A SERMON PREACHED AT THE GENERAL ASSIZES IN WARWICK, the third of March, being the first Friday in Lent. 1619. By SAMVEL BURTON, Archdeacon of Gloucester. Seen and allowed by Authority. 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 do evil, fear: for he beareth not the sword in vain. For he is the Minister of God to take vengeance on him that doth evil. THE light of the Gospel did no sooner begin to break forth of jury and to shine unto the Gentiles, but presently this scandal was raised against the Professors of it, that they were Novatores rerum, Innovators of States, and Trumpeters of sedition. Of which scandal I cannot say, that it was merely scandalum acceptum, a scandal taken by the Heathen. For indeed it was in some sort, scandalum datum, a scandal given: Not by the true Professors of the name of Christ, but by the jews first. Who, because they were the seed of Abraham, did therefore imagine themselves to be 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 liberaverit, verè liberi eritis; if the Son do make you free, then are you free indeed: And because 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 deliver this for currant Doctrine, That Christians are and aught to be free from subjection, free from tribute. Supposing that Christ in the former place had spoken of civil and corporal freedom; and in the later, of all sorts of Christians: whereas it is plain and evident, that in the former he speaketh only of freedom from sin, and from the curse of the Law; and in the later, only of himself; as he was the Son of God and King of Israel. This Doctrine therefore being altogether false and wicked, and the scandal that grew from it, like to prove pernicious to the Church: was the cause (as chrysostom tells us) that moved the blessed Apostle to enter into this large and religious discourse concerning Magistrates, that both the children of the Church might know their duty, and that the enemies of it might understand, that Christ came not into the world to take away temporal Kingdoms, (as Sedulius speaks) but to give eternal; that the Doctrine of Christ teacheth all due obedience and subjection to Authority, and that if any had taught otherwise, they had not therein delivered the true Doctrine of the Church, but their own false and foolish fancies. Out of this discourse I have chosen this Verse (which I have read unto you) for my Text at this time, as containing fittest matter for this presence. For it containeth two general heads: whereof the 1. First is, the dignity and high calling of the Magistrate. 2. And the second is, his duty. His dignity appears in this, in that he is said to be the Minister of God himself. Which word is twice repeated in this Verse. For he is said to be the Minister of God for good: and he is said to be the Minister of God for vengeance. Out of which partition of his Ministry, arise two several branches of his duty. The first is, the reward of well-doing: and the second is, the punishment of sin. The first is, the protection of the just and innocent: and the second is, the co ertion of the lewd and wicked. 1. Concerning the first, the Apostle tells us, that he is the Minister and Servant of God. And so, no doubt, is every faithful Christian in his several calling. But specially and by prerogative is he that Minister of God, unto whom is committed either the dispensation of the Word in the Church, or the use and exercise of the Sword among the people. Now, if the service of God in the lowest degree be an honourable service, and more to be desired then the command of all the earth: then surely, the service of God in the highest degree, and chiefest places, (which God hath ordained here on earth) must needs be the most honourable service, and require the greatest respect and regard amongst us. And such is the state of Rulers and Governors; they are the Ministers of God; they are his Deputies and Surrogats in the highest place, which is the seat of justice. And therefore, if that of the Prophet in the Psalm, may be rightly applied to any sort of men, then most fitly to Princes and Magistrates. That God hath made them a little lower than the Angels, and crowned them with glory, and worship. For he hath set them in his own Chair and judgement seat; he hath placed them in his own stead; he hath armed them with his own power; he hath covered them with his own Garment and Robe of Estate; he hath girded them with his own Sword; and he hath honoured them with his own Name, Ego dixi, vos Dij estis; I have said, ye are Gods; and ye are all the children of the most High. And if the dignity of this Ministry do not yet sufficiently appear unto us from the Author: look further into the effects and fruits of it Omnium domos, illius vigilia defendit; Omnium otium, illius labour; Omnium delitias, illius industria; Omnium vacationem, illius occupatio. It is the Magistrate only, that makes every man's house his Castle; his labour makes us all to live at ease; his business makes us vacant; his trouble procures our peace; his industry maintains our delight; his pains brings in our profit. That we sit safely in our houses, that we sleep quietly in our beds, that we drink the water of our own Cisterns, that we eat the labour of