unlesse he can find no way to fix his judgement upon Divine Authority or upon some Internall principle Yet may we acquiesce thereto in all things the search whereof is not commanded us So the sick man doth well if he take a Medicine preserib'd by a Physician of good fame yea being in perill of death he is bound to follow the Counsell of Physicians if himself be not of that wit and skil to make a certaine judgement upon principles of nature As to Divine Authority God reveales some things and proposes them himself other things He reveales himself and proposes to men by others as by Angels Prophets Apostles Whensoever the thing is propos'd by others before the mind can fully rest it is necessary we be assur'd the Proposer can neither be deceiv'd nor deceive in the thing that is proposed This assurance we obtaine either by some other Divine Revelation as Gornelius concerning Peter Paul concerning Ananias or else by signs of Divine Power yeilding undoubted testimony to the Veracity of the Proposer That wee must acquiesce to every Proposition thus made no Christian doubteth But between the more subtile of the Romanists and those of the Evangelicall Church this is the true state of the Question Whether since the age of the Apostles there be any visible Person or Company all whose Propositions we may and ought to receive as undoubted truths The Evangelics deny the Romanists affirme Hither is also brought this great controversy of Government in Sacred things for the Romanists doe not deny Kings to Governe this Hart granted to Renolds they doe not deny all Government to proceed from the judgment of the Governour this Suarez plainly affirmes Neither doe the Evangelics deny the judgement of Kings as well as of private men to be determined by Divine Oracle if there be any such if there be any Prophets that cannot erre for all men are under God but whether there be any such since the Apostles that 's the Question and that at last is reduced only to the Pope for that single Pastors Kings also and private men Synods Provinciall Nationall Patriarchall and even they that were gather'd out of all the Roman world are fallible and have been in errour no man can deny Wherefore supposing that which is most true and which some of the Romanists doe grant concerning the Pope himself That every man in the world is subject unto errour for any thing that we know yea every Congregation also that is visible let us see how farre one is bound to follow the judgment of another that is thus fallible First we say no man is bound to follow anothers Directive judgment universally Chrysostom of old hath said the same How absurd is it in all things to be sway'd by the sentence of other men For possibly wee may be certain either by internall Principles or by Divine Authority the judgement of sentence is false That any private man grounding his sentence upon the Gospell is to be believed before the Pope is confess'd by Panormitan and Gerson And the pious Bishops who had learned out of the Gospell that the Word is God and God only One did well in not giving place to the judgement of the Synod at Ariminum Moreover even when the mind doth not plainly witnesse the contrary yet is no man bound precisely to follow anothers Directive judgment because it is lawfull for him to enquire and try whether himselfe be able to aime at the knowledge of the Truth Then he is bound to follow when by defect either of wit or time or by other businesse he is diverted from that inquiry So the Lawyers teach that a Judge is not tyed to the judgment of a Physician in the question of a wound or of a Survey or in limining the bounds or of an Arithmetician in taking of Accounts but that himself upon diligent consideration of the matter may decree that which he conceiveth most agreeable to truth and equity But further in the case of saving faith no man can safely acquiesce to the judgement of another The reason is not only because matters of faith are plainly and openly propos'd unto all so that Clemens of Alexandria calls it a vain pretext taken from severall interpretations for they that will saith he may find out the Truth but chiefly because that faith is not faith unlesse it rest upon Divine Authority as the Romanists themselves confesse Abraham believed God and it was accounted unto him for righteousnesse Also Faith comes by hearing and hearing by the word of God Wherefore although men may be led unto the faith by others as the Samaritans by that woman yet then are they only right believers when they believe not for the words of another but because themselves have heard and doe know that Jesus is the Saviour of the world What hath been spoken of faith is no lesse true of Divine worship for in vain saith God doe they worship me teaching for doctrines the Commandements of men And Paul commends the Thessalonians that they received his word not as the word of man but as indeed it was the word of God We conclude then that in the things defined by Divine Law either way no man is bound by anothers Declarative judgment which is one kind of the Directive nor can his conscience safely rest therein In the other kind of Directive judgement which we here called Suasory because it is conversant about things not determined by Divine Law more may be given to the Authority of another yet not too much For as we doe not praise them that are too stiffe in their own