A SERMON PREACHED AT THE GENERALL ASSISES IN WARWICKE, the third of March, being the first Friday in Lent. 1619.

By SAMVEL BVRTON, Archdeacon of Gloucester.

Seene and allowed by Authoritie.

LONDON, Printed by W. Stansby for Nathaniel Butter. 1620.

ROM. 13.

For he is the Minister of God to thee for thy good. But if thou doe euill, feare: for he beareth not the sword in vaine. For he is the Minister of God to take ven­geance on him that doth euill.

THE light of the Gospell did no sooner begin to breake forth of Iury and to shine vnto the Gentiles, but presently this scandall was raysed against the Professors of it, that they were Nouatores rerum, Innouators of States, and Trumpeters of sedition. Of which scan­dall I cannot say, that it was merely scandalum accep­tum, a scandall taken by the Heathen. For indeed it was in some sort, scandalum datum, a scandall giuen: Not by the true Professors of the name of Christ, but by the Iewes first. Who, because they were the seede of Abraham, did therefore imagine themselues to bee the true owners of the whole earth, and the only men that ought to rule in it. And secondly, by some false Apostles, blind and foolish Teachers, who, (because Christ in his life time had said to his Disciples, Si filius vos liberauerit, verè liberi eritis; if the Sonne doe make you free, then are you free indeed: And because [Page 2]he said to Peter (as it is recorded in the 17. of Mat­thew; Ergo liberi sunt filij, then are the children free) did out of these two places deliuer this for currant Doctrine, That Christians are and ought to bee free from subiection, free from tribute. Supposing that Christ in the former place had spoken of ciuill and corporall freedome; and in the later, of all sorts of Christians: whereas it is plaine and euident, that in the former he speaketh only of freedome from sinne, and from the curse of the Law; and in the later, on­ly of himselfe; as he was the Sonne of God and King of Israel. This Doctrine therefore being altogether false and wicked, and the scandall that grew from it, like to proue pernicious to the Church: was the cause (as Chrysostome tels vs) that moued the blessed A­postle to enter into this large and religious discourse concerning Magistrates, that both the children of the Church might know their dutie, and that the enemies of it might vnderstand, that Christ came not into the world to take away temporall Kingdomes, (as Sedu­lius speaks) but to giue eternall; that the Doctrine of Christ teacheth all due obedience and subiection to Authoritie, and that if any had taught otherwise, they had not therein deliuered the true Doctrine of the Church, but their owne false and foolish fancies.

Out of this discourse I haue chosen this Verse (which I haue read vnto you) for my Text at this time, as contayning fittest matter for this presence. For it contayneth two generall heads: whereof the

1. First is, the dignitie and high calling of the Ma­gistrate.

2. And the second is, his dutie.

His dignitie appeares in this, in that he is said to be the Minister of God himselfe. Which word is twice re­peated in this Verse. For he is said to be the Minister of God for good: and hee is said to be the Minister of God for vengeance. Out of which partition of his Ministerie, arise two seuerall branches of his dutie. The first is, the reward of well-doing: and the second is, the punishment of sinne. The first is, the protecti­on of the iust and innocent: and the second is, the co ertion of the lewd and wicked.

1. Concerning the first, the Apostle tels vs, that he is the Minister and Seruant of God. And so, no doubt, is euery faithfull Christian in his seuerall calling. But specially and by prerogatiue is he that Minister of God, unto whom is committed either the dispensa­tion of the Word in the Church, or the vse and exer­cise of the Sword among the people. Now, if the seruice of God in the lowest degree be an honourable seruice, and more to be desired then the command of all the earth: then surely, the seruice of God in the highest degree, and chiefest places, (which God hath ordayned here on earth) must needs be the most ho­nourable seruice, and require the greatest respect and regard amongst vs. And such is the state of Rulers and Gouernours; they are the Ministers of God; they are his Deputies and Surrogats in the highest place, which is the seate of Iustice. And therefore, if that of the Prophet in the Psalme, may be rightly applyed to any sort of men, then most fitly to Princes and Ma­gistrates. That God hath made them a little lower then the Angels, and crowned them with glorie, and worship. For hee hath set them in his owne Chaire [Page 4]and Iudgement seate; he hath placed them in his own stead; hee hath armed them with his owne power; he hath couered them with his owne Garment and Robe of Estate; hee hath girded them with his owne Sword; and hee hath honoured them with his owne Name, Ego dixi, vos Dij estis; I haue said, yee are Gods; and yee are all the children of the most High.

