Common Places, Part 1 · Chapter 11
The eleuenth Chapter. Of a good intent, zeale, preſcription, and cuſtome; all which the ſuperſtitious ſort are woont to alledge againſt the word.
AS touching the ſignification of the word intent, Of a good intent. In Iud. 7, 27. Looke In Sam. 6, 6. and in the booke De votis ſet foorth at Baſil. pag. 247. & 255.it ſignifieth a motion of the mind, whereby we indeuour vntounto an end by ſom meanes; as if a man indeuour by liberall expenſe or by flatterie to attaine vntounto ſome honors: for ſuch is the nature of things, that manie of them are ſo knit togither betwéene themſelues, that by one there is a ſtep vntounto an other. For by medicines and potions we come to health; by ſtudies, reading, and maiſters, vntounto wiſedome. Wherefore intent is an act of the will; for the propertie thereof is to mooue and ſtirre vp the mind. And ſéeing the will perceiueth not the thing that it deſireth, before it hauehave a knowledge therof; it dooth neither mooue nor force the mind before knowledge, which reigneth in the power of intelligence or vnderſtanding. The ſame perceiueth both the end, and thoſe things which further thervnto, and preſenteth them to the will. Therfore, intent, ſtirreth vp vntounto an end, as vntounto a marke, by thoſe things which are directed vntounto it. Let this be the definition thereof. A definition of intent.It is a will tending vntounto an end by ſome meanes; and will, which is the generall word thereof, is an act of the power that willeth. The difference is taken of the obiect, that is, of the end, and of thoſe things which are ordeined vntounto it. Iudg. 8, 24.As in the hiſtorie of Iudges, Gedeons intent was a motion of his will, to kéepe in remembrance, by an ephod which he had made, the victorie which he obtained. Therefore in his will he comprehended both togither, as well the end as the meane.
A good intent and an euill intent. Looke In Rom. 1, 21. and 3, 8.Intent is diuided, into a good intent, and an ill intent: and to a good intent this is chéeflie required, that the end it ſelfe ſhould be a iuſt and good thing: yet is not this ſufficient. For if one ſhould ſteale, to the intent he would giuegive almes, he doubtles ſhould purpoſe a good thing: but bicauſe the meanes is naught, therefore the intent cannot be accounted good: but if the end be both vnlawfull and euill, then ſhall alſo the intent be euill. Wherefore that the intent may be good, it behooueth both the end and the meanes to be honeſt and iuſt. Howbeit, certeine things are of their owne nature ſo euill, as we can neuer vſe them rightlie. Such are theft, periurie, adulterie, and other like; ſo that the apoſtles rule muſt alwaies be firme; Rom. 3, 8. An ill intent is of two ſorts. To a good intent is required, that both the end and meanes be good.that We muſt neuer doo euill, to the intent that good may come thereof. Wherfore an intent is euill two maner of waies; to wit, either by the naughtines of the end, or elſe of the meanes. But the intent can neuer be good, vnles both the end, and the means be good. Thus far the philoſophers & ſchoole-diuines agrée with vsus. Now let vsus ſée how they differ from vsus.
2 The philoſophers thinke, that the rightnes of the end and meanes, dependeth of mans reaſon, or naturall vnderſtanding; as though that ſhould ſuffice, to knowe the difference betwéene things iuſt and vniuſt. But this we denie, and in anie wiſe require faith, and the word of God, as ſure rules: Auguſtine.which Auguſtine in manie places teſtifieth, and eſpeciallie in his treatiſe vponupon the 31. pſalme, where he ſaith; Account not thy works good before faith, which (me thinketh) are nothing elſe, A ſimilitude.but great ſtrength and haſtie ſpéed out of the waie: and he which maketh ſuch haſte, runneth headlong into deſtruction. Wherefore a good intent maketh a good action, but faith directeth that intent; ſo that when we purpoſe anie worke, we muſt take héed that our hart hauehave regard vntounto faith, whereby it may direct his indeuors. Faith rules the intent.The ſchoole-diuines will eaſilie grant, that faith gouerneth the intent, and maketh it good. But we differ from them in thrée reſpects; firſt, bicauſe we affirme that faith dependeth onlie of the word of God: Faith cannot be tied to the fathers and councels.but they will hauehave it depend both vponupon the fathers and councels, which may in no wiſe be granted them; forſomuch as faith muſt be conſtant, & altogither void of error: which two things are not found in the fathers and councels, for they ſpeake one contrarie vntounto another. Fathers doo verie oftentimes differ from fathers, and councels from councels. And few are the fathers, yea almoſt none, which hauehave not ſometimes erred, and that in moſt weightie matters. And verie manie of the councels hauehave néed of correction. Dooth not the holie ſcripture in expreſſe words teſtifie, Rom. 3▪ 4.that All men are liers. The ſecond thing, wherein we cannot aſſent vntounto the Schoolemen is, bicauſe they affirme, that by a good intent our works are made meritorious, yea and that of eternall life. Our works by a good intent cannot be meritorious.But how contrarie this is vntounto truth, the nature of merit may teach; of the which I mind not at this preſent to intreate. Thirdlie, we diſagrée from the Schoolemen, in that they affirme, that the worke is made good (as they ſpeake) by an habituall good intent; that is to ſaie, The worke cannot be made good by an habituall intention.doone without anie good motion of the hart. They feigne that our actions, ſuch as be praiers, reading of pſalmes, and giuing of almes, doo pleaſe God, although indéed we thinke nothing vponupon God at all: and they ſuppoſe that this habituall intent, which they place in him, is ſufficient enough. So that if thou ſhalt aſke of him that worketh, why he dooth ſo, he may be readie to anſwere, that he dooth them to the glorie of God: eſpeciallie, when in the dooing, he hath not a contrarie mind, or will repugnant. But this doubtles we may not grant them, ſéeing that in this careleſnes, wherby we in working thinke not of God, nor of his glorie, the commandement of God is broken, Deut. 6, 5. Matt. 22, 37.which commandeth vsus to louelove God with all our hart, with all our mind, & with all our ſtrength. Wherefore we counſell rather, that this bée acknowledged a ſinne, than to be accounted a good worke.
