Patriarches together with the Synodes from whom there could be no appeale but onely vnto a Generall Councell This kinde of gouernment some called a Hierarchie a name improper and not vsed in the Scriptures as I thinke For the holy Ghost would not haue vs to dreame of any dominion or rule when question is made of Church gouernment But omitting the name if we consider the thing it selfe we shall find that these old Bishops would not frame any other kind of gouernment in the Church then that which God prescribed in his word Thus writeth Maister Caluin of the antiquitie of degrees and superioritie amongst the Ministers of the Church Which whosoeuer shall ponder seriously all partialitie set apart together with the constitutions testimonie and approbation of the most sacred and renowned generall Councel of Nice which Councel was euer to this day highly reuerenced throughout the Christian world that man doubtlesse cannot but approoue and allowe our Bishops and Arch-bishops with their names and authorities this day established in the godly setled gouernment of the Church of England For first Maister Caluin graunteth willingly the truth it self plainly leading him thereunto that in the time of the famous Councell of Nice there were both Arch-bishops and Patriarches Secondly that that patriarches were in order dignitie aboue the Arch-bishops and consequently that there was euen then viz. aboue one thousand two hundred and fortie yeares agoe superioritie Episcopall Archiepiscopall and Patriarchall among the ministers of the Church one minister hauing iurisdiction ouer and vpon an other More then which doubtlesse our Bishops and Arch-bishops doe not this day challenge in our Church of noble England Thirdly that this superioritie and dignitie among Ministers was ordained for the preseruation of discipline in the Church and consequently that as it was then godly conuenient and necessarie for the Church so is it this day in our Church of England Fourthly that the kinde of gouernment by Arch-bishops and Patriarches was agreeable to that forme of gouernment which God prescribed in his word This is a point of great moment which may not bee forgotten To which I also adde which the Reader must obserue seriously with mee that the Councell of Nice telleth vs plainely that this superioritie of one Minister aboue and ouer an other which the Brownists cannot endure was not then first appointed but had beene time out of minde by an auncient custome of the church which the Councell confirmed and established by her decree But how doe I proue it doubtlesse by the expresse wordes of the Councell For the Councell in the sixt Cannon hath these wordes Mos antiquus perduret Let the olde custome continue And in the seuenth cannon it hath these wordes Quoniam mos antiquus obtinuit vetusta traditio Because an olde custome and auncient tradition hath preuailed c. Which olde custome had beene in the Church euen from Saint Marke the Euangelist and from Saint Timothy and Saint Titus as is already prooued And if any one will yet bee obstinate and denie that this olde custome whereof the holy and auncient Councell speaketh beganne in the Apostles time let that man or those persons which so shall say or affirme name the time before the Nicene Councell when Archbishops and Patriarches first beganne And if any man can this performe I promise to bee of his opinion If otherwise both reason and true humilitie would aduise that man and those persons who shall so say or thinke to yeelde all due obedience to their superiours and willingly to subscribe vnto the truth Which doubtlesse they will doe that heretofore haue refused to embrace the ceremonies of our English Church if this Text of the Gospell bee not truly verified in them for they loued the praise of men more then the praise of God But howe is this possible I will vnfold the case Gentle Reader protesting that I doe it of charitie and for edification sake The truth I will plainly and sincerely set downe concealing the parties name because I loue the man and haue regard vnto his credite Talking with a Preacher of mine acquaintance a man otherwise both godly learned and of singular gifts concerning the cannons of Anno. 1604. and the kinde of gouernment of this our English Church when hee seemed to mee to haue nothing of moment to say against the same hee answered mee thus that hee would neither loose his liuing nor weare the surplesse nor yet make the signe of the crosse in the childs forhead And when I demaunded how that could bee hee answered that hee would keepe one to doe it but not doe it himselfe When I replied that hee might as lawfully doe it himselfe as procure an other to doe it hee vttered these wordes How can I doe that against which I haue so often preached I proceeded and told him as a friend that his refusall seemed to tast of the spirit of the proude Pharise and not of the humble Publican c. Well I hope the partie wil be obedieÌ„t But certes I thought afore that all their proceedings had been of meere conscience which now I perceiue to be of pride in a great many of them through which manner of dealing I wil not say hypocrisie the simple sort become disobedient and are deepely drowned in errour and our Church pitifully turmoyled with schismes dissention The godly learned and zealous Patron of pure religion maister Bucer deriueth the superioritie of Arch-bishops euen from the Apostles themselues These are his expresse words I am ex perpetua ecclesiarum observations abipsis apostolis videmus visum hoc esse spiritu sancto vt inter presbyteros quibus ecclesiarum procuratio potissimùm est commissa vnus ecclesiarum totius sacriministerij curam gerat singulareÌ„ eaque cura solicitudine cunctis praeerat alijâ— Qua de causa episcopi nomen huiusmodi summis ecclesiarum cur atoribus est peculiaritèr attributum Now we see by the perpetuall obseruation of churches euen from the Apostles themselues that it pleased the holy Ghost that among the ministers to whom especially the gouernment of the church is committed one should haue the chiefe care both of the churches and the whole sacred ministery that he in that care and sollicitued should be aboue al the rest for which cause the name of Bishop is peculiarly giuen to such chiefe gouernours of churches Thus writeth maister Bucer Out of whose words I note first that the superioritie of Arch-bishops and bishops proceedeth from the holy Ghost Secondly that this superioritie was euer in the church eueÌ„ from the Apostles The same author hath in that same Chap. much more matter to the same effect The famous doctor zealous christian Hieronymie Zanchis us in the coÌ„fessioÌ„ of his faith granteth freely that there were Arch-bishops Metropolitans and Patriarches before the Nicene Councel These are his words Cum hanc coÌ„sâ—riberem fidei confessioneÌ„ omnia ex bona
legem Neque Pauius obstitisset vt apparet ex Rom 13. quia vero duruÌ„erat homines christianos Ethnicis obijcere recurrit ad remedium quod christus dedit quoad iniurias privatas mat 18. sequitur potestas illa penes qâ—os erat penes totaÌ„ ecclesiaÌ„ quae tameÌ„ ne coÌ„fusio fieret per delectos agebat ex senioribus Sequitur excommunicatio n. non est ex necessarijs illis sine quibus ecclesia non consistit He made mention of the power of Christ alluding to his wordes in Mathew least he should contemne the sentence of the church And he coÌ„mandeth this to be done because they had no other meanes at that time to correct the disobedient when there were no christian Magistrates Otherwise this fellowe should haue bin punished according to the law Neither would Paul haue bin against it as appeareth by his doctrine to the Romans But because it was a very hard case to send Christians to Ethnickes he hath recourse to that remedie which Christ appointed for priuate iniuries and in whom was that power in the whole Church which for all that to auoid coÌ„fusion did execute the same by chosen seniours For excommunication is none of those necessary things without which the church cannot consist The same Doctor in an other place hath these expresse words Hodie non opus proprio seuatu ecclesiae Agnoscamus beneficium dei Esa. 49. vicissim hi aguoscant se quoque meÌ„mbra esse ecclesiae Sequitur nobis sufficiat habere pastores scholas magistratus pios qui cuitum dei tueantur pauperes curent We haue this day no need at all of the senate of the church or presbyterie Let vs acknowledge the goodnes of God and let them likewise acknowledge themselues to be the members of the church Let it suffice vs to haue Pastors Schooles godly Magistrates that will defend the worship of God and take care of the poore Maister Martyr deliuereth the same doctrine in substaÌ„ce in these expresse words fatemur deinde claves ecclesiae vniversae datas caeterum ne confusio accidat convenit vt aliqui ex omnibus deligantur quivtantur clavibus quarum vsus in omnes redundet qui christo credunÌ„t Prepositos vero ecclesiarum habent des monet Paulus non semel et christus non prohibuit qui cum iussit ne magistri et Rabbi vocaremur ambitioneÌ„ repressit voluitque vt nemo nostrum haec affectaret Sed non interdixit quin habeamus in honore et appellemus honorifice quos dominus nobis praefecit imo Paulus ad Timotheum scribit se positum esse magistrum gentium Wee likewise confesse that the keyes are giuen to the whole Church But to auoyde confusion it is meete that some out of all bee chosen who may putt the keyes in vse whose vse re doundeth to all that beleeue in Christ. Now that we must haue gouernours of Churches Paule admonisheth more then once Christ did not forbid it who when he coÌ„manded vs not to be called Maisters and Rabbies repressed ambition being desirous that none of vs should hunt after these things But he neuer forbad vs to reuerence and giue honourable names to those whom our Lord hath placed ouer vs. Yea Paul writeth to Timothy that himselfe was made the maister of the gentiles Maister Musculus is consonant to the rest whose expresse wordes are these denique curabit vt plebs ipsa viros graues timentes dei ac boni testimonij deligant quorum cura et vigilantia disciplina ecclesiae administretur et si quid grauioris momenti accidat ad ipsam ecclesiam referatur Haec tamen omnia quae ad indeterminatam potestatem referimus ad illas tan tum pertinent ecclesias quae christianum magistratum non habent quales erant olim priusquam principes christiani fierent Finally he shall prouide that the people choose graue men which feare God and haue a good report by whose care and painfull labours the Church discipline may be executed and if any thing of greater moment fall out that the same be referred to the Church Yet all these things which we referre to the power vndetermined pertaine to those Churches onely which have no Christian Magistrate such as they were sometime before there were Christian Princes The same Doctor in an other place hath these wordes Hanc cuiusvis Particularis ecclesiae potestatem reprobos scilicet excommunicands Romanus pontifex irritam reddidit e medio sustulit This power of excommunication which pertained to euery particular Church the bishop of Rome made frustrate and tooke it quite away Out of these most learned discourses of these graue Writer I obserue these memorable lessons for the benefit of the reader First that the power to excommunicate is giuen to the whole Church Secondly that the Church hath power to commit the same to others as it shall be thought meete for her good Thirdly that the Church for auoiding of confusion did euer commit this iurisdiction to some speciall persons fit for the same Fourthly that the common vulgar sort want iudgement and are often carried away with affections and so are vnfit persons to retaine such iurisdiction in their hands Fiftly that excommunication is not any assentiall part of the Church Sixtly that the moderation and chiefe power of disposing and committing resteth principally in the Christian Magistrate where the church receiueth such a blessing And thus much of the former part viz. of the power of the whole Church Let vs proceede to the latter part viz to whom the church hath committed this power Concerning this Latter member it is to be holden for an vndoubted truth and most Catholique doctrine that none saue onely lawfull Ministers of Gods word and Sacraments can lawfully denounce the sentence of excommunication For this cause was it that when our Lord Iesus gaue this authoritie to his whole church he gaue it alwaies in the name either of all or of some one of his Apostles And for the same cause was it that the Church hath euer since committed the same vnto her lawfull Bishops and Ministers of the word The practise of the Church is most cleere and apparant both by the councels and by the vniforme verdict of the holy fathers Ex concilijs This case is most apparant by the old canons comoÌ„only for their antiquitie called the canons of the Apostles There I finde these expresse wordes siquis presbyter aut diaconus ab episcopo suo segregetur hunc non licere ab alio recipi sed ab ipso quieum sequestraverat nisi forsitan obierit apiscopus ipse qui eum segregare cognoscitur If any Priest or Deacon be excommunicated of his Bishop it shall not be lawfull for any other to receiue him but onely the partie who seperated him vnlesse perchance the Bishop die that did excommunicate him By this canon it is euident that none but the Bishoppe vsed to excommunicate and yet the
