Mercy & Judgement. A SERMON, Preached at the Assizes held at LINCOLN; July 15. 1678. By Humphrey Babington, D. D. Rector of Boothby-Painel in the County of LINCOLN. CAMBRIDGE, Printed by John Hayes, Printer to the University; for Henry Dickinson, Bookseller in Cambridge. 1678. Imprimatur. Thomas Holbech Procan. John North. James Duport. Richard Minshull. To the Worshipful THOMAS HARINGTON of Boothby-Painel Esq; High SHERIFF of the County of LINCOLN. SIR, THIS Sermon, which at first was the mere product of your earnest desires, and then (for the greatest part of it,) the subject of your favourable and candid attention at Lincolone; is now by your more earnest importunity, seconded with the powerful request of the Honourable and Reverend Judges; (though not without some timorous, and reasonable reluctancy) presented to your hand. When the Prophet Elijah was taken up into Heaven, there was a double portion of his Spirit conferred upon Elisha, who succeeded him in his Prophetical Office. Had some such (though much inferion) measure of the Learning, Piety, and Spirit of that Right Reverend Father in God, Robert, late Lord-Bishop of Lincoln, been imparted to me, who, by his undeserved favour and choice, had the honour to succeed him (when he was taken up into an higher Orb of the Church, and too soon after, from us, into Heaven) in his care and charge at Boothby-Painel; I should then with more cheerfulness and alacrity, have presumed to publish this discourse; hoping it might find, a little of that acceptance and approbation; which his most excellent Sermons, have justly merited amongst the best of those, that have, for some years past, honoured and enriched our English Nation. But indeed, Sir, I am as far short of him in those his real excellencies, as I am, in time and stature. A very stripling, and puny, to that Man of Parts and Learning. He left me his Rectory, but not his Spirit, either of Teaching, or Ruling: And though I have his Table, Stool, and Candlestick, yet if I thought myself, one jot the more learned for them; I should be no wiser than he was, who (as Lucian reports) that he might be taken for an eminent Philosopher, bought the Earthen Lamp of Epictetus, at no less rate or price than three hundred drachmas. I must therefore acknowledge, I am as unworthy to write after him, as I was to succeed him; and beg your belief, that the great reverence I have for his Name and Memory, and those many obliging encouragements, he vouchsafed me, whilst he lived; have made me more unwilling to appear in public; lest I should derogate any thing, from that name and honour, he hath appropriated to Booth-by-Painel: Where you have an undoubted right, to succeed in the possessions and patronage, of your honoured Father, and that worshipful and excellent Person, Thomas Harington Esquire, your Religious Grandfather; as being the true Heir, not only of his Inheritance, but (which is far better) of his Pious conformity and Loyalty. To him Doctor Sanderson dedicated some of his Sermons, and was most affectionalty esteemed, by him, for them. What protection and favour he vouchsafed to the Right Reverend my Predecessor; I have good hopes you will not deny to his humble successor, and that which he doth now present unto you; especially since both are your own, by a double right or obligation, of desire and service. Not to detain you any longer with this mean address. May the God of Grace and Mercy, replenish both yourself and your truly Pious and Virtuous Consort; with all spiritual and temporal blessings in this life; and Crown you with those which are eternal in the life to come, is the earnest and daily prayer of, Trin. Coll. Sept. 17. 1678. Sr, Your most faithful and obliged Orator, Humphrey Babington. Mercy & Judgement. PSAL. CI. I. I will sing of Mercy and Judgement, unto thee, O Lord will I sing. THIS Psalm presents you with a remarkable example, and pattern of a most excellent Heroical King and Governor. Psal. 78.70. God had advanced his servant David from the sheepfold to the Throne; changed his Crook into a Sceptre; and he who before was but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a shepherd, or feeder of sheep; was made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a feeder, or Ruler of his people. The same word signifies both. He being thus highly exalted, makes it his business, faithfully and wisely to exercise that power, which God had entrusted him with, for the glory of his great Name; the peace and happiness of the Jewish State and Nation; and here we have a short, but an exact essay, or commentary, of his good Rule and Government. Now since he cannot well rule another, who is not Master of himself, nor Govern a City or Kingdom, who cannot order his own Family; King David shows us how skilful and well exercised he was in all these. For here we have first his Ethics or Morals, as to himself. Secondly, his Oeconomics, as to his Family. Thirdly, his Politics, as to his Kingdom. Lastly, his singular piety; as that which completes, perfects, succeeds, and blesseth each of them. First, As to himself, he is careful that his behaviour be discreet and blameless, well knowing that God would come to visit him, i. e. to defend and assist him, if he did well; but to judge and punish him if he did wickedly. Vers. 2. When thou shalt come unto me, I will walk in my house with a perfect heart. He will set no wicked thing, Vers. 3. or word of Belial before his eyes; that is, he will not do, nor speak, nor so much as behold, any thing that is sinful or profane. He also hates the doing of them who turn aside, that is, of such who either are Apostates, and turn aside from the service and worship of the true God, to Idolatry; or else, of such who decline from the rules of Mercy and Judgement, how plausible soever their pretences be. Then secondly as to his Family or Household; He who hath a wicked pernicious head; a froward or crooked heart; a false, slanderous, detracting, a Chald. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lingua tertia. three forked tongue; a proud and lofty look; a light-fingred, pilfering, deceitful hand; such an one he will either cast out, or cut off from it. Thirdly, Having thus settled, and well disposed all things within doors, he than looks abroad, visits and reforms his greater Family the Kingdom; that so it might be happy under his Government. His eyes are upon the faithful of the land, Vers. 6. that they may dwell with him. He who walks in a perfect way shall serve him. And surely such were most fit and likely to do him the best service. These he loves, honours, defends, and prefers to the highest places of business and trust under him. But as for the wicked of the land, those he will destroy early, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the mornings; which may either relate, First, To the time when the Jews were wont to sit in Judgement, and that was commonly in the morning; Jer. 21.12. the fittest season for a business of such concern and moment: or, R.M. Nachm. Gem. San. