An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....

CHAP. XIIII. That a man being charged by authority to discouer his knowledge tou∣ching some offence which his Christiā brother is supposed to haue done, is bound to reueale it, though it may breede trouble, and punishment to his brother. and the reasons to the cōtrary are answered, & refuted.

IN the generall distribution made in the Preface before the second part, for matters after to be handled; and which are challenged of vnlaw∣fulnesse, or of impietie by the Innouators: I there noted; that fault is found by them, not only be∣cause oathes be giuen (in criminall causes) vnto the parties themselues: but because they are examined as witnesses also, touching other their complices, and brethrens actions. This their challenge is made, in this respect: for that it is sought (they say) by vertue of their oath, to draw out of them, such their bre∣threns actions; as albeit the lawes of the Realme, and those who are their Iudges, doe holde to be crimes, and offences, and minde to punish them in that qualitie; yet they who are to be exami∣ned, are perswaded; that they are well, and commendably done, whether by thēselues, or any other their brethren. And therfore they doe thinke, that they are bound in conscience, not to take an oath; wherby they may be tied to so vngodly a discouery of their brethrens good actions, whereby they shal bring them to trouble, or punishment. For if they were offences, and crimes, then (say some of them) to remooue euill from the land, they would be ready to reueale them vpon their oath. but being, as they take them to be, (whatsoeuer other men do) by no meanes they may discouer them. And this point is now by most of them (that seeme to be of any skill) chiefly rested vpon (letting other more easily goe) albeit they deliuer it abroad charily, and somewhat fearfully. But the absurdities, and inconsequence of this opinion; I haue some∣what also (by occasion) touched, in the 13. Chapter of this part.

Howsoeuer it is now newly taken vp, and an opinion, which they greatly please themselues in: yet did the Fathers in the Pri∣mitiue Church condemne it for erroneous, and the practise of it, as vngodly. Both are 1 1.1 guiltie (saith S. Augustine) that is aswell he which hideth the trueth, as he which telleth an vntrueth: because the first of these will do no good, the other seeketh to do hurt. So that these

two are matched together by him, as being not much vnlike. A sufficient reason hereof in crimes, may bee taken from those 2 1.2 wordes of the Apostle, where he saith: Euill men, and seducers will goe forward from worse to worse, both continuing in error them∣selues, and leading others into it. And therefore their wickednes, is meete to be discouered; that y^e mischiefe may be preuented. But to this it will be saide, that the case is put, and the controuersie is made, onely where y^e parties to be examined, do not thinke such their brethrens actions, & practises to be euil, or their opiniōs er∣roneous: howsoeuer the Magistrates do otherwise cōceiue of thē.

Let vs therefore cōsider, what is to be thought, & determined concerning the bewraying of our complices and friendes, about matter of heresie, and errour in faith. In which crime of all other, such as knowe their heresies, & ioyne therein with thē; are most resolutely perswaded, their cause to be passing good. Neuerthe∣lesse, if this crime also ought to be discouered & manifested, then much more are all other sortes of criminous persons, especially when (in some sorte) they be discouered before, vnto the Magi∣strate. S. 2 1.3 Iames saith: let him know, that he which cōuerteth a sinner from his erroneous way, viz. being afore seduced from 3 1.4 the trueth; he saues that soule from death, and shall couer a multitude of sinnes. This couering of sinnes is no merit of the conuerters; as if his sinnes were thereby to be wiped a way in the sight of God; as the Pa∣pistes haue dreamed: but it is the hiding & couering of the sinnes of him, who is conuerted. That this is the true sense of the place, appeareth by the circumstance of Salomons wordes, from whom y^t phrase is borrowed: hatred (saith he) 4 1.5 stirreth vp strife, but chari∣tie couereth a multitude of sinnes: euen so farre as with a good con∣science may be done, as Tremellius noteth. If then vpon a sedu∣ced mans cōuersion, a multitude of his sinnes are kept hidden by him, who conuerted him: it wil followe, that if he be not conuer∣ted, but still goe on in his error, such his sinnes may; yea, and ought to be manifested abroad, and discouered. Therefore much more, when (in some degree) they are before reuealed vnto the Magistrate, that makes the Inquirie.

Nay, a perswasion vnto Idolatrie (which is a kinde of heresie, & also is a putting of it in practise) we haue an expresse commande∣ment of God, voluntarily & of our selues to reueale it, how se∣cretly, or by how deare a friend soeuer it be committed, or we

by him intised vnto it. If thy 1 1.6 brother the sonne of thy mother, do se∣cretly entise thee; or if thine owne sonne or thy daughter, or thy wife, that lyeth in thy bosome, or thy friend, which is to thee as thine owne selfe: saying, let vs goe and worship other gods, &c. thou shalt not consent vnto him, nor heare him; neither shall thine eye pitie him, nor shewe him mercie, nor thou shalt not keepe him secret. Where, albeit we be commanded not to consent vnto such seduction: yet is that other parte of the precept of not concealing him, simple, and absolute in it selfe; and without any distinction, whether the partie intised, take holde of the perswasion, or not. For shall not the concealing, be aswel a sinne to him that yeeldeth vnto the seduction, as it is to him who resisteth it?

Saint Augustine sayeth: let 2 1.7 vs then, and not before, trust an here∣tique, who desireth to be receaued vpon his repentance: when he shall be content to reueale vnto vs, such other; as he knoweth to bee of the same opinion. Therefore to discouer their secret complices, was by him holden to be no sinne, nor yet performance of any bad of∣fice. S. Chrysostome to the same effect 3 1.8 saith: This is the office of an especiall wise minde, not to reuenge his owne, but to prosecute migh∣tily the iniuries done to God. And else where 4 1.9 more fully: let vs learne (saith he) by Christes example, courageously to beare the iniu∣ries that are done to our selues: but not to endure so much as the hea∣ring of iniuries done to God. For it is commendable to be patient in our owne iniuries: but to dissemble the iniuries which are done to God, is vngodly and wicked.

