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A06013 The diocesans tryall Wherein all the sinnews of D. Dovvnames Defence are brought unto three heads, and orderly dissolved. By M. Paul Baynes. Baynes, Paul, d. 1617. 1618 (1618) STC 1640; ESTC S102042 91,040 104

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Bishops for even since those contentions wherein some said I am Pauls others I am Apollos they were set up by generall decree which could not be made but by the Apostles themselues And in Psal 44. he maketh David to prophesie of Bishops who should be set up as the Apostles Successors Answer First we deny the proposition For first this doth presuppose such an assistance of Gods spirit with the Church that she cannot generally take up any custome or opinion but what hath Apostolicall warrant whereas the contrary may be shewed in many instances Keeping of holy dayes was a generall practise through the Churches before any Councell enacted it yet was no Apostolicall tradition Socrat. lib. 5. cap. 22. Evangelium non imposuit hoc ut dies festi observentur sed homines ipsi suis quique locis ex more quodam introduxerunt Taking the Eucharist fasting the fasts on wednesday and Saturday fasting in some fashion before Easter ceremonies in Baptising the government of Metropolitans were generally received before any Councel established 2 It doth presuppose that the Church cannot generally conspire in taking up any custome if she be not led into it by some generall proponent as a generall representative Councell or the Apostles who were Oecumenicall Doctors but I see no reason for such a presumption 3 This doth presuppose that something may bee which is of Apostolicall authoritie which neither directly nor consequentlie is included in the word written For when there are some customes which haue been generall which yet cannot bee grounded in the word written it is necessarie by this proposition that some things may be in the Church having authoritie Apostolicall as being delivered by word unwritten For they cannot haue warrant from the the Apostles but by word written or unwritten To the proofe we answer That of Tertullian maketh not to the purpose for hee speaketh of that which was in Churches Apostolicall as they were now planted by them which the sentence at large set downe will make cleare Si constat id bonum quod prius id prius quod est ab initio ab initio quod ab Apostolis pariter utique constabit id esse ab Apostolis traditum quod apud Ecclesias Apostolorum fuerit sacrosanctum Touching Austins rule we would ask what is the meaning of these words Non nisi Apostolica authoritate traditum rectissimè creditur If they say his meaning is that such a thing cannot but in their writings be delivered they doe pervert his meaning as is apparent by that Cont. Don. lib. 2.27 Consuetudinem ex Apostolorum traditione venientem sicut multa non inveniuntur in literis eorum tamen quia custodiuntur per universam Ecclesiam non nisi ab ipsis tradita commendata creduntur And we wish them to shew from Scripture what they say is contained in it If they yeeld he doth mean as he doth of unwritten tradition we hope they will not iustifie him in this we will take that libertie in him which himselfe doth in all others and giveth us good leave to use in his owne writings Now count him in this to favour Traditions as some of the Papists do not causelesly make this rule the measuring cord which doth take in the latitude of all traditions yet wee appeale to Austines judgement otherwhere who though by this rule hee maketh a universall practise not begun by Councels an argument of Divine and Apostolicall authoritie yet dealing against Donatists Lib. 1. Don. cap. 7. hee sayth he will not use this argument because it was but humane and uncertaine ne videar humanis argumentis illud probare ex Evangelio profero certa documenta Wee answer to the assumption two things First it cannot bee proved that universally there were such Diocesan Bishops as ours For in the Apostles times it cannot bee proved that Churches which they planted were divided into a mother Church and some Parochiall Churches Now while they governed together in common with Presbyters and that but one congregation they could not bee like our Diocesan Bishops And though there bee doubtfull relations that Rome was divided under Eva●istus yet this was not common through the Church For Tripartite story testifieth that till the time of Sozomen they did in some parts continue together Trip. hist lib. 1. cap. 19. Secondly those Bishops which had no more but one Deacon to helpe them in their ministerie toward their Churches they could not be Diocesan Bishops But such in many parts the Apostles planted as Epiphanius doth testifie Ergo. Thirdly such Countries as did use to have Bishops in villages and little towns could not have Diocesan Bishops But such there were after the Apostles times in Cyprus and Arabia as Sozom. in his 7. book cap. 10. testifieth Ergo Diocesan Bishops were never so universally received Secondly Bishops came to bee common by a Councell sayth Ambrose Prospiciente Concilio Amb. in 4. ad Eph. or by a Decree passing through the world