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Chapter XLII: Of Power Ecclesiasticall (2)

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The Judiciall Law, that is to say, the Laws that God prescribed to the Magistrates of Israel, for the rule of their administration of Justice, and of the Sentences, or Judgments they should pronounce, in Pleas between man and man; and the Leviticall Law, that is to say, the rule that God prescribed touching the Rites and Ceremonies of the Priests and Levites, were all delivered to them by Moses onely; and therefore also became Lawes, by vertue of the same promise of obedience to Moses. Whether these laws were then written, or not written, but dictated to the People by Moses (after his forty dayes being with God in the Mount) by word of mouth, is not expressed in the Text; but they were all positive Laws, and equivalent to holy Scripture, and made Canonicall by Moses the Civill Soveraign.

The Second Law

After the Israelites were come into the Plains of Moab over against Jericho, and ready to enter into the land of Promise, Moses to the former Laws added divers others; which therefore are called Deuteronomy: that is, Second Laws. And are (as it is written, Deut. 29.1.) "The words of a Covenant which the Lord commanded Moses to make with the Children of Israel, besides the Covenant which he made with them in Horeb." For having explained those former Laws, in the beginning of the Book of Deuteronomy, he addeth others, that begin at the 12. Cha. and continue to the end of the 26. of the same Book. This Law (Deut. 27.1.) they were commanded to write upon great stones playstered over, at their passing over Jordan: This Law also was written by Moses himself in a Book; and delivered into the hands of the "Priests, and to the Elders of Israel," (Deut. 31.9.) and commanded (ve. 26.) "to be put in the side of the Arke;" for in the Ark it selfe was nothing but the Ten Commandements. This was the Law, which Moses (Deuteronomy 17.18.) commanded the Kings of Israel should keep a copie of: And this is the Law, which having been long time lost, was found again in the Temple in the time of Josiah, and by his authority received for the Law of God. But both Moses at the writing, and Josiah at the recovery thereof, had both of them the Civill Soveraignty. Hitherto therefore the Power of making Scripture Canonicall, was in the Civill Soveraign.

Besides this Book of the Law, there was no other Book, from the time of Moses, till after the Captivity, received amongst the Jews for the Law of God. For the Prophets (except a few) lived in the time of the Captivity it selfe; and the rest lived but a little before it; and were so far from having their Prophecies generally received for Laws, as that their persons were persecuted, partly by false Prophets, and partly by the Kings which were seduced by them. And this Book it self, which was confirmed by Josiah for the Law of God, and with it all the History of the Works of God, was lost in the Captivity, and sack of the City of Jerusalem, as appears by that of 2 Esdras 14.21. "Thy Law is burnt; therefor no man knoweth the things that are done of thee, of the works that shall begin." And before the Captivity, between the time when the Law was lost, (which is not mentioned in the Scripture, but may probably be thought to be the time of Rehoboam, when Shishak King of Egypt took the spoils of the Temple,(1 Kings 14.26.)) and the time of Josiah, when it was found againe, they had no written Word of God, but ruled according to their own discretion, or by the direction of such, as each of them esteemed Prophets.

The Old Testament, When Made Canonicall

From whence we may inferre, that the Scriptures of the Old Testament, which we have at this day, were not Canonicall, nor a Law unto the Jews, till the renovation of their Covenant with God at their return from the Captivity, and restauration of their Common-wealth under Esdras. But from that time forward they were accounted the Law of the Jews, and for such translated into Greek by Seventy Elders of Judaea, and put into the Library of Ptolemy at Alexandria, and approved for the Word of God. Now seeing Esdras was the High Priest, and the High Priest was their Civill Soveraigne, it is manifest, that the Scriptures were never made Laws, but by the Soveraign Civill Power.

The New Testament Began To Be Canonicall Under Christian Soveraigns By the Writings of the Fathers that lived in the time before that Christian Religion was received, and authorised by Constantine the Emperour, we may find, that the Books wee now have of the New Testament, were held by the Christians of that time (except a few, in respect of whose paucity the rest were called the Catholique Church, and others Haeretiques) for the dictates of the Holy Ghost; and consequently for the Canon, or Rule of Faith: such was the reverence and opinion they had of their Teachers; as generally the reverence that the Disciples bear to their first Masters, in all manner of doctrine they receive from them, is not small. Therefore there is no doubt, but when S. Paul wrote to the Churches he had converted; or any other Apostle, or Disciple of Christ, to those which had then embraced Christ, they received those their Writings for the true Christian Doctrine. But in that time, when not the Power and Authority of the Teacher, but the Faith of the Hearer caused them to receive it, it was not the Apostles that made their own Writings Canonicall, but every Convert made them so to himself.

