the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
govern'd in a divers kind of government for the Counsellour governs the King by perswading He that is skill'd in Naturall right by declaring divine Law the Physician and Pastor both wayes yet hath the King command over them all and that the Highest The Government by consent although Constitutive is also subject to the Empire of the Highest Powers because no man by consenting can conferre upon another more right than he had himself For this Obligation arising from the Liberty of every one is not larger than that liberty but they have not liberty being single to do any thing against the Command of the Highest Power except the things which God commands therefore they have no right to bind themselves so farre Besides two Constitutive Governments â—unlesse subordinate one to the other cannot consist nor can any Subject be obliged to contraries as before is said which is the reason why the Paternall and Priestly government of the Old Testament for the Aaronicall Priesthood was never without Authority was by God subjected to the Royall Lastly that Authority which is allowed to Pastors by the Supreme being both subject to it and wholly proceeding from it is so farre from overthrowing that it plainly confirmes the right of the Supreme for the cause is known by the effects and that which gives Authority to another hath it selfe more Authority CHAP. V. Of the Judgement of the Highest Powers about Sacred things THe Authority of the Highest Powers about Sacred things being clear'd wee come to that which pertains to the right use of this Authority The Commands of Authority must proceed from Judgement Judgement properly denotes the act of a Superiour defining what is just between two parties and the Highest Judgement is that of the Highest Power for the Lawes and Decrees thereof cannot be nulled or repealed by any Higher although obedience to such Lawes and Decrees be not absolutely due but so farre as it may be given without violation of Gods command Now as the Authority is extended to Sacred things as well as Secular so is the Judgement too according to which the Authority is used Indeed some Kings and Emperouss have seemed to reject from themselves the Judgement concerning Religion but that was either because they found themselves unfit and unable to performe that office or else they meant only as the Great King of Britan interprets his own words and some of the antient Emperours that they did not arrogate to themselves as the Pope of Rome doth a Judgement infallible The truth is all Humane Judgement is subject unto error and unlesse we will take away all Judgement out of the world we must acquiesce in some Highest whose errors are to bee reserved to the Judgement of God If you grant this Highest Humane judgement I speak not of Directive judgement but Imperative it will not follow thence that Pastors and other Christians may upon the judgement and command of the Highest Power omit the necessary duties of piety and charity for as above hath been shewed the commands of the Highest bidding or forbidding whether in Sacred things or Secular bind us not to doe or omit any thing against the Law of God either Naturall or Positive but only to suffer and that only where the paine cannot be avoided but by contrary force The Supreme Judgement of Christ doth no more deny this Judgement of which we speak than his Authority the Authority of the Highest Powers Legislation carrying with it by its own vertue the reward and punishment eternall and finall judgement according to that Law is the Prerogative of Christ alone In the meane time Christ speaks by his Spirit by Divine Judgement yet doth not Humane action follow that Judgement unlesse Humane Judgement be interposed Which as it belongs to every Christian in respect of his private actions so in respect of publike and of private that are govern'd by publick Authority it belongs to the Publick Powers and to the Highest in the Highest degree Brentius long agoâ— saw this whose words are these As a Private man hath a Private so a Prince hath a Publick Power to judge of the Doctrine of Religion and to decide it They that make the Scripture Judge think rightly but speak improperly for if we speak exactly the Scripture is the Rule of judging and the same thing cannot be both the Rule and the Judge In the same kind of speech the Law is said to Judge no man unheard and The word which I speak saith Christ shall judge them at the last day To the Pastors and others that have their senses exercised in the Scripture and to the Churches but especially and in the Highest manner to the Catholick Church agrees a Judgement concerning Sacred things for every one as Aristotle saith rightly judgeth of those things which heâ—â—nder standeth But this Judgement is of another kind for it leads the way to their own actions and the actions of others by directing not by commanding And it is not absurd to grant two Highest Judgements of severall sorts such as are the directive Judgement of the Catholick Church and the Imperative of the Highest Power