THE SWORD-BEARER, OR, MAGISTRATES CHARGE.  
A Sermon preached in the Chapel of GUILDHALL, at the Election of, the LORD MAYOR.  
By MATHIAS MILWARD, Bachelor of Divinity, Minister of Saint HILLENS.  AUG. To. 8. Ps. 84. 
Justitia & pax duae amicae sunt, simul osculantur; tu fortè unam vis, alteram non facis.  
LONDON, Printed by John Norton for SAMUEL MAN, dwelling at the Swan in Saint Paul's Churchyard. 16●●.   

TO THE RIGHT HONOURABLE SIR HENRY GARWAY KNIGHT, LORD MAJOR OF THE HONOURABLE CITY OF LONDON.  
RIGHT HONOURABLE:  
THis Sermon of right belongeth to you, being by your appointment Preached; as therefore rivers run to the sea from whence they flow; so this returns to your Honour from whence it sprang. Besides, It is yours (my Lord) by a due debt for many favours received, for which, having no other way to express my thankfulness, I commend this poor service of a verbal but hearty acknowledgement for real courtesies. Lastly, your wise wielding of the Sword you have borne, having drawn the hearts and voices of the best towards you, hath also induced me to this Dedication; wherein as others may see what you have been, so your worthy Successor may see what he should be; It was once mine, it is now yours, and so is  
MY LORD, Your Honours most obliged, Mathias Milward.   

THE SWORD-BEARER OR MAGISTRATES CHARGE.  ROM. 13.4. 
For he beareth not the Sword in vain.  
THe Apostle here setteth down a Rule for two sorts of men; the Magistrate, and People; teaching the one how to govern, 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 Duty. He beareth the Sword, there's his honour: the Sword is a type of his authority: not in vain, that points at his office, not only 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 profess my self existimatorem, non magistrum, an Adviser only, no peremptory teacher; Neither let the name of Sword in these busy 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 myself.  
First therefore the Honour of a Magistrate stands in two things. 1. His Ordinance. 2. His Pre-eminence.  
His Ordinance is of God; The powers that be, are ordained of God, saith the Apostle; Submit yourselves (saith Saint Peter) to every ordinance of man, for the Lords sake, whether it be to the King as supreme, or unto Governors, 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. subjectuè, because it is executed by man. 2. objectiuè, because humane affairs are the object of it. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in respect of the end, because ordained for man's good: yet the Original is from God. For as in the Creation of the world there was a spirit that form; 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 undo man's nature; and though sinne brought into the world servitude and slavery, Gen. 9.25. Cursed be Canaan, a servant of servants shall he be: yet God himself ordained 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 soul over the body, that's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the command of a Master: another of the reason over the appetite: petite: and that's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the power of a Sovereign. God in the beginning gave unto man a threefold power; First, over himself, by freewill 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 choose but fall; but left him to the liberty of his own will, not to fall if he would not offend, nor to offend unless he would himself. God gave him posse non peccare, but not non posse peccare; that is, it was possible for him not to sin, but it was not impossible for him to sin. The second power was over the creatures; for to man's multiplicamini God added dominamini. Let him have dominion over the fish of the sea, and the fowls of the air. Genesis 1.26. The third power was over man; which is either Economical in families, of the husband over the wife, father over his children, master over servants; or Political in Cities viz. Monarchical of one, Aristocratical of many & those the best; or democratical which is the popular state; All were ordained of God either mediately, or immediately. 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 devil, whose will though it be ever wicked, yet his power by God's permission is never unjust; he is called therefore The evil spirit from the Lord. 1 Sam. 16.23. An evil 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 me. Or the manner of getting Rule is not of God; for many run ad Cathedram non ad Curam, to the chair, not to the cure; and Simon Magus will give any thing to be Simon Magnus; but the power itself is of God. The blessed Virgin Mary in her song saith, deposuit potentes, He hath put down the mighty from their seat; not potestatem, power simply, but their power, from doing further mischief. The Elders gave glory sedenti super thronum, Revel. 4. and cast their crowns at his feet; for ego sum qui transfero regna, saith God in Daniel. All earthly power is but translated, & God is the Original. He that said, Per me reges regnant, By me King's reign, said also, et domini dominantur, and Lords rule: It is the Lord that putteth the Sword into your hand. For he beareth the Sword.  
