WHere the word of a king is, there is power. If Da­vid said it, who durst [Page 2]contradict it? The Son's Precept, Eccles. 8.4. was but a Transcript of the Father's Pra­ctice: though the Ver­dict he here passed be ever so unreasonable, yet may not Mephibo­sheth say unto him, What dost thou?

I know there are some learned and wor­thy Authors, (as you may read in their Comments upon this Scripture) who would have this Text to speak no more, then David's ratifying his former princely Act of Grace and free Donation, re­corded, [Page 3] chap. 9.9, 10. But we must beg leave at present to dis­sent from these, and to side with such as differ from them; the rather, because the Context seems to warrant our so doing.

I did lately in this place, and upon the like occasion, lay down the Nature, Bounds, and End of an Oath: and as the Sub­ject of that Discourse, did principally con­cern the Witnesses; so shall this, the Judge.

In the words now read unto you, there [Page 4]are these Branches.

• 1. A Controversie de­cided betwixt Ziba and Mephibosheth.
• 2. The matter both of this Decision and Contro­versie; the Life, good Name, and whole E­state of Mephibosheth: for had the Treason Ziba charg'd him with, been made good; he had forfeited all.
• 3. The Judge, and 'twas David, a wise and holy Man, one after God's own Heart, Act. 13.22. one deeply en­gaged, both by Friend­ship and Covenant, to Jonathan and his Seed, [Page 5]1 Sam. 20.15, 42.
• 4. The Definitive, though most unjust Sen­tence, That the Plain­tiff and Defendant should part stakes: the Land must be equally divided, betwixt abus'd Mephibosheth, and his perfidious Servant.
• 5. Lastly, A double Cause of this untoward Decree: the one ap­pears in open and pub­lick view; the other lies more close in Da­vid's Bosome. The latter of these we call, Proegumena; the for­mer, Procatarctica.

1. The Causa Pro­catarctica, [Page 6]was Ziba's Treachery, Bribes, and Falshood; together with his plausible ma­nagement of those his Calumnies: and pro­bable Slanders, 2 Sam. 16.3. if sub­tilly order'd, with o­ver-credulous Judges, do very easily pass for Truths.

2. The Causa Proe­gumena, was that Arbi­trary, yet lame Rule by which David pro­ceeded; this not being, what it ought to have been, the known Laws of that Com­monwealth; but ei­ther his Princely Plea­sure, [Page 7]or Private Con­science; for both seem lapp'd up in the Pro­logue prefixed to his Decision, Why speakest thou any more of thy mat­ters? thou knowest we have more weighty Affairs now in hand, which would not be thus interrupted: Be­sides, I have said, Thou and Ziba divide the land; that is, I have heard, as his Accusation, so thy Defence; and do think it very unconscionable for thee to forfeit all, yet loath am I that Zi­ba should have no­thing: wherefore 'twill [Page 8]not be amiss to divide the Estate; however, I am resolv'd to have so, nor will I reverse my Sentence.

Though each Branch of this Text would af­ford us several pithy Observations, yet we must wave them at present; and from the Judge, his Sentence, and the Rule by which he proceeded, raise on­ly this Doctrine:

That without the gui­dance and superintenden­cy of known Laws, Doct. the Consciences, even of wise and good men, are but an unsafe Rule in matters of Judicature.

Were the Scripture silent in all other places, yet is this one Example to prove this Doctrine abun­dantly sufficient. The least David could have done in this Cafe, had the Equity of that known Law, recorded in these words, Life for life, eye for eye, tooth for tooth, Deut. 19.21. had this, I say, been his Control and Guide, he could not have done less, then restored Me­phibosheth to his whole Estate, and hang'd up Ziba for his slanderous Accusation: for since, Psal. 101.5. [Page 10]if that had been true, the Master had deserv'd to lose his head; it be­ing false, 'twas but e­qual that the Servant should forfeit his. And even at this day, among the Turks, the false Witness undergoes that punishment, which the Accused, had the Charge been proved, was liable to suffer.

But no longer to in­sist upon this Example in the Text it self, our Saviour seems to justi­fie the Truth of this Proposition, Proof while he refuses to act by so Ar­bitrary a Rule, as his [Page 11]own Will or Consci­ence: for me thinks we may so understand him, Luke 12.13, 14. Who made me a Judge or a Divider over you? As if he had said, You know I am not en­trusted with the ma­nagement of those Laws, by which Con­troversies about Meum & Tuum ought to be decided; and to deter­mine these Differences by a Rule so boundless, as mens own private Judgments, is not safe; nor shall I do it.

I believe there were o­ther Inducements, which [Page 12]perswaded Christ to wave, what this impor­tunate Suitor would have put upon him: Per­haps, lest intermedling with Temporals, should interrupt that more ne­cessary & spiritual work for which he was sent: Perhaps, that he might not cherish the then-almost Epidemical mi­stake concerning the Messias, of his coming a Temporal Prince: Or, perhaps, that he might not give his Ad­versaries an occasion to charge him with an affection of Jurisdi­ction or Magisterial [Page 13]Power over the Peo­ple. But as these wise and holy Ends had their Influence upon him, so might that al­so which we first as­sign'd.

The last Proof I shall trouble you with at this time, shall be that rash and rigorous Sen­tence denounc'd a­gainst the Samaritans, by James and John, Luk. 9.54. how do the Consciences of these men, though Christ's own Disciples, like Sul­phurous Aetna, belch our flames? how gladly could they have trans­formed [Page 14]that Samaritan Village, into another Sodom? yea, what sa­tisfaction to them, for those Clouds which drop'd Fatness upon o­ther places, to rain Fire upon this?

