The Nature and Use of Things Indifferent, Chapter 8
CHAP. IIX. Of the power of Lawes, eſpecially of Eccleſiasticall Lawes: & whether they bind the conſcience. where alſo is handled of Ciuill and Eccleſiasticall Magiſtrates; and of Chriſtian Libertie.
BEcauſe the LAVV of God (the ſumme or abridgement whereof, Of Humane LAWESis compriſed in the Decalogue) containeth many generall principles; out of which, eueryevery man is not able to collect and deriue ſpeciall Concluſions or Lawes, for the common benefit of Church and Common-wealth; therfore it was needfull that Almighty GOD ſhould raiſe vp ſpeciall wiſe and vnderſtanding Men, who might more ſufficiently and prudently expound and draw exact Rules out of that Diuine Law, for the profit and conſeruation of the Common-wealth.
2 Hence firſt of all, proceeded all HVMANE LAVVES, which were not only conceiued, declared, and proclamed by Men, as Miniſters and Meſſengers, but deriued out of Mans vnderſtanding and witte, as from an author and inuentour.
3 Now if theſe be iuſt and righteous, they are worthy the name of LAVVES, but if they be vniuſt and tyrannicall, who can affoord them ſuch a title or appellation?
4 Wherefore to the intent, What things are required in iuſt Lawes.that we be not deceiued in our iudgment, let vsus ſee what things appertaine to the right ordination of eueryevery Law.
5 There are two things requiſite in eueryevery iuſt Law; Neceſſarie Reaſon; and Iust or lawfull Authoritie.
6 Neceſſary Reaſon doth alſo depend vponupon two things; 1. Neceſſarie Reaſon.to wit, vponupon the Originall of the Law; and vponupon the End thereof.
7 The Originall of eueryevery Law, The Original of Humane Lawes.ought to be taken out of the only fountaine of Lawes, namely, THE ETERNALL LAVV OF GOD, commanding the eternall LOVE of GOD and MAN.
8 The End of the Law is two-fold, Subordinate, The End of Lawes.and Principall; wherof the former, which is the ſafetie & profit of the people, ought to be ſubiect vntounto, and ſerue the latter, that is, the Principall, which is, the Glory of GOD. For if any Law doth not ſerue for this purpoſe, it cannot be iuſt?
9 The Authoritie or power which is requiſite to the ſanction or ordinance of a righteous Law, 2. Just Authoritie.is the ſoueraigntie of the lawfull Magiſtrate ouer his Subiects.
10 This ſoueraignty, albeit it may ſeeme to be alwaies iuſt, in reſpect of the Subiects, yet it degenerateth and becommeth vniuſt, if it be not ſubordinate and ſubiect to the the Law of GOD.
11 For as all Humane authoritie is ſinite and limited, Humane Authority ought to be ſubiect to that which is Diuine.ſo of neceſſitie it muſt be ſubordinate and ſubiect to that authority which is infinite, of which ſort there is no other authority, but only GODs; from which, if any Humane power doth ſwarue, by abuſe it becommeth vniuſt and tyrannous.
12 Humane Lawes are of two ſorts, Eccleſiastical, Humane Lawes twofold. 1. Eccleſiasticall.and Ciuill.
13 Eccleſiasticall Lawes, are the Determinations of Circumſtances, neceſſary, or profitable for the keeping of the Morall Precepts of the firſt Table.
14 For they belong, either to the preſeruation of good order and comlineſſe in the Congregations of the Church, in the vſe and practiſe of the Eccleſiaſtical Miniſterie; or to the outward exerciſes of pietie, whether publique, or priuate; or for the auoiding of the Scandall of the weake, and for their conuerſion to the Church and knowledge of the truth; as we hauehave ſaid before.
15 Ciuill Lawes, 2. Ciuill,are the Determinations of Circumſtances neceſſary or profitable for the keeping of the morall Precepts of the ſecond Table.
16 Becauſe they concerne the Conſeruation of Order and Comlineſſe in common life and ciuill ſociety, and of peace amongſt men.
