abrogated For if a man will make the curse a part of all the morall lawe wher yt is rather a necessary adioinct vnto the breache of the lawe then a part therof yet notwithstanding that part off the morall lawe which standeth in commaunding and forbidding remaineth vnshaken and as concerning abrogation vntowched off our Sa. Christ Secondly it foloweth hereuppon that those iudiciall lawes off Moses which are merely politik and withowt all mixture off Ceremonies must remaine as those which hinder not the atonement off the Iewes and Gentils with God or off one off them with an other Beside that it being manifest that our Sa Christ came not to dissolue any Good gouernement off commen wealthe he can least off all be thowght to haue comme to dissolue that which him selffe had established And off this point the Ans hath twoo contrary sentences one off Musculus which saith that the iudiciall lavve is abrogated the other off Beza which is the same with that which I haue brought reasons off that is to say that the iudiciall lavve being giuen vnto the Ievves is not yet abrogated so that iff they had any estate off common vvealthe in the Land off Canaan they should be constreined to vse that forme off gouernemēt vvhich vvas gyuē vnto them of Moses Nowe albeit those lawes gyuen vnto the Iewes for that land doo not binde the Gentils in other landes for somuche as the diuersitie off the disposition of the people and state off that country gaue occasion off some lawes there which would not haue bene in other places and peoples yet forsomuche as there ys in those lawes a constant and euerlasting equitie whereuppon they were grounded and the same perfecter and farther from error then the forge off mans reason vvhich is euen in this behalffe shrewdly vvounded is able to deuise yt followeth that euē in making politike lawes for the common wealth Christian Magistraites owght to propound vnto them selues those lawes and in light of their equitie by a iust proportion off circunstances off person place c. frame them Furthermore that this equitie off the Iudiciall lawe remaineth not as a counsaile vvhich men may followe yf they list and leaue at their pleasure but as a lawe vvhereunto they be bound what better proofe can we haue then the Apostle Which after he had alledged diuers similitudes fetched off the common vse off men to proue that a Minister off the Gospell ought to be mainteined off the churches chardge vnto the aduersarie which might except that those were but humane reasons he alledgeth as the eternall lawe off God one off the Iudiciall lawes off Moses which was that a man should not mousell the mouthe of the oxe vvhich tredeth ovvt the corne Where it is manifest that he doubteth not to binde the cōscience off the Corinthes vnto the equitie off that lawe which was Iudiciall Likewise of the finding off the priestes in the seruice off the altar commaunded in the lawe he concludeth that those which preache the gospell should liue off it And this maintenance off the preistes albeit in the maner off prouision yt was ceremoniall yet as it was a reward of their seruice due by men as the punishementes also iff they had failed in their duties was mere iudiciall Whereuppon it is brought to passe that in those iudicialls to all the circumstances whereoff we are not bound we are notwithstanding bound to the equitie Yt remaineth to shewe that there are certein Iudiciall lawes which can not be chaunged as that a blasphemer contemptuous and stubborne Idolater c. ought to be put to death The doctrine which leueth this at libertie when they can alledge no cause off this loosenes but the comming off our Sauiour Christ and his passion faulteth many wayes And first yt is a childishe error to thincke that our Sauiour Christe came downe to exempt men from corporall death which the lawe casteth vppon euill doers when as he came not to deliuer from death which is the parting off the bodie from the soule but from that which is the separation bothe off bodie and soule from the gratious presence off the lord And iff it were so that our Sa. Christe had borne in his owne bodie this ciuill punishement off publike offenders yt must folowe thereupon not which the Doctor Phansieth that it is in the libertie off the Magistrate to put them to death but that he must will hee nill he yff they repent kepe them aliue For if our Sa. Christe hath answered that iustice off God in his lawe whereby he hath commaunded that suche malefactors should be put to death yt should be great iniustice to require that againe in the life off the offender So that ether our Sa. Christe hath answered that iustice off God which he requireth in his lawe concerning the death of suche offenders and then yt can not be asked againe in the bodie of the offender or els he hath not answered yt and then yt remaineth of necessitie to be answered in the life off the offender Againe this opinion ys iniurious vnto the death and whole appearing off the sonne of God in fleshe For where he appepeared for this cause that he might destroy sinne which is the worck off the Deuill the Answerer in his imagination of choise which he leueth to the Magistrate towching the putting of suche horrible offēders to death doth at vnawares as muche as in him lieth make our Sa. Christe build againe that kingdome of sinne which he hath destroyed For when bothe in common reason and by the manifest word off God before alledged the Lord giueth this blessing vnto the punishement of suche greiuous offenders by death that others not onely which see but also which heare off them haue the bridell off feare put vppon them whereby they are withholden from the like crimes yt must nedes followe that whosoeuer maketh our Sauiour Christ autor of this loosenes in punishing suche offenders maketh him forthwith to lose the bridell whereby others are staied from throwing them selues downe the hill off wickednes