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
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
Touching naturall propension which must needes bee referred to God the author of Nature it appeareth by it that a Monarchie or rule of one is most agreeable to nature it selfe For first in euery house the Father of the familie doth gouerne all the rest the wife the children and the seruants Againe the greatest part of the whole worlde a gouerned by kings Thirdly Monarchies and Kingdomes are farre more auncient then either Aristocraties or Democraties For proofe hereof the onely testimonie of she excellent Historiographer Iustinus may suffice These are his words Principio rerum gentium nationumque impeâ—ium penes reges erant quos ad fastigium huius maiestat is non ambitio popularis sed spectata inter bonos moderatio proueheâ—at In the beginning of the world the gouernment of people and nations was vnder Kings whome vertue not popular ambition aduaunced to that high seate of Maiestie Fourthly the creatures which are without reason and haue onely sense seeme naturally to desire the gouernment of one The holy Fathers doe so testifie of them and experience it selfe doth shew it to be so S Hierome hath these words Nulla ars absque magistro discitur Etiam muta animalia ferarum greges ductores sequuntur snos In apibus principes sunt Grues vnum sequuntur ordine literato Imperator vnus Iudex vnus prouinciae Roma vt condita est duos fratres simul habere reges non potuit parricidio dedicatur No Art is learned without a maister Yea euen the dumbe cattell and slockes of wilde beastes doe all follow their leaders The Bees haue their gouernours the very Cranes follow on in order in forme of a letter There is one Emperour There is one iudge of a prouince Rome was no sooner built then it abhorred to haue two kings at once to rule ouer it so as without cruell murder the dedication thereof was not accomplished But what neede is thereof further proofe in this dispute seeing it is euident to al that hold the Christian faith aright that God omnipotent is the supreme Monarch in heauen and earth and gouerneth by that kind of regiment which is neither Democraticall nor yet Aristocratical but monarchicall and consequently a monarchy must needes be the best kind of gouernment And whosoeuer can and list to read that holy auncient and learned father S. Ciprian shall finde this discourse so apparant as he can neuer stand long in doubt thereof I therfore conclude that whosoeuer shall denie a simple monarchie to be the best kind of gouernment must perforce fall vnawares into the error of the Marcionistes of the Manichies and of the Ethnickes For if it be true as it is most true as all Christians must confesse that the world is ruled in the best maner and best kind of gouernment by God that made it it must follow of necessitie that neither a Democratie nor yet an Aristocratâ—e is the best forme of Regiment For otherwise doubâ—lesse there must be many makers of this world and many Gods CHAP. III. Of the kind of gouernment of the Church and common weale of England NOw seeing it is true as is alreadie proued that a Monarchie is the best kind of gouernment and that the Church and common-weale of England is gouerned by a most wise most learned most vigilant and most religious Monarch Gods saithfull seruant and our gratious and most happie Soueraigne it followeth by a necessarie consequence that the kind of gouernment vsed in the Church and common-weale of England is the best and most laudable of all other For as our gratious soueraigne writeth most learnedly paritie is an enemy to vnitie and the mother of confusion The selfe same saith S. Chrysostome when he auoucheth degrees and superioritie to haue therefore bene appointed because equalitie engendreth strife and contention The same sai h S. Cyprian when he affirmeth boldly that heresie or Schisme did not rise of any other occasion but onely vpon this that there was not one Priest and one Iudge for the time appointed in the Church in the stead of Christ to whom the whole brotherhood should yeelde obedience The same saith S. Hierome when he auoucheth one to haue beene chosen among the Bishops to rule ouer the rest least euery one according to his own fansie should teare in peeces the church of Christ. Yea a Monarchicall gouernment is so necessarie euery where and in all sorts of creatures that S. Chrysostome acknowledgeth it amongst the bruite beasts in the Bees Cranes slockes of sheepe and Fishes of the Sea And therfore after a long discourse he concludeth in these wordes Libertas â— illa dissoluâ—a ac moderamine carens vbique mala confusionisque causa est For dissolute libertie without gouernment is euery where euill and the cause of confusion But because the excellencie of English gouernment shall be proued by