The second point is their Preeminence. Every where the Scripture styles them honourable. The King of Tyre is called the anointed Cherub, whom God set in honour, Ezek. 28.14. Deborah a Mother in Israel Judg. 5.7. They cried before joseph 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 governs all the body; yea many times when the body is at rest, the head is most disquieted. 3. For necessary use, because from thence flows sense 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 wisdom and assistance in power? But that which transcends all, is, I said ye are Gods; which is to be understood only representatively, because God hath given them power to speak to the people in his name, and execute his judgements. I have made thee Pharaohs God, said God to Moses, Exod. 7.1. And these attributes of honour instruct them how to govern, and others how to reverence them. Them how to govern, to rule for God, reward for God, punish for God; remembering always 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 bran of the vulgar, yet they are but ejusdem farinae, of the same meal. Their heads of gold, and breasts of silver, etc. stand but upon feet of clay; the splendour of their renown, the glory of their riches, and strength of their greatness hath but a dusty foundation; pulvis es, et in pulverem reverteris. Again, 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 God's ordinance; but double honour, if he be a good Magistrate, because of his diligence. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, saith Saint chrysostom, very much honour; or double, saith Aquine, reverentiae & subsidij, reverence and maintenance, allegiance and allowance. So tender is God for preservation of their dignities, that he gave his people charge, Elobim lo thikkallel, Thou shalt not rail upon the gods, nor curse the Ruler of thy people, Exod. 22.28. And by an ancient Canon, a severe Censure was imposed upon him that was contumeliosus in magistratum; if a lay man, to excommunicate him; if in orders, to depose him; their persons should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, inviolable, for they are sacred, like an Asylum, a Sanctuary or consecrated Temple, which for the veneration of Religion might not be violated. For this cause David would not lay hands upon Saul when occasion gave him power over his life; for though he was wicked, yet he was the Lords anointed; he had sanctitatem unctionis, though not vitae; an holy calling, though not an holy carriage. S. Judas sets it down for a note of reprobate men, to despise dominion, and speak evil 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 arrows, 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 himself 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 go; 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 maintain that. For you bear the sword; And so I take my leave of your honour, and come next to your charge; for as I have showed them how great they are, so I must needs tell them how good they should be.  
Their charge standeth in the use of the sword, whereunto three things are required: 1. Good laws, they are like the sword in the scabbard. 2. Upright judgement according to those laws, that's like a sword drawn. 3. Just execution, that strikes the stroke.  
To the making of good laws three things are required. 1. The matter, which must be agreeable to the law of nature and will of God. 2. The end, to maintain virtue, and suppress vice. 3. Their extent, not for private gain, but for public good. And when laws are made, there's no exemption of any person from their obedience and subjection. Let every soul be subject to the higher powers, saith the Apostle. Omnis anima; anima propter voluntatem, omnis propter universalitatem; the soul, because obedience ought to be voluntary; every soul because it must universal. To say therefore the Clergy is exempted, because it is not said Omnis spiritus, but omnis anima, that is, animalis homo the laity, not spiritualis homo the Clergy, is viperina glossa, and cates out the bowels of the text. For the soul is taken for the whole man; every soul, that is, every man; there were eight souls in Noah's 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 fare as they list themselves. Is this subjection, or rather is it not a cunning evasion? that's no law that hath only 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 commonwealth, which faith and religion claimeth in the Church. Now, as in religion there are some things in substance, and some things of ceremony; so there are some points essential in justice, and some accidental; the essential points of justice are the same in laws of all commonwealths; for what is a law but a divine ordinance, commanding things honest, and forbidding the contrary? The accidental parts do and may vary according to the circumstances of times, persons, and places. For as good remedies are occasioned from bad diseases, so ex malis moribus bonae leges oriuntur. There was in ancient times no law against a Parricide, whereof Solon being asked the reason, answered, He thought no man so unnatural as to commit that sin; but when the wickedness of the times had produced such monstrous Imps that did kill their own fathers, than a law was provided, and a punishment set down; for the Party so offending, was to be sowed in a leathern sack, with a Dog, a Cock, a Viper, and an Ape, four angry creatures, and so cast into some deep water, as unworthy to reap the benefit of any of the four elements; the reason whereof is given to be this,  qui eum necasset unde ipse natus esset, careret rebus omnibus unde omnia nascuntur, That he which killed him of whom he was borne, should be deprived of those things whereof all things are bred. In the time of Innocence God gave man a law; One tree he must not eat of. It was not envy as the devil would persuade, but a type of Adam's 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 laws necessary, yea new laws according to occasion, either for prevention to stop a mischief ensuing, or for subvention to remedy evils past. They are like waters that receive their tincture and tastes from the soils through which they run, and so change according to the regions and governments where they are planted; yet they proceed from the same fountain of justice; They ought not by multitude of constitutions to be snares to good minds, nor by the quirks of mercenary wits to be perverted to bad purposes; Laws should command, not dispute. The people of Aegina did impose a pecuniary mulct upon him that had occasioned a new Law. Amongst the Athenians there was but one new Law made for an hundred years, and that was procured by one that was monoculus, and the Law was this, That he should lose both his eyes, who had put out his that had but one. For our part (God be thanked) we have good Laws, no Kingdom 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 less we have to do with their Law, the better men will like of our Divinity. Only with old father Latimer, I hope it is no harm to wish one Law more to be made, which might be like that of the Medes and Persians unalterable, namely for execution of those Laws that are to be made: For Laws only made and not executed, are like the Sword in the scabbard. I come therefore to the second point, which is, the Sword drawn, and that's upright judgement.  
