Fifty Sermons Containing the Chief Points of the Christian Religion, Sermons 1 · Decade 2 · Sermon 7
¶ Of the office of the Magiſtrate, whether the care of religion apperteine to him or no: and whether hee may make lawes and ordinaunces in caſes of Religion.
¶ The ſeuenth Sermon.
THE firſt and greateſt thing that chieflie ought to be in a magiſtrate, is eaſilie perceiued by the declaration of his office and duetie. In my yeſterdayes ſermon I ſhewed you what the magiſtrate is, how many kindes of magiſtrates there are, of whom the magiſtrate had his beginning, for what cauſes hée was ordeined, ye maner and order how to chooſe péeres, and what kinde of men ſhould be called to be magiſtrates. To this let vsus now adde what the office and duetie … a magiſtrate properlie is.
The whole office of a magiſtrate ſéemeth to conſiſt in theſe 3. points. To The Magiſtrates ….Order, to Iudge, and to Puniſh. Of euerie one wherof, I meane to ſpeake ſeuerallie in order as they lye.
The ordinaunce of the magiſtrate is a decrée made by him for mainteyning of religion, honeſtie, iuſtice, & publique peace: and it conſiſteth on ij. points, in ordering rightly matters of religion, and making good lawes for ye preſeruation of honeſtie, iuſtice, & common peace. But before I come to the determining and ordering of religion, I will brieflie and in few words, handle their queſtion, which demaunde, whether the care of religion do apperteine to the magiſtrate, as part of his office or no? For I ſee many that are of opinion, that the care and ordering of religion doth belong to Biſhops alone, and that kings, princes, & ſenatours ought not to medle therewith.
But the catholique veritie teacheth Whether …e care of religi…n belong …o the Magiſtrate.that the care of religion doth eſpeciallie belong to the magiſtrate, and that it is not in his power onelyonly, but his office & duetie alſo to diſpoſe and aduaunce religion. For among them of old, their kinges were prieſtes, I meane maiſters and ouerſéers of religion. Melchiſedech that holie & wiſe Prince of ye Chananitiſh people, who bare the type or figure of Chriſte our Lord, is wenderfullie commended in the holie Scriptures: Now hée was both king and prieſt together. Moreouer in ye booke of Numbers, to Ioſue newlie ordeined and lately conſecrated, are the lawes belonging to religion giuen vp & deliuered. The kings of Iuda alſo, and the electe people of God, hauehave for the wel ordering of religion (as I will by examples anon declare vntounto you) obteyned verie great praiſe: and againe as many as were ſlacke in looking to religion, are noted with the mark of perpetuall reproch. Who is ignoraunt ye the magiſtrates eſpeciall care ought to bée to kéepe the common weale in ſafegard & proſperitie? which vndoubtedlie he cannot do, vnleſſe he prouide to hauehave the word of God preached to his people, and cauſe them to be taught the true worſhip of God, by that meanes making himſelf as it were the miniſter of true religion. In Leuiticus and Deuteronomie Leui…. Deut. 2….the Lord doth largelie ſet downe the good prepared for men that are religious, and zealous in déede, & reckoneth vppe on the other ſide, the euil appointed for the contemners of true religion. But the good magiſtrate is commaunded to reteine and kéepe proſperitie among his people, and to repel al kinde of aduerſitie. Let vsus heare alſo what the wiſe man Salomon ſaith in his Prouerbes: Godlines and trueth preſerue the king, and in godlines his ſeate is holden vp. When the iuſt are multiplied, the people reioyce, and when the wicked ruleth, the people lamenteth. The king by iudgemēt ſtabliſheth his dominiō, but a tyrant ouerthroweth it. When the wicked increaſe, iniquitie is multiplied, & the iuſt ſhall ſee their decay. Where the word of God is not preached the people decay, but happie is hee that keepeth the lawe. Whereby we gather that they, which would not hauehave the care of religion to apperteine to princes, doe ſéeke and bring in the confuſion of al things, the diſſolution of princes, and their people, & laſtlie the neglecting & oppreſſion of the poore. Furthermore the Lord commaundeth the magiſtrate to make triall of doctrines, and to kill thoſe that do ſtubbornelie teach againſt the ſcriptures & draw ye people from the true God. The place is to be ſéene in ye 13, of Deut. God alſo forbad ye magiſtrate to plant groaues or erect images: as is to be ſéene in the 17. of Deut. And by thoſe particularities he did inſinuate things general, forbiding to ordeine, to nouriſh, & ſet forth ſuperſtitiō or idolatrie, wherfore he commaunded to aduaūce true religion: & ſo conſequently it foloweth that the care of religion belongeth to ye magiſtrate. What may be thought of that moreouer, that the moſt excellent princes and friends of God, amōg Gods people, did challeng to themſelues the care of religiō as belonging to themſelues, in ſo much that they exerciſed & toke the charge therof, euē as if they had béene miniſters of the holie things? Ioſue in ye mount Hebal cauſed an altar to be builded, and fulfilled all the worſhip of God, as it was commaunded of God by the mouth of Moſes. Dauid in bringing in and beſtowing the arke of God in his place, & in ord…ng the worſhip of God, was ſo diligent, that it is wonder to tel. So likewiſe was Salomon Dauids ſonne. Neither doe I thinke that any man knoweth not how much Abia, Ioſaphat, Ezechias, and Ioſias, laboured in the reformation of religion, which in their times was corrupted and vtterlie defaced. The verie heathen kings and princes are praiſed, becauſe when they knew the trueth, they gaue out edicts for the confirmation of true religion againſt blaſphemous mouthes. Nabuchodonoſor the Chaldean, the moſt mightie Monarch of all ye world, than who I doubt whether any more greate and mightie did reigne in the world, publiſheth a decrée that hée ſhould be torne in péeces, & his houſe made a iakes, whoſoeuer ſpake reprochfullie againſt ye true God which made both heauen and earth. The place is extant in the third Chapiter of Daniels prophecie. Darius Medus the ſonne of Aſſuerus king Cyrus his vncle, ſaith: I hauehave decreed that all men in the whole dominion of my kingdome doe feare the God ofDaniel: as is to be ſéene in the ſixte of Daniel. Cyrus king of Perſia looſeth the Iewes from bondage, and giueth them in charge to repaire the temple, and reſtore their holie rites againe. Darius Perſa the ſonne of Hyſtaſpes ſaith: I hauehave decreed for euerie man which chaūgeth any thing of my determination touching the reparation of the temple, and the reſtoring of the worſhip of god, that a beame be takē out of his houſe, & ſet vp, and he hanged theron, and his houſe to be made a iakes. The verie ſame Darius again who was alſo called Artaxerxes ſaith: Whoſoeuer will not doe the lawe of thy God (Eſdras) and the law of the king, let iudgemēt ſtraight way paſſe vponupon him, either to death, or to vtter rooting out, or to confiſcation of his goods, or impriſonment. All this we find in the booke of Eſdras.
