22. How then are they to conduct themselves who wield the sword in God’s stead? Thus: the fact that they wield the sword is a part of their office. In a sense, the Gospel has claims on them, and then they are to be very kind in heart; meek and compassionate; then again, when duty calls, they are to be grave, punishing with alacrity, without regard to friend, foe, beauty, riches or learning. We see this in the case of Moses. He was the meekest man that has ever lived, so much so as to fall down and ask to be blotted out of the Book of Life, Exodus 32:32, if only the multitude be saved. Behold, was he not a mild, sweet and kind man, being willing to go to perdition and be condemned in body and soul that the people might be spared? But, when placed as chief in command, he, in questions of government, took energetic measures, executing three and twenty thousand, by which he might appease the wrath of God.
St. Paul acted in like manner. He too was ready to surrender his soul’s salvation for the Jews, as shown by Romans 9:3. But on learning that a man at Corinth “had his father’s wife,” he wrote so stern and severe an epistle as he had never done before, ordering that such a one be delivered unto Satan, “that the spirit may be saved in the day of the Lord Jesus,” 1 Corinthians 5:5. Likewise David and others acted. In fact, we find a number of such in the Old Testament as would, externally, use the sword in full rigor, executing the people as they would kill chickens, and at the same time be very tender and kind at heart.
23. Let us take a bold illustration, that you may see how a person in authority is to conduct himself. Take the coat of arms of the Elector of Saxony. It shows, two swords in a white and black field, so arranged as to have the hilt below on a white background, and the blade above on a black background. These indicate how you are to conduct yourself when in authority: below, holding the sword by the hilt, you are to be clean, white, tender-hearted and gracious, having the best of intentions; above, when on duty, you have the blade in a black field, that is to say, a determined and strict enforcement is called for, in order outwardly to stay transgressors.
And the red color of the swords indicate that blood is to be shed. Moses, David and others have thus beautifully handled the sword by the hilt in the white field, being sober, mild and kind at heart; and have wielded the blade in the black field, being grave and austere in their official duties.
24. Just so should a citizen or civil judge also do. When dealing with a wicked person that will not be controlled by words, his thoughts are to be: “Oh, my God, how gladly I would die for this man, if it could be done! He has a soul that I cannot succor; besides, he leads a wicked life, not being able to bring his flesh and blood under subjection to the spirit. “And then when comparing the two and seeing which outweighs the other, he will find that it is an easy thing for the man to die, but a grave matter for the soul to die, for the soul’s dying is eternal. Hence his thoughts and words should be: “Ah, see how your soul might enter into judgment; see, how you might enter into perdition. For that reason, in order that sin may make no further inroads, I must divest you of your body, and see to the saving of your soul, since I cannot save your body. “And then we must strike hard, resolutely take to the sword, so that we may prevent wrath and stern judgment, as did Moses with the children of Israel. In that event you are carrying your swords in a white and a black field.
25. The design of the two swords crossing each other, as though one would stay the other, is well conceived. This is to teach that a judge should be wise and prudent, and see, where he must temper and modify a harsh sentence, where it is just and right. It is like two sentences clashing when one will annul the other. You are not always to proceed secundum strictum jus, strictly according to law, but see what is just and right, and where a case can be adjusted, there he should also give his attention.
26. Take an example. The disciples of the Lord plucked ears of corn and ate, when passing through the fields. Now the Sabbath was by divine command to be observed under pain of death, Numbers 15:35; but the disciples were hungry, so one law cancelled the other. For that reason the Lord excuses them over against the Pharisees, saying: “The Son of man is Lord even of the Sabbath day,” Matthew 12:8. Although the observance of the Sabbath was a matter of divine command, the disciples nevertheless were excused, inasmuch as the Sabbath was not to be so strictly observed as to prevent them from eating and thus to cause them to perish because of this very observance. The same holds true of David, who partook of the consecrated bread which no layman was allowed to eat, 1 Samuel 21:6. This was a case of the two swords clashing, it being necessary for one law to give room to the other. For this reason David and also the disciples were excused. For no law has been established by God for the ruin of man, but for his bodily and spiritual welfare.
27. Hence, to sum up all, civil authorities should be severe externally, staying transgressions; but internally, they should harbor a tender, gentle, Christian, amiable spirit; withal they are to be wise and prudent, so that they may know how to temper stern justice, in accord with what is right and proper. This may suffice on this Gospel. Let us pray God for grace.