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THE SWORD-BEARER OR MAGISTRATES CHARGE. ROM. 13.4. For he beareth not the Sword in vaine. THe Apostle here setteth downe a Rule for two sorts of men; the Magistrate, and People;
THE SWORD-BEARER OR MAGISTRATES CHARGE. ROM. 13.4. For he bears not the Sword in vain. THe Apostle Here sets down a Rule for two sorts of men; the Magistrate, and People;
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teaching the one how to governe, the other how to obey. Now, the Magistrate must be the subject of my discourse at this time;
teaching the one how to govern, the other how to obey. Now, the Magistrate must be the Subject of my discourse At this time;
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In whom two things are considerable. 1. Honos, his Honour. 2. Onus, his Charge; his Dignity, and his Dutie.
In whom two things Are considerable. 1. Honos, his Honour. 2. Onus, his Charge; his Dignity, and his Duty.
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He beareth the Sword, there's his honour: the Sword is a type of his authority:He bears the Sword, there's his honour: the Sword is a type of his Authority:
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not in vaine, that points at his office, not onely for pomp, or state, but for use, for execution of justice.not in vain, that points At his office, not only for pomp, or state, but for use, for execution of Justice.
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In handling whereof, I would not be thought presumptuous, as if like old doting Phormio, I would teach Hannibal; for I professe my selfe existimatorem, non magistrum, an Adviser only, no peremptory teacher;
In handling whereof, I would not be Thought presumptuous, as if like old doting Phormio, I would teach Hannibal; for I profess my self existimatorem, non Magistrum, an Adviser only, no peremptory teacher;
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Neither let the name of Sword in these buisie times be prejudicious to what I shall say,
Neither let the name of Sword in these busy times be prejudicious to what I shall say,
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and think not my Sermon the sharper for that;
and think not my Sermon the sharper for that;
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for I shall handle it so tenderly, as neither to provoke any enemies, nor to offend any friends, nor to hurt my selfe.
for I shall handle it so tenderly, as neither to provoke any enemies, nor to offend any Friends, nor to hurt my self.
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First therefore the Honor of a Magistrate stands in two things. 1. His Ordinance. 2. His Preheminence. His Ordinance is of God;
First Therefore the Honour of a Magistrate Stands in two things. 1. His Ordinance. 2. His Pre-eminence. His Ordinance is of God;
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The powers that be, are ordained of God, saith the Apostle;The Powers that be, Are ordained of God, Says the Apostle;
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Submit your selves (saith Saint Peter ) to every ordinance of man, for the Lords sake, Submit your selves (Says Faint Peter) to every Ordinance of man, for the lords sake,
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whether it be to the King as supreame, or unto Governours, as unto them that are sent by him. 1 Peter 2.13.whither it be to the King as supreme, or unto Governors, as unto them that Are sent by him. 1 Peter 2.13.
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Saint Peter calls them an humane ordinance, not in regard of the first institution of it,
Saint Peter calls them an humane Ordinance, not in regard of the First Institution of it,
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but for use. 1. subjectvè, because it is executed by man. 2. objectivè, because humane affaires are the object of it. 3. NONLATINALPHABET, in respect of the end, because ordained for mans good:
but for use. 1. subjectvè, Because it is executed by man. 2. objectivè, Because humane affairs Are the Object of it. 3., in respect of the end, Because ordained for men good:
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yet the Originall is from God. For as in the Creation of the world there was a spirit that formed;
yet the Original is from God. For as in the Creation of the world there was a Spirit that formed;
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so in the conservation thereof, the same spirit reformeth to this day, and that's done by Ruling.
so in the conservation thereof, the same Spirit reformeth to this day, and that's done by Ruling.
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Man being by nature a sociable creature, take away Rule and Power, you undoe mans nature;
Man being by nature a sociable creature, take away Rule and Power, you undo men nature;
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and though sinne brought into the world servitude and slavery, Gen. 9.25. Cursed be Canaan, a servant of servants shall hee be:
and though sin brought into the world servitude and slavery, Gen. 9.25. Cursed be Canaan, a servant of Servants shall he be:
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yet God himselfe ordain'd power and order;
yet God himself ordained power and order;
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there's order among the blessed Angels, if not ex praecepto yet ex consilio: and in every man God hath imprinted a double jurisdiction:
there's order among the blessed Angels, if not ex praecepto yet ex consilio: and in every man God hath imprinted a double jurisdiction:
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one of the soule over the body, that's NONLATINALPHABET the command of a Master: another of the reason over the appetite: petite:
one of the soul over the body, that's the command of a Master: Another of the reason over the appetite: petite:
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and that's NONLATINALPHABET, the power of a Soveraigne. God in the beginning gave unto man a three-fold power;
and that's, the power of a Sovereign. God in the beginning gave unto man a threefold power;
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First, over himselfe, by free-will to govern his actions;
First, over himself, by freewill to govern his actions;
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for God set man at first non in Tuto sed in cauto, saith S. Bern. not in such security that he could not fall,
for God Set man At First non in Tutor sed in cauto, Says S. Bern. not in such security that he could not fallen,
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nor in such necessity that he could not chuse but fall;
nor in such necessity that he could not choose but fallen;
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but left him to the liberty of his owne will, not to fall if hee would not offend,
but left him to the liberty of his own will, not to fallen if he would not offend,
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nor to offend unlesse hee would himselfe.
nor to offend unless he would himself.
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God gave him posse non peccare, but not non posse peccare; that is, it was possible for him not to sinne,
God gave him posse non Peccare, but not non posse Peccare; that is, it was possible for him not to sin,
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but it was not impossible for him to sinne. The second power was over the creatures;
but it was not impossible for him to sin. The second power was over the creatures;
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for to mans multiplicamini God added dominamini. Let him have dominion over the fish of the sea,
for to men Multiply God added Dominamini. Let him have dominion over the Fish of the sea,
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and the fowles of the ayre. Genesis 1.26. The third power was over man;and the fowls of the air. Genesis 1.26. The third power was over man;
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which is either Oeconomicall in families, of the husband over the wife, father over his children, master over servants;
which is either Economical in families, of the husband over the wife, father over his children, master over Servants;
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or Politicall in Citties viz. Monarchicall of one, Aristocraticall of many & those the best; or Democraticall which is the popular state;
or Political in Cities viz. Monarchical of one, Aristocratical of many & those the best; or Democratical which is the popular state;
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All were ordain'd of God either mediatly, or immediatly. There is no power but of God, saith the Apostle;
All were ordained of God either mediately, or immediately. There is no power but of God, Says the Apostle;
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Non dicit, potestas est a deo, sed non est potestas nisi à deo, saith Musculus; yea that of the devill, whose will though it be ever wicked,Non dicit, potestas est a God, sed non est potestas nisi à God, Says Musculus; yea that of the Devil, whose will though it be ever wicked,
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yet his power by Gods permission is never unjust; hee is called therefore The evill spirit from the Lord. 1 Sam. 16.23. An evill spirit, saith S. Gregory, Per desiderium voluntatis iniquae, but yet from the Lord, per licentiam potestatis justae. Sometime perhaps, Potens the Ruler is not of God, Osee 8.4. They have reigned, and not by mee.
yet his power by God's permission is never unjust; he is called Therefore The evil Spirit from the Lord. 1 Sam. 16.23. an evil Spirit, Says S. Gregory, Per desiderium voluntatis iniquae, but yet from the Lord, per licentiam potestatis Justae. Sometime perhaps, Potens the Ruler is not of God, Hosea 8.4. They have reigned, and not by me.
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Or the manner of getting Rule is not of God; for many runne ad Cathedram non ad Curam, to the chaire, not to the cure;
Or the manner of getting Rule is not of God; for many run and Cathedram non ad Curam, to the chair, not to the cure;
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and Simon Magus will give any thing to be Simon Magnus; but the power it selfe is of God.
and Simon Magus will give any thing to be Simon Magnus; but the power it self is of God.
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The blessed Virgin Mary in her song saith, deposuit potentes, Hee hath put downe the mighty from their seat;
The blessed Virgae Marry in her song Says, He threw off potentes, He hath put down the mighty from their seat;
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not potestatem, power simply, but their power, from doing further mischiefe. The Elders gave glory sedenti super thronum, Revel.
not potestatem, power simply, but their power, from doing further mischief. The Elders gave glory Sedenti super Throne, Revel.