regendae ecclesiae rationem varios quoque ordines ministroruÌ„ multiplicaverint quando id eis liberum fuit sicut nobiâ— quando constat id ab illis fuisse factum honestis de causis ad ordinem ad decoruÌ„ ad aedificationem ecclesiae pro eo tempore pertinentibus In the meane while wee blame not the Fathers that for the diuers manner of dispensing the word and gouerning the Church they haue also multiplyed diuers orders of Ministers because they had libertie so to doe as our selues also haue and because it is euident that they did that vpon honest causes which pertained at that time to order comelinesse and edification of the Church Thus writeth the most learned Doctor Maister Zanchius who if I bee iudge was a man of as rare learning and profound iudgement as euer was any in the Church Out of whose words I of serue First that wee should not moue contention in the Church for any rites and Ceremonies in the same Secondly that euery Church hath her libertie therein to appoint what is best for her owne government Thirdly that the Church of olde time did vse so to doe Fourthly that Zanchius approueth S. Austins rule herein as M. Calvin did before him Fiftly that it was lawfull for the auncient Church to appoint sundry orders of ministers and the church this day hath the same authoritie Sixtly that the causes and respects for which the church may ordaine and make lawes in things indifferent are either edification order or decencie as I haue proved already at large The Corollarie of the Chapter FIrst the church may chaunge Christs owne practise and that in Rites and ceremonies pertaining to the holy Sacraments Secondly the church may appoint solemne feastes to be obserued as Salomon did institute the dedication of the Temple for seuen dayes Hester Mordecai the festivitie of their deliuerance Ezra and Nehemias the dedication of the wall at Ierusalem Iudas and his brethren the dedication of the Altar for eight dayes Thirdly the Iewes instituted their Sanhedrim after their returne from their captivitie in Babylon Fourthly the church by S. Austins iudgement may make any Lawes which are neither against faith nor good manners Fiftly the church saith Maister Calvin hath authoritie left her in things indifferent either to make newe lawes or to cassiere and chaunge the old so often as the necessitie of the church doth so require Sixtly the church receiued many vnwritten traditions concerning order and government of the Church Seuenthly the church saith Zanchius hath authoritie to constitute moe orders of Ministers when it is for the good of the Church Eightly the church may make any lawes which are not repugnant to Gods word So saith M. Beza telling vs plainly that we must not so much respect what the Apostles did as what the peace and good of the church requireth Much other like matter the same Beza together with Calvin Martyr and Zanchius haue deliuerd vnto vs as may appeare by this present Chapter I therefore conclude that the authoritie which this our our English church doth this day challenge vnto her in her riâ—es ceremonies ordinances lawes and constitutions is grounded vppon the holy Scriptures the practise of the Catholique Church and the best approued late writers Al obiections that possibly can be made against the lawes and constitutions of our English Church may bee answered with all facilitie by that which is plainly deliuered in this present Chapter whosoeuer shall marke it well will I thinke bee of mine opinion see the ninth Chapter and marke it CHAP. VIII Of things indifferent in particular The first Aphorisme of Chruch-holy dayes THe vulgar people for a great part what through vndiscreet zeale in some and tootoo rash preaching Ne quid gramuâ— dâ—â—a in othersome are so perswaded or rather bewitched blinded that they thinke they serue God better alas for pittie if they be quaffing in the Ale-house or sleeping in their chambers or gazing in the streets then doe their honest neighbours in going to the church on holy dayes there to ioyne with the faithfull in hearing diuine seruice and godly prayers They are not abashed to say for their vnchristian excuse that no power vpon earth can appoint an holy-day and that it is great superstition to obserue the same But certes none that are well studied or read either in the holy ecclesiasticall histories or in generall Councels or in the auncient Fathers or in the best approued late writers can ever without great blushing avouch or defend that vntimely hatched doctrine and vnsoundly conceived opinion Queene Hester and godly Mordecai appointed an holy day for the remembrance of Gods great benefit toward them in deliuering them from Hamans crueltie King Solomon ordained a solemne festivitie for the space of seuen dayes in the dedication of the Temple The Machabees instituted an holy feast to bee kept from yeere to yeere for the space of eight dayes for the dededication of the Altar Which feast Christ vouchsafed to honour with his corporall presence at Hierusalem The Iewes instituted their new Sanhedrim Synedrion or Presbiterie after their returne from their captimitie in Babylon as maister Calvin recordeth in his Harmonie vpon Saint Matthew The reformed churches in Helvetia doe right well allow the feastes or holy dayes of the Nativitie resurrection and such like If I should endevour my selfe to recount all that which may easily be collected out of the auncient councels the holy-fathers for the approbatioÌ„ allowaÌ„ce of holy-daies after the custome at this day of auncient time vsed in this church of England time would sooner faile me then matter whereof to speake I will in regard to brevitie content my selfe onely with one or two testimonies of councels as also of the graue holy auncient most learned father S. Austin then proceed to the testimonie of late writers because in this dispute they whoÌ„ it chiefly concerneth either haue not seene or read the councels and the fathers or else more rashly then wisely contemne their degrees iudgements and without all rime reason preferre their owne opinions before them The councel holden at Granado or Elebertine aboue 1200. yeares ago such is the antiquitie of holy-dayes in the Christian Church reputed the practise of the Church in former ages to be of such force in that behalfe that they deemed them Heritiques that would not obediently yeeld vnto the same These are the expresse words of the Elebertine Councel Pravam institutioneÌ„ emendari placuit iuxta authoritatem scripturarum vt cuncti diem Pentecostes celebremus Quod qui non fecerit quasi novam haresim induxisse notetur We haue decreed that the depraved institution bee amended according to the Scriptures that wee may all keepe the day of Penticost and the feast of Whitsonday Which who soever shall refuse to doe let him bee noted as one that hath brought a new heresie into the Church
certaine Rites which our Lord ordained as for examples sake bread and wine are the signes of the Supper by our Lords owne institution Where therefore there is either no vse at all of bread and wine or else great want for a time shall we celebrate no Supper of the Lord Yea it shall bee celebrated aright if that bee taken in the place of bread and wine which either by common vse or in regard of the time is vsed in the stead of bread or wine For this Christ intended when he chose bread and wine for these mysteries that by proposing before our eyes the signes of those things with which our bodies is nourished he might represent the true foode of our soules Therefore he swarueth not at all from Christes meaning who hauing no desire of innovation vseth in stead of bread and wine those things which though they haue not equall yet haue they like proportion of nourishment with bread and wine There wants also water and yet Baptisme neither ought nor can be differed with edification my selfe doubtlesse would baptize in any other liquor no lesse lawfully then I would in water This is maister Bezaes iudgement euen in the essentiall parts of the Sacraments Out of this doctrine thus deliuered by these two learned Doctors M. Calvin and M. Beza I observe these most important documents First that the authoritie of the church is so great that it can alter the matter of the Sacraments both of Baptisme and the Lordes supper if credit may be giuen to these great Doctors doctrine Secondly that the vse of the Lords Supper and of Baptisme is of such necessitie that this chaunge may and ought to be admitted rather then wee bee defrauded of the benefite thereof Thirdly that neither the practise of the Apostles nor the examples of Christ nor yet Christes owne institution No not in the matter of Sacraments is of such force and moment but that the church vpon good and necessarie cause may alter and chaunge the same And consequently it must needes be graunted neither can it with any colour of reason bee denied that the Church may chaunge the maner of choosing her ministers as necessarie circumstances of times places and persons shall require Especially seeing there is neither example commandement or institution of Christ to the contrarie CHAP. X. Of the ordeining of Ministers and the Ceremonies thereto apperteining THat Bishops haue and euer had authoritie to make order and admit Ministers of the Church it is so cleere and evident by the Scriptures Councels Fathers and continuall practise of the Church that I cannot but admire their audatious temeritie that doe oppugne the same Marke well the answers to all the Obiections in this Chapter Saint Paul chargeth Bishop Timothie not to lay his hands rashly on any man And the same Saint Paul telleth vs that he left Bishop Titus at Creta that he might order and make ministers in euery towne Now that Timothie and Titus ordained Ministers it is cleere by the Text it selfe But two doubts remaine The one whether Timothie and Titus had more authoritie then other common Ministers or not The other whether they alone ordained Ministers or with the ioynt-authoritie of others Touching the former I haue prooued alreadie by many testimonies that both Titus and Timotheus were Arch-bishops and had superioritie ouer many other Bishops I will heare adioyne the testimonie of Hemingius whose wordes are these Attamen Paulus gradu digns tatis ordine Timotheo Tito erat superior Timotheus gradu ordine excelluit reliquos Ephesmae vrbis presbyteros Et Titus Cretensihus praecrat Sequitur inter hos ministros agnoscit etiam ecclesia nostra gradus dignitatis ordines pro diversitate donorum laborum magnitudine ac vâ—cationum dignitate ac iudicat barbaricum esse de ecclesia hunc ordinem tollere velle Iudicat caeteros Ministros suis episcopis oportere obtemperare in omnibus quod ad adificationem ecclesiae faciunt iuxta verbum dei ac vtilem ecclesiae oeconomium Iudicat episcoposius habere in caeteros ministros ecclesiae non despoticum sed patrium But Paul in deegree and order of dignitie was superiour to Timothie and Titus Timothie in degree and order excelled all other Presbyters or Priestes of Ephesus and Titus was gouernour ouer the Cretions Among these Ministers our Church also acknowledgeth degrees of dignitie orders according to the diuersitie of giftes labours and calling and deemeth him to bee a plain rudes be that once hath but a minde to take this order out of the Church Our Church also iudgeth that all other Ministers must obey their Bishops in all things which pertaine to edification according to the word of God and the profitable dispensation of the Church Shee iudgeth that the Bishops haue a soueraigntie ouer all other Ministers of the Church yet not despoticall but paternall Touching the latter the scripture is plaine that none but Bishops did ordaine Church-ministers at any time And these Fathers of the Church affirme coÌ„stantly that this was a speciall knowne prerogative of Bishops that they and none but they could order and make Ministers of the Church S. Hierome hath these evident expresse words Quid enim facit excepta ordinatione Episcopus quod presbyter non faciat For what doth a Bishop which a Priest doth not the ordering of Ministers excepted Loe in this one thing doth a Bishop differ from Priests and inferiour Ministers because no other Minister saue onely a Bishop can ordaine and make Ministers of the Church Saint Epiphanius who liued aboue one thousand and two hundred yeares agoe affirmeth plainly that Bishops onely make Priests that is begetteth fathers to the Church and both he and Saint Austin enrolled the contrarie opinion among flat heresies censuring all them for Heretiques that held or defended such absurdities Saint Irenaeus who liued next to the Apostles and so could not bee ignorant what was the Church practise in their dayes maketh this my doctrine without question and beyond all exception that Bishops euen in the Apostolique time were different in degree from Priests and did create and make Priests but neuer were created of Priests No no if Priests could make Priests or if it were not an Apostolicall tradition that that charge doth appertaine onely to Bishops as it is this day laubably obserued in the Church of England then doubtlesse Aerius could neuer haue beene censured for an Heretique Adde hereunto that which I haue alreadie deliuered in the fist Chapter in the first and second Paragraph and thou shalt finde this Doctrine to be agreeable to the practise of Christs church in all former ages See Zanchius and note well his wordes Note well also the Answere to the second Obiection The first Obiection It appeareth by Saint Hierome in his Epistle to Evagrius that one minister was made superiour to an other onely by the ordinance of men The Answere I answere First that
writing in this manner Nemo autem est qui non vi◠deat hac vocabula invicem confundi alterum accipi pro altero Nam apostolus etiam propheta doctor evangelista presbyter atque episcopus est Et episcopus evangelista propheta est Propheta doctor presbyter evangelista Proinde apostolus paulus varijs hisce vocabulis varia illa dona significavit qua dominus ecclesiae suae importijt ad salutem Euery man seeth that these wordes are confounded and that one of them is taken for an other For an Apostle is also a Prophet a Doctor an Euangelist a Priest and a Bishop And a Bishop is an Euangelist and a Prophet A Prophet is a Doctor an Elder and an Euangelist Therefore the Apostle Paul by these diuers names signifieth those diuers gifts which our Lord bestowed on his Church vnto saluation I therefore conclude that the pillers whereupon the presbyterie is builded are sandie rotten and vnsound and consequently that that building which is reared vpon them cannot but be vnstable and ruinous The sixt Proposition THe newe English presbyterie was not knowne or heard of in the Christian world for the space of fifteene hundred yeares together at the least This proposition is sufficiently proued by this precedent discourse if it be well marked from the beginning Yea my bare assertion is a good proofe thereof vntill the patrons of the contrarie opinion can and shall name the time and place when and where such a presbyterie was to be found The seuenth Proposition ALL Ministers created and made by the newe presbyterie are meere lay-persons and cannot lawfully either Preach Gods word or administer the sacraments This is alreadie proued I will therefore salute our Brownists Barrowists and such like as the learned and famous Writer Maister Bullinger did the Anabaptists His wordes are these Quod si dicitis vos instar apostolorum peculiarem vocationem habere probate eam signis miraculis dono linguarum doctrina apostolica quemadmodum apostoli fecerunt Hoc autem nunquam facietis ideoque vocatio vestra nihili imò pernitiosa est ecclesiae Christi Now if you say you haue a speciall and peculiar calling as the Apostles had then must you prooue the same by signes and miracles by speaking diuers languages and by doctrine apostolicall as the Apostles did Saint Hierome saith Ecclesia non est quae non babet sacerdotem Where there is no priest or minister there can bee no Church The first Obiection That not Kings Monarches and other independant ciuil magistrates haue the supreame and highest authoritie in causes ecclesiasticall but that Bishops and Priests haue that charge committed to them as their proper and peculiar function it may appeare euidently to all indifferent readers by the facts and proceedings of Bishops in the old testament Ieroboams hand dried vp Ozias was smitten with the leprosie and thrust out of the Temple king Saul deposed from his kingdome and all this befel vpon these kings because they tooke vpon them the supreame authoritie in causes ecclesiasticall Yea Iehoiada the Priest commaunded to put Queene Athalia out of the ranges and to execute the iudgement of death vpon her And king Iehosaphat affirmeth plainly that Amariah was chiefe ruler in all matters of the Lord as Zebadiah was the ciuill gouernour of all the kings affaires The Answere This