Common Places — Peter Martyr Vermigli

Common Places · Peter Martyr Vermigli

The thirteenth Chapter. Of a Magiſtrate, and of the difference betweene Ciuill and Eccleſiaſticall power.

In Iud. 19. at the end. Looke in Iud. 8. 23.NOw it remaineth that I intreate of a Magiſtrate, who in my iudgement may thus be deſcribed: Namely, A perſon choſen by the inſtitution of God, The definition.to kéepe the lawes as touching outward diſcipline, in puniſhing of tranſgreſſors with puniſhment of the bodie, and to defend and make much of the good. There are vndoubtedly many perſons elected by the inſtitution of God, which are not Magiſtrates: ſuch be the Miniſters of Churches, which neuertheleſſe are kéepers of the word of God and of his law, but not onelyonly as touching outward diſcipline. The difference betwéene the office of a magiſtrate and a Miniſter.Becauſe it is the office of miniſters, through the word of God to pearſe euē to the inwarde motions of the minde: becauſe the holy Ghoſt ioyneth his power, both to the right preaching of his word, and alſo to the ſacraments which are miniſtred in the Church. But the Magiſtrate onelyonly exerciſeth outward diſcipline and puniſhment vponupon tranſgreſſors. The miniſter in the name of God, bindeth the guiltie and vnpenitent, and in his name excludeth them from the kingdome of heauen, as long as they ſhall ſo remaine. The Magiſtrate puniſheth with outwarde puniſhments, and when néede requireth, vſeth the ſword. Both of them nouriſh the godly, but diuerſly. The Magiſtrate aduaunceth them with honors, riches and dignities. The miniſter comforteth them with the promiſes of God & with the ſacraments. The end of a Magiſtrate.Wherefore the Magiſtrate is appointed to the end that the lawes ſhould be diligently kept, the guiltie puniſhed, and the good holpen and foſtered. And certainely the lawe is a dumb Magiſtrate: and againe, the Magiſtrate, is a liuing and ſpeaking law, Rom. 13. 3.and is alſo the Miniſter of God (as Paul ſaieth) to their praiſe which doe well: and on the otherſide he beareth the ſworde againſt the wicked as a iudge and reuenger of God. Looke In 1. Sam. 8. 6.Neither tend theſe things to any other ende than to the ſafetie of men.

2 Howbeit the forme of Magiſtrates is not of one ſort but manifolde: as Monarchia, The forme of a Magiſtrate is manifold.[y^e gouernment of one] Aristocraſia [the rule of many good men,] and Politia [politike gouernment.] Or elſe Tyrannis, [where one rules for his owne commoditie,] Oligarchia, [where a fewe be in authoritie,] and Democratia, [when the people beare the ſway.] The deſcriptions and natures of which formes Plato, Ariſtotle, and other Philoſophers, hauehave elegantly deſcribed. Of all theſe manners of gouernment the beſt is to be deſired. And all men to whom it pertaineth ought to prouide, that a good or tollerable eſtate, degenerate not into an euill one. But if it happen at any time that Tyrantes or wicked princes obtaine the gouernance, that muſt bee ſuffered as much as the worde of God giueth leaue. The Iewes were by violence oppreſſed of the Babylonians: Ier. 27. 11. & 29. 7. An example of y^e Iewes for obeying of the Magiſtrate.whom neuertheleſſe, GOD admoniſhed that they ſhould obey, & to pray for the King although he were a Tyrant, and poſſeſſed the kingdom of the Hebrewes moſt wrongfully. Caeſar alſo helde Iewrie by Tyrannie, and yet Chriſt ſaid: GiueGive that which is Caeſars vntounto Caeſar, Mat. 22. 21.and the things that are of God vntounto God. The Apoſtles alſo hauehave taught that we muſt obey princes and pray for them. Rom. 13. 1. 1. Pet. 2. 13.Nero was a moſt ſhamefull beaſt, to whom notwithſtanding the Apoſtle in his Epiſtle to the Romans ſheweth that obedience ought to be giuen, Rom. 13. 5.not onelyonly for feare but alſo for conſcience ſake. Phocas attained to the Empire of Rome, by euill practizes, and moſt cruelly ſlew Mauritius his prince, and alſo his children, whom neuertheleſſe the Romans acknowledged for their Emperour: and Gregorie the firſt, read vntounto the people his commandements and writings. But and if thou ſhalt demaunde what forme of a publike weale y^e Iewes had, it may eaſily be knowen. At the beginning they had Ariſtocraſia [where the beſt ſort ruled.] For God approoued the counſell of Iethro, Exo. 18. 14which was, that there ſhould be choſen out wiſe men and couragious, and ſuch as feared God which ſhoulde gouerne the publike weale, as it is written in Exodus and Deuteronomie. Deut 1. 9. Numb. 11. 16.Yea and God himſelfe with his ſpirit did ſo inſpire theſe 70. men (whom he had commaunded to bée choſen as helpers of Moſes in the gouernment,) as they alſo propheſied. On this wiſe were the Iſraelites gouerned, although afterward they were ruled by a king.

That Princes are called paſtors.3 But this muſt not be omitted that princes in the holy ſcriptures are not onelyonly called Deacons, or Miniſters of God, but alſo Paſtors: Ezech. 34.Of whom Ezechiel complaineth for manie cauſes, for that they cruellie and peruerſlie fed the people of God. Homer.Homer alſo calleth his Agamemnō the paſtor of the people. For they ought not to beare rule as théeues or hirelinges, to fléece and to oppreſſe, but to kéepe, nouriſh, and féede lyke Paſtors. They are alſo called Fathers, Magiſtrates are called Fathers.wherefore the Senators among the Romans were called Patres conſcripti, that is, appointed Fathers. Neither was there a greater or more auncient honour in the Commonweale, than to be called, The father of the Countrie. Yea alſo a Magiſtrate by the lawe of God is cōprehended vnderunder this commaundemēt, Honour thy father and thy mother. Exo. 20. 12Princes then owe vntounto their ſubiectes a fatherly louelove, and they ought alwayes to remember that they are not rulers ouer beaſtes, but ouer men, and that themſelues alſo are men: who yet ſhould be farre better and more excellent, than thoſe whome they gouerne, otherwiſe they are not fit to gouerne them. For we make not a ſhéepe the chiefe ruler ouer ſhéepe, but the Belwether, and then the ſhepheard. And euen as a ſhepheard excelleth the ſhéepe, ſo ought they to whome the office of a Magiſtrate is committed, to excell the people. Nowe muſt wée conſider by whome Magiſtrates are ordained. That is ſometime doone by the conſent of the Senate, By whom Magiſtrates are appointed.ſometime by the voyces of the people, or by the will of the ſouldiers, or elſe by ſucceſſion of inheritance. Howbeit theſe are but inſtrumentes. God is the firſt appointer of Magiſtrates.But the proper cauſe of Magiſtrates is God himſelfe, which may be prooued by manie reaſons. Firſt there is by God kindled a certaine light in the hearts of men, whereby they vnderſtand that they cannot liue together without a guide: and from thence ſprung the office of a Magiſtrate. Deu. 17. 12The lawe of God alſo commaundeth to obay Magiſtrates. And before the lawe giuen by Moſes, as it is written in Geneſis, Gen. 9. 6.God ordayned that he which ſheddeth mans bloud, his bloud alſo ſhould be ſhed, not raſhlie in déede or by eueryevery man (for that were verie abſurd). We may then gather by thoſe wordes, that a Magiſtrate was plainelie inſtituted by God, that he ſhould puniſh manquellers. Paul alſo writeth that, Rom. 13. 1.all powers whatſoeuer they be, are ordained of God. And Chriſt aunſwered vntounto Pilate, Ioh. 19. 11.Thou ſhouldeſt hauehave no power againſt me, except it had bin giuen thee from aboue. By theſe teſtimonies and reaſons it is prooued, that God is the true and proper cauſe of Magiſtrates.

4 But here ſome cauill ſaying: If all Magiſtrates be of God, then muſt all thinges be rightlie gouerned: But in gouerning of publike weales we ſee that many thinges are doone naughtilie and peruerſlie. Doubtleſſe, vnderunder Nero, Domitian, Commodus, Caracalla, and Heliogabolus, good lawes were deſpiſed, good men killed, and diſcipline of the Citie was vtterlie corrupted. But if the Magiſtrate were of God, ſuch thinges had neuer happened. The office muſt be diſtinguiſhed from the perſon.This reaſon neither can nor ought any thing to mooue vsus, becauſe the office is to be ſeparated from the perſon. And certainlie it may be that he which hath the office may be a naughtie and wicked man, when as neuertheleſſe the authoritie it ſelfe is good and very profitable. For there is nothing ſo good, but that men by their naughtineſſe may vſe it ill. Wherefore it is no maruell, if there hauehave bin kings and Emperors which ſometime hauehave abuſed the power giuen them, which notwithſtanding they were not ſo able to corrupt, but that men by it receiued many good thinges and commodities, as I hauehave before ſhewed. Dan. 2. ver. 12. & 37.By the teſtimonie of Daniel, it is moſt manifeſt that Magiſtrates are of God: For (ſaith he) he giueth and tranſlateth kingdomes at his owne pleaſure. Furthermore, we ſée that the Monarch hath ſometime bin in the Eaſt, ſometime in y^e South, afterward in the Weſt, and ſometimes in the North: and that otherwhile there hauehave bin good princes, otherwhile euil: ſometimes hauehave reigned noble men, and ſometime men of obſcure kinred. And we perceiue, it oftentimes happeneth that riches or power further not to the obtainement or holding of a kingdome, and to thinke that theſe thinges are doone by chaunce without the prouidence of God, it is moſt abſurd.

5 Some Aſtronomer perhappes will ſay, The alterations of Princes muſt not be attributed to the ſtarres.that theſe chāges or alterations are brought in by the ſtarres: But Daniel, the Miniſter of trueth, ſaith that it is God which changeth times. For euen as he hath in the yeare appointed the ſeaſons of times, ſo as it pleaſeth him dooth he ſometimes eſtabliſh princes, and ſometime taketh them away. 1. Sam. 16. 1He caſt downe Saul, and he alſo promoted Dauid. And he foretold that he would ſo doe, leaſt it might hauehave ſéemed to happen raſhlie or by chaunce. Yea & kingdomes and publike weales, may be called certain woorkhouſes, or ſhoppes of the will of God. For that is doone in them which GOD himſelfe hath decréed to be doone, although princes oftentimes vnderſtand it not. God called the Medes and the Aſſyrians, Eſa. 10. 5. & 12.to afflict the Iſraelites: and thoſe when it ſeemed good vntounto him he expelled and tooke away. He rayſed vp the Perſians againſt the Chaldeans, and the Gretians againſt the Perſians, and laſtlie the Romans againſt all other nations. Who diuided the kingdome of the Hebrewes into Iuda and Iſraell? God verilie did it. Ahias the Silonit did foretell that it ſhould ſo come to paſſe, 1. kings. 11 30.and ſayd that the word was come foorth from the Lord that it ſhould ſo be. Who ouerthrew Achab? The cauſe why Tyrants are placed.who cauſed Iehu to be annointed, but onelie God? But there are certaine tyrants, which deſtroy publike weales. I graunt it, but our wickedneſſe & ſinnes deſerue it. For there be oftētimes ſo grieuous ſinnes, & ſo manie that they cannot be corrected by the ordinarie Magiſtrate, and by a gentle and quiet gouernment of things. And therefore God dooth then prouide Tyrantes to afflict the people: After Tyrants God cauſeth good Princes to ſuccéede.And yet for the moſt part he tempereth & qualifieth his puniſhment in placing among them good and godlie princes. After the fall of Nero, he ſet vp Veſpaſian: After Domitian he ſent Nerua and Traian: After Commodus, Pertinax and Seuerus: After Heliogabalus, Alexander. But they which ſay: the wicked actes of Tyrantes are not of God, yet doe thoſe thinges ſpread abroad into kingdomes and Empires: Therefore Empires and kingdomes are not of God: A falſe argument.they I ſay make a falſe Syllogiſme A ſecundum quid, ad ſimpliciter: that is, from that which is in ſome reſpect, vntounto y^• which is abſolute. Neither is this a perfect concluſion. Certaine thinges in a Magiſtrate are not of God, therefore the Magiſtrate himſelf is not of God. Or elſe they reaſon ill frō Accidentes: For vices and wicked actes happen to publike powers, but are not ioyned vntounto them by themſelues, or by their owne nature. Whether a godlie man may vſe the helpe of a Tyrant. Acts. 25. 11But ſome man will doubt: If the Magiſtrate be an Ethnick and alſo a Tyrant, whether it be lawfull for a godly man to vſe his helpe and ayde. What elſe? Paul appealed vntounto Caeſar a moſt wicked Tyrant. But it may ſéeme, he did againſt his owne preceptes. 1. Cor. 6. 1.For in his firſt Epiſtle to the Corinthians, he reprehended thoſe Chriſtians which pleaded cauſes at the iugement places of the Ethnickes. He iuſtly reprooued the Corinthians becauſe there were Chriſtians among them which might in the Church hauehave decided their cauſes: Neither was it conuenient that Chriſtians ſhould contend with Chriſtians at the iudgement places of the vngodlie. But Paul when he appealed vntounto Caeſar, had not to doe with Chriſtians, but with the Iewes and preſident of Rome. Wherefore ſéeing he had not a faithfull Magiſtrate, neither could it otherwiſe be doone, and his life alſo was ſought, he did not ill in crauing the tuition and helpe of the common Magiſtrate, although he were an Ethnicke. For euen as we vſe the Sunne and Moone, ſo alſo is it lawfull to vſe the publike and ordinarie Magiſtrate, what manner of man ſoeuer he be.

