workynges that plucketh fro publike ceremonies Then yf labors be done which do not abduce fro ceremonies do neither let nor hurte the example the case is vnlyke therfore euqite iudgeth suche doynges not to be forbiddeÌ„ Theclesiasticall tradicions were fyrst ordeyned made principally that thingê shuld be don in order since that puplically it is couenient for the Churche therfore equite dyd Iudge tradicions without fawte or blame to be violated where as the publyke order was not dissipated This distinciton dothe shewe where equite hath place as who saythe in a case wherof the Lawe wrytten do not principally speake ¶ Therfore Arestotle sayth that the auctoryte of Iudges ought to be gyuen to lawes that they may moderate them as Physycions do moderate Pharmacum And in the fyrste of Etheces he saythe that Lawes be to be constitude of that whiche most often chaunseth or happeneth but yf any any cyrcumstaunce letteth or chaungeth the cause there is commaunded Equite to be Counseylled with ¶ Therfore he saythe the Lawe is as lesbia That is to Saye a leady or a heauye Rule whichâ— is to be Moderated and applyâ—â—â— felowes one or equal and the principall fyne or coÌ„clusioÌ„ of the magestrat to be the consernuacion and keping of the lawe c. The magestrat which bereth y â— sword ought to prohibit also hereses .i. wyeked vngodly techinges punishe heretykes that is auctors of euyll wycked tecahinges but in obscure thynges the cognicion of the churche goeth before thus properly the magestrat seruith the glory of god his fuÌ„ction is y â— worshyppinge of god wheÌ„ he studieth to defeÌ„d to propage ornate true lernyng coÌ„trary wese to prohibit wicked teachynges who that doth thus dothe his principall office whiche properly perteineth to the glory of God whiche properly deserueth that title wherwith magestrates be to garnysshed in the salme I sayd ye be Gods as who sayth because they haue their office deuinly constituted ordenid And they ought to gyue to men deuine thinges relygyon Iustice dyscyplyne peace and suche other ¶ And for this cause they be called of Esaias Nurses of the churche because they ought to noryshe and to defende Godly teachers ¶ And they ought not to exercyse cruelnes on Christan men nor lawes contrary to deuine or natural ought not to be obserued ¶ The Ecclesiasticall power is the deuine commaundement in teachyng the Gospell administra the Sacramentes ordaynynge the mynysters of the Gospell annuncyatynge remyssyon of Synnes to Euerye bodye or to many Constytutynge Iudgemedtes of doctrines here is my wel beloued soÌ„e here hiÌ„ therfor crist although he ê“ponith diuersite betwene theÌ„ y e kno do not kno y t he doth not vtterly deliuer theÌ„ y t kno not wheÌ„ he saith he y â— knoweth y e wyll of his master doth it not shalbe y e mor punished yet he y t knoweth not doing thiÌ„gê wordy paâ—â—e shalbe les punished it is coÌ„meÌ„ly said saÌ„ctarusticitas .i. holi rusticite as who saith aplanemaÌ„ of y â— couÌ„tre he thiÌ„keth no hurt be this maÌ„er of saying many excuseth their folly or folishnê as who saith it is a pity or a godlines not to knoth aueÌ„gelist but erasmê° truly grauely repheÌ„deth y t saiiÌ„g saith y t nomaÌ„ caÌ„ be a christeÌ„ maÌ„ but y â— he kno mani thingê for y â— euaÌ„gelist is a certeÌ„ excelleÌ„t wisdoÌ„ which no maÌ„ w t out gret cure meditacioÌ„ colacioÌ„ of lerniÌ„g coÌ„municacioÌ„ w t lerned meÌ„ doth optaine peter doth coÌ„mauÌ„d and byd vs to be redy to render our accoÌ„pte secoÌ„darly nether y e affectated ignorauÌ„ce of maÌ„s positiue law nor y â— ignorauÌ„ce of y â— dede doth excuse Affectated ignorauÌ„ce is of y t thâ—g which eueri maÌ„ as wel of y e law as of y â— dede is bouÌ„d to know this Ygnorasice doth aristotle elegaÌ„tly speke of saying ignorauÌ„ce which any maÌ„ willingly doth accerse do not excuse but is a puersite so is vniuersall ignorauÌ„ce y t is wheÌ„ we kno nothiÌ„g at al of thos thingê which we ought to do alitil after headdith y t a iug ought to punish y e ignorauÌ„ce if a maÌ„ be to hiÌ„self cause of ignorauÌ„ce thê° ignorauÌ„ce of law doth not excuse a iuge which is bouÌ„d to kno be vertue of his office nor affectatid ignorauÌ„ce iÌ„ a maÌ„s own ê“pper dede as if a maÌ„ beiÌ„g iÌ„possessioÌ„ of any thyng do not know whether that thynge be leyde to pledge to hym or gyuen Alitigator or asutor in the lawe Ygnoraunce of lawe donoâ— excuse as sâ—enola sayde it is a fowle thynge for anoble man and coÌ„myng to his causes or to suyte not to knowe the lawe wherin he is tossed or suyde but from this degre be wont to be except women and sogeris to whom the error of the lawe is pardoned