the Primacy that method was alter'd by a Councill providing that merit not seniority should Create a Bishop ordained by the judgement of many Priests to the end an unworthy person might not unadvisedly usurp the place and so become a scandall to many Hee saith the primacy of Timothy among the Presbyters is acknowledged by the Apostle Whereas some learned men would hence set up a certain circular praesidency herein they are opposed by all the antient Monuments that are extant nor doe the words of Ambrose help them for receding is all one with dying or departing And whereas the Courses of the Priests are brought hither to establish this Interpretation any one may see with half an eye how impertinent it is when those Courses make nothing toward presidency which was alwaies in the High-Priest and other Chief of their Classes But the alleged Writer his meaning is that Seniority in age or rather in Function was valued in the making of Bishops Wherein although none of the Antients be on his side yet if wee understand him of certain Churches what hee saith is not incredible For also the Archimandrits or chiese of Hermitages at the Commencement of Monachism were elected according to that Order To believe him of all Churches Jeroms testimony of the Alexandrian Custom will not permit The same Writer concerning Timothy Timothy now Created Bishop he institutes by epistle how he ought to govern the Church Concerning Titus Titus the Apostle Consecrated an Apostle and so admonisheth him to be sollicitous for the well ordering of the Church No other are the judgements concerning Titus Timothy of Epiphanius Eusebius Chrysostom Oecumenius Theodoret Theophilact Primasius as by producing their words hath been demonstrated by others Yea the Oecumenicall Synod of Chalcedon saith After S. Timothy untill now have been made xxvii Bishops all ordained in Ephefus For Antiquity did not believe what of late some with confidence aflirm that they who were Evangelists could not be created Bishops As long as they walked about the Provinces they did the office of Evangelists but when beholding in one place a plentifull harvest they thought fit to cherish it with their longer Presence doubtlesse being presidents to the Presbytery they performed all offices Episcopall Upon which reason Antiquity believed that the Apostles also were truly Bishops of certain Cities namely in those places where they made longer stay or to speak more properly where they sate by which word Luke hath very emphaticully expressed Paul's abode with the Corinthians Besides Timothy and Titus we read of others advanced by the Apostles into the Episcopall throne Concerning Evodius thus to the Antiochians writes Ignatius He first by the Apostles hands was promoted to our presidency What presidency that is is not left doubtfull by Ignatius who every where distinguisheth the Bishop from the Presbyters and preferrs him above them You must doe nothing without the Bishop but be subject to his Presbytery And in another place The reverend Presbytery being dear to God is so fitted to the Bishop as the strings to the Harp And again in another place What is the Bishop but the Prince and the Presbyters but his Counsellours This is that Ignatius who saw Christ in the flesh who lived with the Apostles who next after Evodius was Bishop in the Church of Antioch A question may be made when as their office who were over the Presbyters by a certain perpetuall dignity is so antient and approv'd by Christ himself by what name was that Honour entitled before the common name of Bishops began peculiarly to be ascrib'd unto this Presidence which as Jerom thinks began about the viii year of Nero. The antient Fathers are of opinion that those Princes of the Presbyters were stil'd Apostles And truly there remain in Cyprian and other Authours not a few obscure prints of this locution Yea Paul himself when he saith Hee was nothing lesse than the chiefe of the Apostles seems to intimate there were some other Apostles of lesser mark That the name of Angel was antiently given to him who afterward began to be called Bishop the Apocalyps evinceth For it appears the word was taken as of common use because those Letters are popularly written and the Mystery of the Starrs is explained by the appellation of Angels as being very obvious but the most simple and plain denomination seems to have been that of President for by this name Justin Martyr calls the Bishop in his second Apology Another question may be By what example Episcopall Eminence was brought into the Churches It is certain there were degrees of Priests among the Heathens that the Custom was not new to the Grecians and such as sprang from Greece we learn by the most antient discipline of the Druids One saith Coesar is President to the Druids who hath amongst them the chief Authority And how antient the Emmence of Mother Cities in matters of Religion is we learn out of Thucydides where he speaks of the Corcyreans a Colony of the Corinthians upon which passage the old Scholiast notes It was the Custome to receive High Priests from the Metropolis Strabo names one Priest of the Catti who was we make no doubt the highest and among the Burgundians the greatest Priest is mention'd by Marcellinus This custome God himself approved by the legall Constitution of the Judaical Republick when hee set up One with highest Authority over all the Priests Who although in some acts hee was a Type of Christ yet the whole Institution of this Pontificate is not to be referr'd to this end alone This eminence of one Priest served for Order also as well as the Regall Power which did also in its way adumbrate Christ Although then this example might suffice yet to me the Constitution of the Christian Church seemeth not so much expressed according to the pattern of the Temple at Jerusalem as of the Synagogues For the Synagogues were in many places without any Commanding Power as neither the Church of Christ hath any by it self Adde hereunto that wheresoever the Apostles came they found Synagogues well enough ordered even from the times if the Babylonian dispersion which if they would receive the Faith of Christ as to them the Gospel was Preached before others there was no cause why they should depart from that Government that the experience of many ages did commend nor was it any burden to the Gentiles in such a matter to accommodate themselves to the Jewish institutions Now in every Synagogue it is certaine there was one who by the Greekish Jews was call'd the Ruler of the Synagogue which name occurs frequently both in the Gospell and the Acts and every where the Prince of the Synagogue is designed by it Only one place is excepted where the word being taken in a larger sense in one Synagogue are named more Rulers that is both he who as the Hebrew Masters teach us was the Prince who answers to our Bishop
and then the Pastors which Office and name remains in the Christian Church and the Elemosynaries which are like unto our Deacons Wherefore in that one place the Pastors joyned to the chiefe of the Synagogue are call'd the Rulers So in the new Testament often the High Priest with those next unto him are called the chief Priests and in Jeremy the antients of the Priests These Rulers of the Synagogues had others over them which were called Primates in either Palestine one and others in other Provinces And thus much be spoken by the way to illustrate the originall of Bishops Our fifth Assertion is Episcopacy hath been the spring-head whence many commodities have flowed into the Church The History of all times proclaims it but I will againe use him for my witnesse who in all Antiquity was the least friend of Bishops that is Jerom In the whole world saith he it was decreed that for the taking away of Schisms and divisions one being elected from among the Presbyters should be set above the rest In another place The Churches safety consisteth in the dignity of the chiefest Priest that is the Bishop to whom if there be not given a Superiour power over all the rest there will be made so many Schisms in the Church as there be Priests Nor is it any thing else which Cyprian doth so frequently inculcate Whence have Schisms and Heresies arisen and doe still arise in the Church but while the Bishop which is one and the Governour of the Church by the proud presumption of some men is contemned And elsewhere Heresies have no other Rise and Schisms no other beginning but hence that obedience is not given to Gods Priest nor is one Priest and Judge for the time in the steed of Christ elected Not only single Assemblies by the presidence of one were guarded against Schisms but as the same Cyprian saith The Universall Church was coupled together by the chaine of Priests linked to one another and united For the whole Christian world was preserv'd in concord by commerce of those Letters which were call'd formate And so much for Episcopall eminence To proceed On behalf of the equality of Pastors we have these things to say not repugnant to those afore First The Episcopall eminence is not of Divine precept This is prov'd enough because the contrary is not prov'd For Christ is no where read to have commanded it Indeed he approv'd it in the Apocalyps but it follows not Because he did approve it Therefore he did command it Episcopacy is of Apostolicall institution because it appears in some Churches Bishops were ordained or approved by the Apostles but the Apostles never commanded that such Bishops should be in every Church By which distinction we separate Jeroms case from the case of Aerius Jerom saith The Bishops became greater than the Presbyters by custome rather than by the Lords dispose As also Austin Episcopacy is greater than Presbytery according to the titles of honour which the Church hath used When the Fathers speak of Custome they exclude not Apostolicall institution yea as Austin saith What is observ'd in the Universall Church nor is instituted by Councils but hath bin alwaies kept is most rightly believ'd to have been deliver'd by no lesse Authority than Apostolicall But as we have elsewhere said it is not presently of Divine precept whatsoever is instituted by the Apostles for many things are instituted with reservation of a Liberty to make a change That the people should with a clear voice say Amen at the end of prayers That the Preacher should be uncover'd was a Constitution in the Apostolicall Church Which in many places now we see is not observed Moreover the Apostles so appointed Bishops that they left certaine Churches without Bishops as Epiphanius acknowledges There was need of Presbyters and Deacons for by these two the Ecclesiasticall Offices may be compleat but where none was found worthy of the Episcopacy the place remain'd without a Bishop but where was need and they were worthy of the Episcopacy Bishops were ordained Those Churches therefore as Jerom speaks were govern'd by the common Counsell of the Presbyters This we shall adde in the second place It was not universally observ'd that one Bishop should be over every City Of the Apostles time we suppose it is already prov'd And afterward more Bishops than one were in the same City in imitation of the Jews who had as many chief Rulers as they had Synagogues but in one City often times were many Synagogues or as Philo cals them Proseuche places of prayer So at Jerusalem was one Synagogue of Libertines another of the Cyrenians a third of the Alexandrians And at Corinth about the same time were named two chief Rulers of Synagogues Crispus and Sosthenes Epiphanius declares it was instituted first at Alexandria that in the whole City should be but one Bishop At last in the VIII Nicene Canon we see it was defin'd That there should not be two Bishops in any City yet so that withall it appears the Canon was sometimes dispenc'd with For the Canon permits that Bishops returning from the Sect of the Cathari to the Catholick Church should retein Episcopall honour next to the Catholick Bishop So the Ephesin Synod after the Election of Theodorus grants that honour to Eustachius as appears by an Epistle to the Synod of Pamphilia and in the conference before Marcellinus the Catholicks offer the same unto the Donatists if they would returne unto Communion Every one of us receiving an associate of his honour may sit with greater eminence the peregrine Bishops sitting by as a Collenge Valerius also in the Church of Hippo assumed Austin to himselfe Which although Austin saith 't was done through ignorance of the Canons appears yet to have been a thing not unheard of afore much lesse believ'd repugnant to the Law Divine Moreover the Episcopall Chairs in many Cities were often void not for some months only but many years together all which time The Churches that I may againe speak with Jerom were govern'd by the Common Counsell of the Presbyters or as Ignatius saith The Presbyters fed the flock untill God should shew them one to governe them To the Roman Clergy we see Cyprian wrote many Letters and the Clergy answer'd him concerning all things pertaining to the State of the Church Furthermore all the antients doe confesse there is no act except Ordination so proper to the Bishop but it may be exercis'd by the Presbyter Chrysostome and Jerom are very clear in this point And although in the judgement of these Fathers the right of Ordination is denyed Presbyters which may be seen in the constitutions of many Synods partly Universall partly topicall yet why may not this be understood that the Presbyters could ordaine none in contempt of the Bishop That they did in some sort concurre to Ordinations with the Bishop seems to appeare by the IV. Synod of Carthage When
the Gospel is of more moment than the expounding of the Law but also because in the Christian Church the Preachers of the word are withall dispensers of the mysteries Whereas the Masters of the Synagogue administred no Sacraments For all the Sacrifices were offer'd in the Temple only except the Passeover which yet was not celebrated in the Synagogues but in every house the Master of the Family being chief Nor was it any where commanded that Circumcision should be given in the Synagogues or by any speciall Ministers It may then be doubted what Seniors of the Church Pseudambrose understands those that answer to the most skilfull of the Synagogue who also are scarce any other but aged men in which respect the chief of the Monks are called Seniors in Justinian or those that anser to the Elders in age in Philo If the former then Pseudambrose saith the very same with Jerom. The one Without the Counsell of the Seniors nothing in the Church was done the other The Churches were govern'd by the Common Counsell of the Presbyters speaking of those Presbyters which he saith at first were called Bishops and out of whom afterward the Bishops were elected But if the later please you more and truly his speech mention'd his age not Office the meaning will be this which we have exprest a little afore That insteed of all the people the Elder men were wont to be consulted with in the more weighty affairs that is in ordaining the Cleriks in absolving the lapsed and such like And indeed it is more credible this custome was long since obsolete and disus'd to consult with the people or the chief of the people than that the Bishops did almost all things without consulting with the Clergy Yet this also by little and little came to passe and prevailed against the antient custome These things therefore being understood no man will henceforth doubt but in all Ecclesiasticall writers the word Presbyters or Seniors pertains either to the aged in the Church or to the Magistrates who also are a part of the Church or to the Pastors And this ought to prevaile with us that we take not unadvisedly and without forcible arguments the places of Holy Scripture speaking of Presbyters in any other sense than they have been taken by them who being nearer to the Apostles times had more perfect intelligence of that antient Title But now let us proceed to the Ofacles of Holy Scripture and let this be our third Assertion Those choice Assessors of the Pastors of whom we dispute are not by Divine precept Whosoever affirms the contrary must condemne the Church of so many ages for contempt of Gods Law from which temerity we think it becomes us to abstaine Nor indeed is there any weight in their arguments who affirme that which wee deny and upon whom therefore lyes the necessity of proving Sufficient answers have been returned heretofore by very learned men yet lest any defect be in our Treatise it will be worth our pains to repeat what hath been well said and to adde somewhat that may bring light unto the question In the front we have that which Christ commandeth Tell it to the Church c. In which place some are of opinion Christ hath given the Church direction to institute a certaine Synedry to judge of things Ecclesiasticall consisting both of Ministers and other persons for such they will needs have Ecclesiasticall Synedrys to have been As for the words of Christ the antient and recent expositors have offer'd us sundry explications of them To repeat them all were tedious To me the most simple and plaine Interpretation and which comprehends almost all the rest seemeth to be this The man that hath offended us is not easily to be accounted for one deplored and incurable There are severall degrees of admonition to be observ'd first alone that he may if it be possible repent without a witnesse of his fault if that avails not a friend is to be taken with you one a second and a third if perhaps he will yield to their Authority And hitherto Christ hath said nothing which is not almost in the same words deliver'd in the writings of the Jews For this is extant in the book Musar If say they hee will neither then bee reconciled friends being used two or three let him depart and leave him to himself for such a one is implacable and is call'd a sinner But the same book in another place addes one degree more for thus it saith If neither by this means he shall prevaile any thing friends being used then he ought to make him ashamed in the presence of many Which Christ not disapproving according to his exceeding lenity which he would have us to imitate would have us try all things first before we give up the man for lost for that is the sense of Let him be unto thee as a Heathen and as a Publican that is an incorrigible sinner So in the Gospel are often joyn'd Publicans and sinners and the Gentiles are call'd sinners as when Christ saith hee should be deliver'd into the hands of sinners Wherefore the meaning of Christ is that before we relinquish all hope after a few witnesses any company of pious men ought to be adhibited to the end the scandalous person may be reclaim'd by the number and consent of grave men by the punishment or censure of many as Paul speaks For in Musar and in Paul the many and in the words of Christ the Church are the very same Certainly that a Company not great is comprehended in the name of Church both the LXX teach us and Paul too who hath entitled by the name of Church one family of pious people Here it sufficeth that it be understood this place in Matthew is nothing to their purpose for a company both of Pastors and of non-Pastors may be without the Assessors of whom now the question is What they adde concerning the Jewish Senates after long consideration I cannot grant The Synagogues of the Jews their Proseuche and Phrontisteries as Philo cals them were far different from their Courts of judgement In their Proseuchae were the Scriptures read and expounded all were instructed to speak againe with Philo to the love of God to the love of vertue to the love of men whereto answer those three words of Paul Godly soberly justly Here are no judgments exercised upon any That was done in the Courts of judgement where the Judges had cognizance of Sacred matters as well as of Profane the same Judges by the same Law for in the Hebrew people these were never disjoyn'd These Judges were partly in the severall Cities partly in the Head City Those were the lesser Synedryes to the Hellenists this the Great one and by an excellency the Synedry Whence the Hebrews following the Hellenists derived Sanhedrin None of these Courts because they had all of them coactive power could be retained in the Apostolicall Church because it is
