Commentary on Romans

Doct. 1. That God is author of order, and so consequently of government.

v. 1. There is no power but of God. God is the author of order, the devil bringeth in confusion: as in heaven and earth God hath set all things in an excellent order, so he would have order kept among men: that some should command and rule, others be ruled & obey: that they should not be as fishes and creeping things, that have no ruler, Habuc. 1.14.

Doct. 2. That it is lawful for the Magistrate to use the sword.

v. 4. He beareth not the sword for naught. The Magistrate then may lawfully use the sword both in time of peace to punish offenders even unto death, if the quality of their offense deserve it: and in time of war to resist the common enemy: yea not only in civil matters, may he punish offenders with the sword, but in Ecclesiastical also, as heresy, blasphemy: for these also are the works of the flesh, Galat. 5.20. and the Prince is to be feared for (all) evil works, v. 3.

Doct. 3. That Magistrates must be obeyed not for fear, but for conscience sake, v. 3.

This maketh against those which think they have satisfied their duty if they do outwardly perform their obedience, but the Apostle requireth more, the inward disposing of the mind and conscience to obedience: that if there were no law to compel a man, yet his own conscience, and the fear of God, should keep and hold him in awe and reverence of the Magistrate: as the Preacher saith, Curse not the King, no not in thy thought, Ec. 10.20.

Doct. 4. That tribute must be paid.

v. 7. Give to all men their duty, tribute to whom tribute, &c. It is then a requisite and mere thing, that tribute should be paid unto the Prince. 1. as a sign of subjection. 2. as a recompense of the great care and pains, which the Magistrate taketh in watching over his people. 3. as a support and supply of the manifold charges, which the Prince is put unto in maintaining his officers and Ministers, in founding and raising Churches, schools, hospitals, in waging battle, and such like: our Blessed Savior refused not to pay poll money to the officers, Matth. 17.

Doct. 5. A Christian is bound to pay his debts.

v. 6. Owe nothing to any man, &c. Though charity require, that no extremity should be used in rigorous exacting of debts, yet everyone that is indebted, ought to have a care of discharging his debts: as Christian religion doth not overthrow the general policies of states and commonwealths, so neither doth it dissolve private contracts, and covenants: the Prophet did by a miracle bring up the axe that was fallen into the water, to restore it again to the owner, of whom it was borrowed, 2. King. 6.5.

Doct. 6. That Christian religion taketh not away the obedience of subjects.

This evidently appeareth out of the whole chapter, wherein the Apostle showeth four special bands of obedience. 1. the authority of God, who instituted magistrates. 2. the fear and awe of conscience, which is more then the fear of any human laws. 3. the duty of charity, which is to yield unto everyone their own. 4. the purity of Evangelical doctrine, which forbiddeth all vice, and commandeth virtue.

Therefore the Romanists do cause the Gospel of Christ to be slandered, so much diminishing and empayring the authority of Magistrates, by exemption of Ecclesiastical and other privileged persons.

But Tolet annot. 12. here telleth us, that notwithstanding some persons are exempted, yet for all this the Ecclesiastical state, doth confirm and corroborate the secular obedience, as by the Magistrates authority, is diminished in some sort the particular power of parents over their children, of Masters over their servants: and yet also their authority is confirmed and strengthened by the care and provision of the superior Magistrate: and so is the secular state confirmed by the Eccesiasticall, though it seem in some respect to be empayred.

Contra. 1. The example is not alike, for the law commandeth obedience of children to their parents, of servants to their Masters, it exempteth them not, as they free Ecclesiastical persons altogether: yet in case the parent or master may command anything against the state: for then they are not to be obeyed: neither is the civil Magistrate to require anything against God. 2. the Ecclesiastical state by preaching confirmeth obedience to the Prince: and the Prince by his authority countenanceth the Ministers: but when as subjects are so freed, that the Prince hath no power over thē, it is a manifest empairing of their authority.

Controv. 1. Whether the Pope and other Ecclesiastical persons, ought to be subject to the Civil power.

This doctrine is agreeable to the rule of truth, the word of God, that all persons as well Ecclesiastical as temporal, ought to be subject and obedient to the Civil power, both touching their causes and persons: which is denied by the Romanists: whose objections to prove the exemption and immunity of both, are these.

1. Object. The superior ought not to be subject to the inferior: but the Ecclesiastical power is superious unto the Civil, as being occupied in a more excellent matter about spiritual things: therefore it ought not to be subject: and Boniface the 8 in the extravagant, which beginneth vnum sanctum, inferreth as much out of this place, v. 1. the powers that be are ordained of God, that there are degrees and order between the powers themselves, some are superior to others.

Contra. 1. We grant, that wherein the Ecclesiastical function is superior, as in the preaching of the word, and administration of the Sacraments, therein it is not subject to the Civil power, to receive direction from them, but from the word of God; but yet in other things, which appertain unto the bodily life, and concern civil subjection, and obedience, they ought to be subject. 2. And yet even in things merely Ecclesiastical the Prince hath a compulsiue power, to see that the Ministers of the Church do their duties, and that they preach no false doctrine, and to remove such as are scandalous, either by doctrine or life. 3. there is no such matter of order or difference between the powers themselves gathered out of this place: their ordaining hath relation to God, by whom they were instituted, not to any such distinction and order among themselves.

2. Object. The Imperial constitutions do exempt Clergy men from the judgment of secular Courts, Novel. 79.83.123.

Contra. 1. Then their immunities such as they are, they enjoy only by human privilege, not by divine right. 2. neither are they by the law exempted from the civil power in criminal causes, but only in certain civil: for the law saith, omnes secundum leges vivant, etiamsi ad diuinam abmum pertineant, let all live according to the laws, though they belong unto the house of God, lib. 10. de mandat. princip. 3. though Princes of their munificence, granted certain immunities and privileges to Clergy men, as to free them frō personal service, as to go to war, to watch, to ward, and such like: and from base and servile works, as to dignity, to plow, to cart: as also from extraordinary taxes and burdens: yet they are not for all this discharged of their civil obedience: these freedoms were given them, that they might better attend upon their Ecclesiastical function, not to the prejudice of the secular power. 4. and although Princes should wholly exempt the Clergy from the Civil power, the question is not, what they have done, but what they may do, for Princes have not power, vt rescindant leges Dei, to cut off the laws of God, which do subject all souls unto the higher powes, Mart. neither can Princes free any from the natural and divine bond, to the which they are obliged: as to exempt the child from the obedience of the father, and the wife from her husband, and so consequently, the subject from the Prince, the servant from the Master. 5. add hereunto that some of these privileges, which are thus urged, are conficta, forged, some malis artibus extenta, extented by cunning, Gwalther.

3. Object. It is not fit, that the sheep should judge the shepherd: Princes are as sheep unto their ecclesiastical Pastors: therefore they ought not to judge them.

Contra. 1. Princes are not to judge them concerning their doctrine, and the word of God, in respect whereof, they are fed, and feed not: but in all other civil things, the Magistrate is as a Pastor and sheepehead himself, and therefore in these things he hath a command over ecclesiastical persons.

4. Object. Ministers are the servants of the most high God, and chief king of the world, therefore it is not fit, that a terrene governor should judge them.

Contra. The Prince also is the servant of God, and is in God's place in earth to judge other servants of God: like as a Prince maketh some of his subjects, to whom he committeth his authority, judges of the rest.

5. Object. Tolet annot. 11. thus reasoneth from the authority which the spiritual power hath over men's persons and bodies, to free and exempt them, as it shall make most for their souls health, toward the obtaining of everlasting life. 1. Like as a king hath power to take men's sons and daughters for his service, and their vineyards and possessions, to give them to his servants, as Samuel describeth the office of a king, 1. Sam. 8. so much more hath the spiritual power authority to do it, toward the advancement of God's kingdom. 2. our Savior, Matth. 17.26. freeth the sons of kings, that is, omnes credentes, all that believe, from paying of tribute, which notwithstanding was paid, propter vitandum scandalum, to avoid scandal. 3. S. Paul had power to retain and keep Onesimus from his master Philemon's service, yet he did remit somewhat of his power, that his Master might not seem to do it of necessity, but willingly, Philem. 1.4.

Contra. 1. Popes are partial judges in their own case, and therefore it skilleth not, what immunities they have given to the Clergy: and no man can confer more power upon another, then he hath himself: seeing then that the Pope himself is not exempted from the power of the Magistrate, he much less can exempt others. 2. Samuel in that place describeth not the office of a King, what it ought to be, but what Princes should do for their will and pleasure: and so the Pope herein taketh upon him to tyrannize in the Church. 3. that place is understood of the natural sons of Kings, who are free from tribute: and so Christ being lineally descended of David, might have challenged that privilege: thus beside our own interpreters, Pererius one of Tolets own order, expoundeth that place, de naturalibus filijs, of the natural sons of Kings, dispute. 2. num. 12. for otherwise a great inconveniency would follow, that all Christians should be exempted and treed from paying of tribute. 4. S. Paul had a special interest in Philemon, to command him, because, as Theophylact well interpreteth, te in Christo genui, I have begotten thee in Christ: this was his special case, this cannot then be drawn to an ordinary present and example: and again, this maketh directly against the Papists, that if S. Paul which had this Apostolic authority, would not keep Onesimus from his master, without his consent, it is great boldness and presumption for the Pope, who begetteth none unto the faith by preaching, as S. Paul did, and so hath no such interest in that behalf, neither is he an Apostle, to arrogate that to himself, which S. Paul would not usurp.

Now, notwithstanding these objections, that Ecclesiastical persons, and causes, (though in things merely Ecclesiastical, and proper to the ministry, as are the preaching of the word, and the administration of the Sacraments, they are to be ruled only by the word, and are not subject to men) yet are in respect of their civil obedience, as they are citizens, and parts of the Commonwealth, and in some sort, as ministers also, subject to the censure and command of the civil Magistrate: some of our arguments are these.

1. The Kings of Judah exercised power over Ecclesiastical persons, both in civil and criminal causes, and partly also Ecclesiastical: as David appointed unto the Levites their courses; Solomon displaced Abiathar from the Priesthood.

Bellarmine answereth, that these Kings were also Prophets, and so God did extraordinarily commit unto them some things, which belonged only unto the Priests: lib. 1. de council. c. 20. Contra. Not only David and Solomon which were Prophets, did exercise this power over Ecclesiastical persons and causes, but the rest also of the succeeding godly kings of Judah: as Jehoshaphat gave commission to the Priests and Judges to abolish idolatry, Joash reproved the negligence of the Priests, Josiah purged the land of idols, and put down the Chemarims, and unlawful order of Priests.

2. The Apostles words are general, Let every soul be subject to the higher power: therefore Ecclesiastical persons also.

Ans. 1. Origen by every soul understandeth, animalis homo, a natural man: spiritual men then are exempted. Contra. 1. In the Hebrew phrase, every soul, is taken for every person: therefore that distinction between the spirit and the soul, proceedeth from the ignorance of the Hebrew phrase. 2. Origen in that place saith, that he which hath no silver or gold, or possessions, hath nothing to be subject for, but the Papal Clergy have all these, and in great abundance: therefore even by Origen's sentence for such things they ought to be subject unto the Civil powers.

