And Whether He May Make Laws and Ordinances in Cases of Religion. The Seventh Sermon
The first and greatest thing, that chiefly ought to be in a magistrate, is easily perceived by the declaration of his office and duty. In my yesterday’s sermon I shewed you what the magistrate is, how many kinds of magistrates there are, of whom the magistrate had his beginning, for what causes he was ordained, the manner and order how to choose peers?, and what kind of men should be called to be magistrates. To this let us now add what the office and duty of a magistrate properly is.
The whole office of a magistrate seemeth to consist in these three points; to order, to judge, and to punish: of every one whereof I mean to speak severally in order as they lie. The ordinance of the magistrate is a decree made by him for maintaining of religion, honesty, justice, and public peace: and it consisteth on two points; in ordering rightly matters of religion, and making good laws for the preservation of honesty, justice, and common peace. But before I come to the determining and ordering of religion, I will briefly, and in few words, handle their question which demand, whether the care of religion do appertain to the magistrate as part of his office or no? For I see many that are of opinion, that the care and ordering of religion doth belong to bishops alone?, and that kings, princes, and senators ought not to meddle therewith.
But the catholic verity teacheth, that the care of religion doth especially belong to the magistrate; and that it is not in his power only, but his office and duty also, to dispose and
[3 que ordinet, Lat.; omitted. What he may regulate. ] proceres, Lat. ] [+ Cf. Becon’s Works, Vol. 11. p. 303. Parker Soc. ed. The Ro-]
[mish arguments on this topic are alleged and discussed by Melancthon.]
[—Corp. Reform. Tom. 11. No. 1520. pp. 240—58.] 21—2]
advance religion. For among them of old their kings were priests; I mean, masters and overseers of religion. Mel-chizedech, that holy and wise prince of the Canaanitish people, who bare the type or figure of Christ our Lord, is wonderfully commended in the holy scriptures: now he was both king and priest together. Moreover, in the book of Numbers, to Josue, newly ordained and lately consecrated, are the laws belonging to religion given up and delivered. The kings of Juda also, and the elect people of God, have for the well ordering of religion (as I will by examples anon declare unto you) obtained very great praise: and again, as many as were slack in looking to religion are noted with the mark of perpetual reproach. Who is ignorant, that the magistrate’s especial care ought to be to keep the commonweal in safeguard and prosperity? Which undoubtedly he cannot do, unless he provide to have the word of God preached to his people, and cause them to be taught the true worship of God, by that means making himself, as it were, the minister of Levit. xxvi. true religion. In Leviticus and Deuteronomy the Lord doth largely set down the good prepared for men that are religious and zealous indeed; and reckoneth up, on the other side, the evil appointed for the contemners of true religion. But the good magistrate is commanded to retain and keep prosperity among his people, and to repel all kind of adversity. Let us hear also what the wise man, Salomon, saith in his Proverbs: “Godliness and truth preserve the king, and in godliness his seat is holden up.” When the just are multiplied, the people rejoice; and when the wicked ruleth, the people lamenteth. The king by judgment stablisheth his dominion, but a tyrant overthroweth it. When the wicked increase, iniquity is multiplied, and the just shall see their decay. Where the word of God is not preached!, the people decay; but happy is he that keepeth the law2” Whereby we gather, that they, which would not have the care of religion to appertain to princes, do seek and bring in the confusion of all things, the dissolution of princes and their people, and lastly, the neglecting and oppression of the poor.
Furthermore, the Lord commandeth the magistrate to make trial of doctrines, and to kill those that do stubbornly teach
[1 quando non est visio, Lat.; cum prophetia defecerit, Vulg.] [2 Prov. xx. 28; xxix.‘2, 4,16, 18.]]
against the scriptures, and draw the people from the true God. The place is to be seen in the thirteenth of Deut. God also forbade the magistrate to plant groves, or erect images: as is to be seen in the seventeenth of Deut. And by those particularities he did insinuate things general; forbidding to ordain, to nourish, and set forth superstition or idolatry; wherefore he commanded to advance true religion: and so consequently it followeth, that the care of religion belongeth to the magistrate. What may be thought of that moreover, that the most excellent princes and friends of God among God’s people did challenge to themselves the care of religion as belonging to themselves; insomuch that they exercised and took the charge thereof, even as if they had been ministers of the holy things? Josue in the mount Hebal caused an altar to be builded, and fulfilled all the worship of God, as it was commanded of God by the mouth of Moses. David, in bringing in and bestowing the ark of God in his place, and in ordering the worship of God, was so diligent, that it is wonder to tell. So likewise was Salomon, David’s son. Neither do I think that any man knoweth not how much Abia, Josaphat, Ezechias, and Josias, laboured in the reformation of religion, which in their times was corrupted and utterly defaced. The very heathen kings and princes are praised, because, when they knew the truth, they gave out edicts for the confirmation of true religion against blasphemous mouths. Nabuchodonozor, the Chaldean, the most mighty monarch of all the world, than who I doubt whether any more great and mighty did reign in the world, publisheth a decree, that he should be torn in pieces, and his house made a jakes, whosoever spake reproachfully against the true God which made both heaven and earth. The place is extant in the third chapter of Daniel’s prophecy. Darius Medus, the son of Assuerus, king Cyrus his uncle, saith: “I have decreed that all men in the whole dominion of my kingdom do fear the God of Daniel:” as is to be seen in the sixth of Daniel. Cyrus, king of Persia, looseth the Jews from bondage, and giveth them in charge to repair the temple, and restore their holy rites again Darius Persa, the son of Hystaspes, saith: “I have decreed for every man which changeth
[3 Josh. viii. 30, &ec.] [4 Asa, in the Latin original.] [5 Ezra i.]]