preme or of some other originall these later ordinary as that perpetuall and primitive Government of the Father over his family whence ariseth the authority of the. Pedagogue and Tutour extraordinary such as God gave by speciall Commission to some men under the old Testament The Powers derived from the Supreme either have received a right both to oblige and to act as the Praetorship or to oblige only as the Power of a Delegate Without a right to oblige there is no Power for this is as it were the naturall effect thereof Let us now apply all this unto Pastors and Churches The Apostles are forbid by Christ the Presbyters or Pastors by the Apostle to rule as Lords over Gods heritage the word is applyed to Kings Lu. 22.23 and that is not only forbid but to exercise authority which as distinct from the other is given to Great ones Mat. 20.25 Mar. 1.42 By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes which were stiled Euergetae as we may see in Josephus whence that of Luke may receive some light They that exercise Authority over them are called Euergetae benefactors If therefore such right as the Highest Powers have and such as the Inferiour Powers have be denyed Pastors it followes that all Power is denyed them Christ himfelf respecting his state of a servant denies his kingdome to be of this world denyes which is lesser that he was made a judge And unto the same state he called his Apostles We have not saith Chrysostom such power given us that by authority of sentence we can restrain men from offences And saith Bernard I read that the Apostles stood to be judged I find not that they sate in judgement Pastors are call'd in Scripture by the name of Embassadours Messengers Preachers whose part it is to declare the Authority of another not to oblige men by their own Their Commission is to speak what they have heard to deliver what they have received and no more The Apostle himself concerning Virgins because he had no commandement from the Lord dares command nothing only he gives Counsell withall declaring â—would be no sin in her that should do otherwise and admonishing the Corinthians to help those of Jerusalem by some extraordinary largesse he addes not of neceßity the reason whereof went before I speak not by command The Government therefore which is given to Pastors when they are said to guide to rule to feed to be set over the Church ought to be referred to the declarative kind or to that which meerly consisteth in persuasion Where the Apostles or Pastors are read to have commanded it is to be interpreted by that figure by which they are said to remit and retain sins that is to declare them remitted or retained Nor is that to be taken otherwise when God saith he set Jeremy to destroy kingdomes that is to pronounce the destruction of them So also in those Letters of the Elders and Brethren to the Churches of Sytia and Cilicia these words to impose a burthen are to be expounded in like sort for there is no new burthen imposed upon the Christians then it would follow that fornication the avoyding whereof is a part of that burthen was lawfull before this decree but the duty of Christians is declar'd out of the divine Law which would have free actions directed to the furtherance of other mens salvations and all offences carefully avoided That the Church hath no Commanding Power by Divine right appears because the Sword is the instrument of that power by the Sword is meant coërcive force but the armes of the Church are not carnall neither hath She received any Sword from God but the spirituall that is the word of God Besides Her conversation is not in Farth but in heaven she lives on earth as a stranger not as free and strangers have no right to command Yet since the Church is a company not permitted only but instituted by Divine Law I speak of the Church visible it follows that all those things which do naturally agree to lawfull Companies doe agree to the Church also so farre as they are prov'd not taken away Among those things is the Constitutive Government which we called by consent Wee will bring two examples The law of the Sabbath being abrogated 't was at the Christians pleasure keeping a just proportion to set apart what part of time they would for the worship of God Now because that worship according to the precept of Christ requir'd a certain Congregation of godly men that part of time could not be determin'd but by corsent So the Apostles leading the way and the Church following was dedicated to holy Assemblies the first day of the week which also in memory of the Resurrection is called the Lords day Again the Apostles being themselves not at leasure to oversee the poor the Church by their persuasion Instituted the office of Deacons and made election of persons to persons to performe it In both places wee find somewhat defined and constituted by consent which without great fault none could gainsay For it was requisite that somewhat should be constituted and that could not be one or two dissenting unlesse either the minor part should give place to the major or the major to the minor This being unreasonable that was necessary This right of Constitution therefore to the Church is naturall But the Imperative Government we have shewed above not to follow from the nature of the Church and yet that hindereth not but that both the Highest and the Inferiour Authority may agree unto it The Highest if the faithfull unmixed with others and free from all subjection make up a Common-wealth of themselves This seemeth to have happened to the Jewes in the times of the Maccabees the Church had then the Highest Authority yet not properly as a faithfull people but as a free people An Inferiour Authority and liberty to use their own Law the same Jewes not only in their own Land but at Alemandria and else-where have often had with some kind of coactive Power sometimes of more sometimes of lesse extent as it pleased the Supreme Governours under whom they lived But as for the Ministers of holy things we have sufficiently shewed that no commanding Authority agrees to them by Divine right that is flowing from the Institution or nature of the Ministry it self as also 〈◊〉 the Highest Authority is incompatible â—ith snch a Ministry Neverthelesse that Inferiour Authority ought alwayes to be separated from the Pastorall office the antient Church never believed Whatsoever we have given to Pastors derogates nothing from the Authority of the Highest Powers over Sacred things for the Directive regiment consisting in the giving of counsell and declaring of the divine command is quite of another kind And 't is no marvell if the same person do govern and is
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he willâ— and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in
Prophets some Evangelists some Pastors and Doctors not only distinct in Functions but by certaine degrees also For God hath given in the Church first Apostles in the second place Prophets in the third Do ors The very Deaconry by the Apostles instituted is sufficient to prove that Christ had not commanded an equality of Church-men Therefore we set down this first as a thing of undoubted verity Wherein we have Lanchius Chemnitius Hemingius Calvin Melanchthon Bucer all consenting with us yea and Beza too so far as to say That some one chosen by the judgement of the other Presbyters should be and remaine President of the Presbytery cannot nor ought not to be reprehended Secondly we determine That the Episcopacy we speak of hath been received by the Universall Church This appears out of the Universall Councils whose Authority even now among pious men is very Sacred It appears also by comparing Synods either Nationall or Provinciall whereof there is hardly one to be found but it carries in the forehead manifest signs of Episcopall eminence All the Fathers none excepted testify the same Among whom the least friend to Episcopacy is Jerom being himself not a Bishop but a Presbyter His testimony therefore alone sufficeth It was decreed all the world over that one chosen from among the Presbyters should bee set over the rest to whom all the care of the Church should pertaine Yea so universall was this Custome that it was observed oven among the Hereticks which went our of the Catholick Church All these things saith the Author of the Homilies upon Matthew which are proper to Christ in verity have Hereticks also in their Schism Churches Scriptures Bishops and other orders of the Clergy Baptisme Eucharist and all things else Certainly this errour of Aerius was condemned of all the Church that he said A Presbyter ought to be discerned from a Bishop by no difference Jerom himself to him who had written There is no difference between a Bishop and a Presbyter answers 'T is spoken as ignorantly as one would wish you have as the Proverbe is made shipwrack in the Haven Lastly Zanchius also acknowledgeth the consent of the whole Church in this point Our third determination is That Episcopacy had its beginning in the Apostolicall times Witnesse the Catalogues of Bishops in Irenaeus Eusebius Socrates Theodoret and others all which begin from the Apostles age now to derogate faith in an Historicall matter from so great Authors and so consenting together it cannot but be the marke of an irreverent and pertinacious mind It is all one as if you should deny the truth of that which all the Roman Histories deliver That the Consulship began from the expulsion of the Tarquins But let us againe heare Jerom At Alexandria saith he from Mark the Evangelist the Presbyters alwaies elected one from among themselves placed him in a higher degree and call'd him Bishop Marke deceased in the 8. of Nero to whom John the Apostle being yet alive succeeded Anianus to Anianus Abilius to Abilius Cerdo The same Apostle surviving after the death of James Simcon had the Bishoprick of Jerusalem after the death of Peter and Paul Linus Anacletus Clemens Held that of Rome Evodius and Ignatius that of Antioch Surely this Antiquity is not to bee contemn'd whereunto Ignatius himself the coetanean of the Apostles and his next followers Justin Martyr and Irenaeus yield most apparent testimonies which need not bee transcribed We will end this with Cyprian Now saith he through all Provinces and through every City are appointed Bishops Our fourth is this This Episcopacy is approv'd by Divine Law or as Bucer speaks it seemed good unto the Holy Ghost that One among the Presbyters should be charged with a singular care The Divine Apocalyps affords an irrefragable argument to this assertion for Christ himself commands to write unto the seven Angels of the Asian Churches Who by Angels Understand the Churches themselves they manifestly contradict the Holy Scriptures For the Candlesticks are the Churches saith Christ and the stars are the Angels of the seven Churches 'T is a wonder how farre men are transported by the spirit of Contradiction when they dare confound things so openly distinguisht by the Holy Spirit We deny not but every Pastor in a generall signification may be capable of this title of Angel but here 't is manifestly written to One in every Church Was there but one Pastor in every City No sure for even from the time of Paul at Ephesus were many Presbyters ordained to feed the Church of God Why then is the Letter sent to One in every Church if no One had a peculiar and eminent Function Under the name of Angel saith Austin is commended the Governour of the Church The Angels are the Presidents of the Church saith Jerom. If any had rather hear the modern Writers let Bullinger speak The heavenly Epistle is destin'd to the Angell of the Church of Smyrna that is the Pastor Now Histories doe witnesse that Angel or Pastor of the Church of Smyrna Polycarpus was ordained Bishop of the Apostles namely by St John and lived in the Ministery of this Church 86. years What Bullinger relates of Polycarpus is confirmed by Irenaus Tertullian and other Antients who say We have the Churches nourished by John for though Marcion reject his Apocalyps yet the Order of Bishops recounted to its Originall will stand upon John the Author Let Marorat also speak John began with the Church of Ephesus for the celebrity of the place nor doth he addresse himself unto the people but the Prince of the Clergy that is the Bishop Haply Beza's Authority or Rainolds will be more accepted See therefore what favour the Truth found with them Beza To the Angel that is to the President who was in the first place to be admonisht of these things and by Him his other Colleagues and all the Church Rainold In the Church of Ephesus although there were many Presbyters and Pastors for the administration thereof yet One was over those many whom our Saviour calls the Angel of the Church and writes the things to him which others from him might learn Certainly if it be well said by Dio Prusoeus that Kings are the Genii of their Kingdomes and in Holy Scripture Kings are stiled by the name of Angels who sees not that this name is also by an excellent right agreeable to the Prince of Presbyters Christ therefore writing to those Bishops as men Eminent in the Cergy without all question hath approved this eminence of Episcopacy To let passe the Annotations after the second Epistle to Timothy and that to Titus which are found in the most antient Greek Copies Concerning Timothy hear the writer supposed Ambrose whose words are these Timothy created Presbyter by himself the Apostle called Bishop because the prime Presbyters were so entitled of whom One receding the next succeeded but because the following Presbyters began to be found unworthy to hold
would affirme much lesse could prove that they were known of old Tertullian prescribing against Hereticks among other things declares how much their temerarious inconstant light Ordinations differ from the Rule of the antient Church This day saith he the man is a Presbyter who to morrow is a laick Nothing could be more clearly said to make it appeare that temporary Presbyters were in those times unkown to the Catholick Church It is not say some materiall to the nature of the Office whether it be undertaken for a time or for ever If this be so I may wonder that Pastors also employed in the word and Sacraments are not made Annuall somewhere But if this be absurd whence I pray but because as the gifts of God are without repentance so the Divine Offices were instituted by him for the perpetuall uses of the Church He that hath put his hand to the Plow and looketh back is not sit for the kingdome of God that is for the ministry of the Church Wherefore this very change of Assessors is no light argument that this is an invention of Humane prudence no institution of Law Divine Secondly All the antient Church by the name of Presbyters urder stood no other men but Pastors employed in the word and Sacraments I speak not of the word old men or Seniors and Elders whereby 't is certaine sometimes age sometimes Magistracy is meant but of the Greek word which in the Latine tongue doth alwaies signify the Pastorall dignity and Office and so it doâ—h also in the Greek Authours wheresoever the word Presbyter notes any thing else but age or Magistracy We are not yet come to that place of Paul which belongs rather to the question of Divine Right and of the Elders of the old Testament there will be place to speak hereafter Of so great a number of Fathers of so many volumes of books after so long canvasing of this controversie not so much as one place hath been alleged wherein the Presbyteriall dignity is ascribed to any other than Pastors When yet if there had been two sorts of Presbyters not often but a hundred yea a thousand times mention of them ought to have been made especially in the Canons which describe unto us the whole Government of the Church at least the manner of electing those Presbyters non-Pastors would somewhere shew it self And although the Defendant or he that is on the Negative is not to make proofe yet were it easy to produce infinite places of the Fathers which attribute to all Presbyters the right of feeding the flock of Baptising and exhibiting the Lords body and so far equall all the Presbyters to Bishops and call them the Apostles Successors which also declare the Presbyters punishment was to be remov'd from the Presbytery or for a time to be admitted only to the Communion of the Laicks which farther shew that maintenance was given to every one and a much severer Discipline prescrib'd for them than others Moreover Laws are extant too of the Presbyters Privileges and immunity from Civill Courts and burdens and many other things there are which will not suffer us to acknowledge any Presbyters but Pastors only Some allege a History of the penitentiary Presbyter and sharply reprehend the abrogation of him which yet at other times they like very well when the Popish Confession is opposed But who ever heard of any Penitentiary that was not a Pastor or when did the antients ever believe that the use of the Keys