Canon or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In respect of heresie schisme obstinacie contempt and scandall Vindex not by any externall coactive power which is peculiar to the Magistrate but by spirituall censures The dogmaticke power of a Synod is not a power to make new Articles of faith nor new duties and parts of divine worship but a power to apply and interpret those Articles of faith and duties of worship which God hath set before us in his written Word and to declare the same to be inconsistent with emergent heresies and errours To this purpose it is that the Apostle calleth the Church the pillar and ground of truth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which may be expounded either in sensu forensi the Church is the publicke witnesse notifier and keeper of truth even as in Courts and places of judgement there are pillars to which the Edicts of Magistrates are affixed that people may have notice thereof or in sensu architectonico as the Church by her faith is built upon Christ or which is all one upon the doctrine and truth of Christ contained in the writings of the Prophets and Apostles and leaneth thereto so by her Ministery she upholdeth under-propeth and conserveth this same truth lest as the Prophet speaketh Truth fall in the streets perish among men Truth standeth fast in the Church and is kept firme while it is professed preached propugned and maintained against all contrary errour and heresie In the same sense saith the Apostle that unto the Jewish Church were committed the Oracles of God by them to be kept interpreted propagated c. By the Diatakticke power a Synod may institute restore or change according to the condition and exigence of the Church the externall circumstances in the worship of God and Ecclesiasticall discipline I meane those circumstances which are common both to civill and sacred Societies the conveniencie whereof is determinable by the light of Nature alwayes observing the generall rules of the Word which commandeth that all bee done to the glory of God that all bee done to edifying that all bee done in order and decencie that we give none offence that wee support the weake that we give no place to the enemies of the truth nor symbolize with Idolaters c. Now for avoiding disorder and disconformity in a Nation professing one Religion it is fit that Nationall Synods give certaine directions and rules even concerning these rites and circumstances not having therein an Arbitrary or Autocratorke power but being alwayes tied to follow the rules foresaid The Criticke power of a Synod is not a Lordly imperious dominiering over the flocke of Christ which is not to bee ruled with force and cruelty but it is the power of spirituall censures as excommunication deposition and the like most necessary for the repressing of heresie errour obstinacie in wickednesse and scandals otherwise incorrigible Without this power schismes and offences could not bee cured but should the more increase whileas liberty is left to heretickes schismatickes and obstinate persons without any censure to pester and disturb a whole Nation without any regard to the constitutions of a Nationall Synod But may one say if the Decrees of a Synod concerning matters of Faith or Worship may and ought to bee examined by the sure rule of the word of God and onely to be received when they doe agree therewith and if also the constitutions of a Synod in externall circumstances doe not binde except ex aquo bono and propter justas mandandi causas or as Divines speak in casu scandali contemptus and not for the meere will or authority of a Synod and if therefore all Christians are by the private judgement of Christian discretion following the light of Gods Word and Spirit to try and examine all decrees and constitutions of any Synod whatsoever to know whether they may lawfully receive the same as our Divines maintaine and prove against Papists If these things be so it may seeme contrary to Christian liberty and to the Doctrine of Protestant Writers that Synods should exercise the foresaid Criticke power or inflict any spirituall censures at least upon those who professe that after examination of the decrees or constitutions they cannot bee perswaded of the lawfulnesse of the same Ans. 1. Our Divines by those their tenents meane not to open a doore to disobedience and contempt of the ordinances of a Synod but onely to oppugne the Popish errour concerning the binding power of Ecclesiasticall lawes by the sole will and naked authority of the law-maker that Christian people ought not to seek any further reason or motive of obedience 2. A Synod must ever put a difference betwixt those who out of a reall scruple of conscience doe in a modest and peaceable way refuse obedience to their ordinances still using the meanes of their beter information those who contemptuously or