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4. and cast their crownes at his feet;
4. and cast their crowns At his feet;
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for ego sum qui transfero regna, saith God in Daniel. All earthly power is but translated, & God is the Originall.
for ego sum qui transfero regna, Says God in daniel. All earthly power is but translated, & God is the Original.
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He that said, Per me reges regnant, By me Kings reigne, said also, et domini dominantur, and Lords rule:
He that said, Per me reges regnant, By me Kings Reign, said also, et domini dominantur, and lords Rule:
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It is the Lord that putteth the Sword into your hand. For he beareth the Sword.
It is the Lord that putteth the Sword into your hand. For he bears the Sword.
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The second point is their Preeminence. Every where the Scripture stiles them honourable.
The second point is their Preeminence. Every where the Scripture stile them honourable.
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The King of Tyre is called the anoynted Cherub, whom God set in honour, Ezek. 28.14. Deborah a Mother in Israel Judg. 5.7. They cryed before Ioseph Abrech, Bow the knee, or tender Father, Gen. 45. For as Xenophon saith, NONLATINALPHABET, a good Ruler differs not from a good father.
The King of Tyre is called the anointed Cherub, whom God Set in honour, Ezekiel 28.14. Deborah a Mother in Israel Judges 5.7. They cried before Ioseph Abrek, Bow the knee, or tender Father, Gen. 45. For as Xenophon Says,, a good Ruler differs not from a good father.
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They be called Heads, Numb. 1.16. for three causes. 1. For their eminence above the rest. 2. For command, because the head governes all the body;
They be called Heads, Numb. 1.16. for three Causes. 1. For their eminence above the rest. 2. For command, Because the head governs all the body;
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yea many times when the body is at rest, the head is most disquieted. 3. For necessary use,
yea many times when the body is At rest, the head is most disquieted. 3. For necessary use,
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because from thence flowes sence and motion into all the members of the body.
Because from thence flows sense and motion into all the members of the body.
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And all these titles, what are they, but obligations of greatest duties, and of greater necessity to depend upon God, both for advice in wisedome and assistance in power? But that which transcends all, is, I said yee are Gods;
And all these titles, what Are they, but obligations of greatest duties, and of greater necessity to depend upon God, both for Advice in Wisdom and assistance in power? But that which transcends all, is, I said ye Are God's;
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which is to be understood onely representatively, because God hath given them power to speake to the people in his name, and execute his judgements.
which is to be understood only representatively, Because God hath given them power to speak to the people in his name, and execute his Judgments.
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I have made thee Pharaohs God, said God to Moses, Exod. 7.1.I have made thee Pharaohs God, said God to Moses, Exod 7.1.
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And these attributes of honour instruct them how to governe, and others how to reverence them.
And these attributes of honour instruct them how to govern, and Others how to Reverence them.
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Them how to governe, to rule for God, reward for God, punish for God; remembring alwaies though they are gods of the earth, yet they are but earthen gods;
Them how to govern, to Rule for God, reward for God, Punish for God; remembering always though they Are God's of the earth, yet they Are but earthen God's;
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In their greatest glory they are but virtus in infirmitate; and although by their birth or fortune they be sifted from the branne of the vulgar,
In their greatest glory they Are but virtus in Infirmity; and although by their birth or fortune they be sifted from the bran of the Vulgar,
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yet they are but ejusdem farinae, of the same meale. Their heads of gold, and breasts of silver, &c. stand but upon feet of clay;
yet they Are but ejusdem farinae, of the same meal. Their Heads of gold, and breasts of silver, etc. stand but upon feet of clay;
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the splendour of their renowne, the glory of their riches, and strength of their greatnesse hath but a dusty foundation;
the splendour of their renown, the glory of their riches, and strength of their greatness hath but a dusty Foundation;
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pulvis es, et in pulverem reverteris. Againe, it teacheth others how to reverence them. They that rule well, are worthy of double honour, 1 Tim. 5.17. Single honour howsoever, because of Rule, which is Gods ordinance;Pulvis es, et in pulverem reverteris. Again, it Teaches Others how to Reverence them. They that Rule well, Are worthy of double honour, 1 Tim. 5.17. Single honour howsoever, Because of Rule, which is God's Ordinance;
fw-la fw-la, fw-la p-acp fw-la fw-la. av, pn31 vvz n2-jn uh-crq pc-acp vvi pno32. pns32 d vvi av, vbr j pp-f j-jn n1, crd np1 crd. j n1 c-acp, c-acp pp-f n1, r-crq vbz ng1 n1;
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but double honour, if he be a good Magistrate, because of his diligence. NONLATINALPHABET, saith Saint Chrysostome, very much honour;
but double honour, if he be a good Magistrate, Because of his diligence., Says Saint Chrysostom, very much honour;
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or double, saith Aquine, reverentiae & subsidij, reverence and maintenance, allegeance and allowance.
or double, Says Aquinas, reverentiae & subsidij, Reverence and maintenance, allegiance and allowance.
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So tender is God for preservation of their dignities, that hee gave his people charge, Elobim lo thikkallel, Thou shalt not raile upon the gods,
So tender is God for preservation of their dignities, that he gave his people charge, Elobim lo thikkallel, Thou shalt not rail upon the God's,
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nor curse the Ruler of thy people, Exod. 22.28.nor curse the Ruler of thy people, Exod 22.28.
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And by an ancient Canon, a severe Censure was imposed upon him that was contumeliosus in magistratum; if a lay man, to excommunicate him;
And by an ancient Canon, a severe Censure was imposed upon him that was contumeliosus in magistratum; if a lay man, to excommunicate him;
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if in orders, to depose him;
if in order, to depose him;
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their persons should be NONLATINALPHABET, inviolable, for they are sacred, like an Asylum, a Sanctuary or consecrated Temple, which for the veneration of Religion might not be violated.
their Persons should be, inviolable, for they Are sacred, like an Asylum, a Sanctuary or consecrated Temple, which for the veneration of Religion might not be violated.
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For this cause David would not lay hands upon Saul when occasion gave him power over his life;
For this cause David would not lay hands upon Saul when occasion gave him power over his life;
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for though hee was wicked, yet hee was the Lords anoynted; he had sanctitatem unctionis, though not vitae; an holy calling, though not an holy carriage.
for though he was wicked, yet he was the lords anointed; he had sanctitatem unctionis, though not vitae; an holy calling, though not an holy carriage.
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S. Jude sets it downe for a note of reprobate men, to despise dominion, and speake evill of dignities.
S. U^de sets it down for a note of Reprobate men, to despise dominion, and speak evil of dignities.
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Yet such a pernicious brood there is in the world, that bend their tongues like a bow against authority,
Yet such a pernicious brood there is in the world, that bend their tongues like a bow against Authority,
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and shoot out their arrowes, even bitter words.
and shoot out their arrows, even bitter words.
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What learned Praelate hath not this Blatant beast bitten? what Reverend Judge hath not this serpent stung? What honest man hath not been bespattered with this filthy vomit? yea, Christ himselfe was not free from the aspersion of unrighteous speakers, who called him a friend of Publicans and sinners,
What learned Prelate hath not this Blatant beast bitten? what Reverend Judge hath not this serpent stung? What honest man hath not been bespattered with this filthy vomit? yea, christ himself was not free from the aspersion of unrighteous Speakers, who called him a friend of Publicans and Sinners,
q-crq j n1 vhz xx d j n1 vvn? q-crq n-jn vvi vhz xx d n1 vvn? q-crq j n1 vhz xx vbn j-vvn p-acp d j n1? uh, np1 px31 vbds xx j p-acp dt n1 pp-f j n2, r-crq vvd pno31 dt n1 pp-f np1 cc n2,
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and ascribed their miracles to the power of Belzebub. But let them goe; and good luck have you with your honour;
and ascribed their Miracles to the power of Belzebub. But let them go; and good luck have you with your honour;
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ride on because of the word of truth; ride on Because of the word of truth;
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remember it is that which gives you honour, and it stands with your honour to maintaine that.
Remember it is that which gives you honour, and it Stands with your honour to maintain that.
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For you beare the sword; And so I take my leave of your honour, and come next to your charge;
For you bear the sword; And so I take my leave of your honour, and come next to your charge;
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for as I have shewed them how great they are, so I must needs tell them how good they should be.
for as I have showed them how great they Are, so I must needs tell them how good they should be.