obiection containeth a question of great moment and is very obscure intricate and difficult Wherefore I admonish and aduise the gentle Reader to reade my answere againe and againe and to ponder it seriously before hee giue his iudgement therein My answere standeth thus First that Ieroboams hand was dried vp and Saul deposed from his royall throne not for that they challenged a soueraigntie aboue the Priests and supreame authoritie in causes ecclesiastical but because they attempted arrogantly and presumptiously to execute priestly functiō in offering incense vpon the Altar burnt offerings peace offerings Secondly that Vzziah or Ozias was smitten with the leprosie because hee would needes burne incense to the Lord which was the Priests proper function Neither did the Priests for all that thrust him out of the Temple but dutifully as it become them told him what was his dutie and that he had offended God and therefore they willed him to surcease from his wicked enterprise and to goe foorth of the sanctuarie Which was no other vsage then S. Iohn the Baptist afforded Herode the Tetrach when he told him it was not lawfull for him to haue his brothers wife Thirdly that the fact of Iehosaphat proueth euidently the Kings supreame power ouer all his subiects as well in causes ecclesiasticall as ciuill The reason hereof is euident because King Iehosophat by vertue of his prerogatiue royall placed both Amariah and Zebadiah in their seuerall functions and prescribed the limits of their iurisdictions Neither will it helpe to say that Amariah was ruler in the matters of the Lord and Zebadiah in the Kings affaires For the meaning is not that the Kings affaires are not the matters of the Lord seeing as is alreadie proued that the King at his inauguration receiueth the whole booke of the law and charge to see Gods true worship and seruice euery where maintained But the true sense of the text is this and no other viz. that those things which the King in his owne person may execute are precisely called the Kings affaires to distinguish them from his other affaires which himselfe cannot put in execution For albeit in the preaching of the word administratiō of the Sacraments the chosen minister hath onely the charge and authoritie to execute them neuerthelesse Gods annointed Prince hath the supreame charge souereigne authoritie to command the execution thereof as also to correct and to punish the Minister for the neglect of his dutie in that behalfe Of which point I haue spoken sufficiently in my other bookes and therefore deeme it a thing needlesse now to stand long vpon the same Fourthly touching the fact of Iehoiada the Priest I answere that it can no way proue the superioritie of Priests ouer kings For first Iehoiada was not a priuate man but the high Priest in the cōmon weale of the Iewes whose office it was to iudge not ecclesiasticall matters onely but also ciuill For the Iewes had no other lawes but the holy scriptures Secondly Iehoiada did nothing against Athalia of himselfe but with the aduise assent and helpe of the Centurions and Peeres of the Realme all which were bound by the lawe of Deuteronomie to defend the kingdome from strangers Thirdly Iehoiada was bound by the right of affinitie to defend king Ioas and to establish him in his Kingdome For his wife was the kings Aunt Fourthly God had assured by his infallible promise the Kingdome to the familie of Dauid Now Athalia was not of the stocke and Progenie of David but a stranger to the Kingdome For her mother was a Sydonian and her father
church may be altered according to the circūstances of times places persons Fiftly that the English long expected presbyterie can not stand with our English Christian Monarchie For she challengeth that as her proper office which as Musculus truly saith doth properly pertaine to the ciuill Christian Magistrate I say thirdly that it cannot be concluded out of the holy Scriptures that any annuall vnpriested Elders had the rule of the Church with the Pastors and Bishops I say fourthly that for want of Christian Princes laicall Elders may be assumed to the Church-gouernment to help and assist the pastors Yea I further graunt that the said Elders may remaine vnder a christian prince so it be with his assent good pleasure and moderation But I constantly denie that such kind of gouernment must of necessitie bee had in and vnder a Christian Monarchie The first Reply S. Ambrose writeth plainly that the Synagogue and after the Church had Seniours without whose counsell nothing was done in the Church The which saith hee by what negligence it was left of I can not tell except happily it were through the slouth or rather the pride of some pastors because they alone would seeme to bee somewhat The Answere I answere first that S. Ambrose did not thinke those Elders of whom hee speaketh to be necessarie for the government of the Church I prooue it because hee being a most learned zealous and godly Arch-bishop would for his zeale and pietie haue laboured to restore them and could for his great authoritie haue effected the same Secondly that Saint Ambrose speaketh of Elders in yeares not of Elders in Office that is of wise graue and olde men of great experience whom the Bishops in former times tooke in counsell with them as did also the auncient Synagogue Our Church-wardens in this age doe in some sort resemble them It something grieued holy Ambrose that graue men auncient in yeares whom the Apostle would not haue reproued roughly did not remaine in like esteeme with the pastors of the Church as they were of old This is the true meaning and sense of S. Ambrose concerning those Elders he speaketh of I prooue it out of S. Ambrose his owne wordes which are these Nam apud omnes vtique gentes honorabilis est senectus For among all nations olde age is honoured For which cause both the Synagogue of old and the Church afterward had alwayes certaine old men without whose aduise nothing was done in the Church Loe he speaketh of honouring Elders and auncient men in regard of their yeares But he neuer meant to equalize them with those who were Elders in calling and gouerned the Churches vnder him No no the blessed man Ambrose that graue and holy Bishop of Millan neuer dreamed or once conceiued in minde that any order of the Ministerie set downe by Christes Apostles was worne out of vse in his time The 2. Reply S. Hierome who followed S. Ambrose immediately telleth vs most plainly that in his time the Presbyterie or Eldership was in the Church The Answere I answere first that if wee suppose your Presbyterie to haue beene in Saint Hieroms time and not in the dayes of Saint Ambrose it will fauour vs and wholy make against your helpes The reason is euident because that which may bee vsed at some time and be wanting at other times is not of necessitie to be vrged at all times and this is all that wee desire Secondly Saint Hierome speaketh of Priested Elders and not of men in no degree of the Ministerie His wordes are these Et nos habemus in ecclesia senatum nostrum caetum Presbyterorum And we haue in the Church our Senate a companie of Elders or Priestes Loe hee speaketh of Priestes and of Colledges of Cathedrall Churches I proue it by two reasons First for that himselfe telleth vs in his words afore-going that he speaketh of those Elders whose election Saint Paul describeth vnto Timothie Againe because it is vnpossible that those vnpriested Elders should bee in Saint Hieromes time who were worne out in Saint Ambrose his time because Saint Austin S. Ambrose and S. Hierome were all at one and the same time The 3. Obiection The long expected Presbyterie is no way preiudiciall to the Christian Monarchie but giueth to him so much as the Scripture alloweth The Answere M. Gualter a zealous vertuous and learned Writer of high esteeme in the reformed Churches sheweth plainly vnto the world what right and authoritie the new presbyterie ascribeth vnto Princes These are his wordes The Donatists of our time ought to consider these things more diligently which doe ouer rashly condemne whole Cities and Countries where the word of God is preached the sacraments rightly administred publique praier celebrated the poore sufficiently prouided for and vices by good and godly lawes for bidden and punished All these things they esteem as nothing except there be a certaine new magistracie appointed which should haue authoritie ouer Princes also The same learned writer in another place discourseth in this manner There be sundry that will needes institute Elders or an ecclesiasticall Senate according to the example of the Primitiue Church which also should haue authoritie ouer the Magistrates themselues if at any time they did not their dutie But it behooueth them first to shew that those their Seniours haue this power whereof Paul doth presently speake which thing seeing it doth by no meanes appeare and yet they deliuer vnto Satan whome they will they doe like as if some would goe about to cleanse the leaprous raise the dead and worke other miracles because these things were vsually done in the primitiue Church The same learned Doctor in another place writeth thus Their ambition is reproued which goe about to bring all Churches to the forme of their discipline and government cry out that there is no discipline there where all things are not agreeable to their traditions and orders But these mē receiue a iust reward of their arrogancy when they that come frō them to other countries goe beyond all men in fancinesse bring nothing from home but a vaine and intollerable contempt of all good men neither can they abide to be corrected by any admonition of others The zealous godly and learned Doctor Musculus hath these expresse words We thinke otherwise then they who denie to Christian Magistrates authoritie to make ecclesiasticall Lawes We boldly affirme that all power of making authenticall Lawes which binde the consciences of the subiects whether they be ciuill or ecclesiasticall doe neither pertaine to the multitude of the faithfull nor to the Ministers of Gods word but properly to the Magistrate onely to whom more power is giuen ouer his subbiects Wherevpon they are called in the Scripture Gods who doe execute the Magistracie which name of honour we doe not reade that it was giuen vnto the Priestes The very reason and nature of gouerning can not suffer that there be 2.
see what subtiltie and craftie dealing contentious Satan vseth who goeth about by these dissentions in external matters to make againe a most ready way and passage for Poperie to enter into our gates But in such matters doubtlesse the Apostles rule must be obserued Whose vse and administration he saith is in our arbitrement and power yet so that we doe nothing against Gods ordinance neither haue any desire to trouble the publique peace whereof we must haue an especial care for these externall matters It is therefore this day lawfull for vs also to institute and ordaine a newe the baptisme of infants although it had not hither to bin vsed in the church if any commoditie or good successe of peace and concord might insue thereupon Out of these learned discourses of these graue and learned Writers I obserue these memorable rules for the benefit of the gentle Reader First that the ceremonies this day of our English Church are the same that were vsed in the church in the purest times 2 that in things which are neither against faith nor against manners the custome of the church must be a rule for vs to follow This is a most worthy lesson a most excellent rule and a most necessarie obseruation Thirdly that the dissentions and schismes stirred vp about externall rites and ceremonies proceede from the crastie and deceitful dealing of the diuel Fourthly that the Church hath power to make and constitute any lawes which are not repugnant and contrarie to the word of God Fiftly that our Church hath this day power to haue instituted the Baptisme of Infants although it had not beene vsed in former ages And consequently that it hath power a fortiori to set downe orders and lawes for the apparell of Ministers for surplesles square Caps interrogatories in baptisme and bowing of the knee at the name of Iesus for kneeling at the holy Communion for giuing thanks of women for their deliuerance from the perill of child-birth for prohibiting to Preach without licence for Reading of Homilies and the like Which rules and obseruations if they were wel remembred and duly obserued all schismes dissention whisperings and mutinies would wholy surâ—â—ase in this Church of England The third member of Deacons and their office in the Church In the booke of orders there is an office called the Deacon whose description is not to be found in Gods booke namely consisting in helping the Priest in diuine seruice especially when he ministreth the holy Communion in reading holy Scriptures Homilies in the congregation instructing the youth in the Catechisme in Baptizing and Preaching if he be admitted thereunto by the Bishoppe Thus Write the patrons of the Eldership and earnestly wished Presbiterie to whom I answere in this manner First that if it were true which they say as it is not indeed yet would it not followe that the office of a Deacon this day vsuall in the Church should be a thing vnlawfull to be vsed The reason is euident because as I haue already proued the Church hath authoritie to constitute make and ordaine any lawes ceremonies canons ordinances and orders which are for the good of the Church and not against the word of God for the better confirmation whereof let vs heare the verdict of maister Zanchius that most famous Writer These are his expresse words interea tamen non improbamus patres quod iuxta variaÌ„tuÌ„ verbi dispensandi tum regendae Ecclesiae rationem varios quoque ordines ministroruÌ„ multiplicarint quando id eis liberum fint sicut nobis quando constat id ab illis fuisse factum honestis de causis ad ordineÌ„ ad decoruÌ„ ad aedificationeÌ„ ecclesiae pro eo tempore pertinentibus Neuerthelesse we doe not discommend or reproue the fathers because they did multiply and increase the orders of the ministers according to the various manner of dispensing the word and of gouerning the Church Seeing that was in their libertie and power as it is also in ours And seeing also it is euident that they did that for honest causes for order comlinesse and edification of the Church as that time did require Out of these golden wordes I obserue first that the holy fathers in former ages did institute diuers orders of Ministers which orders though they be not found expressely in Gods booke yet this great learned man dareth not disalowe or reproue the same But our young maisters who for learning are vnworthy to carrie his bookes after him dare condemne them roundly and make hauocke of the Lawes of the ancient Church Secondly that the Church both then and now had and still hath full power and authoritie to constitute diuers orders of Ministers in the Church Let this obseruation bee well marked for it is of great importance and no small moment Thirdly that such orders and constitutions doe pertaine to the order comelinesse and edification of the Church Fourthly that these things may be changed at the discretion of the Church as the circumstances of the times places and persons doe require I answere secondly that the office of Deacons is no otherwise this day in our English Churches then it was of old in all Churches throughout the Christian world I proue it for that both ancient councells of Nice Carthage and others and also the holy fathers doe testifie the same so copiously as none but younglings of no reading can be ignorant thereof Thirdly that Deacons in the Apostolique time and primitiue Church did not onely serue the table and minister to the poore but also baptize and preach the Gospell I prooue it first because there were Deacons at Ephesus at Philippi and in Crete as may euidently be gathered of the Epistles which were written to Timothie Titus and the Philippians And for al that there was in those places at that time such paucitie of Christians as there could bee either small neede or none at all for Deacons to attend vpon the tables Secondly because the solemnitie of imposition of hands vsed in the ordering and consecration of Deacons doth argue a further and more excellent function then the bare and sole ministerie of the table This was well obserued by the great learned Doctor Illyricus whose wordes are these Hinc autem apparet eos non tantum ad dispensationem elemosynarum alimentorumque sed etiam ad institutionem auditorum fuisse adhibitos sicut illi Act. 6. etiam simul docuerunt non tantum aeconomiam administrarunt sed nimirum munus illorum fuit tantum rudiores instituere seu catechismum tradere dum presbyteri omnibus sufficere laboribus nequeunt Hence it is apparant that the Deacons were ordained not onely to distribute almes and reliefe to the poore but also to instruct and teach their auditors as they also of whom mention is made in the acts were occupied in teaching and not onely in houshold-businesse For their office was to instruct the ignorant and to Catechise
