Of the discipline of the Church The first Section of the multiplicitie of Church-discipline THe Authors Patrons and seekers of the new English presbyterie reckon vp three parts of church-discipline viz 1. the election abdication of ecclesiasticall officers 2. the excommunication of the stubborne and absolution of the repentant 3. the decision of all such matters as rise vp in the church whether it be touching corrupt manners or peruerse doctrine For answere whereunto marke the next Section The second Section containing an answere vnto the former There is but one onely kind of publique church-discipline which is called in the new testament by the name of excommunication I say publique because I grant priuate admonition and reprehension to be a certaine kind of priuate discipline I say church-discipline because I acknowledge also ciuill discipline Discipline consisteth intrinsecally in the punishing and correcting of vice It is one part of the churches pollicie farre different from the election of ministers and decision of controuersies The third Section of the essence nature and condition of church-discipline The Patrones of the English presbyterie doe make it an essential part of the Gospell so necessarie to saluation as no Church can bee without it but the truth is otherwise I proue it first because S. Paul giueth a singular commendation to the Church of Corinth although it wanted at that time the Church-discipline which is excommunication Secondly because we may stay and continue in that Church which is destitute of excommunication Which doubtlesse we could not doe if excommunication were a part of Christs Gospell and necessarie vnto saluation For we must flee from that Church which wanteth any thing necessarie to saluation This notwithstāding many learned men euē of best accoūt in the reformed churches do think it lawfull to remaine in those Churches where excommunication is not in vse Maister Bullinger writing against the Anabaptists hath these words This the Anabaptists vrge that there is no true Church acceptable vnto God where there is no excommunication To whom we answere that the Church of Corinth was a true Church and so acknowledged of Paul before there was any vse of excommunication in it The same doctrine is taught vniformely of maister Caluin maister Gualter and others Thirdly wheresoeuer the word of God is truly preached and his Sacraments lawfully administred there is Christs Church vndoubtedly For these are the true markes by which best learned Writers discerne the Church of God The case is euident enough it is needelesse to spend much time about it Vide sententiam Gualteri in fine sectionis subsequentis The fourth Section of the persons that must excommunicate Excommunication precisely and chiefely pertaineth to the Church and secondly to those to whom the Church hath cōmitted the execution thereof I proue it by Christs owne wordes in his holy Gospell where hee willeth his Disciples to tell the faults of their brethren if they will not heare them vnto the Church that is to say vnto the whole congregation And forthwith Christ addeth these wordes Verily I say vnto you whatsoeuer ye bind on earth shall be bound in heauen and whatsoeuer yee loose on earth shall be loosed in heauen Againe in an other place he giueth the same authoritie of binding and loosing vnto Peter alone which hee gaue in the other place to all the Apostles ioyntly Thirdly in an other place he giueth power to remit retain sins vnto his Disciples onely soly Out of which three seuerall commissions of our Lord Iesus I gather and conceiue two generall rules and settled lawes The one that onely the successors of Christs Apostles and Disciples haue the keyes of the kingdome of heauen that is of opening and shutting of binding and loosing of remitting and retaining sinnes as also the power of excommunication touching the vse and execution thereof I say touching the vse and execution thereof because it is one thing to execute excommunication and the keyes of heauen an other thing to commit the execution thereof to others The other that the whole Church hath authoritie to commit the execution of the keyes and of excommunication to some speciall persons fit for that purpose for comlinesse and order sake and for auoyding of confusion This my resolution I will proue to be grounded vpon the doctrine of great learned men highly renowned in the reformed Churches two things I haue to proue first that the whole Church hath power to commit the keyes and excōmunication to some certaine fit persons chosen for that end and purpose Secondly that onely the Ministers of the word Sacramēts can denounce the sentence and put the same in execution Concerning the former Maister Bullinger hath a long and learned discourse which is able to satisfie any indifferent