and best learned of the church as also of the common-weale of England vntill these last and worst dayes in which some fewe young Doctors of small reading haue audaciously taken vpon them to censure both our church and Kingdome in that behalfe 2. that it is noe small sinne for the inferiour to disobey the Lawe of his superiour in indifferent things of which sort and order is euery oath clad with circumstances to this case appertaining as it may euidently be prooued by the testimonie of the best both olde and moderne Writers It were enough for tryall hereof to call to minde what is alreadie Written But for better satisfaction of the friendly Reader I am content to alledge their testimonies whose iudgements the male-contents themselues will easily admit Maister Beza hath these expresse wordes Res alioqui per se mediae mutant quodammodo naturam quum aliquo legitimo mandato vel praecipiuntur vel prohibentur quia neque contra iustum praeceptum omitti possunt si praecipiantur neque contra interdictum fieri si prohibeantur Sequitur si n. conscientias propriè solus deus ligat tamen quatenus vel magistratus qui dei minister est iudicat interesse reip vt quippiam alio qui per se licitum non fiat vel ecclesia ordinis decori adeoque aedificationis rationem habens leges aliquas de rebus medijs ritè condit eiusmodi leges pijs omnino sunt observandae eatenus conscientias ligaÌ„t vt nemo sciens prudens rebellandi animo possit absque pece cato velfacere qua it a prohibentur vel omittere quae praecipiuntur Things otherwise of themselues indifferent doe after a sort change their nature so soone as by any lawfull precept they are either commaunded or prohibited because they neither can be omitted against a iust mandate if they be commaunded neither yet be done against an interdict when they are forbidden For albeit God alone doth properly bind the conscience yet for all that when the Magistrate being Gods minister iudgeth it expedient for the publique weale that a thing otherwise of it selfe lawfull be not done or the Church hauing respect to order and comlinesse and consequently to edification ordaineth lawes touching things indifferent then such Lawes must be altogether obserued of the godly and they so farre bind the consciences that no man can wittingly and willingly with a rebellious minde either doe the things so forbidden or omit the things so coÌ„manded but he shall thereby become guiltie of sinne Maister Martyr hath these wordes Quare hand nos latere oportet c. Wherefore we must not be ignorant that in the church there be three vertues of traditions Some of them are euidently deduced and gathered out of the Scriptures And touching this kinde all the faithful are bound to communicate together Other some are wholy repugnant to the word of God they must be reiected by what authoritie so euer they be obtruded And there be a third sort of traditions which we may call neutrall or indifferent because they are neither contrary to Gods word nor yet necessarily ioyned thereunto In which last kind we must obey the church three cautions being obserued First that they be not obtruded as a part of Gods worship or peculiar holinesse but as pertaining to order the ciuill commoditie of the church to comlinesse in diuine actions for all things are contained sufficiently in the holy Scriptures which pertaine to Gods worship and holinesse Secondly that they be not reputed so necessarie but that they may be changed if time so require Let the church keepe her interest in these indifferent things to appoint what shall bee thought most necessarie and meete to edifie the faithfull Last of all let not Gods people be burdened with too great a multitude of them Thus writeth this learned man The Churches in Heluetia in their confession of their faith after a long discourse of rites and things indiffeâ—â—nt added these wordes Semper vero ecclesiae in huiusmodiritibus sicut medijs vsae sunt libertate id quod nos quoque facimus The Churches in such rites as in things indifferent haue euer vsed their libertie which libertie our selues also challenge The Churches in Svevia in their confession haue these wordes Tales multas sanè ecclesia hodie iure obseruat pro occasione quoque condit novas quas qui reiecerit is non hominum sed dei cuius traditio est quaecunqus vtilis est auctoritatem contemnit Many such traditions the Church this day obserueth aright and as occasion requireth she appointeth and maketh new ones which new orders whosoeuer shal reiect he contemneth the authoritie not of men but of God Out of these testimonies of these famous godly zealous and most learned writers I obserue these golden lessons First that things of their own nature indifferent doe after a sort change their nature so soone as they be coÌ„manded to be done or left undone by the setled lawes of the Church Secondly that they bind the consciences of all persons subiect to the Churches iurisdiction so far and in such sort that they caÌ„not at any time or in any place transgresse the same without great sinne if such transgression be ioyned and annexed either to scandall or contempt Thirdly that whosoeuer reiecteth such lawes and ordinances of the Church contemneth the authoritie of God not of men Fourthly that he sinneth grieuously who either doth the things which the Church prohibiteth or omitteth the things which she commandeth to be done so long as her commandements remaine within the limits of things indifferent which she appointeth for order decencie and the common good of the Church I answere thirdly that the Church hath authoritie to impose euery lawfull ordinance and constitution which she deemeth profitable for the Church vpon euery person subiect to her iurisdiction This point is sufficiently proued alreadie both in this present Chapter and in many others throughout this discourse So that henceforth one onely thing remaineth for me to proue viz. That to minister the oath ex officio whereby one is bound to accuse himselfe is either a thing lawfull of it selfe or else Adiaphoron and a thing indifferent of it owne nature I attempt the proofe Euery thing is either good of it selfe as God the author and giuer of all goodnesse or euill of it selfe as the blaspheming of God or indifferent of it owne nature as golde money oyle wine and such like Now if the oath ex officio be good in it selfe then doubtlesse the Church may minister it to her subiects with out offence None that hath sence or reason will or can for shame denie the same Againe if it be Adiaphoron a thing of it owne nature indifferent then it is likewise in the power and libertie of the Church to impose the same vppon euery member within her iurisdiction This is so sufficiently proued as no deniall can bee made thereof It