3 But bicauſe they perceiued, that their ſaiengs are not without abſurditie, they added; So that in the beginning of the worke it ſelfe, there be ſome thinking of God, and of his glorie, in ſuch ſort, that the thing purpoſed be directed vntounto him. But no man doubteth, that it is néedfull to hauehave a good beginning of thoſe things, which we doo. But afterward, if faith accompanie not thoſe things, which we hauehave well begun; and we, while we are working, doo not reſpect God and his glorie, we ſhall run headlong into ſinne; which ought not to hauehave béene diſſembled. Further, if we ſhould worke, as we ought to doo, and as the lawe requireth, yet ſhould We ſtill (as Chriſt ſaith) be vnprofitable ſeruants: ſo far off is it, Luk. 17, 1….that we ſhould attribute vntounto our ſelues anie merits. Wherefore, while we giuegive ouer to thinke vponupon the honour and glorie of God, we fall, neither are ſuch fals to be diſſembled; but we muſt rather craue pardon for them, ſéeing in their owne nature they be ſinnes, although bicauſe of Chriſt they are not imputed as deadlie vntounto the beléeuers. And ſo let a good intent be ioined vntounto our works, A good intent muſt be ioined with faith and action. Matth. 6, 22.but yet ſuch as is adorned with faith, and let vsus performe the ſame, not in habit, but in act.
Wherefore the Lord in the goſpell of Matthew the ſixt chapter, ſaith; The light of thy bodie is thine eie, and if thine eie be ſingle, all thy bodie ſhall be light: but if the light that is in thee become darkenes, how great ſhall the darkenes then be? Theſe things doth Auguſtine in his ſecond booke of queſtions vponupon the goſpels, queſt. 15. and againſt Iulian in the fourth booke, the 20. chapter, iudge to be vnderſtood of a good intent. And in like manner writeth he in his tenth Tome, the ſecond ſermon, where hée treateth vponupon this place; Matth. 6.Let vsus not doo righteouſnes before men, to the intent we may be ſeene of them. The intent (ſaith he) muſt alwaies be had vntounto the glorie of God, but the deſire to hauehave it knowne vntounto men, muſt be laid apart, ſauing ſo far as it may appéere to appertaine to Gods honor. And thither tendeth that which was ſaid of Chriſt; Matth. 7, 18.that A good tree cannot bring foorth euill fruit, nor an euill tree good fruit, for the trée betokeneth the intent. So as thoſe things being true, which we hauehave ſaid, the act of Gedeon done of a good intent, ſéeing faith did not gouerne the ſame, can not be excuſed.
Of zeale In Rom. 10, verſe 3. What zeale doth ſignifie4 But now, to declare what is zeale, let vsus firſt conſider the etymologie therof. The word foreign that is, zeale, is a Gréeke word, deriued foreign, which ſignifieth To louelove, but yet vehemētlie, ſo that after louelove, followeth admiration; & after admiration, imitation, and a gréefe; if wée may not enioie the thing we louelove, or elſe if others be admitted into our companie: and this is the proper ſignification of the word. Wherefore we may thus define it, A definition of zeale.Zeale is an affection, which abideth in that part of the mind, which luſteth or deſireth, after which, by reaſon of the vehemencie, there followeth ſorrowe, as well bicauſe of the concurrence of other things, as for want of the thing that it deſireth. But the nature of zeale is not of one ſort. A good zeale, and an euill zeale. Looke In 2. Sa. 12, 1. 2. Cor. 11, 2. 1. Cor. 14, 1.For there is one zeale that is good, and another that is bad. Of the good Paule ſpake, when he ſaid; I am zealous ouer you with a godly zealouſie, for I hauehave betrothed you to one man, to preſent you a chaſt virgin to Chriſt. And in the firſt to the Corinths; Deſire you then the beſt gifts. Yea, and God himſelfe, as the ſcripture often teacheth, hath a moſt perfect zeale towards vsus, although affections cannot properlie be attributed vntounto him. But of naughtie zeale, Paule vntounto the Galathians thus ſpeaketh; Gal. 4, 17.The falſe apoſtles are zealous ouer them, that they may glorie in their fleſh, and to leade them from Chriſt vntounto the bondage of the lawe: and in manie other places there is mention made of it.