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Secondly, To the sentence of the Judge, which should proceed from proofs and testimonies, as clear as the day or morning light: or, Lastly, To the speedy, and sudden execution of their Malefactors, which was, for the most part, presently after the sentence of judgement, or condemnation was passed upon them. Fourthly, As for King David's piety, that breathes in every verse of this Psalm; that actuates and informs every part of his Government, whether at home or abroad, the holiness and peace of his Family and people, was his chiefest care and design. Indeed piety is the best policy; the great preserver, and surest prop of all Governments; without which, Policy will, at last, prove but dangerous craft; and power, degenerate into barbarous cruelty. It was reported to the commendation of Themistoeles, that though he could not tune an instrument, yet he could well tune a Commonwealth. Of how much greater commendation must good King David be accounted worthy, who was so excellent at both? For having tuned the Commonwealth of Israel: He than tunes his Harp, and plays or descants the harmony of his Government upon it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I will sing of Mercy and Judgement, viz. of that Mercy and Judgement, with which he Governed his people. Indeed the Chaldee paraphrase gives us another exposition of this verse, as though the Psalmist had meditated, or sung, of God's Mercy and Judgement towards himself: It speaks thus, a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Targ. etc. Whether thou dealest Mercifully with me, or dost Judgement with me, for all, I will sing a Psalm of praise before thee, O Lord. But this reading seems to be contrary to the scope of the Psalm; and therefore is not followed, by many or the most Learned Commentators, whether Jews or Christians, I have yet met with, who take this Psalm, to be a song, or Meditation of holy David's care and piety in Governing himself, his Family, and Kingdom, by enacting good Laws, and distributing rewards and punishments, with such impartial Justice, that holiness and virtue might be encouraged and advanced: but wickedness and vice, chastised and suppressed. Before the use of Letters was found out, the ancient Grecks were wont to sing their Laws; which therefore were called a Arist. Prob. Sect. 19 Quaest. 28. Nec ante cantare destitit quàm inchoatum absolveret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suct. Nero. c. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as signifying both Laws and songs. So did the Bards and Druids, who were an ancient Order of Priests and Poets in this Nation. The Philosopher gives us the reason of this use or custom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that men might not forget them. Indeed Music and Song, are a most sweet and effectual way, of conveying to the minds and memories of men, what they should both understand, and practise. How often doth the Royal Psalmist, Psal. 20.7.22.27.31.97.12.78.7.35.105.5. Psal. 106.7. sing of the divine Laws of God, in holy numbers; that they might be had in remembrance? How often doth his sweet, and harmonious notes, charm and compose the wild affections of sinful men; and soften their hard and stubborn hearts, to a willing submission unto those Laws. With such Music, or with such a Song of Mercy and Judgement as this, (it may well be supposed) he had before quieted the distemper of King Saul; and dispossessed him of his evil spirit: a spirit (as all such wicked ones are) full of presumption, and despair. Judgement, was fit to allay presumption; and Mercy to drive away despair. I will sing of Mercy and Judgement. This song consists of two parts, the highest or Cantus; and the lowest or Bassus. Mercy is the highest part, for it reacheth, or riseth, as high as heaven itself. 1 King. 19.12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Sept. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A small soft voice, like to that by which God manifested himself to the Prophet Elijah. Judgement is the lowest part, Psal. 36.6. for it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a great deep; reaching as low as hell; and making a deep solemn sound, like the Angels last Trumpet. David most skilfully accords these two together, and so makes perfect harmony. Had he sung only of Mercy, though the ditty might have been very sweet and pleasant, yet it would not have been full, and perfect. Or had he sung of Judgement alone, the ground (though solemn and grave) would have been but harsh and doleful: Mercy slatts, and softens Judgement; and Judgement, excites, and sharpens Mercy. These sharps and flatts make the best music, the excellent composition of both which in the Text will be well worth your attention. Mercy, and Judgement; are the harmony of the Universs; the two Poles upon which the world turns; and those musical spheres, which tune and time the praises of the Almighty Creator, who made all things a Wisd. 11.20. in number weight and measure; the three well known proportions of order, pulchritude and harmony. Mercy and Judgement, are the brightest constellations in the firmament of dominion and Government; The stability and strength of David's Person and Throne. b 1 King. 1.44. 2 Sam. 8.18. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Liberatores, à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Excisores, à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Burgens. The Pelethites and Cherethites which were appointed for his Royal Guard. The Office of the Pelethites, as may be presumed from their names, was to defend and free the innocent; But the Office of Cherethites, to cut off, and destroy the guilty. Mercy and Judgement the two Testaments; mount Zion, and mount Sinai; mount Gerizim, and mount Ebal; the one for blessing and the other for cursing. Mercy and Judgement, Zech. 11.7. Zechariah's two staves, Beauty and Bands, the one to support and comfort, the other to chastise and punish. Mercy and Judgement; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nazian. that admirable pair of Sister virtues; which are as benign, and propitious to a good Ruler; as Castor and Pollux (those twin-brother Stars) are feigned to be to a fearful Mariner: who when they appear together, betoken a speedy and prosperous voyage; but when they come single, portend nothing but storms and loss: so Mercy and Judgement, when they go hand in hand together, betoken a good and happy government: for when Mercy and truth meet together, Psal. 85.10. then Righteousness and peace kiss each other. But where they are alone, or single; either only Mercy, or only Judgement; there is nothing but confusion and mischief. Mercy without Judgement is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 indeed; but in the second or worse signification, that is reproach or injury; or (if you will) foolish pity, which destroys more than it saves, a Sen. de Clem. Lib. 1. c. 2. Omnibus ignoscere, crudelius est quàm nulli. And Judgement without Mercy, is no better than inhuman, and brutishcruelty. The Jews have well observed, that God governs the world by a twofold 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or propriety, Targum. that is to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a propriety of Mercy, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a propriety of Judgement. These God hath joined together in the Government of the world; and therefore let no man separate them. His government is the best, which David was resolved to imitate; and how exact He was in the composition of Mercy and Judgement, for the happiness and prosperity of his Kingdom, is sufficiently made known unto us, in holy Writ. Yet there is one Nich. Matchiavell, that Florentine Politician, who in his Book Il Principe, represents Holy David, as a Tyrant, and compares him with Philip of Macedon, who was no better. For which profane boldness, (amongst other dangerous and immemorable errors) he is (not without cause) censured by Lorinus, Fitz-herbert, and other Writers. But if I do not mistake the Politician, he rather acquaints us, what use Caesar Borgia made of David's failings, to palliate and excuse his monstrous and abominable villainies; than accuseth that good King, of Tyranny or Misgovernment. 