toto orbe decretum est sayth Ierom ad Evag. which is to be considered not of one Oecumenicall Councell but distributively in that singular Churches did in their Presbyteries decree and that so that one for the most part followed another in it This interpretativè though not formalitèr is a generall decree But to thinke this was a decree of Pauls is too too absurd For besides that the Scripture would not have omitted a decree of such importance as tended to the alteration of and consummation of the frame of Churches begun through all the world How could Ierom if this decree were the Apostles conclude that Bishops were aboue Presbyters magis consuetudine Ecclesiae then Dominicae dispositionis veritate If the Doct. do except that custome is here put for Apostolicall institution let him put in one for the other and see how well it will become the sense Let Bishops know they are greater then Priests rather by the Decree of the Apostle then by the truth of Christs disposition Is it not fine that the Apostles should be brought in as opposites facing Christ their Lord And this conclusion of Ierom doth make me think that decretum est imported no more then that it was took up in time for custome through the world Which is elegantly said to be a decree because custome groweth in time to obtaine vim legis the force of a decree But Ambrose his place is plain Prospiciente Cōcilio he meaneth not a councel held by Apostles For he maketh this provision by Coūcel to haue come in when now in Egypt Alexandria Presbyters according to the custome of that Church were not found fit to succeed each other but they chose out of their presbyteries men of best desert Now to Heraclas and Donysius ther were a succession of Presbyters in the Church of Alexandria as Eusebius and Jerom both affirme Wherefore briefly seeing no such universall custome can be proved all the godly fathers never conspired to abolish Christs institution Secondly
institute in the Churches which they had planted for their further building them up they were their next successors But the Apostles did commend the Churches to the care of Presbyters who might build them up whom they had now converted Ergo these were their successors most proper and immediate Thirdly these to whom now taking their farewels they resigned the Churches these were their successours But this they did to Presbyters Paul now never to see Ephesus more Act. 20 Peter neere death 1. Pet. 5.2 Ergo. Fourthly if one Pastor or Minister doe more properly resemble an Apostle then another it is because hee hath some power Apostolique more fully conveyed to him then to another But this was not done Ergo. The assumption is manifest for First their power of teaching and ministring the Sacraments doth as fully and properly belong to the Presbyter as to any unlesse we count Preaching not necessarily connexed to a Presbyters office but a Bishops or at least that a more rudimentall preaching belongs to a Presbyter the more full and exact teaching being appropriate to the Bishop which are both too absurd Secondly for government the Apostles did no more giue the power of government to one then to another Obj. This is denyed for the Apostles are said to haue kept the power of ordination and the coerciue power in their own hands to haue committed these in the end onely to Apostolique men as Timothy Titus who were their successors succeeding them in it Ans A notable fiction for it is most plain by Scripture that ordination power of deciding controversies excommunication were given to Presbyters and not kept up from them they should otherwise haue provided ill for the Churches which they left to their care Secondly if the Apostles did commit some ordinary power of government to some men aboue others in which regard they should be their successours then the Apostles did not onely enjoy as Legates power over the Churches but as ordinarie Ministers For what power they enjoyed as Legates this they could not aliis Legare Power as ordinary Pastors in any Nations or Churches they never reserved and therefore did never substitute others to themselues in that which they never exercised nor enjoyed And it is to be noted that this opinion of Episcopall succession from the Apostles is grounded on this that the Apostles were not onely Apostles but Bishops in Provinces and particular Churches For the Papists themselues urged with this that the Apostles haue none succeeding them they doe consider a double respect in the Apostles the one of Legates so Peter nor any other could haue a successour The other of Bishops Oecumenicall in Peter of Bishops National or Diocesan as in some other Thus onely considered they grant them to haue other Bishops succeeding them For the Apostolick power precisely considered was Privilegium personale simul cum persona extinctum Now we haue proved that this ground is false and therefore that succeding the Apostles more appropriate to Bishops then other Ministers grounded upon it is false also Lastly the Presbyters cannot be said successors of the 72. For first in all that is spoken to the 72 the full dutie and office of a Presbyter is not laid downe Secondly it doth not appeare