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
the church euen from the Apostles themselues That no church-laws canons ordinances or constitutions Ecclesiasticall whatsoeuer either ought to be established or can bee of force strength power or authoritie without the lawfull assent of the supreme ciuill magistrate That the church hath power freedome authoritie to dispose of all indifferent things to ordaine ceremonies and Ecclesiastical rites to appoint make constitute and establish lawes canons ordinances and constitutions whatsoeuer not repugnant to Gods holy word so that it be done for any one of these three ends vz. For order for comlinesse or for edification sake that there is grauitie decencie modestie and edification as well in the apparell allotted for the Ministers and the ministerie as in the other ceremonies of our English Church That the gouernment of euery particular Church may be altered and changed as the circumstances of times places and persons shal require That no charge is so tied to the practise of the Apostles but for her necessitie she may alter change the same Many other points of great moment are handled in this compendious discourse To which or to some part thereof all that may be reduced with facilitie whatsoeuer the aduersaries haue said or possibly can say against the gouernment of our English Church The worke such as it is most gratious Lord I humbly dedicate vnto your grace as well to giue a signification of a thankefull minde for all your graces fauours towards me namely for your great liberalitie in time of my sicknesse at my last being at London as also for your graces most Christiā zeale singular care painful endeuours employed for the good and quiet of the Church both of late dayes about the most profitable and necessarie canons of Anno 1604 and in former times euen euer since Church-gouernment was first imposed vpon you For which holy vigilancie and godly care though the Brownists the Martinists and other enuious and malitious male-contents doe both thinke and speake hardly of your grace yet are all that loue the common good and peace of our English Church bound in the highest degree to bee thankfull to your Grace for the same The Almightie preserue your Grace confirme your Godlie zeale against the disturbers of the common peace and giue you a long and happie life vpon Earth for his owne glorie and the Godlie gouernment of his Church and life eternall in the worlde to come Amen Your Graces most humble and most bounden Thomas Bell. THE REGIMENT of the Church CHAP. I. Of sundrie kinds of gouernment with the nature qualitie and condition of the same ARistotle that worthy learned famous Philosopher shewing plainly in a large politicall discourse that there be three kinds of lawful Regiment and three likewise of wicked Gouernement neither more nor fewer The first lawfull kinde is called Monarchia a Monarchy when one alone doth rule gouerne The second is called Aristocráteia an Aristocratie when a fewe of the best in the common-weale doe gouerne it The third is called Democratia a Democratie when many of the vulgar people doe rule For euery state of the Church cōmon weale doth either seeke the publique good thereof or their owne priuate gaine and pleasure If the common good be sought and intended the gouernment is godly but if priuate gaine or pleasure be either wholy or principally intended the gouernment is wicked If the gouernment be lawfull right and godly it is either by one and called a Monarchie or by some fewe of the best and called an Aristocratie or by many and called a Democratie If the King or Monarch ruling alone as our most gratious Soueraigne hath told vs most learnedly in his Basilicōdoron shal by the making and execution of good lawes acknowledge himselfe ordained for the good of his people and thereupon employ all his studie care industrie and endeuours to procure establish and maintaine their welfare and true christian peace as their naturall father and kindly maister then is hea King indeede and his gouernment a true Monarchy But if he studie to frame the gouernmēt of the common weale to aduance his priuate lucre to satisfie his own singular contentment and to serue his inordinate and sensuall pleasure he is then so farre from being a king indeed that he is become a slat tyrant and his gouernment changed into a plaine tyrannie If few doe gouerne well being of the best and wisest it is a lawfull Aristocratie but if these few gouerne wickedly seeking their own priuate not the cōmon good it is called an vngodly Oligarchie If many rule wel it is called a Democratie or popular state but if they gouerne naughtily it is termed a Timocratie Ochlocratie or Anarchy Wher the gentle reader must seriously obserue with me that paucitie and multitude are not the essential differences of Oligarchie and Timocratie but wealth and pouerty are the things indeed which work the intrinsecal distinction in these defects of pollicie These kinds of Regiment may analogically in some proportion be applied to the inferiour magistrates vnder his most excellent maiestie viz. to the LLs. of the most honourable priuie Councell the L. Chauncellour the L. Treasurer the Iustices of the Kings-Beneh Cōmon place Barons of the Exchequer Iustices of Peace c. in sundry places and causes to the cōmons of this Realme Which obseruation if it be wel remembred will be a motiue to put euery one of them in mind of their place calling that they may vse their gouernment accordingly This discourse is so cleere and euident as I decme it a thing altogether needlesse to vse further proofe therein For all learned men both Philosophers and Diuines doe with vniforme assent subscribe thereunto Obiection 1. The Law of nature teacheth vs that wee may loue our selues more then our neighbours For which respect God himselfe appointed mans own loue to be the squire rule by which he must measure his loue toward his neighbour The king therefore is not bound to regard more the good of his subiects then his owne priuate commoditie and the contentation of his mind The Answere I answere with S. Austen that kings must serue God two waies First as men which thing is performed by liuing godly soberly iustly Secondly as kings which they may performe by the making execution of godly lawes for the honour and seruice of God principally and secondarily for the cōmon good and peaceable gouernment of their people I say by the making execution of godly lawes because it is not enough for Kings to make godly lawes vnlesse they procure the same to be duly executed In the former respect kings may loue themselues more then their subiects but in the latter viz. as they are kings they must haue greater care to procure the welfare and good of their people then the welfare and good of themselues And the same may be said Analogically
