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
dominus vt filios Israel secundò circumcideret Frat autem circumcisio signum faederis dei omninò ad religionem pertinens Sequitur in persona Samuelis cohaesere quidèm magistratus sacerdotium veram moderandae religionis curam sustinuit ille quoque non vt sacerdos sed vt magistratus quo tum non erat in Israele superior vt magistratus indicabat Israelem ac disponebat publica omnia tam sacrae quam prophana vt sacerdos sacrificabat pro populo orabat illumque docebat Moses the first Catholique Magistrate in Israel bearing the person not of a priest which was imposed vpon Aaron but of an higher power like vnto a Kings appointed order for all manner of Religion in the people of GOD and prescribed to Aaron himselfe and to the order of the Leuits both what they should doe and what they should auoide and leaue vndone Wherein we see euidently that the care of ordering Religion doth more pertaine to the higher magistrate then to the order of the Priests After the death of Moses the care of Religion together with the Magistracie was devolued not to Eleazar the Priest but to Iosuah the sonne of Nun who was not of the Tribe of Leui but of Ephraim To him God gaue coÌ„mandement that he shoâ—â—â— circumcise the second time the children of Israel But circuâ—cision doubtlesse was the signe of Gods couenant which pertaineth wholy to religioÌ„ In the person of Samuel there did cohere both the Magistracie the Priesthood but he receiued the charge of moderating religion not as hee was a Priest but as hee was a Magistrate greater then whom there was none at that time in Israel As a magistrate he did iudge Israel and ordered all publique affaires as well sacred as prophane ecclesiastical as ciuill but as a Priest hee offered sacrifice prayed for the people and taught them Out of these wordes of this great learned writer I note these golden lessons for the good of the well affected Reader First that Moses was a ciuill magistrate hauing authoritie like vnto a king Secondly that his power was greater then was the authoritie of Aaron the hie Priest Thirdly that Moses ordered all matters in religion and not Aaron who was the hie Priest Fourthly that he appointed to Aaron and to the whole order of the Leuites both what they should doe and what they should leaue vndone Fiftly that the charge care of religion doth appertaine more neerely to the magistrate then to the order of the Priests Sixtly that the magistrate hath the charge and care of ordering religion inseparably annexed to his ciuill office in that hee is a magistrate Seuenthly that a Bishop may haue authoritie to deale in ciuil causes as Samuel did Eightly that Samuel disposed all ecclesiasticall affaires not as hee was Priest but as hee was the ciuill Magistrate All which obseruations this learned writer proueth by the examples of many kings of Dauid Salomon Asa Iosaphat Ezechias and others And of King Dauid hee addeth this most golden and memorable sentence Dauid quoniam sciebat hanc primam curam pertinere ad reges magistratus vt religio Deiritè disponatur hortatus cos est ad id offiâ—ij Dauid because he knewe this chiefe care to pertaine to magistrates to see religion rightly ordered he exhorted them to that office saying Now ô Kings vnderstand be learned yee that iudge the earth Whosoeuer readeth this learned writer seriously throughout his whole discourse can no longer stand doubtfull of the truth of this question Zanchius a most learned writer and a man of singular iudgement in that booke which he left for a testimonie of his faith and Christian beliefe vnto the world and therefore the more to be regarded hath these expresse wordes Improbamus illos qui authoritatem in religione necis tantum causa attribuuÌ„t magistratibus dum illos negant authoritatem habere convocandi synodos deliberandide religione reformandiecclesias quae ad populorum salutem pertinent e sacris literis statuends aliudque eo esse nolunt quà m eorum quae ab episcopis definiuntur exequntores Wee reproue in like manner all those who yeelde and giue authoritie in religion vnto Magistrates onely in Capitall matters touching death whilest they denie them authoritie to call Synodes to consult of religion to reforme Churches and to appoint out of Gods word the things that pertaine to the saluation of their subiects and will onely haue them to bee the bare exequutors of those things which the Bishops doe decree Thus writeth this learned Doctor a man of as great a iudgement as any is in the christian world Out of whose words I note first that he condemneth many who now adaies thinke themselues very wise Secondly he auoweth that magistrates haue authoritie to call Synodes Thirdly that they haue power to deliberate of religion Fourthly that they haue authoritie to reforme the ministers and church-affaires Fiftly that they haue power to order those things which pertaineth vnto mans saluation Maister Martyr a very learned writer discourseth at large both of the authoritie