A SERMON Preached in the Parish-Church of St. Mary Saviour's IN SOUTHWARK At the Lent-Assizes, Febr. 28. 1671.  
BEFORE THE HONOURABLE S it Thomas Twisden AND S it William Morton His MAJESTY'S Judges of ASSIZE. AND At the Request of Ellis Crisp Esq High Sheriff of the County of SURREY.  
By Thomas Horton D. D.  Prov. 21.3. 
To do Justice and Judgement is more acceptable to the Lord than Sacrifice.  Joh. 7.24. 
Judge not according to the appearance, but judge righteous Judgement.  
London, Printed by W.R. for Ralph Smith, at the Bible, under the Piazzo of the Royal Exchange in Cornhill, 1672.   

A SERMON PREACHED BEFORE THE JUDGES The Eight and Twentieth of February, 1671.  2 Chron. 19.6. 
And he 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 Judgement.  
THere is nothing more comely, or amiable, then when Worth goes together with Honour, and when Places of Trust and Dignity meet with Persons of Faithfulness and Integrity for the managing and discharge of them, from whence they prove to be mutually acceptable, and advantageous one to the other. This is that which is observable of us in the carriage and scope of this Scripture which we have now before us, where Jehoshaphat the King of Judah finding it to be in some Respects requisite and necessary for Him to set up certain Officers of State, and to appoint Judges in the Land, for the better ruling and governing of his Kingdom under himself: He does not content himself only to appoint them their Places, but he is careful also to mind them of their Duties, and to provoke them to care and diligence in these places which were imposed upon them, and sustained by them: That they might be the better enabled to give their Charge to others, he first of all gives his Charge to them, and lays a very strict and solemn Injunction upon them. That so from the same Authority whence they received their Office itself, they might likewise receive some kind of fitness and preparation for it; And be said unto the Judges, Take heed what ye do, etc.  
In which words there are two main parts considerable of us. First, A Charge premised. Secondly, A Reason annexed for the enforcing of this Charge. The Charge, that we have in these words, Take heed what ye do. The Reason annexed in these, For ye judge not, etc. Or if ye will, we may invert the parts, and take them thus; First, A Truth declared. Secondly, A Caution inferred upon the supposition and declaration of this Truth. The Truth declared in these words, Ye judge not, etc. The Caution inferred in these, Take heed what ye do. So as the one is in the nature of the Doctrine, the other of the Use; And in this method and order shall I now with God's gracious assistance take notice of them; I begin first of all with the former, which is the Doctrine or Truth declared, and this consisting of two Branches more; First, The simple Preposition. Secondly, The additional Amplification. The Preposition, that ye have in those words, Ye judge not for Man, but for the Lord. The Amplification, that ye have in these, Who is with you in the Judgement.  
First, Here is considerable of us the simple or single Preposition, Ye judge not for Man, but for the Lord: This is that which is here asserted and declared concerning the Judges. But it s●ems to carry some kind of difficulty and intricacy with it, and therefore will require a little opening and explication of it to us, in what sense it is to be taken by us. The Preposition itself is of that nature as wherein the Parts are segregated and separated one from the other, and accordingly we shall speak separately and distinctly of them. First, By showing how far the Judges do indeed judge or not judge for Man. Secondly, Showing how far and in what respects they do judge for the Lord. For there is a Truth contained in both, being rightly stated and understood by us.  
First, To view it in the first reference, as it hath respect unto Men: Judges they do in a sense, and in some sort, judge even thus; They judge for Man, and that according to a twofold explication: First, For Man, that is, by Man's Appointment, Hominum Instituto. Secondly, For Man, that is, for Man's Advantage, Hominum Commodo.  
First, For Man, that is, by the Appointment of Man: They judge so, and so they may judge: It is true, They are by God's appointment chief, as we shall hear afterwards out of the Text, but they are by Man's also subordinately; and therefore even here in this present Scripture are said so to be. In the verse immediately preceding, namely, the fifth verse of this Chapter, it is said, That Jehoshaphat set up Judges in the Land, throughout all the fenced Cities of Judah, City by City. And so Moses by the advice of Jethro, chose able men out of all Israel, and they judged the People at all Seasons, Exod. 18.25, 26. And so Samuel, upon the same account also he judged Israel all his Days, and went from year to year in Circuit, 2 Sam. 7.15, 16. Judges they are no new thing in the World, but have been long appointed, and that by Men themselves: Therefore expressly called in Scripture the Ordinance of Man, or Humane Creation, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Pet. 2.13, 14. Submit yourselves to every Ordinance of Man, for the Lords sake, whether it be unto the King, as Supreme, or unto Governors that are sent by him. These Governors, amongst the rest, are the Judges, who are there described, from the main scope of their Office, in reference either to Punishment or to Reward.  