factiously disobey the same labouring with all their might to strengthen themselves in their errour and to perswade others to be of their minde 3. This objection doth militate no lesse against Ecclesiasticall censures in a particular congregation then in a Nationall Synod And they who doe at all approve of Church censures to be inflicted upon the contemptuous and obstinate shall put in our mouthes an answer to objections of this kinde CHAP. V. The first Argument for the authority of Synods and the subordination of Presbyteries thereto taken from the light of nature HAving now described the power of particular Elderships which we call Sessions of Classicall Presbyteries and of Synods Provinciall and Nationall it remaineth to confirme by Arguments the subordination and subjection of the particular Elderships to the Classicall or common Presbytery of both to the Provinciall Synod and of all these to the Nationall Assembly So that every one may perceive what reason the Church of Scotland hath to give unto the higher Ecclesiasticall Courts authority over the lower I might insist long enough both in the Testimonies of Protestant Writers and in the examples of the reformed Churches abroad as also in the examples of all the ancient Churches all speaking for this authority of Synods But these I shall passe because I know Arguments from Scripture and reason are required and such we have to give First of all I argue from the very light law of nature That same light of nature which hath taught our Common-wealth beside the Magistrates and Councells of particular Burghs to constitute higher Courts for whole Shires Baliveries Stuartries Regalities and above all these the supreame Court of Parliament to governe the whole Nation hath also taught our Church to constitute Synods Provinciall and Nationall with power and authority above Presbyteries Wee are farre from their minde who would make Policy the Mistresse and Religion the Handmaid and would have the government of the Church conformed to the government of the State as the fittest paterne But this we say in all such
AN ASSERTION OF The Government of the Church OF SCOTLAND IN The points of Ruling-Elders and of the Authority of Presbyteries and Synods With a Postscript in answer to a Treatise lately published against Presbyteriall Government Gesta Purgat Caecil felic Adhibete Conclericos Seniores plebis Ecclesiasticos viros inquirant diligenter que sint istae dissensiones August epist. 118. Quorum conciliorum est in Ecclesia saluberima authoritas Edinburgh Printed for Iames Bryson 1641. TO THE READER IT is high time for those who have been long praying for the peace of Hierusalem and with bleeding hearts have beheld the sorrowes of Sion now to bestirre themselves with an extraordinary diligence and to contribute their most serious and uncessant endeavours for the setling of these present commotions about Church affairs in such a manner that the sacred twins Truth and Peace may both cohabit under own roofe and that this great and good work of Reformation may not be blasted in the bird nor fade in the flourish but may be brought forward to that full maturity which shall afford a harvest of joy to us and to all the Churches of God One controversie there is about the government of the Church and it is of such consequence that were it well resolved upon and rightly agreed it should facilitate a right resolution in other matters which are in question Now because longum iter per praecepta breve per exempla the way is long by precepts short by platforms therefore I have carefully observed the policie and government of other reformed Churches And because the nearnesse of relation swayeth my affection at least half a thought more unto that which is Scotlands caeteris paribus then unto that which is more remote from us therfore I was most solicitous to see a delineation of the government of that famously reformed neighbor Church which when I had read read over again I did conclude with my self that if these two points at which most exception is taken I mean the office of ruling Elders and the authoritie of Presbyters and Synodes which also are things common to the other reformed Churches could be upon good grounds maintained there is no other thing of any moment to be objected against it And with these thoughts I was so tossed that I could not rest satisfied with the Quid wiâ—hout the Quare but did conceive as great languor and desire for a demonstration of that form of Church government as before I had for a declaration of the same Whereupon I have purchased to my self from Scotland this ensuing Treatise which having fully satisfied my owne minde in the asserting of those most controverted points I have resolved to communicate and publish the same unto others for the reasons following First for the satisfaction of such as do through ignorance or mistaking