good vse of your indulgence as to be ashamed and reclaimed Wherefore as St. Iude obserues you must saue some with feare and plucke them out of the fire wherein they would burne themselues you must compell them to learn and obey the law of the God of Ezra the true God whereupon followeth also the next point which is they will the more easily be brought to doe the Kings law Of obseruing lawes in generall I need say no more than I haue but the iniquity of the times wills mee to remember you that lawes must bee obeyed though they be the lawes of the King of Persia this is the second caution The Proctors of Rome though they dare not flatly deny it yet so sophystically handle it that what with subiecting the scepter of Kings to the command of Popes and exempting of such persons and cases as seeme good vnto him they vndermine what they would seeme to yeeld and the most they grant is no more nor no longer than their Holy Father doth that 's too much or hereafter will allow them If hee will abrogate all they must acknowledge none no lawes of a King of Persia a King that is not of their religion Others haue learnedly and sufficiently shaken their grounds and my Text is an argument of no small force to resolue the consciences of such as doubt whether a different religion doth euacuate the power of a lawfull Soueraigne It doth not though it be a false religion how much more when it is the true and the King our King commands onely for the God of Ezra the true God and enioynes no other worship of him than according to his owne lawes the vndoubted register whereof is the sacred Word of God Wherefore you must bee as the earth mentioned in the Reuelation cap. 12. and swallow all those waters that the dragon casts forth to drowne the woman you must crush these seedes of rebellion which ayme at nothing but the ouerthrow of true Religion And how must you crush it euen by punishment And so I come to the second worke of iudgement from the precept to the sanction which containes the second limitation of the power Wherein I obserue first how farre the Magistrate may draw his sword Looke how farre his prouidence doth reach so farre may his vengeance reach also The reward of sinne is death eternall death to violate Gods Lawes or the Kings is no lesse than sinne it should therefore be reuenged with eternall death But behold here vnspeakeable mercie God would haue vs iudged here by men that we be not condemned hereafter by him This is the proper end of the keyes and the sword of the power that is in the Prince and the Pastor The occasion draweth mee to speake of the Sword yet let me giue you this Item touching the Keyes that malefactors must remember that for euerie of their offences challengable by the Law of man they owe a repentance vnto God and the greater their offence the deeper should be their repentance Which I the rather note because there are too many of them that scarce giue glorie vnto God when they suffer by the Law and if they escape make no conscience at all of their sin as if how soeuer they speed at the iudgement seat of men they were not to take heed that they be not cast at the barre of God which the first Councell of Nice well corrected when imitating Gods law without preiudice to the ciuill sword it appointed sundrie yeares penance according to the grieuousnesse of sinne Sed pristino rigori non sumus pares the Liturgie of our Church saith that it were to bee wished but the iniquitie of the times that it is not to be hoped Secondly seeing your power should touch men with a losse temporall to keepe them from a losse eternall you see what wrong you doe them when you suffer them to spend their dayes in loosenesse and in a moment as Iob speaketh though from their beds they goe quicke down into hell how much better were it for them if with one hand or one eye they might goe into heauen than hauing both to bee cast into hell O then let the righteous rebuke them yea smite them rather than that your precious balmes should breake their heads yea slay their soules spare nothing that is temporall so you may preserue them from the paine which is eternall You see how farre you may draw the sword But when you strike your strokes must bee proportionable to their sinnes but the proportion must not be Arithmeticall but Geometricall they must be secundum merita but not aequalia meritis you may punish intra but not vltra medum so doth God who notwithstanding doth punish in number weight and measure Semper aliquid detrahit de poenae atrocitate as Nazianzene speaketh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he doth temper mercie with iudgement In the hand of the Lord there is a cup the wine thereof is red and it is full mixt whereof though his children offending drinke yet only the incorrigible wicked drinke the dregs thereof And the same Father writing to the Emperours Deputie reckoning vp his vertues demands this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what shall I say of your clemencie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here you decline something but he addes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I cannot much blame you you haue God for your patterne who in Hosea speakes thus of himselfe How shall I giue thee vp O Ephraim how shall I deliuer