2. Ans. Bellarmine telleth us, that the Apostle speaketh generally of obedience to be given as well to spiritual as temporal powers; and that the meaning is, that every subject should yield obedience to his superior: and so the Clergy should give obedience to the Pope, and the Laity to their Prince: lib. 2. de Rom. Pontif. c. 29. resp. ad argum. 3. Contr. 1. The Apostle speaketh here of that power, which hath the sword, but the Ecclesiastical state doth not handle the sword: therefore the Apostle speaketh only of subjection to the Civil power, to whom the sword is committed. 2. and this were to make a division and rent in kingdoms, if all that are therein should not be subjects to the king of the country: as in France all the French should not be in subjection to the French king, but the Clergy of France should be subjects to the Pope: Martyr.

3. Ans. The Papal Clergy are bound by oath unto their Bishops, and they to the Pope, and therefore without breach to their oath, they cannot be subject to temporal governors. Contr. Such oaths are contrary to the Apostles precept, of obedience to be given to the Ciuil magistrate, and therefore pro impijs & illicitis rescindi debent, they must be cut off and disanulled as unlawful and impious: Gwalther.

3. Argum. Our blessed Savior was himself subject not only privately unto his parents, but publicly to the Magistrate, to whom he caused poll money to be paid for himself and Peter, refusing to use that privilege, which he might have challenged to himself, as being descended lineally of king David: wherein he was an example unto us of obedience to be yielded unto Civil governors: So also S. Paul following his masters steps was obedient to the magistrate, and appealed unto Caesar, Act. 16.

4. Argum. This was the doctrine of the Church in the pure ages: as Chrysostom upon this place saith, Every soul should be subject, si Apostolus, si Evangelista, si Propheta, sive quisquis tandem fueris, if thou art an Apostle, or Evangelist, or whatsoever else. Bernard. epist. 42. thus inferreth upon this place; si omnis anima, & vestra, quis vos excipit ab vniversitate, si quis tentat excipere, conatur deripere, if every soul, then yours, who can except you from this universality, he that attempteth to except you, goeth about to deceive you. Gregor. lib. 4. epist. 31. acknowledgeth Maurice the Emperor his Lord, &c.

5. To conclude, reason it self persuadeth thus much: that all the citizens, as parts and members of the Commonwealth, should be subject to the head and governor thereof: Ecclesiastical persons then, if they be citizens, and members of the Commonwealth, must be in subjection to the Civil head, not only decretiva, sed coactiva obligatione, not only to receive direction, but by a coactiue bond, and obligation: for otherwise they are not parts and members of the Civil body. See further hereof, Synops. Cent. 1. err. 98.100.

2. Controv. Whether the Pope have a spiritual power above Kings and Princes.

The Pope is not contented to exempt himself, and his Clergy from the command of the Civil Magistrate, but he arrogateth unto himself a superior power to be above Emperors, and Kings, Innocentius 3. decret. 1. titul. 33. de maiorit. C. solitae, thus decreeth; Imperium non praeest Sacerdotio, sed subest, the Empire is not superior to the Priesthood, but under it: and Boniface 8. extrav. de maiorit. C. vnam sanctam, decreeth thus; that omnes Christi fideles de necessitate salutis, &c. all the faithful of Christ upon necessity of salvation, are subject to the Roman Bishop, qui vtrum{que} gladium habet, &c. who hath both swords, and judgeth all, and himself is judged of none: And in the same place, he compareth the Ecclesiastical and Ciuil power, to the two great lights which God made, and there is as great difference between them, as between the Sun and Moon.

Bellarmine, though in words he deny the Pope to have vllam temporalem iurisdictionem direct, any temporal jurisdiction directly, yet he hath power indirecte, indirectly to dispose of temporal things, yea of Princes, kingdoms, and dominions, in ordine ad bonum spiritual, as it serveth for the promoting of the spiritual good: and so in effect the Pope shall have absolute power of temporal things, to dispose at his will and pleasure, as he seeth to make for the maintenance of his jurisdiction, which they understand to be this spiritual good. Some and the chief of their arguments, for this unreasonable opinion, are these.

1. The Pope hath both the swords, the spiritual, and the material sword: as the Apostles said, Luk. 22. behold two swords, and Christ answered, it is enough: he is therefore above the Civil power, which hath but one sword.

Ans. 1. Bellarm. lib. 5. de Rom. Pont. c. 7. disclaimeth this argument, and showeth that there is no such meaning in that place, by the two swords to understand a double power of the Pope: but they were two material swords in deed, which were shown unto Christ. 2. and this being but a devised allegory not expressed in Scripture, is of no force to prove any doctrine.

2. Boniface further urgeth in the said place; that the Church is superior to the Civil state, because they receive tithes of them.

Ans. 1. We grant that the Church, which giveth spiritual things, and receiveth temporal, is superior and more worthy in respect of the spiritual things, which it giveth, but it is not therefore superior in temporal dominion. 2. neither were they in the law always superior, which received tithes: for beside the tithes, which were given to the Levites, the rich also reserved a tithe for the poor, and strangers, Deut. 14.28. 3. and though this be admitted, that the payment of the ceremonial tithe was a sign of subjection, as the Apostle reasoneth for the preeminence of Melchizedek, Heb. 7.5. because that tithe was given unto the Levites in the Lord's right, who were then a type and figure of Christ: yet now, all ceremonies being ceased, tithes are given unto the Church, not in the name of the Levitical tenths, but as the salarie and stipend of the ministers, for their maintenance: so that now they are no sign of such superiority: for the hire is given to the laborer, as well by those that are superiors, as inferiors.

3. Argum. The Bishops do anoint kings at their inauguration, and do bless them: but the less is blessed of the greater, Heb. 7. therefore the Ecclesiastical state is greater.

Ans. 1. By this means, not the Pope only, but every Bishop, which doth anoint the Prince at his coronation, should be greater then the Prince. 2. he that blesseth by a Prophetical benediction, as did the Prophets and Priests, which was by the special appointment of God, was greater: but everyone that ordinarily blesseth is not greater: for the subjects use to bless their Prince, in their usual acclamations: and this is but benedictio ritualis, a kind of ritual, no real blessing, which is used in such inauguration, as an external complement, and matter of solemnity, as so is the annointing, which argueth no more a superiority, then the receiving of the sword from the high Marshall, and of the great seal from the Chancelor, as the use was in Princes coronations.

4. Argum. The Lord said to Jeremiah, chap. 1.10. I have set thee over nations and kingdoms, to pull up and destroy: which Jeremiah was not of the princely race, but of the stock of the Priests: therefore the Ecclesiastical power is above kings.

Ans. 1. The particular and extraordinary example of one Prophet, can be no rule to the Pope. 2. and his power was spiritual, not in the actual deposing of kings, but in prophesying of their ruin.

5. Argum. The Apostle saith, 1. Cor. 2. that the spiritual man judgeth all things, but he is judged of none: this spiritual man is the Pope, &c.

Ans. 1. The Apostle speaketh not there of a spiritual man by calling or profession, but of one illuminate by the spirit, and he is set against the carnal and natural man: such a spiritual man being guided by the spirit, is able to judge and discern all things, and he himself cannot be judged of those which are carnal. 2. such a spiritual man the Pope is not, but the man of sin, who savoreth not the things of the spirit of God, but of the flesh.

6. Argum. The power of binding and loosing is the greatest power in earth: but this power was given unto Peter and his successors: therefore the Pope hath the greatest power in earth.

Ans. 1. The power of binding and loosing by the word of God, is the greatest power in spiritual things, but not in temporal. 2. the Pope hath not this power, he bindeth not by the word, but by his bulls, book, bell, and candle. 3. if he had this power, he should not have it alone, for it was not given only to Peter, but to all the Apostles, and their successors the Pastors of the Church: to whom it is said, Matth. 18. Whatsoever ye loose in earth, &c.

7. Argum. Bellarmine thus reasoneth. 1. the superior power may command the inferior, therefore the Ecclesiastical being superior, may command the Politike state. 2. and temporal things may be by the spiritual power disposed, in ordine ad spiritual bonum, as they are in the way to further the spiritual good. 3. If the Pope had not this power over the Temporal state, the Church should not be perfect, neque sufficeret sibi ad suum finem, neither should have sufficient means, to attain the ende, which is eternal happiness. 4. And if the Pope had not power to depose kings, the Church should be compelled to suffer an heretical, or infidel king, which is not to be admitted.

Ans. 1. Every superior power, cannot command the inferior, unless it be a power cum imperio, joined with authority: it is not true, of such a power, which consisteth only in a ministerial employment, as in teaching, exhorting, comforting, and such like: so the Ecclesiastical, in respect of the matter, wherein it is occupied, which is spiritual; but in respect of external power and authority, it is not superior.

2. True it is, that temporal things ought to be referred unto the spiritual ende: but the spiritual Pastors, have no power to dispose of temporal things to that ende, but to direct the temporal power, to instruct and exhort, and teach, how they should use their temporal things, for the setting forth of God's glory, the maintenance of the truth, and the ministry thereof: and if they fail in this duty, they must leave the rest unto God: again, the spiritual good, which the Pope intendeth, is his own greatness, and the advancement of his Papal Sea, which is a mere worldly and temporal thing: and further this power of directing temporal things to a spiritual ende, every faithful Pastor hath, and the Pope hath it not, because he preacheth not.

3. The Church is perfect enough without any such power: for till a 1000. years after Christ, when Popes began to usurp upon the temporal power, the Church was sufficient, without any such usurpation, to attain the ende proposed unto the faithful: and had better direction unto salvation, then under the Papal tyranny.

4. The Church is patiently to suffer the government, yea of an heretic, or infidel: as Jeremiah moveth the people, to pray for the prosperity of Nabucadnezzer, c. 29. Paul would have prayers and supplications made, even for the heathen kings, yea for Nero then living and reigning: yea and the Church of God more flourished in virtue and godliness, then afterward under Christian governors: as Jerome witnesseth in the life of Malchus, after the Church began to have Christian Magistrates, facta est opibus major, virtutibus minor, it became greater in wealth, but less in virtue. And if it were necessary to have an evil Prince deposed, it followeth not that this power should be devolved to the Pope: it belongeth to the states and Peers of the land, where the laws do authorise them, to see unto such matters.

8. Argum. They urge examples, and bring forth presidents for this supreme authority of the Papal Sea. 1. The high Priest cast out Uzziah out of the temple when he would have usurped the Priests office; and Iehoida the high Priest caused Athaliah to be slain.

2. Ambrose excommunicated Theodosius the Emperor.

3. Gregory the 2. excommunicated Leo the Emperor, and deprived him of his tribute and revenues; Zacharias deposed Childerik king of France, and set up Pipinus in his place: Gregory 7. deposed Henry 4. Emperor: Innocentius 3. deposed Otho 4. Innocentius 4. Frederick the 4. Clemens the 6. Lodovike the 4.

4. Leo the 3. translated the Empire from the Greeks to the Germans; and Gregory the 5. made that order, that the Emperor should be chosen by 7. Electors, which remaineth unto this day.

Ans. First in general, examples do not prove; specially such as are either unlike, or forged, or such examples, as are unjust and unlawful; of one of these sorts are all the examples produced.

