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 [Page 2]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.

1 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: [Page 3]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 [Page 4]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.

2 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 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. [Page 5] 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 [Page 6]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.

2 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. Ʋpright judge­ment according to those lawes, that's like a sword drawne. 3. Just execution, that strikes the stroke.

1 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 [Page 7]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 [Page 8]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 would know the reason, Quia ego domi­nus, tu servus; obedientem te volo, non contradicentem, I am thy Lord, thou my servant; I will have thee obedient, not repugnant. Much more now are lawes necessarie, yea new lawes according to occasion, either for preven­tion to stop a mischiefe ensuing, or for subvention to remedy evils past. They are like waters that receive their tincture and tasts from the soyles through which they runne, and so change according to the regions and governments where they are planted; yet they proceed from the same fountaine of justice; They ought not by multitude of constitutions to be snares to good minds, nor by the quirks of mercenarie wits to be perverted to [Page 9]bad purposes; Lawes should command, not dispute. The people of Aegina did impose a pecuniarie mulct upon him that had occasioned a new Law. Amongst the Athenians there was but one new Law made for an hun­dred yeares, and that was procured by one that was monoculus, and the Law was this, That hee should lose both his eyes, who had put out his that had but one. For our part (God be thanked) wee have good Lawes, no Kingdome better; and whether there be any need of more, that must be left to the wisdom of the Estates. If I have herein exceeded my bounds, I cry pardon of the Lawyers; I am sure the lesse wee have to doe with their Law, the better men will like of our Divinity. On­ly with old father Latimer, I hope it is no harme to wish one Law more to be made, which might be like that of the Medes and Persians unalterable, namely for execu­tion of those Lawes that are to be made: For Lawes on­ly made and not executed, are like the Sword in the scabbard. I come therefore to the second point, which is, the Sword drawne, and that's upright judgement.

2 To cleare this passage, foure obstacles must be remo­ved; Feare, Covetousnesse, Hatred, and Favour; Feare dares not draw the Sword, Covetousnesse will not, Ha­tred must not, and Favour may not: of each of these some thing.

Feare was Pilats fault; hee sought many meanes to deliver Jesus, but feare of Caesars displeasure hindered him: If thou let this man goe, thou art not Caesars friend, said the Jewes; then he condemned Christ, Iohn 19.12. If he had said, Vivat Rex, & currat Lex, God blesse Caesar, and let the Law have his course, he had beene a good Judge.

There is a Signe in Heaven called Virgo, betwixt Leo and Libra; Pierius in his Hieroglyphicks compares Ju­stice to this Signe: for Justice is a pure intemerate Vir­gin, never corrupted by those too shamelesse Sollicitors, Nimium & Parum, Excesse and Defect: shee hath Leo on the one side, because a just man is bold as a Lion, Prov. 26.1. and Libra, a paire of Ballances, on the other side, weighing out to every man his right; which he cannot doe equally, if he feare any mans displeasure. He must remember Gods encouragement to Josua, Be valiant and of a good courage. Feare is forbidden by our Saviour Christ, Mat. 10. Feare not them that can kill the Body. A three-fold reason is there given; first, in regard of mans impotence, for his power reacheth no further than the Body, which is but the Bellowes of the Soule, through which she breathes. Anaxarchi follem tundis, non Anax­archum, said he, when he was maul'd to death. Secondly, in regard of Gods providence, which extendeth it selfe to the lives of unreasonable creatures, without which a Sparrow falls not upon the ground. If the life of a Sparrow be governed by Divine Providence, the price whereof is not a farthing; shall not the life of the Just much more, the price whereof is the blood of Christ? Thirdly, whatsoever becomes of our Bodies, not an haire shall be missing, at the Resurrection: The haires of your head are numbred, saith Christ. Non est timendum de majoribus ubi est cura de minimis; si sic custodiuntur superflua tua, in quanta securitate est anima tua? If God care for our superfluities, much more for our necessaries, the Soule especially. Feare not therefore, saith our Saviour Christ. The Magistrate that beares the Sword, must be magna­nimous. Certainely, God hath set such an impression [Page 11]of Majestie in the face of lawfull Authoritie, that wic­kednesse is confounded in it selfe to behold it: For, if from hence the Power that is visible, were not more feared than the invisible God, the world would be over-run with outrage. Therefore a good Magistrate, like a wise Physician, feares not to let out the corrupt blood of Malefactors, to save the life of the State; for the Body of the Common-wealth cannot live, unlesse her bad Members bleed: This requireth fortitude, and Feare dares not draw the Sword.

The second impediment, is Covetousnesse; and that will not draw the Sword. The Prophet Osee complai­neth, Their Rulers love to say with shame, Bring yee, Os. 4.18. It was the fault of Samuels sonnes, they did not walke in their fathers wayes: Why so? Dilexerunt munera, they loved Gifts, nay, Bribes, that was the right name: What followed? Perverterunt judicium, 1 Sam. 8.3. Then God tooke away the Government; the peo­ple chose Saul King, and those bribing Judges were cast off. Aristophanes jeasting upon Cleon, as Plutarch hath it, saith, [...], This man can skill of no straine but the Dorick; alluding to [...], mu­neribus corrumpi, the bribing straine, rightly so called: for, a wicked man (saith Salomon) taketh a gift out of the bosome, to wrest or straine the wayes of Judgement. Many a heavie Curse hath God layd upon this sinne: Woe be unto them (saith the Prophet Esay) that joyne house to house, and field to field, till there be no place, Es. 5.8. not speaking against honest purchasing, but wicked compassing, till there be no place, no place for a neighbour to live by them. Saint Ambrose complained in his time of such greedie encroachments: Rich men cannot dwell alone [Page 12]upon earth, sayes hee; beasts herd together, birds flock together, fishes swim in sholes together, nec dam­num ducunt sed commercium vivendi, They finde a kinde of commerce, no dammage in it; Solus tu homo consortem excludis, includis feras, struis habitacula bestiarum, destruis hominem, Man alone shuts out the companion of his life, and emparketh beasts.

When Alexander sent Phocion an hundred talents, he asked why amongst so many Athenians the King sent gifts unto him? because (saith the Messenger) he heares that thou onely art a just man; then Phocion; Quin igi­tur posthac me bonum esse permittat, Let him suffer mee to be so still, for this is the way to make me stark naught.

What is the glory of a Citie? not sumptuous build­ings and stately pallaces, but where the three faire daughters of Themis doe flourish, Eunomia, Dice, Eirene, Equity, Justice, and Peace. Or as Persa the Captive virgin said of Athens, being asked, if it were not a good­ly strong fenced Citie, answered, Si incolae bene sint mo­rati, 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 [Page 13]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 [Page 14]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 [Page 15]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.

1 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, [Page 16]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 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 [Page 17]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.

2 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.

3 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 cui (que) tribuendi. It is 1. voluntas, and there­fore [Page 18]must be intended. 2. constans, therefore ought not to be corrupted; That's constant justice, Quae ne (que) 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 cui (que) 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.

3 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 [Page 19]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 [Page 20]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 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 [Page 21] 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, [Page 22]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.