to the Arch-bishop of Canterburie ouer the other Bishops and Ministers in England Now for aunswere to the other part of the obiection touching high Commissioners Iustices of Peace and Quorum I haue referued the next Chapter CHAP. VI. Of civill offices in Ecclesiasticall persons THe authoritie in ciuill matters committed to the ministers of the Church is not made a thing intrinsically incideÌ„t to the ministerie or as a part thereof but it is coÌ„mitted to them by the Prince whom his subiects are not to limit what persons he shall vse in counsell or to whom hee shall commit the execution of his lawes and it is added to their ministerie as profitable and necessarie for the present state and good of the Church Which good to bee procured by that meanes rather then by any other imployment besides it may appeare both by experience and practise By experience for that wee see those Kingdomes Princes and people most blessed of God where learned and godly Bishops haue beene receiued into the Princes Counsell By practise because I haue both heard and read that maister Caluin and maister Beza were admitted to be Counsellours of the seate at Geneua being thought sit men for that place Who doubtlesse would neuer haue yeelded thereunto if they had thought it a thing either vnlawfull in it selfe or incompatible to their function No no it is neither vngodly nor yet vnseemely for a Minister to come from the Pulpit to the correction of vice sinne and wickednesse But contrariwise it is so godly so comely and so necessarie that it euer hath beene vsuall both in the Lawe of nature in the Lawe of Moses and in the Lawe of grace for First in the lawe of nature Melchisedech was both King and Priest So reporteth holy Moses in his booke of Genèsis and Saint Paul to the Hebrewes And Saint Hierome telleth vs that all the eldest sonnes of the holy Patriarches were both Kings and Priests Aiunt hunc esse Sem filium Noe supputantes annos vitae ipsius ostendunt eum ad Isaac vsque vixisse omnesque primogenitos Noe donec sacerdotio fungeretur Aaron fuisse pontifices The Hebrewes saith Saint Hierome affirme this Melchisadech to bee Sem the sonne of Noah and reckoning the yeeres of his life they shewe vs that he liued vntill Isaac and that all the first begotten of Noah vntill Aarons Priest-hood began were Bishops Yea whosoeuer will denie that Noah Abraham Isaac Iacob and others did rule ouer those who were committed to their charge as wel in ecclesiasticall as ciuill causes they may truly be said to knowe nothing in the scriptures Secondly in the Lawe of Moses Moses himselfe was both the ciuill Magistrate and a Priest For Moses iudged the people from morning vnto euen Hee put the Malefactors to death who had committed Idolatry Hee consecrated Aaron and his sonnes and burnt sweet incense on the golden Altar Heli was both the high Priest and iudge of the people for the space of 40 yeares together Samuel likewise was both a Priest and iudge ouer the people for the space of 30. yeares together The good king Iosaphat made the Priests iudges both in ecclesiastical and ciuil causes And after the captiuitie of the Iewes the Machabees were rulers aswel in ciuil as in ecclesiastical causes Read the books of the Machabees Iosephus Egesippus and this truth will soone appeare But what neede many words in a case so cleere and euident God himselfe made a general law that the priests the ciuil magistrate shuld iontly determine iudge and decide all controuersies These are the expresse wordes of the Law if there rise a matter too hard for thee in iudgement betweene boold and blood betweene plea and plea betweene plague and plague in the matters of controuersie within thy gates then shalt thou arise and goe vnto the place which the Lord thy God shall chuse And thou shalt come to the Priestes of the Levites to the iudge that shall be in those dayes and aske and they shall shewe thee the sentence of iudgement These wordes are so plaine as all interpretation may be thought needlesse Thirdly in the Gospell and newe Testament wee haue a pluralitie of examples in this behalfe S. Paul when he made his abode at Corinthus with Aquila and Prescilla whom Claudius the Emperour had driuen from Rome he wrought with his hands being of the same craft with them and made tents as they did S. Augustine thought it a thing so lawfull for a Bishop to be iudge in causes Ecclesiasticall that I wonder how any man hearing or reading his owne words can any longer stand in doubt thereof Thus doth he write Quis plantat vineam de fructu eius non edit Quis pascit gregem de lacte gregis non percipit Tamen Dominum Iesum in cuius nomine securus haec dico testem invoco super animam meam quoniam quantum attinet ad meum coÌ„modum multo mallem per singulos dies certis horis quantum in bene moderatis monasterijs constitutum est aliquid manibus operari caeteras horas babere ad legenduÌ„ orandum aut aliquid de divinis litteris agendum liberas quam tumultuosissimas perplexitates causar uÌ„alienarum patide negotijs secularibus vel iudicando dirimendis vel interveniendo praecidendis quibus nos molestijs idem affixit Apostolus non vtique suo sed eius qui in eo loquâ—batur arbitrio quam tamen ipsum perpessum fuisse non legimus Aliter n. se habebat apostolatus eius discursus Sequitur quem tamen laborem non sine consolatione domini suscipimus prospe vitae aeternae vt fructum seramus cum tolerantia Servi n sumus cius Ecclesiae maxime infirmioribus membris quanta libet in eodem corpore membra sumus Omitto alias innumerabiles ecclesiasticas curas quat for tasse nemo credit nisi qui expertus est Non ergo alligamui onera gravia humeris vestris imponimus quae nos digito non attingimus quandoquidem si officil nostri sarva ratione possemus videt ille qui probat corda nostra mallemus haee agere quae vt agatis hortamur quà m ea quae non agere cogimur Who planteth a vineyard and eateth not of the fruite thereof who seedeth a flocke and receiueth not of the milke of the flocke Yet I call the Lord Iesus to witnesse vpon my soule in whose name I boldly vtter these words that touching mine owne commoditie I had much rather euery day to worke some thing with mine hands as it is appointed in well gouerned Monasteries and to haue the houres free to read and to pray and to doe some exercise in the holy Scriptures then to suffer the tumultuous perplexities of other mens causes touching secular affaires either in determining theÌ„ by iudging or in cutting theÌ„ off by intreating to which molestations the Apostle hath tyed vs not by
his own iudgemeÌ„t but by his iudgement who spake in him which troubles for al that himself did not vndergoe because his course apostolicall had an other respect Which labour notwithstanding we endure with consolation in the Lord for the hope of eternall life that we may bring forth fruit with patience for we are seruants of the Church and especially to the weaker members how mean members so euer we are in the same bodie I let passe innumerable other Ecclesiasticall cares which perhaps none will beleeue but he that hath tryed the same We therfore doe not binde grieuous burdens together and impose them on your shoulders which we doe not touch with our finger seeing we had rather do those things which we exhort you to do then which we our selues are compelled to doe if we could so doe with the discharge of our dutie as knoweth God the searcher of our hearts Thus discourseth this holy auncient and most learned Father Out of whose doctrine I obserue many golden worthy and very necessarie documents for the instruction of all indifferent Readers First that he delt much in secular causes and affaires of the world Secondly that he had rather haue wrought with his hands and haue done much bodily labour in the monasterie then to haue beene so tossed and turmoyled in hearing and determining ciuill causes of his people Thirdly that he vsed sometimes to ende matters by way of intreatie as a friend and sometime by absolute authoritie as a Iudge Let this point be well marked because it is of great moment Fourthly that the Apostle had bound him so to deale in secular affaires Fiftly that the Apostle did not impose that secular charge vpon him by his owne iudgement and authoritie but by the counsell and iudgement of God himselfe who spake in him Which charge he proueth out of the Apostles doctrine in the place and chapter quoted in my Margent Sixtly that S. Austin did vndergoe the molestations of secular businesse because hee hoped thereby to attaine eternall life Seuenthly that hee could not doe his bounden dutie vnlesse hee were sometimes occupied in deciding ciuill causes So farre was this holy Father from their opinion who more rashly then wisely affirme it a damnable thing and an Antichristian marke for a Bishop to be a Iustice of Peace or of Quorum and yet cannot any learned writer be named for the space of a thousand and two hundred yeares who reputed not S. Austin for a very holy man and a most graue learned writer Let all such persons therefore consider better of the matter and either wilfully condemne that holy Father and mighty pillar of Christes Church or else let them henceforth be more sparing of such savage loquacitie and approue the Christian and laudable offices of Iustice of Peace and Quorum in the reuerend Fathers the Lord Bishops of the English Church For Saint Anstin was both a Lord bishop and as it were a Iustice of Peace as is apparant by that which is already said since the beginning of this discourse The same Saint Augustine in the presence of Religianâ— and Martinianus his fellow bishops and Saturninus Leporius Barnabas Fortunatianus Ructicus Lazarus and Eradius Priests declaring to the people what paines hee had taken many yeares for them being greatly occupyed molested and troubled in their secular affaires earnestly required of them for Christes sake that now in his olde age they would bee content that hee might commit some part of his secular care vnto one Eradius a yong man but a vertuous Priest to which request when the people had yeelded Saint Austin added these wordes Ergo fratres quicquid est quod ad me perferebatur adilluÌ„ perferatur vbi necessariuâ— babuerit consilium meum non negabo auxilium absit vt subtraham Therefore brethren whatsoeuer was wont to bee brought to my hearing let it hence-foorth come to him and when he shall haue neede I will not denie my counsel God forbid I should with-drawe my helpe By which words of this Holy father it is most apparaÌ„t to euery child that hee was very much encombred with secular busines both in the foore-noone and in the after-noone and yet for all that he durst not wholy withdraw himselfe no not with the consent of the people least in so doing he should of fend God And therefore he said Absit God forbid Let the word absit be well remembred Saint Epiphanus the Bishop of Salamina a Citie of Cyprus behaued himselfe so worthily and Christianly while hee was occupied in politique and ciuill affaires that is short time he became famous among many Nations Hermias Sozomenus in his Ecclesiastical Historie writeth of the said Father in these words Nam cum in multitâ—dine hominum in vrbe ampla eaque maritima sacerdotâ— fungeretur ob praestantiam virtutis qua etiam negotijs civiliâ—â— occupatus vsus est breâ—i cum civibus tum peregrinis cuiusâ—â—â— nationis notus factus est illis quidem vt qui eum coram vidissent eiusque piae vitae fecissent periculum his autem vt qui iâ—â—â— idem de eo narramibus fidem adiunxissent For when hee executed his priestly function in a most populous and large citie which was an hauen towne neere vnto the Sea in a short space he was famous among all Nations for his great vertues which he made vse of while hee was busied with secular affaires To the Citizens he became famous because they knewe him familiarly and had made good tryall of his holy life To the Strangers in that they beleeued the constant report of the Citizens Loe this auncient writer holy Father and learned Doctor who liued aboue one thousand two hundred yeares agoe was either a Iustice of Peace when he was the Bishop of Cyprus or else had some other ciuill office equivalent to the same Dorotheus a vertuous and learned Priest of Antioch did serue the Emperour in ciuill affaires Eusebins Caesariensis writeth of this auncient Priest who liued more then one thousand three hundred yeares agoe in these wordes Dorotheum dignitate sacerdotali tum Autiochiae donatum virum sanè disertum cognovimus Hic in sacris literis exquisitè eruditus fuit linguae hebraicae diligentèr navavit operam adeò vt scripturas hebraicas scientèr posset intelligere Erat honestis ac liberalibus parentibus prognatus humanioris literaturae neutiquam expers eunuchus reverà natus vti illum imperator propter incredibilem eius naturam in suam familiam a sciverit praefectura purpura tingendae quae apud Tyrum est honorificè donarit We knowe Dorotheus a Priest of Antioch an eloquent man in deede He was very skilfull in the holy Scriptures he had profited so in the Hebrew tongue that he could perfectly vnderstand the Scriptures in Hebrew hee was descended of honest and liberall parents not vnseene in humane literature He was indeede an Ennuch borne so that the Emperour rauished with his excellent nature receiued him