But the question here, is not what any Christian made a Law, or Canon to himself, (which he might again reject, by the same right he received it;) but what was so made a Canon to them, as without injustice they could not doe any thing contrary thereunto. That the New Testament should in this sense be Canonicall, that is to say, a Law in any place where the Law of the Common-wealth had not made it so, is contrary to the nature of a Law. For a Law, (as hath been already shewn) is the Commandement of that Man, or Assembly, to whom we have given Soveraign Authority, to make such Rules for the direction of our actions, as hee shall think fit; and to punish us, when we doe any thing contrary to the same. When therefore any other man shall offer unto us any other Rules, which the Soveraign Ruler hath not prescribed, they are but Counsell, and Advice; which, whether good, or bad, hee that is counselled, may without injustice refuse to observe, and when contrary to the Laws already established, without injustice cannot observe, how good soever he conceiveth it to be. I say, he cannot in this case observe the same in his actions, nor in his discourse with other men; though he may without blame beleeve the his private Teachers, and wish he had the liberty to practise their advice; and that it were publiquely received for Law. For internall faith is in its own nature invisible, and consequently exempted from all humane jurisdiction; whereas the words, and actions that proceed from it, as breaches of our Civil obedience, are injustice both before God and Man. Seeing then our Saviour hath denyed his Kingdome to be in this world, seeing he hath said, he came not to judge, but to save the world, he hath not subjected us to other Laws than those of the Common-wealth; that is, the Jews to the Law of Moses, (which he saith (Mat. 5.) he came not to destroy, but to fulfill,) and other Nations to the Laws of their severall Soveraigns, and all men to the Laws of Nature; the observing whereof, both he himselfe, and his Apostles have in their teaching recommended to us, as a necessary condition of being admitted by him in the last day into his eternall Kingdome, wherein shall be Protection, and Life everlasting. Seeing then our Saviour, and his Apostles, left not new Laws to oblige us in this world, but new Doctrine to prepare us for the next; the Books of the New Testament, which containe that Doctrine, untill obedience to them was commanded, by them that God hath given power to on earth to be Legislators, were not obligatory Canons, that is, Laws, but onely good, and safe advice, for the direction of sinners in the way to salvation, which every man might take, and refuse at his owne perill, without injustice.

Again, our Saviour Christs Commission to his Apostles, and Disciples, was to Proclaim his Kingdome (not present, but) to come; and to Teach all Nations; and to Baptize them that should beleeve; and to enter into the houses of them that should receive them; and where they were not received, to shake off the dust of their feet against them; but not to call for fire from heaven to destroy them, nor to compell them to obedience by the Sword. In all which there is nothing of Power, but of Perswasion. He sent them out as Sheep unto Wolves, not as Kings to their Subjects. They had not in Commission to make Laws; but to obey, and teach obedience to Laws made; and consequently they could not make their Writings obligatory Canons, without the help of the Soveraign Civill Power. And therefore the Scripture of the New Testament is there only Law, where the lawfull Civill Power hath made it so. And there also the King, or Soveraign, maketh it a Law to himself; by which he subjecteth himselfe, not to the Doctor, or Apostle, that converted him, but to God himself, and his Son Jesus Christ, as immediately as did the Apostles themselves.

Of The Power Of Councells To Make The Scripture Law

That which may seem to give the New Testament, in respect of those that have embraced Christian Doctrine, the force of Laws, in the times, and places of persecution, is the decrees they made amongst themselves in their Synods. For we read (Acts 15.28.) the stile of the Councell of the Apostles, the Elders, and the whole Church, in this manner, "It seemed good to the Holy Ghost, and to us, to lay upon you no greater burthen than these necessary things, &C." which is a stile that signifieth a Power to lay a burthen on them that had received their Doctrine. Now "to lay a burthen on another," seemeth the same that "to oblige;" and therefore the Acts of that Councell were Laws to the then Christians. Neverthelesse, they were no more Laws than are these other Precepts, "Repent, Be Baptized; Keep the Commandements; Beleeve the Gospel; Come unto me; Sell all that thou hast; Give it to the poor;" and "Follow me;" which are not Commands, but Invitations, and Callings of men to Christianity, like that of Esay 55.1. "Ho, every man that thirsteth, come yee to the waters, come, and buy wine and milke without money." For first, the Apostles power was no other than that of our Saviour, to invite men to embrace the Kingdome of God; which they themselves acknowledged for a Kingdome (not present, but) to come; and they that have no Kingdome, can make no Laws. And secondly, if their Acts of Councell, were Laws, they could not without sin be disobeyed. But we read not any where, that they who received not the Doctrine of Christ, did therein sin; but that they died in their sins; that is, that their sins against the Laws to which they owed obedience, were not pardoned. And those Laws were the Laws of Nature, and the Civill Laws of the State, whereto every Christian man had by pact submitted himself. And therefore by the Burthen, which the Apostles might lay on such as they had converted, are not to be understood Laws, but Conditions, proposed to those that sought Salvation; which they might accept, or refuse at their own perill, without a new sin, though not without the hazard of being condemned, and excluded out of the Kingdome of God for their sins past. And therefore of Infidels, S. John saith not, the wrath of God shall "come" upon them, but "the wrath of God remaineth upon them;" and not that they shall be condemned; but that "they are condemned already."(John 3.36, 3.18) Nor can it be conceived, that the benefit of Faith, "is Remission of sins" unlesse we conceive withall, that the dammage of Infidelity, is "the Retention of the same sins."

But to what end is it (may some man aske), that the Apostles, and other Pastors of the Church, after their time, should meet together, to agree upon what Doctrine should be taught, both for Faith and Manners, if no man were obliged to observe their Decrees? To this may be answered, that the Apostles, and Elders of that Councell, were obliged even by their entrance into it, to teach the Doctrine therein concluded, and decreed to be taught, so far forth, as no precedent Law, to which they were obliged to yeeld obedience, was to the contrary; but not that all other Christians should be obliged to observe, what they taught. For though they might deliberate what each of them should teach; yet they could not deliberate what others should do, unless their Assembly had had a Legislative Power; which none could have but Civill Soveraigns. For though God be the Soveraign of all the world, we are not bound to take for his Law, whatsoever is propounded by every man in his name; nor any thing contrary to the Civill Law, which God hath expressely commanded us to obey.

