the holy oracles and wordes of god should get their credite by men which are otherwise lyers But these things they faine to the entēt that seyng they are manifestlye founde often tymes to haue decreed and ratified in the Sacraments doctrines farre otherwise than the holy scriptures will beare Whiche thing they would defend that they may do it bycause the Churche whiche doth bring authoritie and credite to the worde of God may alter things in the holy Scriptures as pleased it Wherfore we must resiste them by all meanes possible in this thyng which they take vpon them to do We may not suffre our selues to be brought to thys poynte to thincke that the Scriptures haue had their credite and authority by the Churche And yet do I not write these thynges as thoughe I woulde despise or contemne the dignitie of the Churche vnto the whiche There be three offices of the Churche touching the word of God The Churche as a witnesse kepeth the holy Bookes I do attribute thre offices and them moste excellent as touchyng the worde of GOD. The firste of them is that I do confesse that the Church as a witnesse hath kept the holy bokes But thereby it can not be proued that it is lawful for it to peruert or alter any thing in the holy bookes Experience teacheth vs that publique and priuate wrytinges are committed to scriueners whiche are commonly called notaryes to be layd vp and diligently kept of thē And yet there is none that is in his right wittes which wil say that he may alter any thing in them or wil beleue that their authoritie is of greater force than their willes were whiche desired to haue the same written The worde of God reuealed and written Neither shall it be here vnprofitable to obserue the difference betwene the worde of god as it was reuealed at the beginning to the Prophetes sainctes as it was afterwardes preached or written For we do easely acknowledge betwene these that there is onely difference of tyme and not of the authoritie or efficacie For we confesse that the worde vnwritten was more auncient than that which was afterward appointed to letters and we graunt that either cōferred together was geuen to the Churche but in suche sorte that the Churche as we haue sayd can not by any meanes wrest or chaunge it The office of the Churche is to publishe and preache the worde of God And this vndoubtedly is the second office of the Church to preach publish the wordes committed vnto it by God In which thing it is lyke a common crier who althoughe he do publishe the decrees of princes and magistrates yet he is not aboue the decrees or equal vnto them in authoritie But his whole office is faithfully to pronounce all thynges as he hath receaued them of the princes and magistrates And if he should otherwise do he should be counted altogether for a traytour Wherfore the ministers of the Churche ought to care and study for nothing so much as to be founde faithfull We acknowledge also the last office of the Churche to be The Churche discerneth the holy bokes frō counterfaite such as are Apochriphas that seyng it is endued with the spirite of God it must therfore discerne the sincere vncorrupted bookes of holy Scriptures from the counterfaite and Apocriphas whiche is not yet to be in authoritie aboue the worde as many do foolishely dreame For there are very many which can discerne the true propre writings of Plato and Aristotle from other falsely put to them yet in comparison of iudgement they are neither of greater lernyng nor yet of equall with Plato or Aristotle And euery one of vs cā easely know God from the deuill yet are we not to be coūted equal with God much lesse can we thinck that we do excel him So the Churche ought not bycause of this to preferre faith or authoritie thereof before the Scriptures Augustine But they say Augustine sayeth I would not beleue the Gospell except the authoritie of the Churche did moue me therunto But in that place is read to moue together for in very dede Faith is not poured in by the minister but by God it is the spirite of God which poureth faith into the hearers of his worde And bycause the ministers of the Churche are his instrumentes they are rather to be sayd to moue with than absolutely to moue The same Augustine writeth in his 28. booke and second chap. against Faustus that the Maniches ought so to beleue that the first chap. of Matthew was writtē by Matthew euen as they did beleue that the Epistle whiche they called Fundamentum was written by Maniche bycause vndoubtedly they were so kept by their elders from hande to hand deliuered vnto them This is it therfore that the Churche moueth withall to beleue the Gospell bycause faithfully it kepeth the holy scriptures preacheth them and discerneth them from straunge Scriptures The same father manifestly witnesseth in his 6. booke of his confessions the 4. and 5. chap. that God him selfe in very dede did geue authoritie to the holy scriptures Tertullianus Irenaeus But Tertullianus and Irenaeus hauing to do against heretikes did therfore send thē to the Apostolicall Churches bycause they did not admitte the whole scriptures Wherfore they would that they should take their iudgemēt of those Churches which were certainly knowen to be Apostolical For it was meete that those Churches should continuallye remayne both witnesses and also keapers of the holy scriptures