Secondly, For Man, that is, for Man's Advantage; They judge for man likewise so: for man, that is, for the good of man, and as that which is beneficial to him, for so it is. Judges, and the Dispensers' of Justice; they are of very great use and necessity in the life of Man, without which he could not well subsist or hold out in the World, nor indeed the World subsist itself. Man by nature is so wild a Creature, and hath so much corruption and perverseness in his heart, as that without Judgement and Justice, People would be ready to destroy both themselves and one another. Therefore we have very great cause to bless God for such as these, and to submit unto them, as being indeed our own greatest Interest and Accommodation: For it is the happiness of every thing which is inferior, to be in subordination to an higher than itself, for the regulating and ordering of it: And the weaker that any thing is, by so much the more does it need the power of another to support and assist it. Therefore the Apostle speaking of the Magistrate, says, He is the Minister of God to thee for good, Rom. 13.4. that is, he is so by his Place and Office in the proper nature and scope of it. And for good in the full latitude, and extent of goodness: God in mercy and favour to Man, hath appointed Magistrates and Governors to Rule him, and Judges to pass Sentence upon him; and therefore accordingly hath commanded that they should be acknowledged and prayed for by him, 1 Tim. 2.1, 2. I exhort that Supplications and Prayers, and Intercessions and giving of Thanks be made for all men, for Kings and for all that are in Authority, that we may lead a quiet and peaceable life in all godliness and honesty. Which word that, is to be taken not only Intentionaliter, but Consecutive; not only as showing the End or Reason why we should make such Prayers, but also as showing the Effect or Consequent of such Prayers being made, and the good which does follow from such Persons for whom they are made. And thus have we seen in what sense it does indeed hold good, That Judges do judge for Man; which is twofold, First, For Man, that is, by Man's Appointment, Hominum Instituto. And secondly, For Man, that is, for Man's Advantage, Hominum Commodo.  
It remains now further in the next place, that we should look upon it in the Negative, and see how far it does not hold as it is declared to us here directly and expressly in the very words of the Text, They judge not for Man: Now this, it may be thus far explicated and unfolded unto us; First, Not for Man in an exclusive sense, not for Man only. Secondly, Not for Man in a Superlative sense, not for Man chief. Thirdly, Not for Man in an Irregular or Inordinate sense, not for Man corruptly; neither of these ways for Man.  
First, Not for Man in an Exclusive sense, not for Man only: Judges they do in some respects (as we have shown) judge for Man, but they do not judge for Man alone. There is an higher who is to be looked at, and regarded in their Judgement; and whom accordingly it concerns them to approve and to acquit themselves to; They may not think that when they have satisfied Men, and done that only which they required of them, that they have discharged their Duty, but must consider moreover, that they are answerable and accountable to God, who will also take an account of them.  
Secondly, Not for Man in a Superlative sense, not for Man chiesty: Judges they judge for Man, but in the second place, not in the first; they judge for Man as the subject and object of their Judgement which it is exercised and conversant about; judge betwixt man and man, as the Scripture expresses it: But man is not the main End or Scope of their Judgement which it is carried and directed unto, but a greater Person; they judge for Man in reference to God, upon his account, and such considerations as these: And therefore we are required to submit unto them for the Lords sake, in the place before alleged.  
It is a rule in the exposition of Scripture, That Comparationes negativae non excludunt sed praeponunt; That negative Comparisons they do not exclude one part, but prefer another: As for example, where it is said, God will have Mercy and not Sacrifice; the meaning is not, that he will not have Sacrifice, but that (in such cases) he will rather have Mercy. So when St. Paul says of himself, That Christ sent him him not to Baptise, but to Preach the Gospel: It was not as prohibiting Baptism, but as preferring Preaching: Again, when it is said of Servants, As doing Service to the Lord and not unto Man; it is not as excluding Man, but as extolling God: To the Lord, and not unto Man; that is, to the Lord rather than unto Man; and so here now in the Text, Ye judge not for man, but for the Lord; that is, not for man so much as for the Lord: Not for man in a Superlative sense, for man principally or chief, ye judge not for man so.  