any thing of my determination touching the reparation of the temple, and the restoring of the worship of God, that a beam be taken out of his house, and set up, and he hanged thereon, and his house to be made a jakes!.” The very same Darius? again, who was also called Artaxerxes, saith: ‘ Whosoever will not do the law of thy God (Esdras), and the law of the king, let judgment straightway pass upon him, either to death, or to utter rooting out, or to confiscation of his goods, or imprisonment.” ΑἹ] this we find in the book of Esdras. to The men, which are persuaded that the care and ordering vw 5. of religion doth belong to bishops alone, do make an objection, and say, that these examples, which I have alleged, do nothing appertain to us which are Christians, because they are examples of the Jewish people. To whom mine answer is: The men of this opinion ought to prove, that the Lord Jesus and his apostles did translate the care of religion from the magistrate unto bishops alone: which they shall never be able to do. But we, on the other side, will briefly shew, that those ancient princes of God’s people, Josue, David, and the rest, were Christians verily and indeed; and that therefore the examples which are derived from them and applied to christian princes, both are and ought to be of force and effect among us at this day. I will in the end add also the prophecy of the prophet Esay, whereby it may appear, that even now also kings have in the church at this day the same office that those ancient kings had in that congregation which they call the Jewish church. There is no doubt but that they ought to be accounted true Christians, which, being anointed with the Spirit of Christ, do believe in Christ, and are in the sacraments made partakers of Christ. For Christ (if ye interpret the very word) is as much to say as “anointed.” Christians therefore, according to the etymology of their name, are anointed. That anointing, according to the apostle’s interpretation, is the Spirit of God, or the gift of the Holy Ghost. But St Peter testifieth, that the Spirit of Christ was in the
[[ Ezra vi. 11.] [2 This is not Darius Hystaspis, but Artaxerxes Longimanus.—Pri-]
[deaux. Connect. Vol. 1. p. 249. ed. MCaul. 1845. But, by some]
[writers, Artaxerxes Longimanus is called also Darius.—See Works of]
[Bp. Pilkington, Parker Soc. ed. p. 14.] [3 Ezra vii. 26.] [4 1 John ii. 20, 27.]]
kings and prophets. And Paul affirmeth flatly, that we have the very same Spirit of faith that they of old had; and doth moreover communicate our sacraments with them, where he saith, that they were baptized under the cloud, and that they all drank of the spiritual rock that followed them, which rock was Christ”.
Since then the case is so, the examples, truly, which are derived from the words and works of those ancient kings, for the confirmation of faith and charity, both are and ought to be of force with us. And yet I know that every thing doth not consequently follow upon the gathering of examples. But here we have, for the making good of our argument, an evident prophecy of Esay, who foretelleth that kings and princes, after the times of Christ and the revealing of the gospel, should have a diligent care of the church, and should by that means become the feeders and nurses of the faithful. Now it is evident what it is to feed and to nourish; for it is all one as if he should have said, that they should be the fathers and mothers of the church. But he could not have said that rightly, if the care of religion did not belong to princes, but to bishops alone. The words of Esay are these: “Behold, I will stretch out my hand unto the Gentiles, and set up my token to the people; and they shall bring thee thy sons in their laps, and thy daughters on their shoulders. And kings shall be thy nursing fathers, and queens thy nursing mothers; they shall fall before thee with their faces flat upon the earth, and lick up the dust of thy feet,” &c. Shall not we say, that all this is fully performed in some christian princes? Among whom the first was the holy emperor Constantine, who, by calling a general council, did determine to establish true and sincere doctrine in the church of Christ, with a settled purpose utterly to root out all false and heretical phantasies and opinions. And when the bishops did not go rightly to work by the true rule and touchstone of the gospel and of charity, he blamed them, upbraiding them with tyrannical cruelty, and declaring therewithal what peace the Lord had granted by his means to the churches: adding moreover, that it were a detestable thing, if the bishops, forgetting to thank God for his gifts of peace, should go on among them-
[51 Pet. i. 11.) [6.2 Cor. iv. 13.] [1 Cor. x. 2—4.] [5 in gremio, Lat.]]
selves to bait one another with mutual reproaches and taunting libels, thereby giving occasion of delight and laughter to wicked idolaters; when as of duty they ought rather to handle and treat of matters of religion. For (saith he) the books of the evangelists, apostles, and oracles of the ancient prophets, are they which must instruct us in the understanding of God’s holy law. Let us expel, therefore, this quarrelling strife, and think upon the questions proposed, to resolve them by the words of scripture inspired from above!. After him again, Var the holy emperors, Gratian, Valentinian, and Theodosius, make a decree, and give out the edict in these very words: “We will and command all people, that are subject to our gracious empire, to be of that religion, which the very religion, taught and conveyed from Peter till now, doth declare that the holy apostle Peter did teach to the Romans?” And so forward.
By this, dearly beloved, ye perceive how kings and princes, among the people of the new Testament, have been the foster-fathers and nourishers of the church; being persuaded that the care of religion did first of all and especially belong to themselves.
The second objection that they make is the leprosy of Osias king of Juda, which he gat by challenging to himself the office of the priest, while he presumed to burn incense on the incense-altar. They object the Lord’s commandment, who bad Josue stand before Eleazar the priest, and gave the king
[[} Βασιλεὺς ὁ πανεύφημος τοὺς περὶ τῆς ὁμονοίας τε kai συμφωνίας]
[προσενήνοχε λόγους, τῆς τε τῶν τυράννων ἐκείνων ἀναμιμνήσκων ὠμότητος,]
[καὶ τῆς ἐπ᾿ αὐτοῦ θεόθεν παρασχεθείσης ἐντιμοτάτης εἰρήνης” καὶ ὡς δεινὸν]
[εἴη καὶ ἄγαν δεινὸν, τῶν πολεμίων καταλυθέντων καὶ μηδενὸς ἀντιτείνειν]
[τολμῶντος, ἀλλήλους βάλλειν, καὶ τοῖς δυσμενέσιν ἡδονὴν καὶ γέλωτα προ-]
[ξενεῖν, ἄλλως τε καὶ περὶ θείων διαλεγομένους πραγμάτων, καὶ τοῦ παναγίου]
[πνεύματος τὴν διδασκαλίαν ἀνάγραπτον ἔχοντας” εὐαγγελικαὶ γάρ, φησι,]
[βίβλοι καὶ ἀποστολικαὶ, καὶ τῶν παλαιῶν προφήτων τὰ θεσπίσματα, σαφῶς]
[ἡμᾶς ἃ χρὴ περὶ τοῦ θείου φρονεῖν ἐκπαιδεύουσι. Τὴν πολεμοποιὸν οὖν]
[ἀπελάσαντες ἔριν, ἐκ τῶν θεοπνεύστων λύγων λάβωμεν τῶν ζητουμένων τὴν]
[Adow.—Theodorit. Eccles. Hist. Lib. 1. cap. vii. Ed. Reading. Cantab.]
