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are not subject to our charge and care, when we narrowly examine them, when we peremptorily blame them, then do we unduly exalt ourselves above them, and exercise an unwarrantable jurisdiction over them. What sense doth offer, we may receive in; what judgment reason doth extort, we may follow; what testimony public benefit requireth, we may yield; what expression charity doth call for toward our neighbor's edification, we may seasonably vent: but if we proceed farther in this way, the party concerned may appeal from us as incompetent and unlawful judges of his actions or his state; we are arrogant and injurious in presuming to exercise that office. God is the master and judge of men, and without authority from him, we must not presume to judge his servants and subjects: so we are taught by St. Paul, Who,' saith he, art thou that judgest another man's servant? to his own master he standeth or falleth' and St. James, in like manner, on the same ground, expostulateth with the censurer : 'There is,' saith he, " one Lawgiver, who is able to save, or to destroy; who art thou that judgest another?' Our Lord himself for this reason declined intermeddling in the affairs of men; Who,' said he, * made me a judge or divider over you?' And shall we constitute ourselves in the office, shall we seat ourselves on the tribunal, without any commission from God, or call from men? How many judges, if this proviso were observed, would have their quietus! how many censures would be voided hence!

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2. A judge should be free from all prejudices, and all partial affections; especially from those which are disadvantageous to the party in danger to suffer; such as tempt or incline to condemn him; from ill-opinion and ill-will, from anger, envy, revengefulness, contempt, and the like: for he that is possessed with these, is nowise qualified to be a judge; his eyes are blinded, or distorted, or infected with bad tinctures, so that he cannot discern what is right, or that he seeth things represented in the wrong place, and under false colors; his mind is discomposed and disturbed, so that he cannot calmly and steadily apprehend or consider the just state of the case; his will is biassed, and strongly propendeth one way, so that he cannot proceed uprightly in a straight and even course: being not indifferently affected, but concerned on one side, he is become

a party, or an adversary, and thence unfit to be a judge; he hath determined the cause with himself beforehand, so that no place is left to farther discussion or defence; wherefore before such a judge the best cause will fall, the clearest innocence shall not preserve from condemnation. He therefore that will undertake this office must first divest himself of all prejudices, must rid himself of all passions, must purify himself from all corrupt inclinations, taking care not to come with a condemning mind, or a lust to punish the obnoxious party; otherwise a just exception lieth against him, and reasonably his jurisdiction may be declined.

If this rule were put in practice, there would be little censuring; for few come to it with a free and pure mind; few blame their neighbors without some preoccupation of judgment, or some disaffection toward them.

3. A judge should never proceed in judgment without careful examination of the cause, so as well to understand it. Even those, who out of indispensable duty, or by a just power, may call others to account, are yet obliged to be wary, and never to pass sentence without due cognisance of the cause; otherwise they will judge blindly and rashly; they will either decide wrongly, or so truly, that doing it must be imputed not to their virtue, but to their fortune; often they will be mistaken, and it is luck that they are not so always and what plainer iniquity can there be, than that the reputation or real interest of any man should be put to the arbitrement of chance; that he should be defamed, or damnified, not for a certain fault, but from an unhappy lot? As things viewed at a distance appear much different in bigness, shape, and color, from what they are in nature and reality; so if we do not look nearly and narrowly, we shall greatly misapprehend the nature, the degrees, the right characters of things and of persons: then be our pretence to judge never so fair, yet our proceeding is unjust; then if we do unduly invade the place, it will be a great aggravation of our misdemeanor: if of our own head and pleasure we will constitute ourselves judges, yet at least we should act the judge's part, in patiently attending to, and heedfully sifting the cause: if we have not a stomach to hear, if we will not afford the care to mind what may be alleged in favor of the party concerned;

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if we cannot, or will not scan every point and circumstance which may serve to acquit him, or to excuse and extenuate his guilt, why do we undertake to be his judges? why do we engage ourselves into the commission of so palpable injustice; yea, of so disgraceful folly? for he that answereth a matter before he heareth it, it is,' saith the wise man, a folly and shame unto him.' This caution excludeth rash judgment, from which if men would abstain, there would be little censuring; for nothing is more ordinary than for men to do like those of whom St. Jude saith, "Οσα οὐκ οἴδασι βλασφημοῦσι, “ they rail at what they know not;' they censure persons with whom they are not throughly acquainted, they condemn actions whereof they do not clearly ken the reasons; they little weigh the causes and circumstances which urge or force men to do things; they stand at great distance, and yet with great assurance and peremptoriness determine how things are, as if they did see through them, and knew them most exactly.