And if the dignity of this Ministery doe not yet sufficiently appeare vnto vs from the Author: looke further into the effects and fruits of it Omnium domos, illius vigilia defendit; Omnium otium, illius labor; Omnium delitias, illius industria; Omnium vacationem, illius occupatio. It is the Magistrate only, that makes euery mans house his Castle; his labour makes vs all to liue at ease; his businesse makes vs vacant; his trou­ble procures our peace; his industrie maintaynes our delight; his paines brings in our profit. That wee sit safely in our houses, that wee sleepe quietly in our beds, that we drinke the water of our owne Cisterns, that wee eate the labour of our owne hands, and fi­nally, that we dwell without feare, like Iudah and Israel in the daies of Salomon, euery man vnder his owne Vine, and his owne Fig-tree; to whom are wee bound, and beholden vnder God for all this, but on­ly to these Ministers of his (as the Apostle tearmes them in this place) by whose eyes he watcheth ouer vs, by whose cares he heareth our complaints, out of whose mouthes he giueth iudgement, by whose hands hee smiteth the wicked, and vnder the shadow of whose wings hee couereth the heads of the iust and innocent?

But why doe I enlarge and amplifie this point? [Page 5]That the hearts of Magistrates may bee exalted, and lifted vp? Surely no: It will rather humble them if it bee well considered of, and make them feare and tremble at their calling. For as Hierome could say of the great and eminent places of the Church: Non est facile stare loco Pauli, tenere gradum Petri: It is not so easy a matter, as a man would thinke, to sit in Pe­ters Chaire, or Paules; (though Simon Magus per­haps may thinke it a matter of ease only, and profit;) so we may say of these great and eminent places in the Common-wealth, Non est facile stare loco Dauidis, It is not an easy matter to sit in one of Dauids thrones: the bramble perhaps may thinke it a thing of nothing, but the Fig-tree, the Oliue, and the Vine, will bee afraid to venter on it. And why? Because they know what a burden and a charge belongs vnto it, and what accounts depend vpon it. For vnto whomsoeuer much is giuen, of him shall much bee required (saith our Sauiour.) God when he hath once aduanced men to places of honour and authority, when hee hath ta­ken them out of the dust and set them among Princes to inherit the seate of Glory (as Hanna speaketh:) when hee hath made them Pillars of the earth, and set the world vpon them: he lookes that they should serue him more strictly then common and ordinary men; he lookes for more exact obedience from them, then any other. There is no kind of benefit in the world, but brings a kind of bondage with it. And much more this, the greatest of all earthly blessings. And therefore of all men the Magistrate may best say, Beneficium accepi, libertatem amisi: God hath aduanced me to this height, hee hath made me a Ru­ler [Page 6]and a commander ouer others, and therefor I haue lost a great deale of that liberty, that is left to others. Caesari cui omnia licent, propter hoc ipsum multa non licent. Euen Caesar himselfe, because hee is aboue law because he may doe all things, for this very cause may not doe many things, (saith the wise Seneca) many things that other men may lawfully doe. And as the respect of their high aduancement doth abridge their liberty, so doth it agrauate their sinne. For what was it else that made the sinne of Saul so haynous and vnpardonable in sparing Agag and the best things, but only this circumstance of his aduancement? For when thou wast little in thine owne eyes (saith Samu­el) thou wast made the head of all the tribes of Israel. And so Nathan to Dauid. God hath annointed thee King ouer Israel and deliuered thee out of the hands of Saul and thou hast slaine Vriah the Hittite with the sword, euen thou, which wast so much bound vn­to God for his loue vnto thee, thou which wast taken from the Sheep-fold and from following the Ewes to be made King ouer Israel, thou hast done this wic­kednesle. Heare therefore, O yee Kings, and vnder­stand; learne yee that bee Iudges of the earth. Your places are high and honourable, your power is giuen you of the Lord. But if you that bee the Ministers of his Kingdome shall not iudge aright, nor keepe the Law, nor walke after the counsaile of God horribly, and fearefully shall he come vpon you. For a sharpe iudgement shall bee to them, that are in high places, mercy will soone pardon the meanest, but mighty men shall be mightily tormented, (saith the Author of the booke of Wisedome.)

Let no man therefore bee so idle to thinke, that where the dignitie & high calling of the Magistrate is treated of, there is or can be any intent, or meaning in the speaker, to puffe vp his heart with the breath of vanity, or that any wise Magistrate will suffer his heart to rise with it. There is another end and purpose in it; which is our instruction, that we seing the height and excellency of his calling, and being assured that it is of God, might learne thereby, what honour, and du­ty, and seruice, we owe vnto him. This is a point of duty, which the dignity and high calling of the Ma­gistrate doth plainely teach vs; and as the times now are, it is a point of duty, then which there is nothing more needefull to be taught and learned.

That I may speake therefore briefly and distinctly of it: As God requires at our hands, not onely out­ward obedience in our deeds and actions, but also that wee honour him with our words, and that our hearts be vpright in his sight: so the Magistrate (that sits in Gods Seate, and hath his authority in his hands) may iustly challenge all these things from vs. The very height and excellency of his calling doth enforce them all. For he is the Minister of God, (saith the A­postle) therefore wee ought to obey him. Hee is the Minister of God, therefore wee ought not to reproch him, or reuile him; but to speake all good of him. He is the Minister of God, therefore we ought not to hate him, or despise him; but to carry a reuerent con­ceit and estimation of him.

