Sect. 25. Now, therefore, we firmly hold, 1. That the prince may not innovate any custom or rite of the church, nor publish any ecclesiastical law, without the free assent of the clergy, they being neither unable for, nor unwilling unto, their ecclesiastical functions and duties; yea, further, that so far as is possible, the consent of the whole church ought to be had whensoever any change is to be made of some order or custom in the church; for that which toucheth the whole church, and is to be used by the whole church, ab omnibus etiam merito curatur.(962) Therefore, when there is any change to be made in the rites of the church, merito fit hoc cum omnium ordinum ecclesiae consensu.(963) Neither was there ever a rightly reformed church which was helped and not hurt by such rites and customs as, to their grief and miscontentment, princes did impose upon them. Whence it was, that "they who were orthodox did ever withstand such a magistrate as would have, by his commandments, tied the church to that which was burdensome to their consciences."(964) That such inconveniences may be shunned, it is fit, that, when any change is to be made in the policy of a church, not the clergy alone, but the elders also, and men of understanding among the laity, in a lawful assembly, freely give their voices and consent thereunto. Good reason have our writers to hold against Papists, that laymen ought to have place in councils wherein things which concern the whole church are to be deliberated upon. 2. Lest it be thought enough that princes devise, frame, and establish, ecclesiastical laws as them best liketh, and then, for more show of orderly proceeding, some secret and sinistrous way extort and procure the assent of the synod of the church; therefore we add, that it belongeth to the synod (the clergy having the chief place therein, to give direction and advice), not to receive and approve the definition of the prince in things which concern the worship of God, but itself to define and determine what orders and customs are fittest to be observed in such things, that thereafter the prince may approve and ratify the same, and press them upon his subjects by his regal coactive power. To me it is no less than a matter of admiration how Camero could so far forget himself as to say,(965) that in things pertaining unto religion, dirigere atque disponere penes magistratum est proprie, penes ecclesiasticos ministerium atque executio proprie, telling us further, that the directing and disposing of such things doth then only belong to ecclesiastical persons when the church suffereth persecution, or when the magistrate permitteth that the matter be judged by the church.

Our writers have said much of the power of the church to make laws, but this man (I perceive) will correct them all, and will not acknowledge that the church hath any power of making laws about things pertaining to religion (except by accident, because of persecution or permission), but only a power of executing what princes please to direct. More fully to deliver our mind, we say, that in the making of laws about things which concern the worship of God, the prince may do much per actus imperatos, but nothing per actus elicitos. For the more full explanation of which distinction, I liken the prince to the will of man; the ministers of the church to man's particular senses; a synod of the church to that internal sense which is called sensus communis; the fountain and original of all the external things and actions ecclesiastical, or such as concern the worship of God, to the objects and actions of the particular senses; and the power of making ecclesiastical laws to that power and virtue of the common sense, whereby it perceiveth, discerneth, and judgeth of the objects and actions of all the particular senses. Now as the will commandeth the common sense to discern and judge of the actions and objects of all the particular senses, thereafter commandeth the eye to see, and the ear to hear, the nose to smell, &c., yet it hath not power by itself to exercise or bring forth any of these actions, for the will can neither see nor yet judge of the object and action of sight, &c. So the prince may command a synod of the church to judge of ecclesiastical things and actions, and to define what order and form of policy is most convenient to be observed in things pertaining to divine worship, and thereafter he may command the particular ministers of the church to exercise the works of their ministry, and to apply themselves unto that form of church regiment and policy which the synod hath prescribed, yet he may not by himself define and direct such matters, nor make any laws thereanent.

_Sect._ 26. For proof of these things I add, 1. Politic government, _versatur circa res terrenas et hominem externum_ (saith one of our writers(966)); _magistratus_ (saith another(967)) _instituti sunt a Deo rerum humanarum _ quae hominum societati necessariae sunt respectu, et ad carum curam_; but they are ecclesiastical ministers who are "ordained for men in things pertaining to God," Heb. v. 1, that is, in things which pertain unto God's worship. It belongeth not therefore to princes to govern and direct things of this nature, even as it belongeth not to pastors to govern and direct earthly things which are necessary for the external and civil society of men, I mean ordinarily and regularly, for of extraordinary cases we have spoken otherwise. But according to the common order and regular form we are ever to put this difference betwixt civil and ecclesiastical government, which one of our best learned divines hath excellently conceived after this manner:(968) _Altera differentia_, &c., "The other difference (saith he) taken from the matter and subject of the administrations. For we have put in our definition human things to be the subject of civil administration, but the subject of ecclesiastical administration we have taught to be things divine and sacred. Things divine and sacred we call both those which God commandeth for the sanctification of our mind and conscience as things necessary, and also those which the decency and order of the church requireth to be ordained and observed for the profitable and convenient use of the things which are necessary; for example, prayers, the administration of the word and sacraments, ecclesiastical censure, are things necessary, and essentially belonging to the communion of saints; but set days, set hours, set places, fasts, and if there be any such like, they belong to the decency and order of the church, without which the church cannot be well edified, nor any particular member thereof rightly fashioned and fitly set in the body. But human things we call such duties as touch the life, the body, goods, and good name, as they are expounded in the second table of the Decalogue, for these are the things in which the whole civil administration standeth. Behold how the very circumstances which pertain to ecclesiastical order and decency are exempted from the compass of civil government."

2. "Natural reason (saith the Bishop of Salisbury) telleth,(969) that to judge of everything, and to instruct others, belongeth to them who before others take pains and study to the care and knowledge of the same, so physicians judge which meat is wholesome, which noisome. Lawyers declare what is just, what unjust, and in all arts and sciences, they who professedly place their labour and study in the polishing and practising of the same, both use and ought to direct the judgments of others." Since therefore(970) the ministers of the church are those quibus ecclesiae cura incumbit vel maxime, since they do above and before the civil magistrate devote themselves to the care and knowledge of things pertaining to God and his worship, whereabout they profess to bestow their ordinary study and painful travail, were it not most repugnant to the law of natural reason to say that they ought not to direct, but be directed by, the magistrate in such matters?

3. The ministers of the church are appointed to be "watchmen in the city of God," Mic. vii. 4, and "overseers of the flock," Acts xx. 28; but when princes do, without the direction and definition of ministers, establish certain laws to be observed in things pertaining to religion, ministers are not then watchmen and overseers, because they have not the first sight, and so cannot give the first warning of the change which is to be made in the church. The watchmen are upon the walls, the prince is within the city. Shall the prince now view and consider the breaches and defects of the city better and sooner than the watchmen themselves? Or shall one, within the city, tell what should be righted and helped therein, before them who are upon the walls? Again, the prince is one of the flock, and is committed, among the rest, to the care, attendance, and guidance of the overseers; and, I pray, shall one of the sheep direct the overseers how to govern and lead the whole flock, or prescribe to them what orders and customs they shall observe for preventing or avoiding any hurt and inconvenience which may happen to the flock?

4. Christ hath ordained men of ecclesiastical order, not only "for the work of the ministry,"(971) that is, for preaching the word and ministering the sacraments, for warning and rebuking them who sin, for comforting the afflicted, for confirming the weak, &c., but also for providing whatsoever concerneth either the private spiritual good of any member of the church, which the Apostle calleth "the perfecting of the saints," or the public spiritual good of the whole church, which he calleth the "edifying of the body of Christ," Eph. iv. 12. Since, therefore, the making of laws about such things, without which the worship of God cannot be orderly nor decently (and so not rightly) performed, concerneth the spiritual good and benefit of the whole church, and of all the members thereof, it followeth that Christ hath committed the power of judging, defining, and making laws about those matters, not to magistrates, but to the ministers of the church.

5. The Apostle, speaking of the church ministers, saith, "Obey them that have the rule over you, and submit yourselves for they watch for your souls as they that must give account," Heb. xiii. 17. Whence we gather, that in things pertaining to God, and which touch the spiritual benefit of the soul, the ministers of the church ought to give direction, and to be obeyed, as those who, in things of this nature, have the rule over all others of the church (and by consequence over princes also), so that it be in the Lord. And lest this place and power which is given to ministers, should either be abused by themselves to the commanding of what they will, or envied by others, as too great honour and pre-eminence, the Apostle showeth what a painful charge lieth on them, and what a great reckoning they have to make. They watch for your souls, saith he, not only by preaching and warning every one, and by offering up their earnest prayers to God for you, but likewise by taking such care of ecclesiastical discipline, order, and policy, that they must provide and procure whatsoever shall be expedient for your spiritual good, and direct you in what convenient and beseeming manner you are to perform the works of God's worship, as also to avoid and shun every scandal and inconveniency which may hinder your spiritual good. And of these things, whether they have done them or not, they must make account before the judgment seat of the great Bishop of your souls. Surely, if it belong to princes to do fine and ordain what order and policy should be observed in the church, what forms and fashions should be used, for the orderly and right managing of the exercises of God's worship, how scandals and misorders are to be shunned, how the church may be most edified, and the spiritual good of the saints best helped and advanced, by wholesome and profitable laws, concerning things which pertain to religion, then must princes take also upon them a great part of that charge of pastors, to watch for the souls of men, and must liberate them from being liable to a reckoning for the same.

