The defense of the aunsvvere to the Admonition against the replie of T.C. By Iohn VVhitgift Doctor of Diuinitie. In the beginning are added these. 4. tables. 1 Of dangerous doctrines in the replie. 2 Of falsifications and vntruthes. 3 Of matters handled at large. 4 A table generall.

Io. Whitgifte.

Surely if you can shew me twenty things to be done of them, in the seruice of God or discipline of the Church, left to the order of the Church, and vndetermined in the law, for one that I can shew left to the order of our Church, you can do more than any man that I know, hath either spoken or written. Musculus Lo. co. after that he hath made a parti∣cular* 1.1 recitall of the ceremoniall lawes, saithe that God did therefore appoint vnto thē such a number of Ceremonies, bicause they should not inuēt any other, seing they had Ceremonies inow wherby they might be exercised, and as it were by a certain kind of schooling might be instructed in the spirituall sense. To our discretion is left as I haue said, the most of the circumstances perteyning to both the sacraments, most of all ex∣ternall rites, ceremonies, and other things that perteyne to comelinesse and order yea and the disposition of many things also which apperteine to the externall disci∣pline, and gouernmente of the Church: which are to be varied according to time, per∣sons, and place, as shall hereafter be proued. If you be able to shewe that the same libertie was lefte vnto them, in so many thinges you shall do more than I can conceyue.

But admttte all this to be true, that you say, there can be nothing spoken more di∣rectly* 1.2 for the iustifying of my cause. For if the Israelites notwithstanding these pla∣ces of Deutero. had libertie to order things in the Church not comaunded or prescri∣bed vnto them in the word of God, then do the Authours of the Admonition vnaptly vse these places of Deuteronomie: to proue that those things only are to be vsed and pla∣ced in the Church, which God himselfe in his word hath commaunded. For if the Iewes (not∣withstanding these precepts) did lawfully vse those things that were not in the word commaunded, withoute adding to the word, or taking from it, surely we may do so in like manner. And thus haue you taken muche paynes in iustifying that cause, which y〈1 line〉〈1 line〉u would so gladly ouerthrow.

Wher you say, that we haue the same lawes to direct vs in the seruice of God, that they had,* 1.3 if you meane the same morall lawes you say truly, but nothing to the purpose: if you meane the same ceremoniall lawes (which properly are said to be lawes directing them in the seruice of God) then do you Iudaizare play the Iew. And certainely I maruell what you meane by this saying, séeing that you knowe our externall manner and kind of worshipping of God to be farre distante from theirs: and our sacramentes (though spiritually the same) yet both in number, forme, matter, obseruation, and kind of signification, much differing from them, and especially seing that their cere∣moniall law is vtterly abolished. Neyther do I well vnderstand what your meaning is when you adde, Besides that a noble addition of the newe testamente, to make things more manifest, and to bring a greater light vnto the old testament. For if you meane that the newe testamente is added to the ceremoniall lawe, that cannot be so, for it is the ende of

the Ceremoniall lawe, and dothe vtterly abrogate it. Nam 〈1 line〉〈1 line〉inis legis Christus. &c. Christe is the ende of the lawe. For as well the figures as the promises conteyned in* 1.4 the lawe and the Prophetes, are fulfilled in the newe Testament by the comming* 1.5 of Christe, as he him selfe saythe, Luke. 24. If you meane that it is added to the morall lawe, that is also vntrue, for it onely explaneth it, it addeth nothing vnto it. In déede it bringeth a great lighte to the olde Testament, bicause all thinges are there fulfilled whiche were prophe〈1 line〉〈1 line〉ied of, and prefigured in the olde Testament. M. Caluin* 1.6 Institu. Cap. 3. Sect. 9. saythe, that to thinke Christ to haue added any thing to the law is moste pernicious.