Reader These are his expresse wordes caeterum video controversum inter quosdam nostri aevi homines c. But I perceiue it is a controuersie among certaine men of our age who should haue power to punish sinne and to execute the discipline of the Church some ascribing it to the whole Church other some to speciall men chosē for that purpose Doubtlesse I cannot perceiue that they offend who giue this power to certain men chosē for that end wtout doubt they doe not offend against Gods word But they obiect if he shal not heare you tel it to the church Now some chosē men are not the church But these men perceiue not that Christ his Apo. vsed the figure Synecdoche For Paul saith you being gathered with my spirit And in the latter Epistle he saith it is sufficient to the same man that he was rebuked of many If they wil stand vpon Christs words literally we wil see when they wil bring the whole church together But we speake say they of the particular Church We therfore haue the victory who say that Christ vsed the figure Synecdoche We graunt that this power is giuen to the whole Church but we call the congregation of good men the Church For it followeth forthwith in the very words of our lord where two or three are gathered together in my name there am I in the mids of them Therfore if Christ as they graunt committed the ecclesiasticall discipline to a particular church two or three much more eight or twelue make a particular church what letteth that christ cōmitted not the same to chosen men who are consecrate to Christs name seeing the authoritie of ecclesiasticall discipline is more intiere renowned among chosen godly men then among the confused vulgar sort who as they lack iudgement so are they often carried away with affections Haec Bullingerus Maister Gualter hath these words potestatis christi meminit alludeut ad mat 18. ne ille ecclesie sententiā cōtemneret et hoc iubet quiatunc non erat alia tales coercendi quādo magistratus non erant christiani ali◠qui iste paenas dedisset secundum
yet bee further confirmed with such a plaine and manifest testimony of the auncient Councell of Antioch which was holden aboue a thousand and two hundred yeares agoe as euery child may behold the truth thereof These are the wordes Persingulas regiones episcopos convenit nosse Metropolitanum episcopum sollicitudinem totius provincia gerere Propter quod ad metropolim omnes vndique qui negotia videntur habere concurrant Vnde placuit eum honore praeceâ—lere nihil amplius praeter eum caeteros episcopos agere secundum antiquam a patrio bus nostris regulam constitutam nisi ea tantùm quae ad suam diocaesim pertinent possessionesque It is meete that the Bishops of euery countrie doe know that the Metropolitan hath the charge of the whole prouince For which respect al the Bishops round about him which haue any busines must haue recourse vnto that citie wher the Arch-bishop or metropolitan doth reside Wherefore we haue decreed according to the auncient Law of our Fathers both that he shal excel in honour and also that all the other Bishops shall doe nothing at all without him sauing those things onely which appertaine to their owne diocesse and possessions Thus decreeeth this auncient and famous Councell out of which doctrine I obserue these worthy lessons First that an Archbishop or Metropolitan had in old time the charge of the whole prouince And consequently that our Arch-bishops and Metropolitans in the English church haue no new Ministerie nor other authoritie then was had and practised by the holy Fathers in auncient time euen in the primitiue church Secondly that this authoritie of an Arch-bishop to rule a whole prouince was not first constituted by this Councel though it were of very great antiquitie but was receiued by an auncient rule from their forefathers Thirdly that all the Bishops of the prouince must bee directed by the Metropolitan or Arch-bishop Fourthly that the other Bishops could doe nothing without the authoritie of the Arch-bishop such things onely excepted as pertained to their owne diocesse and possessions Let thus much be graunted to our Bishops which good reason will affoord them and they will desire no more But because the testimonie of the best Patrons of the presbyterie cannot but prevaile much in this controuersie let vs heare the verdicts of the chiefest Doctors herein Maister Caluins testimonie is already knowne touching the authoritie of Arch-bishops in forrein countries but I wil alledge and set before the Readers eyes his plaine testimonie for our Bishops heere in England These are his owne wordes in his Epistle to Arch-bishop Cranmer Calvinus Cranmero Archiepiscopo Cantuariensi S. D. sequitur suÌ„ma est in te authoritas quam non magis tibi honoris amplitudo conciliat quà m concepta pridèm de tua prudentia integritate