Seeing then the Acts of Councell of the Apostles, were then no Laws, but Councells; much lesse are Laws the Acts of any other Doctors, or Councells since, if assembled without the Authority of the Civill Soveraign. And consequently, the Books of the New Testament, though most perfect Rules of Christian Doctrine, could not be made Laws by any other authority then that of Kings, or Soveraign Assemblies.

The first Councell, that made the Scriptures we now have, Canon, is not extant: For that Collection the first Bishop of Rome after S. Peter, is subject to question: For though the Canonicall books bee there reckoned up; yet these words, "Sint vobis omnibus Clericis & Laicis Libris venerandi, &c." containe a distinction of Clergy, and Laity, that was not in use so neer St. Peters time. The first Councell for setling the Canonicall Scripture, that is extant, is that of Laodicea, Can. 59. which forbids the reading of other Books then those in the Churches; which is a Mandate that is not addressed to every Christian, but to those onely that had authority to read any publiquely in the Church; that is, to Ecclesiastiques onely.

Of The Right Of Constituting Ecclesiasticall Officers In The Time Of The Apostles

Of Ecclesiastical Officers in the time of the Apostles, some were Magisteriall, some Ministeriall. Magisteriall were the Offices of preaching of the Gospel of the Kingdom of God to Infidels; of administring the Sacraments, and Divine Service; and of teaching the Rules of Faith and Manners to those that were converted. Ministeriall was the Office of Deacons, that is, of them that were appointed to the administration of the secular necessities of the Church, at such time as they lived upon a common stock of mony, raised out of the voluntary contributions of the faithfull.

Amongst the Officers Magisteriall, the first, and principall were the Apostles; whereof there were at first but twelve; and these were chosen and constituted by our Saviour himselfe; and their Office was not onely to Preach, Teach, and Baptize, but also to be Martyrs, (Witnesses of our Saviours Resurrection.) This Testimony, was the specificall, and essentiall mark; whereby the Apostleship was distinguished from other Magistracy Ecclesiasticall; as being necessary for an Apostle, either to have seen our Saviour after his Resurrection, or to have conversed with him before, and seen his works, and other arguments of his Divinity, whereby they might be taken for sufficient Witnesses. And therefore at the election of a new Apostle in the place of Judas Iscariot, S. Peter saith (Acts 1.21,22.) "Of these men that have companyed with us, all the time that the Lord Jesus went in and out among us, beginning from the Baptisme of John unto that same day that he was taken up from us, must one be ordained to be a Witnesse with us of his Resurrection:" where, by this word Must, is implyed a necessary property of an Apostle, to have companyed with the first and prime Apostles in the time that our Saviour manifested himself in the flesh.

Matthias Made Apostle By The Congregation.

The first Apostle, of those which were not constituted by Christ in the time he was upon the Earth, was Matthias, chosen in this manner: There were assembled together in Jerusalem about 120 Christians (Acts 1.15.) These appointed two, Joseph the Just, and Matthias (ver. 23.) and caused lots to be drawn; "and (ver. 26.) the Lot fell on Matthias and he was numbred with the Apostles." So that here we see the ordination of this Apostle, was the act of the Congregation, and not of St. Peter, nor of the eleven, otherwise then as Members of the Assembly.

Paul And Barnabas Made Apostles By The Church Of Antioch

After him there was never any other Apostle ordained, but Paul and Barnabas, which was done (as we read Acts 13.1,2,3.) in this manner. "There were in the Church that was at Antioch, certaine Prophets, and Teachers; as Barnabas, and Simeon that was called Niger, and Lucius of Cyrene, and Manaen; which had been brought up with Herod the Tetrarch, and Saul. As they ministred unto the Lord, and fasted, the Holy Ghost said, ‘Separate mee Barnabas, and Saul for the worke whereunto I have called them.’ And when they had fasted, and prayed, and laid their hands on them, they sent them away."

By which it is manifest, that though they were called by the Holy Ghost, their Calling was declared unto them, and their Mission authorized by the particular Church of Antioch. And that this their calling was to the Apostleship, is apparent by that, that they are both called (Acts 14.14.) Apostles: And that it was by vertue of this act of the Church of Antioch, that they were Apostles, S. Paul declareth plainly (Rom. 1.1.) in that hee useth the word, which the Holy Ghost used at his calling: For he stileth himself, "An Apostle separated unto the Gospel of God;" alluding to the words of the Holy Ghost, "Separate me Barnabas and Saul, &c." But seeing the work of an Apostle, was to be a Witnesse of the Resurrection of Christ, and man may here aske, how S. Paul that conversed not with our Saviour before his passion, could know he was risen. To which it is easily answered, that our Saviour himself appeared to him in the way to Damascus, from Heaven, after his Ascension; "and chose him for a vessell to bear his name before the Gentiles, and Kings, and Children of Israel;" and consequently (having seen the Lord after his passion) was a competent Witnesse of his Resurrection: And as for Barnabas, he was a Disciple before the Passion. It is therefore evident that Paul, and Barnabas were Apostles; and yet chosen, and authorized (not by the first Apostles alone, but) by the Church of Antioch; as Matthias was chosen, and authorized by the Church of Jerusalem.

