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69. The sixteenth Chapter. Whether it be lawfull for a Christian man

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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

3 But least these men should thinke that a Magistrate and Iudgements are assured onelie by the olde lawe, we heare that they be established in the Epistle to the Romanes the 13. Chapter, 17 and also by Peter in his Epistle. And that it is lawfull for godly men to beare office, the examples of Ioseph, Dauid, Ezechias, Iosias, Daniel and his fellowes doe plainely declare. And in the new Testament Paul in the 16. 18 Chapter to the Romans writeth: Erastus the Chamberlaine of the Citie saluteth you. 19 And in the Actes of the Apostles, when Sergius Paulus the Proconsull was conuerted vnto Christ, he renounced not his office. And that it belongeth to a Magistrate, to iudge causes, and take away contentions, by punishing and rewarding, it is perceiued by the definition thereof. 20 For it is a power instituted by God vnto the safetie of good men, and reprehension of euill men, by laying of punishments vpon the one sort and giuing rewardes vnto the other. Yea and it is a most firme reason [to saie:] There bée lawes, therefore there be Iudges. And if there be iudges, there shall also be actions or pleadings of causes. 21 And we reade that the Israelites, euen at the verie beginning had controuersies, which they brought vnto Moses. Whereuppon Iudges were appointed when as Moses alone was not able to sustaine so great a labour. And at the last was the lawe giuen vpon Mount Syna, as wée haue it in the 20. Chapter of Exodus. Neither could the lawe in a maner bring any vtilitie, except that Iudges had bin appointed, which shoulde execute the same. 22 Aristotle in his Politickes, called Iudges a liuely lawe. Séeing therefore Iudges (as it hath bin said) be the worke of God, and by him are instituted, it is the part of godly men to set them forward. And it commeth oftentimes to passe, that thou art not able to helpe the poore, the fatherlesse, the widowe and straunger, and finallie them which are committed to thy trust, and to deliuer them from their oppressours, vnlesse thou shalt implore the aide of publike iudgements: and to forsake them thou maiest not with a safe conscience. As touching the poore and oppressed, 23 the law admonisheth eueriewhere: and howe those which belog vnto vs must be holpe, Paul vnto Timothie wrote in these words: 24 He that hath not a care of his owne, & especially of his familie, 25 hath renounced his faith, and is worse than an Infidell. Elisaeus the Prophet offered himselfe of his owne accord to intreate with the Magistrate for the widowe his hostesse. And that we must not straight waie depart from our possessions & fathers inheritaunce, the example of Naboth the Iezraelite doeth testifie, 26 who would not deliuer his vineyarde vnto a Tyrant: and this he did not through a desire that hee had of earthly things, but that he might obey the lawe of God, who after a iust maner diuided the landes amongst the Tribes and families: as it is contained in the Booke of Iosua, 27 & forbad by the lawes, that they should not be transferred from one familie vnto another.

4 Moreouer if our neighbour can bée brought by the authoritie of the Iudge, from detaining of other mens goods, it shall not be vngodly to lawe against him, that he may at the leastwise be pulled from sinne. And Augustine in his Booke De Sermone Domini in monte saieth, 28 that a seruant being conueyed awaie from a godly Maister, if it be knowen that he will be marred vnder the gouernment of him that intysed him, and that he may be reuoked from thence and recouered by iudgement, he must not be forsaken. It also happeneth oftentimes that the Pastors of Churches are hindered by the wicked from preaching, or from féeding the shéepe of Christ, and maie bee holpen by the publike power to execute their office fréely: then must they not delay to attempt by iudgement. For they then implore the helpe of GOD, when they goe vnto the power appointed by him, and vnlesse they shoulde this doe, they might séeme to tempt God. Sometimes also there maie happen a doubtfull case, and that betwéene the godly, for the iust possession of some thing: whereas either of them would yéelde to other, and neither of them will haue himselfe to be trusted, because he feareth least he doe challenge that which is another mans: and therefore with one consent they couet to haue that which is doubtfull, to be determined by iudgement, whereby they maie with a more safe conscience possesse that which they haue. And they which indeuour wholy to take awaie iudgements, doe giue an occasion vnto Iulian, Porphirius and Proclus, who slaundered Christianitie that it was an aduersarie vnto lawfull Common weales.

