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A01637 The summe of Christian doctrine written originally in Latine by John Gerhard ... and translated by Ralph Winterton ...; Aphorismi succinct et selecti. English Gerhard, Johann, 1582-1637.; Winterton, Ralph, 1600-1636. 1640 (1640) STC 11769.5; ESTC S4062 111,557 338

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rather then Man commanding that vvhich is unjust 63 If any thing be command●● which seems hard and grievous ●o ●● born yet we must bear it But if tha● which is commanded be impious an● unjust we are bound not to obey it 64 We ovv Tribute unto Kings and Magistrates because they labour f●● us because they rule and govern us an● because they defend us 65 But here a due moderation● is required For the tribute must be such ● the Subjects are well able to pay a●● such as the necessitie of the common-wealth requires 66 Here the question is moved ●●●ther that place 1. Sam. 8 is to be unde●stood of right or Custome It may be answered by distinguishing between the Necessitie of Government and the Pleasure of the King 67 Prayers also are a due which subjects are to pay unto kings and those that are in authoritie as the Apostle teacheth expressely 1. Tim. 2.2 68 It vvas vvell said by Bugenhagius That if vve vvere as ready to pray for the Magistrates as vve are to detract from them then certainly things vvould go better with us and it vvould be the better for us 69 The Hebrew Rabbies have such a saying as this Wo unto that people which bury their own Lords Rabbi Solomon Jar. in Comment Hos 1. 70 And Antigonus after his death is often digged up again by his Subjects 71 And thus much concerning the Politicall Order or Civil State That vvhich remains concerns the Politicall Doctrine 72 God who establisheth kingdomes grant unto all Christian kings princes and governours peace and tranquillity both in body mind here in this life did eternall salvation both of body and soul in the life to come Amen CHAP. XXII Wherein are contained Theologicall Aphorismes concerning Wedlock or Marriage 1_WEdlock is a state vvhic● vvas ordained by ●●o● even then vvhen ma● stood in his integritie and before his fall 2 Marriage is honourable in all and the bed undefiled Heb. 13.4 3 But to speak properly and accurately it is no Sacrament according t● the definition vvhich is given unto Baptisme and the Lords Supper 4 For it vvants the externall and visible element according to Gods institution and likevvise it vvants the pr●mise which is proper to the Gospel 5 But if we speak generally and inlarge sense so it may be called a Sacrament that is a signe of an holy thing Ephes 5.32 6 The proper place and seat of the doctrine concerning marriage is to be found in Gen. 2.18 c. 7 Unto which Christ calling us back Matth. 19.5 shevveth that the answer and solution of all questions and doubts concerning Marriage is to be fetcht from that place 8 There it is taught that Marriage is the lawfull and indissoluble knot and joyning together of two ●ne●y to wit the man and the woman 9 There Digamie and Polygamie that is having two wives or more ●s against the institution of marriage 10 Digamie is not when a man after the death of the first woman mar●ieth a second but vvhen a man at the same time hath two wives Chrysost in 1. Tim. 3. 11 For neither are second marriages nor third nor more then these forbidden by the Holy Ghost if so be that those that marry marry in the Lord. 12 Again The woman after the death of her first husband may be married again as before and yet ●●●ner 13 God tolerated in the fathers in the Old Testament Polygamie or ●aving many vvives but he ●o where commanded it 14 God tolerated it I say not fo● unbridled lusts sake but for propagating of the Church and promoting the promise concerning the blessed seed 15 And so God used that which was evil in them to a good end 16 That the Marriage-knot may be lawfull there is required the mutual consent of both parties 17 Therefore there must be no ●●olence used neither must● there be a●y errour especially such as toucheth ●●e substantials of marriage 18 The Consent which is required must be lawfull honest just free full and sincere 19 But though we said there mus● not be any errour yet if the faith 〈◊〉 once pledged and the promise of ma●riage once made it is not to be broke upon every errour 20 Neither is the Contract to be made void and of none effect for want of every condition which is required in the Consent 21 And further the Consent of the parties is without force and efficacie if