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Their charge standeth in the use of the sword, whereunto three things are required: 1. Good lawes, they are like the sword in the scabbard. 2. Ʋpright judgement according to those lawes, that's like a sword drawne. 3. Just execution, that strikes the stroke.
Their charge Stands in the use of the sword, whereunto three things Are required: 1. Good laws, they Are like the sword in the scabbard. 2. Ʋpright judgement according to those laws, that's like a sword drawn. 3. Just execution, that strikes the stroke.
po32 n1 vvz p-acp dt n1 pp-f dt n1, c-crq crd n2 vbr vvn: crd j n2, pns32 vbr av-j dt n1 p-acp dt n1. crd j n1 vvg p-acp d n2, d|vbz j dt n1 vvn. crd j n1, cst vvz dt n1.
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To the making of good lawes three things are required. 1. The matter, which must be agreeable to the law of nature and will of God. 2. The end, to maintaine vertue,
To the making of good laws three things Are required. 1. The matter, which must be agreeable to the law of nature and will of God. 2. The end, to maintain virtue,
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and suppresse vice. 3. Their extent, not for private gaine, but for publick good.
and suppress vice. 3. Their extent, not for private gain, but for public good.
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And when lawes are made, there's no exemption of any person from their obedience and subjection.
And when laws Are made, there's no exemption of any person from their Obedience and subjection.
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Let every soule be subject to the higher powers, saith the Apostle. Omnis anima; anima propter voluntatem, omnis propter universalitatem; Let every soul be Subject to the higher Powers, Says the Apostle. Omnis anima; anima propter voluntatem, omnis propter universalitatem;
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the soule, because obedience ought to be voluntary; every soule because it must universall.
the soul, Because Obedience ought to be voluntary; every soul Because it must universal.
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To say therefore the Clergie is exempted, because it is not said Omnis spiritus, but omnis anima, that is, animalis homo the laity, not spiritualis homo the Clergie, is viperina glossa, and cates out the bowels of the text.
To say Therefore the Clergy is exempted, Because it is not said Omnis spiritus, but omnis anima, that is, Animalis homo the laity, not spiritualis homo the Clergy, is viperina glossa, and cates out the bowels of the text.
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For the soule is taken for the whole man; every soule, that is, every man; there were eight soules in Noahs Ark, that is, eight persons, 1 Pet. 3.20.
For the soul is taken for the Whole man; every soul, that is, every man; there were eight Souls in Noahs Ark, that is, eight Persons, 1 Pet. 3.20.
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But I grant you saith Bellarmine: they are subject obligatione directiva, non coactiva, by obligation of direction, not coercion, which is as much as to say as farre as they list themselves.
But I grant you Says Bellarmine: they Are Subject obligation directiva, non coactiva, by obligation of direction, not coercion, which is as much as to say as Far as they list themselves.
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Is this subjection, or rather is it not a cunning evasion? that's no law that hath onely reference to their disceretion for whom it is enacted;
Is this subjection, or rather is it not a cunning evasion? that's no law that hath only Referente to their disceretion for whom it is enacted;
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that very reference loseth the reverence and authority of it.
that very Referente loses the Reverence and Authority of it.
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Justice and right in giving every one his due, should have the same place in the common-wealth, which faith and religion claymeth in the Church.
justice and right in giving every one his due, should have the same place in the commonwealth, which faith and Religion claimeth in the Church.
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Now, as in religion there are some things in substance, and some things of ceremony; so there are some points essentiall in justice, and some accidentall;
Now, as in Religion there Are Some things in substance, and Some things of ceremony; so there Are Some points essential in Justice, and Some accidental;
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the essentiall points of justice are the same in lawes of all common-wealths;
the essential points of Justice Are the same in laws of all commonwealths;
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for what is a law but a divine ordinance, commanding things honest, and forbidding the contrary? The accidentall parts doe and may vary according to the circumstances of times, persons, and places.
for what is a law but a divine Ordinance, commanding things honest, and forbidding the contrary? The accidental parts do and may vary according to the Circumstances of times, Persons, and places.
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For as good remedies are occasioned from bad diseases, so ex malis moribus bonae leges oriuntur.
For as good remedies Are occasioned from bad diseases, so ex malis moribus bonae leges oriuntur.
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There was in ancient times no law against a Parricide, whereof Solon being ask'd the reason, answered, Hee thought no man so unnaturall as to commit that sinne;
There was in ancient times no law against a Parricide, whereof Solon being asked the reason, answered, He Thought no man so unnatural as to commit that sin;
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but when the wickednesse of the times had produc'd such monstrous Imps that did kill their owne fathers,
but when the wickedness of the times had produced such monstrous Imps that did kill their own Father's,
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then a law was provided, and a punishment set downe;
then a law was provided, and a punishment Set down;
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for the Party so offending, was to be sowed in a leathern sack, with a Dogge, a Cock, a Viper,
for the Party so offending, was to be sowed in a leathern sack, with a Dog, a Cock, a Viper,
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and an Ape, foure angry creatures, and so cast into some deepe water, as unworthy to reape the benefit of any of the foure elements;
and an Ape, foure angry creatures, and so cast into Some deep water, as unworthy to reap the benefit of any of the foure elements;
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the reason whereof is given to be this, Vt qui eum necasset unde ipse natus esset, careret rebus omnibus unde omnia nascuntur, That he which kill'd him of whom he was borne, should be deprived of those things whereof all things are bred.
the reason whereof is given to be this, Vt qui Eum necasset unde ipse Born esset, careret rebus omnibus unde omnia nascuntur, That he which killed him of whom he was born, should be deprived of those things whereof all things Are bred.
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In the time of Innocencie God gave man a law; One tree he must not eate of.
In the time of Innocence God gave man a law; One tree he must not eat of.
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It was not envie as the devill would perswade, but a type of Adams obedience,
It was not envy as the Devil would persuade, but a type of Adams Obedience,
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as if God should tell him, saith Saint Austin: If Adam would know the reason, Quia ego dominus, tu servus;
as if God should tell him, Says Saint Austin: If Adam would know the reason, Quia ego dominus, tu servus;
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obedientem te volo, non contradicentem, I am thy Lord, thou my servant; I will have thee obedient, not repugnant.obedientem te volo, non contradicentem, I am thy Lord, thou my servant; I will have thee obedient, not repugnant.
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Much more now are lawes necessarie, yea new lawes according to occasion, either for prevention to stop a mischiefe ensuing,
Much more now Are laws necessary, yea new laws according to occasion, either for prevention to stop a mischief ensuing,
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or for subvention to remedy evils past.
or for subvention to remedy evils past.
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They are like waters that receive their tincture and tasts from the soyles through which they runne,
They Are like waters that receive their tincture and tastes from the soils through which they run,
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and so change according to the regions and governments where they are planted; yet they proceed from the same fountaine of justice;
and so change according to the regions and governments where they Are planted; yet they proceed from the same fountain of Justice;
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They ought not by multitude of constitutions to be snares to good minds, nor by the quirks of mercenarie wits to be perverted to bad purposes; Lawes should command, not dispute.
They ought not by multitude of constitutions to be snares to good minds, nor by the quirks of mercenary wits to be perverted to bade Purposes; Laws should command, not dispute.
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The people of Aegina did impose a pecuniarie mulct upon him that had occasioned a new Law.
The people of Aegina did impose a pecuniary mulct upon him that had occasioned a new Law.
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Amongst the Athenians there was but one new Law made for an hundred yeares, and that was procured by one that was monoculus, and the Law was this, That hee should lose both his eyes, who had put out his that had but one.
among the Athenians there was but one new Law made for an hundred Years, and that was procured by one that was monoculus, and the Law was this, That he should loose both his eyes, who had put out his that had but one.
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For our part (God be thanked) wee have good Lawes, no Kingdome better;
For our part (God be thanked) we have good Laws, no Kingdom better;
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and whether there be any need of more, that must be left to the wisdom of the Estates.
and whither there be any need of more, that must be left to the Wisdom of the Estates.
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If I have herein exceeded my bounds, I cry pardon of the Lawyers;
If I have herein exceeded my bounds, I cry pardon of the Lawyers;
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I am sure the lesse wee have to doe with their Law, the better men will like of our Divinity.
I am sure the less we have to do with their Law, the better men will like of our Divinity.
