The fourth Chapter. Of Ecclesiasticall lawes, of Traditions, of the discerning of spirits, of Councels, Fathers, and of the Canons, which they call the Canons of the Apostles.
HEre are thrée things to be cōsidered of vs. The first is, whether it bée lawfull for Bishops & Ecclesiasticall men to set forth such maner of lawes and decrées. Se∣condly, if it be lawfull, what manner of lawes those ought to bée. Thirdly, what force they may haue to binde the conscience. As touching the first, wee knowe that all godly men are bound to obey Princes and Magistrates, And that as Paule saieth for conscience sake. Peter and Paule commaund seruantes to obey their Maisters, euen though they be froward. Christ himselfe paide tributes and customes, and was neuer against the lawes. We are commanded to obey parents. And the Magistrate is in stead of a parent as vnto whom our parents haue referred all their power and authoritie. Sa∣lomon in the prouerbes saith. Feare God and honour the king, and meddle not with Seditious men, for their distruction is at hand. But this is true so long as they commaunde nothing against the Lorde. For if that hap∣pen, we must obey God rather than men. Albeit in the Ciuill lawes there be certaine things belonging vnto the necessitie of a Ci∣tie: some vnto decencie onely. It is for ne∣cessitie, that men shoulde punish offen∣ders: vnto decencie, that it may not bée lawfull for a matron to marrie in the time of mourning: which was prouided for by the Romane lawes. Further his purpose also is to be considered who made the Lawe. For some things he would haue to be straitlie and throughlie obserued: and that some things should be certaine prouocatiōs and admoni∣tions. Lastlie in these lighter sorts of decrées we must take héede, that nothing he violated by contempt. The effect is, that men séeing they be not borne to themselues, but to the common weale, shoulde indeuour with all their care to obey lawes.
2 But some thinke that Bishops may not make lawes. And thus to saie they are mooued by no small or obscure Reasons. For first they demaund from whence they should haue that parte: I speake héere of Bi∣shops so farre foorth as they bee Ministers of the word, not in respect that they be ciuill Princes: for the consideration of that matter is otherwise. That power they haue not of Christ, for he neither made lawes, nor yet euer gaue such commaundements to his A∣postles. Wherefore, if Bishops bee so sent from Christ, as he was sent from the father, they cannot make lawes. Further it behoo∣ueth that they which make lawes shoulde haue dominion. But Peter warneth Bi∣shops that they should not beare rule ouer the Cleargie. Besides, hee that writeth laws, it behooueth he haue an interest to pu∣nish: as it is in the Pandects de legibus & Se∣natus consultis out of Demosthenes. For hée saith, that the lawe is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, yt is, the law is a lawfull correction of offences cōmitted willingly or vnwillingly. But the Church hath not the sworde or power of punishing. Moreouer where ye law is, there of necessitie must followe transgression: such is the infir∣mitie of our nature. But Paule woulde not insnare any man. And Iames saith, in the 4. Chapter: There is one lawmaker who can saue and destroy. And Esaie in the 33. Chap∣ter: Thou art our King, Thou art our Iudge, thou art our Lawgiuer. But the Canons de∣cree farre otherwise. Yea & when they speake of them which maie make lawes, they giue the first place vnto the Pope: the second, vn∣to ye Councels and Bishops: the third, vnto Emperours. And of this mind be ye Schoole∣men, as Thomas in Secunda Secundae de Ieiu∣ni: saith, that the Church cannot decrée: at what time and in what manner we shoulde fast. For euen as (saith he) ciuill Magistrates maie declare and ratifie those things which be confusedly and obscurely shadowed in the lawe of nature: so the Church may define & determine those things which be confusedlie taught in the holie Scriptures. And Osti∣ensis de vi Constitutionum saith, that such de∣crées ought to be of that force, that he which cōtenmeth them should be excommunicated. And wee reade in the histories that Victor would haue excōmunicated al the East part,