Patriarches together with the Synodes from whom there could be no appeale but onely vnto a Generall Councell This kinde of gouernment some called a Hierarchie a name improper and not vsed in the Scriptures as I thinke For the holy Ghost would not haue vs to dreame of any dominion or rule when question is made of Church gouernment But omitting the name if we consider the thing it selfe we shall find that these old Bishops would not frame any other kind of gouernment in the Church then that which God prescribed in his word Thus writeth Maister Caluin of the antiquitie of degrees and superioritie amongst the Ministers of the Church Which whosoeuer shall ponder seriously all partialitie set apart together with the constitutions testimonie and approbation of the most sacred and renowned generall Councel of Nice which Councel was euer to this day highly reuerenced throughout the Christian world that man doubtlesse cannot but approoue and allowe our Bishops and Arch-bishops with their names and authorities this day established in the godly setled gouernment of the Church of England For first Maister Caluin graunteth willingly the truth it self plainly leading him thereunto that in the time of the famous Councell of Nice there were both Arch-bishops and Patriarches Secondly that that patriarches were in order dignitie aboue the Arch-bishops and consequently that there was euen then viz. aboue one thousand two hundred and fortie yeares agoe superioritie Episcopall Archiepiscopall and Patriarchall among the ministers of the Church one minister hauing iurisdiction ouer and vpon an other More then which doubtlesse our Bishops and Arch-bishops doe not this day challenge in our Church of noble England Thirdly that this superioritie and dignitie among Ministers was ordained for the preseruation of discipline in the Church and consequently that as it was then godly conuenient and necessarie for the Church so is it this day in our Church of England Fourthly that the kinde of gouernment by Arch-bishops and Patriarches was agreeable to that forme of gouernment which God prescribed in his word This is a point of great moment which may not bee forgotten To which I also adde which the Reader must obserue seriously with mee that the Councell of Nice telleth vs plainely that this superioritie of one Minister aboue and ouer an other which the Brownists cannot endure was not then first appointed but had beene time out of minde by an auncient custome of the church which the Councell confirmed and established by her decree But how doe I proue it doubtlesse by the expresse wordes of the Councell For the Councell in the sixt Cannon hath these wordes Mos antiquus perduret Let the olde custome continue And in the seuenth cannon it hath these wordes Quoniam mos antiquus obtinuit vetusta traditio Because an olde custome and auncient tradition hath preuailed c. Which olde custome had beene in the Church euen from Saint Marke the Euangelist and from Saint Timothy and Saint Titus as is already prooued And if any one will yet bee obstinate and denie that this olde custome whereof the holy and auncient Councell speaketh beganne in the Apostles time let that man or those persons which so shall say or affirme name the time before the Nicene Councell when Archbishops and Patriarches first beganne And if any man can this performe I promise to bee of his opinion If otherwise both reason and true humilitie would aduise that man and those persons who shall so say or thinke to yeelde all due obedience to their superiours and willingly to subscribe vnto the truth Which doubtlesse they will doe that heretofore haue refused to embrace the ceremonies of our English Church if this Text of the Gospell bee not truly verified in them for they loued the praise of men more then the praise of God But howe is this possible I will vnfold the case Gentle Reader protesting that I doe it of charitie and for edification sake The truth I will plainly and sincerely set downe concealing the parties name because I loue the man and haue regard vnto his credite Talking with a Preacher of mine acquaintance a man otherwise both godly learned and of singular gifts concerning the cannons of Anno. 1604. and the kinde of gouernment of this our English Church when hee seemed to mee to haue nothing of moment to say against the same hee answered mee thus that hee would neither loose his liuing nor weare the surplesse nor yet make the signe of the crosse in the childs forhead And when I demaunded how that could bee hee answered that hee would keepe one to doe it but not doe it himselfe When I replied that hee might as lawfully doe it himselfe as procure an other to doe it hee vttered these wordes How can I doe that against which I haue so often preached I proceeded and told him as a friend that his refusall seemed to tast of the spirit of the proude Pharise and not of the humble Publican c. Well I hope the partie wil be obedieÌ„t But certes I thought afore that all their proceedings had been of meere conscience which now I perceiue to be of pride in a great many of them through which manner of dealing I wil not say hypocrisie the simple sort become disobedient and are deepely drowned in errour and our Church pitifully turmoyled with schismes dissention The godly learned and zealous Patron of pure religion maister Bucer deriueth the superioritie of Arch-bishops euen from the Apostles themselues These are his expresse words I am ex perpetua ecclesiarum observations abipsis apostolis videmus visum hoc esse spiritu sancto vt inter presbyteros quibus ecclesiarum procuratio potissimùm est commissa vnus ecclesiarum totius sacriministerij curam gerat singulareÌ„ eaque cura solicitudine cunctis praeerat alijâ— Qua de causa episcopi nomen huiusmodi summis ecclesiarum cur atoribus est peculiaritèr attributum Now we see by the perpetuall obseruation of churches euen from the Apostles themselues that it pleased the holy Ghost that among the ministers to whom especially the gouernment of the church is committed one should haue the chiefe care both of the churches and the whole sacred ministery that he in that care and sollicitued should be aboue al the rest for which cause the name of Bishop is peculiarly giuen to such chiefe gouernours of churches Thus writeth maister Bucer Out of whose words I note first that the superioritie of Arch-bishops and bishops proceedeth from the holy Ghost Secondly that this superioritie was euer in the church eueÌ„ from the Apostles The same author hath in that same Chap. much more matter to the same effect The famous doctor zealous christian Hieronymie Zanchis us in the coÌ„fessioÌ„ of his faith granteth freely that there were Arch-bishops Metropolitans and Patriarches before the Nicene Councel These are his words Cum hanc coÌ„sâ—riberem fidei confessioneÌ„ omnia ex bona
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
they did not loue for that such light diuorcement was onely permitted but neyther by God not by Moses approued I will demonstrate by these important and insolluble reasons First because these are Christes owne wordes Moses because of the hardenesse of your heartes suffered you to put away your wiues but froÌ„ the beginning it was not so Secondly because the mariage was indeed after suchlight diuource vnlawfull by the law For thus writeth Saint Paul know yee not Brethren for I speak to them that know the Law that the law hath dominioÌ„ ouer the maÌ„ as long as he liueth for the womaÌ„ which is in subiection to a maÌ„ is bound by the Law to the MaÌ„ while hee liueth but if the man be di ade shee is deliuered from the law of the man So then if while the man liueth shee take an other maÌ„ she shal be called an adulteresse Out of these words I note first that marriage cannot bee dissolued during the life of the former husband I note secondly that this was so euen in Moses law because Saint Paul saith hee speaketh to them that knew the law I note thirdly that to be married after diuorce for a light cause during the life of the former husband is plaine flat adulterie I therefore conclude that to tollerate sinne vnpunished vpon good cause is no sin at all This mine assertion of diuorcement is not onely grounded vpon the Scriptures but also confirmed by the holy fathers and best approued writers of this our age The 4. Reason We haue many examples in the holy scriptures of blessed meÌ„ that often pardoned Malefactors to this day were neuer reproued for the same King Dauid pardoned wicked Nabal at the peticion of his vertuous wife Abigal The same king Dauid pardoÌ„ed Abner who rebelled against him for the house of Saul The self same king tolerated Ioab in his naughtie dealings albeit he was more then a little offended with his manners The same king tolerated cursed Shemei thogh he coÌ„manded his son Salomon to do execution on theÌ„ both after that him selfe was dead The holy Patriarch Iacob did not punnish his sonnes Simcon and Leuie with death for their cruell murder done vpon the Sechemites though he had plaine regall and supreame authoritie ouer theÌ„ S. Austen did verie often intreate the Emperours most earnestly and humbly not onely to pardon heretickes but also the Circumcellions most naughtie people and cruell murderers The blessed virgin Mary was found to bee with child by the holy Ghost befor S. Ioseph shee came together Whereupon Ioseph because he was a iust man and would not put her to open shame was minded to put her away priuily thus reporteth holy writ Out of which wordes I note first that Ioseph knew the holy virgin to be with childe Secondly that he knew him selfe not to be the father of the childe Thirdly that Ioseph knew no other but that Mary his wife was an adultresse Fourthly that he thoght to haue put her a way secretly so to keepe her from shame punishment Fiftly that Ioseph was euen then deemed iust when the sought and thought to keepe her from shame although in his iudgement she deserued death by the law Yea S. Paul him selfe made intercession to Philemon for his seruant One simus though he had beene a