which was before committed And what is if this be not to make our sauiour Christe a troubler off common wealthes Moreouer if our Sa. Christe by his comming loosed thes cyuill punishementes and pourchased this grace off his Father for blasphemers c. that if they could finde fauour in the eies off the Magistrate they might escape the handes off death which the lawe off God adiudged them vnto howe cometh it to passe that the Apostels to whom the Lord committed the publishing off all that pardon which he obteined for vs did neuer make mention off the slacking of these punishements Yf our Sa. Christe had obteined this libertye yt was worthye the preachyng And therfore onles the A. can shew something owt off the vvrytinges off the Apostels to vvarrant this sanctuarye vvhich he would so faine build to the support off blasphemers murtherers c. yt followeth that the Apostles by his
because contemners are not Idolaters This is his ordinary faulte that he can not vnderstande that iff an Idolater owght to die miche more a contemner of the worde For contempte althowghe yt be not in an action which doothe vtterly ouerturne the seruice of God as Idolatrie but in one which staineth or cracketh yt onely as is the breache off the Sabbothe is yet shewed to be so displeasante vnto the lorde and so detestable that that which off yt selfe was not deadly onely by this circumstance of contempte was punished with presente deathe which may appeare in him that gathered stickes on the Sabothe daye The breache off the sabothe daie was not simplie punishable by deathe as Idolatrie was myche les so small a breache by the gathering off a fewe stickes yet because yt was doone as the scripture saithe in a highe hande that is to saie proudly and contemptuouslie the lorde commaunded that he shoulde be put to deathe and setteth that downe for a generalle lawe How myche more then shall he which despisethe the worde off God which is the rule off the whole bodie off the seruice off God and off that trew reste From our owne workes and from sinne whereoff that bodelye reste was a figure be punished withe deathe And iff because the lawe doothe not saie in thus many wordes that a contemner shall die yt be not lawfull to conclude that he owght to be put to deathe what wil the answerer saie vnto the writer vnto the hebrues which saithe that he that despisethe the lawe off Moses vnder two or three witnesses was put to deathe withowt mercie For by those wordes yt appearethe not onely that a contemner of the lawe off Moses owght by the lawe to die which is that which I sett downe but also that the writer vpon thâ—â— and suche like places as I haue here alledged gathered that whiche is no where in the lawe found in the same wordes wherin he vttereth that sentence Touching the place off Deutronomy which he saithe is onely vnderstaÌ„ded off false witnesse yt is apparaÌ„t that althowghe yt folowe immediatly the lawe off puttinge a false witnesse to deathe yet it is a generall sentence and hathe regarde vnto all the crimes which are capitall for iff false witnesses be put to deathe and Idolaters or contemners remaine how is the lande purged off the euills whiche drawe the wrathe off God vpon yt or how is a terror stricken into the reste wherby they may be kepte from the infection off that synne And if no punishement but deathe be hable to giue a sounde full enoughe to stricke a sufficiente terror of the synne off false witnes in suche a case how myche more ys yt needefull that there be as brymme and as audible a punishement against Idolaters and contemners of the worde to the ingendring of that feare in others wherby the reste maye be kepte in the feare and trewe worship off the lorde The place off the Chronicles is not answered for yt is more generall then the A. taketh yt and is an exposition off the lawe For where the lawe saithe that he that seruethe straunge Gods shall die this place saithe that he shall die vvhich seekethe not the lorde wher in are comprehended not onely Idolaters but Atheistes and mockers and contemners off God which is that which I had to proue As for that he asketh off the perpetuite off thes lawes yt is afterwarde spoken off In the ende he findeth faulte that I saying there are other punishementes for suche as neglecte the worde of God according to the faulte doo nether tell what they are nor where they be to be founde I thowght that the mowthe of his vnderstanding had not bene so narrowe but yt coulde easely comprehende that if contempte be by the vvorde off God to be punished by deathe that the neglecte off yt owght not to escape the ciuile punishement either in bodie or Godes c. Why I did not recken them vpp I assigned sufficiente cause in that the varying according to the quantitie off the faulte more or les coulde not be sett downe And iff he will see in generall what punishement the lawe of God aloweth of in such cases he may reade in Esra Where beside the punishement off deathe againste the transgressors off the lawe there be also appointed banishement losse of Good or imprisonement as the qualitie off the faute required And if he saye that that vvas doone by the authoritie not off the lawe of God but of a heathen prince the answer is easie that yt is very like that the commission given to Esra and authorised by the kinge vvas drawne by Esra vvhich vvas a cunninge scribe in the lawe of god At the lefte yt is manifeste that he bothe accepted that and amongeste other thinges gaue God thanckes for yt which he wolde neuer haue doone oneles â—t had bene a Good interpetation off the lawe in that behalffe considering that euen the ciuill and politike lawes Wherby the Iewes were theÌ„ and in Iurie especially gouerned â–ª ought to be no other then those which the lorde had prescribed in the lawe And thus let yt be Iudged what Good cause I had to aske vvhat vvas become off the A. iudgement vvhen he set dovvne