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
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
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
Touching naturall propension which must needes bee referred to God the author of Nature it appeareth by it that a Monarchie or rule of one is most agreeable to nature it selfe For first in euery house the Father of the familie doth gouerne all the rest the wife the children and the seruants Againe the greatest part of the whole worlde a gouerned by kings Thirdly Monarchies and Kingdomes are farre more auncient then either Aristocraties or Democraties For proofe hereof the onely testimonie of she excellent Historiographer Iustinus may suffice These are his words Principio rerum gentium nationumque impeâ—ium penes reges erant quos ad fastigium huius maiestat is non ambitio popularis sed spectata inter bonos moderatio proueheâ—at In the beginning of the world the gouernment of people and nations was vnder Kings whome vertue not popular ambition aduaunced to that high seate of Maiestie Fourthly the creatures which are without reason and haue onely sense seeme naturally to desire the gouernment of one The holy Fathers doe so testifie of them and experience it selfe doth shew it to be so S Hierome hath these words Nulla ars absque magistro discitur Etiam muta animalia ferarum greges ductores sequuntur snos In apibus principes sunt Grues vnum sequuntur ordine literato Imperator vnus Iudex vnus prouinciae Roma vt condita est duos fratres simul habere reges non potuit parricidio dedicatur No Art is learned without a maister Yea euen the dumbe cattell and slockes of wilde beastes doe all follow their leaders The Bees haue their gouernours the very Cranes follow on in order in forme of a letter There is one Emperour There is one iudge of a prouince Rome was no sooner built then it abhorred to haue two kings at once to rule ouer it so as without cruell murder the dedication thereof was not accomplished But what neede is thereof further proofe in this dispute seeing it is euident to al that hold the Christian faith aright that God omnipotent is the supreme Monarch in heauen and earth and gouerneth by that kind of regiment which is neither Democraticall nor yet Aristocratical but monarchicall and consequently a monarchy must needes be the best kind of gouernment And whosoeuer can and list to read that holy auncient and learned father S. Ciprian shall finde this discourse so apparant as he can neuer stand long in doubt thereof I therfore conclude that whosoeuer shall denie a simple monarchie to be the best kind of gouernment must perforce fall vnawares into the error of the Marcionistes of the Manichies and of the Ethnickes For if it be true as it is most true as all Christians must confesse that the world is ruled in the best maner and best kind of gouernment by God that made it it must follow of necessitie that neither a Democratie nor yet an Aristocratâ—e is the best forme of Regiment For otherwise doubâ—lesse there must be many makers of this world and many Gods CHAP. III. Of the kind of gouernment of the Church and common weale of England NOw seeing it is true as is alreadie proued that a Monarchie is the best kind of gouernment and that the Church and common-weale of England is gouerned by a most wise most learned most vigilant and most religious Monarch Gods saithfull seruant and our gratious and most happie Soueraigne it followeth by a necessarie consequence that the kind of gouernment vsed in the Church and common-weale of England is the best and most laudable of all other For as our gratious soueraigne writeth most learnedly paritie is an enemy to vnitie and the mother of confusion The selfe same saith S. Chrysostome when he auoucheth degrees and superioritie to haue therefore bene appointed because equalitie engendreth strife and contention The same sai h S. Cyprian when he affirmeth boldly that heresie or Schisme did not rise of any other occasion but onely vpon this that there was not one Priest and one Iudge for the time appointed in the Church in the stead of Christ to whom the whole brotherhood should yeelde obedience The same saith S. Hierome when he auoucheth one to haue beene chosen among the Bishops to rule ouer the rest least euery one according to his own fansie should teare in peeces the church of Christ. Yea a Monarchicall gouernment is so necessarie euery where and in all sorts of creatures that S. Chrysostome acknowledgeth it amongst the bruite beasts in the Bees Cranes slockes of sheepe and Fishes of the Sea And therfore after a long discourse he concludeth in these wordes Libertas â— illa dissoluâ—a ac moderamine carens vbique mala confusionisque causa est For dissolute libertie without gouernment is euery where euill and the cause of confusion But because the excellencie of English gouernment shall be proued by degrees throughout this whole discourse thus much shall suffice for this place because I endeuour to auoide tautologie and not to bee