degrees throughout this whole discourse thus much shall suffice for this place because I endeuour to auoide tautologie and not to bee tedious to the Reader CHAP. IIII. Of the supreame government of the ciuil magistrate ouer all persons and all causes within his Realmes territories and dominions OF this theame I haue written more largely in other treatises and therefore I purpose now to speake no more therof then I deeme conuenient for the matter I haue in hand For which purpose it were enough to well effected Readers to call to minde that the godly Kings as well in time of the law of Moses as in the time of the new testament and lawe of grace did manage all matters both of Church and Common-weale and therefore the ciuill magistrate was commanded to reade the booke of the whole lawe as well of the first as of the second table and to studie the same night and day Therefore was the ciuil magistrate commaunded to goe out and in before the people and to leade them out and in that the congregation of the Lord bee not as sheepe which haue no shepheard Therefore was the booke of the Lawe deliuered into the Kings hands at such time as hee receiued the crowne and was annointed Musculus a great learned man and famous writer affirmeth resolutely that the care of reforming and maintaning religion doth more appertaine to the ciuill magistrate then to the Ministers of the Church His expresse wordes are these Moses Primus catholicus Israelis magistratus personam gerens non sacerdotis quae Aaroni imposita fuit sed superioris potestatis similem regiae omnem in populo dei religioneÌ„ constituit ipsique Aaroni levitarum ordini facienda vitanda praescripsit In quo manifestè videmus disponendae religionis curam magis ad superiorem magistratum quà m ad sacerdotum ordinem pertinere Sequitur post mortem Mosis cura religionis vâ—â cum magistratis devolutae est non ad Eleazarum sacerdotem sed ad Iehosuah filium Nun de triba non Levi sed Ephraim Huic mandabat
to the Arch-bishop of Canterburie ouer the other Bishops and Ministers in England Now for aunswere to the other part of the obiection touching high Commissioners Iustices of Peace and Quorum I haue referued the next Chapter CHAP. VI. Of civill offices in Ecclesiasticall persons THe authoritie in ciuill matters committed to the ministers of the Church is not made a thing intrinsically incideÌ„t to the ministerie or as a part thereof but it is coÌ„mitted to them by the Prince whom his subiects are not to limit what persons he shall vse in counsell or to whom hee shall commit the execution of his lawes and it is added to their ministerie as profitable and necessarie for the present state and good of the Church Which good to bee procured by that meanes rather then by any other imployment besides it may appeare both by experience and practise By experience for that wee see those Kingdomes Princes and people most blessed of God where learned and godly Bishops haue beene receiued into the Princes Counsell By practise because I haue both heard and read that maister Caluin and maister Beza were admitted to be Counsellours of the seate at Geneua being thought sit men for that place Who doubtlesse would neuer haue yeelded thereunto if they had thought it a thing either vnlawfull in it selfe or incompatible to their function No no it is neither vngodly nor yet vnseemely for a Minister to come from the Pulpit to the correction of vice sinne and wickednesse But contrariwise it is so godly so comely and so necessarie that it euer hath beene vsuall both in the Lawe of nature in the Lawe of Moses and in the Lawe of grace for First in the lawe of nature Melchisedech was both King and Priest So reporteth holy Moses in his booke of Genèsis and Saint Paul to the Hebrewes And Saint Hierome telleth vs that all the eldest sonnes of the holy Patriarches were both Kings and Priests Aiunt hunc esse Sem filium Noe supputantes annos vitae ipsius ostendunt eum ad Isaac vsque vixisse omnesque primogenitos Noe donec sacerdotio fungeretur Aaron fuisse pontifices The Hebrewes saith Saint Hierome affirme this Melchisadech to bee Sem the sonne of Noah and reckoning the yeeres of his life they shewe vs that he liued vntill Isaac and that all the first begotten of Noah vntill Aarons Priest-hood began were Bishops Yea whosoeuer will denie that Noah Abraham Isaac Iacob and others did rule ouer those who were committed to their charge as wel in ecclesiasticall as ciuill causes they may truly be said to knowe nothing in the scriptures Secondly in the Lawe of Moses Moses himselfe was both the ciuill Magistrate and a Priest For Moses iudged the people from morning vnto euen Hee put the Malefactors to death who had committed Idolatry Hee consecrated Aaron and his sonnes and burnt sweet incense on the golden Altar Heli was both the high Priest and iudge of