Leo the great, an ancient Bishop of Rome, thus exhorteth men to the reuealing of heretiques: 5 1.10 wheresoeuer the Manichees do hide themselues, shewe it vnto your priestes: for it is a great part of godlines, to bewraye the lurking places of the wicked, and to vanquish the deuill him selfe, in those who serue him. And the same Father 6 1.11 else-where more fully: Dearely beloued, I beseech and warne you; that if any of you doe know where any heretiques doe dwell, where they teache, whose companie they frequent, and in whose societie they are delighted; that you would truely shewe it vnto me, who am most carefull hereof. And further a litle after: Those who thinke such are not to be bewrayed, are to feare; least at the Iudgement daye of Christ, they be holden guil∣tie by reason of their silence, yea albeit they be not defiled with assen∣ting vnto them.

The same, which he taught by doctrine, he also 1 1.12 put in vre, by his practise: for it is reported of him, that when Paternus, & Maxi∣mus were Consuls; by the carefull diligence of the said Leo, it was brought to light; that many Manichees lurked priuily in the Citie: Who bringing them forth of their secrete corners into the publicke sight of all the Church; he made them both reueale all their foule opi∣nions, and also to condemne or abiure them: and withall he burned their bookes, whereof great quantities were taken. It seemeth that this care of that holy man, was inspired into him from God; for it did much good, not onely in Rome, but throughout the whole world. Insomuch as by the confessions of such as were apprehended in Rome; it was made manifest, what doctors or teachers, what Bishoppes and what Priestes those of that sect had, and in what prouinces and Cities they were. And many Bishops of the East partes followed this carefull, and good exam∣ple of this Apostolique Bishop. For as 2 1.13 Thomas sayeth; By the very lawe of charitie, the good of religion is alwayes to be preferred, aboue the fame, yea, or the verie liues of the wicked.

3 1.14 Plato but an heathen Philosopher, thought good to tye, all in his common-wealth vnto this lawe: viz. If any man deale im∣piously or vngodly, either by wordes, or deedes; let him that is pre∣sent stand in defence of Gods cause, and also relate it vnto the Ma∣gistrates.

Saint Hierome 4 1.15 requireth of all humble Christians, this dutie, of reuealing, not onely heresies, and erroneous opinions of other men; but also other offences. those (saith he) are truely wise in Christ, who being conuerted vnto God, doe faithfully confesse, and doe by publique repentance satisfie the Church, whether for their sinnes or their heresies: and who not onely doe this, but also discouer those that are meanes to bring them into those crimes, or erroneous opinions.

I haue not hitherto heard of any, besides certaine here∣tiques; who at any time helde the like opinion vnto this of the Innouatours, and factious persons in this Church. Saint Augustine reporteth, that the olde 5 1.16 heretiques called Pris∣cillianistae, did te•…•…che their schollers, not to reueale the do∣ctrine which they learned, yea though they were examined there∣of vpon their oathes. affirming withall, that rather then faile,

it were better to be for sworne, then to discouer it: And therefore this saying was rife in their mouthes; Iura, periura, secretáque prode∣re nolt: Sweare (saye they) yea and for sweare your selues too, ra∣ther then reueale these secrets. This heresie was also afterwarde holden, by an 1 1.17 other sorte of heretiques, in the time of Bernard, that were termed Apostolici. And by certaine other (as it is writ∣ten) that were called Flagellantes where (by the way) wee may obserue, that none in those dayes had learned absolutely to re∣fuse an oathe in a matter made by the Examiners criminous vn∣to the parties examined; or yet to their complices, and brethren. But for not reuealing their owne, or their brethrens secrets, those heretiques of olde time had learned perfitly ynough to conceale the true•…•…h; yea, albeit they incurred flatte periurie, by such their concealement or deniall of the trueth.

I wil now assaye, to answere the reasons, which I haue heard brought, for y^e establishing of this their conceipt. But first I must put you in minde, how vnreasonable, & incōueniēt it is to be ac∣coūted, in al practise of lawes. For whē the defendāt hath deny∣ed a crime obiected, or refused to answere yea or nay, if it might be free (for all y^t by likelyhood can testifie thereof) to make such pretense, to y^e intent to excuse thēselues frō that necessarie dutie vnto y^e commō-wealth; what criminous person could, or were like∣ly to bee euer directly conuicted? whereas, (by the ciuil 2 1.18 lawes) sometimes, he that is supposed to haue appointed the delinquent to doe the facte; he that is his suretie; he that is called into question for the same crime; he that is fellowe, or familiar with the suspected person, may be compelled to sweare & depose of a crime. By the cōmon law, if such (as are supposed can giue euidaece for the Queene) should not oftentimes bee compelled thereunto by authoritie; would there not (in many causes) want due proofe, for iusticeing and for execution of offenders? But to this it is said, that men are but bounde in an obligation or recognizance to prosecute the fel∣lonie. It is true: what other bond shoulde any man enter for his apparance? But if hee refuse that, may he not be sent to the gaole himselfe? And when hee commeth before the Iudges, hee is bounde also by a necessarie oathe, to giue true euidence (to the vtmost of his knowledge) against the prisoner, or person to be tried. Which, if he shall refuse; he is like to stand in boltes

with him, whose fault he mindeth to conceile, as hee well deser∣ueth: and happely may be condemned to pay a rounde fine be∣sides, for his notorious contempt, and for abbetting of offenders, in their lewdnes.

