JVDAH'S RESTITUTION. A Sermon preached before the Reverend Judges, Sir Christopher Turner Baron of the Exchequer, and Sir Richard Bernard Sergeant at Law.  
At the Assizes begun at York the 29 of July, 1661.  
By Jos: Hunter Master of Arts and Minister in York.  
YORK, Printed by Alice Broade, 1661.   

To the right Worshipful Sir THOMAS SLINGSBEY, high-sheriff of the County of YORK.  
SIR,  
YOu was pleased to command me out to an Honourable but hard Work, which though slenderly performed by me) yet hath been kindly accepted by you, and earnestly desired by others to be made public: and I am the rather induced to do it, that I might give unto the world a testimony and acknowledgement of that esteem and gratitude, which I own you for your abundant and undeserved Respects to me.  
I confess, you ran a very great hazard, when you made choice of me for such a service: and I might at once both have something lessened your Credit, and quite lost mine own; which perhaps was the expectation of some, who (though they differed in other things) agreed in this: but whether they were disappointed of their expectation or no, your Worship is able to give the fullest account and answer. I have formerly upon the entreaty, and advice of friends, exposed a Sermon of two unto common censure, and if any will be at the pains to compare them with this, they shall find no contradiction, which made me the more willing to adventure this.  
And now that it is put out, if it were worth the owning, there is none hath more right to it than your Self. I desire no more, and I hope you will grant no less than this, that as this Sermon had your Command for its production, so it may have have your Patronage for its preservation. I know it is usual to fill Epistles Dedicatory with the praises of the Person, unto whom the Dedication is directed; but his Majesty hath so much honoured you in preferring you to such a place of Trust & Credit in your Country, and you have so fare honoured your Self in the discharge of it, beyond the expectation of your years, that I need say nothing. I will rather turn my Commendations into Counsel, that you would study so to improve your time, your Abilities, and your experience (ever having before you for your pattern, the Sobriety and reservedness of your honoured Father) that you may still deserve the Royal Favour, be more fit to do God & your Country service, and live long (I do not say to be envied) but if envied, for nothing else, but deserved Honour and Happiness. So prays  
SIR, Your Worship's most humble servant, Josiah Hunter.   
Isaiah 1 chap: 26 verse. 
And I will restore thy Judges as at the first, and thy Counselors as at the beginning: afterward thou shalt be called the City of Righteousness, the faithful City.  
MY Text deserves your more serious attention, because taken out of the Prophecy of Isaiah, which (for the divine matter thereof, 
see Robert's key of the Bible. v. Hieron. sup. Jesch.  mixed with so many flourishes of humane learning) hath ever been of high esteem in the Church.  
Christ (who might be said to preach all Text) yet sometime in his preaching, took a Text out of this Prophet, as you may see Luke 4.17, 18. and this prophecy is quoted oftener in the new Testament, than any other book of the old Testament except the psalms: 
Alsted., in praecog. Theol. lib: 2. c. 122  whether Alstedius himself was at the pains of the observation or no, I know not, but he tells us, that Isaiah is alleged sixty times & the Psalms but sixty four times in the new Testament Amongst the very Ethiopians this Book was in such repute, that the Queen's Eunuch made it (his vade mecum) his companion in his journey, and read the prophet Isaiah in his charion, though he understood him not, Act. 27, 28. and St. Ambrose so highly esteemed & valued this prophecy, that when Augustine wrote to him for his advice, what part of Scripture he should especially read, he advised him to read the prophet Isaiah, as Augustine himself tells us. Lib: confess: 9 ca 5.  
For the dependence of the words, Hyperius his note upon the Text is of good use. It is familiar with the Prophets (saith he) first to declare unto the people their sins, then to threaten punishment, and last of all to let fall some promises of mercy; the first to convince them and beget sorrow; the second, to humble them and work fear; the third, to comfort them & erect hope. This method our prophet observes exactly. For, first he discovers their sins to them from the 2. unto the 24. verse. 2: He denounces judgement against them, 24, 25. ver. 3: He scatters some promises of mercy, 26, 27. verses.  
The state of the Jews (you may conceive) was very much declining & tending to ruin: the gracious God, who always in judgement remembers mercy, promises unto them the provision of a remedy, every way suitable to their malady, a restistution according to their defection, Their defection is noted to be general, in the whole body of the people, ver. 21. How is the faithful City become an harlot, it was full of judgement, righteousness lodged in it, but now murderers: the particular cause of this general defection is noted to be the corruption of their Governors, ver. 23. Thy Princes are rebellious & companions of thiefs, every one loveth gifts & followeth after rewards, they judge not the fatherless, neither doth the cause of the widow come unto them. Now observe, how suitable the remedy in the Text, is to the malady in the context. They were declined, God promiseth, I will restore: the cause of their defection was the infection or corruption of their Rulers; accordingly God promiseth to remove that, by restoring their Judges as at the first, and their Counselours as at the beginning; and now (sublatâ causa tolletur effectus) the faithful City shall be no more called an Harlot or a Sanctuary for murderers, but it shall be called, (as it was wont to be,) the City of righteousness, the faithful City.  