for there is no Judgement among men higher in esteeme than that none higher than this in Power Now seeing there are two enemies unto judgement ignorance and ill-affections to the end the Supreme Governour may rightly exercise the Judgement that belongs unto him he hath need both of knowledge in Sacred matters and of a mind truly Religious things so united one to the other that Religion encreaseth knowledge and knowledge Religion as Lactantius hath plainly shewed There is in Tacitus an excellent forme of Prayer for the Emperour that God would give him an intelligent mind both in Humane and Divine Law But as far as Divine things excell Humane so much more glorious more profitable and more necessary is the knowledge of Divine things than of Humane Therefore is the King so strictly charged to write himself a Copy of the Law to keep it with him and read therein all the dayes of his life and to Joshuah saith God Let not this book of the Law depart out of thy mouth but meditate therein day and night and in the 2 Psalme 10. verse which evidently respecteth the times of Christ Be wise O ye Kings be learned ye Judges of the earth The pious Hebrew Kings of old obeyed these admonitions and so did the Chiristian Emperours Theodosius and Valentinian Among other cares which our vigilant Love of the Common-wealth hath imposed on us we perceive the principall care belonging to the Imperiall Majesty is the search of Religion by the conservation whereof we may hope for successe in all our enterprizes And saith Justinian Our greatest sollicitade is concerning the true knowledge of God and the honour of his Ministers These precepts and examples prove that the King ought to be skilfull in Religion Yet there are some that Object and say it
this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
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
very few are to be defined the necessary with Anathema the rest without as it was done in the Synode of Orange and there are in the antient Counsell of Carthage these words to the same purpose It remains that we speak our opinion in this controversy judging no man nor separating him from our Communion if he think otherwise But in those first ages it was very available to the keeping of peace in the Catholick Church that no Dogmaticall definitions were wont to be made but in Generall Councils or if any were made in lesser Synods they were not firme untill they were sent to other Churches and approved by common judgement Which custome if the Rulers in the Christian world would now revive they could not doe the Church a greater benefit for in those remedies which Physicians call topicall is little help nor can the unity of the parts be hoped for but from the unity of the whole body I cannot forbeare to praise that excellent Canon of England An. 1571. Let Preachers take heed of Preaching any thing to the people as a necessary point of Faith but what is agreeable to the doctrine of the old or new Testament and which the Catholic Fathers and antient Bishops have collected thence What hath been said of things to be believ'd must be understood also of things by the Divine Law appointed to be done but of these the controversies are not so many In both kinds for the reteining of concord it will be needfull to make the people understand that all things enjoyned are agreeable to Gods word That which Seneca saith against preambles Let the Law command not dispute may have place in things meerly Arbitrary yet in such Laws we see the reason of them given at large by Justinian and others in the Code and Novell Constitutions but in things that are to be perform'd religiously the severity of the Injunction is to be mollifyed by the gentlenesse of persuasion So Plato hath given in precept and Charondas and other Law-givers have shewed us by example And certainly as Governments are made firme by the willingnesse of people in all things so most of all in the businesse of Religion For saith Lactantius Nothing is so voluntary as Religion which without the wils consent is nothing And people that are compell'd by Law to serve God serve not God but the Prince Themistius Here then is required the greatest care and pains that the major part of the people being convinc'd by divine Testimony may know the things commanded to be according to truth and piety I say the major part sor we may rather wish than hope for an universall consent but for the ignorance or malice of a few the care of truth and peace is not to be deserted Yet here must be shewed tendernesse and discretion that they who resist both the Divine and Humane Ordinance may be rather withheld from doing ill than compell'd to doe good as Austin hath long agoe judiciously distinguisht in this matter Now we goe on to the things not determined by Divine Law such as are many things belonging to Church Government to Rites Ceremonies Wherein if the matter be fresh and easy to be wrought it were safest to restore all things to the times next the Apostles and to observe what was then observed with great consent and no lesse benefit of the Church For the