vagabond and theuish fellow The first obiection No inferiour hath power to alter the law of his superiour and consequently man cannot pardon or tolerate malefactors whoÌ„ god appointeth to be punished The answer I answer first that precepts deliuered to vs in holy writ are of two sorts Some affirmatiue other some negatiue The negatiue bind vs at all times euery houre and in euery place but the affirmatiue thogh they be very apt to bind yet doe they not actually bind vs saue then onely when the due circumstances of times places and persons occurre hereupon it commeth that it is neuer lawfull to steale neuer lawful to commit addultery neuer lawfull to beare false witnes neither at any time nor in anie place the reason hereof is this because these precepts be negatiue This notwithstanding it is sometime lawfull to omit the precepts affirmatiue For exaÌ„ple it is necessary vnto saluatioÌ„ to mak confession of our faith and yet we doe and may often omit the same for that it is an affirmatiue precept And therfore Christ willeth vs not to giue that which is holy to dogs neither to cast our pearles before swine leaste they trâ—ad theÌ„ vnder their feete and turne againe al to rentus But wee are then bound to confesse our faith when either it tendeth to the glorie of God or to the good of our neighbour so that if such confession were not then made either god should be dishonoured or our neighbour scandalized So it is Gods coÌ„mandemeÌ„t to giue him thy cloake that will sue the at the law and take away thy caate yet maiest thou at sundry times for sundry respects denie him both thy coate and thy cloake So it is Gods commaundement to go with him myles twaine that will compell the to goe one and yet maiest thou sundrie times denie lawfully to goe with him either more or lesse so it is Gods commaundement neuer to turne away froÌ„ him that would borrow money of the or any other goods and yet maiest thou sundry times for sundry respects denie to lend either thy mony or other things All which and other the like haue this onely ground and foundation vz. That they are precepts affirmatiue which neither bind at all times nor yet in all places For precepts affirmatiue to vse schoole-tearmes obligant semper sed non ad semper Secondly that the ciuill magistrate had authoritie to mitigate many punishmeÌ„ts ordained for malefactors euen in the time of the old testameÌ„t For thogh he were appointed to punish them that vsed false weights and measures yet was that punishment to be determined according to the quantitie and qualitie of his trespasse The partie that was worthy to be beaten receiued many or few stripes at the descretioÌ„ of the magistrate M. Caluin a most zealous patron of pure religion hath these expresse words Impunè quidem vt liceat statui potest sicut in arbitio Principis est panas remittere Verum vt vitiosum non sit quod vitiosum esse natura dictat nullus legislator efficiet A law may be made that he which doth it shall not be punished euen as it is in the princes pleasure to pardon and releasse the punishment But that that be not sinfull which nature it selfe sheweth to be sinfull no law maker can effect or bring to passe Thus writeth this learned man granting freely as we see that the magistrate may sometime vpon good causes tolerate those sinnes vnpunished which gods law doth sharply reproue and speake against where the reader must obserue
episcopus antequam diabeli iâ—stinctu studia in religiene sierent diceretur in populis ego sum Peuli ego Apolio ego verò Cephae communi presbytererum 〈◊〉 ecclesiae gubernabantur Postquam verò vnusquisque eos quoâ— baptizaverat suos putabat esse non Christian toto orbe accrâ—â—um est vt vâ—usde presbyteris euctus svperponeretur caeteris ad quem omnis ecclesiae cura pertineret sâ—â—iâ—matum scmina tellereâ—tur An Elder and a Bishop are all one and before dissention by the diuels procurement arose in the Church and the people began to say I am of Paul I of Apolle and I of Cophas the churches were gouerned by the common consent of the Pastorall Elders Ministers or Priests But after that euery one did thinke those to be his and not Christs whom he had baptized it was decreed throughout the whole world that one of the ministers or Priest should bee chosen and set ouer the rest to whom the whole care of the Church should appertaine that the seeds of schisme might be taken away Out of these plaine aslertions of this holy learned and auncient father I obserue first that in the very beginning of the primitiue church al the ministers were equal in degree and did gouerne the church with a general coÌ„mon consent Secondly that in very short time the diuell raised vp such dissention in the church that it was thought meete to alter the kind of gouernment to set one minister ouer the rest Thirdly that this was done to take away schisme Fourthly that this alteratioÌ„ was made euen in the Apostles dayes viz. wheÌ„ one said he held of Paul an other he held of Peter an other he held of Apollo at what time S. Marke the Euangelist was made the Bishop of Alexandria Fiftly that this superioritie among the ministers of the church was decreed by a settled lawe throughout the whole world S. Irenaeus hath these wordes Omnes n. hij valaë posteriores sunt quam episcopi quibus Apostoli tradiderunt ecclesias For all these come farre after Bishops to whom the Apostles committed the charge of churches Maister Zuinglius a famous and zealous defender of the Gospell is wholy consonant to these holy and ancient Fathers His wordes shall be set downe at large when I come to the ordering of Ministers Saint Timothy and S. Titus had superioritie ouer all other Ministers both at Ephesus and at Creta and consequently they were made Arch-bishops by Saint Paul himselfe This is constantly affirmed both by Saint Crysostome Theodoritus Oecumenius and many other famous writers Saint Chrysostome hath these expresse wordes Vnus ex Pauls socijâ— hic fuit vir probatus nequeâ—n profectò ills integram insulam permisisset neque ea quae aeerant praecepisset imâ—lenda tam multorum episcoporum iudicium commisisset nisi multùmilli confideret This worthy man was one of S. Pauls fellowes for doubtlesse he would neuer haue committed one whole Iland vnto him neither haue commanded things wanting to be accomplished nor yet haue coÌ„mitted the iudgemeÌ„t of so many Bishops vnto him vnlesse he had had great confidence in him Thus writeth this holy learned and ancient father touching the superioritie of Titus Of Timotheus the same father writeth thus Quaeri mevitò potest quomodo Timotheum adse vocet cui ecclesiae gentisque totius crediderat gubernacula It may worthily be demaunded how hee calleth Timothy vnto him to whom he had committed the gouernment of the Church and of the whole nation Marke well these wordes gentis totius of the whole nation and these wordes likewise integram insulam the whole Iland and these wordes withall Muitorum episcoporum iudicium the iudgement of many Bishops For out of the said wordes it is cleerely and euidently deduced that both Timotheus and Titus were Arch-bishops in Saint Paules time the one hauing iurisdiction ouer all Asia the other ouer all Creta two great and large countries Illyricus a very famous late writer and a most worthy defender of Christian truth iumpeth with S. Chrysostome in his iudgement and opinion These are his expresse words Harum autem tres priores scriptae ad duos praestantes doctores plurimarumque ecclesiarum episcopos Timotheum Titum potissimùm informant episcopum aut superintendentem per cum etiam totam ecclesiam ab ipso gubernandam ac instruâ—ndam But the three former of these written to two excellent Doctors and Bishops of many churches Timotheus and Titus doe specially informe a Bishop or superintendent and by him the whole Church also which must be gouerned and instructed by him Loe here gentle Reader Timothie and Titus were Arch bishops that is to say the Bishops of many Churches I here let passe the wordes of Theodoretus Oecumentus and others in regard of breuitie Saint Cyprian that holy learned and auncient Father who liued aboue one thousand and three hundred yeares agoe was not only the Bishop of the famous citie of Carthage but he had also the gouernment both of Numidia and of Mauritania two goodly regions in Affrica So doth S. Cyprian himselfe write of himselfe and therefore the storie is of good credite Many Councels of Nice Antioch Carthage Mileuitane Chaicâ—doâ— and others make mention of Arch-bishops Metropolitans Primate and Patriarches It shall suffice in regard of breuitie to relate onely master Calnius testimonie of the famous Councel of Nice These are maister Caluins expresse words Quod autem singulae provinciae vnum habebant inter episcopos archiepiscopum quod item in Nicaena synodo constituti sunt patriarchae quiessent ordine dignitate archiepitscopis superiores id ad aâ—sâ—iplinae conservationem pertinebat Quanquam in hac disputatione praeteriri non potest quod rarissimi erat vsus Ob hanc igitur causam potissimum iustituti sunt illi gradus vt si quid in ecclesia qualibet incideret quod non posset bene a paâ—cis expediri ad synodum provincialem referretur Siâ—nagnitudo aut difficultas causae maiorcÌ„ quoque discussioâ—â—◠〈◊〉 adâ—iâ—ebantur patriarchae vaa cum synodis a qubuâ— esset provocatio nisi ad vniversaie concilium 〈◊〉 sic constitutam non ulli Hierarchâ—am vocaruÌ„t nomine 〈…〉 improprio â—erè 〈…〉 veteres episcâ—pos non aliam regendae ecelesiae formam volnisse fingere ab ea quam deus verbo suo praescripsit That euery prouince had an Arch-bishop among their Bishops and that the Councell of Nice did appoint Patriarches which should be in order and dignitie aboue Arch-bishops it was done for the preseruation of discipline Although in this discourse wee may not forget that it was a thing of very rare vse For this cause therefore were those degrees especially appointed that if any thing should happen in any particular church which could not there be decided the same might be referred to a general Synod If the greatnesse or difficultie of the cause required yet greater consultation then were added