The men, which are perſuaded that An anſwer to an obiection.the care and ordering of religion doth belong to biſhopps alone, do make an obiection, and ſay, that theſe examples which I hauehave alledged, do nothing apperteine to vsus which are Chriſtians: becauſe they are examples of the Iewiſh people. To whom mine aunſweare is. The men of this opinion ought to proue that the Lord Ieſus & his Apoſtles, did tranſlate the care of religion from the magiſtrate vntounto biſhops alone: which they ſhal neuer be able to doe: But wée on the other ſide will briefly ſhew that theſe auncient princes of Gods people, Ioſue, Dauid, and the reſt were Chriſtians verilie & in deede, and that therefore the examples, which are deriued from them & applied to Chriſtian princes, both are and ought to bée of force and effect among vsus at this day. I wil in the end adde alſo the prophecie of the Prophet Eſai, wherby it may appere that euen now alſo kings hauehave in the Church at this day the ſame office, that thoſe ancient kings had in that Congregation which they call the Iewiſh Church. There is no doubt but yt they ought to be accōpted true Chriſtians, which being annoynted with the ſpirite of Chriſt, do belieue in Chriſt, and are in the Sacramentes made partakers of Chriſt. For Chriſt (if ye interprete the verie word) is as much to ſay, as annointed. Chriſtians therefore according to the Etymologie of their name are annoynted. That annointing 1. Iohn. 2according to the Apoſtles interpretation is the ſpirite of God, or the gift of the holie ghoſte. But S. Peter teſtifieth that the ſpirit of Chriſt was in the kinges & Prophets. And Paul affirmeth flatly that wee hauehave the verie ſame ſpirite of faith, that they of old had. And doth moreouer communicate our Sacraments with them, where hee ſaith that they were baptiſed vnderunder the cloud, and that they all dranke of the ſpirituall rocke that followed them, which rock was Chriſte. Since then the caſe is ſo, ye examples truly which are deriued frō the words and woorkes of thoſe auncient kinges for the confirmation of faith and charitie, both are and ought to be of force with vsus. And yet I know that euerie thing doth not conſequently folow vppon the gathering of examples. But here wée hauehave for the making good of our argument, an euident prophecie of Eſai, who foretelleth that kinges & princes after the times of Chriſt, and the reuealing of the Goſpell, ſhould hauehave a diligent care of the Church, & ſhould by that meanes become the féeders and nourices of the faithfull. Now it is euident what it is to feede & to nouriſh: for it is al one as if he ſhold hauehave ſaid, that they ſ…ould be the fathers & mothers of the Church. But hée could not hauehave ſaid that rightly, if the care of religion did not belong to Princes, but to Biſhops alone. The words of Eſaie are theſe: Behold I wil ſtretch out my hand vntounto the Gentiles, Eſai. 4….and ſet vp my token to the people, & they ſhal bring thee thy ſonnes in their lappes, and thy daughters on their ſhoulders. And kinges ſhalbe thy nourcing fathers, & Queenes thy nurcing mothers, they ſhal fal before thee with their faces flatte vppon the earth, and licke vp the duſte of thy feete &c. Shal not wée ſay, that all this is fullie performed in ſome Chriſtian princes? Among whom the firſt was the holie Emperour Cōſtantine, Conſt… tine the great.who by calling a generall counſell, did determine to eſtabliſh true & ſincere doctrine in the Church of Chriſte, with a ſettled purpoſe vtterly to roote out all falſe and hereticall phantaſies and opinions. And when the biſhopps did not go rightly to worke by ye true rule and touchſtone of the Goſpel and of charitie, hée blamed them, vpbrayding them with tyrannicall crueltie, and declaring therwithal what peace the Lord had graūted by his meanes to the Churches. Adding moreouer that it were a deteſtable thing, if the biſhopps forgetting to thancke God for his gift of peace, ſhould goe on amonge themſelues to baite one an other with mutuall reproches & taunting libells, thereby giuing occaſion of delight and laughter to wicked idolatrers: when as of dutie they ought rather to handle and treat of matters of religion. For (ſayth hée) the bookes of the Euangeliſtes, Apoſtles, and Oracles of the auncient Prophetes, are they which muſt inſtruct vsus to the vnderſtanding of Gods holie lawe. Let vsus expell therefore this quarelling ſtrife, and thincke vppon the queſtions propoſed to reſolue them by the woordes of Scripture inſpired from aboue.