there he not also the Consent of their parents 21 And therefore we say tha● the Consent of the parents is as well required as the mutuall Consent of the parties and that not onely for honesties sake but also for necessitie 23 And this we say following the authoritie of the Divine Naturall and Civil law 24 Which also some Canons of the Pontificiall law especially the more ancient do approve 25 If the Parents forget the duty which they ow unto their children or if they will abuse their power the Magistrate is to succeed into the place of the parents 26 Unto the lawfull joyning together in Matrimony this is also required that the degrees of kindred be not violated 27 Who may lawfully be joyned together in Matrimonie and who are forbidden we are taught in Leviticus Chapt. 18 and 20 by an expresse limitation of degrees both of Consanguinitie and Affinitie 28 Which Texts vve say are to be taken and understood not onely of the Persons but also of the Degrees 29 And we expressely and plainly affirm that these are the Constitutions of the Law of Nature 30 In these therefore there is no place for Dispensation 31 To these Divine Laws not without good and wholesome counsel and advice for greater reverence there are also added by godly Magistrates Prohibitions even to the third degree of an unequall line 32 Which we also hold fit to be observed but yet so that upon a good and probable cause they may be relaxed 33 But still there must be a Proviso or care had that Dispensation be not turned into Dissipation 34 In the Computation or reckoning of the Degrees we follow the Disposition and order of the Canons 35 Not that vve acknowledge our selves to be bound unto the Canons of the Pontificiall Law but because herein it is sound and good 36 In a right line there is given this Rule As many as the Persons are so many are the Degrees excepting one 38 In a Collaterall equall Line this Rule is given As many degrees as one Person is distant from the stock so many degrees is it distant from the other 38 In a Collaterall unequall Line In what degree the Person more remote is distant from the stock in that likewise it is distant from the other 39 In respect of Affinitie also some there are which are not to be married together 40 But this Affinitie which hindreth marriage doth not stretch it self farre 41 For between the kindred of the husband and the kindred of the wife there is no such Affinitie but that they may
of a Magistrate is seen or considered either in Peace or Warre 19 In the time of Peace let him administer Justice and Judgement 20 By Justice we understand externall obedience to both Tables of the commandments 21 For it is the Magistrates charge and care● to see that both the Tables of the commandments he kept and observed as farre as it concerns Externall Discipline 22 He may and must hinder false and blasphemous opinions from being spread abroad He may and must punish those vvhich are seducers of Souls especially such as are seditious He may and must hinder the profanation of the Sabbath 23 But yet he must not take upon him authoritie and povver over the Consciences of men vvhereof God onely is King 24 Therefore neither must the Magistrate compell the Subjects to any false religion neither must the Subjects obey if he goes about to compell them 25 Unto the Administration of Justice there belongeth also the povver of making Civil Laws to be the determination of the lavv of nature 26 For Christian Commonwealths are not simply tyed and bound to the Judiciall Laws of Moses 27 Unto the same also belong Contracts which are to be moderated by Charitie and Equitie From whence it is easily gathered vvhat vve may determine in the question about Vsurie 28 The Scripture simply forbiddeth Vsurie But vvhat be Contracts of Usurie that vve must learn from the end of the Lavv vvhich is Charitie and from the description of the Prohibition as also from the incorrupt judgement of the prudent 29 By the name of Judgement forementioned vve understand the defending of the good and the punishing of those vvhich do that vvhich is evil Rom. 13.4 30 To vvhich end and purpose were judiciall Lavvs invented for the hearing and judging both Civill and Criminall causes 31 Therefore a Christian man is not forbidden to go to Law so he do it in a lawfull manner 32 The Punishment which the Magistrate inflicteth upon the transgressours of the Laws and the troublers of humane societie must be Correspondent to the Fault committed 33 For it is not free for the Magistrate at his pleasure to let delinquents and offenders