thee O Israel how shall I make thee as Admah how shall I set thee as Seboim my heart is turned within mee my repentings are rouled together I will not execute the fiercenesse of my wrath c. You must wisely then temper iudgement and mercie but so that mercie doe not hinder iudgement and yet that of the two mercie reioyce against iudgement And thus haue you heard what a Iudge may and must doe he may take the sword and must vse it against malefactors but with the conditions of the vse and limitations of the power specified in my text The conditions are two he must vse it timely and indifferently the limitations also two he must extend it to all transgressions of both Tables and intend it according to their transgressions And the end of all must bee by a temporall punishment to saue the wicked from eternall paine or if that will not bee that the blood of all cursing Shimei's and factious Ioabs and irreligious Abiathars also may bee vpon their head and the head of their seed but vpon Dauid our Dauid vpon his house and vpon his throne vpon this whole Church and Common weale may bee peace for euer from the Lord. MOst mighty most mercifull Lord who to preserue sincere pietie and secure peace in the Church and Common weale hast put the sword into the hands of mortall men and for the vse thereof hast aduanced them aboue their Brethren we humbly beseech thee so to sanctifie them with thy grace whom
the law of the Lord thy God and the Kings law let him haue iudgement without delay whether it be to death or banishment or confiscation of goods or imprisonment THese words that I haue read vnto you are the close of a Commission granted by Artashasht King of Persia at that time also King of the holy Land vnto Ezra a religious Priest and learned Scribe of the Iewes This Commission consisteth of manie branches the last commands the creating of Iudges in the Territorie of Iewrie concerning whom it is expressed How they ought to be qualified and Whereunto they are authorised Their quality is set downe vers 25. their authority is the argument of my Text a great authoritie because it is of the Sword the King giues this power that biddes them giue Iudgement But that their power may be as good as it is great they must vse it against malefactors so saith the King against them that will not doe the law and against them they must vse it so that first they frustrate not the end of the law A iudgement vnseasonable is vnprofitable they must therefore giue iudgement without delay Secondly they must not sway the indifferencie of the law to haue respect of persons in iudgement is not good they must then giue iudgement against whomsoeuer whomsoeuer will not doe the law But there are lawes diuine and humane the Iudges must proceede against the violaters of both against them that will not do Gods law against them that will not do the Kings law but with two cautions they must take heed that the God be the God of Ezra the true God they must no maintaine false religion and they must not forbeare to giue iudgement against them that violate the kings lawes though he be a king of Persis a false religion doth not hinder him from being a lawfull Soueraigne the Iudge must not foster seedes of rebellion They that violate the lawes of that God of this king the Iudge must draw his sword against them But how farre may he draw it and how deepe must he strike with it Surely so farre as the Magistrate is Gods instrument for the peoples weale so farre may he be his instrument for their woe His prouidence reacheth to their liues liuings and libertie so farre may his vengeance reach also thus farre he may draw his sword But he must giue no deeper wound therewith to offenders than offenders giue to the law the degrees of punishment must answer the degrees of offences some must dye some be fined some restrayned euery one as he deserues You see the substance of this Scripture withal conceiue that theron we must consider of these two points The power the vse of the sword the vse two-fold lawfull full I speak to them that haue vnderstanding therfore need I touch these particulars but briefly but that I touch them not vnprofitably I beseech you in the feare of God to iudge what I say And first some may demand why being to speake in the name of God vnto Iudges sent from a Christian king I remember vnto them the instruction of a king indeede but a heathen king such an author as may much lessen your regard of the matter It may but not except it be mistaken For besides that it is correspondent to the like in Moses and the Prophets Ezra acknowledgeth in the next verse that this Commission was indited by diuine inspiration God put it into the heart of the King And were it not so yet it is of no small moment to heare reason concord with religion The vse of this power is the more obseruable when it is enioyned by the pen not onely of God but also of man yea the lesse likely a Heathen King is to write it the more faulty a Christian Iudge if he set light by it Heare then what is your power it is to giue iudgement But iudgement is either of Discretion or Iurisdiction the first is common to all the second belongs but to a few all may discerne right from wrong but all may not right them that suffer or correct them that doe wrong He that takes the sword vngiuen shall perish with the sword as Christ told Peter Mat. 26. and told it him when hee was too busie with his sword it is not giuen to euery man And it is well that it is not giuen our affections do with such a false light delude our iudgements that where there are scarce moates we see great beames in other mens eyes but beames in our owne are so insensible Matth. 