Commentary on Romans, Biblical exegesis 2 · Chapter 13 · Section 6
Arguments against the Lordship per amount of the Pope aboue Kings and Princes.
1. Our blessed Sauiour doth restraine his Apostles from all worldly gouernment, Matth. 20.25. Luk. 22.25. The kings of the nations hauehave dominion ouer them, &c. but it shall not be so with you, &c. If no Lordly dominion be permitted them ouer others, much lesse ouer Princes.
Bellarmine answereth, that he doth not simply forbid them to beare rule, but foreign, to tyrannize, or beare vnlawfull rule. Contra. The word foreign, and the other compound, are vsed by the Euangelists in the same sense: the simple verb S. Luke hath, the compound, S. Matthew; therefore all kind of temporall rule is simply forbidden them.
2. As our blessed Sauiour by precept restraineth all worldly dominion in his Apostles and their successors, so by his owne example he confirmeth the same: When he was asked concerning his kingdome, he answered, it was not of this world, Ioh. 18.36. when he was desired by certaine brethren to diuide their inheritance, he saide, Who made me a Iudge among you? Luk. 12. when they sought him to be a king, he fled into the mountaine, Ioh. 6. of the which fact of our blessed Sauiour, Tertullian thus writeth, de Idolol. c. 18. quae noluit, reiecit, quae reiecit, damnavit, in pompa diaboli deportavit, &c. what he would not hauehave, he reiected, what he reiected he condemned, and counted the deuills pompe, &c.
Bellarmine answereth, that Christ tooke vponupon him onelyonly the person of an Ecclesiasticall, not of a temporall Prince. Contra. If Christ then assumed not the person and office of a temporall Prince in earth, what warrant hath the Pope, who challengeth to be Christs Vicat in earth to arrogate more, then Christ himselfe tooke vponupon him.
3. S. Peter alloweth not Pastors to be Lords ouer Gods heritage, 1. Pet. 5.3. that is, the Church of God, ouer the which they are set: then much lesse ought they to be Lords ouer kings and Princes, vntounto whome they should be subiect.
4. S. Paul forbiddeth the Pastors to encumber themselues with the affaires of this world: as he saith, 2. Tim. 2.3. No man that warreth, entangleth himselfe with the affaires of this life: but for the Pope and his Bishops to domineere in temporall things, were more then an entangling of them, it maketh them madde and drunken with worldly ambition: Ergo.
Bellarmine hath here a very simple euasion, that by the affaires of this life, the Apostle meaneth busines about victuall. Contra. The soldiers did thus busie themselues in prouiding victuall, and S. Paul also laboured with his hands for his liuing: this then is not the encumbrance or entangling here spoken of.
5. This hath beene the consonant doctrine of the auncient Fathers, that the Ecclesiasticall Pastors should not arrogate to themselues any temporall or civill Dominion.
Tertullian saith, lib. de idol. c. 8. Christus gloriam seculi, sibi & suis alienam esse iudicavit, Christ iudged the glorie of the world, not to be meete for him or his.
Hilarie ad Auxent. Oro vos Episcopi, &c. anne aliquam sibi è palatio assumpserunt dignitatem, I pray you Bishops, &c. did the Apostles assume vntounto themselues any dignitie of the palace, &c.
Chrysost. hom. 42. in Ioan. Christus fugit, vt ostenderet suum regnum nullis secularibus rebus indigere, Christ fled, to shew, that his kingdome needeth no secular matters.
Ambros. in 2. Timoth. 2.4. non convenit vnum duplicem habere professionem, &c. it is not fit, that one man should hauehave a double profession.
Bernard. de considerat. lib. 2. c. 4. The Apostles were forbidden to beare rule: ergo tu vsur…ore audes, aut Dominus Apostolatum, aut Apostolicus Dominatum, plane ab vtro que prohiberis, si vtrun que simul habere voles, perdes vtrun que , &c. wilt thou vsurpe then, either a Lord to be an Apostle, or Apostolike to be Lordly, thou art forbidden both, if thou wilt hauehave both, thou loosest both. See further of this Controv. Synops. Papism. Centur. 1. err. 51.
3. Controv. That the tyrannie and idolatrie of the Pope may be gainsaid, and resisted.
In the deciding of this Controversie, three kind of persons must be considered, the priuate, the publike which are Ecclesiasticall, as Pastors and Ministers, and the publike Ciuill, the Magistrate.
1. Concerning priuate persons. 1. they may and must resist the idolatrous proceedings of the Pope, by denying their obedience: as when he commandeth and enioyneth any thing in the seruice of God contrarie to his word, or forceth men to subscribe and consent to his abominations: in this case the rule and practise of the Apostles is to be followed; it is better to obey God then man, Act. 4.19. 2. they may also escape by fleeing from the Popish tyrannicall persecutions, if they be not otherwise tied by the necessitie of their calling: for so our blessed Sauiour gaue his Apostles libertie, if they were persecuted in one citie to flee vntounto an other. 3. but yet it is not lawfull for priuate men to vse resistance by the sword and force of armes, where Poperie is maintained by the Ciuill authoritie: for this were to vsurpe vponupon the office of the Magistrate: but where Poperie is not countenanced by the ciuill power, priuate men may vse resistance.
2. Concerning the dutie of Pastors and Ministers: it is their part to resist the Popes tyrannie, not by armes and the sword, which is not committed vntounto them, but by the preaching of the Gospel, in setting forth the truth, conuincing the gainsayers of error, and in exhorting the people to beware of the false doctrine of Antichrist. 1. Pastors are the shepheards of the flocke, they must take heede vntounto it, to keepe away the wolues, Act. 20.28. but the Pope is a wolfe, and seeketh to deuoure Christs sheepe. 2. the preaching of the word is that meanes, which God hath appointed, to confound Antichrist with, euen with the spirit of his mouth, 2. Thess. 2.8. and the two witnesses, which shall prophesie against Antichrist, are the faithfull preachers, which should restoare the light of the Gospel.
3. Touching the authoritie of Princes: It is their part and office, to resist the Popes tyrannie by the sword, in rooting out idolatrie, weeding out his Seminaries and seedes-men, and in restoaring true religion, and the Church of God to her former integritie and libertie. 1. for so their calling is to be a terror vntounto euill works, and a praise vntounto good: but the works of Antichrist, are wicked and abhominable. 2. Princes are commanded to render vntounto the whore, as she had done to them, and to recompence her double, Revel. 18.6. this is their warrant, the commandement of God. 3. and it is prophesied and foretold, that the Princes shall hate the whore, and make her naked, deuoure her flesh, and consume her with fire, Rev. 17.16. This prophecie shall not fall to the ground; and Princes for their part must endeauour to make it good.
4. Controv. Whether the ciuill Magistrate hath any power or authoritie in matters of Religion.
Because there is a great question mooued betweene the Romanists and vsus, concerning the power of the Ciuill Magistrate in causes Ecclesiasticall, and in religious affaires, first of all it is necessarie, that the state of the question be considered: which shall be deuided into certaine propositions of two sorts, first generall touching the foundation and institution of Kings and other superiour Magistrates, and then more particular, of the execution of their office.
1. There is in the Commonwealth, a superior authoritie, called architectonica, as the framer and chiefe builder of the Commonwealth, to the which it belongeth to institute and ordaine lawes, and to see that iustice be exercised according to those lawes: this beeing the supreame and highest authoritie, can not be in subiects, and so not in the Ecclesiasticall persons, but in the king onelyonly.
2. To this power, it belongeth to prouide for the good in generall, that belongeth to the subiects, whether it be ciuill or spirituall: for the good of the subiects is the intendment of the lawmaker.