6 The Chriſtian Church did euen ſo, The church vſed an Ethnicke Magiſtratewhen as yet there were no Chriſtian Emperors. For Paulus Samoſatenus was condemned as an heretick, and being a Byſhop was caſt from his dignitie. But becauſe he would not goe out of the houſe which belonged to the biſhop, there was ſute made vntounto Aurelianus the Emperour, and ayde obtayned at his handes, who compelled him to deliuer his houſe vntounto the newe Byſhop. Who can ſay that the Church herein ſinned, becauſe it vſed y^e publick Magiſtrate, though he were an Infidel? But let vsus returne from whence we digreſſed, and let vsus conſtantlie beléeue that y^e Magiſtrate is of God, though oftentimes (our ſinnes deſeruing the ſame) many thinges are by him doone wickedly and vniuſtlie. Hoſe. 8. 4. How Tyrants may be ſaide not to raigne of God. Looke In Rom. …3.Howbeit Hoſea the Prophet ſeemeth yet to be againſt vsus whē he ſaith: They hauehave reigned but not by me. But we muſt vnderſtand that Hoſea entreated of tyrantes which neither regarded lawes, neither nouriſhed the good nor tooke away the euill frō among the people, and therefore they reigned not by God, but by their owne luſtes. They regarded their owne affections, and not the lawe of God. Further they inuaded kingdomes, being ſtirred vp by their owne luſtes, and driuen by their owne ambition: not as they which felt the calling of GOD vntounto a kingdome. Neither did they take authoritie vppon them, with a will to obay God, but to ſatiſfie their owne ambition. Ier. 27. 6.This was not to reigne by God. But that they were not promoted to the kingdome by the will of God, that is contrarie welneare to the whole ſcripture. For God called Nabuchad-nezar his ſeruant, becauſe he would vſe his labour to afflict the Iſraelites, whereas notwithſtanding, it might hauehave bin ſaid that he reigned not by God, becauſe he fought againſt the Iewes for his owne pleaſure ſake, and not of a zeale to fulfill the will of God. So that the ſaying of Oſea the Prophet is nothing againſt vsus, but that we may beléeue that the Magiſtrate is of God, and that we ought to obay him. Paul ſaith, Let euerie ſoule be ſubiect to the higher powers. Rom. 13. 1.The ſame is written to Titus. Tit. 3. 1. 1. Pet. 2. 13. 1. Tim. 2. 2.And in the firſt Epiſtle of Peter the 2. Chapter. And Paul to Timothie addeth, That we ſhould praie for them. But the Papiſtes and they which will be called Eccleſiaſticall men, will not giuegive eare hereunto: That the miniſters of the Church are not exempted from the ordinarie power. Rom. 13. 1. Ib. ver. 2. Looke the 3. Chapter of this booke. Act. 6. Chryſoſt.For they cry, that they are exempted from publike and ordinarie powers, whereas yet the Apoſtle vſed no exception, when he ſaid, Let eueryevery ſoule be ſubiect to the higher powers: Againe, He which reſiſteth the power, reſiſteth the ordinance of God. Yea and Chyſoſtome alſo vppon that place, ſaith, that the Apoſtles, Prophets, Euangeliſtes, and Moonkes are comprehended vnderunder that Lawe. And Chryſoſtome wrote theſe thinges of Eccleſiaſticall perſons: whenas neuertheleſſe he himſelfe was Byſhop of Conſtantinople, and we had then Chriſtian Emperours.

7 But it is a worlde to heare the arguments which theſe falſe eccleſiaſtical mē vſe. In the Extrauagants De Maioritate & Obedientia, in the Chapter Vnam Sanctam, Bonifacius the eight whom they write to hauehave entred in as a Fox, raigned like a Lyon, and dyed like a dog, ſaith y^t there be two ſwordes in the Church. And leaſt he ſhould ſéeme to ſpeake it raſhlie, he citeth theſe wordes out of the 22. Verſe. 35.Chapter of Luke: When I ſent you without bagge or ſcrippe, did ye at anie time want anie thing? They ſaide vntounto him, No. Chriſt added: But now I ſaie vntounto you, let euerie man take his ſcrippe and wallet, and he which hath none let him ſell his coate, and buye a ſworde. They ſaide vntounto him, behold heere are two ſwordes. Chriſt anſwered, it is ſufficient. The trifeling which the falſe eccleſiaſticall men make about their double ſword. Looke before pl. 3. Art. 6.Boniface ſaith: Two ſwordes are ſufficient for the Church: namelie, the ſpirituall ſword, and the temporall. Wherefore they which ſaie that Peter had not an outward ſword, doe ſéeme not to vnderſtand the wordes of Chriſt, wherein he ſaide vntounto Peter: Put vp thy ſworde into thy ſheath. Thy ſword (ſaith he) and not an other mans. For he had a ſworde of his owne, although he were bidden to put it vp. But there muſt néedes bée ſome order kept in theſe ſwords: ſéeing what powers ſo euer bee, they bee ordained by God. And there would be a great confuſion, if, two ſwords being in y^e Church, the one ſhould not be gouerned by the other. So then the Temporall ſworde ought to bée gouerned by the ſpirituall. And to make this Argument more plaine: The Church (ſaith he) hath two ſwordes, but it vſeth not them after one and the ſelfeſame manner. For it exerciſeth the ſpirituall ſworde, but the temporall ſworde ought to be drawen onelie at the becke & ſufferance of the Church. This is ſo obſcure, that it may in a manner ſéeme to be a riddle. Howbeit this is his meaning, The Emperors ſword ſubiected to the Pope.that the ſworde of the Emperour ought to be drawen onelie at the will and pleaſure of the Pope: That when he commandeth, he muſt ſtrike: and by ſufferance, that is, he muſt goe foreward in ſtriking, ſo long as he liſteth and will ſuffer it. Theſe things therefore muſt be in order: and the order is, that the temporall ſworde be reduced vntounto God by the ſpirituall. For as ſaith that Dionyſius, The ſuppoſed Dionyſius Areopagita.(who is thought to be the Areopagite, wheras he is another) All inferiour things are referred to the chéefeſt, but yet by a meane. Wherefore (ſaith he) the temporall ſworde muſt be drawen at the Popes becke, that ſo it may be referred vntounto God. Thus we ſée it to be doone at this day: For ſo often as the moſt holie father doth hold vp his finger to make war againſt y^e Lutherans, he wil hauehave the Emperor foorthwith to obay. And if any prince will not with competent ſubmiſſion obay him, ſtraight way, legates are ſent vp & downe, that all other Kinges and Princes ſhould bend themſelues to his becke, and to vex and withſtande him that will not obaie him.

8 Boniface addeth moreouer, The Pope preferreth himſelfe aboue all Kings and Princes,that he himſelfe is aboue all Kings and Princes. For principallitie is to be eſtéemed according to the dignitie of the things which be exerciſed by it. We (ſaith he) exerciſe ſpiritual things, and they temporall: their ſword therefore is inferior to ours, and they vntounto vsus. He addeth alſo an other reaſon: They pay vntounto vsus tenthes, but tenthes are paide by the inferior vntounto the ſuperior: wherefore ſéeing kings and Princes pay tenthes, they teſtifie that their lands and reuenewes belong to the Church, and that they are ſubiect vntounto it. Beſides this, he which bleſſeth, is greater thā he which is bleſſed: but Byſhops conſecrate & annoint Kings. The Gloſſe addeth, that of Kings, onelyonly the right ſhoulder is annointed, but Byſhops hauehave their heads annointed. Kings are annointed with Oyle, but Byſhops with Chreſme: So then wée muſt néedes confeſſe that Kings are inferiour to Byſhops. Furthermore Kings receiue their crowne and ſcepter of Byſhops. For who (ſaith he) inueſted Saul, 1. Sam. 10. 1. 1. Sam. 16. 1. 2. kings. 9. 1. Reaſons why the Pope will not be iudged or gouerned of any man. Mat. 16. 19 Ier. 1. 10.and who Dauid, but Samuel? Who annointed Iehu, but a Prophet ſent by Helizeus? The thing alſo which is exerciſed by Byſhops is greater, than that whereabout Kings are occupied. For Chriſt ſaide vntounto Peter: Whatſoeuer thou ſhalt binde in earth, ſhalbe bound in heauen. This power is greater than all humane power. And God ſaide vntounto Ieremie: I will ſet thee ouer nations and kingdomes, that thou maiſt roote out & deſtroy, ſcatter and plant, therefore wee are greater than all the power of Kings, and are exempted from their Lawe: So that the prophane and lay powers of Emperours and Kings muſt bee iudged by Eccleſiaſticall perſons, and ought by vsus to be appointed, and may by vsus be ouerthrowen. For vntounto whom it belongeth to builde, to the ſame it pertaineth to deſtroie: Therefore the ſpirituall Magiſtrate ought to iudge of the Ciuill Magiſtrate. But if the ſpirituall offend in any thing, of whom ought he to be iudged? The leſſer (ſaith he) ought to be iudged of the greater. Then of whom ſhall the Pope which is the higheſt of all be iudged? Of no man (ſaith he) except God onelie: becauſe he that is ſpirituall, 1. Cor. 2. 15is iudged of no man, but he iudgeth all things. Hath he not trimlie erected his tyrannie? He calleth onlie himſelfe ſpirituall. The Gloſſer although he were otherwiſe groſſe ynough, yet could he not be ſo much a blocke, but that he ſawe theſe things to be ſpoken verie abſurdlie. Howe (ſaith he) is the Pope ſpirituall, if he be vnpure and wicked? He expoundeth himſelfe by this diſtinction: Two maner of the ſpiritualties of the Canoniſts.There is (ſaith he) one manner of ſpiritualtie of the perſon, and an other of the ſtate: Then, if there be ſome ſpirituall perſon, he maie reprooue all men by a brotherlie admonition, but hée ought to be reprehended of no man: for that he being ſpirituall cōmitteth nothing amiſſe. But otherwhile ſome perſon which is not ſpirituall in life and manners, ought neuertheleſſe to be called ſpirituall becauſe of his degrée: as are manie Biſhops and Popes. Wherefore we muſt call the biſhop of Rome, whatſoeuer he be, ſpirituall and moſt holie. Howbeit, what elſe is this, but to teache vsus to lie, and that if they will hauehave a ſhamefull harlot, yet they muſt be called moſt holie? Boniface at the laſt concludeth that all emperours and Kinges muſt be ſubiect to his power onelie. And he addeth a reaſon: vnleſſe wee will together with the Manichees appoint two beginnings. Which ought not to be doone: Gen. 1. 1.for Moſes ſayde not, In y^e beginnings, but in y^e beginning God created heauē & earth: wherefore (ſaith he) we define, determine, & pronoūce, The Pope dec…eth that he muſt be obei… of neceſſitie to ſaluation.y^t all men ought of the neceſſitie of ſaluation, to obay y^e Pope, as the chéefeſt power. And thus (trimlie forſooth) he concludeth that all eccleſiaſticall perſons are exempt from the ciuill Magiſtrate.

9 Before I come to confute this boaſting more than Thraſonicall, I thinke it expedient to ſpeake of two manner of powers: namelie, of the Eccleſiaſticall power and Ciuill power. Of the two powers, Ciuill and Eccleſiaſticall.In that it is ſaide that the eccleſiaſticall power is preferred, aboue all Ciuill function, it is ſomewhat that they ſay, ſo it be rightlie and aptlie vnderſtood. All Eccleſiaſticall power is eſtabliſhed by the word of God, ſo as without it, it is none at all. But the word of GOD is a common rule, whereby all thinges ought to be directed and tempered. For it teacheth in what manner the outward ſword & publike wealth ought to be gouerned: And generally alſo it ſheweth how all things ought to be doone of all men. Ambroſe inſtructed TheodoſiusSo Ambroſe when as Theodoſius the Emperour raged too cruellie & without all conſideration againſt y^e Theſſalonians, perſwaded him, y^t in all puniſhment of death, there ſhould be xxx. dayes ſpace after the ſentence giuen, leaſt the Magiſtrate ſhoud doe thoſe thinges in a rage and furie, whereof although he afterward repented him, yet they might not be any more remedied. So, The preaching of the word of God hath al men ſubiect to it.many Byſhops oftentimes in thinges moſt weightie, vſed their authoritie, and manie times either put away cruell warres, or elſe pacified them, and euen while warres were in hand preached Sermons out of the word of God. So that the Eccleſiaſticall power after this manner comprehendeth all thinges, becauſe out of the word of God it findeth how to giuegive counſell in all thinges. For there is nothing in the whole world whereunto the word of God extendeth not it ſelfe. Wherefore they are farre deceiued, which vſe to cry, what hath a preacher to doe with the publike weale? What hath he to doe with warres? what with Pothecaries? What with Cookes? But let thē tell me: when the Miniſter of the word perceiueth the lawe of GOD to be violated in theſe thinges, why ſhould he not reprehend them by the word of God? Why ſhould he not admoniſh them? Why ſhould he not exhort them to ceaſe from ſinne? The Miniſter of the Church muſt deale by the word not by the ſword.Doubtleſſe it is his part to correct ſinners, not in déede with the ſword or puniſhing by the purſe, not by impriſonment, not by baniſhment, but after his owne manner, that is, by the might and power of the word of God. Againe, How the Ciuil power extendeththe Politicall power is extended to all things which pertaine to political power. But after what manner? Shall ciuill power require good motions of y^e minde and inward repentance? It cannot cauſe theſe things: yet it muſt wiſhe they were had, and vſe thoſe meanes whereby they may be had. For it ought to hauehave a care that Byſhops, paſtors, and teachers in the Church, doe teach purelie, reprehend fatherlie, and by the word of GOD adminiſter the Sacramentes. This in déede the Magiſtrate dooth not by himſelfe, but he ought to hauehave a regard that thoſe may be in a readineſſe which ſhould doe them well. Wherefore either power extendeth moſt amply, and comprehendeth all thinges, but not after one and the ſelfe ſame manner. And the rule of either of them is to be taken out of the word of God, the which dooth plainelie appeare to be in the Church.