Thirdly, Not for man in an irregular or inordinate sense; not for man corruptly, ye judge not for man; that is, not for the mere will and pleasure of man, Non Hominibus, i. e. Non Hominum arbitrio. Judges in the administration of Judgement are not to make it their business to please and gratify men, or to do nothing but what may be acceptable and satisfactory to them. These that thus seek to please such, they are not the Servants of Christ, Gal. 1.10. Therefore what St. Peter speaks in general of all Christians, it holds more particularly and especially of such kind of Persons, that they should not live to the lusts of men, but to the will of God, 1 Pet. 4.3. It is a dangerous thing for any Persons whatsoever to make men to be the absolute rule and bias of their Actions, as being compassed with very much infirmity: But it is to none more dangerous than it is to those who are in Places of Judicature and Public Government; to such as those it is more hazardous than to any other besides. And therefore it is that the Scripture does lay so many strict Cautions and Prohibitions to his purpose of having regard to man in such matters as these are. Thus Levit. 19.25. Thou shalt not respect the person of the Poor, nor honour the person of the Mighty, but in Righteousness shalt thou judge thy Neighbour. So Deut. 1.17. Ye shall not respect persons in Judgement, but ye shall hear the Small as well as the Great: Ye shall not be afraid of the face of man, for the Judgement is Gods. Again, Deut. 16.19. Thou shalt not wrest Judgement, Thou shall not respect Persons. In all these places, and the like, is man excluded from an absolute influence upon such a censure as this is, as whereby it should be regulated or determined And so are we now to take it here in the Text in this expression before us, Ye judge not for man, that is, not for the fear of man, so as to be terrified by that. Ye judge not for man, that is, not for the savour of man, so as to be tickled by that. Ye judge not for man, that is, not for the fancy of man, so as to be led or guided by that: not for man; that is, not for man's lust and humour, and extravagancy, and inordinate affection: Not for man in any case, so by any means. The word Man in Scripture-Language is sometimes used as Terminus Diminuens, as carrying some kind of disparagement and diminution with it. Thus 1 Cor. 3.3. Are ye not carnal, and walk as man, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And accordingly in this Notion is it considerable of us here in this place, as to the business in hand: And so ye have seen this passage in the full sense and explication of it here, and in what respects it is here said, That ye do not judge for man; that is, not for man only but for the Lord also; not for man chief, but for the Lord rather; not for man absolutely and indefinitely, and at large, howsoever considered or qualified, but in submission and subordination to the Lord; for man in compliance with God, but not in contradiction to him, or opposition against him. And so much may suffice to have spoken of this Judgement in its first reference, as it hath respect unto man, which we have seen both in the Affirmative and Negative.  
The second reference of it is, as it hath respect to God, in these words, But for the LORD. And this as well as the former doth admit of various explications; we may take them briefly thus;  
First, For the Lord Authoritatively, by Warrant and Commission from Him. They are appointed by man (as I shown before) immediately, but by God originally. They take their Office first of all from Him, who is the Author and Owner of it: Therefore saith Wisdom, that is Christ, who is the essential Wisdom of the Father, Prov. 8.15, 16. By me Kings Reign, and Princes decree Justice: By me Prince's Rule, and Nobles, even all the Judges of the Earth. It is said in Judges 2.16. That the Lord raised up Judges, and 2 Sam. 7.11. That he commanded Judges: And here in the Text, it was not Jehoshaphat only of himself, but probably by direction from God: Therefore, together with other Magistrates, they are called expressly, The Ministers of God, Rom. 14.4. Are said to be ordained of God, which is accordingly made to be a ground for obedience and subjection to them.  
Secondly, For the Lord representatively, in the Lord's stead: Judges and Magistrates they are in the room and place of God, as Joseph sometime spoke of himself to his Brethrens, Gen. 50.19. And therefore sometimes also have they the name of God fastened upon them, I have said ye are Gods, Psal. 82.6. They are Dii nuncupative, though not formaliter. And they are Dii participative, though not essentialiter: God hath stamped his own Power and Authority in part upon them, which they do execute for his sake, and in reference to him: Therefore it was the Speech of the Lord to Moses concerning Aaron his Brother, Exod. 4.16. And he shall be thy Spokesman unto the People: And he shall be even to thee in stead of a Mouth, and thou shalt be to him in stead of God; that is, he shall be thine Interpreter; and thou shalt be his Governor, to reveal my will unto him, and Power to Command him: This is ordered in great goodness and kindness to the Sons of Men; Look as in the Work of the Ministry, it is a favour that God speaks to us by man, and not by himself (Let Moses speak to us, and we will hear him, but let not God speak to us, lest we die, Exod. 20.19.) So here as to the work of the Magistracy, it is a favour that God judges us by man, and not by himself: For so he does now here in this present World; indeed in the World to come, than he will judge men by himself more immediately, but for the present he does it by his Officers. Man is now judged by his Peers, who judge for the Lord, as representing him in this Judgement, Domino, i. e. Loco Domini.  
Thirdly, For the Lord effectually or intentionally, for the Lord's Interest: God hath therefore appointed Judges and Magistrates, and such kind of Persons in the world, that so from thence his own Honour might be preserved more inviolably in it; That his Commands might be the more regarded, and his Laws might take the greater place in the Hearts of his People, Ye judge for the Lord; as by your places in the right discharge of them, ye bring more glory to God than other men do. The higher that any are in Place, the greater in Influence, and they have larger opportunities of doing good afforded unto them; which is indeed, if it be duly considered, the greatest excellency and advantage of them. Oh what a great deal of good hath a good Magistrate occasion to accomplish, for the restraining of Vice, for the promoting of Virtues, and every way for the advancing of the Name of God in the World! There is no man that does the least good, but he serves the Lord in it in some measure: But those that do such good as this is, they do serve Him in it more especically. Every Sin in the proper nature of it, but some more especially strikes at the very Majesty of God, and opposes his Interest: Therefore Judges whiles they set themselves against Sin, they do so far forth act for God; for the Lord Emphatically. And so now I have done with the first Branch of this first general, to wit, the simple or single Proposition in those words, Ye judge not for man, but for the Lord.  