1. The Priests did not cause Uzziah to go out of the Sanctuary, until the leprosy appeared in him; and for that they had a direct commandment, not to suffer a leprous person to enter into the Sanctuary: if the Pope could show such a warrant for the deposing of kings, he should say somewhat to the purpose: neither was Uzziah for all this deposed from his kingdom, but lived apart by himself, and the kingdom was administered by Jotham his son, 2. Chron. 26.21. The example also of Iehoida is much unlike: for he not as the high Priest, but as the Tutor and protector of the young king, and with the advise and consent of the fathers of Israel, caused seditious Athaliah to be slain: 2. Chron. 23.3.

2. Ambrose deposed not Theodosius, but suspended him from the Communion, till he had given satisfaction to the Church: neither was he Bishop of Rome, but of Millaine: if this example proved anything, not the Pope only, but every other Bishop might depose kings.

3. Touching all those examples alleged, they are unlawful, and unjust, and the Pope began to discover himself to be Antichrist, in so abasing the Imperial power, and taking upon him to dispose of kingdoms; as the Devil challenged to be Lord of the world, and to give the kingdoms thereof to whom he would: no better right hath the Pope the eldest son of Satan to pull down, and set up kings. And though in those blind and superstitious days, when iniquity was strong, the Pope prevailed in his presumptuous enterprises, yet he had not always the like success: Boniface 8. attempted to have deposed Philippus the fair, king of France: Benedict the 13. would have done the like to Charles the 6. Julius the 2. against Louis the 12. but their presumptuous enterprises were frustrate. What Pius the 5. attempted against Queen Elizabeth, and of late Paulus the 5. against the Venetian state, and with what frivolous success, is evident to the world: all these examples are unjust, because the Pope was Judge in his own cause, and resisted the lawful powers, which are ordained of God.

4. Neither is it true, that Leo the 3. translated the Empire from the Greeks to the Germans: for he could not confer that upon another, which he never had himself: the truth is, that Charles by force invaded the Empire of the East: Aventinus showeth the occasion: by reason that a woman then had the government of the Empire at Constantinople, the Romans took an occasion to nominate a new Emperor: and whereas Charles at that time, tenebat omnes provincias, quae ad vrbem Romam pertinebant, did hold all the Provinces which belonged to the city of Rome, Papa, Senatus, & populus Romanus illum designabant Imperatorem, the Pope, Senate, and people of Rome, did appoint him to be Emperor, &c. So then it was not the Popes act alone, but of the whole Senate and people of Rome: neither was it there act simply, Carolus had made a way before, having all the Roman Provinces in his possession.

As touching the supposed sanction and order for the electing of the Emperor: neither was it the Popes sole act, but the Emperor Otho then brother german to the Pope, established it: neither is that custom and order continued by the Popes authority, but by virtue of the golden bull of Charles the 4. made ann. 1356. for neither Ferdinand, Maximilian, nor Rodolphus, now Emperor, received their Imperial crown from the Pope: And some think that this constitution of Electors was not begun by Gregory the 5. but before was brought in by Charles the great, who appointed 4. Electors. ex Pareo.

3. Controv. That the tyranny and idolatry of the Pope may be gainsaid, and resisted.

In the deciding of this Controversy, three kind of persons must be considered, the private, the public which are Ecclesiastical, as Pastors and Ministers, and the public Civil, the Magistrate.

1. Concerning private persons. 1. they may and must resist the idolatrous proceedings of the Pope, by denying their obedience: as when he commandeth and enjoineth anything in the service of God contrary to his word, or forceth men to subscribe and consent to his abominations: in this case the rule and practice 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 tyrannical persecutions, if they be not otherwise tied by the necessity of their calling: for so our blessed Savior gave his Apostles liberty, if they were persecuted in one city to flee unto another. 3. but yet it is not lawful for private men to use resistance by the sword and force of arms, where Popery is maintained by the Civil authority: for this were to usurp upon the office of the Magistrate: but where Popery is not countenanced by the civil power, private men may use resistance.

2. Concerning the duty of Pastors and Ministers: it is their part to resist the Popes tyranny, not by arms and the sword, which is not committed unto them, but by the preaching of the Gospel, in setting forth the truth, convincing the gainsayers of error, and in exhorting the people to beware of the false doctrine of Antichrist. 1. Pastors are the shepherds of the flock, they must take heed unto it, to keep away the wolves, Act. 20.28. but the Pope is a wolf, and seeketh to devour Christ's sheep. 2. the preaching of the word is that means, which God hath appointed, to confound Antichrist with, even with the spirit of his mouth, 2. Thess. 2.8. and the two witnesses, which shall prophesy against Antichrist, are the faithful preachers, which should restoare the light of the Gospel.

3. Touching the authority of Princes: It is their part and office, to resist the Popes tyranny by the sword, in rooting out idolatry, weeding out his Seminaries and seeds-men, and in restoaring true religion, and the Church of God to her former integrity and liberty. 1. for so their calling is to be a terror unto evil works, and a praise unto good: but the works of Antichrist, are wicked and abhominable. 2. Princes are commanded to render unto the whore, as she had done to them, and to recompense her double, Revel. 18.6. this is their warrant, the commandment of God. 3. and it is prophesied and foretold, that the Princes shall hate the whore, and make her naked, devour her flesh, and consume her with fire, Rev. 17.16. This prophecy shall not fall to the ground; and Princes for their part must endeavor to make it good.

4. Controv. Whether the civil Magistrate hath any power or authority in matters of Religion.

Because there is a great question moved between the Romanists and us, concerning the power of the Civil Magistrate in causes Ecclesiastical, and in religious affairs, first of all it is necessary, that the state of the question be considered: which shall be divided into certain propositions of two sorts, first general touching the foundation and institution of Kings and other superior Magistrates, and then more particular, of the execution of their office.

1. There is in the Commonwealth, a superior authority, called architectonica, as the framer and chief builder of the Commonwealth, to the which it belongeth to institute and ordain laws, and to see that justice be exercised according to those laws: this being the supreme and highest authority, cannot be in subjects, and so not in the Ecclesiastical persons, but in the king only.

2. To this power, it belongeth to provide for the good in general, that belongeth to the subjects, whether it be civil or spiritual: for the good of the subjects is the intendment of the lawmaker.

3. Yet least this power should err in making of laws, it receiveth direction for the civil laws, from the rule of equity and prudence, confirmed by experience; for Ecclesiastical laws, from the word of God.

4. Under this supreme authority, there is the Civil, and Ecclesiastical power: but not alike: the Civil is simply inferior unto it, altogether depending of it, but the Ecclesiastical, though it be subject unto it, in respect of the external policy, yet in respect of the object, which is spiritual, the word of God, and of that direction, which it giveth out of the same to the magistrate, it is not simply inferior as the other.

4. This supreme architectonicall power, though properly it be civil in respect of the object, acts, condition, and state thereof, yet in some sort it is also an Ecclesiastical power, as it hath oversight also of the Church.

5. This princely power, though it have the oversight and chief care of Church and Commonwealth, as the chief steward, and disposer: yet it cannot execute all the offices and functions belonging to either: as some it cannot excuse, ob defectum facultatis, for want of faculty and skill, as to minister Physic, to teach in schools: some, for the defect of dignity in the things themselves, which being base are not incident into the majesty of the King, as to dignity, to plow, and such like: some, propter defectum iuris, for the defect of lawful right and calling, as the Prince is not to preach the word, to confer orders, to minister the Sacraments, because he is not thereunto called nor appointed.

6. This supreme and Princely power, though it be incident both to the Christians and Pagan magistrates, yet it is so much the more perfect in a Christian government, in as much as both of himself, by the light of nature, and in himself by direction from others in civil things, and by illumination of God's spirit within, and iustruction without in spiritual matters, he hath better understanding.

Now concerning the execution of this supreme and princely power, these propositions are to be maintained, which are without any controversy.

1. Princes ought not only to take care about the affairs of the Common-wealth, and to be altogether careless of religion, but even unto Ecclesiastical affairs, and matters of religion, they ought to extend their Princely care and watchfulness. 1. the Prince is the minister of God for our good: but the good of the subject, is not only civil and temporal, but spiritual concerning religion. 2. even the heathen did ascribe unto their kings a principal care even 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 Lacedaemonian kings, had the command of war, & rei divinae cultum exercuisse, and did exercise divine worship, unless they were such sacrifices, as were necessarily to be done by a Priest: that therefore, which by a common consent of nations was given unto kings, ought not to be denied to Christian Princes. 3. the care of religion otherwise concerneth the Prince, rather then private persons: these only are to wish well unto it, and to accept of it, but the Prince ought to be an agent: without whose power nothing can be effected publicly for the maintenance of religion.

2. It belongeth to the Imperial power to maintain true religion, and to see that no confused mixture of religions be admitted: for this is given as a reason in the time of the Judges, why some followed idolatry and strange worship, because there was no king in Israel, but everyone did that which was good in his own eyes, Judge. 17.4. if there had been then a king, they should not have been suffered everyone to follow their own fancies.

3. Christian Princes are by their laws and edicts to restrain all blasphemy, idolatry, heresy, sacrilege, and such like: because Princes are to be feared for evil works: their office is to restrain evil works whatsoever, such as these are: and they are appointed to procure the good of their subjects, and consequently to take out of the way all impediments, which may hinder their good, such as these are: the Romanists grant thus much, that the Princes by their laws should provide against heresy, but they will exclude the Prince from all judgment of heresy, which must be in their opinion determined only by the Church: but of this matter more shall be said afterward.

4. The Civil Magistrate is not to assume unto himself, or take upon him the execution of any Ecclesiastical function, as to preach, to bind, or loose, to minister the Sacraments: because they are not thereunto called, and without a calling none are to intrude themselves into those ministerial functions, Hebr. 5. the examples of Jeroboam, who would have sacrificed, and his hand withered, 1. king. 13. and of Uzziah, who attempted to have offered incense, and was therefore stricken with the leprosy, 2. Chron. 26. do teach kings to keep themselves within the limits and bounds of their callings.

5. Neither hath the Prince authority 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 sin of Jeroboam, that set up two golden calves of his own invention: and if it be not lawful for the Ecclesiastical governors, whose special charge is about religion, to bring in their own inventions, as Aaron sinned in setting up a golden calf, much less may the Civil powers presume that way. Three things are signified under the name of religion, and religious matters. 1. the doctrine of the Church. 2. the discipline and government in general, 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 special 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 have the ministers and Pastors of God in reverence, because they are the Ambassadors of Christ, 2. Cor. 5.20. and to see them sufficiently maintained: because the laborer is worthy of his hire, and it concerneth the spiritual good of these subjects, that sufficient Pastors should be provided for them, to minister unto them spiritual food: and besides, they must submit themselves to the doctrine, precepts, and exhortations delivered by the Pastors out of God's word: as David gave ear unto Nathan, and suffered his reprehension: and our blessed Savior saith, he that heareth you, heareth me, &c. All these propositions are not at all controverted between our adversaries the Papists, and us: thus then standeth the state of the question:

7. The office of the Prince is, as in Civil matters to provide all things concerning the civil good of the subject, to see that right and equity be maintained; so also to take care touching their spiritual good, that true religion be continued and taught in the Church, according to the word of God: unto the which care and charge belong these particulars.