What Offices In The Church Are Magisteriall

Bishop, a word formed in our language, out of the Greek Episcopus, signifieth an overseer, or Superintendent of any businesse, and particularly a Pastor or Shepherd; and thence by metaphor was taken, not only amongst the Jews that were originally Shepherds, but also amongst the Heathen, to signifie the Office of a King, or any other Ruler, or Guide of People, whether he ruled by Laws, or Doctrine. And so the Apostles were the first Christian Bishops, instituted by Christ himselfe: in which sense the Apostleship of Judas is called (Acts 1.20.) his Bishoprick. And afterwards, when there were constituted Elders in the Christian Churches, with charge to guide Christs flock by their doctrine, and advice; these Elders were also called Bishops. Timothy was an Elder (which word Elder, in the New Testament is a name of Office, as well as of Age;) yet he was also a Bishop. And Bishops were then content with the Title of Elders. Nay S. John himselfe, the Apostle beloved of our Lord, beginneth his Second Epistle with these words, "The Elder to the Elect Lady." By which it is evident, that Bishop, Pastor, Elder, Doctor, that is to say, Teacher, were but so many divers names of the same Office in the time of the Apostles. For there was then no government by Coercion, but only by Doctrine, and Perswading. The Kingdome of God was yet to come, in a new world; so that there could be no authority to compell in any Church, till the Common-wealth had embraced the Christian Faith; and consequently no diversity of Authority, though there were diversity of Employments.

Besides these Magisteriall employments in the Church, namely Apostles, Bishops, Elders, Pastors, and Doctors, whose calling was to proclaim Christ to the Jews, and Infidels, and to direct, and teach those that beleeved we read in the New Testament of no other. For by the names of Evangelists and Prophets, is not signified any Office, but severall Gifts, by which severall men were profitable to the Church: as Evangelists, by writing the life and acts of our Saviour; such as were S. Matthew and S. John Apostles, and S. Marke and S. Luke Disciples, and whosoever else wrote of that subject, (as S. Thomas, and S. Barnabas are said to have done, though the Church have not received the Books that have gone under their names:) and as Prophets, by the gift of interpreting the Old Testament; and sometimes by declaring their speciall Revelations to the Church. For neither these gifts, nor the gifts of Languages, nor the gift of Casting out Devils, or of Curing other diseases, nor any thing else did make an Officer in the Church, save onely the due calling and election to the charge of Teaching.

Ordination Of Teachers

As the Apostles, Matthias, Paul, and Barnabas, were not made by our Saviour himself, but were elected by the Church, that is, by the Assembly of Christians; namely, Matthias by the Church of Jerusalem, and Paul, and Barnabas by the Church of Antioch; so were also the Presbyters, and Pastors in other Cities, elected by the Churches of those Cities. For proof whereof, let us consider, first, how S. Paul proceeded in the Ordination of Presbyters, in the Cities where he had converted men to the Christian Faith, immediately after he and Barnabas had received their Apostleship. We read (Acts 14.23.) that "they ordained Elders in every Church;" which at first sight may be taken for an Argument, that they themselves chose, and gave them their authority: But if we consider the Originall text, it will be manifest, that they were authorized, and chosen by the Assembly of the Christians of each City. For the words there are, "cheirotonesantes autoispresbuterous kat ekklesian," that is, "When they had Ordained them Elders by the Holding up of Hands in every Congregation." Now it is well enough known, that in all those Cities, the manner of choosing Magistrates, and Officers, was by plurality of suffrages; and (because the ordinary way of distinguishing the Affirmative Votes from the Negatives, was by Holding up of Hands) to ordain an Officer in any of the Cities, was no more but to bring the people together, to elect them by plurality of Votes, whether it were by plurality of elevated hands, or by plurality of voices, or plurality of balls, or beans, or small stones, of which every man cast in one, into a vessell marked for the Affirmative, or Negative; for divers Cities had divers customes in that point. It was therefore the Assembly that elected their own Elders: the Apostles were onely Presidents of the Assembly to call them together for such Election, and to pronounce them Elected, and to give them the benediction, which now is called Consecration. And for this cause they that were Presidents of the Assemblies, as (in the absence of the Apostles) the Elders were, were called proestotes, and in Latin Antistities; which words signifie the Principall Person of the Assembly, whose office was to number the Votes, and to declare thereby who was chosen; and where the Votes were equall, to decide the matter in question, by adding his own; which is the Office of a President in Councell. And (because all the Churches had their Presbyters ordained in the same manner,) where the word is Constitute, (as Titus 1.5.) "ina katasteses kata polin presbuterous," "For this cause left I thee in Crete, that thou shouldest constitute Elders in every City," we are to understand the same thing; namely, that hee should call the faithfull together, and ordain them Presbyters by plurality of suffrages. It had been a strange thing, if in a Town, where men perhaps had never seen any Magistrate otherwise chosen then by an Assembly, those of the Town becomming Christians, should so much as have thought on any other way of Election of their Teachers, and Guides, that is to say, of their Presbyters, (otherwise called Bishops,) then this of plurality of suffrages, intimated by S. Paul (Acts 14.23.) in the word Cheirotonesantes: Nor was there ever any choosing of Bishops, (before the Emperors found it necessary to regulate them in order to the keeping of the peace amongst them,) but by the Assemblies of the Christians in every severall Town.