the people for the space of 40 yeares together Samuel likewise was both a Priest and iudge ouer the people for the space of 30. yeares together The good king Iosaphat made the Priests iudges both in ecclesiastical and ciuil causes And after the captiuitie of the Iewes the Machabees were rulers aswel in ciuil as in ecclesiastical causes Read the books of the Machabees Iosephus Egesippus and this truth will soone appeare But what neede many words in a case so cleere and euident God himselfe made a general law that the priests the ciuil magistrate shuld iontly determine iudge and decide all controuersies These are the expresse wordes of the Law if there rise a matter too hard for thee in iudgement betweene boold and blood betweene plea and plea betweene plague and plague in the matters of controuersie within thy gates then shalt thou arise and goe vnto the place which the Lord thy God shall chuse And thou shalt come to the Priestes of the Levites to the iudge that shall be in those dayes and aske and they shall shewe thee the sentence of iudgement These wordes are so plaine as all interpretation may be thought needlesse Thirdly in the Gospell and newe Testament wee haue a pluralitie of examples in this behalfe S. Paul when he made his abode at Corinthus with Aquila and Prescilla whom Claudius the Emperour had driuen from Rome he wrought with his hands being of the same craft with them and made tents as they did S. Augustine thought it a thing so lawfull for a Bishop to be iudge in causes Ecclesiasticall that I wonder how any man hearing or reading his owne words can any longer stand in doubt thereof Thus doth he write Quis plantat vineam de fructu eius non edit Quis pascit gregem de lacte gregis non percipit Tamen Dominum Iesum in cuius nomine securus haec dico testem invoco super animam meam quoniam quantum attinet ad meum coÌ„modum multo mallem per singulos dies certis horis quantum in bene moderatis monasterijs constitutum est aliquid manibus operari caeteras horas babere ad legenduÌ„ orandum aut aliquid de divinis litteris agendum liberas quam tumultuosissimas perplexitates causar uÌ„alienarum patide negotijs secularibus vel iudicando dirimendis vel interveniendo praecidendis quibus nos molestijs idem affixit Apostolus non vtique suo sed eius qui in eo loquâ—batur arbitrio quam tamen ipsum perpessum fuisse non legimus Aliter n. se habebat apostolatus eius discursus Sequitur quem tamen laborem non sine consolatione domini suscipimus prospe vitae aeternae vt fructum seramus cum tolerantia Servi n sumus cius Ecclesiae maxime infirmioribus membris quanta libet in eodem corpore membra sumus Omitto alias innumerabiles ecclesiasticas curas quat for tasse nemo credit nisi qui expertus est Non ergo alligamui onera gravia humeris vestris imponimus quae nos digito non attingimus quandoquidem si officil nostri sarva ratione possemus videt ille qui probat corda nostra mallemus haee agere quae vt agatis hortamur quà m ea quae non agere cogimur Who planteth a vineyard and eateth not of the fruite thereof who seedeth a flocke and receiueth not of the milke of the flocke Yet I call the Lord Iesus to witnesse vpon my soule in whose name I boldly vtter these words that touching mine owne commoditie I had much rather euery day to worke some thing with mine hands as it is appointed in well gouerned Monasteries and to haue the houres free to read and to pray and to doe some exercise in the holy Scriptures then to suffer the tumultuous perplexities of other mens causes touching secular affaires either in determining theÌ„ by iudging or in cutting theÌ„ off by intreating to which molestations the Apostle hath tyed vs not by
writing in this manner Nemo autem est qui non vi◠deat hac vocabula invicem confundi alterum accipi pro altero Nam apostolus etiam propheta doctor evangelista presbyter atque episcopus est Et episcopus evangelista propheta est Propheta doctor presbyter evangelista Proinde apostolus paulus varijs hisce vocabulis varia illa dona significavit qua dominus ecclesiae suae importijt ad salutem Euery man seeth that these wordes are confounded and that one of them is taken for an other For an Apostle is also a Prophet a Doctor an Euangelist a Priest and a Bishop And a Bishop is an Euangelist and a Prophet A Prophet is a Doctor an Elder and an Euangelist Therefore the Apostle Paul by these diuers names signifieth those diuers gifts which our Lord bestowed on his Church vnto saluation I therefore conclude that the pillers whereupon the presbyterie is builded are sandie rotten and vnsound and consequently that that building which is reared vpon them cannot but be vnstable and ruinous The sixt Proposition THe newe English presbyterie was not knowne or heard of in the Christian world for the space of fifteene hundred yeares together at the least This