opinio Caluin to Cranmere the Arch-bishop of Canterburie sendeth salutations The supreame and highest authoritie resteth in your selfe which your great honour did not more procure then the opinion lately conceiued of your prudence and integritie The same Caluin in his Epistle to Doctor Grindall the Bishop of London hath these wordes Quod tamen curam popularium nostrorum qui in praecipua episcopatus tui vrbe habitant suscipere dignatus es non soluÌ„m vt libertas illis daretur reginae beneficio dei purè invocandi sed vt pastorem fidum hinc accerserent nisi hac de causa me tibi obstrictum faterer stullitiae inhumaintatis essem damnandus Yet that you haue vouchsafed to take care of our vulgar country-men which reside in the chiefe citie of your bishopricke not onely that by the Queenes fauour they might haue freedome to serue God aright but that also they might call from hence a faithfull pastor if I should not confesse my selfe bound vnto you herein I might iustly bee condemned both of follie and of nhumanitie Out of these wordes I obserue these corollaries Frst that heecalleth the Bishop of Canterburie Arch-bishop and consequently that hee did not thinke the name to bee either antichristian or vnlawfull Secondly that hee did acknowledge the chiefest authoritie to be in the Archbishop and consequently superioritie to be among our ministers Thirdly that he granted one man to haue the charg of many Churches that is the Bishop of London For hee saith in the chiefe citie of our Bishopricke and that it may appeare yet more euidently that he graunteth the charge of a whole prouince to one onely Arch-bishop I will alledge some part of that his Epistle which he addressed to the Potent and mightie king of Polonia Thus doth he write Que admodum si hodie illustrissimo Poloniae regno vnus praeesset Archiepiscopus non qui dominaretur in reliquos velius ab illis ereptumsibi arrogaret sed qui ordinis causa in synodis primum teneret locum sanctaÌ„ inter collegas suos fratres vnitatem foveret Euen as if this day one Arch-bishop should be the president of the most honourable Kingdome of Polonia not as one that should haue dominion ouer the rest or should challenge to himself the right taken from others but as one who for order sake should haue the chiefe place in synodes and should preserue holy vnitie among his sellowes and brethren I heâ—e are the words of this great learned man who was the greatest and chiefest patrone of their presbiterie the first man in the world that set it abroach and brought it into the Church And yet doth he graunt plainly as much as our Bishops will require For hee graunteth as wee see that one Arch-bishop may haue a superioritie ouer all other Bishops in the large kingdome of Polonia The exception that he maketh I willingly admit and so will all our Bishops likewise doe As who neither doe nor euer did once make or giue the least signe of any such superioritie ouer their fellowes and louing brethren No no no such thing can truly be imputed to them For with vs euery minister in his Parish and euery Bishop in his Diocesse hath the charge of their owne flockes and Parishes to Preach the word and to administer the Sacraments vnto them in as ample and large manner as Maister Caluin heere requireth Which his wordes immediately afore-going doe declare beeing these Vetus quidem ecclesia patriarchas instituit singulis etiam provineijs quosdam attribuit primatus vt hoc concordiae vincuâ—o meliùs interâ—e devincti manerent episcopi The ancieÌ„t Church did constâ—â—ate Patriarches and assigned for euery prouince one primâ—â—e that by this bond of concord the Bishops might be more firmely vnited among themselues Like as if one Arch-bishop should be the chiefetaine of the whole Kingdome of Polonia and so foorth as is alreadie saide Where wee see or may see if wee will that Maister Caluin acknowledgeth the same superioritie both in the auncient times of the Church and more lately in the Arch-bishop of Polonia which is this day giuen and allotted
traditions concerning the discipline order and government of the Church Sixtly that it is free and lawfull for euery Church to appoint ordaine and constitute that kind of pollicie discipline government which is most sit profitable for the same And the reason hereof is yeelded to be this because our Lord Iesus hath prescribed no setled law therein but hath left all indifferent things to the libertie of his Church Seuenthly that there can no greater plague come to the Church then to tye all Churches to one kinde of externall government Zanchius teacheth the selfe same doctrine euen in the same words Petrus Martyr after he hath distributed traditions into three orders shewing one kinde to bee expressed in the Scriptures an other plaine repugnant to the same the third neither contrary