The sixteenth Chapter. Whether it be lawfull for a Christian man to goe to lawe.
HEre nowe the place putteth vs in remembrance to sée whether it bee licenced vnto a Christian man to trie matters by lawe. 1 2 In which we will accomplishe thrée thinges: First, wee will prooue by firme and strong Argumentes that it is lawfull. Secondly shall be set foorth the forme and waie wherein this ought to be. And finallie whereas there be certaine places in the holy Scriptures, which séeme to teach the contrarie, and that certain reasons are woont to be brought which are thought to be a let, we will interprete the wordes of the holie Scripture, and will confute the reasons obiected. 3 As touching the first, the sentence of Paul which we haue in y e 1. Epistle to the Corinthians the 6. Chapter plainely perswadeth, that to goe to lawe is not forbidden: he reprooueth those onlie, because they went vnto Infidels. Further because they were ouercome with perturbations of the minde, in that they coulde not beare iniuries: finally because themselues did iniurie. Remooue thou those faults that are reprooued, and what will remaine, but that causes may be heard betwéen faithful men in the Church, and that wise iudges maie be appointed, to discerne & pronounce iustly of causes? 4 In the Actes of the Apostles Paul appealed vnto Caesar for defence of his owne life, he would not be iudged by the lieftenant of Iurie, because he sawe that his Tribunall seate was alreadie corrupted by the head Bishops and Priests. He chose Caesar to bee his iudge, with whom his cause might be vnderstoode. Wherefore before the Apostle were laide two vniust tribunall seates, and both of Infidels. That he chose vnto himselfe, which séemed to haue least discommoditie. Euerie godly man (so much as is possible) must escape the iudgements of the faithlesse and vngodly: euen as wee at this day, will not bee iudged by the Pope, who holdeth all for excommunicate, euen so manie as will not be subiect to his Tyrannie. And the verie same Apostle (as we reade in the same Booke of Actes ) sent a young ma~ his sisters sonne vnto the Tribune, 5 6 who shoulde declare the conspiracie which the Iewes made against him: and so was he saued and sent againe by night vnto Caesarea. Whereby it appeareth, that it is not forbidden to implore the helpe of publike power.
7 2 Furthermore God did not institute any thing which is against Charitie. But iudgement and Magistrates without all doubt are brought in by God, so as they are not repugnant vnto charitie. 8 We reade in Genesis the 9. 9 in Exodus the 18. and in Deuteronomie the first, that a Magistrate and iudgements are instituted by God. The Anabaptists crie that in Christianisme, there is required a farre greater perfection than in the old law, and therefore that arguments must not be sought from thence. These mad men vnder a colour of perfection endeuour to confound the world by a confused order of things. 10 If we shoulde want Magistrates, woulde not murthers, robberies, and other mischiefes euerie where abound? There is no hope that anie man might let offences to happen. For (as Christ said) they must of necessitie happen. What doe these men meane? 11 Will they haue them punished or not punished? If they will say, vnpunished, what ende or measure will there then be of calamities? But if they will haue them to be punished, by whom at the length, shall punishments be executed? Doubtlesse Magistrates being taken away, if euerie man punish and reuenge at his owne pleasure, all things will be filled with a confused order, and while they faine to followe perfection, they will bring vs into an vtter confusion of things. 12 Besides this in the 18. Chapter of the Booke of Exodus, and in the first Chapter of Deuteronomie, God prouided with all diligence, that y e qualities and vertues of them which should be appointed Iudges might be expressed, to the intent we may plainelie perceiue, that he had a singular care of iudgements. In Esaie it is said: 13 Seeke yee iudgement, helpe the fatherlesse, iudge the widowe: and the like places wée méete withall euerie where in the Prophets. And in the Psalmes it is shewed that God hath so great a care of iudgementes, 14 as he himselfe will sit with the Iudges. Wherefore it is said, God stoode in the Synagogue, or in the companie of Iudges: he is Iudge in the middest of them. 15 And in Paralipomenon the Iudges are admonished that it is not the businesse of men which they execute, but the businesse of God: The verie which thing is written in the first Chapter of Deuteronomie. 16