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A00278 VVhether it be a mortall sinne to transgresse ciuil lawes which be the commaundementes of ciuill magistrates. The iudgement of Philip Melancton in his epitome of morall philosophie. The resolution of D. Hen. Bullinger, and D. Rod. Gualter, of D. Martin Bucer, and D. Peter Martyr, concernyng thapparrel of ministers, and other indifferent thinges. Melanchthon, Philipp, 1497-1560. aut; Bullinger, Heinrich, 1504-1575. aut; Gwalther, Rudolf, 1519-1586. aut; Bucer, Martin, 1491-1551. aut; Parker, Matthew, 1504-1575. Briefe examination for the tyme, of a certaine declaration. aut 1570 (1570) STC 10391.5; ESTC S119567 38,613 108

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twise within these fewe yeres Firste in the yere of our Lorde 1504. beyng violently assaulted more then a moneth together by a valiaunt armie of the Switzers After that of late in the yere of our Lorde 1525. whan the vplandishe people had stirred vp an horrible commotion and had moued sedition generallye throughout all Germanie at what tyme my countreymē remayned in their allegeances towardes their princes And wheras the rebels had assembled out of the landes of Spira Whitenberg on both sides of the towne to spoile th● marchaundize whiche were then to be carried from Franckford into Sweuia becaus● that these rebelles had made the passage daungerous these marchaundizes were left with vs and committed to the fidelitie v●liantnes of our countreymē In this daunge● the fayth courage of my countreymen dy● most manifestly appeare for both those fur●ous rebelles were repelled by force of arme● from the towne those goodes committe● to their custodie were to their great commendation defended agaynst all violence Feare and Honor parteyneth to th● mynde Feare signifieth obedience from the hear● Honor signifieth not onely extern● reuerence but also a reuerence in the consc●ence And here is a difference betwixt Chr●stian men and wicked men For wicked me● do onely feare the ciuill punishmentes an● this feare is soone slypped out of euyll men● heartes but Christian men do truely fear● the magistrate because they feare God an● for that they knowe hym to reuenge all contempt agaynst the magistrate Wycked ●en shewe outwardlye the signes of reue●ence but inwardlye they thynke very yll ●f the magistrates as the Philosophers do ●estifye in their bookes holdyng by disputa●ion that the publique state of gouernement ●s but mere tyrannye But the Christian men do truely geue honor to the magistrate ●nd herein standeth honour to attribute to ●hem power liberalitie wysedome and iu●tice And wheras Christian men be perswa●ed that all power is ordeyned of God and ●hat it is maintayned from God aboue they ●cknowledge that power and thinke that ●hey be bounde to geue place and submit ●hemselues therunto And they also acknow●edge that bounteousnesse because they see ●hat mankinde hath hygh corporal benefites ●y the magistrate that is to say peace de●ēce of their owne life of their wiues of their ●hyldren and quietnesse to seeke for their ly●yng to learne religion and other good sci●nces These be those great benefites such as ●o greater cā be expressed in worldly causes ●or these christian men geue thākes to god ●ecause that he graunteth these thinges by ●he magistrate And agayne of their partie they shewe thankfulnesse towarde the magistrates And whereas they be perswaded that this power is ruled from God aboue that these benefites be geuen from thence they pray to God for the magistrate that he woulde vouchsafe to gouerne him to conserue the publique peace for they know that not onely wicked men but also the deuyll himselfe lay in waight against princes and that without ceasing they practise the destruction of all mankinde Therefore this is the chiefe honor whiche the onely christian man attributeth to the magistrate that is to say Thankes geuing to our God and prayer for the magistrate As Hieremie geueth speciall precept in this cause that the Iewes in their exile would pray for the kyng of Babilon all his whole kingdome And Paul biddeth that we shoulde pray for the magistrate And verily there is no greater or vehementer exercise of fayth amongst so many publique perils than prayer for publique peace And it is our part to vnderstand those peryls and to iudge them to parteyne to our selfe Furthermore the christians attribut● to the magistrates wysedome and iustice that is they do not preferre their priuate iudgementes before the lawes and decrees of the magistrate but obey them Thei quarrell not with them they do not disanull the lawes and this honor is most necessarie to the pulique peace not to vse cauillation agaynst the lawes nor enuiously to interpret thē Moreouer hereto it belōgeth to couer to excuse and to mitigate the ouersightes