1. Now for the first of these; You must vnder­stand that when wee speake of obedience to humane Lawes, we doe not meane obedience without excep­tion, [Page 8]but obedience vnder condition and limitation. So long as the Magistrate commands nothing by his Lawes, that is preiudiciall to our duety towards God, so long we must obey. But if he command vs to doe those things that are vnlawfull; in that case, in stead of obedience we bring subiection. We must not be obe­dient then, but euen then we must bee subiect. In all other cases; in matters that are apparently good, in ciuill offices, in affaires of the Common-wealth, in matters of iustice, and in all such things as are in their owne nature indifferent (and those are such, as are nei­ther cōmanded nor forbidden in the Word of God) we must not only be subiect, but obedient also. Giue vnto Caesar the things that are Caesars (saith Christ.) Submit your selues to all manner of ordinance (saith Peter.) Let euery soule bee subiect to the higher powers (saith Paul in the beginning of this Chapter.) And in the third to Titus; Put them in remembrance that they be subiect to Principalities and Powers, and that they be obedient to euery good worke. So then, wee must bee subiect simply and without exception; obedient only in those things that are good. Good for our selues, good for the Church, or good for the Common-wealth wherein we liue. And we must not our selues bee Iudges what is good, but submit our owne iudgement to the iudgement of our Gouer­nours, except we find that the things commanded bee plainly and directly forbidden in the Word, in which case wee must bee subiect still, though not obedient. This was (you see) the Doctrine of Christ, this was the Doctrine of Peter and Paul, no other Doctrine taught or thought of in the Christian world, for sixe [Page 9]hundred yeares after Christ, as may appeare, not one­ly by the Books and Writings of all the Fathers of those seuerall ages, but specially by the practice and example of all those noble and renowned Martyrs, which liued in the very heate of the Furnace, in those long and bloudie times, contayning the succession of ten seuerall Persecutions, vnder the most cruell Hea­then Emperours. Against whom they neuer offered to make head, neuer went about to practise treason, neuer attempted to take vp armes; notwithstanding that they were (as Tertullian witnesseth) both more in number, and greater in strength, then any other Nation or Kingdome in the whole world, yet be­cause they were otherwise instructed; where they could not yeeld obedience, they yeelded their subic­ction, neuer drawing any other sword against their enemies, but onely the sword of the Spirit; neuer putting on any other armour for their defence, but onely the armour of Patience; neuer thinking of any other siege, but onely how they might besiedge God with their teares and prayers. How hath the pride and tyrannie of that Romish Antichrist despised this Doctrine, and trod it vnder foote? while sitting in the Temple of God as God; and exalting himselfe aboue all that is called God; he is not afraid to tell the World that all power is giuen him, both in earth and heauen: and to say with Satan (in the fourth of Luke.) All the Kingdomes of the world are mine, and I giue them to whom I will. In the height of which pre­sumption, what reuell hath hee kept in the World? What Tragedies hath hee brought vpon the Stage? What sport hath hee made with the Scepters and [Page 10]Crownes of Princes? setting his feet vpon their necks, roring against them in his Bulls, discharging their Subiects of their allegeance, exposing their Persons to all hazards, and proclayming it not onely lawfull but meritorious (when the Trumpet is once blowne and the signe giuen out of Peters Chaire) for euery pri­uate man to lay violent hands vpon them and to kill them? For so Mariana the Spanish Iesuite tells vs; that it is a glorious thing to roote out euill Princes from the societie of men, and that it is salutaris cogi­tatio, a wholsome thought, for Princes in a morning, next their hearts, to thinke they liue vpon these termes; that if they doe not gouerne as they ought, they may not onely lawfully, but with a great deale of commendation bee killed and murdered. See here what a brawle and what a contrariety is growne be­twixt the Apostles and the Bishop of Rome, Saint Pe­ter and Saint Peters successors, as they cal themselues. Saint Peter and Saint Paul doe charge and command the people to bee subiect, euen to the most wicked Heathen Tyrants that euer liued (and that not onely for feare of wrath, but euen for conscience sake:) their successors in these later times, labour nothing more then to steale away the hearts of the people, and to withdraw their obedience and subiection from their naturall and true Christian Princes, and to lay them o­pen to the sword of the wicked, if once they refuse to receiue their marke into their right hands, and to giue their Kingdomes to them. And this they haue not la­boured without effect. Our owne age hath shewed vs tragicall examples in this kind, more then one; and former stories tel vs of so many, that, had they not [Page 11]beene more vnsatiable then the Graue or the Sea, they had surely beene glutted long since with the bloud of Princes; there being no age since this my­sterie began to worke, wherein they haue not made hauocke of one or other. The time will not suffer me to pursue these miscreants any longer in their bloudy paths: and therefore I must leaue them to the iust iudgement of God, which hath begun alreadie with them, and hath made such a breach vpon that Tower of theirs, whose strength and height did (but in the former age) seeme to terrifie the earth, and threaten heauen; that it begins, you see to totter, and is so bat­tered on euery side, that wee may easily perceiue, it hath but a small time to stand.