to the Arch-bishop of Canterburie ouer the other Bishops and Ministers in England Now for aunswere to the other part of the obiection touching high Commissioners Iustices of Peace and Quorum I haue referued the next Chapter CHAP. VI. Of civill offices in Ecclesiasticall persons THe authoritie in ciuill matters committed to the ministers of the Church is not made a thing intrinsically incideÌ„t to the ministerie or as a part thereof but it is coÌ„mitted to them by the Prince whom his subiects are not to limit what persons he shall vse in counsell or to whom hee shall commit the execution of his lawes and it is added to their ministerie as profitable and necessarie for the present state and good of the Church Which good to bee procured by that meanes rather then by any other imployment besides it may appeare both by experience and practise By experience for that wee see those Kingdomes Princes and people most blessed of God where learned and godly Bishops haue beene receiued into the Princes Counsell By practise because I haue both heard and read that maister Caluin and maister Beza were admitted to be Counsellours of the seate at Geneua being thought sit men for that place Who doubtlesse would neuer haue yeelded thereunto if they had thought it a thing either vnlawfull in it selfe or incompatible to their function No no it is neither vngodly nor yet vnseemely for a Minister to come from the Pulpit to the correction of vice sinne and wickednesse But contrariwise it is so godly so comely and so necessarie that it euer hath beene vsuall both in the Lawe of nature in the Lawe of Moses and in the Lawe of grace for First in the lawe of nature Melchisedech was both King and Priest So reporteth holy Moses in his booke of Genèsis and Saint Paul to the Hebrewes And Saint Hierome telleth vs that all the eldest sonnes of the holy Patriarches were both Kings and Priests Aiunt hunc esse Sem filium Noe supputantes annos vitae ipsius ostendunt eum ad Isaac vsque vixisse omnesque primogenitos Noe donec sacerdotio fungeretur Aaron fuisse pontifices The Hebrewes saith Saint Hierome affirme this Melchisadech to bee Sem the sonne of Noah and reckoning the yeeres of his life they shewe vs that he liued vntill Isaac and that all the first begotten of Noah vntill Aarons Priest-hood began were Bishops Yea whosoeuer will denie that Noah Abraham Isaac Iacob and others did rule ouer those who were committed to their charge as wel in ecclesiasticall as ciuill causes they may truly be said to knowe nothing in the scriptures Secondly in the Lawe of Moses Moses himselfe was both the ciuill Magistrate and a Priest For Moses iudged the people from morning vnto euen Hee put the Malefactors to death who had committed Idolatry Hee consecrated Aaron and his sonnes and burnt sweet incense on the golden Altar Heli was both the high Priest and iudge of the people for the space of 40 yeares together Samuel likewise was both a Priest and iudge ouer the people for the space of 30. yeares together The good king Iosaphat made the Priests iudges both in ecclesiastical and ciuil causes And after the captiuitie of the Iewes the Machabees were rulers aswel in ciuil as in ecclesiastical causes Read the books of the Machabees Iosephus Egesippus and this truth will soone appeare But what neede many words in a case so cleere and euident God himselfe made a general law that the priests the ciuil magistrate shuld iontly determine iudge and decide all controuersies These are the expresse wordes of the Law if there rise a matter too hard for thee in iudgement betweene boold and blood betweene plea and plea betweene plague and plague in the matters of controuersie within thy gates then shalt thou arise and goe vnto the place which the Lord thy God shall chuse And thou shalt come to the Priestes of the Levites to the iudge that shall be in those dayes and aske and they shall shewe thee the sentence of iudgement These wordes are so plaine as all interpretation may be thought needlesse Thirdly in the Gospell and newe Testament wee haue a pluralitie of examples in this behalfe S. Paul when he made his abode at Corinthus with Aquila and Prescilla whom Claudius the Emperour had driuen from Rome he wrought with his hands being of the same craft with them and made tents as they did S. Augustine thought it a thing so lawfull for a Bishop to be iudge in causes Ecclesiasticall that I wonder how any man hearing or reading his owne words can any longer stand in doubt thereof Thus doth he write Quis plantat vineam de fructu eius non edit Quis pascit gregem de lacte gregis non percipit Tamen Dominum Iesum in cuius nomine securus haec dico testem invoco super animam meam quoniam quantum attinet ad meum coÌ„modum multo mallem per singulos dies certis horis quantum in bene moderatis monasterijs constitutum est aliquid manibus operari caeteras horas babere ad legenduÌ„ orandum aut aliquid de divinis litteris agendum liberas quam tumultuosissimas perplexitates causar uÌ„alienarum patide negotijs secularibus vel iudicando dirimendis vel interveniendo praecidendis quibus nos molestijs idem affixit Apostolus non vtique suo sed eius qui in eo loquâ—batur arbitrio quam tamen ipsum perpessum fuisse non legimus Aliter n. se habebat apostolatus eius discursus Sequitur quem tamen laborem non sine consolatione domini suscipimus prospe vitae aeternae vt fructum seramus cum tolerantia Servi n sumus cius Ecclesiae maxime infirmioribus membris quanta libet in eodem corpore membra sumus Omitto alias innumerabiles ecclesiasticas curas quat for tasse nemo credit nisi qui expertus est Non ergo alligamui onera gravia humeris vestris imponimus quae nos digito non attingimus quandoquidem si officil nostri sarva ratione possemus videt ille qui probat corda nostra mallemus haee agere quae vt agatis hortamur quà m ea quae non agere cogimur Who planteth a vineyard and eateth not of the fruite thereof who seedeth a flocke and receiueth not of the milke of the flocke Yet I call the Lord Iesus to witnesse vpon my soule in whose name I boldly vtter these words that touching mine owne commoditie I had much rather euery day to worke some thing with mine hands as it is appointed in well gouerned Monasteries and to haue the houres free to read and to pray and to doe some exercise in the holy Scriptures then to suffer the tumultuous perplexities of other mens causes touching secular affaires either in determining theÌ„ by iudging or in cutting theÌ„ off by intreating to which molestations the Apostle hath tyed vs not by
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
But the ceremoniall part was ordained to prefigure the ministerie of Christ then to come and the iudiciall part was semblably appointed for the conseruation of iustice among the Iewes And consequently as they both pertained to that time and that people onely so were they both expired by the aduent of our Lord Iesus This Saint Paul teacheth to be so where he telleth vs that the Priest-hood being translated the Lawe must also of necessitie haue a change Hence commeth it first that where one could not by that Law be condemned vpon the testimonie of one man but of two at the least hee may this day bee condemned lawfully vpon one mans oath where the Lawe of the Realme doth so appoint Where I cannot but greatly admire them who seeme to condemne such Lawes by vertue of the iudiciall Lawe of Moses For the morall part onely being now in force the other can haue no place But the morall and naturall part marke well my wordes doth onely require this viz. that great care and circumspection be had in iudgement and that none bee condemned vniustly Touching the number of witnesses the Lawe of nature is silent and leaueth that point as Arbitrarie to the of man Hence commeth it Secondly that blasphemers adulterers such like malefactors are this day suffered to liue in many Christian kingdomes and that thing is permitted without any trangression of Gods lawe in that behalfe For the Lawe of nature doth onely require this viz. that sinne be so punished as standeth best with the peaceable gouernment of the common-weale Touching the quantitie and kind of punishment it saith nothing at all Hence commeth it Thirdly that the intailing of lands is lawfull this day among Christians although some haue more audaciously then wisely auouched the contratie in open Pulpit It is therefore most prudently and right Christianly prouided in the Cannos of Anno. 1604. that none shall bee permitted to Preach without Licence Hence commeth it Fourthly that the true owners may for good causes and considerations lawfully sell their landes and inheritance and others lawfully buy the same howsoeuer some without all testimonie of Scriptures Councels or Fathers doe peremptorily Preach against the same I will for charitie sake heere conceale what to my griefe and the scandall of many hath out of open Pulpit sounded in mine eares Hence coÌ„meth it fiftly that Fathers may giue their lands lawfully to any of their children either to the yongest or to any of the rest or to the Church Hospitals kinstolkes or meere stran gers so it be done for good respects and godly considerations for the Law of nature requireth no more of Parents concerning Goods lands and possessions but this onely thing that they bring vp all their children in true faith holy feare and humble obedience and prouide competently for their honest mainteinance and sustentation If any shal hold the contrarie hee will giue occasion to set all the land together by the eares Hence coÌ„meth it Sixtly that sundry customes in this land viz. where brethren inherite together as sisters at the common lawe and the youngest sonne before the eldest are not vnlawfull the like may be saide of many other points in the iudiciall Lawe and to this present obiection For the naturall part of this iudiciall Lawe doth onely require this of vs viz. that we keepe our selues from Idolatry and from doing any honour or worship to the same Maister Caluin doth not dissent from this mine