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
nor against good manners may be indifferently obserued for their societie amongst whom we doe conuerse In the same Epistle the same holy Father telleth vs Saint Ambrose his iudgement concerning the varietie of fasting These are his wordes Cum RomaÌ„ venio ieiuno sabbato cum hic sum non ieiuno sic etiam tu ad quam sortè ecclesiam veneris eius morem serva si cuiquam non vis esse scandalo nec quenquaÌ„ tibi WheÌ„ I come to Rome saith Saint Ambrose I fast on Satterday when I am here at Millan I doe not fast Euen so must you doe when you come to any other Church you must doe after the manner of that Church if you will neither scandalize others nor haue others to scandalize you Heere is a most golden rule how to behaue our selues in things indifferent viz to conforme our selues to the time place and persons when where and with whom we doe conuerse If our brethren would seriously ponder and duly weigh this golden aduise of this holy Father they would abandon all contention doubtlesse about the signe of the Crosse the Surplesse and such like indifferent things and for that dutie which they owe vnto the magistrate whom they are bound to obey in all lawfull things euen for conscience sake they would conforme themselues to his lawes and their brethren and not to scandalize the whole Church as they doe To this graue testimonie of Saint Austen and Saint Ambrose it shall suffice for the second reason to adde this memorable obseruation viz. that our brethren who labour so busily to enforce vs violently to receiue their newe discipline are not able to make demonstration to vs either out of the Scriptures or generall Councels or the holy fathers or ecclesiasticall histories that any Church in the Christian world from two hundred yeares before the famous Councell of Nice vntill maister Caluins daies that is for the space of a thousand foure hundred yeares together to say nothing of former times had either the same newe discipline in practise or any pastors made after their manner Which if it cannot be done they wil I doubt not after mature delibration had therein confesse willingly and truly at least in their hearts that in this Church of England there is this day a lawfull ministerie consisting of lawfull Ministers and Bishops according to the practise of the Church in all ages The third reason drawne from the vniforme consent of best approued late writers MAister Caluin hath a very large and learned discourse of this question some part whereof shall suffice at this present These are his wordes Quia autem in externa disciplina ceremonijs non valuit sigillatim praescribere quid sequi debeamus quod illud pendere a temporum conditione provideret ne que iudicaret vnam seculis omnibus formam convenire confugere hic oportet ad generales quas dedit regulas vt ad eaâ— exigantur quaecunque ad ordinem decorum praecipi necessitas ecclefiae postulabit Postremò quia ideo Nihil expressuÌ„ traeâ— didit quianec ad salutem haec necessaria sunt en prc moribus vniuscuiusque gentis ac seculi varie accommodari debent ad ecclesiae aedificationem provt ecclesiae vtilit as requiret tam vsitatas mutare abrogare quam novas instituere conveniet Fateor equidem non temerè nec subinae nec levibus de causis ad novationem esse decurrendum Sed quid â—oceat vel aedificet charit as optimè iudicabit quam si moderatriceÌ„ esse patiemur salva erunt omnia But because in externall discipline and ceremonies hee would not particularly prescribe what wee ought to followe because he foresaw that this depended vpon the state and condition of the time and did not deeme one maner to be agreeable to all ages here we must haue recourse to his generall rules giuen vs and make triall by them of what things soeuer the necessrie of the Church shall require for order and comelinesse Lastly because hee therefore deliuered nothing expressely for that they are not necessarie to saluation but must be applied diuersly to the benefit of the Church as the manners of euery nation doe require it shall therefore be convenient as well to chaunge and abolish the olde ceremonies as to institute newe as the good of the Church shall require I confesse freely that we must not vse innouation neither rashly nor often nor vpon light occasions But what shall bee hurtfull or profitable charitie shall best discerne which if we shall suffer to rule vs euery thing shall be well The same author in an other place hath these wordes Ego autem non nego quin aliquae fuerint apostolorum traditiones non scriptae sednon concedo fuisse doctrinae partes nec de rebus ad salutem necessarijs Quidigitur quae pertinerent ad ordinem poluiam Scimus n. vnicuique ecclesiae liberum esse politiae formam instituere sibi aptam vtilem quae dominus nihil certipraescripserit But I denie not that the Apostles deliuered some traditions which are not written Yet I doe not grant that they were either parts of doctrine or necessary to saluatioÌ„ What were they then doubtlesse such as pertained to pollicy and order For we knowe that euery Church hath her fredome and libertie to institute and ordaine such a kind of pollicie discipline as shall be thought meet profitable for the same because our Lord prescribed no certaine rule therein The same author in an other place hath these words Altos omnes ritus illic non vsitatos noÌ„ tantùm restuebant sed andactèr etiam damnabant Talis morosit as deterrima est pestis quum morem ecclesiae vnius volumus provnivsrsali lege valere They did not onely refuse all other ceremonies not vsed in that place but did also malepertly condemne them Such Morositie is a most noysome plague when wee will make the manner and discipline of one onely Church to be a generall rule for all Thus writeth this learned Doctor Out of whose wordes I may truly gather so much as will euidently make good the question I have in hand For First he telleth vs plainly that the holy Apostle did not set downe any certaine rule or lawe concerning things indifferent Secondly that hee lest that freedome and libertie to the Church and that for this ende and purpose because forsooth he foresaw in his wisedome that such things depended vpon the condition of times and that one manner of discipline was not conuenient to all places and persons Thirdly that euery Church may either chaunge her olde ceremonies or institute new as the necessitie of the Church requireth Fourthly that charitie is the best rule to follow herein and that euery thing is lawfull which is agreeable to the same Which rule S. Augustine appointed before him as I haue proued already Fiftly that the Church hath received many vnwritten