and yet therfore they did not decree that the authoritie of the Churche should be preferred before the scriptures What is to be thought of a certayn rule of the Logiciens But the aduersaries say that they are led by the sentence whiche is cōmonly vsed among Logiciens Euery thyng is such a thyng by reason of an other VVherfore that other shal more be counted suche Wherfore they reason after this maner If by the Churche the Scripture hath hys authoritie it must nedes be that the Church much more hath that authoritie But they remēber not that this sentence put by the Logiciens taketh place onely in finall causes and is of no strength in efficient causes For althoughe our inferior worlde be made warme by the sunne and the starres yet doth it not thereby followe that they are farre more warmer And agayne when immoderate men by wyne are made droncke we can not therby conclude the wyne to be more dronken than they Yea the Logiciens teache this that this their sentence is then strong and of efficacy in efficient causes when such efficient causes are brought forth whiche are whole and perfect and not whiche are perciall and maymed whiche rule is not obserued of our aduersaries in this argument For the Churche is not the whole and perfect efficient cause of that faith and authoritie whiche the holy Scriptures haue with the faithfull For if it were
the Friday bycause on that day he was crucified But of the Sabaoth day he much doubted For they of Millane of the East parte affirmed that on the day we should not fast bycause Christ that day was at reast in the sepulchre contraryly the Romanes and Affricans and certayne other bycause Christ was deiected euen vnto the ignominy of the sepulchre therfore contended that the Sabaoth should be fasted Monica the mother of Augustine The mother of Augustine when she came out of Affrike to Millane and sawe that the men there fasted not on the Sabaoth day began to meruayle at the vnaccustomed manner Wherfore Augustine which was not yet baptised came to Ambrose asked in his mothers behalfe what was best to be done Do sayth Ambrose that which I do An aunswere of Ambrose By which words Augustine thought that he should not fast bycause Ambrose fasted not But what he ment he himselfe more manifestly expressed I sayth he when I come to Rome do fast bycause the Sabaoth day is there fasted but when I returne to Millane bicause here it is not fasted I fast not De consecratione dist 3. chap. De esu carnium it is decreed that Friday and Wensday should be fasted the Sabaoth day is left free And in the same distinct the chap. Sabbato vero Innocentius InnoceÌ„tius hath added That the Sabaoth also must be fasted But he bringeth a farre other cause then that which before we spake of For for bycause saith he the Apostles both vpon the Friday and also vpon the Sabaoth day were in great mourning and sorow therfore we must fast In the same dist chap. Ieiunium Melchiades decreed that we must not fast on the Sonday nor on the Thursday and he geueth a reason bycause the fastes of Christians ought to be on contrary dayes to the fastes both of heretikes and of Ethnikes Epiphanius Epiphanius bringeth a reason why the Wensday is to be fasted namely bycause Christ was that day taken vp to heauen for it is written that when the bridgrome is taken from theÌ„ then they shall fast and this he affirmeth to be the tradition of the Apostles when as yet at this day we beleue that the Ascension happened on the Thursday We must geue â—â—le credite to traditions wherfore let the Papistes take heede howe muche credite they will haue to be geuen vnto their traditions For there are many of them whiche euen they themselues can not deny but that they are ridiculous and vayne I know in deede there are traditions founde whiche are necessaryly gathered out of the holy scriptures and for that cause they ought not to be abrogated But other traditions whiche are indifferent are not to be augmented in number least the Churche should be oppressed neither to be thought so necessary that they can not be abolished And we must beware that in them be not put the worshipping of GOD. But as for those whiche are agaynst the woorde of god are by no meanes to be admitted In the dist 76. chapter .1 are added Imber dayes or the Fastes foure tymes in the yeare Which why they are so diuided scarsely can any man perceaue They cite Ierome vpon Zachary who maketh mention of the fourth moneth fift seuenth and tenth And they seeme to be moued with a wicked zeale to distribute these fastes into foure partes of the yeare And those fastes whiche the Iewes receaued euery yeare for the calamityes which they had suffred Why the fast of Imber dayes were inuented the same our men haue made yearely But other haue inuented an other cause namely bycause in those foure tymes of the yeare Byshops are wont to promote clarkes vnto the ministery and orders Wherfore they say that the people ought then most of all to faste and praye that GOD would graunt them good Pastors Fasting and prayers should be had in the ordering of Ministers But I would demaund of the Byshops why they institute Ministers onely at those .iiii. tymes of the yere Vndoubtedly they caÌ„ render no certayn iust reason therof Augustine Aerius an heretike Augustine in his boke de Haeresibus sayth the Aerius contemned oblatioÌ„s for