'Tis well known how apt wicked men are to draw the failings of God's children into example and practice, but they will not imitate them in their repentance. Ambr. Apol. David. Lib. 1. c. 4. Peccavit David quod solent Reges, sed poenitentiam gessit, flevit, quod non solent Reges, etc. If David sinned like a King, he also repent like a King. Great crimes require great contrition, a troubled spirit, a broken heart, which holy David is most remarkable for; witness Psalm 51; which he composed that it might remain a public and perpetual testimony of his true, and unfeigned repentance. And let all the Caesars of the world make what use they can of his Errors, he hath set them here such a pattern of good, and wise Government; that did they (or could they) but imitate him, they would not be Borgia, i. e. Tyrants. As for these words of the Text, Mercy and Judgement; they must neither be divided, nor separated, as you have heard. I shall therefore only treat of them, as the harmonious parts of King David's Government; and a most proper subject for this occasion. First of Mercy, which indeed deserves the first place; because there is no virtue more noble, or more becoming the nature of Man, than Mercy; a Nec vilâ re propiùs homines ad Deum accedunt quàm salute hominibus dandâ. Cic. pro Ligar. neither doth he resemble God himself, in any thing more, than by showing Mercy, and pity. b Luk. 6.36. Be ye merciful as your heavenly Father also is merciful. God is good unto all, Psal. 145.9. and his tender Mercies are over all his works: Now Judgement is one of them; though it be his strange work and his strange act, Isa. 28.21. as the Prophet Isaiah emphatically notes. By which we may observe, that Judgement is opus alienum à naturâ suâ, a work not agreeable with his nature; Lam. 3.33. S. Jam. 2.13. that he doth not afflict willingly, nor grieve the children of men. And therefore Mercy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, rejoiceth over Judgement, like a conqueror; leads Judgement captive, which follows her triumphant Chariot, bound with Adamantine Chains, disarmed both of Lance, and Sword. As Mercy hath the pre-eminence, the first and chiefest place, amongst the works, and attributes of God; so ought it to have the first, and chiefest place, in the nature, and actions of men; Especially in the great affairs and concerns of the chief Magistrate, who is God's Representative. He (if any) should be plenteous in Mercy; by which he will not only gain, but force the love and obedience of his subjects; and not so much rule over them, as in them, that is, in their hearts; a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Bias. and they will not so much fear him, as fear for him; and be in pain, lest some unhappy mischief or disaster should snatch him away from their Government. For what Loyal subject, would not much rather spend his dearest blood and life; than that his merciful and gracious Prince should be in danger, or miscarry? Further, by Mercy he obtains true honour, and glory; and provides for his own safety, and the security of his people. Mercy was accounted a Goddess at Athens, had her altar and image; challenged the knee, (as dedicated unto her) which she vouchsafed her suppliants to touch. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Photion. And there it was accounted as great sacrilege, to take Mercy from humane nature; as to steal an Altar from the Temple. It was therefore a strange ill natured principle, or paradox of the Stoics; c Diog. Laert. Zeno. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ibid. who taught 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that merciful men were fools; that it is difficult to be merciful and wise; a Neminent misericordem esse nisi stultum & levem. Cic pro Mur. that Mercy is but the imperfection of a weak mind. They grant indeed, that it is the part of a wise man to secure and relieve the necessities and indigencies of those who are in want; but at no hand to pity them, because (forsooth) he must not suffer any perturbation, or trouble in his affections. But Cicero informs us that Philosophers of more moderate principles, than the Stoics were, and as wise, did acknowledge, a good man should be both merciful and gracious; and that he who is without pity and compassion, deserves not the name of a man, but a Monster; and is no better than some wild, or ravenous Brute. However, Stoicism must not be the Rule or Measure of Christianity; nor are we to learn, or judge of Mercy, from b Illud satis est ad coarguendum hominis errorem quod inter vitia & morbos misericordiam posuit. Lact. Inst. Lib, 3. c. 22. Zeno's Porch, but from Christ's School. A Christian without Bowels is a contradiction in the Adject. † Coll. 3.12. We are commanded to put on bowels of mercy, these we are to put on, and wear, as our richest robes, and ornaments. Our Blessed Saviour took our nature upon him, that he might be sensible of our infirmities, and a compassionate Mediator. How merciful he was when he espoused our misery, and satisfied for our sins; is beyond all example, or imitation. Yet he hath left us a Precept and Pattern, Matth. 5.7. which we should diligently express, and follow; and hath assured us, that if we be mercifnll we shall obtain mercy; Jam. 2.12. but he shall have judgement without mercy who shown no mercy. This word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies both piety, and pity. Mercy which consists of both, is a sacred affection and compassion of the soul, whereby we are moved to do good: Or else it may be defined, c Clem. Alex. Strom. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Rhet. Lib. 2. c. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a sorrow for a person who suffers wrongfully: suffering innocency is the proper object of mercy; for no man pities a Traitor, or Murderer, when he is deservedly punished. Saint August thus defines it. a De Civit. Dei. Lib. 9 Cap. 5. Misericordia est aegritudo ex miscriâ alterius, injuriâ laborantis. Cic. Tus. 4. Misericordia est alienae miseriae in cord nostro compassio. Mercy is that compassion, we have in our hearts for another's misery. Thus have we briefly seen the nature of this excellent virtue, described unto us; and are informed how it softens and calms our spirits, and tempers them, to a compassionate sense and feeling of our brethren's misery. But as mercy respects the public, and is concerned with the great affairs of the supreme Magistrate in his Government, so it exerts and shows itself in these following particulars. First in constituting, and making, good and wholesome Laws. Nothing is more necessary in the world than good Laws. Deut. 33.4. They are the inheritance of God's people. Moses commanded a law, the inheritance, or possession of the congregation of Jacob. An inheritance is that which men commonly much esteem and value; and so they should good Laws. Now if the Law be our inheritance? then as good no inheritance as no Law: For what will our inheritance profit us, when there is no Law to secure us in the possession of it? Mercy was the first, and best Lawmaker; for the Law of nature, antecedent to all positive Laws, was made by mercy; and then justice and judgement followed, as necessary, for the due execution of that Law. The design of mercy in making Laws, is the common good of mankind; not only to defend the bodies and estates of men, from destruction, plunder and violence, but their minds and souls from ignorance, error, atheism, evil customs, debaucheries, and all profaneness. Mercy's Law, will teach the ignorant; reduce the erroneous; admonish the negligent; quicken the remiss, and slow; resolve the doubtful, and scrupulous; strengthen the weak; and confirm the strong. Then is a Magistrate merciful, when he enacts good Laws, for the maintenance of true Religion and virtue; when he honours them who honour God, and whom God will honour; when he provides, and allows of such means and helps, as are necessary for the increase, and encouragement, of faithful and able men, to do him service both in Church and State. This mercy will certainly, support, and establish his Throne, make his Government prosperous, and preserve his people in peace and safety. Secondly, Mercy takes care that her Laws be but few, or (at most) not too many. Laws are the Medicines of a State; the fewer, and simpler (I mean without mixture) such medicines are, the better. There is much danger (you know) in too much Physic, and so there is in too many Laws. The whole Moral-law is contained in Ten Precepts; and those Ten are by our Saviour reduced to Two; a Matth. 