into his Court and gaue him an honourable charge to ouersee his house where his purple was dyed at Tyrus Nicephorus Callistus in his Ecclesiasticall Historie telleth vs of one Philaeas a famous Bishope and blessed Martyr who as hee reporteth got great credite for his dexteritie in deciding ciuil causes committed to his charge But to let others passe let vs heare what a famous late writer saith who fauoured the presbyteriall Discipline so farre foorth as either by learning or safe conscience hee could agree therevnto These are his expresse wordes Interim non diffitemur episcopos qui simul etiam principes sunt praeter authoritatem ecclesiasticam sua etiam hebere iura politica seculare sque potestates quemadmodum reliqui habent principes ius â—â—perands secularia ius gladij nonnullos ius eligendi confirmandique reges imperatores aliaque politicae constituends administrandi subditosque sibi populos ad obedientiam sibi praestandam cogendi Ac proinde jatemur politicis horum mandatis quae sine transgressione legis divinae servari possunt a subditis obtemperandum esse non solum propter timorem sed etiam propter conscientiam Neuerthelesse wee doe not denie that Bishops which are also Princes may besides their authoritie ecclesiasticall haue also politicall right and secular power like as other Princes haue right to commaund secular matters authoritie to vse the sword authoritie to choose and confirme Kinges and Emperours to constitute and administrate other ciuill affaires as also to compell their subiects to yeelde obedience to them in that behalfe And therefore wee graunt that their subiects must obey their civill commandes which may be kept without offence of Gods law and that not onely for feare but also for conscience sake The same Zanchius in an other place hath these wordes Quis autem illis omninò obediendum esse quo iure quaque iniuria principes suerint creats ex testimonijs a me allao us non videat apertè demonstrari cur n. qui subdits sunt Moguntino Colontensi Trevirensi principibus imperij simul archiepiscopis in rebus cum pietate christiana non pugnantibus non obtemperent seditiosorum certè fuerit non obtemperare Quodsi istis cur non etiam Romano ijsdem in rebus candem ob causam qui sub eius vivunt imperio eadem n. horum omnium est ratio And who cannot see it euidently proued by the examples which I haue alledged that they must bee obeyed vndoubtedly whether they be by right or no right created Princes For why shall not subiects obey in things not against Christian pietie the Princes of the Empire being also Arch-bishops of Moguntia Colen and Trevers it is doubtlesse the properietie of sedicious persons not to yeelde obedience vnto them And if these must bee obeyed why not also the Bishop of Rome in the same matters and for the same cause of those that liue within his Empire for there is the like reason of them all Thus writeth the famous and great learned Doctor Zanchius Out of whose resolution I obserue these points for the good of the gentle Reader First that Ecclesiasticall and Civill iurisdiction are compatible and may both be in one and the same subiect at once Secondly that Bishops which are also Princes may together with their Ecclesiasticall iurisdiction haue also secular power and authoritie to vse the sword and such like Thirdly that the people within their dominions and liberties are bound to obey them Fourthly that they must obey not onely for feare but euen for conscience-sake Fiftly that whosoeuer shall disobey such Bishops and Arch-bishops doe shewe themselues thereby to be seditious fellowes To which I adde that this doctine of this great learned man who was a most zealous professour of Christes Gospell doth flatly confound and euen strike dead pronouncing a sharpe vae vobis to all such as shall obstinately refuse to obey our Bishops and Arch-byshops here in England For whatsoeuer can be obiected against our Bishops why wee shall not obey them the same may be alledged against those Bishops of which Zanchius speaketh in this place Yea our Bishops are as lawfully created Barons and doe this day as lawfully enioy their temporall Baronries for ought I know by the free donation of the Kings of this Realme of famous memorie as doe the Bishops of Germanie I therefore conclude from a good foundation surely layd that Bishops and Arch-bishops aswell concerning their names and titles as their authoritie iurisdiction and superioritie ouer other Ministers are both lawfull necessarie and agreeable to the practise of the Catholique Church in all Ages and consequently that none will or can denie the same but such as are either wholy ignorant in the auncient Councels holy Fathers and ecclesiasticall histories or else maliciously bent to speake against their owne knowledge and wittingly and willingly to oppose them selues against the knowne truth Yea Maister Calvin graunteth freely that hee which is Lorde of a Village or Citie may exercise the office of teaching CHAP. VII Of the Churches authoritie in things indifferent The first aphorisme of things de facto altered in the Church MAny things being in their owne nature indifferent haue beene changed in the Church by her authoritie as the circumstances of times places and persons did require First our Lord Iesus did celebrate the holy Communion and memoriall of his sacred passion in the euening after Supper Yet the Churches custome this day is and euer was to celebrate the same in the morning before Dinner Secondly Christ did celebrate the same vsing vnleauened bread therein but the reformed Churches doe this day vse leauened bread without offeÌ„ce in so doing Thirdly Christs Apostles receiued the blessed Eucharist fitting but the custome of the Church hath euer beene to receiue the same kneeling And they that would seeme to haue most spiced consciences will not sticke to receiue it standing or walking Fourthly Christ washed his Apostles feete willing them to followe his example and to wash one anothers feete Fiftly the Apostles made a solemne Decree affirming it to proceede from the holy Ghost to abstaine from blood that which is strangled And yet the church many yeares agoe haue wholy altered that holy ordinance and Apostolicall constitution Sixtly Saint Paul after hee had willed the Corinthyans and vs in them to be followers of him euen as he was of Christ telleth them and vs plainly that euery man praying or Prophesing hauing any thing on his head dishonoureth his head And yet at this day smalaccount is made therof This point will be made more plaine when I come to speake of the oath Ex officio The second Aphorisme of things not expressed in the Scriptures and yet decreed by the Church to be obserued and kept IN the church of the Hebrewes wee read of many approoued constitutions for which there was no warraÌ„t in the written word First King Salomon appointed a solemne
traditions concerning the discipline order and government of the Church Sixtly that it is free and lawfull for euery Church to appoint ordaine and constitute that kind of pollicie discipline government which is most sit profitable for the same And the reason hereof is yeelded to be this because our Lord Iesus hath prescribed no setled law therein but hath left all indifferent things to the libertie of his Church Seuenthly that there can no greater plague come to the Church then to tye all Churches to one kinde of externall government Zanchius teacheth the selfe same doctrine euen in the same words Petrus Martyr after he hath distributed traditions into three orders shewing one kinde to bee expressed in the Scriptures an other plaine repugnant to the same the third neither contrary to the word of GOD neither necessarily affixed vnto it addeth these expresse words Sunt nonnullae traditiones quas neutras appellare libuit quod verbo deinec adversentur nec illinecessariò cohaereant inquibus mos ecclesiae gerendus est tribus interposit is cautionibus Primùm videndum est ne obtrudantur quasidei cultus deculiar is quaedam sanctimonia quandcquidem potius recipiendae sunt adordinum conservandum civilem ecclesiae commoditatem atque sacrarum actionum decorum alioquin in sacris literis luculentèr habemus descripta quaead sanctitatem cullum dei coÌ„ducunt Praeterea cavere oportet ne quaesic traduÌ„tur it a putemus necessaria vt pro tempore amoveri non possint Servetur ecclesiae suum ius de his medijs vt quoadilla statuat quicquid viderit magis adificationem credentium promovere Consideretur demùm saepiùs nimijs traditionibus ceremonijs in immensum auct is populum Christi sic gravari vt tantum non obruatur There bee some traditions which may bee termed uentrall or indifferent for that they neither are against Gods word neither doe they necessarily cohere with it In which ceremonies the Churches constitution must bee obeyed if three cautions doe concurre First that they bee not obtruded as Gods worship or peculiar holinesse but as pertaining to order and the ciuill commoditie of the Church and to comlinesse in divine actions otherwise all things are sufficiently comprised in the holy Scriptures which pertaine to holinesse and gods worship Secondly we must beware that they be not reputed so necessarie that they cannot be chaunged as the time requireth Let the Church keepe her interest and libertie in these indifferent things to appoint what shall be thought most necessarie to the edifying of the faithfull Lastly let it bee well remembred that the multitude of Ceremonies doth often so annoy the people that they are almost vndone therewith M. Beza hath these words Quoniam multitudo plerumque impirita est intractabilis maior pars saepè meliorem vincit ne in democratia quidem leguimè constituta omnia permissa sunt â—ffraeni vulgo sed constituti sunt ex populi consensu certi magistratus qui plebi praeâ—ant inconditam multitudinem regant Quod sihaec prudentia in negotijâ— humanis requiritur multò sanè magis opus est certa moderatione in ijs rebus in quibus homines prorsus caecutiunt neque causa est cur quisquam sani iudiâ—ij homo clamitet nullum hic esse prudentiae locum nisi hanc prudentiam de qua loquor ostendat cum deiverbo pugnare quod sanè non arbitror Neque n. simplicitèr spectandum quid sit ab Apostolis factum in politia ecclesiastica quum diversissimae sint circumstantiae ac proinde absque Cacozelia non possint omnia omnibus locis ac temporibus ad vnam candeÌ„que formam revocari sed potius spectandus est eorum finis scopus invariabilis ea deligenda forma ac ratio rerum agendarum quae rectè eò à educat Because the multitude is for the most part ignorant and intractable and the greater part doth often times prevaile against the better all things are not euen in a popular state lawfully appointed committed to the vnbridled multitude but certain Magistrates are appointed by the peoples consent to guide rule and gouerne them If this wisedome be required in wordly affaires much more is a moderation to be had in those matters in which men are altogether blinded Neither is there any cause why any man of sound iudgement shall exclaime that in such matters there is no place for pollicie except hee can shewe this pollicie whereof I speake to be repugnant to the word of GOD which I am perswaded he can never doe For we must not simply looke what the Apostles did in ecclesiasticall pollicie and Church-gouernment seeing there is so great varietie of circumstances that a man cannot without preposterous zeale reduce all things in all places and times to one and the same forme in doing things which leadeth the right way to the same Thus writeth Maister Beza who hath many like periods to the like effect which I omit in regard of brevitie Out of these words I note first that the Church is not so strictly bound to the practise of the Apostles that she must alwayes follow the same in these Adiaphorôis Secondly that the Church in things indifferent hath power to make any Lawes which are not repugnant to the word of God Which point I would haue the Reader to ponder seriously because it is very emphaticall and of great moment Thirdly that all Churches cannot haue one and and the same kind of government because the circumstances of times places and persons will not suffer it Fourthly that the Church in all the lawes and constitutions must chiefly respect the peaceable government of the people Hieronymus Zanchius is consonant to the other Doctors while he writeth in this manner De ritibus ceremonijs in ecclesia servandis eadem pietas eccle siarum aedificatio flagitat ne nimis acritér quasi pro aris focis vt dici solet sit aimicatiâ— disceptetur sed singulis ecclesijs lâ—beri relinquantur quemadmodum ettam in veteri ecclesia factum fuisse apud Socratem alios ecclesiasticos scriptoreâ— legimus Quibus ae rebus in genere probamus atque amplectimur vtramque epistolam Augustini ad Ianuarium Haec n. faciunt ad ecclesiae aedificationem Touching Rites and Ceremonies to bee obserued in the Church the same pietie and edifying of the Church requireth that wee contend not too biterly as if it were for matters of great moment but that euery Church haue her libertie therein as we reade in Socrates and other ecclesiasticall writers that it was the olde custome of the Church Of which things in generall we allow and embrace both the Epistles which Austin wrote to Ianuarius For these things tend to the edification of the Church The same Zanchius in an other place hath these words Interea tamen non improbamus patres quodiuxta variam tum verbi dispensandi tum