After him againe, the holie Emperours Gratian Valentinian & TheodoſeGratian, Valentinian & Theodoſius, make a decrée, and giuegive out the edicte in theſe verie woords: Wée wil and cōmaund all people that are ſubiecte to our gratious Empire, to be of that religion, which the verie religion taught & conueighed from Peter till now doth declare, that the holie Apoſtle Peter did teach to the Romanes. And ſo forward. By this (derely beloued) ye perceiue how kings and Princes, amonge the people of the new Teſtament, hauehave béen the foſter fathers and nourices of the Church. being perſuaded that the care of religion, did firſt of all and eſpecially belong to themſelues.
The ſecond obiection yt they make Oſias the Leper.is the leproſie of Oſias king of Iuda, which hée gatt by challenging to himſelfe the office of the Prieſt, while hée preſumed to burne incenſe on the incenſe altar. They obiect the Lords commaundement, who badd Ioſue ſtand before Eleazar the Prieſte, and gaue the king in charge to receiue the booke of the law at the Leuites hāds. But our diſputation tendeth not to yt confounding of the offices and duties of the magiſtrate, and miniſters of the The ſeuerall offices of the Magiſtrates & of the miniſters muſt not be cōfounded.Church, as that wée would hauehave the king to preach, to baptize, and to miniſter the Lords ſupper: or the prieſt on the other ſide to ſit in the iudgment ſeate, and giuegive iudgement againſt a murderer, or by pronouncing ſentēce to take vppe matters in ſtrife. The Church of Chriſt hath, and reteyneth ſeuerall and diſtinguiſhed offices, and God is the God of order, and not of cō fuſion. Hereunto tendeth our diſcourſe by demonſtration to proue to all men that the magiſtrate of duetie ought to hauehave care of religion, either in ruine to reſtore it, or in ſoundneſſe to preſerue it, and ſtill to ſee that it procéede according to the rule of the woord of the Lord. For to that end was the law of God giuen into the kinges hands by the prieſtes, that hee ſhould not be ignoraunt of Gods will touching matters Eccleſiaſticall and politicall, by which lawe hée had to gouerne the whole eſtate of all his realme. Ioſue the Capitaine of Gods people is ſet before Eleazar in deede, but yet hee hath authoritie to commaunde the prieſtes, and being a politique gouernour is ioyned as it were in one bodie with the eccleſiaſticall miniſters. The politique magiſtrate is commaunded to giuegive eare to the eccleſiaſtical ruler, and the eccleſiaſtical miniſter muſt obey the politique gouernour in all thinges which the law commaūdeth. So then the magiſtrate is not made ſubiect by God to ye prieſtes as to Lords, but as to the miniſters of the Lord, the ſubiection & duetie which they owe, is to the lord himſelf and to his law, to which the prieſtes themſelues alſo ought to be obedient, as well as the Princes. If the lipps of the prieſt erre from the truth and ſpeake not the word of God, there is no cauſe why any of the common ſort, much leſſe the Prince, ſhould either hearken vntounto, or in one title reuerence ye prieſt. The lippes of the prieſt (ſayth Malachie) keepe knowledge, & they ſeeke the Lawe at his mouth: becauſe he is the meſſinger of the lord of hoaſtes. To refuſe to hear ſuch prieſtes, is to repell God himſelf. Such prieſtes as theſe the godly princes of Iſraell did alwayes ayde and aſſiſt, falſe prieſtes they did diſgrade, thoſe which neglected their offices they rebuked ſharpelie, and made decrees for the executing and right adminiſtring of euerie office.
Of Salomon wee read, that hée put Princes hauehave done and dealt in religionAbiathar beſide the prieſthoode of the Lord (that hee might fulfil the word of the Lord which he ſpake of Heli in Silo) and made Zadok prieſt in Abiathars ſtéede. In the ſecond booke of 2. Parali. 8.Chronicles, it is ſaid: And Salomon ſet the ſorts of prieſtes to their offices as Dauid his father had ordered them, and the Leuites in their watches, for to praiſe & miniſter before the prieſtes day by day, as their courſe did require. In the ſame booke againe Ioiada the prieſt doth in déede annointe Ioas king, but neuertheleſſe the king doth cal ye prieſt, & giuegive him a cōmaundement to gather money to repaire the temple. Moreouer that religious and excellent Prince Ezechias, called the prieſtes and Leuites, and ſaid vntounto them: Bee ye ſanctified and ſanctifie ye the houſe of the Lord our God, and ſuffer no vncleanneſſe to remaine in the ſanctuarie. My ſonnes be not ſlacke now, becauſe the Lord hath choſen you to miniſter vntounto him ſelfe. Hée did alſo appoint ſingars in the houſe of the Lord, and thoſe that ſhould play on muſicall inſtruments in the Lords temple. Furthermore king Ezechias ordeyned ſondrie companies of prieſtes and Leuites, according to their ſondrie offices, euerie one according to his owne miniſterie. What may be ſayd of that too, that euen hee did diuide to the prieſtes their portions and ſtipends throughout the prieſthoode? The ſame king gaue charge to all the people, to …éepe holie yt feaſt of Paſſeouer, writing to them all ſuch letters as prieſtes are wont to write, to put them in mind of religion and hartie repentaunce. And after all this, there is added: And the king wrought that which was good, right, and iuſt before the Lord his God. When Princes therefore doe order religion according to the woord of God, they do the thing that pleaſeth the Lord. This and the like is ſpoken againe by the godly Prince Ioſias. Who therefore will hereafter ſay, yt the care of religion belongeth vntounto biſhops alone?