22.37, 38. the love of God, and the love of our Neighbour. Zalcucus the Locrian Lawgiver (as Strabo writes) made but few laws; which his successors (either by too much subtlety, or folly,) augmented to such a multitude, that they became more numerous than good; so many, that they could not be read; and so obscure, that they could not be understood. a Corruptissimâ Repub. plurimae Leges. Tac. An. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato. Ut olim flagitiis, sic nunc Legibus laborari. An. 4. Such a superfoetation of Laws is an evident sign of some corrupt distempers and manners in the body politic. Too many Laws, beget too many Suits, Actions, Plead; with much strife, debate, contention. For what Cause can be so clear, and good; which may not be obscured, and baffled by the clashing, and interfering of divers Laws? This made Tacitus complain, that whereas Rome (not long before his time) did abound with many wicked and detestable vices; it was then pestered with more mischievous and unnecessary Laws; which proved a remedy far worse than the disease. Therefore the Magistrate should be advised to take care, lest his Government which is established by Laws, be not overthrown, by their unreasonable number, or multitude. Thirdly, Mercy endeavours to cut off, and shorten all tedious long-delayed Suits, and Plead. These are the reproaches of all Laws. Short injustice is better than long justice, saith the Persian Proverb. And a poor Client is more injured by the subtle delays, and falsehood of a perfidious Advocate; than by the oppression, or malice of his cruel Adversary. There is nothing now more common than to spin out Causes, and to frustrate the just proceed of the Law; but all such delays are no better than Concessum latrocinium. Lips. Pol. And I pray, which are the worst thiefs? Those that rob a Traveller by the King's highway? Or they who pervert the Cause of their Clients before the Judge; and pick their pockets at the King's Bar and Tribunal? Fourthly, Mercy designs, by her Laws to defend, and relieve the oppressed; to vindicate the righteous innocent person, from the power, and malice of his unjust Adversary. By the wise care and providence of Almighty God, Mercy has not wanted in all ages, some excellent Orators and Advocates to plead and defend the Cause of her innocent Clients. How famous were both Athens and Rome, for such Oracles of Law and Justice? And still mercy takes care, and endeavours (especially in all Christian States) that her Magistrates, and Judges, should be men of ability and truth, Exod. 18.21. fearing God and hating Covetousness. Her Patrons and Advocates, men of honour and integrity, as well as Learning and Eloquence. That her Witnesses be of known fidelity and justice; without all suspicion of malice, envy, or partiality: Prov. 19.28. for an ungodly witness scorneth judgement: That her Juries be discreet, merciful men; well instructed, and skilful in the Laws; and not made up of such, as can hardly tell the difference, or meaning of these two words, Plaintiff and Defendant. If the Cause of a persecuted innocent, be not examined, and determined by such worthy and judicious Patriots, men so well qualified, and disposed as these; it may soon miscarry. But the God of mercy be thanked; neither Athens nor Rome in the height of all their flourish; could boast of more able, generous, upright, and eloquent, Judges, Orators, and Lawyers; than our Nation doth at this present enjoy: who can, and do daily snatch the innocent Prey, from the devouring jaws of a powerful Adversary, and may they still long be continued unto us. Fifthly, Mercy will (if need be) mitigate the rigour, of some severe, yet necessary, laws. 'Tis reason that in some particular cases, the Law should be severe; 1 Tim. 1.9.10, etc. because it was not made for the righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers, and murderers of mothers, for manslayers, and such like, as the Apostle there further mentions. Now what man can deny but that such Offenders, as these should suffer condign punishment? Or what 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, can be hoped for, by such lawless Criminals? Yet because that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or summum jus, that extremity, or rigour of the Law, is not always necessary, no, nor sometimes safe; and because there is no Tenedia bipennis in mercy's court; therefore mercy makes intercession, and deprecates; First, That the sentence of the Law be not too a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Estote tardi in judicio Per. Avoth. c. 1. suddenly executed upon such Malefactors, Mercy would have all justice done unto them, before it be done upon them. And though the Law may require speedy execution, yet mercy pleads; b Nulla unquam de morte hominis cunctatio longa. Juven. that the Magistrate in such a business of moment, as the death of a man is, should not fear the blame, of convenient, or reasonable slackness. That although the bodies of such Criminals be sentenced, and consigned, to a deserved punishment; yet some care ought to be taken for their souls; and some convenient time allowed them for ghostly advice, and counsel, that so (if possible) they may be brought to a due, and true sense of their sin and misery; and receive that charitable Office, which the Church has appointed for persons in their condition. Secondly, Mercy mediates, that the sentence of condemnation may be mitigated, as to the kind, or manner of death which the Malefactor is to suffer. And it is some mercy if it be neither so painful, or shameful, as the Malefactor deserves. Thus mercy would mitigate the rigour of some severe, yet necessary Laws. Lastly, Mercy designs not the punishment, but the reformation of Offenders. All penal censures are either First, For the amendment of such as transgress the Law. Or, Secondly, For their just satisfaction, and reparation, who are injured. Or, Thirdly, For a discouraging example to others, lest they fall into the same condemnation. Lastly, For the peace, and utility of the Nation. Now if all these may be effected without the death of the Malefactor, mercy has obtained her desired end. Therefore mercy abhors to be like Abimelech in making Bramble, and scratching Laws, to rend and tear the flesh of her subjects; or with Draco to write her Laws in blood; or with Domitian to wove subtil-poysonous-spider laws, to catch only poor silly flies, (the weaker and more feeble sort of Offenders) and then to stab, and tyrannize over them, like an Emperor: for which noble exploit, he deserved (no doubt) as famous a Triumph at Rome; as his predecessor Caligula required, for conquering the Belgic Cockles. Mercy hates the * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Suet. Calig. c. 30. Barbarous cruelty of that bloody Monster, who in punishing his Offenders, would have them so tormented, or handled, Ut sentirent se mori, That they might feel their deaths. To delight in such inhuman butcheries, is abominable; and he is no better than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Cannibal Tyrant, Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. who either acts, or commands them. 'Tis the chief end of mercy's Laws to destroy vices, but preserve men. In doing this the Magistrate imitates God himself: who delights not in the death of a sinner, Ezech. 