If it be said (as some haue obiected) that it is not amisse to certifie, so the partie bee willing: but that it is hard to bind him (vpon his oath) to testifie, whatsoeuer he knoweth against the de∣fendant, touching that matter: truely I cannot gesse whereunto this speach may tend; except witnesses might say what, and how little they list of the trueth; or els that they would haue mens words to be beleeued against others (to their cōuiction) without any oath. But what matter can be confirmed without oathe in any outward actions of men, not knowen by some sense vnto y^e Iudge? it is the law of nature and nations, to beleeue no man against ano∣ther, without an oath. For why should not any mans bare denial for his owne clearing; bee as strong as many other mens bare words, for his condemnation? quia proniores esse debemus ad absoluē∣dū quàm ad cōdemnandū. Therefore the holy Ghost noting it to be a law of nations, that no mans word (vnsworne) should be recei∣ued, thus testifieth; that an 1 1.19 oath for confirmation, is amongs men (in∣definitely, & therefore most vniuersally) an end of all strife.

It is 2 1.20 told as amaruaile of one (only) amongs y^e heathē, named Zenocrates, for whose bare word, the Athenians (by alawe) de∣creed; that it should be holden of as great force as his oath, in all matters: such was his rare and singular vprightnesse, & integritie.

Touching their reasons, I make this to be the first, as most ge∣neral: viz. Because they haue not iustly incurred the Magistrates displeasure by any offence, therfore they cannot hold themselues bound in conscience, to be the Magistrates iustruments against such; as be none offendours. To which may be added, that they are bound to seeke rather the deliuerance of the Innocent, because it is said: 3 1.21 De∣liuer them that are drawen to death: and wilt thou not preserue them, that are led to be slaine? And it is noted as a sinne in S. Paul him∣selfe, that he 4 1.22 stoode by, consented to Steuens death, and kept the clothes of them that slue him.

As if they should say, We haue gone (in this matter) as farre as our brethren; we know our course to be good, whatsoeuer the lawes or the Magistrates determine or thinke to the contrary;

that doe but seeke to punish vs for it. And seeing we are so well perswaded of all our innocencies, we may not be any instruments of our owne or their further detection: for this were to consent, to haue guiltlesse men punished. But is not this to take vpon thē (being but witnesses of the fact) to iudge also, of the lawe, what it ought to be, and to condemne it as it is? and is it not (in effect) asmuch, as to condemne the lawes of vniustice, and the magistrats of tyrannie, persecution, and of seeking the vexation of innocents?

But if the lawes were such, yet (at the commandement of the magistrate) to tell the particulars of these their actions, so iustifia∣ble (as they thinke) whereof the Magistrates already knowe the generalitie; is not to consent, vnto the punishment of innocents. Doth euery one that confesseth his owne crime, & pleadeth guil∣tie in a cause capitall, consent to his owne death, or is thereby gil∣tie of his owne blood? then why is he more consenting or guiltie to their punishing (due by lawe for these actions) who onely de∣clareth them truely as they are; more thē he that confesseth (be∣ing in deed guiltie) may be said to be guiltie of his owne death? It is a subiects dutie (most especially in causes not capital to him∣selfe) if he be required by authoritie; not to dallie, nor to lie vn∣to the Magistrate, but to tell the fact truely as it was; whomsoe∣uer besides, it may concerne. Now, if thereupon, either the Ma∣gistrate punish it where he ought not, or more grieuously then law permitteth; or if the lawe punish that as a crime, which is a vertue the fault and guilt before God is not in them that declare the trueth, but either in the Iudges, or in the lawe.

Nay, to enforce this point a little further; I would aske this que∣stion of euery of thē that be of y^e side: A man being of necessitie to plead either guiltie, or not guiltie to a crime capital vnto him, or els to be pressed to death; if he be guiltie of the fact, and yet (hap∣pely) he knoweth there can be no pregnant (no nor any likely) euidence brought against him: whether in foro conscientiae, with∣out any sinne, may such a man pleade not guiltie vnto the mat∣ter of inditement? for the time, place, and other wordes of fourme and course, are not trauersable. on the other side, if (in this case) hee pleade guiltie (being so in deede) whether is he (thereby) guiltie of his owne death, or not?

But if for auoyding of sinne before God, such one ought (in conscience) to plead guiltie, rather then lyē; and yet shall not

(thereby) be made guiltie of his owne death: why shall y^e decla∣ring of the trueth, touching other mens actiōs, make him y^t reuea∣leth it (being charged thereunto) guiltie or cōsenting vnto their punishmēts, how vniust soeuer (otherwise) they might be surmi∣sed to be? for if any mans faults may be spared, a man might most lawfully spare himselfe: quia Ordinaria charitas incipit à seipsa.

And to presse this reason (à Paribus at least, if not à fortiori) a little further: If such a man shoulde chuse rather to be pressed to death for standing wilfully mute, and not answering directly vn∣to either; should he not de iure poli (euen in true termes of Diuini∣tie) be accounted guiltie of his owne death, & to be (in the sight of God) a murderer of himselfe? the very like therefore is to bee iudged of these persons, viz. that their punishment (as cōuicted of the crime) is most iust; that their blood is vpon their owne heads; & that none are causes of y^e punishment inflicted vpon them, but themselues; for standing obstinately mute, without direct answe∣ring (in fourme of lawe) as they ought: though it were admitted, that such their actions, whereof they bee interrogated, were all good, and they innocents.