to the word of GOD neither necessarily affixed vnto it addeth these expresse words Sunt nonnullae traditiones quas neutras appellare libuit quod verbo deinec adversentur nec illinecessariò cohaereant inquibus mos ecclesiae gerendus est tribus interposit is cautionibus Primùm videndum est ne obtrudantur quasidei cultus deculiar is quaedam sanctimonia quandcquidem potius recipiendae sunt adordinum conservandum civilem ecclesiae commoditatem atque sacrarum actionum decorum alioquin in sacris literis luculentèr habemus descripta quaead sanctitatem cullum dei coÌ„ducunt Praeterea cavere oportet ne quaesic traduÌ„tur it a putemus necessaria vt pro tempore amoveri non possint Servetur ecclesiae suum ius de his medijs vt quoadilla statuat quicquid viderit magis adificationem credentium promovere Consideretur demùm saepiùs nimijs traditionibus ceremonijs in immensum auct is populum Christi sic gravari vt tantum non obruatur There bee some traditions which may bee termed uentrall or indifferent for that they neither are against Gods word neither doe they necessarily cohere with it In which ceremonies the Churches constitution must bee obeyed if three cautions doe concurre First that they bee not obtruded as Gods worship or peculiar holinesse but as pertaining to order and the ciuill commoditie of the Church and to comlinesse in divine actions otherwise all things are sufficiently comprised in the holy Scriptures which pertaine to holinesse and gods worship Secondly we must beware that they be not reputed so necessarie that they cannot be chaunged as the time requireth Let the Church keepe her interest and libertie in these indifferent things to appoint what shall be thought most necessarie to the edifying of the faithfull Lastly let it bee well remembred that the multitude of Ceremonies doth often so annoy the people that they are almost vndone therewith M. Beza hath these words Quoniam multitudo plerumque impirita est intractabilis maior pars saepè meliorem vincit ne in democratia quidem leguimè constituta omnia permissa sunt â—ffraeni vulgo sed constituti sunt ex populi consensu certi magistratus qui plebi praeâ—ant inconditam multitudinem regant Quod sihaec prudentia in negotijâ— humanis requiritur multò sanè magis opus est certa moderatione in ijs rebus in quibus homines prorsus caecutiunt neque causa est cur quisquam sani iudiâ—ij homo clamitet nullum hic esse prudentiae locum nisi hanc prudentiam de qua loquor ostendat cum deiverbo pugnare quod sanè non arbitror Neque n. simplicitèr spectandum quid sit ab Apostolis factum in politia ecclesiastica quum diversissimae sint circumstantiae ac proinde absque Cacozelia non possint omnia omnibus locis ac temporibus ad vnam candeÌ„que formam revocari sed potius spectandus est eorum finis scopus invariabilis ea deligenda forma ac ratio rerum agendarum quae rectè eò à educat Because the multitude is for the most part ignorant and intractable and the greater part doth often times prevaile against the better all things are not euen in a popular state lawfully appointed committed to the vnbridled multitude but certain Magistrates are appointed by the peoples consent to guide rule and gouerne them If this wisedome be required in wordly affaires much more is a moderation to be had in those matters in which men are altogether blinded Neither is there any cause why any man of sound iudgement shall exclaime that in such matters there is no place for pollicie except hee can shewe this pollicie whereof I speake to be repugnant to the word of GOD which I am perswaded he can never doe For we must not simply looke what the Apostles did in ecclesiasticall pollicie and Church-gouernment seeing there is so great varietie of circumstances that a man cannot without preposterous zeale reduce all things in all places and times to one and the same forme in doing things which leadeth the right way to the same Thus writeth Maister Beza who hath many like periods to the like effect which I omit in regard of brevitie Out of these words I note first that the Church is not so strictly bound to the practise of the Apostles that she must alwayes follow the same in these Adiaphorôis Secondly that the Church in things indifferent hath power to make any Lawes which are not repugnant to the word of God Which point I would haue the Reader to ponder seriously because it is very emphaticall and of great moment Thirdly that all Churches cannot haue one and and the same kind of government because the circumstances of times places and persons will not suffer it Fourthly that the Church in all the lawes and constitutions must chiefly respect the peaceable government of the people Hieronymus Zanchius is consonant to the other Doctors while he writeth in this manner De ritibus ceremonijs in ecclesia servandis eadem pietas