our own hands, and finally, that we dwell without fear, like judah and Israel in the days of Solomon, every man under his own Vine, and his own Figtree; to whom are we bound, and beholden under God for all this, but only to these Ministers of his (as the Apostle terms them in this place) by whose eyes he watcheth over us, by whose cares he heareth our complaints, out of whose mouths he giveth judgement, by whose hands he smiteth the wicked, and under the shadow of whose wings he covereth the heads of the just and innocent? But why do I enlarge and amplify this point? That the hearts of Magistrates may be exalted, and lifted up? Surely no: It will rather humble them if it be well considered of, and make them fear 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 think, to sit in Peter's Chair, or Paul's; (though Simon Magus perhaps may think it a matter of ease only, and profit;) so we may say of these great and eminent places in the Commonwealth, Non est facile stare loco Davidis, It is not an easy matter to sit in one of David's thrones: the bramble perhaps may think it a thing of nothing, but the Figtree, the Olive, and the Vine, will be afraid to venture on it. And why? Because they know what a burden and a charge belongs unto it, and what accounts depend upon it. For unto whomsoever much is given, of him shall much be required (saith our Saviour.) God when he hath once advanced men to places of honour and authority, when he hath taken them out of the dust and set them among Princes to inherit the seat of Glory (as Hanna speaketh:) when he hath made them Pillars of the earth, and set the world upon them: he looks that they should serve him more strictly then common and ordinary men; he looks for more exact obedience from them, than 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 advanced me to this height, he hath made me a Ruler and a commander over others, and I have lost a great deal of that liberty, that is left to others. Caesari cui omnia licent, propter hoc ipsum multa non licent. Even Caesar himself, because he is above law because he may do all things, for this very cause may not do many things, (saith the wise Seneca) many things that other men may lawfully do. And as the respect of their high advancement doth abridge their liberty, so doth it aggravate their sin. For what was it else that made the sin of Saul so heinous and unpardonable in sparing Agag and the best things, but only this circumstance of his advancement? For when thou wast little in thine own eyes (saith Samuel) thou wast made the head of all the tribes of Israel. And so Nathan to David. God hath anointed thee King over Israel and delivered thee out of the hands of Saul and thou hast slain Vriah the Hittite with the sword, even thou, which wast so much bound unto God for his love unto thee, thou which wast taken from the Sheep-fold and from following the Ewes to be made King over Israel, thou hast done this wickednesle. Hear therefore, O ye Kings, and understand; learn ye that be judges of the earth. Your places are high and honourable, your power is given you of the Lord. But if you that be the Ministers of his Kingdom shall not judge aright, nor keep the Law, nor walk after the counsel of God horribly, and fearfully shall he come upon you. For a sharp judgement shall be to them, that are in high places, mercy will soon pardon the meanest, but mighty men shall be mightily tormented, (saith the Author of the book of Wisdom.) Let no man therefore be so idle to think, that where the dignity & high calling of the Magistrate is treated of, there is or can be any intent, or meaning in the speaker, to puff up 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 seeing the height and excellency of his calling, and being assured that it is of God, might learn thereby, what honour, and duty, and service, we own unto him. This is a point of duty, which the dignity and high calling of the Magistrate doth plainly teach us; and as the times now are, it is a point of duty, than which there is nothing more needful to be taught and learned. That I may speak therefore briefly and distinctly of it: As God requires at our hands, not only outward obedience in our deeds and actions, but also that we honour him with our words, and that our hearts be upright in his sight: so the Magistrate (that sits in God's Seat, and hath his authority in his hands) may justly challenge all these things from us. The very height and excellency of his calling doth enforce them all. For he is the Minister of God, (saith the Apostle) therefore we ought to obey him. He is the Minister of God, therefore we ought not to reproach him, or revile him; but to speak all good of him. He is the Minister of God, therefore we ought not to hate him, or despise him; but to carry a reverend conceit and estimation of him. 1. Now for the first of these; You must understand that when we speak of obedience to humane Laws, we do not mean obedience without exception, but obedience under condition and limitation. So long as the Magistrate commands nothing by his Laws, that is prejudicial to our duty towards God, so long we must obey. But if he command us to do those things that are unlawful; in that case, in stead of