But in the meane season I am sorry, that our owne desects and wants in this very point of obedience, should call mee froth them. Is it possible that in a reformed Church; a Church wherein the Romish pride and tyranny is so iustly condemned; a Church wherein the Gospell is so plentifully preached; a Church which hath not locked vp the Word of God: but laid it open, and put it into the hands of all her children; there should be so little conscience made of yeelding obedience to a most Christian Magistrate, commanding honest and lawfull things? To speake nothing of the Ceremonies of our Church, (against which there is such an head and opposition made by factious spirits) which being in their owne nature things indifferent, when once they be agrred vpon by the State, and commanded by authority, doe cease to be indifferent to priuate men, to take or leaue; how are the very Ciuill Lawes of our Land neg­lected, [Page 12]nay, despised and scorned amongst vs? It was wont to be said of our Lawes (as Solon said of his) that they were like vnto Spiders webs; that great flies brake through them at their pleasure, & little flies were only taken in them. It is not now so well. Our Lawes will not hold so much as the little flies. The meanest that be, will not sticke to breake them. Let me giue you but one instance in this kinde, by which you may iudge of therest: And that is the Law that is in force concerning abstinence from flesh during the time of Lent. Which abstinence being enioyned, not out of a superstitious conceit of holynesse or merit, (for as I remember, there is another statute, that layes a penalty vpon all them which shall broach any such opinion) must needs bee acknowledged to be as honest a politique Law, as euer was deuised, both for the maintenance of Nauigation, the preseruation of the young breede of Cattell, & the encrease of plenty a­mongst vs; yet how is this law contemned, and despi­sed and laught at? It is not now broken (as it was wont: to be) by a few in corners; but it is openly broken, by the poore as well as the rich, in euery mans house and sight, without any shame or feare, as if there were no Law at all for it. You will say perhaps, that this pro­ceedes from the negligence of vnder officers, that looke not better to it. Pardon me in that; I know the Officers may be in fault: but this cuill hath a deeper roote. It is want of knowledge, want of instruction that hath brought the people to this liberty. They are not plainely taught out of the Word of God; how farre forth they are bound in conscience to yeeld obedience to humane Lawes. For although it bee [Page 13]true, that municipal Lawes doe not bind eternally, nor vniuersally, nor vnder paine of damnation; and there­fore cannot be said to bind the conscience directly, but by consequent only: yet I hope it will be granted on all hands, that the fift Commandement bindeth the conscience, by force whereof wee are bound to yeeld obedience to the Magistrate commanding lawfull things, and things profitable for the Commonwealth. And although in the vse of meates and drinke, and all things else that are indifferent, wee bee left vnto our Christian liberty: yet wee must not thinke that this liberty is a boundlesse liberty. For God hath set vnto it foure bounds which we cannot passe without sinne: The bound of Piety; the bound of Loyalty; the bound of Charity; the bound of Temperance and Sobriety.

So that although all things bee pure vnto the pure, and all meates lawfull: yet we must not eate vnseaso­nably, nor vnsanctifiedly, for then, wee breake the bound of Piety. Wee must not eate to the offence of the Magistrate, for then we breake the bound of Loy­alty. Wee must not eate to the offence of the weake, for then we breake the bound of Charity; Wee must not eate to excesse & surfetting, for then we breake the bound of Temperance and Sobriety. I could therefore wish that those paineful and zealous Preachers, which seem? so dearely to tender the instruction of the peo­ple, would for a time forbeare these May-poles and Morrice-dances, and other such trifles, vpon which they spend too much of their strength; and would presse this point of Obedience more closely to the Consciences of the people. And I wonder much how it comes to passe, that thinking it so great a sinne [Page 14]as they doe, (if any thing that ought to bee knowne be kept backe from the people) that they themselues, will keepe from them this point of truth, so needfull to bee knowne, and so profitable for the Common­wealth to be obserued. As I must needes professe I neuer heard any, nor of any of that humour, that did euer tell his people, that they were bound in Con­science to obey the Magistrate in obseruing Lent: But contrariwise I haue heard of many, that will not sticke in their owne persons to giue ill examples, euen vpon Friday nights in Lent and good Friday too. For they haue a conceit, forsooth, that they can neuer be sufficiently distinguished from Papists, nor freed from superstition, except they seast when the Church appointeth them to fast; and fast, when the Church appointeth them to feast: which barbarous contempt of Law and order, ioyned with such intollerable pride and wantonnesse of opposition, is not to bee suffered in any gouernment. And therefore my hope is, that you which are in place, will looke vnto it. And now, if what I haue spoken concerning contempt in this particular, you will vouchsafe to apply to all the rest, then may this suffice, for the first duty wee owe vnto the Magistrate, which is, Obedience to his Lawes.

