the Friday bycause on that day he was crucified But of the Sabaoth day he much doubted For they of Millane of the East parte affirmed that on the day we should not fast bycause Christ that day was at reast in the sepulchre contraryly the Romanes and Affricans and certayne other bycause Christ was deiected euen vnto the ignominy of the sepulchre therfore contended that the Sabaoth should be fasted Monica the mother of Augustine The mother of Augustine when she came out of Affrike to Millane and sawe that the men there fasted not on the Sabaoth day began to meruayle at the vnaccustomed manner Wherfore Augustine which was not yet baptised came to Ambrose asked in his mothers behalfe what was best to be done Do sayth Ambrose that which I do An aunswere of Ambrose By which words Augustine thought that he should not fast bycause Ambrose fasted not But what he ment he himselfe more manifestly expressed I sayth he when I come to Rome do fast bycause the Sabaoth day is there fasted but when I returne to Millane bicause here it is not fasted I fast not De consecratione dist 3. chap. De esu carnium it is decreed that Friday and Wensday should be fasted the Sabaoth day is left free And in the same distinct the chap. Sabbato vero Innocentius InnoceÌ„tius hath added That the Sabaoth also must be fasted But he bringeth a farre other cause then that which before we spake of For for bycause saith he the Apostles both vpon the Friday and also vpon the Sabaoth day were in great mourning and sorow therfore we must fast In the same dist chap. Ieiunium Melchiades decreed that we must not fast on the Sonday nor on the Thursday and he geueth a reason bycause the fastes of Christians ought to be on contrary dayes to the fastes both of heretikes and of Ethnikes Epiphanius Epiphanius bringeth a reason why the Wensday is to be fasted namely bycause Christ was that day taken vp to heauen for it is written that when the bridgrome is taken from theÌ„ then they shall fast and this he affirmeth to be the tradition of the Apostles when as yet at this day we beleue that the Ascension happened on the Thursday We must geue â—â—le credite to traditions wherfore let the Papistes take heede howe muche credite they will haue to be geuen vnto their traditions For there are many of them whiche euen they themselues can not deny but that they are ridiculous and vayne I know in deede there are traditions founde whiche are necessaryly gathered out of the holy scriptures and for that cause they ought not to be abrogated But other traditions whiche are indifferent are not to be augmented in number least the Churche should be oppressed neither to be thought so necessary that they can not be abolished And we must beware that in them be not put the worshipping of GOD. But as for those whiche are agaynst the woorde of god are by no meanes to be admitted In the dist 76. chapter .1 are added Imber dayes or the Fastes foure tymes in the yeare Which why they are so diuided scarsely can any man perceaue They cite Ierome vpon Zachary who maketh mention of the fourth moneth fift seuenth and tenth And they seeme to be moued with a wicked zeale to distribute these fastes into foure partes of the yeare And those fastes whiche the Iewes receaued euery yeare for the calamityes which they had suffred Why the fast of Imber dayes were inuented the same our men haue made yearely But other haue inuented an other cause namely bycause in those foure tymes of the yeare Byshops are wont to promote clarkes vnto the ministery and orders Wherfore they say that the people ought then most of all to faste and praye that GOD would graunt them good Pastors Fasting and prayers should be had in the ordering of Ministers But I would demaund of the Byshops why they institute Ministers onely at those .iiii. tymes of the yere Vndoubtedly they caÌ„ render no certayn iust reason therof Augustine Aerius an heretike Augustine in his boke de Haeresibus sayth the Aerius contemned oblatioÌ„s for the dead also such fast as were appointed bycause ChristiaÌ„s were not vnder the law but vnder grace but he would the euery maÌ„ should fast at his owne pleasure wheÌ„ he himselfe would In dede I allow not Aerius in that he was an ArriaÌ„ but as touchiÌ„g sacrifices oblations for the dead he iudged rightly godly And also concerning appointed fastes I see no cause why he ought to be reproued vnles peradueÌ„ture he thought this that fastes could not be denouÌ„ced of the Magistrate