that there is no Discipline appointed â—n the worde off God for those which shall contemne the worde off god and common praiers Diuision 7. pag. 91. THe answerer saide that there was not one worde in the scripture off pulpites or off sytting at the communion in a worde I shewed that ther was And where he saithe the pulpit was placed in open streete That vvas because off their dwelling in tentes the feaste vvheroff they celebrated For otherwise yt appeareth that suche a highe place in the temple owte off the vvhich the voice off him vvhich spake might be hearde vvas ordinary The reason off calling the doctrine of Moses the chaire of Moses by a metonumie off the subiecte For the adiuncte I will leue to the reader to iudge of for my iudgement off them I saide that they are not lightly to be chaunged and he dispurethe against me as if I had saide that yt were not lawfull to chaunge thes vppon any occasion And beside this disputing againste his owne phansie and not against my vvordes he hathe violently broken into the question off reading and interpreting the vvorde off God vvithowt any the leste occasion giuen therof and hathe also shamefully corrupted the place off Nehemias as shall be seene in the proper place 8. Diuision pag. 92. Here he accusethe me of falsifying his wordes whiche haue charged him vvith saying that yt ys an indifferent thinge to preache the worde of God in churches or howses priuately or publikely wherin he still vttereth his forheade harder then any steele For thes being his owne wordes that the scripture speaketh not a worde of preaching or baptizing openly or priuately at home or in the church doothe he not saye
are bound in the lawe of nature to punishe a murtherer by death Christian common wealthes haue two newe bondes whereby they are tied to a more streighter obseruation of this seueritie Last of al as this iudiciall lawe was giuen of God long before Moses so not to be in the nomber off lawes corrected by the comming of our Sa. Christ yt is manifest by his owne wordes whereby he confirmed this lawe of God saying that vvhosoeuer tooke vpp the svvord should perishe vvith the svvord And there is no doubt but if he had had like occasion to speake of other ciuil punishement by death established in the lawe as he had of this he would haue brought the same confirmation of them that he did off this The exceptions against this doctrine are off no valwe For if this be the truth of God there can be no prerogatiue against yt onles he can shewe some higher court then heauen and some cheif iustice aboue the Lord yt is not denied but the punishementes by death wherewith men haue established lawes which them selues haue for their better commoditie deuised may be ether mitigated or taken away by those to whom it apperteined nether is the magistrate by any thing I haue set downe bound to mitigate the punishement of theeues for their punishement may growe by the circumstance of place as in Scithia where all thinges lying opeÌ„ to the spoile had neede to belocked vp by a streighter punishemeÌ„t and some times by the disposition of the people lighter handed then others as if one had to doo with the LacedemonieÌ„s or some other nation in whom that sinne had taken deeper roote And I will not denie â–ª but euen these crimes of murther and adulterie may varie by diuers circumstances and therefore yt is in the discretioÌ„ of the magistrate according to the quantitie of the fault to appoint the maner of death sharper or softer But that there is any place time or other circumstance which can lessen these crimes that they should not be worthie of death vpon the reasons before alledged I vtterly denie As for the casting away of the studie and large volumes of the lawe which he imagineth to followe of this assertion he deceiueth hym selfe For euen when these lawes were fully in force the Iudges thereoff by reason of their shortnes comprehending many thinges not expressed had matter enoughe to occupie the greatest diligence memorie and sharpnes of vvit that could fall into any And if he aske our lawiers vppon vvhat groundes the greatest part off their houge volumes as he calleth them stand they will answer him they partly stand vppon the plaine vvordes off the lawe off Moses and partly off reason vncorrupt which is the equitie off the lawe vrged off vs And therfore althoughe our lawes be some time in forme diuerse from the lawes off Moses yet they vvill neuer graunt him which he hath not so aduisely set downe that our healthsome lawes be contrarie to Moses lawes For both being Good one off them can not be contrarie to the other where he saith that we of the clergie should be the best iudges by this meanes c. it is to open iniurie to charge vs with that vvhich vve openly renounce and condemne in him vvhich is that in medling in ciuill affaires they put their sickle in an other mans haruest Notwitstanding if in establishing of lawes for the Godly and peaceable gouernement off the common welth there may be no assistance of the ministerie wherby the lawes should be the better coÌ„passed to the equitie prescribed in the word of God and to take heede that nothing be doon against it there is no iust cawse to vphold the Bishops presence in the Parlament howse Where he saith that the lawes which our sa Christe made Mat. 5. 