[1720. pp. 26, 27.] [2 Cunctos populos, quos clementize nostra regit imperium, in tali]
[volumus religione versari, quam divinum Petrum apostolum tradidisse]
[Romanis religio usque ad hunc ab ipso insinuata declarat, &c.—]
[Grat. Valent. et Theod. Edict. in Corp. Jur. Civil. a Gothof. Amst.]
[1663. Cod. Lib. 1. Tit. i. 1. Tom. 11. p. 1. See also, page 34 above.] [3 2 Chron. xxvi. 18, 19.]]
in charge to receive the book of the law at the Levites’ hands? But our disputation tendeth not to the confounding of the offices and duties of the magistrate and ministers of the church, as that we would have the king to preach, to baptize, and to minister the Lord’s supper; or the priest, on the other side, to sit in the judgment-seat, and give judgment against a murderer, or by pronouncing sentence to take up matters in strife. The church of Christ hath, and retaineth, several and distinguished offices; and God is the God of order, and not of confusion. Hereunto tendeth our discourse, by demonstration to prove to all men, that the magistrate of duty ought to have a care of religion, either in ruin to restore it, or in soundness to preserve it; and still to see that it proceed according to the rule of the word of God. For to that end was the law of God given into the king’s hands by the priests, that he should not be ignorant of God’s will touching matters ecclesiastical and political, by which law he had to govern the whole estate of all his realm. Josue, the captain of God’s people, is set before Eleazar indeed; but yet he hath authority to command the priests, and, being a politic governor, is joined as it were in one body with the ecclesiastical ministers. The politic magistrate is commanded to give ear to the ecclesiastical ruler, and the ecclesiastical minister must obey the politic governor in all things which the law commandeth. So then the magistrate is not made subject by God to the priests as to lords, but as to the ministers of the Lord: the subjection and duty which they owe is to the Lord himself and to his law, to which the priests themselves also ought to be obedient, as well as the princes. If the lips of the priest err from the truth, and speak not the word of God, there is no cause why any of the common sort, much less the prince, should either hearken unto, or in one tittle reverence the priest. The lips of the priest,” saith Malachi, “keep knowledge, and they seek the law at his mouth; because he is the messenger of the Lord of hosts.”” To refuse to hear such priests is to repel God himself. Such priests as these the godly princes of Israel did always aid and assist; false priests they did disgrade; those which neglected their offices they
[[ Numb. xxvii. 22; Deut. xvii. 18.] [5 officia distincta, Lat. ] [6 Mal. ii. 7.)]
rebuked sharply; and made decrees for the executing and right administering of every office.
Of Salomon we read, that he put Abiathar beside the have priesthood of the Lord! (that he might fulfil the word of the Lord, which he spake to Heli in Silo), and made Zadok priest viii. jn Abiathar’s stead. In the second book of Chronicles it is said: “And Salomon set the sorts of priests to their offices, as David his father had ordered them, and the Levites in their watches, for to praise and minister before the priests day by day, as their course did require?” In the same book again, Joiada? the priest doth indeed anoint Joas king; but, nevertheless, the king doth call the priest, and give him a commandment to gather money to repair the temple. Moreover, that religious and excellent prince, Ezechias, called the priests and Levites, and said unto them: “Be ye sanctified, and sanctify ye the house of the Lord our God, and suffer no uncleanness to remain in the sanctuary. My sons, be not slack now, because the Lord hath chosen you to minister unto himself 4” 5He did also appoint singers in the house of the Lord, and those that should play on musical instruments in the Lord’s temple. Furthermore, king Ezechias ordained sundry companies of priests and Levites, according to their sundry offices, every one according to his own ministery. What may be said of that too, that even he did divide to the priests their portions and stipends throughout the priesthood? The same king gave charge to all the people to keep holy the feast of passover, writing to them all such letters as priests are wont to write, to put them in mind of religion and hearty repentance. And after all this there is added: “And the king wrought that which was good, right, and just before the Lord his God” When princes therefore do order religion according to the word of God, they do the thing that pleaseth the Lord. This and the like is spoken again by? the godly prince Josias. Who therefore will hereafter say, that the care of religion belongeth unto bishops alone?
[11 Kings ii. 27.] [2 2 Chron. viii. 14.] [3 2 Chron. xxiv.] [ 2 Chron. xxix. 5, 11.] [6 Idem rex mox jubet sacerdotes sacrificare Domino, Lat.; omit-]
[ted. “The same king presently commandeth the priests to sacrifice to]
[the Lord.” P.] [8 2 Chron. xxxi. 20.] [7 by, i.e. concerning; de, Lat.] -]
The christian emperors, following the example of the ancient kings as of their fathers, did with great care provide for the state of true religion in the church of Christ. Arcadius and Honorius did determine that, so often as matters of religion were called in question, the bishops should be summoned to assemble a council. And before them again, the emperors Gratian, Valentinian, and Theodosius, established a law, wherein they declared to the world what faith and religion they would have all men to receive and retain, to wit, the faith and doctrine of St Peter: in which edict, also, they proclaimed all them to be heretics which thought or taught the contrary; allowing them alone to be called catholics, which did persevere in St Peter’s faith. By this we gather, that the proper office of the priests is to determine of religion by proofs out of the word of God, and that the prince’s duty is to aid the priests in advancement and defence of true religion. But if it happen at any time that the priests be slack in doing their duty, then is it the princes office by compulsion to enforce the priests to live orderly according to their profession, and to determine in religion according to the word of God. The emperor Justinian, in Novellis Constitut. 3, writing to Epiphanius, archbishop of Constantinople!?, saith: “We have, most reverend patriarch, assigned to your holiness the disposition of all things that are honest, seemly, and agreeable to the rule of holy scriptures, touching the appointing and ordering of sacred bishops and reverend clerks!.” And in the seventeenth constitution he saith: “We give charge and commandment, that no bishop have licence to sell or make away any immovables, whether it be in houses or
[8 Episcopos convenit agitare, Lat.—Impp. Arcad. et Honor. A. A.]