2. Besides obedience to his Lawes, we are bound to speake reuerently & dutifully of him, and not only of him that is supreme, but also of them that are sub­ordinate. For they are the Ministers of God, & therfore we ought to speake wel of them. God hath set them in his owne Seate, & therefore who can open his mouth against them and bee guiltlesse? They watch ouer vs [Page 15]for our good, and therefore we ought to know them and haue them in singular reuerence for their worke sake. We see what paines they take; they are vp early and late, they refuse no trauaile nor labour to keepe vs in peace and safety. All the recompence wee can make them, is only to pray for them and speake well of them. And this is but a verball recompence, and that is the poorest recompence that can be, and there­fore they must needes bee vile and vnthankefull men, that cannot afford them this. But much more vile and wretched they, who (where they are bound by all the Lawes of God and Man to speake all good) delight in nothing more, then to whet and set the keenest edge vpon their tongues, that so they may shoote the poy­soned arrowes of their bitter words against them. Those two Apostles Saint Peter & Saint Iude, noting a wicked and euill sort of men, which are like cloudes without water, and like corrupt trees twice dead and pluckt vp by the rootes; among other crimes doe charge them with this as a most haynous impiety, that they despise gouernement, and speake euill of them that be in dignity, contrary to the streight Comman­dement of God; Thou shalt not speake ill of the Ru­lers of thy people: & contrary to the example of his holy Angell, which gaue not railing words when hee contended with Satan himselfe. And if this be so hay­nous an impiety, how much hath this age to answere for it, which is, not a little addicted, but in a manner wholly giuen ouer vnto it? wherein we see how com­mon a thing it is for children to presume against the ancient; the young against the old, the vile against the honourable: Wherein the tongue hath set on fire [Page 16]the course of nature, and mens eares doe itch after no­thing so much, as to heare the reproches of their betters, both in Church and Commonwealth. Two vices there are extreamely opposite one vnto another, and both proceede from the tongue: which haue al­waies beene iustly accounted the plague and bane of all Commonweales, which are Flattery and Rayling. Of these it is hard to say, whether is the worse. But the latter certainely is more pestilentiall and infecti­ous. For (as Tacitus a wise Heathen Writer saith) Ambitionem scriptoris facile aduerseris, Obtrectatio & liuor pronis auribus accipiuntur. Euery mans sto­macke begins to rise when he heares a Flatterer: but rayling and obtrectation, thats alwaies willingly and delightfully heard. And whats the reason? Adulati­oni foedum crimen seruitutis, (saith he) malignitati falsa species libertatis inest. Flattery doth not only carry with it an odious shew of slauery, but it is sla­uish, there is true slauery in it indeede. And so there is in rayling also, for that is a base and a slauish humour too; but yet it carries with it a false shew of freedome: they that vse it, are accounted free spoken, and free spirited men. Therefore you see pasquils and infa­mous libels, scurrilous inuectiues and bitter satyres, are the onely things, that are now esteemed. These are thought to be sparkes of truth, cast into the faces of great Personages, by expert and skilfull Markemen: but praises and Elogies, though neuer so true, neuer so deserued, are harsh, and hatefull in these dayes. They are not well endured by some humours, no not when they are bestowed vpon the dead. For this is one of the reasons giuen vs in print, why there [Page 17]should be no funerall Sermons, because the dead are alwaies praised and commended in them. And there­fore the booke of Ecclesiasticus, must not bee read in Churches, wherein the Author saith; Let vs now praise famous men and our fathers that begot vs. And Plinies long Oration in the praise of Traian may bee packing out of the world: and so may Pacatus his too, that he made in the praise of Theodosius; and that of Eusebius in the praise of Constantine: Panegyricks are are not for this age. Poore Rosse his Idea will not sell. Such books are in small request; but if a Iunius Brutus, or one of Buchanans Dialogues, or a Leicesters com­mon-wealth, or a Philopatris, or a Pruritanus, or any thing else that hath in it any touch or rellish of the old Comedy chance to appear out of darknesse; wee see what catching and snatching there is after such books; such books neuer hang long vpon the Printers hand. As I remember well, when that most odious and infamous Libell came first our, which masked vn­der the name of Martin; a certaine Booke-seller (who was knowne to haue dispersed many of them) being examined vpon oath, (by some which were then of greatest place and authority within this King­dome) how many hee had sold, made answere vpon his oath, that within the space of eight or ten weekes, hee had sold two thousand of them: adding further, that hee could haue vttered in the same space, two thousand more, if he had had them, and that there was neuer any booke that pleased the people so well. Good people you must thinke they were the while, the true brood of Cham, which could take such plea­sure in a very scurrilous and dul booke, a booke where­in [Page 18]in I will not say (as one doth) that wounds were ript vp with a laughing countenance: but a booke where­in wounds were inflicted vpon the persons of reue­rend and renowned Prelates, by the pen of the li­beller, where indeede there were none at all. That people should shew themselues so willing to behold the nakednesse of their spirituall fathers, and that the reproches which were layd vpon them in that Libell (which they should haue lamented and bewailed with many teares, if they had beene true) should re­ioyce their hearts, and tickle them with delight and pleasure, being false and faigned; this shewes that they were led by the same spirit, that was in Cham, and brought the curse vpon him. Let vs therefore take heede, how wee vnloose our tongues, and set them at liberty to speake euill of them that are in authority, or lend our eares to them that doe it: for hee that speaketh, someth out his owne shame, and hee that loues to heare it, loues to see the nakednesse of his owne father, and both shall be in danger of wrath and iudgement for it.