The thyrde is a probable Ygnoraunce of dede eyther of his owen or of an other mans which hath an excusacion ¶ As the syster of Iacobes wyfe was gyuen to hym and he knewe it not suche is the Ygnoraunce wherof Paule doth speke he is forgotten that knoweth not for he erreth excusably because it is a curiosyte to interrogate or aske those thynges that pertayne not to our purpose it is therfore excusable where only ygnoraunce of the faute is the cause but wher not ygnoraunce but our couetousnesis the cause of the fawte there ygnoraunce doth not excuse as dronken persons to offende c. ¶ Voluntarye offences VOluntarye offences be tho in the which both counseill is gyuen and fre wyll not voluntary offences be tho when counseyll is not adhybyt or wyll by violence is forbydden or els is ouer throwen and synneth in a thing vnpossible ¶ Not Voluntarye and vyolent ought to be vnderstond one thyng which as are stotle saith hath thâ—â— beginniÌ„g extrinsecally or outwardely wyll may cohybyt affections and many hurtes purposed wyll may prefar one before another for as true vertue is then when iudgement fre wil be adhibit so the chife degre is of delictes or fautes when a man doth offend both consultly with fre wyll Thother degres be somtyme more lyghte as when eyther wyll is impydited or iugement is not giuen froÌ„ hence doth spring .v. degâ—ê which iÌ„ fautê iniuries we must coÌ„syder the iuge deceyt open faut lyght offence lyghtest soden chaunce Dole or deceit hath no excuse open faut or blame is neibour to deceit as wheÌ„ affecrated ygnoraunce is delicted for this is not vnwyllynge but it is very malis as aristotle sayth a light faut lightest hath the more excuse for here will doth not come to do a mysse although deligence is desired yet ther is none affectated neclygence in such fautes Soden chaunce hath an excuse for nether the mynde neyther the wyll doth truly offend as adrastus goyng to kyll a wylde bore kylled cresessone or
yf a man casteth doune fro the top of an house a tile into a place where as no body is wont to be ocupied or to walke by chaunce hurteth or kylleth one That is therfore to be obseruyd y t all these degres do spryng come ether of the error of iugement or by some impediment of the wyll voluntarys be properly called those in the whiche do concure Counseyll and fre wyll many Questyons be her to be sturted and moued whether a Christian maÌ„ may laufully repel vyolence be vyolence and how he maye do it whether dyuysyon of thynges be laufull for Christian men whether it be laufull to make warre or kepe battell The Euangelyst do not abholitte economyor polacy but doth greatly approue them wherfore the vse of al thynges polyticall is graunted to Christian men with the vse of deuisyon of thynges Iudgementes battelles and suche other ¶ Whether it is lefull for priuat persons to kyll tyrantes that is cruell offecers YF a tyrane be a priuate man inuadyng the Empyre by sedycion and rather then the Empyre shuld be destroyed they whithe with laufull Magestrates do agre may pryuatly kyll hym as a thefe yf he be taken in the faute ordede that is doyng or workyng any thyng sturrynge the people or makyng assaute on any persons Thus any priuate parson laufully myght kyll Catylyne sedycyon ones sturred euen also as Fuluiê° dyd kyll his sone taken agayne after he fled away and the lawes do agre that a man may kyll his father that hath coÌ„mitted agaynst the coÌ„men wele Secondarely if a tyrane be in a magestracy auctorite or office and Cruelly and notoriusly doth iniury to the subiectes defence is graunted to them incontinently as well in priuat perell as in a besynes towchynge or pertayning to the coÌ„men wele as in the hystorye of the Heluetions magstrates coÌ„mauÌ„ded the citesyn to producke his sone and a darte to be directed to him of his father castyng it also the tribune of sogiers in the hoste of Caius Marius was killed of a yong man to whoÌ„ the tribune was doynge hurt and violence and the lawes in the pandictes do agre to kyll the consulle that was taken in adultery And in lyke case yf any be made enemyes they be laufully excused althoughe incoÌ„tiueÌ„tly thei aueuge their notorius iniuries as harpagê° accersed Cirius agaynst Astiagen who gaue to hym his Sone to beeaten ¶ Also when the Tyrane dyd commaunde Vnicencias a Certayne Cytyzen that he shoulde sende to hym his Doughter whiche to do after y e Citizen had refused the tyrane sendeth his Seruaunt who be violence brought here away in the mornyng beyng rauished and deflowryd he sendeth here agayn and cut in .ij. ¶ The father after he had delyberate the matter with his frendes sendeth