the fittest season for a business of such concern and moment or R.M. Nachm Gem. San. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Secondly To the sentence of the Judge which should proceed from proofs and testimonies as clear as the day or morning light or Lastly To the speedy and sudden execution of their Malefactours which was for the most part presently after the sentence of judgment or condemnation was passed upon them Fourthly As for King Davids piety that breaths in every verse of this Psalm that actuates and informs every part of his Government whether at home or abroad the holiness and peace of his Family and people was his chiefest care and design Indeed piety is the best policy the great preserver and surest prop of all Governments without which Policy will at last prove but dangerous craft and power degenerate into barbarous cruelty It was reported to the commendation of Themistoeles that though he could not tune an instrument yet he could well tune a Common-wealth Of how much greater commendation must good King David be accounted worthy who was so excellent at both For having tuned the Common-wealth of Israel He then tunes his Harp and plays or descants the harmony of his Government upon it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I will sing of Mercy and Judgment viz. of that Mercy and Judgment with which he Governed his people Indeed the Chaldee paraphrase gives us another exposition of this verse as though the Psalmist had meditated or sung of God's Mercy and Judgment towards himself It speaks thus a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Targ. c. Whether thou deal'st Mercifully with me or dost Judgment with me for all I will sing a Psalm of praise before thee O Lord. But this reading seems to be contrary to the scope of the Psalm and therefore is not followed by many or the most Learned Commentators whether Jews or Christians I have yet met with who take this Psalm to be a song or Meditation of holy David's care and piety in Governing himself his Family and Kingdom by enacting good Laws and distributing rewards and punishments with such impartial Justice that holiness and virtue might be encouraged and advanced but wickedness and vice chastised and suppressed Before the use of Letters was found out the ancient Grecks were wont to sing their Laws which therefore were called a Arist Prob. Sect. 19. Quaest 28. Nec ante cantare destitit quà m inchoatum absolveret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suct Nero. c. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as signifying both Laws and songs So did the Bards and Druids who were an ancient Order of Priests and Poets in this Nation The Philosopher gives us the reason of this use or custom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that men might not forget them Indeed Music and Song are a most sweet and effectual way of conveighing to the minds and memories of men what they should both understand and practise How often doth the Royal Psalmist Psal 20.7.22.27.31.97.12.78.7.35.105.5 Psal 106.7 sing of the divine Laws of God in holy numbers that they might be had in remembrance How often doth his sweet and harmonious notes charm and compose the wild affections of sinfull men and soften their hard and stubborn hearts to a willing submission unto those Laws With such Music or with such a Song of Mercy and Judgment as this it may well be supposed he had before quieted the distemper of King Saul and dispossessed him of his evil spirit a spirit as all such wicked ones are full of presumption and despair Judgment was fit to allay presumption and Mercy to drive away despair I will sing of Mercy and Judgment This song consists of two parts the highest or Cantus and the lowest or Bassus Mercy is the highest part for it reacheth or riseth as high as heaven it self 1 King 19.12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sept. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A small soft voice like to that by which God manifested himself to the Prophet Elijah Judgment is the lowest part Psal 36.6 for it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a great deep reaching as low as hell and making a deep solemn sound like the Angels last Trumpet David most skilfully accords these two together and so makes perfect harmony Had he sung only of Mercy though the ditty might have been very sweet and pleasant yet it would not have been full and perfect Or had he sung of Judgment alone the ground though solemn and grave would have been but harsh and dolefull Mercy slatts and softens Judgment and Judgment excites and sharpens Mercy These sharps and flatts make the best music the excellent composition of both which in the Text will be well worth your attention Mercy and Judgment are the harmony of the Universs the two Poles upon which the world turns and those musical sphears which tune and time the praises of the Almighty Creator who made all things a Wisd 11.20 in number weight and measure the three well known proportions of order pulchritude and harmony Mercy and Judgment are the brightest constellations in the firmament of dominion and Government The stability and strength of David's Person and Throne b 1 King 1.44 2 Sam. 8.18 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Liberatores à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Excisores à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Burgens The Pelethites and Cherethites which were appointed for his Royal Guard The Office of the Pelethites as may be presumed from their names was to defend and free the innocent But the Office of Cherethites to cut off and destroy the guilty Mercy and Judgment the two Testaments mount Sion and mount Sinai mount Gerizim and mount Ebal the one for blessing and the other for cursing Mercy and Judgment Zech. 11.7 Zechariah's two staves Beauty and Bands the one to support and comfort the other to chastise and punish Mercy and Judgment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nazian that admirable pair of Sister virtues which are as benign and propitious to a good Ruler as Castor and Pollux those twin-brother Stars are feigned to be to a fearfull Mariner who when they appear together betoken a speedy and prosperous voyage but when they come single portend nothing but storms and loss so Mercy and Judgment when they go hand in hand together betoken a good and happy government for when Mercy and truth meet together Psal 85.10 then Righteousness and peace kiss each other But where they are alone or single either only Mercy or only Judgment there is nothing but confusion and mischief Mercy without Judgment is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 indeed but in the second or worse signification that is reproach or injury or if you will foolish pity which destroys more than it saves a Sen. de Clem. Lib. 1. c. 2. Omnibus ignoscere crudelius est quà m nulli And Judgment without Mercy is no better than inhuman and brutishcruelty The Jews have well observed that God governs the world by a twofold 〈◊〉
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
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