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Only with old father Latimer, I hope it is no harme to wish one Law more to be made, which might be like that of the Medes and Persians unalterable,
Only with old father Latimer, I hope it is no harm to wish one Law more to be made, which might be like that of the Medes and Persians unalterable,
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namely for execution of those Lawes that are to be made: For Lawes only made and not executed, are like the Sword in the scabbard.
namely for execution of those Laws that Are to be made: For Laws only made and not executed, Are like the Sword in the scabbard.
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I come therefore to the second point, which is, the Sword drawne, and that's upright judgement.
I come Therefore to the second point, which is, the Sword drawn, and that's upright judgement.
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To cleare this passage, foure obstacles must be removed; Feare, Covetousnesse, Hatred, and Favour;
To clear this passage, foure obstacles must be removed; fear, Covetousness, Hatred, and Favour;
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Feare dares not draw the Sword, Covetousnesse will not, Hatred must not, and Favour may not:
fear dares not draw the Sword, Covetousness will not, Hatred must not, and Favour may not:
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of each of these some thing. Feare was Pilats fault; hee sought many meanes to deliver Jesus, but feare of Caesars displeasure hindered him:
of each of these Some thing. fear was Pilats fault; he sought many means to deliver jesus, but Fear of Caesars displeasure hindered him:
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If thou let this man goe, thou art not Caesars friend, said the Jewes; then he condemned Christ, Iohn 19.12.If thou let this man go, thou art not Caesars friend, said the Jews; then he condemned christ, John 19.12.
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If he had said, Vivat Rex, & currat Lex, God blesse Caesar, and let the Law have his course, he had beene a good Judge.
If he had said, Vivat Rex, & currat Lex, God bless Caesar, and let the Law have his course, he had been a good Judge.
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There is a Signe in Heaven called Virgo, betwixt Leo and Libra; Pierius in his Hieroglyphicks compares Justice to this Signe:
There is a Signen in Heaven called Virgo, betwixt Leo and Libra; Pierius in his Hieroglyphics compares justice to this Signen:
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for Justice is a pure intemerate Virgin, never corrupted by those too shamelesse Sollicitors, Nimium & Parum, Excesse and Defect:
for justice is a pure intemerate Virgae, never corrupted by those too shameless Solicitors, Nimium & Parum, Excess and Defect:
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shee hath Leo on the one side, because a just man is bold as a Lion, Prov. 26.1. and Libra, a paire of Ballances, on the other side, weighing out to every man his right;
she hath Leo on the one side, Because a just man is bold as a lion, Curae 26.1. and Libra, a pair of Balances, on the other side, weighing out to every man his right;
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which he cannot doe equally, if he feare any mans displeasure. He must remember Gods encouragement to Josua, Be valiant and of a good courage.
which he cannot do equally, if he Fear any men displeasure. He must Remember God's encouragement to Joshua, Be valiant and of a good courage.
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Feare is forbidden by our Saviour Christ, Mat. 10. Feare not them that can kill the Body.
fear is forbidden by our Saviour christ, Mathew 10. fear not them that can kill the Body.
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A three-fold reason is there given;
A threefold reason is there given;
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first, in regard of mans impotence, for his power reacheth no further than the Body, which is but the Bellowes of the Soule, through which she breathes.
First, in regard of men impotence, for his power reaches no further than the Body, which is but the Bellows of the Soul, through which she breathes.
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Anaxarchi follem tundis, non Anaxarchum, said he, when he was maul'd to death.Anaxarchi follem tundis, non Anaxarchum, said he, when he was mauled to death.
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Secondly, in regard of Gods providence, which extendeth it selfe to the lives of unreasonable creatures, without which a Sparrow falls not upon the ground.
Secondly, in regard of God's providence, which extendeth it self to the lives of unreasonable creatures, without which a Sparrow falls not upon the ground.
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If the life of a Sparrow be governed by Divine Providence, the price whereof is not a farthing;
If the life of a Sparrow be governed by Divine Providence, the price whereof is not a farthing;
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shall not the life of the Just much more, the price whereof is the blood of Christ? Thirdly, whatsoever becomes of our Bodies, not an haire shall be missing, at the Resurrection:
shall not the life of the Just much more, the price whereof is the blood of christ? Thirdly, whatsoever becomes of our Bodies, not an hair shall be missing, At the Resurrection:
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The haires of your head are numbred, saith Christ. Non est timendum de majoribus ubi est cura de minimis; The hairs of your head Are numbered, Says christ. Non est timendum de majoribus ubi est Cure de minimis;
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si sic custodiuntur superflua tua, in quanta securitate est anima tua? If God care for our superfluities, much more for our necessaries, the Soule especially.si sic custodiuntur superflua tua, in quanta securitate est anima tua? If God care for our superfluities, much more for our necessaries, the Soul especially.
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Feare not therefore, saith our Saviour Christ. The Magistrate that beares the Sword, must be magnanimous. fear not Therefore, Says our Saviour christ. The Magistrate that bears the Sword, must be magnanimous.
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Certainely, God hath set such an impression of Majestie in the face of lawfull Authoritie, that wickednesse is confounded in it selfe to behold it:
Certainly, God hath Set such an impression of Majesty in the face of lawful authority, that wickedness is confounded in it self to behold it:
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For, if from hence the Power that is visible, were not more feared than the invisible God, the world would be over-run with outrage.
For, if from hence the Power that is visible, were not more feared than the invisible God, the world would be overrun with outrage.
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Therefore a good Magistrate, like a wise Physician, feares not to let out the corrupt blood of Malefactors, to save the life of the State;
Therefore a good Magistrate, like a wise physician, fears not to let out the corrupt blood of Malefactors, to save the life of the State;
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for the Body of the Common-wealth cannot live, unlesse her bad Members bleed: This requireth fortitude, and Feare dares not draw the Sword. The second impediment, is Covetousnesse;
for the Body of the Commonwealth cannot live, unless her bad Members bleed: This requires fortitude, and fear dares not draw the Sword. The second impediment, is Covetousness;
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and that will not draw the Sword. The Prophet Osee complaineth, Their Rulers love to say with shame, Bring yee, Os. 4.18. It was the fault of Samuels sonnes, they did not walke in their fathers wayes:
and that will not draw the Sword. The Prophet Hosea Complaineth, Their Rulers love to say with shame, Bring ye, Os. 4.18. It was the fault of Samuels Sons, they did not walk in their Father's ways:
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Why so? Dilexerunt munera, they loved Gifts, nay, Bribes, that was the right name: What followed? Perverterunt judicium, 1 Sam. 8.3.
Why so? Dilexerunt Munera, they loved Gifts, nay, Bribes, that was the right name: What followed? Perverterunt judicium, 1 Sam. 8.3.
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Then God tooke away the Government; the people chose Saul King, and those bribing Judges were cast off.
Then God took away the Government; the people chosen Saul King, and those bribing Judges were cast off.
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Aristophanes jeasting upon Cleon, as Plutarch hath it, saith, NONLATINALPHABET, This man can skill of no straine but the Dorick; alluding to NONLATINALPHABET, muneribus corrumpi, the bribing straine, rightly so called:Aristophanes jesting upon Cleon, as Plutarch hath it, Says,, This man can skill of no strain but the Doric; alluding to, muneribus corrumpi, the bribing strain, rightly so called:
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for, a wicked man (saith Salomon ) taketh a gift out of the bosome, to wrest or straine the wayes of Judgement.
for, a wicked man (Says Solomon) Takes a gift out of the bosom, to wrest or strain the ways of Judgement.
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Many a heavie Curse hath God layd upon this sinne: Woe be unto them (saith the Prophet Esay ) that joyne house to house,
Many a heavy Curse hath God laid upon this sin: Woe be unto them (Says the Prophet Isaiah) that join house to house,
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and field to field, till there be no place, Es. 5.8. not speaking against honest purchasing, but wicked compassing, till there be no place, no place for a neighbour to live by them.and field to field, till there be no place, Es. 5.8. not speaking against honest purchasing, but wicked compassing, till there be no place, no place for a neighbour to live by them.