33.11. but rather that he should turn from his wickedness and live. Therefore mercy would incline the Magistrate to a reasonable, judicious Lenity; that so vice may be corrected, but life preserved. Yet notwithstanding; if after all her indulgence and pity; those Cuncta prius tentanda; she finds some Malefactors to be incorrigible and past cure; then — Immedicabile vulnus, Ovid. Met. Lib. 1. Ense recidendum est, nè pars sincera trahatur. she compassionately grants they should be cut off: lest the peace, and safety of her innocent favourite's should be endangered. Which brings me to the second or lowest part of King David's Song, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Judgement, which I call the Basso or ground of his well ordered Government. For though the Song of Mercy may be sweet and pleasant, yet there can be no good descant without Judgement. This composed with mercy, makes the harmony of his government complete, and perfect. In treating of this part of David's Song, I shall briefly present these particulars to your consideration. First, The meaning, or signification of this word Judgement. Secondly, The great necessity of it, in all Governments. Thirdly, What is required to the due Administration, or Execution of this judgement. Fourthly, Those great blessings and benefits, which will certainly follow the due Administration, and Execution of it. First, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judgement signifies that Government, Rule, Authority, and Power, with which the suprem Magistrate is invested, or inaugurated. Hence the first Rulers amongst the Jews (next after their Lawgiver Moses and his successor, Joshuah) were called a A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from which root, the ancient Punic word Sufes the chief Magistrate in Carthage is also derived. Vos. Etym. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judges. Judgement has its Thrones, b Psal. 122.5. even the thrones of the house of David; now c 2 Sam. 8.16. David reigned over all Israel; and executed judgement and justice to all his people. So we read of Messiah the son of David. d St Joh. 5.22, 27. The Father judgeth no man, but hath committed all judgement to the Son; and hath given him authority to execute judgement, because he is the Son of man. This is called judgement of jurisdiction, that is, that authority by which men are governed. Secondly, It signifies that Wisdom and Knowledge by which the Magistrate discerns, and determins that which is just, or unjust. e Arist. Eth. Lib. 4. That 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Science, or Skill, not only of making, but interpreting Laws. Psal. 72.1. This is that judgement which David prays for his Son Solomon. Give the king thy judgements O Lord, and thy righteousness to the king's son; that is, f Dr Ham. O Lord, I beseech thee, to pour out upon Solomon my Son, all the royal virtues, and skill in Government, and all manner of justice and goodness, in the administration of so sublime an Office. 1 Kings 3, 9 And that which Solomon prays for himself. Give thy servant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an hearing obedient heart, (which from the Chaldee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our Translation renders an understanding heart) to judge thy people, Isa. 28.5.6. and to discern between good and bad. This understanding heart is called the spirit of judgement. In that day the Lord shall be for a spirit of judgement to him that sitteth in judgement. Thirdly, It signifies any Law, Decree, or Sanction, which is made by the supreme Magistrate; and which is the rule, and measure of the obedience of his subjects. These are the judgements thou shalt set before them; Exod. 21.1. the Statutes, and Judgements I have commanded my people. Fourthly, Judgement signifies any judicial cause, controversy, or matter; that is brought before the Magistrate. Thou shalt not pervert the judgement of the stranger, Deut. 24.17. and the fatherless, that is, the cause of the stranger and the fatherless. Deut. 27.19. Psal. 140.12. Cursed is he that perverteth the judgement of the stranger and fatherless: I know the Lord will maintain the judgement of the afflicted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the cause of the poor. Fifthly, It signifieth that definitive sentence, or award, which the Magistrate passeth upon a matter, or cause so brought before him. 1 Kings 3.28. And all Israel heard of the judgement, i.e. the sentence, which the king had judged; and they feared the king, for they saw that the wisdom of God was in him to do judgement. Lastly, It signifies the due execution of that sentence so given; whether it be for the rewarding of the just and innocent; or the punishment of the wicked and evil doers. a Ezra. 7.26. And whosoever will not do the law of thy God, and the law of the king, let judgement be executed speedily upon him; whether it be unto b Deut. 21.22. death, or to banishment, or to consiscation of goods, or to imprisonment. So that under this one word judgement, is contained the whole process of the Law, from the first to the last. And we may further observe, that when ever these two words, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Judgement and Justice, are joined together in holy writ; by Judgement that part of the Law is understood, whereby notorious Malefactors, are punished: and by Justice, that part, by which, the good and innocent, are defended, from the violence and oppression of wicked men; both which are the Office of the Magistrate: and so much for the signification of the word. The second thing to be considered, is the great necessity of this Judgement in all Governments. Judgement is an act of Justice, not only lawful, but laudable, and necessary: For without judgement and justice there can be no society. These are the bonds of all communities, which knit, and keep the members of the Body-politic together; making them obedient, and serviceable to their Head: That such as will not be persuaded and alured by the sweet voice of Mercy, should be awed and terrified, by the severe and harsher voice of Judgement. Impunity is a great temptation to villainy. Remotâ justitiâ quid sunt regna nisi magna latrocinia? S. Aug. the civet. Dei. Lib. 4. c. 4. Without justice and judgement; what are kingdoms but so many dens of thiefs and robbers? When Alexander the Great, had taken a pitiful poor Pirate, who was the Master but of one small Ship, or Vessel; and had asked him, why he troubled the Sea? The Pirate, with an undaunted confidence, answers his question by another, Why he troubled the World? And whether it was not as lawful for him, to rob with his one little Ship; as it was for him to plunder, and spoil the world, with his great Navy? Here indeed lay the difference. He who had but one small Vessel was a Pirate; but He who had a great Navy, was a famous Conqueror, and a most renowned high and mighty Monarch. Thus small misdeeds and peity Larcinies, which are committed by mean or single persons, are taken for capital, and heinous crimes: He that steals a few sheep, horses, or cows, must reckon for them at the Gallows. Poor Rogues must be made examples of; and let them suffer as they have deserved. But Prodigious Villainies, Murders, Rapes, Sacking and burning of Cities; destroying, and laying waist whole Countries; torrents of Christian blood, spilled for the bare satisfaction of pride or lust; with all those horrid, unspeakable mischiefs, which are the cursed effects of ambition, war, and cruelty; must lose their names, forsooth, commence virtues, and glorious conquests; and (which is worst of all,) obtain impunity, because abetted by power, and multitude. If Great Alexander was— Terrarum fatale malum, fulmenque quod omnes Percuteret populos, pariterque & sidus iniquum Gentibus.