The second is the additional amplification, in those, Who is with you in the Judgement: This is added, to make the Declaration so much the more considerable, and to quicken these Judges in this their Office, which was undertaken by them: But how does this hold good, and in what sense is it spoken? Take it if you please thus,  
First, He is with you to behold you, to observe you, and to take notice of you: He is with you, that is, he is present amongst you, and sees all that is done by you; God standeth in the Congregation of the mighty, he judgeth among the gods, Psal. 82.1. Amongst them, or in the midst of them, as the words run in the Text, where any Persons are gathered together in his Name, there is He in the midst amongst them. It holds good not only of Ecclesiastical Assemblies, but also of Judicial. As for King Jehoshaphat, who appointed and set up these Judges, He could not be always or every where with them himself, nor have his Eye continually upon them: He could not perfectly take notice of the things which were transacted by them; but he tells them, That the Lord was with them, and so consequently that he saw and beheld them, which was more consiedrable to them, than any thing else: As his Eyes are with Kings upon the Throne, Job 36.7. So also with Judges upon the Bench, as being himself the chiefest of all: He is with you in the Judgement to behold you, That's the first.  
Secondly, He is with you to assist you, and to enable you, and to be helpful to you: He is with you, not only in your Persons, but also in your Employment, and in your Work, to promote you in it, and carry you through it. This is that which is requisite and necessary to every business that we take in hand, which is of any consequence; but more especially in such a business as this is, which we now mention. And it is that which is here graciously promised to such Persons as these are, in the exercise of their Judiciary proceed: This we may conceive him to be two manner of ways, Either first of all, by way of general and habitual Qualification: Or secondly, by way of actual and particular Assistance. The former, by enabling them for their work: The latter, by enabling them in it. And this latter as well as the former is that which is much to be prized and regarded by them: It is that which is very needful and desirable in all other professions & Employments besides. For God is not only to be with them remotely by a common and general Preparation, but also to be with them immediately by a particular concurrence. Thus (for instance) a Preacher, he does not only need a qualification in general, for the work of the Ministry, but also God's assistance in every particular Sermon; Nor a Soldier does not need only to be trained up to the War in general, but to have assistance in every Battle: Nor a Physician to have Skill at large, and in the habit, but to have assistance as to such a particular Patient, and to such a particular Disease; And as is said of our blessed Saviour, To have Power present with him to Heal. And so for Judges, and the Distributers of Justice, not only to be able men in the Law & Affairs of Judicature, considered at large, but also to be assisted by God in such particular Causes, and in such particular Cases, and in such particular Difficulties which are at any time brought before them. And this (as I conceive) is included also in his being with them; and from God in the mouth of Jehoshaphat, intimated and declared unto them. That which is here rendered, In the Judgement, is in the Text Bidvar Mishphat, which according to a different signification of the Hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath a double sense with it: This word it signifies both Res and Verbum: And each of them very pertinent to the purpose in hand. God promising assistance to these Judges in each particular; First, He is with you in re Judicii, that is, in the matter of the Judgement, as the Margin expresses it: He is with you to enable you to judge aright, and to discern of the Cause and business itself which is offered and presented to you. Secondly, He is with you in verbo judicii, that is, he is with you in the Sentence and Verdict which is given by you, and which comes from you. As in each of these you do need his assistance, so in each of these you have the promise of his assistance made over to you, upon your dependence upon him for it: He is with you, so as to assist you, and to enable you; That's the Second.  
Thirdly, He is with you, to defend you; not only to stand among you, but also to stand by you, and to stand to you: This is that which is to be supposed and taken for granted, that those who are in any kind hinderers and restrainers of Sin, they shall be sure to have Enemies, Ministers that reprove and condemn it, Magistrates that censure and punish it: And therefore accordingly will they need such as may be Abettors to them. This is that which God himself does undertake here for these Judges; That he will thus be with them, and that according to a twofold injury, whereunto they are exposed from those who are Enemies to them: The one is of Reproach and Ignominy, the strife of Tongues. The other is of Assault and Mischief, the Hand of Violence: with respect had to each of these will God be with them to defend them: He will defend their Names, to justify them, and he will defend their Persons, to protect them, and to keep them from evil.  
First, Their Names to justice them, where they are careful to discharge their Consciences, and to do that in good earnest which is their Duty; they shall be sure to have Him with them thus, so as to clear them, and to take off those Scandals which are passed upon them: While men seek to please men, and to curry favour with them, God does many times, in just Judgement, give them up to the censures of men, and make them more odious and abominable; But while they are careful to discharge their Duty, he does from thence clear their Innocency.  
Secondly, Their Persons to protect them; there are sometimes desperate People in the world, who by their insolency, and violent attempts, would fright those who are the Dispenser's of Justice, from that which is to be done by them; but God himself takes care of them, and watches over them. Those who are public Magistrates, they are under a more special Protection; and those Angels which are charged with others, do take more special charge of them then of any others besides: God is with them, to defend and preserve them on every side; to hid them in the secret of his presence, from the pride of man, and to keep them secretly in a Pavilion, from the strife of Tongues, Psal. 31.20.  