Two kinds of ſubiectiō.10 Againe, there are two ſubiections, one is politicall and ciuill, whereunto all men are ſubiect: who if they offend in any thing againſt the lawes, do looke at the iuſt Magiſtrates hand for impriſonment, puniſhment by the purſe, baniſhment, death, & externall puniſhment: neuertheleſſe if they doe well, honours, rewardes, dignities, and prayſe. In this ſort the ciuill power is not ſubiect vntounto the Miniſterie of the word, becauſe it cannot in this manner be puniſhed. The other ſubiection is ſpirituall, that is, of faith and of obedience. For ſtraightway, as ſoone as men heare of their duetie out of y^e word of God, and that either this thing or that is to be doone, or this or that to be auoided, they giuegive place, beléeue and obay, becauſe they perceiue that it is the word of God which is ſpoken. And theſe are the endes of either power. The ſaying of Valentinian Ceſar.And ſo muſt be vnderſtood that ſaying of Valentinian the Emperor, out of the Tripartite hiſtorie: which we alſo hauehave in the diſtinction 63. the Chapter Valentinianus. Chuſe (ſaith he) ſuch a Byſhop vntounto whom we which gouerne the Empire, may ſincerelie put vnderunder our neckes, and vſe his admonitions as it were medicines, &c. By which wordes is vnderſtood that it belongeth to the Eccleſiaſticall power, to admoniſh out of the word of God for ſaluation. Albeit the ſame Emperor or afterward erred: The error of the ſaide Valentiniā.For when he had appointed Ambroſe Pretor of the Citie of Millaine, the people did chooſe him to be Byſhop: which when the Emperor knew, he gaue thankes vntounto God after this manner: I had appointed him ruler ouer the bodies of men, but thou wouldeſt hauehave him ruler ouer the ſoules &c. Valentinian did not rightlie put a difference betwéene offices: Byſhops ought to hauehave a care, not of the ſoule onelyonly nor of the bodie oneliewhy ſo? Ought Byſhops to hauehave a care onelie ouer ſoules, and not ouer bodies alſo? What if they giuegive themſelues vntounto Gluttonie or drunckenneſſe, or liue licentiouſlie touching outward behauiour? Muſt they not reprooue theſe things? Yes truelie muſt they, neither muſt Princes hauehave onelie a care ouer the bodies of men, and neglect their ſoules. For we doe not imagine that a Prince is a Neteheard or Swineheard, to whom is committed a care onelie of the fleſh, bellie, and ſkinne of his ſubiectes, yea rather he muſt prouide that they may liue vertuouſlie and godlie. But what if Chriſtian princes, when they are by the word of God admoniſhed of publike and moſt grieuous ſinnes, will not heare, neither amend that which they hauehave naughtilie committed? What I ſay ſhall the Byſhop do in this caſe? Ambroſe excommunicated Theodoſius the Emperour, when he exerciſed ſo grieuous tyrannie againſt the Theſſalonians. Innocentius alſo excommunicated Archadius, whē he had exiled Iohn Chryſoſtome, which fréelie and truelie admoniſhed him, as we hauehave it in the diſtinct. 96. Chapt. Duo ſunt, and in the diſtinct. 18. in the Chapt. Quoniam quidem. And they be the words of the 6. Synode, where it is decréed that euerie yéere there ſhould be had two Synodes. And if that princes would hinder them, let them be excommunicated.

11. But what doe I make mention of theſe latter thinges? EuſebiusLet vsus reade Euſebius in the 6. booke, the 34. Chapter: where he ſaith that Philip the Emperour, who liued in the time of Origen was the firſt Chriſtian prince, and that he would hauehave bin preſent together with the faithfull on Eaſter Euen, & hauehave communicated with them in prayers: but y^e biſhop, becauſe he was a wicked and naughtie liuer, reiected him among them y^t were put to penance, that he ſhould make open confeſſion before the Church and confeſſe his ſinnes, otherwiſe he could by no meanes be admitted vntounto the Communion. This did the Byſhop of that time againſt the Emperour, and chiefe Monarch of the whole world. Wherefore, the ciuill power ought to be ſubiect to the word of God which is preached by the Miniſters. But in lyke manner the Eccleſiaſticall power is ſubiect vntounto the ciuill, when the Miniſters behaue themſelues ill, either in things humane, or things Eccleſiaſticall. For theſe powers are after a ſort interchangeable, and ſundrie wayes are occupied about the ſelfeſame things, and mutuallie helpe one another, euen as Ariſtotle vntounto Theodectes calleth Rhetoricke and Logick interchangeable artes, Ariſtotle.becauſe either of them are occupied in the ſelfeſame thinges, after a ſundrie manner. The Eccleſiaſticall power, is ſubiect vntounto the Magiſtrate, not by a ſpirituall ſubiection but by a politicke. For as touching the Sacramentes and Sermons, it is not ſubiect vntounto it, becauſe the Magiſtrate may not alter the word of God, or the Sacramentes which the Miniſter vſeth. Neither can he compel the Paſtors and teachers of the Church to teach otherwiſe, or in any other ſort to adminiſter the Sacraments, than is preſcribed by the word of God. Howbeit Miniſters, in that they be men and Citizens, are without all doubt ſubiect together with their landes, riches, and poſſeſſions vntounto the Magiſtrate. So Chriſt payed tribute, Mat. 17. 27ſo alſo did the Apoſtles and the whole primatiue Church there being moſt holy men. Their manners alſo are ſubiect vntounto the Cenſures and iudgements of the Magiſtrates.

12 We ſay moreouer that Miniſters are ſubiect vntounto the Magiſtrate, not onelie as touching thoſe things which I hauehave rehearſed, but alſo (as I before ſignified) concerning their function. Becauſe, if they teach not right, neither adminiſter the Sacramentes orderly, it is the office of the Magiſtrate to compell them to an order, and to ſée that they teach not corruptlie, and that they mingle not fables, nor yet abuſe the Sacramentes, or deliuer them otherwiſe than the Lord hath commaunded. Princes may put the miniſters out of their places, if they behaue not themſelues well. Verſe. 26.Alſo if they liue naughtilie and wickedlie, they ſhall put them foorth of the holy Miniſterie. This did Salomon, who depoſed Abiathar, and put Sadock in his place, as it is written in the firſt booke of kings the 2. Chapter: And in the new Teſtament. Iuſtinian diſplaced Siluerius and Vigilius. And this I doubt not, but was doone ſometime by other princes. But how iuſtlie, I will not preſentlie declare. This one thing I will ſay, that it was lawfull in the cauſes now alleaged. But ſome man wil ſay that I ſpeake now of the fact and not of the right: yea but I ſpeake alſo of the right. For the king ought to hauehave with him the lawe of God written becauſe he is ordained a kéeper, not onelie of the firſt table, but alſo of the latter. So then he which offendeth in any of them both, ranne in daunger of his power. But although a king may remoue an vnprofitable and hurtfull Byſhop, yet cannot a Byſhop (on the other ſide) depoſe a king if he hauehave offended. Matt. 14. 4. Prelates of the Church hauehave no authoritie to depoſe Kings and Princes. Luk. 13. 32.Iohn in déede reprooued Herod, but he diſplaced him not of his kingdome. Ambroſe and Innocentius excommunicated Emperours, but they procéeded no further. Yea and Chriſt called Herod a Woolfe, but he tooke not away his kingdome from him, and he payed tribute vntounto Tiberius a moſt wicked prince. Mat. 17. 27Neither was he at any time author to any man to ſhake off his yoke. Wherefore let Popes take héede: by what right they remooue at their owne pleaſure kings and Emperours out of their places. This did neither anie of the Prophets, nor the Apoſtles, nor yet Chriſt. The popes boaſt that they hauehave great power: but if the ſame be anie it conſiſteth wholie in the word of God. Let them teach, preach, and admoniſh, if they will exerciſe their power, otherwiſe the ciuill and temporall power, which they ſo much boaſt of is farre from the Eccleſiaſticall Miniſters. Brieflie, as there is found no king nor Emperour ſo great that is not ſubiect to the word of God, which is preached by the Miniſters: ſo on the other ſide is there no Byſhop, which hauing offended, but ought to be reprooued by the ciuill Magiſtrate. What difference ſoeuer there be, the ſame (as I hauehave ſaid) is wholie as touching the manner of reproouing. This the Miniſters of the Church doe by the word, and Princes by outward puniſhmentes. But our falſe Eccleſiaſtickes wil be princes and reigne, and yet Chriſt would be no king. And when he was ſought for to the end he ſhould be made a king, he vtterlie refuſed it, Iohn. 6. 15.yea rather he plainlie confeſſed, that his kingdome is not of this world. Ioh. 18. 36.He ſaid alſo vntounto the Apoſtles: Mat. 20 25.Princes of the nations doe beare rule ouer them, but ye ſhall not ſo doe. Peter alſo whoſe ſucceſſors theſe men profeſſe themſelues to be, 1. Pet. 5. ver. 3.warneth Miniſters that they ſhould not exerciſe dominion ouer the Cleargie: But theſe men will hauehave priſons, ſouldiers, and ſwordes, and ſtirre vp warres as they liſt themſelues.

13 Perhaps they will obiect vntounto vsus the Aſſamonites out of the olde Teſtament, Of the Aſſamonites or Machabées.who for a certaintie were both kings and Prieſts, and confounded both the powers. That Hiſtorie indéede is written in the bookes of the Machabites. Machab.But we muſt ſée whether they did it rightlie or elſe wickedlie and ambiciouſly. Doubtleſſe I thinke they did it not orderly: for God by his word, had many times adiudged the Kingdome to be giuen vntounto the Tribe of Iuda, euen vntounto the time of Meſſias. Gen. 44. 10 Pſal. 89 39 Numb. 18. 20.And contrarilie he commaunded the Leuites that they ſhould poſſeſſe no landes, and much leſſe to occupie a kingdome among their brethren. But if a man had rather ſay, that they did this by a certaine ſecret reuelation and hidden iudgement of God, he ſhal not further the cauſe of theſe men; ſéeing that which is doone after this manner muſt not be drawen to an example: For I thinke rather that they offende in ſo doing. Certainlie they did wel, when they deliuered their country from tyrannie: but that being performed, they ought not to hauehave taken the kingdome vponupon them: and God declared plainely that the ſame Act of theirs diſpleaſed him. For as we gather out of Ioſephus, that houſe afterward was neuer voyde of troubles. They further obiect vntounto vsus, Acts. 5. ver. 5. & 9. Acts. 13. 11that Peter ſlue Ananias and Saphira, and that Paule ſtrake Elimas the ſorcerer with blindneſſe. This is true in déede, but they did theſe things by the word of God, By what inſtrumēts the Apoſtles vſed ſometime outward puniſhmētsnot by violence, not by the ſworde, neither by helpe of an executioner. Let theſe men doe the ſame things by the worde, and we will regard them. Why doe they not heare Paul vntounto Timothie: 2. Tim. 2. 4.Let no man going on Gods warfare, wrap himſelfe in cares of this life? If they will goe on warfare for God, why doe they in ſuch ſort hinder themſelues with worldly buſineſſe? HaueHave they ſo much leaſure from their owne affaires as they can hauehave a care ouer other mens? Let them anſwere plainely: woulde they at this day abide that any king ſhould attempt to teache the Goſpell or adminiſter the Sacramentes? They would not ſuffer it. Neither did God himſelfe alſo ſuffer it. 2 Par. 26. ver. 16.But he ſtrake Ozeas with Leproſie when he woulde hauehave burnt incenſe vntounto God. Why then doe they inuade the boundes of other men? Theſe functions ought to be ſeparated, Why theſe functions ought to be ſeuerall.becauſe either of them requireth a whole man apart by himſelfe: yea rather there hath ſcarcely bin found any one man, at any time, which coulde rightly execute either of them, ſo hard is the executiō of them both. Howbeit both of them doe one helpe another: for the politick Prince giueth iudgement: and y^e Eccleſiaſticall in déede doth not giuegive iudgement, but he teacheth how iudgement ought to be giuen. HaueHave not reſpect (ſaieth he) of perſons in iudgement. Deut. 1. 16.Afflict not the poore and ſtraunger, receiue no bribes, and ſo forth. So on the other ſide, the ciuill Magiſtrate preacheth not, neither adminiſtreth the ſacraments. But vnleſſe theſe things be rightly ordered, In the ciuill Magiſtrate and Miniſter of the Church is to be conſidered both the perſon & the office.he ought to puniſh the Miniſters. And to be briefe, there are two things to bee conſidered of vsus in this compariſon. In the Ciuill Magiſtrate is to bee conſidered both the power and alſo the man which beareth & exerciſeth the power. He in reſpect y^t he is a Chriſtian man is ſubiect to the word of God: and in reſpect that he beareth authoritie and gouerneth, hée ought alſo to be ſubiect vntounto the ſame worde of God; ſéeing out of the ſame he ought to ſéeke rules to gouerne and beare rule. In the Miniſter of the Church alſo is to be conſidered both the miniſterie it ſelfe, & alſo the perſon which executeth it. As touching the perſon, y^e miniſter is ſubiect vntounto y^e Ciuil power. For both he is a Citizen, and he alſo payeth tribute as other men doe, & is vnderunder the correction of manners. But as concerning the Miniſterie, he is alſo ſubiect ſome waie vntounto the Magiſtrate. For if either he teach or adminiſter the ſacraments againſt the word of God, he muſt be reprehended by y^e Ciuil Magiſtrate. And yet muſt he not ſeeke for rules & reaſons of his function at the ſame Magiſtrates hand, but out of the word of God. By this diſtinctiō we may eaſily vnderſtand the differences and agréement of either power.