The Chriſtian Emperours following the example of ye auncient kings as of their fathers, did with greate Pri…ces hauehave … relig…care prouide for the ſtate of true religion in the Church of Chriſte. Arcadius & Honorius did determine, that ſo often as matters of religion were called in queſtion, the biſhopps ſhould be ſommoned to aſſemble a counſell. And before them againe, the Emperours Gratian, Valentinian, and Theodoſius, eſtabliſhed a lawe wherin they declared to the world, what faith and religion they would hauehave all men to receiue and reteine, to witte the faith and doctrine of S. Peter. In which edicte alſo they proclaimed all them to be heretiques, which thought or taught y• contrarie: allowing them alone to be called catholiques, which did perſeuere in S. Peters faith. By this we gather yt the proper office of y• prieſts, is to determine of religion by proofes out of the woord of God, & that the princes dutie is to a…de ye prieſtes, in aduauncement and defence of true religiō. But if it happen at any time, that the prieſts be ſlack in doing their duetie, then is it the princes office by compulſion, to inforce the prieſtes to liue orderlie according to their profeſſion, and to determine in religion according to the woord of God. The Emperour Iuſtinian, in Nouellis Cō ſtitut. 3. writing to Epiphanius Archbiſhop of Conſtantinople, ſaith: Wee hauehave (moſt reuerend Patriarch) aſſigned to your holineſſe the diſpoſition of all things that are honeſt, ſeemelie, and agreeable to the rule of the holie ſcriptures, touching the apointing & ordering of ſacred biſhops & reuerēd clearkes. And in the 7. Conſtitution hée ſaith: Wee giuegive charge and commaūdemēt that no biſhop hauehave licēce to ſell, or make away any immoueables, whether it be in houſes or landes belonging to the Churches. Againe in the 57. Conſtitution, hée forbiddeth to celebrate the holie myſteries in priuate houſes. Hée addeth the penaltie and ſaith: For the houſes wherein it is done ſhalbe confiſcate and ſold for money, which ſhalbe brought into the Emperours Exchequer. In the 67 Conſtitution, hée chargeth all biſhops not to be abſent from their Churches: but if they be abſent, he willeth yt they ſhould receiue no commoditie or ſtipend of the prouinciall ſtuards, but yt their reuenue ſhould be imployed on y• Churches neceſſities. In the 123. conſtitution the lieuetenauntes of euerie prouince are commaunded to aſſemble a counſell for the vſe and defence of eccleſiaſticall lawes, if the biſhops bee ſlacke to looke thereunto. And immediatlie after hee ſaith: Wee do vtterly forbid all biſhoppes, prelates and clea…kes, of what degree ſoeuer, to play at tables, to keepe companie with diceplayers, to bee lookers on vponupon gameſters, or to runne to gaze vppon May games or pageants.
I do not alledge all this as Canonical Scriptures, but as proofes to declare that Princes in the primatiue church had power, officiall authoritie, and a vſuall cuſtome, graunted by God (as Eſai did prophecie) and deriued from the examples of auncient kinges, to commaund biſhops, and to determine of Religion in the Church of Chriſt.
As for them which obiect ye churches Eccleſiaſticall priuileges.priuilege, let them knowe that it is not permitted to any prince, nor any mortal man, to graunt priuileges contrarie to the expreſſe cōmaundemēts and verie truth of gods word. S. Paul affirmed that he had power giuen him to edifie but not to deſtroy. I am the briefer, becauſe I wil not ſtād to proue that they are vnworthie of indifferent priuileges which are not ſuch as prieſtes and Chriſt his miniſters ſhould be, but are ſouldiers rather and wicked knaues, full of all kind of miſchiefe. Amonge other thinges in the Canon Lawe Diſtinct. 40, wée finde this written. See to your ſelues, bretherne, how ye ſitte vppon the ſeate: for the ſeat maketh not the prieſt, but the prieſt the ſeate: the place ſanctifieth not the man, but the man the place. Euerie prieſt is not a holie man, but eueryevery holie man is a prieſt. Hée yt ſitteth wel vponupon the ſeate, receiueth ye honour of the ſeate: but he that ſitteth ill vppon the ſeate, doth iniurie vntounto the ſeate. Therfore an euil prieſt getteth blame by his prieſt hoode, and not any dignitie. And thus much thus farre touching this matter.
Since now that I hauehave declared vntounto you (déerely beloued) that the care of religion doth belong to the magiſtrate too, and not to the biſhopps alone, & that the magiſtrate may make lawes alſo in caſes of religion, it is requiſite that I inquire what kinde of lawes thoſe are that the magiſtrates may make in matters of religion.
There is no cauſe whie the king or magiſtrate ſhould ſuppoſe that power What lawes the magiſtrate ought to appoint concerning religion.is giuen to him to make newe lawes touching God, the worſhip of God, or his holie myſteries: or to appoint a new kind of true iuſtice and goodneſſe. For as eueryevery magiſtrate is ordeyned of God, and is Gods miniſter, ſo muſt hée be ruled by God, and be obedient to Gods holie word and commaundement, hauing euermore an eye vntounto that, and depending ſtil vppon that alone. The ſcripture which is y• word of God, doth abundauntly enough ſet downe al that which is proper to true religion: yea the Lord doth flatly forbidde to adde too, or take any thing from his holy word? The magiſtrate therefore maketh no newe lawes touching God, and the honour to be giuen to God, but doth religiouſly receiue and kéepe, doth put in vre and publiſh thoſe auncient lawes in that kingdome which God hath allotted him vntounto. For hereunto apperteineth the giuing of the booke of Gods law vntounto the kinges of Iſraell, that they might learn therby the way to do the things which they of duetie ought to ſée done. To Ioſue the Lord doth ſay: See that thou doeſt obſerue & doe according to all the law that Moſes my ſeruaunt commaunded thee. Thou ſhalt not tourne from it, either to the righte hand or to the left. Neither ſhall the booke of this lawe depart out of thy mouth, but occupie thy minde therein day and night, that thou maiſt obſerue and doe according to all that is written therein. For then thou ſhalt make thy way proſperous, and then thou ſhalt do wiſelie. Deuout and holie Princes therefore did doe their faithfull & diligent indeuour to cauſe the word of God to be preached to the people, to reteine and preſerue among the people the lawes, ceremonies and ſtatutes of god, yea they did their beſt to ſpread it to al men as farre as they could, and as place and time required, to applie it holilie to the ſtates & perſons: on the other ſide they were not ſlack to baniſh & driue away falſe doctrine, prophane worſhipings of God, & blaſphemies of his name, but ſettled themſelues vtterlie to ouerthrow and roote it out for euer. In this ſort (I ſay) godly magiſtrates, did make and ordeine deuoute lawes for the maintenaunce of religion. In this ſort they bore a godlie and deuout care for matters of religion.
