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virtue_n fortitude_n justice_n temperance_n 2,097 5 10.3230 5 true
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A50961 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 ... Milward, Matthias, fl. 1603-1641. 1641 (1641) Wing M2187; ESTC R14639 13,535 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