Sect. 27. 6. Constantine the Great, Theodosius, both the one and the other, Martianus, Charles the Great, and other Christian princes, when there was any change to be made of ecclesiastical rites, did not, by their own authority, imperiously enjoin the change, but convocate synods for deliberating upon the matter, as Balduine noteth.(972) The great Council of Nice was assembled by Constantine, not only because of the Arian heresy, but, also (as Socrates witnesseth(973)), because of the difference about the keeping of Easter; and though the bishops, when they were assembled, did put up to him libels of accusation, one against another, so that there could be no great hope of their agreement upon fit and convenient laws; yet, notwithstanding, he did not interpone his own definition and decree, for taking up that difference about Easter, only he exhorted the bishops convened in the council to peace, and so commended the whole matter to be judged by them.

7. We have for us the judgment of worthy divines. A notable testimony of Junius we have already cited. Danaeus will not allow princes by themselves to make laws about ecclesiastical rites,(974) but this he will have done by a synod. Porro quod ad ritus, &c. "Furthermore (saith he), for rites and ceremonies, and that external order which is necessary in the administration of the church, let a synod of the church convene, the supreme and godly magistrate both giving commandment for the convening of it, and being present in it; and let that synod of the church lawfully assembled define what should be the order and external regiment of the church. This decree of the ecclesiastical synod shall the godly and supreme magistrate afterward confirm, stablish, and ratify by his edict." Joh. Wolphius observeth of king Joash,(975) that he did not by himself take order for the reparation of the temple, nor define what was to be done unto every breach therein, but committed this matter to be directed and cared for by the priests, whom it chiefly concerned, commanding them to take course for the reparation of the breaches of the house, wheresoever any breach should be found, and allowing them money for the work. Whereupon he further noteth, that as the superior part of man's soul doth not itself hear, see, touch, walk, speak, but commandeth the ears, eyes, hands, feet, and tongue, to do the same; so the magistrate should not himself either teach or make laws, but command that these things be done by the doctors and teachers. Cartwright and Pareus upon Heb. xiii. 17, tell the Papists, that we acknowledge princes are holden to be obedient unto pastors in things that belong unto God, if they rule according to the word, which could not be so, if the making of laws about things pertaining to God and his worship did not of right and due belong unto pastors, but unto princes themselves. Our Second Book of Discipline, chap. 12, ordaineth, "That ecclesiastical assemblies have their place, with power to the kirk to appoint times and places convenient for the same, and all men, as well magistrates as inferiors, to be subject to the judgment of the same in ecclesiastical causes." Balduine holdeth,(976) that a prince may not by himself enjoin any new ecclesiastical rite, but must convocate a synod for the deliberation and definition of such things. And what mean our writers when they say,(977) that kings have no spiritual but only a civil power in the church? As actions are decerned by the objects, so are powers by the actions: if, therefore, kings do commendably by themselves make laws about things pertaining to God's worship, which is a spiritual action, then have they also a spiritual power in the church; but if they have no spiritual power, that is, no power of spiritual jurisdiction, how can they actually exercise spiritual jurisdiction? That the making of laws about things pertaining to God's worship is an action of spiritual jurisdiction, it needeth no great demonstration; for, 1. When a synod of the church maketh laws about such things, all men know that this is an action of spiritual jurisdiction flowing from that power of spiritual jurisdiction which is called potestas διατακτικὴ. And how then can the prince's making of such laws be called an action of civil, not of spiritual jurisdiction? I see not what can be answered, except it be said, that the making of those laws by a synod is an action of spiritual jurisdiction, because they are made and published with the commination of spiritual and ecclesiastical punishments in case of transgression, but the making of them by the prince is an action of jurisdiction only, because he prescribeth and commandeth, under the pain of some temporal loss or punishment. But I have already confuted this answer, because notwithstanding of the different punishments which the one and the other hath power to threaten and inflict, yet, at least, that part of spiritual jurisdiction which we call potestas διατακτικὴ remaineth the same in both, which power of making laws must not (as I show) be confounded with that other power of judging and punishing offenders. 2. Actions take their species or kind from the object and the end, when other circumstances hinder not. Now, a prince's making of laws about things pertaining to religion, is such an action of jurisdiction, as hath both a spiritual end, which is the edification of the church and spiritual good of Christians, and likewise a spiritual object; for that all things pertaining to divine worship, even the very external circumstances of the same, are rightly called things spiritual and divine, not civil or human, our opposites cannot deny, except they say, not only that such things touch the lives, bodies, estates, or names of men, and are not ordained for the spiritual benefit of their souls, but also that the synod of the church, whose power reacheth only to things spiritual, not civil or human, can never make laws about those circumstances which are applied unto, and used in the worship of God; and as the prince's making of laws about things of this nature, is in respect of the object and end, an action of spiritual jurisdiction, so there is no circumstance at all which varieth the kind, or maketh it an action of civil jurisdiction only. If it be said, that the circumstance of the person changeth the kind of the action, so that the making of laws about things pertaining to religion, if they be made by ecclesiastical persons, is an action of spiritual jurisdiction; but if, by the civil magistrate, an action of civil jurisdiction, this were a most extremely unadvised distinction; for so might Uzziah the king have answered for himself, 2 Chron. xxvi. 18, that, in burning incense, he did not take upon him to execute the priest's office, because he was only a civil person; so may the Pope say, that he might not take upon him the power of emperors and monarchs, because he is an ecclesiastical person. Many things men do de facto, which they cannot de jure. Civil persons may exercise a spiritual jurisdiction and office, and, again, ecclesiastical persons may exercise a civil jurisdiction de facto, though not de jure. Wherefore the prince's making of laws about things spiritual remaineth still an action of spiritual jurisdiction, except some other thing can be alleged to the contrary, beside the circumstance of the person. But some man, peradventure, will object that a prince, by his civil power, may enjoin and command not only the observation of those ecclesiastical rites which a synod of the church prescribeth, but also that a synod (when need is) prescribe new orders and rites, all which are things spiritual and divine. And why then may he not, by the same civil power, make laws about the rites and circumstances of God's worship, notwithstanding that they are (in their use and application to the actions of worship) things spiritual, not civil.

Ans. The schoolmen say,(978) that an action proceedeth from charity two ways, either elicitive or imperative, and that those actions which are immediately produced and wrought out by charity, belong not to other virtues distinct from charity, but are comprehended under the effects of charity itself, such as are the loving of good and rejoicing for it. Other actions, say they, which are only commanded by charity, belong to other special virtues distinct from charity. So, say I, an action may proceed from a civil power either elicitive or imperative. Elicitive a civil power can only make laws about things civil or human; but imperative it may command the ecclesiastical power to make laws about things spiritual, which laws thereafter it may command to be observed by all who are in the church.

Sect. 28. 8. Our opposites themselves acknowledge no less than that which I have been pleading for. "To devise new rites and ceremonies (saith Dr Bilson(979)), is not the prince's vocation, but to receive and allow such as the Scriptures and canons commend, and such as the bishops and pastors of the place shall advise." And saith not the Bishop of Salisbury,(980) Ceremonias utiles et decoras excogitare, ad ecclesiasticos pertinet; tamen easdem comprobare, et toti populo observandas imponere, ad reges spectat? Camero saith,(981) that it is the part of a prince to take care for the health of men's souls, even as he doth for the health of their bodies, and that as he provideth not for the curing or preventing of bodily diseases directly and by himself, but indirectly and by the physicians, so he should not by himself prescribe cures and remedies for men's spiritual maladies. Perinde principis est curare salutem animarum, ac ejusdem est saluti corporum prospicere: non est autem principis providere ne morbi grassentur directe, esset enim medicus, at indirecte tamen princeps id studere debet. Whence it followeth, that even as when some bodily sickness spreadeth, a prince's part is not to prescribe a cure, but to command the physicians to do it; just so, when any abuse, misorder, confusion, or scandal in the church, requireth or maketh it necessary that a mutation be made of some rite or order in the same, and that wholesome laws be enacted, which may serve for the order, decency, and edification of the church, a prince may not do this by himself, but may only command the pastors and guides of the church, who watch for the souls of men as they who must give account, to see to the exigency of the present state of matters ecclesiastical, and to provide such laws as they, being met together in the name of the Lord, shall, after due and free deliberation, find to be convenient, and which, being once prescribed by them, he shall by his royal authority confirm, establish, and press.