[Apollodoro Proc. Afric.—Quotiens de religione agitur, episcopos con-]
[venit judicare, &c.—Dat. 13 Kal. Septemb. Patavi. Theodoro. V. C.]
[Cons.—Cod. Theodos. de religione. Lib. xvi. Tit. 11. p. 527. Par.]
[1607.] [9 See above, page 35.] [19 regiee urbis archiepiscopum, Lat.] (11 Ἤδη μὲν κοινῷ τε kal ἡγεμονικῷ νόμῳ, πρός τε τὴν μακαριότητα τὴν]
[σὴν πρός τε τοὺς λοιποὺς ἁγιωτάτους πατριάρχας γεγραμμένῳ, τὰ περὶ τῆς]
[χειροτονίας τῶν εὐαγῶν ἐπισκόπων καὶ εὐλαβεστάτων κληρικῶν.. διετυ-]
[πώσαμεν ἅπερ ἡμῖν ἐδόκει καλῶς τε καὶ προσηκόντως ἔχειν, καὶ τῶν ἱερῶν]
[κανόνων alws.—Justin. Auth. Collat. 1. Tit. 3. Novell. 3. p. 18, Preefat.]
[Gotting. 1797.]]
lands, belonging to the churches!.” Again, in the fifty-seventh constitution, he forbiddeth to celebrate the holy mysteries in private houses?. He addeth the penalty, and saith: “For the houses, wherein it is done, shall be confiscate and sold for money, which shall be brought into the emperor’s exchequer?” In the sixty-seventh constitution, he chargeth all bishops not to be absent from their churches: but if they be absent, he willeth that they should receive no commodity or stipend of the provincial stewards, but that their revenue should be employed on the church’s necessities. In the hundred and twenty-third constitution, the lieutenants of every province are commanded to assemble a council for the use and defence of ecclesiastical laws, if the bishops be slack to look thereunto’. And immediately after he saith: “We do utterly forbid all bishops, prelates, and clerks, of what degree soever, to play at tables, to keep company with dice-players, to be lookers on upon gamesters, or to run to gaze upon may-games or pageants.” I do not allege all this as canonical scriptures, but as proofs to declare, that princes in the primitive church had power, official authority, and a usual custom, granted by God, (as Esay did prophesy,) and derived from the examples
[1 Ἡμεῖς οὖν. θεσπίζομεν. μήτε ἄλλον μηδένα πανταχοῦ μήτε]
[πατριάρχην μήτε ἐπίσκοπον. ἄδειαν ἔχειν ἐκποιεῖν πρᾶγμα ἀκίνητον ἐν]
[οἰκίαις ἢ ἐν dypois.—Justin. Auth. Collat. mm. Tit. 1. Novell. 7. cap. 1.] [2 Justin, Auth. Collat. v. Tit. 12. Novell. 58. p. 269.----περὶ τοῦ ἐν]
[ἰδιωτικοῖς οἴκοις ἱερὰν μυσταγωγίαν μὴ γίνεσθαι. ] (3. πρὸς τῷ καὶ τὴν οἰκίαν αὐτὴν τὴν ἐν ἧ τοιοῦτό τι πράττεται γί-]
[νεσθαι δημοσίαν, καὶ ὑπὸ τὸ ἱερώτατον ἔρχεσθαι rapeiov.—Ibid. p. 270.] [4 Κἀκεῖνό γε μὴν θεσπίζομεν, ὥστε κατὰ τὸν ἤδη παρ᾽ ἡμῶν φοιτήσαντα]
[νόμον τοὺς θεοφιλεστάτους ἐπισκόπους ταῖς ἑαυτῶν ἐκκλησίαις προσκαρτε-]
[ρεῖν. εἴπερ ἀπολειφθείη ὁ θεοφιλέστατος ἐπίσκοπος τῆς ἐκκλησίας τῆς]
[αὑτοῦ πλείονα χρόνον, μηδεμίαν αὐτῷ στέλλεσθαι δαπάνην ἐκ τῆς χώρας,]
[ἀλλ᾽ ἐκείνην μὲν περὶ πράξεις εὐσεβεῖς καὶ περὶ τὴν ἁγιωτάτην ἐκκλησίαν]
[δαπανᾶσθαι.----αδύϊη. Auth. Collat. v. Tit. 22. Novell. 67. cap. 8. p.]
[294 ] [5. προνοούντων τοῦ τοιούτου οὐ μόνον τῶν κατὰ τόπον ὁσιωτάτων]
[ἐπισκόπων καὶ τῶν ὑπ᾽ αὐτοὺς κληρικῶν, ἀλλὰ καὶ τῶν πολιτικῶν καὶ τῶν]
[στρατιωτικῶν ἀρχόντων, καὶ τῶν ὑπ᾽ αὐτοὺς τάξεων, καὶ τῶν κατὰ τόπον]
[ἐκδίκων”---- αϑύϊη. Auth. Collat. 1x. Tit. 6. Novell. 123. cap. 44. p. 512.] [6. ἀπαγορεύομεν δὲ τοῖς ὁσιωτάτοις ἐπισκόποις καὶ πρεσβυτέροις.]
[καὶ παντὶ ἄλλῳ οἱουδήποτε εὐαγοῦς τάγματος ἢ σχήματος καθεστῶτι ταβλί-]
[ζειν, ἢ τῶν τὰ τοιαῦτα παιζόντων κοινωνοὺς ἢ θεωρητὰς γίνεσθαι, ἢ εἰς]
[οἱανδήποτε θέαν τοῦ θεωρῆσαι χάριν mapayiveorbar.—Ibid. cap. 10. p. 496.]]
of ancient kings, to command bishops, and to determine of religion in the church of Christ.