most antient Constitutions are the best Yet there must be a respect had to the present things and a respect to the places too Wisely saith Jerom In things neither contrary to Faith nor manners let the customs of our Country be as Canons Apostolicall Austin and others have words of the same sense And variety here is of good use serving for a Testimony of Christian Liberty See the History of Socrates 1.5 c. 22. Verily if in this nature there be any thing that may be better'd yet is tolerable and of long continuance 't is wisdome to let it still continue unlesse the change may be made upon a handsome occasion and with favourable assent The change of a custome saith Augustin doth as much disturbe as prosit But in these things wherein Gods word hath left a liberty the Highest Power shall doe well to content the people So in Secular matters we see that Cities and Companies that have no jurisdiction have leave to make certaine orders for themselves which the Highest Power after examination past upon them approves and ratifies One thing more we will not omit which perteins also to the manner of using the Right we treat of The Highest Power ought to use not only the advise but service of other men and therefore particular affairs lest the multitude of them oppresse the mind of one are to be put off to Courts ordained one above another and the last appeal to be made to the Highest Judgement So in the antient Church under the Christian Emperours there were Presbyteries in Cities there were Synods Metropolitan and Exarchicall and above all the rest Imperiall but of this we shall speak againe hereafter All that we have said here of asking Counsell of contenting the people of inferiour Courts and whatsoever may be added ought not to be esteem'd perpetuall and alwaies profitable for no prudentiall precepts are universall because prudence must have regard to emergent circumstances Times Places Persons make a great alteration here When the matter is clear there is no need of Counsell when dissentions are hot and vehement there is little hope of Consent neither can the proceeding be by degrees when either the matter will not admit delay or the Lower Courts are suspected of injustice by reason of hatred or favour or other impediments of upright dealing In such cases when the ordinary course cannot be observ'd advise must be taken of necessity By the way we must note their errour that distinguish of power absolute and ordinary for they confound the power and the manner of using it As in God the power is one and the same whether he work according to the order appointed by him or beside that order so the power also or the right of the Supreme Governour is the same whether he observe the prescribed order or not but in common accidents it is the part of a wise Ruler to follow the accustomed order and the Positive Laws Laws are made for ordinary cases in cases extraordinary the Highest Power must leave the road and take some unusuall way for cases are infinite order and Law Positive finite and the finite cannot be an adequate Rule of the infinite But although it be the Duty of the Highest Governour in usual affairs to use the ordinary way of Government yet if he doe otherwise he may indeed be said to doe not rightly but not to go beyond his Right The right of the highest Power is not limited by Positive Law for the Right of any man is not limited but by his Superiour and no man is Superiour to
of Synods the hearing of Causes it depends upon the will of the Highest Power from whose Authority it proceeds although in the ordinary way inferiour Courts are not past by yet if those Courts be liable to some suspition or the businesse will not bear delay the Highest Power may call it from them to himself We conclude therefore that which Whitaker and others have written before and the example of Free Cities that without a Synod preserve their Churches doe confirm A Synod is not at all times necessary nor in every case So far from necessary sometimes that it is not profitable for as the parts are such is the whole I will not here repeat the old complaint almost of all ages that the chiefest distempers of the Church have proceeded from the Priests Nazianzen hath said enough where he also renders the principall causes thereof the Ambition and Pride of Church-men nor doth hee speak of Arian Synods only but of all of his time those especially wherein himself was present Therefore saith he have I withdrawn my self and sought for security of mind in rest and solitude This evill will happen if it appear either that the integrity of judgement is hindred by vehement prejudices which often befalls men not malitious or that factions are so prevalent that a farther branch may rather bee expected from the Synod than any testimony of consent I much wonder what came in some mens minds when they said They that accuse another of impiety may be his Judges also in a Synod and that the Right of refusing which hath place in civill affans cannot be extended to Ecclesiasticall For certainly the common Rules which arise out of naturall equity ought to