Hierusalem did of themselues make the famous Doctor Origen Minister of the Church Many like testimonies are euery where to be found in the historie of the Church but I studie to be briefe The fourth Reason drawne from the vniforme consent of late Writers MAister Caluin whose onely testimonie were sufficient in this dispute is so plaine and resolute that whosoeuer shall with iudgement and indifferencie peruse his Doctrine cannot but yeelde vnto mine opinion in this behalfe These are his expresse wordes Est quidem ilâ—ud fateor optima ratione sancitum in Laodicensâ— consilio ne turbis electio permittatur Uix n. vnquam evenit vt tot capita vno sensu rem aliquam benè componant This I confesse was with very great reason decreed in the councell of Laodicea that the Election should not bee permitted to the common people For it is very seldome or neuer seene that so many heads can agree to conclude any matter well Loe this great learned man who was the greatest patron of the new discipline graunteth freely and roundly that the Church may change the maner of election and consequently that no one certaine kind of election is de iure diuino decreed by Gods law to be perpetuall Againe in an other place the same Doctor hath these wordes Verum in caeteris consentanea fuit ipsorum observatio cum Pauli descriptione In eo autem quod tertio loco posuimus quinam scz ministros instituere debeant non vnum semper tenerunt ordinem But in all the rest their obseruation was agreeable to the discriptioÌ„ of the Apostle And touching the third point who ought to choose the Ministers they did not alwaies obserue the same order Loe the maner of chusing the Ministers was not the same in euery place but varied according to the circumstances of times and places as seemed best to euery Church Maister Beza is so plaine in this controuersie though he be deemed one of the chiefest patrons of the Presbyterie that I thinke his words indifferently poâ—deâ—ed will sufficiently confirme mine opinion and the Doctrine I defend These are his expresse words Quoniam plerumque multitudo imperita est intractabilis maior part saepe meliorem vincit ne in democratia quidem legitimè constituta omnia permissa sunt effrent vulgo sed constituti sunt ex populi consensu certi magistratus qui plebi praeeant inconditam multitudinem regaÌ„t Quod sihaec prudetia in negotijs humanis requiritur multo sanè magis opus est certa moderatione in ijsrebus in quibus ho-mines prorsus caecutiuÌ„t Neque causa est cur quisquaÌ„ sani iudicij homo clamitet nullis hic esse prudeÌ„tiae locuÌ„ nisi hanc prudeÌ„tiaÌ„ de qua loquor ostendat cum dei verbo pugnare quod sanè non arbitror Sequitur neque n. simplicitèr spectanduÌ„ quid sit ab apostolis factum in politia ecclesiastica quum diuersissimae sint circumstantiae ac proinde absque Cacozelia non possint omnia omnibus locis ac temporibus ad vnam eandemque formam revocari sed potius spectandus est eorum finis scopus invariabilis ea deligenda forma ac ratio rerum agendarum quae rectaeo deducat Because the multitude is for the most part ignorant and intractable and the greater part doth often preuaile against the better there cannot bee found euen a popular state lawfully appointed where all things are commited to the vnruly multitude but certaine magistrates are appointed by the consent of the people to rule them If this prudence must be had in humane affaires much more is a moderation required in those matters wherein men are altogether blinded Neither is there any cause why any man of sound iudgement should exclame that in such a case there is no place for pollicie vnlesse he can shewe this pollicie whereof I speake to bee repugnant to the word of God which I thinke he can neuer doe For we must not alwaies looke what the Apostles did in Church gouernment seeing there is so great diuersitie of circumstances that a man cannot without preposterous zeale reduce all things in all places and times to one and the selfe same for the but it is sufficient if respect be had to their end and purpose which is not variable and that manner and forme in Church-matters be vsed which leadeth directly thereunto Thus writeth Maister Beza Out of this Doctrine which maister Beza hath freely deliuered to our consideration I obserue these worthy documents which I wish the gentle Reader to keepe alwaies in his good remembrance First that the common people are ignorant and intractable and so vnfiit to beare any â—way in matters of great moment Secondly that in worldly matters the vnâ—uly multitude are euer gouerned by others in euery well managed common-weale Thirdly that a greater care must be had in Church-gouernment and that the vulgar sort must haue lesse dealing therein Fourthly that no wise man will or can denie that the Church must vse great pollicie in these affaires Fiftly that no private man may speake against the Churches pollicie vnlesse hee can prooue the same to bee against the word of God Sixtly that the Church is not alwayes bound to follow that in her pollicie and gouernment which the Apostles did practise in their time Which sixe points if wee shall ponder them seriously we can not but finde our English church gouernment to bee agreable to Maister Bezas doctrine Who I verely thinke if he were here and did behold the same would with applause subscribe therevnto M. Bullenger a man of high esteeme in Christs church hath these wordes Quamobrem hinc efficitur ecclesiam habere potestatem mandatum eligendi ministros Hoc autem facere potest vel tota ecclesia vel fidi homines ab ecclesia ad hoc elects provt commodius vtilius ad pacem conscrvanaam aptius videtur pro locorum personarum temporum ratione Nam cuncta haec ad Pauli regulam dirigenda sunt vt omnia decentèr ordine fiant Sequiturâ— ita Paulus Bernabas presbyteros seu ministros elegerunt in ecclesus Asiae Et Titus in Creta Timotheus in Ephesi ecclesiarum ministros ordinarunt Habent autâ—miâ—â—â—uam potestatem ex eo quod a tota ecclesia delecti sunt quae ex verbo dei potestatem mandatum habet eligendi ecclisiae ministros Wherfore hence it commeth that the Church hath power and commandement to choose Ministers And this commission may be performed either by the Church her selfe wholy or by some faithfull persons chosen by the Church to this ende and purpose as shall be thought more convenient profitable and sit for the peace of the Church regard being had to the places persons and times For all these things must bee referred to Saint Pauls rule that all things may be done decently and in order So Paul and Bernabas choose Ministers in the
Iohanne euangelista christi discipulo dicere possumus Cùm n. multis varijs periculis obiectus apostolieam functionem longo tempore administravisset tandem Ephesiorum episcopus factus in ea vrbe anno ab ascensione domini sexagesimo octavo è vivis excessit This also must be marked that they laid away the name of Apostles so soone as they were tyed to any one church and had the continuall charge thereof To wit when they being either hindered with old age or afflicted with diseases were no longer able to endure troubles and molestations of trauaile For then they were no longer called Apostles but Bishops We may bring Saint Iames the yonger for an example or rather for a witnesse of this matter For Hierome and all the auncient Fathers call him the Bishop of Hierusalem and for no other cause saue onely that he had placed himselfe in that citie For when in former times hee as the rest of the Apostles being giuen to peregrination had taught the faith euery where the Apostles made him as a diligent watchman the Bishop of Hierusalem The same we may say of Saint Iohn the Euangelist and disciple of Christ. For when he being exposed to many dangers had executed the apostolicall function a long time hee was at length made the Bishop of Ephesus and died 68 yeares after our Lords ascension Out of these words of this excelleÌ„t discourse I note first that in the Apostles something was extraordinarie and temporarie and something likewise ordinarie and perpetuall This is an obseruation of great moment well worthy to be engrauen in Marble with a Penne of Gold Secondly that the Apostles were some time Bishops and that their function in that respect was perpetuall Thirdly that so soone as they betooke themselues to an ordinarie calling they ceased to bee called Apostles and were named Bishops And this their ordinarie calling remaineth this day in the Church and shall continue vntill the worlds ende Hence commeth it that all the holy Fathers affirme with vniforme consent that Bishops this day succeede the Apostles in their ordinarily calling This graue Writer deliuereth his opinion for ceremonies most plainly and prudently in these expresse wordes Iam obijciebant odiose nimis salem butyrum salivam lutum alia id genus imo ipsas quoque orationes quae super infantibus fiunt quod neque Iohannes neque apostoli legerentur orationibus baptismo praeivisse Ad quae sic respondimus primùm ad ceremonias Christum interim caecos quosdam visui restituisse mediantibus tactu aut luto interim solo verbo respice neque tamen eos minùs vidisse qui tactu vel luto mediante aciem recepissent quà m qui solo verbo at nihil morari nos externa ista si ecclesia iubeat resâ—indi factumque est vt protinus iuberet non ignorantibus nobis qui verbo praesumus iam inter exordia ecclesiae horum fuisse vsum tametsi eis non tantum tribueretur atque his nostris temporibus vndè citrà negotium recidimus Now they obiected too odiously Butter Salt spittle Cley and such like yea the very praiers made ouer infants because neither Iohn nor the Apostles are read to haue preuented baptisme with prayers To which wee answered and first to the ceremonies that Christ sometime cured the blinde by touching and Clay sometime by his word onely neither for all that did they see lesse who receiued sight by Clay and touching then they which sawe by his onely word but we make no reckoning of these externall things if the church command them to be taken away and wee obeâ—ed as shee appointed albeit wee ministers are not ignorant that in the beginning of the church these ceremonies were vsed though not in such sort as now adaies and therfore without contradiction we reiect them Out of this dicourse we may learne sufficiently howe to behaue our selues touching ceremonies viz. to vse or refuse signes and ceremonies as beeing thinges indifferent as the church shall thinke it expedient and appoint to be done Hemingius an other famous late writer hath these words Augustinus Ambrosius non offenduntur ex coque aliae Remae aliae Mediolani essent ceremoniae Nam inter se iunguntur pij spiritis Christi non humanis ceremonijs Vt pios gubernatores ecclesiarum velim magno studio cavere ne ceremoniae scandalo sint infirmis it a privatos nolim quicquam mutare in ceremonijs gravi authoritate a maioribus institutis approbatis Neque est quod exactissima ratio singularum ceremoniarum inquiratur modo non manifestam superstitionem impietatem redoleant Quidam offenduntur ceremonijs nostris quas clamitant papisticas esse Dicunt nos habere sacerdotes altaria vectes candelos imagines exorcismos signationes crucis planè papistico more His ego respondeo ecclesiam veram a falsae dictingunendam doctrina cultu non ceremonijs quae per se adiaphorae sunt Neque n ceremonias adiaphoras tanti momenti esse indicamus vt propter illas schismata moveantur in ecclesia Retineatur doctrinae sinceritas retineatur purus dei cultus Alia serviant partim tranquillitati partim infirmitati hominum relinquamus prudentia quberuatorum de his rebus dispiciant Austen and Ambrose are not offended that Rome had one kind of ceremonies and Millan an other For the godly are lincked together by the spirit of Christ not by humane ceremonies As I wish the godly gouernours of Churches to be very circumspect that ceremonies doe not scandalize weakelings so would I not haue priuate persons to alter any thing in ceremonies which our auncestors with graue authoritie haue ordained approued Neither is there any cause why we should require an exact reason of euery ceremonie so that they imply not any manifest superstition and impietie Some are offended with our ceremonies crying out that they are papisticall They say we haue Priests Alters Vestures Candels Images Exorcismes Crossings euen after the Popish manner To these good fellowes I aunswere that the true Church is distinguished from the false in doctrine and worship but not in ceremonies which are of their owne nature things indifferent For we thinke not ceremonies indifferent to be of such moment that for them wee may make a Schisme in the Church Let vs retaine the sinceritie of Doctrine and hold fast the pure worship of GOD. Let other things serue partly peace and tranquillitie partly the infirmitie of men and let vs leaue these things to the prudent consideration of our superiours and let them dispose thereof Out of these wordes of this great learned Writer wee may gather all things necessarie for the decision of all controuersies about rites and ceremonies of the Church For first hee telleth vs that the varietie of ceremonies at Rome and Millan did not offend Saint Austen and Saint Ambrose Secondly that priuate persons must bee obedient to the lawes of their superiours and
nec iniunxit Dominus ergo illi placere acceptus esse non potest Ceremoniarum autem ratio longè alia est Nec enim dicere licebit de ceremonijs istis in Scriptura nihil proditum est ergo ceremonijs istis vsi non sunt quod ipsum in exemplo divae virginis Apostolorum abundè satis demonstratum est We reade in no place of the holy Scripture that the Apostles weare baptized saue onely that mention is made of two in S. Iohn Where for all that the same is not plainely expressed but obscurely infinuated If therefore wee shall follow your manner and denie all things which are not conteyned in the holy scriptures then certes we shall bee compelled to graunt that neither the blessed Virgin Marie nor the Apostles them selues were euer baptized which doubtlesse is a strange assertion and farre from all pietie and religion But touching doctrines of Faith and those things which informe our faith the inward mā we must ever vse this as a present preseruatiue what God hath not cōmanded vs to beleeue to beleeue that is not necessarie to our saluation Our Lord neither appointed nor inioyned this kinde of worship therfore it can neither please nor bee acceptable to him But touching ceremonies the case is farre different For wee may not say there is no mention made of these Ceremonies in the Scripture therefore the Apostles vsed them not which thing is prooued abundantly by the example of the blessed Virgin and of the Apostles Out of this must excellent discourse I obserue these worthy documents First that all things necessarie for our saluation are comprised in the holy Scriptures Secondly that many other things necessarie for Church-gouernment are receiued by tradition Thirdly that it is not a good Argument to reason after this manner there is no mētion of these things in the Scriptures therfore the Apostles vsed them not or therefore they are not lawfull This doctrine is agreeable to Saint Austins rule who calleth it insolent madnes to withstand and contradict that which is receiued by the custome of the whole Church Yea it is consonant to S. Pauls practise against the malapert saucinesse of contentious persons CHAP. XI Of the Presbyterie and Seignorie SOme otherwise learned doe this day labour with might and maine to proue that our English church ought to be gouerned with a Presbyterie that is with Pastors Teachers Laicall vnpriested Elders and Deacons These 4. as they contend are the lawfull Gouernors of euery particular congregation Pastors and teachers for procuring the aduancement of the faith of the Church Elders for the censure of their conuersation and life and Deacons for the comfort of the poore That that the truth of this controuersie of which many talke but very few vnderstand it aright may be laide open to the indifferent Reader I haue thought it good to proceed therein by way of Propositions The 1. Proposition THat kinde of gouernment which may bee altered for the circumstances of times places and persons is neither necessarie nor perpetuall But the gouernment by Pastors Doctors Elders and Deacons if euer there were any such kind of gouernment in the Christian world may be altered and chaunged Ergo it is neither necessarie nor perpetuall the Argument is in forme and the Proposition most cleare euident to euery childe The difficultie or doubt if there be any resteth in the assumption But I haue prooued it at large where I disputed of the Churches authoritie in things indifferent Yea there was a time euen in the dayes of the Apostles when the Church had no Deacons There was also a time euen in the dayes of the same Apostles