And as the reuealing of other mens actions (when we are du∣ly charged) maketh vs not guiltie, or consenting to their punish∣ment: so our refusing to answere, neither is any meanes (in deed) nor yet is so appointed of God, to serue for their deliuerāce. For God wil not allowe to haue innocents deliuered, by our disobedi∣ence to his Lieutenāts on earth; nor by concealemēt of any trueth, expedient to be knowen, & (according to law) commanded to be declared. And therefore y^e place of the Prouerbes by thē brought, fitteth not this purpose. For if they for their obedience sake, with a single heart & without intent to hurt the innocent, and being charged; shall deliuer but the very plaine trueth (how vniustly soeuer the magistrate may seeme to deale afterward) yet shal not the discouerer of the trueth, bee a partaker of the magistrates sinne. For it is but he 1 1.23 which imagineth to doe euil, whome men shall call an authour of wickednesse, as is recorded in the same Chapter.

The other place out of y^e Acts is nothing like to y^e matter & case, that we haue in hand. For Paul was not there charged by autori∣tie, to bewray any thing he knewe against Steuen, much lesse to deale at all in that action. But hee (willingly) as one forwarde

of himselfe and of a malice against the very profession (which he then detested) did thrust himselfe into the cause, and rather then he would not be some stickler in it; he thought good to do some office of kindenes vnto the tormēters & executioners of that holy Martyr, though it were but by keeping their clothes: & thereby he directly, gaue approbation and consent, vnto Steuens death. Yea, this their opinion is without any other like example in a∣ny text of Scripture; except perhappes they will gather it from an obseruation and note pretended to be collected from the next Chapter following. For I finde an opinion collected thence, which iumpeth with theirs, in this behalfe. 1 1.24 If thou bee put to an oathe (saith that note) to accuse Catholikes for seruing God as they ought to doe; or to vtter any innocent man vnto Gods enemies and his: thou oughtest first to refuse such vnlawfull oathes. But if thou haue not constancie and courage so to doe, yet knowe thou that such oathes binde not at all in conscience, and lawe of God: but may and must be broken, vnder paine of damnation.

They will not confesse, that they haue sucked this opinion from hence: and they may not be endured to flappe vs out with * 1.25 their olde dogge tricke; and to say they borrowed it not of the Pa∣pistes, but obserued so much themselues, by reading of the Bible. For this were both to iustifie their owne; and with-all, this corrupt doctrine of the Iesuites, as if they both (so well agreeing toge∣ther) were arightly grounded vpon the worde of God.

But they bring seuerall places and examples, whereby they thinke this is prooued. The officers of the children of Israel, that were appointed by Pharaohs taske-masters, to looke; that the people shoulde make as much Bricke by day (and gather the strawe themselues) as they did when strawe was found to their handes; seeing that the people were not able to perfourme it, and yet were beaten for not doing it; did signifie the impossibi∣litie & vnreasonablenes of this, vnto the king. But the king gaue them a resolute answere; that they shoulde doe it; vpbraiding them, that it was but idlenesse, which made them pretend, that they would goe to offer sacrifice vnto their God. Which thing was the ground of Moyses and Aarons suite vnto him, that the people might haue leaue, to goe into the wildernesse. So when these officers comming with this hard answere from the king; did

meete with Moyses and Aaron, they expostulated thus with them: Ye 1 1.26 haue made our sauour to stinke before Pharaoh and his ser∣uants, in that ye haue put a sword in their hands to slay vs: meaning that their sute for going forth to sacrifice, did so discontent y^e king; that he would (in that respect) oppresse them, euen vnto death.

But what is this to purpose? doth this phrase of putting a sword into another mans hand so please these men, that they will ima∣gine; by what occasion soeuer a wicked man pickes quarell to oppresse Gods children; that such a thing whereupon the oc∣casion is taken (of necessitie) is vnlawfull to be done? from the best actions of godly men, tyrants will oftentimes take occasion, to persecute the whole Church. shall therefore all exercises of religion be intermitted?

Euen in this place, the message that Moyses and Aaron brought to Pharaoh (which occasioned such oppression to the children of Israel) was put in their mouthes by the Lord. And therefore they sinned not, albeit this was like to haue turned to be as a sword, to destroy vp all the children of Israel: but rather these officers did offend, that thus did mutine and grudge against those, who fulfilled Gods cōmandement, and did but as they ought to do. Euen so shall they offend likewise, that shall be displeased with such, as doe what they are lawfully commanded; albeit trouble and punishment by that occasion shal happen vnto them, that so take offence. So that this example doth make flat against their owne purpose and intention, and can no way helpe them.

Another example they bring, of 2 1.27 Obadiah: who hid 100. Pro∣phets in two caues secretly, and susteined them with necessaries, when Iesabel slewe the other Prophets, whom she could hit vpon.

But this commeth farre short of the purpose, for which it is brought. For who euer denied it to be lawfull to shewe charitie vnto the Lords Prophets? then, there appeareth no commaunde∣ment to the contrary, but that he might receiue them. againe, it doth not appeare, that he was euer (by authoritie) charged to reueile them; or to tel his knowledge what was become of those Prophets: and therefore it is vnlike to the case in handling. fur∣thermore, it was (wholly) an vniust, wilfull, and tyrannous per∣secution, without warrant of law, or colour of any iudiciall pro∣ceeding. besides, if he had bene charged by Iesabel to discouer

where they were, or had beene commaunded by her to relieue none such; yet had it bene no disobedience towards the Magi∣strate. for it is not noted to be the doings of the king, but that Iesabel slew them. Now, the kings wife is no soueraigne; but a sub∣iect her selfe. Moreouer the killing of the Prophets, for no pre∣tence or colour of cause at all; is in it selfe so apparant an euill, as no man can haue any shadow, to giue a lawfull consent vnto it. Lastly, a man cannot gather a generall doctrine (in a matter doubt∣full, and not plainely deliuered els where in Scripture) out of any particular mans fact: because all the circumstances which then fell out, are not knowen. But most especially, an example can ne∣uer serue to the ouerthrow of the generall commandement, of obeying the Magistrate. And, viuendum est legibus, non exemplis.

