those that are in Authority would consider, that this Power of theirs is not so much a Privilege and Royalty, which they may use at Pleasure, as 'tis a Duty incumbent upon them, which they are obliged to under the severest Penalties. 'Tis a Trust which they are obliged to Execute and Discharge as they will answer it at the Supreme Tribunal of the great Judge of all the World, who will call them to a very severe and particular Account for their Neglect, Mismanagement, and Maladministration. Supreme Magistrates are God's Ministers, and 'tis expected, that such should be Faithful to their Master, that they should Assert, Vindicate, and Promote his Honour, in encouraging Virtue, and in discountenancing and punishing Vice. as Great as the Greatest of them are, they are but Ministers; and tho' their Greatness exempts them from any Punishment here, yet they must one Day give an account, and a very severe one too, hereafter, for the abuse of their Ministry, according to that of Solomon, Eccles. 5. 8. If thou seest the Oppression of the Poor, and violent Perverting of Judgement and Justice, marvel not at the matter, says he, for he that is higher than the highest regardeth, and there be higher than they that will call them to an account for it: Or as 'tis Wisd. 6. 3, etc. Power is given you of the Lord, and Sovereignty from the Highest, who shall try your Works, and search out your Counsels; and because, being Ministers of his Kingdom, you have not judged aright, nor kept the Law, nor walked after the Counsel of God, horribly and speedily shall he come upon you. For a sharp Judgement shall be to them that be in high Places; for Mercy will soon pardon the meanest, but mighty Men shall be mightily tormented, and a sore Trial shall come upon them. If Supreme Powers than be thus accountable, how much more those that are Inferior and Subordinate. They are accountable to God, their King and their Country for the Discharge of that Trust reposed in them; and if they neglect to execute it with an honest conscientious Integrity, if they Pervert, Corrupt or Obstruct Justice, they become guilty, not only of Betraying their Trust, but (which is yet of more dismal Aggravation) they are guilty of the Violation of that sacred Oath which they have taken to discharge it. Matth. 25. If he that hide his Lord's Talon (tho' it were but a single Talon) was called to a strict account for it, and sentenced to outer Darkness, as a wicked, slothful, and unprofitable Servant, what Name will be bad enough to affix to those that have wasted, abused, or misspent the many Talents they have been entrusted with? And what Place in the Infernal Lake can be found hot enough to receive such unjust and unfaithful Servants? 'Twas God's express Charge and Direction to David, 2 Sam. 23. 3. That he that Rules over Men must be just, ruling in the Fear of God: Which Divine Admonition holy David seems to have had constantly in his Eye, and to have made his Rule and Model of Government; insomuch, that you have this glorious Character transmitted of him, that while he Reigned over Israel, He executed Judgement and Justice unto all his People. 2 Sam. 8. 15. And indeed, you have him laying a good Foundation for this Character, as soon as ever he came to the Throne, or (as some think) when he had but a prospect of it. So early do you find him resolving, * Psal. 101. to govern first himself, and then his Court, and then his whole Kingdom, with such care and caution that good Men might secure themselves of his Favour, and the wicked be afraid of feeling the Severity of his Displeasure. I will behave myself wisely in a perfect way; I will walk within my House with a perfect Heart; I will not know a wicked Person. He that walks in a perfect way shall serve me; he that works Deceit shall not dwell in my House. And, as the Conclusion of all, says he, I will destroy all the Wicked of the Land, that I may cut off all wicked Doers from the City of the Lord. And if the Seventy fifth Psalms were Composed by the same Pious King, you have him there renewing the like pious Resolution, and that at a time when there was the greatest Occasion and Necessity for interposing his Royal Authority, when the Earth (i. e. the Kingdom of Juda) and its Inhabitants threatened its Ruin by an universal Dissolution of Manners, when wicked Men lift up their Horn on high, and spoke with a stiff neck, i. e. when they bade open defiance to all Divine and Humane Laws, then, even than did the Holy Psalmist interpose with heroic Courage and