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11. The eleuenth Chapter. Of a good intent, zeale, prescription, and

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The eleuenth Chapter. Of a good intent, zeale, prescription, and custome; all which the superstitious sort are woont to alledge against the word.

AS touching the signification of the word intent, 1 it signifieth a motion of the mind, whereby we indeuour vnto an end by som meanes; as if a man indeuour by liberall expense or by flatterie to attaine vnto some honors: for such is the nature of things, that manie of them are so knit togither betwéene themselues, that by one there is a step vnto an other. For by medicines and potions we come to health; by studies, reading, and maisters, vnto wisedome. Wherefore intent is an act of the will; for the propertie thereof is to mooue and stirre vp the mind. And séeing the will perceiueth not the thing that it desireth, before it haue a knowledge therof; it dooth neither mooue nor force the mind before knowledge, which reigneth in the power of intelligence or vnderstanding. The same perceiueth both the end, and those things which further thervnto, and presenteth them to the will. Therfore, intent, stirreth vp vnto an end, as vnto a marke, by those things which are directed vnto it. Let this be the definition thereof. 2 It is a will tending vnto an end by some meanes; and will, which is the generall word thereof, is an act of the power that willeth. The difference is taken of the obiect, that is, of the end, and of those things which are ordeined vnto it. 3 As in the historie of Iudges, Gedeons intent was a motion of his will, to kéepe in remembrance, by an ephod which he had made, the victorie which he obtained. Therefore in his will he comprehended both togither, as well the end as the meane.

4 Intent is diuided, into a good intent, and an ill intent: and to a good intent this is chéeflie required, that the end it selfe should be a iust and good thing: yet is not this sufficient. For if one should steale, to the intent he would giue almes, he doubtles should purpose a good thing: but bicause the meanes is naught, therefore the intent cannot be accounted good: but if the end be both vnlawfull and euill, then shall also the intent be euill. Wherefore that the intent may be good, it behooueth both the end and the meanes to be honest and iust. Howbeit, certeine things are of their owne nature so euill, as we can neuer vse them rightlie. Such are theft, periurie, adulterie, and other like; so that the apostles rule must alwaies be firme; 5 that We must neuer doo euill, to the intent that good may come thereof. Wherfore an intent is euill two maner of waies; to wit, either by the naughtines of the end, or else of the meanes. But the intent can neuer be good, vnles both the end, and the means be good. Thus far the philosophers & schoole-diuines agrée with vs. Now let vs sée how they differ from vs.

2 The philosophers thinke, that the rightnes of the end and meanes, dependeth of mans reason, or naturall vnderstanding; as though that should suffice, to knowe the difference betwéene things iust and vniust. But this we denie, and in anie wise require faith, and the word of God, as sure rules: 6 which Augustine in manie places testifieth, and especiallie in his treatise vpon the 31. psalme, where he saith; Account not thy works good before faith, which (me thinketh) are nothing else, 7 but great strength and hastie spéed out of the waie: and he which maketh such haste, runneth headlong into destruction. Wherefore a good intent maketh a good action, but faith directeth that intent; so that when we purpose anie worke, we must take héed that our hart haue regard vnto faith, whereby it may direct his indeuors. 8 The schoole-diuines will easilie grant, that faith gouerneth the intent, and maketh it good. But we differ from them in thrée respects; first, bicause we affirme that faith dependeth onlie of the word of God: 9 but they will haue it depend both vpon the fathers and councels, which may in no wise be granted them; forsomuch as faith must be constant, & altogither void of error: which two things are not found in the fathers and councels, for they speake one contrarie vnto another. Fathers doo verie oftentimes differ from fathers, and councels from councels. And few are the fathers, yea almost none, which haue not sometimes erred, and that in most weightie matters. And verie manie of the councels haue néed of correction. Dooth not the holie scripture in expresse words testifie, 10 that All men are liers. The second thing, wherein we cannot assent vnto the Schoolemen is, bicause they affirme, that by a good intent our works are made meritorious, yea and that of eternall life. 11 But how contrarie this is vnto truth, the nature of merit may teach; of the which I mind not at this present to intreate. Thirdlie, we disagrée from the Schoolemen, in that they affirme, that the worke is made good (as they speake) by an habituall good intent; that is to saie, 12 doone without anie good motion of the hart. They feigne that our actions, such as be praiers, reading of psalmes, and giuing of almes, doo please God, although indéed we thinke nothing vpon God at all: and they suppose that this habituall intent, which they place in him, is sufficient enough. So that if thou shalt aske of him that worketh, why he dooth so, he may be readie to answere, that he dooth them to the glorie of God: especiallie, when in the dooing, he hath not a contrarie mind, or will repugnant. But this doubtles we may not grant them, séeing that in this carelesnes, wherby we in working thinke not of God, nor of his glorie, the commandement of God is broken, 13 which commandeth vs to loue God with all our hart, with all our mind, & with all our strength. Wherefore we counsell rather, that this bée acknowledged a sinne, than to be accounted a good worke.