might be separated from the Ministry of the Word and Sacraments Certainly Christ gave the Keys to them to be used to whom he gave power to Preach and to Baptise What God hath joyn'd let no man put a sunder Ambrose of the right of binding and loosing saith This right is permitted only to the Priests and elsewhere Those Keys of the kingdome of Heaven all we Priests have receiv'd in the Blessed Apostle Peter Jerim of these that succeed in the Apostolicall degree They saith he having the Key judge before the day of judgement and in the same place It is no easy matter to stand in the place of Paul to keep the degree of Peter Chrysostome This bond of the Priests tyeth the very soule No man is ignorant that the Fathers by Sacerdotes or Priests doe meane Pastors to whom the Word and Sacraments are entrusted indeed beside the use of the new Testament but not without Authority of Scripture for in Esay God foretelling the calling of the Gentiles by the Gospell saith And I will also take of them the converted Gentiles for Priests and for Levits Wherefore the exercise of the Keys and the Right to absolve penitents according to the judgement of all the Fathers agree to Priests alone that is to Presbyters the Depositaries of the Word and Sacraments Wherefore also these Presbyters who specially attended to the absolving of Penitents are to be thought no other than Priests whom the new Testament stileth Pastors Now as the word Presbyter when it signifies a Function Ecclesiasticall is never found in the Fathers applyed to other than Pastors so neither is the Latine word Seniors Tertullian speaking of the use of the Keys judgement is given saith he with great Gravity as in the presence of God and it is a very great prejudgement of the future judgement if any one hath so affended as to be excluded from Common Prayer and the Assembly and all holy commerce The most approved Seniors are the Presidents having obtained the honour by testimony not by price for no Divine thing is set to sale That in those times Presbyteries consisted only of Pastors Calvin himself confesseth wherefore Tertullian putting the Greek word into Latine cals them Seniors who had the power of the Keys For in Greek they are call'd Presbyters which word in its primary signification expressing age was after transferred to Civill Dignities and last of all to Ecclesiasticall Let all the Acts of Synods that ever were bee read quite thorough there will be found no Seniors that were not Pastors Moreover the word major natu or Elder which seemeth proper to age began to be applyed to Pastors in imitation of the Greek word Firmilian Bishop of Cesarea The Majors are the Presidents in the Church who have also the power to Baptise and to impose hands and to ordaine He hath given sufficient caution to understand no other then the Pastors So then the words Presbyter Senior Major have a threefold signification noting First age Secondly Magistracy Thirdly Priesthood Nor only was the name of Seniors common to Magistrats and Pastors but the Assembly of Presbyters the Presbytery which Ignatius calls the Sacred System Jerom bath translated Senate The Church hath a Senate the Assembly of Presbyters that is of those Presbyters who at the beginning saith he were equall to the Bishops and by whose Counsell the Church was governed Tertullian by such another Metaphor stiles the Clergy an Ordo or State The Difference
certaine neither the Apostles nor the Church had any coactive power granted to them I come unto the name of Presbyters which many think in the new Testament was given to the Assessors of Pastors which is not clear to me In the Testament I find three significations of this word â—one which pertains to age as when the Presbyters or Elders are oppos'd to the younger another which belongs to Power and Empire as when there is mention of those that sate in the great Synedry or in the lesse a third which agrees to the Preachers of the Gospell a fourth I doe not find A question may be made why the Apostles call'd the Pastors ordained by them by the name of Presbyters Was it because scarce any other but old men were called to that Office or because in the Synagogue also the Masters by an excellency had that appellation or which I like as well by a similitude taken from the Jewish Magistrates For Christ himself in the constitution of his Church that he might shew himself a King and withall by degrees might abolish the hope of an earthly Kingdome composed his Church though destitute of all externall power to a certaine Image of the Judaicall Kingdome and so erected the minds of his Disciples to the hope of a Kingdome Celestiall There was one King among the Hebrew people He also acknowledgeth himself to bee a King In that Kingdome were twelve Princes of their Tribes Christ constituted to himself so many Apostles and that it might not be doubted whether he had respect promiseth to them twelve thrones whereon they should judge the twelve tribes of Israel In the Kingdome were LXX Senators of the Great Synedry so many Evangelists are constituted by Christ The third dignity in the Kingdome was of the City Judges called Presbyters or Elders in the Church also the Presbyters follow the Apostles and Evangelists in the third place The chief of those Judges were called Bishops or Overseers and so in the Church the Princes of the Presbyters are the Bishops Lastly They that waited upon those Judges were Deacons or Ministers so are they called in the Church who are Ordained below the Presbyters What the Office of Presbyters is in the Christian Church the Apostles in sundry places teach us Paul having sent for the Presbyters of Ephesus to Miletum gives them to understand that they were made Overseers over the flock to feed the Church of God James biddeth the sick call for the Presbyters of the Church to pray over them and anoint them with Oyl in the name of the Lord. Peter exhorts the Presbyters being himself a Co-Presbyter that is a Colleague in the Office It appears therefore they were Pastors Neither were they otherwise ordain'd but by imposition of hands as of Timothy it is recorded In other places where without any character Presbyters are barely mention'd to understand any other Presbyters but those who in so many places are most clearly describ'd is the part of a temerarious conjector unlesse the Context compell us to depart from the certain and receiv'd signification In all the new Testament only one sentence of Paul is extant which is speciously brought to confirme those Presbyters non-Pastors Let the Presbyters or Elders that rule well be counted worthy of double honour especially they who labour in the word and Doctrine From this word especially is infer'd that there were in that time certaine Presbyters who ruled only and did not labour in the word and Doctrine But first if that were true at least somewhere else would appeare this new kind of Presbyters never spoken of before by what Author by what occasion it began as the Originall of Deacons is recorded and not so on the By and in passage in a single place where the speech was not concerning Offices Ecclesiasticall this necessary part of Ecclesiasticall Government should not I say so slightly be insinuated Againe the Fathers next to the Apostles times would have told us somewhat of it at least the Greek Fathers who could not be ignorant of their own tongue would have left us this Interpretation which some suppose to follow from the very series of the words Now when as before the last age not one of the Interpreters hath taken the words of Paul in that sense we have reason to see whether they admit not another interpretation more consonant to other places of the Scripture Let us then consider the scope of the Apostle He would have double honour given to Presbyters What hee means by honour may be understood by the words afore Honour Widows Where to honour is nothing else but to maintaine them honestly for his will is that the Widows should be honour'd who are Widows indeed that is as appears by the opposition such as have not believing kindred by whose help they may be relieved for if they have such he forbids to be burthensome to the Church After he had finished his discourse of susteining Widows he shews the Presbyters also must be supplyed with honest maintenance That this is noted by the word honour the reason annexed proveth For it is written Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. This same testimony of Scripture he had produced elsewhere to the same sense who goeth a warfare any time at his own charges who planteth a Vineyard and eateth not of the fruit thereof or who feedeth a flock and eateth not of the milk of the flock Say I these things as a man or saith not the Law the same For it is written in the Law of Moses Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. And afterward If we have sowen unto you spirituall things is it a great thing if we shall reap your carnall things Well is it noted upon the place we handle by Chrysostome Jerom Ambrose Calvin also and Bullinger that the Apostle here speaks of supply of maintenance necessaries That our Assessors should be susteined by the Churches allowance is not seen at this time nor was ever seen Neither is it credible that the Apostle who every where spares the Churches burdened enough with poor people would lay an unnecessary burden on them Wherefore if ever in this place especially those Assessors had been unseasonably mention'd where a discourse of maintenance is commenced The words of Paul have been commodiously interpreted many wayes by others The plainest Interpretation is Maintenance is due indeed to all Presbyters that rule the Church that is feed the Lords flock but especially to them that wholy neglecting their private affairs apply themselves to the only care of propagating the Gospel and spare no labour in it Here then are not set down two sorts of Presbyters but it is declared that the labour of all is not equall All acknowledge even Beza too that the word translated to labour notes not every labour but that which is most painfull In
such labours not vulgar Paul saith he approved himself the Minister of God for explication whereof he addes painfulnesse hunger thirst watchings and all kinds of incommodities Christ in his Epistle to the Bishop of Ephesus having said I know thy works addeth as somewhat greater and thy labour Paul againe oft-times attributes to himself to labour and the same to certaine holy Women which renouncing the world went up and down for the service of the Gospell To these Presbyters then who care for nothing but the Gospel and for its sake expose themselves to all distresses reason it self will dictate somewhat more to be due than to the rest So also Paul to the Thessal ascribeth to rule and to labour unto the same persons We beseech you brethren to know them which labour among you and rule over you in the Lord and admonish you And to esteeme them very highly in love for their works sake All the error of the new Interpreters ariseth hence that they think in the word and Doctrine is to be pronounc'd emphatically when the Emphasis is in labour for explication whereof is added in the word and Doctrine Such another hallucination is theirs who in the words of Paul to the Cor. where he discourses of the Supper Let a man examine himself they urge the word himself when the Emphasis is not there but in the word examine nor is himself put distinctively but declaratively Moreover that clause in the word and Doctrine could not so well be joyned with the first part of the sentence as the second because it hath very fit coherence with labour not so with rule I will give you like forms of speech which no man will charge with unaptnesse Masters that bring up youth are profitable to the Common-wealth they especially that attend this one thing night and day to make their Scholars good proficients both in vertue and learning Physicians who cure the Body are to be had in great esteeme They above therest who with no lesse affection than pains doe their utmost endeavour to preserve or restore our health Compare the thread of Pauls discourse herewith you will see all to be even and square Other places that are wont to be alleged are more frigid and vanish of their own accord Rom. 12. Divers gifts and according to the measure of gifts divers actions are reckoned up but such as doe not yet make divers Functions As the same may be He that giveth and He that sheweth mercy So nothing hinders Him that exhorteth and Him that ruleth to be the same For out of the two places already produced it is manifest that to rule is attributed to Pastors as also to guide Heb. 13.7 Likewise to the Corinth not only divers Functions are enumerated but also many gifts which meet in the same Function As therefore miracles and gifts of healing doe not make divers Functions so neither doe Helps and Governments but all these are aids and ornaments of the Pastorall Office Thus far we have endeavoured to make it appeare that the Adsession we speak of is not by Divine precept The fruit of which determination is that we entertain no worse opinion of the antient Churches than is meet nor of the late reformed who make no use of those Adsessors Now on the other side what we conceive may be said for that Office shall fairly be produced First That Office might lawfully be instituted either by the Highest Power being Christian only the Church where the Highest Power either car'd not for the Church or granted leave to doe it For seeing it hath the Highest inspection over all the actions of Pastors as the Custos of both Tables nor can it execute all things by it self it was lawfull to delegate some who in its name might be among the Presbyters with that right which the Highest Power was pleased to communicate unto them Which by that that shall be handled in the next Chapter shall be made more manifest The Church also is not interdicted by Divine Law to institute Offices making for the conservation of order and for edification and it hath that liberty remaining untill it be circumscribed by some Law of the Highest Power These things need no proof for they shine by their own light and no Divine Law can be shewed to the contrary Secondly Some passages may be found in Holy Scriptures whereby it may appeare this institution is not displeasing unto God I prove it first in respect of the Highest Power by the constitution of the Judaical Synedry wherein with the Priests there sate men chosen out of the people preposed truly to Civill affairs but to Sacred too as hath bin shew'd afore Wherefoâ—â— when out of the new Testament on the contrary part nothing is alleged hence we doe rightly collect that Jurisdiction in Sacred things that is publick judgement and joyned with command may be committed to some of the people with the Pastors especially if the better part be deferred to the Pastors as in Sacred things greater was the Authority of Amariah the Priest then of Zebadiah the Ruler By the same argument is rightly defended the Ecclesiasticall Senate which by the Commission of the Elector Palatine rules the Church affairs with command and consisteth partly of Pastors partly of pious Magistrats In respect of the Church also the same is thus made good It was lawfull for the Corinthian Church even without the Apostles Authority for the Apostle reprehends the Corinthians for not doing that which now he chargeth them to doe to constitute in the Church some to determine private controversies If so much was lawfull to the Church for avoyding of contentions why might not as much be lawfull for avoyding of the mischief of Oligarchy Besides it is oft times expedient that the whole multitude of believers be consulted in the Church affairs as above we have shewed why may not then the Church adjoyn some unto the Pastors who may consider this at what time it is needfull that the Church be consulted It was also lawfull for the Church to make choice of some who might in their name carry and dispose of their mony wherefore seeing the Pastors have inspection over the Deacons the Church may for this purpose joyn some associats to the Pastors Lest any should blame them in their Administration of the Churches benevolence that I may speak with the Apostle Lastly it was lawfull for the Antiochian Church to delegate some out of their Company to be present at the Debate of the Apostles and Presbytery of Jerusalem by whose testimony they might be assured all was there done according to Gods word and without partiality Thirdly Examples in pious Antiquity are not wanting which if not wholy Consonant yet come very near unto this custome On the part of the Highest Powers it is most evident the Emperours appointed Senators and Judges to sit in Synods Inspectors and moderators of their actions Nor
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
HUGO GROTIUS OF THE AUTHORITY OF THE HIGHEST POWERS About Sacred things OR The Right of the State in the Church Wherein are contained many judicious Discourses pertinent to our Times and of speciall Use for the Order and Peace of all Christian Churches Put into English by C.B.M.A. The Method of every Chapter is added in the margent and collected at the end LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above