of the Church as the difficulty of times required The reason also which he vseth the ChristiaÌ„s are not vnder the law but vnder grace is weake for we are not so deliuered froÌ„ the law that we are absolued froÌ„ all order Iouinian an heretike Augustine also writeth that IouiniaÌ„ contemned abstinences fastes as things vaine vnprofitable where in if he spake of bare fastes onely such as wer appointed at certayne dayes certayne tymes of the yeare he iudged not ill For vnles they be adioyned with faith repentaÌ„ce also with vehement prayers they nothing at all profite In Esay the .58 chap. the people coÌ„playned We haue fasted thou hast not looked vpon vs which wordes shew that fastes with out circumstances requisite are not acceptable vnto God but if they be ioyned with their additions they are not vnprofitable By the decrees of Liberius who liued in the tyme of CoÌ„staÌ„tius may be knoweÌ„ Liberius how that wheÌ„ the ayre was vnteÌ„perate or that there was any famine or pestileÌ„ce or warre then they asseÌ„bled together to denouÌ„ce a fast wherby to mitigate the anger of god Augustine Augustine wheÌ„ he saw his city besieged of the Vandales gaue himself vnto fastyng prayers in that siege died as Possidonius testifieth And generally wheÌ„ we atteÌ„pt any great waighty matter as wheÌ„ we denouÌ„ce war or creat Magistrats or ordeine Ministers of the Church we haue nede most of al of ferueÌ„t prayers for the ferueÌ„tnes wherof fasting very much auayleth Christ when he should begyn his preaching went into the wildernes fasted A widow when her husband is dead is left in a perillous state Therfore prayers fastes are very conuenient for her Anna the daughter of Phanuel led her life in the temple where she gaue herself to prayer fasting Paul to Tim. sayth A widowe which is truly a widowe putteth her coÌ„fidence in the Lord day night applieth herselfe to prayers fastes Cornelius when he was not yet sufficiently instructed of Christe and was heauy and pensiue in mynde in the ninth houre was fastyng and in prayers to whom the Aungell as it is written in the Actes of the Apostles appeared But it may be demaÌ„ded when fastes are denouÌ„ced of princes
Glory to God on high which they wil haue to be the inuention of Telesphorus Then had they Collectes which are ascribed vnto Gelasius Moreouer certain lessons were rehearsed out of the holye scriptures either out of the old testament or els out of the Actes or Epistles of the Apostles The Epistle Whiche lessons being done there was to be rehearsed some part of the Euangelicall hystory But when the Readers had red vnto the church the fyrst lessons the deacon stoode vp in a high place or pulpit namely to be sene and to be vnderstande of al men The Gospel The graduale Halleluiah wher he distinctly pronounced that which was to be redde out of the Gospell But whylest hee went and ascended vp the stayres the people vsed to syng some verses of Psalmes which commonlye they called Graduales that is stayre songes They added also vnto them Halleluiah that is prayse the Lord as it were clapping of hands with a ioyous cry for the glad tidinges of the gospell This hebrewe woord Halleluiah semeth to be taken out of the Churche of Ierusalem whereof there is mencion made also in the Apocalipse and in the tytle of certayne Psalmes When the Deacon had red the Gospell the Byshop A Sermon or the Pastor of the Churche added thereunto an interpretation and exhortation wherin vices were reproued and deliberation taken of such as wer to be excommunicated Which thinges being thus finished The Papistes haue transposed the sendyng away of the people the Cathecumenites and others which woulde not communicatr were sent awaye But in our tyme bycause there are found very seldome any Cathecumenites and they whych do not communicate doo stande myngled with the rest yea almost none communicate except it be the Sacrificer alone The Papistes haue differred that Missio that is that sendyng awaye to the ende of their abhominations For then they vse to say with a loude voyce Ite Missa est That is Go your way Ite Missa est nowe is the departure But in the olde tyme those thinges being finished The Symbole of the fayth whyche wee haue rehearsed they which abode to be partakers of the holy Supper dyd sing the Simbole of the fayth that they might diligentlye instruct one an other in the principal heades of religion wherein they consented For in Symboles is comprehended the fumme