5 Nowe séeing it is prooued, 29 that it is lawfull sometime for godly men to goe to lawe, let vs sée as touching the other point, with what cautions this must be doone. First of all must be prouided, 30 that we mistrust not God, & that we put not confidence in Princes and Iudges. Such men doeth the holy scripture plainely detest, which pronounceth that we ought not to put our trust in Princes, neither to put flesh for our Arme. Besides this let Charitie be kept inuiolate, 31 so as wée account not for an enemie that aduersarie, against whom we haue commenced action. Moreouer the powers of our minde must be examined, and we must take héede, that we be not led vnto this by disturbations of the minde or corrupt affections. For it is better to lose the thing than to make a wracke of the spirit of lenitie and Christian gentlenesse. Neither yet ought we for this cause to goe vnto the tribunall seates, that we maie either increase our patrimonie or reuenue: but the glorie of God & safetie of our neighbour must chiefely be respected. Also it is profitable, that he which is to deale against any man in iudgement, doe consider the imbecillitie of man, and weigh how weake he himselfe also is. For by that meanes (as Augustine wrote vnto Macedonius ) the vehemencie of accusing is asswaged. 32 This did Christ commend when he answered the accusers of the adulterous woman: Hee amongst you that is without sinne, 33 let him cast the first stone at her. And as iudgements are at this day, we are to take heede, least with the indeuour of contention, we cast not both our selues & our aduersaries into grieuous and vnprofitable expences. For iudgements are euerie where long differred, sometimes by the treacherie & couetousnesse of Iudges, to the intent that they which be aduersaries at lawe maie be polled. But yet the delaie of iudgements cannot all wholy bee condemned. For oftentimes in the giuing of sentence there must be prouision made against the manifolde and subtill malice of men: for the discouerie whereof nothing is more woorth than delay. For in processe of time many things are opened, which by craftes and subtiltie were hidden.

6 But it should séeme that all meanes must be assayed before we come to sute of law: euen in like manner as before warre is mooued, all remedies should be sought. And this would be verie decent for Christias that controuersies should be taken vp by arbitrators & common friendes. Which also should not be wholie left vnto Magistrates, for they should be eased of verie great and gréeuous trouble. Séeing they are constrained oftentimes to sit all the day long to heare causes, and the time which should be imployed about councell matters for the Commonweale, least it should take anie harme, they are constrained to spend vppon aduersaries at lawe. In olde time among the Romans, the degrée of gentlemen called Equites, did execute iudgement, afterward iudgementes did fall to the Senators, but yet not so as the whole Senate did iudge: for there were some certaine Senators chosen to this purpose. And this most of all is to be regarded, that in contending at lawe, we séeke not those thinges which be ours, but which are Iesus Christes: which being hard to doe, there is nothing more fit to finde out the deceites and pretences of our owne thoughtes than to examine our selues. And séeing a man may sée manie causes, for which it shall be lawfull for a Christian man to contend at lawe: let him seeke, wherefore he verie oftentimes omitting those honester sort of causes, had rather now make sute in lawe for riches and substance taken from him. And let him say with himselfe: Manie a time hast thou forsaken the poore oppressed, thou hast not cared for the fatherlesse children being spoyled, thou hast not defended widowes being robbed: yea and thou hast neglected godlinesse, séeing thou hast séene the same contaminated with blasphemies and heresies: And this that thou shouldest not doe, 34 is by expresse wordes forbidden in Deuteromie: Why doest thou now straightway make sute by lawe for thy field wrongfullie possessed by anie man? 35 doubtlesse these things declare that thou art rather mooued through couetousnesse than for iustice sake. It is now a common custome, that although we looke vppon the wicked which deface the Commo weale, and which pollute and destroy Cities euerie where, yet in this poynt we are more dumb, than fishes. But if a little of our owne monie & substance be sought for, we straightway flie vnto patrons and aduocates, and vnto places of iudgement. Séeing then these be certaine tokens that thou art carefull for thine owne thinges, and not for that which belongeth vnto God, or to thy neighbour, therefore he that shall perceiue these thinges in himselfe, it is no sure way for him to goe rashlie to the lawe. In the meane time all this might be shewed to the aduersarie, that he should desist from sute of lawe, least he breake charitie, least he more séeke his owne, than those thinges that belong to God and to his neighbour, least both partes be pressed with too much charges. For perhappes by the calling of these thinges to remembrance, his malice shall be asswaged. This also must be taken héede of, that thou goe not to lawe vnder euerie Iudge. Séeing thou oughtest not to commit thy cause vnto him, whome thou shalt perceiue to be altogether vniust, corrupt, or a contemner of Religion, vnlesse thou be co~pelled thereto. If Paule appealed to Nero, 36 he did it after a sort against his wil. He might not escape y e iudgement seates of wicked men, he chose y t for him selfe, which séemed more fit for his vocation.