I will a little open the words, and when the shell is broken, it is easier to take out the meat and dress it. And I will restore thy &c. And) that is the Copula, which joins the Text and the precedent verse together, I will turn mine hand upon thee & purely purge away thy dross, and take away all thy tin, and I will restore thy Judges as at the first: you may take notice, how evil Governors are like impure, corrupt and drossy metals, these God would purge away: but because this was in itself but a privative mercy, therefore he adds a positive in the Text, And I will restore thy Judges as at the first.  
I will restore) there is a double restitution; one ex debito, another ex dono. One due, another free. Due restitution is, when having taken away any thing unjustly, 
non remittitur peccatum, nisi resti natur abla●um.  we return it again either in quali or in quanto: and this restitution is very necesearie, for as Augustine saith, without this restitution to men, we can expect no remission from God, for this restitution, Zacheus is famous, Luke 19.8. Free restitution is, when a man hath forfeited his interest in a thing, and he, to whom it is forfeited, is willing out of clemency and bounty, to release the forfeiture & reinstate him again. Such is this restitution promised in the Text, not a Due, but a Free restitution. The Jews had forfeited all their privileges and immunities, and deserved ruin rather than restauration; yet God promised to restore them, and now indeed, that he hath promised, he is become a debtor to his own word, but he was not bound before.  
I will restore thy Judges,) Judges may be taken here, either more largely, or more strictly: more largely, for all sorts of Magistrates. For all Magistrates are in some sense Judges, and frequently so termed in Scripture, (ad denotandam facultatem) to note their Ability, they should be able to judge, or else they are not qualified to be Magistrates; and (ad denotandam potestatem) to note their authority: they have power by their Office to judge (inter deum & reum) between God and the guilty, in matters of sacrilege & blasphemy: (inter Regem & reum) between the King & the guilty, in matters criminal and contrary to the Law of the land: and lastly, (inter meum & tuum) in matters of right & wrong, between party & party, when they are in controversy about any Claim or Title. or  
2: Judges may be taken here more strictly, for such as are lawfully deputed, not only to execute, but also to expound & interpret the Law, and according to that to give sentence. And that there was such an honourable office, wherewith some were especially entrusted among the Jews, is plain enough out of the Scripture. The Arche-type, or first draught of the office of Judges under the supreme Magistrate, you have. Exod. 18: 25. where it is said that Moses (following the advice of jethro) chose men out of all Israel, and they judged the people at all seasons: and now this office being once invented & erected, and by experience found to be of great advantage; we read frequently afterwards in scripture of Judges taken in this strict sense. Particularly, it is said of Jehosaphat 2. Chro. 19.5. He set Judges in the land throughout all the fenced Cities of Judah, City by City. And the Scripture tells us, how Samuel (judge in Israel) used to ride the Circuit every year, 1. Sam. 7.15. Samuel judged Israel all the days of his life, and he went from year to year in Circuit, to Bethel, and Gilgal, and Mizpeh, and judged Israel in all those places, and his return was to Ramah.  
I will restore thy Judges & thy Counselors) who are meant by Counsellors in the Text? Rem eandem bis dicit, 
in come: sup: cap. 1. Jesch.  namijdem sunt Consiliarij, qui Judices: Thus Marlorate. Non denotat duos separatos status, sed tantum geminum officuim. so Ursin & musculus. All Expositors, that I had by me to consult with, do run this way, and conclude that Judges and Counsellors are both the same persons; only here is (duplex nomen) because there is (duplex officium) they have a double Title given them, to note a double duty required of them, which is not only to give judgement (in rebus litigiosis) but also to give Counsel (in rebus arduis) Judges & Counselors are both one here in the text, though not so amongst us: yet this we may safely say, though every Counsellor be not a Judge, yet every judge ought to be a Counsellor, nor is he fit to give judgement, that cannot give Counsel. They do greatly dote, and are deceived (saith Musculus) who think that Commonwealth: can be well governed by simple, good men. As much goodness, and as little guile as you will, 
admodum desipiunt, qui potant Respublicas posse gubernari per viros simplices & bonos. in loc: suprcit:  in Governors; But to the due qualification of a Governor, especially a Judge, it is not sufficient that he be an honest good man, but he must also be a wise & prudent: such were the judges God promised unto Judah, judges that should be Counselors too.  