of faith whiche comprehension or summe The Symbole is called the tradition of the Church Tertulian The counsel of Nice if a man wyll diligently reade the olde Fathers he shal finde to be called Traditio Ecclesiae that is the tradition of the Churche which is both taken out of the holy Scriptures and also necessarye to be beleued for saluation And sometimes Tertullian bringeth it agaynst the heretickes which denyed the holy Scriptures The Synode holden at Nicena made a full and perfecte Symbole but not the fyrste for as muche as there were certaine Symboles before as we may know euen of Tertullian hym selfe Then whyle they soong the Creede or Symbole such as were present offered of theyr goods suche thynges as they thought good Three vses of oblation The offering serued for three maner of vses for parte of it was spent on certayne moderate banquets whiche the Christians dyd at that tyme verye religiouslye celebrate among them selues and they were commonly called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Charitable banquetes that is charitable banquets Part of that which remained was distributed vnto the poore And finally some of the bread wyne was layd vp for the vse of the holye Supper And that thys oblation of thinges was then added Offertory Collectes twoo thinges doo testefye Fyrst certayne verses which were soong by the people whilest the offering was in doing which was therfore called of theÌ„ Offertorium that is an offring The same is also knowen by those collectes which are redde in that part of the Masse Yea and Iustinus the most auncient Martyr hath made mencion of the same oblation in his Apologie or defence and Ciprian also and some of the old Fathers Sursum corda After these thinges when they came to administer the holye Supper they sayde Sursum corda that is Lyft vp your hartes as the Ethnickes vsed to cry in their holy thinges Hoc age Hoc age that is do this And surely the Christians said so verye aptlye and in conuenient time thereby to admonishe them selues to thinke at that time vpon no carnal nor earthly thing but wholy to lyft vp their myndes vnto heauen where Christ is to be sought and not in earth as thoughe he were included in the breade or wyne After that they gaue thankes when they sayd Gratias agimus tibi From whence is had the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Proper words of the Supper The Lordes Prayer Sancâ—us Prefaces Canon We geue thankes O Lorde holye father almightye and euerlasting God through Christ our Lorde c. These thinges are moste auncient and are found very often in old ecclesiasticall wryters Yea and that mystery of the bodie and bloud of Christ was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is geuing of thankes bycause all the accomplishing thereof dependeth vp on thankes geuing And when the people had sayd Through our Lorde Christe he went to the proper woordes of the Supper Which being rehearsed there was said the Lordes praier But Xystus before the rehersall of it would haue the people to sing Sanctus Sanctus c. that is holy holy c. And that there might be better occasion geuen to come to that song certaine prefaces were put before And to those they peeced theyr Canon which one Scolasticus as Gregory mencioneth in his Register made whiche in deede the same Gregory alloweth not bycause he woulde put in thinges of hys owne and neglected the Lordes prayer The kysse of peace is sayd to be the inuention of Leo the seconde Kisse of peace Which seemeth not so to me for as muche as that maner was in the Churche euen in the tyme of the Apostels that Christians shoulde entertayne one another wyth the kysse of peace Yea and Paule in hys Epistles hath made mencion of that kynd of saluation Agnus dei And Iustine also the martyr in his second Apology hath mencioned of this kysse The song of Agnus dei that is the Lambe of God Distribution of the sacrament is said to haue beene brought in by one Innocentius And when all these thinges were finished they came to the distribution of the Sacrament Whych whilest it was in doing or when it was finished they song a song of thanks geuing Post coÌ„munion Praiers at the end which they called Post Communionem that is an after Communion And all these thinges beyng finished and ended the Minister sent away the people blessing them with a lucky blessing All these thinges althoughe they led awaye the Christian people from that fyrst simplicity of vsyng the Lordes Supper very manye