the dead also such fast as were appointed bycause ChristiaÌ„s were not vnder the law but vnder grace but he would the euery maÌ„ should fast at his owne pleasure wheÌ„ he himselfe would In dede I allow not Aerius in that he was an ArriaÌ„ but as touchiÌ„g sacrifices oblations for the dead he iudged rightly godly And also concerning appointed fastes I see no cause why he ought to be reproued vnles peradueÌ„ture he thought this that fastes could not be denouÌ„ced of the Magistrate of the Church as the difficulty of times required The reason also which he vseth the ChristiaÌ„s are not vnder the law but vnder grace is weake for we are not so deliuered froÌ„ the law that we are absolued froÌ„ all order Iouinian an heretike Augustine also writeth that IouiniaÌ„ contemned abstinences fastes as things vaine vnprofitable where in if he spake of bare fastes onely such as wer appointed at certayne dayes certayne tymes of the yeare he iudged not ill For vnles they be adioyned with faith repentaÌ„ce also with vehement prayers they nothing at all profite In Esay the .58 chap. the people coÌ„playned We haue fasted thou hast not looked vpon vs which wordes shew that fastes with out circumstances requisite are not acceptable vnto God but if they be ioyned with their additions they are not vnprofitable By the decrees of Liberius who liued in the tyme of CoÌ„staÌ„tius may be knoweÌ„ Liberius how that wheÌ„ the ayre was vnteÌ„perate or that there was any famine or pestileÌ„ce or warre then they asseÌ„bled together to denouÌ„ce a fast wherby to mitigate the anger of god Augustine Augustine wheÌ„ he saw his city besieged of the Vandales gaue himself vnto fastyng prayers in that siege died as Possidonius testifieth And generally wheÌ„ we atteÌ„pt any great waighty matter as wheÌ„ we denouÌ„ce war or creat Magistrats or ordeine Ministers of the Church we haue nede most of al of ferueÌ„t prayers for the ferueÌ„tnes wherof fasting very much auayleth Christ when he should begyn his preaching went into the wildernes fasted A widow when her husband is dead is left in a perillous state Therfore prayers fastes are very conuenient for her Anna the daughter of Phanuel led her life in the temple where she gaue herself to prayer fasting Paul to Tim. sayth A widowe which is truly a widowe putteth her coÌ„fidence in the Lord day night applieth herselfe to prayers fastes Cornelius when he was not yet sufficiently instructed of Christe and was heauy and pensiue in mynde in the ninth houre was fastyng and in prayers to whom the Aungell as it is written in the Actes of the Apostles appeared But it may be demaÌ„ded when fastes are denouÌ„ced of princes
playnly written that they went frō thence to Iudah Wherfore I can better agree with Iosephus Iosephus Why the Kenites departed from Iericho who writeth the they therfore departed frō thence bicause in the deuision of the land distributing of fieldes as I haue before sayd their inheritaunce fell about the tribe of Iudah wherfore they got thē vnto it when Hebron Debir were conquered But why frō the time they came ouer Iordane euen to this time they dwelt rather about Iericho thā in any other place seing the scripture speaketh not of it I am cōtent to lacke the knowledge therof But bicause this Kenite as many Hebrues confesse was the father in law of Moyses which thing also Ierome confyrmeth in his booke of traditiōs or Hebrue questions vpon the first boke of Samuel vpon Paralip we must therefore call to memory Iethro of whom is mentiō made more largely in the boke of Exodus That Iethro was he to whō Moyses came when he fled out of Egipt What this word Cohen signifyeth who was also either prince or priest of Madian For the Hebrue word Cohen signifieth both therfore the holy historyes writeth of the sonnes of Dauid that they were Cohenim that is princes highly exalted amongest magistrates ii Sam viii Aben-Esra for so were kynges wont to exalte their children Although Aben-Esra affirmeth Moyses father in law to haue bene priest of Madian And sayth that he ministred not to Idols but to the true god for the pure worshipping of god was not so peculiar to the people of Israell but that there were godly men in other places which worshipped god sincerely There is no doubt but the Melchisedech was such a one whō the scripture calleth the priest of the high god Moyses defended the daughters of this Iethro frō the shepherdes at the wel by which meanes he was made his sōne in law And afterward when he fed his shepe not farre frō the mount Sina he was called of god to deliuer the people of Israell frō the Egiptian bondage Wherefore he asked leaue of him to depart went his way to Egipt frō thence after wonder full works of god he led the people into the deserte and fought agaynst Amelek in whose land Kenite the Madianite dwelt And when Moyses had obtayned the victory Iethro who was not with Amelek in the warre came vnto Moyses hys sonne in law reioyced at his happy successe in the battaile he did sacrifice and cōmunicated together with his sonne in lawe the rest of the Israelites in geuing thankes to god He gaue also vnto Moyses wholesome coūsell not to weary himself in hearing al causes But rather that he should haue men chosen out which might both heare also determine cōmon and light causes such as wer harder to be referred only to him and