I will restore thy judges as at the first, & thy Counselors as at the beginning,] there is some small difference amongst Commentators, how fare to extend this, ab initio & in principio. Some are of opinion, that it is to be referred as fare as Moses, Joshua and so along to the time of the judges, whilst, as yet, 
Museul. & Vrsin in come. ut supra.  they had not King. God would restore them such judges as they were, not only for qualities but also for form: and they that are of this opinion, do hold that God here speaks (de rejectione regum & reductione judicum) as though (when he restored Judah) they should no longer be governed by Kings, but by judges, as they were before they had a King: and so indeed it fell out after the Babylonian captivity, and therefore Lyranus thinks the judges, the Text speaks of, were Zerobabel, Nehemiah, Ezra, the Macca bees, and such like.  
But others there are that say (melius referuntur haec ad tempora Davidis) this, 
Marlorase  at the first and in the beginning, is better referred to the times of David, for in his time jerusalem first became famous, both because it was the Seat of the King, and also the Seat of God's Worship: and so God promiseth that he would restore unto the Kingdom of judah, Governors and judges that should be like unto David, Men after his own heart.  
If I might cast in mine own conjecture amongst such learned men, it should be this. We need not much to trouble ourselves in enquiring to what times this should have reference, seeing the simple & genuine meaning of the place is this: I will give unto thee Judges, that shall be able & upright, pious & prudent, that shall help to reduce the state of Judah unto order & establishment, as much as the corrupt judges have brought it near unto ruin & confusion: and the reason why it is said, as at the first, and in the beginning, is to note how very good those Judges (which God would restore them) should be or every thing it is thought to be best in primordiis, in its original, at first, corruptions creep in with time. This therefore, I conceive, may be the sense of the place. I will restore thy judges as at the first, that is, I will restore unto thee very good Judges, Judges of the first impression, judges according to the original, before personal abuses had crept into and mingled themselves with the Office.  
Afterward thou shalt be called, etc. Afterward] not before this restitution: things & persons are to be called, as they are. If Jerusalem be fallen off and degenerated, though she was called before the faithful City, yet now she deserves no better name than harlot: if she be returned & restored again to her primitive integrity, though she was for a time called Harlot, yet now she shall be called again, the City of rihgteousnesse, the faithful City. We must not call darkness light, nor light darkness.  
Thou shalt be called] of God, of the King, 
Isa. 5: 20.  of the people. The City of righteousness] because of the due & impartial administration of justice in thee. The faithful City] Jerusalem was called the faithful City for two reasons; first with reference to God, because they observed and upheld the true worship of God, a great deal more than Samaria or any City of Israel did, who worshipped the Calves that Jeroboam had set up. Secondly, the faithful City with reference to the King, because they kept their Loyalty & Allegiance to the successors of David, whom God had set up, whereas the Cities of Israel revolted from him & rebelled against him under Jeroboam.  
The text thus explained, I will trouble you with no other division than this: it is a gracious promise; of what? of restitution: I will restore. Of whom? of Judges and Counselors: I will restore thy judges and thy Counselors. In what manner? as at the first and as in the beginning. With what success? afterward thou shalt be called, the City of Righteousness, the faithful City.  
Before I enter upon these particulars, I shall speak this by way of introduction. Be not offended, if I do as it is likely I shall this day deceive many of you, in your expectation of two things; and they are Rhetoric and Reflection. For Rhetoric, I know indeed, that modus orationis est auditor: and eloquence should fall from this place, like Zions silver drops, upon the lower ground: but as Moses said once, so do I now, my Lords I am not eloquent, neither have I the tongue of the learned. For reflection perhaps some expect I should handle the Text so; but I am more mindful of his Majesty's Act of Oblivion, which if I should in this place and at this time, 
Job 31.28.  in the least violate, it would be an iniquity (as job speaks in another case) an iniquity to be punished by the judges. This being premised I begin with the first. What it is that is promised? it is a restitution, I will restore.  
Restitution is of a middle nature, between Creation & preservation: it is not so much as Creation, yet it is more than ordinary preservation. The state of judah was not wholly destroyed, therefore there needed not a Creation: yet it was much decayed, therefore there was great need of a Restauration.  
First, Restitution is not so much as Creation. The jews, though much relapsed, yet were not quite ruined, therefore they needed not a creation: their state was like an house, much ruined, yet the the foundation remaining. The Psalmist in one place complains, 
Psal: 82.5.  that all the foundations of the earth were out of course: so it was now with the Jews, all their foundations were unsettled, yet not quite eradicated. There was something to build on, therefore no necessity of a Creation, or a making all things new.  