3. The last point of dutie that we owe to the Ma­gistrate, goes downe into the heart, and there requires a reuerent conceit and estimation of him. They that haue scanned the nature of those passions (that God hath put into the heart of man) obserue, that reue­rence is a mixt affection, and is compounded of these two, Loue, and Feare; which are the two affections that God requires of vs. The one, as a Father; the other, as a Lord. If I bee your Father, where is my loue? If I be your Lord, where is my feare? So then, we rouerence the Magistrate, when wee loue him for [Page 19]his goodnesse; and for his greatnesse and power doe feare and stand in awe of him, being desirous to keepe our credit and reputation with him, and to be held in his good opinion, and fearing to giue any the least oc­casion, to be brought before him as euill doers. If this affection, this reuerend conceit of the Magistrates per­son, were (as it ought to bee) truely imprinted in the hearts of men, who sees not what good it would doe, and what a singular holpe and furtherance it would be to all order and gouernement, both in the Church and Common-wealth?) For although it bee true that the feare of God is the true Fountayne of all vertue; yet as Saint Austen saith of slauish feare, that it is vnto Charitie, as a needle to the threed, it is many times a meanes to bring in Charitie; so we may say of the reuerence of man: That though it be not the true Fountayne of vertue, yet it is many times a meanes to bring vs to the true Fountayne. They that stand in feare of Men, may easily bee led on further to the feare of God. Againe, the feare of Men (though it be not able to breed true godlinesse:) yet it is a bridle to sinne: For, Qui malè agere non verentur, videri ta­men verecundantur: Men that are not afraid to sinne, are yet afraid and ashamed, that the world should see them sinne. Now of such there is some hope. But when men haue lost modesty, which (as Bernard truly saith) is not only Gemma in vita & vultu adolescentis, a jewell of great price in the life of a young man: but Omnium ornatus aetatum; a beautie to old men, and an ornament to euery age: Cum non verecundantur; when they are past all shame and cannot blush; when they haue not only paued their hearts with adamant; [Page 20]but also couered their faces with brasse; when they declare their sinnes, as Sodom, and care not to hide them; no, not from the face of the Magistrate him­selfe: when they haue proceeded so farre in sinne, that not only the feare of God, but also the shame and re­uerence of the world, are fled together and departed from them: such men are in a very dangerous estate, if not wholly desperate, there is little hope of such, or none at all. Whereby we may perceiue what a great mischiefe it is in a Common-wealth, when the faces of those men are made vile, which should be honourable amongst the people: and when contempt is by Libel­lers and Raylers cast vpon them: For when the feare of God and feare of Man, are both taken away; then all the pales, that should keepe men within the com­passe of order and obedience, are vtterly broken downe, and a wide gap is laid open to all manner of sinne and libertie. And therefore they which haue the charge of this Common-wealth, as they loue the beating downe of sinne, and the growth of vertue, a­mongst vs; so let them endeauour to maintayne to the vtmost of all their power, that reuerence which is due to the Princes seate: and let them also be carefull of their owne credit and reputation. For by that meanes (I am out of doubt) if not the heart of the wicked, yet his colour and his custome will be some­what changed; and one of the pales of obedience (at the least) shall bee maintayned amongst vs, and kept standing. And let this suffice for the first part of my Text, concerning the dignitie and high calling of the Magistrate, and our duties that depend vpon it.

2. I am now at length come vnto the second part [Page 21]concerning the dutie of the Magistrate, vpon which part you shall not need to feare so long a discourse, as you had vpon the former. As the time will not beare it, so I hope there be not the like need of it. The peo­ple, you see, had need to bee taught their dutie to the Magistrates, and therefore I haue stood the longer vp­on that point: but, I hope I may presume, that the Magistrates (to whom I speake) in such abundance of knowledge, wherewith God hath endued them, and after so long experience, are not now to learne their dutie. And therefore it may suffice to put them in mind of it. It consisteth, you see, on two parts: whereof,