not the Vicars or Deputies of the Highest Powers all this diminisheth nothing of the right of Government as will appear by the examples of other things The power of Parems over Children of Husbands over their Wives hath its oâ—iginall not from any Humane Institution but from God himself yet who will deny these Powers though more antient to be subject to the Highest The Physicians function is from God the author of Nature as the Pastor's from God the author of Grace and from Nature and Experience he receiveth rules to execute his office not from the Highest Powers nor is he in their stead when he practâ—seth and yet for all this the Physician 's function is subject to the Supreme Authority There is the same reason in other arts and professions And that Pastors are not bound to obey the Highest Powers when their Commands or Prohibitions are contrary to Gods herein is nothing singular For every private man hath so much right and that in other things as well as Sacred Yea the Judge that receives his Commission from the Highest Power being comanded by the same to judge against right and reason is not bound to obey or rather is bound not to obey which comes to passe not because the private man or the Judge is not subject to the Highest Power none will imagine that but because both the Power and they are all subject unto God and when Commands are contrary the Superiour is to be preferr'd That which some allege that the Magistrate as they love to speak is not of the essence of the Church 1. That the Church can subsist although there were no Supreme Power or that Power not a friend to the Church is very impertinent for that we may speak in their phrase the Magistrate is not of the essence of any single man not of the essence of a Merchant or Husband-man or Physician yet are all these under the Higher Powers as reason teacheth and the Apostles authority This objection hath a better appearance The promise made to the Church in the Prophet Kings shall bow down to her with their face toward the Earth and lick up the dust of her feet which words rather seem to subject Kings to the visible Church than the Church to Kings This Argument the Papists often use But truly if as Esdras and his Companions once so wee interpret the Scripture by the Scripture comparing together what was dictated by the same Spirit we shall easily find the honour of which the Prophet speaks is proper and peculiar unto Christ which the Psalmist expresses almost in the same words and it is given to the Church for Christ spiritually reigning in it as under the old Testament we read the Arke to have been adored There is therefore a Trope in that prophecy neither can the words be rigidly pressed without transferring that Majesty to the Church which agrees to Christ alone the Prince of the Kings of the earth That saying which is so much cryed up by the Papists that the Emperour is within the Church not above the Church is most true of the Church Catholick that never was never will be under one King but it must be taken warily of the visible Church of one kingdome so as not to deny the Superiority of the Empire for a King that properly bears the name of King is not only Superiour to the people taken severally but to the whole people altogether Nor is this understood of unbelieving people only of whom Christ hath said The Kings of the Genâ—â—les bear rule over them but even Gods own people Israel thus speak A King shall be over us And Christian people are taught Subjection to the unbelieving Kings by Paul and Peter Whereupon is that of Chrysostome If this berequired under Pagan Kings how much more ought it to be under Kings that are believers Nor is it materiall that pious Authors sometimes say Kings doe service to the Church for they mean only that they doe consult and provide for the commodities thereof In which sense also the old Pagans call'd a Kingdome Service So doth the Shepheard serve his flock the Tutor his Pupill the Generall his Army and yet the Flock is not above the Shepheard nor the Pupill above the Tutor nor the Army above the Generall For they that govern serve by the office of consulting and graciously providing as Austin speaks Kings therefore may be said to serve the Church not to be servants of the Church in that sense as service signifies subjection For Saul is not the servant of Israel but Israel the Servants of Saul and specially Abimelech amongst the Priests as David among the Peers So is Sadoc the Priest the servant of David and Solomon Wherefore also the greatest Synods being as it were a Compendium of the whole Church living under the Roman Empire salute the Emperours by the name of their Lords Certainly as a Father hath equally the Rule over his family whether believing or not so the peoples right Religion diminisheth nothing of the Right of the Highest Power Some think this a very strong argument against the Authority asserted to the Highest Powers that the Sacred Function of Pastors is conversant about Kings also not only as the Gospel is in generall preached unto them among the rest but as by the Ministry of the Keys it is applyed to them in particular But the weaknesse of this Argument is convinced by like examples for what Function is not conversant about the King Husbandmen Merchants and the like the King stands in need of but to come nearer the Physician cures the King as well as his Groome and prescribes to both what may conduce to their recovery moreover the Counsellour of State is employ'd about the King not only as a man but as a King Yet no man hath been so unwise to exempt either the Persons or Functions of any of them from the Highest Authority and loose them from the bonds of Humane Lawes We must come now unto them who think all Authority about Sacred things so to belong unto Christ alone that Kings cannot be partakers of it because he is sufficient alone for the Administration of his Kingdome and needs not the help of a Deputy That we may satisfy these men the actions of Christ must be distinguished His Legislation and his finall Judgement are peculiar to him In his Legislation is comprehended not only a more plaine promulgation of the Divine Law mis-interpretations being rejected and the difference laid open between the things which God alwaies approved and those which he did wink at or beare with for a time but also the constitution of the Evangelicall Ministry and Sacraments with the abrogation of the Ceremoniall Law His finall Judgement conteins the condemnation of some and the absolution of others with exhibition of the reward Which being done Christ shall put off the Administration of his Kingdome and yet retein the Majesty of a King for
this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
very few are to be defined the necessary with Anathema the rest without as it was done in the Synode of Orange and there are in the antient Counsell of Carthage these words to the same purpose It remains that we speak our opinion in this controversy judging no man nor separating him from our Communion if he think otherwise But in those first ages it was very available to the keeping of peace in the Catholick Church that no Dogmaticall definitions were wont to be made but in Generall Councils or if any were made in lesser Synods they were not firme untill they were sent to other Churches and approved by common judgement Which custome if the Rulers in the Christian world would now revive they could not doe the Church a greater benefit for in those remedies which Physicians call topicall is little help nor can the unity of the parts be hoped for but from the unity of the whole body I cannot forbeare to praise that excellent Canon of England An. 1571. Let Preachers take heed of Preaching any thing to the people as a necessary point of Faith but what is agreeable to the doctrine of the old or new Testament and which the Catholic Fathers and antient Bishops have collected thence What hath been said of things to be believ'd must be understood also of things by the Divine Law appointed to be done but of these the controversies are not so many In both kinds for the reteining of concord it will be needfull to make the people understand that all things enjoyned are agreeable to Gods word That which Seneca saith against preambles Let the Law command not dispute may have place in things meerly Arbitrary yet in such Laws we see the reason of them given at large by Justinian and others in the Code and Novell Constitutions but in things that are to be perform'd religiously the severity of the Injunction is to be mollifyed by the gentlenesse of persuasion So Plato hath given in precept and Charondas and other Law-givers have shewed us by example And certainly as Governments are made firme by the willingnesse of people in all things so most of all in the businesse of Religion For saith Lactantius Nothing is so voluntary as Religion which without the wils consent is nothing And people that are compell'd by Law to serve God serve not God but the Prince Themistius Here then is required the greatest care and pains that the major part of the people being convinc'd by divine Testimony may know the things commanded to be according to truth and piety I say the major part sor we may rather wish than hope for an universall consent but for the ignorance or malice of a few the care of truth and peace is not to be deserted Yet here must be shewed tendernesse and discretion that they who resist both the Divine and Humane Ordinance may be rather withheld from doing ill than compell'd to doe good as Austin hath long agoe judiciously distinguisht in this matter Now we goe on to the things not determined by Divine Law such as are many things belonging to Church Government to Rites Ceremonies Wherein if the matter be fresh and easy to be wrought it were safest to restore all things to the times next the Apostles and to observe what was then observed with great consent and no lesse benefit of the Church For the most antient Constitutions are the best Yet there must be a respect had to the present things and a respect to the places too Wisely saith Jerom In things neither contrary to Faith nor manners let the customs of our Country be as Canons Apostolicall Austin and others have words of the same sense And variety here is of good use serving for a Testimony of Christian Liberty See the History of Socrates 1.5 c. 22. Verily if in this nature there be any thing that may be better'd yet is tolerable and of long continuance 't is wisdome to let it still continue unlesse the change may be made upon a handsome occasion and with favourable assent The change of a custome saith Augustin doth as much disturbe as prosit But in these things wherein Gods word hath left a liberty the Highest Power shall doe well to content the people So in Secular matters we see that Cities and Companies that have no jurisdiction have leave to make certaine orders for themselves which the Highest Power after examination past upon them approves and ratifies One thing more we will not omit which perteins also to the manner of using the Right we treat of The Highest Power ought to use not only the advise but service of other men and therefore particular affairs lest the multitude of them oppresse the mind of one are to be put off to Courts ordained one above another and the last appeal to be made to the Highest Judgement So in the antient Church under the Christian Emperours there were Presbyteries in Cities there were Synods Metropolitan and Exarchicall and above all the rest Imperiall but of this we shall speak againe hereafter All that we have said here of asking Counsell of contenting the people of inferiour Courts and whatsoever may be added ought not to be esteem'd perpetuall and alwaies profitable for no prudentiall precepts are universall because prudence must have regard to emergent circumstances Times Places Persons make a great alteration here When the matter is clear there is no need of Counsell when dissentions are hot and vehement there is little hope of Consent neither can the proceeding be by degrees when either the matter will not admit delay or the Lower Courts are suspected of injustice by reason of hatred or favour or other impediments of upright dealing In such cases when the ordinary course cannot be observ'd advise must be taken of necessity By the way we must note their errour that distinguish of power absolute and ordinary for they confound the power and the manner of using it As in God the power is one and the same whether he work according to the order appointed by him or beside that order so the power also or the right of the Supreme Governour is the same whether he observe the prescribed order or not but in common accidents it is the part of a wise Ruler to follow the accustomed order and the Positive Laws Laws are made for ordinary cases in cases extraordinary the Highest Power must leave the road and take some unusuall way for cases are infinite order and Law Positive finite and the finite cannot be an adequate Rule of the infinite But although it be the Duty of the Highest Governour in usual affairs to use the ordinary way of Government yet if he doe otherwise he may indeed be said to doe not rightly but not to go beyond his Right The right of the highest Power is not limited by Positive Law for the Right of any man is not limited but by his Superiour and no man is Superiour to
himself Hence also Austin said The Emperour is not subject to his own Laws for 't is in his power to make new and Justinian In all things before spoken the Emperour is excepted to whom God hath made the Laws themselves to be subject If then the Question be proposed whether it be lawfull for the Highest Power in common accidents to exceed the bounds of Law the Answer may be given in the words of Paul the Apostle It is lawfull but not expedient or in the words of Paul the Lawyer It is lawfull but 't is not for his honour It becomes your wisdome saith Cicero to consider not how much you may doe but what you ought to doe and every where in good Authors to that which is lawfull is opposed that which is a duty that which is expedient that which is honest that which is best to be done Lastly that which is said above hath place here also Though the action hath not full rectitude if Right be not wanting the Act is firme for suppose an unwise command suppose a disorderly command come from the Highest Power it must be fulfill'd if it may be without sin for the Apostles word is still of force We must needs be subject To him hath God allotted Supreme Authority to us is left the glory of Obedience CHAP. VII Of Synods THis place requires that we treat of Synods By Synods we mean Assemblies consisting of Church-Pastors alone or chiefly of them for the acting of somewhat by common consent for if Pastors be call'd together to hear commands that Assembly I suppose is not call'd a Synod The utility of these Synods being evident it is enquired what Original they have and what necessity I find no Precept in the Law Divine for having of a Synod and they are much deceiv'd that make Examples of equall force with Precepts Yet are Examples of great use that it may appear what hath been usuall and what in the like cases may be prudently imitated We have no Examples of these Synods out of the Old Testament for a Synedry is one thing and a Synod another In the New Testament we have a Law for Believers to meet for prayer and hearing the Word and breaking of bread The offended brother is bid to tell it to the Church that is to the Assembly of the faithfull and it is added Where two or three doe joyn in prayer and where two or three are met together in the name of Christ Christ will be present with them And Paul saith The spirits of the Prophets are subject to the Prophets speaking of one Church or Congregation Here is no Synod yet The Originall whereof is wont to be taken from that History Acts 15. but whether that Assembly be properly call'd a Synod as we now take the word may be made a Question There arose a Controversie between Paul and Barnabas and certain Jewes at Antioch concerning the force and efficacy of the Mosaicall Law Paul and Barnabas and some of Antioch are sent to know the judgement of the Pastors of all Asia or of Syria Cilicia and Judoea gathered into one place no certainly but of the Apostles and Elders at Jerusalem The company of the Apostles was a College not a Synod and the Presbytery or Eldership of one City was not a Synod neither Only one Church is consulted with or rather the Apostles only whose Answer is approved by the Elders and Brethren of Jerusalem Wherefore we derive the originall of Synods from the Law of Nature Man being a sociable creature his nature permits association especially with them to whom either any contemplation or action is common So Merchants for Traffick Physicians and Lawyers to examine the controversies in their Art hold their meetings by the Law of Nature But to avoid mistake we distinguish between that which is naturall absolutely and cannot be altered as to worship God to honour our Parents not to hurt the innocent and naturall after a sort that is permitted or allowed by Nature untill some Law of man interpose thus all things are by Nature common all persons free the next of kin is heir untill by humane Constitutions propriety and servitude be introduced and the Inheritance given away by Will In this second acception it is naturall to hold Synods for if it were so in the former sense Bishops would never have asked the Empeperours leave before they met and Jerom's argument to prove a Synod unlawfull were not good Shew me saith he what Emperour commanded the celebration of that Council The convention therefore of a Synod is in the number of those things which being permitted by the Law of Nature are wont to be commanded by humane Law or permitted or prohibited So in the Council of Agatha the Bishops summoned to the Synod are desir'd to come unlesse they be hindred by sicknesse or the royall Precept It may be objected that leave to gather a Synod was never asked of the Pagan Emperours But we say there was no need to ask leave when there were no Imperiall Edicts against it As for the antient Decrees of Senate against meetings religious meetings were excepted in them and particularly the Jewes as Philo relates it had leave of Augustus to assemble In whose privileges the Christians might justly claim a share believing all things that are written in the Law and the Prophets And Suetonius under the name of Jewes designes the Christians too Besides in the places where most of the Synods were held though subject to the Roman Empire they had the benefit of their own Lawes Wherefore if at any time the Churches enjoyed Peace which often happened under Pagan Emperours the Bishops had no hindrance but they might meet in Synods But in the heat of Persecution as the Christians could not intermit Church-meetings although forbidden by humane Lawes because they were commanded by Divine So the Bishops were carefull not to incurre the suspition and hatred of the Rulers by Synodicall Assemblies so long as the Church could subsist without them Cyprian shewes in severall places when under persecution there arose a great Question about receiving the lapsed into Communion and to the deciding of it there was need of Common-Counsell neverthelesse the Bishops deferred their meeting till the storme was past neither durst the Bishop of Rome Liberius without the consent of Constantius call a Synod The orthodox Bishop of Spain assembled not into the City of Agatha without the permission of King Alaric although an Arian What the Pagan Emperours had no regard of that the Christian Emperours justly assumed to their care and government well considering the corruption of anything to be so much the worse by how much better it is in the regular use After that Synods were not left in medio but as they gave hope of good or fear of evill so they were either commanded or forbidden Therefore Socrates the Historian saith The greatest Synods were holden