of the lawes of the magistrates This courteous interpretation as it is necessarie in our priuate cōuersation so much more is it necessarie in publike societie towards the magistrate as it is written Loue beareth al things and loue is the bonde of perfection to preuent all dissolutions of the common wealth Agayne Loue couereth the multitude of sinnes Againe Obei your magistrates though they be rigorous Rude and vnskilfull men are diligētly to be admonished in this that they quarrel not nor chaunge the lawes and publique institutions Father Noe dyd curse his sonne Cham for that he vncouered hym and scorned hym and euen so let them be assured whiche depraue the lawes they which malitiously make the worst of the magistrates ouersightes that they be cursed o● God and shal be punished for this offence for that they geue not due honor to the lawes and magistrates and this slaunderous reprehension of lawes ought the rather to be eschewed because it bringeth foorth horribl● commotions in the common wealth As Xenophon prudently sayth Al innouatiōs in the cōmon wealth to be very daungerous And Plato saith As a man ought not to vse any violence to his father beyng in dotage so lykewyse should there no extremitie be shewed to the coūtrey in their weakenes For it is impossible that great alterations in common wealthes shoulde be ended without manslaughter Howbeit when the magistrate doth commaunde that we shoulde our selues do any thyng agaynst the precept of God obedienc● is not to be geuen but in this case the rule is to be folowed VVe ought to obey god more than men To the reuerende fathers in Christe D. Rob. Horne Bishop of VVinchester D. Ed. Grindal Bishop of London D. Ioh. Parcuste B. of Norwiche his honorable Lordes and most deare brethren in Englande RYght reuerende honorable Lordes and dearely beloued brethren the Lorde Iesus blesse you and preserue you from all euyll We send● you here our opinion concerning matters of apparrell written to our worshipfull frende maister N. and maister M. those godly and learned men And for that cause we sende it vnto you that you might vnderstande we deale not with our brethren priuily without your knowledge who are the principall and cheefe ministers and that so muche as in vs lyeth we seeke the vnitie and concorde of your congregations in all respectes And we heartely beseeche almightie God to haue a speciall regarde of your estate and to continue you in one consent an● vnitie We earnestly exhort you ryght honorable and deare brethren to be carefull fo● those faythfull ministers and learned men for they haue commōly their affections Fo● which cause the apostle warneth vs that on● helpe to beare anothers burthen You ma● by your aucthoritie do very muche with th● most noble Lady your Queene bryng it the●fore to passe with her Maiestie that our goo● brethren may be reconciled
VVhether it be mortall sinne to transgresse ciuil lawes which be the commaundementes of ciuill Magistrates The iudgement of Philip Melancton in his Epitome of morall Philosophie The resolution of D. Hen. Bullinger and D. Rod. Gualter of D. Martin Bucer and D. Peter Martyr concernyng thapparrel of Ministers and other indifferent thinges Whether it be mortall sinne to transgresse Ciuil lawes whiche be the commaundementes of Ciuill Magistrates MOrall vertue requireth not onlye to restraigne outwardly the handes and to rule externall actions but also it requireth in the minde a deliberatiō and an intent of counsayle It also requireth a mynde inured to holde in all braydes to vse a certayne moderation to deliberate These two thynges are truely required to vertues and youth must be trayned vp to vnderstande the force and nature of eyther of them Deliberation or aduisement must seke out and vnderstande the causes and reasons of al actiōs which as it were with a bridle drawe backe the furious mind into the right way and shewe what is to be done But morall is called that facilitie of the mynde or equabilitie moderation and stay wherwith it can restraigne it self vntyl that it be well aduised of the matter to do that whiche is most ryght with a certayne pleasure Seyng then it is nedeful to vnderstand the causes of honest actions it is not inough to knowe the lawes but it is most necessarie to the perfourmance of morall vertue to know what the aucthoritie of the lawes be howe farre it is nedefull to obey them The minde beyng with this doctrine established shall both thinke more honorablye of the lawes also vnderstande howe farre foorth it muste obey This iudgement of the aucthoritie of lawes parteyneth to morall vertue Fyrst I aunswere that to breake ciui●● lawes or the preceptes of ciuill Magistrates is mortall sinne though there be no matter of offence for Paul sayth playnely that we must needes obey not for feare of vengeance onlye but also