— Luean. Phar. 10. Earth's fatal mischief, lightning dire, which rend All People, and a Star malevolent To Nations— 'Tis sadly to be lamented that any king who entitles himself Christian, should account it his honour or glory to imitate Him. What a mischievous bloody Comet, has for some years struck terror into our Neighbour Nations, threatening them with Ruin and Destruction? God grant we may escape that danger it portends, and in mercy to Christendom dissipate its fatal influence. In the mean time. Where is Judgement? Where is Justice? Alas our Neighbours only know the good of them by their want: — Et virgo caede madentes Ovid. Met. Lib. 1. Isa. 5.7. Ultima Coelestûm terras Astraea reliquit. They look for judgement, but behold oppression, for righteousness, but behold a cry. Judgement and Justice would rid the world of Tyranny, War, and confusion; of the greatest and most powerful Thiefs and Malefactors; without which neither our Religion, Lives, nor Possessions can be safe. In brief, Judgement and Justice are so necessary that (as the Orator speaks) Malefactors themselves cannot live without them; and this benefit they have by them, De Off. Lib. 1. that they are reserved to a fair-legal-trial; that they are prevented in their wicked courses, and restrained from the commission of more nefarious crimes. It is not cruelty, but necessity, and right reason, to cut off that member from the body, which would corrupt it. Thirdly, We are to consider what is required to the due administration of this Judgement. Which is a copious subject, the very life and soul of Government, about which Politicians have writ whole Volumes. But it may suffice for the present, to acquaint you with three things, which seem to be most requisite, for the exercise of true Judgement. 1. Lawful Authority. 2. Justice and Equity. 3. Prudence. First, Lawful Authority; Without which all Judgement is but mere usurpation; and the execution of a Malefactor no better than murder. That Authority which makes the law, must execute the law; and as the law cannot be made without Lawful Authority; so neither can it be executed without Lawful Authority. In this case, a Matth. 26.25. He that takes the sword, shall perish by the sword. b Ro. 12.19. Vengeance belongs to God, and the supreme Magistrate, who is his representative; no man therefore aught to avenge himself, or to usurp the Office of a Judge, without lawful Authority, or a just deputation from God, or his Vicegerent. He who thus offends is c 1 Pet. 4.15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a busybody in other men's matters, sinneth both against God and against his neighbour. If he suffer for this bold usurpation, Exod. 2.14. he may thank himself, and remember that sharp repoof, Who made thee (being but a private man) a ruler and judge over us? Secondly, Justice and equity, are necessary to the due execution of judgement: without which judgement is but perverse and corrupt. There have been some, (and still are) who turn judgement into wormwood and gall— and the fruits of righteousness (that is justice) into Aconite or Hemlock. Amos 5.7.6.12. This perversion of judgement is bitter and deadly. Now judgement may be perverted either, Anselmus de similitude. First by fear, Secondly by covetousness, Thirdly by inordinate love and partiality. Lastly by hatred. First by fear, which (as the Author of the Book of Wisdom writeth) is nothing else, Wisd. 17.12. but the betraying of the succours, which reason offereth; and makes men degenerate into poor, timorous, falsehearted Animals. A coward can neither be wise nor just, but will at once condemn himself, and betray the cause of the innocent. Therefore the Magistrate or Judge, must be courageous and stout; not fearing the faces of men. He is in the place of God, 2 Chron. 19.6. and judgeth for God, who will defend him; why then should he be afraid, of a man that shall die, Isa. 51.12. or of the son of man who shall be made as grass? Fiat justitia, ruat mundus, the world should sooner be turned into its first Chaos, and confusion, than a Magistrate or Judge from his courage and conscience. Secondly, by covetousness. A fordid vice, neither becoming the person, nor place of a Judge; he must scorn a bribe, ( a 2 Pet. 2.15. that wages, or reward, of iniquity) b Deut. 16.19. For a gift will blind the eyes of the wise, and pervert the words of the just. The love of money is the root of all evil, which while some have coveted after, they have erred from the faith; and then (by very good consequence) from judgement and justice, the inseparable companions of faith and a good conscience. It is reported to the perpetual shame of Demosthenes, by a Noct. Alt. Lib. 11. c. 9 A. Gellius, that when he should have pleaded the cause of the Athenians, against the Milesians, he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and took a bribe to hold his peace. He pretended indeed some disease or squincy in his throat; and therefore came muzzled into the court; but, (as a witty Greek told him) it was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not the squincy, but the gold, in his throat, that stopped his mouth. There was Bos in linguâ, as the Proverb is. In good earnest, righteous judgement, and a bribe, will no more agree together in the same mouth; than God, and Mammon, in the same service and worship. Thirdly, Judgement may be perverted, by love and partiality. Leges carent affectibus. Justice is represented unto us in picture, with a veil over her eyes, to signify that both justice, and judgement, should be administered, without favour or affection. Exuit personam judicis, quisquis amicum induit. So that a judge must not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, b Levit. 19.15. a respecter of the persons of men; either by honouring the persons of the mighty, or pitying the faces of the poor: because c Prov. 18.5. it is not good to accept the persons of the wicked; or to overthrow the righteous in judgement. Not good? No, there is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to teach us that it is abominable, and pernicious. God himself complains of it. d Ps. 82.2. How long will ye judge unjustly, and accept the persons of the wicked? It seems by this how long, that God is wearied and grieved with such kind of judgement. Hence good King Jehoshaphat (according to his name, the Lord Judgeth) thus strictly chargeth his judges. e 2 Chron. 19.6, 7. Take heed what ye do, for ye judge not for man, but for the Lord, who is with you in the judgement. e 2 Chron. 19.6, 7. 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. Lastly, judgement may be perverted by hatred. Now hatred is opposed to that charitable pity, and compassion, which should be in one man towards another; more especially in the chief Magistrate, or his representative the Judge. For he is the head of the body Politic; and who ever hated his own body, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ho. Odies. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. or any member of it? He is the Father of his people; and cannot well hate his own children. Hatred is a brutish affection, not only below, but against common humanity. Timon surnamed the Man-hater was a Prodigy, and a reproach to mankind. Our most gracious God forbids it, f Levit. 19.17. Thou shalt not hate thy brother in thine heart. Thy brother, that is any man, although he be thine enemy: Thou mayst, nay must, reprove, rebuke, and endeavour to reclaim him, from his evil conversation; and the Magistrate is to correct, and punish him for his offences; but hate him he must not. g 1 John 3.15. For he who hateth his brother is a murderer; and ye know that no murderer hath eternal life abiding in him. So much for the second thing required to the due administration of judgement. thirdly, Prudence is necessary for the due administration of judgement; without which it would be rash and unadvised. A Magistrate should be prudent. Job. 29.16. And very aptly our English word King, is the same with the Saxon Cyning, which is knowing or wise. The Egyptian Hieroglyphic for legislative power, was Oculus in Sceptro, an eye in the top of a Sceptre. An eye that could pierce into the most dark and perplex recesses of a cause; that could find out every crooked and blind corner in it. Prov. 20.8. A king who sitteth in the throne of judgement, scattereth away all evil with his eyes: that is, no evil or mischief, can lie hid, so cunningly and close in a matter or cause, but his eyes will find it out, and scatter it, as the bright beams of the Sun do fogs and mists. As the King's eyes are quick and piercing to discern what is obscure and intricate; Prov. 16.10. so his lips are Oracles to determine what is lawful and right. A divine sentence or oracle is in the lips of a king, and his mouth transgresseth not in judgement. We cannot but take notice of that sagacity, subtlety, and accuteness of judgement, which God (in whom are hid all the treasuries of wisdom and knowledge) sometimes vouchsafeth unto Kings (whether good or bad) for the determining of such difficult and perplex causes, as are brought before them. That sentence which wise King Solomon gave in the case between the two harlots, is well known. 