regendae ecclesiae rationem varios quoque ordines ministroruÌ„ multiplicaverint quando id eis liberum fuit sicut nobiâ— quando constat id ab illis fuisse factum honestis de causis ad ordinem ad decoruÌ„ ad aedificationem ecclesiae pro eo tempore pertinentibus In the meane while wee blame not the Fathers that for the diuers manner of dispensing the word and gouerning the Church they haue also multiplyed diuers orders of Ministers because they had libertie so to doe as our selues also haue and because it is euident that they did that vpon honest causes which pertained at that time to order comelinesse and edification of the Church Thus writeth the most learned Doctor Maister Zanchius who if I bee iudge was a man of as rare learning and profound iudgement as euer was any in the Church Out of whose words I of serue First that wee should not moue contention in the Church for any rites and Ceremonies in the same Secondly that euery Church hath her libertie therein to appoint what is best for her owne government Thirdly that the Church of olde time did vse so to doe Fourthly that Zanchius approueth S. Austins rule herein as M. Calvin did before him Fiftly that it was lawfull for the auncient Church to appoint sundry orders of ministers and the church this day hath the same authoritie Sixtly that the causes and respects for which the church may ordaine and make lawes in things indifferent are either edification order or decencie as I haue proved already at large The Corollarie of the Chapter FIrst the church may chaunge Christs owne practise and that in Rites and ceremonies pertaining to the holy Sacraments Secondly the church may appoint solemne feastes to be obserued as Salomon did institute the dedication of the Temple for seuen dayes Hester Mordecai the festivitie of their deliuerance Ezra and Nehemias the dedication of the wall at Ierusalem Iudas and his brethren the dedication of the Altar for eight dayes Thirdly the Iewes instituted their Sanhedrim after their returne from their captivitie in Babylon Fourthly the church by S. Austins iudgement may make any Lawes which are neither against faith nor good manners Fiftly the church saith Maister Calvin hath authoritie left her in things indifferent either to make newe lawes or to cassiere and chaunge the old so often as the necessitie of the church doth so require Sixtly the church receiued many vnwritten traditions concerning order and government of the Church Seuenthly the church saith Zanchius hath authoritie to constitute moe orders of Ministers when it is for the good of the Church Eightly the church may make any lawes which are not repugnant to Gods word So saith M. Beza telling vs plainly that we must not so much respect what the Apostles did as what the peace and good of the church requireth Much other like matter the same Beza together with Calvin Martyr and Zanchius haue deliuerd vnto vs as may appeare by this present Chapter I therefore conclude that the authoritie which this our our English church doth this day challenge vnto her in her riâ—es ceremonies ordinances lawes and constitutions is grounded vppon the holy Scriptures the practise of the Catholique Church and the best approued late writers Al obiections that possibly can be made against the lawes and constitutions of our English Church may bee answered with all facilitie by that which is plainly deliuered in this present Chapter whosoeuer shall marke it well will I thinke bee of mine opinion see the ninth Chapter and marke it CHAP. VIII Of things indifferent in particular The first Aphorisme of Chruch-holy dayes THe vulgar people for a great part what through vndiscreet zeale in some and tootoo rash preaching Ne quid gramuâ— dâ—â—a in othersome are so perswaded or rather bewitched blinded that they thinke they serue God better alas for pittie if they be quaffing in the Ale-house or sleeping in their chambers or gazing in the streets then doe their honest neighbours in going to the church on holy dayes there to ioyne with the faithfull in hearing diuine seruice and godly prayers They are not abashed to say for their vnchristian excuse that no power vpon earth can appoint an holy-day and that it is great superstition to obserue the same But certes none that are well studied or read either in the holy ecclesiasticall histories or in generall Councels or in the auncient Fathers or in the best approued late writers can ever without great blushing avouch or defend that vntimely hatched doctrine and vnsoundly conceived opinion Queene Hester and godly Mordecai appointed an holy day for the remembrance of Gods great benefit toward them in deliuering them from Hamans crueltie King Solomon ordained a solemne festivitie for the space of seuen dayes in the dedication of the Temple The Machabees instituted an holy feast to bee kept from yeere to yeere for the space of eight dayes for the dededication of the Altar Which feast Christ vouchsafed to honour with his corporall presence at Hierusalem The Iewes instituted their new Sanhedrim Synedrion or Presbiterie after their returne from their captimitie in Babylon as maister Calvin recordeth in his Harmonie vpon Saint Matthew The reformed churches in Helvetia doe right well allow the feastes or holy dayes of the Nativitie resurrection and such like If I should endevour my selfe to recount all that which may easily be collected out of the auncient councels the holy-fathers for the approbatioÌ„ allowaÌ„ce of holy-daies after the custome at this day of auncient time vsed in this church of England time would sooner faile me then matter whereof to speake I will in regard to brevitie content my selfe onely with one or two testimonies of councels as also of the graue holy auncient most learned father S. Austin then proceed to the testimonie of late writers because in this dispute they whoÌ„ it chiefly concerneth either haue not seene or read the councels and the fathers or else more rashly then wisely contemne their degrees iudgements and without all rime reason preferre their owne opinions before them The councel holden at Granado or Elebertine aboue 1200. yeares ago such is the antiquitie of holy-dayes in the Christian Church reputed the practise of the Church in former ages to be of such force in that behalfe that they deemed them Heritiques that would not obediently yeeld vnto the same These are the expresse words of the Elebertine Councel Pravam institutioneÌ„ emendari placuit iuxta authoritatem scripturarum vt cuncti diem Pentecostes celebremus Quod qui non fecerit quasi novam haresim induxisse notetur We haue decreed that the depraved institution bee amended according to the Scriptures that wee may all keepe the day of Penticost and the feast of Whitsonday Which who soever shall refuse to doe let him bee noted as one that hath brought a new heresie into the Church