Magnanimity, every way becoming a King in such a desperate Juncture; then did he resolve to cut off all the Horns (i. e. all the Power) of the Wicked and Profane, and that all the Horns of the Righteous should be exalted. But whether David were the Author of that Psalm or no, 'tis not to be doubted but that the 72 Psalms was of his own Composing, the Title of which is a Psalm for Solomon, and was made by David (as 'tis supposed) * 1 King. 1. when Nathan the Prophet, and Zadok the Priest (by David's own Command, and while he was yet living) took Solomon and set him upon his Throne: In which Psalm he prays, That God would give his Son Solomon his Judgements and his Righteousness, that so he might judge his People with Righteousness, and the Poor with Judgement; that he might keep the simple Folk by their Right, defend the Children of the Poor, and punish the Wrongdoer. But there are two Examples more behind, which very well deserve your Consideration, and which indeed, in strictness, should have been mentioned before, if we had regarded the Age they lived in. The one is Job, Job 1. 3. the other is Moses. Job is called the Greatest, i. e. one of the greatest Men in all the East; in all probability he was a King; and if his Dominions were not so large, yet his Power might be as great and absolute, as any Monarches at this day. 'Tis evident he was a Man in great Power and Authority, by what we read Chap. 29. 7, etc. But he was not contented with the bare Ostentation and Pageantry of Greatness, but he showed his Greatness in Acts of Goodness, in the highest Instances of Justice and Mercy; I delivered, says he, ver. 12, etc. the Poor that cried from Oppression, etc. I put on Righteousness and it clothed me, my Judgement was as a Robe and a Diadem. By which it appears, he took not so great Pride in the Ornaments of State which he wore, as in the impartial Execution of Justice upon Offenders, and in breaking the Jaws of the Wicked. Num. 12. 3. Moses had the Character of being the meekest Man upon the face of the Earth; and yet, notwithstanding his unparallelled Meekness, we read of his exerting very severe Acts of Justice, when he saw God's Honour Prostituted, and his sacred Laws violated and trampled on; witness * Exod. 32. Numb. 25. the Idolatry of the Golden Calf, and that of Baal-Peor. These four Illustrious Examples I have mentioned are very well worthy your Imitation; none need to be ashamed to be taught their Duty by such Persons who had so established a Reputation both for Greatness and Goodness. But 'tis high time to advance to my Second General: To consider the dismal ill Consequence that naturally attends the Carelessness, Negligence and Remissness of Magistrates. The growth of Sin and Wickedness is thereby promoted and encouraged, the guilt of all which is laid at their Door whose Neglect occasioned it; for thus the wise Man tells us in my Text, Because sentence, etc. Ill Men are emboldened and encouraged by this Impunity, and as long as they meet with (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept. No Contradiction, nor (b) Haud prompta fit oppositio. Arab. Opposition, no Check nor Control from Men of Power and Authority, they go on to do ill with (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sym. a fearless Heart; nay, 'tis d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept. fully persuaded, settled, and confirmed in their Wickedness. They grow daring and obstinate, and at last obdurate in their Sins. This is a melancholy Truth that has obtained too much Credit in all Ages. * Plutarch. Rom. Apopth. Cato the Elder was wont to say, That he would rather be unthankful for a good Deed, than not punish a bad one; which as 'tis an Argument of the ill Opinion he had of Ingratitude, so also of the Necessity there was of Vindictive Justice. Nay, he thought soft and easy Magistrates intolerable in a Government, and not only so, but that even their suffering Death was a small Compensation for the Damage and Injury the Public sustained through their Negligence and Remissness. Such a violent Propensity to sin there is in all of us, that all Nations have thought it absolutely necessary to restrain it by the severest Punishments: To this purpose is that Observation of a Heathen Philosopher, That tho' several Nations have differed in the several Punishments they appointed for the Violation of Religion and good Laws, yet they were all agreed in affixing some Punishment or other upon such Violation. But the severest Penal Laws are but a dead Letter