and best learned of the church as also of the common-weale of England vntill these last and worst dayes in which some fewe young Doctors of small reading haue audaciously taken vpon them to censure both our church and Kingdome in that behalfe 2. that it is noe small sinne for the inferiour to disobey the Lawe of his superiour in indifferent things of which sort and order is euery oath clad with circumstances to this case appertaining as it may euidently be prooued by the testimonie of the best both olde and moderne Writers It were enough for tryall hereof to call to minde what is alreadie Written But for better satisfaction of the friendly Reader I am content to alledge their testimonies whose iudgements the male-contents themselues will easily admit Maister Beza hath these expresse wordes Res alioqui per se mediae mutant quodammodo naturam quum aliquo legitimo mandato vel praecipiuntur vel prohibentur quia neque contra iustum praeceptum omitti possunt si praecipiantur neque contra interdictum fieri si prohibeantur Sequitur si n. conscientias propriè solus deus ligat tamen quatenus vel magistratus qui dei minister est iudicat interesse reip vt quippiam alio qui per se licitum non fiat vel ecclesia ordinis decori adeoque aedificationis rationem habens leges aliquas de rebus medijs ritè condit eiusmodi leges pijs omnino sunt observandae eatenus conscientias ligaÌ„t vt nemo sciens prudens rebellandi animo possit absque pece cato velfacere qua it a prohibentur vel omittere quae praecipiuntur Things otherwise of themselues indifferent doe after a sort change their nature so soone as by any lawfull precept they are either commaunded or prohibited because they neither can be omitted against a iust mandate if they be commaunded neither yet be done against an interdict when they are forbidden For albeit God alone doth properly bind the conscience yet for all that when the Magistrate being Gods minister iudgeth it expedient for the publique weale that a thing otherwise of it selfe lawfull be not done or the Church hauing respect to order and comlinesse and consequently to edification ordaineth lawes touching things indifferent then such Lawes must be altogether obserued of the godly and they so farre bind the consciences that no man can wittingly and willingly with a rebellious minde either doe the things so forbidden or omit the things so coÌ„manded but he shall thereby become guiltie of sinne Maister Martyr hath these wordes Quare hand nos latere oportet c. Wherefore we must not be ignorant that in the church there be three vertues of traditions Some of them are euidently deduced and gathered out of the Scriptures And touching this kinde all the faithful are bound to communicate together Other some are wholy repugnant to the word of God they must be reiected by what authoritie so euer they be obtruded And there be a third sort of traditions which we may call neutrall or indifferent because they are neither contrary to Gods word nor yet necessarily ioyned thereunto In which last kind we must obey the church three cautions being obserued First that they be not obtruded as a part of Gods worship or peculiar holinesse but as pertaining to order the ciuill commoditie of the church to comlinesse in diuine actions for all things are contained sufficiently in the holy Scriptures which pertaine to Gods worship and holinesse Secondly that they be not reputed so necessarie but that they may be changed if time so require Let the church keepe her interest in these indifferent things to appoint what shall bee thought most necessarie and meete to edifie the faithfull Last of all let not Gods people be burdened with too great a multitude of them Thus writeth this learned man The Churches in Heluetia in their confession of their faith after a long discourse of rites and things indiffeâ—â—nt added these wordes Semper vero ecclesiae in huiusmodiritibus sicut medijs vsae sunt libertate id quod nos quoque facimus The Churches in such rites as in things indifferent haue euer vsed their libertie which libertie our selues also challenge The Churches in Svevia in their confession haue these wordes Tales multas sanè ecclesia hodie iure obseruat pro occasione quoque condit novas quas qui reiecerit is non hominum sed dei cuius traditio est quaecunqus vtilis est auctoritatem contemnit Many such traditions the Church this day obserueth aright and as occasion requireth she appointeth and maketh new ones which new orders whosoeuer shal reiect he contemneth the authoritie not of men but of God Out of these testimonies of these famous godly zealous and most learned writers I obserue these golden lessons First that things of their own nature indifferent doe after a sort change their nature so soone as they be coÌ„manded to be done or left undone by the setled lawes of the Church Secondly that they bind the consciences of all persons subiect to the Churches iurisdiction so far and in such sort that they caÌ„not at any time or in any place transgresse the same without great sinne if such transgression be ioyned and annexed either to scandall or contempt Thirdly that whosoeuer reiecteth such lawes and ordinances of the Church contemneth the authoritie of God not of men Fourthly that he sinneth grieuously who either doth the things which the Church prohibiteth or omitteth the things which she commandeth to be done so long as her commandements remaine within the limits of things indifferent