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A50961
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The svvord-bearer, or, Magistrates charge a sermon preached in the Chappell of Guild-Hall, at the election of the Lord Mayor / by Mathias Milward ...
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Milward, Matthias, fl. 1603-1641.
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1641
(1641)
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Wing M2187; ESTC R14639
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13,535
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27
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is worth ten auricular therefore he saith Descendam videbo I will goe downe and see to instruct men that are in authoritie Saith Saint Gregorie Magna crimina tardè credenda sunt cum audiuntur citius punienda cum cognoscuntur They must be slow to beleeve but upon strong evidence and readie to punish upon just proofe For the Law presumes every man to be good till he be apparantly bad 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 When Adam had sinned God proceeded against him judiciously Hee came to him not running but walking not in heat but coole of the day not punishing but first expostulating in a voice audible and sensible Adam where art thou So Solomon when he heard the women say what they could and had sought out the cause diligently then bring me a sword saith he and all Israel heard the judgement which the King had judged and they feared the King 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 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 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 Therefore when the righteous are in authority the people rejoyce but when the wicked comes on and rises up the man is tried the good hide themselves 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 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 but Religion cleares the conscience of evill affections it reformes the great ones themselves making their eyes single and eares indifferent and hands cleane and hearts upright to doe nothing without the testimony of a good conscience And thirdly to be religious to God-ward and not just to man is to be but a vaine-glorious hypocrite therefore to the drawing of the sword which is upright judgement Justice is a maine requisite And it is thus defined by Vlpianus Justitia est constans perpetua voluntas jus suum cuique tribuendi It is 1. voluntas and therefore must be intended 2. constans therefore ought not to be corrupted That 's constant justice Quae neque potentiâ frangi nec pecuniâ corrumpi nec gratiâ inflecti potest Which neither money can wrest nor power breake nor favour bend 3. perpetua That supposeth not one act onely but an habit 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 cuique tribuendi To give every man his owne For as every vertue hath his proper object fortitude hath perils temperance consists in moderation of pleasures prudence in politick affaires discerning good or ill so Justice hath suum cuique for it's object and office Of all vertues they say Justice minds alienum bonum the good of another receives no benefit from men but the praise of a just action their prayers and praises And that justly 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 and this honour be it what it may be is not humanitatis officium but administrationis beneficium not at our courtesie but Gods appointment For hee beareth not the sword in vaine And thus you see the Sword drawne which is upright judgement Just execution and that strikes the stroke without which all the rest is but an idle flourish In execution of Justice there ought to be a moderation to qualifie the rigour of it 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 Lex enim quia seipsam mollire non potest à nobis mitiganda est ut sint qui proficiant Aug. The Prophet Amos complaines of some that turned judgement into gall and the fruit of righteousnesse into wormewood Amos 6.12 There is a Court in France called the Torneilles which is the chamber for criminall causes so called because the Judges of the other six chambers which are for civill causes sit there by turnes the reason Bodin gives as a learned Surveyer of France saith that it might not alter the naturall inclination of the Judges and make them more cruell by being alwayes exercised in matters of condemnations and executions 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 Therefore the Jewes inflicted upon Paul fourty stripes save one Fourty was the law and if they had given the summum jus of the law they thought they had done injurie 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 this without that is foolish pitie and that without this is cruelty The love of mercie doth not take away the exercise but severity of justice the acerbity or wormwood of it when the mighty hunt their brother with a net Mic. 7.2 or digge pits which we call plots for the soules of others Jer. 18. They doe not think the cup of justice bitter enough unlesse it be mingled with their gall The brest of the Judge should be like the Arke of the Covenant wherein three things were put Virga Manna Tabulae the Tables of the Law the Rod of Aaron the Pot of Manna Instruction Unction Consolation Two things saith Nazienzene are requisite in Correction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lenitie and Severitie but they both transgresse if not well qualified if the one be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 implacable or indiscreet they may doe much hurt that looseth the reines with too much remissenesse and this strangleth with too much straitnesse There must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 humane compassion as well as severe indignation and then strike on Gods