Sect. 29. Needs now it must be manifest, that the lawfulness of our conforming unto the ceremonies in question can be no way warranted by any ordinance of the supreme magistrate, or any power which he hath in things spiritual or ecclesiastical; and if our opposites would ponder the reasons we have given, they should be quickly quieted, understanding that, before the prince's ordinance about the ceremonies can be said to bind us, it must first be showed that they have been lawfully prescribed by a synod of the church, so that they must retire and hold them as the church's ordinance. And what needeth any more? Let us once see any lawful ordinance of the synod or church representative for them, we shall, without any more ado, acknowledge it to be out of all doubt that his Majesty may well urge conformity unto the same.

Now, of the church's power we have spoken in the former chapter; and if we had not, yet that which hath been said in this chapter maketh out our point. For it hath been proved, that neither king nor church hath power to command anything which is not according to the rules of the word; that is, which serveth not for the glory of God, which is not profitable for edifying, and which may not be done in faith; unto which rules, whether the things which are commanded us be agreeable or not, we must try and examine by the private judgment of Christian discretion, following the light of God's word.

Sect. 30. Resteth the third distinction, whereof I promised to speak, and that was of ties or bonds. Quoedam obligatio, &c. "Some bond (saith Gerhard(982)) is absolute, when the law bindeth the conscience simply, so that, in no respect, nor in no case, without the offence of God and wound of conscience, one may depart from the prescript thereof; but another bond is hypothetical, when it bindeth not simply, but under a condition, to wit, if the transgression of the law be done of contempt,—if for the cause of lucre or some other vicious end,—if it have scandal joined with it." The former way, he saith that the law of God and nature bindeth, and that the law of the civil magistrate bindeth the latter way; and with him we hold that whatsoever a prince commandeth his subjects in things any way pertaining to religion, it bindeth only this latter way, and that he hath never power to make laws binding the former way, for confirmation wherefore we say,

1. The laws of an ecclesiastical synod, to the obedience whereof, in things belonging to the worship of God, we are far more strictly tied than to the obedience of any prince in the world, who (as hath been showed) in this sort of things hath not such a vocation nor power to make laws. The laws, I say, of a synod cannot bind absolutely, but only conditionally, or in case they cannot be transgressed without violating the law of charity, by contempt showed or scandal given, which, as I have made good in the first part of this dispute, so let me now produce for it a plain testimony of the Bishop of Salisbury,(983) who holdeth that the church's rites and ordinance do only bind in such sort, ut si extra, &c., "That if, out of the case of scandal or contempt, through imprudence, oblivion, or some reasonable cause enforcing, they be omitted, no mortal sin is incurred before God; for as touching these constitutions, I judge the opinion of Gerson to be most true, to wit, that they remain inviolated so long as the law of charity is not by men violated about the same." Much less, then, can the laws of princes about things spiritual or ecclesiastical bind absolutely, and out of the case of violating the law of charity.

2. If we be not bound to receive and acknowledge the laws of princes as good and equitable, except only in so far as they are warranted by the law of God and nature, then we are not bound in conscience to obey them, except only conditionally, in case the violating of them include the violating of the law of God and nature; but the former is true, therefore the latter. It is God's peculiar sovereignty, that his will is a rule ruling, but not ruled, and that therefore a thing is good because God will have it to be good. Man's will is only such a rule as is ruled by higher rules, and it must be known to be norma recta before it can be to us norma recti.

3. If we be bound to try and examine, by the judgment of discretion (following the rules of the word), whether the things which princes command be right, and such as ought to be done; and if we find them not to be such, to neglect them, then their laws cannot bind absolutely and by themselves, (else what need were there of such trial and examination?) but only conditionally, and in case they cannot be neglected without violating some other law, which is of a superior bond. But the former we have proved by strong reasons, therefore the latter standeth sure.

4. If neither princes may command, nor we do anything which is not lawful and expedient, and according to the other rules of the word, then the laws of princes bind not absolutely, but only in case the neglecting of them cannot stand with the law of charity and the rules of the word; but the former hath been evinced and made good, therefore the latter necessarily followeth.

5. If the laws of princes could bind absolutely and simply, so that in no case, without offending God and wounding our conscience, we could neglect them, this bond should arise either from their own authority, or from the matter and thing itself which is commanded, but from neither of these it can arise, therefore from nothing. It cannot arise from any authority which they have, for if, by their authority, we mean their princely pre-eminence and dignity, they are princes when they command things unlawful as well as when they command things lawful, and so if, because of their pre-eminence their laws do bind, then their unlawful ordinances do bind no less than if they were lawful; but if by their authority we mean the power which they have of God to make laws, this power is not absolute (as hath been said) but limited; therefore from it no absolute bond can arise, but this much at the most, that "kings on earth must be obeyed,(984) so far as they command in Christ."

Neither yet can the bond be absolute in respect of the thing itself which is commanded.

When princes publish the commandments of God, the things themselves bind whether they should command them or not, but we speak of such things as God's word hath left in their nature indifferent, and of such things we say, that if being enjoined by princes they did absolutely bind, then they should be in themselves immutably necessary, even secluding as well the laws of princes which enjoin them, as the end of order, decency, and edification, whereunto they are referred. To say no more, hath not Dr Forbesse told us in Calvin's words,(985) Notatu dignum, &c.? "It is worthy of observation, that human laws, whether they be made by the magistrate or by the church, howsoever they be necessary to be observed (I speak of such as are good and just), yet they do not, therefore, by themselves bind the conscience, because the whole necessity of observing them looketh to the general end, but consisteth not in the things commanded."

6. Whatsoever bond of conscience is not confirmed and warranted by the word is, before God, no bond at all. But the absolute bond wherewith conscience is bound to the obedience of the laws of princes is not confirmed nor warranted by the word; therefore the proposition no man can deny, who acknowledged that none can have power or dominion over our consciences but God only, the great Lawgiver, who alone can save and destroy, James iv. 12. Neither doth any writer, whom I have seen, hold that princes have any power over men's consciences, but only that conscience is bound by the laws of princes, for this respect, because God, who hath power over our consciences, hath tied us to their laws. As to the assumption, he who denyeth it must give instance to the contrary. If those words of the Apostle be objected, Rom. xiii. 5, "Ye must needs be subject, not only for wrath, but also for conscience' sake."

I answer, 1. The Apostle saith not that we must obey, but that we must be subject, for conscience' sake; and how oft shall we need to tell our opposites that subjection is one thing, and obedience another?

2. If he had said that we must obey for conscience' sake, yet this could not have been expounded of an absolute bond of conscience, but only of an hypothetical bond, in case that which the magistrate commandeth cannot be omitted without breaking the law of charity. If it be said again, that we are not only bidden be subject, but likewise to obey magistrates, Tit. iii. 1: Ans. And who denyeth this? But still I ask, are we absolutely and always bound to obey magistrates? Nay, but only when they command such things as are according to the rules of the word, so that either they must be obeyed or the law of charity shall be broken; in this case, and no other, we are bidden obey.