4. A judge should never pronounce final sentence, but ex allegatis et probatis, on good grounds, after certain proof, and on full conviction. Not any slight conjecture, or thin surmise; any idle report or weak pretence is sufficient to ground a condemnation on; the case should be irrefragably clear and sure before we determine on the worst side: Judge not,' saith our Lord, according to the appearance, but judge righteous judgment.' The Jews, seeing our Lord cure an infirm person on the sabbath day, presently on that semblance condemned him of violating the law; not considering either the sense of the law, or the nature of his performance; and this he termeth unrighteous judgment. Every accusation should be deemed null, until, both as to matter of fact, and in point of right, it be firmly proved true; it sufficeth not to presume it may be so; to say, it seemeth thus, doth not sound like the voice of a judge; otherwise seeing there never is wanting some color of accusation, every action being liable to some suspicion or sinister construction, no innocence could be secure, no person could escape condemnation; the reputation and interest of all men living would continually stand exposed to inevitable danger. It is a rule of equity and humanity, built on plain reason, that rather a nocent person should be permitted to escape,

than an innocent should be constrained to suffer: for the impunity of the one is but an inconvenience, the suffering of the other is wrong the punishment of the guilty yieldeth only a remote probable benefit; the affliction of the blameless involveth a near certain mischief: wherefore it is more prudent and more righteous to absolve a man of whose guilt there are probable arguments, than to condemn any man on bare suspicions. And remarkable it is how God in the law did prescribe the manner of trial and judgment, even in the highest case, and most nearly touching himself, that of idolatry; ' If,' Isaith the law, Deut. xvii. 4. 'it be told thee, and thou hast heard of it, and inquired diligently, and behold it be true, and the thing certain, that such an abomination is wrought in Israel; then shalt thou bring forth that man, or that woman, and shalt stone them.' See what great caution is prescribed, what pregnant evidence is required in such cases; it is not enough that it be reported, or come to our ear; diligent inquiry must be made, it must be found true, it must appear certain, before we may proceed to condemn or execute; it is indeed not fair judgment, but mere calumny to condemn a man before he doth, by sufficient proof, appear guilty.

If this rule were regarded, how many censures would be prevented! For do not men catch at any shadow of a fault? Are they not ready on the least presumption to condemn their neighbor? Doth not any, even the weakest and vainest testimony, any wandering hearsay, or vulgar rumor, serve to ground the most heavy sentences?

5. From hence is plainly consequent, that there are divers causes wholly exempted from our judgment, and which in no case we must pretend to meddle with; such as are the secret thoughts, affections, and purposes of men, not expressed by plain words, nor declared by overt acts; for a capacity of judging doth ever suppose a power of cognisance; and it being impossible for us to reach the knowlege of those things, we cannot therefore pretend to judge of them. As it is the property of God to search the hearts and try the reins, so it is his prerogative to judge concerning the secret motions in them; the which we attempting to do, no less vainly and foolishly than presumptuously and profanely, do encroach on.

This point also being regarded, would prevent innumerable rash judgments; for men commonly do no less dive into the thoughts, and reprehend the inward dispositions and designs of their neighbor, than they do his most apparent and avowed actions; it is almost as ordinary to blame men for the invisible workings of their mind, as for their most visible deportment in conversation.

6. Hence also it is not commonly allowable to judge concerning the state, either present or final, of our neighbor in regard to God; so as to take him for a wicked man, or to denounce reprobation on him: for the state of men is not so much determined by single actions, as by a body of practice, or by a long course and tenor of life, compounded and complicated of actions in number and kind unconceivably various it dependeth not only on external visible behavior, but on the practice of close retirements, and occult motions of soul; on the results of natural temper, on the influence of fortuitous circumstances; on many things indiscernible, inscrutable, and unaccountable to us; the which God alone can perceive and estimate throughly: God seeth not,' as he did himself tell Samuel, as man seeth; for man looketh on the outward appearance, but God looketh on the heart: he searcheth our hearts, and understandeth our thoughts afar off: he compasseth our path, and is acquainted with all our ways: he weigheth our spirits; he knoweth our frame; he numbereth our steps;' he scanneth our designs, and poiseth all our circumstances exactly; he doth penetrate and consider many things transcending our reach, on which the true worth of persons and real merit of actions do depend: he therefore only can well judge of men's state. As a specious outside doth often cover inward hollowness and foulness, so under an unpromising appearance much solidity and sincerity of goodness may lodge; a dirty ground doth often contain good seeds within it: our judgment therefore in such cases is likely, at least in degree, to be fallacious and unjust; and therefore it is fit to supersede it, according to the advice and discourse of St. Paul; ' He that judgeth me is the Lord; therefore judge nothing before the time, until the Lord come; who both will bring to light the hidden things of darkness, and make manifest the counsels of

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