obedience we bring subjection. We must not be obedient then, but even then we must be subject. In all other cases; in matters that are apparently good, in civil offices, in affairs of the Commonwealth, in matters of justice, and in all such things as are in their own nature indifferent (and those are such, as are neither commanded nor forbidden in the Word of God) we must not only be subject, but obedient also. Give unto Caesar the things that are Caesars (saith Christ) Submit yourselves to all manner of ordinance (saith Peter.) Let every soul be subject 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 subject to Principalities and Powers, and that they be obedient to every good work. So then, we must be subject simply and without exception; obedient only in those things that are good. Good for ourselves, good for the Church, or good for the Commonwealth wherein we live. And we must not ourselves be judges what is good, but submit our own judgement to the judgement of our Governors, except we find that the things commanded be plainly and directly forbidden in the Word, in which case we must be subject 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 six hundred years after Christ, as may appear, not only by the Books and Writings of all the Fathers of those several ages, but specially by the practice and example of all those noble and renowned Martyrs, which lived in the very heat of the Furnace, in those long and bloody times, containing the succession of ten several Persecutions, under the most cruel Heathen Emperors. Against whom they never offered to make head, never went about to practise treason, never attempted to take up arms; notwithstanding that they were (as Tertullian witnesseth) both more in number, and greater in strength, than any other Nation or Kingdom in the whole world, yet because they were otherwise instructed; where they could not yield obedience, they yielded their subicction, never drawing any other sword against their enemies, but only the sword of the Spirit; never putting on any other armour for their defence, but only the armour of Patience; never thinking of any other siege, but only how they might besiege God with their tears and prayers. How hath the pride and tyranny of that Romish Antichrist despised this Doctrine, and trod it under foot? while sitting in the Temple of God as God; and exalting himself above all that is called God; he is not afraid to tell the World that all power is given him, both in earth and heaven: and to say with Satan (in the fourth of Luke.) All the Kingdoms of the world are mine, and I give them to whom I will. In the height of which presumption, what revel hath he kept in the World? What Tragedies hath he brought upon the Stage? What sport hath he made with the Sceptres and Crowns of Princes? setting his feet upon their necks, roaring against them in his Bulls, discharging their Subjects of their allegiance, exposing their Persons to all hazards, and proclaiming it not only lawful but meritorious (when the Trumpet is once blown and the sign given out of Peter's Chair) for every private man to lay violent hands upon them and to kill them? For so Mariana the Spanish jesuite tells us; that it is a glorious thing to root out evil Princes from the society of men, and that it is salutaris cogitatio, a wholesome thought, for Princes in a morning, next their hearts, to think they live upon these terms; that if they do not govern as they ought, they may not only lawfully, but with a great deal of commendation be killed and murdered. See here what a brawl and what a contrariety is grown betwixt the Apostles and the Bishop of Rome, Saint Peter and Saint Peter's successors, as they call themselves. Saint Peter and Saint Paul do charge and command the people to be subject, even to the most wicked Heathen Tyrants that ever lived (and that not only for fear of wrath, but even for conscience sake:) their successors in these later times, labour nothing more than to steal away the hearts of the people, and to withdraw their obedience and subjection from their natural and true Christian Princes, and to lay them open to the sword of the wicked, if once they refuse to receive their mark into their right hands, and to give their Kingdoms to them. And this they have not laboured without effect. Our own age hath showed us tragical examples in this kind, more than one; and former stories tell us of so many, that, had they not been more unsatiable than the Grave or the Sea, they had surely been glutted long since with the blood of Princes; there being no age since this mystery began to work, wherein they have not made havoc of one or other. The time will not suffer me to pursue these miscreants any longer in their bloody paths: and therefore I must leave them to the just judgement of God, which hath begun already with them, and hath made such a breach upon that Tower of theirs, whose strength and height did (but in the former age) seem to terrify the earth, and threaten heaven; that it gins, you see to totter, and is so battered on every side, that we may easily perceive, it hath but a small time to stand. But in the mean season I am sorry, that our own defects and wants in this very point of obedience, should