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
proportionally of all inferiour magistrates To which I must needs adde that the honour wealth and preseruation of a king is indeede the honour wealth peace and good of his people So that euery way the kings owne loue is respected and his own honour and good procured Obiection 2. If the king by his vngodly gouernment may become a tyrant then may his subiects resist his proceedings then may they depose him from his royall Diademe Scepter and Regalitie The Answere I answere that a kingdome may be possessed two waies viz by election and by succession or discent of blood royall They that are kings the first way as the Emperour of the Romans the king of Polonia and if there be any others of like sort if they change their gouernment into tyrannie and violate the lawes to which by couenant oath and promise they stand obliged in their election they I say may be deposed by the same power authoritie by which they were inuested into their throne The reason hereof is euident because the possession right and vse of their regall authoritie is not independant absolute but conditionall and relatiue and consequently such a King degenerating from his oath and promise standeth at the curtesie of his electors concerning the interest possession and vse of his prerogatiue royall But they who are Kings by discent and succession in blood royall as is our most wise pious learned and religious Soueraigne who happily this day raigneth ouer vs haue an absolute and independaÌ„t soueraigntie ouer their subiects which neither doth nor euer did stand in the curtesie power and pleasure of their people For Kings by succession and discent in blood royall are Kings Ipso facto so soone as their auncestors are deceased euen before the act of their annointing and Coronation as also before the oathe which vsually they take for the godly administration of their kingdomes Such ceremonies though they be very comely and expedient for sundrie respects yet are they not any essential part of their princely rights and royall prerogatiue how necessarie soeuer some esteeme the same deeming them no Kings without them And consequently their proceedings may not vndutifully be resisted much lesse may their authoritie begain said and least of all may their sacred persons be deposed from their Sâ—â—ptâ—rs and prerogatiues royall No no not though they should degenerate and fall into tyrannie or flat Atheisme and Apostaâ—â—â— And yet I freely graunt that as the king is aâ—â—â—â— his Bishops in respect of his royall Regiment and hath power to correct and punish them yea euen to depose and displace them as King Salomon deposed Abiathar if the cause so require So semblably is the Bishops power in respect of his Ministrie touching exhortation and rebuking aboue the Princes In regard whereof the good Bishop Saint Ambrose is highly commended for his Godly zeale and Christian courage in reprehending the Emperour 〈…〉 But withall this must euer be remembred and most loyallie obserued of all Bishops in Christes Church that the Prince though full of notorious crimes may neuer bee shunned neither of the people nor yet of the Bishops because he is appointed of God to be their gouernour Much lesse may the people for sake their obedience to his authoritie because they must forsake their obedience to his vices Hee may be shunned priuatelie and his vices detested generallie but loyall obedience and faithfull seruice may neuer be denied him Hec may bee admonished by the Bishoppes in the court of Conscience concerning his publique offences but he may neuer be iudged in the court of their Consistorie touching his Royal power and Princely prerogatiue He may be reprooued if his faults be publique and notorious but his subiects may neuer depose him because their authoritie stretcheth not so farre Hee hath no Iudge that can punish him but the great Iudge of all euen the God of Heauen Of which subiect I haue elsewhere disputed more at large The generall councel of Constance where was present that great learned Doctor Iohannes Gerson then Chauncelour of Paris condemned it for a notorious heresie and him for an Heret que that held the same viz. to holde and maintaine it to be a thing lawfull for the subiects to kill euery Tyrant that reigned tyrannically ouer them Where wee must obserue marke seriously the word euery For the Councell condemneth not the killing of those Tyrants which raigne tyrannicallie by violent intrâ—sion and vnlawfull vsurped possession but the killing of those Princes though raigning tyrannically and liuing most licentiously who were inuested