Thirdly and Lastly, He is with you to bless you, and to reward you for that good which is at any time done by you: There's no man that does any thing for God, that shall be a loser by him, but shall have it abundantly recompensed to him. Those that are with Him, he will be sure to be with them; and those that Honour Him, He will Honour: Those that are for him, to Serve him, he will be for them, to Crown them, and to bestow a full Reward upom them; Ye judge not for Man, but for the Lord; and ye receive not from Man, but from the Lord, as that which is chief considerable. What ever good any man doth, the same shall he receive from the Lord, whether he be Bond or Free, Eph. 6.8. To be sure he shall not lose his Reward, nor his Labour be in vain. And therefore that which is here expressed by Gods being with you, some Translations render it, Quoth in vos redundabit, that is, which shall at last turn to your own account. And thus have we seen how many ways God is said to be with those who are his Servants, in such businesses as these are, To observe them, to assist them, to defend them, and to bestow a blessing upon them: And accordingly it shows how far it is both to be pursued, and also acknowledged by such kind of persons, not only to partake of God's common and essential presence, in regard whereof he is said to be with all his Creatures; but also to partake of God's special and gracious presence, in regard whereof he is said to be with those who are his Servants and Children.  
The ground and foundation of this, is Immanuel, who is, God with us: First, With us, in our nature, which is reconciled to God in Christ, who hath taken it upon himself; and then with us in our Persons, who are in Covenant with God through Christ, upon compliance with Evangelical Conditions: And then also last of all with us, in our Services and Performances, as coming from such Persons. And so now I have done with the first general part of the Text, which is the Truth declared: And that consisting of two Branches, First, The Proposition, Ye judge not for Man, but for the Lord. And secondly, The Amplification, who is with you in the Judgement. And this in the nature of the Doctrine.  
The Second is the Caution inferred upon the Supposition and Declaration of this Truth, Take heed what ye do; and this in the nature of the Use. Now this again it may be looked upon by us two manner of ways; First, In its simple Injunction. And secondly, In its rational Inference. The simple Injunction, that is considerable in the words themselves. The rational Inference, that is considerable in the connexion of these words with the other, knit together by the Causal For.  
First, To speak of them as they lie in themselves, and in the simple Injunction; Here's a Caution given to the Judges, To take heed what they do; where, by the way, before we go any further, give me leave to put in this, that when we say here to the Judges, we are not to take these Judges in the limited sense only, but in the extended; nor in the Peculiar sense only, but in the Comprehensive; not only for such Persons as are the prime and principal in Judicature, and have the chief managing of it, whom we call by a special Eminency, The Justices of the Assize, (though these especially) but also all others, who by their Places are any way subservient or subordinate to them. Even they do likewise come within this compass, and have this Charge given unto them, Justices of Peace, Witnesses, Jurors, Pleaders, and all others, whosoever they be, who do any thing contribute to the administration of Justice: It is that which does indeed concern all men whosoever at large. There's no man that does any thing at all, but it be hoves him to take heed what be does, because every man is accountable to God for whatsoever is done by him: But it concerns those who are the Dispenser's of Justice, to take this heed above all others; for which cause they are called upon to do so: To take heed, and to see what they do, as the Hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 properly signifies, that is, to be well informed, and to have good Evidence for what is done by them  
The giving of Caution, it does always, or at least, for the most part, suppose some kind of danger, which is incident to those persons to whom it is given, otherwise there were no need at all for the giving of it; Now there is a double danger which such are exposed to, who are employed in the affairs of Judicature: The one is danger of miscarrying, and the other is danger from miscarrying. There's danger of miscarrying, lest they should do so; and there's danger from miscarrying, if they should do so; where there is either or both of these, we do usually give, and are willing to receive, Caution and Praemonition.  
First, Danger of miscarrying, there's a great deal of this in this business: The work of Judgement is such a nice and intricate business, and hath so many Difficulties and Perplexities oftentimes belonging unto it; that if there be not a great deal of care taken about it, it is the easiest thing that can be to miscarry in it. Besides that, those who are exercised in it, are for the most part liable to great Temptations on every side; which do call for the greater vigilancy and circumspection in them, and give them occasion for looking about them in those things which are undertaken by them.  
Secondly, Danger from miscarrying, there is much of that likewise in it, being a matter of very great consequence and concernment in its own nature. And this is a most sure rule and observation, That those things which are most excellent in themselves, and right improvement, are commonly most dangerous in their miscarrying and disappointment: Thus it is here in this business whereof we now speak, as to the administration of Justice. Forasmuch as there is a great deal of good which comes (as I have shown before) from its proceeding regularly; there is consequently a great deal of danger and mischief ensuing from its prevarication; Danger to the Judges themselves, danger to the Persons who are judged by them, danger to the whole State and Commonalty itself; not only men's lives, but their Souls sometimes hazarded by it. All which laid together, do give ground for this hint which is here exhibited to them, of taking heed what they do, which indeed we may take in the notion either of a Caution, or of a Commination; of a Caution or Admonition, that they might not do amiss: And of a Commination or Threatening, if they did so.  