Out of the first booke of Samuel, they bring three other ex∣amples. * 1.28 The first, that Saul spake to Ionathan his sonne and to all his seruants, that they should kill Dauid: but Ionathan Sauls sonne, had a great fauour vnto Dauid, and bade him take heede &c. The second, when Saul said to Ionathan: Send and fetch Dauid vnto * 1.29 me, for he shall surely die: Ionathan answered, Wherefore shall hee die? What hath he done? the third, that when Saul commanded his seruants to fall vpon the Priests of the Lord, & to slay them; they would * 1.30 not moue their hands, to fall vpon the Priests of the Lord.

To these three, one answere may serue, and therfore they are thus set together. First, these commandements (though of the king) yet they were, when he was enraged and in a furie; after the Lord was departed from him, & an euil spirit was come vp∣on him. Againe, it is apparantly vngodly in it self for any to kill an Innocent, vpon the tyrannous and vnaduised commandement of the king; euen without all colour of any lawful Iudiciall course. Lastly, Dauid was knowen vnto them, to be afore appoynted, yea, & their annointed king from the Lord; howsoeuer Saul was tolerated de facto to continue in place: till the measure of his ini∣quitie was fulfilled. And therfore (in this respect) was it vnlawful to kil, either him, or those that fauoured him; especially the Lords Priests: whose linnen Ephod should be a protection vnto them, a∣gainst * 1.31 al such precipitate executions: where neither conisance of their cause, nor any due conuiction and iudgement, was precedent.

Another example they bring, of the mid wiues of the Israelites,

to proue their intention. It is thus written, they feared God, and did * 1.32 not as the king of Egypt commanded them, but preserued (aliue) the men children.

This obiection carrieth his answere with him. For it is said, they feared God, & therefore did not herein, as the king cōmanded: noting vnto vs, that the cōmandement was such, as could no way stand with the feare of God. There is no Prince in the world to bee o∣beyed, when he commaundeth any thing directly forbidden by God: for it is better to obey God then man. The Prince is no God, nor yet Gods Lieutenant, but a meere man; in that which he cōmandeth directly contrary to God. That this was of that kinde, it appeareth: for to kil, is (manifestly) by y^e moral law of God & na∣ture, forbidden. Yet this hath his exception: viz. that it is no mur∣der, when we execute the penaltie of lawe, vpon murderers & o∣ther wicked persons, duely conuicted & condemned. For he that * 1.33 sheddeth mans blood, his blood shall be shed by man, saith the Lord. But there could be no colour or apparance of any actual wicked∣nesse in children newly borne, why they should be executed: be∣ing but by a generall iudgement condemned most wickedly and tyrannously; euen before they were. non censetur existere (saith the law) qui adhuc est in vtero matris.

Now let vs compare these last foure examples, with the scope and purpose, for which they are vsed. The very act of murdering a person notoriously innocent, in that he is neither conuicted, nor condemned, is malumper se: a thing simply and absolutely in his owne nature euill, without any further circumstance. But to de∣clare what a man knoweth to be done by another; the very au∣thours themselues of this opinion, must needes confesse to bee sometimes lawfull and requisit: and therefore they must at least graunt it to be medius Actus: such as (by circumstance) may be lawfull; howsoeuer by the circumstances of this case (as it is pro∣pounded) they will (perhaps) hold it vnlawfull. And therefore there is such dissimilitude and diuersitie betwixt these examples, and that which they holde; as they can neuer serue this purpose.

Therefore to fit their turne, in the very poynt of the issue, they must proue vnto vs: that it is vngodly, for any man (though char∣ged by lawfull authoritie) to declare his knowledge of ano∣ther mans actions; if hee that is vrged so to make declaration,

doe iudge afore-hand; that the Magistrate mindes to punish such action, either where he ought not at all, or in other sort, then Gods law permitteth.

For this purpose, they alledge as strongest, the example 1 1.34 of Rahab: who would not tell the king of Iericho, where the two spies of Israel were; though she were by him commanded to bring them foorth; and she is commended for it, by the 2 1.35 holy Ghost.

In answere hereof I say: we reade not, that the king asked her, whether they were there still, or not; albeit shee 3 1.36 answe∣red that they went out: but she was commanded to bring them forth; which is something more, then to tell where they were, if she had beene so asked.

Secondly, by 4 1.37 faith (vpon hearing the miracles that God had done, and wrought for the children of Israel) and by special reue∣lation; Rahab knew, that God, 5 1.38 euen the God of heauen aboue, and earth beneath, whose the earth is, and the fulnesse thereof, and who (according to his prouidence and wisedome) doth translate and establish kingdomes, as it seemeth best to his diuine pleasure: had afore that, giuen that whole 6 1.39 land, vnto the children of Israel. So that in very right and trueth, she did owe no more obedience to the late king of Iericho; but was by God discharged thereof, and lawfully might (as she did) submit her selfe, & capitulate (for her safegard) with the embassadours of those; to whō (of very right) her subiection then belonged, and therefore could not (without sinne) haue betraied them, being sent frō Ioshua her lawful soue∣raigne; into the hands of an vsurper; whō she knew perfitely the Lord had deposed, & 7 1.40 meant soone after, to destroy accordingly.