19 â–ª towching diuorcement for adulterie had been to no pourpose if the adulterer should off necessitie be put to death first he may be here iustly charged with that he hath vntruly surmised off me because he bringeth in our sa Christe a maker off lawes vnder the gospell whereas he made none in those places but expounded the lawe of God vvhich he had made from the beginning The other refusals made by the Iewes off their wiues were neuer any lawes but permissions onely and therefore in there abolishement there was no lawe of God abrogated Secondly yt was necessarie to vse that exposition notwithstanding that the punishement of the lawe by death remained For beside that the Iewes being vnder the gouernement off the Romanes had those ciuill punishements by death suspended vpon the pleasure off their officers which were often corrupted our sa Christe forseing all thinges did forsee what loosenes would followe in this behalfe And therfore as the office off a Good Doctor required he instructed the conscience and taught that albeit the Magistrate failed in the execution of the lawe yet that the former yoke being broken men were at their libertie to enter into a newe contract of mariadge with other Whereby he met with the corrupt opinion off those which dreame that the knot of mariadge is not cut a sunder by adulterie duriÌ„g the life of the parties maried Of the autorities which are brought to proue that the punishements by death off the lawe off God are taken away there is not one onely but Cyrill which maketh agaynst this cause yea which doth not ether in part or alltogether ouerturne his assertion And as for Cyrill I can at no hand allowe the reason shall appeeare where the clawes of this sentence are more plainly seen Augustine in the place cited vnto Pollentius hath nothing for the Doctor For he setteth him selfe to proue vppon the place off S. Iohn that the howsband ought to forgiue his wife seing our sa Christe forgaue the adulteresse Wherin not to enter into question whether that be well reasoned of Augustine or no and to passe by the aduantage which Erasmus autoritie may giue which calleth that sentence off August a hard sentence I answer that yt is one thing to say a priuate man should forgiue his iuiuries and nother thing to say that the Magistrate is not bound to take aduengement of them A priuate man may with commendation forgyue the trespace agaynst him selfe where the magistrate shal be in great fault if he poursew not yt And iff that place of August perteine vnto the Magistrate and our Sa. Christes example proue that the Magistrate neede not punishe adultery by death yt proueth as well that he neede not punishe adulterie at all For bothe our Sa. Christe forgaue her fâ—ely and gaue no sentence of any ciuill punishement against â—â—r and Augu will haue the howsband freely forgiue his adulterous wife Nay the place off Augustine maketh against him for â—n that he exhorteth the howsbaÌ„d to spare the bloud or life of his wife yt appeareth that in the church of God in his times this crime of adulterie was punished by death Musculus albeit
his maner off speache in saying that all Moses is abrogated be hard yet I would first aske hym what aduantage he can take here for the abrogation off the Iudiciall which is not the same against the Morall Then let it be obserued howe far against the meaning of the autor the Ans hath wrong this sentence and howe he is but a snatcher at sillabels and a tearer of lerned mennes wordes from their meaning The meaning off Musculus was that these lawes abrogated as they were giuē by Moses remaine notwithstāding as they cōteined a perpetual equitie For in the same title off lawes he writeth thus There are saith he vvhich thinck that Christe did abrogate the punishement prescribed by the lavve against adulterers vvhen he saide nether doo I condemne the goo and sinne no more These be gaie fellovves they thinke not of this that our Sa. Christe came into the vvorld not to iudge or punishe but to saue sinners and yet in the meane season not to take avvay the punishementes of the lavve gyuen of God his father by Moses VVhereupon he sayde not symply I condemne the not or thovv oughtest not to be condemned off any c. And so sheweth howe if she had bene condemned according to the sentence off the lawe that the Lord would not haue saide against yt The like trust he hath vsed in alledging off M. Caluin Which albeit he saie that there be certen Iudicialls to the precise obseruation whereoff the magistrate is not bound which I did likewise set downe yet that he esteemed certen Iudicialls vnchangeable and those especially which I haue alledged it may appeare in that he calleth it the Popishe diuinitie that the sentence off our Sau. Christe in the eight off Iohn brought any grace to adulterers as towching the ciuill punishemēt And in an other place he saithe that yt is the common right or lavve of all natiōs that adulterers should be put to death which he affirmmeh also of murtherers in the place set downe by the D. and that yt is a sortishe imitation off our Sauiour and proceding from a grosse ignorance Vnder colour off the place in S. Iohn s. to release the punishement of adulterers prescribed in the lawe And in an other place speaking off the false Prophet which tourning away the people from God is commanded to be put to death he saithe that lavve is euerlasting apperteining as well vnto vs nowe as vnto the Iewes in times past and pincheth them which say otherwise As for M. Beza which is here brought yt is knowne that euen in the same booke owt of which these testimonies be cited off the Ans he proueth that heretikes owght by vertue off the lawe off God gyuen by Moses to be put to death Whereby appeareth that all these will haue certen Iudicialls off moses and those especially that giue sentence off death against the crimes which I setdowne to be still in as full force as euer they were Vnto whom I could adde Peter Martyr which hath a longe dispute off the necessarie obseruation off the punishement off the lawe against adulterers And as for Hemingius considering that he agreeth that so much remaineth off necessitie as perteineth to the lawes of nature he maketh nothing against me which both haue shewed and further am readie to shewe that all those crimes are off that kinde which by the lawe off nature ought to receiue the reward of death Howe for so much as the 8. Diuision off the 2. cha in the 3. Tract perteineth vnto this matter I will here