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Saint Ambrose complained in his time of such greedie encroachments: Rich men cannot dwell alone upon earth, sayes hee;
Saint Ambrose complained in his time of such greedy encroachments: Rich men cannot dwell alone upon earth, Says he;
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beasts herd together, birds flock together, fishes swim in sholes together, nec damnum ducunt sed commercium vivendi, They finde a kinde of commerce, no dammage in it;
beasts heard together, Birds flock together, Fish swim in shoal together, nec damnum ducunt sed commercium vivendi, They find a kind of commerce, no damage in it;
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Solus tu homo consortem excludis, includis feras, struis habitacula bestiarum, destruis hominem, Man alone shuts out the companion of his life, and emparketh beasts.Solus tu homo consortem excludis, includis feras, struis Habitacula bestiarum, destruis hominem, Man alone shuts out the Companion of his life, and emparketh beasts.
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When Alexander sent Phocion an hundred talents, he asked why amongst so many Athenians the King sent gifts unto him? because (saith the Messenger) he heares that thou onely art a just man;
When Alexander sent Phocion an hundred Talents, he asked why among so many Athenians the King sent Gifts unto him? Because (Says the Messenger) he hears that thou only art a just man;
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then Phocion; Quin igitur posthac me bonum esse permittat, Let him suffer mee to be so still,
then Phocion; Quin igitur posthac me bonum esse permittat, Let him suffer me to be so still,
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for this is the way to make me stark naught.
for this is the Way to make me stark nought.
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What is the glory of a Citie? not sumptuous buildings and stately pallaces, but where the three faire daughters of Themis doe flourish, Eunomia, Dice, Eirene, Equity, Justice, and Peace.
What is the glory of a city? not sumptuous buildings and stately palaces, but where the three fair daughters of Themis do flourish, Eunomia, Dice, Eirene, Equity, justice, and Peace.
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Or as Persa the Captive virgin said of Athens, being asked, if it were not a goodly strong fenced Citie, answered, Si incolae bene sint morati, pulchre munitam arbitror;
Or as Persian the Captive Virgae said of Athens, being asked, if it were not a goodly strong fenced city, answered, Si Inhabitant bene sint morati, pulchre munitam arbitror;
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perfidia & peculatus ex urbe & avaritia si exulant; perfidia & Peculatus ex City & avaritia si exulant;
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if perfidiousnesse, and perjurie, and falshood, if ambition, and pilling, and polling were banished, it were then a goodly Citie indeed.
if perfidiousness, and perjury, and falsehood, if ambition, and pilling, and polling were banished, it were then a goodly city indeed.
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When at a Diet in Wormes in Maximilians time, the Princes there met, and upon occasion set forth the excellencie of their severall Dominions;
When At a Diet in Worms in Maximilians time, the Princes there met, and upon occasion Set forth the excellency of their several Dominions;
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The Duke of Saxonie glorying in his Minerall veines, The Bavarian in his beautifull Cities, The Count Palatine in his fertile soyle:
The Duke of Saxony glorying in his Mineral Veins, The Bavarian in his beautiful Cities, The Count Palatine in his fertile soil:
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Onely Eberhard Duke of Wittenburgh said nothing but this, I can boast of nothing in that kinde,
Only Eberhard Duke of Wittenburg said nothing but this, I can boast of nothing in that kind,
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but this I am proud of, I can lay downe my head and sleepe securely in the bosome of any of my Subjects;
but this I am proud of, I can lay down my head and sleep securely in the bosom of any of my Subject's;
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an unvaluable prerogative of a Prince, and no where to be found but where the Magistrate and the people hate Covetousnesse.
an unvaluable prerogative of a Prince, and no where to be found but where the Magistrate and the people hate Covetousness.
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For as Feare dares not draw the Sword, so Covetousnesse will not. The third impediment is Hatred; and that must not.
For as fear dares not draw the Sword, so Covetousness will not. The third impediment is Hatred; and that must not.
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For the wrath of man doth not accomplish the righteousnesse of God, James 1.20.
For the wrath of man does not accomplish the righteousness of God, James 1.20.
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For although it be said at the end of this verse, that the Magistrate is NONLATINALPHABET, must take vengeance in wrath, or is a Revenger to execute wrath, that is, punishment upon him that doth evill;
For although it be said At the end of this verse, that the Magistrate is, must take vengeance in wrath, or is a Revenger to execute wrath, that is, punishment upon him that does evil;
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yet he must not draw the sword in anger against the Person, but against the sinne.
yet he must not draw the sword in anger against the Person, but against the sin.
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There is a time when a man may be angry; Moses was angry against the Israelites idolatry, Exod. 32.19. and did not offend;
There is a time when a man may be angry; Moses was angry against the Israelites idolatry, Exod 32.19. and did not offend;
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Jonas was angry at Gods mercy in sparing the Ninivites, and he was reproved; Doest thou well to be angry, saith God, Jon. 4.4. Christ was rail'd at, mock'd, and crucified;Jonah was angry At God's mercy in sparing the Ninevites, and he was reproved; Dost thou well to be angry, Says God, Jon. 4.4. christ was railed At, mocked, and Crucified;
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yet was not angry, but prayed for his enemies, Father forgive them, for they know not what they doe.
yet was not angry, but prayed for his enemies, Father forgive them, for they know not what they do.
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But when hee saw his Fathers House abus'd, then he was angry, and whipt them out of the Temple;
But when he saw his Father's House abused, then he was angry, and whipped them out of the Temple;
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hee had anger certainly, though not as a passion of revenge, yet of detestation; it was zealous anger, not vicious anger.
he had anger Certainly, though not as a passion of revenge, yet of detestation; it was zealous anger, not vicious anger.
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Unbridled anger is a temporary frenzie; for there's a two-fold madnesse; one of the head which makes men runne out of their wits;
Unbridled anger is a temporary frenzy; for there's a twofold madness; one of the head which makes men run out of their wits;
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another of the heart which turns them out of their patience, and that's anger.
Another of the heart which turns them out of their patience, and that's anger.
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This if it be of long continuance, growes to be hatred, and he that hates his brother, is a man-slayer, 1 Joh. 3.15. Not so much because he hurts his brother, whom he hates;
This if it be of long Continuance, grows to be hatred, and he that hates his brother, is a manslayer, 1 John 3.15. Not so much Because he hurts his brother, whom he hates;
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but because he slayeth his own soule; yea, and his brothers too, if he could; Ille vivit, saith S. Augustine, & tamen tu occidisti;
but Because he slays his own soul; yea, and his Brother's too, if he could; Isle vivit, Says S. Augustine, & tamen tu occidisti;
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hee liveth, yet thou hast kill'd him as much as in thee lyeth.
he lives, yet thou hast killed him as much as in thee lies.
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Now, if a Magistrate be drawne into hatred of any mans person, hee may be a double Homicide;
Now, if a Magistrate be drawn into hatred of any men person, he may be a double Homicide;
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for besides the mischiefe he doth to himselfe, hee may be the death of another. When Josua proceeded against Achan, he did it mildly;
for beside the mischief he does to himself, he may be the death of Another. When Joshua proceeded against achan, he did it mildly;
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My sonne, confesse thy fault and give glory to God, Ios. 7.19. A Magistrate should have least interest in himselfe.My son, confess thy fault and give glory to God, Ios. 7.19. A Magistrate should have least Interest in himself.
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Aristides sitting in judgement upon two men that were adversaries, One of them thinking to make his cause the better by accusing his enemie, said, O Aristides, this man hath done thee great wrong.Aristides sitting in judgement upon two men that were Adversaries, One of them thinking to make his cause the better by accusing his enemy, said, Oh Aristides, this man hath done thee great wrong.
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My friend, quoth Aristides, Tell mee what wrong hee hath done thee: for I sit here to doe thee justice, and not my selfe.
My friend, quoth Aristides, Tell me what wrong he hath done thee: for I fit Here to do thee Justice, and not my self.
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This sword therefore must not be drawne against the person of the offender, but against the offence of the person;
This sword Therefore must not be drawn against the person of the offender, but against the offence of the person;
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in detestation of the fault, not of the man; for it must not be drawne in hatred.
in detestation of the fault, not of the man; for it must not be drawn in hatred.