To clear this passage, four obstacles must be removed; Fear, Covetousness, Hatred, and Favour; Fear dares not draw the Sword, Covetousness will not, Hatred must not, and Favour may not: of each of these some thing.  
Fear was Pilat's fault; he sought many means to deliver Jesus, but fear of Caesar's displeasure hindered him: If thou let this man go, thou art not Caesar's friend, said the Jews; then he condemned Christ, john 19.12. If he had said, Vivat Rex, & currat Lex, God bless Caesar, and let the Law have his course, he had been a good Judge.  
There is a Sign in Heaven called Virgo, betwixt Leo and Libra; Pierius in his Hieroglyphics compares Justice to this Sign: for Justice is a pure intemerate Virgin, never corrupted by those too shameless Solicitors, Nimium & Parum, Excess and Defect: she hath Leo on the one side, because a just man is bold as a Lion, Prov. 26.1. and Libra, a pair of Balances, on the other side, weighing out to every man his right; which he cannot do equally, if he fear any man's displeasure. He must remember God's encouragement to Josua, Be valiant and of a good courage. Fear is forbidden by our Saviour Christ, Mat. 10. Fear not them that can kill the Body. A threefold reason is there given; first, in regard of man's impotence, for his power reacheth no further than the Body, which is but the bellows of the Soul, through which she breathes. Anaxarchi follem tundis, non Anaxarchum, said he, when he was mauled to death. Secondly, in regard of God's providence, which extendeth itself 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 hair shall be missing, at the Resurrection: The hairs of your head are numbered, 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 Soul especially. Fear not therefore, saith our Saviour Christ. The Magistrate that bears the Sword, must be magnanimous. Certainly, God hath set such an impression of Majesty in the face of lawful Authority, that wickedness is confounded in itself to behold it: For, if from hence the Power that is visible, were not more feared than the invisible God, the world would be overrun with outrage. Therefore a good Magistrate, like a wise Physician, fears not to let out the corrupt blood of Malefactors, to save the life of the State; for the Body of the Commonwealth cannot live, unless her bad Members bleed: This requireth fortitude, and Fear dares not draw the Sword.  
The second impediment, is Covetousness; and that will not draw the Sword. The Prophet Osee complaineth, Their Rulers love to say with shame, Bring ye, Os. 4.18. It was the fault of samuel's sons, they did not walk in their father's ways: Why so? Dilexerunt munera, they loved Gifts, nay, Bribes, that was the right name: What followed? Perverterunt judicium, 1 Sam. 8.3. Then God took away the Government; the people chose Saul King, and those bribing Judges were cast off. Aristophanes' jesting upon Cleon, as Plutarch hath it, saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, This man can skill of no strain but the Doric; alluding to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, muneribus corrumpi, the bribing strain, rightly so called: for, a wicked man (saith Solomon) taketh a gift out of the bosom, to wrest or strain the ways of Judgement. Many a heavy Curse hath God laid upon this sin: Woe be unto them (saith the Prophet Esay) that join house to house, and field to field, till there be no place, Es. 5.8. not speaking against honest purchasing, but wicked compass, till there be no place, no place for a neighbour to live by them. Saint Ambrose complained in his time of such greedy encroachments: Rich men cannot dwell alone upon earth, says he; beasts herd together, birds flock together, fishes swim in shoals together, nec damnum ducunt sed commercium vivendi, They find a kind of commerce, no damage 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 Photion an hundred talents, he asked why amongst so many Athenians the King sent gifts unto him? because (saith the Messenger) he hears that thou only art a just man; then Photion; Quin igitur posthac me bonum esse permittat, Let him suffer me to be so still, for this is the way to make me stark naught.  