The cities which the Leuites had to poſſeſſe, were of old their ſcholes of …Iſrael. Now Ioſue did appoint thoſe cities for ſtudies ſake, and the cauſe of godlines. King Ezechias was no leſſe carefull for the ſure paiment and reuenue of the miniſters ſtipēds, than hee was for the reſtoring and renuing of euerie office. For honour and aduauncemēt maketh learning to flouriſh: when néede and neceſſitie is driuen to ſéeke out ſondrie ſhiftes: beggarie ſetteth religion to ſale, much more the inuented lyes of mens owne mouthes. Ioſaphat ſendeth Senatours and other officers with the prieſtes and teachers through al his kingdome. For his deſire was by all meanes poſſible to hauehave Gods word preached with authoritie and a certaine maieſtie, and being preached to hauehave it defended and put in vre to the bringing forth of good workes. King Ioſias doth together with idolatrie and prophane worſhippinges of God, deſtroy the falſe prieſtes that were to be found: ſetting vppe in their ſtéeds the true teachers of Gods word, and reſtoring againe ſincere religion: euen as alſo king Ioas (hauing rebuked the Leuites) did repaire the decayed buildings of the holie temple. I am not able to runne through all the Scriptures, and rehearce al the examples in them expreſſed: let ye Godly Prince or magiſtrate learne by theſe fewe, what and how hée ought to determine touching lawes for religion.
…iſers of new fan … wor…ippes are …arſed of God.On the other ſide Ahia the Silonite ſaith to Ieroboam. Thus ſaith the Lord: Thou ſhalt reigne according to all that thy ſoule deſireth, and ſhalt be king ouer Iſrael. And if thou hearken vntounto all that I commaunde thee, and wilt walke in my wayes, and doe that is right in my ſight, that thou keepe my ſtatutes and my commaundements, as Dauid my ſeruaunt did, then will I be with thee, & build thee a ſure houſe. But the wretch deſpiſed thoſe large promiſes, and reiecting Gods word, his temple at Ieruſalem, and his lawfull worſhip, refuſing alſo the Leuites, hée made him prieſtes of the dregges and raſcall ſort of people, hée built himſelf new temples, which hée decked, nay rather diſgraced with images and idolls, ordeyning and offering ſacrifices not taught in Gods woord, by that meanes inuenting a certain new kind of worſhipping god, and a new maner of religion. And although his deſire was to ſéeme to be willing to worſhippe God, yet is he by God condemned for a wicked man. Hearken I pray, the ſentence of the Lord, which hee denounceth againſt him: Thou haſt done euil (ſaith Ahia as the Lord had taught him) aboue all that were before thee. For thou haſt gone and made the other Gods, and moultē images, to prouoke mee, and haſt caſt mee behinde thy backe. Therefore I will bring euill vppon the houſe of Ieroboam, and wil roote out from Ieroboam euen him that piſſeth againſt the wall, and him that is in priſōn and forſaken in Iſrael, and will take away the remnaunte of the houſe of Ieroboam, as one carieth away dunge till all be gone. And al theſe thinges were fulfilled according to the ſaying of the Lord as the Scripture witneſſeth in theſe words: Whē Baaſa was king, he ſmote all the houſe of Ieroboam, and left nothing that breathed, of that that was Ieroboams. But ye very ſame king being nothing the better or wiſer by an others miſhap, & miſerable example of his predeceſſour, ſticketh not to continue, to teach the people, to publiſh and defend the ſtraung and forreine religion, contrarie to the woord of God, which Ieroboam had begunne. But what followed thereuppon? Forſothe the Lord by the preaching of Hanani the Prophete doth ſay vntounto him: Foraſmuch as I exalted the out of the duſt, and made thee prince ouer my people Iſraell, and thou haſt walked in the way of Ieroboam, and haſt made my people Iſraell to ſinne, to anger mee with their ſinnes, behold I will roote out the poſteritie of Baaſa, and the poſteritie of his houſe, and will make thy houſe like the houſe of Ieroboam. Which was perfourmed (as the ſcripture ſaith) by Sim… capitaine of ye hoaſte of Iſrael. For he deſtroyed king Hela the ſonne of Baaſa when he was drunken, and all his poſteritie. Amri ſucceeded in the kingdome who was the father of Achab that miſcheſous cutthroate, whom the Syrians ſiue in fighting a battaile. A…ter him reigned his ſonnes Ochoſias and Ioram. But when they left the religion taught in the woord of God, to follow the new tradition of king Ieroboam, and had thereunto added the worſhipping of the ſhamefull idole Baal, they were vtterly (at laſt) deſtroyed by the meanes of Iehu a very iuſt, although a rigorous prince. The ofſpring of Amri reigned about the ſpace of 40. yeares, not without the ſheading of much innocent bloud, but it was at laſt deſtroyed, when yt meaſure of iniquitie was fulfilled, & was vtterly plucked vp at the rootes by ye iuſt iudgment of Almightie God. Let al Princes and magiſtrates therfore learne by theſe wonderfull and terrible examples, to take héede to themſelues how they deuiſe any new religiō, or alter the lawful & auncient maner of worſhipping, which God himſelfe hath ordeined alreadie. Our faithfull Lord is our good God, who hath fullie, ſimplie, and abſolutely ſet downe in his word his true religion & lawfull kind of worſhippe, which hee hath taught all m…n to kéepe alone & for euermore: Let all men therefore cleaue faſt vntounto it, and let them die in defence thereof that meane to liue eternallie. They are puniſhed from aboue whoſoeuer doe adde too, or take away any thing from the religion and kind of worſhippe firſt ordeined and appointed of God. Marcke this ye great men and Princes of authoritie. For the kéeping or not héeping of true religion, is the roote from whence aboundant fruite of felicitie, or elſe vtter vnhappineſſe doth ſpring and bud out. Hee therefore that hath eares to heare let him heare. Let no man ſuffer himſelfe to bee ſeduced and caried away, with any coloured intent, how goo…ly to the eye ſecuer it bee, which is in deede a meere vanitie and deteſtable iniquitie. To God obedience is much more acceptable than ſacrifices are. Neither doe the decrees of the higheſt néede any whit at al our fond additions.