without Execution, and signify no more than if they had never been made at all: To have such Laws made, and not executed, is an Argument of Weakness, either in the Government or Governors, that they cannot or dare not Punish; and ill Men take occasion thence to strengthen themselves in their Wickedness, when Laws or Magistrates want Power or Courage to restrain them. And no wonder indeed, for if even the vigorous Execution of Laws is little enough, and too little effectually to prevent, or wholly to suppress and obstruct the growth of Impiety; what Progress must it of necessity make, if all Restraint and Opposition be removed out of the way? When the Flood Gates are once broken down, 'tis a Miracle if an Inundation does not follow. David was of invincible Courage, and was resolved (as you have heard) to do what in him lay, to put an early stop to the growth of Debauchery and Profaneness in his Reign; and for fear that his own personal Endeavours might prove ineffectual, he calls in all good Men to assist him in so Pious a Work; Psal. 94. 16. Who will rise up for me against the evil Doers? or who will stand up for me against the workers of Iniquity? And yet after all, notwithstanding the Design was so Pious in itself, and was most vigorously Prosecuted, yet the Success answered not Expectation, as we may probably conjecture from the Psalmist's own Complaint of an universal Degeneracy and Corruption of Manners that still prevailed: Psal. 12. 1. as, That the Faithful were minished from among the Children of Men; Psal. 14. That they were Corrupt and Abominable in their do, and that there was not one that did good, no not one: Insomuch, that Rivers of Water ran down his Eyes, Psal. 119. 136. to consider that all the severity he had used, could not totally suppress that depravation of Manners that was become universal in his Days. But if so Epidemical a Disease was not to be perfectly cured all on a sudden, yet however, Time and a severe Course of Physic, might very much correct it. Now, if even the severest Execution of Laws has not had that Success, as totally to prevent and suppress the growth of Profaneness, I leave it to you to guests what a dismal Consequence must inevitably follow a total suspension and relaxation of those wholesome Laws. If men's hearts are fully set in them to do Evil, because Sentence against an evil Work is not executed speedily, what would they do, what would they not do, if it were not executed at all? If the very Delay of Justice would encourage Sin, How much more would a total Obstruction of it? We shall be better able to judge of the ill Effects of this, by producing an Instance or two of what Disorders have been occasioned by too great Remissness and Indulgence of Government. Gregory Nazianzen was prevailed upon to intercede with the Secular Power for some Favour to be showed to the Apollinarians; but when he saw how ill it succeeded, and what ill use they made of it, he wrote back to the Precedent in this manner, I now own my Intercession on behalf of these Men to be unseasonable, since I find they make not so good use of your Indulgence, as to be reclaimed. But no Instances like those that are taken out of the Word of God. If you look into the Book of Judges, Chap. 18. 7. you'll find the People of Laish dwelling quiet and secure: It had been a good Character of a People, if it had been a true Quiet, and well-grounded Security; but (as 'tis there added) 'twas a Careless and Supine Security, which in all probability made them indulge themselves in Luxury and Sensuality. And this, it seems, was occasioned either by their having no Magistrates at all, or by the shameful Remissness of those they had; for so it follows, There was no Magistrate in the Land, that might put them to shame in any thing they did; and no wonder then that they became an easy Prey to the first Enemy that Attacked them. Laish had the Character of a sweet and plentiful Country, it being a Place where there was no want of any thing that was upon the Earth, ver. 10. A pity it was that so good a Place should want good Magistrates! From whence 'tis natural to observe, That though a Country abound with every thing desirable, and want nothing else but a good Magistracy, yet they want that which will make them a happy People. This was what Laish wanted, There was no Magistrate among them; i. e. they had either none at all, or as good as none; for there was none that took due care to execute his Office; none that restrained them from Sin, or punished them for it, or