Sect. 31. Thus have we gained a principal point, viz., that the laws of princes bind not absolutely but conditionally, not propter se, but propter aliud. Whereupon it followeth, that except the breach of those ceremonial ordinances wherewith we are pressed include the breach of the law of charity, which is of a superior bond, we are not holden to obey them. Now that it is not the breach, but the obedience of those ordinances which violateth the law of charity, we have heretofore made manifest, and in this place we will add only one general: Whensoever the laws of princes about things ecclesiastical do bind the conscience conditionally, and because of some other law of a superior bond, which cannot be observed if they be transgressed (which is the only respect for which they bind, when they bind at all), then the things which they prescribe belong either to the conservation or purgation of religion; but the controverted ceremonies belong to neither of these, therefore the laws made thereanent bind not, because of some other law which is of a superior bond. As to the proposition, will any man say that princes have any more power than that which is expressed in the twenty-fifth article of the Confession of Faith, ratified in the first parliament of king James VI., which saith thus: "Moreover, to kings, princes, rulers, and magistrates, we affirm that chiefly and most principally, the conservation and the purgation of the religion appertains, so that not only they are appointed for civil policy, but also for maintenance of the true religion, and for suppressing of idolatry and superstition whatsoever?" Hoc nomine, saith Calvin,(986) maxime laudantur sancti reges in scriptura, quod Dei cultum corruptum vel eversum restituerint, vel curam gesserint religionis, ut sub illis pura et incolumis floreret. The twenty-first Parliament of king James, holden at Edinburgh 1612, in the ratification of the acts and conclusions of the General Assembly, kept in Glasgow 1610, did innovate and change some words of that oath of allegiance which the General Assembly, in reference to the conference kept 1751, ordained to be given to the person provided to any benefice with cure, in the time of his admission, by the ordinate. For the form of the oath, set down by the Act of the Assembly, beginneth thus: "I, A. B., now nominate and admitted to the kirk of D., utterly testify and declare in my conscience, that the right excellent, right high, and mighty prince, James VI., by the grace of God king of Scots, is the only lawful supreme governor of this realm, as well in things temporal as in the conservation and purgation of religion," &c. But the form of the oath set down by the Act of Parliament beginneth thus: "I, A. B., now nominate and admitted to the kirk of D., testify and declare in my conscience, that the right excellent, &c., is the only lawful supreme governor of this realm, as well in matters spiritual and ecclesiastical, as in things temporal," &c. Yet I demand, whether or not do the matters spiritual and ecclesiastical, of which the Act of Parliament speaketh, or those all spiritual or ecclesiastical things or causes, of which the English oath of supremacy speaketh, comprehend any other thing than is comprehended under the conservation and purgation of religion, whereof the Act of Assembly speaketh? If it be answered affirmatively, it will follow that princes have power to destruction, and not to edification only; for whatsoever may edify or profit the church, pertaineth either to the conservation or the purgation of religion. If negatively, then it cannot be denied that the conservation and purgation of religion do comprehend all the power which princes have in things ecclesiastical.

Sect. 32. Now to the assumption. And first, that the controverted ceremonies pertain not to the conservation of religion, but contrariwise to the hurt and prejudice of the same, experience hath, alas! made it too manifest; for O what a doleful decay of religion have they drawn with them in this land! Let them who have seen Scotland in her first glory tell how it was then, and how it is now. Idle and idol-like bishopping hath shut too the door of painful and profitable catechising.(987) The keeping of some festival days is set up instead of the thankful commemoration of God's inestimable benefits, howbeit the festivity of Christmas hath hitherto served more to bacchanalian lasciviousness than to the remembrance of the birth of Christ.(988) The kneeling down upon the knees of the body hath now come in place of that humiliation of the soul wherewith worthy communicants addressed themselves unto the holy table of the Lord; and, generally, the external show of these fruitless observances hath worn out the very life and power of religion. Neither have such effects ensued upon such ceremonies among us only, but let it be observed everywhere else, if there be not least substance and power of godliness among them who have most ceremonies, whereunto men have, at their pleasure, given some sacred use and signification in the worship of God; and most substance among them who have fewest shows of external rites. No man of sound judgment (saith Beza(989)) will deny, Jesum Christum quo nudior, &c., "that Jesus Christ, the more naked he be, is made the more manifest to us; whereas, contrariwise, all false religions use by certain external gesturings to turn away men from divine things." Zanchius saith well of the surplice and other popish ceremonies,(990) Quod haec nihil ad pietatem accendendam, multum autem ad restinguendam valeant. Bellarmine,(991) indeed, pleadeth for the utility of ceremonies, as things belonging to the conservation of religion. His reason is, because they set before our senses such an external majesty and splendour, whereby they cause the more reverence. This he allegeth for the utility of the ceremonies of the church of Rome. And I would know what better reason can be alleged for the utility of ours. But if this be all, we throw back the argument, because the external majesty and splendour of ceremonies doth greatly prejudge and obscure the spirit and life of the worship of God, and diverteth the minds of men from adverting unto the same, which we have offered to be tried by common experience. Durand himself, for as much as he hath written in the defence of ceremonies, in his unreasonable Rationale, yet he maketh this plain confession:(992) Sane in primitiva ecclesia, sacrificium fiebat in vasis ligneis et vestibus communibus: tunc enim erant lignei calices et aurei sacerdotes: nunc vero e contra est. Behold what followeth upon the majesty and splendour which ceremonies carry with them, and how religion, at its best and first estate, was without the same!

Sect. 33. Neither yet do the ceremonies in question belong to the purgation of religion; for wheresoever religion is to be purged in a corrupted church, all men know that purgation standeth in putting something away, not in keeping it still; in voiding somewhat, nor in retaining it; so that a church is not purged, but left unpurged, when the unnecessary monuments of bypast superstition are still preserved and kept in the same. And as for the church of Scotland, least of all could there be any purgation of it intended by the resuming of those ceremonies; for such was the most glorious and ever memorable reformation of Scotland, that it was far better purged than any other neighbour church. And of Mr Hooker's jest we may make good earnest; for, in very deed, as the reformation of Geneva did pass the reformation of Germany, so the reformation of Scotland did pass that of Geneva.

Sect. 34. Now hitherto we have discoursed of the power of princes, in making of laws about things which concern the worship of God; for this power it is which our opposites allege for warrant, of the controverted ceremonies, wherefore to have spoken of it is sufficient for our present purpose. Nevertheless, because there are also other sorts of ecclesiastical things beside the making of laws, such as the vocation of men of ecclesiastical order, the convocation and moderation of councils, the judging and deciding of controversies about faith, and the use of the keys, in all which princes have some place and power of intermeddling, and a mistaking in one may possibly breed a mistaking in all; therefore I thought good here to digress, and of these also to add somewhat, so far as princes have power and interest in the same.



DIGRESSION I.

OF THE VOCATION OF MEN OF ECCLESIASTICAL ORDER.

In the vocation and calling of ecclesiastical persons, a prince ought to carry himself ad modum procurantis speciem, non designantis individuum. Which shall be more plainly and particularly understood in these propositions which follow.

Propos. 1. Princes may and ought to provide and take care that men of those ecclesiastical orders, and those only which are instituted in the New Testament by divine authority, have vocation and office in the church.

Now, beside the apostles, prophets, and evangelists, which were not ordained to be ordinary and perpetual offices in the church, there are but two ecclesiastical orders or degrees instituted by Christ in the New Testament,(993) viz., elders and deacons. Excellenter canones duos tantum sacros ordines appellari censet, diaconatus scilicet et presbyteratus, quia hos solos primitiva ecclesia legitur habuisse, et de his solis preceptum apostoli habemus, saith the Master of sentences.(994) As for the order and decree of bishops superior to that of elders, that there is no divine ordinance nor institution for it, it is not only holden by Calvin, Beza, Bucer, Martyr, Sadeel, Luther, Chemnitius, Gerhard, Balduine, the Magdeburgians, Musculus, Piscator, Hemmingius, Zanchius, Polanus, Junius, Pareus, Fennerus, Danaeus, Morney, Whittakers, Willets, Perkins, Cartwright, the Professors of Leyden, and the far greatest part of writers in reformed churches, but also by Jerome, who, upon Tit. i., and in his epistle to Evagrius, speaketh so plainly, that the Archbishop of Spalato is driven to say,(995) Deserimus in hac parte Hieronymum, neque ei in his dictis assentimus; also by Ambrose on 1 Tim. iii.; Augustine in his Book of Questions out of both Testaments, quest. 101; Chrysostom on 1 Tim. iii.; Isidore, dist. 21, cap. 1; the Canon Law, dist. 93, cap. 24, and dist. 95, cap. 5; Lombard., lib. 4, dist. 24. And after him, by many schoolmen, such as Aquinas, Alensis, Albertus, Bonaventura, Richardus, and Dominicus Soto, all mentioned by the Archbishop of Spalato, lib. 2, cap. 4, num. 25. Gerhard(996) citeth for the same judgment, Anselmus, Sedulius, Primasius, Theophylactus, Oecumenius, the Council of Basil, Arelatensis, J. Parisiensis, Erasmus, Medina, and Cassander, all which authors have grounded that which they say upon Scripture; for beside that Scripture maketh no difference of order and degree betwixt bishops and elders, it showeth also that they are one and the same order. For in Ephesus and Crete, they who were made elders were likewise made bishops, Acts xx. 17, 28; Tit. i. 5, 7. And the Apostle, Phil. i. 1, divideth the whole ministry in the church of Philippi into two orders, bishops and deacons. Moreover, 1 Tim. iii., he giveth order only for bishops and deacons, but saith nothing of a third order. Wherefore it is manifest, that beside those two orders of elders and deacons, there is no other ecclesiastical order which hath any divine institution, or necessary use in the church; and princes should do well to apply their power and authority to the extirpation and rooting out of popes, cardinals, patriarchs, primates, archbishops, bishops, suffragans, abbots, deans, vice-deans, priors, archdeacons, subdeacons, abbots, chancellors, chantors, subchantors, exorcists, monks, eremites, acoloths, and all the rabble of popish orders, which undo the church, and work more mischief in the earth than can be either soon seen or shortly told.