which she appointeth for order decencie and the common good of the Church I answere thirdly that the Church hath authoritie to impose euery lawfull ordinance and constitution which she deemeth profitable for the Church vpon euery person subiect to her iurisdiction This point is sufficiently proued alreadie both in this present Chapter and in many others throughout this discourse So that henceforth one onely thing remaineth for me to proue viz. That to minister the oath ex officio whereby one is bound to accuse himselfe is either a thing lawfull of it selfe or else Adiaphoron and a thing indifferent of it owne nature I attempt the proofe Euery thing is either good of it selfe as God the author and giuer of all goodnesse or euill of it selfe as the blaspheming of God or indifferent of it owne nature as golde money oyle wine and such like Now if the oath ex officio be good in it selfe then doubtlesse the Church may minister it to her subiects with out offence None that hath sence or reason will or can for shame denie the same Againe if it be Adiaphoron a thing of it owne nature indifferent then it is likewise in the power and libertie of the Church to impose the same vppon euery member within her iurisdiction This is so sufficiently proued as no deniall can bee made thereof It
into his Court and gaue him an honourable charge to ouersee his house where his purple was dyed at Tyrus Nicephorus Callistus in his Ecclesiasticall Historie telleth vs of one Philaeas a famous Bishope and blessed Martyr who as hee reporteth got great credite for his dexteritie in deciding ciuil causes committed to his charge But to let others passe let vs heare what a famous late writer saith who fauoured the presbyteriall Discipline so farre foorth as either by learning or safe conscience hee could agree therevnto These are his expresse wordes Interim non diffitemur episcopos qui simul etiam principes sunt praeter authoritatem ecclesiasticam sua etiam hebere iura politica seculare sque potestates quemadmodum reliqui habent principes ius â—â—perands secularia ius gladij nonnullos ius eligendi confirmandique reges imperatores aliaque politicae constituends administrandi subditosque sibi populos ad obedientiam sibi praestandam cogendi Ac proinde jatemur politicis horum mandatis quae sine transgressione legis divinae servari possunt a subditis obtemperandum esse non solum propter timorem sed etiam propter conscientiam Neuerthelesse wee doe not denie that Bishops which are also Princes may besides their authoritie ecclesiasticall haue also politicall right and secular power like as other Princes haue right to commaund secular matters authoritie to vse the sword authoritie to choose and confirme Kinges and Emperours to constitute and administrate other ciuill affaires as also to compell their subiects to yeelde obedience to them in that behalfe And therefore wee graunt that their subiects must obey their civill commandes which may be kept without offence of Gods law and that not onely for feare but also for conscience sake The same Zanchius in an other place hath these wordes Quis autem illis omninò obediendum esse quo iure quaque iniuria principes suerint creats ex testimonijs a me allao us non videat apertè demonstrari cur n. qui subdits sunt Moguntino Colontensi Trevirensi principibus imperij simul archiepiscopis in rebus cum pietate christiana non pugnantibus non obtemperent seditiosorum certè fuerit non obtemperare Quodsi istis cur non etiam Romano ijsdem in rebus candem ob causam qui sub eius vivunt imperio eadem n. horum omnium est ratio And who cannot see it euidently proued by the examples which I haue alledged that they must bee obeyed vndoubtedly whether they be by right or no right created Princes For why shall not subiects obey in things not against Christian pietie the Princes of the Empire being also Arch-bishops of Moguntia Colen and Trevers it is doubtlesse the properietie of sedicious persons not to yeelde obedience vnto them And if these must bee obeyed why not also the Bishop of Rome in the same matters and for the same cause of those that liue within his Empire for there is the like reason of them all Thus writeth the famous and great learned Doctor Zanchius Out of whose resolution I obserue these points for the good of the gentle Reader First that Ecclesiasticall and Civill iurisdiction are compatible and may both be in one and the same subiect at once Secondly that Bishops which are also Princes may together with their Ecclesiasticall iurisdiction haue also secular power and authoritie to vse the sword and such like Thirdly that the people within their dominions and liberties are bound to obey them Fourthly that they must obey not onely for feare but euen for conscience-sake Fiftly that whosoeuer shall disobey such Bishops and Arch-bishops doe shewe themselues thereby to be seditious fellowes To which I adde that this doctine of this great learned man who was a most zealous professour of Christes Gospell doth flatly confound and euen strike dead pronouncing a sharpe vae vobis to all such as shall obstinately refuse to obey our Bishops and Arch-byshops here in England For whatsoeuer can be obiected against our Bishops why wee shall not obey them the same may be alledged against those Bishops of which Zanchius speaketh in this place Yea our Bishops are as lawfully created Barons and doe this day as lawfully enioy their temporall Baronries for ought I know by the