be of force no lesse in Ecclesiasticall than other judgements and I remember Optatus speaking properly of the Ecclesiasticall saith Judges must be sought which are not of either party because judgement is hindred by affection In the Councill of Chalcedon the Judges charge the Legats of the Roman B. they should put off the Judges person if they would be the accusers of Dioscorus And Athanasius would not come unto the Synods wherein 't was manifest the adverse party raigned Such is often the face of things that a Synod may be hurtfull at the present which if you stay awhile and let the mindes of men come to a calme may be called to good purpose Time shall declare saith the Apostle the work that is the doctrine of every one And If any man be otherwise minded God shall reveale the truth In both places shewing there is often need of time that the Truth may be found out and a right judgement given The contrary may also happen that the present evill cannot endure the delay of a Synod and calls for a more compendions remedy Moreover the same causes for which great Assemblies are suspected by the Highest Power may also have place in Synods for as a very learned man hath said It is not lesse Politicall to assemble Bishops than other Orders of men There is the same fear the same danger unlesse they have put off Humane passions when they became Pastors I might reckon up many examples of unhappy Councils as were under Constantine those of Antioch Caesaria and Tyrus the Bishops of which last as the Emperour in his Letters plainly tells them did nothing else but sow divisions and hatred and disturb the Peace of the world Yet I confesse the Church is not in the best condition when Synods cannot be had and therefore all means is to be used that these Assemblies may be retain'd or after long omission restor'd whereby the Church speaks both to her Members and her Governours with most convenience And yet even then when the Highest Power governs without a present Synod it hath the judgement of the Church in former Synods it hath the perpetuall consent of the most famous Doctors which flourished in every Age and Nation it hath the most learned and religious Divines of the time present both domestick and forraign whose opinions are worthy of an equall regard especially in points of Doctrine which is the common study of them all and in respect whereof they have every one a share in the Universall Episcopacy In making Church-Laws the King saith the Bishop of Ely made use of men fit to be advised with men who in reason are esteemed most under standing most able and judicious to answer in such affairs and saith Burhil He was instructed by Ecclesiasticall Councils or in defect of these by Authors for their Faith and skill in these matters most approved Upon the premises we see there are other causes beside the great corruption of Religion in contemplation whereof Synods may or ought sometimes to be omitted and therefore they were not so often granted by the Christian Emperours as they were desired All are Petitioners to your Grace with sighs and tears saith Leo to Theodosius that you would please to command a Synode in Italy Yet he prevailed not yea in vaine did the Right of calling Synods belong unto the Emperours if upon just cause they could not deny to call them It is certaine the Churches which were sick of the Ubiquitarian errour could not be accounted past all hope yet the Electors and Princes to whom the Laws of Germany commend the care of Religion without a Synode by the Counsell of wisemen expelled this disease out of their Dominions and are praised for it by the same persons who will not acknowledge the Right on which alone that Reformation depends The office of a Prince as Zanchius and others with him note partly consists in this that untill a free Councill may be had which cannot be had at all times He command the dissenting parties to use not their own but the tearms of Scripture and forbeare to condemne each other in publick This also pertains to the Right of ruling before a Synode and therefore without a Synode It doth not follow hence that the liberty of judgeing which by Divine right is due to Divines is taken from them for they may also out of Synods deliver their judgement either before the Highest Powers or if it be needfull before others too and they may render the reasons of their judgement out of the word of God The summe is this Synods we confesse are the most usuall help of Governing the Churches yet we hold such time may fall out that Synods may not be profitable and convenient much lesse necessary And our greatest wonder is the boldnesse of some men that maintaine even when the Powers take on them the protection of the Church whether they will or no Synods may lawfully and rightly be assembled Beza was of another mind who hath said Synods are to be called not without the command and favour of the King Junius was of another mind who said 'T is an unjust and dangerous attempt of the Church to hold a generall Assembly without his knowledge
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