1. The Prince in himself, and for his particular, is to take knowledge and to understand true religion, to be able to discern it from error, and false worship, and to this ende to be exercised himself in the law and word of God, Deut. 17.19.

2. Then it is his part, to cause to be set down a perfect form of religion and Ecclesiastical government, squared out according to the line of truth, and rule of God's word, and by godly laws to establish the same: as Josiah did, 2. king. 23.3.

3. He must also see, that sufficient and able Pastors be provided for the Church, which may instruct the people in the ways of God, as Jehoshaphat did, 2. Chron. 19.8.

4. Further, the Princes care must be, to see that these Pastors do their duty in preaching true and sound doctrine, and in administering discipline uprightly: as David appointed the Levites their offices, 1. Chron. 16.

5. And the Prince is also to remove ignorant, erroneous, and delinquent Pastors, and to see vice duly punished; as Solomon removed Abiathar from the priesthood: to appoint Councils and Synods to that ende, for the redress of enormous faults. The state of the question being thus propounded, we will first see how it is impugned by our adversaries, and examine some of their arguments.

1. Stapleton thus proveth that the Prince hath no power in Ecclesiastical matters, because the sheep have no jurisdiction over the Pastor: but the Magistrate is of the number of the sheep: Ergo.

Ans. 1. There is a double Ecclesiastical powers: one is properly and simply so called, which consisteth merely in Ecclesiastical matters, as in preaching the word, administering the discipline of the Church: this power belongeth only to Ecclesiastikes: there is an Ecclesiastical power improperly so called, which is civilly exercised about Ecclesiastical persons and causes: and this is in the Civil magistrate: so Constantine said, vos estis Episcopy 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. Constantine. 2. As Princes are sheep, to be ordered and directed by the word of God, so they have an Ecclesiastical power: but they are Pastors also in regard of their government, and the Ministers, as subjects, and so sheep also under the magistrate: and thus Princes have an Ecclesiastical power.

2. Argum. That which neither the Emperors would ever assume unto themselves, nor the Church give unto them, no way belongeth unto them: but to be Judges of Ecclesiastical matters, neither they challenged, nor the other yielded: Ergo: for proof of the precedent part, is alieadged how Theodosius the Emperor said, illicitum esse Imperatorem se interserere ecclesiasticis tractatibus, that it is not lawful for the Emperor to enterpose himself in Ecclesiastical affairs: Cyril. tom. 4. epist. 17. Hilarius writ to Constantine the Emperor, vt indices non vsurpent cognoscere causas Clericorum, &c. that the Judges usurp not upon thē to take cognizance of the causes of Clergy men, &c. Ambrosius refused to dispute with Auxentius the heretic before Valentinian the Emperor, of the orthodoxal faith, &c.

Ans. 1. It is untrue, that the Emperors assumed no such Ecclesiastical power to themselves: for Constantine both called together the Bishops to that great assembly of the Nicene Council, prescribed them a rule of their conference to decide all controversies by the Scriptures: and he himself sat among them, and judged the causes with the rest, and did by his laws establish and command to be obeyed the things there agreed upon, as Eusebius witnesseth, lib. 3. c. 12. Theodosius must be understood to speak, of matters merely and absolutely Ecclesiastical, as of the doctrine of faith, and therein the Civil power is not to give rules of faith: so also must Hilary be understood: if he mean otherwise Chrysostom's judgment is to be preferred, who subjecteth even Apostles, Prophets, Bishops, to the Ciuil power: that of Ambrose was a matter of fact, and concludeth not.

3. Argum. If Princes should make Ecclesiastical laws, the unity of faith could not be kept, because in every several kingdom, there would be a several religion.

Ans. 1. The argument followeth not, for religion is not to depend upon the opinion or will of the Prince, but it must be squared out by the word of God, which Princes following, cannot differ in the substance of religion, though they may vary in some circumstances and external rites: but if Princes will not be ruled by God's word, but follow other directions, then they may frame unto themselves diverse religions: so then it is not the fault of the power, but the abuse thereof, and the personal fault of Princes, if by this means a variety of religion be brought in. 2. neither, if this power be denied unto kings, and the whole authority of Ecclesiastical laws were only 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 being in Aaron's hand, yet a different worship, in setting up a golden calf, from that which Moses prescribed, was brought in. And whence hath sprung the great innovation of religion in Popery, from the purity of the ancient faith, but from this, that the Bishops of Rome, excluding the authority of the Emperor first in the East, and afterward in the West, have arrogated to themselves the sole authority in matters Ecclesiastical?

4. Argum. Princes cannot do the less, as preach the word, minister the Sacraments, therefore not the greater to make Ecclesiastical laws.

Ans. 1. It followeth not, for though duties merely Ecclesiastical cannot be executed by the Prince, because he is not thereunto called, yet external jurisdiction he may exercise in the Church: neither are these duties as the less and greater one to the other in the same kind: they are in diverse respects both less and greater: the preaching of the word is greater in respect of the spiritual power, and the Civil, in regard of the external jurisdiction. 2. neither is it always true, he that cannot do the less, cannot do the greater, where he is barred from the less, by some defect either of right in being called thereunto, or otherwise the thing not beseeming: as in the civil functions, it is not fit for the Prince to dignity and dolve, and yet he can do the greater, to make and ordain laws: so in the Church affairs, he is not to preach, because he wanteth a calling thereunto.

5. Argum. They which cannot judge infallibly of the sense of God's word, can have no Ecclesiastical power: Princes cannot judge: Ergo.

Ans. 1. The proposition is not true: for neither can any Bishop judge infallibly of the sense of Scripture, nor any else, since the time of the Apostles. 2. but as the Pastors by prayer, conference, meditating upon the Scriptures attain to a competent measure of understanding of the Scriptures, sufficient to direct them: so by the same means, and by help of the learned, the Prince also may be prepared to apply his iudiciarie power to the present necessity of the Church. 3. And I pray you what infallibility of judgment hath been in the Popes, when as John the 23. was condemned in the Council of Constance for his monstrous opinions: as that he should hold vitam aeternam non esse, that there is no eternal life after this, & animam hominis cum corpore mori, that the soul of man dieth with the body, and that the body being dead, shall not rise again: And seeing it hath been often seen among them, that the Pope hath made boys and children Bishops, as Bernard complained in his time, scholares pueri & impuberes adolescentes promoventur ad ecclesiasticas dignitates, scholar boys, and beardless youthes are promoted to the dignities of the Church: epist. 41. what infallibility of judgment then can they boast of in their Clergy?

6. Argum. Not the Princes and Civil magistrates shall give account for the souls of the subjects, but the Pastors only, Hebr. 13.17. therefore they have no Ecclesiastical power.

Ans. The argument followeth not, Pastors must give account for men's souls if they be lost by their default, therefore Magistrates shall not: for both shall give 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 laws for the maintenance of idolatry, as it is often objected concerning Jeroboam that he made Israel to sin: And these and such like are the Adversaries arguments against the Ecclesiastical power of the Magistrate.

Now on the contrary some arguments shall be propounded for the proof and confirmation of the question.

1. Argum. The Magistrate is the minister of God for the good of the subject, Rom. 13.5. but this good is not only civil, but spiritual, therefore even in spiritual things he must minister for their good: the Papists will have the Prince to be their minister and servant indeed, that he should put in execution the decrees of the Church, but decree nothing himself: but this were to give no power at all unto magistrates, but as servants which are commanded to do their masters will: the Prince hath a ministering power in spiritual things, not a ministering service.

2. Argum. Every soul must be subject to the higher power, therefore even the Ecclesiastical state, and every person therein of what condition soever he be: the Papists answer, that they must be subject, as they are citizens, and as they enjoy possessions, but not as they are Ecclesiastical persons: But the Apostles rule is general, every soul must be subject, in what things soever, so that the power, which is of God, be not abused against God: true it is that in things merely spiritual, touching faith and doctrine, they must not depend upon the Civil power, but as he enjoineth precepts, according to the word: yet in respect of the external policy of the Church, in giving order and direction, in censuring and punishing offenders, and such like, even spiritual persons are subject to the Civil power.

3. That the Prince hath power even in Ecclesiastical matters, shall be proved by these particulars. 1. that the cognizance and knowledge of religion is required in the Prince. 2. that it belongeth unto him by law to maintain the truth, and to inhibit all false religion. 3. that he is to take order for the Ministers and Pastors, that they do apply themselves faithfully to their calling, and to censure them which are disorderly and exorbitant. 4. that it is the Princes office, to appoint Synods, Councils, national, general, Provincial, concerning Ecclesiastical business.

1. The first is evident, Deut. 17.19. where the king is commanded to read in the book of the law all the days of his life: so also Joshua. 1.18.

2. Moses prescribed unto Israel a form of worship, Joshua caused the people to be circumcised, Josh. 5. David disposed the ministerial offices of the Tabernacle, and appointed the Levites and Priests their orders and courses, 1. Chron. 23. Hezekiah pulled down the brazen serpent: Josiah took away idols: so did other Christian Emperors make Ecclesiastical laws: as the first law Cunctus populus in the Code, is concerning the belief of the Trinity: Martianus made a law against the Nestorians, and Eutychians: Justinian inserteth diverse Ecclesiastical laws; as that the Litany should not be said by lay-men, none of the Clergy being present: Novell. 123. c. 31. and that Bishops and Presbyters should rehearse the prayers in an audible voice to the understanding of the people: Novell. 137. c. 6. and diverse such like.

3. Solomon deposed Abiathar: Jehoshaphat appointed the Levites to teach in the cities, 2. Chron. 19. Constantine the great, heard the controversy between Donatus and Cecilianus, and judged 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. Justinian 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 Constantine saith to Liberius, Nos, quod Christianus esses, te dignum iudicanimus Episcopatu vrbis nostrae: We because thou art a Christian, have judged thee worthy to be Bishop of our city: Theodor. lib. 2. c. 16.

4. David called together the Priests to bring home the Ark, 1. Chr. 13.7. so did Hezekiah call an assembly of the Priests, 2. Chr. 29. and Josiah, 2. king. 23. the first Nicene Council was summoned by Constantine the great: the 1. Constantinopol. by Theodosius the elder: the 1. Ephesine by Theodosius the younger: the Chalcedon Council by Martianus.

Justinian decreeth, Archiepiscopum singulis annis synodos celebrare, &c. that the Archbishop should every year 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 do assemble Synods. If then Princes have made laws for the maintenance of true religion, and against heresies, and have taken upon them to give order and direction for Ecclesiastical offices, have deposed such as were unmeet and unworthy, and called Councils and Synods concerning Ecclesiastical matters, then can there not be denied unto them a kind of Ecclesiastical power.

But Stapleton thus objecteth against those forenamed Presidents, of the Emperors and kings authority in Ecclesiastical matters.

1. Object. These instances do only show, that de facto, in fact and in deed Princes meddled with Ecclesiastical affairs, not that de iure, of right, they ought to have so done.

Ans. If only such presidents were brought out of Ecclesiastical stories, and not out of the Scriptures, he should seem to say somewhat: but seeing the Scriptures set forth examples of godly kings (who are commended in God's book) dealing in Ecclesiastical affairs, there is no question to be made of their right in so doing.

