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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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cannot agree to a Diocesan church For these were particular congregations opposed as to that Nationall church so to all Provinciall and Diocesan Neither doth he call himselfe Bishop of Syria but as he was Bishop of the congregation in Syria as a Minister stileth himselfe a Minister of the church of England 2 Iustine and Ireneus knew no kinde of church in the world which did not assemble on the Sabboth But a Diocesan church cannot 3 Tertullian Apol. cap. 39. doth shew that all churches in his time did meet and did worship God in which prayers readings exhortations and all manner of censures were performed Hee knew no churches which had not power of censures within themselues 4 Churches are said at first to haue been Parishes Parishes with in cities in Euseb lib. 3.44 lib. 4. cap. 21. lib. 2. c. 6. l. 4. c. 25. and S. Iohn l. 3. c. 23. saith to the Bishop redde juvenem quem tibi ego Christus teste Ecclesia tua tradidimus That church in whose presence Iohn might commit his depositum or trust was but one congregation lib. 4. c. 11. Hyginus and Pius are said to haue undertaken the Ministerie of the church of Rome which church was such therefore as they might minister unto l. 7.7 Dionisius Alex. writeth to Xistus and the church which he governed A Diocesan church cannot receiue letters Before Iulian and Demetrius his time there is no mention of churches in a Bishops parish The church of Alexandria was within the citie l. 7. c. 2. Cornelius is said officium Episcopi implevisse in civitate Romae ex Cyp. l. 1. epist. 3. Cornelius Foelicissimum ex Ecclesia pepulit qui eum tamen de provincia pellere non potuit Vide Ruffinum lib. 1. c. 6. suburbicarariarum Ecclesiarum tantum curam gessit Cyprian was Pastor Paroeciae in Carthagine of the Parish in Carthage Euseb lib. 7. cap. 3. ex verbis Cipriani llb. 1. ep 4. 5 It is the rule of Scripture that a Bishop should be chosen in sight of his people Bishops were chosen long after by the people As of Rome and others by the people committed to them lib. 4. epist 1. Neighbour Bishops should come to the people over whom a Bishop was to be set and chose the Bishop in presence of the people Schismes were said to be from thence Quod Episcopo universa fraternitas non obtemperat Cipr. ep 55. tota fraternitas i. unius congregationis tota multitudo ex qua componitur Ecclesia particularis Sabino de universae fraternitatis suffragio Episcopatus fuit delatus Cipr. l. 1. ep 47.58.68 Ecclesiae igitur circuitus non fuit maior quàm ut Episcopus totam plebem suam in negotiis huiusmodi convocare potuerit Soc. lib. 7. c. 3. de Agapeto Convocavit omnem clerum populum qui erat intra illius jurisdictionem 6 The Chorepiscopi were Bishops in Villages there is no likelyhood of the other notation Their adversaries in opposing them never object that they were as Delegates or Suffragan Bishops to them 7 Bishops were wont to goe forth to confirme all the baptized through the Diocesse 8 They were neighbours and might meet a dozen sixe three in the cause of a Bishop 9 They were united sometimes in Provincial Councels in which many Bishops met twice yearely Ruffin l. 1. c. 6. Victor Vticensis reporteth in a time when they were fewest in Africa in persecution Vandalica 660 fled to saue themselues Austin saith there were innumerable orthodoxe Bishops in Africa and the Provninciall Councels doe confirme the same Now by reason it is cleare that churches were not Metropolitan or Diocesan 1 That church whose causes are wanting that church is wanting But in a Diocesan church causes are not to be found Ergo. First the efficient cause God ordeyning For none can take on him to be a minister Diocesan no place to be a place where the Assembly Diocesan should be held no people can worship God in repairing to this place and ministery without warrant of his word Ergo. The Nationall church of the Iewes Aaron and his sonnes tooke not that honour it was given them The place of the Nationall meeting God chose Hierusalem The people he precisely bound to practise some ordinances of worship no where but there and to appeare there before him Secondly the matter of a Diocesan church is people within such a circuit obliged to meet at least on solemne daies wheresoeuer the Diocesan Ministers and Ordinances of worship are exercised Pastors who haue callings to tend them and minister to them in this Diocesan meeting now assembled Finally the actuall meetings of them to such end as such more sollemne and publike meetings are ordained to are no where commanded nor in any fashon were ever by any warrant of the Word practised If any say these are not the causes of a Diocesan church but an ordinance of God binding persons within such a circuit to subject themselues to such a church and the ministerie thereof that they may be governed by them I answer First there is no ordinance of God for this that can be shewed that churches within such a circuit