when the Church had no vnpriested or vnpreaching Elders Who so readeth seriously the Acts of the Apostles and S. Pauls Epistles can not bee ignorant in this behalfe The 2. Proposition CHrist did not translate the Sanhedrim Synedrion or Consistorie of the Iewes vnto his Church in the newe Testament I proue it first because both their lesse kinde of Sanhedrim and their great as they did afterward diuide it was onely in one place for all the Realme viz. First at Sylo then at Hierusalem their chiefe citie vntill the worst and last alterations therein but the seekers of the newe English Presbyterie would haue the like if not the very same to bee erected in euery congregation Againe in both Consistories of the Iewish Sanhedrim aswell in the greater of the 70 as in the lesser of the 23. they were all either Priests or Doctors of the Lawe the King and the Peeres of the Realme only excepted Thirdly then Sanhedrim had partly politicall partly eclesiastical iurisdiction both together but our Presbyters haue onely ecclesiasticall seeing as they graunt to be Iudges in ciuill places is onely the Office of the ciuill Magistrate The 3. Proposition THe English supposed Presbyterie is not compatible with a Christian Monarchie but must perforce despoyle her and bereaue her of her royall soueraignitie I proue it because the sayd Presbyterie challengeth vnto her selfe all authoritie in causes ecclesiasticall the supreme ouer-sight of which causes pertaineth to the ciuill Magistrate as is already proued The 4. Proposition THE English desired Presbyterie is not grounded vpon the word of GOD. I proue it because the Scriptures alledged by the Patrons thereof doe conclude no such matter The Textes are fiue in number being all that any way seeme to make for their purpose The first is out of the Gospell tell the Church To this Text I answere in this manner First that wee for the true meaning of this portion of Scripture will giue credite to Saint Chrysostome and the rest of the auncient Fathers The Church to which this complaint must bee made doth signifie the Bishops and gouernours of the Church who according to all generall Councels auncient Canons and the continuall practise of the Church were euer to this day reputed acknowledged and taken for the Church representiue Secondly that if we will be ruled by M. Calvins censure Christ doth not here say any thing of the church of the New Testament but alludeth to the order of the Church of the Iewes Thirdly that by the iudgement of the graue and learned writer M. Bullinger a great Patron of the Presbyterie Christ speaketh here of the whole congregation and not to a fewe persons of whom consisteth the supposed Presbyterie And this exposition is so agreeable to the Text as none with right reason can denie the same Yea this sense is indeed agreeable to the verdict of S. Chrysostome and of all the auncient Fathers and to the continuall practise of the Church in all ages These are M. Bullingers wordes Quamobrem hinc efficitur ecclesiam habere potestatem mandatum eligendiministros Hoc autem facere potest veltota ecclesia vel fidi homines ab ecclesia ad hoc electi prout commodius vtilius ad pacem
conservandam aptius videtur prolocorum personarum temporumratione Nam cuncta haec ad Pauli regulam dirigenda sunt vt omnia decentèr ordine fiant Wherefore hence it commeth that the Church hath power and commaundement to choose her Ministers And this may bee performed either by the whole Church or by faithfull men chosen of the Church for this ende and purpose as shall bee thought more commodious profitable and fit for the conseruation of peace respect being had to places persons and times For all these things must bee reterred to Pauls rule that all things be done decently and in order And a little after the same Writer hath these wordes Habent autem istisuam potestatem exeo quod a tota ecclesia detecti sunt quaeex verbo Deipotestatem mandaâ—nÌ„ habet eligendi ecclesiae ministros But these men haue their authoritie for that the whole Church hath chosen them which by Gods word hath power and commandement to choose the Ministers of the Church Thus writeth this learned man Out of whose words it is most apparent cleare that all power is graunted vnto the whole Church who to auoyde confusion and for order sake committeth her authoritie to certaine chosen persons Which persons are the Bishops and Prelates of the Church say I and all antiquitie will confesse the same with me For neither Councels Fathers nor auncient Canons doe make any mention of the late vpstart presbyterie The Second text is fathered vpon Saint Paul where he saith let him that ruleth doe it with diligence The third text is drawne from the same Apostle where he telleth vs that God hath ordained in the Church some Apostles some Prophets some teachers some workers of miracles after that the gifts of healing helpers gouernours To these two texts which are of one and the same effect for the establishing of the presbyterie I answere in this maÌ„ner First that the Apostle in both places may be vnderstood indifferently either of ciuill gouernours and gouernment onely or of ecclesiasticall onely or of both ioyntly consequently that the text cannot be racked so that it must perforce be vnderstood of the vnpriested Seniors of the Presbyterie especially seeing it may as fitly if not more truly be vnderstood of Kings Monarches and other ciuill christian Magistrates to whom the chiefe care and ouersight appertaineth of all persons and causes within their kingdomes territories and dominions Secondly that the original Greek word Cubernesejs signifieth gouernments not gouernours So that thereupon cannot be inferred necessarily any distinct gouernor from the afore-named Apostles prophets and Doctors For diuers offices may bee and often are coincident in one and the same officer And for this respect when the Apostle commeth to the repetition of his former assertions and should by order haue mentioned the gift of gouernance he passeth it ouer in silence albeit he reckoneth vp the other seuerally Wherby hee giueth vs to vnderstand that hee containeth the same either in all or in some one of the former offices or gifts Thirdly that none of the holy Fathers in their Commentaries did euer gather out of these texts or the like any vnpreaching Seniors Fourthly that both maister Caluin maister Bucer and maister Martyr doe extend these places to all kinde of gouernment The fourth text is taken from the Epistle to the Ephesians which proueth nothing at all because there is no mention made in that place of any gouernours saue onely of Apostles Euangelists Prophets Pastors and Doctors None of which doubtlesse can be their vnpriested Elders The Fift text is borrowed from Saint Paul to Timothie where he saith the Elders that rule well are worthy of double honour specially they which labour in the word and Doctrine This text I graunt hath some colour though no truth of that which is in question But I answere that the Apostle vnderstandeth by Elders such as are ministers of the word or else of the Sacraments I proue it first because Saint Hierome Saint Chrysostome and Saint Ambrose yea and maister Caluin himselfe where hee speaketh purposely of Seniors doe so vnderstand the word Elders Secondly because the originall Greeke worde Coptôntes which signifieth to labour painfully doth argue a differeÌ„ce betweene Elders of the same calling whereof some laboured more painfully then others did the meaning of the Apostle is this and no other that laborious and painfull Elders are so much the more worthy to be graced with greater honours by howe much greater paines and troublesome turmoyles they vndertake in their ministerie For by the word labour Saint Paul vnderstandeth no ordinarie vulgar and meane exercise but an extraordinarie vehement and most painfull labour such as Timothie Titus Luke Marke and others were well acquainted withall Thirdly because the Apostle if hee had meant that some Elders did neither preach nor administer the Sacraments would haue added which labour in the word and administration of the Sacraments for it had been as easily said as which labour in the word and doctrine but because there were some that laboured onely in the word and doctrine and other some likewise who laboured in administring the Sacraments hee saide Coptôntes which labour painfully to distinguish them from such as laboured in the same kind and office though not in so laborious and painefull maner The fift proposition THe constitution of the earnestly wished and long expected English presbyterie doth ouerthrowe it selfe and can no way be defeÌ„ded I proue it first because diaconesses or widowes are no lesse required in the holy scripture then are Deacons neither are the one more extraordinarie or temporarie then are the other And consequently the frame or building of the presbyterie is not perfect seeing it consisteth onely of these foure Pastors Teachers Elders Deacons And to answere as some doe that there must bee godly poore widowes when they can bee gotten is not to the purpose For if Gods appointment and order may bee altered in widowes because sit women cannot bee gotten euen so may wee excuse the want of their ruling vpriested Seniors as also the want of their Preaching Ministers For the necessitie and want of sit persons is equall in them all I proue it Secondly because Pastors and Doctors or Teachers are not distinct officers but are taken in holy Writ for one and the same For Saint Paul hauing seuered Apostles Prophets and Euangelists addeth to them Pastors and Teachers by a coniunction copulatiue which hoe would not haue done doubtlesse if hee had deemed them to bee different orders Saint Hierome is iumpe of mine opinion and reasoneth after the selfe same manner And Saint Austen beeing demaunded of Peulimis what difference was betwixt Pastor and Doctor a pastor and a Teacher answered in this sort viz. That they were all one because hee cannot bee a pastor who hath not Doctrine wherewith hee may feede the flocke committed to his charge Maister Bullinger decideth the controuersie in plaine tearmes
an Israelite more addicted to idolatrie then were the Gentiles Besides this the wicked pretensed Queene Athalia had traiterously murdered and wholy extinguished all the lawfull royall blood the yong childe king Ioas onely excepted whom God contrarie to her knowledge had miraculously preserued and withall shee had set vp the worship of Baal Wherefore it was the parts of the Priests and Peeres of the Kingdome to protect the King to defend his royall right to suppresse the vsurped power of Athalia and to deliuer the King his kingdome and themselues from the confused Ataxia Idolatrie bloodie tyrannie which she had brought vpon them by her violent intrâ—sion and vniust vsurpation of the royall right of Ioas their Lawfull King and vndoubted soueraigne So then albeit the Ministerie of feeding of Preaching Gods word and of the administration of his Sacraments pertaine onely to his ministers neither may the meere ciuill magistrate in any wise intermedle therewith yet for al that most true it is that the prouision for the food the ouer sight that the children of God be duly fed and that the ministers doe exercise their functioÌ„s in vigilant dutifull manner belongeth to the ciuil independant and absolute princes For this respect is it that Kings and Queenes haue the names of nurses not for that they nourish their children in ciuil matters onely but as in ciuil so also in spirituall that is to say in lacte verbi dei in the milke of the word of God For though the execution pertaine to the ministers yet the prouision direction appointment care and ouer-sight which is the supreame gouernmeÌ„t indeed belongeth onely soly and wholy to the prince For this cause is it that King Ezechias highly renowned in holy Writ though he were but yong in yeares did for all that in regard of his prerogatiue royall and supreame authoritie in causes ecclesiasticall call the Priests and Leuits his sonnes charging them to heare him and to followe his direction and commandement for so are the words of the text This notwithstanding I graunt freely and willingly that ministers in the action of their ecclesiastical function church-ministerie are aboue all christians aboue Queenes Kings and Monarches representing God vnto them teaching admonishing rebuking them euen as all others following the godly example therein of S. Iohn that Baptist. Yea if need so require and that the vices of the princes kings and monarches be notorious scandalous to the whole church the Bishops may denounce such potentates to be enemies to the truth aduersaries to GOD and no true members of the Church but forlorne people to be reputed as Ethnicks publicans vntill they giue true signes of vnfeyned repentance But withall this must euer be remembred and most loyally obserued of all Bishops in Christs Church viz. that the prince though full of manifest vices most notorious crimes in the world may neuer be shunned neither of the people nor of the Bishops seeing God hath appointed him to bee their gouernour Much lesse may the people forsake their obedience to his sacred prerogatiue royall and supereminent authoritie And least of all for it is most execrable damnable and plaine diabolicall may either the people alone or the Bishops alone or both ioyntly together depose their vndoubted soveraigne though a Tyrant Heretique or Apostata For all loyall obedience and faithfull seruice in all civil affaires and whatsoever els is lawfull they must euer yeeld vnto him He may bee admonished by the Ministers in the Court of conscience concerning his publique offences but he may neuer bee iudged in the court of their Consistorie touching his power royall and princely prerogatiue their power is only to admonish and rebuke him and to pray to God to amend that is amisse Hee hath no iudge that can punish him but the great iudge of all euen the GOD of heauen Note the answeres to all the obiections following marke them seriously The 2. Obiection Great learned men doe hold that there were vnpriested Seniors in the Primitiue Church who together with the Pastors did gouerne the Church And the same is this day practised in many reformed Churches The Answere I answere First that I doe not condemne the practise of other reformed Churches but teach plainly and Christianly that euery Church hath freedome libertie and authoritie to make such canons orders ordinances and constitutions as shall bee thought most meete fit and conuenient for the external gouernment thereof Which thing I haue already proued not onely by the practise of the Church in all ages but also by the vniforme assent and constant verdict of best approoued Patrons of the reformed Churches in this age Secondly that those great Patrons of the reformed Churches who deeme vnpriested Elders to be convenient for their particular precincts free cities and common weales doe for all that thinke an other gouernment more fit for Christian Monarchies and doe highly commend the same I might alledge the ioynt testimonies of M. Gualter M. Hemingius M. Bucer and of many other famous late Writers But in regard of breuitie onely M. Musculus shall content me for the present These are his expresse words Principio vt constituat ecclesiarum ministres vbi illi desiderantur sive eligat eos ipse five ab alijs iussu ipsim electos confirmet Neque n. convenit vt praeter authoritatem potestatis publicae public a quisquaÌ„ numer a in ecclesia obeat Dices at secùs factuÌ„est in primis ecclesiis in quibus a ministris ac plebe eligebantur ecclesiarum antistites Respondeo talis tum ecclesiarum erat status vt aliter non essent eligendi ministri propterea quod Christiano magistratu destituebantur Sirevocas temporum illorum mores primùm conditiones ac statum quoque illorum revoca First it is the dutie of the ciuil magistrate to constitute the ministers of the church where they be wanting whether he choose theÌ„ himselfe or confirme those which others by appointment haue chosen For it is not meete that any minister execute any function in the Church without the authoritie of the publique Magistrate You will say But it was otherwise in the Primitiue Church where the Ministers and the people did choose their Gouernours I answere the state of the Church was then such that the Ministers of the Church could not be chosen otherwise because then they were destitute of a Christian Magistrate If thou wilt vse the manners of that time thou must first call againe the condition and state of that time Out of these words I note many golden obseruations First that the ciuill Magistrate may appoint and elect the ministers of the Church Secondly that none can lawfully execute any Church-foundation or bee a Minister of the Church without election assent authoritie or confirmation of the ciuil magistrate Thirdly that the ciuil magistrate may either choose the ministers himselfe or appoint others to doe it Fourthly that the gouernment of the