3. Yet least this power should erre in making of lawes, it receiueth direction for the ciuill lawes, from the rule of equitie and prudence, confirmed by experience; for Ecclesiasticall lawes, from the word of God.
4. VnderUnder this supreame authoritie, there is the Ciuill, and Ecclesiasticall power: but not alike: the Ciuill is simply inferior vntounto it, altogether depending of it, but the Ecclesiasticall, though it be subiect vntounto it, in respect of the externall policie, yet in respect of the obiect, which is spirituall, the word of God, and of that direction, which it giueth out of the same to the magistrate, it is not simply inferior as the other.
4. This supreame architectonicall power, though properly it be ciuill in respect of the obiect, acts, condition, and state thereof, yet in some sort it is also an Ecclesiasticall power, as it hath ouersight also of the Church.
5. This princely power, though it hauehave the ouersight and chiefe care of Church and Commonwealth, as the chiefe steward, and disposer: yet it can not execute all the offices and functions belonging to either: as some it can not excuse, ob defectum facultatis, for want of facultie and skill, as to minister Physick, to teach in schooles: some, for the defect of dignitie in the things themselues, which beeing base are not incident into the maiestie of the King, as to digge, to plow, and such like: some, propter defectum iuris, for the defect of lawfull right and calling, as the Prince is not to preach the word, to conferre orders, to minister the Sacraments, because he is not thereunto called nor appointed.
6. This supreame and Princely power, though it be incident both to the Christians and Pagane magistrats, yet it is so much the more perfect in a Christian gouernment, in as much as both of himselfe, by the light of nature, and in himselfe by direction from others in ciuill things, and by illumination of Gods spirit within, and iustruction without in spirituall matters, he hath better vnderstanding.
Now concerning the execution of this supreame and princely power, these propositions are to be maintained, which are without any controversie.
1. Princes ought not onelyonly to take care about the affaires of the Common-wealth, and to be altogether carelesse of religion, but euen vntounto Ecclesiasticall affaires, and matters of religion, they ought to extend their Princely care and watchfulnes. 1. the Prince is the minister of God for our good: but the good of the subiect, is not onelyonly ciuill and temporall, but spirituall concerning religion. 2. euen the heathen did ascribe vntounto their kings a principall care euen of religion: whereupon the Emperors of Rome were styled, Pontifices maxi…i, the high Priests or Prelates: and Aristotle writeth, lib. 3. politic. c. 10. that the Lacedemonian kings, had the command of warre, & rei divinae cultum exercuisse, and did exercise diuine worship, vnlesse they were such sacrifices, as were necessarily to be done by a Priest: that therefore, which by a common consent of nations was giuen vntounto kings, ought not to be denied to Christian Princes. 3. the care of religion otherwise concerneth the Prince, rather then priuate persons: these onelyonly are to wish well vntounto it, and to accept of it, but the Prince ought to be an agent: without whose power nothing can be effected publikely for the maintenance of religion.
2. It belongeth to the Imperiall power to maintaine true religion, and to see that no confused mixture of religions be admitted: for this is giuen as a reason in the time of the Iudges, why some followed idolatrie and strange worship, because there was no king in Israel, but eueryevery one did that which was good in his owne eyes, Iudg. 17.4. if there had beene then a king, they should not hauehave beene suffered eueryevery one to follow their owne fansies.
3. Christian Princes are by their laws and edicts to restraine all blasphemie, idolatrie, heresie, sacriledge, and such like: because Princes are to be feared for euill works: their office is to restraine euill works whatsoeuer, such as these are: and they are appointed to procure the good of their subiects, and consequently to take out of the way all impediments, which may hinder their good, such as these are: the Romanists graunt thus much, that the Princes by their lawes should prouide against heresie, but they will exclude the Prince from all iudgement of heresie, which must be in their opinion determined onelyonly by the Church: but of this matter more shall be said afterward.
4. The Ciuill Magistrate is not to assume vntounto himselfe, or take vponupon him the execution of any Ecclesiasticall function, as to preach, to binde, or loose, to minister the Sacraments: because they are not thereunto called, and without a calling none are to intrude themselues into those ministeriall functions, Hebr. 5. the examples of Ieroboam, who would hauehave sacrificed, and his hand withered, 1. king. 13. and of Vzziah, who attempted to hauehave offered incense, and was therefore stricken with the leprosie, 2. Chron. 26. doe teach kings to keepe themselues within the limits and bounds of their callings.
5. Neither hath the Prince authoritie in matters of religion, concerning the worship of God, and the doctrine of faith, to appoint, what it pleaseth him, but he must therein be directed by the word of God: for this was the sinne of Ieroboam, that set vp two golden calves of his owne invention: and if it be not lawfull for the Ecclesiasticall gouernors, whose speciall charge is about religion, to bring in their owne inuentions, as Aaron sinned in setting vp a golden calfe, much lesse may the Ciuill powers presume that way. Three things are signified vnderunder the name of religion, and religious matters. 1. the doctrine of the Church. 2. the discipline and gouernment in generall, that there should be Pastors and teachers in the Church: neither of these are to be swaied by the Prince, but they are to be directed by the word. 3. but the speciall oeconomie of the Church, as touching the number of the Pastors, and who ought to be appointed thereunto, this appertaineth to the care and office of the Magistrate.
6. Princes are bound, to hauehave the ministers and Pastors of God in reverence, because they are the Embassadors of Christ, 2. Cor. 5.20. and to see them sufficiently maintained: because the labourer is worthie of his hire, and it concerneth the spirituall good of these subiects, that sufficient Pastors should be prouided for them, to minister vntounto them spirituall foode: and besides, they must submit themselues to the doctrine, precepts, and exhortations deliuered by the Pastors out of Gods word: as Dauid gaue eare vntounto Nathan, and suffered his reprehension: and our blessed Sauiour saith, he that heareth you, heareth me, &c. All these propositions are not at all controverted betweene our adversaries the Papists, and vsus: thus then standeth the state of the question:
7. The office of the Prince is, as in Ciuill matters to prouide all things concerning the ciuill good of the subiect, to see that right and equitie be maintained; so also to take care touching their spirituall good, that true religion be continued and taught in the Church, according to the word of God: vntounto the which care and charge belong these particulars.
1. The Prince in himselfe, and for his particular, is to take knowledge and to vnderstand true religion, to be able to discerne it from error, and false worship, and to this ende to be exercised himselfe in the law and word of God, Deut. 17.19.
2. Then it is his part, to cause to be set downe a perfect forme of religion and Ecclesiasticall gouernment, squared out according to the line of truth, and rule of Gods word, and by godly lawes to establish the same: as Iosias did, 2. king. 23.3.
3. He must also see, that sufficient and able Pastors be prouided for the Church, which may instruct the people in the waies of God, as Iehosaphat did, 2. Chron. 19.8.
4. Further, the Princes care must be, to see that these Pastors doe their dutie in preaching true and sound doctrine, and in administring discipline vprightly: as Dauid appointed the Levites their offices, 1. Chron. 16.
5. And the Prince is also to remooue ignorant, erroneous, and delinquent Pastors, and to see vice duly punished; as Salomon remooued Abiathar from the priesthood: to appoint Councells and Synods to that ende, for the redresse of enormous faults. The state of the question beeing thus propounded, we will first see how it is impugned by our adversaries, and examine some of their arguments.
1. Stapleton thus prooueth that the Prince hath no power in Ecclesiasticall matters,Stapl. repetit. schol. contr. 2. qu. 5. art. 1. because the sheepe hauehave no iurisdiction ouer the Pastor: but the Magistrate is of the number of the sheepe: Ergo.