tedious to the Reader CHAP. IIII. Of the supreame government of the ciuil magistrate ouer all persons and all causes within his Realmes territories and dominions OF this theame I haue written more largely in other treatises and therefore I purpose now to speake no more therof then I deeme conuenient for the matter I haue in hand For which purpose it were enough to well effected Readers to call to minde that the godly Kings as well in time of the law of Moses as in the time of the new testament and lawe of grace did manage all matters both of Church and Common-weale and therefore the ciuill magistrate was commanded to reade the booke of the whole lawe as well of the first as of the second table and to studie the same night and day Therefore was the ciuil magistrate commaunded to goe out and in before the people and to leade them out and in that the congregation of the Lord bee not as sheepe which haue no shepheard Therefore was the booke of the Lawe deliuered into the Kings hands at such time as hee receiued the crowne and was annointed Musculus a great learned man and famous writer affirmeth resolutely that the care of reforming and maintaning religion doth more appertaine to the ciuill magistrate then to the Ministers of the Church His expresse wordes are these Moses Primus catholicus Israelis magistratus personam gerens non sacerdotis quae Aaroni imposita fuit sed superioris potestatis similem regiae omnem in populo dei religioneÌ„ constituit ipsique Aaroni levitarum ordini facienda vitanda praescripsit In quo manifestè videmus disponendae religionis curam magis ad superiorem magistratum quà m ad sacerdotum ordinem pertinere Sequitur post mortem Mosis cura religionis vâ—â cum magistratis devolutae est non ad Eleazarum sacerdotem sed ad Iehosuah filium Nun de triba non Levi sed Ephraim Huic mandabat
dominus vt filios Israel secundò circumcideret Frat autem circumcisio signum faederis dei omninò ad religionem pertinens Sequitur in persona Samuelis cohaesere quidèm magistratus sacerdotium veram moderandae religionis curam sustinuit ille quoque non vt sacerdos sed vt magistratus quo tum non erat in Israele superior vt magistratus indicabat Israelem ac disponebat publica omnia tam sacrae quam prophana vt sacerdos sacrificabat pro populo orabat illumque docebat Moses the first Catholique Magistrate in Israel bearing the person not of a priest which was imposed vpon Aaron but of an higher power like vnto a Kings appointed order for all manner of Religion in the people of GOD and prescribed to Aaron himselfe and to the order of the Leuits both what they should doe and what they should auoide and leaue vndone Wherein we see euidently that the care of ordering Religion doth more pertaine to the higher magistrate then to the order of the Priests After the death of Moses the care of Religion together with the Magistracie was devolued not to Eleazar the Priest but to Iosuah the sonne of Nun who was not of the Tribe of Leui but of Ephraim To him God gaue coÌ„mandement that he shoâ—â—â— circumcise the second time the children of Israel But circuâ—cision doubtlesse was the signe of Gods couenant which pertaineth wholy to religioÌ„ In the person of Samuel there did cohere both the Magistracie the Priesthood but he receiued the charge of moderating religion not as hee was a Priest but as hee was a Magistrate greater then whom there was none at that time in Israel As a magistrate he did iudge Israel and ordered all publique affaires as well sacred as prophane ecclesiastical as ciuill but as a Priest hee offered sacrifice prayed for the people and taught them Out of these wordes of this great learned writer I note these golden lessons for the good of the well affected Reader First that Moses was a ciuill magistrate hauing authoritie like vnto a king Secondly that his power was greater then was the authoritie of Aaron the hie Priest Thirdly that Moses ordered all matters in religion and not Aaron who was the hie Priest Fourthly that he appointed to Aaron and to the whole order of the Leuites both what they should doe and what they should leaue vndone Fiftly that the charge care of religion doth appertaine more neerely to the magistrate then to the order of the Priests Sixtly that the magistrate hath the charge and care of ordering religion inseparably annexed to his ciuill office in that hee is a magistrate Seuenthly that a Bishop may haue authoritie to deale in ciuil causes as Samuel did Eightly that Samuel disposed all ecclesiasticall affaires not as hee was Priest but as hee was the ciuill Magistrate All which obseruations this learned writer proueth by the examples of many kings of Dauid Salomon Asa Iosaphat Ezechias and others And of King Dauid hee addeth this most golden and memorable sentence Dauid quoniam sciebat hanc primam curam pertinere ad reges magistratus vt religio Deiritè disponatur hortatus cos est ad id offiâ—ij Dauid because he knewe this chiefe care to pertaine to magistrates to see religion rightly ordered he exhorted