But, contrariwise, princes ought to establish and maintain in the church, elders and deacons, according to the apostolical institution. Now elders are either such as labour in the word and doctrine, or else such as are appointed for discipline only. They who labour in the word and doctrine are either such as do only teach, and are ordained for conserving, in schools and seminaries of learning, the purity of Christian doctrine, and the true interpretation of Scripture, and for detecting and confuting the contrary heresies and errors, whom the Apostle calleth doctors or teachers; or else they are such as do not only teach, but also have a more particular charge to watch over the flock, to seek that which is lost, to bring home that which wandereth, to heal that which is diseased, to bind up that which is broken, to visit every family, to warn every person, to rebuke, to comfort, &c., whom the Apostle called sometimes pastors, and sometimes bishops or overseers. The other sort of elders are ordained only for discipline and church government, and for assisting of the pastors in ruling the people, overseeing their manners, and censuring their faults. That this sort of elders is instituted by the Apostle, it is put out of doubt, not alone by Calvin, Beza, and the divines of Geneva, but also by Chemnitius (Exam. part 2, p. 218), Gerhard (Loc. Theol., tom. 6, p. 363, 364), Zanchius (in 4 Proec., col. 727), Martyr (in 1 Cor. xii. 28), Bullinger (in 1 Tim. v. 17), Junius (Animad. in Bell., contr. 5, lib. 1, cap. 2), Polanus (Synt., lib. 7, cap. 11), Pareus (in Rom. xii. 8; 1 Cor. xii. 28), Cartwright (on 1 Tim. v. 17), the Professors of Leyden (Syn. Pur. Theol. disp. 42, thes. 20), and many more of our divines, who teach that the Apostle, 1 Tim. v. 17, directly implieth that there were some elders who ruled well, and yet laboured not in the word and doctrine; and those elders he meaneth by them that rule, Rom. xii. 8; and by governments, 1 Cor. xii. 28, where the Apostle saith not, helps in governments, as our new English translation corruptly readeth, but helps, governments, &c. plainly putting governments for a different order from helps or deacons. Of these elders(997) speaketh Ambrose,(998) as Dr Fulk also understandeth him,(999) showing that with all nations eldership is honourable; wherefore the synagogue also, and afterwards the church, hath had some elders of the congregation, without whose council and advice nothing was done in the church; and that he knew not by what negligence this had grown out of use, except it had been by the sluggishness of the teachers, or rather their pride, whilst they seemed to themselves to be something, and so did arrogate the doing of all by themselves.

Deacons were instituted by the apostles(1000) for collecting, receiving, keeping, and distributing ecclesiastical goods, which were given and dedicated for the maintenance of ministers, churches, schools, and for the help and relief of the poor, the stranger, the sick, and the weak; also for furnishing such things as are necessary to the ministration of the sacrament.(1001) Besides which employments, the Scripture hath assigned neither preaching, nor baptising, nor any other ecclesiastical function to ordinary deacons.

Propos. 2. Princes, in their dominions, ought to procure and effect, that there be never wanting men qualified and fit for those ecclesiastical functions and charges which Christ hath ordained, and that such men only be called, chosen, and set apart for the same.

There are two things contained in this proposition. 1. That princes ought to procure that the church never want men qualified and gifted for the work and service of the holy ministry, for which end and purpose they ought to provide and maintain schools and colleges, entrusted and committed to the rule and oversight of orthodox, learned, godly, faithful, and diligent masters, that so qualified and able men may be still furnished and sent to take care that the ministers of the church neither want due reverence, 1 Tim. v. 17; Heb. xiii. 17, nor sufficient maintenance, 1 Cor. ix., that so men be not scarred from the service of the ministry, but rather encouraged unto the same, 2 Chron. xxxi. 4.

2. That princes ought also to take order and course, that well-qualified men, and no others, be advanced and called to bear charge and office in the church, for which purpose they should cause not one disdainful prelate, but a whole presbytery or company of elders, to take trial of him who is to be taken into the number of preaching elders, and to examine well the piety of his life, the verity of his doctrine, and his fitness to teach. And further, that due trial may be continually had of the growth or decay of the graces and utterance of every pastor, it is the part of princes to enjoin the visitation of particular churches, and the keeping of other presbyterial meetings, likewise the assembling of provincial, and national synods, for putting order to such things as have not been helped in the particular presbyteries. And as for the other sort of elders, together with deacons, we judge the ancient order of this church to have been most convenient for providing of well-qualified men for those functions and offices; for the eighth head of the First Book of Discipline, touching the election of elders and deacons, ordaineth that only men of best knowledge and cleanest life be nominate to be in election, and that their names be publicly read to the whole church by the minister, giving them advertisement that from among them must be chosen elders and deacons, that if any of these nominate be noted with public infamy, he ought to be repelled; and that if any man know others of better qualities within the church than those that be nominate, they shall be put in election, that the church may have the choice.

If these courses, whereof we have spoken, be followed by Christian princes, they shall, by the blessing of God, procure that the church shall be served with able and fit ministers; but though thus they may procurare speciem, yet they may not designare individuum, which now I am to demonstrate.

Propos. 3. Nevertheless,(1002) princes may not design nor appoint such or such particular men to the charge of such or such particular churches, or to the exercise of such or such ecclesiastical functions, but ought to provide that such an order and form be kept in the election and ordination of the ministers of the church, as is warranted by the example of the apostles and primitive church.

The vocation of a minister in the church is either inward or outward. The inward calling which one must have in finding himself, by the grace of God, made both able and willing to serve God and his church faithfully in the holy ministry, lieth not open to the view of men, and is only manifest to him from whom nothing can be hid; the outward calling is made up of election and ordination: that signified in Scripture by cheirotonia this by cheirothesia concerning which things we say with Zanchius,(1003) Magistratus, &c.: "It pertaineth to a Christian magistrate and prince to see for ministers unto his churches. But how? Not out of his own arbitrement, but as God's word teacheth; therefore let the Acts of the Apostles and the epistles of Paul be read, how ministers were elected and ordained, and let them follow that form."

The right of election pertaineth to the whole church, which as it is maintained by foreign divines who write of the controversies with Papists, and as it was the order which this church prescribed in the Books of Discipline, so it is commended unto us by the example of the apostles, and of the churches planted by them. Joseph and Matthias were chosen and offered to Christ by the whole church, being about 120 persons, Acts i. 15, 23; the apostles required the whole church and multitude of disciples, to choose out from among them seven men to be deacons, Acts vi. 2, 3; the Holy Ghost said to the whole church at Antioch, being assembled together to minister unto the Lord, "Separate me Barnabas and Saul," Acts xiii. 1, 2; the whole church chose Judas and Silas to be sent to Antioch, Acts xv. 22; the brethren who travelled in the church's affairs were chosen by the church, and are called the church's messengers, 2 Cor. viii. 19, 23; such men only were ordained elders by Paul and Barnabas who were chosen and approved by the whole church, their suffrages being signified by the lifting up of their hands, Acts xiv. 23. Albeit, Chrysostom and other ecclesiastical writers use the word cheirotonia for ordination and imposition of hands, yet when they take it in this sense, they speak it figuratively and synecdochically, as Junius showeth.(1004) For these two, election by most voices, and ordination by laying on of hands, were joined together, did cohere, as an antecedent and a consequent, whence the use obtained, that the whole action should be signified by one word, per modum intellectus, collecting the antecedent from the consequent, and the consequent from the antecedent. Nevertheless, according to the proper and native signification of the word, it noteth the signifying of a suffrage or election by the lifting up of the hand, for cheimotonehin is no other thing nor chehiras tehinein or hanatehineiu to lift or hold up the hands in sign of a suffrage; and so Chrysostom himself useth the word when he speaketh properly, for he saith that the senate of Rome took upon him cheirosoiehin theohne; that is (as D. Potter turneth his words(1005)), to make gods by most voices.