14 Nowe reſteth that we come to that Thraſo Boniface, to confute his Arguments. To the arguments of Boniface.Firſt out of that ſaying which the Apoſtles anſwered, Behold here are two ſwordes, and Chriſt added, It is ſufficient: he gathereth that the Church hath two powers and both of them committed vntounto him. To this I anſwere, that it is poſſible, y^t ſometimes there may be two ſwordes in the Church, but they hauehave not alwayes bin therein, neither perhaps ſhall euer hereafter be. What outward ſword had the Church in the time of Chriſt and of the Apoſtles and Martyrs? But yet now (they will ſay) it hath: I graunt, becauſe Kings and Emperours are Chriſtians which in olde time were Ethnickes. The Church alſo hath huſbandrie, trade of marchandize, the art of building, and other ſuch like. For they which exerciſe theſe things, are members of the Church: but that commeth to paſſe as the Schoolemen ſpeake accidentally: ſith there may be a Church though it had none of theſe things. Howe the Church may be ſaid to hauehave two ſwordsSo now becauſe there are princes in the Church, it is ſaide to hauehave an outward ſword. But becauſe princes in our time are a part of the Church, it doeth not therefore follow that the ſword of Princes is the ſword of Miniſters: euen as although there be in the Church huſbandrie and the trade of marchandize, and alſo the Art of building, it cannot thereby be gathered, that Miniſters are huſbandmen, marchants, and Carpenters.

15 Now come I to the place of the Euangeliſtes: The Apoſtles ſaie, Luk. 22. 35.that they wanted nothing when they were ſent without wallet and ſcrippe: vntounto whom Chriſt ſaid: Let euerie one take vntounto him his ſcrippe and wallet, and he which hath none, let him ſell his coate and buy a ſworde. What would Chriſt ſignifie by theſe words? Nothing elſe trulie but to ſhew that the ſtate and condition of times afterward, ſhould be farre otherwiſe, than it had béene before. Hitherto ſaith he (while I was with you,) ye felt no gréefe, neither wanted you any thing. But now harder times are at hand, now ſhall ye hauehave néede of coates, ſcrippes and ſwordes. By theſe wordes he declared that he ſhoulde depart from them, and that he woulde ſend them into the whole worlde to teache and preache the Goſpell in which Miniſtery, they ſhould méete with ſo manie aduerſities, that they ſhould thinke themſelues to hauehave néede of ſwordes. It is a figuratiue ſpéech, whereby is vnderſtoode one thing by an other, as is that in Geneſis when the Lorde ſaid, Gen. 6. 6.that he repented that he had made man. For God is not in verie deede touched with repentance, but he doth that, which men repenting hauehave vſed to doe: that is, he changeth the fact. And in verie déede he then by the floud deſtroyed mankind which he had created. So now he inſtructed not his Diſciples to fight with the ſworde, but onelie by a certaine circumlocution deſcribeth the condition of the time to come. And euen as a long robe oftētimes ſignifieth tranquillitie and peace, ſo in this place a ſword noteth troubleſome and vnquiet times. Chryſoſt.After this maner Chryſoſtome interpreteth theſe wordes when he expoundeth this place of Paul, Rom. 16. 3.Salute Priſca and Aquila. The Lorde (ſaith he) hath not broken the lawe, which before he made, ſaying: Matt. 5. 39.And hee which ſtriketh thee on the one cheeke, turne vntounto him the other. Bleſſe thoſe that curſe you: pray for them that perſecute you. How then doth he commaunde his diſciples to buy themſelues ſwordes? He ment no ſuch thing (ſaith Chryſoſtome:) For it is a figuratiue kinde of ſpéeche, whereby he ſignified, that he ſhould be taken away from them, and that they ſhould be afflicted with manie calamities. Theſe words are not ſo to be taken as they appeare at the firſt ſight. In an other place, Mat. 10. 27.Chriſt alſo ſaith: That which ye hauehave heard in the eare, preache vppon the houſe toppes. And yet we neuer reade, that the Apoſtles ſtoode vponupon the houſe tops when they preached vntounto the people: Neither in verie déede had it béene decent, that leauing the appointed place and the Temple, they ſhould hauehave ſpoken from the houſe top. The ſenſe was, y^t thoſe things which they heard priuately, they ſhould ſpeake openly and manifeſtlie. The Lorde alſo ſaid: Deſtroy this temple, Iohn. 2. 19.and in three dayes I will reſtore it: Which alſo is ſpoken figuratiuelie: For he commaunded not to ouerthrow the Temple of Salomon (as the Euangeliſt himſelfe interpreteth, but he vnderſtoode that which he ſpake as touching the temple of his owne bodie, Col. 2. 9.wherein (as Paule ſaide) dwelled all the godhead bodilie. But to returne to the matter: That Luke ſo meant, Chryſoſtome prooueth by theſe thinges which followe: to wit, that it might be fulfilled of the ſonne of man which was ſpoken of him: Mar. 15. 28 Eſa. 32. 12.And he was counted with the wicked. But the Apoſtles vnderſtoode not Chriſt: for he thought that they had treated ſimply, and ſpoken (as the wordes ſounded) of an outwarde ſworde: And ſo did Boniface wholie interprete the ſame. And in that Chriſt addeth: It is ynough, he vnderſtoode that two ſwordes are ſufficient in the Church, ſo as there ought none to be neither more nor feawer. But Chryſoſtome vnderſtandeth it far otherwiſe. For when Chriſt perceaued that the Apoſtles vnderſtoode him not, he by that anſwere declared that he woulde let that matter paſſe. And indéede ſo is a Schoolemaiſter woont to ſay vntounto a Childe, which yet vnderſtandeth not that which is taught him: It is well. Otherwiſe vndoubtedlie two ſwordes were not ſufficient againſt all the aduerſaries of Chriſt. Moreouer there ſhould hauehave néeded Corſelets and ſhieldes. Chryſoſtome therefore concludeth that the ſpéeche was figuratiue and ſpoken in a parable. In the Apoſtles time the Church had not two ſwords.Furthermore if the expoſition of Boniface be receaued, we muſt thinke, that the Church in the time of the Apoſtles, ſhoulde hauehave had two ſwords, which is moſt farre from the truth.

16 Howbeit let vsus come to that which Chriſt ſaid vntounto Peter, Mat. 26. 52.Put vp thy ſword into thy ſheath. Boniface.Thy ſword (ſaith Boniface) not an other mans ſword. Now what gathereth he by theſe wordes? Although Peter hauehave his ſworde, yet if he be commaunded to put it vp, how can he hauehave it drawen: or to what end hath he a ſworde, if he may not vſe it? But perhaps Boniface will anſwere: I hauehave néeded a ſworde, but I vſe it not, otherwiſe than by the hande of an other. Or, I vſe not mine owne ſworde, but the ſword of the Emperour and of other Princes. For they ought to drawe the ſworde at the aſſignement and ſufferance of the Church. I would gladlie demaunde, whether Chriſt, when he bad Peter to put vp his ſworde, meant this, that he ſhould indéede vſe it, as he liſted and would him ſelfe, but yet by the labour of an other man. That which man doth by an other, he is ſaide to doe it himſelfe.Aſſuredlie that which a man doth by an other, he ſéemeth to doe it himſelfe. If a man, by monie or giftes, get one to kill his enimie, although he do it not with his owne hande, yet neuertheleſſe he ſhould be a murtherer: otherwiſe Princes do not with their owne hande kill the guiltie, but commaunde the hangmā to do the execution. A deceit of Acquiuocation.There is in this aunſwere of Boniface a deceit of Equiuocation. For we demaunde whether an Eccleſiaſticall Miniſter may beare the office of a Magiſtrate, and vſe a ciuill ſworde: and they remit vsus to the ſworde of Peter, a man otherwiſe priuate. But Bernard in his 4. booke de Conſid. vntounto Eugenius, ſéemeth thus to interprete the two ſwords. I graunt that Bernard hath ſome ſuch like things, but yet not the ſame altogether. Howbeit wée muſt remember in what time Bernard liued, Bernard.he liued at that time when things were corrupted in the Church. And if a man reade thoſe his bookes de Conſideratione, he ſhall ſée that hee grieuouſlie complaineth of the corruption of his times. Eugenius was by the Romanes excluded the Citie, and perhaps he deuiſed howe to reſtore himſelfe. Wherefore Bernard exhorted him to preache the Goſpell, that he would deale againſt the Romans, rather with the word & with ſermons than by the ſword. Eugenius ſaide: What meaneſt thou? Wouldeſt thou hauehave mée to féede Serpents and Dragons, and Beaſtes? Yea (ſaith Bernard) aſſayle them, howbeit with the worde, not with the ſword. And in an other place hee ſaith: If thou wilt hauehave both ſwordes, thou ſhalt loſe both. Neither are we to thinke, that Eugenius would by himſelfe hauehave fought: but peraduenture hée aſſayed to mooue war by others: from which purpoſe Bernard diſſwaded him. And thus much of him.

17 But that which Boniface added, that thoſe ſwords of the Church ought to be ordered (namelie that the one ſhould be ſubiect to the other, which he prooueth by this ſaying of Paul: Rom. 13. 2.Thoſe powers which be ordained, be ordained of God) manifeſtlie teſtifieth how he wreſteth y^e ſcriptures. For this word ordinatae y^t is, ordred, is in Gréeke written foreign, which is nothing elſe than inſtituted or appointed. Notwithſtanding, put the caſe it be ſo as Boniface hath expounded it, what maner of order I beſéeche you ſhall this be? Certainlie ſuch as the miniſter ſhould teach, and that the ciuill power ſhould heare & beléeue. But this toucheth not the Pope, which teacheth not at all. The loweſt things (ſaith Dionyſius) are by meanes reduced to the higheſt. Wherefore Boniface concludeth, that the externall ſword is brought vntounto GOD by the ſpirituall ſworde. In verie déede I will eaſilie graunt, that the ſworde of the ſpirit which is the worde of God, is the meane whereby the other ſword, namelie, the externall ought to be tempered and directed vntounto God. The Pope vſeth not the ſword of the word.But why doeth not the Pope retaine this meane? Why vſeth he not the woorde? Why teacheth he not? Why preacheth hée not? Princes which goe aſtraie, are not by him reduced into the right waie: nay rather on the contrarie part, the Pope and Byſhops of the Church are ſometimes rebuked, and iuſtlie reprooued of Princes. Exod. 32. 2. It is y^e part of Princes ſometime to admoniſh and correct Eccleſiaſticall men. Deut. 33. 5Doubtleſſe Aaron being high Prieſt, fell grieuouſlie in making the golden calfe, and obeying the fooliſhnes of the people. Moſes blamed him grieuouſlie who as it appeareth, was a ciuil magiſtrate. For toward the end of Deuteronomie, he is called a king. And when the prieſts abuſed the monie which was offered for the reparations of the Temple, who remedied that but onelie Ioas the king? 2. Kings. 12 2. 1. Par. 23. 2. Par. 8. 14. 2. Par. 29. 5I will not ſpeake of Dauid and Salomon, and others which diſtinguiſhed the lots of the Prieſtes, and orders of the Leuites. And I will not nowe prooue theſe things by any more examples, ſéeing they are manifeſt enough by themſelues. Wherefore I graunt that the ciuill power may be corrected by the miniſters through preaching of the word of God. But the Pope vſeth not this kind of gouernment, but rather an incredible tyrannie. They boaſt moreouer, that they themſelues are greater in dignitie, for that they exerciſe ſpirituall and heauenlie things: whereas Princes are occupied onelie about earthlie and ciuill matters. Be it ſo: For we denie not but that miniſters are occupied, about things greater and more diuine than magiſtrates are. But doeth the Pope alone miniſter them? Nay rather, he neuer doeth it at all. Wherefore if the dignitie of the miniſterie depend of thoſe things, then will it followe, that many Byſhops and Prieſts doe in dignitie farre excell the Pope which neuer preacheth, and to fewe or none adminiſtreth the Sacraments.