should be tyed to a certaine head church for goverment Nay it is false For every church by Christs institution hath power of goverment and the Synagogue had in ordinarie matters the government that the Church of Ierusalem had being all over except onely in some reserved causes Secondly I say that this will not make a Diocesan church formally so called As a Nationall church could not formally bee without binding the whole Nation to exercise ordinances of worship in the head church of it So by proportion Yea government is a thing which doth now accidere to a church constituted and doth not essentially concurre as matter or forme to constitute a church of this or that kinde Againe were this true that the Diocesan Pastors and Ministers haue onely governement committed to them then it will follow that they onely have the governing of particular churches who are not any way Pastors of them ministring Word and Sacraments to them But this is most absurd that their proper and ordinary Pastors who dispence Word and Sacraments to them should not haue potestatem pedi nothing to doe in governing those flockes which depend on them If any say they were not actu but they were virtute potentie I say it is also to make the Apostles churches imperfect and how can this be known but by a presumed intention which hath nothing to shew it but that after event of things From the effect I argue 2 Those churches which Christ did ordeine and the Apostles plant might ordinarily assemble to the ordinances of worship But a Diocesan church cannot ordinarily assemble Ergo. For when God will haue mercy and not sacrifice and the Sabboth is for man hee will not for ever ordaine a thing so unequall and impossible as is the ordinarie assembling of a Diocesan multitude If any
then the Church receiving and executing it may be one A most false Proposition whose contrary is true The reason is because the Church typified by Peter is properly and really a Church not figuratiuely and improperly for then Peter should haue bene a figure or type of a type or figuratiue Church The figure therfore and type being of the Church which is properly taken and the Church properly and really taken being a company assembled hence it is that Math. 18.17 the Church cannot signifie one for one is but figuratiuely and improperly a Church There is not the same reason of the figure and the thing that is figured Nay hence an Argument may be retorted proving that by that Church whereof Peter was a figure is not meant one chiefe Governour Peter as one man or Governour was properly and really a virtuall Church and chiefe Governour But Peter as one man and Governour was in figure onely the Church Math. 18. Ergo that Church Math. 18. is not a virtuall Church noting forth one chiefe Governour onely As for Cyprians speech it doth nothing but shew the conjunction of Pastor and people by mutuall loue which is so streight that the one cannot be schismatically left out but the other is forsaken also Otherwise I thinke it cannot be shewed to the time of Innocentius 3. that the Bishop was counted the Church or this dreame of a virtuall Church once imagined The Clerkes of the Church of Placentia did in their oath of canonicall obedience sweare thus That they would obey the Church of Placentia and the Lord their Bishop Where the Chapiter doth carrie the name of the Church from the Bishop Yea even in those times preposed or set before him when the Pope was lifted up aboue generall Councels then it is like was the first nativity of these virtuall Churches As for a Kingdom I doubt not but it may be put for a King figuratiuely but the Church typified by Peter must needs be a Church properly And it will never be proved that any one Governour was set up in a Church proportionable to a King in a Common-wealth in whom is all civill power wherby the whole Kingdom is administred To the second Argument from the Apostles fact in the Church of Corinth who judicially absent sentenced his excommunication I haue decreed or judged leaving nothing to the Church but out of their obedience to decline him as in the 2. Epist 2. he saith For this cause I haue written to you that I may prooue whether you will in all things be obedient What Arguments are these He that judgeth one to be excommunicated he leaveth no place for the Presbyters and Church of Corinth judicially to excommunicate Thus I might reason Act. 15.17 from Iames 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He who doth judicially sentence a thing he leaveth no place to other Apostles and Presbyters to giue sentence The truth is the Apostle might haue judged him to be excommunicate and an Euangelist if present might haue judged him also to be excommunicate and yet place left for the Churches judgement also These are subordinate one to the other Here it may be objected that if place be left for the Churches judgement after the Apostles sentence then the Church is free not to excommunicate where the Apostles haue and the same man should be excommunicate and not excommunicate Ans Suppose the Apostles could