and â—thronized into their kingdomes by lawful descent of blood royall and auncient hereditarie succession CHAP. II. Of the chiefest and best kinde of Gouernment ARistotle that famous Philosopher hauing reckoned vp the three former kindes of Gouernment adjoyneth forthwith these golden wordes Atque harum optima quidem est regnum deterrima verò censuum potestas And the best of these Gouernements is a Monarchie or Kingdome but the worst is a Democratie The Israelites and people of the Iewes were euer gouerned by a Monarchie euen from Adam vnto Christes most sacred Aduent For first the Patriarkes had the rule and gouernment Secondly Moses and Iosua were the leaders and gouernours of the people Thirdly Gedeon Iair Samson and others did rule and iudge the Israelites Fourthly Kings Saul Dauid Salomon Iehosaphat Ezechias Ioas and others Fiftly Zorobabel and the Machabees were gouernours And this gouernment continued euen from the Captiuitie vntil Christ. This kinde of gouernment to bee the best may easilie be prooued as well by the manner of Mans creation as by the naturall propension giuen vnto him Touching the manner wee are all framed of one not of many The Protoplast Adam of the earth of him Eue of them twaine all the rest Herevppon Saint Chrysostome who for his great learning and Eloquence was surnamed the golden mouthed Doctor concludeth a Monarchie or Kingdome to bee the best kinde of Gouernment vppon earth His wordes are these Equidem si quanquam hoc sint pacto geniti primus tamen statim hominum semine parentum procreatus adeo insaniuit tantam rixam tantam inuidiam Diaboltes seminauit quid put as fecisset si non ab eadem prorsus radice pullulasset genus hâ—marum deinde hunc imperare illam subesse iussit esse n. inter aquales amulationem nouit itaque noâ—uit esse Democratiam sed Regnum For although they be thus be gotten yet if hee that was the first man produced by the seede of his parents did so rage and was so furious and if the Diuell also did raise vp such contention and enuie what thinkest thou would hee haue done if mankinde had not issued out of the same â—oote He therefore commanded the one to rule the other to obey For he knew that emulation would arise among equalls He therefore would not haue a Democratie or popular state but a Kingdome Thus writeth this learned â—ather
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
conservandam aptius videtur prolocorum personarum temporumratione Nam cuncta haec ad Pauli regulam dirigenda sunt vt omnia decentèr ordine fiant Wherefore hence it commeth that the Church hath power and commaundement to choose her Ministers And this may bee performed either by the whole Church or by faithfull men chosen of the Church for this ende and purpose as shall bee thought more commodious profitable and fit for the conseruation of peace respect being had to places persons and times For all these things must bee reterred to Pauls rule that all things be done decently and in order And a little after the same Writer hath these wordes Habent autem istisuam potestatem exeo quod a tota ecclesia detecti sunt quaeex verbo Deipotestatem mandaâ—nÌ„ habet eligendi ecclesiae ministros But these men haue their authoritie for that the whole Church hath chosen them which by Gods word hath power and commandement to choose the Ministers of the Church Thus writeth this learned man Out of whose words it is most apparent cleare that all power is graunted vnto the whole Church who to auoyde confusion and for order sake committeth her authoritie to certaine chosen persons Which persons are the Bishops and Prelates of the Church say I and all antiquitie will confesse the same with me For neither Councels Fathers nor auncient Canons doe make any mention of the late vpstart presbyterie The Second text is fathered vpon Saint Paul where he saith let him that ruleth doe it with diligence The third text is drawne from the same Apostle where he telleth vs that God hath ordained in the Church some Apostles some Prophets some teachers some workers of miracles after that the gifts of healing helpers gouernours To these two texts which are of one and the same effect for the establishing of the presbyterie I answere in this maÌ„ner First that the Apostle in both places may be vnderstood indifferently either of ciuill gouernours and gouernment onely or of ecclesiasticall onely or of both ioyntly consequently that the text cannot be racked so that it must perforce be vnderstood of the vnpriested Seniors of the Presbyterie especially seeing it may as fitly if not more truly be vnderstood of Kings Monarches and other ciuill christian