17 And albeit both the Eccleſiaſticall and Ciuill functions be, Both the functions hauehave all others ſubiect vntounto themſelues.euerie one in regard of it ſelfe, Principall, hauing all other functions ſubordinate and ſubiect thereunto, yet are they diſtinguiſhed one from another, by certaine boūds and limits in the adminiſtration of the affaires of Religion.
18 For the Miniſter of the Church inſtructeth the conſciences of men by the Word, The Miniſter.whereunto the greateſt Magiſtrate is as well bound to harken and yeeld obedience, as the inferiour citizen of loweſt degree.
19 And the Ciuill Magiſtrate taketh charge and care, The Magiſtrate.that the Word be truly taught, preached and receiued; puniſhing, with the external ſword the violators and contemners of Diſcipline, whether they be Miniſters, or common people.
20 And this is certaine, The Eccleſiaſticall and Ciuill functions are diſtinct Offices.that theſe two Offices or functions, are diſtinct and different one from the other, which Satan hath marueilouſly confounded in the Papacie; but we, and all other good Chriſtians, muſt watch diligently, that they be not confounded againe.
21 From whence it ariſeth, Note well.that one and the ſame Perſon cannot be a Biſhop, and a Prince or King, alſo a Paſtor and a Maſter of a familie. For as theſe Offices are diuided and ſeuered, ſo ought alſo the Perſons to be.
22 And yet ONE MAN may vndergoe and beare both Perſons, Whether one and the ſame Man may beare two perſons.as the ſame N. may be both a Miniſter, and a Maſter of a family. So N. being one and the ſame man may be, both Duke of Cornwall and Archbiſhop of Yorke; and yet the Duke of Cornwall cannot be Archbiſhop of Yorke.
23 A Biſhop, as he is Biſhop, hath no power ouer the Church, to impoſe any Law, Tradition, or Ceremony, without the conſent thereof, either expreſſe, or implied.
24 Becauſe the Church is a free Lady or Miſtreſſe, and the Biſhops ought not to beare rule ouer the faith of the Church, nor to oppreſſe or burthen her againſt her will. For they are the Stewards and Miniſters of the Church, and not LORDS ouer the ſame.
25 But if the Church doth giuegive her conſent, and ioyne as one body with the Biſhops, then they may impoſe what they pleaſe vponupon themſelues, (prouided it be not againſt the analogie of faith) and ſo againe omitte and releaſe the ſame at their owne pleaſure.
26 A Biſhop, as he is a Prince, much leſſe may burthen the Church with any conſtitutions: for this were to confound both Offices, and to be indeed foreign. I ſpeak this of the Church, as it is a Church, and diſtinguiſhed from the Ciuill eſtate.
27 A Biſhop, as he is a Prince, may impoſe whatſoeuer he thinketh good vponupon his Subiects, as they be Subiects, and they are bound to yeeld obedience thereunto, ſo it be godly and lawfull. For then they obey, not as they are the Church, but as citizens and Subiects. For there is a two-fold Perſon in one and the ſame man.
28 So N. as he is Duke of Cornwall, commanding all his Subiects to keepe a generall faſt, or any other ſuch lawfull thing, this commandement conſtraineth all them that acknowledge his power, as he is Duke, to obedience: but not all thoſe which acknowledge him to be their Archbiſhop, namely, which are ſubiect to ſome other temporall Duke or Prince, albeit they be of the Prouince of Yorke.
29 Euen as N. compelleth his Seruant to be obedient vntounto his Oeconomicall or Domeſtique Lawes and Orders, but not his Church N.
30 But to come neerer the point, The Office of the Ciuil Magiſtrate in Eccleſiaſticall matters.there is a three-fold Office of the Ciuil Magiſtrate in Eccleſiaſtical affaires. First, that after the example of Dauid (1. Chron. 16.27. &.) he prouide, that true Doctrine & the ſincere Worſhip of God may flouriſh in eueryevery part of his kingdome; and that the Churches may be rightly ſetled and gouerned by able and ſufficient perſons.