the deade body beynge so cut to the senate venecius and to hym promiseth dedicion of the cyte thus the Tyrane is opressed to this Cytyzsen in a natorius iniury and so cruell at all tymes is laufull for a man to be made an enemy to a tiraunt be the lawe of the people Thyrdly yf y e iniury be not notorius ryghtly do the lerned meÌ„ in the lawe say that the not doynge of iustice of y â— magestratê ought to be tollerated suffred because the auctorite of thynges Iudged may remayne for priuat persons ought not to dyssolue the state of the coÌ„menwele nor to inuade empiers according to that sayeng he that resisteth a magestrat resisteth Gods ordenauÌ„ce wherfore Caius Cesar is not laufully kylled who because I wyll not speake of the cause of battell yet he occupied a magestracie that gyuen to hym be the lawes and coÌ„sent of the people neyther he toke awaye fro the coÌ„men wele lawes nor iudgementes he made no slaughter in the citie as other conquerours of Cyuill wars dyd neyther he dyd any notoryus or cruell iniuries to the Cytizins preuely or openly but he restored the enemys reuocated to there olde pristin dygnyte wherfore it was vnlaufull for him to be kylled for as I haue sayde before iniuries not notorius ought to be forgyuen to magestrates as Iason Phereus sayth that he which in a sume doth loke to Iustice do admit in the meane whyle many vnlaufull thynges in lyghter matters which oughte to be forgyuen to hym that defendeth the cheffest and chife parte of the Empiere conserueth the forme and shape of the commen wele Iudgementes and Lawes FOr a magestrat is as the very lawe for the lawe doth not coÌ„maunde onely of defencion of the body or thinges but it coÌ„mauÌ„deth fyrst of the glory of god and dyscyplyne as Paule sayth the lawe is ordeined to coaâ—cte a ponyshe vniust persons and blasphemors ¶ Therfore we oughte to thynke the magestrat and the lawe to be felowes one or equal and the principall fyne or coÌ„clusioÌ„ of the magestrat to be the consernuacion and keping of the lawe c. The magestrat which bereth y â— sword ought to prohibit also hereses .i. wycked vngodly techinges punishe he retykes that is auctors of euyll wycked tecahinges but in obscure thynges the cognicion of the churche goeth before thus properly the magestrat seruith the glory of god his fuÌ„ction is y â— worshyppinge of god wheÌ„ he studieth to defeÌ„d to propage ornate true lernyng coÌ„trary wese to prohibit wicked teachynges who that doth thus dothe his principall office whiche properly perteineth to the glory of God whiche properly deserueth that title wherwith magestrates be to garnysshed in the salme I sayd ye be Gods as who sayth because they haue their office deuinly constituted ordenid And they ought to gyue to men deuine thinges relygyon Iustice dyscyplyne peace and suche other ¶ And for this cause they be called of Esaias Nurses of the churche because they ought to noryshe and to defende Godly teachers ¶ And they ought not to exercyse cruelnes on Christan men nor lawes contrary to deuine or natural ought not to be obserued ¶ The Ecclesiasticall power is the deuine commaundement in teachyng the Gospell administra the Sacramentes ordaynynge the mynysters of the Gospell annuncyatynge remyssyon of Synnes to Euerye bodye or to many Constytutynge Iudgemedtes of doctrynes And those that be conuersaunt in manyfest delictes to excomunicate by the worde with out corporall strength here therfore briuely I do answere of Bonifacis constitucion that be the diuine lawe the Apostels or theyr successors haue not the sworde that is a right to coract by corporal streÌ„gth for they neyther haue ryght to occupy nor to coÌ„farre kyngdomes of the world many testimonies may be gathered heare of the Euangelyst Christ sayth my kyngdome is not of this world also the kynges of the gentyles haue dominion of them but you haue not so he diserneth heare .ij. powers He graunteth to kynges that they bere the rule and dominion he graunteth not to the apostles that they haue