But to draw neerer our own Times, we may remember when Conscience sate as a Queen upon the Su­preme Seats of Judica­ture in this Common­wealth; when she a­cted without Control, and advanc'd her self above all we called Law: did she not then give sufficient proof [Page 15]what a dangerous Pi­lot we were like to find her? In what an inso­lent and furious manner began she to invade our Rights, both as Christians & as Men? Had her Magisterial Dictates stood, our two standing Ordinances must have fallen; our Laws had now lain bu­ried in that heap of confusion, which had been but the unavoid­able consequence of their own subversion; our Teachers had been driven into corners; our Gospel-Sun had been wrap'd up in a [Page 16]plenary Eclipse; our Eloquent Orators, and Learned Councellors, had been numbered a­mong unnecessaries: in England, our Books, our Colledges had been burn'd; in Ireland, drown'd: here a De­luge; there a Flame, had been their Execu­tioner. Had the De­crees of Conscience stood, our Charity had been as cold as our Zeal was hot; men not onely straitning their Bowels, and re­fusing to give; but widening their Arms with resolution, to take [Page 17]away what our pious Ancestors had bestow­ed. Never could Dio­nysius applaud himself more in his Sacriledge, when he spoil'd Aescu­lapius of his Golden Beard, and Jupiter O­lympius of his costly Robe; then we our selves in our Religious Plunder: the Alms of the Sick and Lame, the Fatherless and the Wi­dow, were by Consci­ence voted a well-pleasing booty, even by some reputed both judicious and godly.

And thus both by Scripture and Experi­ence, [Page 18]we have proved our Doctrine:

The Grounds or Reasons of this Point, are several: I shall demonstrate it by a fivefold Argument.

The first is taken from known Laws, Arg. 1. what they are. And why may I not call them the ve­ry Heart and Soul of a Commonwealth, the Hinges upon which it turns, and the Basis up-upon which 'tis built? These lick'd the Civil [Page 19]Body (which other­wise had been but Ru­dis, indigesta (que) Moles, a confused Lump, an heap of Rubbish, a meer Chaos) into that comely shape which now adorns it. A Kingdom without Laws, Isai. 34.13. is rather a Den of Thieves, a Court for Owls, Isai. 13.21. an Habita­tion for Dragons, a Place much fitter for Satyrs to dance, and for Monsters to hide themselves, then for Men to dwell in. So highly did the Aga­thyrsi prize their Laws, that in Aristotle's time, [Page 20]for remembrance sake, they sang them; as o­thers did also before Letters were invented: whence some will have the Rules of Musick called [...] and doubt­less the ravishing Me­lody of Orpheus his Harp, was no other then the harmonious murmur of wholesom Laws, by which he drew Beasts, or Men as rude as they, into Humane Society. [...]. Known Laws are for the most part, but so many commendable Customes in black and [Page 21]white; the Wisdom and Experience of for­mer Ages, bundled up, and transmitted to Po­sterity: and what a folly to place Consci­ence, which is but of yesterday, and knows little, in the room of these? Nor may the narrowness of humane Understandings, the weakness of Mens Judgments, derogate from their just Repute; for though there be but a little Light in a Glow-worm, a little Heat in a Spark; yet many of these together, will afford a moderate-Lustre, [Page 22]a convenient Warmth. And suppose there be but a smal pit­tance, but a single beam of Light, but a spark of Knowledge in a single Intellect; yet doth not this reflect upon those Laws, which were the Products of Concen­tricated Beams; of sundry Sparks laid to­gether, and blown into a Flame: I mean, of many well-informed Consciences and Un­derstandings, united in a glittering Constella­tion; and sitting in Council for their Good, who live under [Page 23]their Influence: For, what more proper Pe­riphrasis, then this of a Parliament? what was the Roman Se­nate, but such? Now to trample under our feet the serious and un­byass'd Deliberations of these Assemblies; to contemn the twisted strength of known Laws, those well-com­pacted Combinations of Conscience and Judgment; and above these, to exalt the shal­low capacities of single men; were to com­plain of going to Jeru­salem, and to erect [Page 24]Calves at Bethel: to call Law, a burthen­som piece of Exube­rancy; to cry against this Political Stru­cture, saying, Race it, race it, even to the foun­dation: what is this but to remove the ancient Land-Mark, plac'd by Prudence and Ne­cessity? to pluck up the Hedge, and lay all in Common: and then the Nimrods of that Age, the mighty Hun­ters, would divide the Spoil. I never think of this Design, and its Promoters, how hand­somely they laboured [Page 25]to cheat us of our Laws, (the only Guardians of our Estates and Lives) but it mindes me of the Wolf in the Fable, who advis'd the Sheep to dis­miss their Dogs, that he at pleasure might de­vour them.

If any should here ob­ject those mischiefs which too often have at­tended Laws; that, Object. like the Bramble, they tear the Fleece, rather then shelter the Sheep: that they serve onely to per­plex poor men; and are themselves wrested by the wealthier; or, as Spiders Webs, catch les­ser [Page 26]Flyes, while the greater escape:

We might in part de­ny this charge. Answ. But sup­pose 'twere true; There is one Maxime which fully answers it: Abusus non tollit usum; the abuse of a thing, can neither null its use, nor in Ju­stice lessen its credit: for if so, what shall we think of the choicest Blessings, which are a­bus'd to Gluttony and Drunkenness? yea, of that Manna, and Food of precious Souls, the Scripture it self, which some wrest to their own and others destruction, 2 Pet. 3.16.