31 The Second Office is, that the Magiſtrate doe by his publique authority approue & eſtabliſh that Order, which was ordained by GOD himſelfe for this end and purpoſe. Euen as the godly King Iehoſhaphat deſtroyed the groues, and tooke away the high places out of Iuda, and ſent his Nobles with the Prieſts and Leuites through all his kingdome, with the Booke of the Law, which they had, that they might goe about all the cities of Iuda, and teach the ſame to all the people. 2. Chron. 17.6.
32 So alſo Ezekias ſent letters and meſſengers into all Iſrael, to call them to the houſe of the Lord, at Ieruſalem, to offer the Paſſeouer to IEHOVAH the God of Iſrael. 2. Chro. 30.2. &c.
33 And ſo Nehemiah cauſed the Booke of the Law to be read in the eares of the people, and according to the Law therein contained, he ſeparated and put away al the ſtrange wiues, which the Iſraelites had married, contrarie to the ordinance of GOD, Nehem. 13.1. &c.
34 The Third Office is, that they prouide, that all thoſe things, which doe appertaine to God, and concerne the conſciences of men, be adminiſtred onelyonly by the Miniſters of the Church: and yet themſelues ought to aſſiſt and defend the Miniſterie with their preſence, counſell, protection and authoritie: ſo as there may be a coniunction, and not a confuſion of both theſe Orders and functions.
35 According to the Rule and counſell of Dauid, to his ſonne Salomon, when hee exhorteth him, to the care and charge of building the Temple, and alſo of prouiding for the holy Worſhip of God (1. Chro. 28.21.) Let all the Prieſts and Leuits be with thee, in all the Miniſterie of the houſe of God.
36 The Summe briefly is. The Ciuill Magiſtrate is the keeper of the Law of God, for ſo much as concerneth the outward diſcipline: that the difference betwixt the Miniſterie of the Goſpell, and the Magiſtracie, may alway bee preſerued.
37 The Ministerie of the Goſpell, proponeth the Goſpel of grace, whereby the Holy Ghoſt is effectuall in the beleeuers; as it is (2. Cor. 3.6.) He hath made vsus able Miniſters of the new Teſtament, not of the letter, but of the ſpirit.
38 And yet in the meane time, the Magiſtrate hath his outward Office, for the repreſſing of all Scandals, for forbidding Idolatrie, as well as adulterie and murder. Which thing is notablie manifeſted by S. Paul, ſaying, The law was giuen againſt the vnrighteous, profane, and deſpiſers of God. And the ſame Apoſtle calleth this the LAVVFVL vſe of the Law, namely, when the Magiſtrate, by outward puniſhment, repreſſeth all offences committed againſt the Precepts of the firſt and ſecond Table.
39 But here ariſeth a very difficult Queſtion, 1. Queſtion. VVhether Humane Lawes do bind the Conſcience?concerning the obſeruation of Humane Lawes; namely, Whether Humane Lawes doe ſimply binde the Conſcience? And, With what conſcience they are to be obſerued and obeyed?
40 Some boldly and magnifically brag of their CHRISTIAN LIBERTIE, whereby they affirme, that in corporall things, they are exempted and freed from all Politique ſeruitude and obedience. For, ſay they, if Obedience be neceſſarie, then is there no Libertie; for Libertie and Obedience are things repugnant one vntounto the other.
41 Others hold, that the obligation of Eccleſiaſticall and Ciuill Lawes are different and vnlike, affirming that the Ciuill Lawes do ſimply and abſolutely binde the Conſcience; and that the Eccleſiaſticall Lawes doe binde onelyonly in caſe of Scandall.
42 VntoUnto whom we Anſwer: Firſt, Of the Neceſſitie of Lawes among Men.As concerning Chriſtian Libertie: there be ſome men ſo wilde and rude by nature, that they hate all Lawes, as they doe a priſon or gaole, and neuer thinke themſelues FREE enough, except they breake all the chaines and bonds of Ciuill obedience and Brotherly ſocietie.