stumble at such a form of Ecclesiasticall government I do not much marvell to see those that aâ—e of a simple understanding so far conquered as to scruple the office of ruling Elders having heard the big words and lavish expressions of some opposites against the same yet a poor peece it is which one of them would usher in with a tinckling Epistle in which Projicit ampullas sesquipedalia verba He maketh offer to forfeit his life to justice and his reputation to shame if any living man can shew that ever there was a ruling Elder in the Christian world till Fâ—rell and Viret first created them I shall not desire to take him at his word for his life but if he be not able to give a satisfactory answer unto that which is here sayd both from Scripture and from antiquity for ruling Elders then hath he given sentence against his own reputation for ever And so much the more that having in that assertion of Episcopacie boldly averred that the name of the Elders of the Church in all antiquity comprehendeth none but Preachers and Divines and that therfore none but they may be called Seniores Ecclesiae though some others happily may have the title of Seniores populi because of their civill authority notwithstanding the reading of the observations of Iustellus and of both the Cassaubons hath now so farre changed his tone that in his late answer to â—mectymnuus he acknowledgeth that beside Pastors and Doctors and beside the Magistrates or Elders of the Cities there are to be found in antiquity Seniores Ecclesiastici Ecclesiasticall Elders also only he alleadgeth they were but as our Church-wardens or rather as our Vestry-men whereas indeed they were Judges in Ecclesiasticall controversies and in some sort instructors of the people as shall be made to appeare Meane while we do observe what trust is to be given to this bold Speaker who hath beene forcâ—d to yeeld what he had before with high swelling words denied Another Instance of the same kinde is to be noted in his Remonstrance when he speaketh of the prescript forms of prayer which the Jewish Church had ever from the dayes of Moses wherewith also Peter and Iohn when they went up into the Temple at the ninth hour of Prayer did joyn to make good his allegiance he addeth the forms whereof are yet extant and ready to be produced Yet this he handsomely eateth up in his defence where he gives us to understand that those set forms of prayer are indeed specified by Capellus a writer of our owne Age but that the book it selfe which contained these prayers is perished a thousand years ago Well he is now content to say that once those forms were extant and this forsooth he will prove from a certain Samaritan Chronicle in the custodie of his faithfull friend the Primate of Aâ—mach wherein he hath found a story which transporteth him as much as the invention of the demonstration did Archimedes when he cried 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have found it I have found it Yet credâ—t Iudaeus apella Non ego But this lyeth not now in my way Only till a full answer be ready I thought it not amisse to give some taste of the mans vaine arrogant humour whose best weapons are great words As for his last record which he fetcheth from Abrahamus Scultetus against ruling Elders all that and much more hath been and here shall be abundantly confuted Others there be who call in question the power and authority of Ecclesiasticall Presbyteries and of Synods against which also some few Pens have been put to paper and have passed a censure no lesse hard then unseasonable which me thinks might well have been spared unlesse there had been stronger and more convincing reasons for it These I shall beseech that with minds voyd of prejudice they take into consideration the second part of this Treatise written with no heat nor sharpnesse of words but with plainnesse and strength of reason And withall I shall expect that they will not think the worse of the Author for being ready to answer him that asketh
about the controversie betwixt Boaz and the other Kinsman not as Judges but as witnesses and beholders that the matter might bee done with the more gravity and respect Which doth further appeare from vers 9.11 In like manner wee answer to Deut. 21.19 the Judges decided that cause with advice and counsell of the Elders and so the name of Elders in those places may bee a name not of office but of dignity signifying men of chiefe note for wisedome gravity and experience In which sense the word Elders is taken Gen. 50.7 as Tostatus and Rivetus expound that place In the same manner we say of Deuter. 