so much as fixed any Mark of Disgrace upon them; There was none that put them to shame for any thing they did: And this proved in the end the Ruin of that People, and so it will prove of any Persons whatsoever. Thus there was nothing perhaps that contributed more immediately to the Wickedness, and in effect to the Ruin, of Eli's two Sons, than the too great Indulgence of their old compassionate Father; who, being a Judge as well as a Highpriest in Israel, should have made it his Business to discountenance and punish Vice severely and impartially, wherever he saw it, but especially in his own Family. But it seems that good Man was of too mild and easy a Temper, and his natural Affection to his Children, made him forget the Duty both of a Parent and a Judge; for when their Sins became so scandalous and notorious, that the Congregation publicly remonstrated against their Lewdness and Debauchery, Eli, instead of Punishing his Sons severely for their Wickedness, instead of turning them out of the Priest's Office, for Desecrating and Profaning their Sacred Character, and instead of calling them to a more severe Account for their Adultery (as the Law required) he Expostulates with them with too much Calmness and Mildness; * 1 Sam. 2. 22, etc. Vid. Sanctium in 1 Reg. c. 2. §. 90, 91, etc. Id. in cap. 3. §. 29. Why do ye such things? for I hear of your evil Deal by all this People. Nay, my Sons, 'tis no good Report that I hear, Ye make the Lord's People to Transgress. But this was so gentle a Reprimand, that his Sons gave no ear to it, but become † 1 Sam. 2. 12. Filii Belial, i. e. sine Jugo, Grot. in 2 Cor. 6. 15. Sons of Belial; indeed, their Father's Indulgence made them so, i. e. it had made them throw off the Yoke, and sin without all restaint; and in this obstinate Course of Impiety they continue, until God thought fit to destroy them. Neither is this all, but observe how severely God dealt with Eli and his whole Family for this neglect. These two profligate Sons of his die an untimely Death, both in one day, and (which is greatly to be feared) they died in their Sin; the News of which sad Disaster so confounds Eli, that he fell back and died immediately: And well had it been, if God's Vengeance had stopped here, but ‖ 1 Sam. 3. 11. etc. there is a dreadful Curse entailed upon his whole Posterity. * Vid. Selden. de Success. in Pontif. Ebraeorum. l. 1. c. 2. etc. Const. l'Empereur Annot. in Bertram de Rep. Ebr. c. 15. & Sanctium in 1 Reg. 9 c. 1. §. 6. Let the Learned resolve you how Eli, (that was of the Stock of Ithamar, the younger Son of Aaron's Family) came to be Highpriest. However he came by that Sacred Office we know not so well, as that ‖ 1 Sam. 2. 32, 35. God threatened for the future to transfer it from his Family to Eleazar's Posterity again; and takes a solemn Oath, 1 Sam. 3. 13, 14. That the Iniquity of Eli's House shall not be purged with Sacrifice nor Offering for ever, for the Iniquity which he knows; because his Sons made themselves vile, and he restrained them not. Doubtless Flesh and Blood would be apt to resent it as a very great Hardship, if not Unnatural, for a Father to Condemn his own Children; but where God's Honour is struck at and affronted, our Duty to our Heavenly Father must overrule the strongest Affection to our own Children. * Chrysost. l. 3. adv. vituprat. vit. Monastic. St. chrysostom observes, That though Eli was truly Admirable in other Matters, and though God had nothing else to lay to his Charge, but this Neglect of his Children, and his Tenderness to them: Yet this very thing was so great a fault, that it blemished his whole Life, and God would not forgive him for it. Because he refused to punish them severely for their sin, God punished him severely for it; and destroyed both him, and them, and his whole Family. Which single Instance is pregnant Proof, that notwithstanding the great Aversion that there is in our Natural Tempers to be severe, that the † Qui induit Personam Judicis exuit Amici. Cicer. Public Station Magistrates are in, should overrule all private Interest, Relation, and natural Affection; and make them execute the Laws impartially, even upon their nearest Relations, if they should deserve it. Numerous Examples of which * Valer. Max. l. 5. c. 3. & l. 6. c. 5. occur in Profane History. And would it not be a Reproach to our Religion, if ‖ Haec in suggillationem nostri dicta sunt, si non praestet fides quod extribuit infidelitas. Hieron. Epitaph. Nepotian. Faith will not make Christians as Zealous, Impartial, and