Besides, the Evils be­fore alledged, cannot in Equity be charged upon the Rule; but upon those who so wickedly managed it: and if their actings were so enor­mous, while they had a just and righteous Law to guide and check them; how much more irregular would these have been, had they been a Law unto them­selves?

This is the first Ar­gument.

The second is taken from Conscience, Arg. 2. what that is: and under this Head, we have five Reasons: [Page 28]for we shall by and by shew you, that Consci­ence, even in wise and good men, is,

• 1. a subordinate;
• 2. a flexible;
• 3. a de­fective;
• 4. an uncertain;
• 5. an arbitrary Rule: and each to these are enough to prove it (without the guidance of known Laws) a most dangerous Pilot in matters of Judicature.

Conscience is but a subordinate Rule; Reas. 1. 'tis dependent upon, and acted by something a­bove it self: it both hears and sees with the eyes and ears of another faculty: 'tis not a guide [Page 29]to the Understanding; but the Understanding a guide to it: 'tis me­thinks the Understand­ings Eccho; it onely repeats what that di­ctates, and adds to it a commanding fiat. Con­science is but the reverbe­ration of intellectual Beams: its actings are little other then a chew­ing over of that Light which it borrows from this Fountain. But Laws are the more im­mediate Products, and direct Emanations of sundry united and ma­ture Judgements. Now to draw a Curtain be­fore [Page 30]some splendid Light; and to examine matters of weight and intricacy, (and that matters of Judicature are such, we shall shew anon;) by some feeble Glimmerings, and faint Reflections; what were more imprudent and pernicious? Philoso­phers have called the Will, caeca Potentia; and without the Under­standing, Conscience is but mera impotentia. In­deed, there is no such distinct faculty in the reasonable Soul; though Theology treats of it, yet Philosophy is silent [Page 31]concerning it. Its two most proper and princi­pal Operations, [...], & [...], what are they, but the intellectus practi­cus, recoyling upon it self? Its [...], what is that, but an appli­catory contemplation of those Rules by which it esteems it self obliged to act? Nor can Con­science thus look for­ward upon its Law, or backward upon it self; unless the Understand­ing lend it Light: which Truth (besides the pre­sent occasion we have for it) doth in some mea­sure detect the ground­less [Page 32]scrupulosity of this age; in which we are afraid of compelling Children and Servants, (and with these you may rank the ignorant Na­tives of this Country) to hear publickly, and learn the Principles of Religion; lest we should force Conscience: as if there could be a [...], or [...], without a [...] an excusing or accusing our selves, with­out the knowledge of those divine Truths, which must measure our actions: even Paul himself must see the Law, be­fore he could see his sin, [Page 33] Rom. 7.7. But this is be­yond my purpose.

This is the first Rea­son drawn from Conscience.

Conscience is a very flexible Rule, Reas. 2. 'tis pli­able to every passion; 'tis easily tainted with prejudice; 'tis byassed by self-interest: and therefore without Laws a most dangerous guide, &c.

• 1. Like a broken Bow, every passion is able to make it start aside, and forget its business: Diis proximus ille quem ratio, non ira, movet. 'Tis a rare thing to [Page 34]finde that man, whom, not Rashness, but Rea­sons governs. How ea­sily is Conscience by­assed with foolish pity? then which, in a Judge, scarce any thing is more dangerous: both the Truth and sad Effects of this, he that runs may read, in Eli's carriage to his Sons: his gentle Reproof, how ill did it become their horrid and notorious Practises?
  1 Sam. 2.23
  how far was it beneath the just rigour of those holy Laws, which they had transgressed? what dishonour brought it to the Name of God?
  Vers. 17.
  [Page 35]what Judgements upon his people? The vilest Miscreants, what En­couragement would they take in their wick­edness, were Conscience only to be their Judge? how would base Na­tures presume to bribe it with their tears? and how apt were it to be so dealt with? I have often observed, (and do think it is not the least Ground of that experi­mented Maxim, Sanguis Martyrum est semen Eccle­siae) that Misery will ex­tract Compassion to­wards our most bloody Enemies, our greatest [Page 36]Opposites: nay, the very pains and charge, which, even wicked acti­ons expose men to, were Conscience the Judge, must be looked upon. 'Tis pity Ziba should lose his Asses, his Jour­ney, and his Good Will too. Were this the Rule, the cry of Justice against a Thief, an A­dulterer, would scarce be heard, amidst the sad and loud Complaints of Wife and Children: but such foolish pity would destroy a Common­wealth: though this Af­fection be most com­mendable in others, yet [Page 37]is it blame-worthy in a Magistrate. But more of this in the Applica­tion. And since Envy, Malice, with several o­ther of the Passions, do more violently prose­cute their Ends, then this of Pity; what hath been said of it, might with advantage be spoken of them.
• 2. This flexible Rule, is easily infected with prejudice: while Con­science sits Judge, those have a singular advan­tage, (if I may use that vulgar saying) who cry Whore first, who are the Plaintiffs. This poor [Page 38] Mephibosheth knew, to his cost. David is so byassed by the Servants prece­dent Information, that the greatest satisfaction his Master, whom he had slandered, can ex­pect, is to come off with loss: half his Estate he must forfeit; and 'tis well he scapes so. How were that Princes eyes stricken blood-shot with Ziba's false Gloss? nor did this prejudice, like Paint upon Church-Windows, only keep out Light; but, as he that looks through a coloured Glass, thinks all Objects of that dye; [Page 39]and knows not how to undeceive himself, unless he change his medium: so doth David's Con­science, being thus tainted, judge Mephi­bosheth's righteous Cause of its own colour. Thus known Laws would not have done: they are not so easily stain'd, but keep their native complexion. [...], they are deaf as well as blinde; they scorn to lend an ear to mens se­cret whisperings; but approve much better of Solomon's Rule then Da­vid's Practice, Prov. 18.17. He that is first in his [Page 40]own cause-seemeth just; but his neighbour comes and searches him.
• 3. This flexible Rule is easily bended by self-Interest. Did those that sit in Judgement lie un­der only the controlls of Conscience, how rea­dily might they say, The Case is altered, when they perceive it either to concern themselves, or any who could but pur­chase their Favour? Have you read that sto­ry concerning Judah and Tamar? Gen. 38. and did you observe how suddenly his Judgement varied? self-centriety [Page 41]drew Conscience to two opposite Points in an in­stant: in the 24 verse, he commands her, without farther deliberation, to be burnt. But good men will be partial towards themselves. When he understands by whom she was with childe, though this aggravated her Crime also, (for what before he thought Whoredom, now proved Increst) how easily did this Judge remit the pu­nishment? Were Con­science ever so quick-sighted; (though we shall anon prove its eyes to be but dim) [Page 42]could it, like some well-touch'd Needle, point exactly where it ought; yet as Iron would that, so would Gold draw this aside: as the juxta-po­sition of the smallest Loadstone would put the Needle into a qui­vering posture; yea, make it dance the Round, not knowing in what part of the Com­pass of settle: even just thus is every selfish Re­spect, apt to deal with Conscience. And how dangerous were it in the midst of a troubled O­cean, to sail by a Wea­ther-cock-Needle? How [Page 43]impossible for the most skilful Artist to work exactly by a Leaden-Rule?