eccle siarum aedificatio flagitat ne nimis acritér quasi pro aris focis vt dici solet sit aimicatiâ— disceptetur sed singulis ecclesijs lâ—beri relinquantur quemadmodum ettam in veteri ecclesia factum fuisse apud Socratem alios ecclesiasticos scriptoreâ— legimus Quibus ae rebus in genere probamus atque amplectimur vtramque epistolam Augustini ad Ianuarium Haec n. faciunt ad ecclesiae aedificationem Touching Rites and Ceremonies to bee obserued in the Church the same pietie and edifying of the Church requireth that wee contend not too biterly as if it were for matters of great moment but that euery Church haue her libertie therein as we reade in Socrates and other ecclesiasticall writers that it was the olde custome of the Church Of which things in generall we allow and embrace both the Epistles which Austin wrote to Ianuarius For these things tend to the edification of the Church The same Zanchius in an other place hath these words Interea tamen non improbamus patres quodiuxta variam tum verbi dispensandi tum
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
euen the Lambe which was slaine is fulfilled in Christ the veritie that followed after the same S. Austin in the disputation betwixt the Synagogue and the Church alledgeth against the Iewes this very Text of Ezechiel for the confirmation of making the signe of the Crosse in the fore-heads of Christians Vellem addiscere vbi signum frontis acceperis vel quis propheta signum istud quod dicis hoc est signū frontis signacuso sanctificationis inciderit I would learne saith the Synagogue where thou receiuedst the signe of the fore-hed or which of the Prophets maketh mention of that signe of which thou speakest calling it the signe of sanctification in the fore-head To this question S. Austin answereth in the person of the Church prouing it out of the 9. of Ezechil as S. Cyprian had done afore him as also out of the Reuelation in the 14. Chapter hee vseth an excellent and large discourse against the Synagogue to which for brevitie-sake I referre the Reader The same S Austin in an other place hath these expresse words Insultet ille Christo crucifixo videam ego in frontibus regum crucē Christi Sequitur vsque adeo de cruce nō erubesco vt non in occulto loco habeā crucē Christi sed in fronte portem Let the Pagan deride Christ crucified but let mee beholde his Crosse in Kings fore-heads I am so farre from being ashamed of Christes Crosse that I keepe it not in a secret place but doe beare it in my fore-head Marke well gentle Reader this godly period of this auncient blessed and learned Father S. Hierome in like manner proueth the lawfull making of the Crosse in the fore-heads of the Christians out of the same words of the Prophet Ezechiel Thus doth he write Et vt ad nostra veniamus antiquis hebraeorū literis quibus vsque hodiè vtuntur Samaritani extrema Than litera crucis habet similitudinem quae in Christianorum frontibus pingitur And to come to our owne in the olde Characters and Letters of the Hebrewes which the Samaritanes vse to this day the last Letter which is Than hath the image or similitude of the Crosse which is made in the fore-heads of Christians S. Beda likewise gathereth the same conclusion out of diuers places of the scripture These are his words Ad hoc n. gentium confractum est imperium vt signo fidei cui restiterant facies sanctorum liberè notaretur Sequitur neque n. frustra in fronte pontificis nomen domini tetragrammaton scribebatur uisi quia hoc est signum in fronte fidelium For in this signe the dominion of the Gentiles was ouerthrowne that the faces of Saints might be marked with the signe of Faith which the Gentiles had resisted Thus write the auncient and holy Fathers out of whose words I obserue First that the making of the signe of the Crosse in the fore-heads of christians is grounded vpon the holy scripture Secondly that it was the custome of the Church to vse the signe of the crosse in their dayes that is to say aboue 1315. yeares agoe To which I adde that the same vsage was the custome of the church in the time of Origen and of Tertullian that is almost 1400. yeares agoe And no maruell seeing it was an Apostolicall tradition If any hold the contrary let him name the time and the Author and if I cannot proue a further antiquitie I will be of his opinion Thirdly that those holy Fathers Saint Cyprian Saint Austen Saint Hierome Saint Beda did reioyce to beare the signe of the Crosse in their foreheads And consequently that a Christian needeth not be ashamed now adaies to beare the same badg in his forehead If I should stand to recount the testimonies of the holy Fathers for the confirmation of the lawfull vse and making of the signe of the Crosse I should both wearie my selfe and be tedious to the Reader I will therefore conclude with the