Disinterested in the Administration of Justice, as Infidelity did the Heathens. I am sure Justice should begin where Charity does, and where Reformation should begin, and that is at Home; which if it did, would silence some of the strongest Exceptions that are made against the Administration of it, and we might then hope to see a happy Reformation: Whereas if Justice stands afar off, and Judgement is turned away backward, nothing can be expected, but that Libertinism and Debauchery must prevail, and overrun the Kingdom; for so Solomon has told us in my Text, that because sentence, etc. which was never more verified in any Age than that we live in. The Government we live under is certainly the most happily Constituted in the World, as having provided the best Laws to prevent, restrain and punish the growth of Impiety; but how faintly they have been put in Execution, appears by the Complaint that has been made by Public Authority; His Gracious Majesty in his Proclamation, the late Queen of happy Memory in her Letter to the Justices of Middlesex, and the House of Commons in their Address to his Majesty, all unanimously declaring, That the growth of Profaneness and Immorality has been in a great Measure occasioned by a long continued Neglect of too many Magistrates not putting in Execution those good Laws, which were made for the suppressing and punishing thereof. The Apostle charges us, 1 Tim. 5. 22. Not to be partakers of other men's sins, which implies that we shall be accountable for other men's Sins as well as our own, if we be any way the occasion of them. 'Tis a dreadful Account we must all of us give one day for our own Sins; but how terrible will it be to answer for the Miscarriages of others, which shall be laid to our Charge? And so will all those be that were occasioned by our Neglect, according to that known saying, Qui non prohibet peccare cum potest, jubet; He that permits Sin when he has power and opportunity to prevent it, is interpreted, to allow it, nay, to command it to be done: As St. * Homil. 8. in Act. Ap. chrysostom speaks upon Eli's Indulgence to his Sons; 'tis much to be feared, that such profuse and unreasonable Clemency shall one day meet with the greatest Severity, as having given occasion and encouragement to the most Profligate and Flagitious Enormities; and if Magistrates neglect to punish the Sins of others here, it shall very much aggravate both their own Sin and Punishment hereafter. Since Sin than is the natural and necessary Consequence of Impunity, and that Impunity will be charged home severely one day, as the Effect of Magistrates Negligence and Remissness. Give me leave in the Last place, to shut up all with a Word or two of Exhortation. I have endeavoured in the former part of my Discourse to Assert and Vindicate your Commission and Power; what remains, but that you do yourselves that Right to vindicate your own Authority by more cogent Arguments than any I have used? That is, by duly exerting it to those good Ends and Purposes for which it was committed to your Trust; that you put the wholesome Laws of this Kingdom in brisk and vigorous Execution, and rescue them from that Contempt which long disuse and former mismanagement have brought upon them. For however the Clemency of the Government has thought fit to suspend for the present several Penal Laws, which were formerly made against the public Exercise of several Religions, yet there are other Penal Laws, those, I mean, against Profaneness and Debauchery; which remain still in full force, and require nothing but a courageous Magistracy to put them in Execution. And herein do I find all Parties agreed: For whatever difference there is among us, as to the execution of Penal Laws relating to Religion, all good Men of every religious Persuasion are unanimously agreed, as to the expediency and necessity of their Execution against all Irreligion and Debauchery. Certainly the Execution of them could never be more seasonable, nor was ever more necessary than in that lose and dissolute Age we live in; which seems to be distinguished from all preceding Generations by this peculiar Character, That 'tis the most knowing, and withal the most profane and debauched Age that ever yet appeared in the World. Such open Profanation of the Lord's Day, such hideous Oaths and Imprecations, such beastly Drunkenness and Debauchery, such abominable Lewdness and Lasciviousness was never known, I am persuaded, in any Christian Age or Kingdom, as is now publicly professed and practised, to the great Scandal of Religion. The Consideration of this has animated some sober Persons, even of different Persuasions, with a Spirit of Zeal, to Associate themselves for the Reformation of Manners. 