1. They had their fundamental Government uninterupted; continued under Kings and in the right Line. For Isaiah prophesied in the days of Uzziah, jotham, Ahaz & Hezekiah Kings of Judah, chap: 1. verse 1. All Kings and lawful Heirs to the Crown. Uzziah the lawful Son and heir to Amaziah: jotham Son and heir to Uzziah: Ahaz Son and heir to jotham; and Hezekiah Son and heir to Ahaz. 
Epiph. in vit. prophet.  It is thought indeed, that he prophesied also in the days of Manasseh, and was by his commandment sawn asunder: grant it, yet Manasseh was still the Son and heir of Hezekiah. All this while the Government was not changed, nor the succession interrupted. Here might need a restitution of some such Kings, as David, Solomon, jehosaphat, but none of the Government, for it was not altered.  
2. They retained their fundamental Laws, which God prescribed them by Moses for their Government, as they were a Civil state, that is, those which we call (by way of distinction) judicial Laws. However they did not observe them, yet we read not, that they obliterated them, or made any others contrary to them. defects in the execution of Laws, and perverting of judgement, is a thing so ordinary, that the wise man bids us, we should not wonder at it, 5. Eccles 8. However therefore they might be corrupt in the execution of their Laws, yet they did not subvert them, but still in profession retained them, and had them in reverence, as their MAGNA CHARTA, from the King of heaven.  
3. They still retained the Foundation of their Religion. It cannot be denied, but they borrowed many corrupt mixtures, both from Foreign Nations, and from their next Neighbours & Brethren the idolatrous Israelites, which did very much slain the purity, and darken the lustre of their Religion: but still God owned them for a true Church, and his own Spouse. Though he gave a bill of divorce to Israel, jer. 3: 8. yet we read not of any Bill of divorce he gave to judah.  
Secondly, Restitution is more than ordinary preservation. It requires more skill and power in the Agent, because it supposeth more unfitness and indisposition in the Patient. It is with bodies politic, as it is with Bodies natural; it is easier to preserve them in health and harmony, than it is to restore them, when once a decay or disorder hath fallen upon them. That the jewish State was much decayed, is plain enough. Their Princes and Governors very corrupt, so far disloyal, that they were rebellious, and so far degenerate, that they were companions of Thiefs. Their Laws in being, but not in force, notoriously violated by the people, and perverted by the judges, insomuch that our Prophet saith, chap 59 v: 14. judgement was turned back ward, and justice stood afar off; Truth was fallen in the street and equity could not enter. Their Religion also was horiblie defiled, by a corrupt mixture of idolatrous inventions with it, especially in their divine worship: not only Israel played the Harlot, but Judah also, so much, as if she would outstrip Israel in spiritual whoredom, as you may see Jer: 3.9, 10. Here was very great necessity of a Restitution therefore, or else this decay would soon have brought them to destruction.  
But will some say, it is true, Restitution is a greater work than preservation: but the Lord, if he so pleased, might save himself this labour, if he would (as we know he can) preserve a Church or Nation from decays, than he needed not to be at the pains of a Restitution. Why then doth God suffer such decays, consumptions & overturnings to befall a people, when he can prevent them?  
There are two reasons for it, the one is taken from his justice, the other is taken from his Wisdom. The first is taken from his justice: thus it pleaseth him many times to punish the sins of a wanton, unthankful, secure, proud & contentious people. They first break with God, & then God sends breaches upon them. You must consider, that God will not ordinarily work miracles for the preservation of any Nation, but in his common providence lets every thing work in its course, and according to the disposition of second causes. It's no wonder to see an unsound body fall into decay, its true God could preserve it if he would, but he will not work a miracle in crossing natures course: So usually States are unsound and diseased, full of distempers and corrupt humours, before they fall into decay, God could, if he would, heal all; but he will not step out of the way of his ordinary providence: things shall work as they are disposed. He will not work a miracle to preserve a sinful people, but is rather resolved for their many provocations, to send upon them a consunption, and a languishment.  
The second reason is drawn from God's wisdom. He suffers these decays to befall a people. First that they may see and be sensible of their own imprudence. Every wise woman buildeth her house, but the foolish plucketh it down with her hands. Prov: 14. 1. Some such foolish people there are too (though they think themselves wise) who because they dislike something in the building and presume they can easily rear up and reform all again, pluck down a whole Nation. God lets them alone, he knows they will soon be warped in their own folly; and at last they learn that it had been better to have suffered some things, which they conceived amiss, than to have endangered the destruction of the Whole. How doth the foolish woman pluck down her house? she either plucks it down, because she is fickle, and would have her house changed too: or else because she is foolish, and knows not how to govern her house: and thus it falls out often, that because Governors are imprudent, and the people desirous of change, they pluck down a Nation between them. And the wise God suffers it, that at last they may see their own folly.  