he for the most hard matters to aske coūsel of god and loke what god had answered commaunded the same to be decreed for the people Whē Iethro or Kenite had done these with Moyses in the wildernesse after the warre of Amelek before the law was geuen he returned into his own countrey as it is written in the xviii Chap. of Exodus But concerning his returne into his own countrey there are two opinions Of the returne of Moyses father in law into his countrey both of the Hebrues our men Some say that he returned to dispose and set an order in his domesticall things and to make preparation for his familie to iourney with the Israelites Which things being al finished almost in one yeares space he returned to his sonne in lawe and went together with him and the Israelites to the land of Chanaan And so they say although it be sayd in the historye that he departed before yet it is truely put in the boke of Num. that Moyses spake with him in the second yeare from the departure out of Egipt when the tabernacle was then finished orders appoynted wherby the Hebrues shoulde go forward For he destred him not to depart frō him but to be as it were an eye to the Israelits in this their iourney into straunge countryes for that he knew all the places of the desert very well bycause he was borne in the countrey adioyning vnto it Not bycause the pyllers and cloudes led not the Israelites safely soundly but bycause this man was very cunning in pitching and camping an hoste Moyses woulde therfore as they say haue him to instructe the troupes of Souldiours which shoulde goe forth and to prouide that they going forwarde shoulde abyde ioyned together and shoulde keepe the iuste manner of warlyke order Whereunto thys also was a helpe for that by reason of hys knowledge of the countreyes he coulde easely admonyshe the Israelites of the nature of those places and howe farre distante and nyghe they were together Howbeit other say that Iethro so returned to hys house after he had reioyced with Moyses that he retourned not vnto hym agayne for as it is to be beleued he was very aged and therfore he spent the reste of hys age with hys neyghbours and familye in Madian exercisyng his office eyther of a prince or ells of a priest Neuerthelesse they thynke that he left a sonne with Moyses called Hobab to the entente he might be throughly enstructed by Moyses hys kinnesman and by Aaron and other excellent men of the Hebrues in Godlinesse and knowledge of worshipping of God Therfore they wil haue this man to be he whō Moyses spake vnto in the .x. of Num. and made ouersear for pitching of the campes Besides that they say that this mans sonnes familye were now at this present called Kenites And I my self to say what I thinke true do much agree with this latter sentence For Balaam the Prophet in the .24 chap. of Num. prophecied peculiarly of the Kenites Balaam the Prophet that they should haue their habitations in the most fenced places and that thei should there abide til they were led away captiues by the Assirians he ioyneth them as it appeareth manifestly in that place with Amelek for as I sayd before they inhabited al one land with the Amelekites Wherfore it is gathered that Iethro so departed from Moyses into Madian to dwell there continually And so it might be that Balaam the Prophet ioyned the Kenites with the Amelekites of which Kenites neuerthelesse part were with the Israelites for as much as Iethro as it is sayd left his sonne with them Besides this in the .x. chap. of Num. Hobab was desired of Moyses to come go with the Israelites whether they went who refused to goe any farther bycause he was mynded to returne home into his countrey For he was left there of his father to be better instructed in the worshippyng of God and he abode with the Israelites tyll they were readye to depart thence And then he thought to haue returned into his countrey but being desired of
vs iniury in requiring it now of vs at the last ¶ Of Prescription Why the lawe of prescription was brought in HEreby we gather that the right of prescription is no newe thing but a thing grafted of God hymselfe in the hartes of men But why it was founde out I wyll in fewe woordes declare It may be that a man may possesse an other mans thing vnwittinglye As for example There is an heyre whiche succeedeth him that is deade and among hys goodes he findeth somethinges that were vsurped by the former while he lyued or receaued for a pledge which he being ignoraunt of possesseth all those things with a good mynde And so being ignoraunt and vnwitting possesseth an other mans thing as his owne What then shal the heyre neuer seeke for the iust possession thereof If the true owner doo neuer require his thing ought the ignoraunt to defraude the heyre for euer that he shoulde neuer possesse againe that thing as hys owne For if the owner neuer demaunde hys owne thing againe that is to be ascribed vnto his owne slothe and slouggishe negligence Wherefore in detestacion of suche slouggishnes and in commendacion of an vprighte fayth and lastly for publike peace sake the lawe of prescription was found out Iiphtah nowe vseth thys lawe agaynst the Ammonites We saith he haue possessed thys land this three hundred yeares Why then doest thou make this garboyle and tumult agaynst vs Except some certayne time were appointed within