proposition is sufficiently proued by this precedent discourse if it be well marked from the beginning Yea my bare assertion is a good proofe thereof vntill the patrons of the contrarie opinion can and shall name the time and place when and where such a presbyterie was to be found The seuenth Proposition ALL Ministers created and made by the newe presbyterie are meere lay-persons and cannot lawfully either Preach Gods word or administer the sacraments This is alreadie proued I will therefore salute our Brownists Barrowists and such like as the learned and famous Writer Maister Bullinger did the Anabaptists His wordes are these Quod si dicitis vos instar apostolorum peculiarem vocationem habere probate eam signis miraculis dono linguarum doctrina apostolica quemadmodum apostoli fecerunt Hoc autem nunquam facietis ideoque vocatio vestra nihili imò pernitiosa est ecclesiae Christi Now if you say you haue a speciall and peculiar calling as the Apostles had then must you prooue the same by signes and miracles by speaking diuers languages and by doctrine apostolicall as the Apostles did Saint Hierome saith Ecclesia non est quae non babet sacerdotem Where there is no priest or minister there can bee no Church The first Obiection That not Kings Monarches and other independant ciuil magistrates haue the supreame and highest authoritie in causes ecclesiasticall but that Bishops and Priests haue that charge committed to them as their proper and peculiar function it may appeare euidently to all indifferent readers by the facts and proceedings of Bishops in the old testament Ieroboams hand dried vp Ozias was smitten with the leprosie and thrust out of the Temple king Saul deposed from his kingdome and all this befel vpon these kings because they tooke vpon them the supreame authoritie in causes ecclesiasticall Yea Iehoiada the Priest commaunded to put Queene Athalia out of the ranges and to execute the iudgement of death vpon her And king Iehosaphat affirmeth plainly that Amariah was chiefe ruler in all matters of the Lord as Zebadiah was the ciuill gouernour of all the kings affaires The Answere This obiection containeth a question of great moment and is very obscure intricate and difficult Wherefore I admonish and aduise the gentle Reader to reade my answere againe and againe and to ponder it seriously before hee giue his iudgement therein My answere standeth thus First that Ieroboams hand was dried vp and Saul deposed from his royall throne not for that they challenged a soueraigntie aboue the Priests and supreame authoritie in causes ecclesiastical but because they attempted arrogantly and presumptiously to execute priestly functiō in offering incense vpon the Altar burnt offerings peace offerings Secondly that Vzziah or Ozias was smitten with the leprosie because hee would needes burne incense to the Lord which was the Priests proper function Neither did the Priests for all that thrust him out of the Temple but dutifully as it become them told him what was his dutie and that he had offended God and therefore they willed him to surcease from his wicked enterprise and to goe foorth of the sanctuarie Which was no other vsage then S. Iohn the Baptist afforded Herode the Tetrach when he told him it was not lawfull for him to haue his brothers wife Thirdly that the fact of Iehosaphat proueth euidently the Kings supreame power ouer all his subiects as well in causes ecclesiasticall as ciuill The reason hereof is euident because King Iehosophat by vertue of his prerogatiue royall placed both Amariah and Zebadiah in their seuerall functions and prescribed the limits of their iurisdictions Neither will it helpe to say that Amariah was ruler in the matters of the Lord and Zebadiah in the Kings affaires For the meaning is not that the Kings affaires are not the matters of the Lord seeing as is alreadie proued that the King at his inauguration receiueth the whole booke of the law and charge to see Gods true worship and seruice euery where maintained But the true sense of the text is this and no other viz. that those things which the King in his owne person may execute are precisely called the Kings affaires to distinguish them from his other affaires which himselfe cannot put in execution For albeit in the preaching of the word administratiō of the Sacraments the chosen minister hath onely the charge and authoritie to execute them neuerthelesse Gods annointed Prince hath the supreame charge souereigne authoritie to command the execution thereof as also to correct and to punish the Minister for the neglect of his dutie in that behalfe Of which point I haue spoken sufficiently in my other bookes and therefore deeme it a thing needlesse now to stand long vpon the same Fourthly touching the fact of Iehoiada the Priest I answere that it can no way proue the