exposition concerning the text alledged in the obiection These are his expresse words Quamvis autem politicum hoc fuerit praeceptum tantum veters populo ad tempus datum ex co tamen colligimus quám detestabilis sit idolatria quae ipsa etiam dei opera sua soeditate inficit Although this were a politicall precept and giuen onely to the Iewes for a time yet may we gather therof how detestable a thing Idolatry is which with the silth thereof infecteth the very workes of God Loe this precept was onely giuen to the Iewish people and endured but for that time and so as it is iudicial it doth not this day touch vs that be Christians at all Maister Musculus iumpeth with M. Caluin for the truth of this question These are his expresse wordes Hactenus ostendimus abrogandam fuisse legem Mosaicam per adventum Christs nova legis introductionem iam consequentèr videnduÌ„ est quatenus sit abrogat Sequitur quaernÌ„t an tota sit abrogata respondemus si totus Moses cessit Christo vtique tota illius lex cessit legi Christi Hitherto we haue shewed that the Law of Moses must be abrogated by Christs aduent by the introduction of the new law Now we haue to consider consequently in what sort it is abrogated The question is asked if it be wholy abrogated or onely in part we answere that seeing Moses himselfe gaue place wholy vnto Christ the Lawe doubtlesse of Moses must likewise giue place wholy to the Law of Christ. The Reply But maister Caluin saith plainly that Idolatry infecteth the very workes of God with the filth thereof Therefore things once applied to Popish superstition and Idolatrie can neuer thenceforth be lawfully vsed The Answere I haue proued alreadie out of M. Caluins own wordes that we may vse things lawfully which haue bin abused to Idolatrie as Temples Pulpits and such like Neither doth maister Caluin say here that such things are polluted in themselues but that they are so called in respect of the people so to terrifie them the more from Idolatry For these are his wordes immediately going afore Respondendum est anrum vel argentum impio abusu minimè fuisse vitiatum sed quamvis omns macula in se careret populi respectu fuisse poliutum Talis suit animalium immundities non quod in se quiâ—quam baberent inquinamenti sed quoniam deus eorum esu inter dixerat I answere that the gold or mony was not defiled with the impious abuse thereof but albeit it was without all blemish in it selfe yet in respect of the people it was polluted Such was the vncleannesse of the beasts in the lawe not for that they had any pollution in themselues but because God had forbidden to eate them Loe M. Caluin granteth freely that they are still indifferent in their owne nature as they were afore The 3. Obiection There is no order in them but confusion no comelinesse but deformitie no obedience but flat contempt of God and his word The Answere I answere first that I haue alreadie proued sufficiently that there is grauitie modesttie and comelinesse in the apparell of our Ministers and that as well in their common life as in the time of their ministration Secondly that it is not euery priuate mans part to define decide and appoint what is order and comelinesse in things in different and the external gouernment of the Church but that pertaineth to them onely to whom God hath
committed the managing of his house Which point is likewise proued aboundantly in the Chapters aforegoing The 4. Aphorisme of ceremonies vsed id Wed. locke or marriage IN the solemnization of Matrimonie two things are much reproued viz the Ring and the simbolicall signification To the former I answere that seeing Wed-locke is a vassible ciuill contract there is great reason that it should be assured with some ciuill permanent and externall signe Hereupon the Church which hath authoritie to ordaine ceremonies as is alreadie proued doth appoint a round Ring as a ceremonie best beseeming such a contract For the Ring being round and without end in it selfe is very fit and meete to signifie to the married couple that they ought to be ioyned in the perpetual band of loue the one to the other To the latter I answere semblahly that S. Paul may as iustly be reproued therein as the Church of England For after he hath discoursed at large of the high misterie of matrimonie assuming the husband and the wife to be one flesh hee foorthwith addeth that hee speaketh of the great misterie betweene Christ and his Church Which symbolicall signification â—s approued by Saint Austin S. Chysostome S. Ambrose S. Hierome and many others It shall suffice in this so cleere a case to alleage S. Ambrose his words for all the rest Thus doth bee write Mysterij Sacramentum grande in vnitate viri ac foeminae esse signifiâ—at sed aliam causam quae non discordet a memorato mysterio flagitat quam scit ad prosectum humani generis pertinere hoc est ecclesiae salvatoris vt sicut relictis parentibus home vxori suae adhaerdt it a relicto omni errore ecclesia adhaereat subijciatur capiti suo quod est Christus He signifieth that there is a great mysterie in the vnitie of the wife and her husband Neither doth hee reveale this onely but he also requireth an other cause which differeth not from the said mysterie which hee knoweth to appertaine to the profit of mankinde that is of the Church and of our Saviour That as man forsaking his parents adhaereth to his wife so the Church leauing all errour must adhaere and be subiect to her head which is Christ. M Bucer approveth and highly commendeth euery ceremonie which our church vseth coÌ„cerning holy wedlock Hieronimus Zanchius a most zealous and learned writer singeth the same song with Saint Ambrose These are his words Talis fuit eductio Evae ex latere Adae dormientis Item coniunctio Evae cum Adamo in matrimonium Res in se fuit visibilis sub sensum cadens sed aliam occultam representabat eductionem creationem ecclesiae ex latere Christi in cruco mortui vnionem ecclesiae cum Christo. Such was the eduction of Eve out of the side of Adam when he was a sleepe So also was the coniunction of Eve with Adam in the matrimoniall contract the thing in it selfe was visible and subiect to our sence but it did represent another secret thing euen the eduction and creation of the Church out of Christes side being dead vppon the Crosse and the vnion of the Church with Christ. The fift Aphorisme of the Symbolicall signe vsed in the confirmation of Children IT is greatly disliked and highly reprooued that our Bishops doe lay their hands vpon children to certifie them by this signe of Gods fauour towards them To which I answere that the fact and vsage of our Bishops in confirming children is according to the practise of the church in al former ages and therefore ought it not either to bee so lightly reiected or so rashly condemned S. Cornelius writing to his brother Fabius sheweth evidently how one Novatus being baptitized in his bed regarded not after his recoverie the rest of the ceremonies whereof he should haue bene partaker according to the rule of the Church no not so much as to be sealed or confirmed by the Bishop for that cause did he not receive the holy ghost Now this Cornelius liued above 1100. yeeres agoe at what time the church was free from all herisies errours superstition And yet did the church even then vse to confirme children in the selfe same maner now vsed in our English Church S. Augustin deliuereth the custome of the Church in his time in such golden excellent words as I verely thinke he is able to satisfie every one that shall with a single eye and vpright iudgement all parcialitie set apart duely ponder the same These are his words Numquid modo quibus impenitur manus vt accipiant spiritum sanctum hoc expectatur vt linguis loquaÌ„tur aut quando imposuimus manus istis infantibus attendit vnusquisque vestrum vtruÌ„ linguis loquerentur cùm videreâ— cos linguis non loqui ita perversocorde aliquis vestruÌ„ fuit vt diceret non acceperunt isti spiritum sanctum naÌ„si accepissenâ— linguis loquerentur quâ—aamodum tunc factum est si ergo per haec miracula non fiat modo testimonium praesentiae spiritus sancti vnde fit vnde cognoscit quisque se accepisse spiritum sanctum interroget cor suum si deligit fratrem spiritus Deimanet in illo Is it this day expected that they speake with tongues vpon whoÌ„ the Bishop hath laid his hands that they should receiue the holy Ghost or when we imposed hands vpon Infants did euery one of you marke if they spake with tongues and when he sawe they spake not with tongues was then any of you so way wardly affected as to say they haue not receiued the holy Ghost for if they had they would speake with tongues as it came then to passe If therefore we haue not the testimonie of the presence of the holy Ghost by miracles how knoweth euery one that hee hath receiued the holy Ghost Let him dispute the matter with his owne heart and if he loue his brother the spirit of God abideth in him Thus write these holy Fathers shewing plainly vnto vs the practise of the Church in their dayes and that the holy Ghost is giuen in confirmation as also that the imposition of hands is a signe thereof in Gods children though not giuen in such miraculous manner as in the Apostles-time Saint Hieromie teacheth the selfe same doctrine which Cornelius and Saint Austin haue deliuered These are his words Quod si hoc loco quaeris quare in ecclesia baptizatus nisi per manus episcopi non accipiat spiritum sanctum quem nos asserimus in vero baptismate tribui disce hanc observationem ex ea authoritate descendere quod post ascensum domini spiritus sanctus ad Apostolos descendit Et multis in locis idem factitatum reperimus ad honorem potiùs sacerdotij quà m ad legis necessitatem If thou heere demaund why hee that is baptized in the Church receiueth not the holy Ghost but by the hands of the Bishop which