them to that office saying Now ô Kings vnderstand be learned yee that iudge the earth Whosoeuer readeth this learned writer seriously throughout his whole discourse can no longer stand doubtfull of the truth of this question Zanchius a most learned writer and a man of singular iudgement in that booke which he left for a testimonie of his faith and Christian beliefe vnto the world and therefore the more to be regarded hath these expresse wordes Improbamus illos qui authoritatem in religione necis tantum causa attribuuÌ„t magistratibus dum illos negant authoritatem habere convocandi synodos deliberandide religione reformandiecclesias quae ad populorum salutem pertinent e sacris literis statuends aliudque eo esse nolunt quà m eorum quae ab episcopis definiuntur exequntores Wee reproue in like manner all those who yeelde and giue authoritie in religion vnto Magistrates onely in Capitall matters touching death whilest they denie them authoritie to call Synodes to consult of religion to reforme Churches and to appoint out of Gods word the things that pertaine to the saluation of their subiects and will onely haue them to bee the bare exequutors of those things which the Bishops doe decree Thus writeth this learned Doctor a man of as great a iudgement as any is in the christian world Out of whose words I note first that he condemneth many who now adaies thinke themselues very wise Secondly he auoweth that magistrates haue authoritie to call Synodes Thirdly that they haue power to deliberate of religion Fourthly that they haue authoritie to reforme the ministers and church-affaires Fiftly that they haue power to order those things which pertaineth vnto mans saluation Maister Martyr a very learned writer discourseth at large both of the authoritie of the minister and of the magistrate He sheweth most excellently both how the minister ought to exhort and rebuke the magistrate and how the magistrate ought to reforme gouerne and punish the minister Some part of his golden discourse I will briefely set downe referring the reader for the rest to the place quoted in the margent Nihil est in toto mundo ad quod verbâ— dei se non extendat quocirca longè falluntur qui clamitare solent quid conscionator cum rep quid cuÌ„ armis quid cum pharmacopolis quid cuÌ„ cocis at dicat c. There is nothing in the whole world to which the word of God doth not extend it selfe Wherefore they are farre deceiued that are wont to exclaime and say What hath the Preacher to doe with the Common-weale what hath he to doe with warres what with the Apothecaries what with cookes but let these good fellowes tell vs why the Minister of Gods word when he perceiueth Gods law to bee transgressed in these things may not rebuke the same out of Gods word why hee may not admonish the malefactors why he may not exhort them to desist from sinne it is his part doubtlesse to reproue sinners not with the sword not with Pecuniarie mulct not with imprisonment not with the sword not with exile but with the force power of Gods word Then this learned man proceeds and telleth vs that the ciuill Magistrate must see and prouide that the Bishops Pastors Doctors of the Church doe teach Gods word purely rebuke sinners fatherly and administer the Sacraments reuerently After this he telleth his Reader that kings haue not charge onely of the bodies of their subiects but of their soules also For saith this great learned Doctor we must not make princes swineheards and heardmen for keepers of cattell who haue care onely of the bellies flesh
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
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
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
Churches of Asia So Titus choose Ministers in Creta and Timotheus choose pastorall Elders at Ephesus And these persons haue authoritie so to doe because the whole church hath chosen them there vnto which by Gods word hath power and commission to choose the ministers of the Church Thus writeth this famous Doctor Out of these wordes I obserue these golden Lessons First that the authoritie to choose and elect the ministers of the church pertaineth vnto the whole church Secondly that the church hath this libertie and power granted to her either to choose them her self by general voices of all or else to appoint some special persons for that ende and purpose Thirdly that the manner of electing church-ministers may be chaunged as the circumstances of times persons or places shall require Fourthly that this varietie of election is grounded vpon Gods word Fiftly that Paul Bernabas Titus and Timotheus did of themselues choose the ministers of the church and consequently that the manner of electing church-ministers this day vsed in the church of England is agreeable to the word of God and also to the Apostolique practise of the Primitiue church For our Bishops doe not exercise any authoritie at all saue that onely which the whole church assembled in Parliament did by vniforme assent committed vnto them