Ans. 1. There is a double Ecclesiasticall powers: one is properly and simply so called, which consisteth meerely in Ecclesiasticall matters, as in preaching the word, administring the discipline of the Church: this power belongeth onelyonly to Ecclesiastikes: there is an Ecclesiasticall power improperly so called, which is ciuilly exercised about Ecclesiasticall persons and causes: and this is in the Ciuill magistrate: so Constantine said, vos estis Episcopi in ecclesia, ego extra ecclestam sum Episcopus à Deo constitutus, ye are Bishops within the Church, I also without the Church, am a Bishop appointed of God: Euseb. lib. 4. c. 24. de vit. Constantin. 2. As Princes are sheepe, to be ordered and directed by the word of God, so they hauehave an Ecclesiasticall power: but they are Pastors also in regard of their gouernment, and the Ministers, as subiects, and so sheepe also vnderunder the magistrate: and thus Princes hauehave an Ecclesiasticall power.
2. Argum. That which neither the Emperors would euer assume vntounto themselues, nor the Church giuegive vntounto them, no way belongeth vntounto them: but to be Iudges of Ecclesiasticall matters, neither they challenged, nor the other yeelded: Ergo: for proofe of the precedent part, is alieadged how Theodosius the Emperor said, illicitum esse Imperatorem se interserere ecclesiasticis tractatibus, that it is not lawfull for the Emperor to enterpose himselfe in Ecclesiasticall affaires: Cyril. tom. 4. epist. 17. Hilarius writ to Constantine the Emperor, vt indices non vsurpent cognoscere causas Clericorum, &c. that the Iudges vsurpe not vponupon thē to take cognizance of the causes of Clergie men, &c. Ambrosius refused to dispute with Auxentius the heretike before Valentinian the Emperor, of the orthodoxall faith, &c.
Ans. 1. It is vntrue, that the Emperors assumed no such Ecclesiasticall power to themselues: for Constantinus both called together the Bishops to that great assembly of the Nicene Councell, prescribed them a rule of their conference to decide all controversies by the Scriptures: and he himselfe sate among them, and iudged the causes with the rest, and did by his lawes establish and command to be obeied the things there agreed vponupon, as Eusebius witnesseth, lib. 3. c. 12. Theodosius must be vnderstood to speake, of matters meerely and absolutely Ecclesiasticall, as of the doctrine of faith, and therein the Ciuill power is not to giuegive rules of faith: so also must Hilarie be vnderstood: if he meane otherwise Chrysostomes iudgment is to be preferred, who subiecteth euen Apostles, Prophets, Bishops, to the Ciuil power: that of Ambrose was a matter of fact, and concludeth not.
3. Argum. If Princes should make Ecclesiasticall laws, the vnitie of faith could not be kept, because in eueryevery seuerall kingdome, there would be a seuerall religion.
Ans. 1. The argument followeth not, for religion is not to depend vponupon the opinion or will of the Prince, but it must be squared out by the word of God, which Princes following, can not differ in the substance of religion, though they may varie in some circumstances and externall rites: but if Princes will not be ruled by Gods word, but follow other directions, then they may frame vntounto themselues diuers religions: so then it is not the fault of the power, but the abuse thereof, and the personall fault of Princes, if by this meanes a varietie of religion be brought in. 2. neither, if this power be denied vntounto kings, and the whole authoritie of Ecclesiasticall lawes were onelyonly in men of the Church, if they refuse to be guided by the word, is this inconvenience helped: for in Moses absence, the whole power beeing in Aarons hand, yet a different worship, in setting vp a golden calfe, from that which Moses prescribed, was brought in. And whence hath sprung the great innovation of religion in Poperie, from the puritie of the ancient faith, but from this, that the Bishops of Rome, excluding the authoritie of the Emperor first in the East, and afterward in the West, hauehave arrogated to themselues the sole authoritie in matters Ecclesiasticall?
4. Argum. Princes can not doe the lesse, as preach the word, minister the Sacraments, therefore not the greater to make Ecclesiasticall lawes.
Ans. 1. It followeth not, for though duties meerely Ecclesiasticall can not be executed by the Prince, because he is not thereunto called, yet externall iurisdiction he may exercise in the Church: neither are these duties as the lesse and greater one to the other in the same kind: they are in diuers respects both lesse and greater: the preaching of the word is greater in respect of the spirituall power, and the Ciuill, in regard of the externall iurisdiction. 2. neither is it alwaies true, he that can not doe the lesse, can not doe the greater, where he is barred from the lesse, by some defect either of right in beeing called thereunto, or otherwise the thing not beseeming: as in the ciuill functions, it is not fit for the Prince to digge and dolve, and yet he can doe the greater, to make and ordaine laws: so in the Church affaires, he is not to preach, because he wanteth a calling thereunto.
5. Argum. They which can not iudge infallibly of the sense of Gods word, can hauehave no Ecclesiasticall power: Princes can not iudge: Ergo.
Ans. 1. The proposition is not true: for neither can any Bishop iudge infallibly of the sense of Scripture, nor any els, since the time of the Apostles. 2. but as the Pastors by prayer, conference, meditating vponupon the Scriptures attaine to a competent measure of vnderstanding of the Scriptures, sufficient to direct them: so by the same meanes, and by helpe of the learned, the Prince also may be prepared to applie his iudiciarie power to the present necessitie of the Church. 3. And I pray you what infallibilitie of iudgement hath beene in the Popes, when as Iohn the 23. was condemned in the Councell of Constance for his monstrous opinions: as that he should hold vitam aeternam non esse, that there is no eternall life after this, & animam hominis cum corpore mori, that the soule of man dieth with the bodie, and that the bodie beeing dead, shall not rise againe: And seeing it hath beene often seene among them, that the Pope hath made boyes and children Bishops, as Bernard complained in his time, scholares pueri & impuberes adolescentes promoventur ad ecclesiasticas dignitates, scholler boyes, and beardlesse youthes are promoted to the dignities of the Church: epist. 41. what infallibilitie of iudgement then can they boast of in their Clergie?
6. Argum. Not the Princes and Ciuill magistrates shall giuegive account for the soules of the subiects, but the Pastors onelyonly, Hebr. 13.17. therefore they hauehave no Ecclesiasticall power.
Ans. The argument followeth not, Pastors must giuegive account for mens soules if they be lost by their default, therefore Magistrates shall not: for both shall giuegive account, though not in the same manner: the Pastors for seducing them by false doctrine; the Magistrate, in tolerating a corrupt worship, or in making impious lawes for the maintenance of idolatrie, as it is often obiected concerning Ieroboam that he made Israel to sinne: And these and such like are the Aduersaries arguments against the Ecclesiasticall power of the Magistrate.
Now on the contrarie some arguments shall be propounded for the proofe and confirmation of the question.
1. Argum. The Magistrate is the minister of God for the good of the subiect, Rom. 13.5. but this good is not onelyonly ciuill, but spirituall, therefore euen in spirituall things he must minister for their good: the Papists will hauehave the Prince to be their minister and seruant indeede, that he should put in execution the decrees of the Church, but decree nothing himselfe: but this were to giuegive no power at all vntounto magistrats, but as seruants which are commanded to doe their masters will: the Prince hath a ministring power in spirituall things, not a ministring seruice.