Bellarmine(1006) reckoneth out three significations of the word cheirosoiehin: 1. To choose by suffrages; 2. Simply to choose which way soever it be; 3. To ordain by imposition of hands. Junius answereth him,(1007) that the first is the proper signification; the second is metaphorical; the third synecdochical.

Our English translators, 2 Cor. i. 19, have followed the metaphorical signification, and in this place, Acts xiv. 23, the synecdochical. But what had they to do either with a metaphor or a synecdoche when the text may bear the proper sense? Now that Luke, in this place, useth the word in the proper sense, and not in the synecdochical, Gerhard(1008) proveth from the words which he subjoineth, to signify the ordaining of those elders by the laying on of hands; for he saith that they prayed, and fasted, and commended them to the Lord, in which words he implieth the laying on of hands upon them, as may be learned from Acts vi. 6, "When they had prayed, they laid their hands on them;" Acts xiii. 3, "When they had fasted, and prayed, and laid their hands on them;" so Acts viii. 15, 17, prayer and laying on of hands went together. Wherefore by cheirotouhesagtes Luke pointeth at the election of those elders by voices, being, in the following words, to make mention of their ordination by imposition of hands.

Cartwright(1009) hath for the same point other weighty reasons: "It is absurd (saith he) to imagine that the Holy Ghost, by Luke, speaking with the tongues of men, that is to say, to their understanding, should use a word in that signification in which it was never used before his time by any writer, holy or profane, for how could he then be understood, if using the note and name they used, he should have fled from the signification whereunto they used it, unless therefore his purpose was to write that which none could read? It must needs be that as he wrote so he meant the election by voices. And if Demosthenes, for knowledge in the tongue, would have been ashamed to have noted the laying down of hands by a word that signifieth the lifting of them up, they do the Holy Ghost (which taught Demosthenes to speak) great injury in using this impropriety and strangeness of speech unto himself, which is yet more absurd, considering that there were both proper words to utter the laying on of hands by, and the same also was used in the translation of the LXX, which Luke, for the Gentiles' sake, did, as it may seem (where he conveniently could), most follow. And yet it is most of all absurd that Luke, which straiteneth himself to keep the words of the seventy interpreters, when as he could have otherwise uttered things in better terms than they did, should here forsake the phrase wherewith they noted the laying on of hands, being most proper and natural to signify the same. The Greek Scholiast also, and the Greek Ignatius, do plainly refer this word to the choice of the church by voices."

But it is objected, that Luke saith not of the whole church, but only of Paul and Barnabas, that they made them by voices elders in every city.

Ans. But how can one imagine that betwixt them two alone the matter went to suffrages? Election by most voices, or the lifting up of the hand in taking of a suffrage, had place only among a multitude assembled together. Wherefore we say with Junius,(1010) that τὸ χειροτονεὶν is both a common and a particular action whereby a man chooseth, by his own suffrage in particular, and likewise with others in common, so that in one and the same action we cannot divide those things which are so joined together.

From that which hath been said, it plainly appeareth that the election of ministers, according to the apostolic institution, pertaineth to the whole body of that church where they are to serve; and that this was the apostolic and primitive practice, it is acknowledged even by some of the Papists, such as Lorinus, Salmeron, and Gaspar Sanctius, all upon Acts xiv. 23. The canon law(1011) itself commendeth this form and saith, Electio clericorum est petitio plebis. And was he not a popish archbishop(1012) who condescended that the city of Magedeburg should have jus vocandi ac constituendi ecclesiae ministros? Neither would the city accept of peace without this condition.

That in the ancient church, for a long time, the election of ministers remained in the power of the whole church or congregation, it is evident from Cypr., lib. 1, epist. 4, 68; August., epist. 106; Leo I., epist. 95; Socrat., lib. 4, cap. 30; and lib. 6, cap. 2; Possidon, in Vita Aug., cap. 4. The testimonies and examples themselves, for brevity's cause, I omit. As for the thirteenth canon of the Council of Laodicea, which forbiddeth to permit to the people the election of such as were to minister at the altar, we say with Osiander,(1013) that this canon cannot be approved, except only in this respect, that howbeit the people's election and consent be necessary, yet the election is not wholly and solely to be committed to them, excluding the judgment and voice of the clergy. And that this is all which the Council meant, we judge with Calvin(1014) and Gerhard.(1015) That this is the true interpretation of the canon, Junius(1016) proveth both by the words ὄχλοις ἐπιτρέπειν, permittere turbis, for ἐπιτρέπειν signifieth to quit and leave the whole matter to the fidelity and will of others; and, likewise, by the common end and purpose of that Council which was to repress certain faults of the people which had prevailed through custom. Indeed, if the whole matter were altogether left to the people, contentions and confusions might be feared; but whilst we plead for the election of the people, we add,

1. Let the clergy of the adjacent bounds, in their presbyterial assembly, try and judge who are fit for the ministry; thereafter let a certain number of those who are by them approven as fit, be offered and propounded to the vacant church, that a free election may be made of some one of that number, providing always that if the church or congregation have any real reason for refusing the persons nominate and offered unto them, and for choosing of others, their lawful desires be herein yielded unto.

2. Even when it comes to the election,(1017) yet populus non solus judicat, sed proeunte et moderante actionem clero et presbyterio, let the elders of the congregation, together with some of the clergy concurring with them, moderate the action, and go before the body of the people.

Would to God that these things were observed by all who desire the worthy office of a pastor; for neither the patron's presentation, nor the clergy's nomination, examination and recommendation, nor the bishop's laying on of hands and giving of institution, nor all these put together, can make up to a man's calling to be a pastor to such or such a particular flock, without their own free election. Even, as in those places where princes are elected, the election gives them jus ad rem (as they speak), without which the inauguration can never give them jus in re; so a man hath, from his election, power to be a pastor so far as concerneth jus ad rem, and ordination only applieth him to the actual exercising of his pastoral office, which ordination ought to be given unto him only who is elected, and that because he is elected. And of him who is obtruded and thrust upon a people, without their own election, it is well said by Zanchius, that he can neither with a good conscience exercise his ministry, nor yet be profitable to the people, because they will not willingly hear him, nor submit themselves unto him.

Furthermore, because patronages and presentation to benefices do often prejudge the free and lawful election which God's word craveth, therefore the Second Book of Discipline, chap. 12, albeit it permitteth and alloweth the ancient patrons of prebendaries, and such benefices as have not curam animarum, to reserve their patronages, and to dispone thereupon to benefices that have curam animarum, may have no place in this light of reformation. Not that we think a man presented to a benefice that hath curam animarum cannot be lawfully elected, but because of the often and ordinary abuse of this unnecessary custom, we could wish it abolished by princes.

It followeth to speak of ordination, wherein, with Calvin,(1018) Junius,(1019) Gersom Burer,(1020) and other learned men, we distinguish betwixt the act of it and the rite of it. The act of ordination standeth in the mission to the deputation of a man to an ecclesiastical function, with power and authority to perform the same; and thus are pastors ordained when they are sent to a people with power to preach the word, minister the sacraments, and exercise ecclesiastical discipline among them. For "How shall they preach except they be sent?" Rom. x. 15. Unto which mission or ordination neither prayer nor imposition of hands, nor any other of the church's rites, is essential and necessary, as the Archbishop of Spalato showeth,(1021) who placeth the essential act of ordination in missione potestativa, or a simple deputation and application of a minister to his ministerial function with power to perform it. This may be done, saith he, by word alone, without any other ceremony, in such sort that the fact should hold, and the ordination thus given should be valid enough. When a man is elected by the suffrages of the church, then his ordination is quasi solennis missio in possessionem honoris illius, ex decreto, saith Junius.(1022) Chemnitius noteth,(1023) that when Christ, after he had chosen his twelve apostles, ordained them to preach the gospel, to cast out devils, and to heal diseases, we read of no ceremony used in this ordination, but only that Christ gave them power to preach, to heal, and to cast out devils, and so sent them away to the work. And howsoever the church hath for order and decency used some rite in ordination, yet there is no such rite to be used with opinion of necessity, or as appointed by Christ or his apostles. When our writers prove against Papists that order is no sacrament, this is one of their arguments, that there is no rite instituted in the New Testament to be used in the giving of orders. Yet because imposition of hands was used in ordination not only by the apostles, who had power to give extraordinarily the gifts of the Holy Ghost, but likewise by the presbytery or company of elders; and Timothy did not only receive the gift that was in him, by the laying on of Paul's hands. 2 Tim. i. 16, as the mean, but also with the laying on of the hands of the presbytery, 1 Tim. iv. 14, as the rite and sign of his ordination; therefore the church, in the after ages, hath still kept and used the same rite in ordination, which rite shall, with our leave, be yet retained in the church, providing, 1. It be not used with opinion of necessity; for that the church hath full liberty either to use any other decent rite (not being determined by the word to any one), or else to use no rite at all, beside a public declaration that the person there presented is called and appointed to serve the church in the pastoral office, together with exhortation to the said person, and the commending of him to the grace of God, the church not being tied by the word to use any rite at all in the giving of ordination. 2. That it be not used as a sacred significant ceremony to represent and signify either the delivering to the person ordained authority to preach and to minister the sacraments, or the consecration and mancipation of him to the holy ministry; or, lastly, God's bestowing of the gifts of his Spirit upon him, together with his powerful protection and gracious preservation in the performing of the works of his calling, but only as a moral sign, solemnly to assign and point out the person ordained; which, also, was one of the ends and uses whereunto this rite of laying on of hands was applied by the apostles themselves, as Chemnitius showeth.(1024) And so Joshua was designed and known to the people of Israel as the man appointed to be the successor of Moses, by that very sign, that Moses laid his hands on him, Deut. xxxiv.