The first Obiection S. Cyprian telleth vs that the people haue interest in the Election of Ministers which was giuen them by diuine authoritie Ergo it is not in mans power to take away that freedome from them The Answere I answere First that S. Cyprian meaneth nothing else by diuine authoritie but divine examples not any divine precept commanding it so to be done Uiz. that there are examples in the Scripture by which wee may learne that the common people were present at the election of the Ministers to giue testimonie to the church of their life and conuersation as witnesses of their honest behauiour not as Iudges of the Election This my answere is grounded vpon S. Cyprians owne words which I proue sundry wayes First because he proueth his assertion onely by examples viz. For that Eleazar Matthias the 7. Deacons were chosen in the sight presence of the people Now we know that examples onely shew what may be done but they are not a law which doe or can commaund a thing of necessitie to bee done Christ ministred the holy Eucharist after Supper but wee doe it before dinner The Apostles receiued it sitting but wee take it kneeling Christ ministred it in vnleauened bread but wee in bread that is leauened So we see a great disparitie betwixt examples and precepts The former doe instruct vs but not compell vs the latter doe not onely teach vs but they also commaund vs. Againe because S. Cyprian hath these words Quod ipsum videmus de divina authoritate descendere vt sacerdos plebe praesente sub omnium oculis deligatur dignus atque idoneus publico indicio ac testimonio comprobetur Which thing wee see descends from diuine authoritie that the Priest may bee chosen when the people are present in the eyes of them all that he may be proued worthy by publique iudgement and testimonie And a little after he sheweth more plainly the cause why the people are present at elections Et Episcopus deligatur plebe praesente quae singulorum vitam plenissimè novit And that the Bishop may bee chosen in the presence of the people who know best what euery mans life hath beene Thirdly because S. Cyprian confesseth in that very place that some Prouinces had an other custome whom hee reproueth not I answere secondly that if the Antecedent bee admitted and wee also graunt the peoples interest to be De iure divino yet can nothing be inferred therevpon against the practise of the Church of England The reason is euident because nothing is done in our Churches of England to which the people haue not yeelded their assent as is alreadie proued The 2. Obiection The example of the Apostles saith M. Calvin is to vs Uice praecepti Ergo wee may not chaunge or depart from their practise in any wise The Answere I answere first that I haue proued the contrary both out of Maister Calvin and M. Beza yea M Calvin himselfe granteth freely that Christes owne practise may bee chaunged and that in a matter of greatest moment euen in the blessed Eucharist These are his owne words Nihil a Christs consilio ac voluntate alienuÌ„ facere videri qui non contemptu neque temeritate sed ipsa necessitate adacti provino aliua in ijs regionibus vsitatae potionis genus usurparent Hoc domini Calvini responsum vt optima ratione nixum Christi consilio consentaneum noster catus adeo comprobavit vt eos superstitiosè sacere censuerimus qui a vini symbolo vsque adeo penderent vt alter aÌ„ caenae partem omittere mallent quaÌ„ Analogon aliud symbolum ita cogente necessitate vsurpare M. Calvin saith M. Beza answered to his brethren in America which haue no wine that they should not doe contrary to Christes will and meaning who not vpon contempt but constrained with necessitie would vse insteede of wine some other kinde of drinke vsuall in that countery Which counsell of M. Calvin our congregation did so well like as grounded vppon good reason and agreeable to Christes counsell that we iudged them to be superstitious which did so depend vpon the Symbole of wine that they had rather omit the one part of the Supper then to vse vpon necessitie an other Symbole proportionable vnto wine This was M. Calvins opinion in this important and most weightie affaire M. Beza likewise deliuereth his iudgement in another subiect of like moment These are his expresse words Secundi generis sunt ipsa signorum materia nonnullorum râ—uum a domino institutorum forma vt exempti gratia panis vinum sunt caenae signa ex Domini institutione Ubi igitur panis aut vini vel nullus est vsus vel nulla certo tempore copia num caenae Domini nulla celebrabitur Imò ritè celebrabitur si quod panis aut vini vicem vel ex vsu communi vel pro temporis ratione supplet panis aut vini loco adhibeatur Haec n. mens fuit Christi quum panem ac vinum ad haec mysteria deligeret vt propositis earum rerum signis quibus corpus nostrum alitur veram alimoniam spiritualem velut ob oculos representaret Itaque a Christi sententi a nihil aberrat qui nullo prorsus novandi studio pro pane vino substituat quae etsi non parem similem tamen alimonia analogiam habeant Desie etiam aqua tamen baptismus alicuius differri cum adificatione non possit nec debeat ego certè quovis alio liquore non minus ritè quam aqua baptizarim Of the second kinde are the matter of the signes and the forme of