43 But if once they did, but in their conceites, imagine ſuch an eſtate of life, wherein there were no LAVVES at all, then ſhould they be forced, though againſt their wil, to cō feſſe that that life of Man cannot want the ſafeguard and defence of Lawes.
44 For in that lamentable and miſerable eſtate, there appeareth nothing, but a confuſion of all licentiouſnes and wickednes, and a commixtion of all hainous crimes, committed with freedome, without any controulement; all places abounding with robberies, ſlaughters, rapines, thefts and deceits.
45 Wherein no man bridleth or curbeth his own luſts, but dareth commit any villanie that commeth into his minde: ſo as no man, good or bad, can be ſecure and ſafe from open wrong, oppreſſion and violence of others.
46 And to conclude, in this eſtate, there is not any appearance of the life of Men, but of Beaſts, or rather of monſtrous Cyclopes; who being asked in the Poët Euripides, what kinde of life they did leade: they anſwered, Wee are foreign brutiſh rogues and vagabonds, wandring from place to place amongſt beaſts, foreign, and not one of vsus doe heare or regard another.
47 Now by this it may bee ſufficiently acknowledged, how much wee are to attribute to LAVVES and ORDER, which whoſoeuer goeth about to abrogate, or to remoue from Humane ſocietie, it were verily to remoue, or to take away the Sunne out of the world.
48 And yet by this we doe not aboliſh the Doctrine of Chriſtian Libertie, The Obedience of lawes taketh not away Chriſtian Libertie.which concerneth matters of farre greater importance, than ciuill and externall Libertie.
49 But wicked Epicures and godleſſe men, doe aboue meaſure ſtretch and ſtraine this doctrine, transferring it to that Libertie of the fleſh, which is not allowed by God: becauſe vnderunder the pretence of Libertie, they ſeeke immunitie from all Ciuill charges and burthens, from all Lawes, and from Magiſtrates; whom our Lord IESVS CHRIST himſelfe did not onelyonly by word, but alſo by his owne example teach, that he doth not aboliſh the lawfull Magiſtrate, or any godly and profitable Lawes and Conſtitutions: but rather that he perpetually ratifieth them all, giuing moreouer this perpetuall Rule or precept, GiueGive vntounto Caeſar the things which are Caeſars, and vntounto God the things which are Gods.
50 And for the more cleere manifeſtation, Of Chriſtian Libertie.and euident demonſtration of this point, wee will a little more exactly, (though briefly) expreſſe the ſumme of the Doctrine of Chriſtian Libertie.
51 The LIBERTIE of the Sonnes of God, is that benefit, whereby they by Faith are made the SONNES OF GOD, and by the Righteouſneſſe of IESVS CHRIST, are deliuered from ſpirituall bondage and thraldome, Galat. 5.1.
52 And this is called CHRISTIAN LIBERTIE, aſwell becauſe it was obtained by IESVS CHRIST, as alſo becauſe by him it is imparted, and left by perpetuall legacie, to all Chriſtians and faithfull men of all ages to the worlds end.
53 And this is, Libertie two-ſold.either Common to all the Beleeuers and faithfull men in the old and new Teſtament, or Proper and peculiar to them of the new Teſtament only.
54 I. I. Common, which is three-fold.The Common Libertie of all the faithfull in the old and new Teſtament, is three-fold: Firſt, from the Rigour and ſeueritie of the Morall Law. Secondly, the Bondage of ſinne. Thirdly, from the Yoke of Humane Traditions.
55 The Libertie from the Morall Law, is two-fold: Firſt, 1. From the rigiour of the Law.from the Strict exaction of perfect obedience. Secondly, from the Eternall curſe and puniſhment, for violating the Law.
56 Whereupon it followeth, that we alſo hauehave obtained Libertie from the power and tyrannie of the Diuell, from condemnation, and death eternall. Ioh. 8.26.