call me froth them. Is it possible that in a reformed Church; a Church wherein the Romish pride and tyranny is so justly condemned; a Church wherein the Gospel is so plentifully preached; a Church which hath not locked up 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 yielding obedience to a most Christian Magistrate, commanding honest and lawful things? To speak nothing of the Ceremonies of our Church, (against which there is such an head and opposition made by factious spirits) which being in their own nature things indifferent, when once they be agrred upon by the State, and commanded by authority, do cease to be indifferent to private men, to take or leave; how are the very Civil Laws of our Land neglected, nay, despised and scorned amongst us? It was wont to be said of our Laws (as Solon said of his) that they were like unto Spider's webs; that great flies broke through them at their pleasure, & little flies were only taken in them. It is not now so well. Our Laws will not hold so much as the little flies. The meanest that be, will not stick to break them. Let me give you but one instance in this kind, by which you may judge of therest: And that is the Law that is in force concerning abstinence from flesh during the time of Lent. Which abstinence being enjoined, not out of a superstitious conceit of holiness or merit, (for as I remember, there is another statute, that lays a penalty upon all them which shall broach any such opinion) must needs be acknowledged to be as honest a politic Law, as ever was devised, both for the maintenance of Navigation, the preservation of the young breed of Cattles, & the increase of plenty amongst us; yet how is this law contemned, and despised and laughed at? It is not now broken (as it was wont: to be) by a few in corners; but it is openly broken, by the poor as well as the rich, in every man's house and sight, without any shame or fear, as if there were no Law at all for it. You will say perhaps, that this proceeds from the negligence of under officers, that look not better to it. Pardon me in that; I know the Officers may be in fault: but this evil hath a deeper root. It is want of knowledge, want of instruction that hath brought the people to this liberty. They are not plainly taught out of the Word of God; how fare forth they are bound in conscience to yield obedience to humane Laws. For although it be true, that municipal Laws do not bind eternally, nor universally, nor under pain 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 Commandment bindeth the conscience, by force whereof we are bound to yield obedience to the Magistrate commanding lawful things, and things profitable for the Commonwealth. And although in the use of meats and drink, and all things else that are indifferent, we be left unto our Christian liberty: yet we must not think that this liberty is a boundless liberty. For God hath set unto it four bounds which we cannot pass without sin: The bound of Piety; the bound of Loyalty; the bound of Charity; the bound of Temperance and Sobriety. So that although all things be pure unto the pure, and all meats lawful: yet we must not eat unseasonably, nor unsanctifiedly, for then, we break the bound of Piety. We must not eat to the offence of the Magistrate, for than we break the bound of Loyalty. We must not eat to the offence of the weak, for than we break the bound of Charity; We must not eat to excess & surfeiting, for than we break the bound of Temperance and Sobriety. I could therefore wish that those painful and zealous Preachers, which seem? so dear to tender the instruction of the people, would for a time forbear these Maypoles and Morrice-dances, and other such trifles, upon which they spend too much of their strength; and would press this point of Obedience more closely to the Consciences of the people. And I wonder much how it comes to pass, that thinking it so great a sin as they do, (if any thing that ought to be known be kept back from the people) that they themselves, will keep from them this point of truth, so needful to be known, and so profitable for the Commonwealth to be observed. As I must needs profess I never heard any, nor of any of that humour, that did ever tell his people, that they were bound in Conscience to obey the Magistrate in observing Lent: But contrariwise I have heard of many, that will not stick in their own persons to give ill examples, even upon Friday nights in Lent and good Friday too. For they have a conceit, forsooth, that they can never be sufficiently distinguished from Papists, nor freed from superstition, except they feast when the Church appointeth them to fast; and fast, when the Church appointeth them to feast: which barbarous contempt of Law and order, joined with such intolerable pride and wantonness of opposition, is not to be suffered in any government. And therefore my hope is, that you which are in place, will look unto it. And now, if what I have spoken concerning contempt in this particular, you will vouchsafe to apply to all the rest, then may this suffice, for the first duty we own unto the Magistrate, which is, Obedience to his Laws. 2. Besides obedience to his Laws, we are bound to speak reverently & 