set downe the answer off yt 8. Diuiston pa. 149. Here is to encounter withe Zacharie the Prophet Cyrill and suche a corrupte sentence off Cyrill as doothe at once bothe ouerthrowe vnder the lawe the iustice of God againste synne in the worlde to comme and vnder the Gospell all manner off corporall punishementes in this worlde to be executed by men vppon those whiche hauinge done euill repente them For yt dothe not onelye affirme but yt goethe a bowte to proue that the synne whiche was vnder the lawe punished by corporal deathe coulde not be punished off the lorde by eternall deathe which as it is a wicked error the rewarde off synne beinge not onely deathe off the body but off the sowle also so the two pillers wheroff yt standethe are as detestable For the firste whiche is that they haue suffred punishemente fo their synnes and receiued the revvarde off their vvickednes so that for that faulte vvhiche they so suffer for there can be no reuengement aftervvarde hange ouer their sovvles yt is no les despiteful to the iustice of god and iniurious to the deathe of Christe then the popishe doctrine of supererogatiō For if an adulterer by suffrīg deathe for his crime hathe āswered the iustice of god so that the lorde for that faulte can not take aduenge mente of his sowle when a man suffrethe withowte cause and for righteousnes sake howe owghte he not beside his owne purgacion for synne purchase somewhat for him that lackethe As for the other reason yt is moste false For the lorde punishe the one synne by other synnes by deathe in this worlde and by deathe in the worlde to come yt is also a false grounde off the Pelagian heretike wherwithe he woulde proue that our original corruption is no synne whiche can deserue the wrathe off god And as the former parte fighte the for the Papistes and for the Pelagians so this other standethe for the Anabaptistes men whom the aswerer pretendethe to haue war withe but to whom in deede he ministrethe weapons suche as they be to fighte againste the trewthe For yf this be not Anabaptisticall that there is no bodily punishemente laide vpon publike offenders vnder the gospell and that whatsoeuer offence he committe if he shewe tokens off repentance he maye be deliuered from bodylie punishemente I knowe not what is Anabaptisme For what murtherer is there what traitor c. whiche althoughe he be neuer so vnrepentante and obstinate in his synne hauinge hearde tell off the answerers gracious pardon will not enforce himselfe to shewe all tokens off repentance whiche if he doo the eie off mens iudgemente beinge not hable to perce further then to thes owtwarde signes they muste haue him for repentante althowghe he remaine the same whiche before And if there be one suche sentence in all either the admonition or my replie so iniurious to the office off the magistrate so pernicious vnto all manner of common welthes as this is wee refuse not that I maye also promise for the Admonitors to be taken as enemies vnto the magistrate and as ouerturners off common welthes For this is the sworde whiche S. Paule put in the magistrates hande to be drawne not of pleasure but off dewtie not againste the vnrepentante onelye but againste the vnrighteousnes off those whiche shall publikly offende whatsoeuer either striken cleane owte of his hande or els if ante
men doo see that I had Good cause to charge yow as I did And euen now yowr answer which yow make is expresly againste that which yow haue written before For yow affirme that the lordes daie is in the nomber off those which not to obserue or once to call in question is meere madnes But in your former booke after recitall of the lordes daye and other thinges which yow accounte indifferente yow close vp which this sentence that there is none so simple which vnderstandethe not that the churche hathe authoritie in those matters Yf yt be mere madnes for the churche not to obserue the lordes daye how hathe the churche authoritie in that case And yf yt maye not once moue question off it how can yt take order in yt your manner off speeche wherby yow would goo betweene thes two sentēces and helpe to set at one suche manifest contrarieties are absurde for yow saie that the continuance off the lordes daye so longe doothe proue yt necessarie to be obserued and yet add that yt maye be altered vpon great and especiall considerations wheras if it be necessary to be obserued it may not be altered And if yt maye be altered then it is not necessarie Wherby appearethe how trewly I gathered off your wordes which yow can not auoyde withowte suche senseles speeches Against that which I saide off Ecclesiasticall discipline instituted in the 18 off S. Mathew for contemners and neglecters off the worde and common praiers yt is saide and saide with greate wordes that that place is to be vnderstanded off secret and particuler faultes and not off open and knowne Wheras yt is more then manifest that if the scripture giueth authoritie to reprehende priuate faultes yt doothe myche more authorise to rebuke publike faultes And if those faultes which are doone againste one man miche more those which are doone against the whole churche And iff those which are doone againste the profit off men myche more against those which are doone againste the glorie off god And if vppon refusall off Admonition in those particuler and secrete cases he will haue the churche procede to excommunication how myche more will he that that proceeding be obserued in thes open faultes And yt ys to childishe thus continually to stumble at this that the wordes off the scripture shoulde haue no farther reache then to that speciall case wheroff expresse mention is made in the texte and to leaue no place to argumentes off like of more to the les off les to the more of contraries c. and therbie to cut off all meditation off the worde of God to destroye a greate parte off the vse off teachinge in