2. Argum. EueryEvery soule must be subiect to the higher power, therefore euen the Ecclesiasticall state, and eueryevery person therein of what condition soeuer he be: the Papists answer, that they must be subiect, as they are citizens, and as they enioy possessions, but not as they are Ecclesiasticall persons: But the Apostles rule is generall, eueryevery soule must be subiect, in what things soeuer, so that the power, which is of God, be not abused against God: true it is that in things meerely spirituall, touching faith and doctrine, they must not depend vponupon the Ciuill power, but as he enioyneth precepts, according to the word: yet in respect of the externall policie of the Church, in giuing order and direction, in censuring and punishing offenders, and such like, euen spirituall persons are subiect to the Ciuill power.
3. That the Prince hath power euen in Ecclesiasticall matters, shall be prooued by these particulars. 1. that the cognizance and knowledge of religion is required in the Prince. 2. that it belongeth vntounto him by law to maintaine the truth, and to inhibit all false religion. 3. that he is to take order for the Ministers and Pastors, that they do applie themselues faithfully to their calling, and to censure them which are disorderly and exorbitant. 4. that it is the Princes office, to appoint Synods, Councells, nationall, generall, Prouinciall, concerning Ecclesiasticall busines.
1. The first is euident, Deut. 17.19. where the king is commanded to read in the booke of the law all the daies of his life: so also Ioshu. 1.18.
2. Moses prescribed vntounto Israel a forme of worship, Ioshua caused the people to be circumcised, Iosh. 5. Dauid disposed the ministeriall offices of the Tabernacle, and appointed the Leuites and Priests their orders and courses, 1. Chron. 23. Hezekiah pulled downe the brasen serpent: Iosias tooke away idols: so did other Christian Emperors make Ecclesiasticall lawes: as the first law Cunctus populus in the Code, is concerning the beleefe of the Trinitie: Martianus made a law against the Nestorians, and Eutychians: Iustinian inserteth diuers Ecclesiasticall lawes; as that the Letanie should not be said by lay-men, none of the Clergie beeing present: Novell. 123. c. 31. and that Bishops and Presbyters should rehearse the prayers in an audible voice to the vnderstanding of the people: Novell. 137. c. 6. and diuers such like.
3. Salomon deposed Abiathar: Iehosaphat appointed the Leuites to teach in the cities, 2. Chron. 19. Constantinus the great, heard the controversie betweene Donatus and Cecilianus, and iudged it: Euseb. lib. 10. c. 5. Theodosius commanded the Nestorian Bishops to be deposed: leg. 2. C. de sum. Trinitat. he appointed Nectorius to be Bishop of Constantinople: Socrat. lib. 5. c. 19. Iustinian deposeth a Bishop that had a suspected woman in his house: Novel. 6. c. 5. yea the Bishop of Rome was a long time together nominated and his election confirmed by the Emperor: as Constantinus saith to Liberius, Nos, quod Christianus esses, te dignum iudicanimus Episcopatu vrbis nostrae: We because thou art a Christian, hauehave iudged thee worthie to be Bishop of our citie: Theodor. lib. 2. c. 16.
4. Dauid called together the Priests to bring home the Arke, 1. Chr. 13.7. so did Ezekiah call an assembly of the Priests, 2. Chr. 29. and Iosias, 2. king. 23. the first Nicene Councell was summoned by Constantine the great: the 1. Constantinopol. by Theodosius the elder: the 1. Ephesine by Theodosius the younger: the Chalcedon Councell by Martianus.
Iustinian decreeth, Archiepiscopum singulis annis synodos celebrare, &c. that the Archbishop should eueryevery yeare celebrate Synods, and assemble the Bishops together. Novell. 123. c. 10. and Novell. 137. c. 7. he commandeth the Presidents of the Provinces, to see that the Metropolitans doe assemble Synods. If then Princes hauehave made lawes for the maintenance of true religion, and against heresies, and hauehave taken vponupon them to giuegive order and direction for Ecclesiasticall offices, hauehave deposed such as were vnmeete and vnworthie, and called Councells and Synods concerning Ecclesiasticall matters, then can there not be denied vntounto them a kind of Ecclesiasticall power.
But Stapleton thus obiecteth against those forenamed Presidents, of the Emperors and kings authoritie in Ecclesiasticall matters.
1. Obiect. These instances doe onelyonly shew, that de facto, in fact and in deede Princes medled with Ecclesiasticall affaires, not that de iure, of right, they ought to hauehave so done.
Ans. If onelyonly such presidents were brought out of Ecclesiasticall stories, and not out of the Scriptures, he should seeme to say somewhat: but seeing the Scriptures set forth examples of godly kings (who are commended in Gods booke) dealing in Ecclesiasticall affaires, there is no question to be made of their right in so doing.
2. Obiect. These Princes by such acts did onelyonly provide for the peace of the Church ex zelo, of their zeale and pietie, not imperio, by their imperiall power and authoritie.
Ans. That can not be said to be done of a pious zeale, which any vsurpeth vponupon them without an authoritie and calling: if these Princes did these things of zeale, then also by a lawfull calling and power, for otherwise it had not beene pleasing vntounto God, they intruding and vsurping vponupon an others place and office.
3. Obiect. They did not make new Ecclesiasticall lawes, but onelyonly confirmed and ratified such things, as were decreed in former Canons.
Ans. 1. True it is, that new articles concerning faith, neither Emperors nor Bishops hauehave authoritie to bring in, but such as are prescribed by the word. 2. but yet new lawes concerning faith, requiring obedience vnderunder certaine penalties, hauehave beene made by Emperors, not prouided for afore by Canons: and concerning orders to be obserued in Synods, and in the gouernment Ecclesiasticall, diuers things hauehave beene enacted by the Imperiall power, neuer mentioned before in the ecclesiasticall Canons. 3. and what if the Imperiall constitutions enioyne the same things concerning faith and doctrine, decreed before by the Canons, this prooueth not that they executed onelyonly, what the other prescribed: but both the powers the Ecclesiasticall by Canons, the Imperiall by lawes enforced the same rules of faith, which the word of God prescribed. More who please to see of this controversie, I send him to learned Pareus treatise, dub. 5. and to Synops. Papism. Cent. 1. err. 98. and err. 100.
5. Controv. Whether Ecclesiasticall persons, as Bishops and others, may hauehave the temporall sword committed vntounto them.
The Romanists are herein very confident, who maintaine, that the Pope is both a temporall and a spirituall Prince, and so are some other of their chiefe Prelates in Germanie, which they thinke not onelyonly to be lawfull, but very expedient, and in these times necessarie for the more peaceable gouernment of the Church.
By this meanes, they say, that Cities and Prouinces are the better gouerned, when the chiefe authoritie is committed to Ecclesiasticall persons: and in these daies it is necessarie, that men, which will not be wonne by the sword, should be compelled by the sword.
Contra. But the contrarie is euident, that no place is worse gouerned, but where the Prelate is also a temporall Prince: and the reason is, because they commit all vntounto officers, not beeing able, nor fit themselues to manage the affaires of the state, and by this meanes much corruption groweth. And as it is necessarie that the obstinate, that can not be perswaded by the word, should be bridled by authoritie, so God hath appointed to that ende Magistrats, to whome the sword is committed, and not to Ministers: and this is also seene by daily experience, that no where more disorders are committed, then where Bishops hauehave the guiding of the Ciuill state: which sheweth, that God giueth no blessing vntounto such preposterous proceedings against his ordinance.
And that Ecclesiasticall persons ought not to meddle with the sword, (though from exercising of other parts of Ciuill iustice, which are compatible, with their calling, all and altogether are not to be excluded) appeareth by our blessed Sauiours lesson vntounto his Apostles, vos autem non sic, &c. it shall not be so with you, as with the Princes and Lords among the Gentiles, Matth. 20.25. and the Apostle in this place, v. 5. saith, that he beareth not the sword in vaine: that is, the temporall power.