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, & therefore we ought to speak well of them. God hath set them in his own Seat, & therefore who can open his mouth against them and be guiltless? They watch over us for our good, and therefore we ought to know them and have them in singular reverence for their work sake. We see what pains they take; they are up early and late, they refuse no travail nor labour to keep us in peace and safety. All the recompense we can make them, is only to pray for them and speak well of them. And this is but a verbal recompense, and that is the poorest recompense that can be, and therefore they must needs be vile and unthankful men, that cannot afford them this. But much more vile and wretched they, who (where they are bound by all the Laws of God and Man to speak all good) delight in nothing more, then to whet and set the keenest edge upon their tongues, that so they may shoot the poisoned arrows of their bitter words against them. Those two Apostles Saint Peter & Saint jude, noting a wicked and evil sort of men, which are like clouds without water, and like corrupt trees twice dead and plucked up by the roots; among other crimes do charge them with this as a most heinous impiety, that they despise government, and speak evil of them that be in dignity, contrary to the straight Commandment of God; Thou shalt not speak ill of the Rulers of thy people: & contrary to the example of his holy Angel, which gave not railing words when he contended with Satan himself. And if this be so heinous an impiety, how much hath this age to answer for it, which is, not a little addicted, but in a manner wholly given over unto 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 the course of nature, and men's ears do itch after nothing so much, as to hear the reproaches of their betters, both in Church and Commonwealth. Two vices there are extremely opposite one unto another, and both proceed from the tongue: which have always been justly accounted the plague and bane of all Commonweals, which are Flattery and Railing. Of these it is hard to say, whether is the worse. But the latter certainly is more pestilential and infectious. For (as Tacitus a wise Heathen Writer saith) Ambitionem scriptoris facile adverseris, Obtrectatio & livor pronis auribus accipiuntur. Every man's stomach gins to rise when he hears a Flatterer: but railing and obtrectation, that's always willingly and delightfully heard. And what's the reason? Adulationi foedum crimen seruitutis, (saith he) malignitati falsa species libertatis inest. Flattery doth not only carry with it an odious show of slavery, but it is slavish, there is true slavery in it indeed. And so there is in railing also, for that is a base and a slavish humour too; but yet it carries with it a false show of freedom: they that use it, are accounted free spoken, and free spirited men. Therefore you see pasquils and infamous libels, scurrilous invectives and bitter satyrs, are the only things, that are now esteemed. These are thought to be sparks of truth, cast into the faces of great Personages, by expert and skilful Markemen: but praises and Eulogies, though never so true, never so deserved, are harsh, and hateful in these days. They are not well endured by some humours, no not when they are bestowed upon the dead. For this is one of the reasons given us in print, why there should be no funeral Sermons, because the dead are always praised and commended in them. And therefore the book of Ecclesiasticus, must not be read in Churches, wherein the Author saith; Let us now praise famous men and our fathers that begot us. And Pliny's long Oration in the praise of Traian may be 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: Panegyrics are are not for this age. Poor Rosse his Idea will not sell. Such books are in small request; but if a junius Brutus, or one of buchanan's Dialogues, or a Leicester's commonwealth, or a Philopatris, or a Pruritanus, or any thing else that hath in it any touch or relish of the old Comedy chance to appear out of darkness; we see what catching and snatching there is after such books; such books never hang long upon the Printers hand. As I remember well, when that most odious and infamous Libel came first our, which masked under the name of Martin; a certain Bookseller (who was known to have dispersed many of them) being examined upon oath, (by some which were then of greatest place and authority within this Kingdom) how many he had sold, made answer upon his oath, that within the space of eight or ten weeks, he had sold two thousand of them: adding further, that he could have uttered in the same space, two thousand more, if he had had them, and that there was never any book that pleased the people so well. Good people you must think they were the while, the true brood of Cham, which could take such pleasure in a very scurrilous and dull book, a book wherein in I will not say (as one doth) that wounds were ripped up with a laughing countenance: but a book wherein wounds were inflicted upon the persons of reverend and renowned Prelates, by the pen of the libeler, where indeed there were none at all. That people should show themselves so willing to behold the nakedness of their