of the minister and of the magistrate He sheweth most excellently both how the minister ought to exhort and rebuke the magistrate and how the magistrate ought to reforme gouerne and punish the minister Some part of his golden discourse I will briefely set downe referring the reader for the rest to the place quoted in the margent Nihil est in toto mundo ad quod verbâ— dei se non extendat quocirca longè falluntur qui clamitare solent quid conscionator cum rep quid cuÌ„ armis quid cum pharmacopolis quid cuÌ„ cocis at dicat c. There is nothing in the whole world to which the word of God doth not extend it selfe Wherefore they are farre deceiued that are wont to exclaime and say What hath the Preacher to doe with the Common-weale what hath he to doe with warres what with the Apothecaries what with cookes but let these good fellowes tell vs why the Minister of Gods word when he perceiueth Gods law to bee transgressed in these things may not rebuke the same out of Gods word why hee may not admonish the malefactors why he may not exhort them to desist from sinne it is his part doubtlesse to reproue sinners not with the sword not with Pecuniarie mulct not with imprisonment not with the sword not with exile but with the force power of Gods word Then this learned man proceeds and telleth vs that the ciuill Magistrate must see and prouide that the Bishops Pastors Doctors of the Church doe teach Gods word purely rebuke sinners fatherly and administer the Sacraments reuerently After this he telleth his Reader that kings haue not charge onely of the bodies of their subiects but of their soules also For saith this great learned Doctor we must not make princes swineheards and heardmen for keepers of cattell who haue care onely of the bellies flesh
ad collectas Semper vero absit omnis dierum superstitiosa observatio Next after the Lords day I cannot but like and allowe the sanctification of those daies also in which the auncient Church did celebrate the memorie of the natiuitie of our Lord Iesus Christ of the circumcision passion resurrection ascension and the comming downe of the holy Ghost vpon the Apostles Vpon all other daies as euery Church shall thinke it expedient so let them call together the congregation to Sermons Sacraments praiers and collections But euer all superstitious obseruation must bee quite laide away Out of these wordes of this zealous Christian and most learned Father whose authoritie if I had nothing else to say would weigh deepely with mine owne conscience I note first that Zanchius doth highly reuerence the constitution of the Church concerning holy-daies Secondly that euery Church hath free libertie to appoint such holy-daies as are most conuenient for themselues Thirdly that no such constitution of daies is vnlawful but that onely which tendeth to superstition And maister Caluin himselfe agreeeth vnto Zanchius in many places of his workes The second Aphorisme of kneeling at the holy Communion THeir opinion who hold it vnlawfull to receiue the holy Communion kneeling on their knees seemeth to me so rediculous senselesse and voide of all Christian modestie that I deeme it needlesse to vse many words for the coÌ„futation therof King Salomon the wisest King that euer liued in the world vsed to kneele vpon his knees and to stretch out his hands when he offered vp his prayers vnto God For thus saith holy Writ of him in that behalfe When Salomon had made an ende of praying all his prayer and supplication vnto the Lord he arose from before the Altar of the Lord from kneeling on his knees and stretching of his hands to heauen Ezra when he praied to the Lord confessed his sinnes with teares and feldown before the house of God and praied to God vpon his knees and Daniel praied vpon his knees three times a day Christ our sauiour himselfe fell down on his face when he praied to his father And Saint Luke saith that when he was drawen aside from his Disciples he kneeled down and praied S. Peter praied kneeling after the example of Christ his Lord and maister Saint Steuen when the cursed Iewes gnashed their teeth against him and ran violently vpon him and stoned him to death fell to his praiers and kneeled vpon his knees And Saint Paul bowed his knees vnto God when he praied for the people These testimonies drawne from the holy Scriptures and from the very practise of Christ himselfe and his faithfull seruants were able to satisfie euery well disposed minde neuerthelesse to take away all contention and wrangling if it may be had and obtained of the aduerse part I am content to alledge Maister Caluins opinion whose authoritie with them may not be gainsaid or withstood These are his expresse wordes Hic testarioperae praetium est eas demum humanas constitutiones me probare quae dei authoritate sundatae ex scriptura desumptae adeoque prorsus diuinae sint Exemplum sit in geniculatione quae fit dum solennes habentur precationes quaeritur sitne humana traditio quam repudiare vel negligere cuivis liceat Dico sic esse