'Twere well if the Heats of all Sects and Opinions among us were thus united, and concentred to stop the insolent Growth of Impiety and Profaneness, and to oppose and withstand the common Enemy of our Religion. If the Management of these Societies be as regular and orderly as their Designs are Pious, I can't but hearty with Success to their Endeavours, as any must that has perused the * Printed 1699. 80. Late Account that has been given of them; which is very well Worthy your serious and particular Consideration, not only as giving an Account of the Original Institution, etc. of those Societies, but as using the most cogent and pressing Arguments to recommend and enforce the Execution of Penal Laws against Immorality and Profaneness, as the most indispensable Duty and Trust incumbent upon Magistrates. 'Tis for the Honour of you in this place, that you have given us some hopes of a Reformation among us, by issuing out Orders for the more strict Observation of the Lord's-Day, etc. Having begun so good a Work, let me beseech you, by all that is Sacred and Religious, That you would go on to give it in strict Charge to your Subordinate Officers, That they visit all Public Houses on the Lord's-Day, not only in, but out of, Divine Service; That they present all Houses of suspicious and ill Fame; That you would facilitate, encourage, and promote the Prosecution of Drunkenness and Debauchery, of Cursing and Swearing, etc. In a word, that you would let lose all the Penal Laws against all manner of Profaneness and Immorality, which there was never greater occasion to be vigorously executed than in the present Age. For so profligately Vicious are Men now grown, that they have disowned and discarded Conscience, the most sacred Principle of Obedience, and which has kept former Generations in awe. But now how many deny, that there is any such thing at all? Or, if there be, they think it not at all concerned in the Obligation of Humane Laws. Those than that will not be subject out of a Principle of Conscience, make them stand in awe of your Power out of a Principle of Fear; convince them, That you bear not the Sword in vain; by making them feel the edge and weight of it: Thus shall you show yourselves Ministers of God, by asserting your Master's Honour, by revenging his Quarrel, and by executing Wrath upon all that dare Affront him. Gird your Sword upon your Thigh, and let your Right-hand teach you terrible Things: Let Judgement run down as Waters, and Righteousness as a mighty Stream, that it may turn that impetuous Tide of Impiety which threatens to overrun us. This is the Commission, and this the Charge that is given you; Deut. 16. 18, 20. To Judge with just Judgement, and to follow that which is altogether Just: Or, as it is in the Margin, Justice, Justice, shalt thou follow. Let it be executed, I beseech you, 1. Speedily; 2. Impartially; 3. Courageously. 1. Speedily, and without delay, when once you have full Proof and Evidence of the Fact, lest otherwise your dilatory Demurs occasion Confidence, Presumption and Obstinacy in the Offenders, and their Hearts be fully set in them to do Evil; for Delays in any thing that is good are ill, and in the best Things worst. 2. Impartially, upon all Immorality whatsoever, and upon all Transgressor's indifferently, without distinction or respect of Persons. Let the Great as well as the Small, your nearest Relations within your own Gate, as well as the Stranger, feel the Severity of the Law, in case they deserve it. This is what we are taught to pray for, That all that are put in Authority, may truly and indifferently minister Justice to the punishment of Wickedness and Vice, and to the maintenance of true Religion and Virtue. Justice is visible even in small Matters, in Anise and Cummin, as well as the weightier Matters of the Law; and he that fails in the one, 'tis greatly to be feared will be defective in the other. Our Blessed Saviour having told us, Luke. 16. 