3 But bicause they perceiued, that their saiengs are not without absurditie, they added; So that in the beginning of the worke it selfe, there be some thinking of God, and of his glorie, in such sort, that the thing purposed be directed vnto him. But no man doubteth, that it is néedfull to haue a good beginning of those things, which we doo. But afterward, if faith accompanie not those things, which we haue well begun; and we, while we are working, doo not respect God and his glorie, we shall run headlong into sinne; which ought not to haue béene dissembled. Further, if we should worke, as we ought to doo, and as the lawe requireth, yet should We still (as Christ saith) be vnprofitable seruants: so far off is it, 14 that we should attribute vnto our selues anie merits. Wherefore, while we giue ouer to thinke vpon the honour and glorie of God, we fall, neither are such fals to be dissembled; but we must rather craue pardon for them, séeing in their owne nature they be sinnes, although bicause of Christ they are not imputed as deadlie vnto the beléeuers. And so let a good intent be ioined vnto our works, 15 but yet such as is adorned with faith, and let vs performe the same, not in habit, but in act.

Wherefore the Lord in the gospell of Matthew the sixt chapter, saith; The light of thy bodie is thine eie, and if thine eie be single, all thy bodie shall be light: but if the light that is in thee become darkenes, how great shall the darkenes then be? These things doth Augustine in his second booke of questions vpon the gospels, quest. 15. and against Iulian in the fourth booke, the 20. chapter, iudge to be vnderstood of a good intent. And in like manner writeth he in his tenth Tome, the second sermon, where hée treateth vpon this place; 16 Let vs not doo righteousnes before men, to the intent we may be seene of them. The intent (saith he) must alwaies be had vnto the glorie of God, but the desire to haue it knowne vnto men, must be laid apart, sauing so far as it may appéere to appertaine to Gods honor. And thither tendeth that which was said of Christ; 17 that A good tree cannot bring foorth euill fruit, nor an euill tree good fruit, for the trée betokeneth the intent. So as those things being true, which we haue said, the act of Gedeon done of a good intent, séeing faith did not gouerne the same, can not be excused.

18 4 But now, to declare what is zeale, let vs first consider the etymologie therof. The word ⟨…⟩ that is, zeale, is a Gréeke word, deriued ⟨…⟩, which signifieth To loue, but yet veheme~tlie, so that after loue, followeth admiration; & after admiration, imitation, and a gréefe; if wée may not enioie the thing we loue, or else if others be admitted into our companie: and this is the proper signification of the word. Wherefore we may thus define it, 19 Zeale is an affection, which abideth in that part of the mind, which lusteth or desireth, after which, by reason of the vehemencie, there followeth sorrowe, as well bicause of the concurrence of other things, as for want of the thing that it desireth. But the nature of zeale is not of one sort. 20 For there is one zeale that is good, and another that is bad. Of the good Paule spake, when he said; I am zealous ouer you with a godly zealousie, for I haue betrothed you to one man, to present you a chast virgin to Christ. And in the first to the Corinths; Desire you then the best gifts. Yea, and God himselfe, as the scripture often teacheth, hath a most perfect zeale towards vs, although affections cannot properlie be attributed vnto him. But of naughtie zeale, Paule vnto the Galathians thus speaketh; 21 The false apostles are zealous ouer them, that they may glorie in their flesh, and to leade them from Christ vnto the bondage of the lawe: and in manie other places there is mention made of it.

But the cause why this zeale either good or bad doth come, may thus be assigned: the manner is alike in this affection, as it is in others. 22 Wherefore, euen as boldnes, lust, and anger be either good or bad, according as they kéepe or excéed the bounds prescribed by wisedome, so doth it come to passe in zeale. But it must be vnderstood, that according to morall doctrine, prudence commeth by naturall vse or discipline. But the same in verie déed, as it hath respect in this place, can not be gathered but out of the holie scriptures, through the inspiration of the holy Ghost. Wherfore it shall then be good zeale, when through faith it is brideled by a iust and godlie knowledge; and it is euill, if it be not restrained by such a knowledge: euen as a ship, 23 when the maister is present, is preserued; but he being absent, it sinketh. Therfore Paule vnto the Romans spake verie wiselie, 24 for when as he condemned the zeale of the Iewes, he declared the same to be void of knowledge, and by one word noted that to be a vice, yea verelie and a dangerous vice, which otherwise might haue bin an excellent vertue.