As for them which object the church’s privilege, let them know, that it is not permitted to any prince, nor any mortal man, to grant privileges contrary to the express commandments and very truth of God’s word. St Paul affirmed that he had power given him to edify, but not to destroy”. I am the briefer, because I will not stand to prove that they are unworthy of indifferent privileges, which are not such as? priests and Christ his ministers should be, but are soldiers rather and wicked knaves, full of all kind of mischief. Among other things in the canon law, Distinct. 40, we find this written: “See to yourselves, brethren, how ye sit upon the seat: for the seat maketh not the priest, but the priest the seat: the place sanctifieth not the man, but the man the place. Every priest is not a holy man, but every holy man is a priest. He that sitteth well upon the seat, receiveth the honour of the seat: but he that sitteth ill upon the seat, doth injury unto the seat. Therefore an evil priest getteth blame by his priesthood, and not any dignity.” And thus much thus far touching this matter.
Since now that I have declared unto you, dearly beloved, that the care of religion doth belong to the magistrate too, and not to the bishops alone, and that the magistrate may make laws also in cases of religion; it is requisite, that I inquire what kind of laws those are that the magistrates may make in matters of religion. There is no cause why the king or magistrate should suppose, that power is given to him to make new laws touching God, the worship of God, or his holy mysteries; or to appoint a new kind of true justice
[7 2 Cor. xiii. 10.] [8 Alquis, Lat.] [9 non sunt hoc quod audiunt, Lat.; are not that which they are]
[called. [10 Videte ergo quomodo sedetis super cathedram: quia non cathe-]
[dra facit sacerdotem, sed sacerdos cathedram; non locus sanctificat]
[hominem, sed homo locum; non omnis sacerdos sanctus, sed omnis]
[sanctus sacerdos. Qui bene sederit super cathedram, honorem accipit]
[ab illa; qui male sederit, injuriam facit cathedre: ideoque malus]
[sacerdos de sacerdotio suo crimen acquirit, non dignitatem.—Corp.]
[Jur. Can. Decret. 1. Pars. Distinct. 40. xii. Joan. Chrysost. id est,]
[Autor. Op. Imperf. in Matt. Hom. 43. ad ο, 23. ed. Par. 1687. p. 54.]]
and goodness. For as every magistrate is ordained of God, and is God’s minister, so must he be ruled by God, and be obedient to God’s holy word and commandment, having evermore an eye unto that, and depending still upon that alone. The scripture, which is the word of God, doth abundantly enough set down all that which is proper to true religion: yea, the Lord doth flatly forbid to add to or take anything from his holy word. The magistrate therefore maketh no new laws touching God, and the honour to be given to God; but doth religiously receive and keep, doth put in ure and publish, those ancient laws in that kingdom which God hath allotted him unto. For hereunto appertaineth the giving of the book of God’s law unto the kings of Israell, that they might learn thereby the way to do the things which they of duty ought to see done. To Josue the Lord doth say: See that thou dost observe and do according to all the law that Moses my servant commanded thee: thou shalt not turn from it either to the right hand or to the left. Neither shall the book of this law depart out of thy mouth, but occupy thy mind therein day and night, that thou mayest observe and do according to all that is written therein, For then thou shalt make thy way prosperous, and then thou shalt do wiselyZ2.” Devout and holy princes therefore did do their faithful and diligent endeavour to cause the word of God to be preached to the people, to retain and preserve among the people the laws, ceremonies, and statutes of God; yea, they did their best to spread it to all men as far as they could, and, as time and place required, to apply it holily to the states and persons: on the other side, they were not slack to banish and drive away false doctrine, profane worshippings of God, and blasphemies of his name, but settled themselves utterly to overthrow and root it out for ever. In this sort (I say) godly magistrates did make and ordain devout laws for the maintenance of religion. In this sort they bore a godly and devout care for matters of religion. Schools. The cities which the Levites had to possess were of old their schools of Israel. Now Josue did appoint those cities for studies’ sake, and the cause of godliness. King Ezechias was no less careful for the sure payment and revenue of the
[1 See Deut. xvii. 18, 19; 2 Kings xi. 12.] [2 Josh. i. 7, 8.] [8 Josh. xxi.]]
ministers’ stipends than he was for the restoring and renewing of every office. For honour and advancement maketh learning to flourish, when need and necessity is driven to seek out sundry shifts: beggary setteth religion to sale, much more the invented lies of men’s own mouths. Josaphat sendeth senators and other officers with the priests and teachers through all his kingdom: for his desire was by all means possible to have God’s word preached with authority and certain majesty, and, being preached, to have it defended and put in ure to the bringing forth of good works. King Josias doth, together with idolatry and profane worshippings of God, destroy the false priests that were to be found, setting up in their steads the true teachers of God’s word, and restoring again sincere religion: even as also king Joas, having rebuked the Levites, did repair the decayed buildings of the holy temple’. I am not able to run through all the scriptures, and rehearse all the examples in them expressed: let the godly prince or magistrate learn by these few what and how he ought to determine touching laws for religion.
On the other side, Ahia, the Silonite, saith to Jeroboam: “Thus saith the Lord: Thou shalt reign according to all that thy soul desireth, and shalt be king over Israel. And if thou hearken unto all that I command thee, and wilt walk in my ways, and do that is right in my sight, that thou keep my statutes and my commandments, as David my servant did; then will I be with thee, and build thee a sure house8” But the wretch despised those large promises, and rejecting God’s word, his temple at Jerusalem, and his lawful worship, refusing also the Levites, he made him priests of the dregs and rascal sort of people; he built himself new temples, which he decked, nay, rather disgraced, with images and idols, ordaining and offering sacrifices not taught in God’s word, by that means inventing a certain new kind of worshipping God and a new manner of religion. And although Lis desire was to seem to be willing to worship God, yet is he by God condemned for a wicked man. Hearken, I pray, the sentence of the Lord, which he denounceth against him: “Thou hast done evil,” saith Ahia, as the Lord had taught him, “above all that were
[4 2 Chron. xxxi.] [6 2 Chron. xvii. 7—9.] [6 2 Kings xxiii. ] [7 2 Kings xii.] [8 1 Kings xi. 38.]]
