Mercy & Judgment. A SERMON, Preached at the Assises held at LINCOLNE; July 15. 1678. By Humfrey Babington, D. D. Rector of Boothby-Painel in the County of LINCOLNE.

CAMBRIDGE, Printed by John Hayes, Printer to the University; for Henry Dickinson, Book-seller in Cambridge. 1678.

Imprimatur.

  • Thomas Holbech Procan.
  • John North.
  • James Duport.
  • Richard Minshull.

To the Worshipfull THOMAS HARINGTON of Boothby-Painel Esq; High SHERIFF of the County of LINCOLNE.

SIR,

THIS Sermon, which at first was the meer 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 powerfull 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 succceded him in his Prophetical Of­fice. [Page]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 Lincolne, 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 chearfulness 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, [Page]but not his Spirit, either of Teaching, or Ru­ling: And though I have his Table, Stool, and Candlestick, yet if I thought my self, 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 drachma's. 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; least 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 worshipfull and excellent Person, Thomas [Page]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 your self 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,

S r,
Your most faithful and obliged Oratour, Humfrey Babington.

Mercy & Judgment.

PSAL. CI.I.

I will sing of Mercy and Judgment, unto thee, O Lord will I sing.

THIS Psalm presents you with a re­markable example, and pattern of a most excellent Heroical King and Governour. Psal. 78.70. God had advanced his servant David from the sheepfold to the Throne; changed his Crook into a Scepter; 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 shews 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 compleats, per­fects, succeeds, and blesseth each of them.

First, 1 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 Judgment, how plausible soever their pretenses be.

Then secondly as to his Family or Houshold; 2 He who hath a wicked pernicious head; a froward or crooked heart; a false, slanderous, detracting, Chald. [...] Lingua tertia. three forked tongue; a proud and lofty look; a light-fingred, pilfering, deceitfull hand; such an one he will either cast out, or cut off from it.

Thirdly, 3 Having thus setled, and well disposed all things within doors, he then 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 [Page 3]early, [...] in the mornings; which may either relate,

First, To the time when the Jews were wont to sit in Judgment, 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 Malefactours, which was, for the most part, presently after the sentence of judgment, or condemnation was passed upon them.

Fourthly, As for King Davids piety, 4 that breaths 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 Common-wealth. Of how much greater commendation must good King David be ac­counted worthy, who was so excellent at both? For ha­ving tuned the Common-wealth of Israel: He then tunes his Harp, and plays or descants the harmony of his Govern­ment upon it. [...] I will sing of Mercy and Judgment, viz. of that Mercy and Judgment, 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 Judgment towards himself: It speaks thus, [...] Targ. &c. Whether thou deal'st Mercifully with me, or dost Judgment with me, for all, I will sing a Psalm of praise before thee, O Lord. [Page 4]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 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 conveighing 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 sinfull 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 Judgment 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. Judgment, was fit to allay presumption; and Mercy to drive away despair. I will sing of Mercy and Judgment.

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 it self. 1 King. 19.12. [...], Sept. [...] A small soft voice, like to that by which God manifested himself to the Prophet Elijah.

Judgment 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 Judgment alone, the ground (though solemn and grave) would have been but harsh and dolefull: Mercy slatts, and softens Judgment; and Judgment, 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 Judgment; are the harmony of the Uni­verss; the two Poles upon which the world turns; and those musical sphears, which tune and time the praises of the Almighty Creator, who made all things Wisd. 11.20. in number weight and measure; the three well known proportions of order, pulchritude and harmony.

Mercy and Judgment, are the brightest constellations in the firmament of dominion and Government; The stability and strength of David's Person and Throne. 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 Judgment the two Testaments; mount Sion, and mount Sinai; mount Gerizim, and mount Ebal; the one for blessing and the other for cursing.

Mercy and Judgment, Zech. 11.7. Zechariah's two staves, Beauty and Bands, the one to support and comfort, the other to chastise and punish.

Mercy and Judgment; [...]. 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 fearfull 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 Judgment, 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 Judgment; there is nothing but confusion and mischief.