And as there is a great difference betwéene good and euill zeale, 25 so the effects which procéed from the one and the other, are of excéeding great diuersitie. With a good zeale was Christ kindled, when he purged the temple of biers and sellers, by ouerthrowing their tables and chaires. With the same zeale Phinees being led, he thrust them both through the bodies, 26 which committed most shamefull whoredome. On the other part, what effects procéed of a naughtie zeale, we may perceiue by Paule, 27 who for zeales sake persecuted the church of Christ. And in Iohn it is written; 28 The time will come, when they shall thinke they doo God good seruice, which afflict the faithfull people of Christ. Also, Peter kindled with an immoderate zeale, 29 drue out his sword to strike those which laid hands vpon Christ. There is yet another difference betwéene the zeales, for euill zeale bréedeth hatred; but good zeale doth most of all ioine with charitie. For although Samuel woorshipped God with verie great zeale, 30 yet he moorned too long a time for Saule. And there is nothing more an enimie vnto naughtie zeale, than is charitie; euen as selfe-loue is chiefelie repugnant vnto a good zeale. They also are contrariwise affected, which either be so blockish, as they bée not stirred vp with anie indeuour of good things, or else so corrupt, as they feare not to boast of their sinnes and wickednes.

5 Wherefore the Nicodemits of our time are to be woondred at, 31 which obiect the historie of Elizeus and of Naaman the Syrian, to prooue that it is lawfull for them, so that they thinke well in their heart, to be present at vngodlie superstitions. For Naaman the Syrian, although he were newly conuerted, yet he vnderstood that to be sinne: and for that he had not as yet profited so well as to depart from his commodities, he desired of the prophet that he would praie for him: 32 which declareth that he iudged such a sinne to haue néed of pardon. Wherefore we conclude, that that zeale of the Iewes, whereof the apostle giueth a testimonie, was in verie déed sin. And although it haue a shew of vertue, yet is it far from it. For as it is plaine by morall philosophie, 33 that vertues & vices are one and the same, as touching the things whereabout they be occupied, but in forme doo much differ: as fortitude and feare, temperance and intemperance, iustice and iniustice. For one and the selfe-same affects, when they are by right reason bridled to a mediocritie, and when through vice they either want or excéed, differ not in matter, although the habits or qualities which are occupied about them, are much differing. And that which the philosophers speake of vertues, and of vpright reason, we ought also to transfer vnto the holie Ghost, and faith giuen vnto the scriptures.

And although in a good and euill zeale the affect be one & the same; yet is the difference most great, when it is gouerned by true knowledge and faith, and when it is gouerned of it selfe, and wanteth true knowledge. 34 As the water of the sea, and raine water, although they agrée togither in matter of moisture; yet are they sundred by very manie properties and differences. These things haue I therefore alleadged, 35 to confute those, which oftentimes defend wicked acts; for that they are doone of a good mind and purpose, or (as they saie) intent: as though euerie zeale were sufficient to make the worke good. Whose opinion (if it were true) might easilie excuse the Iewes, in that they killed Christ, & afflicted his apostles. For they beléeued, that by these meanes they defended the lawes of God, and ceremonies of their fathers. But the apostle saith otherwise, when he attributeth vnto them a zeale, but yet a zeale ioined with error.

But when error lighteth in matters of faith, it is deadlie sinne. 36 Wherefore let them well aduise themselues what to saie, which so stoutlie defend works preparatorie. Doubtlesse their meaning is nothing else, but that men, although before iustification they absolutely worke not good works; yet by reason of a certeine vpright purpose and zeale of congruitie, they deserue grace. Such works, forsomuch as they want true knowledge, which is faith, it followeth, that they be such a zeale as the apostle speaketh of. We denie not, but that God sometimes vseth such our wicked works, to bring vs at length by them to iustification: but that we our selues through them doo deserue iustification, it is far from the truth. 37 Naie rather, it oftentimes commeth to passe, that such works are a great let to saluation. For the philosophers and Phariseis being dronken and glutted with those goodlie works, were ouermuch puffed vp; and for that they were maruelouslie delited in themselues, they setled themselues in those works; neither indeuored they to ascend vnto the true degrées of righteousnes. Wherfore we are admonished by the doctrine of Paule, that we should not straitwaie giue place vnto zeale. 38 We must first trie and diligentlie examine it: for oftentimes vnder the goodlie shew thereof, lieth hidden verie great impietie; as it is manifest in the Iewes, which slue Christ, and persecuted the apostles.