But the cauſe why this zeale either good or bad doth come, may thus be aſſigned: the manner is alike in this affection, as it is in others. The cauſe of a good and of an euill zeale.Wherefore, euen as boldnes, luſt, and anger be either good or bad, according as they kéepe or excéed the bounds preſcribed by wiſedome, ſo doth it come to paſſe in zeale. But it muſt be vnderſtood, that according to morall doctrine, prudence commeth by naturall vſe or diſcipline. But the ſame in verie déed, as it hath reſpect in this place, can not be gathered but out of the holie ſcriptures, through the inſpiration of the holy Ghoſt. Wherfore it ſhall then be good zeale, when through faith it is brideled by a iuſt and godlie knowledge; and it is euill, if it be not reſtrained by ſuch a knowledge: euen as a ſhip, A ſimilitude.when the maiſter is preſent, is preſerued; but he being abſent, it ſinketh. Therfore Paule vntounto the Romans ſpake verie wiſelie, Rom. 10, 2.for when as he condemned the zeale of the Iewes, he declared the ſame to be void of knowledge, and by one word noted that to be a vice, yea verelie and a dangerous vice, which otherwiſe might hauehave bin an excellent vertue.
And as there is a great difference betwéene good and euill zeale, The effects of a good and of an euill zeale. Iohn. 2, 17.ſo the effects which procéed from the one and the other, are of excéeding great diuerſitie. With a good zeale was Chriſt kindled, when he purged the temple of biers and ſellers, by ouerthrowing their tables and chaires. With the ſame zeale Phinees being led, he thruſt them both through the bodies, Num. 25, 7.which committed moſt ſhamefull whoredome. On the other part, what effects procéed of a naughtie zeale, we may perceiue by Paule, Philip. 3, 6.who for zeales ſake perſecuted the church of Chriſt. And in Iohn it is written; Iohn. 16, 2.The time will come, when they ſhall thinke they doo God good ſeruice, which afflict the faithfull people of Chriſt. Alſo, Peter kindled with an immoderate zeale, Iohn. 18, 10drue out his ſword to ſtrike thoſe which laid hands vponupon Chriſt. There is yet another difference betwéene the zeales, for euill zeale bréedeth hatred; but good zeale doth moſt of all ioine with charitie. For although Samuel woorſhipped God with verie great zeale, 1. Sam. 16, 1.yet he moorned too long a time for Saule. And there is nothing more an enimie vntounto naughtie zeale, than is charitie; euen as ſelfe-louelove is chiefelie repugnant vntounto a good zeale. They alſo are contrariwiſe affected, which either be ſo blockiſh, as they bée not ſtirred vp with anie indeuour of good things, or elſe ſo corrupt, as they feare not to boaſt of their ſinnes and wickednes.
5 Wherefore the Nicodemits of our time are to be woondred at, In Rom. 10, verſe 1. The Nicodemits of our time. The fact of Naaman the Syrian verie ill cited.which obiect the hiſtorie of Elizeus and of Naaman the Syrian, to prooue that it is lawfull for them, ſo that they thinke well in their heart, to be preſent at vngodlie ſuperſtitions. For Naaman the Syrian, although he were newly conuerted, yet he vnderſtood that to be ſinne: and for that he had not as yet profited ſo well as to depart from his commodities, he deſired of the prophet that he would praie for him: 4. King. 5, 18which declareth that he iudged ſuch a ſinne to hauehave néed of pardon. Wherefore we conclude, that that zeale of the Iewes, whereof the apoſtle giueth a teſtimonie, was in verie déed ſin. And although it hauehave a ſhew of vertue, yet is it far from it. For as it is plaine by morall philoſophie, Vices and vertues are occupied about one & the ſame matter.that vertues & vices are one and the ſame, as touching the things whereabout they be occupied, but in forme doo much differ: as fortitude and feare, temperance and intemperance, iuſtice and iniuſtice. For one and the ſelfe-ſame affects, when they are by right reaſon bridled to a mediocritie, and when through vice they either want or excéed, differ not in matter, although the habits or qualities which are occupied about them, are much differing. And that which the philoſophers ſpeake of vertues, and of vpright reaſon, we ought alſo to tranſfer vntounto the holie Ghoſt, and faith giuen vntounto the ſcriptures.
And although in a good and euill zeale the affect be one & the ſame; yet is the difference moſt great, when it is gouerned by true knowledge and faith, and when it is gouerned of it ſelfe, and wanteth true knowledge. A ſimilitude.As the water of the ſea, and raine water, although they agrée togither in matter of moiſture; yet are they ſundred by very manie properties and differences. Theſe things hauehave I therefore alleadged, A good intent is not ſufficient to make the word good.to confute thoſe, which oftentimes defend wicked acts; for that they are doone of a good mind and purpoſe, or (as they ſaie) intent: as though euerie zeale were ſufficient to make the worke good. Whoſe opinion (if it were true) might eaſilie excuſe the Iewes, in that they killed Chriſt, & afflicted his apoſtles. For they beléeued, that by theſe meanes they defended the lawes of God, and ceremonies of their fathers. But the apoſtle ſaith otherwiſe, when he attributeth vntounto them a zeale, but yet a zeale ioined with error.