57 And herewith we are comforted and encouraged in the Combate of conſcience, before the iudgement feate of God.
58 The Libertie from the Bondage of ſinne, 2. From the Bondage of Sinne.is that whereby we are deliuered from the rule and dominion of Sinne, or from ſinne raigning in vsus, that it might no more beare rule ouer vsus; but being iuſtified and endued with the Holie Ghoſt, wee may willingly and of our owne accord, without conſtraint or bond, ſerue and liue to GOD in all righteouſnes (Ioh. 8.34. 2. Cor. 3.17.) Where the Spirit of the Lord is, there is libertie. Rom. 6.6. &c. 2. Pet. 2.19. Galat. 5.13.
59 The libertie from the Yoke of humane Traditions, 3. From the Yoke of Traditions.is that whereby all the faithfull are freed from obſeruation of mens Inuentions, Ceremonies and Superſtitions, which are obtruded and thruſt vponupon the Church vnderunder colour of pietie and religion, or elſe imperiouſly and by abſolute power and tyrannie commanded.
60 Such were the Phariſaicall Traditions, which the faithfull did not regard. (Matth. 24.4. Matth. 15.2. & 9.14.15.) Of this Libertie ſpeaketh S. Paul, 1. Cor. 7.23.
61 II. II. Proper. which is two-fold.The Proper Libertie of the Faithfull in the new Teſtament, which is ſpecially termed CHRISTIAN LIBERTIE, is two-fold: Firſt, Freedome from all the Iudiciall Lawes and Ceremonies of Moſes. Secondly, Freedome in Things Indifferent.
62 Libertie from the Iudiciall and Ceremoniall lawes, 1. From the Ceremonials of Moſes.is that whereby Chriſtians are releaſed from obſeruing of thoſe lawes, namely, in as much and as farre, as they concerne only the Politie of Moſes, and the inſtruction of the ancient people of the Iewes, Act. 15. 1. Cor. 9.1.19. 2. Cor. 3.17. Heb. 9.10.
63 For thoſe things which are of the law of Nature, are not abrogated by Chriſtian Libertie, but al Nations are ſtill bound to obey them.
64 Libertie in Things Indifferent, 2. Libertie in Things Indifferent.is that by which Chriſtians are free in the vſe, or abſtinence of middle and indifferent things (1. Cor. 9.1.) which may be, either obſerued, or omitted, by force and vertue of Chriſtian Libertie.
65 They may be obſerued verily, and kept for quietnes and concords ſake, alſo for auoyding of Scandall (Rom. 14.15.16. 1. Cor. 8.19. & 11.29. 2. Cor. 11.12.) But yet ſo, as that the falſe opinion of Merite, Worſhip, Perfection, and Neceſſitie, be remoued and taken away.
66 Alſo they may be neglected and omitted without Sinne, out of the caſe of Scandall, and without the appearance of the deniall of the truth, and without the omiſſion of neceſſary Confeſſion.
67 They that, neglecting theſe things in the Reformed Churches, do violate ſuch Indifferent Ceremonies, do grieuouſly ſinne, albeit they crie out a thouſand times Chriſtian Libertie, Christian Libertie, &c. and make that a pretenſe, either of their boldnes, or of their obſtinacie.
68 Hence appeareth manifeſtly, The Seruitude of the bodie repugneth not Chriſtian Libertie.that neither Corporeal and outward Seruitude and Subiection; as is that of Inferiors towards their Superiors; nor yet that Seruitude and ſubiection, which is of the Spirit towards GOD (wherof the Apostle ſpeaketh, 1. Cor. 9.27.) doe any way repugne Chriſtian Libertie: ſeeing nothing hindereth, but that a man may be free in mind, who is a Seruant touching the Body.
69 Therefore S. Paul ſaith (1. Cor. 7.21.22.) Art thou called being a Seruant? Care not for it; as if this calling were vnworthie of Chriſt: But if yet thou mayest be free, vſe it rather. For he that is called in the Lord, being a Seruant, is the Lords free man: likewiſe alſo, he that is called being free, is Christs Seruant.