simus in nimio rigore superstitiosi For we this day make no scrupulositie of conscience to retaine still those Churches which were polluted with Idols and to apply them to a better vse because that which is added to the Lawe by way of consequence doth not bind vs. I graunt willingly that all those things which tend to the planting of superstition ought to bee taken away so that by precise vrging of that which is of it self indifferent we be not in too much rigour superstitious Thus writeth Maister Caluin Out of these wordes of these two great learned Fathers I note these worthy lessōs First that things superstitiously abused may be applied to the honour and seruice of God Secondly that things which were superstitiously vsed may after their application to a good and godly vse be resembled to those persons who of Idolaters are become good Christians Thirdly that God himselfe hath taught this to be so at two seuerall times in two distinct subiects First when he commaunded the wood of the groues which had beene dedicated to the false Gods to bee applied to his owne vse and sacrifice Secondly when he appointed that the gold siluer and brasse which had beene prophaned in Hiericho should be brought into the treasurie of the Lord. Fourthly that our owne practise doth approue the same to be lawfutl while we retaine Temples abused by the Papists To which I adde the keeping still of Bels Pulpits Wine strong drinke and good cheare For all these haue beene and this day are abused not onely by the Papists but euen by those who liue among vs and professe themselues to be of vs. And therefore if wee will reiect the one sort for abuse wee must also reiect all the rest for the same respect Vnlesse perhaps it be a sufficient answere that our owne conceits neither grounded vpon authoritie nor reason must teach vs what to doe in all respects The Reply Wine strong Drinke Bels Pulpits and the like are things of necessarie vse so are not Tippets Caps and Surplesses Therefore the case is not like The Answere I answere first that we may liue without all those things which in the prepositiō are holden for necessarie Secondly that not onely maister Caluin and S. Austen speake indefinitely and generally of all things abused but the Brownists and Martinists doe in their refusal approue the same viz. the things obiected are not necessarie and therefore they meet in woods fields and odde corners Thirdly that if the superstitious vse of a thing doe so change the nature of the same thing that it can neuer be wel vsed againe then doubtlesse must we perforce reiect all things which haue once bin prophaned and superstitiously vsed Neither will it or can it serue our turne to say this is necessarie so is not that For as the Apostle saith Non sunt facienda mala vt iude eveniat bonum Wee must not doe euill that good may come thereupon But if the thing before indifferent in it owne nature doe stil remaine indifferent notwithstanding the abuse as I haue alreadie proued it then may the lawful magistrate and much more the Church with his authoritie and assent concurring retaine stil some thing reiect other some as it shall seeme most expedient for the quiet and peaceable gouernment of the Church For the Church hath free libertie and power to dispose of all things which are Adiaphora indifferent of their own nature The 2. Reply It is against my conscience to weare a Surplesse to make the signe of the Crosse in the childs forehead and so forth Ergo I may not doe it The Answere True it is that whosoeuer doth any thing against his consciēce sinneth though the thing he doth be otherwise lawful to be done Wherfore his onely remedie is this either to reforme his erroneous conscience or else peaceably to giue place to the law not contentiously to withstand the law of his superiours to whō vnder God he oweth obedience and so to raise vp schisme contention in the Church But it is to be feared that some pretend conscience where onely pride beareth the sway Because forsooth they haue more rashly then wisely Preached against the same ceremonies informer times The 3. Reply The reformed Churches in other countries haue abolished such Popish ceremonies Why therefore should we keepe them still in our Churches The Answere I answere 1. that as some other Churches haue reiected some ceremonies which we still retaine Ô so haue we reiected some ceremonies which some other churches stil retaine Secōdly that as other churches are not to be condemned for reiecting such ceremonies seeing they be no essentiall parts of religiō so neither ought our Church to be euil censured for retaining thē being things indifferēt in their own nature Thirdly that many things are conuenient for some places persons and times which for all that are very preiudicial and nothing beseeming nor befitting other persons times and places many things good for one cōmon weale which are too too hurtfull for an other many things conuenient for the gouernment of one Church which would quite destroy the state and pollicie of an other Euery Church therefore hath her freedome power and authoritie in all things indifferent to make constitute and ordaine such lawes as shal be thought most expedient for the good thereof This assertion is proued at large in the Seuenth Chapter throughout all the Aphorismes therof To which place I referie the reader for better satisfaction in this behalfe The 2. Obiection The grauen Images of their Gods shall yee burne with fire and couet not the siluer and gold that is in them nor take it vnto the least thou be snared therewith for it is an abomination before the Lord thy God The Answere I answere first with S. Austen in these wordes Satis apparet aut ipsos privatos vsus in talibus esse prohibitos aut ne sic inde aliquid inferatur in domum vt honoretur Tunc n. est abominatio execratio non cum talibus sacrilegijs honor apertissima destructione subvertitur It appeareth sufficiently that either priuate vses be forbidden in such things or else that nothing should so be brought into thine house that it be honoured For then is it abomination and execration not when together with the Idolatrie the honour is also euidently ouer throwne Secondly that this was a politicall Lawe giuen onely to the Iewes for a time and consequently that wee Christians are not strictly bound to the same The ignorance whereof hath brought many into many grosse errors I therefore note heere by the way for the benefit of the well affected and thankfull Reader that the Lawe of Moses was threefold viz. ceremoniall iudiciall and morall whereof the morall part doth this day onely remaine in force with vs Christians as which is indeed the very Lawe of nature imprinted in euery mans heart in his natiuitie and so cannot be altered or changed