naturali euen by the light of nature for euery law is made for some end which end how often soeuer it may bee accomplished without the law so often the execution of the law is needeles Secondly wee must holde this for a constant foundation that albeit the ciuill Magistrate be commaunded to punish malefactors yet is neither the kinde of punishment nor the quantitie thereof taxed by the law of God but it still abideth indifferent to bee determined by the supreme ciuill Magistrate for as I haue alreadie proued although there were speciall punishment prescribed in the iudiciall law of Moses for transgressors of the Sabboth for adulterers for false witnesses for murderers theeues and such like yet neither by the Law morall nor by any Law in the New Testament to which lawes onely we Christians are this day bound is any such punishment determined therefore may the ciuill Magistrate if it so seeme good vnto him chaunge the vsuall punishment of theeues which with vs is to bee hanged and cause them to be cast into the sea with milstones about their neckes and the same may bee saide of the punishment for other malefactors Thirdly wee must repute this for an vndoubted foundation vz. that the end for which Gods Law appointeth malefactors to be punished is the publike peace and good of the whole common-weale for this is so euident by the course of the whole scripture as it can neither with learning nor reason bee denied Out of these three foundations thus firmely stablished these two Corrolaries may euidently bee inferred First that whensoeuer any member of the common weale committeth any capitall crime for which hee ought to die by the law whose life for all that is more profitable to the weale publike then his death in such a case the Prince may pardon such a malefactor not thereby sinne at all which thing christian Princes seeme to respect when in the time of warres they set such felons at libertie as are able to doe seruice in defence of the Realme Secondly that when any malefactor is so mightie or so strongly seated or otherwise so vnfit to bee dealt withall that the Prince cannot without probable daunger of his royal person or great domage to the common-weale punish the said malefactor then in such a case the prince may tollerate such a malefactor vnpunished and not thereby sinne at all These foundations and illations being once well vnderstoode and remembred the conclusion though of great moment cannot but be manifest and cleare Neuerthelesse I will adioyne some sound reasons hereunto for the better confirmation of the same The first reason It is a common and generally receiued Maxime aswell of all Ciuilians as Diuines vz. Lex non obligat vltra intentionem legis-latoris The law doth not bind a maÌ„ beyond the intention of the Law-maker Whereupon I inferre first that the ciuill magistrate may dispence with his owne Law Secondly that the Prince being Gods Minister may tollerate or pardon malefactors when and so often as such tolleration or pardoning tendeth to the common good of the publike-weale the reason is euident because the intention of God the supreme Law-maker was euen that and none other wheÌ„ hee appointed his ministers to punish malefactors The obiection The Prince pardoneth many times when hee little regardeth the common good nay wheÌ„ his pardoning doth great harme to the publike weale and Church of God The Answere I aunswere first that hee hath receiued his authoritie to profite the Church and common-weale and not to doe hurt vnto the same Secondly that it is sufficient to satisfie the consciences of subiectes who haue not to examine their Soueraignes secret affaires and to enquire what causes he hath to deale thus and so in matters of State that the Prince may in some cases vpon some causes either tollerate sin vnpunished or pardon malefactors If the case were otherwise euery subiect might soone take occasion to rebell If the Prince abuse his authority he must render an account to God for the same The second Reason Prodigalitie is a great sinne condemned aswell in Philosophie as in Diuinitie it neither will nor can bee denyed It is the exceeding extreame of the vertue liberalâ—tie This notwithstanding all Christian Kinges for ought that I can learne haue euer tolerated the same vnpunished at least in some degree neither were they for such tollerations reproued at any time by any ancient approued writer or learned Father whatsoeuer Which doubtles is â—nd ought to be so reputed an argument of no small importance For although Emporour Kinges and Monarches may and doe sinne aswell as others of meaner calling yet neither did they neyther euer can they liue vnreproued if at any time they sin notoriously either by stabilishing wicked lawes publikly or by suffering their subiects to make hauock oâ— Gods lawes dissolutely For God can raise vp children of stones to Abraham and neither is hee nor euer will hee be destitute of faithfull couragious seruaÌ„ts who wil constantly and without all feare reproue all such as contemne his holy lawes He hath watchmen on the wals of his Ierusalem who will crie out against sin continually and neuer keepe silence day nor night He is not without his Elias that will stoutely reproue all wicked Achabs Hee hath in store a Daniel to condemne all naughtie Iudges and to acquit his faithfull Susannes Hee will finde a Prophet to exclame against idolatrie and to teach euery Ieroboam his dutie He can and wil prouide an other Iohn Baptist to speake boldely to all bloody Herods And yet in so many hundred yeares such tollerations haue neuer beene reprooued to my knowledge by any auncient Father or other learned VVriter The reason hereof I take to bee this because if this sinne were punished there woulde rather hurte then benefite insue therevppon The third reason It is a generall Maxime receiued not onely in Diuinitie but in Philosophie also Ex duobus malis minus eligendum Of two euils the lesser is to bee chosen that is to say when two euils concur so that both cannot be auoided but that necessarilie the one must happen then it is not onclie not sinne but godlie VVisedome and Christian Policie to preuent and auoide the greater euill with permission and tolleration of the lesse For example sake it is euill for a man to cutte off his owne arme or legge if the thing bee absolutely and simply considered in it selfe yet to cut it off least the whole bodie putrifie or perish is a very lawful act Which thing all Christian Princes Monarches seeme to respect when they in sundrie cases doe tollerate sinne vnpunished The blessed man Moses so highly renowned in holy writte pardoned great malefactors in the hainous crime of diuorce and this tolleration he graunted to auoide a greater euill that is to say least the Iewes vpon euery light cause should poyson those wiues whome
they did not loue for that such light diuorcement was onely permitted but neyther by God not by Moses approued I will demonstrate by these important and insolluble reasons First because these are Christes owne wordes Moses because of the hardenesse of your heartes suffered you to put away your wiues but froÌ„ the beginning it was not so Secondly because the mariage was indeed after suchlight diuource vnlawfull by the law For thus writeth Saint Paul know yee not Brethren for I speak to them that know the Law that the law hath dominioÌ„ ouer the maÌ„ as long as he liueth for the womaÌ„ which is in subiection to a maÌ„ is bound by the Law to the MaÌ„ while hee liueth but if the man be di ade shee is deliuered from the law of the man So then if while the man liueth shee take an other maÌ„ she shal be called an adulteresse Out of these words I note first that marriage cannot bee dissolued during the life of the former husband I note secondly that this was so euen in Moses law because Saint Paul saith hee speaketh to them that knew the law I note thirdly that to be married after diuorce for a light cause during the life of the former husband is plaine flat adulterie I therefore conclude that to tollerate sinne vnpunished vpon good cause is no sin at all This mine assertion of diuorcement is not onely grounded vpon the Scriptures but also confirmed by the holy fathers and best approued writers of this our age The 4. Reason We haue many examples in the holy scriptures of blessed meÌ„ that often pardoned Malefactors to this day were neuer reproued for the same King Dauid pardoned wicked Nabal at the peticion of his vertuous wife Abigal The same king Dauid pardoÌ„ed Abner who rebelled against him for the house of Saul The self same king tolerated Ioab in his naughtie dealings albeit he was more then a little offended with his manners The same king tolerated cursed Shemei thogh he coÌ„manded his son Salomon to do execution on theÌ„ both after that him selfe was dead The holy Patriarch Iacob did not punnish his sonnes Simcon and Leuie with death for their cruell murder done vpon the Sechemites though he had plaine regall and supreame authoritie ouer theÌ„ S. Austen did verie often intreate the Emperours most earnestly and humbly not onely to pardon heretickes but also the Circumcellions most naughtie people and cruell murderers The blessed virgin Mary was found to bee with child by the holy Ghost befor S. Ioseph shee came together Whereupon Ioseph because he was a iust man and would not put her to open shame was minded to put her away priuily thus reporteth holy writ Out of which wordes I note first that Ioseph knew the holy virgin to be with childe Secondly that he knew him selfe not to be the father of the childe Thirdly that Ioseph knew no other but that Mary his wife was an adultresse Fourthly that he thoght to haue put her a way secretly so to keepe her from shame punishment Fiftly that Ioseph was euen then deemed iust when the sought and thought to keepe her from shame although in his iudgement she deserued death by the law Yea S. Paul him selfe made intercession to Philemon for his seruant One simus though he had beene a vagabond and theuish fellow The first obiection No inferiour hath power to alter the law of his superiour and consequently man cannot pardon or tolerate malefactors whoÌ„ god appointeth to be punished The answer I answer first that precepts deliuered to vs in holy writ are of two sorts Some affirmatiue other some negatiue The negatiue bind vs at all times euery houre and in euery place but the affirmatiue thogh they be very apt to bind yet doe they not actually bind vs saue then onely when the due circumstances of times places and persons occurre hereupon it commeth that it is neuer lawfull to steale neuer lawful to commit addultery neuer lawfull to beare false witnes neither at any time nor in anie place the reason hereof is this because these precepts be negatiue This notwithstanding it is sometime lawfull to omit the precepts affirmatiue For exaÌ„ple it is necessary vnto saluatioÌ„ to mak confession of our faith and yet we doe and may often omit the same for that it is an affirmatiue precept And therfore Christ willeth vs not to giue that which is holy to dogs neither to cast our pearles before swine leaste they trâ—ad theÌ„ vnder their feete and turne againe al to rentus But wee are then bound to confesse our faith when either it tendeth to the glorie of God or to the good of our neighbour so that if such confession were not then made either god should be dishonoured or our neighbour scandalized So it is Gods coÌ„mandemeÌ„t to giue him thy cloake that will sue the at the law and take away thy caate yet maiest thou at sundry times for sundry respects denie him both thy coate and thy cloake So it is Gods commaundement to go with him myles twaine that will compell the to goe one and yet maiest thou sundrie times denie lawfully to goe with him either more or lesse so it is Gods commaundement neuer to turne away froÌ„ him that would borrow money of the or any other goods and yet maiest thou sundry times for sundry respects denie to lend either thy mony or other things All which and other the like haue this onely ground and foundation vz. That they are precepts affirmatiue which neither bind at all times nor yet in all places For precepts affirmatiue to vse schoole-tearmes obligant semper sed non ad semper Secondly that the ciuill magistrate had authoritie to mitigate many punishmeÌ„ts ordained for malefactors euen in the time of the old testameÌ„t For thogh he were appointed to punish them that vsed false weights and measures yet was that punishment to be determined according to the quantitie and qualitie of his trespasse The partie that was worthy to be beaten receiued many or few stripes at the descretioÌ„ of the magistrate M. Caluin a most zealous patron of pure religion hath these expresse words Impunè quidem vt liceat statui potest sicut in arbitio Principis est panas remittere Verum vt vitiosum non sit quod vitiosum esse natura dictat nullus legislator efficiet A law may be made that he which doth it shall not be punished euen as it is in the princes pleasure to pardon and releasse the punishment But that that be not sinfull which nature it selfe sheweth to be sinfull no law maker can effect or bring to passe Thus writeth this learned man granting freely as we see that the magistrate may sometime vpon good causes tolerate those sinnes vnpunished which gods law doth sharply reproue and speake against where the reader must obserue