I muste craue pardon of the Reader, for making suche excursions out of the way,* 1.7 for I am compelled to followe you, whiche interlace your booke with suche by▪ mat∣ters, and those so suspicious and daungerous, that I can not safely passe them ouer with silence. And euen nowe agayne do you enter into a straunge and dangerous o∣pinion in my iudgement: for you would haue the ciuill Magistrate bounde to obserue all the Iudiciall lawes of Moses, excepte suche as were made in respect of the re〈1 line〉〈1 line〉gion where they were giuen, and of the people to whome they were giuen. Of the whiche lawes the Magi∣strate you say, may onely chaunge the circumstances, as the times, and places, and manners of the people shall require. But you vtterly deni〈1 line〉〈1 line〉, and are ready to proue, if that perteyned to th〈1 line〉〈1 line〉s question, that any Magistrate can saue the lyfe of blasphemers, contemptuous and stubbo〈1 line〉〈1 line〉ne I∣dolaters, murderers, adulterous persons, and suche like, whiche God by his Iudiciall lawe hathe commaunded to be put to death.

Howesoeuer you passe this matter ouer as impertinent to this question, yet for as* 1.8 muche as you haue héere set it downe (and I am fully persuaded that it is vntrue) I minde to touche it something, and to vtter the reasons of my persuasions. I leaue it to the consideration of those that knowe the lawes, and state of the Realne, and especi∣ally suche as haue the chiefe gouernment and care of the same, what lieth hidde vn∣der this your opinion. First, all the lawes of this land, that be contrarie to these Iu∣diciall lawes of Moses, must be abrogated: The Prince must be abridged of that pre∣rogatiue which she hath in pardoning suche as by the lawe be condemned to dye: the punishments of death for fellonie must be mitigated according to Moses law, whiche doth by other meanes punish the same, Exod. 22. To be short, al things must be trans∣formed:* 1.9 Lawyers must cast away their huge volumes, and multitude of cases, and content them selues with the bookes of Moses: we of the Cleargie would be the best Iudges, and they must require the lawe at our handes. Deutero. 17. verse. 8. And so* 1.10 while we make them beléeue that we séeke for equalitie among our selues, we séeke in déede regall dominion ouer them. Looke Deuter. 17. verse. 12. But to omit all these considerations, whiche I leaue to those to whom they do especially perteyne, I wyll shew as briefly as I can, how farre this opinion is from true diuinitie.

First, besides all those places of Scripture, whiche make generally for the abroga∣tion* 1.11 of the whole lawe: we haue especiall places for the Iudiciall lawe, and namely those where Christ maketh lawes of deuorcement for adultrie. Math. 5. and. 19. which* 1.12 were altogither néedlesse, if she that is takē in adultrie should of necessitie be stoned to death, according to y^e law of Moses. Aug. ad Pollentiū de adult. coniug. li. 2. cap. 6. 7. 8. &. 14.* 1.13 proueth by that whiche is written of Christ. Iohn. 8. touching the woman deprehen∣ded* 1.14 in adultrie, and brought vnto him by the Scribes & Pharisies: that the wife, taken in adultrie ought not to be punished with death, but suffred to liue that she mighte be reconciled to hir husbande, or at the least repent. Cyril also vpon the. 11. of Leuit. saith, that though the punishment of death was according to the law of Moses appoynted for ad∣ultrie,* 1.15 and certayne other crimes, yet among Christians there is no suche commaundement in force. Musculus in his common places, tit. de legib. speaking of the law, sayth thus:* 1.16 They aske the question whether the whole lawe be abrogated: we answere, if whole Mo∣ses gaue place to Christ, then hathe his whole lawe giuen place to the lawe of Christe. And a little after: The commaundementes of the lawe are Morall, Iudiciall, Ceremoniall. That the Ceremoniall commaundementes haue ceassed it is euident, forsomuche as the Priest∣hoode of the lawe, to the which the ceremonies were annexed is abrogated by the Priest∣hoode of Christ, according to the order of Melchizedech: and that the Iudicials also are

ceassed it dothe herein appeare, for that the whole order of gouernment of Israell, which was requisite vnto the inhabiting of the lande of promise, hath from that time ceassed, wh〈1 line〉〈1 line〉 as they beeing expelled, began to dwell amongst the Gentiles without a king, without go∣uernours, without a Priest, and without a lawe.