THE SVVORD-BEARER OR MAGISTRATES CHARGE A Sermon preached in the Chappell of GUILD-HALL at the Election of the LORD MAYOR By MATHIAS MILWARD Bachelor of Divinitie Minister of Saint HILLENS AUG To. 8. Ps 84. Justitia pax duae amicae sunt simul osculantur tu fortè unam vis alteram non facis LONDON Printed by John Norton for SAMUEL MAN dwelling at the Swan in Saint Pauls Church-yard 16â—â— TO THE RIGHT HONORABLE SIR HENRY GARWAY KNIGHT LORD MAJOR OF THE HONORABLE CITIE OF LONDON RIGHT HONORABLE THis Sermon of right belongeth to you being by your appointment Preacht as therefore rivers runne to the sea from whence they flow so this returnes to your Honour from whence it sprang Besides It is yours my Lord by a due debt for many favours received for which having no other way to expresse my thankfulnesse I commend this poore service of a verball but hearty acknowledgement for reall courtesies Lastly your wise wielding of the Sword you have borne having drawne the hearts and voyces of the best towards you hath also induced mee to this Dedication wherein as others may see what you have been so your worthy Successour may see what he should be It was once mine it is now yours and so is MY LORD Your Honours most obliged Mathias Milward 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 teaching the one how to governe the other how to obey Now the Magistrate must be the subject of my discourse at this time In whom two things are considerable 1. Honos his Honour 2. Onus his Charge his Dignity and his Dutie He beareth the Sword there 's his honour the Sword is a type of his authority not in vaine that points at his office not onely for pomp or state but for use for execution of justice 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 Neither let the name of Sword in these buisie times be prejudicious to what I shall say and think not my Sermon the sharper for that for I shall handle it so tenderly as neither to provoke any enemies nor to offend any friends nor to hurt my selfe First therefore the Honor of a Magistrate stands in two things 1. His Ordinance 2. His Preheminence His Ordinance is of God The powers that be are ordained of God saith the Apostle Submit your selves saith Saint Peter to every ordinance of man for the Lords sake whether it be to the King as supreame or unto Governours as unto them that are sent by him 1 Peter 2.13 Saint Peter calls them an humane ordinance not in regard of the first institution of it but for use 1. subjectvè because it is executed by man 2. objectivè because humane affaires are the object of it 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in respect of the end because ordained for mans good yet the Originall is from God For as in the Creation of the world there was a spirit that formed so in the conservation thereof the same spirit reformeth to this day and that 's done by Ruling Man being by nature a sociable creature take away Rule and Power you undoe mans nature and though sinne brought into the world servitude and slavery Gen. 9.25 Cursed be Canaan a servant of servants shall hee be yet God himselfe ordain'd power and order there 's order among the blessed Angels if not ex praecepto yet ex consilio and in every man God hath imprinted a double jurisdiction one of the soule over the body that 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the command of a Master another of the reason over the appetite petite and that 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the power of a Soveraigne God in the beginning gave unto man a three-fold power First over himselfe by free-will to govern his actions for God set man at first non in Tuto sed in cauto saith S. Bern. not in such security that he could not fall nor in such necessity that he could not chuse but fall but left him to the liberty of his owne will not to fall if hee would not offend nor to offend unlesse hee would himselfe God gave him posse non peccare but not non posse peccare that is it was possible for him not to sinne but it was not impossible for him to sinne The second power was over the creatures for to mans multiplicamini God added dominamini Let him have dominion over the fish of the sea and the fowles of the ayre Genesis 1.26 The third power was over man which is either Oeconomicall in families of the husband over the wife father over his children master over servants or Politicall in Citties viz. Monarchicall of one Aristocraticall of many those the best or Democraticall which is the popular state All were ordain'd of God either mediatly or immediatly There is no power but of God saith the Apostle 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 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 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 and Simon Magus will give any thing to be Simon Magnus but the power it selfe is of God The blessed Virgin Mary in her song saith deposuit potentes Hee hath put downe the mighty from their seat not potestatem power simply but their power from doing further mischiefe The Elders gave glory sedenti super thronum Revel 4. and cast their crownes at his feet for ego sum qui transfero regna saith God in Daniel All earthly power is but translated God is the Originall He that said Per me reges regnant By me Kings reigne said also et domini dominantur and Lords rule It is the Lord that putteth the Sword into your hand For he beareth the Sword The second point is their Preeminence Every where the Scripture stiles them honourable 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a good Ruler differs not from a good father They be called Heads Numb 1.16 for three causes 1. For their eminence above the rest 2. For command because