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A27840 Mercy & judgment a sermon, preached at the assises held at Lincolne, July 15. 1678 / by Humfrey Babington ... Babington, Humfrey, 1615-1691. 1678 (1678) Wing B247; ESTC R16275 23,505 38

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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
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