19.12 and in that case it is further to bee remembred that the Cities of refuge had a kinde of a sacred designation and use for the Altar it selfe was sometimes a place of refuge Exod. 21.14 and when the sixe Cities of refuge were appointed they were of the Cities of the Levits Numb 35.6 that by the judgement and counsell of the Levits who should best understand the Law of God such controversies might be determined as Pellicanus on that place saith well for this cause some read Josh. 20.7 They sanctified Kedesh c. Besides if it bee true that these causes were judged not in the City where the murder was committed but in the City of refuge as Serrarius holdeth with Masius and Montanus and alledgeth for it some very considerable reasons then doth Bilsons Argument from Deut. 19.12 faile also in this respect for the Elders there mentioned are the Elders of the City where the murder was committed CHAP. IV. The second Argument taken from Matth. 18.17 OUR second argument we take from Matth. 18.17 Tell the Church Let an obstinate offender whom no admonition doth amend bee brought and judged by the Church Where first of all it is to bee condescended upon That though hee speaketh by allusion to the Jewish Church as is evident by these words Let him be unto thee as an heathen man and a Publican Yet hee meaneth of the Christian Church when he saith Tell the Church as may appeare by the words following Whatsoever ye bind on earth c. which is meant of the Apostles and Ministers of â—he Gospell Joh. 20.23 so that hee did not send them to the Synedrium of the Jewes when hee bade them tell the Church nor 2. doth hee meane of the Church universall for then we should have none of our wrongs redressed because wee cannot assemble the Church universall nay nor the representative of it which is an Oecumenicke Councell Nor 3. can wee underderstand it of the collective body of a particular Church or Congregation for hee who is the God of order not of confusion hath committed the exercise of no Ecclesiasticall jurisdiction to a promiscuous multitude Nor 4. can it be taken of a Prelate who being but one can no more be called the Church nor one can be called many or a member be called a body Non enim una persona potest dici Ecclesia saith Bell. de Eccles. l. 3. c. 17. Cum Ecclesia sit populus regnum Dei. It is plaine that the Church there spoken of is a certaine number met together Where two or three are gathered together c. Nor 5. can wee with Erastus and Bilson expound it of the Christian Magistrate which exposition beside that in a new-fangled language it calleth the Magistrate the Church and goeth about to overthrow all Ecclesiasticall jurisdiction It is also utterly contrary to the purpose of Christ and to the aime of that discipline which he recommendeth to bee used which is the good of our brother and the gaining of him from his offence whereas the exercise of civill jurisdiction of the Magistrate is not intended for teâ— good of the offender and for the winning of him to repentance but for the publike good of the Common-wealth and for the preservation of peace order and justice therein according to the lawes Wherefore by the Church whereof our master speaketh we must needs understand such a representative meeting of the Church wherein a scandalous and obstinate person may and ought to be judged And what is that Collegium Presbyterorum saith Camero The Presbytery whereof mention is made 1 Tim. 4.14 Tell the Church that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Chrysostome expounding the place he meaneth the Presbyterie made up of Pastors and ruling Elders And so Zanchius and Iunius expound him The Pastors were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of their presiding in the Consistories of the Church The ruling Elders were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because of their ruling the flocke Whitgift saith Truth it is that the place of Matthew may be understood of Seniors but it may bee aswell understood of any other that by the order of the Church have authority in the Church His confession in behalfe of Seniors we accept but that he maketh this Scripture like a nose of waxe and the government of the Church like the French fashion that we utterly abhorre But how is the Presbytery called the Church and why First even as the body is said to see when as the eyes alone doe see so saith Camero The Church is said to heare that which they alone doe heare who are as the eies of the Church Secondly it is a common forme of speech to give the name of that which is represented to that which representeth it So wee commonly say that this or that is done by the States of Holland which is done by the Senate at Hague Now though Bishops or Pastors alone cannot represent the Church because hearers also belong to the definition of the Church yet the Presbytery can well represent the Church because it containeth beside those who labour in the word ruling Elders put in authority by the Church for the government thereof as Gerard rightly resolveth Our Divines prove against Papists that some of these whom they call Laickes ought to have place in the Assemblies