70 The Kingdome of Chriſt, is a farre other thing, The Kingdom of Chriſt what it is.then Politicall and Ciuill Libertie, namely, the reſtitution of eternall life, and euerlaſting righteouſnes: and is gathered in this life, of diuers and ſundrie Nations, who vſe ſeuerall Policies, Lawes and Gouernment. For it is moſt certaine, Note well.that the GOSPELL HATH NOT ORDAINED ANY EXTERNALL OR CORPOREALL POLICIE: but permitteth vsus freely to vſe the Policies of ALL Nations, as we do freely vſe the aer, meat, apparrel, and arts amongſt all Nations.
71 Yea he will hauehave vsus (concerning the Body) to be ſubiect to the Lawes proper vntounto the Body, of meate and drinke, of apparrell, of Politique order: becauſe meate, drinke, apparrell, wedlocke, the education of children, Politique ſocientie, and defence, are NECESSARIE for the Body: and it is written, We owe honor vntounto the Body.
72 But yet the Conſciences of the faithfull are exempted from the power of Man, God only hath to doe with mens Conſciences.becauſe our Conſciences hauehave to do, not with men, but with GOD only: neither are our Conſciences bound by any Lawes, but only Diuine.
73 For, as the Prophet ſaith, IEHOVAH is our Law-giuer (Eſay 33.22.) and the Apoſtle alſo, There is one Law-giuer, which can both ſaue and destroy, Iac. 4.12.
74 They therfore that impoſe Lawes vponupon mens Conſciences, do challenge vntounto themſelues power to ſaue, and to deſtroy, and do rob GOD of his owne right.
75 And indeed, what difference ſhould there be, betwixt Humane and Diuine Lawes; if they ſhould as well bind the Conſciences, as theſe do? So ſhould any edict or commandment of man, be equall vntounto the Diuine Precepts.
76 But leſt any man ſtumble againſt this ſtone: A two-fold regiment to be conſidered in Man.Firſt, we muſt diligently obſerue the difference betwixt the Spirituall or internall, and the Politique or externall regiment of man: for by the former, the Conſcience is informed in the exerciſes of pietie, and of the Worſhip of God; and by the latter, it is inſtituted in the outward duties of humanity and ciuilitie.
77 Now then, How man is ſubiect vntounto human Lawes.according vntounto the externall and Politique regiment, eueryevery Chriſtian is neceſſarily ſubiect to all Humane Lawes (I meane ſuch as are lawfull and iuſt) whether they bee made by the Ciuill Magiſtrate, or by the Church. According vntounto the internall and Spirituall regiment, the Conſciences of the faithfull are free before God.
78 The mixture and confuſion of this difference, ought carefully to be auoided; leaſt that from Spirituall freedome, Politique Libertie be prepoſterouſly inferred.
79 Againe, That Law is ſaid to binde the Conſcience, which doth ſimply and abſolutely binde a man, without any conſideration, regard, or reſpect, either of Men, or of any Circumſtance.
80 So we ought ſimply to obey the Diuine Commandements of almightie God, without any regard or difference of men, or of time, or of place, or of any other circumſtance.
81 But we ought to obey Humane Lawes, How farre we ought to obey Humane Lawes.becauſe they are neceſſarie for conſeruation of peace and tranquillitie; NOT SIMPLY, but ſo as the Circumſtances require.
82 As, he that is an Engliſh man, and liueth in England, is bound to yeeld obedience vntounto the Lawes and policie of England: but if the ſame man goe ouer into France, then he is not neceſſarily bound to obey the Engliſh Lawes.
83 Which is a manifeſt and inuincible Argument, that the Conſcience was not ſimply and abſolutely bound by thoſe Lawes; for then they were to be obſerued, as well in France or any other place, as in England.