2. God in wisdom suffers such decays, to make people more, thankful for their restitution. It is the epidemical disease of Mankind, to take notice of the price of any good, caremdo magis quàm fruendo. Contraries are the best Commentaries one upon another, and their mutual opposition the best exposition. The thunder of the Cannon (the language of war) is the best Rhetoric to commend peace: the horror of darkness, proves the benefit of light to be heavenly: health is then preferred amongst us, when it brings letters of Commendation from sickness: Anarchie is the best foil unto a well-tempered government, whether in Church or State. When a people have found by experience how dangerous defection is, than they wish for, and rejoice in the hopes of a restitution.  
3. God in wisdom suffers such decays, that he may get unto himself a great Name, and more glory, in exercising his divine power & skill, for the recovering of a ruinous Nation. Preservation is bonum optabile, but restitution is bonum mirabile. This it was that magnifyed Christ's cure of the woman, which had the bloody issue, that he healed her suddenly, when she had spent all her estate upon the Physicians, 
Mark 5.25.  and was never the better.  
Now the observation I shall raise from hence, is this, That Restitution is a great mercy to Church or Nation. I will prove it very briefly from the notion importance of the word. Restitution is cordial, it is healing, it is jointing, it is settling, therefore a great blessing. It is Cordial. That which is restaurative, is cordial, and that which is cordial, is restaurative. The whole heart of this Kingdom of Judah, our Prophet tells us, (at the fift verse of this chapter,) The whole heart was faint. great need they had therefore of a Cordial or a Restaurative. The greater their necessity was, the more gracious is the promise.  
2: Restitution is healing. When a man is healed of a Sickness or distemper, then is he said to be restored: so this people were at present in a very Sick and distempered condition: The whole head sick, from the sole of the foot even unto the head, there was no soundness, but wounds, and bruises, and putrified sores; 
verse 5.6.  they had not been closed, neither bound up, neither mollified with ointment. Great need they had therefore of healing and restoring: and still the greater their need, the more gracious the promise.  
3: Restitution is jointing. 6. Gala. 1. If a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness: the word is (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) set in joint, or set the bone that is broken of such an one. The earth and all the inhabitants thereof are dissolved: (saith the Psalmist) I bear up the Pillars of it: Dissolved, that is, discompacted, disjointed. 
Psalm 75.2.  Now when God is pleased to bear up a Nation thus disjointed, it is a great mercy; but much more, when he shall restore it, and joint it again, that it is able in some measure to support in self.  
Lastly, Restitution is settling. Mat: 17: 11. Elias shall first come and restore all things: (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) shall settle or establish all things, and the word signifies properly, to establish, (per collocationem in proprio loco) by restoring things and persons to their proper places. Now ask a man, whose spirits were well-nigh spent, how good a restaurative Cordial is? ask a man, that hath been long sick, it health be not a great mercy? ask a man, that hath broken a leg or an Arm, how good it is to have them safely set? ask one, that hath been banished from his Relations, his habitation, his inheritance, how comfortable it is to be restored to them, and settled in the possession of them again? such a mercy is restitution unto a people, it is Cordial, healing, jointing, settling.  
I will apply this in a few words. 1: For information. What God promised to Judah, he hath in a great measure performed to us. He hath after much fainting, distemper, disjointing and dislocation, granted us a Restitution. He hath restored us our Native and undoubted Sovereign, our ancient Government, both in Church and State, our fundamental Laws, our Liberties, our peace, and (I hope) his own gracious favour with them all. I need not say much of this: a man that hath felt the fire, need not to be told that it is hot; and seeing the advantages which arise from this restitution unto the whole Nation, are so sensible, I need not tell you, how great a mercy it is. Perhaps there are some that think this restitution but a relapse: I intent not to trouble myself to convince them; I pray God restore them also to their right judgements in his due time.  
2: For excitation. One restitution deserves another. Gods (Restituam) should stir us up to think of a (quid retribuam,) what shall I render to the Lord for all his benefits? God's Restitution was free, but ours is due, and so much the more due, because his was free. Hezekiah is blamed for not rendering according to the benefit that he had received, and wrath was threatened to all Judah & Jerusalem for it. 2. Chro: 32.25. Let us therefore (as the Apostle exhorts) 13. Hebr: 15. Offer unto God the sacrifice of praise continually, that is the fruit of our lips, giving thanks to his name. Let us take heed, lest as Philip branded his soldier (that begged the lands of one that had entertained him kindly) with ingratus hospes on his forehead; so God brand not us with the ignominious note of the unthankful Nation.  