especially such as are in any enormous crime escape and go unpunished 34 Yet sometimes Equitie and Moderation of the rigour of the Lavv is to be used but still vvith a respect unto the Delinquent or Offender and the Offense it self 35 As Extreme rigour of the Law is sometimes Extreme injurie So likewise Extreme indulgence and remi●●nesse doth Dull the Edge of the Law and much diminish the povver and a●thoritie of the Magistrate 36 Here a question is moved abo●● Heresie Theft and Adulterie Whether the Punishment thereof ought ●● be Capitall 37 Whosoever doth maintain an Heresie Privately or else doth spread i● abroad but not seditiously we de●● that such a one is to be put to death 38 Other wayes of sowing an● spreading abroad heresies we leave ●● to the Magistrate to punish 39 To say that the punishment ●● simple Theft especially if it be but of light and petty matter ought to be Capitall that is very hard 40 Yet we do not mislike that the rigour of the Law should be execute● upon such as are common robber● breakers into houses and such as him often escaped for stealing and yet stea● again 41 The Law of God hath adjudged Adulterie to be punished vv●● death 42 In the time of Warre let the Magistrate be mindfull of his office and duty that he vvages Warre lawfully 43 For neither is the Magistrate forbidden to Denounce Warre nor the Subjects to take up arms if the Warre be Lawfull 44 The Conditions of a Lawfull Warre are these That it be undertaken upon Authority of superiours upon a good Cause and with a good Intention Thom. 2.2 q. 40. 45 Warre is not vvarre but robb●rie if it be undertaken without lawfull Authoritie of him that denounceth it 46 The Just causes of warre are Three Either Just defense or Just Punishment or Recovering vvhat is unjustly taken away 47 There must also be added an Intention of a fit and convenient end The Will must be for Peace and Warre is not to be undertaken but upon necessitie The End of going to Warre is or ought to be the procuring of Peace August Epist 205. 48 To a right Intention we referre also the Lawfull manner of waging warre 49 It was worthily spoke by Aurelianus to a certain Tribune of Souldiers If thou wilt be a Tribune if thou wilt live hold thy Souldiers in that they commit no outrages Let none of then steal an ●en take away another man sheep pull of a grape tread down the standing corn exact oyl salt or wood but let them be content with their own wages If they go a forraging and boothaling let them do it in their enemies countrie and not in the countrie of their friends and allyes 50 For it can never be hoped that those souldiers should be prosperous in warlike enterprises and feats of arms which at their departure carry away with them curses and tears for their Viaticum to feed upon by the way Gregor lib. 6. Histor. cap. 12. 51 Let them try their strength against their enemies But even against them let the stratagems of warre which they use be lawfull 52 But yet it behooves a Magistrate to try all courses before he goes to war For he may not do it but when the extreme necessity of the commonwealth calls for it As Physicians are wont to do when other remedies will not serve at length to come to searing and l●●cing 53 As in playing at Dice when money is laid once at stake it is a question upon the cast whose it shall be So is it in warre The king and the countrie lies at stake 54 The other part of the Politicall order or Civil state is made up by the Subjects which are Relatively opposed to the Magistrates 55 And they are either mere Subjects or else they are joyned also in some power 56 The Subjects ow unto their Magistrates honour fear fidelitie obedience tribute and prayers for them 57 This honour must be performed ●n heart and mind in mouth and word ●n work and deed 58 We must look upon the Magi●trates as the ordinance of God nei●her must we detract from them with ● black mouth nor deny unto them outward reverence 59 The Obedience vvhich is to be per●ormed hath certain bounds and limits ●or those Subjects which also them●elves are joyned in some power may ●hibit the Magistrates from usurping ●o much povver and authoritie over ●hem 60 Yea those also vvhich are merely Subjects are not bound to obey the Magistrates in all things that is if they shall command any thing against pietie and honestie 61 Subjects are to fear their own Kings For they have rule and authoritie over them But Kings also must se●● God For his kingdome ruleth over all Psal 103.19 62 We must Fear God rather then Man God whose commands are alvvaies just