humana vt simul sit divina aâ—i est quatenus pars est decori illius cuius cura observatio nobis per apostolum commendatur hominum autem quitenus specialitèr designat quod in genere fuerat iudicatum magis quam expositum Here it is worth the labour to testifie that I doe alowe approue those coÌ„stitutions of men which are deriued from Gods authoritie and the holy Scripture and so are altogether become diuine Let vs take example in kneeling which is done in time of solemne praiers The question is if it be such a tradition of man as euery one may refuse and contemne the same as he list I answere that it is so the traditioÌ„ of man as it is elso a traditioÌ„ of God It is of God as it is a part of that comelines the care coÌ„servatioÌ„ wherof is coÌ„mended to vs by the Apostle But it is of man in respect that it designeth out in specialty that was generally insinuated rather theÌ„ expounded Thus writeth M. Calvin out of whose words I observe these golden Lessons First that all constitutions are diuine which are deduced and gathered out of the Scriptures Secondly that euery ordinaunce of the Church which pertaineth to comelinesse is a coÌ„stitution divine And consequently that euery Ceremonie approved this day in the Church of England is a divine tradition and therefore must euery one reverently obediently receiue the same as the ordinance of Almightie God If this doctrine of M. Calvins were deepely in printed in euery English subiects heâ—â—â— there would not one English subiect be so â—nd in the â—and who would kicke spâ—â—â—e or once in utter against the least ceremonie in the English Church For euery childe seeth that by M. Calvins doctrine euery Ceremonie pertaining to comelinesse Est de iure diâ—â—â—o grounded vpon the generall rule of Gods law And consequently he that wil denie any ceremonie in the English Church to be divine and not approved by Gods word must proue out of Gods word which he wil neuer do that the ceremonie doth no way pertaine to comelinesse in the church For no wise man can thinke that that is rather to be accouÌ„ted comely or vncomely which a few yonglings of late dayes haue esteemed so theÌ„ that which was euer reputed so throughout the Christian world of al learned men generally for 1000. yeeres together Nay for one thousand foure hundred yeeres that is from S. Marke the Euangelist vntill a thousand and some hundred yeares were expired and if no one learned writer can bee sound for the space of so many hundred yeares that will avouch any one Ceremonie in the Church of England this day vsed as kneeling the signe of the Crosse the Surplesse and such like to bee an vncomely Ceremonie then doubtlesse such ceremonies by Maister Calvins doctrine are grounded vpon Gods word and must bee obeyed receiued accordingly I wish the Reader to marke these words of Maister Calvin Dei est quatenus pars est decori It is of God as it is a part of comelinesse I wish I say the Reader to marke them well because they are of great importance and doe proue them â—tter in controversie most euidently To which former wordes of M. Calvin let vs now adde the wordes which follow immediately in the same place Thus doth hee write Ab hoc vno exâ—mplo estimarâ— licet quid de toto hoc geâ— nere sit sentiendum By this one example of kneeling wee may easily iudge what is to be thought of all other ceremonies Loe thus the case standeth this ceremonie the church hath ordeyned iudging it to
they did not loue for that such light diuorcement was onely permitted but neyther by God not by Moses approued I will demonstrate by these important and insolluble reasons First because these are Christes owne wordes Moses because of the hardenesse of your heartes suffered you to put away your wiues but froÌ„ the beginning it was not so Secondly because the mariage was indeed after suchlight diuource vnlawfull by the law For thus writeth Saint Paul know yee not Brethren for I speak to them that know the Law that the law hath dominioÌ„ ouer the maÌ„ as long as he liueth for the womaÌ„ which is in subiection to a maÌ„ is bound by the Law to the MaÌ„ while hee liueth but if the man be di ade shee is deliuered from the law of the man So then if while the man liueth shee take an other maÌ„ she shal be called an adulteresse Out of these words I note first that marriage cannot bee dissolued during the life of the former husband I note secondly that this was so euen in Moses law because Saint Paul saith hee speaketh to them that knew the law I note thirdly that to be married after diuorce for a light cause during the life of the former husband is plaine flat adulterie I therefore conclude that to tollerate sinne vnpunished vpon good cause is no sin at all This mine assertion of diuorcement is not onely grounded vpon the Scriptures but also confirmed by the holy fathers and best approued writers of this our age The 4. Reason We haue many examples in the holy scriptures of blessed meÌ„ that often pardoned Malefactors to this day were neuer reproued for