This is the second Reason drawn from Conscience.

Conscience is a de­fective Rule; Reas. 3. 'tis too scant to measure out Justice in its due and full proportion. We have already proved it to be but a reflected Light; and 'tis a known Ma­xime, Quòd Radii reflexi sint semper imbecilliores, that reflected Beams are more feeble then direct ones. If with a strong Hand you strike a Ball [Page 44]against the Floor, visi­ble Experience will shew you, that it makes not its Rebounds with so forcible a motion as it was carried thither. Nay, the Light by which Conscience pro­ceeds in its work, is but a Reflexion of a Reflexi­on: for even the Under­standing it self sees but with borrowed eyes. Stars have no Native Lustre of their own: but that which sparkles in them, they derive from an higher Fountain; and so doth the Intellect. Conscience receives its Light, but at the second [Page 45]or third Rebound. And how impotent are the Moon-Beams, when compared with the Sun's more powerful and a­ctive Rays? But be­sides this, even Reason it self, which holds the Candle, while Consci­ence reads, is but a poor contracted thing. Ho­mer's Wisdom might have been abbreviated into as narrow an Epi­tome as his Works: a Nut-shell would have held them both. How few are there that un­derstand what recta ratio means? Do not the Wisest see weakness e­nough [Page 46]in themselves to make them blush? How easily doth the next plausible Author, or a­ble Disputant turn us from what but now we thought, a well-resolved Judgement? Did not the Wise Philosophers bathe themselves in the dirty Puddles of Error? Aristotle votes the World Eternal. Plato places rational Souls in fixed Stars. Heaven must be their Mansion-house; while earthly Ta­bernacles are fitted for them. Pythagoras thwarts at once both Scripture and Reason: though [Page 47]that asserts, The Spirits return to God that gave it, Eccles. 12.7. Yet this Philosopher, upon its parting with its Body, clips its Wings, and keeps it here; and ra­ther then fail, even Bruits of the most igno­ble species, must give it Entertainment. In his Opinion, Actaeon's Dogs, having eaten their Ma­sters Body, might drink up his Soul. We must confess, (for the Word of Truth hath spoken it, Gen. 1.27. compared with Col. 3.10.) that the Image of an Infinite Wisdom, was once im­printed [Page 48]upon the Soul of Man: and the Stoicks gaz'd so long upon, but the ruines of this beau­tiful Object, till, like Narcissus, they grew enamoured of their own Pictures. 'Tis true, Reason was once a most bright and glorious Torch: but alas! be­ing confined to the dull and dusky Lanthorn of humane Bodies, this Candle of the Lord, (for so the wise Man calls it) is waxen dim, Pro. 20.27. and shines but weakly. And if the Window be grown so darksom, which should let in Light to direct the [Page 49]Conscience in the ways of Equity, Truth and Peace: if Reason, which is the only Guide to its feet, and Lamp to its paths, be thus over-cast with the shades of Er­ror, without the as­sistance of known Laws, it can be but an unsafe Rule in matters of Judi­cature.

This is the third Reason drawn from Conscience.

Conscience is a most uncertain Rule, Reas. 4. I mean not only incertitudine Ob­jecti; for its flexibility hath proved that in part already; but incertitudi­ne [Page 50]Subjecti: even those who were to walk by it, could never be acquaint­ed with it. Whence would ensue an impossi­bility of obedience; the dis-joynting of a Commonwealth; with a continued fear and diffidency in the mindes of Subjects. And

