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A07898 The regiment of the Church as it is agreable with Scriptures, all antiquities of the Fathers, and moderne writers, from the Apostles themselues, vnto this present age. Bell, Thomas, fl. 1593-1610. 1606 (1606) STC 1827; ESTC S101485 157,812 234

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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 cōmandement that he sho●●● circumcise the second time the children of Israel But circu●cision doubtlesse was the signe of Gods couenant which pertaineth wholy to religiō 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 offi●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 attribuūt magistratibus dum illos negant authoritatem habere convocandi synodos deliberandide religione reformandiecclesias quae ad populorum salutem pertinent e sacris literis statuends aliudque eo esse nolunt quàm 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 verb● dei se non extendat quocirca longè falluntur qui clamitare solent quid conscionator cum rep quid cū armis quid cum pharmacopolis quid cū 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
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