excommunicate Clave errante without cause it is true But the Apostles sentence being just shee is not free in as much as she cannot lawfully but doe that which lyeth on her when now it is especially shewed her and by example she is provoked Yea where she should see just cause of excommunicating she is not though none call on her free not to excommunicate Neverthelesse though she is not free so as she can lawfully not excommunicate yet she is free speaking of freedome absolutely and simply and if she should not excommunicate him he should remaine not excommunicable but excommunicate by chiefe judgement yet it should not be executed by the sinister favour of a particular Church As say Sauls sentence had been just and the peoples favour had been unjust Ionathan had been under condemnation but execution had been prevented by the peoples headstrong affection towards him Ob. So they who obeyed Paul they did not judicially excommunicate Ans As though one may not exercise power or government by manner of obedience to the exhortation of a superiour Touching the place in the Thessalonians those that read Note him by an Epistle doe goe against the consent of all Greek Interpreters And the context doth shew that it is a judiciary noting one such as caused him to be avoided by others and tended to breed shame in him As for Paules excommunicating Hymenaeus and Alexander It will not follow That which he did alone an ordinary Pastor may doe alone Secondly it is not like he did it alone but as he cast out the Corinthian though the whole proceeding be not noted Though Paul saith I delivered them So he saith grace was given Timothy by imposition of his hands 2. Tim. 1.6 when yet the Presbyterie ioyned 1. Tim. 4.14 Thirdly it may be they were no fixed members in any constituted Church The third argument of Timothy and Titus hath been sufficiently discussed To the fourth That one is fitter for execution then many To which we may adde that though the Bishops be but as Consuls in a Senat or Vice-chancellors in a universitie having when they sit with others no more power then the rest Yet these have execution of many things committed to them The assertion viz. That many are lesse fit for execution we deny That order is fittest which God instituted But he doth commit the keyes to the Church to many that they might exercise the authoritie of them when that mean is most fit which God will most blesse and his blessing doth follow his own order this is the fitttest Secondly in the Apostles times and in the times after almost foure hundred yeares expired Presbyters did continue with Bishops in governing and executing what ever was decreed Thirdly this depravation from the first order one to execute for a Diocesan one for a Provinciall the decrees of a Diocesan and Provinciall drew on a necessitie of one to execute the decrees of the Oecumenicall Church or Pope Fourthly Let them shew where God divided the power of making lawes for government of any Church from the power to execute them Regularly they who have the greater committed have the lesser also Fiftly we see even in civill governments many parts by ioynt Councell and action are as happily governed as others are by a singular governour Truely that the Affrican Fathers write to Celestine is true It is unlikely that God will be present with one insspiring him with his spirit and not be present with many who are in his name and with his warrant assembled As for those comparisons they hold not in all they hold in that
Cap. 4. Dyonis Arcepag Doroth. in Synopsi Ambrose proem in 1. Tim. 1. Ierom. 1. Tim. 1.14 2. Tim. 4. in Catalo Chrysostom in Philip. 1. Epiph. in Haer. 5. Primas prefat in 1. Tim. 1.1 Theod. praefat in Tit. Oecum Sedulius 1. Timoth. 1. as it is sayd in the book of histories Greg. Lib. 2. Cap. 12. Theoph. in Ephes 4. Niceph. lib. 2. Cap. 34. Answer We deny the assumption of the first Syllogisme with all the instances brought to proue it First for Iames we deny he was ordained Bishop or that it can be proued from antiquitie that he was more then other Apostles That which Eusebius reporteth is grounded on Clement whom we know to be a forged magnifier of Romish orders and in this story he doth seeme to imply that Christ should haue ordeyned Peter Iohn and James the greater Bishops Seeing he maketh these to haue ordeyned Iames after they had got of Christ the supreme degree of dignitie which these forged deceitfull Epistles of Anacletus do plainly affirme Secondly as the ground is suspected so the phrase of the Fathers Calling him the Bishop of that Church doth not imply that he was a Bishop properly so called The fathers use the words of Apostoli and Episcopi amply not in their strict formall proprietie Ierom on the first to the Galathians and in his Epistle to Damasus affirmeth that the Prophets and Iohn the Bishop might be called Apostles So many fathers call Phillip an Apostle Clem. 5. Const cap. 7. Euseb lib. 3. cap. ult Tertul. de Bapt. cap. 8. and others In like manner they call the Apostles Bishops not in proprietie of speech but