This interpretation is euidently & very strongly confirmed by that place of Scripture, where she is, for this, cōmended. By 8 1.41 faith (saith that place) the harlot Rahab perished not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, with the disobedient, when she had receiued the spies peaceably. If then the rest of Iericho were disobedient (in respect of which, Rahabs obe∣dience & peaceable receiuing of them are cōmended) & therfore they perished by the hand of Ioshua & the people: is it not mani∣fest, that Ioshua was their lawfull Magistrate in right, and that they ought to haue taken knowledge thereof, and to haue obeyed him, at their owne perils?

Lastly, there is in this fact something extraordinarie, as done

by spectall oeconomy, which, by vs may not safely be followed. As the lye that shee made, in 1 1.42 saying, shee wist not whence they were, and that they went out in the euening. And likewise, it is not to be presumed by any subiects in these dayes (when as miraculous, and speciall reuelations are ceased) to adiudge themselues either wholly, or in some particular actions & circumstances, to stand discharged of their obedience and alegeance towards their Soue∣raigne or vndermagistrates; when, and how farre, themselues wil fansie. For if by this and such like extraordinarie examples (or by that of Obadiahs hiding of the hundred Prophets) such presump∣tion were lawfull or tolerable: what a goodly colour might all disobedient and rebellious subiects haue, namely vnnatural fu∣gitiues ouer sea, Iesuites, Seminarimen, recusants, concealers & har∣berours of these, and such like boutifeux & bellowes of sedition, for all their godlesse attempts? are they not, or at least will they not pretend, to be as assured and resolute of the goodnes of their cause, as the Disciplinarians are touching theirs, & their designe∣ments? so that for these men, that would be counted most sincere professors of the Gospel, to holde the like dangerous positions, & to seeke to confirme them, with the same & no better reasons and examples then the Papists doe theirs: for my part, I doe recken it to be the practise and part, neither of grounded and iudicious Diuines, nor of well aduised or duetifull subiects, quorum vesti∣gijs insistunt, eorundem exitus perhorrescant.

But they say further: that by such oath, they should be drawen to discouer vnaduised speeches, that sometimes passe men in priuate fe∣lowship, as at table &c. or such as come vnto them for counsell, and for priuate resolution of their consciences.

First, there is no man bound to answere more matters then be conteined in the Article or Interrogatorie, whereof he is exa∣mined. But if any matter be therein layde downe in such sort, as it leadeth (pertinently & directly) to such discouerie: then is it likely, that by some meanes it is detected vnto the Magistrate afore, and by him thought expedient (for some necessarie pub∣like cause) worthy of such Enquirie. Againe, if such priuate talke or asking of counsell haue bene cōcerning some platte or practise laid or to be laide, that shall (in discretion) be adiudged by the Magistrate expedient (for the common wealths sake) to bee

knowen and discouered; and therefore if they shall enquire di∣rectly of it: I can not see, howe it may stand with any mans du∣tie to God, vnto the Prince, vnto Lawes, & to the Common wealth to conceale it, being charged to the contrary. But of other se∣cret speeches, treaties, and resolutions of mens consciences; no Magistrate is of so slender discretion, as to enquire; nor can by lawe (though hee would) for want of those indicia and speciall presumptions and inducements that are required, to ground an en∣quirie vpon: and therefore this is but matter deuised, ad concitan∣dam & conflandam inuidiam, against lawfull authoritie.

They alleage also, that by their discouerie, some that be very poore may be vndone: and that the most of the matters and persons be∣ing already knowen vnto authoritie, there can be none vse for them to appeach any, but to alienate their mutuall affections, and to haue one another in ielousie.

This is very loose & simple, to reason vpō a casuall euent which may happen, thereby to prooue a thing vnlawfull. for of a good matter, an ill euent may, and doeth often fall out, & è conuerso. Careat successibus opto, quisquis ab euentis facta notāda putat, could the very heathē Poet say. And why should a mā withdraw his duty to Magistrates, onely for particular & priuate respects touching himselfe, and some few other priuate persons? Whatsoeuer may happen, let him doe as he ought: Fiat iustitia, & ruat mundus.

Particularly to the first, why should any man pitie his pouertie, that pitieth not himself, but wilfully runneth into dāger of lawes? & shal a man holde a poore man more deare vnto him, then the common quiet & peace of the Church and Common wealth both?

The second part implieth a contradiction in itselfe: for if the matters and persons were sufficiently knowen; then (in trueth) were it of no vse, for the Magistrate to enquire further, yet if they be so knowen already, then what wilfulnesse is it in these men, thus obstinately to persist to their owne hurt, and yet to doe o∣thers no good thereby?

They obiect further, that to discouer their brothers secrets, is condemned as a fault, by the Holy ghost: for 1 1.43 he that goeth about as a slanderer, discouereth a secret, but he that is of a faithfull heart concealeth a matter. And seeing they haue met in some mens houses that did it for good affection and opinion vnto them; if they should dis∣couer

such, it were a very vnthankefull requitall (they say) towardes them. And for that their felowship is in the trueth, & the course they walke holy, therefore (euen by the law of loue and felowship) they may not detect one another: for that were a note of a false brother.

As for the trueth of the matters that they meete about, & the ho∣lines of the course they walke, it is not of this place to discusse: how holy and true soeuer it is, it dare not looke out at noone dayes: and yet we liue in a state professing the Gospel. Num sic Apostoli? num sic Martyres, &c? but y^e more true & holy it is, the lesse ought they to be ashamed to reueile it (being called into question for it) as is signified afore. Here (we see) that the law of their loue and felowship, and ius hospitale, towards such their priuate friends, as haue receiued them; is by them, more esteemed & accounted of; then either the publike lawes and statutes of the realme, or, then their duetie to the Christian Magistrate, and to their countrey, quae 1 1.44 omnes omnium in se charitates complectitur.