is granted to the Church in the Election of her Ministers This veritie may easily be proued by foure reasons of great importance viz. By apostolicall practise decrees of auncient Councels the testimonie of the holy Fathers and the consent of best approoued late Writers The first Reason drawne from the practise of Christ and his Apostles CHrist himselfe as his holy Gospell teacheth vs did of himselfe alone without the consent and voices of his people both call and choose his Apostles And in like manner himselfe alone did cal choose his disciples whoÌ„ he sent abroad to Preach the Gospell into euery citie and place whither he himself should come But most certain it is that we are bouÌ„d to imitate Christs facts deeds before all other mens For euery his action is and ought to be our instruction For this cause doth the Apostle exhort the E phesians and in them all other Christians to be followers of God as deare children And the same Apostle willeth vs to be followers of him euen as he followed Christ. The Apostles themselues in their Elections of ministers did not euer obserue one and the same manner For in one place we reade that they presented two Barsabas Matthias whereof the one was chosen by Lot In an other place we find that this course was altered For the people presented seuen to the Apostles who all were chosen without Lots vpon whom the Apostles also laid on their hands Wee reade in an other place that this forme was like wise changed and that the Apostles Paul and Barnabas ordained ministers in euery citie in which ordaination they neither obserued casting of Lots nor yet any presentment by the people We find in an other place that S. Paul Elected and ordained both Timothy and Titus and gaue them authoritie to ordaine others Hereupon I inferre this euident conclusion that there is no certaine forme prescribed for the Election of ministers which is to be obserued for euer in the Church but that euery Church is free to change the same according to the circumstances of times places and persons Which doctrine wil better appeare when I shal come to the fourth Reason The second Reason drawne from the Decrees of auncient councels THe Councell of Laodicea holden in the yeare of our Lord 370. hath these wordes Non est permittendum turbis electionem eorum facere qui sunt ad sacerdotium promovends The people may not be permitted to haue the Election and choise of them who are to be preferred to the Ministerie of the Church The Councell of Cabilon hath these wordes Si quis episcopus de quacunque civilate fuerit defunctus non ab alio nisia comprevâ—ncialibus clero civibus suis alterius habeatur electio Sin autem huius ordinatio irrita habeatur If any Bishop shall dye of what citie soeuer he be let not an other be chosen by any other saue onely by the Citizens Cleargie and bishops of the same prouince If it be done otherwise the ordination shall be of no effect The Councell of Antioch teacheth the selfe same Doctrine The councell of Nice after it hath pronounced the Election of the people to be voide and of none effect addeth these wordes Oportet n. eum qui est promo vendus ad episcopatum ab episcopis eligi For he that shall be made a Bishop must be chosen of the Bishops And this second Councell of Nice alledgeth the first Councell of Nice vpon which they ground this their Decree This reason therefore is consonant to the former that there is no certaine prescript rule for the Election of the Ministers of the Church The third Reason drawne from the Testimonie of the holy Fathers SAint Hierome in his Epistle to Evagrius hath these expresse wordes Nam Alexandriae a Marco evangelista vsque ad Heraclam Dionisium episcopos presbiteri semper vnum ex so electum in excelsiori gradu collocatum episcopum nominabant For at Alexandria from Marke the Euangelist vntill the Bishops Heraclas and Dionisius the pastorall Elders did alwaies choose one among them whom they placed in an higher degree and called him Bishop Marke these words well Saint Hierome saith heere that the Priests or Pastorall Elders did in Saint Markes time which was in the time of the Apostles choose one of themselues to be their Bishop He maketh no mentioÌ„ at al of any interest that the people had in that Election He that can and list may reade in the Ecclesiasticall Histories that when Anxentius the Arian was depriued of the Bishopricke of Millan then Valentinianus the Emperour called the Bishops together and willed them to place such a one in that Bishopricke as was fit for the place Which motion of the Emperour did no sooner sound in the eares of the Bishops but they forthwith humbly requested the Emperour that he himselfe would choose one whom hee thought most meete in that behalfe Yet the Emperour both grauely prudently and most Christianly answered that it were much better for them to choose one for that they were best able to iudge and discerne of his meetnesse for that place In the ende the good Emperour seeing the people tumâ—â—tuously deuided aboâ—t the Election was content to interpose his authoritie and to commaund Ambrose to be ordâ—ined Bishop there These are the wordes of Theodoretus Hac dissensione cognita Ambrosius vrbis praefectus veritus ne qui â—novarum rerum molirentur propâ—re ad ecclesiam coÌ„tendit Illi sedâ—tione compressa vno ore omnes postulant vti Ambrosius qui adhuc sacris Baptismi mâ—sterijs non erat initiatus ipsiâ— designetur episcopus Quare audua 〈◊〉 iubet illum egregium virum extemplo initiari episcopum ordinari So soone as this dissention was knowne Ambrose the gouernour of the Citie fearing least they should 〈◊〉 some new tumult commeth with speede vnto tâ—e Câ—urch The people beholding him made an end of their variance and all with one assent desired that Ambrose not as yet Baptized with the holy Lauer might bee designed their Bishop Which when the Emperour heard hee commaunded that forthwith that worthy man should be Baptized and then created their Bishop Thus writeth this auncient and learned father Out of these wordes I obserue first that in the time of Theodoret who liued almost 1200. yeares agoe the people had voices in the Election of the Ministers of the Church Secondly that such vsage of popular Election was the cause of great tumults and sedition in the Church Thirdly that it was lawfull for the Bishops to haue kept the authoritie and interest of Election in themselues Fourthly that the confirmation of Bishops was then in the power of the Emperour Fiftly that it greatly skilleth not who doe chose so fit men be chosen for the places Eusebius Caesariensis affirmeth constantly that two excellent Bishops in Palestine Theoctistus Bishop of Caesarea and Alexander Bishop of
certaine Rites which our Lord ordained as for examples sake bread and wine are the signes of the Supper by our Lords owne institution Where therefore there is either no vse at all of bread and wine or else great want for a time shall we celebrate no Supper of the Lord Yea it shall bee celebrated aright if that bee taken in the place of bread and wine which either by common vse or in regard of the time is vsed in the stead of bread or wine For this Christ intended when he chose bread and wine for these mysteries that by proposing before our eyes the signes of those things with which our bodies is nourished he might represent the true foode of our soules Therefore he swarueth not at all from Christes meaning who hauing no desire of innovation vseth in stead of bread and wine those things which though they haue not equall yet haue they like proportion of nourishment with bread and wine There wants also water and yet Baptisme neither ought nor can be differed with edification my selfe doubtlesse would baptize in any other liquor no lesse lawfully then I would in water This is maister Bezaes iudgement euen in the essentiall parts of the Sacraments Out of this doctrine thus deliuered by these two learned Doctors M. Calvin and M. Beza I observe these most important documents First that the authoritie of the church is so great that it can alter the matter of the Sacraments both of Baptisme and the Lordes supper if credit may be giuen to these great Doctors doctrine Secondly that the vse of the Lords Supper and of Baptisme is of such necessitie that this chaunge may and ought to be admitted rather then wee bee defrauded of the benefite thereof Thirdly that neither the practise of the Apostles nor the examples of Christ nor yet Christes owne institution No not in the matter of Sacraments is of such force and moment but that the church vpon good and necessarie cause may alter and chaunge the same And consequently it must needes be graunted neither can it with any colour of reason bee denied that the Church may chaunge the maner of choosing her ministers as necessarie circumstances of times places and persons shall require Especially seeing there is neither example commandement or institution of Christ to the contrarie CHAP. X. Of the ordeining of Ministers and the Ceremonies thereto apperteining THat Bishops haue and euer had authoritie to make order and admit Ministers of the Church it is so cleere and evident by the Scriptures Councels Fathers and continuall practise of the Church that I cannot but admire their audatious temeritie that doe oppugne the same Marke well the answers to all the Obiections in this Chapter Saint Paul chargeth Bishop Timothie not to lay his hands rashly on any man And the same Saint Paul telleth vs that he left Bishop Titus at Creta that he might order and make ministers in euery towne Now that Timothie and Titus ordained Ministers it is cleere by the Text it selfe But two doubts remaine The one whether Timothie and Titus had more authoritie then other common Ministers or not The other whether they alone ordained Ministers or with the ioynt-authoritie of others Touching the former I haue prooued alreadie by many testimonies that both Titus and Timotheus were Arch-bishops and had superioritie ouer many other Bishops I will heare adioyne the testimonie of Hemingius whose wordes are these Attamen Paulus gradu digns tatis ordine Timotheo Tito erat superior Timotheus gradu ordine excelluit reliquos Ephesmae vrbis presbyteros Et Titus Cretensihus praecrat Sequitur inter hos ministros agnoscit etiam ecclesia nostra gradus dignitatis ordines pro diversitate donorum laborum