• 1. these, though inno­cent, would always be in a trembling posture, always in fear of the Revenger: for unless Consciences were all cast in the same mould; those very Actions which please them­selves, as being corre­spondent to their own [Page 51]Light, might incense their Rulers.
• 2. And since Obedience is no­thing else but the corre­spondency of Mens Beha­vior to the Laws of their Magistrates; which can­not be without a know­ledge of those Laws; this, where the Rule were so unsearchable and hidden a thing as Conscience is, would be impossible. Not with­out just cause therefore, hath the Prudence of al Ages, made Promulgati­on, de essentiâ Legum, this must ingredi Definitio­nem. Suarez and Aqui­nas dare not venture up­on [Page 52]the description of a Law without it: 'tis the pub­lication of Acts and Or­dinances, which stamps upon them their com­manding power. Sub­jects till then, are neither bound to own them, nor submit unto them. Some do thus expound Paul's circumcising Ti­mothy, that notwith­standing this Ordinance were long before abro­gated, yet was not that so publickly declared till Paul afterwards did it himself, Gal. 5.2, 3. I want time to shew you how the Supreme Le­gislator hath still di­vulg'd [Page 53]his Will and Pleasure to his Subjects:
  Rom. 2.14, 15.
  first by the silent voice of Natures secret Di­ctates: then, by the louder noise of Thunder upon Mount Sinai: and since, in a more Gospel-strain,
  Heb. 1.1, 20 Mat. 5, 6, 7 cap.
  by the milder blasts of Sion's Silver Trumpets: And to what end was all this? but that the rebellious Sons of Adam might not think with an ignorantia invincibilis, to palliate their Disobedience.
• But 3. the uncertainty and variableness of this Rule would dis-joynt a Commonweal: 'twould [Page 54]suddenly speak it; yea, of necessity make it an Heterogeneous Body: for according to the indiffe­rent capacities of those Men who were to judge, 'twould be partly Hay, and partly Stubble; partly Gold, and partly Dirt. Laws were always esteemed the very form of the Politick Body; and the compositum can­not be unum quid, where the form is multiplex. I remember an Exercitator in these times, hath urg'd this Argument against the erecting of Judiciary Courts in each County; That the various Con­structions, [Page 55]which would be made in these Courts, though upon one and the same Law, must needs breed great confu­sion; and in a short time make the Com­monwealth strangely unlike it self. Then how much greater confusions must our Constitution beget? in which the Laws will be as various as the Mindes of Men; among which there is such disparity, that these words, Quot homi­nes, tot sententiae, have now for some hundred yeers been thought to spell a Truth. Were [Page 56]Conscience the Rule in matters of Judicature; what commends a Man in this City, in this County, might hang him in the next: what this Magistrate enjoyns as a Duty, another, liv­ing perhaps in the same Town, whose Consci­ence is of a larger or more contracted size, shall forbid as a Vice: what Monsters would Cities, Kingdoms, Com­monwealths be, were this project set on foot?

This is the fourth Reason drawn from Conscience.

Conscience is most [Page 57] arbitrary Rule: Reas. 5. were a Judge confin'd to no o­ther Bound, since this and the Will lie cloy­ster'd up in the same Breast, he might pretend the one, and yet be acted by the other: his pri­vate sic volo, sic jubeo, would quickly supplant it, and supply its place. Nor can any thing be more dangerous, then for the Wills of some few, though good Men, to become Laws unto all others. Did I say, their Wills? yea, their vilest Corruptions. David's Lust must be Joab's Law, and Uriah's Death, 2. Sam. [Page 58]11.15. The Envy of some, and the Ambition of others, would be the poor Plaintiff's non ul­tra, like the Decrees of the Medes and Persians, unalterable. And what insufferable enormities would this of necessity produce? To enthrone Conscience in the Seats of Judicature, were to put so unlimitted a Power into the hands of ordinary Men, as hath always make Kingdoms and Nations to groan under it, when executed by the wisest and best of Princes. Though Joab, Shimei and Adonijah, di­ed [Page 59]justly, and their Blood let it rest upon their own Heads; yet the manner of their Con­demnation, were enough to make the most inno­cent Subjects tremble. Were Conscience the only Rule in matters of Judicature, the descri­ption of an Heathen Tyrant, and Christian Magistrate, would be one and the same: this Motto, Stat pro Ratione Voluntas, would indiffe­rently serve them both. And have you read their Pressures who live in the Torrid Zone of the Turkish Empire, who [Page 60]sweat and sigh under the weight of that Iron Scepter, which is weilded by the Ottoman Race, where the Sul­tan's Nod is enough to strangle the Greatest Persons in his Domini­ons? why know, that to invest Conscience with the forementioned Authority, were to place a Monarch equally absolute in each petty Jurisdiction.

This is the fifth and last Branch of the second Ar­gument drawn from Consci­ence.

The third is taken from our Judges, Arg. 3. or the Managers of this unsafe Rule, What they may be: And although we have hitherto supposed them to be Davids for Piety, and Solomons for VVis­dom, (and many such we presume this Age affords) yet in time they may be, the weakest and worst of Men. Any, who can but draw the specious vail of an high Profession over the most notorious Actings; any whom Estate or Cun­ning, can usher upon the publick Stage, & render conspicuous among the [Page 62]vulgar: yea, some per­haps, no less forlorn in Practice and Principles, then those foretold by Christ, John 16.2. who shall think the Blood of God's faithful Servants, a well-pleasing Sacri­fice: and whether to trust these with the weilding and forging of a Civil Sword; whether to put so sharp a Tool into such mad Mens hands, be not dangerous, let any judge.

This is the third Argument.

The fourth is taken from matters of Judica­ture, Arg. 4. what they are: And [Page 63]they are sometimes matters of intricacy, and always matters of weight.