free donation of the Kings of this Realme of famous memorie as doe the Bishops of Germanie I therefore conclude from a good foundation surely layd that Bishops and Arch-bishops aswell concerning their names and titles as their authoritie iurisdiction and superioritie ouer other Ministers are both lawfull necessarie and agreeable to the practise of the Catholique Church in all Ages and consequently that none will or can denie the same but such as are either wholy ignorant in the auncient Councels holy Fathers and ecclesiasticall histories or else maliciously bent to speake against their owne knowledge and wittingly and willingly to oppose them selues against the knowne truth Yea Maister Calvin graunteth freely that hee which is Lorde of a Village or Citie may exercise the office of teaching CHAP. VII Of the Churches authoritie in things indifferent The first aphorisme of things de facto altered in the Church MAny things being in their owne nature indifferent haue beene changed in the Church by her authoritie as the circumstances of times places and persons did require First our Lord Iesus did celebrate the holy Communion and memoriall of his sacred passion in the euening after Supper Yet the Churches custome this day is and euer was to celebrate the same in the morning before Dinner Secondly Christ did celebrate the same vsing vnleauened bread therein but the reformed Churches doe this day vse leauened bread without offeÌ„ce in so doing Thirdly Christs Apostles receiued the blessed Eucharist fitting but the custome of the Church hath euer beene to receiue the same kneeling And they that would seeme to haue most spiced consciences will not sticke to receiue it standing or walking Fourthly Christ washed his Apostles feete willing them to followe his example and to wash one anothers feete Fiftly the Apostles made a solemne Decree affirming it to proceede from the holy Ghost to abstaine from blood that which is strangled And yet the church many yeares agoe haue wholy altered that holy ordinance and Apostolicall constitution Sixtly Saint Paul after hee had willed the Corinthyans and vs in them to be followers of him euen as he was of Christ telleth them and vs plainly that euery man praying or Prophesing hauing any thing on his head dishonoureth his head And yet at this day smalaccount is made therof This point will be made more plaine when I come to speake of the oath Ex officio The second Aphorisme of things not expressed in the Scriptures and yet decreed by the Church to be obserued and kept IN the church of the Hebrewes wee read of many approoued constitutions for which there was no warraÌ„t in the written word First King Salomon appointed a solemne
simus in nimio rigore superstitiosi For we this day make no scrupulositie of conscience to retaine still those Churches which were polluted with Idols and to apply them to a better vse because that which is added to the Lawe by way of consequence doth not bind vs. I graunt willingly that all those things which tend to the planting of superstition ought to bee taken away so that by precise vrging of that which is of it self indifferent we be not in too much rigour superstitious Thus writeth Maister Caluin Out of these wordes of these two great learned Fathers I note these worthy lessōs First that things superstitiously abused may be applied to the honour and seruice of God Secondly that things which were superstitiously vsed may after their application to a good and godly vse be resembled to those persons who of Idolaters are become good Christians Thirdly that God himselfe hath taught this to be so at two seuerall times in two distinct subiects First when he commaunded the wood of the groues which had beene dedicated to the false Gods to bee applied to his owne vse and sacrifice Secondly when he appointed that the gold siluer and brasse which had beene prophaned in Hiericho should be brought into the treasurie of the Lord. Fourthly that our owne practise doth approue the same to be lawfutl while we retaine Temples abused by the Papists To which I adde the keeping still of Bels Pulpits Wine strong drinke and good cheare For all these haue beene and this day are abused not onely by the Papists but euen by those who liue among vs and professe themselues to be of vs. And therefore if wee will reiect the one sort for abuse wee must also reiect all the rest for the same respect Vnlesse perhaps it be a sufficient answere that our owne conceits neither grounded vpon authoritie nor reason must teach vs what to doe in all respects The Reply Wine strong Drinke Bels Pulpits and the like are things of necessarie vse so are not Tippets Caps and Surplesses Therefore the case is not like The Answere I answere first that we may liue without all those things which in the prepositiō are holden for necessarie Secondly that not onely maister Caluin and S. Austen speake indefinitely and generally of all things abused but the Brownists and Martinists doe in their refusal approue the same viz. the things obiected are not necessarie and therefore they meet in woods fields and odde corners Thirdly that if the superstitious vse of a thing doe so change the nature of the same thing that it can neuer be wel vsed againe then doubtlesse must we perforce reiect all things which haue once bin prophaned and superstitiously vsed Neither will it or can it serue our turne to say this is necessarie so is not that For as the Apostle saith