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The fourth impediment, is Partialitie or favour. Jehosaphat having set Judges in the Land, gave them this Charge;
The fourth impediment, is Partiality or favour. Jehoshaphat having Set Judges in the Land, gave them this Charge;
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Take heed what yee doe, for you judge not for man, but for the Lord, 2 Chron. 19. That word excludes all corruption:Take heed what ye do, for you judge not for man, but for the Lord, 2 Chronicles 19. That word excludes all corruption:
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for if he be pusillanimous, he will judge for man; that makes him feare his enemies;
for if he be pusillanimous, he will judge for man; that makes him Fear his enemies;
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if partiall, to favour his friends; if covetous, to love himselfe too much; if he be malicious, he will hate others:
if partial, to favour his Friends; if covetous, to love himself too much; if he be malicious, he will hate Others:
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And then Truth must needs have a cold Suit, when Malice is chiefe Juror, and Partialitie the Judge.
And then Truth must needs have a cold Suit, when Malice is chief Juror, and Partiality the Judge.
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I know Pitie is the best prayse of humanitie, and fruit of Christian love; but in Judgement, it may have no place:
I know Pity is the best praise of humanity, and fruit of Christian love; but in Judgement, it may have no place:
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he must heare the small as well as the great, the rich and the wretch both alike.
he must hear the small as well as the great, the rich and the wretch both alike.
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Alexander when he sate in judgement, would with one eare open heare the Plaintiffe, and keepe the other for the Defendant: it was justly done;Alexander when he sat in judgement, would with one ear open hear the Plaintiff, and keep the other for the Defendant: it was justly done;
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for, Qui statuit aliquid parte inauditâ alterâ, aequum licet statuerit, haud aequus fuit, said the Tragedian.
for, Qui statuit Aliquid part inauditâ alterâ, Aequum licet statuerit, haud aequus fuit, said the Tragedian.
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Hee that determineth upon hearing of but one party, though his judgement be true, yet he is not right Judge.
He that determineth upon hearing of but one party, though his judgement be true, yet he is not right Judge.
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For favour being the false advocate of the gracious, is injurious to truth;
For favour being the false advocate of the gracious, is injurious to truth;
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and it is required, that Judges should be men of truth, Exod. 18. Now, there is veritas vitae, veritas justitiae, veritas doctrinae;
and it is required, that Judges should be men of truth, Exod 18. Now, there is veritas vitae, veritas justitiae, veritas Doctrine;
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Truth of life, when our conversation is framed according to the rule of truth; truth of doctrine, distinguishing truth from error, and right from wrong;
Truth of life, when our Conversation is framed according to the Rule of truth; truth of Doctrine, distinguishing truth from error, and right from wrong;
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truth of justice, in giving every man his owne. A Magistrate therefore must be inflexible, unpartiall, free from passion and affection;
truth of Justice, in giving every man his own. A Magistrate Therefore must be inflexible, unpartial, free from passion and affection;
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with a sword in one hand, and his ballance in the other; Ponderat haec causas, percutit ille reos;
with a sword in one hand, and his balance in the other; Ponderat haec causas, Persecuteth Isle Reos;
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to ponder mens causes, and punish their offences, without partiality.
to ponder men's Causes, and Punish their offences, without partiality.
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Now having removed the impediments, I come to the drawing of the Sword, which is upright Judgement.
Now having removed the impediments, I come to the drawing of the Sword, which is upright Judgement.
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You will say, perhaps, it hath beene long in drawing: and I answer, The blocks in the way were heavie, and not soone removed;
You will say, perhaps, it hath been long in drawing: and I answer, The blocks in the Way were heavy, and not soon removed;
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and besides, Nulla unquam de vita hominis cunctatio longa est, a man cannot demurre too much upon a mans life:
and beside, Nulla unquam de vita hominis cunctatio Longam est, a man cannot demur too much upon a men life:
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for, if he wrongfully miscarry, and the Sword be drawne unjustly, what amends can be made for his unjust suffering? Upright Judgement therefore, according to Law, is the true drawing of the Sword: whereunto three things are required; first, Wisdome; secondly, Pietie; thirdly, Justice. Wisedome in discussing causes.
for, if he wrongfully miscarry, and the Sword be drawn unjustly, what amends can be made for his unjust suffering? Upright Judgement Therefore, according to Law, is the true drawing of the Sword: whereunto three things Are required; First, Wisdom; secondly, Piety; Thirdly, justice. Wisdom in discussing Causes.
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This hath ever carried that shew of excellencie, that the very wicked have laboured to put on the vizard of it.
This hath ever carried that show of excellency, that the very wicked have laboured to put on the vizard of it.
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Come, sayes Pharaoh, let us doe wisely; yet his wisedome proved folly, because it was against Gods people:Come, Says Pharaoh, let us do wisely; yet his Wisdom proved folly, Because it was against God's people:
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so it is with all the worldly wise, as Saint Paul sayth, NONLATINALPHABET, Whilest they seemed to be wise, they became fooles, Rom. 1. But marke the wisedome of Job, when he was a Magistrate;
so it is with all the worldly wise, as Saint Paul say,, Whilst they seemed to be wise, they became Fools, Rom. 1. But mark the Wisdom of Job, when he was a Magistrate;
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When I knew not the cause, I sought it out diligently, Job 29.16. This was Gods owne way, to teach man:When I knew not the cause, I sought it out diligently, Job 29.16. This was God's own Way, to teach man:
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for although all things are open and manifest to his eyes, yet marke how, in judgement, he commends deliberation.
for although all things Are open and manifest to his eyes, yet mark how, in judgement, he commends deliberation.
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The sinnes of Sodome were exceeding grievous, and their Crie was great;
The Sins of Sodom were exceeding grievous, and their Cry was great;
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yet, I will goe downe now (sayes God) and see, whether they have done altogether according to that Crie;
yet, I will go down now (Says God) and see, whither they have done altogether according to that Cry;
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and if not, that I may know. Questionlesse, God heard and knew;and if not, that I may know. Questionless, God herd and knew;
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but, noluit audita judicare, he would not judge by the eare onely, but by the eye:
but, noluit audita judicare, he would not judge by the ear only, but by the eye:
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Vnus oculatus testis plus valet quam auriti decem, One ocular witnesse is worth ten auricular: therefore he saith, Descendam & videbo, I will goe downe and see; Vnus Oculatus testis plus valet quam auriti Decem, One ocular witness is worth ten auricular: Therefore he Says, Descendam & videbo, I will go down and see;
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to instruct men that are in authoritie. Saith Saint Gregorie, Magna crimina tardè credenda sunt cum audiuntur, citius punienda cum cognoscuntur;
to instruct men that Are in Authority. Says Saint Gregory, Magna Crimes tardè credenda sunt cum audiuntur, Quickly punienda cum cognoscuntur;
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They must be slow to beleeve but upon strong evidence, and readie to punish upon just proofe.
They must be slow to believe but upon strong evidence, and ready to Punish upon just proof.
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For the Law presumes every man to be good, till he be apparantly bad;
For the Law Presumest every man to be good, till he be apparently bad;
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but when facts have made the contrarie evident, then the same Law presumes him to be semper malus qui semel malus, in eodem genere mali, to be still naught in that kind wherein he is once tainted.
but when facts have made the contrary evident, then the same Law Presumest him to be semper malus qui semel malus, in Eodem genere mali, to be still nought in that kind wherein he is once tainted.
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When Adam had sinned, God proceeded against him judiciously:
When Adam had sinned, God proceeded against him judiciously:
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Hee came to him, not running, but walking; not in heat, but coole of the day: not punishing,
He Come to him, not running, but walking; not in heat, but cool of the day: not punishing,
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but first expostulating in a voice audible and sensible;
but First expostulating in a voice audible and sensible;
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Adam, where art thou? So Solomon, when he heard the women say what they could,Adam, where art thou? So Solomon, when he herd the women say what they could,
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and had sought out the cause diligently, then bring me a sword (saith he);
and had sought out the cause diligently, then bring me a sword (Says he);
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and all Israel heard the judgement which the King had judged, and they feared the King; and all Israel herd the judgement which the King had judged, and they feared the King;
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for they saw that the wisedome of God was in him, to doe justice, 1 Kings 3.28. Wisdome in the true use of the Sword, makes a just man both feared and lov'd;for they saw that the Wisdom of God was in him, to do Justice, 1 Kings 3.28. Wisdom in the true use of the Sword, makes a just man both feared and loved;
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the good men feare him lovingly, the middle sort love him fearefully: onely the wicked malefactor feares him servilely, For he beareth not the Sword in vaine.
the good men Fear him lovingly, the middle sort love him fearfully: only the wicked Malefactor fears him servilely, For he bears not the Sword in vain.