Mercy without Judgment 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, Sen. de Clem. Lib. 1. c. 2. Omnibus ignoscere, crudelius est quàm nulli. And Judgment 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 Judgment. These God hath joyned 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 Judgment, 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 Politi­tian, who in his Book Il Principe, represents Holy David, [Page 7]as a Tyrant, and compares him with Philip of Macedon, who was no better. For which prophane boldness, (amongst other dangerous and immemorable errours) he is (not without cause) censured by Lorinus, Fitz-herbert, and other Writers. But if I do not mistake the Polititian, he rather acquaints us, what use Caesar Borgia made of David's failings, to palliate and excuse his monstrous and abomi­nable villanies; 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 practise, 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, &c. If David sinned like a King, he also repented 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 Errours, 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 Borgias, i. e. Tyrants.

As for these words of the Text, Mercy and Judgment; 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; Nec uilâ 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 shewing Mercy, and pity. Luk. 6.36. Be ye mercifull as your heavenly Father also is mer­cifull.

God is good unto all, Psal. 145.9. and his tender Mercies are over all his works: Now Judgment 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 Judg­ment 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 [...], rejoyceth over Judgment, like a conquerour; leads Judgment captive, which follows her triumphant Chariot, bound with Adamantine Chains, disarm'd both of Lance, and Sword.

As Mercy hath the preheminence, 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; [...]. Bias. and they will not so much fear him, as fear for him; and be in pain, least some unhappy mischief or disaster should snatch him away from their Go­vernment. For what Loyal subject, would not much ra­ther spend his dearest bloud and life; than that his mer­cisull 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. [...]. Phocion. And there it was accounted as great sacriledge, 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; Diog. Laert. Zeno. [...]. ibid. who taught [...], that mercifull men were fools; that it is difficult to be mercifull [Page 9]and wise; 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 succour 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 mercifull 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, Stoicisme must not be the Rule or Measure of Christianity; nor are we to learn, or judge of Mercy, from 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 mercifull 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 judgment without mercy who shewed 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, 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. De Civit. Dei. Lib. 9. Cap. 5. Misericordia est aegritudo ex miscriâ al­terius, injuriâ laborantis. Cic. Tus. 4. Misericordia est alienae miseriae in corde 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 brethrens misery.

But as mercy respects the publick, and is concern'd with the great affaires of the supreme Magistrate in his Government, so it exerts and shews it self in these fol­lowing particulars.

First in constituting, 1 and making, good and wholsom 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 Law-maker; for the Law of nature, antecedent to all positive Laws, was made by mercy; and then justice and judgment 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, errour, atheism, evill customs, debaucheries, and all prophaness. Mercy's Law, will teach the ignorant; reduce the erroneous; ad­monish the negligent; quicken the remiss, and slow; resolve the doubtfull, and scrupulous; strengthen the weak; and confirm the strong.

Then is a Magistrate mercifull, 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 encrease, and encourage­ment, of faithfull 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, 2 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; 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 subtilty, 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.

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 Sutes, Actions, Pleadings; 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 [Page 12]should be advised to take care, least 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 Sutes, and Pleadings. 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 subtil delays, and falshood 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 proceedings of the Law; but all such delays are no better than Concessum latrocinium. Lips. Pol. And I pray, which are the worst theeves? Those that rob a Traveller by the King's high-way? 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 Oratours 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 suspition of malice, envy, or parti­ality: Prov. 19.28. for an ungodly witness scorneth judgment: That her Juries be discreet, mercifull men; well instructed, and skilfull in the Laws; and not made up of such, as can [Page 13]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 powerfull Adversary, and may they still long be continued unto us.

Fifthly, Mercy will (if need be) mitigate the rigor, of some severe, yet necessary, laws. 'Tis reason that in some particular cases, the Law should be severe; 1 Tim. 1.9.10, &c. because it was not made for the righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for unholy and prophane, 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 condigne punishment? Or what [...], can be hoped for, by such lawless Criminals? Yet because that [...], or summum jus, that extremity, or rigor 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 [...] Estote tardi in judicio Per. Avoth. c. 1. sodain­ly 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; 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 [Page 14]punishment; yet some care ought to be taken for their souls; and some convenient time allowed them for ghostly advise, 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 painfull, or shamefull, as the Ma­lefactor deserves. Thus mercy would mitigate the rigor 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 bloud; or with Domitian to weave 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 bloudy Monster, who in punishing his Offenders, would have them so tormented, or handled, Ut sentirent se mori, [Page 15]That they might feel their deaths. To delight in such in­humane 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 compassionatly grants they should be cut off: lest the peace, and safety of her innocent favourit's should be endangered.