the churche Albeit in folowinge his owne interpretation the contemners or neglecters off the worde and praiers maye well be subiecte to this rule for it maye come to pas that one maye contemne the worde c. And yet in that manner as it shall be known wne onely vnto one what opinion he norishethe of them yet because that is not alwaies let vs see further what vnskilfulnes it is which the A. doothe so greatly accuse in this allegatiō Saint Paul grounding him selfe vpon this place off our Sauiour doubted not to drawe forthe the authoritie he had to excōmunicate against the incestuous mā whiche was notoriously knowne to haue offended the whole cōgregation ād Hymineus which had corrupted the puretie off the doctrine And iff the A. saie trewly that that doctrine off our Sauiour Christ touching excommunication may be caryed no farther then to that case off priuate and secret iniuries then Saint Paul drewe the sworde and tawght to drawe yt where yt owght not And althowghe there be no mention made off the admonitions yet they muste be off necessitie presupposed forasmiche as it was not lawfull to haue proceeded to that extremitie off cuttinge off by excommunication if the offenders had lefte any place to admonitions and wolde haue suffered themselues to haue bene cured by gentler medicines What also that Saint Paul vpon the publike admonition which he gaue vnto certeine offenders menaceth them that if they admit not his admonitions and reprehensions he will not spare them doothe he not in those wordes giue them the threat off excommunication And if he doo ▪ then yt is cleare that those admonitions being publike were off publike and knowne faultes wherby folowethe that this rule off admonishing and reprehending are forerunners vnto excommunication euen in publike faultes And as he here fighteth against a manifeste trewthe so he hathe himselffe for aduersarie which affirmeth that againste an heretike bothe thes two admonititions which oure sauiour Christe speakethe of and the excommunication afterward owghte to be practised oneles he will saie that an heretike which is knowne to one onelie owght so to be hādled ād that he which is notoriously knowne owght to be free frō that censure The place of M Caluin is altogeter frō the pourpose for I doo not say that priuate admonitions ought to be applied vnto publike offences the Apostell of thē giueth order that suche offenders shoulde be rebuked openly Onely I saide that for contempte and neglecte off the wordes I might haue said for euerie faulte that tendeth either to the hurte of the neighbour or to the hinderaunce off the glory off God there be prescribed in the worde off God admonitions and reprehensions and if those will not serue excommunications but whether the admonitions and reprehensions shoulde be priuate or publike that thinge hanging vpon the qualitie and kinde of the faulte I affirmed nothing Now let vs see what reuel he maketh with the ciuil Discipline appointed by the lawe of God Where before he can giue one answer he muste aske three questions the firste is answered before in the beginninge the laste is handled afterwarde in the 6. Ch. and 5. diuision And as for that parte of the seconde questiō vvhich withe other his sainges folowing surmise that I woulde haue the negltcte of the worde punished by deathe yt is directly against my expresse wordes which hauing shewed the punishementes that shoulde be executed vpon contemners add that there are other punishementes for those which neglecte the worde c. And as to that parte off his question which is whether contemners off the worde owght to be put to deathe yt is as his other questions be of thinges not onely affirmed and set downe but disputed off bothe partes For this is that which we plainlie affirme and bringe argumentes to proue And when he that despiseth the worde of God despiseth God himselfe the equitie of this muste needes appeare vnto all those in whome there is but a corne off the zeale and looue of the glorie off God or rather in whō there is not some pleasure to see the glorie of God troden vnder feete But he saithe that the place off Moses off putting Idolaters vnto deathe maketh nothing to proue this The reason wherof he assignethe to be
saying haue not answered the trust committed vnto them But if all godlie mindes doo abhor these absurdities there is no cause vvhy they should like of this corruption off the Doctor vvhereupon all these depende Na in that the Apostell putteth a sword in the hande off the Magistrates and in the vse off it maketh him a Minister and seruant off the vengeance and iustice off the Lord against sinne he striketh thorowe this opinion which imagineth that our sa Christe came to hange the sword off the Lordes iustice vpon the pleasure and vvill off men For the Magistrate being the Lordes officer as the Sheriff is the Magistrates yt is no more in his choise to vvithold the sword vvhich the lord hath put in his hand to drawe then in the power off the Sherif to staie the execution off that iudgement vvhich the magistrate him selfe hath lawefully commaunded Nowe seing there is a sword in the Magistrates hand by the doctrine off the Apostels and that also vvhich the magistrate must of dutie draw I vvould gladly knowe off the A. where that necessitie can be found if it be not in these crimes of blasphemy c. Which I haue set downe And if he saie that S. Paul by the sword vnderstandeth all manner off ciuill punishements as vvel by the pourse as by other bodelie chastisementes vvhich spare the life I graunt it but by an vsed maner off speache vvhich noteth the vvhole by the part he rather chose to vtter those punishemets by the sword thē ether by the vvhip or by the pourse Wherby he did not onely not exclude this necessitie off punishing malefactors by death but laied rather a streighter bond vpō the magistrate to execute those vvhich committ thinges vvorthie