is the head of the woman as Paule hath said in the first to the Corinth In mariages the fyrst order of kinred maye not be peruerted Wherfore ther must alwaies bee a regarde had that in mariage the order of kinred bee kept least the order which was before should be peruerted For it is meete that mariages should obserue and not violate honesty of order among men Which honesty should he violated if euery man might take to wife hys Aunt his vncles wife or mothers sister For bicause that women ioyned vnto vs by this degree of kynred are to be reuerenced as mothers But if they be made wyues then by the law of matrimony they are made subiectes and ar bound to honour to obey and reuerence their husbands whom otherwise they ought to haue had in place of childrē Which semeth nothing els than to commit thinges repugnaunt to nature But if it be contraryly done then is there no peruerting of order incurred For hee which is an vncle either by fathers syde or mothers syde shoulde be honoured and reuerenced lyke a father when he taketh to wyfe his niepce the husband is made her head and shal be honoured and obeyed of her no lesse than if he wer her vncle eyther by the fathers syde or mothers syde neither commeth there any perturbation of order by coniunction of matrimony These thinges Burgensis alledgeth Wherfore this place doth not onely admonish but in a maner also cōpel vs somwhat to entreate of degrees prohibited in contracts of matrimony Yet wil I leaue at liberty whether Chaleb Othoniel wer brethren or whether they were ioyned with any other affinity together This is most certain if Othoniel wer the sonne of Chaleb his brother the mariage then was very lawfull But the state of the question is whether it wer lawfull for Othoniel by the common lawe to marye hys brothers daughter In the law are not rehersed all the degrees in which maryages ar prohibited This seemeth first to bee agreed vpon that in the .18 .20 chap of Leuit. are not rehearsed al persons or degrees in which mariages are prohibited for there is no mencion made of Graundmother when as neuertheles al men wyll confesse it to be most filthy if anye man shoulde take to wife his Graundmother which is farre aboue him in his yeares The wife also of the Graundfather is not mēcioned of though the wife of the vncle by the fathers side be spoken of yet is there nothing spoken of the wife of the vncle by the mothers syde Yea that we more maruayle at there is no prohibition for the father to marye hys daughter when as al men confesse that these mariages are most incest Wherfore it is to be thought that in that place are set forth by the holy ghost certayne degrees prohibited those not many but yet such that by them as by certain exquisite and manifest rules we may iudge of the like Wherfore we must thinke that those thinges which are spoken of the mother are also commaunded of the Graundfather or Graundmother or wife of the Grandfather seing that al these are to bee reckoned for Parentes Those thinges also whych are spoken of the wife of the vncle by the fathers syde do manyfestly declare what is to be done with the wife of the vncle by the mothers side For as much as these aliaunces or degrees are of one space or distaunce one from an other Wherefore I am of this opinion that I thinke the prohibitions mencioned in the law are therefore set forth that by them we might euidently vnderstand what is meete to doo in the lyke degrees I graunt neuerthelesse concerning Paulus Burgensis reason that they doo muche more violate the law which do concract matrimonies with persons forbiddē Who syn more greuouslye against the degrees prohibited It is vncertain whether the Iewes doo abyde in the right obseruyng of their lawe and therwithal peruerting also the order of kinreds For it semeth to me that he doth farre more vilye which marrieth his Graundmother than he which marryeth his niexce by the brother although I thinke that bothe these matrimonies are not lawful What the Hebrewes do in our time I passe not much to know yea I much doubt of that which Paulus Burgensis taketh vnto him as a thing sure manyfest namely that the Iewes are at this day most diligent in obseruing of theyr outward lawes For me thinketh that I should doo well in not geuing to them more dignity or religion than to Christians Wherfore as it is manifest inough that we haue for mens traditions very much straied from the right obseruation of the comaundementes of God