3: For Caution, in the words of our Saviour, Ioh: 5.14. Behold, thou art made whole, go thy way and sin no more. Sin is a forfeiture of all. Let none be offended, if I bespeak this honourable Audience in the language of Samuel 1. Sam. 12.24. Fear the Lord & serve him in truth, and with all your hearts; for consider how great things he hath done for you; but if ye shall still do wickedly, ye shall be consumed both ye and your King. So much of the first particular, what it is, that is promised, Restitution; I will restore.  
I come to the second: a restitution, of whom? of Judges and Counselors. Who are meant by Judges & Counselors, I have showed you before. I shall choose now to speak of them, as taken in the stricter sense, and give you this Conclusion; That good Judges are a great blessing to a Nation.  
Now there are several Qualifications required to the Constitution of a good Judge: 1. The good judge is careful, that he act nothing but by Commission from a lawful Power: or else, I know not how he can answer that question, 
Exod. 2 14.  (quis constituit te judicem) who made thee a judge and a Ruler? In our Nation all lawful Authority is derivatively from the King; the potestas judiciaria, the power of judging doth primarily belong to him, it is one of his jura Regalia: a Man therefore must have his Deputation to the Office of judge from him, or else he is an intruder. Submit yourselves to the King as supreme, and to Governors as to them that are sent by him. 1 Pet: 2: 13: if they have not their Mission from him, there is no submission due to them.  
2 The good judge is just and impartial in the distribution of justice. When he puts on his Robes he puts off his relations to any: This is indeed one of the primae qualitates, that constitute a good judge to be no respecter of persons, nor taker of gifts. I have read of a notable story of Canusus, 
Caussin in his holy Court.  who having examined twelve Thiefs, and condemned them, one of them pleaded, that he was extracted from royal blood; it is reason (said the King) some grace should be done to him, let him have the highest gibbet. And Caussin tells us, that in Justinian's times, judges used to take an Oath with a solemn execration; an Oath to maintain Religion and justice according to their power; with this execration, that if they did corruptly, The horror of Cain, 
Gen 4 13.14. 2 King 5.27. Mat. 27.5.  the leprosy of Gehazi, and the portion of Judas might fall upon them. You know what are the things that corrupt men in Office, thy are bribes, every one loveth gifts, and followeth after rewards, 
Prov: 29.4.  is our Prophet's complaint, concerning the corrupt Judges of Judah: and although men keep touch stones to try gold, yet gold certainly is a notable touch stone, 
Mr. Fuller.  whereby to try men. But now as the honest Woman preserves her chastity, so doth the good Judge preserve his integrity, and that is, by giving no encouragement unto any to corrupt him. He despiseth the gain of oppression, and shaketh his hands from holding of bribes. Isa. 33: 15: He will take no bribes himself, and he detests that hypocrisy of the Mendicant Friars, who will touch no money themselves, but have a Boy with a bag to receive it for them.  
3: We will conceive the good Judge (when in the execution of his office) divested of passion, and his mind so clear, that there is nothing to disturb his judgement: and having this command of his affections, he can hear a simple witness speak impertinencies, without impatience; which if duly considered, doth argue a great (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) or strength of mind: the good Judge hath so much judgement, as to consider the Rusticity and homeliness of common people in giving of evidence, that they must be impertinent, before they can be pertinent. But however he exercise thus much patience towards a simple Witness, yet he hath so much prudence, as not to bear it in a professed Pleader: he will not suffer a Lawyer, with multitude of words & questions, in a plain case, to darken the cause, confound the Jury, or puzzle the Witnesses.  
4: The good Judge is Courageous. What need he to fear? when he hath God, and the King, and the Laws, and the testimony of a good Conscience to bear him out, if he do uprightly. It is said of Cato and Fabricius, that the Sun might sooner be stayed or altered in his Race, than they in the course of Justice; it requires a stout spirit, to be thus steady. He had need to be a man of spirit, that must neglect the displeasure and frowns; reject the Letters and Suits of great men; as Judges must do, if they would be as Cato and Fabricius. Had not he need to be a man of courage, that must (as it often falls out with Judges) maintain right against might? had not he need to be of an undaunted spirit, that must turn the wheel over the wicked, withstand the inundation of profaneness, and suppress the Roaring Lads, that fear neither God, nor man? what was it that made Pilate yield to the condemnation of Christ, but his fear? 