But when error lighteth in matters of faith, it is deadlie ſinne. Errors in matters of faith is deadly ſin.Wherefore let them well aduiſe themſelues what to ſaie, which ſo ſtoutlie defend works preparatorie. Doubtleſſe their meaning is nothing elſe, but that men, although before iuſtification they abſolutely worke not good works; yet by reaſon of a certeine vpright purpoſe and zeale of congruitie, they deſerue grace. Such works, forſomuch as they want true knowledge, which is faith, it followeth, that they be ſuch a zeale as the apoſtle ſpeaketh of. We denie not, but that God ſometimes vſeth ſuch our wicked works, to bring vsus at length by them to iuſtification: but that we our ſelues through them doo deſerue iuſtification, it is far from the truth. Goodlie works are ſomtimes a let vntounto ſaluation.Naie rather, it oftentimes commeth to paſſe, that ſuch works are a great let to ſaluation. For the philoſophers and Phariſeis being dronken and glutted with thoſe goodlie works, were ouermuch puffed vp; and for that they were maruelouſlie delited in themſelues, they ſetled themſelues in thoſe works; neither indeuored they to aſcend vntounto the true degrées of righteouſnes. Wherfore we are admoniſhed by the doctrine of Paule, that we ſhould not ſtraitwaie giuegive place vntounto zeale. We muſt not ſtreight waie giuegive place vntounto zeale.We muſt firſt trie and diligentlie examine it: for oftentimes vnderunder the goodlie ſhew thereof, lieth hidden verie great impietie; as it is manifeſt in the Iewes, which ſlue Chriſt, and perſecuted the apoſtles.
6 The Apoſtle giueth a rule, A rule to trie zeale.whereby we may be able to trie and examine our zeale, and that rule is this; to ſée whether we will be ſubiect vntounto God, whether we can abide that all things ſhould be attributed vntounto God, and claime nothing vntounto our ſelues, as the true knowledge of God requireth. There be a great manie in our daies, which as it were by a certaine zeale, labour to defend woorſhipping of images, pilgrimages, and other ſuch ſuperſtitious acts; vntounto whome, if a man manifeſtlie declare, that thoſe things are repugnant to the word of God, they will not be ſubiect vntounto it, but ſtraitwaie flie to the cuſtome of their elders, and to the helps of humane traditions. There be ſome alſo, which are mooued with a zeale to defend ſole life of the miniſters of the church: vntounto whom if a man doo ſhew, that the bed of matrimonie ought to be vndefiled in all men, Hebr. 13, 4, 1. Cor. 7.as it is ſaid vntounto the Hebrues (and it is written to the Corinthians; It is better to marrie than to burne; They which cannot liue continent, let them marrie; Let euerie man hauehave his owne wife, and euerie wife hir owne husband, to auoid fornication) they will not be ſubiect to this knowledge of the lawes of God, but doo bring foorth the fathers, councels, and humane inuentions. Whereby is plaine, what we are to iudge of this zeale of theirs. Doubtleſſe, it is a verie euill zeale, and onlie leaneth vntounto ſelfeloue, and giueth it ſelfe vntounto his owne things, and nothing regardeth the things that pertaine vntounto God. Such are the Monks, which preferre their inſtitutions, rules, and works before all other things which are commonlie doone of chriſtians, and much delight in contemning all others, in reſpect of themſelues.
With this blind zeale are the miſerable people euerie-where infected, whom the paſtors and preachers ought to ſuccour and helpe, in diſcouering their want of knowledge, & ſetting before them the true knowledge of the ſcriptures, and that of a ſingular affection, & true chriſtian merciemercy, wherewith they ought throughlie to be touched in ſo great diſſipation of churches, which of no man can be ſufficientlie lamented. It were néedfull to hauehave Ieremie to bewaile the calamities of the church. And from this merciemercy we ſhould go forward vntounto praiers, We muſt euen of merciemercy be mooued to fall to praiers. Rom. 10, 2. Luk. 23, 34. An example of Chriſt.as Paule ſaith he did: and in imploring the aid of God, we ought to record before GOD, that which Paule hath written; They hauehave zeale, but not according to knowledge. The verie which thing our Sauiour did vponupon the croſſe, when he praied; Father forgiue them, for they knowe not what they doo. Further, ſéeing we delight in the good morall works of men not yet regenerate, and are ſorie that they are not doone as they ought to be doon, we may thus gather: If theſe men diſpleaſe God, and are condemned, which yet of a good intent (as they ſpeake) doo theſe ſo honeſt things, when yet notwithſtanding they be void of true knowledge; what ſhall at the length become of vsus, which being indued with knowledge, liue ſhamefullie; yea euen againſt our owne conſcience? They can pretend a zeale, but we wretches, what excuſe ſhall we make, ſéeing we profeſſe the goſpell?