2. Object. These Princes by such acts did only provide for the peace of the Church ex zelo, of their zeal and piety, not imperio, by their imperial power and authority.

Ans. That cannot be said to be done of a pious zeal, which any usurpeth upon them without an authority and calling: if these Princes did these things of zeal, then also by a lawful calling and power, for otherwise it had not been pleasing unto God, they intruding and usurping upon an others place and office.

3. Object. They did not make new Ecclesiastical laws, but only 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 have authority to bring in, but such as are prescribed by the word. 2. but yet new laws concerning faith, requiring obedience under certain penalties, have been made by Emperors, not provided for afore by Canons: and concerning orders to be observed in Synods, and in the government Ecclesiastical, diverse things have been enacted by the Imperial power, never mentioned before in the ecclesiastical Canons. 3. and what if the Imperial constitutions enjoin the same things concerning faith and doctrine, decreed before by the Canons, this proveth not that they executed only, what the other prescribed: but both the powers the Ecclesiastical by Canons, the Imperial by laws enforced the same rules of faith, which the word of God prescribed. More who please to see of this controversy, I send him to learned Pareus treatise, dub. 5. and to Synops. Papism. Cent. 1. err. 98. and err. 100.

5. Controv. Whether Ecclesiastical persons, as Bishops and others, may have the temporal sword committed unto them.

The Romanists are herein very confident, who maintain, that the Pope is both a temporal and a spiritual Prince, and so are some other of their chief Prelates in Germany, which they think not only to be lawful, but very expedient, and in these times necessary for the more peaceable government of the Church.

By this means, they say, that Cities and Provinces are the better governed, when the chief authority is committed to Ecclesiastical persons: and in these days it is necessary, that men, which will not be won by the sword, should be compelled by the sword.

Contra. But the contrary is evident, that no place is worse governed, but where the Prelate is also a temporal Prince: and the reason is, because they commit all unto officers, not being able, nor fit themselves to manage the affairs of the state, and by this means much corruption groweth. And as it is necessary that the obstinate, that cannot be persuaded by the word, should be bridled by authority, so God hath appointed to that ende Magistrates, to whom the sword is committed, and not to Ministers: and this is also seen by daily experience, that nowhere more disorders are committed, then where Bishops have the guiding of the Civil state: which showeth, that God giveth no blessing unto such preposterous proceedings against his ordinance.

And that Ecclesiastical persons ought not to meddle with the sword, (though from exercising of other parts of Civil justice, which are compatible, with their calling, all and altogether are not to be excluded) appeareth by our blessed Saviors lesson unto his Apostles, vos autem non sic, &c. it shall not be so with you, as with the Princes and Lord's among the Gentiles, Matth. 20.25. and the Apostle in this place, v. 5. saith, that he beareth not the sword in vain: that is, the temporal power.

Here it will be answered, that Christ's example, and the Apostles are not to be imitated in all things: for then neither should there be any magistrate among Christians, because he took not that office upon him, neither should it be lawful to have silver and gold, because Peter saith, Act. 3. Gold and silver have I none.

Ans. 1. Our Savior Christ forbiddeth not all, to take Lordly authority upon them, but only his Apostles: he forbiddeth not all to be Civil magistrates, but such as had the preaching of the word committed unto them. 2. neither do we urge the Apostles examples only, but their precepts: that of Saint Peters not having gold or silver, was a matter of fact, not a precept: but that is a precept, which Saint Peter giveth unto Pastors, not to be Lord's over God's heritage, 1. Pet. 5. 3. thus was it in Origen's time, who writeth thus, homil. 13. upon 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 have punished, he would have so punished, not by the rulers and chief governors of the Church, but by the Judges of the world, &c.

Now though the use of the sword, which properly is seen in the power of life and death, be denied unto Ministers, yet the tractation of all Civil causes is not forbidden, as in the compounding of controversies, ending of strifes among neighbors, and if unto some discreet men be committed a commanding power to restrain the evil, there is no inconvenience: for so the Apostle would have the Corinthians to ende among themselves the controversies, that did rise, and not one to hail another before the Magistrate, 1. Cor. 6. but for such matters, they should be as Magistrates to themselves, where, no question, the Minister and Pastor is not excluded among others, but that he may and ought to have a chief 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 unto us, non audemus dicere, &c. we dare not say, man who appointed me a judge among you? constituit enim talibus causis Ecclesiasticos Apostolus cogniturus, in foro prohibens litigare Christianos: for the Apostle hath appointed ecclesiastical persons to take cognizance of such causes, forbidding Christians to strive in courts, &c. so it seemeth in those days, that godly Bishops and Pastors, were employed 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 love of the truth desireth an holy kind of ease and leisure, and the necessity of charity undertaketh just business: which burden if none impose, we must attend the searching of the truth, but if it be imposed, it must be undertaken for the necessity of charities sake: lib. 19. de civit. Dei, c. 19. In the which saying of Augustine, I observe three things: 1. what causes were referred unto Ecclesiastical persons, not criminal, but civil, not matters, which touched the life, but controversies which violated charity. 2. how and upon what occasion they dealt in such causes, they hunted not after them, neither sought them, but they were brought unto them, they ambitiously intruded not themselves into the Magistrates office. 3. with what moderation: they did only attend such matters of necessity, and in such sort, as it hindered not their better studies and searching of the truth, which excuseth not them, which so entermeddle in civil business, as they neglect their calling.

So then to conclude this point: there are some things, in the Civil and Ecclesiastical power, that are compatible, some incompatible, and cannot be joined together: like as a civil 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 civil power to maintain peace, extendeth it self to the external policy of the Church • and so are helpers to the Ecclesiastical state: so the Ministers may be assistants to the civil state, to advise and direct them: See further hereof, Synops. Centur. 1. err. 52.

Controv. 6. Whether it be lawful for a Christian to be a Magistrate, and to use the sword in time of peace and war.

v. 4. He beareth not the sword in vain. Having hitherto out of this chapter resisted diverse erroneous opinions of the Romanists, we have now occasion to deal with the fantastical and brainesicke position of the Anabaptists, who deny, that any Christian ought to take upon him to be a Magistrate or to use the sword, in exercising civil justice at home, or military discipline abroad: not much unlike was the saying of Iudus Gaulonita, of whom Josephus maketh mention, in the beginning of his 18. book, antiquit. Iudaic. who affirmed, that the Jews were not bound, propter libertatem legis, by the liberty of their law, to yield obedience to Caesar, or to any profane Prince, &c. in the Council also of Vienna, was condemned a certain sect called Beghardi, who held that a man might attain to that perfection, as that he was not bound to the observation of any precepts, nor was subject 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 civil state, which was instituted before, but to appoint a new order of teachers for the building of his Church. 2. and the Apostle speaketh there only of such Ministers as were called to teach: those indeed 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 Lord's and Rulers, as the heathen were: But with you it shall not be so, Math. 20. and this he saith not only to his Apostles, but to all, Mark. 13.27. That which I say unto you, I say unto all, &c.

Answ. In that place, Matth. 20. Christ forbiddeth not all Christians Lordly dominion, but only his Apostles, that were appointed to preach the word: that there might be still a difference between the Civil and Ecclesiastical power: but in the other place, our Savior speaketh of spiritual watchfulness, which concerneth not only the Apostles, but all Christians, and therefore speaketh to all.

3. Argum. S. Paul forbiddeth the Corinthians all strifes and controversies, which do appertain unto the Magistrate, 1. Cor. 6.

Ans. The Apostle doth not simply forbid all suites: but 1. before the heathen judges. 2. among brethren. 3. for small causes, and trifling matters. 4. and with a desire and mind to procure trouble one to another: for otherwise S. Paul had transgressed against his own rule, when he appealed unto Caesar.

4. Argum. Our Blessed Savior forbiddeth to seek revenge, but if one smite us on the one cheek to turn the other also, Matth. 5.

Ans. All private revenge is forbidden: but the Magistrate is God's minister, and therefore as revenge belongeth unto God, so the Magistrate in God's place may take revenge: and one may implore his help, as he may commit his cause to God, so it be not done with a revengeful mind.

5. Argum. Our Savior biddeth us to love our enemies: but to wage battle with them, and to put malefactors to death, is not to love them: Ergo.

Answ. We are bidden to love our enemies, not simply, but 1. as they are men. 2. as they are our enemies, that we should not attempt anything against them of a private grudge, or with a revengeful mind. 3. and we must not seek their destruction, but amendment: yet we are not to love our enemies: 1. as they are evil, least we should love in them their vices, which God hateth. 2. as they are enemies of God and his Church. 3. and in forbearing to punish them, to their own hurt and evil example of others: So the Magistrate may love the malefactor, in seeking his amendment, and yet may punish his vice in him: so the Prince may love his enemies, in seeking all means to win them, and yet wage battle with them, as enemies to God and the commonwealth.

6. Argum. Christ forbiddeth to judge, judge not, and ye shall not be judge: Peter is bid to put up his sword: Christ refused to divide the inheritance, and to condemn the adulteress: he saith his kingdom is not of this world.

Answ. 1. Christ forbiddeth all rash judgment and private censuring one of another, he speaketh not of public judgment. 2. Peter, and in him all Ecclesiastical persons, as also all private persons, are forbidden to use the sword, because it is not committed to them. 3. Christ came not to be a Judge or civil Magistrate, therefore he refused to deal in those civil causes: the adulteress he condemned not, because the Pharisees accused her of hatred, and he would not be an instrument of their malice. 4. though his kingdom be not of this world, yet because it is in this world, of necessity we must use this world, and the helps thereof for our present necessity, as we use meat, and drink, plowing, sowing, and such like, though we must be as though we used it not.

7. Arg. There is neither precept nor president in the new Testament for the lawfulness of war among Christians: Ergo, it is not lawful.

Answ. 1. It followeth not, for Christ came to preach faith, not to give rules of war, because they are sufficiently prescribed in the old law and Testament, which Christ came not to dissolve. 2. the antecedent also is false, for there are both precepts and presidents in the New Testament, as shall follow now to be shown in the contrary arguments.

Contra. Now for the affirmative part, that it is lawful for a Christian to bear the Magistrates office, and being a Magistrate to use the sword, both in civil judgments and hostile war, these reasons are brought:

1. We have in the Old Testament, both precepts for judicial matters, as Exod. 21.22.23. and touching war, Deut. c. 13. c. 20. c. 31. and presidents also for both: Moses, Joshua, David, Jehoshaphat, were both judges in deciding controversies at home, and victorious captains against their enemies abroad.

But it will be objected concerning David, that God refused him, that he should not build his temple, because he was a man of war and blood, 1. Chron 28.3.

Answ. David was not refused, as though God allowed not the wars 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 wars, and he should have no leisure to attend that work: Junius annot. 2. Sam. 7.5. 2. or because he had shed the innocent blood of Uriah, Pare. 3. add hereunto, the Temple was a figure of Christ, whose kingdom should be peaceable, and therefore that the shadow and the body might fully agree, the Lord would have the material Temple a figure of the true Temple, to be built by Solomon a peaceable man.