1. The first is the protection of the iust and inno­cent. For he is the Minister of God (saith the Apostle) for thy good. How for thy good? Not to promote thee to honour; not to giue thee land or liuing, or money out of his purse (except he will himselfe.) For in these matters of bountie and charitie, the Magi­strate hath the same libertie that other men haue, to open or shut his hand, as he sees cause to lead him: But to preserue thee in thy right, to maintayne thee in thine owne, to defend thee from wrong and iniurie: this is a dutie which the Magistrate doth owe vnto thee; a dutie which hee may not denie thee; a dutie vnto which the supreme Magistrate (at the time of his Coronation) and all that bee vnder him (at the time of their admission vnto their places) bee directly sworne; a dutie for which God hath ordayned him; a dutie which the nature of his place exacteth of him. And therefore this must needs be the good, which the Apostle meaneth in this place. Now, though it bee [Page 22]true, that the Magistrate doth owe this dutie to all a­like, and must giue euery man his owne without re­spect of persons: yet his care ought to bee greatest for them which are most subiect to oppression, and by reason of their disabilitie to defend themselues, lie open to wrong and iniurie. For, as for the great and mightie men here on earth, the Magistrate needs not to bee so carefull for them: God blesse them all, and send them his grace to doe right, for they will take no wrong. They are able to bring all the learned coun­cell to the Barre at an Assises. They haue Kinred and Alliance in euery corner: they haue witnesses ready at hand to pleasure them with an oath: and Iurors at command (sure Cards:) which (though they know not how to pray for them) know how to fast for them, if need be. These bee the helps which the great Ones of the world doe fetch out of Aegypt (as the Prophet speaks) which makes them altogether carelesse of ta­king wrong from their inferiours: and (I would to God) it did not make them as carelesse of doing wrong vnto them. For still they depopulate, still they racke, still they oppresse, and grinde the faces of the poore. Not a Cottage, not a Schoole, not a Colledge, not an Hospitall can escape their hands. And as for the Church, they make no manner of reckoning what they doe vnto it. All other Robberies are done out of sight, but Sacriledge is committed at noone-day a­mongst vs, in the sight and view of the whole world.

Now the eternall God professeth, that hee hath a controuersie with these Nimrods and mightie Hun­ters, which (like vnto the Oakes of the Forrest) crie out for more roome, and will suffer nothing to grow [Page 23]vp vnder them: which lay the foundation of their houses in bloud, and build them vp with crueltie, and fill them with the spoile of the poore and of the wid­dow, making no difference of right, or wrong, or con­science of any thing: I say the Lord hath a controuer­sie, and as it were, a suite of law against these kind of men: and you that be Magistrates and men of power and authoritie, are delegates and arbitrators, and com­mitties on Gods part. And therefore as in such cases, which come before you, wherein the King is made a partie, you are alwayes earnest and vehement, as you ought to be, in the Kings behalfe, and will not suffer any man to pleade or speake against him; so in these causes, wherein it pleaseth God to make himselfe a partie, if you see either the poore Tenant, or the poore Minister, or the poore Commoner, or the poore Widow to be opprest, if you find their causes to bee iust and honest, you ought not to be lukewarme, but hot and earnest in them, and to interpose your autho­ritie against the mightie, and not to suffer those lear­ned Counsailors (that plead before you) to bestow their eloquence in defence of wrongs. Non hos con­cessum munus in vsus, a gift that was neuer bestowed vpon them to that end: but to put them in mind of that speech of the Apostle; Omnia possumus pro ve­ritate, contra veritatem nihil possumus; that so they may auoid that fearefull Wo, which God (by the mouth of the Prophet Esay) hath denounced against all them that call euill, good; or good, euill. This if you doe, your reward shall bee sure in the hands of God, and your persons shall bee reuerent and honou­rable in the sight of men. For there is nothing in the [Page 24]world that procures a better opinion, and winnes more honour and loue to the Magistrate, then the de­fence and protection of the poore. But if you shall neglect this dutie (which God forbid:) remember what Mordecay said to Hester; If thou hold thy peace, comfort and deliuerance shall appeare to the Iewes out of another place; but thou and thy house shall perish: So, if you (that be Magistrates) shall hold your peace (when you see wrong and oppression) God will send comfort and deliuerance from some other place, and by some other meanes. And so wee see hee doth. For looke vpon the poore Townships that haue beene depopulated. In whose hands are they now? I can name you fortie (for a need) within a great deale lesse then twentie miles of this place, whereof there is not one at this day, that is in the possession of him, or any of his name or bloud, that did depopulate it. But as they haue rooted poore men out of their dwellings, so God hath rooted them out of theirs. And so in eue­ry other kind wee see a curse still following goods ill got, and that commonly the third Heire neuer en­ioyes them. But this is nothing to the Magistrate: if he winke at wrong, if the seate of iustice (that should bee a Sanctuarie to the oppressed) doe yeeld no com­fort; if the crie of the poore, and teares of the wi­dow be constrayned to forsake the earth, and to pre­sent themselues before the Throne of God in heauen, when the matter is come to this passe, that all men may iustly say, Now, O Lord, it is time for thee to lay to thine hand; when the weake and needy are con­strayned to crie, Helpe Lord! for there is no helpe in man; when God is enforced to take the cause of the [Page 25]poore into his owne hands, then comfort comes from another place, and then you know what followes in the speech of Mordecay. Giue mee leaue therefore to shut vp this point with the same exhortation (which the Prophet Esay vsed to the Magistrates of Iudah and Ierusalem.) Releeue the oppressed, iudge the fatherlesse, plead for the widow: that so these prouerbs, Might ouercomes Right; and, As a man is friended, so his cause is ended; and the like, may be vtterly for­gotten and remembred no more amongst vs.