1. They are some­times matters of intricacy; and we have already de­monstrated a scantness in Conscience to measure such: mens single and in­digested thoughts, with­out the assistance of known Laws, are sel­dom able to dis-entan­gle them: for omnis festi­natio caeca est, they are the words of Seneca: He cannot describe a Coun­try, who rides Post; nor those Judges search an intricate Cause to the [Page 64]bottome, who make haste. And 'tis not imaginable, that our consciencious composers should dwell long upon what is brought before them, if their labours be not well rewarded: for though the novelty of such a Trust may make them Zealous for a season; yet this with­out Oyl will soon de­cay. They'll read, and quickly learn to construe so much Latine, Propter Officium datur Benefici­um, That Pains and Pro­fit ought to be Conco­mitants. And now, though the Grand Pre­tence [Page 65]in the Infancy of this Constitution, must be the Subjects Ease, and the greedy Law­yers deserved Ruine; yet the event wil prove, that the fairest proportion of Justice, may be pur­chased by the heaviest Purse. Nor are the best of Men secured from this Temptation; for, a gift blindeth the wise, and perverteth the words of the righteous, Exod. 23.8.

But 2. they are al­ways matters of weight. Solomon's Observation, touching the terrible effects of a Prince's [Page 66]wrath; that 'tis as Mes­sengers of Death, Pro. 16.14.20.2. and his Fear like the roaring of a Lion; are chiefly grounded upon this Truth: not only Men's trifling Concerments; but whatsoever is most dear unto them, falls under the Jurisdiction of their Magistrates: and that Fence will not be­come our Closets, which may yet secure our Gar­dens: what speaks our Lumber sufficiently safe, would render our Plate and Jewels hazardous. Though it were but a pardonable over-sight, to adventure the dispo­sal [Page 67]of some supernume­rary Enjoyments, with­out the Conduct of known Laws: Yet since our Estates, our Lives, our Liberties do all de­pend upon the Breath of a Judge: and (to let pass what we have spoken in the third Argument) since the Mercies of Men are Cruelties, (for so much may be in­ferr'd, as the Antithesis will evince, from the Reason of David's choice:) I say, 1 Chr. 21.13 it be­ing thus; 'twill be dan­gerous leaving this Breath arbitrary or subject to no other Check but that [Page 68]of Conscience, a Rule which cannot be mea­sur'd by any other a­bove, or without it self. But more of this in the next.

This is the fourth Argument.

The fifth and last Ar­gument to prove Con­science without Laws an unsafe Rule, Arg. 5. &c. is taken from some grand Inconveniences which would follow upon this (I mean, besides those which may be rational­ly drawn from what we have said already) and they are among many o­thers these three.

• 1. Were the known Laws of a Nation can­cell'd, the Jus positivum laid aside, and Conscience seated in its Room; this would inevitably drive us to the Judicial or Mo­ral Law, or else to the Scripture it self, as our final Umpire in all Con­tentions; for sin being only the swerving from some received Rule, 1 John 3.4. Rom. 5.13. these Judges, unless some such Rule stand by them, can pass no Judgement upon their own or others Actions. And should the Magi­strate regulate his Con­science [Page 70]by the Judicial Law, how unsuitable were that in many things to the present state of these Nations? Were Theft among us only punished with a re­storing fourfold; how many thousands may be found, who rather then work, or want, would venture that? If by the Moral Law, with­out some large and vo­luminous Comment, (too large, I fear, to be often read) even wise Men would be unable, by its sole Direction, to determine many, yea, most Controver­sies. [Page 71]And although the VVord of God be a most Holy and Perfect Rule; yet the deplo­rable Experience of these Times, is Proof sufficient, that this also may be wrested to the indirect and collateral Aims of wicked men: How easily, how of­ten is it abused by the Ignorance of some, and the Corruption of o­thers? VVere the Ap­plication of this Righ­teous Law left to Con­science, the Quakers Dreams might com­mence uncontrollable Edicts. Some would [Page 72]leave their VVives, their Children, their Fami­lies; and our Saviour's VVords, Mat. 19.29. must both justifie and commend them. VVere this left to Conscience, Tarquinius his Counsel would be practiced in these Nations; our tal­lest Poppies, Men of Estates and Eminency, must be cut off: Com­munity, that now ex­ploded Levelling Prin­ciple, would resurgere è Sepulchro, rise out of its loathsom Grave, (where long may it lie buried) and tread, what hath hitherto opposed it, un­der [Page 73]its feet, unless you'll expunge Acts 2.44. which proves, that they parted their Goods, and had all in common. Were Conscience once commissioned, to ex­pound and apply Sa­cred Truths to Civil Matters, how soon would some enlarge the Borders of this Para­dox, Dominium fundatur in Gratiâ? Not only Power, but Possession; both a Right to Rule, and a Right to Enjoy, would be founded in Grace: this dangerous Tenent, That the Godly must have all, and others [Page 74]nothing, would march furiously with a Jus Divinum proclaim'd be­fore it; because the Lord hath said, that the meek shall inherit the earth;
  Psal. 83.11
  and Paul tells the Corinthians, that all was theirs, 1 Cor. 3.22.
• 2. To appoint Con­science without the superintendency of Laws, our Rule in Mat­ters of Judicature, would put the Legislative and the Executive Power, in one and the same hand. This is another grand Inconveniency, which the Prudence of our An­cestors hath carefully [Page 75]prevented, by causing these to run in different Chanels. 'Tis a good Note of the Lord Ve­rulam's, That Judges ought not, Jus dare, sed, Jus dicere: their Work is not to make, but to apply the Rule; whiles he that steers by no other Compass then his own Conscience, doth both. Which (to omit, that the Emphasis of Tyranny must needs attend it) would make Men shie and timerous, how they denounce the justest Sentence; and likewise cause much o­dium to reflect upon [Page 76]them, from such as fall within their reach; be­cause the Law that pu­nishes, shall be e­steem'd his that judges. We scarce ever observe, (which I speak not in disparagement of that way; so it be free, and not forced; for doubt­less, 'tis a most com­mendable and Christi­an course, 1 Cor. 6.5.) I say, we seldom observe a Difference, though but in ordinary and petty matters, referred to Arbitrators; but those who undertake it, from one side or the other, shall contract ill Will, [Page 77]for doing but their Duty in it: while known Laws, standing in the room of a third Person, even he that feels the smart of these, cannot but applaud their Recti­tude, with the faithfulness of his Judge, and quar­rels only with the ob­liquity of his own Acti­ons.
• 3. To leave Conscience thus independent in Ju­diciary Proceedings, would render the most unjust Magistrates un­accountable, since no Sentence could be so horrid and villanous, but might take Sanctu­ary [Page 78]in the Bosome that pronounced it: for 'tis impossible to convict such of Irregularities, who may plead a Con­formity to that Rule, which none can examine but themselves. If John of Leyden, the Prodigy of this last Century, will say, 'Tis his Con­science to have fifteen Wives at one time: to seize the Estates of all who dare not joyn with him in his wicked Projects: to convert heaps of learned and useful Volumes into a Flame: to murder his own Wife only for pi­tying [Page 79]the languishing Inhabitants of poor Munster, the miserable Scene, upon which were acted these Abo­minations. And if that Conscience be his Rule: these Practices need no further Justification; his ipse dixit must stand: 'tis not for Man to con­tradict it, since God a­lone can try the reins, Jer. 17.10.