1 Kings c. 3. Ariopharnes King of Thrace. Diod. Sic. Lib. 20. Claud. Caesar. vid. Suet. c. 15. I could produce many more; but shall at present, only mention that famous sentence which another Solomon (or Solyman the Magnisicent) gave in the case, between a poor Christian and a cruel Jew. The poor Christian, wanting a considerable sum of money, to redeem his son from slavery; came to the Jew to borrow it of him, for such a time, and for so much or more interest, than the Jew could reasonably require. But no interest would satisfy that hardhearted extortioner; but so many ounces of the Christian's flesh. The Christian (in his great necessity) consents, receives the money, redeems his son; and at the set time, brings the Jew his Principle, but refuseth to pay that unconscionable biting usury which the Jew demanded. The Jew complains to the Emperor Solyman, he forthwith commands the Christian to be brought before him; calls for a razor, and bids the Jew to cut off so many ounces of the Christian's flesh, as he had bargained with him for; but with all told him that if he cut off one dram more or less than his bargain was, he should certainly die for it. The Jew considering the danger of the sentence, thought it much better to lose his interest than venture his life, and so the Christian escaped his cruelty. Thus you see that prudence is necessary for the due administration of judgement, especially in difficult, and intricate matters. Fourthly, We are to consider those great blessings and benefits which will both accompany and follow the due administration and execution of this judgement. Blessings so many, great, and desirable, that they can neither be numbered nor expressed. For whatsoever blessings either piety, or truth, or peace, or liberty, or innocency, or wisdom and knowledge, or good government, and good laws, can bestow upon a Nation, are all the happy effects of judgement. Judgement advanceth piety; preserveth truth; procures and settleth peace and safety; boundeth, and fixeth prerogative and privilege; asserts, and vindicates our just liberty, and property; protects innocency; encourageth study, and learning; executes good laws; secures our persons from violence, and our estates from plunder. In fine a Prov. 19.4. judgement establisheth the land, and defends it against all foreign invasion, all intestine conspiracy, and rebellion. Or if you would have more, The due execution of judgement and justice, will divert God's judgements from us. b Psal. 106.30. Phineas stood up and executed judgement, and the plague was stayed. If judgement had been executed in the streets of Jerusalem; God would have spared that City. Jer. 5.1. So that if either we would obtain mercies, or remove judgements; the next, and best way is, that the Supreme Magistrate, and all who are put in authority under him, do truly and indifferently administer judgement and justice, to the punishment of wickedness and vice; and to the maintenance of God's true Religion and virtue. I shall conclude, with a few notes, or points; which I have observed to be most agreeable with, and consonant to this Song of Mercy and Judgement. First, This right way of Government, namely, The due administration, or execution of laws, in mercy and judgement; is a most fit and proper study, and meditation, for all Kings and Magistrates. David here sings of mercy and judgement. But the Hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which doth not only signify to sing, but also to meditate, mind, and be intent upon a matter. So that David studies and meditates, and is intent upon the laws of his Government. It was God's command that the King, who was to be set over his people, Deut. 17.18. should write for himself a copy of his law in a book, and that he should read in it all the days of his life, that he might learn to fear the Lord his God. Thus to study and meditate upon the laws of God and the laws of his own Government; should be the chiefest care and exercise of every good Magistrate. Hence Kings are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Hom. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. that is such as are conversant and well versed in laws: A Magistrate may well be ignorant of some Arts and Sciences; which are less necessary for his Government; but by no means of those laws, by which he is to Govern his people. Secondly, I observe, that Monarchy (the first, and best of Governments in the world) whereby Magistracy is preserved in its original power and dignity; and good laws are enacted, and executed by mercy and judgement; is from God. This is clear from the Text; I will sing of mercy and judgement. Here David as a Monarch sings, that is studies, meditates, and is intent upon mercy and judgement, as the proper business and employment of his Government. And then he adds 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto thee O Lord will I sing a Psalm of praise and thanksgiving; who hast not only exalted me to the Throne and Sceptre of Judah; but hast also taught me, the best way of Ruling thy people, by mercy and judgement. Thus many both Jews and Christians interpret this verse, as being most consonant to, and agreeable with the scope of the Psalm. Monarchy then is from God, and not from the people, as those two grand factions, of Popery, and Presbytery, would perswade their Proselytes. The one to exalt the Pope above all that is called God; and the other to magnify themselves. And we may observe, that how contrary soever, those two factions are in other respects; yet they both agree in opposing the true original and power of the supreme Magistrate. Thus, that our Blessed Saviour might be crucified, Pilate and Herod were made friends; and that Monarchy may be suppresed, or dethroned; these Pilat's and Herod's, Popes and Presbyterians, Romans and Jews, (as fitly matched and paired as can be) Bithus cum Bachio; Sueton. join hands and are agreed. I need not tell you what their designs and practices have been or are, because they are of every days remembrance. If nothing had been said, writ, or printed of what they have done, or this Nation hath suffered; yet those wounds and scars which their swords have made both in Church and State, are still so visible, that he who runs may read them. Certainly it must needs be something very excellent or divine which these men hate and persecute. So indeed it is; no less than Sacrosancta Regum Majestas, the sacred Majesty of Kings; which is acknowledged, by the a Prov. 8.15. Dan. 4.25. Rom. 13.1. Scriptures, by b Just. Mart. Tertul. Iron. Christian Apologists, Fathers, Councils, nay even c Hom. Hesiod. Eurip. Plat. Heathen writers, to have a divine character, or stamp set upon it, which was never profaned nor vilified in the world, until Pope Hildebrand, or Gregory the seventh, sat down in that infallible chair, of the scornful, and disobedient. This sacred Majesty of Kings is a Chase, or prey, fit for these Nimrods' to hunt after and destroy; because they know that Monarchy is the best safeguard to mankind, both against the great furious Bulls of Tyrannical Popery, and the lesser giddy cattle of Schismatical Presbytery. King's are, by the Poet, truly called a Hom. Il. ss. 445. