Concerning a Threefold Order of Bishops, Question 2 – Question 5
The ſecond queſtion.
After that religion is reformed, it hath bene a receiued cuſtome that the biſhops, and of the miniſters, paſtors & elders, ſo many as ſhould be ſent of the biſhops, ſhould aſſemble themſelues, that they together with the chiefe Barons and nobles which profeſſe the true religion, might make enquirie after the doctrine and maners of eueryevery one. But ſeeyng the prince himſelfe is a louer of the true religion, it is a queſtion whether there may be ſuch an aſſembly with out the conſent or commandement of the prince. Whether the miniſters alone may meete as often as they will. Laſt of all, whether the nobles and other godly men & elders, (which are yeerely choſen with vsus out of the people and nobilitie together) may lawfully or expediently come without the cōmandement of the king to ſuch aſſemblies. Which aſſembly of the nobles and people, ſeemeth to ſome altogether needles vnderunder a godly prince, either becauſe it hath not long ſince ben receyued by a meere cuſtome without any law, and that vnderunder a prince, who then reſiſted the religion, whereby ſuch aſſemblies myght hauehave the greater authoritie: or els becauſe it may ſeeme dangerous, if ſo many nobles aſſemble ſo oftē, without the conſent of the king, they may ſomtimes conſult of ſome thing els beſides religion.
Others thinke that this aſſemblie is in no caſe to bee refuſed, but rather that it is very needefull that the Nobles and other religious men be preſent as helpers to their miniſters in the aſſembly, bearyng witneſſe of their lyfe and the peoples behauiour, otherwyſe it will after come to paſſe, that if an impious prince raign afterward, that neither miniſters may ſafely aſſemble, neyther can the determination be put in execution without the conſent, helpe & ayde of the nobles.
To the ſecond queſtion.
Councels are neceſſarye in the Church for many cauſes, both to the retayning of agreement, and alſo to the ſeeking of remedies by common aduiſe for the daungers which fall out. And laſt of all, to take order for thoſe that reſt not in the iudgement of perticular ſeignories, if they thinke they hauehave any iniurie done them. And theſe Councels are eyther of a whole nation, or of ſome one Region or Prouince (or Dioceſſe as they hauehave begun to ſpeake after the deſcription of the Prouinces of Rome) deuided into many Seigniories.
It is neceſſary that the Councels of the prouinces be deuided for many cauſes, & except there be other vrgent cauſes, they would be appoynted rather eueryevery halfe yeere then quarterly, leaſt in diſcourſing of matters, they ſpende the tyme in vayne. And it will bee beſt for the auoyding of ambition, that the Councell be not alwayes aſſembled in the ſame place of eueryevery prouince: but as ſoone as one halfe yeeres Synode is diſcuſſed, it may be determined by cō mon conſent, where ſhal be the place of the next followyng. It will be very well that two of eueryevery ſeignorie of the prouince, choſen by common voyces, and ſent with ſome commiſſion, be preſent at theſe councels: one a paſtor, and the other an Elder or a Deacon. Neyther would we hauehave any ſtrife about ſitting, who ſhould ſitte firſt or laſt, but eueryevery one to ſit, as it ſhall fall out without any contention, and the iudgement to bee giuen as any one ſhall ſit.
Now, he that ſhal gouern the whole action, who was choſen for this one thing by common conſent of voyce, the chiefe paſtor of the place, beyng in the beginning Preſident, which office ſhall end, when the Councell ſhall be ended. There are no matters in queſtion to bee propounded to theſe Councels to take knowledge of, but ſuch as are more ſpiritual & belong to that prouince, where they are to be decided without appeale by the word of God, & the rules there ſet downe, without any brabling or diſturbance of the company. Yet if any great priuate controuerſie ſhall fall out in the prouinciall Synode, where ſome may thinke that he hath cauſe to complayne of iniury done vntounto him, he may put vp his complaint to be decided in a generall councel, whē it ſhalbe thought good to aſſemble it.
Furthermore it is chiefly required, that if all the lawes of the Church be eſtabliſhed of the kings chriſtian maieſty: it foloweth, that the Councels are to be aſſembled by his commandement and direction, and not otherwiſe. Neither yet is there a new commiſſion eueryevery tyme to be ſought for of the king for that purpoſe, ſeeyng his maieſty hath once eſtabliſhed a law touching the ſet tymes of ordinary Synodes. But yet if there ariſe iuſt cauſe of ſuſpition of hādling in theſe metings, other matters beſides meere eccleſiaſticall, it ſhall be ſafe for the kings maieſty to ſend one of his ſubiects whō he will, to diſgrace by his preſence the meeting of the Synodes: where yet he is not to be as a iudge, except ſome thing fall out where it is neceſſary that the authoritie of the ciuill magiſtrate be put betweene.
A generall councel of the land is not to be aſſembled but vponupon great cauſes, which ſeeyng they agree not with ſet tymes, it followeth, that they are not to bee ſtanding neither: but as often as ſome thing ſhall ſeeme to fall out of ſo great waight, either in doctrine or in gouernment of the church, as cannot well be decided but in a generall meeting, that prouince is to be carefull, to put other prouinces in mind concerning that matter, in theſe halfe yeeres Synodes: that with the conſent of all, or the greater part, they go vntounto the kings maieſty, who (as being a chriſtiā prince, is to deſire nothing more, then the peace of the churches) ought without any ſtay or doubting, at the ſuite of the Churches, to appoint a place and tyme for a general meeting, as the need of the churches ſhal require. And the ſame order may ſeeme to be kept in the generall Councels, which is in the prouincial, whether before the kings maieſty himſelfe, as in ſome general councels, the emperors of Rome hauehave bene preſent, or before the honorable lordes of the kings maieſtie. And laſt of all, whatſoeuer ſhal be alowed by the common conſent of the Synode, ſhall be confirmed by the kinges maieſties expreſſe authoritie, after the example of the godly Emperours.