84 Furthermore, Albeit S. Paul willeth, Of the place of Paul, For conſcience ſake &c.that the Magiſtrate ſhould be obeyed, for Conſcience ſake, (that is, leſt by our rebellion and contumacie againſt the Magiſtrate, wee offend GOD; that ſo we might retaine a good Conſcience before him, who hath ſet the Magiſtrate ouer vsus) yet hee doth not tie our Conſciences with politique Lawes, but only willeth that the Magiſtrate be obeied ſo farre, as he commandeth honeſt and lawful things, agreeing with the Word of God: becauſe wee hauehave receiued this commandement from God, which ought in no wiſe to bee gainſaid, or reſiſted, Rom. 13.5.
85 The Apoſtle doth not enſnare and entangle our conſciences with eueryevery particular edict or precept of the Magiſtrate, but ſpeaketh onelyonly of the AVTHORITIE it ſelfe, which is holy, and may not be contemned, with a ſafe Conſcience.
86 For it is the commandement of GOD, that we ſubmit our ſelues vntounto the Magiſtrate, and this Precept of God toucheth the Conſcience.
87 Therefore wee ought to obey the Magiſtrate, NW.in reſpect of the Generall kinde, for Conſcience ſake: becauſe we are by the generall precept commanded, to yeeld obedience and ſubiection vntounto the Magiſtrate: yet the particular Lawes of the Magiſtrate hauehave no dominion ouer the Conſcience.
88 To conclude, when we obſerue the particular Lawes of the Magiſtrate, wee doe not reſpect the Precepts themſelues, as if by performing of them, our Conſciences were ſatisfied: but we reſpect the End, that is the Will of GOD, which commaundeth obedience vntounto honeſt and iuſt Lawes.
89 Yea we willingly, readily, and with a free Conſcience, obey all Lawes neceſſarie for preſeruation of peace, and Ciuill ſocietie; or ſuch alſo, as concerne Order and decencie: yea and that, albeit wee doe not ſee and perceiue that order.
90 The Summe is. Albeit GOD onelyonly doth properly binde the Conſcience, yet in as much as either the Magiſtrate, who is the Miniſter of God, doth iudge it behouefull for the Common-wealth, that ſome thing, although in it ſelfe lawfull, be not done; or the Church, hauing a ſpeciall regard vntounto Order, Decencie, or Edification, doth lawfully and orderly make ſome Lawes concerning Things indifferent; ſuch Lawes (wee abſolutely hold and affirme) the Godly OVGHT to obey: And they doe altogether binde the externall worke; yea and the Conſcience alſo ſo farre, that no man, wittingly and willingly, with a rebellious or contumacious minde, may without Sinne, either doe ſuch things, II. Queſtion. VVhether Eccleſiasticall & Ciuil Lawes bind alike? That Ciuill and Eccleſiaſticall Lawes hauehave the ſame authority and bond. Proued, 1. From the Efficiēt Cauſe. 2. From the right of authoritie.as are ſo prohibited; or omit ſuch things, as are ſo commanded.
91 It remaineth that we ſpeake of the other Queſtion; to wit, Whether Eccleſiasticall and Ciuill Lawes do bind alike? or, Whether they binde with different obligation?
92 ANSVVERE. The obligation of both theſe Lawes, is altogether like: for the one bindeth as much as the other, which may be prooued by many Reaſons.
93 Firſt, from the Efficient Cauſes: for GOD is the author of both Powers, Eccleſiaſticall and Ciuill, Luc. 22.25.26. 2. Cor. 10.
94 Secondly, from the right of Authoritie. The Ciuill Magiſtrate, by Diuine authoritie, hath right out of the ſecond Table of the Morall Law, to determine thoſe things, which appertaine to the defence of corporall life, and vntounto ciuill Societie.
95 So alſo, the Eccleſiaſticall Power, by Diuine ordinance, hath right, out of the firſt Table of the Decalogue, to determine the particular Circumſtances appertaining to Religion and the Worſhip of God.