because they did such things as Bishops doe and in remaining here or there made resemblance of them Thus Peter Paul Iohn Barnabas and all the rest are by the Ancients called Bishops Obj. This is granted true touching others but not in this instance of Iames because it is so likely and agreeable to Scripture as well as all other Story that when all the rest of the Apostles departed out of Ierusalem he did still abide with them even to death Answere though this bee but very conjecturall yet it nothing bettereth the cause here It followeth not Hee did abide with this Church Ergo he was the proper Bishop of this Church For not abiding in one Church doth make a Bishop but he must so abide in it that he must from the power of his office onely be bound to teach that Church secondly to teach it as an ordinary Pastor of it thirdly to governe it with a power of jurisdiction limited onely to that Church But Iames was bound to the rest of the Circumcision by his office as they should from all the world resort thither Secondly he did not teach but as an Embassadour extraordinarily sent from Christ and infallibly led by his Spirit into all truth Ergo not as an ordinary Bishop Thirdly as the rest in what Provinces soever they rested had not their jurisdiction diminished but had power occasionally as well where they were not as where they were so it was with Iames. This might happily make the phrase to be more founded out of Iames that he did in this circumstance of residing more neerly expresse an ordinary Pastor then any other It is plaine Antiquitie did hold them all Bishops and gather them so to be a Priori Posteriori the Author de quaest vet nov test cap. 97. Nemo ignorat Episcopos salvatorem Ecclesijs in●…ituisse priusquam ascenderet imponens manus Apostolis ordinavit eos in Episcopos Neither did they thinke them Bishops because they received a limited jurisdiction of any Church but because they were enabled to doe all those things which none but Bishops could regularly doe Oecum cap. 22. in Act. It is to be noted sayth he that Paul and Barnabas had the dignitie of Bishops for they did not make Bishops onely but Presbyters also Now wee must conster the ancient as taking them onely eminentlie and virtuallie to have been bishops or els we must judge them to have been of this mind That the Apostles had both as extraordinary legats most ample power of teaching and governing suting thereto as also the ordinary office of Bishops and Pastors with power of teaching and governing such as doe essentially and ministerially agree to them which indeed D. Downam himselfe confuteth as Popish and not without reason though while he doth strive to have Iames both an Apostle and a Bishop properly himselfe doth confirme it not a little Wherefore it will not be unprofitable to shew some reasons why the Apostles neither were nor might be in both these callings First That which might make us doubt of all their teaching and writing is to be hissed forth as a most dangerous assertion But to make Iames so any of them haue both these offices in proprietie might make us doubt Ergo. The assumptiō proved thus That which doth set them in office of teaching liable to errour when they teach from one office as well as infallibly directed with a rule of infallible discerning when they teach from the other that doth make us subject to doubting in all they teach and write But this opinion doth so Ergo. The proposition is for ought I see of necessarie truth the assumption no lesse true For if there bee any rule to direct Iames infalliblie as he was formally the ordinarie bishop of Ierusalem let us heare it if there were none may not I question whether all his teaching and writing were not subject to errour For if he taught them as an ordinary bishop and did write his Epistle so then certainly it might erre If he did not teach them so then did he not that he was ordained to neither was he properly an ordinarie Pastor but taught as an extraordinary Embassadour from Christ Secondly Those offices which cannot bee exercised by one but the one must expell the other were never by God conjoyned in one person But these doe so Ergo. The assumption is manifest Because it is plain non can be called to teach as a legat extraordinarie with infallible assistance and unlimited jurisdiction but he is made uncapable of being bound to one Church teaching as an ordinarie person with jurisdiction limited to that one Church Againe one can no sooner be called to doe this but at least the exercise of the other is suspended Thirdly that which is to no end is not to be thought to be ordained of God But to give one an ordinarie authoritie whereby to doe this or that in a Church who had a higher and more excellent power of office whereby to doe those same things in the same Church is to no end Ergo. Object But it will be denied that any other power of order or to teach and administer sacraments was given then that hee had as an Apostle but onely jurisdiction or right to this Church as his Church Answer To this I reply first that if hee had no new