of death Hytherto generally of putting those to death vvhich commit thinges against the lawes remaining still in force as they vvere in times past established off the lord in the bloud off the transgressors Nowe I vvil come to the particular crimes vvhich I haue set downe And first for the crime off adulterie it is to be considered that yt is a breach off the most holy and auncient both institution and solemne couenant off the lord Then that it is an iniurie doon vnto the innocent part in the moste pretious possessiō that can be in thinges perteining to this present life ioyned with dishonour caste not onely vpō the person but vpō all his children and in a maner of al those which belōg vnto hī Thirdly that this fire doth not onely vvaste the familie vvhere yt is but maketh a breach into the cōmon vvealth vvhilest the right of inheritance ether of landes or offices is oftētimes thus translated frō the true inheriters vvhilest the children vvhich are so begotten hauing oftentimes les care and coste bestowed vppon them in their education become hurtefull members off the common vvealth Wherby all men may clearly see the perpetuall equitie off the lawe off God in the reuengement off this sinne by death And vvhen the lord addeth this for a reason off putting the adulterer to death that the euill may be taken ovvt off Israel vnto the heape off incommodities before rehersed for fault off exequuting his Iudgement off death he threateneth the whole common vvealth vvith mischeif to fall vppon yt And the equitie off this punishement by death hath so ligthsome colours vpon it that euen in this glymmering sight vvhich remaineth in the accursed nature off men it hath vpholden it self against the ignorance and iniustice off all vvhich haue not vvillingly put forth that sparkle vvhich standeth in the discretion of honestie For euen before this candell light of the lawe off God vvas set vp not onelie the Godlie as Iob vvhich vvere in some part reformed of the Generall blindenes but euen those vvhich vvere not of the church of god as Abimelech the king of Gerar ād the very Cananites as longe as there vvas any step off equitie amongest them did see that the filth off this sinne vvas such as ought to be vvashed away vvith the bloud of the offenders For vnhereas Isaac feared the assault both of his life ād of the chastitie of Rebecka the king ordeined that vvhosoeuer ether laide violent hand of him or had to doo vvith his wife should dye And in that Iuda called for Thamar to be led forth to death in the land off Canaan vvhere him selfe vvas but a priuate man for that she being made sure vnto a housband plaide the harlot he gaue to vnderstand that the Cananites vvhich had euen then filled a Good part off that measure off sinne vnto the brincke whereoff they came afterward did notwithstanding poursne adulterers vnto death And when the Lord did afterward gyue testimonie vnto this punishement by the expresse wordes of his lawe yt is manifest that the lawe which God hath written in the table off the hartes of all men pronounceth the sentence off death agaynst adulterers So that onles men will like Gyantes fight agaynst the light of nature or saye that our Sa. Christe came to abolishe that which in all times and with all nations not alltogether spoiled off the discretion off honestie and dishonestie was obserued yt foloweth that the punishement off death against adulterers and consequently muche more against incestuous meetinges standeth in as full force nowe as euer yt did before the cōming of our Sa. Christe And when as adulterie being the least off those faultes which I haue set downe is found worthy of death Yt is easye to see what is the iudgement off the reste Howbeit hauing spoken somewhat before off the ciuill punishement off those which offend against the seruice off God and more being to be saide vppon occasion afterward that the necessary punishement off murtherers by death may haue with the rest some particular defence let some thing be said thereoff Firste the consent off all nations were they neuer so sauage in punishing this sinne with death teacheth that yt is the lawe of nature which can not be broken nor dispensed with yt is further to be noted that the causes remaining whereupon that necessitie off punishement by death was grownded in the lawe the punishement must still remaine The Lord sheweth these causes of not sauing the life off a murtherer at any hand first because the bloud vvhich his hand hath shed poluteth the land so that there can be no purgation off yt but in the bloud off the murtherer secōdly because the Israelites whiche were the people of God ād thirdly because the lord him selfe had his abode there cōsidering first that the strenght of this sin̄e in polluting a land is as great as euer it was onles for grace giuen to one murtherer men will call the wrath off God vppon a whole people the necessitie off putting murtherers to death remaineth vnshaken Then forasmuch as Christian cōmon wealthes are the people off God amongest whom he maketh speciall residence beside the common obligation whereby all men