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But now, what's Wisedome without Godlinesse, but worldly policie? Therefore to upright judgement Piety is required, The wise man feareth and departeth from evill, saith Solomon, Pro. 14.16.
But now, what's Wisdom without Godliness, but worldly policy? Therefore to upright judgement Piety is required, The wise man fears and departeth from evil, Says Solomon, Pro 14.16.
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Therefore when the righteous are in authority, the people rejoyce;
Therefore when the righteous Are in Authority, the people rejoice;
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but when the wicked comes on and rises up, the man is tried, the good hide themselves,
but when the wicked comes on and rises up, the man is tried, the good hide themselves,
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and the people sigh, Pro. 29.2. O how beautifull a sight it is and glorious to behold great men to be good men, Caesars favourite to be Christs follower! Religion therefore goes beyond Law;and the people sighs, Pro 29.2. O how beautiful a sighed it is and glorious to behold great men to be good men, Caesars favourite to be Christ follower! Religion Therefore Goes beyond Law;
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for it is but halfe a mans honestie to be no better than the Law makes him, which seeth but the out-side, and censureth onely mens actions:
for it is but half a men honesty to be no better than the Law makes him, which sees but the outside, and censureth only men's actions:
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but Religion cleares the conscience of evill affections, it reformes the great ones themselves, making their eyes single,
but Religion clears the conscience of evil affections, it reforms the great ones themselves, making their eyes single,
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and eares indifferent, and hands cleane, and hearts upright, to doe nothing without the testimony of a good conscience.
and ears indifferent, and hands clean, and hearts upright, to do nothing without the testimony of a good conscience.
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And thirdly, to be religious to God-ward, and not just to man, is to be but a vaine-glorious hypocrite:
And Thirdly, to be religious to Godward, and not just to man, is to be but a vainglorious hypocrite:
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therefore to the drawing of the sword, which is upright judgement, Justice is a maine requisite.
Therefore to the drawing of the sword, which is upright judgement, justice is a main requisite.
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And it is thus defined by Vlpianus, Justitia est constans & perpetua voluntas jus suum cui { que } tribuendi.
And it is thus defined by Ulpianus, Justitia est constans & perpetua Voluntas jus suum cui { que } tribuendi.
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It is 1. voluntas, and therefore must be intended. 2. constans, therefore ought not to be corrupted;
It is 1. Voluntas, and Therefore must be intended. 2. constans, Therefore ought not to be corrupted;
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That's constant justice, Quae ne { que } potentiâ frangi nec pecuniâ corrumpi, nec gratiâ inflecti potest.
That's constant Justice, Quae ne { que } potentiâ frangi nec pecuniâ corrumpi, nec gratiâ inflecti potest.
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Which neither money can wrest, nor power breake, nor favour bend. 3. perpetua, That supposeth not one act onely, but an habit;
Which neither money can wrest, nor power break, nor favour bend. 3. perpetua, That Supposeth not one act only, but an habit;
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for justice is not to doe justa, which unjust men may doe, Mic. 6. but justè, and that requireth three things, 1. The minde of justice in the doer. 2. The rule of justice in the thing done. 3. The end of justice in the doing. 4. Jus suum cui { que } tribuendi.
for Justice is not to do Justa, which unjust men may do, Mic. 6. but justè, and that requires three things, 1. The mind of Justice in the doer. 2. The Rule of Justice in the thing done. 3. The end of Justice in the doing. 4. Jus suum cui { que } tribuendi.
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To give every man his owne. For as every vertue hath his proper object;
To give every man his own. For as every virtue hath his proper Object;
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fortitude hath perils, temperance consists in moderation of pleasures, prudence in politick affaires, discerning good or ill;
fortitude hath perils, temperance consists in moderation of pleasures, prudence in politic affairs, discerning good or ill;
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so Justice hath suum cuique for it's object and office.
so justice hath suum cuique for it's Object and office.
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Of all vertues they say Justice minds alienum bonum, the good of another, receives no benefit from men,
Of all Virtues they say justice minds Alienum bonum, the good of Another, receives no benefit from men,
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but the praise of a just action, their prayers and praises. And that justly.
but the praise of a just actium, their Prayers and praises. And that justly.
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For if the Magistrate take himselfe from his buisinesse, his friends, and pleasures, to interest himselfe in many thanklesse labours, to compound idle strifes, to watch over our safety, to be disturb'd with out-cries when wee sleepe, is it not just hee should be honoured with an answerable estate of pomp and magnificence to expresse his greatnesse;
For if the Magistrate take himself from his business, his Friends, and pleasures, to Interest himself in many thankless labours, to compound idle strifes, to watch over our safety, to be disturbed with Outcries when we sleep, is it not just he should be honoured with an answerable estate of pomp and magnificence to express his greatness;
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and this honour be it what it may be, is not humanitatis officium, but administrationis beneficium; not at our courtesie,
and this honour be it what it may be, is not humanitatis officium, but administrationis beneficium; not At our courtesy,
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but Gods appointment, For hee beareth not the sword in vaine. And thus you see the Sword drawne, which is upright judgement.
but God's appointment, For he bears not the sword in vain. And thus you see the Sword drawn, which is upright judgement.
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Just execution, and that strikes the stroke, without which all the rest is but an idle flourish.
Just execution, and that strikes the stroke, without which all the rest is but an idle flourish.
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In execution of Justice, there ought to be a moderation to qualifie the rigour of it;
In execution of justice, there ought to be a moderation to qualify the rigour of it;
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for extremity to be used alwayes is forbidden by God himselfe. Noli esse justus nimis, Eccl. 7.18. Presse not justice too farre, neither urge it extreamely.
for extremity to be used always is forbidden by God himself. Noli esse justus nimis, Ecclesiastes 7.18. Press not Justice too Far, neither urge it extremely.
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Lex enim quia seipsam mollire non potest, à nobis mitiganda est, ut sint qui proficiant. Lex enim quia seipsam mollire non potest, à nobis mitiganda est, ut sint qui proficiant.
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Aug. The Prophet Amos complaines of some that turned judgement into gall, and the fruit of righteousnesse into wormewood, Amos 6.12.Aug. The Prophet Amos complains of Some that turned judgement into Gall, and the fruit of righteousness into wormwood, Amos 6.12.
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There is a Court in France called the Torneilles, which is the chamber for criminall causes,
There is a Court in France called the Torneilles, which is the chamber for criminal Causes,
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so called because the Judges of the other six chambers which are for civill causes, sit there by turnes;
so called Because the Judges of the other six chambers which Are for civil Causes, fit there by turns;
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the reason Bodin gives (as a learned Surveyer of France saith) that it might not alter the naturall inclination of the Judges,
the reason Bodin gives (as a learned Surveyor of France Says) that it might not altar the natural inclination of the Judges,
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and make them more cruell, by being alwayes exercised in matters of condemnations and executions.
and make them more cruel, by being always exercised in matters of condemnations and executions.
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It was appointed in the law of God, that forty stripes should be given to the offender, and not to exceed, lest thy brother should be despised in thy sight, Deut. 25.3.
It was appointed in the law of God, that forty stripes should be given to the offender, and not to exceed, lest thy brother should be despised in thy sighed, Deuteronomy 25.3.
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Therefore the Jewes inflicted upon Paul fourty stripes save one.
Therefore the Jews inflicted upon Paul fourty stripes save one.
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Fourty was the law, and if they had given the summum jus of the law, they thought they had done injurie;
Fourty was the law, and if they had given the summum jus of the law, they Thought they had done injury;
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so easie it is by a transposition of one letter to turne Jus into Vis. There ought to be therefore a wise mixture of justice and mercy;
so easy it is by a transposition of one Letter to turn Jus into Vis. There ought to be Therefore a wise mixture of Justice and mercy;
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this without that, is foolish pitie; and that without this, is cruelty.
this without that, is foolish pity; and that without this, is cruelty.
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The love of mercie doth not take away the exercise, but severity of justice, the acerbity or wormwood of it,
The love of mercy does not take away the exercise, but severity of Justice, the acerbity or wormwood of it,
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when the mighty hunt their brother with a net, Mic. 7.2.
when the mighty hunt their brother with a net, Mic. 7.2.