spiritual fathers, and that the reproaches which were laid upon them in that Libel (which they should have lamented and bewailed with many tears, if they had been true) should rejoice their hearts, and tickle them with delight and pleasure, being false and feigned; this shows that they were led by the same spirit, that was in Cham, and brought the curse upon him. Let us therefore take heed, how we unloose our tongues, and set them at liberty to speak evil of them that are in authority, or lend our ears to them that do it: for he that speaketh, some out his own shame, and he that love's to hear it, love's to see the nakedness of his own father, and both shall be in danger of wrath and judgement for it. 3. The last point of duty that we own to the Magistrate, goes down into the heart, and there requires a reverend conceit and estimation of him. They that have scanned the nature of those passions (that God hath put into the heart of man) observe, that reverence is a mixed affection, and is compounded of these two, Love, and Fear; which are the two affections that God requires of us. The one, as a Father; the other, as a Lord. If I be your Father, where is my love? If I be your Lord, where is my fear? So then, we roverence the Magistrate, when we love him for his goodness; and for his greatness and power do fear and stand in awe of him, being desirous to keep our credit and reputation with him, and to be held in his good opinion, and fearing to give any the least occasion, to be brought before him as evil doers. If this affection, this reverend conceit of the Magistrates person, were (as it ought to be) truly imprinted in the hearts of men, who sees not what good it would do, and what a singular holp and furtherance it would be to all order and government, both in the Church and Commonwealth?) For although it be true that the fear of God is the true Fountain of all virtue; yet as Saint Austen saith of slavish fear, that it is unto Charity, as a needle to the thread, it is many times a means to bring in Charity; so we may say of the reverence of man: That though it be not the true Fountain of virtue, yet it is many times a means to bring us to the true Fountain. They that stand in fear of Men, may easily be led on further to the fear of God. Again, the fear of Men (though it be not able to breed true godliness:) yet it is a bridle to sin: For, Qui malè agere non verentur, videri tamen verecundantur: Men that are not afraid to sin, are yet afraid and ashamed, that the world should see them sin. Now of such there is some hope. But when men have lost modesty, which (as Bernard truly saith) is not only Gemma in vita & vultu adolescentis, a jewel of great price in the life of a young man: but Omnium ornatus aetatum; a beauty to old men, and an ornament to every age: Cum non verecundantur; when they are passed all shame and cannot blush; when they have not only paved their hearts with adamant; but also covered their faces with brass; when they declare their sins, as Sodom, and care not to hide them; no, not from the face of the Magistrate himself: when they have proceeded so fare in sin, that not only the fear of God, but also the shame and reverence 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 perceive what a great mischief it is in a Commonwealth, when the faces of those men are made vile, which should be honourable amongst the people: and when contempt is by Libelers and Railers cast upon them: For when the fear of God and fear of Man, are both taken away; then all the pales, that should keep men within the compass of order and obedience, are utterly broken down, and a wide gap is laid open to all manner of sin and liberty. And therefore they which have the charge of this Commonwealth, as they love the beating down of sin, and the growth of virtue, amongst us; so let them endeavour to maintain to the utmost of all their power, that reverence which is due to the Prince's seat: and let them also be careful of their own credit and reputation. For by that means (I am out of doubt) if not the heart of the wicked, yet his colour and his custom will be somewhat changed; and one of the pales of obedience (at the least) shall be maintained amongst us, and kept standing. And let this suffice for the first part of my Text, concerning the dignity and high calling of the Magistrate, and our duties that depend upon it. 2. I am now at length come unto the second part concerning the duty of the Magistrate, upon which part you shall not need to fear so long a discourse, as you had upon the former. As the time will not bear it, so I hope there be not the like need of it. The people, you see, had need to be taught their duty to the Magistrates, and therefore I have stood the longer upon that point: but, I hope I may presume, that the Magistrates (to whom I speak) in such abundance of knowledge, wherewith God hath endued them, and after so long experience, are not now to learn their duty. 