Non sunt facienda mala vt iude eveniat bonum Wee must not doe euill that good may come thereupon But if the thing before indifferent in it owne nature doe stil remaine indifferent notwithstanding the abuse as I haue alreadie proued it then may the lawful magistrate and much more the Church with his authoritie and assent concurring retaine stil some thing reiect other some as it shall seeme most expedient for the quiet and peaceable gouernment of the Church For the Church hath free libertie and power to dispose of all things which are Adiaphora indifferent of their own nature The 2. Reply It is against my conscience to weare a Surplesse to make the signe of the Crosse in the childs forehead and so forth Ergo I may not doe it The Answere True it is that whosoeuer doth any thing against his consciēce sinneth though the thing he doth be otherwise lawful to be done Wherfore his onely remedie is this either to reforme his erroneous conscience or else peaceably to giue place to the law not contentiously to withstand the law of his superiours to whō vnder God he oweth obedience and so to raise vp schisme contention in the Church But it is to be feared that some pretend conscience where onely pride beareth the sway Because forsooth they haue more rashly then wisely Preached against the same ceremonies informer times The 3. Reply The reformed Churches in other countries haue abolished such Popish ceremonies Why therefore should we keepe them still in our Churches The Answere I answere 1. that as some other Churches haue reiected some ceremonies which we still retaine Ô so haue we reiected some ceremonies which some other churches stil retaine Secōdly that as other churches are not to be condemned for reiecting such ceremonies seeing they be no essentiall parts of religiō so neither ought our Church to be euil censured for retaining thē being things indifferēt in their own nature Thirdly that many things are conuenient for some places persons and times which for all that are very preiudicial and nothing beseeming nor befitting other persons times and places many things good for one cōmon weale which are too too hurtfull for an other many things conuenient for the gouernment of one Church which would quite destroy the state and pollicie of an other Euery Church therefore hath her freedome power and authoritie in all things indifferent to make constitute and ordaine such lawes as shal be thought most expedient for the good thereof This assertion is proued at large in the Seuenth Chapter throughout all the Aphorismes therof To which place I referie the reader for better satisfaction in this behalfe The 2. Obiection The grauen Images of their Gods shall yee burne with fire and couet not the siluer and gold that is in them nor take it vnto the least thou be snared therewith for it is an abomination before the Lord thy God The Answere I answere first with S. Austen in these wordes Satis apparet aut ipsos privatos vsus in talibus esse prohibitos aut ne sic inde aliquid inferatur in domum vt honoretur Tunc n. est abominatio execratio non cum talibus sacrilegijs honor apertissima destructione subvertitur It appeareth sufficiently that either priuate vses be forbidden in such things or else that nothing should so be brought into thine house that it be honoured For then is it abomination and execration not when together with the Idolatrie the honour is also euidently ouer throwne Secondly that this was a politicall Lawe giuen onely to the Iewes for a time and consequently that wee Christians are not strictly bound to the same The ignorance whereof hath brought many into many grosse errors I therefore note heere by the way for the benefit of the well affected and thankfull Reader that the Lawe of Moses was threefold viz. ceremoniall iudiciall and morall whereof the morall part doth this day onely remaine in force with vs Christians as which is indeed the very Lawe of nature imprinted in euery mans heart in his natiuitie and so cannot be altered or changed
church may be altered according to the circūstances of times places persons Fiftly that the English long expected presbyterie can not stand with our English Christian Monarchie For she challengeth that as her proper office which as Musculus truly saith doth properly pertaine to the ciuill Christian Magistrate I say thirdly that it cannot be concluded out of the holy Scriptures that any annuall vnpriested Elders had the rule of the Church with the Pastors and Bishops I say fourthly that for want of Christian Princes laicall Elders may be assumed to the Church-gouernment to help and assist the pastors Yea I further graunt that the said Elders may remaine vnder a christian prince so it be with his assent good pleasure and moderation But I constantly denie that such kind of gouernment must of necessitie bee had in and vnder a Christian Monarchie The first Reply S. Ambrose writeth plainly that the Synagogue and after the Church had Seniours without whose counsell nothing was done in the Church The which saith hee by what negligence it was left of I can not tell except happily it were through the slouth or rather the pride of some pastors because they alone would seeme to bee somewhat The Answere I answere first that S. Ambrose did not thinke those Elders of whom hee speaketh to be necessarie for the government of the Church I prooue it because hee being a most learned zealous and godly Arch-bishop would for his zeale and