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or digge pits (which we call plots) for the soules of others, Jer. 18. They doe not think the cup of justice bitter enough,or dig pits (which we call plots) for the Souls of Others, Jer. 18. They do not think the cup of Justice bitter enough,
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unlesse it be mingled with their gall.
unless it be mingled with their Gall.
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The brest of the Judge should be like the Arke of the Covenant, wherein three things were put, Virga, Manna, Tabulae;
The breast of the Judge should be like the Ark of the Covenant, wherein three things were put, Virga, Manna, Tabulae;
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the Tables of the Law, the Rod of Aaron, the Pot of Manna;
the Tables of the Law, the Rod of Aaron, the Pot of Manna;
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Instruction, Unction, Consolation. Two things (saith Nazienzene ) are requisite in Correction, NONLATINALPHABET and NONLATINALPHABET, Lenitie and Severitie;
Instruction, Unction, Consolation. Two things (Says Nazianzene) Are requisite in Correction, and, Lenity and Severity;
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but they both transgresse, if not well qualified: if the one be NONLATINALPHABET, and the other NONLATINALPHABET, implacable or indiscreet, they may doe much hurt;
but they both transgress, if not well qualified: if the one be, and the other, implacable or indiscreet, they may do much hurt;
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that looseth the reines, with too much remissenesse; and this strangleth, with too much straitnesse: There must be NONLATINALPHABET, as well as NONLATINALPHABET;
that loses the reins, with too much remissness; and this strangleth, with too much straitness: There must be, as well as;
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humane compassion, as well as severe indignation; and then strike on Gods name.
humane compassion, as well as severe Indignation; and then strike on God's name.
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And now the Sword is in your hand, it were good some felt the edge of it.
And now the Sword is in your hand, it were good Some felt the edge of it.
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Against whom then would you turne it? There are a sort of Emissaries, the Seminaries of Sedition, that doe so ply our Recusants, imprinting in them a setled detestation of our Church, whom the Pope having fed a few yeares, makes them his instruments to build up his Monarchie:
Against whom then would you turn it? There Are a sort of Emissaries, the Seminaries of Sedition, that do so ply our Recusants, imprinting in them a settled detestation of our Church, whom the Pope having fed a few Years, makes them his Instruments to built up his Monarchy:
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And hither they come, being bound by a blind obedience, to maintaine his pompe with the expence of their dearest lives,
And hither they come, being bound by a blind Obedience, to maintain his pomp with the expense of their dearest lives,
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and are packt over by that relentlesse Merchant, that trades on no other but the Red Sea of Blood.
and Are packed over by that relentless Merchant, that trades on no other but the Read Sea of Blood.
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Should these have the Sword turn'd upon them? Some perhaps may thinke so; the Sword of Justice, not Violence; and so thinke I:
Should these have the Sword turned upon them? some perhaps may think so; the Sword of justice, not Violence; and so think I:
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or rather, if it may be, I wish them all sound-hearted in England, or safe harboured in Rome.
or rather, if it may be, I wish them all soundhearted in England, or safe Harboured in Room.
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Furthermore, if any Rebels or seditious persons disturbe the State, Time, the Mother of Truth, will discover them:
Furthermore, if any Rebels or seditious Persons disturb the State, Time, the Mother of Truth, will discover them:
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The Sword is an edged toole; and for me, it is not safe medling with it:
The Sword is an edged tool; and for me, it is not safe meddling with it:
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God guide the heart and hand of him that beares it. I will be no Bickri, to blow the Trumpet.
God guide the heart and hand of him that bears it. I will be no Bickri, to blow the Trumpet.
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The Church and Common-wealth are like Hippocrates Twinnes; they laugh and weepe together, they live and die together:
The Church and Commonwealth Are like Hippocrates Twins; they laugh and weep together, they live and die together:
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and as the rending of the Veile of the Temple presaged the ruine of the state of the Jewes, which followed shortly after;
and as the rending of the Veil of the Temple presaged the ruin of the state of the Jews, which followed shortly After;
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so Schismes, if not prevented, will overthrow Government, and at last bring in Anarchie and confusion.
so Schisms, if not prevented, will overthrow Government, and At last bring in Anarchy and confusion.
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I would (saith the Apostle) that they were cut off that trouble you, Gal. 5.12. I dare not wish so.I would (Says the Apostle) that they were Cut off that trouble you, Gal. 5.12. I Dare not wish so.
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Paul was of an extraordinarie spirit;Paul was of an extraordinary Spirit;
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and the reason why I dare not, is, because when a member is cut off, it is hard setting of it on againe.
and the reason why I Dare not, is, Because when a member is Cut off, it is hard setting of it on again.
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If it be rotten and uncurable, there is need of an Ense recidendum est. But, I hope, there is onely a dislocation, a putting out of joynt;
If it be rotten and uncurable, there is need of an Ense recidendum est. But, I hope, there is only a dislocation, a putting out of joint;
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and no more is required, but NONLATINALPHABET, a setting things right:
and no more is required, but, a setting things right:
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and that will be best done (saith the Apostle) NONLATINALPHABET, in the spirit of meekenesse, Gal. 6.1. You that are spirituall, NONLATINALPHABET, restore such:
and that will be best done (Says the Apostle), in the Spirit of meekness, Gal. 6.1. You that Are spiritual,, restore such:
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And you that are temporall Magistrates, and beare the Sword; you especially.
And you that Are temporal Magistrates, and bear the Sword; you especially.
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For what can we doe without you? What can Aaron doe without Moses? Aaron may talke,
For what can we do without you? What can Aaron do without Moses? Aaron may talk,
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but Moses with his Rod must worke wonders. Wee are compared to the Teeth of the Church, Cant. 4. and so are you:
but Moses with his Rod must work wonders. we Are compared to the Teeth of the Church, Cant 4. and so Are you:
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but wee are onely Dentes Articulati, that forme the Voice; but you are Dentes Molares, the Grinders:
but we Are only Dentes Articulati, that Form the Voice; but you Are Dentes Molars, the Grinders:
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those whom we cannot reforme by Preaching, you must with your Authoritie breake them. Thus ye have heard what belongeth to a Magistrate; his Honour, and his Charge.
those whom we cannot reform by Preaching, you must with your authority break them. Thus you have herd what belongeth to a Magistrate; his Honour, and his Charge.
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His Honour stands in two things; His Ordinance, his Preeminence:
His Honour Stands in two things; His Ordinance, his Preeminence:
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His Charge in the use of the Sword, whereunto three things are required, 1. Good lawes, a Sword in the scabbard. 2. Upright judgement according to those lawes, a Sword drawne. 3. Just execution, and that strikes the stroke;
His Charge in the use of the Sword, whereunto three things Are required, 1. Good laws, a Sword in the scabbard. 2. Upright judgement according to those laws, a Sword drawn. 3. Just execution, and that strikes the stroke;
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For he beareth not the Sword in vaine. And now, for a conclusion of all, You whom God hath so highly honoured;For he bears not the Sword in vain. And now, for a conclusion of all, You whom God hath so highly honoured;
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when yee see your selves environed with Officers to attend your persons, your seat of Justice like a throne to exalt your Honours, a number of innocent hearers and lookers on to applaud your truth, a companie of guilty offenders holding up their hands at Barre to expect your Sentence:
when ye see your selves environed with Officers to attend your Persons, your seat of justice like a throne to exalt your Honours, a number of innocent hearers and lookers on to applaud your truth, a company of guilty offenders holding up their hands At Bar to expect your Sentence:
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O then remember another day of Doome, another supreme Judge, before whom hearts shall speake,
Oh then Remember Another day of Doom, Another supreme Judge, before whom hearts shall speak,
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and tongues shall be silent, and a good conscience shall be better than a full purse, At that day,
and tongues shall be silent, and a good conscience shall be better than a full purse, At that day,
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and before that Judge, whose latitude is charity, whose longitude aeternity, whose depth inscrutable wisedome, and whose height incomparable glory.
and before that Judge, whose latitude is charity, whose longitude eternity, whose depth inscrutable Wisdom, and whose height incomparable glory.
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To this Lord in the Trinity of of persons, and unity of substance, One God, Father, Sonne,
To this Lord in the Trinity of of Persons, and unity of substance, One God, Father, Son,
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and holy Ghost, be given all glory, praise and power for evermore. AMEN. FINIS.
and holy Ghost, be given all glory, praise and power for evermore. AMEN. FINIS.
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