6 The Apostle giueth a rule, 39 whereby we may be able to trie and examine our zeale, and that rule is this; to sée whether we will be subiect vnto God, whether we can abide that all things should be attributed vnto God, and claime nothing vnto our selues, as the true knowledge of God requireth. There be a great manie in our daies, which as it were by a certaine zeale, labour to defend woorshipping of images, pilgrimages, and other such superstitious acts; vnto whome, if a man manifestlie declare, that those things are repugnant to the word of God, they will not be subiect vnto it, but straitwaie flie to the custome of their elders, and to the helps of humane traditions. There be some also, which are mooued with a zeale to defend sole life of the ministers of the church: vnto whom if a man doo shew, that the bed of matrimonie ought to be vndefiled in all men, 40 as it is said vnto the Hebrues (and it is written to the Corinthians; It is better to marrie than to burne; They which cannot liue continent, let them marrie; Let euerie man haue his owne wife, and euerie wife hir owne husband, to auoid fornication ) they will not be subiect to this knowledge of the lawes of God, but doo bring foorth the fathers, councels, and humane inuentions. Whereby is plaine, what we are to iudge of this zeale of theirs. Doubtlesse, it is a verie euill zeale, and onlie leaneth vnto selfeloue, and giueth it selfe vnto his owne things, and nothing regardeth the things that pertaine vnto God. Such are the Monks, which preferre their institutions, rules, and works before all other things which are commonlie doone of christians, and much delight in contemning all others, in respect of themselues.

With this blind zeale are the miserable people euerie-where infected, whom the pastors and preachers ought to succour and helpe, in discouering their want of knowledge, & setting before them the true knowledge of the scriptures, and that of a singular affection, & true christian mercie, wherewith they ought throughlie to be touched in so great dissipation of churches, which of no man can be sufficientlie lamented. It were néedfull to haue Ieremie to bewaile the calamities of the church. And from this mercie we should go forward vnto praiers, 41 as Paule saith he did: and in imploring the aid of God, we ought to record before GOD, that which Paule hath written; They haue zeale, but not according to knowledge. The verie which thing our Sauiour did vpon the crosse, when he praied; Father forgiue them, for they knowe not what they doo. Further, séeing we delight in the good morall works of men not yet regenerate, and are sorie that they are not doone as they ought to be doon, we may thus gather: If these men displease God, and are condemned, which yet of a good intent (as they speake) doo these so honest things, when yet notwithstanding they be void of true knowledge; what shall at the length become of vs, which being indued with knowledge, liue shamefullie; yea euen against our owne conscience? They can pretend a zeale, but we wretches, what excuse shall we make, séeing we professe the gospell?

42 Howbeit this must not be ouerpassed, that the Iewes, of whom the apostle speaketh, had not, if we shall speake properlie, the zeale of God. For there hath not béene at anie time, nor euer shall be, anie true God, which will haue the lawe of Moses to be defended against Christ and his gospell. Wherefore they abused the name of God, when as they defended not him, but rather their owne opinions. 43 As the Turks also, although they boast that they worship and call vpon the true God; yet they lie. For there is no where such a God, which hath not one Lord Iesus Christ, and the holie Ghost, of one and the same substance with him: which, forsomuch as they take awaie from the God, whom they worship, they worship their owne inuention for God, and doo fight, and are zealous for it, and not for the true God. 44 But Paule spake according to the accustomed maner of the scriptures, which oftentimes name things, not as they are, but as they séeme to be. Séeing therefore that those thought that they were mooued with the zeale of the true God, and that they did not for anie other cause enter into these zeales, but for that they thought them to be acceptable vnto God; therfore Paule saith, that they had the zeale of GOD, when yet they were deceiued. For if they had béene kindeled with the zeale of the true God, they would neuer haue resisted Christ. Wherfore in Iohn the Lord said excellentlie well vnto those, which boasted that they would beléeue Moses, and not him; If ye beleeued Moses, 45 ye would beleeue me also, for he wrote of me. Wherefore Chrysostome hath wiselie noted, that Paule gratified the Iewes, but yet in words onelie.

Of Prescription and Custome.

7 We gather out of the historie of the Iudges, that the right of prescription is no new thing, 46 but hath béene planted in the harts of men by GOD himselfe: and for what cause it was found out, I will declare in few words. 47 It may be, that a man vnwittinglie possesseth the goods of another man: as for example. There is an heire, which succéedeth him that is dead, & among his goods hée findeth some things, that were wrongfullie held of him, or kept in pawne, while he liued; which he not knowing of, possesseth all those things with a safe conscience: and thus ignorantlie & vnwittinglie he holdeth other mens goods in stead of his owne. What then? Shall the heire neuer séeke the iust possession thereof? If the right owner neuer make claime to his own, ought the ignorant to defraud the heire for euer, that he should neuer possesse it againe as his owne? Doubtles, if the owner doo neuer demand againe that thing, it must be ascribed to his owne slouth, sluggishnes, and negligence. Wherefore in detestation of such slouthfulnes, in the fauour of good dealing, and lastlie for publike quietnes sake, the lawe of prescription hath béen deuised. This lawe did Iephtha vse against the Ammonites; 48 We haue possessed this land (saith he) three hundred yeeres; wherefore doost thou then disquiet and trouble vs? Vnles there should be some certeine time prescribed, within which space, and not beyond, things may be claimed againe, the titles of all things would be vncerteine: which is excéedinglie repugnant to the affaires of men; wherefore this inconuenience is preuented by the right of prescription. 49 And it is defined in the digests, De vsu capionibus, lawe the third; that it is a claime of dominion, through the continuance of possession, during the time appointed by the lawe. The definition is plaine and manifest. But at this daie they make a difference betwéene prescription, and that which they call Vsucapio; when as neuertheles in the digests, among the old lawiers, there was put no difference. These (so far as I remember) began first to be separated in the time of Antoninus Pius: 50 so as Vsucapio takes place in things mooueable, and prescription in things immooueable. But thus much by the waie.