according to the Emperours pleasure This is spoken of generall Synods in the Roman Empire But Constantine called also Topical whereof Eusebius speaks Having speciall care of the Church when discords arose in sundry places The Emperour himself being appointed by God the common Bishop or Overseer commanded the Ministers of God to assemble in Councils After the Acts of the Nicene Councill were confirmed by the same Constantine the generall Law of Synods to be holden twice every year supplyed the place of speciall consent In stead of half-year Synods in some places they had annual Nor was the Assembly at the pleasure of the Bishops but the Governours of Provinces had a charge given them to make the Bishops though they should decline it to meet together in Synods and beside those at set times other Synods also were holden out of order at command of the Highest Power But there are three principall Controversies concerning the Highest Powers right and office about Synods First whether it be lawfull for the Highest Power to command any thing in Sacred affaires without a Synod Second what is lawfull for him and what he ought to doe before the Synod and in the Synod Third what after the Synod For the resolution of the first Question we must conceive whatsoever is said very justly of the exceeding great commodities of Synods belongs to the manner of using the Right of Empire not to the Right it self For if the Highest Power should receive from the Synod any right of Governing it were not then the Highest The Highest being that which is subject unto God alone and under God hath the fullest right of governing Again if the Highest Power without a Synod could not command that which it might command with a Synod then should it receive part of the right of governing from the Synod and then because none can give what he hath not it would follow that somewhat of the Government were in the Synod which the Synod not having by any Humane right must challenge by Divine right whereas the Divine Law denies any such Power to have been given by God unto the Church as hath been shewed above and therefore not to Synods The Right being thus confirmed we make no scruple to affirme That the Highest Power may sometimes rightly order Sacred things without a Synod They that universally hold it unlawfull will never prove what they say but we shall easily For there are extant many examples of the Hebrew Kings that without a Synod gave commands in Sacred matters Whether the Church declare or not even before the Churches declaration the Kings duty is to reform what is amisse and for neglect thereof he must give account to God Eminent among the Christian Emperours is the example of Theodosius He sate as Arbitratour between severall Factions of the Bishops he gives every one the hearing he reads their confessions and after prayers to God for his direction he gives his judgement and pronounceth his sentence for the Truth To omit other examples The Kings and other Highest Powers which in the memory of our fathers have purged their Churches from inveterate errours have done according to the pattern of those antient Kings and Emperours as elsewhere we have shewed True it is and they are commended for their diligence that have observ'd it there were such circumstances in those actions by reason whereof that course was taken and no other could serve the turn And we acknowledge that course to have been extraordinary and more seldome taken but as before we say The manner of doing being divers with regard to times and persons changeth not the right but floweth from it according to the rules of prudence Nor doth any one affirm a Synod is to be omitted without cause but that sometimes there may be causes for the omission of it These causes may be referr'd to two heads either because a Synod is not necessary or because it appears it will be unprofitable That both may be the better understood we must note the Ends of a Synod in a publick Church for of this we speak We have proved already that a Synod is not called as if it had any part of the Government belonging to it The end therefore is that it may give Counsell to the Prince for the advancement of Truth and Piety that is goe before him by a directive Judgement Another end is that by the Synod the Consent of the Church may be setled and made known So although the Apostles severally had both knowledge and authority to define the controversie of Mosaicall Ceremonies it was 01 for the Churches good that it should appear they were all of one mind and that the pious people should be taught to understand the truth rightly and to make unanimous confession of it A third end may be added to the former as Presbyteries in a publick Church so Synods beside their native have an adventions right from Human Law whereby they judge of Causes as other Courts ordained by the Highest Power and so that upon their sentence coaction followes But now of all these ends none is necessary nor is a Synod simply necessary to those ends Counsell is not necessary in things manifest to any one by naturall or supernaturall Light For as Aristotle said well Wee make use of Counsellours in great matters when we distrust our selves as unable without the help of others to discern the Truth Who doubts but the man that denies God or his Providence or his Judgement after this life the man that makes God the proper author of all sins the man that denies the Deity of Christ or the Redemption wrought by him I say who doubts but a man so prophane may be put out of office or out of the Common-wealth by the command of the Highest Power without the advise of many Counsellours Again the Highest Power may have such assurance out of some former Synod that he need not call a new one Therefore a Synod is not necessary to the end sufficient Counsell may be had And as for consent of the Church to be enquir'd or constituted 't is in vain sometimes to take any pains about it when the Church is manifestly divided two wayes the parties and their heat being well night equall as in the Donatists time it happen'd in Africa Sometimes also the consent of the Church may be known without a Synod if there be extant the unanimons writings of almost all the approved Doctors in their Churches Be sides every one in private may either by voice or writing declare his opinion which Austin saith was done in his time and commends it And he that peruseth antient story shall find the Churches affaires more often transacted and consent testified by communication of Letters than by Synods as is observed by Bilson Reynolds and the Magdeburgenses And lastly it may be the Cause in hand is so peculiar to one Church that the consent of others is not needfull Now for the third end
interpreted You shall destroy their altars and break downe their statues and cut down their groves and burn their graven images with fire The command must first be given by the Highest Power and then must execution be done readily by the Subjects Doe thus saith Austin upon the place when you have receiv'd Commission for it The Pagan Temples in the Roman Empire were not shut up before that Law of Constantius extant in both the Codes If any one hath broken Idols and there been slaine the Elibertine Councill forbids him to be receiv'd among the Martyrs because it is not written in the Gospell nor is any such thing found done by the Apostles But the Highest Power hath not only forbidden Idolatrous Assemblies but those too which gave themselves to any evill superstition or errour publickly pernicious or were obstinate breakers of the Churches peace Christian Emperours have excluded Hereticks and Schismacks from all accesse to honours have deprived them of the right to obteine any thing by Will have given away their Churches to the Catholicks All which Austin at large defends against the Donatists For those pâ—â—shments of such inexcusable Delinquents in Religion which left them time of repentance the antient Church approv'd But the paine of Death was so much against the gentlenesse of the old Religion that Idacius and Ithacius were condemned by the Bishops of Gallia for being Authors that certaine Priscillianists should be confuted with the sword and in the East a whole Synod was condemned which had consented to the burning of Bogomilus Yet sometimes also false Religions have gone unpunisht under pious Emperours The Jews whilst they held from the contempt of the Christian Law and from drawing over Christians to their Sect had alwaies free use of their Religion Neither were the Pagan rites prohibited by Constantine at the beginning of his conversion but he advanced Pagans to the Consulship as Prudentius notes to Symathus So Jovinian and Valentinian Princes worthy of all praise terrified not them with threathing edicts that violated the verity and unity of the Christian Law And which is more to be noted the Emperours did not only permit impunity to disagreeing sects but often made Laws to order their Assemblies Constantine and following Empâ—â—urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops So Theodosius forbids any to be received into their Sect against the will of their Primates and forbidding them to be received into their Assemblies that denyed the Resurrection and Judgement or would not acknowledge the Angels to be Gods creature He saith he had reformed the Jewish Nation So the Proconsuls took away the Churches of the Donatists from the Maximianists because they were proved to have been condemned in a Councill of the Donatists Moreover in the true Church the Right and Office of the Highest Powers is not only conversant about the whole body of Religion but the single parts as reason and examples doe evince Reason because it cannot be otherwise but He that hath right upon the whole hath right upon the parts Examples are at hand Ezechias that he might suppresse the adorers superstition took away the Serpent set up by Moses and by the same right against the Decrees of the second Nicene Synod Charles the Great forbad the adoration of Images Honorius and Arcadius repressed by their Edict Pelagius and Calestius the authors of a false opinion and so of late some of the German Princes have purged their Churches otherwise well ordered of the Ubiquitarian Errour For prevention of Schisme Constantine cut off needlesse Questions an example worthy to be imitated by our Rulers for it is most true which Sisinius said to Theodosius By Disputations about Religion contentions only are inflam'd The Emperour Andronicus of excellent knowledge in Divinity threatned the Bishops disputing subtilly upon The Father is greater than I that unlesse they would abstain from such dangerous discourse he would throw them into the river Even true words but not extant in the Bible were for a time forbidden to be used So Heraclius the Emperour prohibited both the single and the double Energy to be ascribed to Christ that this is not to be dislik'd we have the authority of St. Basil for us who saith Many pious men abstained from the words Trinity and Homousion and that also the word Unbegotten is not to be used of the Father because these words are not in Scripture And Meletius of Antioch for a time abstained from questions about Doctrine only delivering what pertained to emendation of manners esteeming this care above the other It is pertinent here which Plato hath in his Lawes That no man should publish any writing unlesse approved first by Judges appointed for the purpose This is also an especiall work of Lawes to compose the manners of the Clergy The blind and the lame David excludeth from the Temple Ezechias and Josias command the Priests to be purified Justinian doth not allow the Bishops to wander up and down to play at Dice to be spectators at Playes And Platina exclames very justly O King Lewis I would you lived in our times Your most holy orders your Censure is now very necessary for the Church To proceed That the Powers also used their Authority in defining things which the Divine Law hath left undefined is most plain The King of Ninive proclam'd a Fast David commands the Ark to be transported Solomon orders all things for the ornament of the Temple and after him Josias who also takes care that the Treasure destin'd for Sacred uses be not alienated Of this kind is the greatest part of Constitutions which appear in Theodosius and Justinian's â—ode and in the Novels and in the French Capitulars as of the age of Bishops Presbyters Deaconesses of the immunity and judgements of the Clergy-men and insinite other things which were tedious to number That in those Lawes are Constituted many things that are not in the Canons both the Reading shewes and Whitaker confesses Therefore also in the Trent Synod the King of France doubted not to declare by his Orators That the most Christian Kings so 't is in the Acts have made many Edicts in matters of Religion after the Example of Constantine Theodosius Valentinian lentinian Justinian and other Christian Emperours That they have made many Ecclesiasticall Lawes and such as the antient Popes not only were not displeased with but some receiv'd into their Decrees and esteem'd the chiefe authors of them Charles the Great and Lewis the Ninth most Christian Kings worthy the name of Saints That the Prelates of France and the whole Order Ecclesiasticall according to the Prescript of those Lawes have piously and Christianly ruled and govern'd the Church of France In the mean time it is most true that the Emperours for the most part in making lawes had respect unto the Canons old or new whence is that saying The Lawes disdain not to
imitate the Sacred Canons For in things not defined by Divine Law the Canons are usefull to the Law-giver two wayes They doe both contain the Counseis of wise men and make the Law more gracious in the subjects eye This as it is not necessary to the right making of a Law so if it may be obtained is very profitable Justinian's Novel is Extant wherein he gives the force of Lawes to the Ecclesiasticall Canons set forth or confirmed by the four Synods the Nicene the first of Constantinople the first of Ephesus and that of Chalcedon Where by the word Confirmed we must understand the Canons of the old Provinciall Councils which being generally receiv'd were therefore contained in the Code of the Catholick Canons Now to that which some Enquire whether the Church hath any Legislative Power the Answer may be given out of our former Treatise By Divine Law it hath none Before the Christian Emperours the Decrees of Synods for the order or the ornament of the Church are not called Lawes but Canons and they have either the force of Counsell only as in those things that rather concern single persons than the whole Church or else they bind by way of Covenant the willing and the unwilling being the fewer by necessity of determination and therefore by the Law of Nature not by any humane Authority This notwithstanding some Legislative Power may be granted by Humane Law to Churches Pastors Presbyters or Synods For if to other Companies and Colleges whose usefulnesse is not to be compared with the Church that Power as we have said above may be granted by the Supreme Governour why not also to the Church especially when no Divine Law is against it But two things must be here observed First this Legislation granted doth not at all diminish the right of the H. Power 't is granted Cumulatively as the Schooles speak not Privatively for the H. Power though it may communicate to another the right of making Lawes generall or speciall yet can it not abdicate the same right from it selfe Next the Lawes made by any such Company may if there be cause be nulled and corrected by the H. Power The reason is two Lawgivers both highest cannot be in one Common-wealth and therefore the Inferiour must obey the Superiour Hence it is that for the most part in the constitutions of Synods we see the assent of the Highest Power expressed in these words At the command of the King By the Decrce of the most glorious Prince the Synod hath Constituted or Decreed It may be objected here That Kings sometimes affirme they are bound by the Canons and forbid to obey their Edicts contrary thereto But this is of the same sense as when they professe to live by their own Lawes and forbid their Rescripts if they are against the Lawes to be observ'd For such professions take not away their Right but declare their will As a clause added in a former Testament derogating from the later makes the later of no value not because the Testator might not make a later Testament but because what is written in it is supposed not approved by his free and perfect Judgement And hence it is that if there be a speciall derogation from the derogating clause as the later Testament is of value so is the later Constitution too But that Canons have been nulled and amended by Emperours and Kings and that Synods ascrib'd that Power to them was prov'd sufficiently when we treated of Synods Yea which is more even those Canons which are found in the Apostles writings were not perpetually observ'd The reason is because they were supposed to contain not so much an exposition of Divine Law as Counsell accommodated to those times Such is the Canon to Timothy That a Neophite be not made a Bishop which was renewed in the Synod of Laodicea Yet in the Election of Nectarius this Canon was layd by by Theodosius and by Valentinian in the Election of Ambrose And such is that Canon That a Widow under sixty be not chosen for a Deaconesse which Theodosius also constituted by a Law Yet Justinian permitted one of fourty to be chosen 'T is not to be forgotten here that the Hebrew Kings excepted some actions from the Divine Law it selfe There was a Law That no unclean person should eat the Passeover Yet Ezechius having poured forth his prayers to God granted an Indulgence to the unclean to cat thereof Again the Law was that the Beasts should be slain by the Priests and yet twice under Ezechias the Levites by reason of the want of Priests were admitted to this office Not that the Kings loosed any one from the bond of Divine Law for that can no man doe but that according to equity the best Interpreter both of Divine and Humane Law they declared the Law Divine in such a Constitution of affaires to lose its obligation according to the mind of God himself For such a Declaration as in private actions and not capable of delay it is wont to be made by private men So David and his companions interpreted the Law which permits the Priests only to eat of the Shew-bread to have no binding force in the case of extreme hunger so in publick actions or in private also that may be delay'd it is to be made by the Highest Power the Defender and Guardian of Divine Law according to the counsell of wise and godly men And hither for conclusion I refer that in the time of the Macchees it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day CHAP. IX Of Jurisdiction about Sacred things TO Legislation Jurisdiction is coherent with so neer a tye that in the highest degree one cannot be without the other Wherefore if the Supreme Legislation about Sacredthings under God agrees to the Soveraign Power it followes that the Jurisdiction also agrees unto it Jurisdiction is partly Civill partly Criminall 'T was a point of Civill Jurisdiction that the Episcopall Sea of Antioch was abjudged and taken away from Paulus Samosatenus The Criminal from the chiefe part of it is call'd the Sword Hee beareth not the Sword in vain but is an avenger upon all that do evill therefore upon them too that doe evill in matters of Religlon Of this sort was the command of Nebuchodonosor the King that they should be torn in pieces who were contumelious against the true God and that of Josias wherby Idolaters were put to Death Relegation also belongs to Jurisdiction So Solomon confin'd Abiathar the Priest without any Council as the Bishop of Ely well notes t was indeed for treason but he had as good Right to punish him if the offence had been against the Divine Lawes So the Christian Emperours banisht Arius Nestorius and other Heretiques Esdras and his associates received Jurisdiction from Artaxerxes whereby they punished the obstinate Jewes with the publication of their goods and ejection out of the