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
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
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
glorious resurrection Whereupon it followeth by a necessarie and ineuitable consequâ—tion which neuer can be answered that the Preaching of GODS word and the administration of his holy Sacraments are not so inseperably vnited and linked together but that the one may stand intiere and peâ—fect without the other For Christs will and holy ordinance is that onely rule by which and after which all the actions policie and gouernment of his Curch must be measured ordered and disposed And this reason ab authoritate legislatoris is confirmed by an other argument drawen ab exemplo Wedlocke or Marriage instituted for a triple ende viz. for procreation of children for the avoyding of fornication and for mutuall helpe and societie is perfect and lawfull for the secondarie ends though the first cannot be atchieued For marriage is lawfull in old women quib desinunt muliedria which are past the date of bearing children as all learned men doe graunt Ergo the institution and ordering of Priests or Ministers for a triple end viz. for Preaching of Gods word for administration of his holy Sacraments and for reading of the holy Scriptures godly prayers for the comfort edification of the congregation is godly perfect lawfull for the last second ends albeit the first caÌ„not be attained The same argument is further confirmed by the testimonie of the reformed churches in Helvetia whose iudgement I think the patrones of the English desired presbyterie wil not easily reiect or coÌ„demne Their expres words are these domnanius ministros ineptos non instructos donis pastori necessarijs Interim agnosâ—omus quorundam in veteri ecclesia pastorum simplicitatem innocuam plus aliquando profuisse ecclisiae quam quorundam eruditionem variam exquisitam delicatamque sed paulo fastuo siorem Vnde ne hodie quidem reijcimus simplicitatem quorundam probam nec tamen omuino imperitam We condemne vnmeete Ministers which are not indewed with gifts necessarie for a shepeheard Howbeit we acknowledge that the harmelesse simplicitie of some shepheards in the olde Church did sometime more profit the Church then the great exquisite and delicate but a little to proud learning of some others Wherefore we reiect not now adayes the good simplicitie of certaine Ministers so that they be not altogether ignorant Loe the great learned men the maisters and rulers of the reformed Churches in Helvetia allow and approue as much as we desire The cass is cleere it cannot be denied The first Obiection Saint Paul commandeth expressely that euery Bishop or pastor should be able to teach and to conuince the gainsayers Ergo no mortal man can dispense with vnpreaching Ministers The Answere I answere first that if euery pastor must of necessitie be able to conuince the gainsayers so as otherwise he caÌ„not be a lawfull pastor then doubtlesse must many of those who are of high esteeme with the fauourrs of the presbyterie be vtterly forsaken and deposed from their ministery Secondly that hospitalitie is required in a Minister euen as is his preaching and aptnesse to conuince And yet many pastors are allowed within the presbyterie which for all that can keepe no hospitalitie Thirdly that by Saint Pauls canons he is as vnlawfull a Pastor that is an angry Minister as he that cannot Preach For Saint Pauls wordes are as plaine for the one as they are for the other me orgilon not angrie But if all bee vnlawfull Pastors that be angrie howe can wee bee assured to finde any lawfull Pastors either in the presbyterie or else where Many other conditions doth Saint Paul require in pastors which will hardly be found in the elders of the Presbyterie The true sense and meaning of Saint Paules wordes is this and no other viz. that it is meete and conuenient that a Pastor of the Church haue those qualities and conditions which he reckoneth but withall he meaneth nothing lesse then that he is no lawfull Pastor which wanteth some of the saide conditions Yea the originall Greeke word doth confirme this mine exposition For deioun ton Episcopon doth onely signifie vnto vs that a Bishop or Priest should of congruitie and if it may be haue such conditions and qualities as the Apostle reckoneth vp to Titus and Timothy not that none can be true and lawfull pastors of the Church which are not indewed with all the aforenamed qualities No no the latin word oportet and the Greeke word dei haue no other sense and meaning but that it behooueth or that it is meete and conuenient not that it must of necessitie be so or else no lawfull ordination The second Obiection Christ sent his Disciples forth to preach the kingdome of God and to cure the