Magistrates to whom the chiefe care and ouersight appertaineth of all persons and causes within their kingdomes territories and dominions Secondly that the original Greek word Cubernesejs signifieth gouernments not gouernours So that thereupon cannot be inferred necessarily any distinct gouernor from the afore-named Apostles prophets and Doctors For diuers offices may bee and often are coincident in one and the same officer And for this respect when the Apostle commeth to the repetition of his former assertions and should by order haue mentioned the gift of gouernance he passeth it ouer in silence albeit he reckoneth vp the other seuerally Wherby hee giueth vs to vnderstand that hee containeth the same either in all or in some one of the former offices or gifts Thirdly that none of the holy Fathers in their Commentaries did euer gather out of these texts or the like any vnpreaching Seniors Fourthly that both maister Caluin maister Bucer and maister Martyr doe extend these places to all kinde of gouernment The fourth text is taken from the Epistle to the Ephesians which proueth nothing at all because there is no mention made in that place of any gouernours saue onely of Apostles Euangelists Prophets Pastors and Doctors None of which doubtlesse can be their vnpriested Elders The Fift text is borrowed from Saint Paul to Timothie where he saith the Elders that rule well are worthy of double honour specially they which labour in the word and Doctrine This text I graunt hath some colour though no truth of that which is in question But I answere that the Apostle vnderstandeth by Elders such as are ministers of the word or else of the Sacraments I proue it first because Saint Hierome Saint Chrysostome and Saint Ambrose yea and maister Caluin himselfe where hee speaketh purposely of Seniors doe so vnderstand the word Elders Secondly because the originall Greeke worde Coptôntes which signifieth to labour painfully doth argue a differeÌ„ce betweene Elders of the same calling whereof some laboured more painfully then others did the meaning of the Apostle is this and no other that laborious and painfull Elders are so much the more worthy to be graced with greater honours by howe much greater paines and troublesome turmoyles they vndertake in their ministerie For by the word labour Saint Paul vnderstandeth no ordinarie vulgar and meane exercise but an extraordinarie vehement and most painfull labour such as Timothie Titus Luke Marke and others were well acquainted withall Thirdly because the Apostle if hee had meant that some Elders did neither preach nor administer the Sacraments would haue added which labour in the word and administration of the Sacraments for it had been as easily said as which labour in the word and doctrine but because there were some that laboured onely in the word and doctrine and other some likewise who laboured in administring the Sacraments hee saide Coptôntes which labour painfully to distinguish them from such as laboured in the same kind and office though not in so laborious and painefull maner The fift proposition THe constitution of the earnestly wished and long expected English presbyterie doth ouerthrowe it selfe and can no way be defeÌ„ded I proue it first because diaconesses or widowes are no lesse required in the holy scripture then are Deacons neither are the one more extraordinarie or temporarie then are the other And consequently the frame or building of the presbyterie is not perfect seeing it consisteth onely of these foure Pastors Teachers Elders Deacons And to answere as some doe that there must bee godly poore widowes when they can bee gotten is not to the purpose For if Gods appointment and order may bee altered in widowes because sit women cannot bee gotten euen so may wee excuse the want of their ruling vpriested Seniors as also the want of their Preaching Ministers For the necessitie and want of sit persons is equall in them all I proue it Secondly because Pastors and Doctors or Teachers are not distinct officers but are taken in holy Writ for one and the same For Saint Paul hauing seuered Apostles Prophets and Euangelists addeth to them Pastors and Teachers by a coniunction copulatiue which hoe would not haue done doubtlesse if hee had deemed them to bee different orders Saint Hierome is iumpe of mine opinion and reasoneth after the selfe same manner And Saint Austen beeing demaunded of Peulimis what difference was betwixt Pastor and Doctor a pastor and a Teacher answered in this sort viz. That they were all one because hee cannot bee a pastor who hath not Doctrine wherewith hee may feede the flocke committed to his charge Maister Bullinger decideth the controuersie in plaine tearmes