Here it will be answered, that Christs example, and the Apostles are not to be imitated in all things: for then neither should there be any magistrate among Christians, because he tooke not that office vponupon him, neither should it be lawfull to hauehave siluer and gold, because Peter saith, Act. 3. Gold and siluer hauehave I none.
Ans. 1. Our Sauiour Christ forbiddeth not all, to take Lordly authoritie vponupon them, but onelyonly his Apostles: he forbiddeth not all to be Ciuill magistrates, but such as had the preaching of the word committed vntounto them. 2. neither doe we vrge the Apostles examples onelyonly, but their precepts: that of Saint Peters not hauing gold or siluer, was a matter of fact, not a precept: but that is a precept, which Saint Peter giueth vntounto Pastors, not to be Lords ouer Gods heritage, 1. Pet. 5. 3. thus was it in Origens time, who writeth thus, homil. 13. vponupon this chapter, omnia crimina, quae vindicari vult Deus, non per antistites & principes ecclesiarum, sed per mundi iudices voluit vindicari, all the faults which God would hauehave punished, he would hauehave so punished, not by the rulers and cheife gouernors of the Church, but by the Iudges of the world, &c.
Now though the vse of the sword,How farre the Ecclesiasticall persons may deale in ciuill matters. which properly is seene in the power of life and death, be denied vntounto Ministers, yet the tractation of all Ciuill causes is not forbidden, as in the compounding of controversies, ending of strifes among neighbours, and if vntounto some discreete men be committed a commanding power to restraine the euill, there is no inconvenience: for so the Apostle would hauehave the Corinthians to ende among themselues the controversies, that did rise, and not one to haile an other before the Magistrate, 1. Cor. 6. but for such matters, they should be as Magistrates to themselues, where, no question, the Minister and Pastor is not excluded among others, but that he may and ought to hauehave a chiefe hand, in the carriage of such matters: and so Augustine expoundeth that place, in Psal. 118. concion. 24. When they bring (saith he) their causes vntounto vsus, non audemus dicere, &c. we dare not say, man who appointed me a iudge among you? constituit enim talibus causis Ecclesiasticos Apostolus cogniturus, in foro prohibens litigare Christianos: for the Apostle hath appointed ecclesiasticall persons to take cognizance of such causes, forbidding Christians to striue in courts, &c. so it seemeth in those daies, that godly Bishops and Pastors, were emploied in ending controversies and suits among the people: and further Augustine hath this excellent saying touching this matter, otium sanctum quaerit charitas veritatis, negotium iustum suscipit necessitas charitatis, quam sarcinam si nullus imponat, percipiendo vacandum est veritati, si autem imponitur, suscipienda est propter charitatis necessitatem, &c. the louelove of the truth desireth an holy kind of ease and leisure, and the necessitie of charitie vndertaketh iust busines: which burthen if none impose, we must attend the searching of the truth, but if it be imposed, it must be vndertaken for the necessitie of charities sake: lib. 19. de civit. Dei, c. 19. In the which saying of Augustine, I obserue three things: 1. what causes were referred vntounto Ecclesiasticall persons, not criminall, but civill, not matters, which touched the life, but controversies which violated charitie. 2. how and vponupon what occasion they dealt in such causes, they hunted not after them, neither sought them, but they were brought vntounto them, they ambitiously intruded not themselues into the Magistrates office. 3. with what moderation: they did onelyonly attend such matters of necessitie, and in such sort, as it hindred not their better studies and searching of the truth, which excuseth not them, which so entermeddle in ciuill busines, as they neglect their calling.
So then to conclude this point: there are some things, in the Civill and Ecclesiasticall power, that are compatible, some incompatible, and can not be ioyned together: like as a ciuill Magistrate ought not to preach, or minister the Sacraments; so neither can a Minister meddle with the sword: but some things are compatible, as the ciuill power to maintaine peace, extendeth it selfe to the externall policie of the Church … and so are helpers to the Ecclesiasticall state: so the Ministers may be assistants to the ciuill state, to advise and direct them: See further hereof, Synops. Centur. 1. err. 52.
Controv. 6. Whether it be lawfull for a Christian to be a Magistrate, and to vse the sword in time of peace and warre.
v. 4. He beareth not the sword in vaine. Hauing hitherto out of this chapter resisted diuerse erroneous opinions of the Romanists, we hauehave now occasion to deale with the fantasticall and brainesicke position of the Anabaptists, who denie, that any Christian ought to take vponupon him to be a Magistrate or to vse the sword, in exercising ciuill iustice at home, or militarie discipline abroad: not much vnlike was the saying of Iudus Gaulonita, of whom Iosephus maketh mention, in the beginning of his 18. booke, antiquit. Iudaic. who affirmed, that the Iewes were not bound, propter libertatem legis, by the libertie of their lawe, to yeeld obedience to Caesar, or to any profane Prince, &c. in the Councell also of Vienna, was condemned a certaine sect called Beghardi, who held that a man might attaine to that perfection, as that he was not bound to the observation of any precepts, nor was subiect to the obedience of any: we will examine some of the Anabaptists reasons.
1. Argum. The Apostle saith, that Christ made some Apostles, some Evangelists, &c. Ephes. 4. not that he made them Princes and rulers.
Ans. 1. Christ came not to invert or innovate the ciuill state, which was instituted before, but to appoint a newe order of teachers for the building of his Church. 2. and the Apostle speaketh there onelyonly of such Ministers as were called to teach: those indeede he made not Princes: this letteth not, but other of his members, not called to teach, may be Rulers.
2. Argum. Christ forbiddeth his Apostles to be Lords and Rulers, as the heathen were: But with you it shall not be so, Math. 20. and this he saith not onelyonly to his Apostles, but to all, Mark. 13.27. That which I say vntounto you, I say vntounto all, &c.
Answ. In that place, Matth. 20. Christ forbiddeth not all Christians Lordly dominion, but onelyonly his Apostles, that were apointed to preach the word: that there might be still a difference betweene the Ciuill and Ecclesiasticall power: but in the other place, our Sauiour speaketh of spirituall watchfulnesse, which concerneth not onelyonly the Apostles, but all Christians, and therefore speaketh to all.
3. Argum. S. Paul forbiddeth the Corinthians all strifes and controversies, which doe appertaine vntounto the Magistrate, 1. Cor. 6.
Ans. The Apostle doth not simply forbid all suites: but 1. before the heathen iudges. 2. among brethren. 3. for small causes, and trifling matters. 4. and with a desire and mind to procure trouble one to an other: for otherwise S. Paul had transgressed against his owne rule, when he appealed vntounto Caesar.
4. Argum. Our Blessed Sauiour forbiddeth to seeke reuenge, but if one smite vsus on the one cheeke to turne the other also, Matth. 5.
Ans. All priuate reuenge is forbidden: but the Magistrate is Gods minister, and therefore as reuenge belongeth vntounto God, so the Magistrate in Gods place may take reuenge: and one may implore his helpe, as he may commit his cause to God, so it be not done with a revengefull minde.
5. Argum. Our Sauiour biddeth vsus to louelove our enemies: but to wage battell with them, and to put malefactors to death, is not to louelove them: Ergo.
Answ. We are bidden to louelove our enemies, not simply, but 1. as they are men. 2. as they are our enemies, that we should not attempt any thing against them of a priuate grudge, or with a reuengefull minde. 3. and we must not seeke their destruction, but amendement: yet we are not to louelove our enemies: 1. as they are euill, least we should louelove in them their vices, which God hateth. 2. as they are enimies of God and his Church. 3. and in forbearing to punish them, to their owne hurt and euill example of others: So the Magistrate may louelove the malefactor, in seeking his amendement, and yet may punish his vice in him: so the Prince may louelove his enemies, in seeking all meanes to winne them, and yet wage battell with them, as enemies to God and the commonwealth.