Whiles it is said here, Take heed what ye do; we are moreover to take this expression, as in the full latitude and extent of Persons (as I hinted before) that is to say, both of the principal Judges, and the subordinate; of themselves, and of any other that are subservient to them; so we are likewise to take it in the full latitude and extent of things, and of the Office belonging to such Persons to be discharged by them, where there are two things especially as pertinent and belonging hereunto, and branches hereof: The one is as to matter of Condemnation, and the other as to matter of Absolution; These two especially do make up the work of Judges, who to speak in the words of the Apostle Peter to this purpose, are for the Punishment of those that do Evil, and for the Praise of them that do well, 2 Pet. 2.13. And so the Apostle Paul speaking of the Magistrate, and his Power: If thou dost well (says he) thou shalt have Praise of the same. But if thou dost Evil, he is an Avenger to execute Wrath, Rom. 13.3, 4. So then in reference to each of these Parts and Branches of Judicature, we see how this Caution lies, and how far forth it is to be understood by us: As it refers to matter of Condemnation; So take heed what ye do there, that ye do not Condemn the Innocent: And as it refers to matter of Absolution, so take heed also what ye do there, that ye do not aqcuit the Guilty; for there's a miscarriage and danger in both: He that justifieth the Wicked, and he that condemneth the just, even they both are an abomination to the Lord, Prov. 17.15.  
First, Then take heed what ye do, that is, that ye do not condemn the innocent; Take heed of that, remember that of the Apostle Paul, which he hath to this purpose, That Rulers are not for a Terror to good Works, but only to the Evil, Rom. 13.3. that is, still they are not so ex Officio, & by their Places, which inclines them otherwise: And therefore it is supposed, that those who are good, should not be afraid of their Power, because in stead of being checked and reproved, and condemned by them, they should rather (as it is there expressed) have praise from them. Thus it ought to be in this particular, and for this purpose a great deal of care and heed to be had about it, lest men should fall under that censure which St. James fastens upon some persons, Ye have condemned and killed the Just, and he doth not resist you, James 5.6.  
Secondly, Take heed what ye do, that is, that ye do not acquit the Guilty: There's a Care to be had of that likewise. As Innocency is to be cherished and protected; so is Vice also to be discountenanced and punished, which is another branch of the Office of such Persons as are in place of Judicature, For the Punishment of those that do evil, as was expressed in the Scripture . This is that which lies upon them, to be careful of in themselves, and to take heed that nothing may hinder them, or take them off from it; whether fear of Displeasure, or hope of Reward, or remissness of Spirit, or inordinate Affection, or what ever else we might name, as might be obstructive hereunto: Although there is always a tenderness to be had as to the managing of such Censures, and a sensibleness of humane infirmity and common frailty; yet as for the thing itself, it cannot be safely neglected or omitted by such kind of persons as are entrusted with it. There's a great deal of mischief which follows upon the intermission and restraint of Justice in this particular, when as convicted Offenders are not brought to condign Punishment: For from hence are men so much the more strengthened and confirmed in Sin, and encouraged to the Commission of it, according to that of Solomon, Eccles. 8.11. Because Sentence against an evil Work is not executed speedily, therefore the Hearts of the Sons of Men are fully set in them to do Evil. Wickedness it improves from Indulgence, and the more that men are favoured in it, the more earnestly are they set upon it, and addicted to it; which makes so much the more for such a Course as this is to be taken with it.  
This Caution was never more seasonable, then in these Times wherein we live, in which Sin is come to that height and extremity as it is amongst us in all particulars; In Filthiness, in Drunkenness, in Luxury, in Oppression, and in all manner of Profaneness. And these also carried on with an high Hand, with a brazen Face, with a bold Forehead: The Impudence of Sin in this Age, makes it to be notorious and abominable; wherein People are so far from being ashamed of it, as that they rather glory in it, and make their boasts of it, counting it an advantage to them to make Others as bad as themselves; because they think that while Sin is more common, it will be less scandalous, as having many to plead for it. Give me leave to instance in one Sin amongst the rest, which there are very good Laws against, and it is pity but they were put into Execution, and that is your common and profane Swearing and Cursing, and hideous Blasphemy, whereby the great and glorious Name of God is in a most fearful and execrable manner rend and torn in pieces: We cannot pass the Streets, but our Ears are ready to tingle at the hearing of such horrid Oaths as are uttered in every corner. A Sin which is the more intolerable, as it is less accountable, which men have nothing to say for themselves in the defence of it, as having no provocation or temptation at all to it, but only the naughtiness and perverseness of their own Hearts; who will be wicked because they will be, and are resolved in themselves so to be, let there come on it what there will.  