sicke The Answere I answere that this was a speciall charge giuen onely to the Apostles and that it proueth as well that all Ministers must be curers of diseases as Preachers and conuincers of gainsayers The second Section of Preaching without licence and authoritie The patrons of the Presbyterie affirme those canons ordinances and constitutions to be vngodly wicked and plaine diabolicall which prohibite all Ministers to preach Gods word that are not lawfully licenced thereunto And they cry out against the most reuerend Fathers because they put som to silence whom they had licenced to preach in former times But I answere to these vnworthy complaints and vnchristian exclamations first that no man may take vpon him the ministerie but he onely that is lawfully called therunto Secondly that the Church to whom this authoritie is graunted may place and displace giue licence to preach and prohibite from preaching as it shall be thought most conuenient for the peaceable gouernment thereof and for edification of the people For this cause did King Salomon Depose Abiathar the high Priest and placed Sadock in his roome But doubtlesse he that hath power to displace the Minister which is a greater thing hath power a fortiori to suspend the Minister from execution or to prohibite him to Preach seeing that is a thing that requireth lesse authoritie Againe if the Church had not power to displace suspend and prohibite Ministers from Preaching as their demeanours and circumstances of times places and persons shall require then doubtlesse would the Church abound with schismes confusion and all ataxia contrarie to the Apostolike canon which prescribeth all things to be done decently and in order Yea I protest vnto the world that I deeme the prohibition of Preaching without licence to be one of the most necessary and profitable Canons that euer were ordained constituted and established by this our English Church For since euery man tooke vpon him to Preach at his owne pleasure and was permitted to doe it when and where he would lawfull authoritie hath binso impugned new-sangled conceits so vsuall vnsound doctrine so coÌ„moÌ„ the text it self either scantly touched or so rawly vnclerkly handled that the auditors were as ignorant of the true meaning of
is sinne this day as odious in Gods sight as euer it was and remaineth punishable by the law Morall which is the law of Nature more fullie explained in the Law of the Newe Testament but the quantitie kinde of punishment therein omitted by reason of the mutabilitie of times places and persons is wholly referred to the discretion of the wise Godly Magistrate This conclusion containeth in it three parts the expiration of the Mosaicall law Gods wrath and indignation against sinne the quantitie kinde of punishing sinne which is cōmitted to the Magistrate The first part is sufficiently cleered by the context of the former cōclusion The second part may be prooued by manie places of holie writ For as th' Apostle saith Tribulation anguish shal be vpon the soule of euery man that doth euill of the Iew first also of the Graecian Again in another place the wages of sinne is death Again therefore shall her plagues come at one day death and sorrowe and famine and shee shall bee burnt with fire for that God which condemneth her is a strong Lord. And Christ himselfe sheweth his generall hatred against sinne when hee pronounceth life eternall to be prepared for the righteous and euerlasting paine for the wicked The third and last part is proued two waies affirmatiuely and negatiuely Of the former speaketh S. Paul when hee telleth vs That the Magistrate is not to be feared for good workes but for euil Where hee rendreth the reason thereof vz. for that he is Gods Minister to take vengeance on him that doth euill Of the same speaketh Saint Peter when hee affirmeth the magistrate to bee appointed of God for the punishment of euill doers and for the prayse of them that doe well Touching the latter there is no parte in the whole corpse of the new testament or of the old this day in force which determineth eyther the quantitie or kinde of punishment with the which male factors are to bee punished This negatiue assertion is proofe sufficient vntill some instance can bee giuen for the affirmatiue Againe as the Prophets containe nothing but an explication of the Law so the New Testament containeth nothing but a cleare explication of the law and the Prophetes This I haue elsewhere proued at large where hee that listeth may reade the same for all the kindes of punishment expressed in the Mosaicall Law were meere iudiciall and are alreadie expired as is proued in the former conclusion The law Moral which is the law of nature teacheth vs that sinne ought to be punished but for that no one kinde of punishment not quantity in punishing can be meet and agreeable to all nations all times all places and al persons it leaueth the quantitie and kinde of punishment to bee determined by the godly and prudent Magistrate as shall bee