2. The next point of the Magistrates office is to punish malefactors, and euill doers. Whereunto you must not looke, that wee should exhort them as wee did vnto the former, as earnestly to execute wrath vp­on the wicked, as to protect the iust and innocent. The Bishops in the primitiue Church had consuetudi­nem intercedendi pro reis; a custome to begge Priso­ners, and to entreat their pardon of the Magistrate; which being called in question, is mightily defended by Saint Austin in an Epistle to Macedonius: (I will not take vpon me to iudge, and censure that Epistle, whether it tend not to too much lenitie and remisse­nesse; yea, or no.) But if the manner of ancient Bishops was to intreat and begge for pardon; it is not meete for vs to call for vengeance and bloud out of the Pul­pit. Besides, I know the old Rule which tells vs; It is better to answer God for mercy, then for iustice; and safer for a Magistrate to saue the liues of many malefactors, then to cast away one innocent. For if a malefactor chance to scape at one time, the Hand of God is able to reach him at another: but if an inno­cent die, God may receiue him into his mercy, and [Page 26]will, if he die as a faithfull Christian ought: but it lies not in the power of man to make him satisfaction for the wrong. But notwithstanding all this, they which are in authority had neede to take heede, in what ca­ses they shew mercy. For by the example of Ioshua who destroyed Achan and his house, for stealing the Babylonish garment contrary to the expresse comman­dement of God; by the example of Moses, who cau­sed the men of Israel to take vengeance one of ano­ther, and euery man to turne his sword into the bo­some of his owne brother, for their cursed Idolatry; by the example of Phinees which slew the adulterer and adulteresse both together, and pierced them through with his Iaueline; (in all which places the wrath of God was appeased towards the people, so soone as the execution was done, and not before) I say, by these and many other examples, that might be produced, it is plaine and euident, that in horrible transgressions, in haynous and crying sinnes, there is no way to remoue the wrath of God, and euill from a common State, but by remoouing and taking away the euill and wicked persons from among the people. Take heede therefore and beware and looke to thy selfe, thou that art a transgressor of the Law. If thou doe euill, feare (saith the Apostle) for hee beareth not the sword in vaine: like the picture of Saint Paul in a glasse-window, or like an Image in a stone wall, in whose fingers there be no ioynts, and whose armes cannot be mooued. For he will draw it forth for the punishment of wickednesse, and sinne, and smite through the loynes of the vngodly. For as the great Romane Oratour could say of himselfe, Natura me [Page 27]clementem, respublica seuerum fecit. So truely I make no question of our Magistrates generally through the whole Kingdome, but that they haue hearts of flesh: that their bowels are full of compassion, that nature made them inclineable to mercy and pity.

—Mollissima corda
Humano generi aare se Natura fatetur
Quae lacrimas dedit.—

Wee see they giue iudgement vpon Malefactors many times with teares in their eyes: and therefore no doubt their hearts are made of flesh: but the ne­cessitie of the Common-wealth and the zeale of Gods glory in rooting out sinne must make them sometimes seuere. And so wee see they are, wee cannot iustly charge them that they are any way defectiue in their duty for this point: a great number of malefactors are cut off (at these two times of Assises) within this Kingdome. And a great number, at euery monethly Sessions in the City of London. And yet notwithstan­ding wee see the Goales are no sooner empty, but pre­sently they are filled againe, and the number of male­factors is great still; though by no meanes, any way so great as it would be, if Iustice were wanting. And therefore I could wish, if it were possible, that there were some course taken for the better breeding of this kinde of people, that they were not suffred to liue in idlenesse, nor lurke in Ale-houses (which wee may call as well Pesthouses:) for in my conscience they are the very plague and bane of this Kingdome, where all malefactors take their chiefe infection: and that there [Page 28]were some course also taken to compell them to come to Church. To which purpose (because I find that such kind of people are seldome presented to the Ec­clesiasticall Courts, and because there is nothing of force sufficient to keepe people in order, and obedi­ence, if the feare of God be wanting) my desire and petition is, that the Statute, which layes a forfeiture of twelue pence a day, on euery one, that comes not to his Parish Church, may bee reuiued and duely execu­ted. A matter giuen in charge (I see) and much talked of, but as yet there is nothing done in it. I am perswa­ded it would bee a very great and powerfull meanes to hinder the growth of sinne, & (as S. Austen saith of the Donatists, that though they were compelled to come to Church against their wils, yet being once there, they were, many of them, taken in the net of Gods Word and made good Christians:) so many of these idle persons being compelled to come in, might also be taken and made profitable members: which now (for want of breeding and instruction) proue nothing else but a burden to the earth that beares them, a reproch to their parents, that begat them, and a plague to the Common-wealth, wherein they liue. And with this Petition I end.

FINIS.

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