10. That he that is unjust in that which is little, which be unjust also in much. This is so far from being Severity, that I am persuaded it may prove great Charity and Kindness to a Criminal; the Punishment of small Sins often preventing the Commission of greater. And if petty Trespasses should not, how much less should the crying Profanations of the first Magnitude, escape your Cognisance, although committed by * Let a Magistrate but take to himself that Courage which he should do, and now and then make a Great Man an Example of Justice, he will find a few such Examples, will breathe move Life into the Laws, and strike more Awe into the People, than the Punishment of a Hundred Underlings, and Inferior Persons. Bishop Sanderson on Job 2. 14. §. 18. See also §. 20. and his Sermon on Psalm 106. 30. §. 22. Great Men, or those that are nearest Related. ‖ Exod. 32. Moses punished the Sin of the Golden Calf very severely, although Adron was principally concerned in it, who was a Great Man, next to Moses himself, and his elder Brother. * Num. 25. Psal. 106. 31. Phineas was not afraid to smite Zimri and Cosbi when he caught them in the Act of their Uncleanness, tho' they were both of them Persons of the highest Rank and Quality. And this act of Justice was so acceptable to God, that he highly Rewarded him and his Family, by giving him a Covenant of Peace, and an everlasting Priesthood, because he was zealous for his God. And thus also God preferred the Tribe of Levi to be his own peculiar Portion and Inheritance, Exod. 32. 27, 29. and to attend upon him in his Worship and Service, because they signalised themselves in the impartial Execution of Justice upon their nearest Relations, Deut. 33. 9 in the Idolatry of the Golden Calf. 3. And Lastly, Let Justice be executed Vigorously and Courageously. To be a Coward is a Scandal for any Man that wears a Sword; but 'tis a much greater Reflection upon him that has it carried before. What an indelible Blot had it been upon Nehemiah's Character, if he had wanted Courage in the Public Station he was in? See how heinously he Resents the very Thoughts of any such Imputation; Neh. 6. 4. What (says he) should such a Man as I flee? No, he could not have a better Cause to defend, and therefore he was resolved to maintain it with the hazard of his Life. A noble and manly Resolution, every way becoming Magistrates, Exod. 18. 21. who should be able Men, fearing God, i. e. Men of Courage and Magnanimity, who should not be afraid of the Face of any Man, Deut. 1. 17. Ecclus. 4. 9 nor be faint-hearted when they sit in Judgement: They should fear none but God, and be afraid to do nothing but that which is ill. Sure I am, you have the World on your side, the Cause of God and Religion, the Cause of Godliness and Virtue, Prov. 28. 1. which should make you as bold as a Lion: And besides, you have also all the powerful Assistance imaginable that Heart can wish; 2 Chron. 19 6. God himself having promised to be with you in Judgement, and particularly in the courageous Execution of Justice; ver. 11. Deal courageously, and the Lord shall be with the good. If you thus execute Justice, you will answer one great End of your Institution, which is, to be a * Ro. 13. 3. Terror to evil Doers, and to be † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de Leg. Conservators of the Laws you are entrusted with. You'll thereby answer the End of the Law, which was ‖ 1 Tim. 1. 9 made for the Lawless and Disobedient, for the ungodly and for Sinners, for the Unholy and Profane: And you'll answer the End of * Vt aut eum quem punit emendet; aut ut Paena ejus caeteros meliores reddat, aut ut sublatis malis securiores caeteri vivant. Senec. de Clement. l. 1. c. 22. Vid. A. Gellium Noct. Attic. l. 6. c. 14. Punishment, which is to make bad Men good, and good Men better. By this means you'll become the truest Patriots of your Country, and the best Benefactors to the Nation, Luk. 22. 25. by being the happy Instruments of Reforming a Kingdom, * Jer. 22. 15, 16. of deriving down Blessings upon it, † Jer. 5. 1. of preventing God's Judgements from befalling us, or ‖ Numb. 25. 8. Ps. 106. 30. of averting them when they are already begun. By this means * Fundamentum est perpetuae Commendationis & Famae Justitia. Cicer. de Offic. l. 2. you'll illustrate your Character, you'll Embalm and Perpetuate your Memories to Posterity, and future Generations shall rise up and call you Blessed. ‖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philopon. in Prior. an. Even ill Men shall commend you, for executing Justice; good Men shall Praise you in the Gates, and God himself shall highly Honour you here, and most amply Reward you hereafter; Matth. 25. 21. when he shall say, Well done, thou good and faithful Servant, thou hast been faithful over a few Things, I will make thee Ruler over many Things, enter thou into the Joy of thy Lord. FINIS.