because of conscience that is that we not only feare ciuill punishment but also know that our conscience is made gilty yf we do not obey Nowe it is the part of a good mynd to consyder how great this band of obedience and common quietnes is which God also requireth that we obey lawes and Magistrates And yf we obey not he sayth that he wyll reuenge it And God truely punisheth both in this lyfe also after this life as the fourth precept speaketh of punishments in this lyfe If thou wilt liue long vpon earth c. for that precept geueth charge of obedience that we obey not only our parentes but also all them to whom our parentes do geue their aucthoritie to wit the magistrates And therefore many other sentences in the scripture speake of the punishmentes that shal be suffered in this lyfe Feare God and the kyng and haue no felowship with the seditious for their destruction shal come sodenly And Christ saith He whiche taketh the sworde in hande shall perishe with the sworde for to take a sworde in hande signifieth to take vp the sworde forbidden by the lawes and the Magistrates that is to be seditious and to disobey the present Magistrates And the examples set out in the scriptures do not only shewe this but also the histories of all ages that murderers theefes periured persons vniust iudges seditious and tyrauntes are for the most part punished by God in this lyfe This I say vnto this ende that we may knowe howe that God requireth this discipline to kepe men ●●awe with feare of punishment This feare encreaseth reuerence toward ●he lawes and causeth some moralitie in our myndes when as it brydleth as it were our lustes and inureth them to obedience And there is no doubt but that many greuous chaunces are punishments of this barbarous libertie whiche many take vppon them and wil not be ruled by the aucthoritie of the superiours For the law of God erreth not which saith Honor thy father mother if thou wilt liue lōg vpō earth Besides that there is more reuerence in our mindes when as we beleue that the breache of the lawes is punished with eternall tormentes after this lyfe except we do repent This sentence touching the precepts of magistrates must wisely be vnderstand namely of those preceptes which byd vs not to do agaynst the cōmaundementes of god We must also consyder whether it be wantonnes in them which disobey or whether some causes happen which haue some excuse The differēce which Gerson vseth lyketh me who discerneth lawes saying That some are made for necessitie such as serue for cōmon quietnes as of theft murder mariages diuiding of inheritaunces tributes warfare iudgements and such like Some are not made so much for necessitie as for comlynesse as it is prouided that a womā marry not before she haue left mourning for her former husband This difference liketh me not only because reason breadeth sundry bondes but rather because the mynde of the magistrate is euident which in the former matters simply requireth obedience in other lighter matters it doth not so exacte it The mynde of the lawemaker must be consydered howe farre he wyll binde yet in these lyghter thinges there may be no wantonnesse contempt of aucthoritie for it is an euyll example But it is profitable as well for discipline as the quietnesse of the common wealth so to accustome our myndes that euen in trifles they may regard the aucthoritie of the lawes And this we must knowe that we lyue not to our selues but to the common wealth We must therfore take heede that our examples be no publike hurt The same doth Plato most grauely wryte in his fift booke of lawes that he is the best and most worthy citizen which accounteth not triumphes or any victories to be the chiefest renowme in the citie but to excell others in diligent obeying of the lawes But here the question is asked whether the like iudgemēt be of Ecclesiastical ceremonies which by the aucthoritie of man are ordayned I answer that herein this rule must be obserued that in case of offence it is sinne to breake them but no offence beyng geuen they may be broken without mortall synne For it is nedefull to kepe this doctrine that such ceremonies are thynges indifferent not necessary for righteousnes before god as it is indifferent to weare a gowne or a cloke c. This rule of Paul is profitable both to common peace and the quietnesse of our consciences for it cōserueth publike rites ●t biddeth to beware of offences cōmon tumultes and publike disturbing of orders Agayne it deliuereth the conscience from many superstitious opinions and horrible crueltie for yf good myndes do thinke that the obseruyng of such orders is necessarie no cause of offence beyng it wylbe a harde bondage In so great a number of rytes howe ofte shal our cōsciences fal sometime in fastings in rehearsyng of prayers in kepyng of holydayes or suche like