As a sacred significant ceremony we may not use it, 1. Because it hath been proved,(1025) that men may never, at their pleasure, ascribe to any rite whatsoever, a holy signification of some mystery of faith or duty of piety. The apostles, indeed, by laying on of their hands, did signify their giving of the gift of the Holy Ghost; but, now, as the miracle, so the mystery hath ceased, and the church not having such power to make the signification answer to the sign, if now a sacred or mystical signification be placed in the rite, it is but an empty and void sign, and rather minical than mystical. 2. All such sacred rites as have been notoriously abused to superstition, if they have no necessary use, ought to be abolished, as we have also proven;(1026) therefore, if imposition of hands in ordination be accounted and used as a sacred rite, and as having a sacred signification (the use of it not being necessary), it becometh unlawful, by reason of the bygone and present superstitious abuse of the same in Popery.

Now the right and power of giving ordination to the ministers of the church belongeth primarily and wholly to Christ, who communicateth the same with his bride the church. Both the bridegroom for his part, and the bride for her part, have delivered this power of ordination to the presbytery jure DIVINO. Afterward the presbytery conferred, jure humano, this power upon them, who were specially called bishops, whence the tyrannical usurpation of bishops hath in process followed, claiming the proper right and ordinary position of that which at first they had only by free concession; and thus that great divine, Franciscus Junius,(1027) deriveth the power of ordination. All which, that it may be plain unto us, let us observe four several passages.

1. The whole church(1028) hath the power of ordination communicated to her from Christ, to whom it wholly pertaineth; for, 1. It is most certain (and among our writers agreed upon) that, to the whole church collectively taken, Christ hath delivered the keys of the kingdom of heaven with power to use the same, promising that whosoever the church bindeth on earth, shall be bound in heaven, and whosoever she looseth on earth, shall be loosed in heaven, Matt. xviii. 18; therefore he hath also delivered unto the whole church power to call and ordain ministers for using the keys, otherwise the promise might be made void, because the ministers which she now hath may fail. 2. Christ hath appointed a certain and an ordinary way how the church may provide herself of ministers, and so may have ever in herself the means of grace and comfort sufficient to herself, according to that of the Apostle, 1 Cor. iii. 21, 22, "All things are yours, whether Paul or Apollos," &c. But if she had not the power of ordaining ministers unto herself when she needeth, then might she sometimes be deprived of such an ordinary and certain way of providing herself. 3. When the ministry of the church faileth or is wanting, Christian people have power to exercise that act of ordination which is necessary to the making of a minister. Dr Fulk(1029) showeth out of Ruffinus and Theodoret, that AEdesius and Frumentius, being but private men, by preaching of the gospel, converted a great nation of the Indians; and that the nation of the Iberians being converted by a captive woman, the king and the queen became teachers of the gospel to the people. And might not, then, the church in those places both elect and ordain ministers?

2. The church hath, by divine institution, delivered the power of ordaining ordinary ministers to the presbytery, whereof the church consisteth repraesentative. And so saith Pareus,(1030) that the power of mission (which is ordination) belongeth to the presbytery. Scriptura, saith Balduine,(1031) ordinationem tribuit toti presbyterio, non seorsim episcopo. With whom say the Professors of Leyden in like manner.(1032) Now when the divines of Germany and Belgia speak of a presbytery, they understand such a company as hath in it both those two sorts of elders which we speak of, viz., some who labour in the word and doctrine, whom the Apostle calleth bishops, and others who labour only in discipline. The apostolic and primitive times knew neither parishional nor diocesan churches. Christians lived then in cities only, not in villages, because of the persecution; and it is to be remembered, that in Rome, Corinth, Ephesus, Colosse, Philippi, Thessalonica, and such other cities inhabited by Christians, there were more pastors than one. The Apostle called unto him the elders (not elder) of the church of Ephesus, Acts xx. 17; he writeth to the bishops (not bishop) of the church at Philippi, Phil. i. 1; he biddeth the Thessalonians know them (not him) which laboured among them, 2 Thess. v. 12. Now that number of pastors or bishops which was in one city, did in common govern all the churches within the city, and there was not any one pastor who, by himself, governed a certain part of the city particularly assigned to his charge, to which purpose the Apostle exhorteth the elders of the church at Ephesus, to take heed to all the flock, παντι τῳ ποιμιῳ, Acts xx. 28. And to the same purpose it is said by Jerome,(1033) that before schemes and divisions were, by the devil's instigation, made in religion, communi presbyterorum consilio ecclesiae gubernabantur.

This number of preaching elders in one city, together with those elders which, in the same city, laboured for discipline only, made up that company which the Apostle,(1034) 1 Tim. iv. 14, calleth a presbytery, and which gave ordination to the ministers of the church. To the whole presbytery, made up of those two sorts of elders, belonged the act of ordination, which is mission, howbeit the right,(1035) which was imposition of hands, belonged to those elders alone which laboured in the word and doctrine. And so we are to understand that which the Apostle there saith of the presbytery's laying on of hands upon Timothy. As for Dr Downame's(1036) two glosses upon that place, which he borroweth from Bellarmine, and whereby he thinketh to elude our argument, we thank Dr Forbesse(1037) for confuting them. Quod autem, &c.: "But whereas (saith he) some have expounded the presbytery in this place to be a company of bishops, except by bishops thou would understand presbyteries, it is a violent interpretation, and an insolent meaning, and whereas others have understood the degree itself of eldership, this cannot stand, for the degree hath not hands, but hands are men's." Wherefore the Doctor himself, by the presbytery whereof the Apostle speaketh, understandeth (as we do) confessus presbyterorum.

But since we cannot find, in the apostles' times, any other presbytery or assembly of elders beside that which hath been spoken of, how cometh it, nay, some say that the church of Scotland, and other reformed churches, did appoint two sorts of presbyterial assemblies, one (which here we call sessions) wherein the pastor of the parish, together with those elders within the same, whom the Apostle calleth governments and presidents, put order to the government of that congregation, another (which here we presbyteries) wherein the pastors of sundry churches, lying near together, do assemble themselves? Which difficulty yet more increaseth, if it be objected that neither of these two doth in all points answer or conform itself unto that primitive form of presbytery whereof we speak. Ans. The division and multiplication of parishes, and the appointment of particular pastors to the peculiar oversight of particular flocks, together with the plantation of churches in villages as well as in cities, hath made it impossible for us to be served with that only one form of presbytery which was constitute in the apostles' times. But this difference of the times being (as it ought to be) admitted, for an inevitable cause of the differences of the former, both those two forms of presbyterial meetings appointed by the church of Scotland do not only necessarily result from that one apostolic form, but likewise (the actions of them both being laid together) do accomplish all these ordinary ecclesiastical functions which were by it performed.

And first, Sessions have a necessary use, because the pastors and those elders who assist them in the governing of their flocks must, as well conjunctly as severally, as well publicly as privately, govern, admonish, rebuke, censure, &c. As for presbyteries, because the parishes being divided in most places, there is but one pastor in a parish, except there should be a meeting of a number of pastors out of divers parishes, neither could trial be well had of the growth or decay of the gifts, graces, and utterance of every pastor, for which purpose the ninth head of the First book of Discipline appointed the ministers of adjacent churches to meet together at convenient times, in towns and public places, for the exercise of prophecying and interpreting of Scripture, according to that form commended to the church at Corinth, 1 Cor. xiv. 29-32. For yet could the churches be governed by the common council and advice of presbyteries, which being necessary by apostolic institution, and being the foundation and ground of our presbyteries, it maketh them necessary too.