Here followeth now ye ſecond part of the magiſtrates ordinaunce, which ….conſiſteth in making good lawes for the preſeruation of honeſtie, iuſtice, and publique peace. Which is likewiſe accompliſhed in good and vpright lawes. But ſome there are who think it meere tyrannie, to lay lawes on frée mens backs, as it were a yoake vppon necks not vſed to labour: ſuppoſing that euerie one ought rather to be left to his owne wil and diſcretion. The Apoſtle in dede did ſay: The lawe is not giuen for the iuſt, but for the vniuſt. But the cauſe, whie the lawe is not giuen to the iuſt, is, becauſe hée is iuſt: For the iuſt worketh iuſtice, and doth of his owne accord the thing which ye lawe exacteth of euerie mortall man. Wherefore, the lawe is not troubleſome to the iuſte man, becauſe it is agréeable to the mind and thoughts of vpright liuers, who doe imbrace it with all their hearts. But the vniuſt deſireth nothing more than to liue as hée iuſteth, hée is not conformable in any point to the lawe, and therefore muſt hée by the lawe be kept vnderunder, and brideled from marring himſelfe and hurting other. So then, ſince to good men the lawes are no troubleſome burden, but an acceptable pleaſure, which are alſo neceſſarie for the vniuſte, as ordeined for the brideling of lawleſſe and vnrulie people, it followeth conſequently that they are good and profitable for all men, and not to bee reiected of any man. What may bee ſaid of that moreouer, that God himſelfe, who did foreſée the diſpoſition of vsus men, what wee would bee, and hath ſtill fauoured the true libertie, which hée deſired alwayes to hauehave preſerued amonge his people, as one that euer meant them good, and neuer did ordeine the thing that ſhould tourne to their hinderaunce or diſcommoditie, that God himſelfe (I ſay) was their lawegiuer, and hath not ſuffered any age at any time to liue as people without all lawe? Yea too, thoſe common weales hauehave beene happie alwayes, that hauehave admitted lawes, and ſubmitted themſelues to be gouerned by lawes: When as contrarilie thoſe kingdomes hauehave of all other beene moſt miſerable, and torne in peeces by ciuil diſſentions & forreigne enimies, which hauing baniſhed vpright lawes, did ſtriue to mainteine their owne kind of fréedome, their vncomptrolled dealing, and licentious libertie, that is, their beaſtly luſte and vnciuil rudeneſſe. Good lawes therefore are for the health and preſeruation of the people, and neceſſarie for the peace and ſafegard of common weales and kingdomes. Wherefore it is a wonder to ſee the follie of …ome Chriſtians, ſince the verie Heathens hauehave giuen ſo honeſt report of lawes and lawegiuers. They tooke their lawegiuers for Gods, confeſſing therby that good lawes are ye gift of God. But the gift of God cannot be ſuperfluous and vnprofitable. Plutarch called lawes the life of cities. Demoſthenes did expreſſely confeſſe that lawes are the giftes of God. Cicero named lawes the bondes of the citie (becauſe without lawes it is looſed & diſperſed) the foundation of libertie, and the wellſpring of iuſtice and perfect honeſtie. For lawes vndoubtedly are the ſtrongeſt ſinewes of the cō mon weale, & life of the magiſtrates: ſo that neither the magiſtrates can without the lawes conueniently liue and rule the weale publique, nor the lawes without the magiſtrates ſhew forth their ſtrength and liuely force. The magiſtrate therefore is the liuing The Magiſtrate … a lawe i… dued wit… life.lawe, and the lawe is the dumbe magiſtrate. By executing and applying the lawe, the lawe is made to liue and ſpeake. Which thoſe Princes do not conſider that are wont to ſay, Wir ſind das racht: wée are the right, wée are the lawe. For they ſuppoſe yt they at their pleaſure may cōmaund what they liſte, and that all men by and by muſt take it for lawe. But that kind of ruling without al doubt is extreme tyrannie. The ſaying of the Poet is verie well knowen, which repreſenteth the verie words of a tyraunt.
I ſay it, and it ſhalbe ſo,
my luſt ſhalbe the lawe.