But against all these precepts and presidents in the Old Testament, the Anabaptists will object with the old Manichees, that there is great difference between the old and New Testament: that the God of the law was cruel and bloody, but the father of Christ in the new is merciful and gentle: therefore to stop such blasphemous mouths, and to show that herein the Old Testament and the new agree, as both written by one spirit, we have both precepts, practice, and presidents, for all these in the new Testament.

For precepts of exercising Justice and Magistracy: S. Paul saith, He (the Magistrate) beareth not the sword in vain, Rom. 13.4. it is lawful then for a Magistrate to use the sword: for the lawfulness of war, John the Baptist doth not bid the soldiers renounce their calling, but that they should do no wrong, but be content with their wages, Luke. 3.

For practice: S. Paul appealed unto Caesar's judgment seat: therein allowing the thrones and places of justice.

For presidents of magistracy: the ruler, John 4. believed with all his house, and Sergius Paulus being converted, Act. 13. renounced not his Magistracy: of captains, Cornelius the Centurion, was a man that feared God, and yet a captain: so is the Centurion commended, Matth. 8.

And after the Apostles times the Christians warred under the Emperors, being yet Pagans and infidels against their enemies: as Justinus Martyr, in the ende of his 2. apology, maketh mention of the epistle of Mar. Aurelius the Emperor to the Senate of Rome, wherein he ascribeth his victory against the Germans, to the Christians in the campe, who when they were ready to perish for thirst, prayed unto God, who sent them rain to comfort them, and thunder upon their enemies.

Controv. 7. Whether law Civil and Ecclesiastical, do simply bind in conscience.

Before I come to examine the arguments on both sides produced, certain distinctions must be premised, for the better opening and understanding of the question.

1. Some laws are just, which are agreeable unto the word of God, in particular, or in general, and these do some way or other bind in conscience: some are unjust, prescribing and commanding unlawful things, these do not bind the conscience at all, but rather in keeping them, the conscience is defiled.

2. Laws may bind in conscience either in general or particular: in general some laws may bind, because obedience is commanded toward our governors in all lawful things: and yet the same laws shall not bind in particular in respect of the thing commanded.

3. Laws may bind in conscience, per se, of themselves, 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 scandal that may follow.

4. Some laws that bind in conscience of themselves, do so bind, sub ration cultus divint, as a part of the divine worship, for all those works, which men are bound in conscience to do, though they were commanded by no human law, belong to the service of God: some laws bind of themselves, but not by reason of the divine worship, but in respect of some order or discipline prescribed to that ende.

5. Some laws do only inducere culpam ciuilem, make one guilty of a civil offense, as to eat flesh upon days inhibited, or to wear apparel contrary to the law: these civil offenses do not bind the conscience properly: or they make one guilty of a moral offense, as when men are forbidden usury, extortion, drunkenness, and such like: these do bind the conscience.

Now according to these distinctions, these propositions may be framed.

1. That the divine laws, by whomsoever enjoined, Magistrate, superior or inferior, which concern either the duties of the first, or of the second table, do bind in conscience simply of themselves, both in general and particular.

2. Civil laws, which do determine of circumstances, necessary and profitable toward the observation of the moral law: as the law that forbiddeth men to frequent alehouses, the better to prevent drunkenness: or to wear any unlawful weapon to prevent bloodshed, do bind simply in conscience at the least in general: because they are moral precepts directly tending to the observation of the moral law: in such things we are bound in conscience to obey.

3. Laws made concerning civil duties, which in themselves, not being commanded are indifferent, as of the eating of flesh, keeping of watch, paying of tribute, and such like, do not simply bind in conscience, neither in general nor in particular, but accidentally only they do bind both in general and particular, in regard of the contempt of authority and scandal of our brethren.

4. Likewise Ecclesiastical laws, which do limit the circumstance of times and place, concerning external order & usages, which do help toward the observation of the duties of the first table, and the exercise of religion: do of themselves properly and simply bind in conscience, at the least in general, because in such moral duties our obedience simply is required: such are the public orders, of resorting duly unto divine service, of receiving 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 do not so directly concern the service of God, but are touching things indifferent in themselves, as of some gestures to be used, rites and observations not offensive: they do not bind at all in conscience, but only accidentally, in respect of the scandal, and offense which may be given, and the breaking of order.

Now the position of the Romanists is, that laws both civil and Ecclesiastical do bind simply in conscience, not only in respect of the matter, that is commanded, being agreeable to the word of God, or of the scandal and offense which may follow, but the thing though in it self it be indifferent, yet bindeth the conscience, quia lege praecipitur, because it is commanded by the law, though by the occasion thereof no offense follow, Perer. dispute. 2. numer. 8. and by the binding of the conscience, he saith, is understood mortal sin, which is committed in the omission of such things commanded: their reasons are these.

1. S. Paul biddeth us to be subject, not only for wrath, but for conscience sake, v. 5. therefore such laws bind in conscience.

Answ. This conscience is to be understood in general in respect of him, who commandeth, who of conscience is to be obeyed as God's Minister, not in respect of the thing commanded, which is not always such as bindeth the conscience.

2. S. Paul willeth obedience to be given unto those which are set over us, Heb. 13.17. and our Savior faith, he that heareth you, heareth me.

Answ. Our Savior and the Apostle speak of obedience to be given in those things which concern the doctrine of faith, and the salvation of our souls: not of every observation and order of the Church.

3. Argum. The Apostles in their Synodal decree, did bind the conscience of Christians, to abstain from strangled, and blood, and fornication, Act. 13.

Answ. 1. The former of these was no otherwise imposed upon the conscience, then for the avoiding of offense: fornication is joined with the rest, not because it was indeed as indifferent a thing, but it was so counted among the heathen. 2. neither have the Pastors of the Church, that power and authority to make laws to bind the conscience, as the Apostles had.

4. Argum. S. Paul willeth that they which observed not his precepts, should be shunned of all, 2. Thess. 3.14.

Answ. Because the Apostle urged nothing but the precepts of Christ, therefore he requireth obedience simply, and chargeth their conscience therewith.

But on the contrary, that all Civil and Ecclesiastical laws do not simply and in themselves bind in conscience, but in regard of the offense, we show it thus.

1. S. James saith, c. 4.12. there is one lawgiver, which is able to save and to destroy: God only maketh laws to bind the conscience.

2. If every law did bind the conscience, then by reason of such a multitude of laws, which are impossible to be kept, men's consciences should be so snared and entangled, as none should be free: and so with the Pharisees, they should bind heavy burdens, and grievous to be borne, and lay them on men's shoulders, Matth. 23.3. and S. Paul speaketh against such burdening with traditions, as touch not, taste not, handle not, Coloss. 2.21.

3. Where the intendment of the law is not to bind the conscience, there if no scandal follow, the omission of the thing commanded doth not bind or pollute the conscience: there may be a civil offense, but no moral or mortal sin: but in diverse such laws, which are made for civil order, as in wearing of cappes, providing of artillery, abstaining from flesh, and such like, the law intendeth not to charge the conscience, but imposeth a civil mulct only, where such things are omitted: therefore such offending, if they pay the mulct they satisfy the law: their conscience is free, where the omission proceedeth no • of contempt, nor giveth occasion of offense: beside another way the intentiō of the lawgiver is kept, whē the end and scope of the law is observed, though strictly the letter of the law be not kept: as the eating of flesh upon certain days is prohibited, for the benefit of the cōmonwealth, that navigation and fishing by the utterance of such commodities may be maintained: now if any eat flesh, not upon any contempt of the law, but upon some other occurrent occasion, so that the commonwealth be not thereby hindered, nor his brother offended, the intention of the law is kept, though the letter of the law be transgressed: and further in such penal laws which only concern external 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 guiltiness of the offense, but to the penalty: but in penal laws, which require the observation of any moral law, it is otherwise; for there beside the incurring of the outward mulct, the offender also transgresseth the law of God.

Pererius then needed not here to have found such fault with Calvin's distinction, between forum internum, the internal court of the conscience, and the external court, which only bindeth unto the duties of civility, wherein the conscience before God is free: for if upon every slip of a civil order, being not done with contempt, the conscience should be burdened, what an importable burden should be laid upon Christians, whose conscience by this means thorough the multitude of laws should be continually entangled.

Now then to conclude this point. 1. Some laws being unjustly made, or commanding any unlawful thing, do neither bind the conscience in general, nor particular, neither in themselves, nor accidentally.

2. Some laws bind every way, in general, in particular, by themselves, and accidentally, and sub ration diumi cultus, as a part of God's service: as all laws enforcing obedience to the moral precepts which belong to the first or second table.

3. Some laws do so bind in themselves, and not accidentally only, in respect of the offense, and not only generally in regard of our obedience required to the Magistrate in all lawful things, but in particular, in the very thing commanded: yet not as a part of the divine worship, but sub ration ordinis, vel disciplinae ordinatae, &c. by reason of the order and discipline enjoined toward the better performance of some duty toward God, or our neighbor: as the law which bindeth men to come to Church, the better to serve God: and politic laws that are made against deceit used in the making of clothes, and other ways, to the hindrance of our brethren, which is against charity, and such like.

4. Some laws do not bind in conscience at all in themselves, neither generally not in particular, but only accidentally in regard of scandal and offense which may be given by men's disobedience: as in such penal laws which are made only for civil orders and usages, where God is not dishonored, nor charity violated: let there be no contempt of authorie, nor offense given, though it be a breach of civil order, yet thereby the conscience is not burdened before God. This I say, not to give any encouragement willingly to transgress the public orders, for then they run into contempt of authority, but I advise every man, as near as he can to conform himself to the observation even of civil orders: but to this ende, to help the conscience of the weak, that they should not think in every such omission their conscience to be charged before God: See further Synops. Centur. 1. error. 49.

Controv. 8. Whether Ecclesiastical persons are exempted from tribute.

v. 7. Give to all men their duty, tribute to whom tribute, &c. This is an evident place to convince the Romanists, who hold their Clergy together with their possessions and goods to be freed and exempted from temporal taxes and payments.

The old Popish opinion was, that they were freed by the law of God: but now they challenge this immunity only by the charter and privilege granted 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 law of nature. But if they only claim this exemption from the grant of temporal Princes, why did then Alexan. the 6. (as Boniface the 8. hath inserted his decree in the sixth of his decretalls, lib. 3. titul. 23. c. 1.) by his constitution provide, that secular powers should not presume to exact of Ecclesiastical 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 Junius taketh rather for the Princes, Courtiers of Pharaohs household, for the word cohen, signifieth both a Prince and a Priest,) were not so • d unto Pharaoh, as other lands were: for by reason of the ordinary allowed them from the King, in the time of dearth, they were constrained to sell their land for food, and so their possessions were free from the fifth part, which other paid: they might notwithstanding be subject and liable to other charges.

2. The King of Persia charged his officer to lay upon the Priests and Levites no toll nor custom, 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 tax money, nor custom at all, as other did: and the reason was, because they possessed nothing, as Pliny witnesseth, l. 16. c. 24.

Now on the contrary, that Clergy men, are bound as well as others, for their persons, and lands, to pay tribute, and yield their subjection unto temporal governors, it is evident by these reasons.