But the ceremoniall part was ordained to prefigure the ministerie of Christ then to come and the iudiciall part was semblably appointed for the conseruation of iustice among the Iewes And consequently as they both pertained to that time and that people onely so were they both expired by the aduent of our Lord Iesus This Saint Paul teacheth to be so where he telleth vs that the Priest-hood being translated the Lawe must also of necessitie haue a change Hence commeth it first that where one could not by that Law be condemned vpon the testimonie of one man but of two at the least hee may this day bee condemned lawfully vpon one mans oath where the Lawe of the Realme doth so appoint Where I cannot but greatly admire them who seeme to condemne such Lawes by vertue of the iudiciall Lawe of Moses For the morall part onely being now in force the other can haue no place But the morall and naturall part marke well my wordes doth onely require this viz. that great care and circumspection be had in iudgement and that none bee condemned vniustly Touching the number of witnesses the Lawe of nature is silent and leaueth that point as Arbitrarie to the of man Hence commeth it Secondly that blasphemers adulterers such like malefactors are this day suffered to liue in many Christian kingdomes and that thing is permitted without any trangression of Gods lawe in that behalfe For the Lawe of nature doth onely require this viz. that sinne be so punished as standeth best with the peaceable gouernment of the common-weale Touching the quantitie and kind of punishment it saith nothing at all Hence commeth it Thirdly that the intailing of lands is lawfull this day among Christians although some haue more audaciously then wisely auouched the contratie in open Pulpit It is therefore most prudently and right Christianly prouided in the Cannos of Anno. 1604. that none shall bee permitted to Preach without Licence Hence commeth it Fourthly that the true owners may for good causes and considerations lawfully sell their landes and inheritance and others lawfully buy the same howsoeuer some without all testimonie of Scriptures Councels or Fathers doe peremptorily Preach against the same I will for charitie sake heere conceale what to my griefe and the scandall of many hath out of open Pulpit sounded in mine eares Hence coÌ„meth it fiftly that Fathers may giue their lands lawfully to any of their children either to the yongest or to any of the rest or to the Church Hospitals kinstolkes or meere stran gers so it be done for good respects and godly considerations for the Law of nature requireth no more of Parents concerning Goods lands and possessions but this onely thing that they bring vp all their children in true faith holy feare and humble obedience and prouide competently for their honest mainteinance and sustentation If any shal hold the contrarie hee will giue occasion to set all the land together by the eares Hence coÌ„meth it Sixtly that sundry customes in this land viz. where brethren inherite together as sisters at the common lawe and the youngest sonne before the eldest are not vnlawfull the like may be saide of many other points in the iudiciall Lawe and to this present obiection For the naturall part of this iudiciall Lawe doth onely require this of vs viz. that we keepe our selues from Idolatry and from doing any honour or worship to the same Maister Caluin doth not dissent from this mine exposition concerning the text alledged in the obiection These are his expresse words Quamvis autem politicum hoc fuerit praeceptum tantum veters populo ad tempus datum ex co tamen colligimus quám detestabilis sit idolatria quae ipsa etiam dei opera sua soeditate inficit Although this were a politicall precept and giuen onely to the Iewes for a time yet may we gather therof how detestable a thing Idolatry is which with the silth thereof infecteth the very workes of God Loe this precept was onely giuen to the Iewish people and endured but for that time and so as it is iudicial it doth not this day touch vs that be Christians at all Maister Musculus iumpeth with M. Caluin for the truth of this question These are his expresse wordes Hactenus ostendimus abrogandam fuisse legem Mosaicam per adventum Christs nova legis introductionem iam consequentèr videnduÌ„ est quatenus sit abrogat Sequitur quaernÌ„t an tota sit abrogata respondemus si totus Moses cessit Christo vtique tota illius lex cessit legi Christi Hitherto we haue shewed that the Law of Moses must be abrogated by Christs aduent by the introduction of the new law Now we haue to consider consequently in what sort it is abrogated The question is asked if it be wholy abrogated or onely in part we answere that seeing Moses himselfe gaue place wholy vnto Christ the Lawe doubtlesse of Moses must likewise giue place wholy to the Law of Christ. The Reply But maister Caluin saith plainly that Idolatry infecteth the very workes of God with the filth thereof Therefore things once applied to Popish superstition and Idolatrie can neuer thenceforth be lawfully vsed The Answere I haue proued alreadie out of M. Caluins own wordes that we may vse things lawfully which haue bin abused to Idolatrie as Temples Pulpits and such like Neither doth maister Caluin say here that such things are polluted in themselues but that they are so called in respect of the people so to terrifie them the more from Idolatry For these are his wordes immediately going afore Respondendum est anrum vel argentum impio abusu minimè fuisse vitiatum sed quamvis omns macula in se careret populi respectu fuisse poliutum Talis suit animalium immundities non quod in se quiâ—quam baberent inquinamenti sed quoniam deus eorum esu inter dixerat I answere that the gold or mony was not defiled with the impious abuse thereof but albeit it was without all blemish in it selfe yet in respect of the people it was polluted Such was the vncleannesse of the beasts in the lawe not for that they had any pollution in themselues but because God had forbidden to eate them Loe M. Caluin granteth freely that they are still indifferent in their owne nature as they were afore The 3. Obiection There is no order in them but confusion no comelinesse but deformitie no obedience but flat contempt of God and his word The Answere I answere first that I haue alreadie proued sufficiently that there is grauitie modesttie and comelinesse in the apparell of our Ministers and that as well in their common life as in the time of their ministration Secondly that it is not euery priuate mans part to define decide and appoint what is order and comelinesse in things in different and the external gouernment of the Church but that pertaineth to them onely to whom God hath