Preaching of the Gospell Legislation It hath been shewed afore that Christ as alone he gives Law to souls so alone he passeth sentence on them not only in the end of the world by the last judgement but in the meane time also by retaining or remitting sins He alone saith Ambrose remits durosins who alone hath dyed for our sins And Jerome saith As the Priest makes the leprous clean or unclean so the Bishop or Presbyter binds or looses The same Father shews where he that useth the Key erres either in fact or Law there the Key is of none effect 'T is otherwise in Jurisdiction for there what the Judge erring hath pronounced stands by reason of his Authority that gives sentence and passes into a judged case As then the Cryer doth not give the sentence that he declares either rightly or amisse so the Pastor in that use of the Keys cannot properly be said to exercise Jurisdiction To the use of the Keys coheres the prescription of works of penance which if it be generall as that of the Baptist to the Jews Bring forth fruits meet for repentance and that of Daniel to the King Break off thy sins by mercy or if speciall as the enjoyning restitution and open detestation of an open offence it pertains to the annuntiation of the Law not to Jurisdiction But if that be specally prescrib'd which the Divine Law hath not specially defin'd this belongs not to Jurisdiction but ought to be refer'd to Counsell by which name it is very often called by the antient writers Wherefore as Philosophers Physicians Lawyers and friends also giving Counsell doe not properly pronounce sentence although oft times the Counsell is such as cannot without great fault be rejected so neither doth the Pastor pronounce senrence or use Jurisdiction when he affords advice wholesome for the soule Moreover it is annexed to the use of the Keys which also hath some appearance of Jurisdiction not to exhibite unto certaine persons the seals of Divine grace But as he that Baptizeth or gives the Eucharist as the old manner was into the mouth or hand of the receiver exerciseth not Jurisdiction but only a Ministeriall act so likewise he that abstains from the same actions Nor is any difference here between visible and vocall signs By what right therefore a Pastor declares in words to a man openly wicked that he is an Alien from the grace of God by the same right he forbears to exhibite Bapusme to him it being a sign of the Remission of sins or if he be Baptiz'd the Eucharist it being a signe of Communion with Christ For the signe is not to be applyed to him to whom the thing signified belongs not nor is a Pearl to be cast to Swine but as in the Churches was wont to be proclaimed by the Deacon Holy things are for holy persons Yea it is not only against verity but against charity too to make him partaker of the Holy Sacrament that discerneth not the Lord body for he eateth and drinketh damnation to himself Here then seeing the Pastor only suspends his own act not exerciseth any right of Domiuion over the acts of other men it appears these things perteine to the use of liberty not the exercise of Jurisdiction The like in some proportion wee observe in a Physician that attending his Hydropic patient will not give him water when he cals for it because 't is hurtfull or in a grave man that will not vouchsafe a debauched man the honour of Salutation and in those that avoid the company of men infected with Leprosie or other contagious disease We have looked upon the actions proper unto Pastors let us come to them which belong unto the Church or are common to the Pastor with the Church First then the people that we may speak with Cyprian in obedience to the Precepts of our Lord ought to separate themselves from a sinfull Pastor For command is given to every one particularly and to all in generall to take heed of false Prophets to sly from a strange shepheard to avoid them that cause divisions and offences comrary to the doctrine Secondly the faith full are commanded to decline their familiar conversation who being named brethren are Whormongers Idolaters Railers Drunkards Greedy Heretiques making a gain of godliness or otherwise behaving themselves inordinately against the Institution of Christ Withdraw your selves from such be not mingled with them turn away from them eat not with them saith the Apostle Paul in sundry places For such men are as the Apostle Jude speaks spots in the love feasts of Christians Wherefore when the Scripture makes use of these words 't is manifest no act is signified greater than a private one for what is the Church here bid to do but what a Disciple doth when he deserts an evill Doctor or honest men doe when they renounce the friendship or society of their Companions fallen into wickednesse The words that afterward came into use Deposition of the Pastor and Excommunication of the Brethren seem to come neerer to the nature of Command but words are to be measured by the matter not matter by the words A Church is said to depose the Pastor when it ceaseth to use his Pastorship to Excommunicate a brother when it withdrawes it self from his Communion in both cases it useth its own right taketh away no right from another and although it doth not that without judgement whence also the faithfull are said to judge those that are within it exerciseth no Jurisdiction properly so called for Jurisdiction is of a Superiour over the Inferiour but Judgement is often among equalls as in that place Judge not that ye be not judged Having weighed what is of Divine right let us now see whit hath been added either Canonicall or Legall This was Canonicall and sprung from the Pastors Counsell and the Churches consent that inquisition began to be made into actions also not manifest and that such as abstained not from their sin were not admitted to the Holy Communion but after a certain space of time for it was not unlawfull to doe otherwise but this way was more expedient both for the lapsed and for others For the lapsed that they might the more detest their sin for others that the example might deterre them from the like offence Hence it was that persons guilty of some grievous crime first bewailed their fault for a while without the Temple and after by severall steps were admitted to the Prayers of the faithfull and last of all to the Sacred Mysteries With the like severity did the Essens of old chastise the offences of their order as Josephus relates and at this day the Jewes being but meerly private men doe enjoyn penalties to the followers of their sect that are delinquents He that hath kill'd a man standing out of doores proclames himself a man-slayer To others are appointed abstinence stripes and exile also for what is wanting to the Power of
the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
the Priests might do the same so is there nothing in the Deacons function which is excepted from the function of the Presbyter because the Deacons were given to the Presbyters as Assistants in lesser matters Before Deacons were ordained one of the Apostles Judus Iscariot was Treasurer of the Lords mony and after him all the Apostles for some time distributed their allowance among the poor untill the contention risen among the Widows and the greatnesse of their other employments enforced them to use the help of others And yet the Institution of Deacons did not so acquit the Presbyters but they had still the poor under their inspection Hence were the Bishops chiefly trusted with the dispensation of the Churches mony and that with so full a Power as to be unaccountable but to use part of it for the necessities of themselved and other men and to deliver part to the Presbyters to be disposed among the poor as appears in the Canons which are entitled Apostolicall and in the Synod of Antioch Unlesse the antient Custome had been so in vain had the Apostle commanded a Bishop to be hospital in vain had the Antiochian Collections been deliver'd to the Presbyters at Hierusalem Now concerning the Constitution of Presbyters whose function is principall 01 and most necessary we must note four things that by many writers are not accurately enough distinguished The first is the faculty it self of preaching of administring the Sacraments and using the Keyes wich we will call the Mandate a second thing is the application of this faculty to a certain person which by the received word we will stile Ordination a third is the application of this person unto a certain place or Congregation which is called Election the fourth is that whereby a certain person in a certain place exerciseth his Ministery under the publick protection and with publick Authority and let us call this if you please Confirmation The first is to be distinguished from the second To illustrate this with a Simile The Husbands power is from God the application of that Power unto a certain person proceeds from consent whereby yet the right it self is not given For if it were given by consent by consent also might Matrimony be dissolved or agreement made that the Husband should not rule over the Wife which is not true The Imperiall Power is not in the Electors therefore they doe not give it yet they doe apply it to a certain person The Power of life and death is not in the people before they joyn together in a Common-wealth for a private man hath no right unto the Sword yet by them it is applied unto a Senate or single person Christ without controversie is He from whom that right of Preaching of exhibiting the Sacraments and of using the Keyes doth arise and receive its vertue He also by his Divine providence as he preserves the Church so procures that the Church may not want Pastors The second differs as much from the third as for a Physician to be Licensed to practice Physick and to be chosen Physician to such a City or for a Lawyer to be admitted to the honour of that Profession and to be made a Syndic of some Corporation These two have been ever distinct and sometimes sepatate The Apostles were truly Presbyters and so they call themselves for the greater Power includes the lesse yet was not their Injunction appropriate to any certain place The Evangelists also were Presbyters but to no place bound And so long after was Pantanus ordained by Demetrius Bishop of Alexandria Frumentius by Athanasius and were sent to preach the Gospell through India Which in our time hath been also done and would it were done more carefully Indeed the 6. Canon of the Synod at Chalcedon forbids Ordination absolutely or without a title but this is not of Divine Law or perpetuall but positive and such as admits exceptions The reason of the Cannon was lest by too great a number of Presbyters the Church shall be burdened or the Order it self grow cheap and vile The London Synod excepteth fellowes of Houses in both Universities and Masters of Art living upon their own means and who are shortly to undertake some cure If the Bishop ordain any other 't is at his own perill to keep them from want untill they are provided for Therefore Election that is assignation of a certain place and Ordination are not alway joyn'd together and when they are they are not the same Which is farther proved because they that are translated from place to place must be chosen again but not again ordained which they must be if either Election and Ordination were the same or Ordination a part of Election Besides it will appear that Election was made by men of sundry sorts but Ordination only by Pastors and antiently by Bishops only Hence Paul writing to the first Bishop of the Ephesians gives him Admonition That be lay hands on no man suddenly And the most antient Canons entituled Apostolical require that a Presbyter be ordained by a Bishop but a Bishop not without two or three Bishops Which Custome if seems came from the Hebrews for the Senators of the Great Synedry could not be ordain'd but by three Priests and that by imposition of hands as is noted by the Talmudists Without question this manner was most holy and for the conservation of sound Doctrine most commodious when none was admitted to teach the people but he first receiv'd Allowance from the approved Doctors of the same Faith Pastors therefore ought to ordain Pastors nor is this their office as they are Pastors of this or that Church but as Ministers of the Church Catholick For saith Cyprian There is but one entire Episcopacy whereof every one is a partaker Hence it hath been alwayes held that the Baptism is of force given by a Presbyter without the limits of his peculiar Charge Nor is it materiall whether the Election precede the Ordinarion or be consequent to it for when it precedes it is a conditionate not plenary Election which the Canons of later times have called Postulation Over this Ordination the Highest Power hath an Imperiall inspection and care Justinians Constitutions are extant of the Ordination of Bishops and Clerks and other Lawes of others which prescribe the age and standing of men to be ordained Lawes of good use and fit to be reviv'd for the prevention of the Churches ruine through the rawnesse and ignorance and inexperience of her Teachers according to that out of the old Poët What lost your state founded on so good Rules The publick charge was given to boyes and fooles The fourth member of our distinction Confirmation differs as much from the third as the Church considered by it self differs from the Church publick T is pertinent here that Ezechiah is read to have Confirmed the Priests that Pastors are defended by Lawes and Armes that some Jurisdiction or Audience is attributed to them
that Maintenance is assigned them out of the publick either lands or moneys that Vacation from civill offices and in some causes exemption from the Court of Inferiour Judges is indulged to them All which shewes that their publick Confirmation is by the favour of the H. Power as the Institution of their Office is from God their Ordination by the Pastors Only there remaines to be disputed their Election that is the Application of the Person to the Place or of the Place to the Person That we may handle this question exactly we must have recourse to that distinction set down afore Some things are of immutable right other things are just and right untill it be constituted otherwise In this later way not in the former the Election of a Pastor in any place whatsoever belongs to the Church or Congregation of the faithfull in that place That the Election is rightly made by the Church is proved by the very Law of Nature for naturally every Society is permitted to procure those things which are to their own conservation necessary in which number is the Application of Functions So have the Company in a ship a right to choose the Master Fellow-Travellers their Leader a free people their King Whence it follows if the Divine Law hath not prescribed a certain way of electing and as yet no Humane Law thereof is extant then the Election of their Pastor pertains unto the Church But he that will affirm this Right to be immutable must evince the immutability either by the Law of Nature or by the postive Law of God By the Law of Nature he cannot for no reason persuades it and like examples shew the contrary So many Nations who are under the Command of the best men or of hereditary Kings may not now Elect their King because that which Nature did permit might be chang'd by Humane Law and hath indeed been chang'd He must then have recourse to Positive Law which he will never be able to produce Examples in stead of Law hee must not allege for many things are rightly done which yet are not necessary to be done Nay more not only many things grounded upon examples of the Apostles time but also some things Instituted by the Apostles use hath altered to wit such things which were not strengthned by the force of a Law The Apostles Instituted that the Churches should have Deaconesses which Pliny also shewes to have been among the Christians in his age What Church is there now wherein this Office is retain'd And Beza saith he sees no cause why it should be restor'd The same Beza acknowledgeth the Function of the Deacons to have been perpetuall by Apostolicall Institution who neverthelesse approves the different usage of Geneva The Apostles Instituted that Baptism should be celebrated by immersion which by aspersion is now perform'd Many other things of like sort need not be prov'd abrogated seeing they are prov'd to have been used they are not prov'd to have been commanded But farther it appears not out of the whole History of the New Testament that Pastors were Elected by the people that the manner of Election remained indefinite is more easily collected thence I speak of Pastors for of the receivers of the Churches mony there is not the same reason The Apostles were very sollicitous lest by taking of the publick mony they should incur suspicion or give offence Paul might assume Luke unto himself by his Apostolicall Power and commit to him the custody and disposition of Collections for the poor but he chose rather to permit a free election to the Churches for this reason as himself speaks that no man should blame him in the administration of so copious munificence For the like cause was the