The Iewes had not the zeale of God.Howbeit this muſt not be ouerpaſſed, that the Iewes, of whom the apoſtle ſpeaketh, had not, if we ſhall ſpeake properlie, the zeale of God. For there hath not béene at anie time, nor euer ſhall be, anie true God, which will hauehave the lawe of Moſes to be defended againſt Chriſt and his goſpell. Wherefore they abuſed the name of God, when as they defended not him, but rather their owne opinions. The Turks worſhip not the true God, and why?As the Turks alſo, although they boaſt that they worſhip and call vponupon the true God; yet they lie. For there is no where ſuch a God, which hath not one Lord Ieſus Chriſt, and the holie Ghoſt, of one and the ſame ſubſtance with him: which, forſomuch as they take awaie from the God, whom they worſhip, they worſhip their owne inuention for God, and doo fight, and are zealous for it, and not for the true God. The ſcriptures oftentimes name things, not as they are, but as they ſeeme to be.But Paule ſpake according to the accuſtomed maner of the ſcriptures, which oftentimes name things, not as they are, but as they ſéeme to be. Séeing therefore that thoſe thought that they were mooued with the zeale of the true God, and that they did not for anie other cauſe enter into theſe zeales, but for that they thought them to be acceptable vntounto God; therfore Paule ſaith, that they had the zeale of GOD, when yet they were deceiued. For if they had béene kindeled with the zeale of the true God, they would neuer hauehave reſiſted Chriſt. Wherfore in Iohn the Lord ſaid excellentlie well vntounto thoſe, which boaſted that they would beléeue Moſes, and not him; If ye beleeued Moſes, Iohn. 5, 46.ye would beleeue me alſo, for he wrote of me. Wherefore Chryſoſtome hath wiſelie noted, that Paule gratified the Iewes, but yet in words onelie.
Of Preſcription and Cuſtome.
7 We gather out of the hiſtorie of the Iudges, that the right of preſcription is no new thing, In Iud 11, verſe. 12.but hath béene planted in the harts of men by GOD himſelfe: and for what cauſe it was found out, I will declare in few words. Why the law of preſcription was broght in.It may be, that a man vnwittinglie poſſeſſeth the goods of another man: as for example. There is an heire, which ſuccéedeth him that is dead, & among his goods hée findeth ſome things, that were wrongfullie held of him, or kept in pawne, while he liued; which he not knowing of, poſſeſſeth all thoſe things with a ſafe conſcience: and thus ignorantlie & vnwittinglie he holdeth other mens goods in ſtead of his owne. What then? Shall the heire neuer ſéeke the iuſt poſſeſſion thereof? If the right owner neuer make claime to his own, ought the ignorant to defraud the heire for euer, that he ſhould neuer poſſeſſe it againe as his owne? Doubtles, if the owner doo neuer demand againe that thing, it muſt be aſcribed to his owne ſlouth, ſluggiſhnes, and negligence. Wherefore in deteſtation of ſuch ſlouthfulnes, in the fauour of good dealing, and laſtlie for publike quietnes ſake, the lawe of preſcription hath béen deuiſed. This lawe did Iephtha vſe againſt the Ammonites; Iudg. 11, 12.We hauehave poſſeſſed this land (ſaith he) three hundred yeeres; wherefore dooſt thou then diſquiet and trouble vsus? Vnles there ſhould be ſome certeine time preſcribed, within which ſpace, and not beyond, things may be claimed againe, the titles of all things would be vncerteine: which is excéedinglie repugnant to the affaires of men; wherefore this inconuenience is preuented by the right of preſcription. A definition of preſcription.And it is defined in the digeſts, De vſu capionibus, lawe the third; that it is a claime of dominion, through the continuance of poſſeſſion, during the time appointed by the lawe. The definition is plaine and manifeſt. But at this daie they make a difference betwéene preſcription, and that which they call Vſucapio; when as neuertheles in the digeſts, among the old lawiers, there was put no difference. Theſe (ſo far as I remember) began firſt to be ſeparated in the time of Antoninus Pius: The difference betweene preſcription & Vſucapio.ſo as Vſucapio takes place in things mooueable, and preſcription in things immooueable. But thus much by the waie.
But in the hiſtorie of the Iudges it is to be noted, that Iephtha did wiſelie place his arguments: for he vſed not preſcription in the firſt place, but before all things he obiected the lawe of armes; afterward the gift of the true God: and the cauſe being thus confirmed, at the laſt he vſed the right of preſcription, bicauſe a continued poſſeſſion dooth not by it ſelfe and alone preſcribe, but it hath néed of a good title, What is required vntounto the lawe of preſcriptiō.and of a good conſcience. A good title is, that the thing be orderlie and lawfullie come by. For he that hath gotten anie thing by theft or robberie, although he hauehave long enioied the ſame; yet he may not claime it by preſcription: but if the title be good, the dealing plaine, and a continuance of time had withall, the preſcription is firme and good. If we hauehave gotten anie thing, either by bargaine, or by frée gift, or by inheritance, or by other like meanes, the title is good. But beſides, there muſt be good dealing, whereby we may teſtifie in our conſciences, that no mans right is iniured, and that we knowe there is nothing that by iuſt meanes ſhould let vsus. Wherefore Iephtha had a good title, to wit, the law of armes, and the gift of God. He poſſeſſed it alſo by good dealing, for he was not guiltie either of fraud or of robberie, and therefore he verie well vſed the lawe of preſcription.