What is the glory of a City? not sumptuous buildings and stately palaces, but where the three fair daughters of Themis do 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 City, answered, Si incolae bene sint morati, pulchre munitam arbitror; perfidia & peculatus ex urbe & avaritia si exulant; if perfidiousness, and perjury, and falsehood, if ambition, and pilling, and polling were banished, it were then a goodly City indeed.  
When at a Diet in Worms in Maximilians time, the Princes there met, and upon occasion set forth the excellency of their several Dominions; The Duke of Saxony glorying in his Mineral veins, The Bavarian in his beautiful Cities, The Count Palatine in his fertile soil: Only Eberhard Duke of Wittenburgh said nothing but this, I can boast of nothing in that kind, but this I am proud of, I can lay down my head and sleep securely in the bosom of any of my Subjects; an unvaluable prerogative of a Prince, and no where to be found but where the Magistrate and the people hate Covetousness. For as Fear dares not draw the Sword, so Covetousness will not.  
The third impediment is Hatred; and that must not. For the wrath of man doth not accomplish the righteousness 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 evil; yet he must not draw the sword in anger against the Person, but against the sin. There is a time when a man may be angry; Moses was angry against the Israelites idolatry, Exod. 32.19. and did not offend; Ionas was angry at God's mercy in sparing the Ninivites, and he was reproved; Dost thou well to be angry, saith God, Jon. 4.4. Christ was railed at, mocked, and crucified; yet was not angry, but prayed for his enemies, Father forgive them, for they know not what they do. But when he saw his Father's House abused, than he was angry, and whipped them out of the Temple; he 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 frenzy; for there's a twofold madness; one of the head which makes men run 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, grows to be hatred, and he that hates his brother, is a , 1 Joh. 3.15. Not so much because he hurts his brother, whom he hates; but because he slayeth his own soul; yea, and his brothers too, if he could; Ille vivit, saith S. Augustine, & tamen tu occidisti; he liveth, yet thou hast killed him as much as in thee lieth.  
Now, if a Magistrate be drawn into hatred of any man's person, he may be a double Homicide; for besides the mischief he doth to himself, he may be the death of another. When Josua proceeded against Achan, he did it mildly; My son, confess thy fault and give glory to God, Ios. 7.19. A Magistrate should have least interest in himself. Aristides sitting in judgement upon two men that were adversaries, One of them thinking to make his cause the better by accusing his enemy, said, O Aristides, this man hath done thee great wrong. My friend, quoth Aristides, Tell me what wrong he hath done thee: for I sit here to do thee justice, and not myself. This sword therefore must not be drawn 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 drawn in hatred.  
The fourth impediment, is Partiality or favour. Jehosaphat having set Judges in the Land, gave them this Charge; Take heed what ye do, 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 fear his enemies; if partial, to favour his friends; if covetous, to love himself too much; if he be malicious, he will hate others: And then Truth must needs have a cold Suit, when Malice is chief Juror, and Partiality the Judge. I know pity is the best praise of humanity, and fruit of Christian love; but in Judgement, it may have no place: he must hear the small as well as the great, the rich and the wretch both alike. Alexander when he sat in judgement, would with one ear open hear the Plaintiff, and keep 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. He 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 own. A Magistrate therefore must be inflexible, unpartial, free from passion and affection; with a sword in one hand, and his balance in the other; Ponderat haec causas, percutit ille reos; to ponder men's 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 been long in drawing: and I answer, The blocks in the way were heavy, and not soon removed; and besides, Nulla unquam de vita hominis cunctatio longa est, a man cannot demur too much upon a man's life: for, if he wrongfully miscarry, and the Sword be drawn 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, Wisdom; secondly, Piety; thirdly, Justice.  