1. By the precept of Christ, give unto Caesar, the things that are Caesar's: he spake then to the Priests: and by his own example he refused not to pay poll money, Matth. 17. and he confessed to Pilate, John. 18. that he could have no power against him, if it were not given him from above: he acknowledgeth himself personally subject unto Pilate.

2. He which holdeth terrene things, is in reason to be subject to the terrene and temporal power: Origen saith, qui habet pecuniam, aut possessiones, aut aliquid in seculo, audiat, &c. he which hath money or possessions, or anything in the world, to him it is said, let every soul be subject, &c.

3. And S. Paul chargeth all subjects to pay tribute, because it is a duty to the Magistrate, in respect of his care and vigilancy, who watcheth over the subjects for their good.

Yet we deny not, but that Ecclesiastical persons may enjoy those privileges and immunities, which have been granted them by Princes, whose liberty therein is to be commended: so that they abuse them not to idleness and wantonness, 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 law be possible in this life.

v. 8. He that loveth another, hath fulfilled the law. Hereupon our adversaries the Romanists do infer, that the law may be fulfilled by love, in this life: Rhemist. and Tolet, whereas we object, that no perfection can be attained unto in this life, hath this distinction, that there is great difference between dilectionem in se perfectam, & eam, quae est in praecepto, love which is perfect in it self, and love which is in the precept and commanded: as if one bid a man run perfectly or swiftly, he meaneth not, that he should run so fast as an heart or hind, but so fast as a man may run: so perfect charity in it self is not commanded, which cannot be in this life, but such charity, as a man in the state of grace, being thereby helped, may attain unto.

And thus he reasoneth; if by love the law could not be fulfilled, S. Paul would not have exhorted thereunto: for it were in vain to exhort unto that, which cannot be done, an. 11.

Contra. 1. Touching the distinction, it is no ways to be admitted. 1. for as God is, so is his commandment, he is perfect, therefore he commandeth that which is perfect: the love then commanded in the law is a perfect love, and not only according to the possibility of man's strength. 2. further, the written moral law commandeth the same thing, which the natural law did, which was infused into Adam in his creation: but that was perfect love and charity, for he was created according to the image of God, in righteousness and holiness. 3. and we are commanded to be perfect, as our heavenly father is perfect, Matth. 5. therefore not according to the possibility only of our own strength. 4. neither is the instance brought in to the purpose: for, when a man is bid to run perfectly, the meaning is, he should run as fast as a perfect man may run, not one that is lame or halting: so man in the state of his perfection might have fulfilled the law, though now he cannot, since his nature hath been lamed by sin, therefore by his own example, such charity is commanded, as man before his fall, might have performed.

2. Now to the argument we answer: 1. that he indeed, that can love his neighbor as he ought, may fulfill the law, but so none can love, Martyr: and so to the same purpose Calvin, that the Apostle sub conditione loquitur, speaketh as it were under condition, that is, if a man can so love his neighbor, which condition no man can fulfill. 2. But because the Apostle useth this as an argument to persuade unto love, because it is the fulfilling of the law, we will grant that the Apostle speaketh here of such a fulfilling, as is possible, but that is not a perfect keeping of the law, which none can attain unto, but as Beza saith, non vnum praeceptum obijt, he that loveth his brother is not ready to keep one precept only, but all: so as Pareus well distinguisheth: he speaketh of fulfilling the law, partibus, non gradibus, in the parts, not in the degrees: as he which loveth his brother, will show it in all the parts of the law, he will neither steal, nor commit adultery, nor do any other hurt unto him: but perfectly in the highest decree of charity, no man can keep the law, for the Apostle saith, In many things we offend all, I am. 3.11. then no man can perfectly fulfill the law in this life. 3. Gwalther here hath another answer, that the Apostle speaketh not of the fulfilling of the whole law, but only de externis officijs, of the external duties: yet he insisteth not upon this answer: for the Apostle speaketh of coveting, which is no external thing, but acted in the heart: the best answer then is, that the Apostle speaketh not of an absolute or plenary fulfilling of the law, which is not in man's power, but of a total and general fulfilling and keeping of every commandment: that love will not content it self, with doing of our duty in one or two commandments, but in the rest also.

10. Controv. Against the Marcionites, which denied the moral precepts to be now in force, but to be ceased.

The Marcionites, as Origen showeth, dialogue. 2. against them, would prove from hence, that the old law, even in respect of the moral precepts, was ceased, because it is here said, love is the fulfilling of the law.

Contra. But Origen answereth well, that charity is an epitome, or sum of the law: but the epitome or sum taketh not away the things, which are therein contained: nay rather the contrary followeth, because charity is the fulfilling of the moral law, and charity always remaineth, therefore also the moral law continueth still, & is not abrogated, though the ceremonies be ceased; neither are the iudicialls necessarily now enforced.

11. Controv. Against justification by the works of the law.

v. 10. Love is the fulfilling of the law. From this place Stapleton inferreth, that the keeping of the law is our justice; and that by the works of charity we are justified: and thus he reasoneth; The keeping of the law is justice, but he that loveth his brother, keepeth the law, Ergo: to this purpose Stapl. Antidot. p. 973.

Contr. 1. The proposition is true if it be understood of the perfect keeping of the law: for if any in all points, could keep the law, he should thereby be justified: as S. Paul allegeth out of the law, Rom. 10.5. He that doth these things, shall live thereby. 2. but so no man is able to fulfill the law: in some measure the faithful guided by grace, do perform the precepts of the law, but perfectly in all points, they cannot keep it: for then they might be without sin: for sin is the transgression of the law, 1. John. 3.4. and whosoever transgresseth the law, sinneth: but no man is in this world without sin: as the same Apostle saith, If we say we have no sin, we deceive our selves, 1. John. 1.8.

1. Observ. Of the office of the Magistrate in encouraging the good, and punishing the evil.

v. 3. Princes are not to be feared for good works, but for evil, &c. This ought to teach Magistrates, that they should not abuse their authority in afflicting the good, and sparing the evil, as Jezebel did, who maintained idolatry, sorcery, and adultery in Israel, 2. king. 4.22. but persecuted the true Prophets: but they must use their authority, to fear the evil, and to be patrons to the good: as the Apostle here saith, they must be feared for evil works, and not for good.

2. Observ. That Magistrates should procure the common good, and exercise true judgment.

v. 4. He is the minister of God for thy wealth, or good. Here are two excellent parts of the Magistrates office described: first because he is God's minister, he must consider, that the judgment is the Lord's, and therefore they ought to deal uprightly, as Iehosaphac charged his judges and officers, 2. Chron. 19.6. Take heed what ye do, for ye execute not the judgments of man, but of the Lord, &c. and further, the magistrate must propound to himself the good of the people, not seek his private gain: for he is ordained for their wealth: for this is the difference between a good governor, and an oppressor, that the one studieth to profit the Commonwealth, the other seeketh by laying heavy burdens upon the people to enrich himself.

3. Observ. How the Magistrate may comfort himself in his government.

Whereas many cares and troubles are incident into the office of the Magistrate, many dangers imminent, and conspiracies intended: he is herein to comfort himself, that he is God's minister, and therefore he need not to doubt, but that God will assist his own ordinance: for it were impossible if the Lord did not guard and defend them, that Princes could escape such perils, as they are subject unto: that saying then must animate and comfort them, Touch not mine Anointed, &c. 1. Chron. 16.22.

4. Observ. Of the vigilant care and painful office of the Magistrate.

v. 6. Applying themselves to the same ende: this showeth, that the Magistrate is called not to a place of pleasure and ease, but of labor and care: they must endeavor and apply themselves to this ende, that is, to seek and procure the good of their subjects: they watch when others sleep, and take care, when their subjects are secure: this well perceived the King that said, if one knew the cares that belong unto the crown, and diademe, they would not take it up, though it lay in the dirt before them. This should teach men not ambitiously to aspire to places of such labor and care, and others to pay tribute and other duties willingly unto their Magistrates, as a recompense in part of their pains.

6. Observ. Of the commendation of Christian love.

v. 10. Love doth none evil, &c. it is the fulfilling of the law, &c. Chrysostom here hath a good moral of love: vtram{que} virtutem habet dilectio, love hath a double virtue, it both maketh us abstain from evil, and it bringeth honorum operationem, the working of good things: it is the fulfilling of the law: nay further, it doth not only show us what we should do, but helpeth us also to do our duties prescribed in the law more easily: and beside, this love toward our neighbor, doth also show our love toward God, and assureth us of his love again: in love among men it is otherwise: for love is impatient of fellowship, it is full of jealousy, if one love the party whom another loveth, repugnabit amator, the lover will be against it: but God, dignatur te amoris sui communion, vouchsafeth thee to be partaker of his love, &c. he loveth those, that love them, whom he loveth.

7. Observ. Against backesliders.

v. 11. Now is salvation nearer, &c. S. Paul useth this as a reason to stir us up to zeal and carefulness, because still we come nearer unto the work: like as they which run in a race, the nearer they approach unto the goal, the faster they run: therefore they are very preposterous, careless, and disordered, which in the end of their race do slack their pace: for while they stay and rest themselves, another outstrippeth them, and winneth the price: therefore, as the Apostle saith, 1. Cor. 9.14. So run, that ye may obtain: we must then hold out unto the ende, and not give over our running, if we will obtain the crown.

8. Observ. Against careless hearers of God's word.

v. 11. It is now time, that we should arise from sleep, &c. Chrysostom applieth this against careless hearers, who though they are awake in body, yet are a sleep in their souls: and all things which they hear, are as a dream unto them: tell me, saith he, what Prophet, what Apostle, de{que} quibus rebus lectus fit, and of what matters was he read, sed non potes, but thou canst not tell me: wherefore to such be this spoken, it is time to arise from sleep, &c.

9. Observ. Against riotous feasts.

v. 13. Not in banketting, and drunkenness, &c. Here Chrysostom also taketh occasion to enueigh against symposia 〈 in non-Latin alphabet 〉 , companions feasts: when men feasted by turns, or everyone sent his cost, and when they met together, and did glut themselves with meats and drinks, and carnal pleasures: if this be a pleasure and delight, ostende mihi voluptatem illam vesperi, show me thy pleasure at night, but thou canst not: I forbid not, saith he thus speaking, all kind of meetings sed ne quid praeter decorum agatur, that nothing be done uncomely, but use to sing psalms, pro illiberalibus canticis, instead of dishonest songs: sic Christus mensae vestrae aderit, &c. so Christ will be at your table, and shall bless your meeting, and your banket, and so shall you follow the rule of the Apostle, 1. Cor. 10.31. Whether ye eat or drink, or whatsoever you do else, do all to the glory of God.