Hemingius in his Encber: is of the same iudgement: his words be these. There is also* 1.17 the Iudiciall law, which expired with the common wealth of Moses: so that it dothe not binde any man of necessitie, but so farre onely, as some portion of it dothe perteyne to the law of nature (as the law agaynst incestuous mariages. Leuit. 18.) and so much of it lyke∣wise, as the ciuill Magistrate shall admit for pollicie.

I omit that place of M. Caluin, which is written in his Harmonie vpō the. 5. bookes* 1.18 of Moses, where he speaking of these lawes. Exod. 23. Deut. 12. Num. 3〈1 line〉〈1 line〉. which were giuen for the breaking of Images, destroying of places where idolatrie was cōmitted &c. saith, that they were but temporall exercises, to kéepe the people in obedience. &c. And in the same booke, speaking of the. 7▪ of Deut. The grauē Images of their Gods shall* 1.19 ye burne with fire, and couet not the siluer and golde that is on them, &c. saith, Althoughe this was a politike lawe, and giuen onely to the auncient people for a time, yet hereby we may gather how detestable Idolatrie is. &c. But of all other places that is moste euident which he hathe in his Institu. Cap. 20. Sect. 13. 14. 15. and therfore I wil rehearse it more at large. Sunt qui rectè compositam rempub. negent. &c. There are certaine which denie that* 1.20 common welth to be well ordered, which omitting the politike lawes of Moses, is ruled by the common lawes of the Gentiles. The which opinion how dangerous and seditious it is,* 1.21 let other men cōsider, it is inough for me to haue declared, that it is both false & foolish. But that vsuall diuision is to be obserued, which deuideth the whole law of God deliuered by Moses, into maners, ceremonies, & iudgements, and euery part therof is diligently to be considered, that we may vnderstande what perteyneth vnto vs thereof, and what dothe not. In the meane time, let no man be troubled with this, that both the Iudicials & ceremonies did apperteyne vnto maners: for the ancient fathers, the inuentors of this diuisiō, although they were not ignorant, that these two latter parts were occupied about maners, yet (by∣cause they might be altered and abrogated without any preiudice vnto maners) they called them not morall. They called that first part properly by that name moral, without the which the true holynesse of maners, and the immutable rule of liuing could not well consist. And agayne. The law of God forbiddeth to steale: what punishment was appoynted for thefte in the pollicie of the Iewes, appeareth▪ in Exod. The moste auncient lawes of other nations* 1.22 punished theft with double: they which followed afterwarde made a difference betwixte open theft, and that which was secret: others condemned the theeues with exile & banish∣ment: others adiudged them to be whipped: and last of all, others, to be put to death. False witnesse amongst the Iewes was punished with equal payne in respect of the hurt: in other places onely with infamie: in other places with hanging. &c. All lawes ioyntly do reuenge murder with bloud, but yet with diuers kindes of death. In some places there are greeuouser paynes appoynted for adulterers, in other places those which are more easie: yet we see how they al by this diuersitie of punishment, tende to one ende, for they al with one consent, do giue sentence of punishment agaynst those offences, which are condemned by the eternall law of God: to wit, murder, theft, ad〈1 line〉〈1 line〉ltrie, false witnesse, but they agree not all in the maner of the punishment. Neyther truly is it necessarie or expedient that they shoulde agree here∣in.* 1.23 There is a countrey which should out of hande be destroyed with theeues and slaughter, if it did not with horrible example deale very sharpely with murderers. There is a〈1 line〉〈1 line〉so some time which requireth the augmentation of the sharpnesse of punishment, and some people very prone vnto some certayne sinne, except they be with great rigour kepte in awe. He is then very euill affected, and enuieth the publike commoditie, that is offended with thys diuersitie, which is most meete to reteyne the obseruatiō of the law of God. For that which some men obiect, that by this meanes iniurie is done to the lawe of God, whiles it beeing abrogated, other lawes are preferred before it, is most vaine. For other lawes are not prefer∣red before it, but allowed, not by any simple comparison in respect of Gods law, but accor∣ding to the condition of time, place, and nation: neither can that be sayde to be abrogated,* 1.24 which was neuer prescribed vnto vs, for God deliuered it by the handes of Moses, not for