magnitudine ac vâ—cationum dignitate ac iudicat barbaricum esse de ecclesia hunc ordinem tollere velle Iudicat caeteros Ministros suis episcopis oportere obtemperare in omnibus quod ad adificationem ecclesiae faciunt iuxta verbum dei ac vtilem ecclesiae oeconomium Iudicat episcoposius habere in caeteros ministros ecclesiae non despoticum sed patrium But Paul in deegree and order of dignitie was superiour to Timothie and Titus Timothie in degree and order excelled all other Presbyters or Priestes of Ephesus and Titus was gouernour ouer the Cretions Among these Ministers our Church also acknowledgeth degrees of dignitie orders according to the diuersitie of giftes labours and calling and deemeth him to bee a plain rudes be that once hath but a minde to take this order out of the Church Our Church also iudgeth that all other Ministers must obey their Bishops in all things which pertaine to edification according to the word of God and the profitable dispensation of the Church Shee iudgeth that the Bishops haue a soueraigntie ouer all other Ministers of the Church yet not despoticall but paternall Touching the latter the scripture is plaine that none but Bishops did ordaine Church-ministers at any time And these Fathers of the Church affirme coÌ„stantly that this was a speciall knowne prerogative of Bishops that they and none but they could order and make Ministers of the Church S. Hierome hath these evident expresse words Quid enim facit excepta ordinatione Episcopus quod presbyter non faciat For what doth a Bishop which a Priest doth not the ordering of Ministers excepted Loe in this one thing doth a Bishop differ from Priests and inferiour Ministers because no other Minister saue onely a Bishop can ordaine and make Ministers of the Church Saint Epiphanius who liued aboue one thousand and two hundred yeares agoe affirmeth plainly that Bishops onely make Priests that is begetteth fathers to the Church and both he and Saint Austin enrolled the contrarie opinion among flat heresies censuring all them for Heretiques that held or defended such absurdities Saint Irenaeus who liued next to the Apostles and so could not bee ignorant what was the Church practise in their dayes maketh this my doctrine without question and beyond all exception that Bishops euen in the Apostolique time were different in degree from Priests and did create and make Priests but neuer were created of Priests No no if Priests could make Priests or if it were not an Apostolicall tradition that that charge doth appertaine onely to Bishops as it is this day laubably obserued in the Church of England then doubtlesse Aerius could neuer haue beene censured for an Heretique Adde hereunto that which I haue alreadie deliuered in the fist Chapter in the first and second Paragraph and thou shalt finde this Doctrine to be agreeable to the practise of Christs church in all former ages See Zanchius and note well his wordes Note well also the Answere to the second Obiection The first Obiection It appeareth by Saint Hierome in his Epistle to Evagrius that one minister was made superiour to an other onely by the ordinance of men The Answere I answere First that
Iohanne euangelista christi discipulo dicere possumus Cùm n. multis varijs periculis obiectus apostolieam functionem longo tempore administravisset tandem Ephesiorum episcopus factus in ea vrbe anno ab ascensione domini sexagesimo octavo è vivis excessit This also must be marked that they laid away the name of Apostles so soone as they were tyed to any one church and had the continuall charge thereof To wit when they being either hindered with old age or afflicted with diseases were no longer able to endure troubles and molestations of trauaile For then they were no longer called Apostles but Bishops We may bring Saint Iames the yonger for an example or rather for a witnesse of this matter For Hierome and all the auncient Fathers call him the Bishop of Hierusalem and for no other cause saue onely that he had placed himselfe in that citie For when in former times hee as the rest of the Apostles being giuen to peregrination had taught the faith euery where the Apostles made him as a diligent watchman the Bishop of Hierusalem The same we may say of Saint Iohn the Euangelist and disciple of Christ. For when he being exposed to many dangers had executed the apostolicall function a long time hee was at length made the Bishop of Ephesus and died 68 yeares after our Lords ascension Out of these words of this excelleÌ„t discourse I note first that in the Apostles something was extraordinarie and temporarie and something likewise ordinarie and perpetuall This is an obseruation of great moment well worthy to be engrauen in Marble with a Penne of Gold Secondly that the Apostles were some time Bishops and that their function in that respect was perpetuall Thirdly that so soone as they betooke themselues to an ordinarie calling they ceased to bee called Apostles and were named Bishops And this their ordinarie calling remaineth this day in the Church and shall continue vntill the worlds ende Hence commeth it that all the holy Fathers affirme with vniforme consent that Bishops this day succeede the Apostles in their ordinarily calling This graue Writer deliuereth his opinion for ceremonies most plainly and prudently in these expresse wordes Iam obijciebant odiose nimis salem butyrum salivam lutum alia id genus imo ipsas quoque orationes quae super infantibus fiunt quod neque Iohannes neque apostoli legerentur orationibus baptismo praeivisse Ad quae sic respondimus primùm ad ceremonias Christum interim caecos quosdam visui restituisse mediantibus tactu aut luto interim solo verbo respice neque tamen eos minùs vidisse qui tactu vel luto mediante aciem recepissent quà m qui solo verbo at nihil morari nos externa ista si ecclesia iubeat resâ—indi factumque est vt protinus iuberet non ignorantibus nobis qui verbo praesumus iam inter exordia ecclesiae horum fuisse vsum tametsi eis non tantum tribueretur atque his nostris temporibus vndè citrà negotium recidimus Now they obiected too odiously Butter Salt spittle Cley and such like yea the very praiers made ouer infants because neither Iohn nor the Apostles are read to haue preuented baptisme with prayers To which wee answered and first to the ceremonies that Christ sometime cured the blinde by touching and Clay sometime by his word onely neither for all that did they see lesse who receiued sight by Clay and touching then they which sawe by his onely word but we make no reckoning of these externall things if the church command them to be taken away and wee obeâ—ed as shee appointed albeit wee ministers are not ignorant that in the beginning of the church these ceremonies were vsed though not in such sort as now adaies and therfore without contradiction we reiect them Out of this dicourse we may learne sufficiently howe to behaue our selues touching ceremonies viz. to vse or refuse signes and ceremonies as beeing thinges indifferent as the church shall thinke it expedient and appoint to be done Hemingius an other famous late writer hath these words Augustinus Ambrosius non offenduntur ex coque aliae Remae aliae Mediolani essent ceremoniae Nam inter se iunguntur pij spiritis Christi non humanis ceremonijs Vt pios gubernatores ecclesiarum velim magno studio cavere ne ceremoniae scandalo sint infirmis it a privatos nolim quicquam mutare in ceremonijs gravi authoritate a maioribus institutis approbatis Neque est quod exactissima ratio singularum ceremoniarum inquiratur modo non manifestam superstitionem impietatem redoleant Quidam offenduntur ceremonijs nostris quas clamitant papisticas esse Dicunt nos habere sacerdotes altaria vectes candelos imagines exorcismos signationes crucis planè papistico more His ego respondeo ecclesiam veram a falsae dictingunendam doctrina cultu non ceremonijs quae per se adiaphorae sunt Neque n ceremonias adiaphoras tanti momenti esse indicamus vt propter illas schismata moveantur in ecclesia Retineatur doctrinae sinceritas retineatur purus dei cultus Alia serviant partim tranquillitati partim infirmitati hominum relinquamus prudentia quberuatorum de his rebus dispiciant Austen and Ambrose are not offended that Rome had one kind of ceremonies and Millan an other For the godly are lincked together by the spirit of Christ not by humane ceremonies As I wish the godly gouernours of Churches to be very circumspect that ceremonies doe not scandalize weakelings so would I not haue priuate persons to alter any thing in ceremonies which our auncestors with graue authoritie haue ordained approued Neither is there any cause why we should require an exact reason of euery ceremonie so that they imply not any manifest superstition and impietie Some are offended with our ceremonies crying out that they are papisticall They say we haue Priests Alters Vestures Candels Images Exorcismes Crossings euen after the Popish manner To these good fellowes I aunswere that the true Church is distinguished from the false in doctrine and worship but not in ceremonies which are of their owne nature things indifferent For we thinke not ceremonies indifferent to be of such moment that for them wee may make a Schisme in the Church Let vs retaine the sinceritie of Doctrine and hold fast the pure worship of GOD. Let other things serue partly peace and tranquillitie partly the infirmitie of men and let vs leaue these things to the prudent consideration of our superiours and let them dispose thereof Out of these wordes of this great learned Writer wee may gather all things necessarie for the decision of all controuersies about rites and ceremonies of the Church For first hee telleth vs that the varietie of ceremonies at Rome and Millan did not offend Saint Austen and Saint Ambrose Secondly that priuate persons must bee obedient to the lawes of their superiours and