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 just 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 give thee land or living, or money out of his purse (except he will himself.) For in these matters of bounty and charity, the Magistrate hath the same liberty that other men have, to open or shut his hand, as he sees cause to lead him: But to preserve thee in thy right, to maintain thee in thine own, to defend thee from wrong and injury: this is a duty which the Magistrate doth owe unto thee; a duty which he may not deny thee; a duty unto which the supreme Magistrate (at the time of his Coronation) and all that be under him (at the time of their admission unto their places) be directly sworn; a duty for which God hath ordained him; a duty 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 be true, that the Magistrate doth owe this duty to all alike, and must give every man his own without respect of persons: yet his care ought to be greatest for them which are most subject to oppression, and by reason of their disability to defend themselves, lie open to wrong and injury. For, as for the great and mighty men here on earth, the Magistrate needs not to be so careful for them: God bless them all, and send them his grace to do right, for they will take no wrong. They are able to bring all the learned council to the Bar at an Assizes. They have Kindred and Alliance in every corner: they have witnesses ready at hand to pleasure them with an oath: and jurors at command (sure Cards:) which (though they know not how to pray for them) know how to fast for them, if need be. These be the helps which the great Ones of the world do fetch out of Egypt (as the Prophet speaks) which makes them altogether careless of taking wrong from their inferiors: and (I would to God) it did not make them as careless of doing wrong unto them. For still they depopulate, still they rack, still they oppress, and grind the faces of the poor. Not a Cottage, not a School, not a College, not an Hospital can escape their hands. And as for the Church, they make no manner of reckoning what they do unto it. All other Robberies are done out of sight, but Sacrilege is committed at noonday amongst us, in the sight and view of the whole world. Now the eternal God professeth, that he hath a controversy with these Nimrods' and mighty Hunters, which (like unto the Oaks of the Forest) cry out for more room, and will suffer nothing to grow up under them: which lay the foundation of their houses in blood, and build them up with cruelty, and fill them with the spoil of the poor and of the widow, making no difference of right, or wrong, or conscience of any thing: I say the Lord hath a controversy, and as it were, a suit of law against these kind of men: and you that be Magistrates and men of power and authority, are delegates and arbitrators, and committees on God's part. And therefore as in such cases, which come before you, wherein the King is made a party, you are always earnest and vehement, as you ought to be, in the King's behalf, and will not suffer any man to plead or speak against him; so in these causes, wherein it pleaseth God to make himself a party, if you see either the poor Tenant, or the poor Minister, or the poor Commoner, or the poor Widow to be oppressed, if you find their causes to be just and honest, you ought not to be lukewarm, but hot and earnest in them, and to interpose your authority against the mighty, and not to suffer those learned Counsellors (that plead before you) to bestow their eloquence in defence of wrongs. Non hos concessum munus in usus, a gift that was never bestowed upon 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 avoid that fearful Woe, which God (by the mouth of the Prophet Esay) hath denounced against all them that call evil, good; or good, evil. This if you do, your reward shall be sure in the hands of God, and your persons shall be reverend and honourable in the sight of men. For there is nothing in the world that procures a better opinion, and wins more honour and love to the Magistrate, than the defence and protection of the poor. But if you shall neglect this duty (which God forbidden:) remember what Mordecay said to Hester; If thou hold thy peace, comfort and deliverance shall appear to the jews 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 deliverance from some other place, and by some other means. And so we see he doth. For look upon the poor Townships that have been depopulated. In whose hands are they now? I can name you forty (for a need) within a great deal less than twenty 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 blood, that did depopulate it. But as they have rooted poor men out of their dwellings, so God hath rooted them out of theirs. And so in every other kind we see a curse still following goods ill got, and that commonly the third Heir never enjoys them. But this is nothing to the Magistrate: if he wink at wrong, if the seat of justice (that should be a Sanctuary to the oppressed) do yield no comfort; if the cry of the poor, and tears of the widow be constrained to forsake the earth, and to present themselves before the Throne of God in heaven, when the matter is come to this pass, that all men may justly say, Now, O Lord, it is time for thee to lay to thine hand; when the weak and needy are constrained to cry, Help Lord! for there is no help in man; when God is enforced to take the cause of the poor into his own hands, than comfort comes from another place, and then