opinions so neither them that are too easily drawn by other mens And herein consisteth the difference between Counsell and Command that commands not contrary to the Law of God lay upon us an obligation which Counsels doe not He that giveth counsell saith Chrysostom speaks his own opinion leaving the hearer at liberty to doe as it shall please him Now if the opinions of Counsellours which must be weighed rather than numbred doe not agree there especially ought the Supreme Governour to interpose his own Judgement And truly in the knowledge of private right in Physick Merchandise and such like things it is not only excusable but often-times comendable for the Highest Power to be ignorant by reason of greater and better cares But to neglect the knowledge how to rule the Church than which no knowledge is more excellent none of more importance to the Common-wealth this at no hand is lawfull Those that have eased themselves of this duty and cast it upon others wee find by Histories to have been circumvented by men and punisht by God and either to have lost their kingdomes or else being deprived of the Power to have reserved only the name and shadow of King's The Objections out of the Old Testament to prove that Kings are bound to follow the Pastors judgement in Sacred things doe
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
instance in Civill affaires For Kings unto whom supplication is made against the sentence of the Praetonian Prefects or of the chief Senate do for the most part commit the last hearing of the Cause to men of Law whose sentence unlesse it be suspected they confirm sometimes they command the Cause to be pleaded all again before themselves So in causes Ecclesiasticall it was the Custome for Emperours to commit the matter to the examination of other Bishops for their religion and wisedome most noted and taking account of them to confirm what in their own discretion they judged best And this is the cause why against former Synods other new and these not greater than the former were so often called not because this Synod by it self was Superiour unto that but these men had greater credit with the Emperours than the former It was but seldome that the Emperours heard all the Cause again themselves as Constantine after the Church had judged twice himself examin'd the Gause of Coecilian and gave finall Judgement in it He also call'd before him the Bishops who had met at Tyrus to render him an account of all their doings Wherein he is justly defended by our Men against the Patrons of the Roman Sea It is true in Sacred no lesse than in other matters that an Appeale strictly taken which inhibites the execurion of Sentence given may by the Civill Law be taken away but then there is left open another way to implore the Hearing of the Highest Power by Complaint or Supplication For if this be denyed the King could not scatter away all evill from his throne Hee could not be a terrour to all evill which is his perpetuall office so that the old woman said well to Philip of Macedon If he were not at leisure to be Judge Hee should not be at leisure to be King Maecenas saw this of old who sheweth to Augustus that no man under the Highest ought to have so much Power committed to him as that from him there should be no appeal One thing more must be remembred here that the right of the H. Power after the Synod to determine any thing against the Synod cannot be contracted only unto those Controversies wherein as it were the whole body of Religion is in Question For there is the same right in the parts as in the whole and the reasons before alleged give unto the H. Power a free finall Judgement in single Questions as well as in all together For also in single Questions Synolds may erre neither ought the H. Power to yield blind obedience to them much lesse by its Authority to defend a false and hurtfull doctrine or suffer the truth to be oppressed nor can the wisdome of the Highest Power permit errours to encrease by little and little and as their nature is one beget another till their number be so great that they cannot be rooted out without hazard of the Common-wealth CHAP. VIII Of Legislation about Sacred things HItherto we have spoken generally now let us more neerly view the severall parts of Authority The Act of Authority either respects all or single persons that is Legislation this if an occasion of Sute is Jurisdiction if otherwise it is called by the generall name because it wants a speciall Of this last sort the commands are such as the Centurions I say unto this man Goe and he goeth to another Come and he cometh to my servant Doe this and he doth it but the principall act is the Injunction of Functions permanent In what things Legislation is may be understood by the precedent part of our discourse for almost all things belonging to Authority we have explained by examples of Legislation as the more noble Thence it appears that a Law is made either of the things defined by Law Divine or of those that are left undefined The Laws that are made either respect the whole body of Religion or the parts of it In nothing more shines forth the vertue of Supreme Authority than in this That it is in the power and choice thereof what Religion shall be publickly exercised This all that have written Politicks put in the chiefest place among the Rights of Majesty and experience proves the