The same is also confirmed by the continuall practise even to this day, in the Election of the Bishops of Rome. For if the Bishop of any place, had the right of choosing another, to the succession of the Pastorall Office, in any City, at such time as he went from thence, to plant the same in another place; much more had he had the Right, to appoint his successour in that place, in which he last resided and dyed: And we find not, that ever any Bishop of Rome appointed his successor. For they were a long time chosen by the People, as we may see by the sedition raised about the Election, between Damascus, and Ursinicus; which Ammianus Marcellinus saith was so great, that Juventius the Praefect, unable to keep the peace between them, was forced to goe out of the City; and that there were above an hundred men found dead upon that occasion in the Church it self. And though they afterwards were chosen, first, by the whole Clergy of Rome, and afterwards by the Cardinalls; yet never any was appointed to the succession by his predecessor. If therefore they pretended no right to appoint their successors, I think I may reasonably conclude, they had no right to appoint the new power; which none could take from the Church to bestow on them, but such as had a lawfull authority, not onely to Teach, but to Command the Church; which none could doe, but the Civill Soveraign.

Ministers Of The Church What

The word Minister in the Originall Diakonos signifieth one that voluntarily doth the businesse of another man; and differeth from a Servant onely in this, that Servants are obliged by their condition, to what is commanded them; whereas Ministers are obliged onely by their undertaking, and bound therefore to no more than that they have undertaken: So that both they that teach the Word of God, and they that administer the secular affairs of the Church, are both Ministers, but they are Ministers of different Persons. For the Pastors of the Church, called (Acts 6.4.) "The Ministers of the Word," are Ministers of Christ, whose Word it is: But the Ministery of a Deacon, which is called (verse 2. of the same Chapter) "Serving of Tables," is a service done to the Church, or Congregation: So that neither any one man, nor the whole Church, could ever of their Pastor say, he was their Minister; but of a Deacon, whether the charge he undertook were to serve tables, or distribute maintenance to the Christians, when they lived in each City on a common stock, or upon collections, as in the first times, or to take a care of the House of Prayer, or of the Revenue, or other worldly businesse of the Church, the whole Congregation might properly call him their Minister.

For their employment, as Deacons, was to serve the Congregation; though upon occasion they omitted not to preach the Gospel, and maintain the Doctrine of Christ, every one according to his gifts, as S. Steven did; and both to Preach, and Baptize, as Philip did: For that Philip, which (Act. 8. 5.) Preached the Gospel at Samaria, and (verse 38.) Baptized the Eunuch, was Philip the Deacon, not Philip the Apostle. For it is manifest (verse 1.) that when Philip preached in Samaria, the Apostles were at Jerusalem, and (verse 14.) "When they heard that Samaria had received the Word of God, sent Peter and John to them;" by imposition of whose hands, they that were Baptized (verse 15.) received (which before by the Baptisme of Philip they had not received) the Holy Ghost. For it was necessary for the conferring of the Holy Ghost, that their Baptisme should be administred, or confirmed by a Minister of the Word, not by a Minister of the Church. And therefore to confirm the Baptisme of those that Philip the Deacon had Baptized, the Apostles sent out of their own number from Jerusalem to Samaria, Peter, and John; who conferred on them that before were but Baptized, those graces that were signs of the Holy Spirit, which at that time did accompany all true Beleevers; which what they were may be understood by that which S. Marke saith (chap. 16.17.) "These signs follow them that beleeve in my Name; they shall cast out Devills; they shall speak with new tongues; They shall take up Serpents, and if they drink any deadly thing, it shall not hurt them; They shall lay hands on the sick, and they shall recover." This to doe, was it that Philip could not give; but the Apostles could, and (as appears by this place) effectually did to every man that truly beleeved, and was by a Minister of Christ himself Baptized: which power either Christs Ministers in this age cannot conferre, or else there are very few true Beleevers, or Christ hath very few Ministers.

And How Chosen What

That the first Deacons were chosen, not by the Apostles, but by a Congregation of the Disciples; that is, of Christian men of all sorts, is manifest out of Acts 6. where we read that the Twelve, after the number of Disciples was multiplyed, called them together, and having told them, that it was not fit that the Apostles should leave the Word of God, and serve tables, said unto them (verse 3.) "Brethren looke you out among you seven men of honest report, full of the Holy Ghost, and of Wisdome, whom we may appoint over this businesse." Here it is manifest, that though the Apostles declared them elected; yet the Congregation chose them; which also, (verse the fift) is more expressely said, where it is written, that "the saying pleased the multitude, and they chose seven, &c."