John 19.12  if thou let this man go (say they) thou art not Coesars' friend: whereas a Caesar indeed (such an one as our Caesar) accounts it an abomination, either to condemn the Innocent, or to Justify the wicked for a Reward.  
5: The good judge is not delatory. He makes not a Trojan Siege of a suit, but doth what he can to bring it to a speedy issue. He thinks it enough for one party to lose the cause, and therefore endeavours, what he can, to lessen the charges. Lewis the 12th used to say, delatory Justiciaries stretched the leather with their teeth. 
Caussin concerning the practice of justice.  I have read a notable story taken (as my Author saith) out of the Chronicles of Alexandria, concerning one Theodoricke King of the Romans. Juvenalis a widow (having a suit depending in the Court three years, which might have been dispatched in a few days) makes her complaint to the King: he demanded who were her Judges, and sent to them to expedite her Cause, which they did in two days. After they had done, Theodoricke sends for them again (as they thought, to applaud them for their expedition) being come, he asked them what was the reason, they deferred that for three years, which they could dispatch in two days? they made no Apology (that I read of) for their deferring, for it is likely they had none to make: but they said, they had made such speedy dispatch upon his special recommendation. How (said the King) when I put you into Office, did I not consign all Pleas and proceed to you, and particularly those of widows? you deserve death, for spinning out a business three years, which might be drawn to a period in two days: and so commanded both their heads to be smitten off.  
I cannot stand to add colours to every lineament of a good judge. Let it suffice, that I only point at the rest. 6: The good Judge is a special Patron of Widows and Orphans; and therefore takes special cognizance of their actions, for fear there should be any corruption in their Advocates. This is God's high Style, psalm 68: 5: A Father of the fatherless, and a judge of the Widow is God in his holy habitation. For this it was that God was so much incensed against the judges of Judah They judge not the fatherless, neither doth the Cause of the Widow come before them.  
7: Mercy is a necessary qualification of a good Judge. They say a Butcher may not be of the jury for Life & Death, much less should such an one sit as judge. The good judge therefore (so far as he may with safety to his Conscience) remits of the rigour of the Law, especially where indulgence may work amendment. He insults not over Malefactors, with opprobrious and taunting language, be their crimes never so foul: but takes occasion from thence to pity the depraved nature of man, which is subject to such Exorbitances. He pronounces not the sentence of condemnation without great commiseration; and is careful, that they (who are not worthy to live) may by the instruction of some able Minister, be the better fitted to die, that however the flesh be destroyed, the spirit may be saved in the day of the Lord Jesus. 
1 Cor. 5.5.   
8: The good judge is not Gallio-like, 
Acts 18.14.  careless in things that do concern Religion. He considers that his Majesty is Custos utriusque tabulae, and hath by Deputation made him so too.  
Lastly, The good judge is a good Man; One that feareth God, and escheweth evil; of such uprightness & integrity, that his Conversation is exemplary to all inferior Magistrates. One that keeps a judicature within his own breast, and daily tries all his actions in the Court of Conscience. One that makes consciene of his duty towards God, as well as the King, remembering that account he hath to give, ere long, to the judge of all the earth. One that is devout in his Closet, strict in his Family, and thinks himself as honourable, with his Train waiting on him to the Church, as to the Court. In a word one so pious, just, charitable, temperate, and free from vice, that he doth as much good by his example as by his Authority Thus I have shown you who is a good judge: and let none think, that I have extracted this out of Sir Thomas Moore's Utopia, and given you the description of a man, that never was nor ever will be; you may take job for a proof & precedent of all that I have said, job 29: 11:  
Now that judges, that are thus good, must needs be a great blessing to a Nation, is not very necessary to be proved. I know, you have in your own thoughts prevented me, that I need say nothing Both the time and the matter do now require, that I should direct my speech unto you (my Lords & Gentlemen) for whose honour as well as instruction this Exercise is observed: I beseech you therefore, as Paul once did Agrippa, Acts 26: 3: that you would hear me patiently. I confess, I am every way one of the least of the Sons of my Mother, and should scarce have seen your Lordships for the Crowd, had I not been set up in this Sycamore Tree: but now I have the honour not only to be your Spectator, but your Monitour.  
I will only premise two things to that, which I have to say. The first is this, that I speak any thing in this kind, is more because it is become customary, than because I think it necessary. The second is, that determination of the Schoolmen, who say, that an Angel of an inferior Order may inflame, but cannot illuminate an Angel of a superior Order: this is the utmost, that I aim at, to erect your Zeal, I presume not to add to your knowledge. This being premised, I shall dispatch what I have to say, in three Words.  