dominioÌ„ or bere rule that is that they haue dominion or bece rule that is that they vse corporall strength because of theyr Mynystery And Paule saythe the weapons of our warrynge be nor carnall Chrisostome in the seconde Oracion of the dygnyties of pristes dyscerneth Magestrates to be Prophane and Epystopall ¶ To the Prophane Magestrates he gyueth ryght to coarcte by corporall strengthe But he denyeth Bysshoppes to haue that power But as to other Christians so also to Bysshoppes or Pastors of the Churche is lefull to holde and kepe theyr owne ryches and other gyftes because these thynges be polytycallye graunted to Christians so it is laufull to Bysshoppes to holde kepe theyr iurisdiccion geuen in suer gooddes whiche is a Ciuill thynge nothynge partaynyng to the proper offyce of a Bysshoppe As the arte of weuyng in Paule dyd nothynge pertayne to the gyfte or offyce of a Postle and yet Paule myghte be both a Postle and a wener ¶ But let Bysshoppes take hede and se les because of theyr ryches they be abduced from the office of teachynge and gouernynge the Churche and lokyng on the Doctrine of theym one whome they haue Rule ¶ The Emperoure dyd coÌ„maunde Ambrose that he shoulde gyue his Temple to the Arrians but Ambrose dyd not obey for it was not lefull to obey a commaundement of wicked and vngodly thinges and the Emperoure oughte not to take awaye a laufull ordenaunce from the Churche nor to make a wycked teacher to beare the rule of the Churche Ambrose was laufully ordayned and dyd teache well ¶ For a laufull ordenaunte dothe contayne a vocacion or eleccion whiche is made of the people or of then to whom the people dothe coÌ„mit that thynge and the approbacion of come Bysshoppes Further to Bysshoppes dothe partayne to constitute Iudgementes of learnynges and to conuocate synodes as the olde constitucion was that euery Bysshoppe shoulde twyse euery yere haue synodes of theyr Churches and the Apostles had theyr synodes and when Paule Samosathen dyd sow wicked and vngodly teachynges the Bysshops next adioynynge came together to Antioche and the churche of Antioche adhybytyd they damned the Bysshop ¶ But as it is sayde before in contrauersis of lernyng Bysshoppes ought not onely to Iudge but mete and apte men ought to be electe and chosen of the whole bodye of the Churche because the chyfe Iudgement oughte to be of the Churche that is not onely of Bysshoppes Therfore for this verye cause that the auethoryte of the Churche is the bygger when Bisshoppes do not theyr office ought Emperoures and Kynges conuâ—cate synodes euen also as constantyne dyd coÌ„maunde certayne synodes and coÌ„maundeth that those whiche would not come to the synodes shoulde haue taken from them theyr Bysshoppryckes ¶ Thus farre I haue spoken of the deuersite of eyther power ¶ And although we haue dystynquid the powers yet it may be animaduerted y â— y â— ciuill power oughte to serue the churche because of discipline eueÌ„ as euery magestrate of an house is a minister anexecuture of the church in his famely we ought all obey the mynyster of the worde so the magestrate is the mynyster and executure of the Churche in the coÌ„men wele and he also oughte to obey the mynistery of the worde and that to worshyp as a deuyne thynge accordynge to that sayeng open you your gates you princes c. ¶ Thus endeth the Ciuill nosgaye ¶ Imprynted by me Robart Wyer for Ihon goodale Relygion Iustice Vniuersalis Iusticis Perticularis Iusticis Iustice distributyne Degrs i the churche Vnlearned bysshop marius Catulus A famely Plato â–ª The lawe of nature Maryage Magestrates to obey Magestrates Posytyue lawe Posytyue lawe To obey the lawes Obedyence Fere of paynes Edictes of Magestrates The best citesme A ciuill Magestrate CoÌ„men traquillite Kynge Iosaphat The feare of God to be with Iudges The chife fyne of mans societe Vngodly worshyppdâ—ge Nabygodonisor and darius Cognicion of doctrine Rygore of the lawe Equite Manlyus torquatus Papirius Peâ—aciâ—es Aropagites Mitegacion of payne Extreâ— iniury 〈◊〉 Anteoâ—hius Athens â–ª Iheramenes Collega Critias Calupniacion in the lernyng of religion Equite Trasibulus Desoâ—mer cederacte Dauid Ceremonyalles Ezachias Prayers The Machaeâ—iis The sabothe dayâ— The supiriour Lawe The Lawe writen Homicides Patrâ—clus The saboth daye Tradicius Tradicius Equitie hath place Lawes written pharmacum wherof Lawes oughte to bâ— madâ— â–ª The magestrat do punyshe heretykes Magestrat be Nurses to the churchâ— The ecclesiasticall power â–ª Euangetyst Affectated ignoraunce Ygnoraunce stenola Syster of Iacobes Wyfe Not voluntary Dole or decâ—yte Soden chaunce Adrastus Voluntarys Caâ—â—â—â—ne fuluiê° Helueâ—ons Harpagus Cirius Vnicencias Dedicion Not notorius Caius Cesaâ— Iason Phere â–ª The magestrate and the lawe be felowes The magestrat do punyshe he retykes Magestrat be Nurses to the churchâ— The ecclesiasticall power The coÌ„stitucioÌ„ of bonefacis The wâ—pone oâ— the ecclesiastiall power Prophane magestrates and epystopall The churche to kepe there ryches Ambrose Laufull ordaynnaunce Bisshoppes to haue twyâ—e euery yeare theyr synodes The iugemente oughte to be of the churche Emperours kynges ought to conuacate synodes Euerye master of an house in a mynyster of y â— churchs