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
an Israelite more addicted to idolatrie then were the Gentiles Besides this the wicked pretensed Queene Athalia had traiterously murdered and wholy extinguished all the lawfull royall blood the yong childe king Ioas onely excepted whom God contrarie to her knowledge had miraculously preserued and withall shee had set vp the worship of Baal Wherefore it was the parts of the Priests and Peeres of the Kingdome to protect the King to defend his royall right to suppresse the vsurped power of Athalia and to deliuer the King his kingdome and themselues from the confused Ataxia Idolatrie bloodie tyrannie which she had brought vpon them by her violent intrâ—sion and vniust vsurpation of the royall right of Ioas their Lawfull King and vndoubted soueraigne So then albeit the Ministerie of feeding of Preaching Gods word and of the administration of his Sacraments pertaine onely to his ministers neither may the meere ciuill magistrate in any wise intermedle therewith yet for al that most true it is that the prouision for the food the ouer sight that the children of God be duly fed and that the ministers doe exercise their functioÌ„s in vigilant dutifull manner belongeth to the ciuil independant and absolute princes For this respect is it that Kings and Queenes haue the names of nurses not for that they nourish their children in ciuil matters onely but as in ciuil so also in spirituall that is to say in lacte verbi dei in the milke of the word of God For though the execution pertaine to the ministers yet the prouision direction appointment care and ouer-sight which is the supreame gouernmeÌ„t indeed belongeth onely soly and wholy to the prince For this cause is it that King Ezechias highly renowned in holy Writ though he were but yong in yeares did for all that in regard of his prerogatiue royall and supreame authoritie in causes ecclesiasticall call the Priests and Leuits his sonnes charging them to heare him and to followe his direction and commandement for so are the words of the text This notwithstanding I graunt freely and willingly that ministers in the action of their ecclesiastical function church-ministerie are aboue all christians aboue Queenes Kings and Monarches representing God vnto them teaching admonishing rebuking them euen as all others following the godly example therein of S. Iohn that Baptist. Yea if need so require and that the vices of the princes kings and monarches be notorious scandalous to the whole church the Bishops may denounce such potentates to be enemies to the truth aduersaries to GOD and no true members of the Church but forlorne people to be reputed as Ethnicks publicans vntill they giue true signes of vnfeyned repentance But withall this must euer be remembred and most loyally obserued of all Bishops in Christs Church viz. that the prince though full of manifest vices most notorious crimes in the world may neuer be shunned neither of the people nor of the Bishops seeing God hath appointed him to bee their gouernour Much lesse may the people forsake their obedience to his sacred prerogatiue royall and supereminent authoritie And least of all for it is most execrable damnable and plaine diabolicall may either the people alone or the Bishops alone or both ioyntly together depose their vndoubted soveraigne though a Tyrant Heretique or Apostata For all loyall obedience and faithfull seruice in all civil affaires and whatsoever els is lawfull they must euer yeeld vnto him He may bee admonished by the Ministers in the Court of conscience concerning his publique offences but he may neuer bee iudged in the court of their Consistorie touching his power royall and princely prerogatiue their power is only to admonish and rebuke him and to pray to God to amend that is amisse Hee hath no iudge that can punish him but the great iudge of all euen the GOD of heauen Note the answeres to all the obiections following marke them seriously The 2. Obiection Great learned men doe hold that there were vnpriested Seniors in the Primitiue Church who together with the Pastors did gouerne the Church And the same is this day practised in many reformed Churches The Answere I answere First that I doe not condemne the practise of other reformed Churches but teach plainly and Christianly that euery Church hath freedome libertie and authoritie to make such canons orders ordinances and constitutions as shall bee thought most meete fit and conuenient for the external gouernment thereof Which thing I