before thee. For thou hast gone and made thee other gods and molten images, to provoke me, and hast cast me behind thy back. Therefore I will bring evil upon the house of Jeroboam, and will root out from Jeroboam even him that pisseth against the wall, and him that is in prison and forsaken in Israel, and will take away the remnant of the house of Jeroboam, as one carrieth away dung till all be gone.” And all these things were fulfilled according to the saying of the Lord, as the scripture witnesseth in these words: “When Baasa was king, he smote all the house of Jeroboam, and left nothing that breathed of that that was Jeroboam’s.” Rut the very same king, being nothing the better or wiser by another’s mishap and miserable example of his predecessor, sticketh not to continue to teach the people, to publish and defend the strange and foreign religion, contrary to the word of God, which Jeroboam had begun. But what followed thereupon? Forsooth, the Lord by the preaching of Hanani the prophet doth say unto him: Forasmuch as I exalted thee out of the dust, and made thee prince over my people Israel, and thou hast walked in the way of Jeroboam, and hast made my people Israel to sin, to anger me with their sins; behold, I will root out the posterity of Baasa, and the posterity of his house, and will make thy house like the house of Jeroboam.” Which was performed (as the scripture saith) by Simri, captain of the host of Israel: for he destroyed king Hela, the son of Baasa, when he was drunken, and all his posterity!. Amri succeeded in the kingdom, who was the father of Achab, that mischievous cut-throat, whom the Syrians slew in fighting a battle?. After him reigned his sons Ochosias and Joram. But when they left the religion taught in the word of God to follow the new tradition of king Jeroboam, and had thereunto added the worshipping of the shameful idol Baal, they were utterly (at last) destroyed by the means of Jehu, a very just, although a rigorous prince. The offspring of Amri reigned about the space of forty years, not without the shedding of much innocent blood; but it was at last destroyed, when the measure of iniquity was fulfilled, and was utterly plucked up at the roots by the just judgment of Almighty God.
[1 1 Kings xiv. 9, 10; xv. 29; xvi. 2, 3, 9—13.] 2 1 Kings xxii. 34.] [3 2 Kings ix. and x.] [ The reigns of Ahab, Ahaziah, and Jehoram take up 37 years.]]
Let all princes and magistrates therefore learn by these wonderful and terrible examples to take heed to themselves how they devise any new religion, or alter the lawful and ancient manner of worshipping, which God himself hath ordained already. Our faithful Lord is our good God, who hath fully, simply, and absolutely set down in his word his true religion and lawful kind of worship, which he hath taught all men to keep alone and for evermore: let all men therefore cleave fast unto it, and let them die in defence thereof, that mean to live eternally. They are punished from above, whosoever do add to, or take away anything from, the religion and kind of worship first ordained and appointed of God. Mark this, ye great men and princes of authority. For the keeping or not keeping of true religion is the root from whence abundant fruit of felicity, or else utter unhappiness, doth spring and bud out. He therefore that hath ears to hear, let him hear. Let no man suffer himself to be seduced and carried away with any coloured intent, how goodly to the eye soever it be, which is indeed a mere vanity and detestable iniquity. To God obedience is much more acceptable than sacrifices are. Neither do the decrees of the Highest need any whit at all our fond additions.
Here followeth now the second part of the magistrates’ ordinance, which consisteth in making good laws for the preservation of honesty, justice, and public peace; which is likewise accomplished in good and upright laws, But some there are who think it mere tyranny to lay laws on free men’s backs, as it were a yoke upon necks not used to labour; supposing that every one ought rather to be left to his own will and discretion. The apostle indeed did say, “The law is not given for the just, but for the unjust:” but the cause, why the law is not given to the just, is because he is just; for the just worketh justice, and doth of his own accord the thing which the law exacteth of every mortal man. Wherefore the law is not troublesome to the just man, because it is agreeable to the mind and thoughts of upright livers, who do embrace it with all their hearts. But the unjust desireth nothing more than to live as he lusteth: he is not conformable in any point to the law, and therefore must he by the law be kept under,
[[> emblematis, 1 at.] [6 1 Tim. i. 9.] [BULLINGER.] 33]
and bridled from marring himself and hurting other. So then, since to good men the laws are no troublesome burden but an acceptable pleasure, which are also necessary for the unjust, as ordained for the bridling of lawless and unruly people; it followeth consequently, that they are good and profitable for all men, and not to be rejected of any man. What may be said of that, moreover, that God himself, who did foresee the disposition of us men, what we would be, and hath still favoured the true liberty which he desired always to have preserved among his people, as one that ever meant them good, and never did ordain the thing that should turn to their hinderance or discommodity; that God himself (I say) was their lawgiver, and hath not suffered any age at any time to live as people without a law? Yea too, those commonweals have been happy always, that have admitted laws, and submitted themselves to be governed by laws; when as, contrarily, those kingdoms have of all other been most miserable, and torn in pieces by civil dissensions and foreign enemies, which, having banished upright laws, did strive to maintain their own kind of freedom, their uncontrolled dealing and licentious liberty, that is, their beastly lust and uncivil rudeness. Good laws therefore are for the health and preservation of the people, and necessary for the peace and safeguard of commonweals and kingdoms.
Wherefore it is a wonder to see the folly of some Christians, since the very heathens have given so honest report of laws and lawgivers. They took their lawgivers for gods, confessing thereby that good laws are the gift of God. But the gift of God cannot be superfluous and unprofitable. Plutarch called laws the life of cities?. Demosthenes did expressly confess that laws are the gifts of God3. Cicero named laws the bonds of the city (because without laws it is loosed and dispersed), the foundation of liberty, and the well-spring of justice and perfect honesty4. For laws undoubtedly are the
[[} ΑΘ. Θεὸς ἤ τις ἀνθρώπων ὑμῖν, ὦ ξένοι, εἴληφε τὴν αἰτίαν τῆς τῶν]
[νόμων διαθέσεως; ΚΛ. Θεὸς, ὦ ξένε, θεὸς, ὡς γε τὸ δικαιότατον εἰπεῖν.---]
[Plato de Legib. Lib. 1. in init. ] [2 Εἴπερ οὖν οἱ νόμους καὶ πολιτείας ἀναιροῦντες Tov βίον ἀναιροῦσι Tov]
[ἀνθρώπινον, &c.—Plutarch. adv. Colot. in fin.] [3 Has ἐστὶ νόμος εὕρημα μὲν kai δῶρον Bedv.—Demosth. Orat. adv.]
