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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
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