The Prince in déede is y• liuing lawe, if his mind obey the written lawes, and ſquare not from the lawe of nature. Power and authoritie therefore is ſubiecte vntounto lawes. For vnleſſe the Prince in his heart agree with the law, in his breſt doe write ye law, and in his woords and déedes expreſſe the law, he is not worthie to be called a good mā, much leſſe a Prince. Againe, a good Prince and magiſtrate hath power ouer the Lawe, & is maiſter of the lawes, not that they may tourne, put out, vndoe, make and vnmake them as they liſte at their pleaſure, but becauſe hée may put them in practiſe among ye people, applie them to the neceſſitie of the ſtate, and attemper their interpretation to ye meaning of the maker.
They therefore are deceyued as farre as heauen is wide, which thinck To put too, and take from …awes.for a few priuileges of Emperours & kinges, graunted to the magiſtrate to adde, diminiſh, or chaunge ſome point of the lawe, that therefore they may vtterly aboliſh good lawes, and liue againſt all lawe and ſéemelineſſe. For as no Emperours or kinges are permitted to graunt any priuileges contrarie to iuſtice, goodneſſe, and honeſtie: ſo if they do graunt any ſuch privilege, it ought not to be receiued or taken of good ſubiects for a good tourn or benefite, but to be counted rather, (as it is in déede) their vtter deſtruction and cleane ouerthrowe. Among all men at all times and of all ages, the meaning & ſubſtaunce of ye lawes touching honeſtie, iuſtice, & publique peace is kept vnuiolable, if chaūge be made it is in circumſtances, and the law is interpreted as the caſe requireth, according to iuſtice and a good end. The law ſayth: Let no man kill an other: let him that killeth an other be killed himſelf. That law remayneth for euer vnchaungeable, neither is it lawfull for any man at any time, to put it out or wipe it away. And yet the rigour of the law may be diminiſhed, and the law it ſelfe fauourablie interpreted: as for example. If a man kill one, whom hee loueth entirely well, and kill him by chaunce, & not of ſet purpoſe, or pretended malice, ſo that when hee hath done hee is ſoarie for it at the verie hart, & would (if it were poſſible) buye his life again with what ſoeuer hée hath to giuegive for it: in ſuch a caſe the killer ought not to be killed, and therin the magiſtrate may diſpence with the rigour of the lawe, An other beareth a deadly and continuall grudge to one, whom hee killeth, and goeth about to colour the matter vnderunder the pretence of happe & miſfortune. For hée ſought occaſion, that hée might for himſelf hauehave a ſhew of chauncemedley. In ſuch a caſe as this, the magiſtrate cannot chaung any iote of the law, but muſt néedes kil him whom the meaning of the law commaundeth to kill. I could alledge more examples like vntounto theſe, but my care is of purpoſe ſomuch as I may, not to bee too tedious vntounto you with too a long a diſcourſe. By this that I hauehave ſpoken it is apparauntly euident, that lawes are good and not to be broken, & how farre forth they doe admit the Princes foreign, that is, the Princes moderation, interpretation, limitation or diſpenſation, leaſt peraduēture that old and accuſtomed Prouerbe bée rightly applied vntounto them: Lawe with extremitie, is extreme iniurie.
Hetherto I hauehave declared that lawes are good, profitable, neceſſarie, Wh… mann… lawes mag… ought vſe.and not to bee broken: it remaineth now to tell what and what kind of lawes the magiſtrate ought moſt chieflie to vſe for the ordering and mainteyning of honeſtie, iuſtice & publique peace according to his office. Some there are whoſe opinion is, that the magiſtrate ought not to vſe any written lawes, but that hée ſhould rather giuegive ſentence as hée thought beſt according to naturall equitie, as the circumſtances Written …wes are …eedfull.of place, time, perſons, and caſes doe ſéeme to require. Other ſome there are that do their indeuour to thruſt into all kingdomes and common weales, the Iudiciall lawes of Moſes. And ſome there are which hauing once reiected the lawe of Moſes, wil hauehave no iudgement giuen in law, but what is deriued out of the lawes of heathen Princes. But ſince they that hauehave the preeminence and magiſtrates autoritie, are men either good or bad: and ſince that euen in the beſt men, courtouſnes, anger, hatred, fauour, griefe, feare, and other affectiōs are rife to be found, to whom I pray you hauehave they committed the common weale, which reiecting all written ſtatuts and certein lawes, would hauehave euerie man that is a magiſtrate to giuegive iudgment as hée himſelf thinketh beſt? HaueHave they not committed their common weale to the rule of a beaſt? But what ſhal I ſay then of euill men that are in authoritie, ſince in the beſt men thnges are ſo amiſſe? As good were a kingdome ſubiecte to the furies of hel, as bound to the iudgments of naughtie men. But wée will (ſay they) hauehave them giuegive iudgement according to the equitie of natures lawe, and not after the luſte of their corrupt affection. Mine aunſwere is to that, that they will giuegive iudgement as affection leadeth them without controllment, and ſay that they iudged by naturall equitie. They cannot, they wil ſay, iudge otherwiſe, nor otherwiſe vnderſtand the pith of the matter. They thincke that beſte which they hauehave determined: and nothing is done contrarie to conſcience: and thou for thy labour ſhalt be called Coram nobis for daring find fault with their ſentence in iudgment. And ſo ſhal the iuſt man periſh, barbarous affections ſhall hauehave the vpper hand, and naughtie men rule all the roſte. Yea and admitte wée graunt all men are good that are called to be magiſtrates, yet diuerſitie of opinions that will riſe in giuing of iudgement, will ſtirre vp among them endleſſe braules and continuall troubles. If all thinges therefore be well conſidered, the beſt way by a great deale is to put written lawes in vre. Let vsus learne this by the example of our eternall, wiſe, excellent, and mightie God, who gaue to the Iewes his peculiar people ſuch lawes as at his cōmaundement were ſet downe in writing. The magiſtrate hath otherwiſe buſines enough to iudge, that is, to applie, and conferre the cauſes with the lawes, to ſée how farre and wherein they agrée or diſagrée, and to iudge who hath offended againſt the law, and who hauehave not tranſgreſſed the lawe.