the principall after it and befides in some places at this time stipends out of the publick succeed in place of Lands and for all this the right of the Highest Powers remaineth the same it was Therefore by the name of Investiture in the stories of those times is not to be understood a naked sign nor are Kings to be thought so unwise that for a bare rite or Ceremony they would have undertaken so many labours and so many wars but with the sign or by the sign the thing signified must be conceived that is the Collation of Churches Which Collation it is certaine was made two wayes for either the Kings by themselves made Election freely and without the suffrages of any other or else they granted others the right of clecting the right of approving not imaginary but with a liberty to annull the Election being reserved to them selves Both of these Historians comprehend in the name of Investiture Which right remained in the Emperours untill the times of Hildebrand who first laid violent hands upon it Onuphrius Panuinus relating his life He first of all the Roman Bishops attempted to deprive the Emperour not only of the election of the Pope himself which also Adrian the third had sometimes done but of all Authority too whereby he Constituted the other Prelats to wit the Bishops and Abbats The Author here hath rightly explan'd Investiture by the name of Constitution Those two things whereof we said Investiture consisteth that is the power of choosing and the Liberty of refusing if the Bishop were chosen by any other all writers approved for their diligence in this kind have very well distinguished and knit together in the Regall Right Such a liberty of refusing I meane which is not subject to the judgement of another And indeed these Rights both of election and of rejection are of great consequence to maintaine both Church and State but the former of so much the greater moment by how much it is more to oblige the receiver of a benefit than to exclude an enemy Paulus Aemilius when he had declared how that right was extorted from the Emptrour Henry That thing saith he much weakned the Imperiall Majesties in the minds of his people for he was devested of the better half of his Jurisdiction And Onuphrius in the same manner Half his Power was at once taken from the Emperour The same Author elsewhere speaks of Henry the third This most excellent right so he cals Election 〈◊〉 retained with all his might Of the same mind were the Kings that builâ— their power upon the ruines of the Roman Empire To let passe others let us heare if you please the King of England speak himself Henry the first of that name sinaâ— the Conquest granted the Bishoprick of Winchester to William Gifford and presently against the statutes of a new Councill invested him with the possesions perraining to the Bishoprick The same Henry gave the Archbishoprick of Canterbury to Ralf Bishop of London and invested him by the ring and staffe This is that same Henry who in the relation of Westminster by William his procurator constantly alleaged that he would not for the Iâ—sse of his kingdome loose the Investitures of Churehes and affirm'd the same in threatning words Away with the unlearned Interpreters of History who doth not see here that by Investitures is meant the collution of Bishopricks The Parliament Statute also under Edward the third gives plaine evidence for the fame wherein is manifest that the Royall Right to collate Bishopricks was in England more antient then the election of the Clergy And Historics doe give their testimony too which declare how Bishopricks were collated by Etheldred and the most antient Kings seven hundred yeers agoe Afterward elections were granted to the Clergy under two conditions which were observ'd likewise in Franses that licence to elect were first obtained and the clection made were submiâ—â—ed to the Kings pleasure But in the later time the whole election was rendred to the King In our time there is an image of Election in the Chapters the whole force of it is in the King For the Bishoprick being void the King by his Letters containing Licence to elect transmitteth also the name of him whom hee would have elected Bilson Bishop of Winchester discoursing with much diligence upon this Argument in severall places affirmes that which is most true That no particular form of Electing is prescribed by Divine Law and seeing Princes are Heads of the people and both by Divine and Humane right have the charge of all externall and publick administration as well in Sacred as in Civill causes committed to them these reasons necessarily evince that the Elections are also committed to their trust at least if they bee pleased to under take the burthen The same Author saith It is as clear as the Sun that other Princes be side the Roman Emperours since the first profession of Christian faith not only had the Highest Power in Electing Bishops but by their sole Authority Instituted whom they judged worthy of that honour without expecting the suffrages of the Clergy or People I will not adde more examples or testimonies either these are