[Aristog.] [2 Hoc enim vinculum est hujus dignitatis, qua fruimur in repub-]
strongest sinews of the commonweal, and life of the magistrates: so that neither the magistrates can without the laws conveniently live and rule the weal public, nor the laws without the magistrates shew forth their strength and lively force. The magistrate therefore is the living law, and the law is the dumb magistrate. By executing and applying the law, the law is made to live and speak: which those princes do not consider that are wont to say, Wir sind das recht, “We are the right, we are the law.” For they suppose that they at their pleasure may command what they list, and that all men by and by must take it for law. But that kind of ruling, without all doubt, is extreme tyranny. The saying of the poet is very well known, which representeth the very words of a tyrant:
I say, and it shall be so; My lust shall be the law
The prince, indeed, is the living law, if his mind obey the written laws, and square not from the law of nature. Power and authority, therefore, is subject unto laws; for unless the prince in his heart agree with the law, in his breast do write the law, and in his words and deeds express the law, he is not worthy to be called a good man, much less a prince. Again, a good prince and magistrate hath power over the law, and is master of the laws, not that they may turn, put out, undo, make and unmake, them as they list at their pleasure; but because he may put them in practice among the people, apply them to the necessity of the state, and attemper their interpretation to the meaning of the maker.
They therefore are deceived as far as heaven is wide, which think for a few privileges, of emperors and kings granted to the magistrate to add, diminish, or change some point of the law, that therefore they may utterly abolish good laws, and live against all law and seemliness. For, as no
[lica; hoc fundamentum libertatis; hic fons aequitatis: mens, et]
[animus, et consilium, et senteutia civitatis posita est in legibus.—Cic.]
[Orat. pro A. Cluent.] [5 Referring to that saying of Cicero’s, (de Legg. Lib. 111. cap. 1.)]
[Magistratum legem esse loquentem, legem autem mutum magistratum.] [6 Hoc volo, sic jubeo; sit pro ratione voluntas.—Juv. Sat. vI.]
[223.—P.] 222]
emperors or kings are permitted to grant any privileges contrary to justice, goodness, and honesty; so, if they do grant any such privilege, it ought not to be received or taken of good subjects for a good turn or benefit, but to be counted rather (as it is indeed) their utter destruction and clean overthrow. Among all men, at all times and of all ages, the meaning and substance of the laws touching honesty, justice, and public peace, is kept inviolable: if change be made, it is in circumstances, and the law is interpreted as the case requireth, according to justice and a good end. The law saith, “Let no man kill another: let him that killeth another be killed himself.” That law remaineth for ever unchangeable, neither is it lawful for any man at any time to put it out or wipe it away. And yet the rigour of the law may be diminished, and the law itself favourably interpreted: as, for example, if a man kill one whom he loveth entirely well, and kill him by chance, and not of set purpose or pretended malice, so that, when he hath done, he is sorry for it at the very heart, and would (if it were possible) buy his life again with whatsoever he hath to give for it; in such a case the killer ought not to be killed, and therein the magistrate may dispense with the rigour of the law. Another beareth a deadly and continual grudge! to one, whom he killeth, and goeth about to colour the matter under the pretence of hap and misfortune: for he sought occasion, that he might for himself have a shew of chance-medley2? In such a case as this the magistrate cannot change any jot of the law, but must needs kill him whom the meaning of the law commandeth to kill. I could allege more examples like unto these; but my care is, of purpose, so much as I may, not to be too tedious unto you with too long a discourse. By this that I have spoken it is apparently evident, that laws are good and not to be broken, and how far forth they do admit the prince’s ἐπιείκειαν, that is, the prince’s moderation, interpretation, limitation, or dispensation, lest per-
[1 Vatiniano odio, Lat. Vatinius, in quem acerrime M. Tullius]
[invectus est, in tantum odium populi Romani pervenerat, jam detectis]
[illius flagitiis, ut in proverbinm cesserit, Odium Vatinianum.—Erasm.]
[Adag. Chiliad. Hanov. 1617. p. 551. Odium.] [2 casus fortuiti, Lat.] [3 cf. Aristot. Ethic. Lib. v. cap. 10.]]
adventure that old and accustomed proverb be rightly applied unto them, “Law with extremity is extreme injury”
Hitherto I have declared that laws are good, profitable, necessary, and not to be broken: it remaineth now to tell what and what kind of laws the magistrate ought most chiefly to use for the ordering and maintaining of honesty, justice, and public peace, according to his office. Some there are whose opinion is, that the magistrate ought not to use any written laws, but that he should rather give sentence as he thought best according to natural equity, as the circumstances of place, time, persons, and cases do seem to require. Other some there are that do their endeavour to thrust into all kingdoms and commonweals the judicial laws of Moses. And some there are which, having once rejected the law of Moses, will have no judgment given in law, but what is derived out of the laws of heathen princes. But since they that have the pre-eminence and magistrate’s authority are men either good or bad; and since that, even in the best men, covetousness, anger, hatred, favour, grief, fear, and other affections, are rife to be found; to whom, I pray you, have they committed the commonweal, which, rejecting all written statutes and certain laws, would have every man that is a” magistrate to give judgment as he himself thinketh best? Have they not committed their commonweal to the rule of a beast? But what shall I say then of evil men that are in authority, since in the best men things are so amiss? As good were a kingdom subject to the furies of hell, as bound to the judgments of naughty men. But we will (say they) have them give judgment according to the equity of nature’s law, and not after the lust of their corrupt affection. Mine answer is to that; that they will give judgment as affection leadeth them without controlment, and say that they judged by natural equity. They cannot, they will say, judge otherwise, nor otherwise understand the pith of the matter. They think that best which they have determined, and nothing is done contrary to conscience; and thou for thy labour shalt be called Coram nobis
[[ Summum jus summa injuria, Lat.—Erasm. Adag. Chiliad.]