6. Argum. Christ forbiddeth to iudge, iudge not, and ye shall not be iudge: Peter is bidde to put vp his sword: Christ refused to diuide the inheritance, and to condemne the adulteresse: he saith his kingdome is not of this world.
Answ. 1. Christ forbiddeth all rash iudgement and priuate censuring one of an other, he speaketh not of publike iudgement. 2. Peter, and in him all Ecclesiasticall persons, as also all priuate persons, are forbidden to vse the sword, because it is not committed to them. 3. Christ came not to be a Iudge or ciuill Magistrate, therefore he refused to deale in those ciuill causes: the adulteresse he condemned not, because the Pharisies accused her of hatred, and he would not be an instrument of their malice. 4. though his kingdome be not of this world, yet because it is in this world, of necessitie we must vse this world, and the helpes thereof for our present necessitie, as we vse meate, and drinke, plowing, sowing, and such like, though we must be as though we vsed it not.
7. Arg. There is neither precept nor president in the newe Testament for the lawfulnes of warre among Christians: Ergo, it is not lawfull.
Answ. 1. It followeth not, for Christ came to preach faith, not to giuegive rules of warre, because they are sufficiently prescribed in the old lawe and Testament, which Christ came not to dissolue. 2. the antecedent also is false, for there are both precepts and presidents in the new Testament, as shall follow now to be shewed in the contrarie arguments.
Contra. Now for the affirmatiue part, that it is lawfull for a Christian to beare the Magistrates office, and beeing a Magistrate to vse the sword, both in ciuill iudgements and hostile warre, these reasons are brought:
1. We hauehave in the old Testament, both precepts for iudiciall matters, as Exod. 21.22.23. and touching warre, Deut. c. 13. c. 20. c. 31. and presidents also for both: Moses, Iosuah, Dauid, Iehosophat, were both iudges in deciding controversies at home, and victorious captaines against their enemies abroad.
But it will be obiected concerning Dauid, that God refused him, that he should not build his temple, because he was a man of warre and blood, 1. Chron 28.3.
Answ. Dauid was not refused,Why the Lord would not hauehave Dauid to build him an house. as though God allowed not the warres which he fought against the enemies of God: for he saith the Lord taught him to fight, Psal. 18.35. & 144.1. but for these reasons: 1. because the Lord was yet to employ him in his warres, and he should hauehave no leasure to attend that worke: Iunius annot. 2. Sam. 7.5. 2. or because he had shed the innocent blood of Vrias, Pare. 3. adde hereunto, the Temple was a figure of Christ, whose kingdome should be peaceable, and therefore that the shadowe and the bodie might fully agree, the Lord would hauehave the materiall Temple a figure of the true Temple, to be builded by Salomon a peaceable man.
But against all these precepts and presidents in the old Testament, the Anabaptists will obiect with the old Manichees, that there is great difference betweene the old and new Testament: that the God of the lawe was cruell and bloodie, but the father of Christ in the newe is mercifull and gentle: therefore to stoppe such blasphemous mouthes, and to shew that herein the old Testament and the newe agree, as both written by one spirit, we hauehave both precepts, practise, and presidents, for all these in the newe Testament.
For precepts of exercising Iustice and Magistracie: S. Paul saith, He (the Magistrate) beareth not the sword in vaine, Rom. 13.4. it is lawfull then for a Magistrate to vse the sword: for the lawfulnes of warre, Iohn Baptist doth not bidde the souldiers renounce their calling, but that they should doe no wrong, but be content with their wages, Luke. 3.
For practise: S. Paul appealed vntounto Caesars iudgement seat: therein allowing the thrones and places of iustice.
For presidents of magistracie: the ruler, Iohn 4. beleeued with all his house, and Sergius Paulus beeing conuerted, Act. 13. renounced not his Magistracie: of captaines, Cornelius the Centurion, was a man that feared God, and yet a captaine: so is the Centurion commended, Matth. 8.
And after the Apostles times the Christians warred vnderunder the Emperours, beeing yet Pagans and infidels against their enemies: as Iustinus Martyr, in the ende of his 2. apologie, maketh mention of the epistle of Mar. Aurelius the Emperour to the Senate of Rome, wherein he ascribeth his victorie against the Germanes, to the Christians in the campe, who when they were readie to perish for thirst, prayed vntounto God, who sent them raine to comfort them, and thunder vponupon their enemies.
Controv. 7. Whether lawe Ciuill and Ecclesiasticall, doe simply bind in conscience.
Before I come to examine the arguments on both sides produced, certaine distinctions must be premised, for the better opening and vnderstanding of the question.
1. Some lawes are iust, which are agreeable vntounto the word of God, in particular, or in generall, and these doe some way or other bind in conscience: some are vniust, prescribing and commanding vnlawfull things, these doe not bind the conscience at all, but rather in keeping them, the conscience is defiled.
2. Lawes may bind in conscience either in generall or particular: in generall some lawes may bind, because obedience is commanded toward our gouernours in all lawfull things: and yet the same lawes shall not bind in particular in respect of the thing commanded.
3. Lawes may bind in conscience, per se, of themselues, in respect of the thing commanded, directly concerning the worship of God, or the duties of the second table: or they may bind per accidens, accidentally, in respect of the scandall that may followe.
4. Some lawes that bind in conscience of themselues, do so bind, sub ratione cultus divint, as a part of the diuine worship, for all those workes, which men are bound in conscience to doe, though they were commanded by no humane lawe, belong to the seruice of God: some lawes bind of themselues, but not by reason of the diuine worship, but in respect of some order or discipline prescribed to that ende.
5. Some lawes doe onelyonly inducere culpam ciuilem, make one guiltie of a ciuill offence, as to eate flesh vponupon dayes inhibited, or to weare apparell contrarie to the lawe: these ciuill offences doe not bind the conscience properly: or they make one guiltie of a morall offence, as when men are forbidden vsurie, extortion, drunkennesse, and such like: these doe binde the conscience.
Now according to these distinctions, these propositions may be framed.
1. That the diuine lawes, by whomsoeuer enioyned, Magistrate, superiour or inferiour, which concerne either the duties of the first, or of the second table, doe bind in conscience simply of themselues, both in generall and particular.
2. Ciuill lawes, which doe determine of circumstances, necessarie and profitable toward the obseruation of the morall lawe: as the lawe that forbiddeth men to frequent alehouses, the better to preuent drunkennesse: or to weare any vnlawfull weapon to prevent bloodshed, doe bind simply in conscience at the least in generall: because they are morall precepts directly tending to the observation of the morall lawe: in such things we are bound in conscience to obey.
3. Lawes made concerning ciuill duties, which in themselues, not beeing commanded are indifferent, as of the eating of flesh, keeping of watch, paying of tribute, and such like, doe not simply bind in conscience, neither in generall nor in particular, but accidentally only they doe bind both in generall and particular, in regard of the contempt of authoritie and scandall of our brethren.
4. Likewise Ecclesiasticall lawes, which doe limit the circumstance of times and place, concerning external order & vsages, which do helpe toward the obseruation of the duties of the first table, and the exercise of religion: doe of themselues properly and simply bind in conscience, at the least in generall, because in such morall duties our obedience simply is required: such are the publike orders, of resorting duely vntounto diuine seruice, of receiuing the sacraments, of paying tithes toward the maintenance of the Minister: of silence in the church and not disturbing the Preacher, and such like.