Which brings me to the second or lowest part of King David's Song, [...] And Judgment, 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 Judgment. This composed with mercy, makes the harmony of his government compleat, 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 Judgment.

Secondly, The great necessity of it, in all Governments.

Thirdly, What is required to the due Administration, or Execution of this judgment.

Fourthly, Those great blessings and benefits, which will certainly follow the due Administration, and Exe­cution of it.

First, [...] Judgment 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 successour, Joshuah) were called A [...] from which root, the ancient Punic word Sufes the chief Magi­strate in Car­thage is also derived. Vos. Etym. [...] Judges. Judgment has it's Thrones, Psal. 122.5. even the thrones of the house of David; now 2 Sam. 8.16. David reigned over all Israel; and executed judgment and justice to all his people. So we read of Messiah the son of David. S t Joh. 5.22, 27. The Father judgeth no man, but hath committed all judgment to the Son; and hath given him authority to execute judgment, because he is the Son of man. This is called judgment 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. Arist. Eth. Lib. 4. That [...], Science, or Skill, not only of making, but interpreting Laws. Psal. 72.1. This is that judgment which David prays for his Son Solomon. Give the king thy judgments O Lord, and thy righteousness to the kings son; that is, D r Ham. O Lord, I beseech thee, to poure 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 judgment. In that day the Lord shall be for a spirit of judgment to him that sitteth in judgment.

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 judgments thou shalt set before them; Exod. 21.1. the Statutes, and Judgments I have commanded my people.

Fourthly, Judgment signifies any judicial cause, con­troversie, or matter; that is brought before the Magi­strate. Thou shalt not pervert the judgment 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 judgment of the stranger and fatherless: I know the Lord will maintain the judgment 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 judg­ment, 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 judgment.

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. Ezra. 7.26. And whosoever will not do the law of thy God, and the law of the king, let judgment be executed speedily upon him; whether it be unto Deut. 21.22. death, or to banishment, or to consiscation of goods, or to imprisonment. So that under this one word judgment, 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, [...] Judgment and Justice, are joyned together in holy writ; by Judgment 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, 2 is the great necessity of this Judgment in all Governments.

Judgment is an act of Justice, not onely lawfull, but [Page 18]laudable, and necessary: For without judgment and justice there can be no society. These are the bonds of all com­munities, which knit, and keep the members of the Body­politic together; making them obedient, and serviceable to their Head: That such as will not be perswaded and allured by the sweet voice of Mercy, should be awed and terrified, by the severe and harsher voice of Judgment.

Impunity is a great temptation to villany. Remotâ ju­stitiâ quid sunt regna nisi magna latroci­nia? S. Aug. de civit. Dei. Lib. 4. c. 4. Without ju­stice and judgment; what are kingdoms but so many dens of theeves and robbers?

When Alexander the Great, had taken a pitifull poor Pirat, who was the Master but of one small Ship, or Ves­sel; and had asked him, why he troubled the Sea? The Pirat, with an undaunted confidence, answers his question by another, Why he troubled the World? And whe­ther it was not as lawfull 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 Pirat; but He who had a great Navy, was a famous Conquerer, 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 Villanies, Murders, Rapes, Sacking and burning of Cities; destroy­ing, and laying wast whole Countries; torrents of Chri­stian bloud, spil'd 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 rent
All People, and a Star malevolent
To Nations

'Tis sadly to be lamented that any king who intitles himself Christian, should account it his ho­nour or glory to imitate Him. What a mischievous bloudy Comet, has for some years struck terrour into our Neighbour Nations, threatning them with Ruine 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 Judgment? 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 judgment, but behold oppression, for righteousness, but behold a cry. Judgment and Justice would rid the world of Tyranny, War, and confusion; of the greatest and most powerfull Theeves and Male­factors; without which neither our Religion, Lives, nor Possessions can be safe.

In brief, Judgment and Justice are so necessary that (as the Oratour 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, 3 We are to consider what is required to the due administration of this Judgment. 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 Judgment. 1. Lawfull Authority. 2. Justice and Equity. 3. Prudence.