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which very well agrees, with that of our Royal Prophet. ᵇ Sons of the Most High. Psal. 82.6. And yet there are some other Diotrephees (not Sons of the Most High, but sons of earth) who (as Saint c Epist. 3.9. John writes of them) are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, lovers of supremacy. These proud ones, kick at Monarchy; set their cloven feet upon the necks of Kings and Emperors: Whose sacred Persons (in ordine ad spiritualia, that is, for the advancing of spiritual wickedness, and the Kingdom of Antichrist) they most impiously censure, excommunicate, depose and murder, which is most abominable downright Sacrilege; and the cause of the greatest mischiefs and villainies that have been committed hitherto in the Christian world; and God only knows what further troubles and dangers these Pests may bring upon us. Thirdly, I observe That mercy and judgement that is, a Lex Christi neminem privat jure dominioque suo. the power of life and death, doth of right belong to the supreme Christian Magistrate, as well as to the Jewish, or Heathen. This truth we maintain against a generation of unreasonable men; who have the face and confidence to affirm, that it is not b Pont. count. Haer. Sleid. Com. Lib. 10. lawful for a Christian to be a Magistrate, a King, or Prince; or to have the power of the sword. That Christians should have no Courts of Judicature, no Laws, Statutes, Plead; and that it is not lawful for them to take an Oath. c Non eripit mortalia qui regna dat caelestia. As though that which is necessary to the well being of mankind, was not as lawful for Christians, as for Jews or Heathens. I would ask these grand Politicians, by what law are Christians exempt, from Governing, or being governed! Let them tell us if they can. This I am sure of, that Power and Jurisdiction, are founded upon the Law of Nature, for the benefit of mankind; as may be proved, by a plain or manifest induction. No man can live happily without the help of others in society; no society can stand, without some Laws or Government; no Laws or Government can subsist without Power to defend them, to reward the good, and punish evil doers. And we are taught that the Magistrate beareth not the sword 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in vain, Rom. 13.4. or not without warrant or divine commission: for he is God's Minister, a revenger to execute wrath, upon him that doth evil. Those then (whosoever they be) whether in the number of Libertines, or Anabaptists, or any other Name, or Sect; who deny the Christian Magistrate, his just power and right to defend himself, his laws, and people, from contempt and violence: do in effect destroy all Christian societies; and would introduce Anarchy and Confusion both into Church and State. To these, I shall only mention that of Saint Peter; 2. Pet. 2.19. Whilst they promise men liberty, they themselves are the servants of corruption or perdition. Fourthly, I observe that the due administration, or execution of laws in mercy and judgement, is of great concern to a Nation, and especially to be regarded by the Magistrate. Prov. 17.15. For he who justifies, that is, acquits the wicked, and he who condemns the just, are both of them abomination. God by his Prophets denounceth woe against them, Deut. 27.19. Isa. 5.23.10.1. Mic. 2.1. Hab. 2.12. who justify the wicked for reward, and take away the righteousness of the righteous from him. Who render those tribunals, from whence men expect a relief for their injuries, the seats of violence and oppression. Fifthly, I observe, that judgement, or the executing of such deserved penalties as the law requireth, upon the transgressors of it; is not persecution as our fanatical Schismatics would make the world believe. Our present divisions and dissensions, are still (God knows) very sad and great, Psal. 57.4, 5. our souls (as the Psalmist complains) are amongst Lions; and we lie in the midst of the sons of men, who are a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Boutescus, and Incendiaries; whose teeth are spears and arrows, and their tongues sharp swords: who speak evil of Dignities; Judas 8. Psal. 89.51. reproach and slander the footsteps of Gods Anointed; hate and persecute that very Government, and those laws, by which they live in peace and plenty. With these our Ecclesiastical laws, are Antichristian; and our Civil laws, Tyrannical. If the Magistrate deal merciful with them; they will tell you, they are not beholding to him, because it is God, who restraineth his power, that he should not touch the Saints. But if the law have its due course against them; then they cry out Persecution, Persecution. These are they, Qui nec remedium ferre pessunt nec morbum: Whom neither mercy nor judgement will reclaim. May not we very reasonably suspect, what it is they would be at? Or can we so soon forget what we have felt, and still have just cause to fear? a Psal. 11.3. If the Foundations be destroyed, what can the Righteous do? That is, if our Government and Governors, if our Religion, Laws and Peace, (which are the Foundations of our Nation) be destroyed? What can the Church of God (here planted amongst us) do? My Lords; and you the Worthies of the Honourable Bench: It is not only your duty, but your interest, to endeavour the preservation, of these Foundations unto us. For in their safety and peace, ye shall have comfort and peace; and obtain that respect and honour, which your Piety, Wisdom, Justice and Care, have merited both from our Church and State. For this you shall be called the repairers of our breaches, Isa. 58.12. and the restorers of peaceable paths for us to dwell in. And may the God of Mercy and Judgement still prosper this good work under your hands, O let him prosper this your handy work. Lastly, I observe: That under a Government so well composed, and settled; where Laws are Enacted, and executed by mercy and judgement; there the people are happy; and have good cause of rejoicing and praising God, for that mercy and judgement by which they are Governed. And if ever Nation had cause to rejoice for such happiness, or to sing of mercy and judgement, we now have. Our gracious God hath been pleased (even beyond our hopes) to lose the bands, and break the yoke of that Rebellious Tyranny and oppression, under which our Church and State (not long since) so miserably groaned. He hath turned our captivity as the rivers in the south: Psal. 126.4. and refreshed us with the delightful streams of peace and justice. He hath restored our gracious and merciful King unto us. a jia. 1.16. He hath given our Judges as at first, and our Counselors as the beginning, and we no longer dwell b Psal. 137.4. in a strange land, where we could not sing the Lord's song, even this song of mercy and judgement. What now can hinder, but that judgement should flow down like waters, and righteousness be as a mighty stream? Nothing sure: unless our great unthankfulness to God for these mercies; and our disobedience unto our lawful Sovereign. O let not our ingratitude or perfidious disloyalty deprive us of these blessings; but let our mouths be filled with the high praises of God, and our hearts with duty that we may live worthy of that religious worship, truth, peace and happiness we enjoy; and never forget those great deliverances, which he hath vouchsafed unto his King, and people. Oh that men would therefore praise the Lord for his goodness; and declare the wonders he hath done amongst us. Psal. 107.31.32. That they would exalt him in the congregation of the people, and praise him in the assembly of the elders, a Psal. 136.23.26. who remembered us in our low estate and delivered us from our enemies, for his mercy endureth for ever. And let us pray, that no jarring, harsh, untunable, discord, or division; may ever discompose, that excellent harmony of Government which we have both in Church and State; but that this Song, of Mercy and Judgement, may be heard in our Land, from Generation to generation. Amen. FINIS.