5. Other orders of the Church, which doe not so directly concerne the seruice of God, but are touching things indifferent in themselues, as of some gestures to be vsed, rites and observations not offensiue: they doe not bind at all in conscience, but onelyonly accidentally, in respect of the scandall, and offence which may be giuen, and the breaking of order.
Now the position of the Romanists is, that lawes both ciuill and Ecclesiasticall doe bind simply in conscience, not onelyonly in respect of the matter, that is commanded, beeing agreeable to the word of God, or of the scandall and offence which may followe, but the thing though in it selfe it be indifferent, yet bindeth the conscience, quia lege praecipitur, because it is commanded by the lawe, though by the occasion thereof no offence followe, Perer. disput. 2. numer. 8. and by the binding of the conscience, he saith, is vnderstood mortall sinne, which is committed in the omission of such things commāded: their reasons are these.
1. S. Paul biddeth vsus to be subiect, not onelyonly for wrath, but for conscience sake, v. 5. therefore such lawes bind in conscience.
Answ. This conscience is to be vnderstood in generall in respect of him, who commandeth, who of conscience is to be obeyed as Gods Minister, not in respect of the thing commanded, which is not alwaies such as bindeth the conscience.
2. S. Paul willeth obedience to be giuen vntounto those which are set ouer vsus, Heb. 13.17. and our Sauiour faith, he that heareth you, heareth me.
Answ. Our Sauiour and the Apostle speake of obedience to be giuen in those things which concerne the doctrine of faith, and the saluation of our soules: not of euerie observation and order of the Church.
3. Argum. The Apostles in their Synodall decree, did bind the conscience of Christians, to abstaine from strangled, and blood, and fornication, Act. 13.
Answ. 1. The former of these was no otherwise imposed vponupon the conscience, then for the avoiding of offence: fornication is ioyned with the rest, not because it was indeede as indifferent a thing, but it was so counted among the heathen. 2. neither hauehave the Pastors of the Church, that power and authoritie to make lawes to binde the conscience, as the Apostles had.
4. Argum. S. Paul willeth that they which obserued not his precepts, should be shunned of all, 2. Thess. 3.14.
Answ. Because the Apostle vrged nothing but the precepts of Christ, therefore he requireth obedience simply, and chargeth their conscience therewith.
But on the contrarie, that all Ciuill and Ecclesiasticall lawes doe not simply and in themselues bind in conscience, but in regard of the offence, we shewe it thus.
1. S. Iames saith, c. 4.12. there is one lawgiuer, which is able to save and to destroy: God onelyonly maketh lawes to bind the conscience.
2. If euerie law did binde the conscience, then by reason of such a multitude of lawes, which are impossible to be kept, mens consciences should be so snared and entangled, as none should be free: and so with the Pharisies, they should bind heauie burthens, and grieuous to be borne, and lay them on mens shoulders, Matth. 23.3. and S. Paul speaketh against such burdening with traditions, as touch not, tast not, handle not, Coloss. 2.21.
3. Where the intendment of the lawe is not to bind the conscience, there if no scandall followe, the omission of the thing commanded doth not bind or pollute the conscience: there may be a ciuill offence, but no morall or mortall sinne: but in diuerse such lawes, which are made for ciuill order, as in wearing of cappes, prouiding of artillerie, abstaining from flesh, and such like, the lawe intendeth not to charge the conscience, but imposeth a ciuill mulct onelyonly, where such things are omitted: therefore such offending, if they pay the mulct they satisfie the law: their conscience is free, where the omission procedeth no… of contempt, nor giueth occasion of offence: beside an other way the intentiō of the lawgiuer is kept, whē the end and scope of the law is obserued, though strictly the letter of the law be not kept: as the eating of flesh vponupon certaine dayes is prohibited, for the benefit of the cōmonwealth, that navigation and fishing by the vtterance of such commodities may be maintained: now if any eate flesh,Whether penll lawes bind in conscience. not vponupon any contempt of the lawe, but vponupon some other occurrent occasion, so that the commonwealth be not thereby hindered, nor his brother offended, the intention of the lawe is kept, though the letter of the law be transgressed: and further in such penall lawes which onelyonly concerne externall order, intentio legislatoris non est obligare ad culpam, sed ad poenam, the intention of the lawegiuer is not, to oblige or bind any to the guiltines of the offence, but to the penaltie: but in penall lawes, which require the obseruation of any morall lawe, it is otherwise; for there beside the incurring of the outward mulct, the offender also transgresseth the lawe of God.
Pererius then needed not here to hauehave found such fault with Calvins distinction, between forum internum, the internall court of the conscience, and the externall court, which onelyonly bindeth vntounto the duties of ciuilitie, wherein the conscience before God is free: for if vponupon eueryevery slippe of a ciuill order, being not done with contempt, the conscience should be burthened, what an importable burthen should be laid vponupon Christians, whose conscience by this meanes thorough the multitude of lawes should be continually entangled.
Now then to conclude this point. 1. Some lawes beeing vniustly made, or commanding any vnlawfull thing, doe neither bind the conscience in generall, nor particular, neither in themselues, nor accidentally.
2. Some lawes bind euerie way, in generall, in particular, by themselues, and accidentally, and sub ratione diumi cultus, as a part of Gods seruice: as all lawes enforcing obedience to the morall precepts which belong to the first or second table.
3. Some laws doe so bind in themselues, and not accidentally onelyonly, in respect of the offence, and not onelyonly generally in regard of our obedience required to the Magistrate in all lawfull things, but in particular, in the very thing commanded: yet not as a part of the diuine worship, but sub ratione ordinis, vel disciplinae ordinatae, &c. by reason of the order and discipline enioyned toward the better performance of some dutie toward God, or our neighbour: as the law which bindeth men to come to Church, the better to serue God: and politike lawes that are made against deceit vsed in the making of clothes, and other waies, to the hinderance of our brethren, which is against charitie, and such like.
4. Some lawes doe not bind in conscience at all in themselues, neither generally not in particular, but onelyonly accidentally in regard of scandall and offence which may be giuen by mens disobedience: as in such penall lawes which are made onelyonly for ciuill orders and vsages, where God is not dishonoured, nor charitie violated: let there be no contempt of authorie, nor offence giuen, though it be a breach of ciuill order, yet thereby the conscience is not burdened before God. This I say, not to giuegive any encouragement willingly to transgresse the publike orders, for then they runne into contempt of authoritie, but I advise euerie man, as neere as he can to conforme himselfe to the obseruation euen of ciuill orders: but to this ende, to helpe the conscience of the weake, that they should not thinke in eueryevery such omission their conscience to be charged before God: See further Synops. Centur. 1. error. 49.
Controv. 8. Whether Ecclesiasticall persons are exempted from tribute.
v. 7. GiueGive to all men their dutie, tribute to whom tribute, &c. This is an euident place to conuince the Romanists, who hold their Clergie together with their possessions and goods to be freed and exempted from temporall taxes and payments.
The old Popish opinion was, that they were freed by the lawe of God: but now they challenge this immunitie onelyonly by the charter and priuiledge graunted them by Princes, Rhemist. Rom. 13. annot. 5. Thomas Aquin. addeth further, that though they were at the first exempted by Princes, yet it is agreeable to the lawe of nature. But if they onelyonly claime this exemption from the graunt of temporall Princes, why did then Alexan. the 6. (as Boniface the 8. hath inserted his decree in the sixt of his decretalls, lib. 3. titul. 23. c. 1.) by his constitution prouide, that secular powers should not presume to exact of Ecclesiasticall persons, toll money or other exactions, pro rebus vel possessionibus, for their goods or possessions, which they had gotten, or should get. We will now examine some of their reasons.