Wisdom in discussing causes. This hath ever carried that show of excellency, that the very wicked have laboured to put on the vizard of it. Come, says Pharaoh, let us do wisely; yet his wisdom proved folly, because it was against God's people: so it is with all the worldly wise, as Saint Paul saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Whilst they seemed to be wise, they became fools, Rom. 1. But mark the wisdom of Job, when he was a Magistrate; When I knew not the cause, I sought it out diligently, Job 29.16. This was Gods own way, to teach man: for although all things are open and manifest to his eyes, yet mark how, in judgement, he commends deliberation. The sins of Sodom were exceeding grievous, and their Cry was great; yet, I will go down now (says God) and see, whether they have done altogether according to that Cry; and if not, that I may know. Questionless, God heard and knew; but, noluit audita judicare, he would not judge by the ear only, but by the eye: Vnus oculatus testis plus valet quam auriti decem, One ocular witness is worth ten auricular: therefore he saith, Descendam & videbo, I will go down and see; to instruct men that are in authority. Saith Saint Gregory, Magna crimina tardè credenda sunt cum audiuntur, citius punienda cum cognoscuntur; They must be slow to believe but upon strong evidence, and ready to punish upon just proof. For the Law presumes every man to be good, till he be apparently bad; but when facts have made the contrary evident, than 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: He came to him, not running, but walking; not in heat, but cool of the day: not punishing, but first expostulating in a voice audible and sensible; Adam, where art thou? So Solomon, when he heard the women say what they could, and had sought out the cause diligently, then bring me a sword (saith he); and all Israel heard the judgement which the King had judged, and they feared the King; for they saw that the wisdom of God was in him, to do justice, 1 Kings 3.28. Wisdom in the true use of the Sword, makes a just man both feared and loved; the good men fear him lovingly, the middle sort love him fearfully: only the wicked malefactor fears him servilely, For he beareth not the Sword in vain.  
But now, what's Wisdom without Godliness, but worldly policy? Therefore to upright judgement Piety is required, The wise man feareth and departeth from evil, saith Solomon, Pro. 14.16. Therefore when the righteous are in authority, the people rejoice; but when the wicked comes on and rises up, the man is tried, the good hid themselves, and the people sigh, Pro. 29.2. O how beautiful a sight it is and glorious to behold great men to be good men, Caesar's favourite to be Christ's follower! Religion therefore goes beyond Law; for it is but half a man's honesty to be no better than the Law makes him, which seethe but the outside, and censureth only men's actions: but Religion clears the conscience of evil affections, it reforms the great ones themselves, making their eyes single, and ears indifferent, and hands clean, and hearts upright, to do nothing without the testimony of a good conscience.  
And thirdly, to be religious to God-ward, and not just to man, is to be but a vainglorious hypocrite: therefore to the drawing of the sword, which is upright judgement, Justice is a main requisite. And it is thus defined by Vlpianus, Justitia est constans & perpetua voluntas jus suum cuique tribuendi. It is 1. voluntas, and therefore must be intended. 2. constans, therefore ought not to be corrupted; That's constant justice, Quae neque potentiâ frangi nec pecuniâ corrumpi, nec gratiâ inflecti potest. Which neither money can wrest, nor power break, nor favour bend. 3. perpetua, That supposeth not one act only, but an habit; for justice is not to do justa, which unjust men may do, Mic. 6. but justè, and that requireth three things, 1. The mind of justice in the doer. 2. The rule of justice in the thing done. 3. The end of justice in the doing. 4. Jus suum cuique tribuendi. To give every man his own. For as every virtue hath his proper object; fortitude hath perils, temperance consists in moderation of pleasures, prudence in politic affairs, discerning good or ill; so Justice hath suum cuique for its object and office. Of all virtues 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 himself from his business, his friends, and pleasures, to interest himself in many thankless labours, to compound idle strifes, to watch over our safety, to be disturbed with out-cries when we sleep, is it not just he should be honoured with an answerable estate of pomp and magnificence to express his greatness; and this honour be it what it may be, is not humanitatis officium, but administrationis beneficium; not at our courtesy, but God's appointment, For he beareth not the sword in vain. And thus you see the Sword drawn, which is upright judgement.  