sufficient or nothing is sufficient Whosoever therefore dares to condemn of Sacrilege so many famous Kings some whereof first in their Kingdoms professed the Christian faith some couragiously resisted the Popes ambition some either began or promoted the Churches reformation and among them many renowned for their holinesse and learning whosoever I say dare account them sacrilegious as if in electing Bishops they had violared the Law Divine he shall not have me for an approver of his temerarious judgement Now whereas some in this businesse of Election distinguish the other Pastors from the Bishops because indeed themselves live where no Bishops are this difference comes to nothing For such Pastors although they have this common with mere Presbyters that they are not over others yet have they thus much of Bishops that they are not under other Pastors and so 't is doubtfull whether they may be rather numbred among mere Presbyters or Bishops Moreover seeing Presbytery is contained in Episcopacy they that bestow the Bishoprick do withall bestow the Pastoral cure of a certain place or City somthing more so that the Argumentation rightly proceeds as from the greater to the lesse or rather from the whole to the part 'T is true the antient Emperours Kings mixed themselves but little with the collation of Pastorall offices of inferiour degree the reason was because they thought in reason all that lesser care might be rightly comitted to the Bishops chosen either by themselves or according to their Lawes And therefore in the most antient Canons you shal hardly find anything of the Presbyters election because all that business was at the Bishops dispose as we have shewed before Yet are not examples wanting whereby it may appear that Ecclesiasticall offices of the lesser rank also were
would affirme much lesse could prove that they were known of old Tertullian prescribing against Hereticks among other things declares how much their temerarious inconstant light Ordinations differ from the Rule of the antient Church This day saith he the man is a Presbyter who to morrow is a laick Nothing could be more clearly said to make it appeare that temporary Presbyters were in those times unkown to the Catholick Church It is not say some materiall to the nature of the Office whether it be undertaken for a time or for ever If this be so I may wonder that Pastors also employed in the word and Sacraments are not made Annuall somewhere But if this be absurd whence I pray but because as the gifts of God are without repentance so the Divine Offices were instituted by him for the perpetuall uses of the Church He that hath put his hand to the Plow and looketh back is not sit for the kingdome of God that is for the ministry of the Church Wherefore this very change of Assessors is no light argument that this is an invention of Humane prudence no institution of Law Divine Secondly All the antient Church by the name of Presbyters urder stood no other men but Pastors employed in the word and Sacraments I speak not of the word old men or Seniors and Elders whereby 't is certaine sometimes age sometimes Magistracy is meant but of the Greek word which in the Latine tongue doth alwaies signify the Pastorall dignity and Office and so it doâ—h also in the Greek Authours wheresoever the word Presbyter notes any thing else but age or Magistracy We are not yet come to that place of Paul which belongs rather to the question of Divine Right and of the Elders of the old Testament there will be place to speak hereafter Of so great a number of Fathers of so many volumes of books after so long canvasing of this controversie not so much as one place hath been alleged wherein the Presbyteriall dignity is ascribed to any other than Pastors When yet if there had been two sorts of Presbyters not often but a hundred yea a thousand times mention of them ought to have been made especially in the Canons which describe unto us the whole Government of the Church at least the manner of electing those Presbyters non-Pastors would somewhere shew it self And although the Defendant or he that is on the Negative is not to make proofe yet were it easy to produce infinite places of the Fathers which attribute to all Presbyters the right of feeding the flock of Baptising and exhibiting the Lords body and so far equall all the Presbyters to Bishops and call them the Apostles Successors which also declare the Presbyters punishment was to be remov'd from the Presbytery or for a time to be admitted only to the Communion of the Laicks which farther shew that maintenance was given to every one and a much severer Discipline prescrib'd for them than others Moreover Laws are extant too of the Presbyters Privileges and immunity from Civill Courts and burdens and many other things there are which will not suffer us to acknowledge any Presbyters but Pastors only Some allege a History of the penitentiary Presbyter and sharply reprehend the abrogation of him which yet at other times they like very well when the Popish Confession is opposed But who ever heard of any Penitentiary that was