election of Deacons remitted by the Apostles to the multitude that no man should complaine of any partiality between the Hebrews and the Hellenists But this was not perpetuall the reason thereof being temporary for in the next times after the Apostles the Deacons were not chosen by the people but by the Bishops the people being sometimes consulted with and sometimes not To proceed with the Pastors the Princes of them the Apostles were elected by God the Father and by Christ I have chosen you twelve I know whom I have chosen saith Christ After that He through the Holy Ghost had given Commandements unto the Apostles whom he had chosen saith Luke Paul an Apostle not of men nor by men but by Jesus Christ and God the Father So them that were in the next degree to Apostles the LXX Evangelists Christ himself appointed This Divine Election to Preach the Doctrine then first brought down from Heaven is signified by the word of sending for after the Election of those LXX it is said pray the Lord to send Labourers into his Harvest and that is pertinent How shall they Preach unlesse they bee sent When Christ was ascended into Heaven the promised Comforter supplyed his place Therefore both to the ambulatory and to the standing Offices the fittest men were chosen by the judgement and testimony of the Spirit but by the Ministry of the Apostles or of them whom the Apostles had made Governours of the Churches So Timothy was admitted to his charge according to the prophecies which went before on him that is saith Theodoret by Divine revelation not by Humane suffrage saith Chrysostomo And Oecumenius generally of that age By appointment of the Spirit were Bishops made not in a common way Hence Paul in his oration to the Presbyters of Ephesus tels them They were made Overseers over the Lords flock by the Holy Ghost Sometimes also Lots were cast that the people might by the event be certified of the Divine judgement The most antient Authour Clemens of Alexandria hath left this written of John the Apostle By Lot He chose the Clergy of those that were signified by the Spirit Nor is it a new thing to use Lofs in the choice of Priests but used also by the Gentiles by the antient institution doubtlesse of the sons of Noah This illustrates the History of Matthias whom I wonder by what argument some have persuaded themselves to have been elected by the people for in Luke there is no foot-step of such election What is said They appointed two Barsabas and Matthias ought not to be referr'd unto the multitude as Chrysostome would have it but as it is the common opinion of the Fathers to those eleven whose names are afore exprest and who by the mouth of Peter had spoken to the multitude These are they who in the words immediatly following are said to have powred out their prayers unto God and to have given forth their Lots that it might appeare not whom the multitude but whom God had chosen for so themselves speak wherefore that which follows is not to be rendred He was chosen by the suffrages of all for who can believe that the people were call'd to
give their votes after the Divine election unlesse Gods pleasure ought not to stand without their good liking but He was numbred with the eleven Apostles as the Syriac and all the antients have interpreted So there is another word in the Acts wherein some are more subtile than is necessary The Apostles are said to have commended the faithfull Lycaonians to God with prayer and fasting after they had ordained them Presbyters in every Church This ordaining is expressed by a Greek word in whose Etymology some have found the suffrages of the people And 't is true that both at Athens and in the Cities of Asia there was a Custome of giving suffrages with the hand stretched forth And if we were delighted with that subtilty 't were easy to interpret the word of the Apostolicall Imposition of hands or Ordination for he that imposeth hands must needs stretch them forth and the next writers after the Apostles use the word in this sense But indeed neither the Evangelists nor other Greek Authors are so curious in their words yea there is scarce any word which hath not enlarged its signification beyond the originall meaning Againe if Luke in this place would have signified a popular election he would not have ascribed the word ordained to Paul and Barnabas as hoe doth but to the multitude Therefore Paul and Barnabas doe the same thing here which in another place Paul would have Titus doe that is or daine Presbyters in every City That which Titus is commanded to doe by the precept of the Apostle the same doth the Apostle here being so authoriz'd by the Spirit of God that he needed not the assistance of the people Lastly the fasting and prayers did not precede the Ordination but intervened between it and the Valediction that it is strange this should be drawn into an argument of popular election when as if the prayer and fasting of the people had preceded this were nothing to the purpose For the people may also fast and pray to God that the election of a King to be made by the Electors may be prosperous and happy yet are not the people therefore the Electors I have seen them who would assert Election to the people by Divine and immutable right upon this ground that the people hath from God a precept to avoid false Pastors But these men doe not observe that this argument if it have any force proves Election to be the right not of the multitude only but entirely of every single person For all and every one must avoid false Pastors with all care And so must every sick man take heed of a rash Physician but no man will therefore say that the City Physician is to be chosen by the Plebeians This may rightly be collected thence before election can come unto effect the people and every one among the people must have power to allege causes if they have any wherefore he that is proposed ought not to be elected For Paul having spoken of Bishops and passing unto Deacons saith And let these also first be proved where requiring that to be observ'd in Deacons which was to be observ'd in Bishops there is no doubt but he would have Bishops to be proved especially seeing he said afore that they must be blamelesse Among the Athenians there was a probation of their Princes the forme whereof was this What Parents and fore-Fathers they were extracted from of what tribe they were of what estate what service they had done the Common-wealth So if a Pastor were to be elected it was justly granted every one to enquire what his behaviour was how married what his children were and the rest which Paul would have observed in a Pastor This is that in the Councill of Chalcedon Let the name of the ordained be publisht for so Lampridius hath exprest it in the life of Alexander Severus When he appointed Governours of Provinces he publisht their names exhorting the people if they had any thing against them they should bring in their evidence for he said it was a great gravamen not to doe that in choosing Rectors for Provinces which the Christians and Jews did in publishing the names of such as are to be ordain'd This is indeed a Luculent Testimony of the old fashion of Christians not much distant from the Apostolicall time For between the decease of John the Apostle and the Reign of Severus are about a hundred years and ten But this place is so far from evincing the Christian Priests to have bin chosen by the people that hence you may rather conclude the contrary For 't is one thing to be admitted to prove crimes or impediments another thing to elect Severus did propose unto the people the Governours names but that they were elected by the Emperour himself no man that hath read History will doubt Yea 't was needlesse to propose the Priests unto the people if the people did elect them It is most certaine in the antient Church after the Apostles age although by right the people might choose their Pastors that was not every where observ'd but the people abstained very often from election by reason of the incommodities of popular Voting retaining in the mean time the right of probation And this is the sense if it be rightly weighed of Cyprian's Epistle to those of Spain wherein some lay the chiefe foundation for Election by the people for he doth not precisely say The people have power of choosing worthy Priests but either of choosing worthy or refusing the unworthy Either is sufficient for Cyprian's purpose that an unworthy person may not creep into the place of a Priest And in the following words hee doth not say a Priest is to be chosen by the people but the people being present Why so that a fit and worthy person may be approv'd by the publike testimony and judgement And a little after that the people being present either the crimes of evill men may be detected or the merits of good men commended How so Because the people most perfealy knowes the life of every one and hath best experience of his conversation Neverthelesse the same Cyprian in the same place declares that to choose a Bishop in the presence of the people was not a thing of universall Custome It is held saith he among us and in all the Provinces almost How weak the arguments are which he allegeth out of Scripture to prove the peoples presence necessary hath been shew'd by others And the cause he brings hath hardly place but where the Pastor of a City is to be chosen out of the people or Clergy of the same But that Elections were not alwayes made by the people appears even out of Cyprian himself in another Epistle which is likewise thought to favour popular suffrages In Ordinations of the Clergy most dear brethren we are wont to consult with you afore and by common advise to weigh the manners and merits of every one but
humane Counsells are not to be waited for when the Divine suffrages doe lead the way Aurelius our brother an illustrious young man is already approved by our Lord and called by God c. And then Know ye therefore most beloved brethren that He was ordained by me and my Collegues that were present He saith He was wont to consult with the people that they were alwayes to be consulted with he saith not yea by his example he shewes the contrary for He with his Bishops had promoted Aurelius the peoples advise being not required Hee setteth down the cause the people is advised with to give testimony of life and manners but Aurelius had a sufficient testimoniall from his twofold Confession which Cyprian calls a Divine suffrage By the same right Hee declares to his Clergy and people by epistle that Numidicus was to be ascrib'd to the number of the Carthaginian Presbyters and that he had design'd the like honour for Celerinus That in Africa other Bishops also had right of Electing Presbyters the saying of Bishop Aurelius in an African Councill sheweth The Bishop may be one by whom through the Divine grace many Presbyters may be constituted And that the testimonies of the people were not alwaies desired is manifest in the third Carthaginian Councill the words of the Canon are That none be ordained Clerk unlesse he be approved by the testimony either of the Bishops or of the people Wherefore two wayes lead one to the Clergy Popular testimony or Episcopall examination Whence Jerom to Rusticus When you are come to perfect age and either the people or the Prelate of the City shall elect you into the Clergy And in another place Let Bishops hear this who have power to Constitute Presbyters through every City Yea the Laodicean Synod whose Canons were approved by a Councill Oâ—cumenicall rejecteth popular Eclections Upon which place Balsamon notes that the most antient Custome of popular Elections was abrogated by that Canon for the incommodities thence arising as he also notes upon the xxvi of the Canons Apostolicall that Presbyters were of old chosen by suffrages but that custome was long since expired Now let us proceed to the Election of Bishops a thing of so much more moment than the former by how much more care of the Church was imposed on the Bishops than on the meer Presbyters No man denies them to have been chosen by the people that is by the Laity and the Clergy after the Apostles time but this to have been of right immutable no man can affirm For to passe by the examples of them that have been constituted Successors by the deceasing Bishops it is a thing of most easie proof that Bishops were very often chosen either by the Clergy of their City alone or by the Synod of their Comprovinciall Bb. For the right of the Clergy the place of St. Ferom is remarkable At Alexandria from Mark the Evangelest unto Heracles and Dionysius the Bishops the Presbyters alwayes named one to be Bishop chosen out of themselves and placed in a higher degree Naxianzen speaks ambiguously He would Elections were permitted either to the Clergy alone or chiefly to them for so lesse evill would befall the Churches yet withall he shewes this was not observ'd in his time but the suffrages of the richest and most potent men yea the Votes of the people too had the stroke in Elections But the Election made by the Comprovinciall Bishops is approved by the great Nicene Synod without any mention of the people Whereunto agrees the Antiochian adding this If any contradicted such Election the suffrages of the greater part of Bishops should carry it Yet I deny not in many places even in the time of these Synods the people also had their Votes but the custome was not universall It was free untill the Synod of Laodicea was confirmed by an Universall Councill the xii Canon whereof following the Nicene and Antiochian gives the right of Electing to the Comprovinciall Bishops the xiii expresly takes away all Sacerdotall Elections from the multitude Justininian also hath excluded the common people from the Election of Bishops and committed it namely to the Clergy and the prime men of the City By the prime men he means the Magistrates and Officers Among many named the designation of one he committed to the Metrapolitan yet so that if there were a scarcity of able men the Election of one by the Clergy and principall men might stand Notwithstanding this Constitution of Justinian which did not long outlive him soon after there was a return to Synodicall Elections which Balsamon relates were usuall in the East in his time also with this exception that the Metrapolitans were chosen by the Patriarchs the Patriarchs by the Emperours Wherefore we conclude it is neither proved out of the Scripture nor was it believ'd by the antient Church that the Election either of Presbyters or of Bishops did immutably belong unto the people Of this judgementa also they must needs be whosoever have transferred the Election to the Presbytery for were it of Divine and immutable right that the Multitude should Elect the election could not be transferred to the Presbytery more than to any others Neither were the Compromise of any value which we read was often made concerning Election if it be determined by Divine Precept that the common people must choose the Pastor for that sentence What a man doth by another bee seems to doe by himself pertains only to those actions whereof the next efficlent cause is undetermined by Law Certainly the very same thing that wee say was judg'd against Morellius at Geneva that is in that City wherein great honour great right belongs unto the people which Decree the most learned Beza defending That the whole multitude saith he was call'd together and gave their Vote was neither essentiall nor perpetuall In the same place he thinks it sufficient if the common people be allowed to bring in reasons why they are displeas'd at the Election which reasons afterward are lawfully to be examin'd Beza himself commits the Election to the Pastors and Magistrates of the City which is congruent enough to Justinian's Law but is not of right Divine and immutable for how can that be prov'd if Ordination and Confirmation be rightly distinguisht from Election And the antient Church was of another mind permitting to the Bishop the Election of Presbyters and of the Bishop to the Comprovinciall Bishops Wherefore the manner of Election is of the number of those things that are not specially determined by Law Divine but only under generall Rules which command all things to be done in the church for edification in the best order and without confusion But in all things of this nature those generall rules remaining safe wee have demonstrated afore Legislation belongs to the Highest Power Bullinger a man of a very sharp judgement is of the same mind who having alleged many examples of popular