iudgement of Maister Zanchius whose onely verdit me thinkes should be sufficient in this behalfe These are his expresse wordes Alia vero traditiones non sunt necessariò retinendae in ecclesijs etsi vetustae a patribus commemoratae vt quod christianum oportet signo crucis frontem munire diebus veneris sabbathi ieiunare Nam etsi servari possent si absque superstitione exercerentur tamen conscientiam non obligant Sequitur summa igitur conclusio haec sit eas traditiones quae dei verbo conformes ad vsum ecclesiae animosque hominum ad pietatem verum dei cultum excitandos accommodatae sunt etiamnum retinendas vsurpandas esse citra tamen superstitionem opinionem meriti The Church is not bound of necessitie to retaine still Other traditions although they be auncient and mentioned by the Fathers as that a Christiā must make the signe of the Crosse in his forehead and fast vpon Friday and Saterday For although these ceremonies and traditions might be still retained and kept if that were done without superstition yet for all that they doe not bind a mans conscience to keepe them Let this therefore be the summe and conclusion that such traditions as agree with the word of God and serue for the Churches vse and to stirre vp mens mindes to pietie and the true worship of God may this day b◠still retained and vsed so it be done without superstition and opinion of merite This is the conclusion of the most learned Doctor Maister Zanchius and I see no reason why it should not be my conclusion also And consequently I doe constantly affirme with him that the signe of the Crosse may this day be vsed lawfully so it be not ioyned with superstition and opinion of merite Let this be well obserued that Zanchius graunteth freely that the signe of the Crosse may bee made and that euen in the forehead For it is the very case now in question and constantly affirmed by Zanchius that it may bee well vsed though it may also bee laide away To which latter both I and the Church of England doe willingly agree with him But withall I say that seeing it is a ceremonie indifferent and may lawfully bee vsed it is not in the power of a priuate subiect to appoint or commaund to lay it away but peaceably louingly and obediently to admit and receiue the same knowing and euer remembring that in all things lawfull higher powers must be obeyed CHAP. IX Of the Election of Ministers I Haue proued alreadie that the church hath authoritie to make decrees lawes ordinances and constitutions in all things which are Adsaphora indifferent in their owne nature and tend to the peaceable gouernment of the Church for the church of God may safely admit diuers formes and orders wherby it may bee gouerned according to the diuersitie of the state thereof and variable circumstances of times places and persons The same libertie and freedome
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.
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
in euery mans heart in his Natiuitie and so cannot be altered The Iudiciall parte was properlie and peculiarlie appointed of God for conseruation of Iustice among the Iewes in the land of promise the land of Canaan the land of Iewrie The whole order of which gouernment ceased long fithence viz. Euer since the people of Israell were expelled out of Iudaea began to dwell amongst the Gentiles liuing without Gouernours without a King without a Priest and without a Lawe The Ceremoniall part was ordeined to prefigure Christs future Priesthoode and therefore was it whollie abrogated by Christs most blessed and Sacred Aduent For Christ was the ende of the Lawe in whom were fulfilled as well the figures as the promises contayned in the Lawe and the Prophets All which Saint Paul compriseth pithily in these golden wordes For if the Priesthoode bee chaunged then of necessitie the Lawe also must bee changed Yea Christ himselfe seemed to insinuate no lesse when hee refused to condemne the adulteresse to death according to the Iudiciall law of Moses albeeit the Scribes Pharisees did euen then vrge him with the constitution of that Law And S. Austen doth conclude no lesse out of Christs words if hee be rightly vnderstood But for the true sense and meaning of S. Austens discourse his two books written to Pollentin must be well pondered aptly matched together For I stand not so much of Christs freeing the adulteresse from the punishment of the Iudiciall law of Moses as of that other ground vppon which S. Austen stayeth himselfe viz. That adulterie doth not dissolue the bond of holy Wedlock For albeeit sundrie late Wryters otherwise of great learning and rare gifts doe constantly teach which some of our men haue also put in practise that when the husband is diuorced from his wife being an adulteresse then hee may lawfullie marrie an other yet Saint Austen grounding