same For if you enquire Why in England under Queen Mary the Roman Religion was set up but under Queen Elisabeth the Evangelicall the nearest cause cannot be rendred but from the will and pleasure of the Queens or as some will have it of the Queens and Parliament Enquire why one Religion is in Spaine another in Denmark another Sweden you must have recourse to the Supreme Governours will But many doe object If that be so the State of Religion will be very unconstant especially where one is Ruler over all for upon change of the Kings mind Religion also will be changed 'T is true indeed that they say but that danger is in all other things as well as Sacred The work will be like the work-man and the Law be as the King Yet no mans right is to be denyed him for the danger of abusing it for then no mans right shall be safe Besides although the Highest Power should transfer that right upon another which we have shewed he may not the same danger would still remaine for the right would but passe from men to men and every man may be deceived Here then our only comfort lyes in the Divine providence Indeed the hearts of all men God hath in his power but The Kings heart is in the Lords hand after an especiall manner God doth his work both by good and evill Kings Sometimes a calme sometimes a storme is for the Church more useful If the Governour be pious if a diligent reader of the Scriptures if assiduous in prayer if Reverent to the Catholick Church if ready to heare wife Counsels by him will the truth be much advanced But if he be of a perverse or corrupt judgement it will be more hurtfull to himself than to the Church for he must expect a heavy judgement from the King thereof who will not suffer his Church to be unrevenged The Church in the meane while ceaseth not to be the Church yea if the King rage against it it will gather strength and inciease under persecution Certainly 't was never lawfull for Subjects to gaine by force the publick exercise of their Religion the antient Christians when they were at strongest when they had Senators and Presidents very many of their mind never took such right unto themselves 'T is the Office of the Highest Power alone publickly to authorize the true Religion and to remove the false To remove Idols out of private places belongs to the Lord of the place and upon his neglect to the King as the Lord generall but to remove them out of the publick place is the right of the Highest Power and to whomsoever it shall delegate that office And thus is that Law of Deut. to be
publick Society The very same punishment in the Gospell is call'd Casting out of the Synagogue For as Esdras had all kind of Jurisdiction by the grant of the Persian King so by the permission of the people of Rome and of the Emperours afterward the Synedry of the Jewes retained this part of it with the power of binding and scourging We learn out of the Hebrew masters that there were three degrees of casting out of the Synagogue by the first Nidui the party was commanded to stand off in the Synagogue in a meaner place by the second Cherem He was not permitted to appear in the Synagogue nor any other suffer'd to make use of him nor allow him any thing but to sustain his life in a most slender manner the third degree in Chaldee Scammatha was the proper punishment of him who by the Law of Moses had deserved death but the Power of capitall Judgement being taken away could not be put to death his touch and commerce all men shunned Some such thing seems that to be in Johns Epistle casting out of the Church which Diotrephes did that lov'd preeminence and assum'd unto himself Dominion 'T is also a point of Jurisdiction to abdicate any one from the Priests Office which Josias did to the Schismaticall Priests only allowing them where with to live So Theodosius and other Emperours made decrees about the deposition or restitution of Bishops Constantine threatens the contumacious Bishops and tels them they should be rul'd by the vertue of Gods servant that is saith he my self For we must note to the right of the sword it belongs not only to eject out of that Office which flows from the Empire of the Highest Power but from all other Offices of what kind soever That Jurisdiction about Sacred things being a part of Empire largely taken agrees to the Highest Powers is very plain Let us see whether any Jurisdiction Humane Law being set apart agrees to the Ministers of holy things and afterward we will consider what is given to them by Humane Law Naturally the Priests have no Jurisdiction that is no Coactive or Imperative Judgement because their whole Function includes no such thing in the nature thereof That Jurisdiction which the Priests had in the Primitive State of the Naturall Law they had as Magistrates not as Priests for even when the Priesthood was not joynd with the Highest Power seldome were the Priests without some power Hence is Cohen a name common both to Priests and Magistrates and among many Nations the Custome was the same For the Druids among the Gauls were the most noble of that Nation and among the Cappadocians as Strabo himself a Cappadocian tels us the Sacerdotall dignity was next to the Regall and Kings and Priests were for the most part of the same family Tacitus writes that the German Priests of old had alone the Power to punish and among the Romans that which Lentulus said in the Senate The