7. as if they were not so much as moates And as wee apprehend so would wee proceed Our strength would be the law of vnrighteousnesse Wisd 2. and as Tacitus well notes Malice the more vniust it is the more violent How many Cains would there start vp in the world that would kill their owne brother Abel onely because his deedes were good and theirs euill And if some would not be so vnnaturall yet would they be so vnreasonable as Simeon Leni of whom their own father pronounced Cursed be their wrath for it was fierce and their rage for it was cruell Genesis 48. we are so partiall and impotent when we haue the law in our owne hands and may satisfie our own lusts that wee will proceede without cause or at least aboue measure God knowing this vnbridlednesse of our nature hath laid this charge vpon all priuate men Auenge not your selues but giue place towrath for vengeance is mine and I will repay saith the Lord Rom. 13. Whatsoeuer therefore they pretend of the lawes of honour that apologize for Duels in a ciuill in a Christian common weale they should be reputed no better and it were good if they did fare no better than murderers they would not be so common if they were branded with their true name and had their iust reward Priuate men may not reuenge But who may It is only his right that is the Law-giuer or theirs that hold from him to recompence euery man according to his deeds Gods law is Deut. 19. that when two striue together they shall stand before the Lord euen before the Iudges where the Iudges are there the Lord is Psal 82.1 God standeth in the assembly of Gods he iudgeth among Gods the Apostle therefore calleth them the Ministers of God Rom. 13. So that a Iudge doth not only represent the person of a King but is in part with him the Deputie of God When the burden was too heauie for Moses God assisted him with the Seuentie but marke how he inaugurated them He took of the Spirit of Moses and conferred it on the Seuentie intimating his immediate presence and concurrence with them Wherefore what Shecaniah spake to Ezra cap. 10. when he lamented the disordered liues of the Iewes that must I say vnto you Arise for the matter belongeth vnto you bee of good comfort yea and courage too for this age moues more than teares and do it Giue
auenged himselfe of the heathen This I presse the rather because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Nazianzene speakes It is a very dangerous thing to be ouer prodigall of mercie for it is nothing else but an occasion of crueltie when rancke sinnes will not be cured without letting of great quantitie of blood a little seuerity in time would preuent a great deale of crueltie I will not say but somewhat that will resemble it which the iniquitie of the times doth hasten to wrest from you or which is worse to bring vpon the State You see the admonition that ariseth from this place is that your feet bee not nimium lanei lest your hands proue nimium ferreae you must strike soone that you may not strike too often or too deepe But it is not enough that you proceede timely except you proceede vnpartially you must proceede against whomsoeuer Gods Law is Deut. 1. Leuit. 19. Iâ—â— magnum paruum iudicabis Thou shalt not regard the poore because hee is poore nor the rich because he is rich there is no respect of persons in God neither should there be in his Lieutenants A Iudges sentence must be like a true looking glasse it must represent euerie mans case as the glasse doth his countenance neyther embellishing nor deforming it And no maruell for seeing they are Physitians of the State and sinnes are the diseases of it what skils it whether a gangrene beginne at the head or the heele seeing both wayes it will kill if the part that is diseased be not cut off Except this be the difference that the head being nearer the heart a gangrene in the head will kill sooner than that which is in the heele euen so will the sinnes of great ones ouerthrow a State sooner than those of the little ones But yet I know not how wee are more prouident for our naturall body than wee are for the politique curing in that first the principall parts and in this the lesse principall if wee cure them The vanity of which course Sigismund the Emperour well obserued in the generall Councell when vpon the motion that it was fit to reforme the whole Church one said Then let vs begin at the Minorites nay rather saith the Emperour at the Maiorites for if the great ones be good the mean ones cannot easily be ill but be the meane ones neuer so good the great will be nothing the better Iohn 7. I end this point with the saying of Christ Nolite iudicare secundum faciem sed iustum iudicium iudicate and I wish you the zeale of Phyneas Numb 25. that spared not Zimri or Cosbi though the one were a Princes sonne of Simeon and the other a Princes daughter of Madian so may it be imputed to you for righteousnesse and to your seed after you And thus leauing the conditions to bee obserued in the vse of your power I come to the limitations of the power it selfe The limitations are two first of the lawes There are diuine and humane lawes the Magistrate must proceed against the violaters of both against them that will not doe the law of God against them that will not do the law of the King Prou. 24. he must be Custos vtriusque Tabulae look to the obseruing of Salomons Feare God the King or Christs a greater than Salomons Giue vnto Caesar the things that are Caesars Matth. 