7 But now in the third place must be brought the sentences of the scriptures, 37 by which it séemeth that a godlie man is altogether forbidden to contend in iudgement. In Matthew the 5. Chapter it is written: If a man shall strike thee on the one cheeke, turne thou to him the other: and he that would take thy cote from thee, giue him also thy cloke: and if one constraine thee to walke with him one mile, goe twaine with him. These thinges séeme to perswade, that we should vtterlie abstaine from contentions. Some thinke by this meanes to satisfie the~ selues because they say that these are councels: but these men be deceaued. For whensoeuer anie thing is offered vnto vs to be doone, which we vnderstand dooth further the glorie of God, if we may doe it, and doe intermit it, we haue flatlie sinned, because the loue which we owe vnto God, with all the heart, with all the minde, and with all the strength, is not kept. And if these thinges should be estéemed as counselles, and should belong onelie vnto them which be perfect, it would follow, y t Magistrats in not reuenging should be more perfect, than if they punish & reuenge. And a priuate man by reuenging his owne iniurie, should not sinne, although he should perhaps decline fro~ Christian perfectio~, which things are most plaine absurdities. 38 Wherefore Origen and Nazianzene, who against Iulianus & Proclus say, y t to reuenge, is no sinne, but not to reuenge, is better & more perfect: doe aunswere neither soundlie nor woorthie for a Christian man. These sayings must be taken as preceptes & interpreted by comparison, to wit, that we must rather desist from iudgement, and from taking punishment of an aduersarie: rather to suffer a blowe on the chéeke, to abide the losse of our Cloke, and to goe the iourney of two miles, than that charitie should be violated, or that thou shouldest moue y e hatred of thy neighbour, or be an offe~ce vnto y e weake, and shouldest follow those thinges which be thine, and not those which be Iesus Christes.

39 8 And as touching reuenge, the same is of two sortes: one publike, and an other priuate. The publike, which ought to be executed by the Magistrate, is required by God: so farre is it from displeasing of him. Of the Magistrate it is said, 40 that he beareth not the sword for naught. For he is the Minister of God to take vengeance of him that dooth euill. But priuate reuenge is lawfull vnto no man. 41 And Augustine vnto Marcellinus writeth: Not to reuenge, is to abstaine from the desire of reuenge: And there he plainely writeth, that these be without doubt preceptes, and alwayes necessarie as touching the preparation of the minde: but as touching external execution, y t must alwayes be doone, which we perceiue to make most for the glorie of God, and the saluation of them with whome we deale. For Christ when he was beaten by a seruant of the high priest, 42 did not turne his chéeke to him, but rather reprooued him, when as neuerthelesse he was readie as touching the minde, both to die, and to be crucified for his saluation. And euen this did Paul shew, 43 when he being striken aunswered the high priest: God shall strike thee, thou painted wall, who neuerthelesse was readie to spend both him selfe and his life, for the safetie of the faithful. Wherefore, if a neighbour through our patience be made the woorse, we must not stay from reproouing & accusing: so farre is it off, that thou shouldest shewe outward gentlenesse vnto him. Those thinges which Christ spake in these places, belong not vnto Magistrates, but vnto priuate men. And when he said that his kingdome is not of this world: 44 he remooueth not away those things which serue to the necessarie administration thereof, but would haue them to remaine perfect and sound. Neither must we thinke, that charitie is violated, when as punishmentes are doone by the publike power for great offences. And this doe parentes shewe, when they beate their children: For by that meanes they omit not to prosecute them with fatherlie good will. Torquatus put his sonne to death, for the safetie of the Commonweale: whome neuerthelesse he ceased not to loue, as it became a father. 45 And Augustine against Faustus the 2. booke saith, 46 Moses fiue manie thowsandes for the Idolatrie [committed to the] golden Calfe: but that he kept charitie towardes them, the prayers which he had before the slaughter of them doe declare: If thou let them goe (saith he) it is well, if not, 47 wipe me out of the booke of life. Yea and God himselfe which is the principall charitie punisheth his elect, and chasticeth them, but he ceaseth not to loue them.