As for the discouering of a secret, of concealing a matter, & false brotherhood there spoken of; who doeth not see, that it is meant of needlesse, slanderous, malicious, and trecherous bewrayings of our friends, or of others secrets; and not of any iudiciall deposing of our knowledges, when we are brought before a Magistrate? For if this were not lawfull and godly, then might no witnesse testifie a trueth in any matter whatsoeuer, that is not knowen a∣broad afore, or vnto the Magistrate: for that it can not but turne to the declaring of some matter, doubted of or not perfitely knowen. The cōmon translation fortifieth this interpretation, viz. qui ambulat fraudulenter, reuelat arcana, qui autem fidelis est, celat amici commissum. Therefore Aquinas 2 1.45 expounding the true mea∣ning of that place of the Prouerbs, saith: that such matters as tend to the corrupting either of the soules or bodies of a number; or to the great detriment of any one priuate person, a man that knoweth them, is (in conscience) bound straightway to reueale them.

Thus farre in answere of their reasons, who (of such as pro∣fesse the Gospel) gaue the first example of disobedience in our dayes, by refusall to take oath, in this respect; viz. for that they were vrged to testifie of their fellowes, aswell as of their owne actions, whereof they were interrogated.

But an example of William Thorpe, who is said by y^e Treatisor to

haue refused an oath, about 160 yeres since, vpon this considera∣tion amōgs others: doth most aptly (I thinke) take his place here.

For when 1 1.46 Archbishop Arundell (before whom he was conuen∣ted, vnder pretense of Lollardie) offered him fauour, if, amongs other matters he would be sworne to forsake his opinions, to withstand all such as should holde the same opinions, & (in case they should not be reformed) to put them vp in euery Diocesse, where he came vnto the Bishops: he refused this fauour vpon a∣ny such condition: because, he would not (as he sayd) become euery Bishops espie, and Summoner of all England: nor giue such offence, as to be accounted to haue forsaken the trueth.

In answer whereof, I say, that this was but a fauor voluntarily offred vnto him vpon that condition; and that oath was none o∣therwise exacted of him, nor yet by lawe might be exacted. Inso∣much, as no man is (by law) bound to make any such promise, or to enter into such a course. Againe, there was no speciall opinion in particularitie charged vpon him, which he should be sworne to forsake, & should detect others of; except he should be bound to forsake all that he had learned in Scripture concerning the feare & seruice of God. and therefore it is nothing like vnto the case, against which, wee doe here argue. For those Innouators, which were authours of this opinion, had particular articles con∣cerning their owne, and others actions, treaties and conclusions obiected vnto them: which were also afore-hand conueniently (though not in euery necessarie particular) knowen, and dis∣couered afore vnto the Magistrates. vnto which (albeit after many tergiuersations, and much a doe) they answered at last in the Starre-chamber vpon their oathes that which touched their owne facts only: yet vnto no more thereof would they answer, then they presupposed & gathered to be afore knowen, suffici∣ent for their conuiction, though they should haue concealed it. But what other company they had, thē those who were defen∣dants at that time, or in whose houses such Synodes, and treaties were held; they pretended themselues bound in conscience, not to answere. And yet the Iudges of the land, twise, or thrise ouer∣ruled it, and signified so much vnder their hands; that (by lawe) they ought, and were bound, to answere the Interrogatories pre∣ferred concerning ech of their complices and partakers.

It may be, that the Note-gatherer also by one of his quotatiōs, meant to enforce 1 1.47 Tindalls authoritie against vs, in this behalfe. For he writeth, that if a wicked Iudge aske him that hath sworne, of things hurtfull to his neighbour, and against the loue that is in Christ: then he must repent that he hath sworne, but not sinne againe to ful∣fill his oath. I make no doubt, nor do gainesay it, but if mine an∣swer shalbe, both against the loue that is in Christ, & also to my neighbor hurtfull: that an oath cannot tie me, to answer in such a case; yet if Tindall thought, y^e whatsoeuer may bring punishmēt vpon my neighbor is of that nature: then must he giue me leaue to doubt of the soundnes of his iudgement herein; no lesse then, the Note-gatherer himselfe will do vpon the pointes afore tou∣ched; and many other conteined in Tindalles workes; and no lesse then hee will doe vpon the Rhemish note agreeing wholly with Tindall here, and touched by me afore.

He seeketh also to ouerthrowe (howbeit but generall oathes, which none defends) by cōparing them to the doings of Long∣land sometimes Bishop of Lincolne, against whom he most bit∣terly inueieth, for constraining children (by oath) to accuse their parents &c. of heresie: whereof some (he saieth) chose rather to bee forsworne: and bringeth Master Foxe his condemnation thereof. But I gesse what it is which chiefly pincheth the man in this sort: belike, because certaine of his Clients whome hee would patronize; were lately required to discouer their com∣plices in their disciplinarie assemblies.

I can easily yeelde, that where great presumption or perill of periurie is, rather then a man wil discouer a trueth, that there, and vnto such, it is no good discretion to minister an oath. but especially against the life of those, who attaine so neere vnto vs in proximitie of blood, or other no lesse strong affection. For the ciuil law saith, Filius nō torquetur in caput patris; a child ought not to be tortured in a point of perill, vnto his fathers life. And the like reason, which is in torture, may (by some perhaps) be thoght to be also in an oth. against his fathers life. But we may not make this a general doctrine; as if in no case whatsoeuer a childe, or such like might be examined in a point capitall to his father &c. For if the matter do concerne treason against the Prince, or the common wealth; I make no doubt, but that, a man may, & ought

to be tortured, euen against his natural father, and others, howe neere soeuer. But if this be lawful for treason against man, much more then, for that which is heresie indeede; being no lesse then treason against the diuine maiestie of God himselfe, who is King of kings, and Lord of all lords. Thus farre touching their rea∣sons, and allegations from d•…•…uinitie and diuines.