24. and vnto God the things that are Gods he must conioyne both and acknowledge Dominum Dominum my Lord God and my Lord the King But with this difference that the one is an absolute Lord the other but subordinate the one commands as in his owne right the other but in the right of God Secondly as are the Lords so are their lawes Gods must haue the first place the Kings but the second And no maruell seeing Gods lawes are primitiue the Kings but deriuatiue nay the substance of euery law is from God it is but the determination of some circumstance that is left vnto the power of the King In lawes meerly morall Thou shalt not kill Thou shalt not steale c. the King hath power onely in regard of the Sanction not that God hath left it in his choice whether these sinnes shall or shall not be punished but to his discretion hee hath left it how and how farre the good of the State requires to haue them punished In things meerly indifferent because many things are lawfull in regard of that liberty which we haue from God which are not expedient in that society whereof we are parts with other men the Kings lawes may impose precepts and that vnder paines but still prouiding that the law of nature yea and of grace too may stand with them and be not impaired by them nay nature and grace must in a Christian Common-weale giue the first light vnto them Adde hereunto that Gods lawes binde the conscience immediately as hauing power in themselues to make things good or euill but the Kings lawes binde but mediately as the King hath authority from God and is in the promulging of his lawes the Minister of God So that although you must looke to both yet must not your care be of both alike for both are not of like worth there must be an eminency in the care of Gods lawes aboue the care of the Kings Yea there is a necessity too for as Nazianzene speakes of Iouinian the Emperour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was Princely wisedome in him to protect the truth because the truth could best support him Kings lawes are neuer so readily obeyed as where the people are religiously disposed and Magistrates which neglect the care of Gods lawes doe but teach the people how to vilifie theirs But you must be sure that the God be the God of Ezra the true God this is the first caution so were these Iudges and so must you be you must not maintaine false religion or persecute the true vnto the seruice of this true God you may lawfully compell St. Augustine obserues it in the Parable of the Marriage Feast And that it is profitable you may perceiue also in the same Parable for of many that were compelled wee finde but one that came without his wedding garment the rest had their part in the Feast God himselfe in Osea saith Cap. 2. That he will hedge the Iewes way with thornes so that they should not breake through to follow their spirituall fornication but withall pricke themselues and marke what followes the Iewes bethought themselues thereupon and said I will returne to my first husband and that was God for it was then better with me than it is now Nazianzene a man of a meeke spirit as appeareth in his writings had obtained some patience to be vsed toward the Apollinarists but when hee saw how ill it succeeded hee wrote backe to the President of the Countrey 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 My intercession was vnseasonable for these wicked men will not make so
man dyed innocently not the whole Congregation which followed but they which led the Congregation were to be guiltie of his death Secondly The imposing of hands vpon the Malefactor was the making of him as it were a politicke Sacrifice for mundi expiatio est malorum occisio as the Priest so the Prince hath his Sacrifice to offer as the CHVRCH so the Common weale the execution of Malefactors is a propitiating of GOD. And GOD in the Common-weale of Israel in cases wherein he refused the Ceremoniall was well pleased to haue this Sacrifice and to admit it as expiatorie of the Common-weale I told you of the thing before but of the deuoting of the person to pacifie GOD I could not speake till I came to this place You the Penitent may hereby see how zealously the State should be bent against you and how much it concernes vs to see Iustice done vpon you Hauing thus sufficiently opened the punishment I come now to shew you vpon whom it must be executed Quicunque vpon him whosoeuer he be that curseth or blasphemeth here must be no respect of persons high or low rich or poore be he what he may be he is liable to punishment if he curse his God Though it be a false-one yet if it be his the Law saith plainly he shall beare his sinne The words may be vnderstood either as a relation or as