Of Ecclesiasticall Revenue, Under The Law Of Moses

Under the Old Testament, the Tribe of Levi were onely capable of the Priesthood, and other inferiour Offices of the Church. The land was divided amongst the other Tribes (Levi excepted,) which by the subdivision of the Tribe of Joseph, into Ephraim and Manasses, were still twelve. To the Tribe of Levi were assigned certain Cities for their habitation, with the suburbs for their cattell: but for their portion, they were to have the tenth of the fruits of the land of their Brethren. Again, the Priests for their maintenance had the tenth of that tenth, together with part of the oblations, and sacrifices. For God had said to Aaron (Numb. 18. 20.) "Thou shalt have no inheritance in their land, neither shalt thou have any part amongst them, I am thy part, and thine inheritance amongst the Children of Israel." For God being then King, and having constituted the Tribe of Levi to be his Publique Ministers, he allowed them for their maintenance, the Publique revenue, that is to say, the part that God had reserved to himself; which were Tythes, and Offerings: and that it is which is meant, where God saith, I am thine inheritance. And therefore to the Levites might not unfitly be attributed the name of Clergy from Kleros, which signifieth Lot, or Inheritance; not that they were heirs of the Kingdome of God, more than other; but that Gods inheritance, was their maintenance. Now seeing in this time God himself was their King, and Moses, Aaron, and the succeeding High Priests were his Lieutenants; it is manifest, that the Right of Tythes, and Offerings was constituted by the Civill Power.

After their rejection of God in the demand of a King, they enjoyed still the same revenue; but the Right thereof was derived from that, that the Kings did never take it from them: for the Publique Revenue was at the disposing of him that was the Publique Person; and that (till the Captivity) was the King. And again, after the return from the Captivity, they paid their Tythes as before to the Priest. Hitherto therefore Church Livings were determined by the Civill Soveraign.

In Our Saviours Time, And After

Of the maintenance of our Saviour, and his Apostles, we read onely they had a Purse, (which was carried by Judas Iscariot;) and, that of the Apostles, such as were Fisher-men, did sometimes use their trade; and that when our Saviour sent the Twelve Apostles to Preach, he forbad them "to carry Gold, and Silver, and Brasse in their purses, for that the workman is worthy of his hire:" (Mat. 10. 9,10.) By which it is probable, their ordinary maintenance was not unsuitable to their employment; for their employment was (ver. 8.) "freely to give, because they had freely received;" and their maintenance was the Free Gift of those that beleeved the good tyding they carryed about of the coming of the Messiah their Saviour. To which we may adde, that which was contributed out of gratitude, by such as our Saviour had healed of diseases; of which are mentioned "Certain women (Luke 8. 2,3.) which had been healed of evill spirits and infirmities; Mary Magdalen, out of whom went seven Devills; and Joanna the wife of Chuza, Herods Steward; and Susanna, and many others, which ministred unto him of their substance.

After our Saviours Ascension, the Christians of every City lived in Common, (Acts 4. 34.) upon the mony which was made of the sale of their lands and possessions, and laid down at the feet of the Apostles, of good will, not of duty; for "whilest the Land remained (saith S. Peter to Ananias Acts 5.4.) was it not thine? and after it was sold, was it not in thy power?" which sheweth he needed not to have saved his land, nor his money by lying, as not being bound to contribute any thing at all, unlesse he had pleased. And as in the time of the Apostles, so also all the time downward, till after Constantine the Great, we shall find, that the maintenance of the Bishops, and Pastors of the Christian Church, was nothing but the voluntary contribution of them that had embraced their Doctrine. There was yet no mention of Tythes: but such was in the time of Constantine, and his Sons, the affection of Christians to their Pastors, as Ammianus Marcellinus saith (describing the sedition of Damasus and Ursinicus about the Bishopricke,) that it was worth their contention, in that the Bishops of those times by the liberality of their flock, and especially of Matrons, lived splendidly, were carryed in Coaches, and sumptuous in their fare and apparell.

The Ministers Of The Gospel Lived On The Benevolence Of Their Flocks But here may some ask, whether the Pastor were then bound to live upon voluntary contribution, as upon almes, "For who (saith S. Paul 1 Cor. 9. 7.) goeth to war at his own charges? or who feedeth a flock, and eatheth not of the milke of the flock?" And again, (1 Cor. 9. 13.) "Doe ye not know that they which minister about holy things, live of the things of the Temple; and they which wait at the Altar, partake with the Altar;" that is to say, have part of that which is offered at the Altar for their maintenance? And then he concludeth, "Even so hath the Lord appointed, that they which preach the Gospel should live of the Gospel. From which place may be inferred indeed, that the Pastors of the Church ought to be maintained by their flocks; but not that the Pastors were to determine, either the quantity, or the kind of their own allowance, and be (as it were) their own Carvers. Their allowance must needs therefore be determined, either by the gratitude, and liberality of every particular man of their flock, or by the whole Congregation. By the whole Congregation it could not be, because their Acts were then no Laws: Therefore the maintenance of Pastors, before Emperours and Civill Soveraigns had made Laws to settle it, was nothing but Benevolence. They that served at the Altar lived on what was offered. In what court should they sue for it, who had no Tribunalls? Or if they had Arbitrators amongst themselves, who should execute their Judgments, when they had no power to arme their Officers? It remaineth therefore, that there could be no certaine maintenance assigned to any Pastors of the Church, but by the whole Congregation; and then onely, when their Decrees should have the force (not onely of Canons, but also) of Laws; which Laws could not be made, but by Emperours, Kings, or other Civill Soveraignes. The Right of Tythes in Moses Law, could not be applyed to the then Ministers of the Gospell; because Moses and the High Priests were the Civill Soveraigns of the people under God, whose Kingdom amongst the Jews was present; whereas the Kingdome of God by Christ is yet to come.