Priefts are judges of Religion signifies not only the judgement of skill but of power But the Mosaicall Law plainly to the Priests and principally to the High Priest as it gave eminent dignity so Jurisdiction too yet under the Highest Power whether a King or Councill And 't is manifest where neither a King was constituted nor a Judge there the High Priest was Prince as being the most eminent among all whether Private men or Magistrates Examples whereof are Heli and afterward the Asmoneans That among the Jewes the Sacerdotall Nobility was of prime note both Josephus and Philo observe That the Priests had Magistracy even this alone may prove that he is to dye who obeyed not the command of the Priest In which Law the High Priest is equalled to the Highest Judge Nor did they only give judgement in Sacred but in Civill affairs being the best interpreters of the whole Law at that time the wisdome in Divine and Humane Law being not divided Whence also Philo where he brings in Moses upon the Tribunall saith that the Priests sate with him on the Bench. But in the Evangelicall Law Christ having not given unto Pastors any Dominion or Command neither hath he given them any Jurisdiction that is coercive Judicature Yet let us see what actions there are either of Pastors or of the Church if self which have any shew of Jurisdiction and therefore for their likenesse may come under that name Those actions we doe here consider which owe nothing to Humane Law or to the will of the Highest Power To Jurisdiction doth seeme to pertaine that Rod where with Paul threatneth the Corinthians whereby is meant as the Apostle explains himself to use sharpnesse to revenge all unrighteousnesse not to spare all which are expressions of a certain miraculous vertue of imposing punishment Thus Ananias and Saphira fell down dead Elymas was smitten with blindnesse Hymeneus and Alexander and the incestuous Corinthian were deliver'd to Satan To deliver to Satan was plainly a point of miraculous Power which inflicted torment on the body such as Saul in former time felt after his departure from God as Chrysostome and other Fathers interpret This is certaine when the earthly Powers used not the Kight of punishing God had given them to purge and defend the Church what was wanting in Humane ayde God himself supplyed by Divine assistance But as Manna ceased after the people were brought into the promised Land so after the Emperours took on them the Patronage of the Church whose Office was to punish them that troubled the Church without or within the forenamed Divine punishments expired To speak to the purpose that Divine execution of revenge was properly the Jurisdiction of God not of men because the whole work was Gods not the Apostles God that he might give testimony to the truth of the Gospell Preacht as at the Apostles prayers or presence and touch he healed diseases and cast forth Devils so at their imprecation commanded men to be vexed with diseases or seazed on by Devils Nor did Paul more in delivering men to Satan than did Peter and John in curing the lame man who say they did nothing by their own Power and transcribe the whole effect to God At the Churches prayers also did God often shew the like signs of his displeasure therefore are the Corinthians blamed that they mourned not to the end the incestuous person might bee taken away from among them And to the same effect is that wish not command of the Apostle to the Gal. Would they were cut off that trouble you Now in the perpetuall Office of the Pastors some resemblance of Jurisdiction hath the use of the Keys So by Christ himself is called that application of the Gospel-threats and promises which is made to particular men Whereunto Preaching hath the same proportion as Legislation to Jurisdiction wherefore by the same figure is the use of the Keys calld Jurisdiction as the
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
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
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
incommodities the Genevians feared when they took such a sollicitous and wary course for their elections CHAP. XII Of Substitution and Delegation about Sacred things IT is not enough for the Supreme Governour to know his own Right unlesse he know also how to use it in the best way Now whereas the Supreme Governour executes his Office partly by himself partly by others in those things which he dispatcheth by himself how he ought to use the Counsels of wise men is said afore nor is it unworthy to be here repeated that the Christian Emperours and other Kings alwaies had standing by their side most Religious Pastors by whose Counsels they did dispose of Sacred affairs as they did of secular by the advise of others But neither by this Help is the Supreme Governour whose influence is diffused through so many and so great businesses enabled to dispatch all things but hath need to use the service of Deputies The most weighty labours saith a wise Author of him that holds the Imperiall Ball have need of Helps And many businesses want many hands The Disputation makes a great noise in the Law-School What parts of Authority may be committed to other by the Highest Power It would be tedious and impertinent to relate all that may be said upon this queston In short some things there are which are not possible to be separated from the right of the Highest