1 My Lords and Gentlemen, you know what a strict Proclamation his Majesty (out of his Princely piety, not policy) hath set out, against Vicious, Debauched, and Profane Persons: and yet iniquity seems to abound; this calls aloud for your observation and regulation. As I would not have them who have been accounted the King's foes, to slight his promises; so nor those, that are desirous to be reputed his friends, to neglect his precepts. Piety and Loyalty are as consistent, as God and the King; Cursed be he that goes about to set them at variance. I acknowledge indeed, that you see most what with other men's eyes, and cannot punish abuses (unless you see them) without complaint and information from others: yet verily, the profaneness of some men is such, that they declare their sin as Sodom, they hid it not; 
Isa. 3.9.  and what men do not seek to hid, you may see if you will. To pass by drunkenness, swearing and such like, how common is the profanation of the Lordsday: however God may seem to wink at it, yet he takes notice of it, and will not suffer it, that we should so far entrench upon his Royalty, as to make his Day either a day of business, 
see Trap: on John 21 1.  or a day of pleasure. Very strict were they in the observation of this day, in the primitive times: for when the question was put (anon obseruâsti diem dominicum) hast thou observed the Lords day? 
vid. Ignat. Epist 3. ad Magn●s:  the answer was returned, (Christianus sum intermittere non possum) I am a Christian I may not do otherwise. But now nothing more ordinary, than for those that call themselves Christians, to neglect the observation of it. It concerns you that are in Authority, both by your examples and injunctions, to suppress this inundation of impiety; or else it will endanger to bring upon the Nation great wrath. It is true, God hath mercifully, and miraculously restored us, but remember what Ezra once said, Ezra 9.13. After thou hast given us such deliverance as this, should we again break thy Commandments, wouldst thou not be angry with us, till thou hadst consumed us, so that there should be no remnant nor escaping?  
2: My Lords & Gentlemen, you know, what strict Laws we have against Recusants, which the wisdom of his Majesty's Royal Predecessors, and Progenitors, with their Counsels, thought fit to Enact against them; looking on them only as Subjects, because Natives, but otherwise accounting them the most dangerous enemies both to Church and State. And yet it is reported, that some of them are so confident, as to promise unto themselves a toleration; which they could not do, if those Laws were put in execution. My Lords, you know, that such a toleration is contrary to the Laws of the Land: and the reverend Bishops will soon satisfy you, that it is contrary to the Laws of God and this Church. If any of them have done service to his Majesty, or those that were in exile with him, they are sure to be well rewarded; who wisheth that they may not? but we pay them too dear for their Courtesies, if we lay them our Religion in pawn for them; and if their Religion be tolerated, it is to be feared lest in time it may justle out ours. I have read of a prophecy indeed, That Anti-christ should never overcome Venice, nor Paris, nor London; I say Amen to it: yet I should much fear the last, if Recusancy should have a Toleration.  
3: My Lords, you know, what an enemy Schism hath been to the welfare of this Church & Nation, and is still like to be. It concerns your Honours, as you are Counselors, to give your advice in this doubtful and difficult matter. Some, it may be, are of opinion, that as the times produced this distemper, so time must cure it again. I do not say, but this remedy may prove effectual, but I cannot say, that it will: the hazard we run by such protraction is certain, but what the issue of it may be, is uncertain. I do not conceive, that the consideration of this subject, is out of your Lordship's Cognizance: for it is true, if these contentions about Church-matters were only agitated in the Schools and had no influence upon the State, the matter were less, but we see frequently, that Tumults and distractions in the State, arise from hence.  
It is a good way to remove schism, to consider first what indeed Schism is: that is the very subject of the question, and if we err in this we do stumble in limine. Schism seems to me to be, a groundless rending of the Church's Communion, joined with a contempt of the Church's Authority. And therefore I suppose, though a man be in some things dissatisfied (so he give but all due respect and reverence to Ecclesiastical authority) he may be said to be scrupulous or at the most erroneous, but not Schismatical. All I will say more is this, the disease is intricate, it may be superficially, but it will never be sound healed, till a narrow search be made into the nature of it. Thus I have made bold to point out to your Lordships, the three great Troublers of our Israel, Profaneness, Popery, and Schism; which so far as they fall upon the state, require the observation and inspection of you, who are by your Office, Physicians and Ministers of State.  
My Lords: I have no more to add, but to congratulate this Honourable Assembly, and to pray that the Lord of Lords would be a shield to protect you, a Sun to guide you, an exceeding great Reward to honour, comfort and bless you, in all your Counsels, Judgements, Journeys, and Returns. Unto this God, who is one Essence, and three Persons, the King immortal, invisible, the only wise God, be honour and Glory, for ever and ever. Amen.  
FINIS.