and also from the right knowledge of the scriptures so is it also lykely that the same hath happened vnto the Iewes especially in this our age Wherfore I am not iniurious against them whē as I wyl not geue more to them than to our selues The Iewes haue added mani other degres to the degrees expressed of god Neuertheles I wil not omit that the Rabines haue added to their prohibited degrees in the law many more as wel in ascending as descending which I see the most learned man Paulus Fagius hath declared in his annotacions vpon Leuit. nether can I be perswaded that they wer added by them for any other cause but onely bicause they thought that those degrees wer comprehended in the degrees expressed by God What we must haue a respecte vnto in iudging of degres Wherefore to geue iudgement of any lawful mariages that shal not be sufficient in my iudgemēt if the degree wherin they are contracted shal not be prohibited by manifest proper wordes in the law neither the order of kinred peruerted for it maye be that the like degree of the same distaunce be forbidden by authority of the law The scripture declareth not by manyfest wordes the peruertyng of order which is to be taken heede of in mariages Nether doth the scripture as far as I can see alledge in any place the reason concerning peruerting of order although as I haue before said I doo not vtterly abiect that reason Some man peraduenture wil saye what matter is it for vs of this age either to know or els to obserue those preceptes which ar contained in the .18 .20 chap. of Leuit. seing that we after the cōming of Christ are no more bounde to the ciuill lawes of the Iewes I confesse that the Christians are not bound to the ciuil preceptes of the law but yet I ascribe those preceptes whych are there geuē for mariages not to ciuil lawes but rather to moral And I think that I maye bring a reason out of the same place to confirme my sentence For God when he gaue those lawes added these wordes therunto The Chananites ar reproued bicause thei had defiled thē selues with incest Take hede therfore that ye defile not your selues with whordomes such incestes as the Gentiles
vs iniury in requiring it now of vs at the last ¶ Of Prescription Why the lawe of prescription was brought in HEreby we gather that the right of prescription is no newe thing but a thing grafted of God hymselfe in the hartes of men But why it was founde out I wyll in fewe woordes declare It may be that a man may possesse an other mans thing vnwittinglye As for example There is an heyre whiche succeedeth him that is deade and among hys goodes he findeth somethinges that were vsurped by the former while he lyued or receaued for a pledge which he being ignoraunt of possesseth all those things with a good mynde And so being ignoraunt and vnwitting possesseth an other mans thing as his owne What then shal the heyre neuer seeke for the iust possession thereof If the true owner doo neuer require his thing ought the ignoraunt to defraude the heyre for euer that he shoulde neuer possesse againe that thing as hys owne For if the owner neuer demaunde hys owne thing againe that is to be ascribed vnto his owne slothe and slouggishe negligence Wherefore in detestacion of suche slouggishnes and in commendacion of an vprighte fayth and lastly for publike peace sake the lawe of prescription was found out Iiphtah nowe vseth thys lawe agaynst the Ammonites We saith he haue possessed thys land this three hundred yeares Why then doest thou make this garboyle and tumult agaynst vs Except some certayne time were appointed within the space whereof and not beyonde thinges myght be demaunded agayne the possession of all thinges should be vncertaine but from that humane thinges doth wonderfullye abhorre Wherefore this euyll is remedyed by the right of prescription The difinition of prescription And it is defined in the Digestes de vsucapionibus law .iii. that it is an addiction or claime of dominion by continuacion of possession by the time appointed by the lawe The difinition is plaine and manifest But in these daies they make a difference betwene prescription and vsucapione when yet in the Digestes and among the olde Lawyers they wer not seperated In the tyme of Antonius Pius as I remember these beganne fyrst to bee seperated so that vsucapio taketh place in thinges moueable What differēce is betwene prescription and vsucapio and prescription in thinges vnmoueable But thus much by the way But