thought most fit and commodious for the peaceable gouernement of the common weale the circumstances of times places and persons euer dulie considered this is euident by the practise of all nations for as M. Caluin writeth truely where Gods law the law of nature forbiddeth to steale the ancient lawes of the gentiles punished theft with double others condemned theues with exile and bannishment others adiudged them to be whipped others to be put to death False witnes was punished in som places onely with infamie in other places with hanging All lawes doe reuenge murder with blood but yet with diuers kinds of death In some places there are grieuouser paines appointed for adulterers in other places those that are more easie yet wee see how they all by this diuersitie of punishment tend to one and the same end For they all with one consent giue sentence of punishment against those offences which are condemned by the eternall lawe of god to wit murder theft adulterie false witnes but they agree not all in the manner of the punishment neithe truely is it necessarie or expedient that they should agree therein Their is a countrey which should out of hand be destroied with theues and slaughter if it did not with horible example deale verie sharpely with murderers There is also some time which requireth the enlarging of the sharpnes of punishment and some people verie prone to some certaine sinne vnlesse they be with great rigour kept in awe he is then very euill affected and enuieth the publike commoditie that is offended with this diuersitie which is most meete to retaine the obseruatiō of the law of God Thus writeth M. Caluin adding much more to the like effect which I omit in regard of breuitie referring the reader to the place out of whose words I note first that all nations who haue as S. Paule recordeth the law of nature ingrafted in their harts did not agree in the kind of punishing sin but vsed some one kind some another Secondly that theft murder false witnesse adulterie and such like haue not one and the same kinde of punishment in euerie people natiō Thirdly that addultery is punished in some places sharply in other som places more gentlie Fourthly that his diuersitie of the kinds of punishment is not onely godly and lawfull but also expedient and necessarie And so I conclude that the law morall which onely law is now in force doth leaue the quantitie and kinde of punishment to be determined by the ciuill Magistrate The third Conclusion Emperours and Empresses Kinges and Queenes absolute Princes and independant Magistrats may lawfully in certaine causes vpon good and godlie considerations either tolerate sinne vnpunished or pardon male factors For the exact handling of this conclusion because it is a matter of great importāce very necessary for many respects I deem it operapretiū agreable to the time in which we liue to lay down some strōg foundations in that behalfe First this is a constant Axiome approued by vniform assent of al learned diuines Cess inte fine legis cessat lex ipsa When the finall cause or end for which the law was made ceaseth then doth the law of necessitie also cease This foundation is grounded vpon the holy scripture where by the flat decree and setled law of the apostles wee are bounde to abstaine frō blood strangled meates This notwithstanding no man hath this day anie scruple of conscience to eate the same yet hereof no other sound reason can be yeelded saue onely that the end for which that law was made did lōg sithēce cease For euē at that time was no precise necessitie to abstaine from blood and strangled meates But this law was onely made in respect of the state of that time that the Gentiles and the Iewes might liue more peaceably together there by avoid all occasion of contention and quarreling And I therefor so soone as that end ceased the law also ceased with it and so we are this day freede from the same yea this Axiome is euident lumine
surcease from vsurie and to deale no longer therewith And this CouÌ„cel was celebrated aboue one thousand and two hundred yeares ago Yea the most famous Councel of Nice gaue pardoÌ„ to such malefactors as scarse deserued the same any way I therefore conclude that it is lawfull for Kinges Emperours and other independant Magistrates to tollerate or pardoÌ„ malefactors vnpunished when and so often as the same shall tend to the good of the common weale wherein Subiects are to obey and not peremptorily to iudge or curiously to examine and enquire Soli Deo gloria FINIS A TABLE CONTAIning the chiefe and principall matters of all the Chapters throughout this Discourse Of the sundrie kindes of gouernment Chapter 1. Of the chiefe and best kinde of gouernment cap. 2. Of the kinde of gouernment of the English church cap. 3. Of the supreme authority of the Prince in all causes cap. 4. Of the degrees of Ministers and the antiquity therof cap. 5 Of ciuill offices in Ecclesiasticall persons cap. 6. Of the churches authority in thinges indifferent cap. 7. Of thinges indifferent in particular cap surples c. cap. 8 Of the election of church-minister cap. 9. Of the ordering of ministers cap. 10. Of the Presbyterie cap. 11. Of the church discipline cap. 12. Of Preaching and other things coincident cap. 13. Of certaine Extrauagants ceremonies in Baptisme c cap. 14. Of the punishing and pardoning malefactors cap. 15. FINIS Monarchia Aristocrvteia Democratia Aristotel Lib. 3. Polit Cap. 5. Lib. 8 Ethic. Cap. 10. Basilicon doron Pag. 25. Tyrannis Oligarchia Timocratia Ochlocratia Anarchia Analogice in suo genere August epist. 