96 Thirdly, 3. From the tranſgreſſion of both Lawes.By the violation and breaking of Ciuill lawes, the ſecond Table of the Decalogue is broken; becauſe either ſomething is detracted from the Commonwealth, and politique ſocietie hurt; or elſe ſome occaſion of hurting it, is yeelded.
97 So alſo, by the tranſgreſſion of Eccleſiaſticall Lawes with ſcandall, contempt, contumacie, or careleſſe negligence, the firſt Table of the Decalogue is violated, vntounto which they are ſubordinate and ſeruiceable.
98 Fourthly, Euen as it is ſaid of the Ciuill Magiſtrate, 4. From Diuine authoritie.Let eueryevery ſoule be ſubiect vntounto the higher powers (Rom. 13.1.) Whoſoeuer reſiſteth power, reſiſteth the ordinance of God (Rom. 13.2.) Put them in remembrance, that they be ſubiect to principalities and powers, and that they be obedient, &c. (Tit. 3.1.) See alſo, Epheſ. 6.1. Coloſſ. 3.22.23.
99 So alſo it is ſaid of the Eccleſiaſticall, Obey them that hauehave the ouerſight of you, and ſubmit your ſelues: for they watch for your Soules, as they that must giuegive account, (Hebr. 13.17.) He that heareth you, heareth me; and he that dispiſeth you, diſpiſeth me, (Luk 10.16.) If he will not heare the Church, let him be vntounto thee, as an Ethnique and Publicane, (Matth. 18.17.) Yee know what Commandements we gaue you by the Lord Ieſus. He therfore that dispiſeth theſe things, dispiſeth not man, but GOD, who hath giuen vsus his Holy Spirit. 1. Theſſ. 4.2.8.
100 Wherfore ſeeing the right of both powers be like, the Lawes alſo bind alike.
101 Fifthly, 5 From the Matter.from the Matter about which they are imployed. The Matter of the Ciuill power, is the ſocietie of men, and the conſeruation thereof, to liue in this life vnderunder one and the ſame Magiſtrate.
102 So alſo the Matter of the Eccleſiaſticall power, is the Church, that is, a company of Chriſtian men, as they are called by God, and conſecrated to lead a ſpirituall life in the true obedience of God. Therfore there is the ſame reaſon of both.
103 Lastly, 6. From the End.from the proper End of both. The End of the Magiſtrate, is that he may maintaine and preſerue Humane ſocietie in peace and quietnes, informe it with good Lawes, conſerue the bodies and goods af his Citizens and Subiects, and protect their liues; namely, as they are inhabiters of this world, and liue in earth, Rom. 13.3.4.5.
104 So alſo, the direct and proper End of the Prelats and Paſtors Eccleſiaſticall, is that they may edifie, gouerne, informe, and teach by the Word of God, the Conſciences of the Citizens of the Church; to wit, as they are heires of the kingdome of heauen, and are, at one time or other, to be gathered thither, Epheſ. 1.18. Philip. 3.20. Coloſſ. 3.2.3.
105 Whereupon the Eccleſiaſtical power, is termed; Ius Poli, the Law of Heauen: and the Ciuill, Ius Soli, the Law of Earth.
106 EueryEvery particular man, for defence of Common peace, ought to conferre (as it were his ſhotte) his obedience, tribute, and helpe; he that doth not ſo, defraudeth the reſt; for he enioyeth the labours and duties of other men, and conferreth nothing himſelfe. Euen as he, that, in a common banquet, payeth not his owne ſhot, defraudeth the reſt of the gueſts.
107 So in like manner, they that conferre not their obedience (as it were their ſhotte) vntounto the Eccleſiaſticall Lawes, they hurt the faith, manners and conſciences of other men, they rayſe Scandals, and raſhly and ſchiſmatically diſturbe the peace and quietnes of the Church.
108 Seeing therefore, that LoueLove is hazarded and endangered by the tranſgreſſion of the Lawes of both Powers, and that Scandals ariſe there-from; it followeth, that the Authoritie and Obligation of both theſe Lawes, are altogether like.