pulchre munitam arbitror perfidia peculatus ex urbe avaritia si exulant if perfidiousnesse and perjurie and falshood if ambition and pilling and polling were banished it were then a goodly Citie indeed When at a Diet in Wormes in Maximilians time the Princes there met and upon occasion set forth the excellencie of their severall Dominions The Duke of Saxonie glorying in his Minerall veines The Bavarian in his beautifull Cities The Count Palatine in his fertile soyle Onely Eberhard Duke of Wittenburgh said nothing but this I can boast of nothing in that kinde but this I am proud of I can lay downe my head and sleepe securely in the bosome of any of my Subjects an unvaluable prerogative of a Prince and no where to be found but where the Magistrate and the people hate Covetousnesse For as Feare dares not draw the Sword so Covetousnesse will not The third impediment is Hatred and that must not For the wrath of man doth not accomplish the righteousnesse of God James 1.20 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 doth evill yet he must not draw the sword in anger against the Person but against the sinne There is a time when a man may be angry Moses was angry against the Israelites idolatry Exod. 32.19 and did not offend 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 yet was not angry but prayed for his enemies Father forgive them for they know not what they doe But when hee saw his Fathers House abus'd then he was angry and whipt them out of the Temple hee had anger certainly though not as a passion of revenge yet of detestation it was zealous anger not vicious anger 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 another of the heart which turns them out of their patience and that 's anger 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 but because he slayeth his own soule yea and his brothers too if he could Ille vivit saith S. Augustine tamen tu occidisti hee liveth yet thou hast kill'd him as much as in thee lyeth Now if a Magistrate be drawne into hatred of any mans person hee may be a double Homicide for besides the mischiefe he doth to himselfe hee may be the death of another When Josua proceeded against Achan he did it mildly My sonne confesse thy fault and give glory to God Ios 7.19 A Magistrate should have least interest in himselfe 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 My friend quoth Aristides Tell mee what wrong hee hath done thee for I sit here to doe thee justice and not my selfe This sword therefore must not be drawne against the person of the offender but against the offence of the person in detestation of the fault not of the man for it must not be drawne in hatred The fourth impediment is Partialitie or favour Jehosaphat having set Judges in the Land gave them this Charge Take heed what yee doe for you judge not for man but for the Lord 2 Chron. 19. That word excludes all corruption for if he be pusillanimous he will judge for man that makes him feare his enemies if partiall to favour his friends if covetous to love himselfe too much if he be malicious he will hate others And then Truth must needs have a cold Suit when Malice is chiefe Juror and Partialitie the Judge I know Pitie is the best prayse of humanitie and fruit of Christian love but in Judgement it may have no place he must heare the small as well as the great the rich and the wretch both alike 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 for Qui statuit aliquid parte inauditâ alterâ aequum licet statuerit haud aequus fuit said the Tragedian Hee that determineth upon hearing of but one party though his judgement be true yet he is not right Judge For favour being the false advocate of the gracious is injurious to truth and it is required that Judges should be men of truth Exod. 18. Now there is veritas vitae veritas justitiae veritas doctrinae 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 justice in giving every man his owne A Magistrate therefore must be inflexible unpartiall free from passion and affection with a sword in one hand and his ballance in the other Ponderat haec causas percutit ille reos to ponder mens causes and punish their offences without partiality Now having removed the impediments I come to the drawing of the Sword which is upright Judgement You will say perhaps it hath beene long in drawing and I answer The blocks in the way were heavie and not soone removed and besides Nulla unquam de vita hominis cunctatio longa est a man cannot demurre too much upon a mans life 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 This hath ever carried that shew of excellencie that the very wicked have laboured to put on the vizard of it Come sayes Pharaoh let us doe wisely yet his wisedome proved folly because it was against Gods people so it is with all the worldly wise as Saint Paul sayth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whilest they seemed to be wise they became fooles Rom. 1. But marke the wisedome of Job when he was a Magistrate When I knew not the cause I sought it out diligently Job 29.16 This was Gods owne way to teach man for although all things are open and manifest to his eyes yet marke how in judgement he commends deliberation The sinnes of Sodome were exceeding grievous and their Crie was great yet I will goe downe now sayes God and see whether they have done altogether according to that Crie and if not that I may know Questionlesse God heard and knew but noluit audita judicare he would not judge by the eare onely but by the eye Vnus oculatus testis plus valet quam auriti decem One ocular witnesse