the same King Dauid pardoned wicked Nabal at the peticion of his vertuous wife Abigal The same king Dauid pardoÌ„ed Abner who rebelled against him for the house of Saul The self same king tolerated Ioab in his naughtie dealings albeit he was more then a little offended with his manners The same king tolerated cursed Shemei thogh he coÌ„manded his son Salomon to do execution on theÌ„ both after that him selfe was dead The holy Patriarch Iacob did not punnish his sonnes Simcon and Leuie with death for their cruell murder done vpon the Sechemites though he had plaine regall and supreame authoritie ouer theÌ„ S. Austen did verie often intreate the Emperours most earnestly and humbly not onely to pardon heretickes but also the Circumcellions most naughtie people and cruell murderers The blessed virgin Mary was found to bee with child by the holy Ghost befor S. Ioseph shee came together Whereupon Ioseph because he was a iust man and would not put her to open shame was minded to put her away priuily thus reporteth holy writ Out of which wordes I note first that Ioseph knew the holy virgin to be with childe Secondly that he knew him selfe not to be the father of the childe Thirdly that Ioseph knew no other but that Mary his wife was an adultresse Fourthly that he thoght to haue put her a way secretly so to keepe her from shame punishment Fiftly that Ioseph was euen then deemed iust when the sought and thought to keepe her from shame although in his iudgement she deserued death by the law Yea S. Paul him selfe made intercession to Philemon for his seruant One simus though he had beene a vagabond and theuish fellow The first obiection No inferiour hath power to alter the law of his superiour and consequently man cannot pardon or tolerate malefactors whoÌ„ god appointeth to be punished The answer I answer first that precepts deliuered to vs in holy writ are of two sorts Some affirmatiue other some negatiue The negatiue bind vs at all times euery houre and in euery place but the affirmatiue thogh they be very apt to bind yet doe they not actually bind vs saue then onely when the due circumstances of times places and persons occurre hereupon it commeth that it is neuer lawfull to steale neuer lawful to commit addultery neuer lawfull to beare false witnes neither at any time nor in anie place the reason hereof is this because these precepts be negatiue This notwithstanding it is sometime lawfull to omit the precepts affirmatiue For exaÌ„ple it is necessary vnto saluatioÌ„ to mak confession of our faith and yet we doe and may often omit the same for that it is an affirmatiue precept And therfore Christ willeth vs not to giue that which is holy to dogs neither to cast our pearles before swine leaste they trâ—ad theÌ„ vnder their feete and turne againe al to rentus But wee are then bound to confesse our faith when either it tendeth to the glorie of God or to the good of our neighbour so that if such confession were not then made either god should be dishonoured or our neighbour scandalized So it is Gods coÌ„mandemeÌ„t to giue him thy cloake that will sue the at the law and take away thy caate yet maiest thou at sundry times for sundry respects denie him both thy coate and thy cloake So it is Gods commaundement to go with him myles twaine that will compell the to goe one and yet maiest thou sundrie times denie lawfully to goe with him either more or lesse so it is Gods commaundement neuer to turne away froÌ„ him that would borrow money of the or any other goods and yet maiest thou sundry times for sundry respects denie to lend either thy mony or other things All which and other the like haue this onely ground and foundation vz. That they are precepts affirmatiue which neither bind at all times nor yet in all places For precepts affirmatiue to vse schoole-tearmes obligant semper sed non ad semper Secondly that the ciuill magistrate had authoritie to mitigate many punishmeÌ„ts ordained for malefactors euen in the time of the old testameÌ„t For thogh he were appointed to punish them that vsed false weights and measures yet was that punishment to be determined according to the quantitie and qualitie of his trespasse The partie that was worthy to be beaten receiued many or few stripes at the descretioÌ„ of the magistrate M. Caluin a most zealous patron of pure religion hath these expresse words Impunè quidem vt liceat statui potest sicut in arbitio Principis est panas remittere Verum vt vitiosum non sit quod vitiosum esse natura dictat nullus legislator efficiet A law may be made that he which doth it shall not be punished euen as it is in the princes pleasure to pardon and releasse the punishment But that that be not sinfull which nature it selfe sheweth to be sinfull no law maker can effect or bring to passe Thus writeth this learned man granting freely as we see that the magistrate may sometime vpon good causes tolerate those sinnes vnpunished which gods law doth sharply reproue and speake against where the reader must obserue