10. Observ. Against chambering and fornication.

v. 13. Not in chambering and wantonness: from these riotous feasts and banquets proceed vagrant and filthy lusts: and so men leaving as it were the pure and clear fountain, do run ad immundi cani cloucam, to a filthy puddle, and sink: caenum nam{que} scorti corpus esse, &c. that the body of a strumpet is a very puddle and sink, I appeal unto thyself: after that thou hast wallowed thyself in this mire, dost thou not think thyself impure and unclean? 2. Chrysostom proceedeth further to show the loathsomnes of this sin; quid seminas, quod metere non licet, &c. why dost thou sow, where thou wouldest not reap? for the very fruit and offspring would make thee ashamed. 3. puero magnam facis iniuriam, &c. thou doest great wrong unto the child, that shall be borne, who by thy means is counted a bastard and base borne. 4. and thou thyself shall be ignominious, non solum in vita, not only in thy life, but after they death: sive ex scorto sit, sive ex ancilla, whether thou hast a child by an harlot, or by thy maid. 5. beside, thou makest her not only an harlot, but after a murderer: nam non solum, quod natum est occidit, sed & ne nascatur prohibit, for she only killeth not that, which is borne, but hindereth it that it be not borne: & sic generationis promptuarium, promptuarium facis occisionis, and so thou makest the receptacle of generation, the shoppe and forge of occision and murder. 6. hinc sunt & idololatriae, &c. hence also proceeded idolatries: for many procure enchantments, and drinks, and other sorceries, that they may be believed. 7. Many other evils also spring from hence: venena parantur, &c. often poison is prepared for the wise, that hath the wrong, and other lyings in wait, or at the least, quotidiana bella, continual war and strife: and the legitimate children are hardly used, and much wronged: to this purpose Chrysostom excellently.

11. Observ. How we ought to imitate Christ, in the not satisfying of the flesh.

v. 14. Put on the Lord Jesus, &c. and take no care for the flesh, to fulfill the lusts thereof: for if a man should give himself to satisfy the desire of his flesh, he should but procure his own further torment, and never be at rest: ipsae quippe concupiscentiae alias graviores pari •• t, for concupiscence doth still beget concupiscence: as he, that is always thirsty, as they which have the dropsy, though they have whole rivers by them, can never quench their thirst, so is it with them that follow the lust of the flesh, it will never be satisfied.

Thus far Chrysostom proceedeth well, but he seemeth in the rest to be somewhat too strict and austere: for he would have a man only to use things for necessity, as to eat only to satisfy hunger, and to seek garments only to cover the flesh: non est vestibus ornan •• c • r • , ne ornatu illam perdas, &c. the flesh is not to be adorned and set forth with raiment, least thou destroy it by those ornaments, &c. and to this purpose he showeth how we should put on Christ, by imitating his austere life, and to do as he did: he had not a place, wherein to put his head: do thou likewise: if he were at any time to take meat, panibus hordeacis vsus est, he used barley bread: if he were to travel, he did not ride on horseback, sed venerbus pedestris, &c. but took his journey on foot: if he were to sleep, he made his pillow in the ende of his ship: if he were to sit down, in faeno, &c. he sat down upon the grass, &c.

But our blessed Savior is not to be imitated in all things which he did, as namely in these two, 1. in his divine works, as in fasting forty days and nights, in walking upon the sea, and such like: for these miraculous works are beyond our power. 2. in his particular and personal acts, as in that he possessed nothing, refused to be a Judge, washed his Apostles feet, and in those before named: for these things became his person, as he was the Messiah, to show that his kingdom was nothing at all of this world: but in his general virtues, as his humility, mercy, love, holiness, and such like, we must set before us the most holy example of our blessed Savior: as he saith himself, Learn of me, for I am humble and meek, Matth. 11.29.

And concerning the thing it self: it is lawful to take care of the flesh, not only for necessity, but also for moderate pleasure and delight: as it is said, Psal. 104.15. That wine maketh a cheerful heart, and oil causeth the face to shine: and as much is insinuated here by the Apostle, that we should not take care for the flesh, to fulfill the lusts thereof: every other care then is lawful, so it be not to pamper the flesh in wantonness, and carnal delight: meats may be used not only for necessity, but with some kind of pleasure; and apparel may be used as well for ornament, and comeliness, as to cover our nakedness, so that excess be taken heed of in the one, and pride in the other.

1. The text with the diverse readings.

v. 1. Him that is weak in the faith, receive unto you, but not for controversies of disputation, ( doubtfulness of disputation, B. in the disceptation of thoughts. L. for to judge disputations, V. be not divided in your cogitations. S. but the word 〈 in non-Latin alphabet 〉 , here rather signifieth, a disceptation or controversy, and 〈 in non-Latin alphabet 〉 , an outward dispute, rather thē an inward discourse of the mind. )

2 One believeth that he may eat of all things: and another which is weak, eateth herbs.

3 Let not him that eateth, despise him that eateth not: and let not him which eateth not, judge him ( condemn him, G. Be. ) that eateth: for God hath received him.

4 Who art thou, that judgest ( condemnest, B.G. 〈 in non-Latin alphabet 〉 judging, Gr. ) another man's servant? he standeth or falleth to his own master: yea he shall be established: for God is able to make him stand, (or establish him, Be. )

5 This man esteemeth ( judgeth, L.S. Gr. ) one day above another day, and another esteemeth every day alike: let every man be fully persuaded G.B. Be. (or be certain, V.S. abound. L. the word is 〈 in non-Latin alphabet 〉 , which is to be fully persuaded ) in his mind.

6 He that regardeth (or careth for, B. ) the day, ( thinketh of the day. S. esteemeth. B. observeth. G. judgeth. V. 〈 in non-Latin alphabet 〉 that setteth his mind on the day. Gr. ) regardeth it to the Lord: and he that regardeth not the day, regardeth it not to the Lord: ( this clause the vulgar Latin omitteth ) He that eateth, eateth to the Lord: for he giveth God thanks: and he that eateth not, eateth not to the Lord, and giveth God thanks.

7 For none of us liveth to himself, neither doth any die to himself.

8 For whether ( if, B. 〈 in non-Latin alphabet 〉 , whether, Gr. ) we live, we live unto the Lord: or whether we die, we die unto the Lord: whether therefore we live or die, we are the Lord's.

9 For to this ende Christ both died, and rose again, and revived, that he might be Lord both of the dead, and quick.

10 But why doest thou judge ( condemn, B.G. ) thy brother? or why doest thou despise ( set at naught, Be. B. Gr. ) thy brother? for we shall all be presented ( stand. L.S. appear. G. 〈 in non-Latin alphabet 〉 , be presented ) before the tribunal ( judgment seat, B.G. ) of Christ.

11 For it is written, I live, saith the Lord, that ( because, L.V. and B.G. surely. Be. but 〈 in non-Latin alphabet 〉 signifieth that: it is the form of an oath: God sweareth, as he liveth that ) every knee shall bow unto me, and every tongue shall confess unto God.

12 So then everyone of us shall give account of himself unto God.

13 Let us not therefore judge one another anymore: but use your judgment in this rather Be. G. (judge this rather, Gr.) that no man put a stumbling block, or an occasion to fall, before ( to. Gr. ) his brother. ( not an occasion to fall, and a stumbling block: see qu. 23.2.)

14 I know, and am persuaded through the Lord Jesus, that there is nothing unclean ( common, 〈 in non-Latin alphabet 〉 , Gr. L.V. ) of it self: (not by him. L. ) but unto him that thinketh Be. ( judgeth. B.G. ) anything to be unclean, to him it is unclean.

15 But if thy brother be grieved for the meat, now walkest not thou charitably: ( according to charity, Gr. ) destroy not him with thy meat, for whom Christ died.

16 Let not your (not our, L.S. ) commodity G. (your Good, Gr.) be evil spoken of, ( blasphemed, Gr. )

17 For the kingdom of God, is not meat, nor drink, but righteousness, and peace, and joy in the holy Ghost.

18 For whosoever in these things serveth Christ, is pleasing ( acceptable, G. ) to God, and approved ( commended, B. accepted, Be. 〈 in non-Latin alphabet 〉 , Gr. appointed or allowed ) to men.

19 Let us then follow those things which concern peace, and the edifying one of another.

20 Destroy not the work of God for meats sake: all things in deed are pure: but it is evil for the man, which eateth with offense.

21 It is good, neither to eat flesh, not to drink wine, nor anything, whereby thy brother stumbleth, or is offended, or made weak.

22 Hast thou faith? have it with thyself before God: blessed is he, that judgeth not ( condemneth not. Be. G. ) himself, in that thing, which he alloweth.

23 For he that doubteth, ( discerneth. L. judgeth. V. maketh conscience. B. is divided. S. 〈 in non-Latin alphabet 〉 , Gr. doubting. ) is condemned, if he eat, because he eateth not of faith: and whatsoever is not of faith, is sin.

2. The Argument, method, and parts.

IN this chapter the Apostle showeth the use of indifferent things, whereabout there was contention between the believing Gentiles, and the converted of the Jews: there are two parts. 1. the Apostle teacheth how the strong and weak should behave themselves one toward another, and useth jointly arguments of persuasion to them both, to v. 13. then he dealeth with them apart, with the strong, to v. 22. then with the weak, v. 22, 23.

1. In the first part the case is propounded in two particular instances, the first v. 2, 3. concerning the eating, or not eating of herbs: wherein he exhorteth them to mutual concord, not one to judge or condemn another: 1. from their state or condition, they are of God's family, v. 3. and no man is to judge an others servant, the reason whereof is rendered; he standeth or falleth to his own master, v. 4. 2. from the power of God, who is able to make them stand, and will most surely establish them, v. 4. therefore they must not be condemned or despaired of. The second instance is of observing, or not observing days: which is propounded with an admonition, that nothing should be done without a full persuasion: then the reasons unto brotherly concord follow. 1. frō the end, because both the observer & not observer, do it to God's glory: which he proveth by the adjunct, their giving of thanks, v. 6.

2. Argum. From the whole to the part: none of us live or die to himself, v. 7. therefore the particular actions must be referred not to our selves, but to the glory of God: the antecedent is proved, that we live not or die unto our selves, but unto the Lord, v. 8. from the ende of Christ's death, and resurrection, v. 9.

3. Argum. It belongeth unto Christ to judge, who is made Lord of all, v. 11. and everyone must give account unto him, v. 10. therefore one must not judge another, and so take Christ's office upon them.

2. The Apostle now cometh to deal with such as are strong in faith, and showeth how they should behave themselves toward the weak: that they should give them no occasion of stumbling or being offended.

This caution is first explained, by a distinction: that although meats are not unclean in themselves, yet to him that so judgeth, they are unclean, and he is thereby offended, v. 14. then follow the reasons.

1. He that grieveth his brother, walketh not charitably, 15. 2. he destroyeth him, as much as in him lieth, for whom Christ died, 15. 3. causeth their liberty to be evil spoken of, 16. 4. from the property and condition of Christ's kingdom, which consisteth not in meat and drink, but in righteousness and peace, 17. which he proveth by the effects, they which serve Christ, therein please God. 5. ab vtili, from the commodity ensuing: they must follow those things, which concern peace, 18. 6. from the inconvenience feared, they shall destroy their brothers faith, which is God's work, 20. then he concludeth, that it is not good to eat or drink, or to do anything, to cause the brother to stumble •• , v. 21.

3. Lastly, he giveth a rule unto the weak, not to do anything with doubting or against their conscience, for therein they should condemn themselves: which he proveth by the contrary effects with their causes, he which doth not anything against his judgment is blessed, because he hath faith in himself: therefore he which eateth against his conscience is condemned, because he hath no faith: and whatsoever is not faith, and a sure persuasion, is sin.

3. The questions and doubts discussed.