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 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 a 2 Pet. 2.15 that wages or reward of iniquity b Deut. 16.19 For a gift will blind the eyes of the wise and pervert the words of the just The love of money is the root of all 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 a Noct. Alt. Lib. 11. c. 9. A. Gellius that when he should have pleaded the cause of the Athenians against the Milesians he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and took a bribe to hold his peace He pretended indeed some disease or squincy in his throat and therefore came 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 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b Levit. 19.15 a respecter of the persons of men either by honouring the persons of the mighty or pitying the faces of the poor because c Prov. 18.5 it is not good to accept the persons of the wicked or to overthrow the righteous in judgment Not good No there is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to teach us that it is abominable and pernicious God himself complains of it d Ps 82.2 How long will ye judge unjustly and accept the persons of the wicked It seems by this how long that God is wearied and grieved with such kind of judgment Hence good King Jehoshaphat according to his name the Lord Judgeth thus strictly chargeth his judges e 2 Chron. 19.6 7. Take heed what ye do for ye judge not for man but for the Lord who is with you in the judgment e 2 Chron. 19.6 7. Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons nor taking of gifts Lastly 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 f 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 for his offences but hate him he must not g 1 John 3.15 For he who hateth his brother is a murderer and ye know that no murderer hath eternal life abiding in him So much for the second thing required to the due administration of 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
〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 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 'T is 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 a Nec uilâ re propiùs homines ad Deum accedunt quà m salute hominibus dandâ Cic. pro Ligar neither doth he resemble God himself in any thing more than by shewing Mercy and pity b 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 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 c Diog. Laert. Zeno. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. who taught 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that mercifull men were fools that it is difficult to be mercifull and wise a Neminent misericordem esse nisi stultum levem Cic pro Mur. that Mercy is but the imperfection of a weak mind They grant indeed that it is the part of a wise man to 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 b Illud satis est ad coarguendum hominis errorem quod inter vitia morbos misericordiam posuit Lact. Inst Lib 3. c. 22. Zeno's Porch but from Christ's School A Christian without Bowels is a contradiction in the Adject †Coll. 3.12 We are commanded to put on bowels of mercy these we are to put on and wear as our richest robes and ornaments Our Blessed Saviour took our nature upon him that he might be sensible of our infirmities and a compassionate Mediator How 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 c Clem. Alex. Strom. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Rhet. Lib. 2. c. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sorrow for a person who suffers wrongfully suffering innocency is the proper object of mercy
for no man pities a Traitor or Murderer when he is deservedly punished Saint August thus defines it a De Civit. Dei Lib. 9. Cap. 5. Misericordia est aegritudo ex miscriâ alterius injuriâ laborantis Cic. Tus 4. Misericordia est alienae miseriae in 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 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 or at most not too many Laws are the Medicines of a State the fewer and simpler I mean without mixture such medicines are the better There is much danger you know in too much Physic and so there is in too many Laws The whole Moral-law is contained in Ten Precepts and those Ten are by our Saviour reduced to Two a Matth. 22.37 38. the love of God and the love of our Neighbour Zalcucus the Locrian Lawgiver as Strabo writes made but few laws which his successors either by too much 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 a Corruptissimâ Repub. plurimae Leges Tac. An. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato Ut olim flagitiis sic nunc Legibus laborari An. 4. Such a superfoetation of Laws is an evident sign of some corrupt distempers and manners in the body politic Too many Laws beget too many 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 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 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 'T is 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 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 b Nulla unquam de morte hominis cunctatio longa Juven that the Magistrate in such a business of moment as the death of a man is should not fear the blame of convenient or reasonable slackness That although the bodies of such Criminals be sentenced and consigned to a deserved punishment yet some care ought to be taken for their souls and some convenient time allowed them for ghostly 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 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 'T is 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 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 b Psal 122.5 even the thrones of the house of David now c 2 Sam. 8.16 David reigned over all Israel and executed judgment and justice to all his people So we read of Messiah the son of David d St Joh. 5.22 27. The Father judgeth no man but hath committed all 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 e 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 f Dr 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 a 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 b 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 is the great necessity of this Judgment in all Governments Judgment is an act of Justice not onely lawfull but 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 Body-politic 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 'T is 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 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 a Matth. 26.25 He that takes the sword shall perish by the sword b Ro. 12.19 Vengeance belongs to God and the supreme Magistrate who is his representative no man therefore 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 c 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
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 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 our persons from violence and our estates from plunder In fine a 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 b 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 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 conversant and well versed in laws A Magistrate may well be ignorant of some Arts and Sciences which are less necessary for his Government but by no means of those laws by which he is to Govern his people Secondly I observe that Monarchy the first and best of Governments in the world whereby Magistracy is preserved in its original power and dignity and good laws are enacted and executed by mercy and 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 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 a Prov. 8.15 Dan. 4.25 Rom. 13.1 Scriptures by b Just Mart. Tertul. Iron Christian Apologists Fathers Councils nay even c Hom. Hesiod Eurip. Plat. Heathen writers to have a divine character or stamp set upon it which was never 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 a Hom. Il. ss 445. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which very well agrees with that of our Royal Prophet b Sons of the Most High Psal 82.6 And yet there are some other Diotrephees not Sons of the Most High