church may be altered according to the circūstances of times places persons Fiftly that the English long expected presbyterie can not stand with our English Christian Monarchie For she challengeth that as her proper office which as Musculus truly saith doth properly pertaine to the ciuill Christian Magistrate I say thirdly that it cannot be concluded out of the holy Scriptures that any annuall vnpriested Elders had the rule of the Church with the Pastors and Bishops I say fourthly that for want of Christian Princes laicall Elders may be assumed to the Church-gouernment to help and assist the pastors Yea I further graunt that the said Elders may remaine vnder a christian prince so it be with his assent good pleasure and moderation But I constantly denie that such kind of gouernment must of necessitie bee had in and vnder a Christian Monarchie The first Reply S. Ambrose writeth plainly that the Synagogue and after the Church had Seniours without whose counsell nothing was done in the Church The which saith hee by what negligence it was left of I can not tell except happily it were through the slouth or rather the pride of some pastors because they alone would seeme to bee somewhat The Answere I answere first that S. Ambrose did not thinke those Elders of whom hee speaketh to be necessarie for the government of the Church I prooue it because hee being a most learned zealous and godly Arch-bishop would for his zeale and pietie haue laboured to restore them and could for his great authoritie haue effected the same Secondly that Saint Ambrose speaketh of Elders in yeares not of Elders in Office that is of wise graue and olde men of great experience whom the Bishops in former times tooke in counsell with them as did also the auncient Synagogue Our Church-wardens in this age doe in some sort resemble them It something grieued holy Ambrose that graue men auncient in yeares whom the Apostle would not haue reproued roughly did not remaine in like esteeme with the pastors of the Church as they were of old This is the true meaning and sense of S. Ambrose concerning those Elders he speaketh of I prooue it out of S. Ambrose his owne wordes which are these Nam apud omnes vtique gentes honorabilis est senectus For among all nations olde age is honoured For which cause both the Synagogue of old and the Church afterward had alwayes certaine old men without whose aduise nothing was done in the Church Loe he speaketh of honouring Elders and auncient men in regard of their yeares But he neuer meant to equalize them with those who were Elders in calling and gouerned the Churches vnder him No no the blessed man Ambrose that graue and holy Bishop of Millan neuer dreamed or once conceiued in minde that any order of the Ministerie set downe by Christes Apostles was worne out of vse in his time The 2. Reply S. Hierome who followed S. Ambrose immediately telleth vs most plainly that in his time the Presbyterie or Eldership was in the Church The Answere I answere first that if wee suppose your Presbyterie to haue beene in Saint Hieroms time and not in the dayes of Saint Ambrose it will fauour vs and wholy make against your helpes The reason is euident because that which may bee vsed at some time and be wanting at other times is not of necessitie to be vrged at all times and this is all that wee desire Secondly Saint Hierome speaketh of Priested Elders and not of men in no degree of the Ministerie His wordes are these Et nos habemus in ecclesia senatum nostrum caetum Presbyterorum And we haue in the Church our Senate a companie of Elders or Priestes Loe hee speaketh of Priestes and of Colledges of Cathedrall Churches I proue it by two reasons First for that himselfe telleth vs in his words afore-going that he speaketh of those Elders whose election Saint Paul describeth vnto Timothie Againe because it is vnpossible that those vnpriested Elders should bee in Saint Hieromes time who were worne out in Saint Ambrose his time because Saint Austin S. Ambrose and S. Hierome were all at one and the same time The 3. Obiection The long expected Presbyterie is no way preiudiciall to the Christian Monarchie but giueth to him so much as the Scripture alloweth The Answere M. Gualter a zealous vertuous and learned Writer of high esteeme in the reformed Churches sheweth plainly vnto the world what right and authoritie the new presbyterie ascribeth vnto Princes These are his wordes The Donatists of our time ought to consider these things more diligently which doe ouer rashly condemne whole Cities and Countries where the word of God is preached the sacraments rightly administred publique praier celebrated the poore sufficiently prouided for and vices by good and godly lawes for bidden and punished All these things they esteem as nothing except there be a certaine new magistracie appointed which should haue authoritie ouer Princes also The same learned writer in another place discourseth in this manner There be sundry that will needes institute Elders or an ecclesiasticall Senate according to the example of the Primitiue Church which also should haue authoritie ouer the Magistrates themselues if at any time they did not their dutie But it behooueth them first to shew that those their Seniours haue this power whereof Paul doth presently speake which thing seeing it doth by no meanes appeare and yet they deliuer vnto Satan whome they will they doe like as if some would goe about to cleanse the leaprous raise the dead and worke other miracles because these things were vsually done in the primitiue Church The same learned Doctor in another place writeth thus Their ambition is reproued which goe about to bring all Churches to the forme of their discipline and government cry out that there is no discipline there where all things are not agreeable to their traditions and orders But these mē receiue a iust reward of their arrogancy when they that come frō them to other countries goe beyond all men in fancinesse bring nothing from home but a vaine and intollerable contempt of all good men neither can they abide to be corrected by any admonition of others The zealous godly and learned Doctor Musculus hath these expresse words We thinke otherwise then they who denie to Christian Magistrates authoritie to make ecclesiasticall Lawes We boldly affirme that all power of making authenticall Lawes which binde the consciences of the subiects whether they be ciuill or ecclesiasticall doe neither pertaine to the multitude of the faithfull nor to the Ministers of Gods word but properly to the Magistrate onely to whom more power is giuen ouer his subbiects Wherevpon they are called in the Scripture Gods who doe execute the Magistracie which name of honour we doe not reade that it was giuen vnto the Priestes The very reason and nature of gouerning can not suffer that there be 2.