50. ad Bonifaâ— Kings by succession are Kings indeed before their Coronation 1. Reg. 2. V. 27. Vide in fra cap. 11. â—â—â—sp ad â— obâ—ect in 6. propos In my motiuâ—â— and golden balance Conc. Constan. ses 15. Mark this wel Aristot. Ethicor. lib. 8. cap. 10. lib. 3. polit cap. vlt. Iustinus hist. lib. 1. in intio Hier. ad Rusticum tâ—m â— â—ol 22. B. Ciprian deidolorum vanitate Basilicon doron Pag. 41. Chrysost in 13. Cap ad Roman Cyprian libr 1. epis 3. Hieron ad Evagrium 10. 3. Fol. 150. Chrysost. in 13. cap. ad Rom. col 256. See the downfall of Poperie the golden ballance of triall Ios. 1. 8. Numer 27. Vers. 17. 2. par 23. Vers. 11. Musculus de magistr pag. 628. P. 629. P. 632. infra cap. prope â—inem nota Ios. 5. cap. Musculus vbi supra vide cundem authorem infra cap. 11. in resp ad 2. obiect 6 proposition nota valde vaâ—de Psal. 2. Zanchius de Religione cap. 16. art 9 Petrus Martyr in lib. Iudic cap. 19. Fol. 161. Bucerus de regno Christi lib. 2. cap. 1 Calvin in Epist. ante Esaiam ad Eliza. Angliae ReginaÌ„ Aug. vixit A. D. 399. Augustin Epist. 19. to a p. 52. Hier. epist. ad Euagr. tom 3 fol. 150. B. This was A. D. 6. 4. whiles S. Peter S. Paul and others were yet liuing Theodor. hist. eccl lib. 5. cap. 28. An D. 9. 7. Euseb lib. 3 cap. 30. Hier. in catal script eccles tom 1. fol. 124. A. Augusti ac haeresib ad quod-vult deum to 6. haeres 53. Epiphan cont haeres lib. 3. to 1. haeres 75. pag. 196. A. D. 372. Let this pâ—int be well mâ—râ—ed 〈◊〉 372. 〈◊〉 thousand and 〈◊〉 yeares aâ—â—â— Caluin in 2. sâ—r 10. Caluin in cap. 1. 〈…〉 vide cundâ—m ad 2 gaâ—â—t â—er 9. Hier. ad Euagrium Tom. 3. Fol. 150. Hier. in 1. Cap ad Tâ—tum Jrenaus adVers Heres libr 5. cap. 2. pag. 589. Vide infra cap. 10. in respons ad 2. obiect Chrysost. ad Titum hom 1 in initio Chrysost. ad Tim. 2. hom 10. inprincip Illyricus in prefat ad 1. ep ad Tim. Cyprian libr. 4 epist. 8 Conc. Nicae can 6 concil 3. carthag can 28. conc Antioch can 9. Calvin libr. 4 institut cap. 4 sect 4. 〈…〉 Conc. Nicae can 6. Can. 7. This can neuer be performed while the world endureth Ioh. 12. Vers. 43. This ought to be well pondered Bucerus deregno christs libr. 2. cap. 12 in initio Legatur caput integruÌ„ Zanchius de relig p. 170. Vide infra cap. 10. ex Zuinglio notato valaè Zanch. de relig pag. 250. Vide infra cap. 7. notato Hemingius in Enchiridio Pag. 368. Matth. 20. V. 25. Mat. 23. U. 9. 10. 11. Mat 6. v. 25. 28. 31. Prou. 6. v. 6. 7. 8. 2. Thess. cap. 3. 10. Chysost in 20. Chap. Mat pag. 549. Theophil in 20. cap. mat Aretius in 20. cap. mat Musculus in cap. 23. Matth. Infra cap. 12. sect 4. ex Pe. Marty Caluin libr. 4 intit cap. 6 sect 8. Beza in confess cap. 7. Pag. 257. Beza in consess cap. 5. Art 29. See Hemingius in enchirid Pag. 368 p. 372. p. 373. infra cap 10. verba eius habentur conc Antioch can 9 Caluin epist. 127. Caluin ad seren regem Poloniae epist. 190. Caluin vbi supra epist. 190. Ciuil offiâ—â—s are not in trinsecally incident to the ministery Vide infra cap. 11. ex Musculo propè finem cap. nota valdè In lege natura Gen. 14. Hebr. 7. Hier. in trad Hebr. in Genes tom 4. Fol 95. In lege Mosis Exod. 18. 13. Exod. 32. Vers. 27. Leuit. 8. Exod. 40. 1. Sam. 2. Vers. 11. Cap. 4 18. 1. Sam. 8. Act. 13. 21. 2. Paral. 19. Vers. 10. Deut. 17. v. 8. 9. In lege gratiae Acts 18. v. 2. 3. August de opere mon. cap. 29. tom 1. Cor. 9. v. 7. Augustin 〈◊〉 Epist. 110. Sezom lib. 6. cap. 32. Hist. eccles Euseb. lib. 7. cap. 26. Nicephor lib. 7. cap. 9. Zanchius de religione Page 176. Uide suprà cap 4 ex Musâ—ulo notato Et infrà cap. 11. ex eodem nota valdè resp ad 2. obuct Zanch. vbi suprà Pag. 274. Calvin in harmon evangel pag. 263. Mat. 26. V. 20. Mar. 14 v. 23. Luc. 22 v. 19. I. cor II 23. exod 12. 18. numb 28. 17. luc 22. 14 mar 14. 18. mat 26 v. 20 Iohn 13. v. 14. 15. Act. 15. v. 29. Vide infrà Cap. 14. membro 7. 1. Reg. 8. 2. par 7. Hest. cap. 3. and cap. 9. 1. mach 4. V. â—9 Ez. 616. Ne. he 12. v. 27. Ioan. 10. v. 22 Caluin in 10 Iohan. Caluin sup 18 mat In my suruey Vide infrà cap. 10. ex Bucero Gal. 4. v. 10. Regula Prima Deut. 4 2. Deut. 5. 32. Ios. 1. 8. Regula Secunda Mat. 15. 9. Coloss. 2. V. 23. Regulatertia 1. Cor. 14. v. 26. 40. Vide infrà cap 14 membro 2. in resp ad 2 obiect ex Zuinglio Vide infrà ca. 9. ex Calvino Beza Supra cap. 4 5. 6. Aug. in epist. ad Ianuar. epist. 118. vide Calu. lib. 4. instit cap. 10. §. 19. August vbisuprà Vide suprà cap. 5. §. 2. ex zanchio nota valdè Rom. 13. Vide Caluin