These are the three grand Inconveni­ences, and our fifth or last Ar­gument.

The Doctrine thus [Page 80]confirmed, will afford us these following Uses: viz. A Word 1. of Exhor­tation; 2. of Caution; 3. of Encouragement; 4. of Humiliation; 5. of In­struction.

Are the Consciences of Wise Men an unsafe Rule? Use 1. Then hence let me speak one Word to those Honourable and Learned Persons, whom Providence hath ap­pointed to sit in Judge­ment in this Place, and at this Time. And, my Lords, let this Text and Doctrine, perswade you to stick close to those [Page 81]Laws by which you are govern'd your selves, and ought to judge o­thers. That Magistrate is not fit to act, who is so shackled with the scrupulosities of his pri­vate Conscience, or ra­ther over-weening Fan­cy, as not to keep pace with the Rule he is sworn to walk by. We doubt not, (and let his Name be praised for it) but the Lord hath, in a high measure, bestowed up­on you Solomon's Por­tion, even wise and understanding Hearts. And if Laws were only the free Ebullitions of [Page 82]Reason, there were some Pretence why that Wis­dom without these, might be your Guide: But your Lordships know, That the Jus Proprium in most Nations, is lit­tle other then the Pro­duct of Experience and Necessity: for ex malis Moribus fiunt bonae Le­ges. And those that chase the Wilde Boar, must not think to make their pursuit in a straight Line (though that were more beau­tiful and commodious) but must follow as they are led. Even so our Law-givers in all Ages, [Page 83](being to pursue the Vicious Humors of Unreasonable Men, through their untoward Mazes, and wilde Maeanders) did some­times step out of the Paths of Reason, 'cause what they followed was Irrational. Hence 'tis that Laws differ as much as Climates; what one Country explodes, the other applauds; while Reason is the same in all Places. That's the first Branch of this Use, Let your own private Reason strike Sail to known Laws.

Secondly, As Judges may not relie upon their own Understandings; so neither listen to the Pleadings of their own Affections: for the Judge himself is condemn­ed, when the Guilty is acquitted. As Preju­dice must not perswade your Lordships to tor­ture Laws; so neither Pity to gagge them. These are the Sylla and Charibdis, the two Rocks your Lordships ought carefully to avoid: for he that justifieth the wick­ed, and he that condemneth the just, even they both are an abomination to the [Page 85]Lord, Prov. 17.15. And wonder not at this, since Lenitas erga malos est cru­delitas erga bonos; when the Wicked are par­doned, the Righteous are punished.

If any object, Object. That Mercy and Justice inter­woven, is that Robe which best becomes a Judge; and that Ma­gistrates, being called gods, ought to imitate the Lord in that, e­ven as in other Attri­butes:

We answer by grant­ing the Allegation, Answ. but with this Difference, That God hath mercy [Page 86]upon whom he will have mercy; but they, upon whom they ought: for though it be his Glory to conceal a thing, yet is it their honour to search out a matter, Prov. 25.2.

This is the first Use, A Word of Exhor­tation.

Is our Doctrine a Truth? Use 2. Then take heed of being again decoy'd into the least Appro­bation of these, or the like Destructive Princi­ples: That Common­wealths may be governed without the known Laws: [Page 87]That consciencious Men, without the guidance and superintendency of these, can steer a State. Recol­lect what hath been al­ledg'd, concerning the impossibility of this. What though thou art thy self rais'd above that Oppression and Mischief which would ensue upon it? yet re­member, thy poor Neighbours are not, and thy Children may not be. There are some, who (like that traitorous Underminer of his Fa­ther's Kingdom, 2 Sam. 15.) do stand in the Gate, wishing that [Page 88]they were Judges in the Land; and that Men might bring their Suits to them, for they would do them Justice. But know, that there is much difference be­tween Absolom on Foot, and Absolom on Horse­back; he kisses in one posture, but kills in the other: He that's cour­teous in the Stirrup, is churlish in the Saddle. The Hedghog is no sooner entertained in the Fox's Den; but he sets up his prickles, and tells his Host, If he like it not, he may leave him there. Could the [Page 89]grand and primary Pro­jectors of this reform­ed Model, have ac­complished their Ends, though they seemed be­fore to want Fingers, yet would they then have found Claws. 'Tis dangerous tasting Poy­son, though wrapp'd up in Sugar. And this Design of Extir­pating Laws, and En­throning a pretended Conscience in their room, was too loath­some to be otherwise swallowed; too de­formed to appear with­out a vail: for if the Wolf will enter the fold [Page 90]with the Sheep's con­sent, he must wear their Livery.