Hitherto hath been shewn what the Pastors of the Church are; what are the points of their Commission (as that they were to Preach, to Teach, to Baptize, to be Presidents in their severall Congregations;) what is Ecclesiasticall Censure, viz. Excommunication, that is to say, in those places where Christianity was forbidden by the Civill Laws, a putting of themselves out of the company of the Excommunicate, and where Christianity was by the Civill Law commanded, a putting the Excommunicate out of the Congregations of Christians; who elected the Pastors and Ministers of the Church, (that it was, the Congregation); who consecrated and blessed them, (that it was the Pastor); what was their due revenue, (that it was none but their own possessions, and their own labour, and the voluntary contributions of devout and gratefull Christians). We are to consider now, what Office those persons have, who being Civill Soveraignes, have embraced also the Christian Faith.

The Civill Soveraign Being A Christian Hath The Right Of Appointing Pastors

And first, we are to remember, that the Right of Judging what Doctrines are fit for Peace, and to be taught the Subjects, is in all Common-wealths inseparably annexed (as hath been already proved cha. 18.) to the Soveraign Power Civill, whether it be in one Man, or in one Assembly of men. For it is evident to the meanest capacity, that mens actions are derived from the opinions they have of the Good, or Evill, which from those actions redound unto themselves; and consequently, men that are once possessed of an opinion, that their obedience to the Soveraign Power, will bee more hurtfull to them, than their disobedience, will disobey the Laws, and thereby overthrow the Common-wealth, and introduce confusion, and Civill war; for the avoiding whereof, all Civill Government was ordained. And therefore in all Common-wealths of the Heathen, the Soveraigns have had the name of Pastors of the People, because there was no Subject that could lawfully Teach the people, but by their permission and authority.

This Right of the Heathen Kings, cannot bee thought taken from them by their conversion to the Faith of Christ; who never ordained, that Kings for beleeving in him, should be deposed, that is, subjected to any but himself, or (which is all one) be deprived of the power necessary for the conservation of Peace amongst their Subjects, and for their defence against foraign Enemies. And therefore Christian Kings are still the Supreme Pastors of their people, and have power to ordain what Pastors they please, to teach the Church, that is, to teach the People committed to their charge.

Again, let the right of choosing them be (as before the conversion of Kings) in the Church, for so it was in the time of the Apostles themselves (as hath been shewn already in this chapter); even so also the Right will be in the Civill Soveraign, Christian. For in that he is a Christian, he allowes the Teaching; and in that he is the Soveraign (which is as much as to say, the Church by Representation,) the Teachers hee elects, are elected by the Church. And when an Assembly of Christians choose their Pastor in a Christian Common-wealth, it is the Soveraign that electeth him, because tis done by his Authority; In the same manner, as when a Town choose their Maior, it is the act of him that hath the Soveraign Power: For every act done, is the act of him, without whose consent it is invalid. And therefore whatsoever examples may be drawn out of History, concerning the Election of Pastors, by the People, or by the Clergy, they are no arguments against the Right of any Civill Soveraign, because they that elected them did it by his Authority.

Seeing then in every Christian Common-wealth, the Civill Soveraign is the Supreme Pastor, to whose charge the whole flock of his Subjects is committed, and consequently that it is by his authority, that all other Pastors are made, and have power to teach, and performe all other Pastorall offices; it followeth also, that it is from the Civill Soveraign, that all other Pastors derive their right of Teaching, Preaching, and other functions pertaining to that Office; and that they are but his Ministers; in the same manner as the Magistrates of Towns, Judges in Courts of Justice, and Commanders of Armies, are all but Ministers of him that is the Magistrate of the whole Common-wealth, Judge of all Causes, and Commander of the whole Militia, which is alwayes the Civill Soveraign. And the reason hereof, is not because they that Teach, but because they that are to Learn, are his Subjects. For let it be supposed, that a Christian King commit the Authority of Ordaining Pastors in his Dominions to another King, (as divers Christian Kings allow that power to the Pope;) he doth not thereby constitute a Pastor over himself, nor a Soveraign Pastor over his People; for that were to deprive himself of the Civill Power; which depending on the opinion men have of their Duty to him, and the fear they have of Punishment in another world, would depend also on the skill, and loyalty of Doctors, who are no lesse subject, not only to Ambition, but also to Ignorance, than any other sort of men. So that where a stranger hath authority to appoint Teachers, it is given him by the Soveraign in whose Dominions he teacheth. Christian Doctors are our Schoolmasters to Christianity; But Kings are Fathers of Families, and may receive Schoolmasters for their Subjects from the recommendation of a stranger, but not from the command; especially when the ill teaching them shall redound to the great and manifest profit of him that recommends them: nor can they be obliged to retain them, longer than it is for the Publique good; the care of which they stand so long charged withall, as they retain any other essentiall Right of the Soveraignty.