haue already proued not onely by the practise of the Church in all ages but also by the vniforme assent and constant verdict of best approoued Patrons of the reformed Churches in this age Secondly that those great Patrons of the reformed Churches who deeme vnpriested Elders to be convenient for their particular precincts free cities and common weales doe for all that thinke an other gouernment more fit for Christian Monarchies and doe highly commend the same I might alledge the ioynt testimonies of M. Gualter M. Hemingius M. Bucer and of many other famous late Writers But in regard of breuitie onely M. Musculus shall content me for the present These are his expresse words Principio vt constituat ecclesiarum ministres vbi illi desiderantur sive eligat eos ipse five ab alijs iussu ipsim electos confirmet Neque n. convenit vt praeter authoritatem potestatis publicae public a quisquaÌ„ numer a in ecclesia obeat Dices at secùs factuÌ„est in primis ecclesiis in quibus a ministris ac plebe eligebantur ecclesiarum antistites Respondeo talis tum ecclesiarum erat status vt aliter non essent eligendi ministri propterea quod Christiano magistratu destituebantur Sirevocas temporum illorum mores primùm conditiones ac statum quoque illorum revoca First it is the dutie of the ciuil magistrate to constitute the ministers of the church where they be wanting whether he choose theÌ„ himselfe or confirme those which others by appointment haue chosen For it is not meete that any minister execute any function in the Church without the authoritie of the publique Magistrate You will say But it was otherwise in the Primitiue Church where the Ministers and the people did choose their Gouernours I answere the state of the Church was then such that the Ministers of the Church could not be chosen otherwise because then they were destitute of a Christian Magistrate If thou wilt vse the manners of that time thou must first call againe the condition and state of that time Out of these words I note many golden obseruations First that the ciuill Magistrate may appoint and elect the ministers of the Church Secondly that none can lawfully execute any Church-foundation or bee a Minister of the Church without election assent authoritie or confirmation of the ciuil magistrate Thirdly that the ciuil magistrate may either choose the ministers himselfe or appoint others to doe it Fourthly that the gouernment of the
Saint Chrysostome in these golden wordes Neque ideo solum sed vt tu disceres quontam super te quoque cum Sacro Fonte dilueris Sanctus Spiritus veniat iam vero non visibils specie qua vtique non egemus cum nobis pro cunctis sola fides sufficiat Nam signa non credentibus sed incredulis dantur Neither did the Doue appeare onely for that end but that thou also mayst learne that the Holy Ghost commeth vpon thee when thou art washed in the holie Font bu that appearance is not nowe adayes in any visible shape whereof wee haue no neede seeing sole faith sufficeth for all For signes are not giuen to the faithfull but to the incredulous persons These things well pondered the obiection against the booke of Common prayer will bee to no purpose vnlesse perhaps it will bee a caueat for the Author which I heartilie wish to write and speake more circumspectly in time to come For I verily am perswaded that all things contayned in the booke of Common prayer are agreable to the holy Scriptures the practise of the Church in the purest times and composed with such Iudgement Pietie Learning and Religion that all the wisedome in the worlde is not able iustlie to controll the same In so much that I wonder and greatly admire the audacious temeritie of manie who being of small reading and learning and of no iudgment and experience if they bee compared to those auncient graue Godly wise and learned fathers that compiled the booke of common prayer dare presume to condemne the same with theyr bitter invectiues vntimely censures and vnchristianlike Anathematizations True it is that Saint Hierome saith Nec sibi blandiantur si de Scripturarum capitulis videntur sibi affirmare quod dicunt cum Diabolus de Scripturis aliqua sit locutus Scripturae non in legendo sed in intelligendo consistunt Neyther must they slatter themselues if they seeme in their owne conceits to prooue so much as they say seeing the Deuill himselfe alleadged Scripture against our Lord Iesus and the Scriptures doe not consist in bare reading but in true Sense and meaning Would God this graue aduise giuen by this holy auncient and learned Father might be a president and constant rule in this doleful age to all nouices superficiall