Now this does very much call for the restraint of those that have Power to restrain it; An bainous Crime, and an Iniquity to be punished by the Judges: To use that expression, Job 31.11. and so for all other Sins besides, which do come within their compass. This Caution here in the Text, it reaches them in this particular, To take heed what they do, yea, and to take heed what they do not do too, which is included also in it: For even simple omissions are very dangerous in such cases as these are. In times of common and public Corruption, and the spreading of wickedness in the World, there are two sorts of Persons especially which are very highly concerned, and cannot easily discharge themselves from Gild, in the neglect of their Duties about it; Magistrates and Ministers. Ministers whiles they neglect to reprove it, they become guilty of it by their silence. And Magistrates while they neglect to punish it, they become guilty of it by their Indulgence. And it is an heavy and grievous thing to draw the burden of other men's Sins upon our selves, and to partake with them in them, which we do by our connivance at them.  
Let us therefore all both one and tother be awakened and exhorted in this particular, To take heed what we do; that so our examples may have an influence upon our Offices in the succesfulness of them, and both together upon the good of the State and Kingdom wherein we live; which we are all of us concerned in to preserve it what we can in innocency, that we may preserve it what we can from ruin: For Righteousness exalts a Nation, but Sin is a reproach to any People, as it is in Prov. 14.34.  
And moreover, let us look to our Hearts and Affections in all these things; which is especially to be regarded by us. Take heed not only what ye do, but how ye do it; which we are also for the fullness of the sense to take in, as included in this Caution. Man looks to the outward appearance, but the Lord looks unto the Heart: It is possible to be very unjust even in the execution of Justice itself, according to the spirit and principle which men are at any time carried by in the discharge of it; for which reason it concerns them to be the more wary and watchful over themselves. And so much may suffice to have spoken of this passage in the first view and notion of it, as it is considerable in the words themselves, or simple Injunction.  
The second is, as it is considerable in the connexion of these words with the other, or in their rational inference expressed in the causal For; because, or forasmuch, Ye judge not for Man, but for the Lord, who is with you in the Judgement; therefore, and upon this account and consideration, Take heed what ye do: where again, we are to take the branches distinctly and separately one from the other, and so the inference in each reference both to the proposition and to the amplification: In reference to the proposition thus, Because ye judge not for Man, but for the Lord; For there is the force of an argument in both; therefore take heed what ye do, for that reason. Again, in reference to the amplification thus, because the Lord is with you in the Judgement: Therefore take heed what ye do for that also.  
First, Take it in the first reference, namely, as to the proposition, thus, Take heed what ye do, because ye judge not for Man, but for the Lord: Where we may first of all in general take notice of the Topick or Nature of the Argument, which is here used; and that as taken not so much from Humane, as from Divine considerations; from God himself rather than from Man. And it gives us by the way an hint of the disposition of each party; both of the person that used it, and of the persons to whom it was used. First, For the person that used it, which was Jehoshaphat, we see what kind of arguments were most effectual with him, by what was used by him: There are some that would have dealt with these Judges upon civil and secular considerations, and in a way of Policy; but he deals with them rather upon sacred and religious considerations, and in a way of Piety. Those things which most prevail with men themselves, they are apt commonly to urge upon others, from the sense and efficacy which they have of them upon their own Hearts: And so here.  
Again, For the Persons to whom this Argument was used: These Judges they were probably pious and religious men, and such as truly feared God, or else Jehoshaphat would never have used such an argument as this was to them: Reasons taken from Piety are insignificant to an impious Heart, and carry no stroke at all of prevalency with them. Carnal and Atheistical people, who have no sense of Religion at all in them, nor no sear of God before their eyes; they will sooner scoff and mock at such arguments and reasons as these, then be any thing moved or wrought upon by them. But these persons here in the Text, as we may conjecture were better affected. And so this argument which was used unto them, it was proper for them: It was Argumentum ad Homines, though not Argumentum ab Hominibus. And this we may observe from the Condition of the argument in general.  
Now to come more closely to it in particular, Ye judge not for Man, but for the Lord; therefore take heed what ye do: The argument holds good in this connexion upon a various consideration, we may resolve it into these following Improvements.  
First, Ye judge for the Lord, and it is He that employs you; Therefore take heed what ye do, that so thereby ye may discharge your Trust, and approve yourselves to him chief who is your Master, and that sots you on Work.  
Secondly, Ye judge for the Lord, and it is He that is represented by you, and in whose place ye stand; Therefore take heed what ye do, that ye may do that which is every way suitable and agreeable to such an excellent Person as He indeed is: This Picture is to be like the Person; and the Image is as near as may be, to be proportionable to the Sampler. Those who are Gods by Title and Appellation, as Magistrates and Judges are, they should as much as possibly might be, be Gods also in property and disposition: That so it may be said of them as was it said of Paul and Barnabas at Lystra, The Gods are come down to us in the likeness of Men, Acts 14.11. Seeing they bear the Name of God, sustain the Place, represent the Person, they should therefore, as near as they can, partake of the Nature, and so carry themselves in point of Judicature even as God himself does. And thus we find it improved in the verse immediately following the Text, the seventh verse of this Chapter, 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 Deputies and Vicegerents are to be true and faithful to the Persons whom they represent.  