3. After the golden age of the apostles was spent and away, presbyteries, finding themselves disturbed with emulations, contentions, and factions, for unity's sake, chose one of their number to preside among them, and to confer, in name of the rest, the rite and sign of initiation (which was imposition of hands) on them whom they ordained ministers. This honour did the presbyters yield to him who was specially and peculiarly called bishop, jure humano; yet the act of ordination they still reserved in their own power. And wheresoever the act doth thus remain in the power of the whole presbytery, the conferring of the outward sign or rite by one in the name of the rest, none of us condemneth, as may be seen in Beza, Didoclavius, and Gersom Bucer. Neither is there any more meant by Jerome(1038) when he saith, "What doth a bishop (ordination being excepted) which a presbyter may not do?" For, 1. He speaketh not of the act of ordination, which remained in the power of the presbytery, but of the outward sign or rite, which synedochically he calls ordination.(1039) 2. He speaketh only of the custom of that time, and not of any divine institution; for that the imposition of hands pertained to the bishop alone, not by divine institution, but only by ecclesiastical custom, Junius proveth(1040) out of Tertullian, Jerome and Ambrose.

4. Afterward bishops began to appropriate to themselves that power which pertained unto them jure devoluto, as if it had been their own jure proprio. Yet so that some vestiges of the ancient order have still remained; for both Augustine and Ambrose (whose words, most plain to this purpose, are cited by Dr Forbesse(1041)) testify that, in their time, in Alexandria and all Egypt, the presbyters gave ordination when a bishop was not present. The canon law(1042) ordaineth that, in giving of ordination, presbyters lay on their hands, together with the bishop's hands. And it is holden by many Papists (of whom Dr Forbesse(1043) allegeth some for the same point) that any simple presbyter (whom they call a priest) may, with the Pope's commandment or concession, give valid ordination. That which maketh them grant so much is, because they dare not deny that presbyters have the power of ordination jure divino. Yet saith Panormitanus,(1044) Olim presbytery in communi regebant ecclesiam, et ordinabant sacradotes. The Doctor himself holdeth, that one simple presbyter howsoever having, by virtue of his presbyterial order, power to give ordination, quod ad actum primum sive aptitudinem, yet quo ad exercitium cannot validly give ordination without a commission from the bishop or from the presbytery, if either there be no bishop, or else he be a heretic or wolf. But I would learn why may not the presbytery validly ordain, either by themselves, or by any one presbyter with commission and power from them, even where there is a bishop (and he no heretic) who consenteth not thereto; for the Doctor(1045) acknowledgeth, that not only quo ad aptitudinem, but even quo ad plenariam ordinationis executionem, the same power pertaineth to the presbytery collegialiter, which he allegeth (but proveth not) that the apostles gave to bishops personaliter.

Now from all these things princes may learn how to reform their own and the prelates' usurpation, and how to reduce the orders and vocation of ecclesiastical persons unto conformity with the apostolic and primitive pattern, from which if they go on either to enjoin or to permit a departing, we leave them to be judged by the King of terrors.



DIGRESSION II.

OF THE CONVOCATION AND MODERATION OF SYNODS.

Touching the convocation of synods, we resolve with the Professors of Leyden,(1046) that if a prince do so much as tolerate the order and regiment of the church to be public, his consent and authority should be craved, and he may also design the time, place, and other circumstances; but much more,(1047) if he be a Christian and orthodox prince, should his consent, authority, help, protection, and safeguard be sought and granted. And that according to the example, both of godly kings in the Old Testament, and of Christian emperors and kings in the New.(1048) Chiefly, then, and justly(1049) the magistrate may and ought to urge and require synods, when they of the ecclesiastical order cease from doing their duty. Veruntamen si contra,(1050) &c. "Nevertheless (say they), if, contrariwise, the magistrate be an enemy and persecutor of the church and of true religion, or cease to do his duty; that is, to wit, in a manifest danger of the church, the church notwithstanding ought not to be wanting to herself, but ought to use the right and authority of convocation, which first and foremost remaineth with the rulers of the church, as may be seen, Acts xv."

But that this be not thought a tenet of anti-episcopal writers alone, let us hear what is said by one of our greatest opposites:(1051) Neque defendimus ita, &c.: "Neither do we so defend that the right of convocating councils pertaineth to princes, as that the ecclesiastical prelates may no way either assemble themselves together by mutual consent, or be convocated by the authority of the metropolitan, primate, or patriarch. For the apostles did celebrate councils without any convocation of princes. So many councils that were celebrate before the first Nicea, were, without all doubt, gathered together by the means alone of ecclesiastical persons; for to whom directly the church is fully committed, they ought to bear the care of the church. Yet princes in some respect indirectly, for help and aid, chiefly then when the prelates neglect to convocate councils, or are destitute of power for doing of the same, of duty may, and use to convocate them." Where we see his judgment to be, that the power of convocating councils pertaineth directly to ecclesiastical persons, and to princes only indirectly, for that they ought to give help and aid to the convocation of the same, especially when churchmen either will not or cannot assemble themselves together. His reasons whereupon he groundeth his judgment are two, and those strong ones.

1. The apostolical councils, Acts vi. 2; iv. 16, and so many as were assembled before the first council of Nice, were not convocated by princes, but by ecclesiastical persons without the leave of princes; therefore, in the like cases, the church ought to use the like liberty, that is, when there is need of synods, either for preventing or reforming some corruptions in the doctrine or policy of the church; and for avoiding such inconveniences as may impede the course of the gospel (princes in the meantime being hostile opposites to the truth of God and to the purity of religion), then to convocate the same without their authority and leave.

2. The church is fully committed (and that directly) to the ministers whom Christ hath set to rule over the same; therefore they ought to take care and to provide for all her necessities as those who must give account, and be answerable to God for any hurt which she receiveth in things spiritual or ecclesiastical, for which (when they might) they did not provide a remedy, which being so, it followeth, that when princes will neither convocate synods, nor consent to the convocating of them, yet if the convocating of a synod be a necessary mean for healing of the church's hurt, and ecclesiastical persons be able (through the happy occasion of a fit opportunity) synodically to assemble themselves, in that case they ought by themselves to come together, unless one would say that princes alone, and not pastors, must give account to God how it hath gone with the church in matters spiritual and ecclesiastical.

If it be objected that our divines maintain against Papists, that the right and power of convocating synods pertaineth to princes: Ans., And so say I; but for making the purpose more plain I add three directions: 1. In ordinary cases, and when princes are not enemies to the truth and purity of the gospel, ecclesiastical persons should not do well to assemble themselves together in a synod, except they be convocate with the authority or consent of princes. Yet, as Junius showeth,(1052) in extraordinary cases, and when the magistrate will not concur nor join with the church, the church may well assemble and come together beside his knowledge, and without his consent, for that extraordinary evils must have extraordinary remedies. 2. Ecclesiastical persons may convocate councils simply, and by a spiritual power and jurisdiction; but to convocate them by a temporal and coactive power, pertaineth to princes only. "Ecclesiastical power (saith the Archbishop of Spalato(1053)) may appoint and convocate councils; but yet the ecclesiastical power itself cannot, with any effect or working, compel bishops, especially if the bishops of another province, or kingdom, or patriarchship, be to be convocated. For because the church can work by her censures, and deprive them who refuse of her communion, if they come not, yet they shall not therefore come to the council if they contemn the censure; therefore that no man may be able to resist, it is necessary that they be called by a coactive authority, which can constrain them who gainstand, both with banishments and bodily punishments, and compel the bishops, not only of one province, but also of the whole kingdom or empire, to convene." 3. In the main and substantial respects, the convocations of councils pertaineth to the ministers of the church, that is, as councils are ecclesiastical meetings, for putting order to ecclesiastical matters, they ought to be assembled by the spiritual power of the ministers, whose part it is to espy and note all the misorders and abuses in the church, which must be righted; but because councils are such meetings as must have a certain place designed for them in the dominions and territories of princes, needing further, for their safe assembling, a certification of their princely protection; and, finally, it being expedient for the better success of councils, that Christian princes be present therein, either personal or by their commissioners, that they may understand the councils, conclusions, and decrees, and assenting unto the same, ratify and establish them by their regal and royal authority, because of these circumstances it is, that the consent and authority of Christian princes is, and ought to be, sought and expected for the assembling of synods.