superioritie of Priests ouer kings For first Iehoiada was not a priuate man but the high Priest in the cōmon weale of the Iewes whose office it was to iudge not ecclesiasticall matters onely but also ciuill For the Iewes had no other lawes but the holy scriptures Secondly Iehoiada did nothing against Athalia of himselfe but with the aduise assent and helpe of the Centurions and Peeres of the Realme all which were bound by the lawe of Deuteronomie to defend the kingdome from strangers Thirdly Iehoiada was bound by the right of affinitie to defend king Ioas and to establish him in his Kingdome For his wife was the kings Aunt Fourthly God had assured by his infallible promise the Kingdome to the familie of Dauid Now Athalia was not of the stocke and Progenie of David but a stranger to the Kingdome For her mother was a Sydonian and her father
glorious resurrection Whereupon it followeth by a necessarie and ineuitable consequâ—tion which neuer can be answered that the Preaching of GODS word and the administration of his holy Sacraments are not so inseperably vnited and linked together but that the one may stand intiere and peâ—fect without the other For Christs will and holy ordinance is that onely rule by which and after which all the actions policie and gouernment of his Curch must be measured ordered and disposed And this reason ab authoritate legislatoris is confirmed by an other argument drawen ab exemplo Wedlocke or Marriage instituted for a triple ende viz. for procreation of children for the avoyding of fornication and for mutuall helpe and societie is perfect and lawfull for the secondarie ends though the first cannot be atchieued For marriage is lawfull in old women quib desinunt muliedria which are past the date of bearing children as all learned men doe graunt Ergo the institution and ordering of Priests or Ministers for a triple end viz. for Preaching of Gods word for administration of his holy Sacraments and for reading of the holy Scriptures godly prayers for the comfort edification of the congregation is godly perfect lawfull for the last second ends albeit the first caÌ„not be attained The same argument is further confirmed by the testimonie of the reformed churches in Helvetia whose iudgement I think the patrones of the English desired presbyterie wil not easily reiect or coÌ„demne Their expres words are these domnanius ministros ineptos non instructos donis pastori necessarijs Interim agnosâ—omus quorundam in veteri ecclesia pastorum simplicitatem innocuam plus aliquando profuisse ecclisiae quam quorundam eruditionem variam exquisitam delicatamque sed paulo fastuo siorem Vnde ne hodie quidem reijcimus simplicitatem quorundam probam nec tamen omuino imperitam We condemne vnmeete Ministers which are not indewed with gifts necessarie for a shepeheard Howbeit we acknowledge that the harmelesse simplicitie of some shepheards in the olde Church did sometime more profit the Church then the great exquisite and delicate but a little to proud learning of some others Wherefore we reiect not now adayes the good simplicitie of certaine Ministers so that they be not altogether ignorant Loe the great learned men the maisters and rulers of the reformed Churches in Helvetia allow and approue as much as we desire The cass is cleere it cannot be denied The first Obiection Saint Paul commandeth expressely that euery Bishop or pastor should be able to teach and to conuince the gainsayers Ergo no mortal man can dispense with vnpreaching Ministers The Answere I answere first that if euery pastor must of necessitie be able to conuince the gainsayers so as otherwise he caÌ„not be a lawfull pastor then doubtlesse must many of those who are of high esteeme with the fauourrs of the presbyterie be vtterly forsaken and deposed from their ministery Secondly that hospitalitie is required in a Minister euen as is his preaching and aptnesse to conuince And yet many pastors are allowed within the presbyterie which for all that can keepe no hospitalitie Thirdly that by Saint Pauls canons he is as vnlawfull a Pastor that is an angry Minister as he that cannot Preach For Saint Pauls wordes are as plaine for the one as they are for the other me orgilon not angrie But if all bee vnlawfull Pastors that be angrie howe can wee bee assured to finde any lawfull Pastors either in the presbyterie or else where Many other conditions doth Saint Paul require in pastors which will hardly be found in the elders of the Presbyterie The true sense and meaning of Saint Paules wordes is this and no other viz. that it is meete and conuenient that a Pastor of the Church haue those qualities and conditions which he reckoneth but withall he meaneth nothing lesse then that he is no lawfull Pastor which wanteth some of the saide conditions Yea the originall Greeke word doth confirme this