name And now the Sword is in your hand it were good some felt the edge of it 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 And hither they come being bound by a blind obedience to maintaine his pompe with the expence of their dearest lives and are packt over by that relentlesse Merchant that trades on no other but the Red Sea of Blood Should these have the Sword turn'd upon them Some perhaps may thinke so the Sword of Justice not Violence and so thinke I or rather if it may be I wish them all sound-hearted in England or safe harboured in Rome Furthermore if any Rebels or seditious persons disturbe the State Time the Mother of Truth will discover them The Sword is an edged toole and for me it is not safe medling with it God guide the heart and hand of him that beares it I will be no Bickri to blow the Trumpet The Church and Common-wealth are like Hippocrates Twinnes they laugh and weepe together they live and die together and as the rending of the Veile of the Temple presaged the ruine of the state of the Jewes which followed shortly after so Schismes if not prevented will overthrow Government and at last bring in Anarchie and confusion I would saith the Apostle that they were cut off that trouble you Gal. 5.12 I dare not wish so Paul was of an extraordinarie spirit and the reason why I dare not is because when a member is cut off it is hard setting of it on againe 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 and no more is required but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a setting things right and that will be best done saith the Apostle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the spirit of meekenesse Gal. 6.1 You that are spirituall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 restore such And you that are temporall Magistrates and beare the Sword you especially For what can we doe without you What can Aaron doe without Moses Aaron may talke but Moses with his Rod must worke wonders Wee are compared to the Teeth of the Church Cant. 4. and so are you but wee are onely Dentes Articulati that forme the Voice but you are Dentes Molares the Grinders 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 His Honour stands in two things His Ordinance his Preeminence 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 For he beareth not the Sword in vaine And now for a conclusion of all You whom God hath so highly honoured 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 O then remember another day of Doome another supreme Judge before whom hearts shall speake and tongues shall be silent and a good conscience shall be better than a full purse At that day and before that Judge whose latitude is charity whose longitude aeternity whose depth inscrutable wisedome and whose height incomparable glory To this Lord in the Trinity of of persons and unity of substance One God Father Sonne and holy Ghost be given all glory praise and power for evermore AMEN FINIS Perlegi Concionem hanc dignamque judico quae typis mandetur THO. WYKES R. P. Episc Lond. Sacellanus domesticus
the head governes all the body yea many times when the body is at rest the head is most disquieted 3. For necessary use because from thence flowes sence and motion into all the members of the body 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 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 I have made thee Pharaohs God said God to Moses Exod. 7.1 And these attributes of honour instruct them how to governe and others how to reverence them 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 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 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 the splendour of their renowne the glory of their riches and strength of their greatnesse hath but a dusty foundation 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 but double honour if he be a good Magistrate because of his diligence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Saint Chrysostome very much honour or double saith Aquine reverentiae subsidij reverence and maintenance allegeance and allowance 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 nor curse the Ruler of thy people Exod. 22.28 And by an ancient Canon a severe Censure was imposed upon him that was contumeliosus in magistratum if a lay man to excommunicate him if in orders to depose him 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 For this cause David would not lay hands upon Saul when occasion gave him power over his life 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 S. Jude sets it downe for a note of reprobate men to despise dominion and speake evill of dignities Yet such a pernicious brood there is in the world that bend their tongues like a bow against authority and shoot out their arrowes even bitter words 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 and ascribed their miracles to the power of Belzebub But let them goe and good luck have you with your honour ride on because of the word of truth remember it is that which gives you honour and it stands with your honour to maintaine that For you beare the sword And so I take my leave of your honour and come next to your charge for as I have shewed them how great they are so I must needs tell them how good they should be 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. Vpright judgement according to those lawes that 's like a sword drawne 3. Just execution that strikes the stroke 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 and suppresse vice 3. Their extent not for private gaine but for publick good And when lawes are made there 's no exemption of any person from their obedience and subjection Let every soule be subject to the higher powers saith the Apostle Omnis anima anima propter voluntatem omnis propter universalitatem the soule because obedience ought to be voluntary every soule because it must universall 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 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 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 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 that very reference loseth the reverence and authority of it 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 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 the essentiall points of justice are the same in lawes of all common-wealths 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 as good remedies are occasioned from bad diseases so ex malis moribus bonae leges oriuntur 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 but when the wickednesse of the times had produc'd such monstrous Imps that did kill their owne fathers then a law was provided and a punishment set downe for the Party so offending was to be sowed in a leathern sack with a Dogge a Cock a Viper 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 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 In the time of Innocencie God gave man a law One tree he must not eate of It was not envie as the devill would perswade but a type of Adams obedience as if God should tell him saith Saint Austin If Adam