But in the historie of the Iudges it is to be noted, that Iephtha did wiselie place his arguments: for he vsed not prescription in the first place, but before all things he obiected the lawe of armes; afterward the gift of the true God: and the cause being thus confirmed, at the last he vsed the right of prescription, bicause a continued possession dooth not by it selfe and alone prescribe, but it hath néed of a good title, 51 and of a good conscience. A good title is, that the thing be orderlie and lawfullie come by. For he that hath gotten anie thing by theft or robberie, although he haue long enioied the same; yet he may not claime it by prescription: but if the title be good, the dealing plaine, and a continuance of time had withall, the prescription is firme and good. If we haue gotten anie thing, either by bargaine, or by frée gift, or by inheritance, or by other like meanes, the title is good. But besides, there must be good dealing, whereby we may testifie in our consciences, that no mans right is iniured, and that we knowe there is nothing that by iust meanes should let vs. Wherefore Iephtha had a good title, to wit, the law of armes, and the gift of God. He possessed it also by good dealing, for he was not guiltie either of fraud or of robberie, and therefore he verie well vsed the lawe of prescription.

But the time of prescription in things mooueable, is by our ciuill lawes, 52 the space of thrée yeares; but in things vnmooueable, ten or twentie yeares, if ignorance be not the cause thereof. For if the owner shall know the thing to be his, which another man possesseth, and yet so long holdeth his peace, he can not afterward demand it againe, and the lawe séemeth iustlie to punish such negligence. But if the owner shall not knowe of his interest, the time is deferred, namelie to thirtie or fortie yeares; and this is done, when there is no ignorance in the case, and that one possesseth for himselfe, and not for another, otherwise it is no prescription. Howbeit, this we must consider by the waie, that the ecclesiasticall rules touching prescription, doo differ from the ciuill lawes. For they (as we haue said) appoint thirtie yeares, although the possessor haue not dealt well; for they decrée, that fraud shall be no let vnto prescription. But as wée reade in the sixt De regulis iuris, in the chapter Possessor; A possessor which holdeth by ill dealing, prescribeth not by length of time. For wée must haue respect to the word of God, and consider with what conscience a man possesseth anie thing.

8 Now I thinke it fit to speake somwhat of custome, yet bréeflie, bicause the same hath some affinitie with prescription. And bicause our aduersaries make much adoo about that, and would vtterlie oppresse vs with customs, the same ought to be agréeable vnto reason, and be lawfullie prescribed, as we haue it in the Extrauagants De consuet. the last chapter. The ciuill lawes assigne vnto custome the space of ten or twentie yeares, and the canons thirtie or fortie yeares: but most firme is that custome, 53 whose beginning is time out of mind. And it ought to be taken for a sure rule, that whatsoeuer is repugnant to the word of God, doth by no meanes prescribe. And therefore, whereas the Papists doo pleade, that the Communion hath bin giuen to the laitie vnder one kind, by the space of four hundred or fiue hundred yeares, séeing that is manifestlie against the word of God, they cannot prooue that it is prescribed by custome: for such a thing is not as (I may saie) prescriptible. For the verie which cause, they cannot alledge a custome prescribed, as touching the sole life of ministers. For euen at the first it was enforced by violence, and it is against the word of God. 54 And yet Hostiensis saith, that The power of custome is so great, as it constreineth priests to sole life: In the distinct. 23. in the chapter Placuit. Howbeit, as the ciuill lawes decrée, 55 That custome which contendeth either with nature or publike right, is a naughtie custome. But that which I haue affirmed, hath foundation in the word of God. For when Christ said to the Pharisies; Yee hypocrites, why doo ye breake the commandements of God for your traditions sake? for God saith, Honor thy father and thy mother: but yee saie; Whoso shall saie to his father or mother; By the gift that is offered by me, &c. They might haue prescribed vnto him custome, but that was not lawfull in a thing quite contrarie to the word of God.