of the Church by this Argument among the rest because otherwise the whole Church could not be thereby represented Thirdly the Lord commanded that the children of Israel should lay their hands upon the Levits at their consecration and that the whole congregation should bee brought together for that effect This as some have observed out of Aben-Ezra cannot bee so understood as if the many thousands which were then in the Hoste of Israel had all laid their hands upon them but the Elders of Israel onely representing them So the Lord saith speake to all the Congregattion of Israel c. But the execution of this command is expressed thus Then Moses called for all the Elders of Israel and said unto them c. So Josh. 20.6 Fourthly Pastors and Elders as they are the Ministers of Jesus Christ so are they the Ministers and servants of his Spouse the Church From that which hath beene said we may draw our Argument in this forme Whatsoever Courts doe
the conâ—esâ—ion of our opposites for ruling Elders THE office of Ruling Elders is not onely maintained by 〈◊〉 Cartâ—right Aâ—â—rsâ— Bucerâ—â— and others whom our opposites will call partiall Writers let him who pleaseth read the commentaries of Martyr 〈◊〉 Gualther Hemmingius Piscator Paraus upon Rom. 12.8 1 Cor. 12.28 Aretius on Act. 14.23 Zepper de Polit. Eccles. l. 3. c. 1. 12. Bullinger on 1 Tim. 5.17 Arculâ—rius on Act. 14.23 Catal Test verit col 103. Osâ—and cent 1 l. 4. c. 11. Chemnâ—t exam part 2. pâ—g 2â—8 Gerard. loâ— Theol. tom 6 pâ—g 363 â—64 Muscul. loc com de Eccles. c. 5 Bucan loc com â—oc 42. Suetanus de Discipl Eccles. part 4 c. 3. Polanus Synt. l. 7. c 11. Zanchius in 4 praecep col 727. Iunius animad in Bellâ—r cont 5. l 1. c 2 Danaeus de Polit. Christ. l. 6 p 452. Alsted Theol. cas pag. 518.520 Sopingâ—us ad bonam fidem Sibrandi pag. 253. c. The Professours of Leyden Synt. pur Theol. Disp. 42. and sundry others whose testimonies I omit for brevities cause it is enough to note the places The Author of the Assertion for true and Christian Church policie pag. 196.197 citeth for ruling Elders the testimony the Commissioners of King Edward the sixt authorised to compile a booke for the reformation of Lawes Ecclesiasticall among whom were the Archbishop of Canterbury and the Bishop of Ely They say Let the Minister going apart with some of the Elders take counsell c. Voetâ—us citeth to the same purpose Marlorat Hyperius Fulke Whittaker Fenner Bunnius Willet Sadeel Lubbertus Trelcatius both the one and the other yea Socinus and the Remonstrants Besides we have for us the practise of al wel reformed Churches and the Confessions of the French the Belgicke and the Helveticke Churches to be seene in the harmony of Confessions But what will you say if the adversaries of ruling Elders be forced to say somewhat for them Whitgift confesseth not onely that our division of Elders into preaching Elders and ruling Elders hath learned patrons but also that the Christian Church when there was no Christian Magistrate had governing Seniors and elsewhere he saith I know that in the Primitive Church they had in every Church Seniors to whom the government of the Congregation was committed Saravia lendeth them his word likewise Quod à me c. Which is not disputed by mee in that meaning that the Belgicke Churches or any other which doe with edification use the service of these Elders should rashly change any thing before that which is better bee substitute Againe speaking of the government of ruling Elders he saith Quod ut c. Which as I judge profitable and good to bee constitute in a Christian Church and Common-wealth so I affirme no Church no Common-wealth to bee bound thereto by Divine Law except perhaps necessity compell or great utility allure and the edification of the Church require it Loe here the force of truth struggling with one contrary minded Hee judgeth the office of ruling Elders profitable and good yet not of divine right yet hâ—e â—cknowledgeth that necessity utility and the edification of the Church maketh us tyed to it even by divine right But if it be profitable and good why did he call in question the necessity at least the utility and the edification of it can one call in question the utility of that which is profitable he would have said the truth but it stucke in his teeth and could not come forth Saelâ—vius de concil lib. I cap. 8. saith that among the Jewes Seniores tribuum the Elders of the Tribes did sit with the Priests in judging controversies of the Law of God Hence hee argueth against Bellarmine that so it ought to bee in the Christian Church also because the priviledge of Christians is no lessâ— thâ—n the priviledge of the Jewes Câ—mero tells us that when the Apostle 1 Coâ— 6. reproveth the Corinthians for that when one of 〈◊〉 had â— matter against anothâ—â— they 〈…〉 the Saints to bee â—udges 〈…〉 noâ— by the 〈◊〉 the 〈…〉 