So that al their obiections being refuted, I will nowe presse them in this point, but with one pregnāt place out of 1 1.48 Leuiticus; which is also handled more fully by me in the 11. chapter of this third part, viz. If any haue sinned, that is, if he haue heard the voice of an oth, and he can be a witnes whether he hath seene, or knowen of it. if he do not vtter it, he shal beare his iniquity. But these (of whom we speake) haue heard the voice, and forme of the oath, haue bene adiured in God, and in her Maiesties name; and by authoritie charged and recharged, and they can beare witnesse, for they haue seene, and know the matters (whereof the charge is, as themselues do confesse) and yet they will not vtter them in particular, but obstinatly, without any good ground (as may appeare) do per∣sist in refusall: and therefore they do grosly sin, and shall beare their owne iniquity, indistinctly; whether the matters to be vttered be cōmendable in their brethrē, or not; & whether they shal (there∣by) be brought into trouble, & vnto punishment, or otherwise.

Much might be alledged out of the common lawe, and statutes to proue thereby, the lawfull exacting of a necessary oath, for dis∣couery of our christian neighbors crimes and offences; aswel such of them, as be but mala quia prohibita; as those which in their owne nature be euill, and be therefore forbidden.

As that grand Iuries at Assises, & Sessions are vrged by oath to enquire, & present treasons, murders, & other felonies, breach of the peace, violation of sundry lawes & statutes, common Nusances &c.

That if a 2 1.49 tythingman, &c. refuse to make presentment, the steward of the Leete may amerce him: And in an action of debt brought he shall not wage his lawe, vpon that amercement.

That by a 3 1.50 Statute, chiefe constables, and bailifes were to giue e∣uidence vpon their oathes, touching vnlawfull retainers within the precinct of their offices: and vpon concealement, were to be punished. with such like a great number.

But because the Innouators, who are nowe the most especiall

defenders of this opiniō, both by argument & practise, do make no accoūt at al of any humane lawes: whensoeuer they list to fan∣sie vnto themselues a cōdemnation & contrariety of such lawes vnto the word of God, as in this case they doe: therefore I will no further trouble myselfe, or the Reader, in that course.

Notes

• 1 1.1

  Augustin. ad Casulanum.
• 2 1.2

  2. Timoth. c•…•…, 3. v. 13.
• 2 1.3

  Iacob. ca. 5. v. 20.
• 3 1.4

  Ibid. v. 19.
• 4 1.5

  Prou. ca. 10. v. 12.
• 1 1.6

  Deut. 13. v. 6. 7. 8.
• 2 1.7

  Aug. ep. 74. ad Deuterium.
• 3 1.8

  Chrysost. in psal. 5.
• 4 1.9

  Chrysost hom. 5. in opere im∣perf.
• 5 1.10

  Leo magnus ser. 4. de colle∣ctis.
• 6 1.11

  Idem. serm 4. de ieiunio decimi mensis.
• 1 1.12

  Prosper. Aqui∣tan. in Chronico.
• 2 1.13

  Thom. Aqui. 2. 2. q. 33. art. 7.
• 3 1.14

  Plato. li. 10. de legibus.
• 4 1.15

  Hierom. in 15. cap. Iob.
• 5 1.16

  August. in lib. de haeresibus.
• 1 1.17

  Bernard. Serm. 65. & 66. in canti∣cum.
• 2 1.18

  〈◊〉〈◊〉. 6. § 4. C. de his qui ad eccles. consugiunt.
• 1 1.19

  Heb. 6. v. 16.
• 2 1.20

  Alex. ab Alex. Gen. Dierum. Lib. 5. cap. 10.
• 3 1.21

  Prouerb. 24. ver. 11.
• 4 1.22

  Actes 22. v. 20.
• 1 1.23

  Prouerb. 24. ver. 8.
• 1 1.24

  Rhemish Testa∣ment, in annotat. cap. 23. Act. A. post. ver. 12.
• * 1.25

  T. C.
• 1 1.26

  Exod. 5. v•…•…. 21.
• 2 1.27

  1. Reg. 1•…•…. ver. 4, 13.
• * 1.28

  1. Sam. 19. ver. 1. 2.
• * 1.29

  1. Sam. 20. ver. 31. & 32.
• * 1.30

  1. Sam. 22. ver. 17.
• * 1.31

  Ibid. ver. 18.
• * 1.32

  Exod. 1. ver. 17.
• * 1.33

  Gene. 9. ver. 6.
• 1 1.34

  Iosh. 2. ver. 3. & 4.
• 2 1.35

  Heb. 11. ver. 31.
• 3 1.36

  Iosu. 2. ver. 5.
• 4 1.37

  Heb. ibid. & Iosu ibid. V. 10.
• 5 1.38

  Ibid. ver. 11.
• 6 1.39

  Iosu. Ibid. V. 9.
• 7 1.40

  Ibid. ver. 13.
• 8 1.41

  Hebr. ibid.
• 1 1.42

  Ios. 2. v. 4. & 5.
• 1 1.43

  Prou. 11. v. 13.
• 1 1.44

  Cicero offic. li. 〈◊〉〈◊〉.
• 2 1.45

  The. Aquin•…•… 2. 2.
• 1 1.46

  Fox. fol. 146. 147. 148. 1. editi.
• 1 1.47

  Tindal. in re∣spons. ad Moru•…•… pag. 309.
• 1 1.48

  Leult. 5. vers. 1.
• 2 1.49

  10. H. 6. 7.
• 3 1.50

  19. H. 7. ca. 14.