in our historye this is to be marked that Iiphtah doth wisely deuide his argumentes for he doth not first place the lawe of prescription but before all thinges hee obiecteth the right of warre afterward the gift of the true God and his cause beyng so confirmed at the last he vseth the lawe of prescription And that hee doth therefore bicause a possession continued doth not by it selfe and alone prescribe What thynges are required to the right of prescription but it hath neede of a good title and an vpright faith A good title is that the thing bee gotten by right order and lawfull manner For he that hath gotten anye thing by theft or rapine although he haue long possessed it yet it prescribeth not But if both the title be good and his faith vpright and continuance of tyme bee added the prescription is firme and good If we haue gotten any thing eyther by bying or by gift or by inheritaunce or suche lyke wayes the tytle is good but farther wee haue neede of an vpright fayth whereby we are assured in our selues that no mans right is iniured and that we know that there is nothing which maye by iust meanes let vs. Wherefore Iiphtah hath a good tytle the ryght of warre and the gyft of God He possesseth also with an vpryght fayth bycause hee meaneth neyther fraude nor rapine Wherefore he very well vseth the lawe of prescription But the tyme of prescription in thinges moueable Of the tyme of prescription is as touching our ciuill lawes three yeares but in thinges vnmoueable tenne or twentye yeares if ignoraunce happen not For if the owner knowe that it is his owne thyng which is possessed of an other and he hold his peace so long hee cannot afterwarde demaunde it againe And the lawe seemeth iustlye to punishe suche negligence But if the owner be ignoraunt the tyme is farther proroged namely to thirtye or fortye yeares And this is done when ignoraunce happeneth and that he possesseth it for himselfe and not for an other otherwyse it is no prescription Howbeit thys we must knowe by the waye that the Ecclesiasticall Canons as touching prescription doo differ from the ciuill lawes For they as we haue sayde doo appoynt thirtye yeares though the possessor be of an euyll fayth For they determine that euyll faythe cannot let prescription But as it is had in the .vi. De regulis iuris chapter Possessor A possessor of an euil faith prescribeth by longnes of tyme. For we should haue a respect vnto the woorde of God and wyth what conscience a man may possesse any thing These thinges haue I alledged that we might vnderstand how Iiphtah vseth the law of prescription ¶ Of Custome NOw bicause althinges are certaine and manifest I might returne vnto the history But yet I thinke it good somwhat to speake although briefelye of Custome bicause it hath great affinitye with prescription and bicause our aduersaries doo styrre vp great tumultes bicause of it and woulde vtterlye oppresse vs with Customes What custome is firme Custome as it is had Extra de Consuet chapter the last ought to be agreable vnto reason and lawfully prescribed The ciuil lawes assigne vnto custome ten or twenty yeares the Canons thirty or forty yeares But most firme is that custome Custome against the word of God is of no force the memorye of whose beginning is not extant amonge men And this ought to be firme that those thinges which are against the woord of God do by no meanes prescribe Wherfore that which the Papistes affirme namelye that the Communion hath bene geuen but vnder one kinde thys foure hundreth or fyue hundreth yeares bicause it is manifestlye against the woorde of God they cannot proue that it is prescribed by custome For suche a thyng is not as you would say prescriptable By whiche selfe same meanes they can not bring the custome of the sole lyfe of Ministers as prescript for it was at the begynning extort by violence Hostiensis and it is against the woorde of God althoughe Hostiensis saith that the power of Custome is so great that it compelleth Priestes to sole lyfe What custome is vicious in the distinction .xxiii. chapter Placuit But as the ciuill lawes determine that Custome is vicious which eyther is against nature or els agaynst the common lawe But that which I haue affirmed hath hys foundacion in the holye Scriptures For when Christ sayd vnto the Phariseis Hipocrites why violate ye the commaundement of God bicause of your own tradicion For God saith Honour thy father and thy mother But you say whosoeuer sayth