the space whereof and not beyonde thinges myght be demaunded agayne the possession of all thinges should be vncertaine but from that humane thinges doth wonderfullye abhorre Wherefore this euyll is remedyed by the right of prescription The difinition of prescription And it is defined in the Digestes de vsucapionibus law .iii. that it is an addiction or claime of dominion by continuacion of possession by the time appointed by the lawe The difinition is plaine and manifest But in these daies they make a difference betwene prescription and vsucapione when yet in the Digestes and among the olde Lawyers they wer not seperated In the tyme of Antonius Pius as I remember these beganne fyrst to bee seperated so that vsucapio taketh place in thinges moueable What differēce is betwene prescription and vsucapio and prescription in thinges vnmoueable But thus much by the way But in our historye this is to be marked that Iiphtah doth wisely deuide his argumentes for he doth not first place the lawe of prescription but before all thinges hee obiecteth the right of warre afterward the gift of the true God and his cause beyng so confirmed at the last he vseth the lawe of prescription And that hee doth therefore bicause a possession continued doth not by it selfe and alone prescribe What thynges are required to the right of prescription but it hath neede of a good title and an vpright faith A good title is that the thing bee gotten by right order and lawfull manner For he that hath gotten anye thing by theft or rapine although he haue long possessed it yet it prescribeth not But if both the title be good and his faith vpright and continuance of tyme bee added the prescription is firme and good If we haue gotten any thing eyther by bying or by gift or by inheritaunce or suche lyke wayes the tytle is good but farther wee haue neede of an vpright fayth whereby we are assured in our selues that no mans right is iniured and that we know that there is nothing which maye by iust meanes let vs. Wherefore Iiphtah hath a good tytle the ryght of warre and the gyft of God He possesseth also with an vpryght fayth bycause hee meaneth neyther fraude nor rapine Wherefore he very well vseth the lawe of prescription But the tyme of prescription in thinges moueable Of the tyme of prescription is as touching our ciuill lawes three yeares but in thinges vnmoueable tenne or twentye yeares if ignoraunce happen not For if the owner knowe that it is his owne thyng which is possessed of an other and he hold his peace so long hee cannot afterwarde demaunde it againe And the lawe seemeth iustlye to punishe suche negligence But if the owner be ignoraunt the tyme is farther proroged namely to thirtye or fortye yeares And this is done when ignoraunce happeneth and that he possesseth it for himselfe and not for an other otherwyse it is no prescription Howbeit thys we must knowe by the waye that the Ecclesiasticall Canons as touching prescription doo differ from the ciuill lawes For they as we haue sayde doo appoynt thirtye yeares though the possessor be of an euyll fayth For they determine that euyll faythe cannot let prescription But as it is had in the .vi. De regulis iuris chapter Possessor A possessor of an euil faith prescribeth by longnes of tyme. For we should haue a respect vnto the woorde of God and wyth what conscience a man may possesse any thing These thinges haue I alledged that we might vnderstand how Iiphtah vseth the law of prescription ¶ Of Custome NOw bicause althinges are certaine and manifest I might returne vnto the history But yet I thinke it good somwhat to speake although briefelye of Custome bicause it hath great affinitye with prescription and bicause our aduersaries doo styrre vp great tumultes bicause of it and woulde vtterlye oppresse vs with Customes What custome is firme Custome as it is had Extra de Consuet chapter the last ought to be agreable vnto reason and lawfully prescribed The ciuil lawes assigne vnto custome ten or twenty yeares the Canons thirty or forty yeares But most firme is that custome Custome against the word of God is of no force the memorye of whose beginning is not extant amonge men And this ought to be firme that those thinges which are against the woord of God do by no meanes prescribe Wherfore that which the Papistes affirme namelye that the Communion hath bene geuen but vnder one kinde thys foure hundreth or fyue hundreth yeares bicause it is manifestlye against the woorde of God they cannot proue that it is prescribed by custome For suche a thyng is not as you would say prescriptable By whiche selfe same meanes they can not bring the custome of the sole lyfe of Ministers as prescript for it was at the begynning extort by violence Hostiensis and it is against the woorde of God althoughe Hostiensis saith that the power of Custome is so great that it compelleth Priestes to sole lyfe What custome is vicious in the distinction .xxiii. chapter Placuit But as the ciuill lawes determine that Custome is vicious which eyther is against nature or els agaynst the common lawe But that which I haue affirmed hath hys foundacion in the holye Scriptures For when Christ sayd vnto the Phariseis Hipocrites why violate ye the commaundement of God bicause of your own tradicion For God saith Honour thy father and thy mother But you say whosoeuer sayth