that they had any ordinarie power of preaching or baptizing and ministering the other Sacrament For they are sent to Evangelize to preach the Gospell but whether from power of ordinarie office or from commission and delegation onely for this present occasion it is doubtful Thirdly it is not read that tney ever baptized or had the power of administring the Supper given to them Yea that they had neither ministerie of Word or Sacraments ex officio ordinario seemeth hence plaine That the Apostles did choose them to the Deacons care which was so cumbersome that themselues could not tend the ministery of the Word with it much lesse then could these not having such extraordinarie gifts as the Apostles had Fourthly if they were set Ministers then were they Euangelists in destination For the act enjoyned them is from Citie to Citie without limitation to Euangelize and after we reade of some as Phillip that he was an Euangelist the same is in Ecclesiasticall storie testified of some others Thus we Presbyters should succeed Euangelists those Apostolique men whom the Apostles constituted Bishops and by consequence be the true successours of the Apostles These Euangelists succeeded them by all grant we succeed these Finally Armachanus doth take these 72 to haue been ordinary disciples in his 7 Book Armenicarum quaest cap. 7. 11 Argument Those who receiue a new ordination are in a higher degree in a new administration and a new order But Bishops doe so Ergo. Answer The proposition is denyed for it is sufficient to a new ordination that they are called to exercise the Pastorall function in a new Church where before they had nothing to doe Secondly I answer by distinction a new order by reason of new degrees of dignity this may be granted but that therefore it is a new order that is having further ministeriall power in regard of the Sacraments and jurisdiction given it of God is not true Hath not an Archbishop a distinct ordination or consecration from a Bishop yet is hee not of any order essentially differing The truth is ordination if it be looked into is but a canonicall solemnity which doth not collate that power Episcopall to the now chosen but onely more solemnly and orderly promotes him to the exercise of it 12 Argument Those Ministers whereof there may bee but one onely during life in a Church they are in sigularity of preheminence aboue others But there may be but one Bishop though there may be many other Presbyters one Timothie one Titus one Archippus one Epaphroditus Ergo. For proofe of the assumption See Cornelius as Eusebius relateth his sentence lib. 6. cap. 43. Conc. Nice cap. 8. Conc. Calced cap. 4. Possidonius in vita Augustine Ierom. Phil. 1. ver 1. Chrysost Amb. Theod. Oecumen And such was Bishops preheminence that Presbyters Deacons and other Clerkes are said to bee the Bishops Clerks Answer I answer to the Assumption That there may be said to bee but one Bishop in order to other Coadjutors and Associates with in the same Church It may be said there must be but one Bishop in order to all the other Churches of the Cities Secondly this may be affirmed as standing by Canon or as divine institution Now the assumption is true onely by Law Ecclesiasticall For the Scripture is said to haue placed Presbyters who did Superintendere Act. 20. and that there were Bishops at Philippi True it is the Scripture doth not distinguish how manie of the one sort nor how many of the other because no doubt for the number of the Congregations a single Presbyter labouring in the Word or two the one coadjutor to the other might be placed Secondly it is testified by Epiphanius that ordinarilie all Cities but
Bishops received from their Churches And Atbanasius yet a Deacon is read to have been at the Councell of Nice and to have had right of suffrage in it Finally the Presbyteries did a long time execute joyntly all actions of Church government as is before declared Other arguments we shall touch in answer of these which have been objected Now to come to the conclusions let this be first Conclus 1. Extraordinarie power was committed to some singular persons so that in some case they might singularly exercise it without concurrence of other This I speak in regard of Apostles and Evangelists whose power in many things could not have concurrence of particular Churches which in the former question is sufficiently declared Conclus 2. That ordinarie power and the execution thereof was not committed to any singular governors whereof there was to be one onely in each Church This is against the Iesuits who make account the most of them ●hat as all civill power of government is given to kings to be executed by them within their common-wealth so Ecclesiasticall power say they is given to the Pope and to Bishops in their particular Churches to be executed by them and derived from them to the whole Church Conclus 3. Ordinarie power with the execution thereof was not given to the communitie of the Church or to the whole multitude of the faithfull so that they were the immediate and first receptacle receiving it from Christ and virtually deriving it to others This I set downe against the Divines of Constance