8. Eighthly, In the exercise of justice, you must look that Justice and mercy, that justice and clemency go hand in hand. Prov. xx. 28, ' Mercy 'and truth preserve the king : and his throne is upholden by mercy,' Prov. xxix. 14 ; Ps. ci. 1. Some read the words thus, ' Mercy and justice preserve the king ; and his throne is upholden by mercy.' l All justice wUl not preserve the king, nor all mercy will not preserve the king ; there must be a mixture both of justice and mercy to pre- serve the king, and to uphold his throne ; and to shew that mercy is more requisite than justice, the word mercy is doubled in the text. Justice without mercy turns into rigour, and so becomes hateful ; mercy without justice turns into fond pity, and so becomes contempt- ible. Look, as the rod of Aaron and the pot of manna were by God's command laid up in the same ark, so must mercy and justice be pre- served entire in the bosom of the same magistrate, judge, and justice.^ Mercy and justice, mildness and righteousness, lenity and fidelity, are
^ It is usual in Scripture, by truth, to understand justice.
^King John thought to strengthen himself by gathering a great deal of money to-
20 THE EPISTLE DEDICATOEY.
a safer and a stronger guard to princes and people, than rich mines, munitions of rocks, mighty armies, powerful navies, or any warlike preparations. It is very observable that Christ is called but once the Lion of the tribe of Judah, in the Book of the Kevelation, and that is in chap. v. 5 ; but he is called a Lamb no less than nine-and-twenty times in that book. And what is this but to shew the transcendent mercy, clemency, lenity, mildness, and sweetness, thatjs in Jesus Christ, and to shew that he is infinitely more inclined to the exercise of mercy, than he is to the exercise of justice. It is true, magistrates, judges, and justices should be lions in the execution of justice ; -and it is as true that they should be lambs in the exercise of mercy and clemency, mildness and sweetness : and the more ready and inclinable they are to the exercise of mercy, where mercy is to be shewed, the more like to the lamb they are, Seneca hath long since observed that the custom of anointing kings, was to shew that kings should be above all other men ,of the greatest sweetness and mildness, their anointing being a sign of that kingly sweetness and mildness that should be in them.i Nero's speech hath great praise, who, when he was to subscribe to the death of any condemned man, would say, Utinam nescirem literas, I wish I did not know how to write. 2 But,
9. Ninthly and lastly. You must do justice proportionable to the nature of the offence. Your penalties and punishments must be always suitable to the offence. To punish any fact more severely tlian it deserves, is always injustice to the offender ; for so far innocency itself suffers, as any man is punished beyond the demerit of his offence ; and to punish less than the fact deserves, may be of dangerous consequence to the public.^ The ^oman fasces were a bundle of rods with an axe in the midst, to signify the equity of magistrates in punishing some only with rods, and others with the axe. The Eomans had their rods for lesser faults, and their axe for capital crimes. Justice is then re- miss, when it spares where it ought to punish ; and justice is then too severe, when it punisheth where it ought to spare. Extreme right often proves extreme wrong. He that will always go to the utmost of what the law allows, will too too often do more than the law requires. It is rare, very rare, to see a man dance upon the brink of the pit, and not to tumble in. A rigid severity often mars all ; equity is still to be preferred before extremity. To inflict great penalties and heavy censm'es for light offences, this is to kill a fly upon a man's forehead with a beetle.4 In the French history, there is mention made of an old courtier that would needs depart the court, and retire himself to a private life ; the king desired him before he went to leave his advice in some general rules, what was best to be done in the government of
gether ; but neglecting the exercise of mercy, clemency, and lenity, he lost his people's affections, and so, after many endless turmoils, he came to an unhappy end. [But cf. Chad wick's recent able * King John of England: a History and Vindication based on the Original Authorities.' 1 vol., 8vo., (J. E. Smith,) 1865.— G.]
^Z>e dementia: cf. xiii. and xviii., et alibi. — G.
^ Ibid., the Treatise being dedicated to Nero ; cf. lib. ii., cap. i. — G.
* I have read of the river Nilus, that if it either exceed or be defective in its due over- flowings of the land of Egypt, it causeth famine : the application is easy. Cleobulus, one of the seven Sages, was wont to say that Mediocrity was without compare.
*Cf. Sibbes's Works in former Series : vol. i. 101. — G.
THE EPISTLE DEDICATORY. 21
the kingdom. Upon which motion he took a fair paper, and wrote upon the top of the leaf, Moderation ; and in the middle of the leaf, Moderation ; and at the bottom of the leaf, Moderation ; signifying thereby thus much to the king, that the best way in the world to have his crown set fast, and to keep his kingdom safe, was to manage throughout all his affairs with moderation. And there is nothing more evident in scriptin-e and history than this, that many by screw- ing the pegs of government too high, have broke all in pieces about their ears.
Now, my Lords and Gentlemen, there are five things or rules that will be of singular use to help you in this case, to steer such a course as may be safe and honourable to you, and as may render you a mercy and a blessing to the nation.
1. And the first is this. Never make those things to he sins, ivhick God never made to he sins. To make those things to be sins wliich God hath made to be no sins, is to make gods of yourselves ; yea, it is to lift up yourselves above God himself, as if you were more holy, more wise, more just, and more righteous than the Holy One of Israel is. Indeed the Papists, that are will-worshippers, and commonly highly conceited of their own wisdom and worth, they frequently transgress this rule with their ' Touch not, taste not, handle not,' Col. ii. 21, 23 ; which things have indeed a show of wisdom in wUl- worship, &c. But why should you, why should you, who have a higher pro- fession upon you, and a more clear gospel-light shining every day more strongly upon you ? But,
2. Secondly, Never make those things to he absolute and necessary duties, tJmt God hath noiohere declared to he such, Isa. xxxiii. 22 ; James iv. 12. Such things that do neither fall under a general nor a particular command of God, may not be imposed upon the consciences of men as absolute and necessary duties to be performed by them. A faithful observing of these two rules would prevent a multitude of sins, a sea of sorrows, and a world'of troubles. But,