things commanded by Divine Law and the things not commanded For although the right or manner of regiment somewhat differs thence wil follow no divulsion of the Churches as long as neither part ascribes to their own way the authority of Divine precept And this is the prihcipall cause why we have taken so much pains to shew That manner of Election which Kings and some pious Princes do at this time use is not by Divine Law forbidden Not that we propose their examples to be imitated by others for other kinds of Election may be either by themselves more profitable of at least to the disposition of the people and state of some churches more fit or else if for no other cause for the antient custome sake to be preferr'd but that we may not by a temerarious censure alienate from us the Kings and the Churches too by whom that manner is observ'd What we have done concerning Election the same we must doe about the offices Ecclesiasticall which some of the late Reformed Churches use and some use not That is Wee must declare nothing is either way defin'd concerning them by Precept of Divine Law whereby it will easily appear The diversity of government ought not to be any obstruction to fraternall unity Fully to understand the right of the Highest Powers this Discourse is very necessary for in things determined by Divine Precept a necessity of execution lyes upon the Highest Power in other things there is left some liberty of choise And as we have said afore The Ecclesiasticall Government for the most part is conformable to the Politicall which was also observed by the King of Great Britain a Prince of excellent wisedome Now the principall Controversie amongst the Protestants is about the Episcopall eminence and about their office who being not Pastors that is neither preach nor administer the Sacraments yet are Assessors or assistants unto Pastors and by some are stiled Presbyters or Elders Let us consider of both so farre as our designe permits for these questions are so largely handled by others that scarce any thing remains to be added Especially the most learned Beza having undertaken the defence of the Gonevian Discipline hath according to the fertilty and vigour of his wit copiously expressed what might be said both for those Assessors and against the Bishops And on the other side they that extoll the Anglican Church Saravia and the Bishop of Winchester have disputed very smartly as well for the Bishops as against those Assessors So that whoever would have perfect intelligence of these matters are to be remitted to their Books For our parts Our endeavour being to lessen not to widen the difference we will contract into a few determinations all that is either confessed on both sides or may be so clearly prov'd that it cannot be gainesaid by any but the contumacious In the first place for Bishops we take leave to use the word in that signification wherein the Synods Universall and Topicall and all the Fathers have alwaies us'd it In the Apostolicall times it is certaine though the Functions were distinct the names were not For the Function of the Apostles is call'd Presbytery and Episcopacy and Diaconary nor is any thing more usuall than for the genericall name by some particular right to adhere to one of the species as in adoption cognation and other words of the Law appears And so the name of Bishop when in the nature of the word it signifies any Inspector Overseer and Prepositus or as Jerom translates it supra-attendent for the Septuagint also have rendred the Hebrew word which is given to Magistrates by the name of Bishop and among the Athenians the forreigne Praetor among the Romans the municipall Aediles were called by this name and Cicero saith Himself was made Bishop of the Campanian coast this name by the Apostles and Apostolicall men according to the use of the Hellenists was given to any Pastors of the Church Neverthelesse by a certaine proper and peculiar right it might be assignd to them who as with the rest they were Overseers of all the Flock so above the rest were constituted Inspectors of the Pastors also Wherefore they abuse their own time and other mens who having undertaken to discusse the question take much pains to prove the name of Bishop common to all the Pastors when as the word is of a larger signification much They also doe but beat the aire who with great endeavour prove that unto all Pastors whatsoever certain things were common namely the right to Preach to exhibite the Sacraments and the like For the question is not of these things wherein they do agree but of that eminence whereby they are distinguished And that is yet somewhat more absurd that some to prove Bishops differ nothing from meere Presbyters bring in the Fathers for their witnesses That Bishops are all of equall merit as if you did say That all the Roman Senators were equall to the Consuls because the dignity of both the Consuls was equall But he is angry with himself or with his Reader who refutes such things Concerning Episcopacy then that is the eminence of one Pastor among the rest this is our first Assertion That it is repugnant to no Law Divine If any one be of a contrary opinion that is if any one condemne all the antient Church of folly or even of impiety without question it lyes upon him to prove it and for proofe I see nothing alleg'd but this Whosoever will be great among you let him be your Minister and whosoever of you will bee chief shall be the servant of all But certainly all eminence or Primacy of Pastors among Pastors is not here interdicted but all Pastors are admonisht that they may know that a Ministry is enjoyn'd them not an Empire given For the precedent words are They that rule over the Gentiles exercise Lordship over them and their Great ones exercise Authority upon them But so shall it not bee among you From this place we may much rather argue for Eminence and Primacy than against it For that which is in Matthem and Marke Whosoever will be great and the chief is in Luke He that is greatest among you He that is the President or leader Moreover Christ exhorts them by his own example The son of man came not to bee ministred unto but to minister Wherefore the precept of Ministring doth not hinder but one may be greater than they to whom he Ministreth Ye call me saith Christ Lord and Master and ye say well for so I am Therefore if I your Lord and Master have washed your feet ye ought also to wash one anothers feet And how could Christ disapprove the disparitie of Ecclesiasticall Offices when himself had appointed LXX Evangelists of a second order and lesser degree as Jerom speaketh in dignity inferiour to the Apostles as Calvin saith Much more clearly triumphing now in Heaven He hath given some Apostles and some
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of
this only but to give sentence together with the Bishops concerning the deposition of a Bishop and other matters as we see it happen'd in the case of Photinus and Dioscorus And why is not that lawfull in Presbyteries which was lawfull in Synods especially when as no lesse regard is to be had of Presbyteries in narrower territories than of Synods in that amplitude of the Roman Empire But further by the Emperours were given unto the Churches at their request Defendors which were Laiks whose Office was to keep off all force and tumult from the Church and Pastors and to take care that nothing should be done in the Church by violence or corruption These are they who in the later ages begin to be called the Churches Advocates So by the Metroplitans were wont to be given unto the Churches Phrontistae or Sollicitors who with the Bishop should keep accounts of the Churches treasure On the Churches 01 part we must repeat what was said afore that the whole multitude was not alwaies consulted but sometimes the Elders only Now if it was lawfull to carry the consultation from the multitude to the Elders why might it not the company of Elders being over great be contracted to a fewer number especially with consent of the multitude Moreover in choosing Pastors it appears that which was belonging to the multitude was often by compromise collated on a few And that in Synods Laiks were present and gave their vote is so manifest both by the History of the Great Councill and elsewhere that Pope Nicolas could not deny it In this point the judgements not of Melanchthon only and the later Authors but of Panormitan and Gerson are well known Why in Presbyteries may not be allowed as much to Laiks chosen for that purpose no reason can be found But farther yet It is apparent in the antient Church there were Matrons to exhort the other women to an honest conversation whom they called Presbyters and because in the Churches they sate above the other women Presidents The XI Canon of the Laodicean Synod abrogated them when they had continued untill that time as Balsamon notes And haply Paul speaks of them where he requires the Presbytesses or aged women to be holy in behaviour not false accusers not given to much wine teachers of good things That they may teach the young women to be sober to love their husbands to love their children c. If women therefore partakers of no Church-Office might neverthelesse be appointed by the Church to be teachers of other women why might not others beside the Pastors be assumed by the people who abstaining from Pastorall Offices should with greater dilligence performe that that is not only permitted but commanded every Christian And if those were entitled Presbytesses we may also in a more generall respect give unto these the appellation of Presbyters Moreover not much distant from the Office of Adsessors is the Office of Church Wardens and Sidemen in the Church of England Upon whom it resteth to take care that none disturbe the Divine service that no excommunicate person thrust himself into the Assembly They are also to admonish inordinate livers and if they persevere to defer their names unto the Bishop And these are chosen by the Church Fourthly our last position is that from these assessors no small benefit may accrew unto the Church For if we respect the Highest Powers it is expedient for them to have in the Assemblies of Pastors their eyes and ears by whose Ministry they may explore whether all things be done with fidelity and according to rule But if we look upon the Churches it is a thing of consequence that they also have a good opinion of the Pastors which will then most probably come to passe when they have witnesses of their actions and some to beget and keep a right understanding between the Pastors and themselves Upon the premises it follows that in the Office of Adsessors who in some places are in use whom for distinction we may call temporary or Lay-Presbyters there is nothing to be reprehended But we conceive these cautions are to be remembred 1. That the Office be not affirmed of Divine precept which cannot be said without contumely of the antient Church and divulsion of the present 2. That nothing be attributed to them which pertains to the Evangelicall Keys which Christ having given to be exercis'd by Pastors only may not be by us transferr'd to any other To excommunication therefore as it is the Pastors work they can conferre nothing beside their Counsel but as excommunication is also the work of the people who ought to remove from them wicked persons so far they may make an Act or Decree which may be propos'd to the people for their approbation 3. Let none be eleâ—ted to this adsession who are unable for Church-Government and especially for judging controversies For that is perillous and undecent for the Church and the most ready way to Oligarchy 4. Let not those Adsessors exercise any externall Jurisdiction or Coactive Power beyond what the publick Laws allow them 5. Let them know their Office not only as the Pastors Office which is instituted by Christ but as the things that are of humane Institution and therefore mutable is subject to the Authority of the Highest Powers The two last cautions being not known or not well observed great perturbations of the Common-wealth doe necessarily follow aâ—wise men have heretofore admonished and we have daily experience For many men having once imbibed this opinion that that Government is of Right Divine come at last to this to believe the Highest Powers have little or nothing to doe in the Church as being by God abundantly provided both with Pastors and with Rulers too Thus is an Invention of humane prudence confronted to the Ordinance of God and in this two headed Empire is sowen perpetuall seed of parties and factions whereunto they cease not to turne their eyes whosoever either in State or Church seek after Innovations They that remember what hath been done thirty years since in this our Country know the truth of what I say And this consideration principally mov'd me not to leave this question untoucht 'T is worthy the Relation that in Geneva which City brought forth if not first this Synedry it self at least the prime Defenders of it the entire right of electing those Elders is in the City Senate which is call'd the Little the Counsell of the Pastors being only heard Nor are they only elected by the Senators but from among Senators alone that is two out of the same little Senate and ten both out of the Senate of the sixty and out of the other Senate of two hundred The election made after this manner is submitted to the examination of the two hundred and the Elders elected although they have no Jurisdiction yet they give oath to the Republick He must needs be very ill-sighted who perceives not what
joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he â—ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Seâ—l the Lord Faulkland and Mr. â—aâ—â—er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the â—estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely decâ—ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John Dâ—spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice
a Presbyter is ordain'd the Bishop blessing him and holding his hand upon his head let all the Presbyters also that are present hold their hands upon his head by the Bishops hand For the confirmation hereof I dare not bring that of Paul concerning the laying on of hands of the Presbytery because I perceive Jerom Ambrose and other antient and the Prince of all recent writers Calvin interpret Presbytery in that place not the consistory but the Office to which Timothy was promoted And truly whosoever is versed in the Councils and the writings of the Fathers cannot be ignorant Presbytery as Episcopacy and Diaconacy to bee names of Offices And seeing it is certaine that Paul laid hands on Timothy it seemeth neither necessary nor convenient to joyn fellows with him for an Apostolicall act and Collation of miraculous gifts In the meane time I doe not see how this can be refelled even among the Schoolmen Antisiodorensis long since granted it where Bishops are not Ordination may be rightly made by Presbyters For the things that are observed for order sake admit exceptions So in the antient Councill of Carthage it is permitted Presbyters in case of necessity to reconcile penitents and in another place to lay hands on the Baptized Moreover as we have said above it is doubtfull whether Presbyters that neither have Presbyters under them nor a Bishop over them are neerer to Bishops or more Presbyters For of Timothy also Ambrose argues thus He that had not an other above him was a Bishop And we know to take an instance in the Common-wealth many things are lawfull for a Senate having not a King which to a Senate under a Kings Power are unlawfull For a Senate without a King is as it were a King This is our third Assertion The causes were not light why in this age in some places at least for some time Episcopacy was omitted That the causes are temporary Beza himself seems to acknowledge when he saith He is not the man to think the old order were not be restor'd if the ruines of the Church were once repair'd Of these causes the first might be the penury of men sufficient for so grave an Office for if that were a cause just enough while the Church was yong to omit in many places the Episcopall eminence as we heard Epiphanius say why then at the Churches Rise out of the thickest darknesse might not the same cause take place especially in those places where was found not one of the old Bishops that would yield up himself to truth and open his eyes to see the light held forth Another cause of this omission might be the long and inveterate depravation of the Episcopall Office Socrates of old complains some Episcopacies of his time had exceeded the bounds of Sacerdotall purity and were corrupted into Domination Hierax complains in Pelusiot the Dignity of lenity and meeknesse was advanced into Tyranny Nazianzene complains of the ambition of Bishops and for that reason wisheth if not Episcopacy yet at least that perpetuall right of Cities in retaining Episcopall dignity were changed Would to God there were neither Presidency nor preeminence of place nor tyrannicall power that we might all receive our estimate by vertue alone The Fathers of the Ephesin Synod long since professe themselves afraid lest that under the colours of the Sacred Function should commence the pride of secular power And it is easy to find the like sayings in the African Councils But verily never did Ecclesiastical ambition from the Apostles age unto those times advance to such a hight as it hath done since those times to the memory of our Fathers So that now without cutting off the part wherein the cause lyeth the disease seems almost impossible to be cur'd It is true good things are not to be condemn'd because some men abuse them yet the abuse being turn'd into a custome an intermission of the things themselves is not infrequent The Mosaicall Serpent might have remained without Superstition if the thing it self were considered but Ezechiah respecting the grown vice of the people that he might take away the Superstition took away the Serpent I am loth to say that the name and eminence Episcopall by their fault to whom it had fallen had lost all its reverence and was come into the odium of the common people to whom even when they are in errour somewhat sometimes is to be yielded The Romans being evill intreated by the Tarquins took an oath they would no more endure a King at Rome A third cause may be added that in those most infestious times the Preachers of the truth being hated for the truths sake were obliged to acquit themselves not only from the crime of ambition but from all suspition too which when by taking away the Episcopall dignity they sollicitously endeavour'd for all this they escaped not the calumny of their adversaries What reproaches should they not have heard had the change of Doctrine been joyned with the acquisition of preferment I will adde one cause more why in the beginning of the Repurgation Episcopacy was not very necessary God had raised up excellent men of great wit of great learning of great esteeme both among their own and the neighbouring people few indeed in number but such as were able to beare the weight of many businesses Their high reputation amongst all easily supplyed the defect of Episcopacy But if we will with Zanchy-confesse the plaine truth none were indeed more truely Bishops than they whose Authority although this was not their design prevailed even to the overthrow of Bishops Nor is that here to be omitted which we have said already more than once The Ecclesiasticall Government for the most part receives some impression from the Civill In the Roman Empire the Bishops were correspondent to the Dukes the Metropolitans to the Presidents the Patriarchs or Primats to the Vicars or Deputies of the Emperour What marvell is it then if people more accustomed to an Optimacy than Monarchy would have the Church affairs committed rather to the Clergy than the Bishop And these are the causes wherefore I think the Churches may be excus'd which have no Bishops whilst yet they abstaine from a disapprobation of the most Sacred order and withall retaine what Beza judged in no wise to be omitted That was Essentiall saith he which by the perpetuall ordainance of God hath been is and shall be necessary that in the Presbytery some one both in place and dignity the first oversee and governe the action by that right which God hath given him Let us come unto those Assessors whom in many places we see joyned to the Pastors out of the people by an annuall or bienniall Office They call them Presbyters when yet they neither Preach the Gospell to the people nor exhibite the Sacraments Concerning them this is our judgement First we say Those temporary Presbyters are strangers to the Apostolicall and antient Church nor have I seen any that