mine exposition For deioun ton Episcopon doth onely signifie vnto vs that a Bishop or Priest should of congruitie and if it may be haue such conditions and qualities as the Apostle reckoneth vp to Titus and Timothy not that none can be true and lawfull pastors of the Church which are not indewed with all the aforenamed qualities No no the latin word oportet and the Greeke word dei haue no other sense and meaning but that it behooueth or that it is meete and conuenient not that it must of necessitie be so or else no lawfull ordination The second Obiection Christ sent his Disciples forth to preach the kingdome of God and to cure the sicke The Answere I answere that this was a speciall charge giuen onely to the Apostles and that it proueth as well that all Ministers must be curers of diseases as Preachers and conuincers of gainsayers The second Section of Preaching without licence and authoritie The patrons of the Presbyterie affirme those canons ordinances and constitutions to be vngodly wicked and plaine diabolicall which prohibite all Ministers to preach Gods word that are not lawfully licenced thereunto And they cry out against the most reuerend Fathers because they put som to silence whom they had licenced to preach in former times But I answere to these vnworthy complaints and vnchristian exclamations first that no man may take vpon him the ministerie but he onely that is lawfully called therunto Secondly that the Church to whom this authoritie is graunted may place and displace giue licence to preach and prohibite from preaching as it shall be thought most conuenient for the peaceable gouernment thereof and for edification of the people For this cause did King Salomon Depose Abiathar the high Priest and placed Sadock in his roome But doubtlesse he that hath power to displace the Minister which is a greater thing hath power a fortiori to suspend the Minister from execution or to prohibite him to Preach seeing that is a thing that requireth lesse authoritie Againe if the Church had not power to displace suspend and prohibite Ministers from Preaching as their demeanours and circumstances of times places and persons shall require then doubtlesse would the Church abound with schismes confusion and all ataxia contrarie to the Apostolike canon which prescribeth all things to be done decently and in order Yea I protest vnto the world that I deeme the prohibition of Preaching without licence to be one of the most necessary and profitable Canons that euer were ordained constituted and established by this our English Church For since euery man tooke vpon him to Preach at his owne pleasure and was permitted to doe it when and where he would lawfull authoritie hath binso impugned new-sangled conceits so vsuall vnsound doctrine so coÌ„moÌ„ the text it self either scantly touched or so rawly vnclerkly handled that the auditors were as ignorant of the true meaning of
is sinne this day as odious in Gods sight as euer it was and remaineth punishable by the law Morall which is the law of Nature more fullie explained in the Law of the Newe Testament but the quantitie kinde of punishment therein omitted by reason of the mutabilitie of times places and persons is wholly referred to the discretion of the wise Godly Magistrate This conclusion containeth in it three parts the expiration of the Mosaicall law Gods wrath and indignation against sinne the quantitie kinde of punishing sinne which is cōmitted to the Magistrate The first part is sufficiently cleered by the context of the former cōclusion The second part may be prooued by manie places of holie writ For as th' Apostle saith Tribulation anguish shal be vpon the soule of euery man that doth euill of the Iew first also of the Graecian Again in another place the wages of sinne is death Again therefore shall her plagues come at one day death and sorrowe and famine and shee shall bee burnt with fire for that God which condemneth her is a strong Lord. And Christ himselfe sheweth his generall hatred against sinne when hee pronounceth life eternall to be prepared for the righteous and euerlasting paine for the wicked The third and last part is proued two waies affirmatiuely and negatiuely Of the former speaketh S. Paul when hee telleth vs That the Magistrate is not to be feared for good workes but for euil Where hee rendreth the reason thereof vz. for that he is Gods Minister to take vengeance on him that doth euill Of the same speaketh Saint Peter when hee affirmeth the magistrate to bee appointed of God for the punishment of euill doers and for the prayse of them that doe well Touching the latter there is no parte in the whole corpse of the new testament or of the old this day in force which determineth eyther the quantitie or kinde of punishment with the which male factors are to bee punished This