mâ—ltitude sedeos qui in Ecclesia constituti craâ—t ut vacarent gubernationi Ecclesiae that is â—hose who were ordained in the Church to give themselves to the government of the Church My Lord Craigtanne finding the strength of that Argument that if beside the Ministers of the Word other grave and wise Christians may be present in the greatest Assemblies and Councels of the Church why not in Presbyteries also answereth that indeed it is not amisse that the wiser sorâ— among the people be joyned as helpers and assistants to the Pastors providing that this their auxiliary function be not obtruded as necessary This is somewhat for us but we say further if it be necessary in Oecumenicke Councells for no lesse doe the Arguments of our Divines in that question with the Papists conclude then is it necessary in Presbyteries also CHAP. XI Doctor Fields five Arguments against ruling 〈…〉 HIS fiâ—st Reason that shewed 〈◊〉 to thinkâ— there were 〈◊〉 any 〈…〉 Church is because Bishops Presbyters that preach and minister the Sacraments and Deacons howsoever they much degenerated in later times yet all still remained in all Christian Churches throughout the World both Greeke and Latine in their names and offices also in some sort But of these ruling Elders there are no foot-steps to bee found in any Christian Church in the World nor were not for many hundred yeares whereas there would have beene some remaines of these as well as the other had they ever had any institution from Christ or his Apostles as the other had To this wee answer 1. If the Christian Churches throughout the World had wanted ruling Elders longer then they did yet prescription can be no prejudice to the ordinance of God 2. After that the golden age of the Apostles was spent and gone exact diligence was not taken to have the Church provided with well qualified Ministers but many unfit men yea sundry heretickes entred into that sacred vocation whereby it came to passe that corruption and errour overflowed the Churches as both Eusebius proveth from Aegesippus and catalogus testium veritatis from Irenaus Might not this be the cause of changing the office-bearers and government of the Church 3. In the Roman yea in Prelaticall Churches there are scarce any foot-steps at all of the offices of preaching Presbyters and Deacons as they were instituted by the Apostles The Apostles ordained Presbyters to preach the Word to minister the Sacraments to governe the Church and to make use of the keyes But the Popish and Prelaticall Presbyters have not the power of the keyes nor the power of Church government for it is proper to their Prelates as for the other two they are common to their Deacons for they also doe preach and baptise The office of the Popish Priest standeth in two things to consecrate and offer up the body of Christ and to absolve
in which he thinks it belongeth not to the Elders alone to admit or cut off members His other ambiguous expression I understand better for by the peoples privity hee meaneth that the people should heare the voyces and suffrages of the Elders and by the peoples consent hee meaneth the peoples voting with the Elders as wee shall heare afterward That the admission of members ought to bee with the peoples privity and consent hee will prove by two reasons 1. Because wee finde in the acts of the Apostles that men were received into the fellowship of the Church and baptized publikely and in the face of the congregation 2. Because the whole communalty being neerely to joyne with these that are admitted ought to take knowledge of the profession of their faith These reasons can neither conclude the peoples right of suffrage in this matter nor so much are the peoples hearing of the suffrages of the Elders But only that the matter might not bee ended without the peoples knowledge and tacite consent Beside there is no small difference to bee put betwixt the admission of Jewes Infidells and Hereticks upon their profession of the true Christian faith and the admission of such as have transported themselves from another Christian congregation bringing with them a sufficient testimonie of their holy profession of faith and good conversation In the meane while Let the Reader note that this disputer hath here in a parenthesis interlaced grosse anabaptistry holding it a kinde of unorderly anticipation to baptise infants who cannot give a confession of their faith And within a few lines he lets another thing fall from his pen which smelleth strongly of the Anabaptisticall tenent concerning having all things common even bodily goods But I proceed with him to the second head concerning excommunication and Church censures by the Elders with the peoples privity and consent This he proveth by three arguments 1. Because Paul saith These who sin rebuke publikely that others also may feare a brave argument indeed This charge is not