But the time of preſcription in things mooueable, is by our ciuill lawes, The time required for preſcription.the ſpace of thrée yeares; but in things vnmooueable, ten or twentie yeares, if ignorance be not the cauſe thereof. For if the owner ſhall know the thing to be his, which another man poſſeſſeth, and yet ſo long holdeth his peace, he can not afterward demand it againe, and the lawe ſéemeth iuſtlie to puniſh ſuch negligence. But if the owner ſhall not knowe of his intereſt, the time is deferred, namelie to thirtie or fortie yeares; and this is done, when there is no ignorance in the caſe, and that one poſſeſſeth for himſelfe, and not for another, otherwiſe it is no preſcription. Howbeit, this we muſt conſider by the waie, that the eccleſiaſticall rules touching preſcription, doo differ from the ciuill lawes. For they (as we hauehave ſaid) appoint thirtie yeares, although the poſſeſſor hauehave not dealt well; for they decrée, that fraud ſhall be no let vntounto preſcription. But as wée reade in the ſixt De regulis iuris, in the chapter Poſſeſſor; A poſſeſſor which holdeth by ill dealing, preſcribeth not by length of time. For wée muſt hauehave reſpect to the word of God, and conſider with what conſcience a man poſſeſſeth anie thing.
8 Now I thinke it fit to ſpeake ſomwhat of cuſtome, yet bréeflie, bicauſe the ſame hath ſome affinitie with preſcription. And bicauſe our aduerſaries make much adoo about that, and would vtterlie oppreſſe vsus with cuſtoms, the ſame ought to be agréeable vntounto reaſon, and be lawfullie preſcribed, as we hauehave it in the Extrauagants De conſuet. the laſt chapter. The ciuill lawes aſſigne vntounto cuſtome the ſpace of ten or twentie yeares, and the canons thirtie or fortie yeares: but moſt firme is that cuſtome, The moſt firme cuſtome for preſcription. No cuſtome can preſcribe againſt the law of God.whoſe beginning is time out of mind. And it ought to be taken for a ſure rule, that whatſoeuer is repugnant to the word of God, doth by no meanes preſcribe. And therefore, whereas the Papiſts doo pleade, that the Communion hath bin giuen to the laitie vnderunder one kind, by the ſpace of four hundred or fiue hundred yeares, ſéeing that is manifeſtlie againſt the word of God, they cannot prooue that it is preſcribed by cuſtome: for ſuch a thing is not as (I may ſaie) preſcriptible. For the verie which cauſe, they cannot alledge a cuſtome preſcribed, as touching the ſole life of miniſters. For euen at the firſt it was enforced by violence, and it is againſt the word of God. Hoſtienſis.And yet Hoſtienſis ſaith, that The power of cuſtome is ſo great, as it conſtreineth prieſts to ſole life: In the diſtinct. 23. in the chapter Placuit. Howbeit, as the ciuill lawes decrée, A naughtie cuſtome that contendeth with …, or common right. Matth. 15, 3.That cuſtome which contendeth either with nature or publike right, is a naughtie cuſtome. But that which I hauehave affirmed, hath foundation in the word of God. For when Chriſt ſaid to the Phariſies; Yee hypocrites, why doo ye breake the commandements of God for your traditions ſake? for God ſaith, Honor thy father and thy mother: but yee ſaie; Whoſo ſhall ſaie to his father or mother; By the gift that is offered by me, &c. They might hauehave preſcribed vntounto him cuſtome, but that was not lawfull in a thing quite contrarie to the word of God.
9 There was a cuſtome in the region of Taurus, to kill ſuch as were ſtrangers and gheſts. Among the Perſians, the cuſtome was neuer to deliberate vponupon graue and weightie matters in counſell, but in feaſts and dronkennes. The Sauromates had a cuſtome among their cups, that while they were drinking, they ſold their daughters. Theſe preſcribe not, ſéeing it appeareth manifeſtlie, that they are naught and vicious: but that cuſtome preſcribeth, which is neither againſt the word of God, nor the lawe of nature, nor yet the common lawe. For the right of cuſtome commeth of the approbation, and ſtill conſent of the people. For otherwiſe, why are wée bound vntounto lawes, but becauſe they were made, the people conſenting and allowing of them? And this is onlie the difference betwéene cuſtome and lawe, What is the difference betweene cuſtome and lawe.that there is a ſecret conſent in the one, and an open conſent in the other: wherefore ſuch cuſtoms cannot be reuoked without danger. Ariſtotle in his Politiks admoniſhed, Ariſtotle.that Men which hauehave learned to doo things with the left hand, ſhould not be conſtreined to vſe the right; ſo that in things indifferent, and of no great importance, cuſtom muſt be reteined ſtill.