his opinion vppon the words of Christ of S. Paul concludeth constantly that whosoeuer shall marrie another wife during the life of his former wife diuorced for adulterie doth himselfe commit adulterie Which if it be true which I leaue to the iudgement of the Church prooueth euidently that the Iudiciall law of Moses is not of sorce These are S. Austens words Haec verba Apostoli totâ—es repetita toties inculcata vera sunt viua sunt sana sunt plana sunt Nulltus viri posterioris mulier vxor esse incipit nisi prioris esse desiuerit Esse autem desinet prioris simoriatur vir eius non sifornicetur These words of th' Apostle so often repeated so often inculcated are true are quick are sound are plaine A woman beginneth not to bee the wife of any later husband vnlesse shee first cease to bee the wife of the former But shee ceaseth to bee the former husbands wife if her husband die not if hee commit adulterie Hemingius a great learned man and a zealous professor of the Gospell hath these words Est lex Iudicialis quae cessante republica Mosis expiraâ—nt it a vt non necessario vllum hominem obliget in specie nisi quaetenus portio cius aliqua aut part est legis naturae vt lex coÌ„traincoestas nuptias Lev. 18. aut a Magistratu propomtur politico fine There is also the Iudiciall lawe which expired with the common-wealth of Moses so that it doth not binde any man of necessitie but so farre onely as some portion of it partaineth to the lawe of Nature as the lawe against incestuous marriages or so much of it as the ciâ—â—le magistrate shall admit for pollicie Saint Cyrill hath these words Sacundum legem adulter cuÌ„ adultera moriebatur nec poteraÌ„t dicere poenitentiam petimus venâ—aâ— deprecamur Sequitur apud Christianos vero siadulterium fuerit admissum nonest praeceptum vt adulter vel adultera corporall 〈◊〉 puniantur In the Lawe both the adulterer and the adulteresse were punished by death and they could not say wee are penitent desire pardon for our sinnes But among Christians there is no commandement to punish them with death M Musculus that most zealous Christian and great learned Doctor hath these expresse words Quaerunt an tota sit abrogata respondemus si totus Moses cessit Christe vtique tota illius lex cessit legi Christi Sequitur in lege sunt mandata promissa figurae Perveritatem Christi cessarunt promissa figurae Mandata legis sunt moralia iudicialia coeremontalia Caeremoâ—ialia cessasse ex eo patet quod ipsum Sacerdotium legis cuiannexae fuerunt caeremoniae per sacerdotium Christi secundum or dinem Melchisedech est abrogatum iam olim re ipsa cessauit Iudicialta quoque cessasse in eo declaratur quod tota Israelis oeconomia qualem terrae promissae inhabitatio requirebat ab eo tempore cessauit quo exdulsi inter gentes sine Rege sine Ducibus siue Sacerdote sine lege habitare coeperuÌ„t They demand if the whole Law be abrogated wee answere if whole Moses gaue place to Christ then hath his whole law giuen place to the lawe of Christ. In the Lawe are commandements promises and figures The commandements of the law are morall iudiciall ceremoniall That the ceremonialls are ceasled it is thereby euident for that the Priesthoode of the lawe to which the ceremonies were annexed is abrogated by the Priesthood of Christ according to the order of Melchisedeth was long since expired And that the iudicialls are also ceased it is herein manifest for that the whole order of the gouernment of Israell which was requisite vnto the inhabiting of the land of promise hath froÌ„ that time ceased when they being expelled beganne to dwell among the Gentiles without a King without gouernours without a Priest with out a law Maister Caluin hath a large and most learned discourse of this question which is able to satisfie anie indifferent Reader Some small part thereof I will here set down referring the Reader vnto the place for the residue Sunt qui recte compositaÌ„ esse remp negent quae neglectis Mosis politicis communibus gentium legibus regitur Quae sententta quam periculosa sit turbulenta videriut alij mihi falsam esse ac stolidam demonstrasse satis erit There be some which denie that common weale to bee well gouerned which omitting the politique lawes of Moses is ruled by the common lawes of the Gentles The which opinion how daungerous seditious it is let others iudge it is enough for mee to haue shewed it to bee false and foolish Out of these large and learned discourses it is most apparant to all indifferent Readers that the law of Moses is wholie expired and that Christians of necessitie are bound to no part thereof The Second Conclusion Although the law of Moses bee wholy expyred so as of necessitie Christians are not bounde to the punishment therein prescribed against sinne sinners yet
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