you know what follows in the speech of Mordecay. Give me leave therefore to shut up this point with the same exhortation (which the Prophet Esay used to the Magistrates of judah and jerusalem.) Relieve the oppressed, judge the fatherless, plead for the widow: that so these proverbs, Might overcomes Right; and, As a man is friended, so his cause is ended; and the like, may be utterly forgotten and remembered no more amongst us. 2. The next point of the Magistrates office is to punish malefactors, and evil doers. Whereunto you must not look, that we should exhort them as we did unto the former, as earnestly to execute wrath upon the wicked, as to protect the just and innocent. The Bishops in the primitive Church had consuetudinem intercedendi pro reis; a custom to beg 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 upon me to judge, and censure that Epistle, whether it tend not to too much lenity and remissness; yea, or no.) But if the manner of ancient Bishops was to entreat and beg for pardon; it is not meet for us to call for vengeance and blood out of the Pulpit. Besides, I know the old Rule which tells us; It is better to answer God for mercy, then for justice; and safer for a Magistrate to save the lives 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 receive him into his mercy, and will, if he die as a faithful 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 need to take heed, in what cases they show mercy. For by the example of joshua who destroyed Achan and his house, for stealing the Babylonish garment contrary to the express commandment of God; by the example of Moses, who caused the men of Israel to take vengeance one of another, and every man to turn his sword into the bosom of his own brother, for their cursed Idolatry; by the example of Phinees which slew the adulterer and adulteress both together, and pierced them through with his javeline; (in all which places the wrath of God was appeased towards the people, so soon as the execution was done, and not before) I say, by these and many other examples, that might be produced, it is plain and evident, that in horrible transgressions, in heinous and crying sins, there is no way to remove the wrath of God, and evil from a common State, but by removing and taking away the evil and wicked persons from among the people. Take heed therefore and beware and look to thyself, thou that art a transgressor of the Law. If thou do evil, fear (saith the Apostle) for he beareth not the sword in vain: like the picture of Saint Paul in a glass-window, or like an Image in a stone wall, in whose fingers there be no joints, and whose arms cannot be moved. For he will draw it forth for the punishment of wickedness, and sin, and smite through the loins of the . For as the great Roman Orator could say of himself, Natura me clementem, respublica severum fecit. So truly I make no question of our Magistrates generally through the whole Kingdom, but that they have 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.— We see they give judgement upon Malefactors many times with tears in their eyes: and therefore no doubt their hearts are made of flesh: but the necessity of the Commonwealth and the zeal of God's glory in rooting out sin must make them sometimes severe. And so we see they are, we cannot justly charge them that they are any way defective in their duty for this point: a great number of malefactors are cut off (at these two times of Assizes) within this Kingdom. And a great number, at every monthly Sessions in the City of London. And yet notwithstanding we see the Goals are no sooner empty, but presently they are filled again, and the number of malefactors is great still; though by no means, any way so great as it would be, if justice were wanting. And therefore I could wish, if it were possible, that there were some course taken for the better breeding of this kind of people, that they were not suffered to live in idleness, nor lurk in Alehouses (which we may call as well Pesthouses:) for in my conscience they are the very plague and bane of this Kingdom, where all malefactors take their chief infection: and that there were some course also taken to compel them to come to Church. To which purpose (because I find that such kind of people are seldom presented to the Ecclesiastical Courts, and because there is nothing of force sufficient to keep people in order, and obedience, if the fear of God be wanting) my desire and petition is, that the Statute, which lays a forfeiture of twelve pence a day, on every one, that comes not to his Parish Church, may be revived and duly executed. A matter given in charge (I see) and much talked of, but as yet there is nothing done in it. I am persuaded it would be a very great and powerful means to hinder the growth of sin, & (as S. Austen saith of the Donatists, that though they were compelled to come to Church against their wills, yet being once there, they were, many of them, taken in the net of God's 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) prove nothing else but a burden to the earth that bears them, a reproach to their parents, that begat them, and a plague to the Commonwealth, wherein they live. And with this Petition I end. FINIS.