There is an old prouerbe, foreign, that is, Lawe and countrie. For euerie countrie hath certaine cuſtoms of his owne, which cannot eaſilie be changed: but yet (as I ſaid) when they impugne the word of God, or nature, or common lawe, they doo not preſcribe, for then they be not cuſtomes, but beaſtlie cruelties. It is well ſet foorth in the digeſts, De legibus & ſenatus conſultis, In the lawe De quibus: Cuſtome without reaſon is of no force. And in the decrées, diſtinct, the eight, in the chapter Veritate, Auguſtine.Auguſtine ſaith; When truth is tried out, let cuſtome giuegive place: let no man be ſo bold as to prefer cuſtome before reaſon and truth. And in the next canon Chriſt ſaid; I am the waie, the truth, and the life: Cyprian.he ſaid not, I am cuſtome. Cyprian in his epiſtle againſt the Aquarians ſaith; Let all cuſtome, though neuer ſo ancient, giuegive place vntounto truth. For otherwiſe Peter, when he was reprehended by Paule in the epiſtle to the Galathians, Gala. 2, 14.might hauehave pleaded cuſtom; but he rather aſſented, that cuſtome ſhould giuegive place vntounto the truth. Cyprian in the ſame epiſtle againſt the Aquarians ſaith, that Cuſtome without truth is but oldnes of error; and the more it is reteined, the more gréeuous it is. Wherfore let the Papiſts ceaſe to brag of their cuſtomes, which be full both of error and vngodlines.
What deth eſtabliſh cuſtome.10 Moreouer, for eſtabliſhing of a cuſtome, it is not ſufficient that ſome thing be done of ſom men, or that it be often doone; vnles it be ſo doone, that it be receiued into a vſe and an ordinance to be obſerued. For there be manie things doone either vnaduiſedlie, or of neceſſitie; and yet we would not hauehave them to be drawne into a cuſtome. In the digeſts De itinere & actu priuato, lawes the firſt and laſt: Admit I go through the field once, twiſe, or thriſe; bicauſe the high waie perhaps is foule: in that I ſometimes paſſe too and fro through thy grounds, doo I therefore get a right of lordſhip or ſeruice therein? No verelie: neither was it my purpoſe to paſſe through thy field to anie ſuch end, but I was compelled thereto of neceſſitie. In the decrées, diſtinction the firſt, in the chapter Conſuetudo, cuſtome is ſaid to be a certeine right inſtituted by manners; What is cuſtome.which is taken for a lawe, where lawe it ſelfe faileth. It is requiſite, that this ſhould be a lawe, and made for manners: eſpeciallie in the firſt times of the church, when tyrants perſecuted chriſtian religion; & that godlie men, through feare, were driuen from houſe to houſe, & conſtrained to aſſemble togither in houſes and ſecret places by night. Secret meetings.But if we would now in theſe daies worſhip God after that maner, the church being ſetled; both we ſhould ſéeme verie ridiculous and intollerable. For they did not ſo, to the intent they might drawe it vntounto a cuſtome, or that it ſhould be an ordinance for others to followe.
Ambroſe, when he was a nouice yet in the faith, was choſen biſhop of Milan; ſo was Nectarius of Conſtantinople; Ambroſe being Catechrimenus was choſen biſhop. …o was Nectarius.and perhaps other: yet is it not lawfull for vsus now to followe the ſame cuſtome, and to chooſe a biſhop, who neither hath béene conuerſant in the holie myſteries, nor yet hath béene baptiſed; howbeit they did ſo: they did it in déed, but yet compelled of neceſſitie, bicauſe they had not other men both of learning and credit, An anſwer vntounto the example of Euſebius.whom they might oppoſe againſt the Arrians. So is that eaſilie confuted, which they are woont to bring out of the hiſtorie of Euſebius, for communicating vnderunder one kind: namelie, that Serapion ſent his boie, and bad him moiſt the bread in wine. Indéed I might expound that place otherwiſe; but it ſhall ſuffice for this time to ſaie, that it was not ſo doone then, to the intent a cuſtome ſhould be drawne thereof for others to followe. Wherefore cuſtome is not made by examples, but by the aſſent, approbation, Cuſtome is not made by examples, but by approbation of the people.and ordinance of the people: otherwiſe there are in manie places droonkennes, and riots by night; but ſéeing theſe things are not allowed of the people, as ordinances to be kept, they hauehave not the force of cuſtome.
11 And that the matter may the better be vnderſtood, I will bring a definition of cuſtome, Another definition of cuſtome. Hoſtienſis.which I found in Hoſtienſis, in the title De conſuetudine; It is an vſe (ſaith he) agréeable to reaſon, and allowed by a generall ordinance of them that vſe it, whoſe beginning is time out of mind; or elſe, which is by a iuſt time preſcribed and confirmed, ſo that it be by no contrarie act interrupted, but allowed by a *That is, when one part alledgeth cuſtſtome, and the other denieth it, if ſentence be giuen on the behalfe of cuſtome, the ſame cuſtome is confirmed.contradictorie iudgement. And this dooth Hoſtienſis thinke to be a perfect definition. But whereas he ſaith, that that vſe ought to be agréeing with reaſon; that is not inough: but this ought firſt to be preferred, that it muſt be agréeable to the word of God. For that is to be accounted for the chéefeſt reaſon; and afterward let it be allowed by the inſtitution of the people: for it is not ſufficient, if ſomething be doone either raſhly, or of neceſſitie, or for ſome other cauſe; but it muſt alſo be allowed by the aſſent and inſtitution of the people, and that the beginning thereof be time out of mind, and that it be preſcribed by a iuſt and determinate time in the lawe, being not interrupted by anie contrarie act.