[p. 619. Rigor.) [5 te in jus vocabunt, Lat. The colloquial phrase of the translator]
[occurs in Latimer’s Works, Parker Soc. ed. Vol. 11. p. 348, and com-]
[monly in Foxe: see Acts and Monuments, Vol. v. pp. 291, 537. ed. 1838.]]
for daring find fault with their sentence in judgment. And so shall the just man perish, barbarous affections shall have the upper hand, and naughty men rule all the roost. Yea, and admit we grant all men are good that are called to be magistrates; yet diversity of opinions, that will rise in giving of judgment, will stir up among them endless brawls and continual troubles. If all things therefore be well considered, the best way by a great deal is to put written laws in ure.
Let us learn this by the example of our eternal, wise, excellent, and mighty God, who gave to the Jews, his peculiar people, such laws as at his commandment were set down in writing. The magistrate hath otherwise business enough to judge, that is, to apply and confer the causes with the laws; to see how far and wherein they agree or disagree; and to judge who hath offended against the law, and who have not transgressed the law. of Now it is to be marked, that in Moses’ judicial law there are many things proper and peculiar to the Jewish pation, and so ordained, according to the state of the place, time, and persons, that, if we should go about to thrust on and apply them all to other nations, we should seem to shew ourselves more than half mad. And to what end should we bring back and set up again among the people of God! the offscourings of the heathen that were cast out a great while ago? The apostles of our Lord Jesus Christ did bind or burden no man with the laws of Moses; they never condemned good laws of the heathens, nor commended to any man naughty laws of the Gentiles; but left the laws, with the use and free choice of them, for the saints to use as they thought good. But therewithal they ceased not most diligently to beat into all men’s heads the fear of God, faith, charity, justice, and temperance; because they knew that they, in whose hearts those virtues were settled, can either easily make good laws themselves, or pick and choose out the best of those which other men make. For it maketh no matter whether the magistrate pick out of Moses’ Jewish laws, or out of the allowable laws of the heathen, sufficient laws for him and his countrymen, or else do keep still the old and accustomed laws which have before been used in his country, so that he have an eye to cut off such wicked, unjust, and lawless laws, as are found to be thrust in among the better sort. For I suppose that
in forum populi Dei, Lat.]
upright magistrates ought to take off curiosity and new invented novelties. “Seldom,” saith the proverb, “is the crow’s eye picked out without troublesome stirs!:” and curious men’s new laws are for the most part worse than the old, that are broken by them and utterly abolished.
Furthermore, all laws are given for ordering of religion or outward worship of God, or else for the outward conversation of life and civil behaviour. Touching the laws of religion, I have spoken of them before. For civil and politic laws, I add thus much, and say, that those seem to be the best laws, which, according to the circumstance of every place, person, state, and time, do come nearest unto the precepts of the ten commandments and the rule of charity, not having in them any spot of iniquity, licentious liberty, or shameless dishonesty. Let them, moreover, be brief and short, not stretched out beyond measure, and wrapped in with many expositions: let them have a full respect to the matter whereto they are directed, and not be frivolous and of no effect.
Now mark, that politic laws do for the most part consist in three especial and principal points—honesty, justice, and peace. Let laws therefore tend to this end, that discipline and honesty may be planted and maintained in the commonweal, and that no unseemly, licentious, and filthy act be therein committed. Let law forbid all uncleanness, wantonness, lightness, sensuality, and riotousness, in apparel, in building, in bibbing and banquetting. Let wedlock be commanded by law to be kept holy. Let stews and brothel-houses be banished the realm. Let adulteries, whoredoms, rapes, and incests, be put to exile. Let moderate feastings be allowed and admitted. Let thriftiness be used, which is the greatest revenue that a man can enjoy? Briefly, whatsoever is contrary to honesty and seemliness, let it by law be driven out and rejected.
Let justice by laws be strongly fortified. Let it by laws be provided, that neither citizen nor foreigner be hurt or hindered in fame, in goods, in body, or life3. Let upright laws be made
[[! Undecunque fluxerit, perinde valere videtur, Cornicum oculos]
[configere, quasi dicas, novo quodam invento veterum eruditionem ob-]
[scurare.—Erasm. Adag. Chiliad. p. 504. Mira nova.) [2 See above, page 297, note 8.] [3 Leedens alium violenter vel insidiose puniatur secundum leges,]
[Lat.; omitted by the translator. Whoever injures another by violence]
[or treacherously, let him be punished according to law.]]
for the obtaining of legacies and inheritances, for the performing of contracts and bargains, for covenants and agreements, for suretiships, for buying and selling, for weights and measures, for leases and things let to hire, for lending and borrowing, for pawns in mortgage, for use, commodity, and usury of money. Let order be taken for maintenance of peace between the father and his children, betwixt man and wife, betwixt the master and the servant; and, to be short, that every man may have his own. For my meaning is not here to reckon up particularly every several point and tittle of the law.
Lastly, means must be made by giving of laws, that peace may be established, whereby every man may enjoy his own. All violent robberies and injuries must be expelled; privy grudges and close conspiracies must not be thought of. And war must be quieted by wisdom, or else undertaken and finished with manly fortitude.
But, that we may have such a magistrate and such a life, the apostle commanded us earnestly to pray, where he saith: “I exhort you that, first of all, prayers, supplications, intercessions, and giving of thanks, be made for all men; for kings and for all that are in authority, that we may live a quiet and peaceable life in all godliness and honesty.”
I am now again compelled to end my Sermon before the matter be finished. That which remaineth I will add tomorrow. Make ye your earnest prayers, with your minds lift up into heaven, ἅτ.
[[2.4 Tim. 3.1, 2.)]
Of Judgment, and the Office of Tie Judge; That Christians Are Not Forbidden to Judge: Of
Revengement and Punishment: Whether
It Be Lawful for a Magistrate to Kill the Guilty: Wherefore, When, How, and What the Magistrate Must Punish: Whether He May Punish Offenders in Religion or No. The Eighth Sermon
← 18. Decade 2, Sermon 6 · Contents · 20. Decade 2, Sermon 8 →