9 There was a custome in the region of Taurus, to kill such as were strangers and ghests. Among the Persians, the custome was neuer to deliberate vpon graue and weightie matters in counsell, but in feasts and dronkennes. The Sauromates had a custome among their cups, that while they were drinking, they sold their daughters. These prescribe not, séeing it appeareth manifestlie, that they are naught and vicious: but that custome prescribeth, which is neither against the word of God, nor the lawe of nature, nor yet the common lawe. For the right of custome commeth of the approbation, and still consent of the people. For otherwise, why are wée bound vnto lawes, but because they were made, the people consenting and allowing of them? And this is onlie the difference betwéene custome and lawe, 56 that there is a secret consent in the one, and an open consent in the other: wherefore such customs cannot be reuoked without danger. Aristotle in his Politiks admonished, 57 that Men which haue learned to doo things with the left hand, should not be constreined to vse the right; so that in things indifferent, and of no great importance, custom must be reteined still.

There is an old prouerbe, ⟨…⟩, that is, Lawe and countrie. For euerie countrie hath certaine customs of his owne, which cannot easilie be changed: but yet (as I said) when they impugne the word of God, or nature, or common lawe, they doo not prescribe, for then they be not customes, but beastlie cruelties. It is well set foorth in the digests, De legibus & senatus consultis, In the lawe De quibus: Custome without reason is of no force. And in the decrées, distinct, the eight, in the chapter Veritate, 58 Augustine saith; When truth is tried out, let custome giue place: let no man be so bold as to prefer custome before reason and truth. And in the next canon Christ said; I am the waie, the truth, and the life: 59 he said not, I am custome. Cyprian in his epistle against the Aquarians saith; Let all custome, though neuer so ancient, giue place vnto truth. For otherwise Peter, when he was reprehended by Paule in the epistle to the Galathians, 60 might haue pleaded custom; but he rather assented, that custome should giue place vnto the truth. Cyprian in the same epistle against the Aquarians saith, that Custome without truth is but oldnes of error; and the more it is reteined, the more gréeuous it is. Wherfore let the Papists cease to brag of their customes, which be full both of error and vngodlines.

61 10 Moreouer, for establishing of a custome, it is not sufficient that some thing be done of som men, or that it be often doone; vnles it be so doone, that it be receiued into a vse and an ordinance to be obserued. For there be manie things doone either vnaduisedlie, or of necessitie; and yet we would not haue them to be drawne into a custome. In the digests De itinere & actu priuato, lawes the first and last: Admit I go through the field once, twise, or thrise; bicause the high waie perhaps is foule: in that I sometimes passe too and fro through thy grounds, doo I therefore get a right of lordship or seruice therein? No verelie: neither was it my purpose to passe through thy field to anie such end, but I was compelled thereto of necessitie. In the decrées, distinction the first, in the chapter Consuetudo, custome is said to be a certeine right instituted by manners; 62 which is taken for a lawe, where lawe it selfe faileth. It is requisite, that this should be a lawe, and made for manners: especiallie in the first times of the church, when tyrants persecuted christian religion; & that godlie men, through feare, were driuen from house to house, & constrained to assemble togither in houses and secret places by night. 63 But if we would now in these daies worship God after that maner, the church being setled; both we should séeme verie ridiculous and intollerable. For they did not so, to the intent they might drawe it vnto a custome, or that it should be an ordinance for others to followe.

Ambrose, when he was a nouice yet in the faith, was chosen bishop of Milan; so was Nectarius of Constantinople; 64 and perhaps other: yet is it not lawfull for vs now to followe the same custome, and to choose a bishop, who neither hath béene conuersant in the holie mysteries, nor yet hath béene baptised; howbeit they did so: they did it in déed, but yet compelled of necessitie, bicause they had not other men both of learning and credit, 65 whom they might oppose against the Arrians. So is that easilie confuted, which they are woont to bring out of the historie of Eusebius, for communicating vnder one kind: namelie, that Serapion sent his boie, and bad him moist the bread in wine. Indéed I might expound that place otherwise; but it shall suffice for this time to saie, that it was not so doone then, to the intent a custome should be drawne thereof for others to followe. Wherefore custome is not made by examples, but by the assent, approbation, 66 and ordinance of the people: otherwise there are in manie places droonkennes, and riots by night; but séeing these things are not allowed of the people, as ordinances to be kept, they haue not the force of custome.