given to ruling Elders and if it had it can neither prove the suffrage of the people nor their hearing of the suffrage of the Elders but onely the execution of the sentence of the Elders in the presence and audience of the congregation 2. Hee argueth from these words Tell the Church where hee would make it appeare that by the Church is not meant the Senate of Elders excluding the people yea hee saith that in this circumstance now in consideration it comes neerer the truth to expound the Church to be the Bishop since neither Bishops nor their Court-keepers doe exclude the people from their consistories Sure I am in Scotland let others speake for themselves The Bishops in their visitations high Commissions Privie-conferences at Synod◠in which they passed their decrees did exclude both the people and the most part of the ministers He thinkes it a course unheard of either among Jewes Gentiles or Christians before this last age that publike judgements should be privatly exercised and without the peoples privity This if at all to the point must be understood not of the finall execution but of the judiciall sentence or decree What then shall wee thinke that the Senators at Rome or the Areopagites at Athens did never conclude or degree any thing concerning a publike judgement except in the audience and presence of the people The Judges in Israel did sit in the gates of of the City that all persons both poore and rich great and small might have accesse unto them with their complaints and that the sentence of judgement might bee the more notorious exemplary being given forth and promulgat in the gates This proveth not that the Judges did debate voyce and conclude all matters in the publike audience of the people It appeareth rather that they were so accomodate that they might doe these things apart from the multitude It is too much for him to affirme either that the Synagogues were places of civill conventions and judgements or that nothing was in the Synagogues decreed without the peoples privity while as hee hath given no proofe nor evidence at all for it You need not my Masters be so curious in the notation of the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which every smatterer in Divinity knoweth But what of it you say the Elders as such are called to wit to their office of Eldership but called out they are not being themselves to call out the Church It is true that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 noteth not only a calling or a gathering together by vertue of verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but also a separation by vertue of the particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But I hope it is no paradox to say that the Elders are both called or gathered together unto the Eldership and called out or separate from the rest of the Church to that office And it is as far from a Paradox to say that they who are called out cannot call out others especially the one calling out being to an office and the other calling out being from nature to grace He cannot think that the name Ecclesia Church hath been used by any Greek Author before the Apostles times or in their dayes or in the age after them for the assembly of sole Governours in the act of their government I shall first give Instances against him in the verb because hee said the Elders as such cannot be said to be called out The Septuagint reade Deu. 31.28 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gather unto me all the Elders The like you may find 1 King 8.1 1 Chron. 28.1 I shall next put him in mind that the Septuagint sometime turne Kahal by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Prov. 26.26 His wickednesse shall be shewed before the whole Congregation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And it is plaine that the name of the Congregation or Church is given to the Elders for that which is said of the Elders Deut. 19.12 Ios. 20.4 is said of the Congregation Num. 35.24 Ios. 20.6 So Exod 12.3 compared with verse 21. This if hee will not take well from us with verse 21. This if hee will not take well from us let him take it from an Anti-presbyterian who observeth from 1 Chron. 13.1 2 4. and 2. Chron. 1.3 that both Kahal and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are used for the Elders and Governours Guide unto Sion pag. 5. The place Deut. 23.1 2 3. is well worthy of observation It is ordained that he who is wounded in the stones or hath his privy member cut off or is a Bastard or an Ammonite or a Moabite shall not enter into the Congregation the of Lord to the tenth generation The word is Kahal in the Hebrew and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the version of the 70. yet Iunius Piscator and Pelicanus on that place and Martyr on Iud. 11.1 hold that by the Church or Congregation in that place is meant Consessus