a commandement As a relation what other Nations doe how zealous they are for the honour of their Gods In the Storie of the wonders which GOD wrought in deliuering the children of Israel out of Aegypt we find that when Pharaoh would haue the Israelites sacrifice to their GOD in the Land of Aegypt Exod. 8. Loe said Moses shall we sacrifice the abhomination of the Aegyptians before their eyes and will they not stone vs How did Nebuchadnezzar cause the Furnace to be heated to consume those that would not worship his golden Image What a doe kept Demetrius the Siluer-Smith when St Paul was thought to blaspheme Diana Protagoras was banished Socrates was put to death for disgracing the gods of Athens The Mahumetans lay on many stripes vpon them that disgrace their Alearon I will omit the solemne Bellum sacrum of the Graecians Thus the words may be conceiued by way of relation and then see how GOD argues Doe the Heathen punish those who dishonour or curse those that are onely gods in their erroneous reputation Much more then ought he to be punished that blasphemes the true GOD. Thus doth GOD oftentimes shame his owne people for their Impieties by setting before their face the Pietie that is in Infidels Hath a Nation changed their Gods which yet are no Gods Ier. 2. But my people hath changed their glorie for that which doth not profit And againe Mal. 3. Will a man rob God Yet ye haue robbed me So that the punishment cannot be denied to be iust by true Religion which is held most iust by the glimmering light of Reason But the words may haue in them more then a bare Relation they may containe a commandement also a commandement that whosoeuer curseth God though it be but his God that is a false God shall be punished for conscientia erronea ligat so long as any man in his conscience is perswaded that he is the true God he must worship him as if he were such It is true that when he commeth to the knowledge of his error Esay 8. Esay 2. he may then curse his false gods he may cast them to the Bats and to the Moles But so long as his vnderstanding is clouded with error his Reuerence must follow the Rule of his Conscience It is good Diuinitie that is deliuered in the Booke of Wisdome touching Idolatrous periured persons They shall be iustly punished Cap. 14. both because they thought not well of God giuing heed vnto Idols and also vniustly swore in deceit despising holinesse â—or it is not the power of them by whom they sweare but it is the iust vengeance of sinners that punisheth alwayes the offence of the vngodly And no maruell for were it a true GOD they would vse him so their ignorance is not antecedent but concomitant and such ignorance doth not excuse the quantitie much lesse doth it excuse the qualitie of sinne But to leaue his God and come to the Name of the Lord. Here Quicunque must be repeated againe we may lesse admit exception of persons amongst them that blaspheme the Name of the Lord then amongst them that curse their God But here we meet with a markable distribution of quicunque whosoeuer Whether saith the Text he be a Stranger or borne in the Land Though morally all men are bound and may be perswaded by Ministers and others to acknowledge and worship the true GOD yet politickly Infidels cannot be compeld And why It is a worke that needeth the assistance of supernaturall grace which is not annext vnto the Sword Notwithstanding the Ciuill Sword may take vengeance vpon all euen Strangers Infidels that openly blaspheme the Name of the Lord though they may be tollerated in their false yet may they not open their mouthes against the true Religion Quicunque whatsoeuer Stranger doth so he must be stoned And if a Stranger much more he that is borne in the Land for he is tyed to honour GOD by a double obligation a natiue a votiue as a man as a member of the Church Now the more obligations the more guilt the more guilt the more iust the punishment therefore Quicunque whosoeuer borne in the Land blasphemeth the Name of the Lord he must be stoned to death I must carrie Quicunque a little farther the root of Blasphemie may be without vs or within vs Without vs the Diuel who may suggest it and then it is no sinne of ours though a sinne except we consent vnto it and delight in it Within vs it may be three-fold First Ignorance Secondly Infirmitie Thirdly Malice There is great odds betweene these to GOD-ward St Paul blasphemed but he did it ignorantly he did not beleeue that IESVS was the CHRIST St Peter blasphemed but he did it of infirmie he did it being ouertaken with feare of death The Pharisees they also blasphemed but they did it out of malice they did it against their owne conscience Now of these three Rootes the two first leaue place for repentance St Peter and St Paul are ensamples thereof Math. 12. Not so the third it is the sinne against the Holy Ghost not to be forgiuen in this world nor in that which is to come But howsoeuer there is this odds to GOD-ward yet in regard of the Magistrates sword there is no difference Quicunque be the root ignorance be it infirmitie be it malice he must be stoned to death his body must be made an expiatorie Anathema or Sacrifice by the State whose Soule notwithstanding vpon repentance may be saued in the day of the Lord. And verily the Blasphemer