nec iniunxit Dominus ergo illi placere acceptus esse non potest Ceremoniarum autem ratio longè alia est Nec enim dicere licebit de ceremonijs istis in Scriptura nihil proditum est ergo ceremonijs istis vsi non sunt quod ipsum in exemplo divae virginis Apostolorum abundè satis demonstratum est We reade in no place of the holy Scripture that the Apostles weare baptized saue onely that mention is made of two in S. Iohn Where for all that the same is not plainely expressed but obscurely infinuated If therefore wee shall follow your manner and denie all things which are not conteyned in the holy scriptures then certes we shall bee compelled to graunt that neither the blessed Virgin Marie nor the Apostles them selues were euer baptized which doubtlesse is a strange assertion and farre from all pietie and religion But touching doctrines of Faith and those things which informe our faith the inward mā we must ever vse this as a present preseruatiue what God hath not cōmanded vs to beleeue to beleeue that is not necessarie to our saluation Our Lord neither appointed nor inioyned this kinde of worship therfore it can neither please nor bee acceptable to him But touching ceremonies the case is farre different For wee may not say there is no mention made of these Ceremonies in the Scripture therefore the Apostles vsed them not which thing is prooued abundantly by the example of the blessed Virgin and of the Apostles Out of this must excellent discourse I obserue these worthy documents First that all things necessarie for our saluation are comprised in the holy Scriptures Secondly that many other things necessarie for Church-gouernment are receiued by tradition Thirdly that it is not a good Argument to reason after this manner there is no mētion of these things in the Scriptures therfore the Apostles vsed them not or therefore they are not lawfull This doctrine is agreeable to Saint Austins rule who calleth it insolent madnes to withstand and contradict that which is receiued by the custome of the whole Church Yea it is consonant to S. Pauls practise against the malapert saucinesse of contentious persons CHAP. XI Of the Presbyterie and Seignorie SOme otherwise learned doe this day labour with might and maine to proue that our English church ought to be gouerned with a Presbyterie that is with Pastors Teachers Laicall vnpriested Elders and Deacons These 4. as they contend are the lawfull Gouernors of euery particular congregation Pastors and teachers for procuring the aduancement of the faith of the Church Elders for the censure of their conuersation and life and Deacons for the comfort of the poore That that the truth of this controuersie of which many talke but very few vnderstand it aright may be laide open to the indifferent Reader I haue thought it good to proceed therein by way of Propositions The 1. Proposition THat kinde of gouernment which may bee altered for the circumstances of times places and persons is neither necessarie nor perpetuall But the gouernment by Pastors Doctors Elders and Deacons if euer there were any such kind of gouernment in the Christian world may be altered and chaunged Ergo it is neither necessarie nor perpetuall the Argument is in forme and the Proposition most cleare euident to euery childe The difficultie or doubt if there be any resteth in the assumption But I haue prooued it at large where I disputed of the Churches authoritie in things indifferent Yea there was a time euen in the dayes of the Apostles when the Church had no Deacons There was also a time euen in the dayes of the same Apostles when the Church had no vnpriested or vnpreaching Elders Who so readeth seriously the Acts of the Apostles and S. Pauls Epistles can not bee ignorant in this behalfe The 2. Proposition CHrist did not translate the Sanhedrim Synedrion or Consistorie of the Iewes vnto his Church in the newe Testament I proue it first because both their lesse kinde of Sanhedrim and their great as they did afterward diuide it was onely in one place for all the Realme viz. First at Sylo then at Hierusalem their chiefe citie vntill the worst and last alterations therein but the seekers of the newe English Presbyterie would haue the like if not the very same to bee erected in euery congregation Againe in both Consistories of the Iewish Sanhedrim aswell in the greater of the 70 as in the lesser of the 23. they were all either Priests or Doctors of the Lawe the King and the Peeres of the Realme only excepted Thirdly then Sanhedrim had partly politicall partly eclesiastical iurisdiction both together but our Presbyters haue onely ecclesiasticall seeing as they graunt to be Iudges in ciuill places is onely the Office of the ciuill Magistrate The 3. Proposition THe English supposed Presbyterie is not compatible with a Christian Monarchie but must perforce despoyle her and bereaue her of her royall soueraignitie I proue it because the sayd Presbyterie challengeth vnto her selfe all authoritie in causes ecclesiasticall the supreme ouer-sight of which causes pertaineth to the ciuill Magistrate as is already proued The 4. Proposition THE English desired Presbyterie is not grounded vpon the word of GOD. I proue it because the Scriptures alledged by the Patrons thereof doe conclude no such matter The Textes are fiue in number being all that any way seeme to make for their purpose The first is out of the Gospell tell the Church To this Text I answere in this manner First that wee for the true meaning of this portion of Scripture will giue credite to Saint Chrysostome and the rest of the auncient Fathers The Church to which this complaint must bee made doth signifie the Bishops and gouernours of the Church who according to all generall Councels auncient Canons and the continuall practise of the Church were euer to this day reputed acknowledged and taken for the Church representiue Secondly that if we will be ruled by M. Calvins censure Christ doth not here say any thing of the church of the New Testament but alludeth to the order of the Church of the Iewes Thirdly that by the iudgement of the graue and learned writer M. Bullinger a great Patron of the Presbyterie Christ speaketh here of the whole congregation and not to a fewe persons of whom consisteth the supposed Presbyterie And this exposition is so agreeable to the Text as none with right reason can denie the same Yea this sense is indeed agreeable to the verdict of S. Chrysostome and of all the auncient Fathers and to the continuall practise of the Church in all ages These are M. Bullingers wordes Quamobrem hinc efficitur ecclesiam habere potestatem mandatum eligendiministros Hoc autem facere potest veltota ecclesia vel fidi homines ab ecclesia ad hoc electi prout commodius vtilius ad pacem
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
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
see what subtiltie and craftie dealing contentious Satan vseth who goeth about by these dissentions in external matters to make againe a most ready way and passage for Poperie to enter into our gates But in such matters doubtlesse the Apostles rule must be obserued Whose vse and administration he saith is in our arbitrement and power yet so that we doe nothing against Gods ordinance neither haue any desire to trouble the publique peace whereof we must haue an especial care for these externall matters It is therefore this day lawfull for vs also to institute and ordaine a newe the baptisme of infants although it had not hither to bin vsed in the church if any commoditie or good successe of peace and concord might insue thereupon Out of these learned discourses of these graue and learned Writers I obserue these memorable rules for the benefit of the gentle Reader First that the ceremonies this day of our English Church are the same that were vsed in the church in the purest times 2 that in things which are neither against faith nor against manners the custome of the church must be a rule for vs to follow This is a most worthy lesson a most excellent rule and a most necessarie obseruation Thirdly that the dissentions and schismes stirred vp about externall rites and ceremonies proceede from the crastie and deceitful dealing of the diuel Fourthly that the Church hath power to make and constitute any lawes which are not repugnant and contrarie to the word of God Fiftly that our Church hath this day power to haue instituted the Baptisme of Infants although it had not beene vsed in former ages And consequently that it hath power a fortiori to set downe orders and lawes for the apparell of Ministers for surplesles square Caps interrogatories in baptisme and bowing of the knee at the name of Iesus for kneeling at the holy Communion for giuing thanks of women for their deliuerance from the perill of child-birth for prohibiting to Preach without licence for Reading of Homilies and the like Which rules and obseruations if they were wel remembred and duly obserued all schismes dissention whisperings and mutinies would wholy surâ—â—ase in this Church of England The third member of Deacons and their office in the Church In the booke of orders there is an office called the Deacon whose description is not to be found in Gods booke namely consisting in helping the Priest in diuine seruice especially when he ministreth the holy Communion in reading holy Scriptures Homilies in the congregation instructing the youth in the Catechisme in Baptizing and Preaching if he be admitted thereunto by the Bishoppe Thus Write the patrons of the Eldership and earnestly wished Presbiterie to whom I answere in this manner First that if it were true which they say as it is not indeed yet would it not followe that the office of a Deacon this day vsuall in the Church should be a thing vnlawfull to be vsed The reason is euident because as I haue already proued the Church hath authoritie to constitute make and ordaine any lawes ceremonies canons ordinances and orders which are for the good of the Church and not against the word of God for the better confirmation whereof let vs heare the verdict of maister Zanchius that most famous Writer These are his expresse words interea tamen non improbamus patres quod iuxta variaÌ„tuÌ„ verbi dispensandi tum regendae Ecclesiae rationem varios quoque