The Pastorall Authority Of Soveraigns Only Is De Jure Divino, That Of Other Pastors Is Jure Civili

If a man therefore should ask a Pastor, in the execution of his Office, as the chief Priests and Elders of the people (Mat. 21.23.) asked our Saviour, "By what authority dost thou these things, and who gave thee this authority:" he can make no other just Answer, but that he doth it by the Authority of the Common-wealth, given him by the King, or Assembly that representeth it. All Pastors, except the Supreme, execute their charges in the Right, that is by the Authority of the Civill Soveraign, that is, Jure Civili. But the King, and every other Soveraign executeth his Office of Supreme Pastor, by immediate Authority from God, that is to say, In Gods Right, or Jure Divino. And therefore none but Kings can put into their Titles (a mark of their submission to God onely ) Dei Gratia Rex, &c. Bishops ought to say in the beginning of their Mandates, "By the favour of the Kings Majesty, Bishop of such a Diocesse;" or as Civill Ministers, "In his Majesties Name." For in saying, Divina Providentia, which is the same with Dei Gratia, though disguised, they deny to have received their authority from the Civill State; and sliely slip off the Collar of their Civill Subjection, contrary to the unity and defence of the Common-wealth.

Christian Kings Have Power To Execute All Manner Of Pastoral Function

But if every Christian Soveraign be the Supreme Pastor of his own Subjects, it seemeth that he hath also the Authority, not only to Preach (which perhaps no man will deny;) but also to Baptize, and to Administer the Sacrament of the Lords Supper; and to Consecrate both Temples, and Pastors to Gods service; which most men deny; partly because they use not to do it; and partly because the Administration of Sacraments, and Consecration of Persons, and Places to holy uses, requireth the Imposition of such mens hands, as by the like Imposition successively from the time of the Apostles have been ordained to the like Ministery. For proof therefore that Christian Kings have power to Baptize, and to Consecrate, I am to render a reason, both why they use not to doe it, and how, without the ordinary ceremony of Imposition of hands, they are made capable of doing it, when they will.

There is no doubt but any King, in case he were skilfull in the Sciences, might by the same Right of his Office, read Lectures of them himself, by which he authorizeth others to read them in the Universities. Neverthelesse, because the care of the summe of the businesse of the Common-wealth taketh up his whole time, it were not convenient for him to apply himself in Person to that particular. A King may also if he please, sit in Judgment, to hear and determine all manner of Causes, as well as give others authority to doe it in his name; but that the charge that lyeth upon him of Command and Government, constrain him to bee continually at the Helm, and to commit the Ministeriall Offices to others under him. In the like manner our Saviour (who surely had power to Baptize) Baptized none himselfe, but sent his Apostles and Disciples to Baptize. (John 4.2.) So also S. Paul, by the necessity of Preaching in divers and far distant places, Baptized few: Amongst all the Corinthians he Baptized only Crispus, Cajus, and Stephanus; (1 Cor.1.14,16.) and the reason was, because his principall Charge was to Preach. (1 Cor. 1.17.) Whereby it is manifest, that the greater Charge, (such as is the Government of the Church,) is a dispensation for the lesse. The reason therefore why Christian Kings use not to Baptize, is evident, and the same, for which at this day there are few Baptized by Bishops, and by the Pope fewer.

And as concerning Imposition of Hands, whether it be needfull, for the authorizing of a King to Baptize, and Consecrate, we may consider thus.

Imposition of Hands, was a most ancient publique ceremony amongst the Jews, by which was designed, and made certain, the person, or other thing intended in a mans prayer, blessing, sacrifice, consecration, condemnation, or other speech. So Jacob in blessing the children of Joseph (Gen. 48.14.) "Laid his right Hand on Ephraim the younger, and his left Hand on Manasseh the first born;" and this he did Wittingly (though they were so presented to him by Joseph, as he was forced in doing it to stretch out his arms acrosse) to design to whom he intended the greater blessing. So also in the sacrificing of the Burnt offering, Aaron is commanded (Exod. 29.10.) "to Lay his Hands on the head of the bullock;" and (ver. 15.) "to Lay his Hand on the head of the ramme." The same is also said again, Levit. 1.4. & 8.14. Likewise Moses when he ordained Joshua to be Captain of the Israelites, that is, consecrated him to Gods service, (Numb. 27.23.) "Laid his hands upon him, and gave him his Charge," designing and rendring certain, who it was they were to obey in war. And in the consecration of the Levites (Numb. 8.10.) God commanded that "the Children of Israel should Put their Hands upon the Levites." And in the condemnation of him that had blasphemed the Lord (Levit. 24.14.) God commanded that "all that heard him should Lay their Hands on his head, and that all the Congregation should stone him." And why should they only that heard him, Lay their Hands upon him, and not rather a Priest, Levite, or other Minister of Justice, but that none else were able to design, and demonstrate to the eyes of the Congregation, who it was that had blasphemed, and ought to die? And to design a man, or any other thing, by the Hand to the Eye is lesse subject to mistake, than when it is done to the Eare by a Name.

And so much was this ceremony observed, that in blessing the whole Congregation at once, which cannot be done by Laying on of Hands, yet "Aaron (Levit. 9.22.) did lift up his Hand towards the people when he blessed them." And we read also of the like ceremony of Consecration of Temples amongst the Heathen, as that the Priest laid his Hands on some post of the Temple, all the while he was uttering the words of Consecration. So naturall it is to design any individuall thing, rather by the Hand, to assure the Eyes, than by Words to inform the Eare in matters of Gods Publique service.

This ceremony was not therefore new in our Saviours time. For Jairus (Mark 5.23.) whose daughter was sick, besought our Saviour (not to heal her, but) "to Lay his Hands upon her, that shee might bee healed." And (Matth. 19.13.) "they brought unto him little children, that hee should Put his Hands on them, and Pray."

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LeviathanChapter XLII: Of Power Ecclesiasticall (2)

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