1. The lands of Pharaohs Priests were exempted from tribute, Gen. 47.22. therefore the possessions of the Church should be free.
Answ. The lands of the Priests (whom Iunius taketh rather for the Princes, Courtiers of Pharaohs houshold, for the word cohen, signifieth both a Prince and a Priest,) were not so…d vntounto Pharaoh, as other lands were: for by reason of the ordinarie allowed them from the King, in the time of dearth, they were constrained to sell their land for foode, and so their possessions were free from the fift part, which other payed: they might notwithstanding be subiect and lyable to other charges.
2. The King of Persia charged his officer to lay vponupon the Priests and Leuites no toll nor custome, Ezra 7.24.
Answ. The reason thereof was, for that the Priests had no possessions: as likewise Caesar writeth in his commentaries, that the Priests called Druidae among the French, paid no taxe money, nor custome at all, as other did: and the reason was, because they possessed nothing, as Plinie witnesseth, l. 16. c. 24.
Now on the contrarie, that Clergie men, are bound as well as others, for their persons, and lands, to pay tribute, and yeeld their subiection vntounto temporall gouernours, it is euident by these reasons.
1. By the precept of Christ, giuegive vntounto Caesar, the things that are Caesars: he spake then to the Priests: and by his owne example he refused not to pay poll money, Matth. 17. and he confessed to Pilate, Iohn. 18. that he could hauehave no power against him, if it were not giuen him from aboue: he acknowledgeth himselfe personally subiect vntounto Pilate.
2. He which holdeth terrene things, is in reason to be subiect to the terrene and temporall power: Origen saith, qui habet pecuniam, aut possessiones, aut aliquid in seculo, audiat, &c. he which hath money or possessions, or any thing in the world, to him it is said, let every soule be subiect, &c.
3. And S. Paul chargeth all subiects to pay tribute, because it is a duty to the Magistrate, in respect of his care and vigilancie, who watcheth ouer the subiects for their good.
Yet we denie not, but that Ecclesiasticall persons may enioy those priviledges and immunities, which hauehave beene graunted them by Princes, whose libertie therein is to be commended: so that they abuse them not to idlenes and wantonnes, as sometimes the Abbyes in England did: See before controv. 1. argum. 1. and Synops. Centur. 1. err. 99.
Controv. 9. Whether the fulfilling of the lawe be possible in this life.
v. 8. He that loueth an other, hath fulfilled the lawe. Hereupon our aduersaries the Romanists doe inferre, that the law may be fulfilled by louelove, in this life: Rhemist. and Tolet, whereas we obiect, that no perfection can be attained vntounto in this life, hath this distinction, that there is great difference between dilectionem in se perfectam, & eam, quae est in praecepto, louelove which is perfect in it selfe, and louelove which is in the precept and commanded: as if one bid a man runne perfectly or swiftly, he meaneth not, that he should runne so fast as an hart or hind, but so fast as a man may runne: so perfect charitie in it selfe is not commanded, which can not be in this life, but such charitie, as a man in the state of grace, beeing thereby helped, may attaine vntounto.
And thus he reasoneth; if by louelove the law could not be fulfilled, S. Paul would not hauehave exhorted thereunto: for it were in vaine to exhort vntounto that, which cannot be done, an. 11.
Contra. 1. Touching the distinction, it is no wayes to be admitted. 1. for as God is, so is his commandement, he is perfect, therefore he commandeth that which is perfect: the louelove then commanded in the lawe is a perfect louelove, and not onelyonly according to the possibilitie of mans strength. 2. further, the written morall lawe commandeth the same thing, which the naturall law did, which was infused into Adam in his creation: but that was perfect louelove and charitie, for he was created according to the image of God, in righteousnesse and holinesse. 3. and we are commanded to be perfect, as our heauenly father is perfect, Matth. 5. therefore not according to the possibilitie onelyonly of our owne strength. 4. neither is the instance brought in to the purpose: for, when a man is bidde to run perfectly, the meaning is, he should runne as fast as a perfect man may runne, not one that is lame or halting: so man in the state of his perfection might hauehave fulfilled the lawe, though now he cannot, since his nature hath beene lamed by sinne, therefore by his owne example, such charitie is commanded, as man before his fall, might hauehave performed.
2. Now to the argument we answer: 1. that he indeede, that can louelove his neighbour as he ought, may fulfill the lawe, but so none can louelove, Martyr: and so to the same purpose Calvin, that the Apostle sub conditione loquitur, speaketh as it were vnderunder condition, that is, if a man can so louelove his neighbour, which condition no man can fulfill. 2. But because the Apostle vseth this as an argument to perswade vntounto louelove, because it is the fulfilling of the lawe, we will graunt that the Apostle speaketh here of such a fulfilling, as is possible, but that is not a perfect keeping of the lawe, which none can attaine vntounto, but as Beza saith, non vnum praeceptum obijt, he that loueth his brother is not readie to keepe one precept onelyonly, but all: so as Pareus well distinguisheth: he speaketh of fulfilling the lawe, partibus, non gradibus, in the parts, not in the degrees: as he which loueth his brother, will shewe it in all the parts of the lawe, he will neither steale, nor commit adulterie, nor doe any other hurt vntounto him: but perfectly in the highest decree of charitie, no man can keepe the lawe, for the Apostle saith, In many things we offend all, Iam. 3.11. then no man can perfectly fulfill the lawe in this life. 3. Gualter here hath an other answear, that the Apostle speaketh not of the fulfilling of the whole lawe, but onelyonly de externis officijs, of the externall duties: yet he insisteth not vponupon this answear: for the Apostle speaketh of coueting, which is no externall thing, but acted in the heart: the best answear then is, that the Apostle speaketh not of an absolute or plenarie fulfilling of the lawe, which is not in mans power, but of a totall and generall fulfilling and keeping of eueryevery commandement: that louelove will not content it selfe, with doing of our dutie in one or two commandements, but in the rest also.
10. Controv. Against the Marcionites, which denied the morall precepts to be now in force, but to be ceased.
The Marcionites, as Origen sheweth, dialog. 2. against them, would prooue from hence, that the old law, euen in respect of the morall precepts, was ceased, because it is here saide, louelove is the fulfilling of the law.
Contra. But Origen answeareth well, that charitie is an epitome, or summe of the law: but the epitome or summe taketh not away the things, which are therein contained: nay rather the contrarie followeth, because charitie is the fulfilling of the morall law, and charitie alwaies remaineth, therefore also the morall law continueth still, & is not abrogated, though the ceremonies be ceased; neither are the iudicialls necessarily now enforced.
11. Controv. Against iustification by the workes of the law.
v. 10. LoueLove is the fulfilling of the law. From this place Stapleton inferreth, that the keeping of the law is our iustice; and that by the works of charitie we are iustified: and thus he reasoneth; The keeping of the law is iustice, but he that loueth his brother, keepeth the law, Ergo: to this purpose Stapl. Antidot. p. 973.
Contr. 1. The proposition is true if it be vnderstood of the perfect keeping of the law: for if any in all points, could keepe the law, he should thereby be iustified: as S. Paul alleadgeth out of the law, Rom. 10.5. He that doth these things, shall liue thereby. 2. but so no man is able to fulfill the law: in some measure the faithfull guided by grace, doe performe the precepts of the law, but perfectly in all points, they can not keepe it: for then they might be without sinne: for sinne is the transgression of the law, 1. Ioh. 3.4. and whosoeuer transgresseth the law, sinneth: but no man is in this world without sinne: as the same Apostle saith, If we say we hauehave no sinne, we deceiue our selues, 1. Ioh. 1.8.