11 And that the matter may the better be vnderstood, I will bring a definition of custome, 67 which I found in Hostiensis, in the title De consuetudine; It is an vse (saith he) agréeable to reason, and allowed by a generall ordinance of them that vse it, whose beginning is time out of mind; or else, which is by a iust time prescribed and confirmed, so that it be by no contrarie act interrupted, but allowed by a 68 contradictorie iudgement. And this dooth Hostiensis thinke to be a perfect definition. But whereas he saith, that that vse ought to be agréeing with reason; that is not inough: but this ought first to be preferred, that it must be agréeable to the word of God. For that is to be accounted for the chéefest reason; and afterward let it be allowed by the institution of the people: for it is not sufficient, if something be doone either rashly, or of necessitie, or for some other cause; but it must also be allowed by the assent and institution of the people, and that the beginning thereof be time out of mind, and that it be prescribed by a iust and determinate time in the lawe, being not interrupted by anie contrarie act.

69 For if a iudge or prince shall giue iudgment against custome, then custome is broken. As it also commeth to passe in prescription, when a man is cast out of his possession, or when a matter is called into sute of lawe, & the issue ioined, prescription is broken. Also the allowing of contradictorie iudgement must be had, (that is, that when one part alledgeth the custome, and the other part denieth it) if sentence be giuen on the behalfe of custome, custome is confirmed. But all these things (as I said before) must be reduced to the rule of Gods word. Onlie this séemeth now méet to be added, which is in the Extrauagants De consuetudine, 70 chapter 1. that A custome cannot be suffered, if it be burdensome vnto the church. Also Augustine complained that in his time, there were such a number of new rites and ceremonies sprong vp, that the church was gréeuouslie burdened, and that the state of christians at that time was nothing at all more tollerable, than in old time the state of the Iewes. The same exception doo we also take against our aduersaries, that the church should not be ouerburdened. This is their owne lawe; why doo they not acknowledge their owne words?

71 12 Paule disputing in the third chapter of the epistle to the Romanes of the righteousnes of faith, added, that the same hath testimonie both of the lawe and of the prophets: which he therefore saith, bicause that the doctrine, which he set foorth, might séeme to be new and latelie sproong vp. 72 But in the Gospell, newnes must speciallie be shunned, and therefore he testifieth in euerie place, that the Gospell is ancient, and was ordeined of God from the beginning. And at the beginning of the epistle, he wrote, that God promised the same by his prophets in the holie scriptures. And at this daie, the controuersie betwéen vs & our aduersaries is, as touching doctrine; while they affirme, that we bring in new things, and that themselues doo cleaue fast to the ancient doctrine. But we learne of the Apostle, how this co~trouersie may be determined. 73 Assuredlie, that doctrine is old and ancient, which hath testimonie from the lawe and the prophets, that is, of the holie scriptures: but that shall be iudged new, whereof there is no mention in them. They erect the Masse, 74 where onlie one man doth communicate for others that doo stand by. This hath no testimonie in all the whole scriptures.

We affirme, that the supper of the Lord ought to be common vnto the faithfull; which is most manifestlie shewed by the institution thereof, as we haue it in the Gospels, and in Paule. These men deliuer vnto the laitie the sacrament of Christes bodie, 75 halfe maimed and vnperfect. This doubtles, they not onlie haue not out of the holie scriptures, but plainelie against the scriptures. They mainteine inuocations of the dead, which they are not able to confirme by the scriptures; They driue the cleargie from matrimonie; They defend purgatorie; They reteine images; They vse strange toongs in the diuine seruice, choise of meates and garments, shauings, annointings, and an infinite number of such like things they obtrude vpon vs, as necessarie to the woorship of God, and that altogither without testimonie of the scriptures. Let them learne out of Paule, which minding to teach the righteousnes that commeth by Christ, saith, that It hath testimonie of the law and the prophets, and not that it was deuised by himselfe. But the doctrine of these men aduanceth impietie: for they bring in the inuentions of men, in stead of necessarie woorshipping of God; which hauing no testimonie out of the scriptures, 76 must of necessitie be new.

And the reason why it behoueth in religion to beware of newnes, is; for that God commandeth in Deuteronomie, that none should either adde too, or take awaie anie thing from his customes and commandements. Yea and Plato himselfe in his lawes and common-weale forbad, that nothing should be made new in things which belonged vnto religion. No doubt, 77 but the lawes of men may be altered, bicause the fourme of a common-weale is sometimes altered. Neither doo those lawes which serue for a kingdome, serue also for the gouernement of a Signiorie & a Common-weale of the vulgar people. Moreouer, séeing lawe-makers are but men, they cannot perceiue all things that should be done. And manie chances doo happen euer among, for the which it behooueth both to amend and change lawes. And as in arts, something hapneth in euerie age for the more perfecting of them: so lawes likewise now and then, by successe of times are amended, and reduced to a better fourme. But none of these things takes place in the lawes of God. For as touching the Church, she altereth not hir fourme. 78 It is alwaies one manner of common-weale, and nothing is hidden from the vnderstanding of God the author of the lawes; he foreséeth all things, neither is his knowledge augmented by the successe of time. Wherefore there is no cause why men should attempt to alter anie thing in his word.