Just execution, and that strikes the stroke, without which all the rest is but an idle flourish. In execution of Justice, there ought to be a moderation to qualify the rigour of it; for extremity to be used always is forbidden by God himself. Noli esse justus nimis, Eccl. 7.18. Press not justice too fare, neither urge it extremely. Lex enim quia seipsam mollire non potest, à nobis mitiganda est, ut sint qui proficiant. Aug. The Prophet Amos complains of some that turned judgement into gall, and the fruit of righteousness into wormwood, Amos 6.12. There is a Court in France called the Torneilles, which is the chamber for criminal causes, so called because the Judges of the other six chambers which are for civil causes, sit there by turns; the reason Bodin gives (as a learned Surveyer of France saith) that it might not alter the natural inclination of the Judges, and make them more cruel, by being always 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 Jews inflicted upon Paul forty stripes save one. Forty was the law, and if they had given the summum jus of the law, they thought they had done injury; so easy it is by a transposition of one letter to turn Jus into Vis. There aught to be therefore a wise mixture of justice and mercy; this without that, is foolish pity; and that without this, is cruelty. The love of mercy 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 dig pits (which we call plots) for the souls of others, Jer. 18. They do not think the cup of justice bitter enough, unless it be mingled with their gall.  
The breast of the Judge should be like the Ark of the Covenant, wherein three things were put, Virga, Manna, Tabulae; the Tables of the Law, the Rod of Aaron, the Pot of Manna; Instruction, Unction, Consolation. Two things (saith Nazienzene) are requisite in Correction, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Lenity and Severity; but they both transgress, if not well qualified: if the one be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, implacable or indiscreet, they may do much hurt; that looseth the reins, with too much remissness; and this strangleth, with too much straightness: There must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as well as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; humane compassion, as well as severe indignation; and then strike on God's name.  
And now the Sword is in your hand, it were good some felt the edge of it. Against whom then would you turn it? There are a sort of Emissaries, the Seminaries of Sedition, that do so ply our Recusants, imprinting in them a settled detestation of our Church, whom the Pope having fed a few years, makes them his instruments to build up his Monarchy: And hither they come, being bound by a blind obedience, to maintain his pomp with the expense of their dearest lives, and are packed over by that relentless Merchant, that trades on no other but the Red Sea of Blood. Should these have the Sword turned upon them? Some perhaps may think so; the Sword of Justice, not Violence; and so think 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 disturb the State, Time, the Mother of Truth, will discover them: The Sword is an edged tool; and for me, it is not safe meddling with it: God guide the heart and hand of him that bears it. I will be no Bickri, to blow the Trumpet. The Church and Commonwealth are like Hypocrates Twins; they laugh and weep together, they live and die together: and as the rending of the Veil of the Temple presaged the ruin of the state of the Jews, which followed shortly after; so Schisms, if not prevented, will overthrow Government, and at last bring in Anarchy 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 extraordinary spirit; and the reason why I dare not, is, because when a member is cut off, it is hard setting of it on again. If it be rotten and uncurable, there is need of an Ense recidendum est. But, I hope, there is only a dislocation, a putting out of joint; and no more is required, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a setting things right: and that will be best done (saith the Apostle) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the spirit of meekness, Gal. 6.1. You that are spiritual, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, restore such: And you that are temporal Magistrates, and bear the Sword; you especially. For what can we do without you? What can Aaron do without Moses? Aaron may talk, but Moses with his Rod must work wonders. We are compared to the Teeth of the Church, Cant. 4. and so are you: but we are only Dentes Articulati, that form the Voice; but you are Dentes Molares, the Grinders: those whom we cannot reform by Preaching, you must with your Authority break 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, 1. Good laws, a Sword in the scabbard. 2. Upright judgement according to those laws, a Sword drawn. 3. Just execution, and that strikes the stroke; For he beareth not the Sword in vain.  
And now, for a conclusion of all, You whom God hath so highly honoured; when ye see yourselves 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 company of guilty offenders holding up their hands at Bar to expect your Sentence: O then remember another day of Doom, another supreme Judge, before whom hearts shall speak, 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 eternity, whose depth inscrutable wisdom, and whose height incomparable glory. To this Lord in the Trinity of of persons, and unity of substance, One God, Father, Son, and holy Ghost, be given all glory, praise and power for evermore.  
AMEN.  
FINIS.   

Perlegi Concionem hanc, dignamque judico quae typis mandetur.  
THO. WYKES R. P. Episc. Lond. Sacellanus domesticus.