with me that Maister Caluin speaketh of the most notorious sinnes of incest and consequently that hee graunteth power vnto the magistrate to pardon what Malefactors or sinnes so euer For though the magistrate can neuer make that to be no sinne which Gods lawe prounceth to bee sinne yet saith M. Caluin the magistrate may make a law that the same sinne shal not be punished Which doubtles is the selfe same doctrine that I do teach for the present Thirdly that by the law of the New Testament the Prince is onely charged in generall tearmes to punish malefactors and that for the common good of his faithfull people in regard whereof hee may lawfullie cease from punishing them when the common intended good of his subiectes eyther can not or wil not insue thereupon For if Kinges should at all times punish all malefactors the Church of God would often be depriued of most excelent and profitable members For which respect our Sauiour himselfe telleth vs that when the tares cannot be seuered from the good corn vnlesse both be pulled vp together then may they tollerate the tares or weedes with the good corne vntill the time of haruell As if hee had saide when the wicked cannot be punished but with great domage to the godly then may the Magistrate tollerate such malefactors vnpunished and not thereby sinne at all Therefore saith the holy father S. Austen that Christes Church doth tollerate many thinges which he neither doth nor can approue And the same holy Father in a large and learned discourse against Parmenianus shew eth plainely vnto the Reader that the notorious sins must then be anathematized when there is no daunger of schisme to enfue thereupon not otherwise least that turn to the churches harm which was intended for her good Amongst many other godly sentences which for breuitie I here omitte these are his expresse wordes In hac velut angustia quaestionis non aliquid nouâ—m aut insolitum dicam sed quod santas obseruat ecclesiae vt cum quisque fratruÌ„ id est ChristianoruÌ„ intus in ecclesiae societate constitutorum in aliquo tali peccato fuerit deprehensus vt anathemate dignus habeatur fiat hoc vbi periculum schismatis nullum est Sequitur nam ipse dominus cum seruis volentibus zizania colligere dixit sinite vtraque crescere vsque ad messem praemisit causam dicens neforte cum vultis colligere zizania eradicetis simul triticum Vbi satis osteudit cum metus iste non subest sed omnino de frumentorum certa stabilitate certa securitas manet id est quando ita cuiusque crimen notum est omnibus omnibus execrabile apparet vt velnullos prorsus vel non tales habeat defensores per quos possit schisma contingere noÌ„ dormiâ—t seueritas disciplinae Sequitur cum vero idem morbus plurimos occupaucrit nihil aliud bonis restat quam dolor gomitus In this intricate question I wil say no new or straÌ„ge thing but euen that which the soundenes of the church obserueth that when any Christian which in the societie of the church shal be taken with any such offéce as shall deserue an anathematization the same be done where there is no perill of schisme For our Lorde himselfe when hee saide to those that woulde gather the tares suffer them to grow vntill the haruest premised the cause saying least while yee desire to gather the tares ye plucke vp also the wheate VVhere hee sheweth sufficiently that when there is no such feare but there abideth securitie enough of the stabilitie of the corne that is when euerie mans crime is so apparant and execrable to all that eyther it hath none at al or no such patrones as are able to raise vp a schisme then may not the seueritie of discipline bee a sleepe But when many haue the same disease there resteth nothing for the godly but sorrowe and lamentation Thus writeth this holy Father Out of whose wordes we may gather euidently that the magistrate may lawfully tollerate sinne and sinners vnpunished when by their punishment more hurt then good would ensue to the Church VVhich selfe same doctrine King Dauid full of the holy Ghost deliuered long afore him when he vttered these wordes Know ye not ' that there is a Prince and a great man fallen this day in Israel and I am this day weake and newly annointed King and these men the sonnes of Zeruiah be too hard for me the Lord reward the doer of euill according to his wickednesse Loc the blessed King spared two most cruell murderers Ioab and Abishai his brother and this hee did onelie for this end least by their punishment greater hurt should haue come vnto his Kingdome The 2. Obiection Achab the King of Israel was punished with death because he granted pardon to Benhadad King of Aram. So King Saul was deposed from his kingdome for that he spared Agag king of the Amalekites Answere I aunswere first that Achab was precisely designed by God himselfe to doe execution vpon Benhadad And so was also Saul appointed in precise tearmes to put King Agag to death Secondly that in the New Testament Princes haue no such special commaundemeÌ„t but are only charged in general to punish malefactors Thirdly that they were extraordinarie precepts giuen to these Kinges extraordinarilie not to bee done generally to all malefactors but to two notorious persons in speciall and consequently that no generall Law can bee grounded thereupon Fourthly that affirmatiue precepts binde not in euery season but when the due circumstances of time place and persons and the common good of the faithfull shal so require as is alreadie proued For otherwise I see not how Saint Paul can bee excused who made earnest sute to Philemon to pardon his wicked seruant Onesimus who vniustly had gone away out of his seruice And the like may bee saide of Saint Austin who so ofieÌ„ made intercession to the princes of Africa to pardon the Donatists and Circumcellions who did not onelie disturbe religion but also spoiled the Christians of their lawfull goodes Yea it was the vsuall custome of the Iewes as the holy gospel beareth recorde to see some one Prisoner at libertie euerie Easter which custome is not reproued in any place of holy writ Fiftly that it is a case so cleare by Saint Paul that male factors may sometime bee pardoned as it is without all rime and reason to denic the same For what can be a greater offence then such fornication as is not once named among the Gentiles to wit that one should haue hi fathers wife And yet when the partie that did this horrible fact seemed to giue signes of true remorse Then Saint Paul himselfe pardoned him and willed the Corinthians to doe the same So did the Fathers of the Elebertine Councel pardon the vsurers of the Laical sort when they promised to