Thirdly, Ye judge for the Lord, as the Person that is especially aimed at and intended in your Judicature; and therefore be careful that ye fall not short of that main End whereunto ye are designed; and especially that ye walk not contrary to it. There is somewhat considerable in reference to Man, which in some respects might prevail with you to circumspection and exactness in your proceed. But this consideration, which is taken from God, is the chiefest of all, and so most of all to be minded by you. For as old Ely spoke sometime to his Sons to this purpose in 2 Sam. 2.25. If one man sin against another, the Judge shall judge him: But if a man sin against the Lord, who shall entreat for him. And thus does the Inference hold good in its first reference, as it is carried in the simple Proposition, Ye judge not for Man, but for the Lord; therefore take heed what ye do, for that reason.  
Secondly, It holds also in reference to the additional amplification, Who is with you in the Judgement, and that according to all those explications which we have before given of it.  
First, He is with you to behold you; therefore take heed what ye do, as those who are accountable to him, for that which shall be done by you Those who are now Judges of others, they must hereafter be judged themselves, and together with those whom they judge, stand personally before Christ's Tribunal: Whereof these inferior Judicatures are both a Representation, and also an Assurance. Therefore there are some Translators who thus render those words of the Psalmist, Psal 82.1. where it is said, He judgeth among the Gods: They read it, In the midst he will judge the Gods. Intimating thus much unto us, That the great God of all, he will judge these little and petty gods, which now have his Name upon them; And so he will.  
Secondly, He is with you to assist you, Therefore take heed what ye do, as careful to improve that help and assistance which he offers to you: Inablement is an engagement to performance, and the more help at any time we have, the less excusable are we in sailing of that Duty which is required of us.  
Thirdly, He is with you to defend you; Therefore take heed what ye do, that so ye may give him occasion to defend you still, and testify your thankfulness for his former defending of you: His protection is not to make you the more secure, but rather the more careful.  
Lastly, He is with you to reward you; Therefore take heed what ye do, that so he may bestow a full reward upon you: That when the chief Judge of all shall appear, you also may appear with him, and receive a Crown of Glory that fadeth not away: Even a Crown of Justice and Righteousness, which the Lord the righteous Judge shall give you in that day; and not to you only, but also to all them that love his appearing. And thus ye have the Caution inferred upon the Truth declared, and the Use which follows upon the Doctrine.  
Now there is but one thing more behind, which yet is very considerable, for the better enforcing of all the rest; which though it be first in the order of the Text, yet I have reserved it to the last, as carrying a very good close with it. And that is the Preface or Introduction, in these words, And he said unto the Judges, which hath the greater Emphasis with it, as it does exhibit to us the Person by whom this Charge is given; And that is Jehoshaphat, who must not be omitted by us; we may look upon him as considerable of us, under a various Reduplication, and that also very pertinent to the matter and business in hand.  
First, As he was a good Man, and one that did himself take heed what he did, therefore he might the better call upon others to do so: Gild is an obstruction to Duty, and especially to good Counsel, both in the performance, and also in the success. But those who are themselves careful and exact in their own Conversation, they may with the greater freedom and confidence advise others; and their advice will from thence prove to be the more effectual.  
Secondly, As he was a great Man, and one that had the command of them: He was a King, and where the word of a King is, there is power, Eccles. 8.4. Not only these Judge's Piety, but their Loyally was concerned in this business. Good Counsel it would not be rejected from the meanest person; but when besides the pressing matter and nature of the things required, there shall be an accession of the Authority of the Magistrate also requiring them, there is a double engagement. As one who may in Christ enjoin that which is convenient, Philemon 8.  
Thirdly, As he was the Person that instituted, and set up these Judges: It was he that gave them their task, that enjoined them, and put them upon this Service. Therefore he thought himself so much the more concerned in their ordering and managing of it. Those that at any time put others into Places of Trust and Public Employment, whether of Magistracy or Ministry, are so much the more engaged in their faithful discharge of them, as they are themselves occasions of them to them, as undertaking them upon their account.  
Fourthly and Lastly, As he was one that had lately received a check from God himself, for his own sinful compliance, in the second verse of this Chapter: He was from hence now so much the more careful to warn and admonish others. Those who have at any time felt the smart of Sin in their own Consciences, will be the more solicitous to keep off their Brethren from falling into the like miscarriages with them, and the ill consequents of them.  
And thus now have ye this whole Text in the several parts and branches of it, both the Preface and the Principal Matter. The Charge which is given, with the Person giving this Charge, and from both together a special engagement upon the Persons to whom it is given: Here's no place for any excuse, or evasion of Duty. They could not plead Ignorance, that they did not know it, for they are here instructed. They could not plead Forgetfulness, that they did not mind it, for they are here admonished: And not only these persons themselves, but all others in the like places with them; they may take these words of the Text as spoken to them, and make use of them. That as I began, so I may end, Take heed what ye do, for ye judge not for Man, but for the Lord, who is with you in the Judgement.  
FINIS.