not a Pastor or when did the antients ever believe that the use of the Keys might be separated from the Ministry of the Word and Sacraments Certainly Christ gave the Keys to them to be used to whom he gave power to Preach and to Baptise What God hath joyn'd let no man put a sunder Ambrose of the right of binding and loosing saith This right is permitted only to the Priests and elsewhere Those Keys of the kingdome of Heaven all we Priests have receiv'd in the Blessed Apostle Peter Jerim of these that succeed in the Apostolicall degree They saith he having the Key judge before the day of judgement and in the same place It is no easy matter to stand in the place of Paul to keep the degree of Peter Chrysostome This bond of the Priests tyeth the very soule No man is ignorant that the Fathers by Sacerdotes or Priests doe meane Pastors to whom the Word and Sacraments are entrusted indeed beside the use of the new Testament but not without Authority of Scripture for in Esay God foretelling the calling of the Gentiles by the Gospell saith And I will also take of them the converted Gentiles for Priests and for Levits Wherefore the exercise of the Keys and the Right to absolve penitents according to the judgement of all the Fathers agree to Priests alone that is to Presbyters the Depositaries of the Word and Sacraments Wherefore also these Presbyters who specially attended to the absolving of Penitents are to be thought no other than Priests whom the new Testament stileth Pastors Now as the word Presbyter when it signifies a Function Ecclesiasticall is never found in the Fathers applyed to other than Pastors so neither is the Latine word Seniors Tertullian speaking of the use of the Keys judgement is given saith he with great Gravity as in the presence of God and it is a very great prejudgement of the future judgement if any one hath so affended as to be excluded from Common Prayer and the Assembly and all holy commerce The most approved Seniors are the Presidents having obtained the honour by testimony not by price for no Divine thing is set to sale That in those times Presbyteries consisted only of Pastors Calvin himself confesseth wherefore Tertullian putting the Greek word into Latine cals them Seniors who had the power of the Keys For in Greek they are call'd Presbyters which word in its primary signification expressing age was after transferred to Civill Dignities and last of all to Ecclesiasticall Let all the Acts of Synods that ever were bee read quite thorough there will be found no Seniors that were not Pastors Moreover the word major natu or Elder which seemeth proper to age began to be applyed to Pastors in imitation of the Greek word Firmilian Bishop of Cesarea The Majors are the Presidents in the Church who have also the power to Baptise and to impose hands and to ordaine He hath given sufficient caution to understand no other then the Pastors So then the words Presbyter Senior Major have a threefold signification noting First age Secondly Magistracy Thirdly Priesthood Nor only was the name of Seniors common to Magistrats and Pastors but the Assembly of Presbyters the Presbytery which Ignatius calls the Sacred System Jerom bath translated Senate The Church hath a Senate the Assembly of Presbyters that is of those Presbyters who at the beginning saith he were equall to the Bishops and by whose Counsell the Church was governed Tertullian by such another Metaphor stiles the Clergy an Ordo or State The Difference
such labours not vulgar Paul saith he approved himself the Minister of God for explication whereof he addes painfulnesse hunger thirst watchings and all kinds of incommodities Christ in his Epistle to the Bishop of Ephesus having said I know thy works addeth as somewhat greater and thy labour Paul againe oft-times attributes to himself to labour and the same to certaine holy Women which renouncing the world went up and down for the service of the Gospell To these Presbyters then who care for nothing but the Gospel and for its sake expose themselves to all distresses reason it self will dictate somewhat more to be due than to the rest So also Paul to the Thessal ascribeth to rule and to labour unto the same persons We beseech you brethren to know them which labour among you and rule over you in the Lord and admonish you And to esteeme them very highly in love for their works sake All the error of the new Interpreters ariseth hence that they think in the word and Doctrine is to be pronounc'd emphatically when the Emphasis is in labour for explication whereof is added in the word and Doctrine Such another hallucination is theirs who in the words of Paul to the Cor. where he discourses of the Supper Let a man examine himself they urge the word himself when the Emphasis is not there but in the word examine nor is himself put distinctively but declaratively Moreover that clause in the word and Doctrine could not so well be joyned with the first part of the sentence as the second because it hath very fit coherence with labour not so with rule I will give you like forms of speech which no man will