The third queſtion.
Whether the king or the biſhops are to call the aſſembly of the Church, and as concernyng what matters they may make lawes.
To the third queſtion.
Wee hauehave aunſwered the firſt part of this queſtion already. To the ſecond we anſwere. Firſt it is not lawful, no not for the angels themſelues, to make any lawes for the conſciēce, but the church is to be vpholden by thoſe which the Lord hath enacted, ſeeyng we are now to looke for no newe reuelation, the whole counſell of God touchyng our ſaluation, being fully & perfectly made manifeſt. Our iudgement alſo is, that the diſcipline or good order is to bee ſought for out of the word of God, and to be kept inuiolable, as the ſecond part of chriſtian doctrine. Yet there remayneth two things, wherof there may, yea and there ought to be lawes ſet downe in the Church. For firſt of all, where as eueryevery thyng is not expreſſely and in ſo many wordes ſet downe in the writings of the Prophetes and Apoſtles: therefore in controuerſies both concerning doctrine and the ſubſtaunce of Church diſcipline, the Councell ought to comprehend the decidyng of them in vnfallible and plaine heads, as by certayne rules, like as it was done profitably in thoſe right approoued Councels both Oecumenie & perticulars, againſt the blaſphemy of the heretikes, and the malipertneſſe of the diſordered. And where as there come many queſtions in the ſeignories, eſpecially when there is dealing about mariages, though there cannot be certaine rules ſet downe touching them out of the worde of God: yet ſo neere as may be, rules drawn out of the comparing of the ſcriptures, are to be ſet downe, after which they may be decided: yet is neither any thing takē from the word of God, by the puttyng to of this, ſo it be rightly done. But this is rather an interpretation of the worde of God, & a declaring how one foloweth vponupon another. Agayne, where the ſubſtance both of doctrine and eccleſiaſticall diſcipline abideth whole and vnchangeable: yet muſt the outward circumſtances of the order needs be changed, for the ſame reaſon of the perſon & places, abideth not alwayes. For we ſee the Apoſtles louelove feaſtes taken away, & the decrees touching bloud, and that which was ſtrangled. The gouernors of the church are to prouide alſo, that all may hauehave intelligence, at what tyme & place it is expedient for any thing to be done in the Church: yet ſo as the doctrine it ſelfe, vnderunder which we alſo comprehend the ordaining of the ſacramēts, abide whole as God hath ſet it downe. Further, that in ſetting down the lawes of this order, there be ſet down nothing fooliſh or vnprofitable, much leſſe any of the old cuſtomes retained, which either is already ſtained with ſuperſtition, or which may eaſily make a way to ſuperſtition. Laſtly, that in all theſe, there be a great regard of ſimplicitie, and that the church be not loaded with a multitude of rules.
And for the auoyding of the diuerſitie of rites, it is neceſſary that theſe Canons, as in olde tyme they called them, be ſet downe in their generall counſels, that any thing in the ſame land may be chaunged according to the tyme. But whatſoeuer ſhall be ſet downe in thoſe counſels, is to be eſtabliſhed by the authoritie of the kings Chriſtian maieſtie, as next after God, the keper and defender of the churches.
The fourth queſtion.
Whether the papiſtes are to be excommunicate as Apoſtates, or vtter fallers away, or to be puniſhed with ſome ſmaller puniſhment.
To the fourth queſtion.
We ſee not what ſword of excommunication may be drawen out againſt thoſe men, who though they were ſet into the church by no vaine baptiſme: yet neuer entred into the fellowſhip of the pure church. Yea the doores are alwayes to ſtand opē that they may come to heare the word of God, and they are carefully to be allured thether, if at any tyme (as the Apoſtle ſaith) they may repent and get out of the ſnare of the deuill, of whom they are holden captiue. But if any ſhalbe thought to ſinne in an open contempt, our iudgement is, that it ought wholy to bee put ouer to the chriſtiā magiſtrate. We thinke that it beſeemeth a Chriſtian magiſtrate to deale much by lenitie in the matter of religiō towards his ſubiects, not being troubleſome ſectaries, & ſuch as of knowledge blaſpheme.
The fift queſtion.
For what cauſe may any be excommunicated. As put caſe one kill a man, ſaying, he did it by chaunce, or of ſome neceſſitie for his owne ſafetie, and is redy to be iudged about that matter, not yet accuſed either of the king or of the neighbours of him that is killed: Whether may the Church make inquirie of the fact, whether it wer done of trecherie, or by chance, or of neceſſity, & compell the manſlear to profeſſe repentance openly in the church, or to excommunicate him if he refuſe.
To the fift queſtion.
No man earneſtly repenting, is to be excommunicate, but after repentaunce, rather ought to bee receiued. And the cauſe of excommunication ought to be moſt waighty & a publike offence, ſeing that onelyonly the extremitie of the diſeaſes muſt hauehave extreme remedies. Yet may ſuch men after the thing be knowen, be ſuſpended from receiuyng the Lordes ſupper (they were woont to cal ſuch mē reſtrained) for whom this is thought to be a neceſſary remedy, that for the great nes of their offence, they may be an example to others, or that their repentāce doth ſtand in need of triall. As for the preſent queſtion. If the magiſtrate put in minde of his duety, doe winke at ſuch faults, and yet it be probable, that none is raſhly accuſed: Wee thinke that the Elderſhip may call him forth, and there as the matter ſhal require, to exhort him to the acknowledging of the offence: which if ye ſhall deny, he is to be left to the iudgement of God, neither are the Elders to proceede any further in the hearing of witneſſes.