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Footnotes

  1. Of a good intent. In Iud. 7, 27. Looke In Sam. 6, 6. and in the booke De votis set foorth at Basil. pag. 247. & 255. ↩

  2. A definition of intent. ↩

  3. Iudg. 8, 24. ↩

  4. A good intent and an euill intent. Looke In Rom. 1, 21. and 3, 8. ↩

  5. Rom. 3, 8. An ill intent is of two sorts. To a good intent is required, that both the end and meanes be good. ↩

  6. Augustine. ↩

  7. A similitude. ↩

  8. Faith rules the intent. ↩

  9. Faith cannot be tied to the fathers and councels. ↩

  10. Rom. 3. 4. ↩

  11. Our works by a good intent cannot be meritorious. ↩

  12. The worke cannot be made good by an habituall intention. ↩

  13. Deut. 6, 5. Matt. 22, 37. ↩

  14. Luk. 17, 1⟨…⟩. ↩

  15. A good intent must be ioined with faith and action. Matth. 6, 22. ↩

  16. Matth. 6. ↩

  17. Matth. 7, 18. ↩

  18. Of zeale In Rom. 10, verse 3. What zeale doth signifie ↩

  19. A definition of zeale. ↩

  20. A good zeale, and an euill zeale. Looke In 2. Sa. 12, 1. 2. Cor. 11, 2. 1. Cor. 14, 1. ↩

  21. Gal. 4, 17. ↩

  22. The cause of a good and of an euill zeale. ↩

  23. A similitude. ↩

  24. Rom. 10, 2. ↩

  25. The effects of a good and of an euill zeale. Iohn. 2, 17. ↩

  26. Num. 25, 7. ↩

  27. Philip. 3, 6. ↩

  28. Iohn. 16, 2. ↩

  29. Iohn. 18, 10 ↩

    1. Sam. 16, 1.
    ↩

  31. In Rom. 10, verse 1. The Nicodemits of our time. The fact of Naaman the Syrian verie ill cited. ↩

    1. King. 5, 18
    ↩

  33. Vices and vertues are occupied about one & the same matter. ↩

  34. A similitude. ↩

  35. A good intent is not sufficient to make the word good. ↩

  36. Errors in matters of faith is deadly sin. ↩

  37. Goodlie works are somtimes a let vnto saluation. ↩

  38. We must not streight waie giue place vnto zeale. ↩

  39. A rule to trie zeale. ↩

  40. Hebr. 13, 4, 1. Cor. 7. ↩

  41. We must euen of mercie be mooued to fall to praiers. Rom. 10, 2. Luk. 23, 34. An example of Christ. ↩

  42. The Iewes had not the zeale of God. ↩

  43. The Turks worship not the true God, and why? ↩

  44. The scriptures oftentimes name things, not as they are, but as they seeme to be. ↩

  45. Iohn. 5, 46. ↩

  46. In Iud 11, verse. 12. ↩

  47. Why the law of prescription was broght in. ↩

  48. Iudg. 11, 12. ↩

  49. A definition of prescription. ↩

  50. The difference betweene prescription & Vsucapio. ↩

  51. What is required vnto the lawe of prescriptio~. ↩

  52. The time required for prescription. ↩

  53. The most firme custome for prescription. No custome can prescribe against the law of God. ↩

  54. Hostiensis. ↩

  55. A naughtie custome that contendeth with ⟨…⟩, or common right. Matth. 15, 3. ↩

  56. What is the difference betweene custome and lawe. ↩

  57. Aristotle. ↩

  58. Augustine. ↩

  59. Cyprian. ↩

  60. Gala. 2, 14. ↩

  61. What deth establish custome. ↩

  62. What is custome. ↩

  63. Secret meetings. ↩

  64. Ambrose being Catechrimenus was chosen bishop. ⟨…⟩o was Nectarius. ↩

  65. An answer vnto the example of Eusebius. ↩

  66. Custome is not made by examples, but by approbation of the people. ↩

  67. Another definition of custome. Hostiensis. ↩

  68. That is, when one part alledgeth custstome, and the other denieth it, if sentence be giuen on the behalfe of custome, the same custome is confirmed. ↩

  69. Note. ↩

  70. A custome burdensom vnto the church must be reiected. ↩

  71. In Rom. 3, verse. 21. Rom. 1, 2. ↩

  72. Newnes must be remooued from the Gospell. ↩

  73. What doctrine is old, and what is new. ↩

  74. The popish is new, for that it hath no testimonie of the scriptures. ↩

  75. Matt. 24, 26. 1. Cor. 11, verse. 24. ↩

  76. The reason why newnes in religion must be auoided. Deut. 12, 32. ↩

  77. Mens laws may bee changed. ↩

  78. The outward gouernment of the church altereth not the fourme. ↩

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