ordines ministroruÌ„ multiplicarint quando id eis liberum fint sicut nobis quando constat id ab illis fuisse factum honestis de causis ad ordineÌ„ ad decoruÌ„ ad aedificationeÌ„ ecclesiae pro eo tempore pertinentibus Neuerthelesse we doe not discommend or reproue the fathers because they did multiply and increase the orders of the ministers according to the various manner of dispensing the word and of gouerning the Church Seeing that was in their libertie and power as it is also in ours And seeing also it is euident that they did that for honest causes for order comlinesse and edification of the Church as that time did require Out of these golden wordes I obserue first that the holy fathers in former ages did institute diuers orders of Ministers which orders though they be not found expressely in Gods booke yet this great learned man dareth not disalowe or reproue the same But our young maisters who for learning are vnworthy to carrie his bookes after him dare condemne them roundly and make hauocke of the Lawes of the ancient Church Secondly that the Church both then and now had and still hath full power and authoritie to constitute diuers orders of Ministers in the Church Let this obseruation bee well marked for it is of great importance and no small moment Thirdly that such orders and constitutions doe pertaine to the order comelinesse and edification of the Church Fourthly that these things may be changed at the discretion of the Church as the circumstances of the times places and persons doe require I answere secondly that the office of Deacons is no otherwise this day in our English Churches then it was of old in all Churches throughout the Christian world I proue it for that both ancient councells of Nice Carthage and others and also the holy fathers doe testifie the same so copiously as none but younglings of no reading can be ignorant thereof Thirdly that Deacons in the Apostolique time and primitiue Church did not onely serue the table and minister to the poore but also baptize and preach the Gospell I prooue it first because there were Deacons at Ephesus at Philippi and in Crete as may euidently be gathered of the Epistles which were written to Timothie Titus and the Philippians And for al that there was in those places at that time such paucitie of Christians as there could bee either small neede or none at all for Deacons to attend vpon the tables Secondly because the solemnitie of imposition of hands vsed in the ordering and consecration of Deacons doth argue a further and more excellent function then the bare and sole ministerie of the table This was well obserued by the great learned Doctor Illyricus whose wordes are these Hinc autem apparet eos non tantum ad dispensationem elemosynarum alimentorumque sed etiam ad institutionem auditorum fuisse adhibitos sicut illi Act. 6. etiam simul docuerunt non tantum aeconomiam administrarunt sed nimirum munus illorum fuit tantum rudiores instituere seu catechismum tradere dum presbyteri omnibus sufficere laboribus nequeunt Hence it is apparant that the Deacons were ordained not onely to distribute almes and reliefe to the poore but also to instruct and teach their auditors as they also of whom mention is made in the acts were occupied in teaching and not onely in houshold-businesse For their office was to instruct the ignorant and to Catechise
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
with me that Maister Caluin speaketh of the most notorious sinnes of incest and consequently that hee graunteth power vnto the magistrate to pardon what Malefactors or sinnes so euer For though the magistrate can neuer make that to be no sinne which Gods lawe prounceth to bee sinne yet saith M. Caluin the magistrate may make a law that the same sinne shal not be punished Which doubtles is the selfe same doctrine that I do teach for the present Thirdly that by the law of the New Testament the Prince is onely charged in generall tearmes to punish malefactors and that for the common good of his faithfull people in regard whereof hee may lawfullie cease from punishing them when the common intended good of his subiectes eyther can not or wil not insue thereupon For if Kinges should at all times punish all malefactors the Church of God would often be depriued of most excelent and profitable members For which respect our Sauiour himselfe telleth vs that when the tares cannot be seuered from the good corn vnlesse both be pulled vp together then may they tollerate the tares or weedes with the good corne vntill the time of haruell As if hee had saide when the wicked cannot be punished but with great domage to the godly then may the Magistrate tollerate such malefactors vnpunished and not thereby sinne at all Therefore saith the holy father S. Austen that Christes Church doth tollerate many thinges which he neither doth nor can approue And the same holy Father in a large and learned discourse against Parmenianus shew eth plainely vnto the Reader that the notorious sins must then be anathematized when there is no daunger of schisme to enfue thereupon not otherwise least that turn to the churches harm which was intended for her good Amongst many other godly sentences which for breuitie I here omitte these are his expresse wordes In hac velut angustia quaestionis non aliquid nouâ—m aut insolitum dicam sed quod santas obseruat ecclesiae vt cum quisque fratruÌ„ id est ChristianoruÌ„ intus in ecclesiae societate constitutorum in aliquo tali peccato fuerit deprehensus vt anathemate dignus habeatur fiat hoc vbi periculum schismatis nullum est Sequitur nam ipse dominus cum seruis volentibus zizania colligere dixit sinite vtraque crescere vsque ad messem praemisit causam dicens neforte cum vultis colligere zizania eradicetis simul triticum Vbi satis osteudit cum metus iste non subest sed omnino de frumentorum certa stabilitate certa securitas manet id est quando ita cuiusque crimen notum est omnibus omnibus execrabile apparet vt velnullos prorsus vel non tales habeat defensores per quos possit schisma contingere noÌ„ dormiâ—t seueritas disciplinae Sequitur cum vero idem morbus plurimos occupaucrit nihil aliud bonis restat quam dolor gomitus In this intricate question I wil say no new or straÌ„ge thing but euen that which the soundenes of the church obserueth that when any Christian which in the societie of the church shal be taken with any such offéce as shall deserue an anathematization the same be done where there is no perill of schisme For our Lorde himselfe when hee saide to those that woulde gather the tares suffer them to grow vntill the haruest premised the cause saying least while yee desire to gather the tares ye plucke vp also the wheate VVhere hee sheweth sufficiently that when there is no such feare but there abideth securitie enough of the stabilitie of the corne that is when euerie mans crime is so apparant and execrable to all that eyther it hath none at al or no such patrones as are able to raise vp a schisme then may not the seueritie of discipline bee a sleepe But when many haue the same disease there resteth nothing for the godly but sorrowe and lamentation Thus writeth this holy Father Out of whose wordes we may gather euidently that the magistrate may lawfully tollerate sinne and sinners vnpunished when by their punishment more hurt then good would ensue to the Church VVhich selfe same doctrine King Dauid full of the holy Ghost deliuered long afore him when he vttered these wordes Know ye not ' that there is a Prince and a great man fallen this day in Israel and I am this day weake and newly annointed King and these men the sonnes of Zeruiah be too hard for me the Lord reward the doer of euill according to his wickednesse Loc the blessed King spared two most cruell murderers Ioab and Abishai his brother and this hee did onelie for this end least by their punishment greater hurt should haue come vnto his Kingdome The 2. Obiection Achab the King of Israel was punished with death because he granted pardon to Benhadad King of Aram. So King Saul was deposed from his kingdome for that he spared Agag king of the Amalekites Answere I aunswere first that Achab was precisely designed by God himselfe to doe execution vpon Benhadad And so was also Saul appointed in precise tearmes to put King Agag to death Secondly that in the New Testament Princes haue no such special commaundemeÌ„t but are only charged in general to punish malefactors Thirdly that they were extraordinarie precepts giuen to these Kinges extraordinarilie not to bee done generally to all malefactors but to two notorious persons in speciall and consequently that no generall Law can bee grounded thereupon Fourthly that affirmatiue precepts binde not in euery season but when the due circumstances of time place and persons and the common good of the faithfull shal so require as is alreadie proued For otherwise I see not how Saint Paul can bee excused who made earnest sute to Philemon to pardon his wicked seruant Onesimus who vniustly had gone away out of his seruice And the like may bee saide of Saint Austin who so ofieÌ„ made intercession to the princes of Africa to pardon the Donatists and Circumcellions who did not onelie disturbe religion but also spoiled the Christians of their lawfull goodes Yea it was the vsuall custome of the Iewes as the holy gospel beareth recorde to see some one Prisoner at libertie euerie Easter which custome is not reproued in any place of holy writ Fiftly that it is a case so cleare by Saint Paul that male factors may sometime bee pardoned as it is without all rime and reason to denic the same For what can be a greater offence then such fornication as is not once named among the Gentiles to wit that one should haue hi fathers wife And yet when the partie that did this horrible fact seemed to giue signes of true remorse Then Saint Paul himselfe pardoned him and willed the Corinthians to doe the same So did the Fathers of the Elebertine Councel pardon the vsurers of the Laical sort when they promised to
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