Power some things which to communicate to any other by reason of their greatnesse is not expedient Of the former kind is the right of amending Laws though made by others the right of cancelling unjust judgements if not by way of appeal at least by way of Petition the right to void elections which are against the good of the State or Church Of the later sort are these the choice of Religion and as well the Election as the Deposition of the chiefe Pastors which the Highest Powers for the most part have reserved to themselves yet not alwaies For also to certaine subjects whether Princes or Corporations we see the choice of Religion hath been granted when the necessity of the times exacted it Nor is this so new when the Persians also Macedonians and Romans granted the Jews and other Nations under their Dominions Liberty of Religion Moreover the Bishops of Rome and Constantinople we know were not alwaies elected by the Emperors The ways of committing Right to others are two Substitution and Delegation Substitution I call a mandate given by Law or Privilege Delegation by speciall Grant That the Highest Powers were accustomed to substitute Bishops we have shew'd above for thence ariseth the right of making Canons which have the force of Law the right with Power to depose a Pastor or to exclude one of the people out of the Congregation which apparently have been permitted to Synods or Presbyteries From the same Spring-head is the right of the Clergy or Chapters to make elections as may be proved by many Patents of Emperours and Kings Wherein verily their piety is worthy of all honour For they judged that unto them who were most acquainted with Sacred affairs and to whom the Pastorall Regiment was by God committed that other Regiment which flows from the Imperiall Power might also be committed most safely Would the event had not oft deceiv'd them in their so honourable design In the mean time they who endure not Pastors to be call'd in any part Vicars of the Highest Powers are to advised to depose their errour moved either by reason or the Authority of Laws and Histories Elsewhere we see the care of holy things was committed to Pastors with others not Pastors but pious and learned men and that not without example of Divine Authority For the great Synedry of LXX among the Hebrews upon whom among other things the care of Religion lay consisted of Priests Levits and men chosen out of the people No doubt in matters of Religion yea in all Judgements if I mistake not the High Priest gave his sentence before the rest Yet so that the Kings Vicegerent who was entitled Nasi had the first place and asked the Votes After which exemplar I observe the Ecclesiasticall Senate is compos'd in the Palatinate This Conjunction of the lesser Powers with the Bishops I find also in Justinian Certaine it is in the Deposition of Bishops the judgements of the Synod and of the Synators or Judges adjoyned by the Emperours met together So Pholinus is deposed by the sentence of the Bishop and the men of Senators rank whose names are recorded in Epiphanius Sometimes therefore the lesser Powers were associated to the Pastors only to suppresse violence and tumult sometimes to give sentence with them And so in the election of Bishops Justinians Law united with the Clergy the City Magistrates Which manner had not its first Originall then for Theodoret tels us After the death of Athanasius Peter was made Bishop by the suffrages of the Clergy and of the men in dignity and office Yea times have so fallen out that by reason of Schisms or the tumour of Bishops it was necessary this weighty part the care of Sacred things with command should be committed to the inferiour Powers and that without the Bishops For Aelianus Constantin's Proconsul and Marcellinus by Commission of Honorius examin'd the Laws of the Donatists and gave sentence 'twixt the parties as above is noted And in the Court of CP one of the Patricians did particularly attend the Church affairs whence his Office had its name So also the Parliaments of France by appeal the Senate of Spain by way of opposition the Court of Holland by penall writs corrected the errours of the Ecclesiastic censure Moreover that the right of electing or presenting Pastors the right of ordaining saved to the Pastors and of probation to the people was oft times allowed to lay-men alone is clear enough And this is the Right of Patronage which not with us only is in force but in England and the Palatinate as may be seen in the English Canons and the Palatine Constitutions Now as we doe not blame their piety who are sollicitous lest any mischief be done the Church under colour of this right so the truth exacteth at our hands not to let passe in silence the temerarious Assertion of those men who say this right is a new thing and depends upon the Authority of the Pope Surely Justinian is not a new Emperour nor liv'd he under the Popes Domination yet hath he established this Right by a Law If any devout person hath built a House and will ordain Clerks in it here to ordaine the Latine Interpreter translated for to elect either himself or his Heirs if they maintaine the Clericks and name such as are worthy the named shall be ordained but if the presentees are by the Holy Rules excluded as unworthy of Ordination then let the most Sacred Bishop ordaine such as he shall find more worthy This Law was