9 And when it is written: 48 You haue heard that it hath bin said: An eye for an eye, and a tooth for a tooth: but I say vnto you, resist not euill at all: We are not to beléeue that the olde lawe fauored priuate reuenge, which in Leuiticus is in plaine wordes forbidden: 49 Seeke not the reuenge of the Sonne of thy people. Yea and rather charitie is commaunded towardes our enemie, séeing euerie man is commaunded to take home vnto him his enemies Oxe and Asse that goeth astray, 50 and to restore the same vnto the owner: and also to helpe his enemies Asse if it should be fallen and pressed vnder his burden. But in that lawe of rendring one for an other, the Iudge was instructed what he should doe in the punishing of offences. And Christ when he said: But I say vnto you, 51 resist not euil, amendeth the peruerse interpretation of the Scribes, which taught men to come vnto iudgementes being led with a desire also of reuenge, that they might craue of the Iudge, An eye for an eye, and a tooth for a tooth, with the desire of reuenge. Christ said: The matter is not so: As much as in thée is resist not euill. Yet he forbiddeth not, but that if thou for the benefit of an other, and for the glorie of God, wilt attempt the lawe, it may be lawfull for thée. Some obiect, that God would that thou shouldest suffer the taking away of these goods, to the intent that such and such might be punished. If thou by iudgementes doost indeuour to withstand, thou seemest now to resist the will of God. Howbeit these men are grossely deceiued: séeing it is no firme consequence: God would that we should otherwhile be sicke, therefore we must not vse Phisitions and medicines, 52 because God hath prepared these thinges also, and if thou apply not them, thou shalt tempt him. God will both that thou shouldest be sicke, & that through medicines thou be helped. In lyke manner also he will that we should suffer some losse, and that we should not turne vnto blasphemies against God: but he will in like maner that we should not despise the remedies of y e iudgements which he himselfe hath set foorth. It is onely the minde of the vser that maketh these thinges either good or euill. The Apostles who being sometime stirred vp with a desire of reuenge, craued that fire might come downe from heauen against the Samaritans, 53 were forbidden that they should so desire, because they knewe not of what spirit they were. But euen to the selfesame Apostles, being now confirmed by the holie ghost, and being voyde of perturbations of the minde, it was graunted to slay by the word: 54 For Peter slew Ananias and Saphira. Paul deliuered vnto Sathan, and made Magus blinde.

← 68. The fifteenth Chapter. Of Exile or · Contents · 70. The seuenteenth Chapter. Of Warre or →

Footnotes

  1. In 1. Cor. 6. ↩

  2. Thrée things to be spoken of. ↩

  3. The first place. Verse. 1. ↩

  4. Acts. 15. 20 Paul appealed vnto Cesar. ↩

  5. Acts. 23 17 ↩

  6. Paul caused that the ⟨…⟩aying in waite of the Iewes should be shewed vnto the Tribune. ↩

  7. Iudgement and Magistrates are instituted by God. ↩

  8. Gen. 9. 6. ↩

  9. Exo. 18. 19. Deut. 1. 9. ↩

  10. ⟨…⟩. ↩

  11. Matt. 18⟨…⟩. ↩

  12. Verse. 19. Verse. 9. ↩

  13. Esa. 1. 17. ↩

  14. Psal. 82. 1. ↩

    1. Par. 19. ver. 6.
    ↩

  16. Deut. 1. 10. ↩

  17. Rom. 13. 1. 1. Pet. 2. 13. That it is lawfull for godlie men to beare office. ↩

  18. Verse. 23. ↩

  19. Acts. 13. 1⟨…⟩ ↩

  20. The definition of a Magistrates office. ↩

  21. If there be Lawes, there be also Iudges and iudgeme~ts. ↩

  22. Aristotle. ↩

  23. Exo. 22. 21. ↩

    1. Tim. 5. 8.
    ↩

  25. Elisaeus. 2. kings. 4. 13. ↩

  26. Naboth. 1. king. 21. 3 ↩

  27. Iosua. 13. Num. 36. 7. ↩

  28. Augustine. ↩

  29. Vnder what cautions we must goe to Lawe. ↩

  30. Psal. 146. 3. ↩

  31. Ier. 17. 5. ↩

  32. Augustine. ↩

  33. Iohn. 8. 7. ↩

  34. Deut. 15. 8. Deut. 24. & 26. & 27. ↩

  35. Deut. 13. & 17. ↩

  36. Acts. 25. 10 ↩

  37. An exposition of certaine places of the Scripture, séeming vtterlie to forbid going to Lawe. Matt. 5. 39. ↩

  38. Origen. Nazianzene. ↩

  39. Reuenge is of two sorts. Look part. 2 cap. 9. Ar. 32 ↩

  40. Rom. 13. 3. ↩

  41. Augustine. ↩

  42. Ioh. 18. 23. ↩

  43. Acts. 23. 3. ↩

  44. Ioh. 18. 36. ↩

  45. Augustine. ↩

  46. Exod. 32. ver. 11. 25. ↩

  47. Ib. ver. 32. ↩

  48. Matt. 5. 38. ↩

  49. Leuit. 19. ver. 18. ↩

  50. Exod. 23. 4. & 5. ↩

  51. Matt. 5. 39. ↩

  52. God will that both we should be sicke and y t we should vse medicines. ↩

  53. Luke. 9. 55. ↩

  54. Acts. 5. 5. Acts. 13. 11 ↩

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