is a popishe shifte as I haue shewed sufficiently before confuted yt hath no grounde in the vvorde testimony wherout he woulde pull yt For by a fygure off metonymy he noteth the peoples voice because by giuinge it they gaue also testimony what they the wght off him Where it is to be noted that the D. giueth no more to the churche off God then S. Paul giueth to straungers froÌ„ yt of whom he willeth that the bishop shall haue a good report There followeth the open violence doone vnto August wordes Where first let the reader obserue againe that this wresting of the example of Eradius against the election of the church was taken from Pighius as appeareth manifestly But for answer vnto Pigbius and the D. it muste be vnderstanded how for that election of Eradius to be bishop after August decease there were assembled two bishopes besides August 6. Elders beside Eradius with the reste of the clergie and people For what purpose all thes if it were in Augustines powre to choose onelie After yt appeareth that Augustine did call the people to haue there consente because he had experience off trouble and discontentement of the people off Millen for that Seuerus the bishop there did appoincte his successor before his death withowte speakinge any thinge theroff vnto them vvhich could not be auoided off Augustine if he mente to chuse any againste the will off the people For yt had bene better for him to haue appoincted one as Seuer us did vvithowte communicatinge the matter vnto them then in communicatinge yt to take one againste their willes Againe where the D. vppon those wordes I vvill haue Eradius my successor woulde haue that Augustine onely had the election off him he is coÌ„futed by and by after with his owne wordes I saie that I vvill haue him because I knovve that yovv vvill haue him And after he vvilleth that the publike notories shoulde as vvell note their voices as his vvill in this matter that saith he your consentes fall not to the grounde or become voide Wherunto also pertaine the subscriptions of them which folowed Which althowgh the D. saith are referred onely vnto the peticion off Augustine to be discharged off the hearinge off ciuill matters yet the wordes sounde otherwise For when he required their subscription to those Actes yt is cleare that he muste be vnderstanded to haue spoken off both those matters otherwise he woulde haue required subscription to that Acte and not vnto the Actes And where in the ende for an other reason he addeth Augustine was appointed bishope when Valerius bishope off Hippo was a liue I see not howe it maketh for him one word For if he think that Valerius off his Authoritie did it he is vtterly deceiued seing Possidonius writeth that Valerius spake vnto the people to prouide and to ordeine an elder off the cytie and sheweth how he was ordeined by the consente off all the people Which thinge yff it were not more lighter then the none daies off this Epistle off August yet yt mighte appeare by other as where he declareth that Pinianns was ordeined off the people elder off the church againste his will. moe might be alleadged but thes shall suffyse Sauinge that I muste put Maister D. in remembrance howe he merueilously forgetteth him selfe For grauntinge me before that the councell off Carthage wherat Augustine was presente decreed that the election shoulde be made by the commen consente off the people clerkes and bishopes in the same prouince he must heere needes confesse that ether Augustine did there ioine together in election with the church and the clergie as they terme them or that he brake the order off the Councell which could not be vvithowt his fault although the election off the church had bene as the D. esteemeth yt but a thing indifferent And the truth is yt appeareth that August had in that election an expresse regard vnto the decree off the councell which caused him beside the eldership off the church and people to send for two other bishops to be assistants Wherupon the reader may see how there is no light off wordes so cleare which Phighius and the Ans misled will not giue thâ—nser to darcken Besides that Ambrose calleth yt a diuine election which is made by the church which he could not onles yt were by the institution off God the whole discourse off the Epistle teacheth that the election off the people is there accounted off as necessary For when the church off Vercella did linger the time in not chusing a bishop vvhen it vvas also infected vvith Heretickes vvhy did not Amb. at least by vvay off Lapse take the election vnto him self but vvriteth vnto them reprehending them that they did not aske for a bishop as other churches were vvont to doo Gregor Nazienz speaking there off diuers elections vvherin still the people bore one part and that withowt controlement speaketh more for that election in that one place then the D. hath hitherto or in the residue of his treatise is able to shew And where he might seeme to haue somewhat nipped at it in shewing how at certeine elections some off the people were contentious he healeth that euen in the next sentence to this saying that at that time it was to be feared lest he ovvght to iudge the popular regiment better ordered then their ovvne and after maketh mention off the corruption off those which were fellow elders vvith his father but obserue I pray yow againe the D. faith fulnes which expouÌ„deth the worde churches the clergy Where learned he thus to expound Let it be that as in the scripture sometime so in the auncient fathers the eldership off a church is called by the name off church where can he euer shew that the eldership or as he termeth it the clergy of one onely church vvherof Greg. speaketh is called by the name off churches In steed therfore that he should haue translated both the richer and they off great authority in the church vvere cleane from that euill he hath translated the churches that is to say the clergy c taking the nominatiue plurall for the genitiue syngular Which although in the latin toung if one take not heed vnto the sense may deceiue yet vvhen the D. had the Greeke which hath off the church before him as it seemeth by cyting the greeke in the same place by and by after ether he vnderstood it not or willingly peruerted the meaning So I leaue to the reader whether I haue reasoned to the pourpose or no and whether yow besides wordes haue any thing at all As in certeine other places so in this in steed off that I should haue taken the quotacion which came after I taking the quotacion in my paper booke which went before was deceiued and for the 6. and 7. of Socrates set downe the 6. and 7. of Eusebius This verely is the error which the D. maketh so