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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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but sons of earth who as Saint c Epist 3.9 John writes of them are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lovers of supremacy These proud ones kick at Monarchy set their cloven feet upon the necks of Kings and Emperours Whose sacred Persons in ordine ad spiritualia that is for the advancing of spiritual wickedness and the Kingdom of Antichrist they most impiously censure excommunicate depose and murder which is most abominable down-right Sacrilege and the cause of the greatest mischiefs and villanies that have been committed hitherto in the Christian world and God only knows what further troubles and dangers these Pests may bring upon us Thirdly I observe That mercy and judgment that is a Lex Christi neminem privat jure dominioque suo the power of life and death doth of right belong to the supreme Christian Magistrate as well as to the Jewish or Heathen This truth we maintain against a generation of unreasonable men who have the face and confidence to affirm that it is not b Pont. cont Haer. Sleid. Com. Lib. 10. lawfull for a Christian to be a Magistrate a King or Prince or to have the power of the sword That Christians should have no Courts of Judicature no Laws Statutes Pleadings and that it is not lawfull for them to take an Oath c Non eripit mortalia qui regna dat caelestia As though that which is necessary to the well being of mankind was not as lawfull for Christians as for Jews or Heathens I would ask these grand Polititians by what law are Christians exempt from Governing or being governed Let them tell us if they can This I am sure of that Power and Jurisdiction are founded upon the Law of Nature for the benefit of mankind as may be proved by a plain or manifest induction No man can live happily without the help of others in society no society can stand without some Laws or Government no Laws or Government can subsist without Power to defend them to reward the good and punish evill doers And we are taught that the Magistrate beareth not the sword 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in vain Rom. 13.4 or not without warrant or divine commission for he is Gods Minister a revenger to execute wrath upon him that doeth evil Those then whosoever they be whether in the number of Libertines or Anabaptists or any other Name or Sect who deny the Christian Magistrate his just power and right to defend himself his laws and people from contempt and violence do in effect destroy all Christian societies and would introduce Anarchy and Confusion both into Church and State To these I shall only mention that of Saint Peter 2. Pet. 2.19 Whilst they promise men liberty they themselves are the servants of corruption or perdition Fourthly I observe that the due administration or execution of laws in mercy and judgment is of great concern to a Nation and especially to be regarded by the Magistrate Prov. 17.15 For he who justifies that is acquits the wicked and he who condemns the just are both of them abomination God by his Prophets denounceth woe against them Deut. 27.19 Isa 5.23.10.1 Mic. 2.1 Hab. 2.12 who justifie the wicked for reward and take away the righteousness of the righteous from him Who render those tribunals from whence men expect a relief for their injuries the seats of violence and oppression Fifthly I observe that judgment or the executing of such deserved penalties as the law requireth upon the transgressors of it is not persecution as our phanatical Schismatics would make the world believe Our present divisions and dissentions are still God knows very sad and great Psal 57.4 5. our souls as the Psalmist complains are amongst Lyons and we lie in the midst of the sons of men who are a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Boutescus and Incendiaries whose teeth are spears and arrows and their tongues sharp swords who speak evil of Dignities Jude 8. Psal 89.51 reproach and slander the footsteps of Gods Anointed hate and persecute that very Government and those laws by which they live in peace and plenty With these our Ecclesiastical laws are Antichristian and our Civil laws Tyrannical If the Magistrate deal mercifull with them they will tell you they are not beholding to him because it is God who restraineth his power that he should not touch the Saints But if the law have its due course against them then they cry out Persecution Persecution These are they Qui nec remedium ferre pessunt nec morbum Whom neither mercy nor judgment will reclaim May not we very reasonably suspect what it is they would be at Or can we so soon forget what we have felt and still have just cause to fear a Psal 11.3 If the Foundations be destroyed what can the Righteous do That is if our Government and Governours if our Religion Laws and Peace which are the Foundations of our Nation be destroyed What can the Church of God here planted amongst us do My Lords and you the Worthies of the Honourable Bench It is not only your duty but your interest to endeavour the preservation of these Foundations unto us For in their safty and peace ye shall have comfort and peace and obtain that respect and honour which your Piety Wisdom Justice and Care have merited both from our Church and State For this you shall be called the repairers of our breaches Isa 58.12 and the restorers of peaceable paths for us to dwell in And may the God of Mercy and Judgment still prosper this good work under your hands O let him prosper this your handy work Lastly I observe That under a Government so well composed and setled where Laws are Enacted and executed by mercy and judgment there the people are happy and have good cause of rejoycing and praising God for that mercy and judgment by which they are Governed And if ever Nation had cause to rejoyce for such happiness or to sing of mercy and judgment we now have Our gracious God hath been pleased even beyond our hopes to loose the bands and break the yoke of that Rebellious Tyranny and oppression under which our Church and State not long since so miserably groaned He hath turned our captivity as the rivers in the south Psal 126.4 and refreshed us with the delightfull streams of peace and justice He hath restored our gracious and mercifull King unto us a Iia 1.16 He hath given our Judges as at first and our Counsellours as the beginning and we no longer dwell b Psal 137.4 in a strange land where we could not sing the Lord's song even this song of mercy and judgment What now can hinder but that judgment should flow down like waters and righteousness be as a mighty stream Nothing sure unless our great unthankfulness to God for these mercies and our disobedience unto our lawfull Soveraign O let not our ingratitude or perfidious disloyalty deprive us of these blessings but let our mouths be filled with the high praises of God and our hearts with duty that we may live worthy of that religious worship truth peace and happiness we enjoy and never forget those great deliverances which he hath vouchsafed unto his King and people Oh that men would therefore praise the Lord for his goodness and declare the wonders he hath done amongst us Psal 107.31.32 That they would exalt him in the congregation of the people and praise him in the assembly of the elders a Psal 136.23.26 who remembred us in our low estate and delivered us from our enemies for his mercy endureth for ever And let us pray that no jarring harsh untunable discord or division may ever discompose that excellent harmony of Government which we have both in Church and State but that this Song of Mercy and Judgment may be heard in our Land from Generation to generation Amen FINIS
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