our prime Divines as Luther and Melancthon and the Sorbonists who doe maintaine it at this day Yea this seemeth to have been Tertullians errour for in his booke de pudicitia he maketh Christ to haue left all Christians with like power but the Church for her honor did dispose it as we see The proportion of a pollitick body and naturall deceived them while they will apply all that is in these to Christs mysticall body not remembring that analogon is not in omni simile for then should should it be the same with the analogatum True it is all civill power is in the body politicke the collections of subjects then in a King from them And all the power of hearing seeing they are in the whole man which doth produce them effectually though formally and instrumentally they are in the care and eye But the reason of this is because these powers are naturall and what ever is naturall doth first agree to the communitie or totum and afterward to a particular person and part but all that is in this body cannot hold in Christs mysticall body In a politick body power is first in the communitie in the King from them but all Ecclesiasticall power is first in our King before any in the Church from him But to whom should he first commit this power but to his Queene Answ Considering this power is not any Lordly power but a power of doing service to the Church for Christ his sake Therfore it is fit it should be committed to some persons and not to the whole communitie which are the Queen of Christ For it is not fit a King should commit power to his Queene to serve herselfe properly but to haue persons who in regard of this relation should stand distinguished from her Secondly in naturall bodies the power of seeing is first immediatly in the man from the man in the eye and particular members In the mysticall body the faith of a beleever is not first immediatly in all then in the beleever but first of all and immediatly in the personall beleever for whose good it serveth more properly then for the whole every man being to live by his own faith The power of Priesthood was not first in the Church of Israell so derived to the Priest but immediatly from Christ seated in Aaron and his sonnes Obiect Yea they were given the Church intuitu eiusdem tanquam finis totius Answ I but this is not enough that power may be sayd to be immediatly received by the Church as the first receptacle of it and from it derived to others as the power of seeing is not onely given intuitu hominis as the end of it and the totum to whom it agreeth but is in homine as the first subiect from whom it commeth to the eye But the power even of ordinary ministers is not in the Church For as all are sayd not to have been Apostles so not to have been Doctors But if the power of ordinarie teaching had been given to every beleever all should have been made Doctors though not to continue so in exercising the power Secondly were the power in the Church the Church should not onely call them but make them out of vertue and power received into her selfe then should the Church have a true Lordlike power in regard of her ministers Besides there are many in the communitie of Christians uncapable of this power regularly as women and children This conclusion in my judgment Victoria Soto others deny with greater strength of reason then the contrary is maintained Conclus 4. Fourthly ordinary power of ministeriall government is committed with the execution of it to the Senat or Presbyterie of the Church If any faile in any office the Church hath not power of supplying that but a ministery of calling one whom Christ hath described that from Christ he may have power of office given him in the place vacant Conclus 5. Lastly though the communitie have not power given her yet such estate by Christ her husband is put on her that all power is to be executed in such manner as standeth with respect to her excellencie Hence it is that the governours are in many things of greater moment to take the consent of the people with them Not that they have ioynt power of the keyes with them but because they sustaine the person of the spouse of Christ and therefore cannot be otherwise dealt with without open dishonor in such things which belong in common to the whole congregation Now to answer the arguments first propounded The Proposition of the first Syllogisme is denyed That what was committed to the Church was committed to some principall member And we deny the second part of the next Syllogisme proving this part denyed For the power and execution was committed to a Church in a Church Which is so farre from absurditie that he is absurd who doth not see it in Civill and Sacred Doe we not see in Parliament a representatiue Common-wealth within our Common-wealth having the greatest authority Not to mention that a Church within a Church should not be strange to them who imagine many Parishionall Churches within one Diocesan Church To the proofes which prevent as it were an objection shewing that the Church Math. 18.17 may be put for one chiefe Governour The proposition is denyed Jf that Peter one Governour may be in type and figure the Church to whom the jurisdiction is promised