18 Let vsus come to the Tythes, Of the Tenthes.by the payment of which Boniface laboureth to prooue, that all Princes are ſubiect vntounto him. This argument ſéemeth to hauehave ſome ſhewe, becauſe at the firſt appearance it agréeth, with the 7. Chapter of the Epiſtle to the Hebrews, Hebr. 7.where Paul prooueth the dignitie of Chriſt to be greater than the dignitie of the prieſthoode of the Leuites. For thus he gathereth: Abraham paide tenthes vntounto Melchiſedeck, at which time Leui was not yet, but was at that time in the loynes of Abraham, and ſo was tythed in him. And he which payeth Tythes vntounto an other, confeſſeth himſelfe by the ſame thing to be his inferiour. Chriſt was prieſt according to the order of Melchiſedeck. whereupon the Apoſtle concludeth that the Leuiticall prieſthood was much inferior vntounto the prieſthood of Chriſt. I hauehave opened the fountaine from whence Boniface deriued his Argument. The place is very darke and néedeth explication: And moreouer Boniface dooth not aptly apply it to his purpoſe. Firſt we muſt vnderſtand that Tythes in the olde time pertained vntounto Ceremonies, and that aſwell in Melchiſedeck, The prieſthoode aſwel of the Leuites as of Melchiſedeck repreſēted Chriſtas in the Leuites: Becauſe in either Prieſthood, they were referred vntounto Chriſt. And either Prieſthood was in very déede a figure of Chriſt. For euen as the Leuiticall prieſt entered once eueryevery yeare into the moſt holy place, Hebr. 9. 7. Hebr. 7. 3.and that neuer without bloud: So Chriſt by his owne bloud, entered once into the Tabernacle, that is into heauen. And againe: Melchiſedeck, for that he had neither Father nor Mother, reſembled Chriſt, who in reſpect y^t he is God had no mother, & in reſpect y^t he is man wanted a Father. But what ſignified the tenthes in either prieſthood? Truely they ſignified nothing elſe, but y^t it behooued the olde fathers to acknowledge y^t whatſoeuer they had, That of Melchiſedeck did more repreſent Chriſt than that of Leuie.came from Chriſt. By that ceremonie, y^e people woorſhipped Chriſt himſelfe. And if a man wil compare Melchiſedeck & the Prieſthood of Leui together, although both of them ſéeme to be a ſhadowe of Chriſt, yet ſhall he perceiue that he is more expreſlie and manifeſtlie ſignified by Melchiſedeck, Heb. 7. &c.as the Epiſtle to the Hebrewes teſtifieth. Boniface ſaith: We receiue the Tithes of all lay men. Ye take them in déede, but now that Chriſt is come, At this day the tenthes is no more a ceremonie but ſtipends.the paying of Tythes is no more a ceremonie, as it was before the comming of Chriſt, when by Tythes men woorſhipped Chriſt which was to come in the fleſhe, and confeſſed, that they ought vntounto him, both themſelues, and all that they had. After the very which manner they payed y^e firſt fruites of all y^t they had. Neuertheleſſe our men in theſe dayes receiue Tythes: but by what lawe? Truelie not by the ceremoniall lawe, but by a morall Lawe: ſince it is requiſite that the Miniſter ſhould be ſuſtained by the people: Mat. 10. 10For the labourer is worthie of his reward: And he which ſerueth the Goſpell ought to liue by it. So then, whether ſtipendes be paid vntounto Miniſters out of landes or out of houſes, either in readie mony or in Tythes, it maketh no matter, ſo that they be not maintained diſhoneſtly but honeſtlie. In déede theſe rewardes in ſome places doe retaine the olde manner of Tythes. Howbeit in many places they are not called Tythes, but ſtipendes or wages. And doubtleſſe they be rather rewardes which are due to the labours of Miniſters than Tythes.

19 And as concerning the Argument propounded, we muſt vnderſtand, Stipends are paid aſwell to ſuperiors as inferiors.that ſuch rewardes and ſtipendes are thinges indifferent: for they are ſometimes paide vntounto inferiours, and ſometimes to ſuperiours. For tributes, which are giuen vntounto kinges and princes, are their ſtipendes which we giuegive vntounto them, partlie to nouriſh and ſuſtaine them, and partelie to confeſſe that we are ſubiect vntounto them: and laſtly that they may hauehave wherewithall to defend both vsus and the Common weale. And ſometime inferiours alſo doe receaue ſtipendes. For princes pay them vntounto ſouldiers: and yet can we not therefore ſay, that the ſouldiers are greater than kinges and princes. Notwithſtanding I would not be thought, that I ſpeake theſe thinges to diminiſh the dignitie of the Eccleſiaſticall Miniſterie, but that it may be vnderſtood that theſe mens Argumentes are verie trifling. The church which payeth a ſtipend vntounto the miniſter is greater than he.Neither doubt I to affirme that the Church it ſelfe which payeth the ſtipend vntounto the Miniſter, is greater than the Miniſter. So that if we ſpeake of Tythes as they are at this day giuen vntounto Miniſters, it followeth not that they ſhould be greater which pay them. Why kings be conſecrated by Byſhops & in the ChurchBut in that kinges and Emperours are conſecrated and annointed of Byſhops, and in that they receaue the crowne and ſword of them, it nothing helpeth their cauſe. For if we ſpeake of the ciuill power, To Princes the power is giuen by God, not by Byſhops.that is not giuen by the Byſhop but by God. But this is there doone, to the intent that after the king or Emperour is choſen of God in ſuch manner as is agreable, prayers ſhould be made for him in the aſſemblie of the Church, that God may confirme and ſtrengthē his heart that he may increaſe godlineſſe in him, and powre into him the feare of his name, proſper his counſels, and ſo make happie his actions, that they may prooue profitable vntounto the Church and vntounto the publike weale. And the Byſhop, while theſe thinges are in doing, is the mouth of the Church, and goeth before it in expreſſing the prayer. And this annointing was deriued of an old ceremonie and cuſtome of the Iewes. And that the king receaueth not his power of the Byſhop, but of God, euen their owne decrées doe teſtifie. In the diſtinct. 96. in the Chapt. Si Imperator, Gelaſius ſaith, that the Emperour hath the priuiledges of his power at the hand of God. What dooth Boniface then arrogantlie callenge to himſelfe? Euen that which belongeth vntounto GOD onelie. For as Paul ſaith: Rom. 13. 2.All power is of God. In the Code, De Iure veteri enucleando, Lawe the firſt, Iuſtinian.Iuſtinian declareth that his power was giuen him by the Maieſtie of God. And the gloſſe in the Extrauagāts De maioritate & obedientia, in the Chapter Vnam ſanctam, towardes the end ſaith, that power is giuen vntounto kinges by GOD onelie: and that therefore they doe in deede receaue the crowne of the Byſhop and the ſword from the Altar.

Pope Boniface by his owne argument is inferior to Byſhop Hoſtienſis.20 But let vsus more néerelie examine the Argument of Boniface: I (ſaith he) giuegive power vntounto Emperors: Therefore I am greater than Emperors. Let this moſt bleſſed Thraſo aunſwere me: Who conſecrated him when he was choſen Pope? Truelie the biſhop Hoſtienſis: Let vsus therefore conclude that the biſhop Hoſtienſis, is greater than the Pope. And if that followe not, then is alſo the Argument of Boniface weake, becauſe, (as I hauehave ſhewed) it is layd vppon a rotten foundation. For it is not the byſhops that giuegive power vntounto kinges. Many Emperors hauehave not béene conſecrated by the Pope.Moreouer hauehave there not bin manie Emperors which were neuer conſecrated by byſhops, and yet notwithſtanding were Emperors no whit the leſſe? Neither were the old Gretian Emperors ſo annointed. It is therefore a new inuention. But what if I prooue that the cheefe byſhop was ſometime conſecrated by the ciuill Magiſtrate? Vndoubtedlie Moſes conſecrated Aaron though neuertheleſſe (as hath bin ſaid) Moſes was a ciuill prince. Exo. 40. 10So that Boniface laboreth in vaine about his conſecration, becauſe he gathereth nothing thereby. He boaſted moreouer of the kaies: We (ſaith he) hauehave y^e power of bynding and looſing. But the power of the kayes conſiſteth herein, Wherin the power of the keies conſiſteth.that ye ſhould preach the word of God truelie. For he which beléeueth the Goſpel, is loſed; and he which beléeueth not, is bound. But when ye neither preach nor teach, neither can ye binde nor loſe. And farther this ſubiection which we hauehave graū ted is ſpirituall: namelie of faith and of obedience: and not ciuill and with dominion. Afterward was Ieremie obiected, vntounto whom the Lord ſaid: Ier. 1. 10.I hauehave appointed thee ouer nations and kingdomes, &c. Firſt I demaund here what kinges Ieremie directed, or from whom he tooke away their Empire, and what new kinges he ordained? There can be none ſhewed. Therefore what doe theſe wordes ſignifie: I ſet thee ouer nations and kingdomes? Nothing elſe than that by the ſpirit of propheſie, and word of God, he ſhould foretell what kingdomes God would ouerthrowe becauſe of ſinne, and what new ones he would inſtitute. The Prophets be no efficient cauſe of the ouerthrowing of kingdomes.Why doe not the Popes ſo exerciſe their power? Let them ſet before kinges and princes of the earth the threatninges of God, and let them in this manner be ouer nations and kingdomes. Could Ieremie be called the cauſe of the ouerthrow of kingdomes? He was not properlie the efficient cauſe, but onelie a certaine occaſion. For when he had admoniſhed the king of Iuda, and he beléeued him not, the prophet by his preaching was ſome occaſion, that he ſhould be condemned & ouerthrowen. So Paul ſaith: 2. Cor. 2. 15To ſome we are a ſauour of life vntounto life, and to other the ſauour of death vntounto death. When as yet the Apoſtle properlie killed no man, but his preaching after a ſort brought death vntounto thoſe which would not beléeue. It is God therefore that pulleth downe and ouerthroweth, planteth, and ſcattereth: neither diſdayneth he ſometimes to call vsus his fellow woorkers.

21 Boniface goeth on: The laie power ought to be iudged by the Eccleſiaſticall. But by what kinde of iudgement? Verilie by this, that in the Church is ſet foorth the wrath of God againſt ſinners, and that they be admoniſhed & corrected by the holy ſcriptures. Neuertheleſſe that Byſhops may expell kinges and put them out of their kingdomes, where is that permitted? From whence hauehave they it? What charters will they bring for it? Againe that is moſt intollerable which he ſaith: namely that the Pope can be iudged of no man. The Pope ought to be iudged of the ChurchAnd yet Iohn the 23 was in the Councell of Conſtance depoſed, and not onelyonly by God, but alſo by men. Thus doe theſe men make and repeate Canons, and the ſame they allow and diſalow, as often as they thinke good. Yea and Emperours hauehave ſometimes thruſt out and put downe Popes as it is before ſaid. Gal. 1. 8.Paul to the Galathians ſaith, If an Angel from heauen preach any other Goſpell, let him be accurſed. If the Pope (which may be and in times paſt hath bin) obtrude wicked opinions, who ſhall pronounce him accurſed? Shall he in no wiſe be iudged of anie man? The Church (no doubt) ſhall giuegive ſentence vppon him, The Magiſtrate is the principall part of the Church.& the Magiſtrate, (for that he is the principal part of the Church) ſhall not onelie iudge together therewith, but ſhall alſo execute the ſentence. He may execute the ſentence of the Church againſt the Pope. He muſt ouerſée the Biſhops in their reuenewes.Further it belongeth to the Magiſtrate to prouide, that the goods of the Church be not giuen to the enemies of godlyneſſe. So as if Byſhops become enemies of the Church, a faithfull Magiſtrate ought not to ſuffer the goods of the Church to be waſted by them. The Canoniſtes hauehave this oftentimes in their mouth, that for the office ſake is giuen the benefit. Therefore when they doe not their office, ought the Magiſtrate to ſuffer them to inioy their benefices? But let vsus heare how Boniface prooueth that he can be iudged of no man. Becauſe, …. Cor. 2. 15He that is ſpirituall (ſaith he) iudgeth all thinges, but he himſelfe is iudged of no man. A goodlie and well applyed Argument I promiſe you. But let vsus ſée what kinde of iudgement Paul writeth of in that place. Verilie he ſpeaketh not of the common kinde of iudgement, whereby men are either put to death, or put out of their roome, he intreateth there onelie of y^e vnderſtanding of things diuine, and which auaile vntounto ſaluation. Theſe thinges (I ſay) belong properlie vntounto the iudgement of the ſpirituall man. But as touching iudgement ſeate and knowledge of ciuill lawes, Paul neuer thought of them [in that place] which is eaſilie perceaued by his words: Ib. ver. 12.We receaue (ſaith he) not the ſpirit of this world, but the ſpirit which is of God. If thou wilt demaund for what vſe the ſpirit is giuen vsus: He aunſwereth: To the end, we ſhould know thoſe thinges that are giuen vsus of God. And becauſe the ſpirit of this world cannot giuegive iudgement of thinges that be diuine, Verſe. 14.it is added: The naturall man perceiueth not thoſe things which be of the ſpirit of God. The ſpirituall man iudgeth all thinges. What? Dooth he iudge alſo ciuill and publike cauſes? Peter and Paul were iudged by the Ciuill power. Acts. 25. 10No not ſo: but he iudgeth thoſe thinges which belong to the ſaluation of men: he himſelfe is iudged of no man. Aſſuredlie, both Peter and Paul, were iudged by the ciuill power, vntounto which Paul appealed, that he might be iudged there: and yet were they ſpiritual. But that place muſt thus be vnderſtood: He that is ſpirituall in that he is ſuch as one, cannot in things diuine and ſuch as pertaine to ſaluation, be rightlie iudged of any man, which is not indued with the ſame ſpirit that he is of. The wicked ſort and worldlinges, account him oftentimes for a ſeditious, vnpure, and infamous fellowe: But onelie God and his ſpirit looketh vppon the heartes. Laſtlie Boniface concludeth, that there is one chiefe power onelie, and that belongeth to the Pope, leaſt we ſhould with the Manichees ſéeme to make many beginninges. Gen. 1. 1.And he addeth: that God in the beginning, and not in the beginninges created the world. Note. We affirme one beginning, not many.We alſo deteſt the Manichees and affirme, that there is one onelie beginning, and pronounce one onelie fountaine, and ofſpring of all powers, namelie, God and his word, without which there can be no power either ciuill or Eccleſiaſticall. For the foundation of either of them dependeth of the word of God, and ſo we make but one beginning and not two. Further if Boniface will vrge theſe wordes in Geneſis: In the beginning God created, &c. there ought to be but one onelie king in the world. For when Paul ſaid: One Lord, one Faith, Ephe. 4. 5.one Baptiſme, he added not: One Pope.