negatiue assertion is proofe sufficient vntill some instance can bee giuen for the affirmatiue Againe as the Prophets containe nothing but an explication of the Law so the New Testament containeth nothing but a cleare explication of the law and the Prophetes This I haue elsewhere proued at large where hee that listeth may reade the same for all the kindes of punishment expressed in the Mosaicall Law were meere iudiciall and are alreadie expired as is proued in the former conclusion The law Moral which is the law of nature teacheth vs that sinne ought to be punished but for that no one kinde of punishment not quantity in punishing can be meet and agreeable to all nations all times all places and al persons it leaueth the quantitie and kinde of punishment to bee determined by the godly and prudent Magistrate as shall bee thought most fit and commodious for the peaceable gouernement of the common weale the circumstances of times places and persons euer dulie considered this is euident by the practise of all nations for as M. Caluin writeth truely where Gods law the law of nature forbiddeth to steale the ancient lawes of the gentiles punished theft with double others condemned theues with exile and bannishment others adiudged them to be whipped others to be put to death False witnes was punished in som places onely with infamie in other places with hanging All lawes doe reuenge murder with blood but yet with diuers kinds of death In some places there are grieuouser paines appointed for adulterers in other places those that are more easie yet wee see how they all by this diuersitie of punishment tend to one and the same end For they all with one consent giue sentence of punishment against those offences which are condemned by the eternall lawe of god to wit murder theft adulterie false witnes but they agree not all in the manner of the punishment neithe truely is it necessarie or expedient that they should agree therein Their is a countrey which should out of hand be destroied with theues and slaughter if it did not with horible example deale verie sharpely with murderers There is also some time which requireth the enlarging of the sharpnes of punishment and some people verie prone to some certaine sinne vnlesse they be with great rigour kept in awe he is then very euill affected and enuieth the publike commoditie that is offended with this diuersitie which is most meete to retaine the obseruatiō of the law of God Thus writeth M. Caluin adding much more to the like effect which I omit in regard of breuitie referring the reader to the place out of whose words I note first that all nations who haue as S. Paule recordeth the law of nature ingrafted in their harts did not agree in the kind of punishing sin but vsed some one kind some another Secondly that theft murder false witnesse adulterie and such like haue not one and the same kinde of punishment in euerie people natiō Thirdly that addultery is punished in some places sharply in other som places more gentlie Fourthly that his diuersitie of the kinds of punishment is not onely godly and lawfull but also expedient and necessarie And so I conclude that the law morall which onely law is now in force doth leaue the quantitie and kinde of punishment to be determined by the ciuill Magistrate The third Conclusion Emperours and Empresses Kinges and Queenes absolute Princes and independant Magistrats may lawfully in certaine causes vpon good and godlie considerations either tolerate sinne vnpunished or pardon male factors For the exact handling of this conclusion because it is a matter of great importāce very necessary for many respects I deem it operapretiū agreable to the time in which we liue to lay down some strōg foundations in that behalfe First this is a constant Axiome approued by vniform assent of al learned diuines Cess inte fine legis cessat lex ipsa When the finall cause or end for which the law was made ceaseth then doth the law of necessitie also cease This foundation is grounded vpon the holy scripture where by the flat decree and setled law of the apostles wee are bounde to abstaine frō blood strangled meates This notwithstanding no man hath this day anie scruple of conscience to eate the same yet hereof no other sound reason can be yeelded saue onely that the end for which that law was made did lōg sithēce cease For euē at that time was no precise necessitie to abstaine from blood and strangled meates But this law was onely made in respect of the state of that time that the Gentiles and the Iewes might liue more peaceably together there by avoid all occasion of contention and quarreling And I therefor so soone as that end ceased the law also ceased with it and so we are this day freede from the same yea this Axiome is euident lumine
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