First, Lawfull Authority; Without which all Judg­ment 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 Lawfull Authority; so neither can it be executed without Lawfull Authority. In this case, Matth. 26.25. He that takes the sword, shall perish by the sword. Ro. 12.19. Vengeance belongs to God, and the supreme Magistrate, who is his representative; no man therefore ought to avenge himself, or to usurp the Office of a Judge, with­out lawfull Authority, or a just deputation from God, or his Vicegerent. He who thus offends is 1 Pet. 4.15. [...], a busie-body in other mens 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 judgment: without which judgment is but per­verse and corrupt. There have been some, (and still are) who turn judgment into wormwood and gall—and the fruits of righteousness (that is justice) into Aconite or Hem­lock. Amos 5.7.6.12. This perversion of judgment is bitter and deadly.

Now judgment may be perverted either, Anselmus de similitud. First by fear, Secondly by covetousness, Thirdly by inordinate love and partiality. Lastly by hatred.

First by fear, which (as the Authour of the Book of [Page 21] Wisdom writeth) is nothing else, Wisd. 17.12. but the betraying of the succours, which reason offereth; and makes men degenerate into poor, timorous, false-hearted 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 couragious 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, ( 2 Pet. 2.15. that wages, or reward, of iniquity) 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 evill, which while some have coveted after, they have erred from the faith; and then (by very good consequence) from judgment and justice, the inseparable companions of faith and a good conscience.

It is reported to the perpetual shame of Demosthenes, by 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 musled into the court; but, (as a witty Greek told him) it was not [...], but [...], not the squincy, but the gold, in his throat, that stoped his mouth. There was Bos in linguâ, as the Proverb is. In good earnest, righteous judgment, and a bribe, will no more agree to­gether in the same mouth; than God, and Mammon, in the same service and worship.

Thirdly, Judgment may be perverted, by love and [Page 22] partiality. Leges carent affectibus. Justice is represented unto us in picture, with a veil over her eyes, to signifie that both justice, and judg­ment, should be administred, without favour or affection. Exuit personam judicis, quisquis amicum induit. So that a judge must not be [...], 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 Prov. 18.5. it is not good to accept the persons of the wicked; or to overthrow the righteous in judgment. Not good? No, there is a [...] in that [...] to teach us that it is abominable, and pernicious. God himself complains of it. 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 judgment. Hence good King Jehoshaphat (according to his name, the Lord Judgeth) thus strictly chargeth his judges. 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 judgment. 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, judgment 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. Odys. [...]. 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, Levit. 19.17. Thou shalt not hate thy brother in thine heart. Thy brother, that is any man, although he be thine enemie: Thou mayst, nay must, reprove, re­buke, and endeavour to reclaim him, from his evil conver­sation; and the Magistrate is to correct, and punish him [Page 23]for his offences; but hate him he must not. 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 judg­ment.

Thridly, Prudence is necessary for the due administration of judgment; 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 Scepter. 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 judgment, 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 foggs 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 determin what is lawfull and right. A divine sentence or oracle is in the lips of a king, and his mouth trans­gresseth not in judgment.

We cannot but take notice of that sagacity, subtilty, and accuteness of judgment, 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 satisfie that hard-hearted 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 complaines to the Emperour Solyman, he fourthwith commands the Christian to be brought before him; calls for a rasour, 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 judgment, especially in difficult, and intricate matters.

Fourthly, 4 We are to consider those great blessings and benefits which will both accompany and follow the due ad­ministration and execution of this judgment. Blessings so many, great, and desirable, that they can neither be num­bred nor expressed. For whatsoever blessings either piety, or truth, or peace, or liberty, or innocency, or wise­dom and knowledge, or good government, and good lawes, can bestow upon a Nation, are all the happy effects of judgment.

Judgment advanceth piety; preserveth truth; pro­cures and setleth peace and safety; boundeth, and sixeth prerogative and priveledge; asserts, and vindicates our just liberty, and property; protects innocency; encou­rageth study, and learning; executes good laws; secures [Page 25]our persons from violence, and our estates from plunder. In fine Prov. 19.4. judgment establisheth the land, and defends it against all forrain invasion, all intestine conspiracy, and rebellion. Or if you would have more, The due execu­tion of judgment and justice, will divert God's judgments from us. Psal. 106.30. Phineas stood up and executed judgment, and the plague was stayed.