22 At the length our Thraſo commeth ſo farre, as he excludeth them from the hope of ſaluation, which acknowledge not the Pope for the chiefe head and Prince of the Church. A ſchiſme of Popes.But when there were two or thrée Popes al at one time, which thing both happened, and alſo indured for the full ſpace of 60. yeares, Two or three Popes 60. yéeres together.it muſt néedes be that thoſe which at that time were of Boniface his opinion, ſhould confeſſe themſelues then to be Manichees, and to hauehave eſtabliſhed two beginnings. Againe, what thinke they of the Gretians, of the Perſians and Chriſtians which dwell in the Eaſt part, ſéeing they acknowledge not the Pope, who neuertheleſſe reade the ſcriptures, beléeue in our Lord Ieſus Chriſt, and both are, and alſo are called Chriſtians? All thoſe Boniface excludeth from the hope of ſaluation. This is the ambition and vnſpeakeable tyrannie of the Popes. When we obiect vntounto the Papiſts theſe words of Paul: Let euerie ſoule ſubmit it ſelfe to the higher powers, they aunſwere: Rom. 13. 1.That euerie ſoule ought to be ſubiect vntounto the higher power, but yet to their own, not to other mens power: otherwiſe it were néede that Frenchemen ſhould be ſubiect to the Spaniards, and the Spaniards to the Germanes, which becauſe it is abſurd, it is concluded, that euerie man ought to obey his owne Magiſtrate. But nowe the Clergie acknowledge the Biſhops for their head, and that they ſhould bée ſubiect vntounto them: And the Biſhops acknowledge the Archbyſhops and Primates, and they laſtlie the Pope. After this maner (ſay they) we obeie the Pope and ſatiſfie Paul. What hauehave we to doe with Kings, and the ciuill Magiſtrate? Howbeit this is nothing elſe than ſhamefullie to abuſe the wordes of the Apoſtle. The Papiſts made a diuiſion of a kingdome into two parts.Doe they not ſée that they diuide the publike weale into two bodies, which ought to be but one bodie onelie? For when they diuide the kingdome of the Cleargie from the kingdome of the Laitie, they make in one kingdome two peoples, and ſet ouer eyther people his Magiſtrate: and thereby it commeth to paſſe that the Clergie which be Frenchemen, ſéeme not to be Frenchemen, and the Germans ſéeme not to be Germans, and this maketh not coniunction but diuiſion. Beſides this, of what power (I beſéeche you) ſpeaketh Paul? Verilie not of Biſhops or Archbiſhops, but of that power which beareth the ſword. He doth not without a cauſe (ſaith he) beare y^e ſword. He ſpeaketh of y^e power to whō tribute is paide. For (ſaieth he) euen for this cauſe ye pay tribute. But Biſhops neither beare ſworde, nor yet require tributes of y^e people. Wherfore Paul ſpeaketh not of them. And though y^t in Germanie Biſhops hauehave the ſword, & gather tributes & cuſtomes, they doe not y^t in reſpect y^t they be Biſhops, but in y^t by accident they hauehave y^e ciuill power ioyned to thē, how rightly, let thēſelues ſée to it. But it is manifeſt y^t Paul ſpake of the ciuill power, vntounto which he commaunded that euerie ſoule ſhould obey. Neither is the interpretation of Origen probable, Origen.wherein he affirmeth that Paul ſaide: Euerie ſoule, and not euerie ſpirit: Becauſe (ſaith he) the ſpirituall man is mooued with no affections, neither poſſeſſeth any thing in the world, therefore he is not ſubiect at al to outward power. And ſo Paul commandeth euerie ſoule, that is euerie liuing man to obey the ciuill power. But what? Was not Chriſt ſpirituall? Who was more ſpirituall? And yet he acknowledged the ſuperiour power, and payed tribute. What ſay you to the Apoſtles, were not they ſpirituall? And yet neuer exempted themſelues from the ciuill power: nay rather, they obeyed it, & taught others to obey the ſame alſo.

Look part. 4 cap. 2. Ar. 1023 But let vsus ſée further what anſwer our Boniface men make. They ſay y^t they hauehave not this power ordinarily, & by the right of their function, but graūted them by the priuiledges & giftes of Princes. And why (ſay they) is it not lawfull for vsus to inioy the priuiledges & liberalitie of Princes? Notwithſtanding we ought here to hauehave a regard not what princes hauehave don, Whether it were lawfull for Princes to …emp… Eccleſiaſticall men from their ſubiection.but what they ought to hauehave doone. God w^tout doubt hath made ſubiect eueryevery ſoule to y^e higher power it was neuer lawfull for any Prince to breake that lawe. Neither doeth humane reaſon ſée better than the prouidence of God what ſhoulde become of the affaires of mankind. And the euent it ſelfe hath ſufficiently declared, howe much that remiſſeneſſe of Princes hath profited. For after that Biſhoppes and falſe Eccleſiaſtickes got themſelues once from the ſubiection of the ciuill power, they ſtraightway became farre worſe than they were before, and made the people which were committed to their charge nothing the better. Wherefore let them ceaſe to ſay that Empeperours and Kings hauehave giuen them theſe things: let them rather heare the worde of God, wherein they are commaunded to obey Princes. But they hauehave not onelyonly withdrawen themſelues from obedience towards princes, but hauehave alſo claimed to themſelues an immunitie or fréedome. And an immunitie is a libertie from doing of homages, What is Immunity, Tributes, & Cuſtomsand bearing of ciuill burdens. And among burthens, are numbred tributes and cuſtomes. Tributes are thoſe which are payde of lands and poſſeſſions. Cuſtomes are thoſe which are payde of marchandize, & of thoſe things, which are either carried out or brought in. Theſe things Vlpian calleth the Sinowes of the common weale, Vlpian.as without which it can not either conſiſt or be gouerned. By what right therefore and reaſon hauehave theſe men withdrawen themſelues from the publike vtilitie? With what face doe they boaſt of ſuch liberalitie of Princes, which neither Chriſt, nor the Apoſtles, nor the Prophetes vſed? And although they hauehave this (as they ſay) by the giftes of Kings and Emperours, yet muſt they take héede that it be not hurtfull vntounto the Citizens, and while they themſelues be eaſed, others bee aboue meaſure burdened. And yet are they not by priuiledges and lawes of Princes exempted from al burdens. In déede they are freed from perſonall burdens: and that not without great reaſon, which euen the Ethnicke Princes ſawe alſo. In the digeſts De vacatione & excuſatione munerum, in the lawe Praetor, Vlpianus ſaith: If a man hauehave gotten a benefice, and cannot without hurt of conſcience be abſent from it, he is acquited. And Conſtantine the Emperour, The Miniſters exempted frō perſonall and vile burthens and why. Which be perſonall and vile burthens.in the Code De Epiſcopis & Clericis law y^e firſt & ſecond, exempteth them from perſonall and vile burdens. Perſonall burthens are thoſe which are accompliſhed by the induſtrie of the minde, and labour of the bodie. Vile burdens are theſe: as to burnelyme, to digge ſand, to kéepe the Conduites, to heate the bath, and ſuch other like ſort: from theſe burdens they are worthily exempted, becauſe the miniſterie, by vile exerciſes would growe vntounto contempt. And they are made frée from perſonall burdens, becauſe when they ſhould giuegive their mindes to holy things, they ought not to be w^tdrawn to other thinges. Princes therefore hauehave rightly graunted theſe things to Eccleſiaſtical men, that they ſhould not be abſent from the ſtudie of Religion, & becauſe they ſhould not be contemned of the common people.

24 But what if a man claime himſelfe to be a miniſter, onelyonly by his apparell and garments, and doeth nothing in the Church, ſhould this immunitie alſo be graunted vntounto him? No vndoubtedly. Iuſtinian.Yea Iuſtinian in the Code De Epiſcopis & Clericis, in the law Generaliter Sancimus, ſaieth, that he meaneth onelyonly of thoſe, which diligently giuegive themſelues to holy things, and not of Vagabunds and Idle perſons which onelyonly bragge of the name of the miniſterie. Moreouer Miniſters are not looſed frō ordinarie charges although they be exempted from extraordinarie burdens. Ordinarie burthens and extraordinarie.Ordinarie burdens be thoſe which are alwayes impoſed by the commandement of the lawes: extraordinary are thoſe, which be exacted onelyonly for ſome preſent neceſſitie, and afterward ceaſe. So that if Eccleſiaſticall men hauehave manors or landes as other Citizens hauehave, they ought to pay for them. For the Church when it receiueth poſſeſſions, it taketh them together with their burthens. But they are frée from extraordinarie tributes, Why they be frée from extraordinary burthensbecauſe in the olde time Eccleſiaſticall men were poore, and beſides neceſſarie foode and apparell had nothing remaining vntounto them, or if perhappes there remained any thing, all the ſame whatſoeuer it were was beſtowed vponupon the poore, but now it is cleane contrarie: for both they abounde in riches, and they beſtowe verie little vponupon the poore. And yet if any great neceſſitie happened, they were alſo conſtrained to pay extraordinarie charges: Somtimes they are not exempted from extraordinarie burthens.as if there were any high wayes to be amended, and any bridges to bee made, or any ſhippes to be builded for tranſporting of an armie as appeareth in the Code, by the lawes of Emperours. Neither doeth brotherly charitie ſuffer, that when other are burthened, they ſhould lie ſtill idle in wealth and riches: 2. Cor. 8. 13neither is it to be abidden, that they ſhoulde bee eaſed and others charged.