Now it is to be marked that in Moſes Iudiciall lawe, there are many things proper and peculiar to the Iewiſh Nation, and ſo ordeyned according to the ſtate of the place, time, and perſons, that if wée ſhould goe about to thruſt on and applie them to all other nations, we ſhould ſéeme to ſhew our ſelues more than halfe madde. And to what end ſhould wée bring The lawe of Moſes is not to be in forced vponupon kingdom: & countries.backe and ſet vppe againe among the people of God, the ofſcouringes of the heathen, that were caſt out a great while agoe? The Apoſiles of our lord Ieſus Chriſt did binde or burden no man with the lawes of Moſes, they neuer condemned good lawes of the heathens, nor commēded to any man naughtie lawes of the Gentiles, but left the lawes, with the vſe and free choice of them, for the Saintes to vſe as they thought good. But therewithall they ceaſſed not moſt diligently to beate into all menns heades, the feare of God, faith, charitie, iuſtice and temperaunce, becauſe they knew that they in whoſe heartes thoſe vertues were ſettled, can either eaſilie make good lawes themſelues, or picke and chooſe out the beſte of thoſe which other men make. For it maketh no mattter whether the magiſtrate pick out of Moſes Iewiſh lawes, or out of the alloweable lawes of the heathen, ſufficient lawes for him and his countriemen, or elſe doe kéepe ſtill the old and accuſtomed lawes, which hauehave before béene vſed in his countrie, ſo that hée hauehave an eye to cutte off ſuch wicked, vniuſt, and laweleſſe lawes, as are found to be thruſt in among ye better ſort. For I ſuppoſe that vpright magiſtrats ought to take off curioſitie, A prouerb vſed when one will make them blinde that were before him, & diſanull that, which wiſe men hauehave allowed.and new inuented nouelties. Seeldom, (ſaith the Prouerbe) is the Crowes eye pickte out without troubleſome ſtirres: and curious mens new lawes are for ye moſt part worſe than the old, that are broken by them and vtterlie aboliſhed.
Furthermore al lawes are giuen for ordering of religion or outward worſhip of God, or elſe for ye outward conuerſation of life, and ciuil behauiour. Touching the lawes of religion I hauehave ſpoken of them before. For Ciuill lawes, what manner of lawes they bee,ciuil and politique lawes I adde thus much and ſay, that thoſe ſéeme to bée the beſt lawes, which according to the circumſtaunce of euerie place, perſon, ſtate and time, doe come néereſt vntounto the preceptes of ye tenne commaundements, and the rule of charitie, not hauing in them any ſpot of iniquitie, licentious libertie, or ſhameleſſe diſhoneſtie. Let them moreouer be briefe and ſhorte, not ſtretched out beyonde meaſure, and wrapped in with many expoſitions: let them hauehave a full reſpecte to the matter whereto they are directed, and not be friuolous and of no effect. Now marke, that politique lawes doe for the moſt part conſiſt in thrée eſpeciall and principall pointes, honeſtie, iuſtice, and peace. Let lawes Lawes of honeſtietherefore tend to this end, that diſcipline and honeſtie may bee planted and mainteyned in the cōmon weale, and that no vnſéemelie, licentious, and filthie act bee therein committed. Let lawe forbidde all vncleanneſſe, wantonneſſe, lightneſſe, ſenſualitie, and riottouſneſſe, in apparell, in building, in bibbing, and banquetting. Let wedlocke bee commaunded by lawe to bee kept holie. Let ſtewes and brothell houſes bée baniſhed the Realme. Let adulteries, whoredomes, rapes, and inceſtes bée put to exile. Let moderate feaſtinges be allowed and admitted. Let thriftines be vſed, which is the greateſt reuenue that a man can inioye. Brieflie, whatſoeuer is contrarie to honeſtie and ſéemelines, let it by lawe bée driuen out and reiected. Let iuſtice by …lawes be ſtrongly fortified. Let it by lawes be prouided, that neither citizen nor forrenner be hurt or hindered in fame, in goods, in bodie, or life. Let vpright lawes be made for the obteyning of legacies and inheritaunces, for the perfourming of contractes & bargaines, for couenaunts & agréements, for ſuretieſhipps, for buying and ſelling, for weightes and meaſures, for leaſſes and things let to hyre, for lending and borrowing, for pawnes in morgage, for vſe, commoditie, and vſurie of money. Let order be taken for maintenaunce of peace betwéene the father and his children, betwixte man and wife, betwixt the maiſter and the ſeruaunte, and to bee ſhorte, that euerie man may hauehave his owne. For my meaning is, not here to recken vppe particularlie euerie ſeuerall point and title of the lawe.
Laſtlie, meanes muſt bee made by …awes of … and …nimitiegiuing of lawes, that peace may bee eſtabliſhed, wherby euerie man may enioye his owne. All violent robberies and iniuries muſt bee expelled, priuie grudges, and cloſe conſpiracies muſt not bee thought off. And warre muſt be quieted by wiſedome, or elſe vndertaken and finiſhed with manlie fortitude.
But that wée may hauehave ſuch a magiſtrate and ſuch a life, the Apoſtle commaunded vsus, earneſtlie to pray, where hée ſaith: I exhort you that firſt of all prayers, ſupplications, interceſſions, and giuing of thankes bee made for all men, for kinges and for all that are in authoritie, that wee may liue a quiet and peaceable life in all godlines and honeſtie. I am now againe compelled to end my Sermon before the matter be finiſhed. That which remayneth, I will adde tomorrow. Make ye your earneſt prayers, with your mindes lift vppe into heauen. &c. (⸫)