If judgment 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 judgments; the next, and best way is, that the Supreme Magistrate, and all who are put in authority under him, do truly and in­differently administer judgment 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 Judgment. 1

First, This right way of Government, namely, The due administration, or execution of laws, in mercy and judg­ment; is a most fit and proper study, and meditation, for all Kings and Magistrates. David here sings of mercy and judg­ment. But the Hebrew word [...] is from [...] which doth not only signifie 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 cal'd [...], Hom. Il. [...]. that is such as are [Page 26] 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, 2 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 judgment; is from God. This is clear from the Text; I will sing of mercy and judgment. Here David as a Monarch sings, that is studies, meditates, and is intent upon mercy and judgment, 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 Scepter of Judah; but hast also taught me, the best way of Ruling thy people, by mercy and judgment.

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 peswade their Proselytes. The one to exalt the Pope above all that is called God; and the other to magnifie 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 suppres'd, or dethron'd; these Pilats and Herods, Popes and Presbyterians, Romans and Jews, (as fitly match'd and pair'd as can be) Bithus cum Bachio; Sueton. joyn hands and are agreed. I need not tell you what their designs and practises have been or are, because they are [Page 27]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 Majestie of Kings; which is acknowledged, by the Prov. 8.15. Dan. 4.25. Rom. 13.1. Scri­ptures, by Just. Mart. Tertul. Iron. Christian Apologists, Fathers, Councils, nay even Hom. Hesiod. Eurip. Plat. Heathen writers, to have a divine character, or stamp set upon it, which was never prophaned nor vilified in the world, untill Pope Hildebrand, or Gregory the seventh, sat down in that infallible chair, of the scornfull, 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.

Kings are, by the Poet, truly called 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 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 Emperours: 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 down-right Sacrilege; and the cause of the greatest mischiefs and villanies that have been committed hitherto in the Christian world; and God only knows what fur­ther [Page 28]troubles and dangers these Pests may bring upon us.

Thirdly, 3 I observe That mercy and judgment that is, 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 Pont. cont. Haer. Sleid. Com. Lib. 10. lawfull 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, Pleadings; and that it is not lawfull for them to take an Oath. Non eripit mortalia qui regna dat cae­lestia. As though that which is neces­sary to the well being of mankind, was not as lawfull for Christians, as for Jews or Heathens.

I would ask these grand Polititians, 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 evill 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 Gods Minister, a revenger to execute wrath, upon him that doeth 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, [Page 29]they themselves are the servants of corruption or perdition.

Fourthly, I observe that the due administration, 4 or exe­cution of laws in mercy and judgment, 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 justifie 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 judgment, 5 or the executing of such deserved penalties as the law requireth, upon the transgressors of it; is not persecution as our phanatical Schis­matics would make the world believe.

Our present divisions and dissentions, are still (God knows) very sad and great, Psal. 57.4, 5. our souls (as the Psalmist complains) are amongst Lyons; and we lie in the midst of the sons of men, who are [...] Boutescus, and Incendiaries; whose teeth are spears and arrows, and their tongues sharp swords: who speak evil of Dignities; Jude 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 mercifull 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 judgment 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? Psal. 11.3. If the Foundations be [Page 30]destroyed, what can the Righteous do? That is, if our Govern­ment and Governours, 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 safty 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 Judgment 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 setled; where Laws are Enacted, and executed by mercy and judgment; there the people are happy; and have good cause of rejoycing and praising God, for that mercy and judgment by which they are Governed.

And if ever Nation had cause to rejoyce for such happi­ness, or to sing of mercy and judgment, we now have.

Our gracious God hath been pleased (even beyond our hopes) to loose 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 delightfull streams of peace and justice. He hath restored our gracious and mercifull King unto us. Iia. 1.16. He hath given our Judges as at first, and our Counsellours as the beginning, and we no longer dwell Psal. 137.4. in a strange land, where we could not sing the Lord's song, even this song of mercy and judgment.

What now can hinder, but that judgment should flow [Page 31]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 lawfull Soveraign. 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, Psal. 136.23.26. who remembred 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 Judgment, may be heard in our Land, from Generation to generation. Amen.

FINIS.

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