25 Yet y^e Pope in his decretals (De Immunitate Eccleſiae, in y^e Chapter Non minus, where the words of the Lateran Councell are cited, and in the Chapter, Aduerſus conſules) will hauehave the eccleſiaſticall men to be vtterlie exempted. And Boniface the 8. in 6. De immunitate Eccleſiarum, in the Chapter Clericis Laicos, permitteth them not to paie any thing: yea and hée excommunicateth the Prince, which taketh tribute of a Miniſter of the Church, and alſo the miniſter himſelfe which payeth it. This lawe as being too cruell, Benedictus the 11. after a ſort mitigateth in the Extrauagants De immunitate Eccleſiae, in the Chapter Quod Olim. Yet he permitteth not the Prince to doe any thing without aſking Counſell of the Biſhop of Rome. For he indéede doth not excommunicate thoſe Princes which receiue tribute of eccleſiaſticall men, but onelie thoſe which exact it of them. Séeing hee permitteth not, that Princes ſhould exact anie thing in their owne right, which yet he ſometimes permitteth in caſe of neceſſitie: as in danger of Religion and life: ſo that firſt there be had the conſent of the Biſhop & clergie, and afterward alſo the Pope to allow of the fact. So long then hath he decréede that they muſt tarry. So theſe men exempt themſelues from the obedience and tributes of Princes and Kings: which (as I hauehave before ſaid out of Vlpian) are y^e ſtrength and ſinowes of the commonweale. When I thinke vponupon theſe things, I call to remembrance a profitable ſaying of Diocleſian: A ſaying of Diocleſian.of whom, when a Philoſopher had deſired an immunitie, This requeſt (ſaide he) diſagréeeth with thy profeſſion. Thou (ſaid he) profeſſeſt, that thou wilt ouercome thy affections, but thou ſheweſt that thou art ouercome of auarice. So theſe men profeſſe themſelues to be ſpiritual, but in a ſpiritual man there is nothing more required than charitie, which counſelleth vsus not to liue franchiſed & ſecurely, when others are oppreſſed with cares and burthens. Thomas Aquinas. Gen. 47. 11Aquinas bringeth a place of Geneſis, to ſhew y^e Prieſts are exempted from tributes, not indéede by the law of God, but by a law made by Princes, and yet neuertheleſſe agréeing with the law of nature. For Pharao King of Egypt prouided, that the Prieſtes ſhould not pay the fift part of their fruite for tribute, when as neuertheleſſe ſo much was exacted of all the Egyptians. Wherefore he concludeth that Prieſtes are exempted. This place is diligentlie to be conſidered. Firſt let vsus note that the Egyptian Prieſtes had their daylie liuing out of the treaſurie of the King. They had prouiſiō giuen them to liue by. Afterwarde it came to paſſe, that when the hunger waxed great, all the Egyptians ſolde their landes vntounto the King, therewith to buy corne to ſatiſfie hunger. But when that famine was paſt, the King reſtored the lands vntounto y^e owners: yet vponupon this condition, that eueryevery yeare, they ſhould pay him the fift part; but of the landes of the Prieſts, there was no fift part payde. And no maruaile: becauſe they ſoulde not their landes vntounto the king, ſéeing they were maintained at the common charge. Yet it is to be thought, that they paide ſo much tribute of their landes, as they were woont to pay before the famine. Neither vndoubtedly can any other thing be gathered out of that place, except that Prieſts ought to be maintained of the common coſt. And in that they payde not the fift part, that happened for an other cauſe, as we hauehave nowe declared.

26 They alleage alſo the vij. Eſdr. 7. 23.Chapter of Eſdras, where Artaxerxes prouided that when he had laid a tribute vponupon the Iewes, there ſhould be nothing leuied vponupon the Leuites in the name of a tribute. But this is not to be maruelled at, ſéeing the Leuites had no landes to pay tribute of: in as much as to them pertained onelyonly the oblations, firſt-fruites and tenthes, for which cauſe they were releaſed of tributes. Alſo Iulius Caeſar in his Booke of the French warres ſaith that the Druids which were the French Prieſts, paide no tributes. Plinie. The Druids paid no tributes.But Plinie in his 16. booke and 44. Chapter writeth that the Druids had no landes. And yet are not theſe things ſpoken to this ende, It would be honourable for the magiſtrates to deale ſomewhat gently with the Miniſters.that I would not thinke it lawfull for Magiſtrates, to deale ſomewhat gently with Miniſters, and to beare ſomewhat with them: becauſe they muſt alwaies applie themſelues to holy things, and ſtudie for nothing elſe. Whereby it commeth to paſſe that they can not increaſe their ſubſtance: yea rather they verie oftentimes ſuffer great loſſe, neither hauehave they their ſubſtance but during their life. OnelyOnly this I diſallow, that they claime vntounto themſelues immunitie both reall & perſonall, that they vtterly refuſe both ordinarie & extraordinarie charges, and that by tyrannie or contrarie to the authoritie of the word of God: and for that the Pope will not ſuffer Princes to exact tributes of Biſhops and Eccleſiaſticall men after their owne minde: and becauſe they will not yéelde them if they be required. The word of God hath otherwiſe commaunded, when it ſaith: Let euerie ſoule bee ſubiect to the higher power. Rom. 13. 1.And therefore (ſaith he) ye paie tributes. None is exempted, neither woulde Chriſt himſelfe bee exempted. Chryſoſtome vppon that place of Paule: Chryſoſt.It may (ſaith he) ſéeme gréeuous vntounto Chriſtians, for that they being the Children of God, and appointed for the Kingdome of heauen, are ſubiect vntounto the Princes of this worlde: But he anſwereth: While we are in this life, our dignity is hidden. For it appeareth not what we ſhalbe. Wherefore whileſt we liue héere, let it not be gréeuous vntounto vsus to do reuerence to Magiſtrates, to giuegive them the way, and to honor them, theſe things are full decent and well beſéemeth ſaints. Now that we are regenerate by the word and the Spirite, it might ſeeme that we néede no Magiſtrate. Whereupon the Iewes, becauſe they were the people of God, tooke it verie greeuouſlie, that ſometime the Babylonians raigned ouer them, ſometime the Perſians, ſometime the Gretians, ſometimes the Romanes, and other nations which were ſtrangers from God. The Anabaptiſts & Libertins.The Anabaptiſtes and Libertines crie, that it is a thing vnworthy for a Chriſtian to ſuffer a Magiſtrate ouer him. The clergie of the Pope alſo hauehave ſhaken off this yoke from themſelues. But the Apoſtles, which foreſawe that this would come to paſſe, did oftentimes vrge that the ciuill power ſhould be obeyed. We ſin two maner of waies againſt the MagiſtrateWhich precept is two waies tranſgreſſed: One is when men ſaie, that they will not obey the Magiſtrate and doe ſediciouſly take armes againſt him. The otherwaie is, when they circumuent him by ſubtiltie and guile, ſo as he cannot execute his office. For in Courtes there be ſuch, as flatter in the eare of Princes, diſpraiſe and praiſe whom they liſt, accuſe the good in ſtead of the euill, and commend the euill for good. So according to their mind ſome are made gouernours ouer countries, and other ſome are diſplaced. A ſaying of Diocleſian.Wherefore Diocleſian ſaid: A good, wiſe and warie Emperour is oftentimes ſet to ſale by his ſubiects. The Prince is at home in his palace, they that are familiar with him accuſe and defend before him whom they will. Yea and among the Romanes, the Senators were many times circumuented. The courſe of iuſtice, is by many deceites hindred: neither doeth it much force, whether it be doone by violence or by guile, becauſe the publike weale is hurt both wayes, and the inſtitution of God contemned. And thus farre as touching theſe things.

27 Neither muſt we héere paſſe ouer that, which hath bin often ſaid that the Magiſtrate muſt not be obayed, if he commaund anie thing againſt the word of God. For when he ſo dooth, he is no Magiſtrate. Rom. 13. 3.Becauſe (as Paul ſaith) He is the Miniſter of GOD to good: So as if he commaund thinges contrarie to the word of God, in that behalfe, he is not his Miniſter. But thou wilt ſay, that ſometime grieuous, troubleſome, and difficult thinges are commaunded, which neuertheleſſe are not againſt the word of God. What is to be doone in theſe caſes? We muſt obay. For we are commaunded to obay our Maſters though they be ſeuere, ſo that they commaund nothing againſt the word of God: which if they doe, we muſt aunſwere them with the ſentence of Peter, who ſaith: Acts. 4. 29.We ought rather to obay God than men. Nabuchad-nazer would hauehave his Image woorſhipped: Dan. 3. 18.The faithful Hebrewes aunſwered: Thy Image O king we will not woorſhip. 2. Mach. 7.Antiochus commaunded the Hebrewe woman, to eate ſwines fleſh: but ſhe chooſed to die together with her ſeuen ſonnes, rather than to commit anie thing againſt the law of God. Alſo the Martyrs both in the olde time, and alſo in our time, ſuffered moſt extreme puniſhmentes and moſt cruell deathes, becauſe they would not ſinne againſt the Lawe of God. Euſebius.Euſebius Caeſarienſis writeth that Conſtantius the father of Conſtantine fained vppon a time as though he would put out all the Chriſtians, An example of Conſtantius the firſt.which would ſtand to their Religion, out of their honors and offices. But they which were godlie in déede, fréelie gaue ouer their dignitie, and choſe rather to leaue their honors, than to depart from Chriſt. But this turned to their good: for the Emperor imbraſed thē: And thoſe which had denyed Chriſt for to kéepe their dignities, he vtterlie remooued from his perſon; ſaying, that they alſo would not be faithfull vntounto him, which were vnfaithfull to God. Conſtantius the ſecond an Arrian.Afterward Conſtantius, the ſonne of Conſtantinus being an Arrian, went about to drawe the faithfull Byſhops to his hereſie. But they choſe rather to be baniſhed than to followe that wicked purpoſe of the Emperor. Afterward Iulian the Apoſtata opened the Temples of the Idols, Iulian the Apoſtata.& labored to driue the Chriſtians to the Ethnick Religion and woorſhipping: yet ſuch as were godlie in déede, held the Religion of Chriſt, more deare and néere vntounto them than their life. Yea and Achilles in Homer ſaith: Achilles.I will obay princes, but yet ſo they commaund thinges honeſt and iuſt. And theſe thinges not onelie belong to ſubiectes but alſo to inferiour Magiſtrates. Of meane or inferior powers.For what if the ſuperiour prince commaund the inferiour Magiſtrates to receaue the Maſſe in their Cities, vndoubtedlie they ought not to obay. If a man will ſay: he is the ſuperiour power, and therefore ought to be obayed: I will aunſwere, in thinges that be ciuill and humane let them obay, aſmuch as behooueth, but in no wiſe againſt God. We muſt alwayes runne vntounto that principle: Propter quod vnumquodque eſt tale, id ipſum eſt magis tale. That is to ſay: That whereby a thing is ſuch as it is, is the more ſuch it ſelfe. And therefore if we obay the Magiſtrate, for Gods cauſe, much more muſt God himſelfe be obayed. So then the inferiour Magiſtrate ought not in ſuch caſes, to hauehave a regard what the ſuperiour power chargeth, but what GOD himſelfe hath commaunded.

Whether the conſent of y^e Church muſt be expected in the reforming of religion.28 There be ſome which ſay, that before we depart from the obedience of the Magiſtrates as touching Religion, we muſt expect the conſent of the Church. They which thus ſpeake let them conſider, that Chriſt neuer ſo commaunded: euerie man for himſelfe, is wholie bound to the lawe of God, whether others conſent or diſſent. If the goodman of a houſe hauehave manie ſeruantes which he commaundeth to doe his woorke in the countrie, A ſimilitudebut ſome of them when their Maiſter is abſent will loyter, ought the reſt therefore to be idle, becauſe ſome conſent not to their common buſineſſe? Paul waited not for a conſent.Did Paul when he was called to preach Chriſt, tarie for the conſent of his other brethren? No truelie. But as he writeth to the Galat. Gal. 1. 15.When it had pleaſed God to reueale vntounto me his ſonne, that I ſhould preach him among the gentiles, I did not ſtraightway aske counſell of fleſh and bloud, neither went I to the Apoſtles which were before me, but I went into Arabia. Wherefore he taried not for the conſent of other, but ſtraightway obayed his calling. So alſo ought we to doe: after that God hath opened vntounto vsus his trueth, we muſt not tary. When a conſent muſt be attended for.In déede, if the thing be doubtful and darke, we muſt tarie for a conſent. But our cauſe is manifeſt, and without all obſcureneſſe. Which if we will omit till a conſent be had, the thing it ſelfe is loſt and good occaſions broken off. Tyberius would hauehave brought Chriſt into the number of the Gods, howbeit he thought that the conſent of the Senate ſhould be had. But the Senate would not, and by that meanes it came to paſſe, that, while conſent was expected Chriſt could not be counted among the Gods: whereas Tyberius had bin able to bring it to paſſe by himſelfe. But I pray you let them tell vsus, for whoſe conſent will they tarie? For the Byſhops conſent? But they no doubt will neuer conſent, ſince they are ſworne enemies of the trueth.