diuines and young students in Diuinitie who more rashly then Clerklie take vpon them to controll not onelie our most Reuerend Fathers the graue wise and learned Byshops but euen the whole Synode assembled in the Conuocation house yea and the King himselfe to walke circumspectlie to liue obedientlie to think modestlie of their own gifts not to esteeme better of themselues and their iudgements then there is cause but to thinke that a learned Synode can see as farre as they and would as gladly goe to Heauen as they and consequently to ponder with themselues seriouslie that it is a too too malepeart saucinesse for young heads and superficiall Diuines of slender Iudgement and lesse reading of the holy Fathers auncient Councells and Ecclsiasticall hystories to censure and controll not onely the Godlie setled Lawes of our Christian Kingdome but euen of the continuall practise of the Churche in all ages I my selfe am about three score yeares of age I haue endeuoured by Prayer and painefull Studie to attayne good literature euer since I was fiue yeares of age I haue liued conuersed studied disputed in manie famous Vniuersities aswell in England as in forraine Countries I haue employed my whole care industry and diligence now for the space of thirty yeares and odde to vnderstand Gods word aright to know what hath bene the practize of Christes church in all former ages and for that ende and purpose I haue for the space of thirtie yeares and odde prouided all the auncient Fathers Councells Hystories Ecclesiasticall and Chronographycall so far forth as my abilitie was able to extend and reach and that nothing should be wanting in this behalf I haue borrowed bookes where I could and haue also had recourse to the best Libraryes both in the Vniuersities els where to the end I might gather notes out of such bookes as I was not able to buye and prouide In which behalfe not my selfe onely but all such as reape anie commoditie by my painfull labours are more then a little beholden to these most Reuerend Fathers Iohn the late Arch-byshoppe of Canterburie Richard now the L Arch-byshoppe of Canterburie and Tobye the L Bysh. of Durham who haue for themselues the good of others most excellent costly and goodly Libraries to which I haue found free accesse at all times when I desired All this beeing performed I haue verie seriouslie weighed pondered and considered what the Papists Arrians Macedonians Eutichians Nestorians Donatists Carpocratians Ebionites Tatians Manichees Brownists and other Sectaries doe and can say for their opinions and this notwithstanding I finde the Doctrine and the Godlie setled Lawes of this Church of England amongst which I place the late Canons of Anno. 1604. to bee consonant to Gods word to the vsuall practise of the Church in all former ages These things I vtter in these tearms because I heartilie wishe to perswade all such as are carefull of their saluation to yeeld obedience to higher Powers and not to bee carryed awaye with the Sugred words of superficiall Diuines but to learne that obedience is better then Sacrifice I am now likelie euen by the course of Nature shortly to forsake this worlde and therfore I doe not seeke any preferment for my paines which I neuer to this daye hunted after and much lesse doe I seek to draw men into errrours and so to make shipwracke of mine owne Soule No no my purpose God is my witnesse is farre otherwise as who am perswaded so fullie of the Doctrine which I deliuer that I am not affrayde to ende my life in the same The second member of certaine Rites and Ceremonies vsed in Baptisme New-fangled oddely conceited persons do scornfullie inueigh against interrogatories ministred at Baptisme against Godfathers Godmothers Fonts and otherlike Ceremonies as things vnknowen in the time of the Apostles To whome I answere in this manner First that manie things are this day lawfully done in the Church which were not in vse in the Apostles time This is already prooued Secondly that the custome of the Church in things indifferent is to be esteemed among Christians for a Law This is likewise prooued And let him that holdeth the contrarie opinion tell mee by what lawe hee can iustifie that formall coniunction of men and wemen in holy wedlock which is vsed not onely in our Church of England but also in purest reformed Churches euerie where Hee shall neuer bee able to alleadge any ground in that behalfe but the vnwritten traditions of the Church Of which traditions th' Apostle spoke as learned interpreters tell vs when he said he would set other things in
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