charge with unaptnesse Masters that bring up youth are profitable to the Common-wealth they especially that attend this one thing night and day to make their Scholars good proficients both in vertue and learning Physicians who cure the Body are to be had in great esteeme They above therest who with no lesse affection than pains doe their utmost endeavour to preserve or restore our health Compare the thread of Pauls discourse herewith you will see all to be even and square Other places that are wont to be alleged are more frigid and vanish of their own accord Rom. 12. Divers gifts and according to the measure of gifts divers actions are reckoned up but such as doe not yet make divers Functions As the same may be He that giveth and He that sheweth mercy So nothing hinders Him that exhorteth and Him that ruleth to be the same For out of the two places already produced it is manifest that to rule is attributed to Pastors as also to guide Heb. 13.7 Likewise to the Corinth not only divers Functions are enumerated but also many gifts which meet in the same Function As therefore miracles and gifts of healing doe not make divers Functions so neither doe Helps and Governments but all these are aids and ornaments of the Pastorall Office Thus far we have endeavoured to make it appeare that the Adsession we speak of is not by Divine precept The fruit of which determination is that we entertain no worse opinion of the antient Churches than is meet nor of the late reformed who make no use of those Adsessors Now on the other side what we conceive may be said for that Office shall fairly be produced First That Office might lawfully be instituted either by the Highest Power being Christian only the Church where the Highest Power either car'd not for the Church or granted leave to doe it For seeing it hath the Highest inspection over all the actions of Pastors as the Custos of both Tables nor can it execute all things by it self it was lawfull to delegate some who in its name might be among the Presbyters with that right which the Highest Power was pleased to communicate unto them Which by that that shall be handled in the next Chapter shall be made more manifest The Church also is not interdicted by Divine Law to institute Offices making for the conservation of order and for edification and it hath that liberty remaining untill it be circumscribed by some Law of the Highest Power These things need no proof for they shine by their own light and no Divine Law can be shewed to the contrary Secondly Some passages may be found in Holy Scriptures whereby it may appeare this institution is not displeasing unto God I prove it first in respect of the Highest Power by the constitution of the Judaical Synedry wherein with the Priests there sate men chosen out of the people preposed truly to Civill affairs but to Sacred too as hath bin shew'd afore Wherefoâ—â— when out of the new Testament on the contrary part nothing is alleged hence we doe rightly collect that Jurisdiction in Sacred things that is publick judgement and joyned with command may be committed to some of the people with the Pastors especially if the better part be deferred to the Pastors as in Sacred things greater was the Authority of Amariah the Priest then of Zebadiah the Ruler By the same argument is rightly defended the Ecclesiasticall Senate which by the Commission of the Elector Palatine rules the Church affairs with command and consisteth partly of Pastors partly of pious Magistrats In respect of the Church also the same is thus made good It was lawfull for the Corinthian Church even without the Apostles Authority for the Apostle reprehends the Corinthians for not doing that which now he chargeth them to doe to constitute in the Church some to determine private controversies If so much was lawfull to the Church for avoyding of contentions why might not as much be lawfull for avoyding of the mischief of Oligarchy Besides it is oft times expedient that the whole multitude of believers be consulted in the Church affairs as above we have shewed why may not then the Church adjoyn some unto the Pastors who may consider this at what time it is needfull that the Church be consulted It was also lawfull for the Church to make choice of some who might in their name carry and dispose of their mony wherefore seeing the Pastors have inspection over the Deacons the Church may for this purpose joyn some associats to the Pastors Lest any should blame them in their Administration of the Churches benevolence that I may speak with the Apostle Lastly it was lawfull for the Antiochian Church to delegate some out of their Company to be present at the Debate of the Apostles and Presbytery of Jerusalem by whose testimony they might be assured all was there done according to Gods word and without partiality Thirdly Examples in pious Antiquity are not wanting which if not wholy Consonant yet come very near unto this custome On the part of the Highest Powers it is most evident the Emperours appointed Senators and Judges to sit in Synods Inspectors and moderators of their actions Nor