Do any object, Object. That this Discourse and Cau­tion are both out of sea­son?

My Answer is, Answ. That I could wish them more out of season, then I fear they are: for that Physician must love his Profit too well, who is quarrelsome because his Neighhours are not sick. Besides, though God hath blown this Cloud from off Men's Understandings at pre­sent; yet how soon its scattered parts may re­unite, [Page 91]and a second time over-spread us, we do not know.

This is the second Use, A Word of Caution.

Is the superinten­dency of Laws so re­quisite, &c. Use 3. Then let this encourage Magi­strates, both in their Work, and in their Way. In their Work: For this Doctrine speaks it high­ly necessary. We can­not live; our Com­monwealth cannot stand: but without it, sinks under its own un­weildy Bulk. And be­cause, [Page 92]to have no Rule, and having one, to want Knowledge how to use it, is the same thing; This Doctrine doth commend their Way too: for our Magistrates are acquainted with this Rule; they are vers'd in the known Laws of these Nations, with­out which, Justice would be defective, e­ven lame as well as blinde; and Conscience but a feeble Reed, sha­ken with the Winde of every passion: Law is the Compass, by which our Magistrates direct their Course; [Page 93]and the want onely of this Pilot, made Da­vid's Judgement so Op­pressive, his Sentence so Injurious.

This is the third Use, A Word of Encouragement.

Is Conscience with­out Laws, &c. Use 4. Then let this humble the wisest and best of Men, while our Doctrine dis­plays before them their own Frailties. Let them blush to see what poor contracted things they are; how easily turn'd aside with every slanderous Breath; how [Page 94]unable to judge, even the smallest matters.

Nor may any ob­ject, what some have said concerning Na­tures Law, (from which [...], or primary act of Conscience, dif­fers onely ratione) that this Law is the clearest Light, the best Guide; for I have heard that al­ready: and that those who act according to its Dictates cannot erre; for I have heard that too. I have read these and other the like En­comiums of Nature: Idem beatè vivere & se­cundum Naturam, ad il­lius [Page 95]Legem Exemplumque formari sapientia est. But pray who was it that thus commended Na­ture, but some con­ceited Stoick; some purblind Heathens, who had lost their eyes with doating so fondly upon so foul a Mistris? Doth not Scripture teach us, that Nature is bruitish, blinde and dark? Doth not Experience teach us, that Conscience is turn'd and Ignis fatuus, and leads us into the paths of Er­ror? 'Twas once in­deed a Star of the first Magnitude a bright and shining Taper: But [Page 96]alas! how is it now de­praved? how surround­ed with smoak and blackness? It receives its Light onely from an eclipsed Sun, from a beclouded Intellect; and that Moon which doth so, will shine but feebly.

This is the fourth Use, A Word of Humiliation.

If the Consciences of wise and good Men be so unsafe a Rule, &c. Then, Use 5.

1. Hence we may learn, what pitiful work would wicked [Page 97]Men and Fools have made? what lament­able Stories would a little Experience have told of such? How many Innocents must have groaned under the Pressure of their Ri­diculous and Unjust Decrees? If a Sen­tence so Unreasonable, (as this in our Text) drop from David's Mouth, what may we expect from Saul's? Ziba so far prevail'd with the Former, as to rob one Man of his Estate; but Doeg so far with the Latter, as to bereave some [Page 98]Hundreds of their Lives: Fourscore and five of the Lord's Priests may dye their Ephods in their own Blood, 1 Sam. 22. He chose the better part, who desired, rather to Live under the most cruel Tyrant that a­cted by a Declared Rule, then under the best Prince without it. And if the Holiest Men in these Nations, with­out the Guidance of known Laws, be un­capable of so great a Trust; Then, doubt­less for the Consciences of Malicious Selfish [Page 99]Hypocrites to be made the Standards of Right and Wrong, had been most sad, and dan­gerous.

2. Hence we may learn, to look back, with silent Admirati­on, upon that despe­rate Rock we have e­scaped; to review that Unavoidable Ruine, which so lately threat­ned us, with a thank­ful Astonishment. 'Tis not long since we saw some seated in the room of the Judge, who nei­ther knew the Laws, nor pretended to act by them. 'Tis not long [Page 100]since Wise Men in a Distracted Posture, stood gazing upon each other, listning dili­gently what horrible Desolations their mis­guided Zeal would give Birth unto, whose Grand Consultations were, how to rase the Foundation of this Commonwealth, and Extirpate its Laws. Hath that Eye which neither slumbers nor sleeps prevented this? Break forth into praises for so great, so unde­served a Mercy.

3. Hence we may learn, To bless the Lord for that [Page 101]eminent Assistance and Direction he graciously vouchsafed his Servants lately assembled in Par­liament: To bless the Lord for giving them Courage and Resolu­tion to assert the known Laws of these Nations, the standing Rule by which they must be go­vern'd: To bless the Lord for putting into their hands that Ariadne's Thread, which hath been their Conduct to so hopeful a Settlement, through the thick Dark­ness of former and late Confusions: Yea, To bless the Lord that out [Page 102]Supreme Magistrate is now a second time en­gaged by Oath to Ma­nage his Great and Weighty Trust, accor­ding to the Laws of this Commonwealth: And that in so good a Mea­sure God hath restored our Judges as at the first, and our Counsel­lors as at the beginning.