29 Now let vsus returne vntounto the inferior Magiſtrates of whom we ſpake before. Look part 2. cap. 4. Ar 42We muſt remember what God hath commaunded children concerning their parentes. Honor thy father and thy mother. Exo. 20. 12.By which wordes vndoubtedlie, is commaunded honor and obedience towardes higher powers. For they hauehave the place of parentes, towardes the inferiour Magiſtrates. But let vsus ſee what Chriſt hath pronounced as touching this matter. Mat. 10. 37He that loueth (ſaith he) father or mother more than me, is not woorthie of me. The ſame without doubt muſt we think of the Magiſtrate, which is the father of the countrie. We muſt obay him, but yet not aboue the Lord. Yea if he commaund anie thing againſt him, he is both to be hated and alſo denyed. Neither is it lawfull for anie man to profeſſe himſelfe to be a Chriſtian, which will not diſſent from the ſuperiour Magiſtrate in thoſe things which be againſt the word of God. Matt. 6. 24. 1. Kings. 18. 21.This were to hauehave a will to ſerue two Maiſters, and to halt on both ſides. If God be God, let vsus follow him, and that not by halues, but wholie. But it is to be feared (ſay they) leaſt while we are againſt the ſuperiour power, we bring daunger to the publike weale. To this I will anſwere, contrarie to that which Demades in the olde time aunſwered vntounto the Athenians. The aunſwere of Demades.Caſſander the Macedonian which ſuccéeded Alexander the Great, intreated with the Athenians, that they would woorſhip Alexander for a God. They ſtayed thereat: But Caſſander ſéemed that vnleſſe they would conſent, he would make warre vppon them. Wherefore Demades ſpake thus vntounto the people: That it was to be feared, that while they retained heauen they ſhould loſe the earth. So doe I aunſwere theſe men, onelie changing the wordes: That it is to be feared leaſt while they ouermuch regard and defend the common weale, they loſe heauen. For although the ſuperiour power, doe fume and threaten, we muſt valiantlie deale in a good cauſe. Séeing that God muſt be woorſhipped ſincerelie and godlie, although all Magiſtrates and all the world were againſt vsus: And therefore if that ſuperiour power commaund anie thing againſt the lawe of God, it muſt not be obayed. 1. king. 21. 3 The exāple of NabaothSo did Nabaoth the Iizraelite behaue himſelfe, he would not graunt vntounto Achab his vineyard, which was his inheritance: neither had he therein anie other reſpect, than that the lawe of GOD ſhould remaine inuiolate: wherein it was commaunded that the tribes and families of the Iſraelites, (as touching poſſeſſions) ſhould remaine diſtinct and ſeparate. So by reaſon thereof, it was not lawfull for Nabaoth to alienate his inheritance for euer. Yet a man being farre indebted, might hauehave ſold his inheritance till the yeare of Iubile, but after that yeare, it returned to the olde poſſeſſor againe. God would by this meanes, that the inheritances of the Iſraelites ſhould not be confounded. Wherefore Nabaoth, would not ſell his auncient inheritance, leaſt the lawe of God ſhould be broken. Him alſo ought the Magiſtrates to followe, and not to giuegive place in their Cities and dominions, vntounto moſt vnpure Maſſes, and papiſticall Idolatrie. 1. Mach. 1. 57. 2. Mac. 6. 2. The conſtancie of the Iewes againſt the Macedonians and Romanes.The Iewes when they were oppreſſed by the Macedonians, did rather chuſe to ſuffer anie thing than that the Image of Iupiter Olympius ſhould abide in the Temple of God. And when the Romans bare rule ouer them, how great ſedition and tumult ſtirred they vp, rather than they would ſuffer the ſiluer Eagle, or the Image of Caligula to be ſet vp in the holie place? Yea and Valentinian the Emperour, being an Arrian (as both Euſebius writeth, and alſo Ambroſe in his Epiſtles) would hauehave had the Church of Millaine deliuered vntounto him, there to hauehave celebrated together with his hereticks prayers and holie ſeruices. Ambroſe.But Ambroſe would not giuegive place, but rather abode day and night in the Temple, together with the people, than that the Emperour ſhould finde it voyde, and ſo to poſſeſſe it. If the Hebrewes would not hauehave the Temple of God polluted with Idols, and Ambroſe ſuffered not the Church to be contaminated with heretickes, why doe faithfull Magiſtrates ſuffer their Temples to be defiled with Idolatrie, and vncleane ſeruices of the Papiſtes?

30 They ſay that theſe thinges belong nothing at all vntounto them, and that theſe temples are not in their power. What then? If murther ſhould be cōmitted in thoſe temples, or that anie ſhould there conſpire againſt the publikeweale, would they there leaue murtherers and conſpirators vnpuniſhed? And would they ſay, that theſe wicked crimes belong nothing vntounto them? Would they willinglie and wittinglie ſuffer theſe thinges? I thinke not, if they were wiſe, and would hauehave the commonweale ſafelie prouided for. If a man ſhould obiect vntounto them: This Temple is not yours, neither maketh it anie matter vntounto you what is there doone: yes (would they then aunſwere) ſéeing it is in our Citie, euen for that verie cauſe it pertaineth ſufficientlie vntounto vsus. But wicked actes, Idolatrie is a more haynous crime than homicide.far more grieuous than murthers and conſpiracies, are there committed: I meane Idolatrie, ſacrilege, and blaſphemie. And ſhall a Magiſtrate which will be called a Chriſtian thinke that theſe thinges belong nothing vntounto him? But (ſay they) the ſuperiour power hath commaunded them to be doone. To this I hauehave before aunſwered at large. Now this will I adde, that if the ſame power ſhould goe about to deſtroy the Citie, or to take away or diminiſh the priuileges, they would neuer ſuffer it: they would rather proclaime warres. Yet notwithſtanding theſe thinges, which are farre more gréeuous and cruell, are openlie and manifeſtlie doone and ſuffered. And which is moſt gréeuous of all: thoſe thinges are there ſuffered, where the Goſpell of Chriſt hath manie yeares béene receiued.

31 Now there reſteth (becauſe the Magiſtrate oftentimes excuſeth himſelfe, Looke In 1. Sam. 28. verſe. 3.in ſaying that Eccleſiaſticall cauſes belong not vntounto him) to declare that to be vntrue. Although it be manifeſt enough by thoſe things that I hauehave alreadie ſpoken, yet for the more eaſie vnderſtanding, I thinke it good to adde thus much. Firſt I ſay that the Magiſtrate is the kéeper of the lawe of God, which containeth not onelie the latter Table but alſo the firſt: Wherefore the Magiſtrate is a kéeper aſwell of the one as of the other. AuguſtineI adde alſo that which Auguſtine ſaith: that not onelie priuate men, but alſo kinges, ought to ſerue the Lord. For in the Pſalme it is written: Pſa. 102. 23The people came together, and kinges to ſerue the Lord. And in another place: Pſal. 2. 10.And now O kinges vnderſtand, be learned ye that iudge the earth, ſerue the Lord in feare &c. A priuate man ſaith Auguſtine ſerueth the Lord, The difference of the ſeruing of God of a priuate man and of a King.if he cōfeſſe his name, and liue vprightlie: But this is not ſufficient for a king and Magiſtrate, ſéeing he ought ſo by his authoritie and power to ſerue the Lorde, that he puniſh thoſe that be his enemies: which vnleſſe he doe, he ſéemeth to conſent vntounto blaſphemours and heretickes. For the king when he ſéeth theſe men and ſuffereth them, is as much in fault as if he ſhould ioyne himſelfe with thē, & maintaine their wickedneſſe. Nabuchadnezar, Dan. 3. 96.as ſoone as euer he knew God, made a decrée, y^t whoſoeuer ſpake blaſphemie againſt y^e God of Daniel, ſhould dye. The like decrée made Darius afterward. Ib. 6. 23.So likewiſe our Magiſtrates ought wholie to take away all Idolatries, blaſphemies, and ſuperſtitions, ſo ſoone as euer they ſhall finde them out. The Ethnick princes neuer thought that the care of Religion appertained not vntounto their power. The Ethnick Princes accounted the care for religion to be in thē.Why was Socrates condemned at Athens? I demaund not now, how rightlie or iuſtlie (for as it is thought in a manner of all men Anitus and Melitus lyed againſt him.) This I ſpeake for that he was for no other cauſe condemned, but for Religion: Socrates was condemned by the Magiſtrate for matters of Religion.as though he taught new Gods and led away the youth from the auncient and receaued woorſhipping of the Gods: and he was by a prophane Magiſtrate condemned. Wherefore the Athenians thought that the preſeruation and care of Religion belonged to their Magiſtrate. Leui. 24. 16The lawe of God commaunded, that the blaſphemour ſhould be put to death, not I thinke by euerie priuate man or by the prieſtes, but by the Magiſtrate. The Ethnick Emperours alſo in thoſe firſt times did for no other cauſe rage againſt the Chriſtians, but becauſe they thought that the ſtate of Religion belonged vntounto their iudgemēt ſeate. And aſſuredlie as touching this opinion, they were not deceaued. For none (as Chryſoſtome ſaith) either Apoſtle or Prophet, Chryſoſt.reprooued the people, either Iewes or Ethnickes, becauſe they had a care of Religion: but they were deceaued in the verie knowledge as touching Religion, becauſe they defended their owne as true, and condemned the Chriſtian as vngodlie and blaſphemous. Conſtantine and Theodoſius and manie other godlie princes are commended, becauſe they tooke away Idols, and either cloſed vp, or elſe ouerthrew their Temples. Howbeit they did not theſe thinges in anie other reſpect than that they thought the charge of Religion to belong vntounto them: otherwiſe they ſhould hauehave bin buſie fellowes, and ſhould hauehave put their Sickle into an other mans harueſt. The Donatiſts tooke this in verie ill part, and gréeuouſlie complained thereof in Auguſtines time, becauſe the Catholick Byſhops required ayde of the ciuill Magiſtrate againſt them. AuguſtineBut Auguſtine confuted them by the ſelfe ſame Argument which I hauehave a little before rehearſed: And addeth this moreouer: why did ye accuſe Caecilianus Byſhop of Carthage, before Conſtantine, if it be wicked for an Emperour to determine concerning Religion?

32 Furthermore there is gathered by thoſe things which the ſame Father wrote againſt Petilianus, and againſt Parmenianus, & alſo in manie other Epiſtles, how that the Donatiſts accuſed Caecilianus, as it is ſaid, before Conſtantine y^e Emperor: who firſt referred the cauſe to Melchiades biſhop of Rome. And when by him they were ouercome, they againe appealed to the Emperor: neither reiected he their appellation frō him, Appellatiō from the Pope to the Emperour in matters of religion.but committed the matter to the Biſhop of Orleance, by whom they were againe cōdemned. Neither reſted they ſo: but they appealed againe to the Emperour, who heard them, decided their cauſe, condemned them, and by his ſentence quitted Caecilianus. Where are they now, which ſo often and ſo impudently crie, The right of calling Councels in the Emperours.that there is no appealing from the Pope, and that the cauſes of Religion belong not to the Ciuill Magiſtrate? To whom in the olde time belonged the right of calling generall Councels, pertained it not vntounto Emperours? As for the Councell of Nice, the Councell of Conſtantinople, of Epheſus, and of Chalcedon, Emperours called them. Leo the firſt of that name, prayed the Emperour to call a Councell in Italie, becauſe he ſuſpected the Gretians about the errour of Eutiches, and yet could he not obtaine it. And the Biſhops were called togther to Chalcedonia, whereat the Emperour was alſo preſent, as was Conſtantine at the Coū cell of Nice. Neither doe I thinke that they were there preſent, to ſit idle and to doe nothing, but rather to ſet forth vntounto y^e Biſhops what they ſhould do, and to prouoke them to define rightly. Theodoretus.Theodoretus telleth that Conſtantine admoniſhed y^e fathers to determine al things by y^e ſcriptures of the Euangeliſts, Apoſtles, Prophets, and ſcriptures inſpired from God. Iuſtinian alſo in the Code, wrote many Eccleſiaſticall lawes of Biſhops, of Prieſtes and other ſuch like. Yea and Auguſtine himſelfe hath taught that the Magiſtrate ought after the ſame maner to puniſh Idolaters and Heretikes, Auguſtinewith the ſame puniſhment that he puniſheth adulterers withall: for ſo much as they commit whoredome againſt God in minde: which is much more heinous, thā to commit whoredome in bodie. And looke by what law murtherers are put to death, Whoredom a more grieuous crime than adulterie.by the ſame alſo ought Idolaters and Heretickes be puniſhed, for that by them are killed not the bodies, but the ſoules: Although the common people are ſtirred vp onelie againſt Homicides, becauſe it ſéeth the bloud of the ſlaine bodies, but ſéeth not the death of the ſoules. Surelie it is profitable that the Magiſtrate ſhould take this care vponupon him, and by his authoritie compell men to come to the Sermons, and to heare the word of God: for by that meanes it commeth to paſſe, that through often hearing, thoſe things begin to pleaſe which before diſpleaſed. God hath proſpered thoſe Princes which hauehave had a care of Religion.As the hiſtories teach God hath oftentimes made godlie Princes famous through moſt noble victories which hauehave had a care of theſe things.

33 Beſides it cannot be denied, but that it is the Magiſtrates dutie, to defend thoſe Cities, and publike weales ouer which they are gouernors, and to prouide that they take no harme. Seeing then Idolatry is the cauſe of captiuitie, plague, famine, & ouerthrowing of publike weales, ſhall it not belong vntounto the Magiſtrate to repreſſe it, and to preſerue both the true and ſounde Religion? Laſtlie Paule teacheth fathers to inſtruct their children in diſcipline and in the feare of God: But a good Magiſtrate is the father of the countrie, wherefore by the rule of the Apoſtle he ought to prouide that ſubiects be inſtructed as common children. Neuertheleſſe Kinges and Princes which ſaie that theſe things pertaine not to them, do in the meane time, let, giuegive, and ſell Biſhopricks, Abbies, and benefices to whom they thinke good: neither thinke they that this belongeth not to their office: onelie they thinke that they ought not to take knowledge of matters of Religion, and they neglect to prouide that they whom they promote to moſt ample dignities, ſhould execute their office rightly. This therfore onelie remaineth for them, euen that God himſelfe will at length iudge of theſe things, and reuenge their negligence.

Common Places, Part 4 · Chapter 13 – Chapter 14

p. 226The thirteenth Chapter. Of a Magiſtrate, and of the difference betweene Ciuill and Eccleſiaſticall power.

The fourteenth Chapter. Of the office of Magiſtrates, eſpecially in exerciſing of Iudgement.

The thirteenth Chapter. Of a Magiſtrate, and of the difference betweene Ciuill and Eccleſiaſticall power.