*Note.For if a iudge or prince ſhall giuegive iudgment againſt cuſtome, then cuſtome is broken. As it alſo commeth to paſſe in preſcription, when a man is caſt out of his poſſeſſion, or when a matter is called into ſute of lawe, & the iſſue ioined, preſcription is broken. Alſo the allowing of contradictorie iudgement muſt be had, (that is, that when one part alledgeth the cuſtome, and the other part denieth it) if ſentence be giuen on the behalfe of cuſtome, cuſtome is confirmed. But all theſe things (as I ſaid before) muſt be reduced to the rule of Gods word. Onlie this ſéemeth now méet to be added, which is in the Extrauagants De conſuetudine, A cuſtome burdenſom vntounto the church muſt be reiected.chapter 1. that A cuſtome cannot be ſuffered, if it be burdenſome vntounto the church. Alſo Auguſtine complained that in his time, there were ſuch a number of new rites and ceremonies ſprong vp, that the church was gréeuouſlie burdened, and that the ſtate of chriſtians at that time was nothing at all more tollerable, than in old time the ſtate of the Iewes. The ſame exception doo we alſo take againſt our aduerſaries, that the church ſhould not be ouerburdened. This is their owne lawe; why doo they not acknowledge their owne words?
In Rom. 3, verſe. 21. Rom. 1, 2.12 Paule diſputing in the third chapter of the epiſtle to the Romanes of the righteouſnes of faith, added, that the ſame hath teſtimonie both of the lawe and of the prophets: which he therefore ſaith, bicauſe that the doctrine, which he ſet foorth, might ſéeme to be new and latelie ſproong vp. Newnes muſt be remooued from the Goſpell.But in the Goſpell, newnes muſt ſpeciallie be ſhunned, and therefore he teſtifieth in euerie place, that the Goſpell is ancient, and was ordeined of God from the beginning. And at the beginning of the epiſtle, he wrote, that God promiſed the ſame by his prophets in the holie ſcriptures. And at this daie, the controuerſie betwéen vsus & our aduerſaries is, as touching doctrine; while they affirme, that we bring in new things, and that themſelues doo cleaue faſt to the ancient doctrine. But we learne of the Apoſtle, how this cōtrouerſie may be determined. *What doctrine is old, and what is new.Aſſuredlie, that doctrine is old and ancient, which hath teſtimonie from the lawe and the prophets, that is, of the holie ſcriptures: but that ſhall be iudged new, whereof there is no mention in them. They erect the Maſſe, The popiſh is new, for that it hath no teſtimonie of the ſcriptures.where onlie one man doth communicate for others that doo ſtand by. This hath no teſtimonie in all the whole ſcriptures.
We affirme, that the ſupper of the Lord ought to be common vntounto the faithfull; which is moſt manifeſtlie ſhewed by the inſtitution thereof, as we hauehave it in the Goſpels, and in Paule. Theſe men deliuer vntounto the laitie the ſacrament of Chriſtes bodie, Matt. 24, 26. 1. Cor. 11, verſe. 24.halfe maimed and vnperfect. This doubtles, they not onlie hauehave not out of the holie ſcriptures, but plainelie againſt the ſcriptures. They mainteine inuocations of the dead, which they are not able to confirme by the ſcriptures; They driue the cleargie from matrimonie; They defend purgatorie; They reteine images; They vſe ſtrange toongs in the diuine ſeruice, choiſe of meates and garments, ſhauings, annointings, and an infinite number of ſuch like things they obtrude vponupon vsus, as neceſſarie to the woorſhip of God, and that altogither without teſtimonie of the ſcriptures. Let them learne out of Paule, which minding to teach the righteouſnes that commeth by Chriſt, ſaith, that It hath teſtimonie of the law and the prophets, and not that it was deuiſed by himſelfe. But the doctrine of theſe men aduanceth impietie: for they bring in the inuentions of men, in ſtead of neceſſarie woorſhipping of God; which hauing no teſtimonie out of the ſcriptures, The reaſon why newnes in religion muſt be auoided. Deut. 12, 32.muſt of neceſſitie be new.
And the reaſon why it behoueth in religion to beware of newnes, is; for that God commandeth in Deuteronomie, that none ſhould either adde too, or take awaie anie thing from his cuſtomes and commandements. Yea and Plato himſelfe in his lawes and common-weale forbad, that nothing ſhould be made new in things which belonged vntounto religion. No doubt, Mens laws may bee changed.but the lawes of men may be altered, bicauſe the fourme of a common-weale is ſometimes altered. Neither doo thoſe lawes which ſerue for a kingdome, ſerue alſo for the gouernement of a Signiorie & a Common-weale of the vulgar people. Moreouer, ſéeing lawe-makers are but men, they cannot perceiue all things that ſhould be done. And manie chances doo happen euer among, for the which it behooueth both to amend and change lawes. And as in arts, ſomething hapneth in euerie age for the more perfecting of them: ſo lawes likewiſe now and then, by ſucceſſe of times are amended, and reduced to a better fourme. But none of theſe things takes place in the lawes of God. For as touching the Church, ſhe altereth not hir fourme. The outward gouernment of the church altereth not the fourme.It is alwaies one manner of common-weale, and nothing is hidden from the vnderſtanding of God the author of the lawes; he foreſéeth all things, neither is his knowledge augmented by the ſucceſſe of time. Wherefore there is no cauſe why men ſhould attempt to alter anie thing in his word.