all natiōs, but particularly for the Iewes. &c. M. Beza likewise in his booke de haer 〈1 line〉〈1 line〉 Magist. puniend. of this matter writeth thus: VVe acknowledge those politike lawes to be pre∣scribed,* 1.25 onely to the countrey of the Iewes: neither are we so vnskilfull that we woulde haue Moses common wealth or gouernment called backe agayne, as though it were not lawfull for euery Magistrate within his owne dominion to make lawes in ciuill matters. And a little after. The Iudiciall lawes were framed only for one nation. Therefore seeing they were neuer written for vs, they can not be sayd to be abrogated. And agayne. Onely the Israelites were bound to the Iudiciall lawes, that is, those that dwell in Iurie, bicause they were made fit for that common wealth onely. And after that he hath shewed by an ex∣ample of the lawe for theft, that that maner & kinde of punishment, did onely binde the Israelites, & that other Magistrates in their countreys for good causes maye ap∣poynt a sharper kinde of punishment for the same, he cōcludeth thus: Lex enim illa Mo∣sis* 1.26 quatenùs poenae modū praescribit, alijs gentibus ne{que} vnquā fuit posita, ne{que} nūc est propriè abro∣gata. That lawe of Moses in so muche as it prescribeth the maner of punishment, was ney∣ther* 1.27 at any time giuen to other nations, neither is it now properly abrogated. So that now they that be disposed may perceyue, howe this doctrine of yours not onely tendeth to the ouerthrowing of states of cōmon wealthes, but is contrarie also to the truth, and opinion of learned men, and those especially of whome you your selfe make greatest accompt. Therefore it is true that I haue sayde in my answere to the Admonition, that is, The Iudicial law to be left to the discretion of the Magistrate to adde to it, or to take from it, or to alter and chaunge it, as shall be thought most fit for the time, manner of the countrey, and condition of the people, as M. Caluin also very aptly noteth in the very ende of that. 15. section before rehearsed.

Notes

• * 1.1

  Musc. loc. com. tit. de. legib.
• * 1.2

  The assertion of T. C. di∣rectly 〈1 line〉〈1 line〉∣eth the An∣swere.
• * 1.3

  The assertion of T. C. ten∣deth to Iu∣daisme.
• * 1.4

  Rom. 10.
• * 1.5

  Luke. 24.
• * 1.6

  Caluin. inst.
• * 1.7

  Whether the Magistrate be bounde to obserue the Iudiciall law of Moses.
• * 1.8

  The 〈◊◊〉〈◊◊〉 with the asser tion of T. C.
• * 1.9

  Exod. 22.
• * 1.10

  Deut. 17.
• * 1.11

  The Iudici∣all lawe abro∣gat〈1 line〉〈1 line〉.
• * 1.12

  Mat. 5. &. 19.
• * 1.13

  Augustine.
• * 1.14

  Iohn. 8.
• * 1.15

  Cyrill.
• * 1.16

  Muscul.
• * 1.17

  Hemingius.
• * 1.18

  Caluin.
• * 1.19

  Deut. 7.
• * 1.20

  Caluinus.
• * 1.21

  ☞
• * 1.22

  Exod. 22.
• * 1.23

  ☞
• * 1.24

  ☞
• * 1.25

  Beza.
• * 1.26

  Idem.
• * 1.27

  ☜