pietie haue laboured to restore them and could for his great authoritie haue effected the same Secondly that Saint Ambrose speaketh of Elders in yeares not of Elders in Office that is of wise graue and olde men of great experience whom the Bishops in former times tooke in counsell with them as did also the auncient Synagogue Our Church-wardens in this age doe in some sort resemble them It something grieued holy Ambrose that graue men auncient in yeares whom the Apostle would not haue reproued roughly did not remaine in like esteeme with the pastors of the Church as they were of old This is the true meaning and sense of S. Ambrose concerning those Elders he speaketh of I prooue it out of S. Ambrose his owne wordes which are these Nam apud omnes vtique gentes honorabilis est senectus For among all nations olde age is honoured For which cause both the Synagogue of old and the Church afterward had alwayes certaine old men without whose aduise nothing was done in the Church Loe he speaketh of honouring Elders and auncient men in regard of their yeares But he neuer meant to equalize them with those who were Elders in calling and gouerned the Churches vnder him No no the blessed man Ambrose that graue and holy Bishop of Millan neuer dreamed or once conceiued in minde that any order of the Ministerie set downe by Christes Apostles was worne out of vse in his time The 2. Reply S. Hierome who followed S. Ambrose immediately telleth vs most plainly that in his time the Presbyterie or Eldership was in the Church The Answere I answere first that if wee suppose your Presbyterie to haue beene in Saint Hieroms time and not in the dayes of Saint Ambrose it will fauour vs and wholy make against your helpes The reason is euident because that which may bee vsed at some time and be wanting at other times is not of necessitie to be vrged at all times and this is all that wee desire Secondly Saint Hierome speaketh of Priested Elders and not of men in no degree of the Ministerie His wordes are these Et nos habemus in ecclesia senatum nostrum caetum Presbyterorum And we haue in the Church our Senate a companie of Elders or Priestes Loe hee speaketh of Priestes and of Colledges of Cathedrall Churches I proue it by two reasons First for that himselfe telleth vs in his words afore-going that he speaketh of those Elders whose election Saint Paul describeth vnto Timothie Againe because it is vnpossible that those vnpriested Elders should bee in Saint Hieromes time who were worne out in Saint Ambrose his time because Saint Austin S. Ambrose and S. Hierome were all at one and the same time The 3. Obiection The long expected Presbyterie is no way preiudiciall to the Christian Monarchie but giueth to him so much as the Scripture alloweth The Answere M. Gualter a zealous vertuous and learned Writer of high esteeme in the reformed Churches sheweth plainly vnto the world what right and authoritie the new presbyterie ascribeth vnto Princes These are his wordes The Donatists of our time ought to consider these things more diligently which doe ouer rashly condemne whole Cities and Countries where the word of God is preached the sacraments rightly administred publique praier celebrated the poore sufficiently prouided for and vices by good and godly lawes for bidden and punished All these things they esteem as nothing except there be a certaine new magistracie appointed which should haue authoritie ouer Princes also The same learned writer in another place discourseth in this manner There be sundry that will needes institute Elders or an ecclesiasticall Senate according to the example of the Primitiue Church which also should haue authoritie ouer the Magistrates themselues if at any time they did not their dutie But it behooueth them first to shew that those their Seniours haue this power whereof Paul doth presently speake which thing seeing it doth by no meanes appeare and yet they deliuer vnto Satan whome they will they doe like as if some would goe about to cleanse the leaprous raise the dead and worke other miracles because these things were vsually done in the primitiue Church The same learned Doctor in another place writeth thus Their ambition is reproued which goe about to bring all Churches to the forme of their discipline and government cry out that there is no discipline there where all things are not agreeable to their traditions and orders But these mē receiue a iust reward of their arrogancy when they that come frō them to other countries goe beyond all men in fancinesse bring nothing from home but a vaine and intollerable contempt of all good men neither can they abide to be corrected by any admonition of others The zealous godly and learned Doctor Musculus hath these expresse words We thinke otherwise then they who denie to Christian Magistrates authoritie to make ecclesiasticall Lawes We boldly affirme that all power of making authenticall Lawes which binde the consciences of the subiects whether they be ciuill or ecclesiasticall doe neither pertaine to the multitude of the faithfull nor to the Ministers of Gods word but properly to the Magistrate onely to whom more power is giuen ouer his subbiects Wherevpon they are called in the Scripture Gods who doe execute the Magistracie which name of honour we doe not reade that it was giuen vnto the Priestes The very reason and nature of gouerning can not suffer that there be 2.
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