Dispute Against the English-Popish Ceremonies, Part 3 · Chapter 8 · Digression 2
DISGRESSION II.
Of the convocation and moderation of Synods.
TOuching the convocation of Synods, wee resolve with lDisp. 49. thes. 20.the Professours of Leiden; that if a Prince doe so much as tollerat the order and regiment of the Church to be pubpublike, his consent and auctority should be craved, & he may also designe the time, place, and other circumstances. mIb. Thes. 21.But much more, if he be a Christian and Orthodoxe Prince, should his consent, auctority, help, protection, & saffeguard be sought & graunted. nThes. 22.And that according to the example, both of godly Kings in the old Testament, and of Christian Emperours and Kings 111 the New. oThes. 23.Chiefly then, and justly, the Magistrat may and ought to urge and require Synodes, when they of the Ecclesiasticall order cease from doing their duty. pThes. 24.Veruntamen si contra, &c. Neverthelesse say they, if contrarywise, the Magistrat be an enemy and persecuter of the Church, and of true Religion, or cease to doe his duty, that is to wit, in a manifest danger of the Church, the Church notwithstanding ought not to be wanting to her self, but ought to use the right and auctority of convocation, which first and foremost remaineth with the rulers of the Church, as may be seene Act. 15.
But that this bee not thought a Tenet of Antiepiscopall Writters alone, let us heart what is said, by qM. Ant. de Dom de rep. eccl. lib 6. cap. 5. num. 89.one of our greatest Opposites. Neque defendi…s ita, &c. Neither doe wee so defend, that this right of convocating Councelle, pertaineth to Princes, at that the Ecclesiasticall Prelats may no way, either assemble themselves togither by mutuall consent, or be convocated by the auctority of the Metropolitan, Pri…t, or Patriarch. For the Apostles did celebrat Councells, without any convocation of Princes. So many Councells as were celebrate before the first Ni…ne, were vvithout all doubt gathered togither, by the meanes alone of Ecclesiasticall Persons: for to vuhom directly the Church is fully committed, they ought to beare the care of the Church. Yet Princes in some respect, indirectly, for help and aide, chiefly then vvhen the Prelats neglect to convocat Councells, or are destitute of povver for doing of the same, of dutymay, & use to convocat them. Where we see his judgement to be, that the power of convocating Councells, pertaineth directly to Ecclesiasticall persons, and to Princes only indirectly, for that they ought to give help and aide, to the convocation of the same, especially when Church men either will not, or can not assemble themselves togither. His reasons whereupon he groundeth his judgement, are two, and those stronge ones.
1. The Apostolicall Councells, Act. 6. 2. & 15. 6. and so many as were assembled before the first Councell of Nice, were not convocated by Princes, but by Ecclesiasticall persons, without the leave of Princes. Therefore in the like cases, the Church ought to use the like liberty, that is, when there is need of Synods, either for preventing, or reforming some corruptions in the Doctrine or Policy of the Church; and for avoiding such inconveniencies as may impede the course of the Gospell, (Princes in the meane time beeing hostile Opposites to the trueth of God, and to the purity of Religion,) then to convocat the same, without their auctority and leave.
2. The Church is fully committed, (and that directly) to the Ministers whom Christ hath set to rule over the same. Therefore they ought to take care and to provyde for all her necessities, as these who must give a count, & be answerable to God for any hurt which shee receiveth, in things Spirituall or Ecclesiasticall, for which (when they might) they did not provyde a remedie: Which beeing so, it followeth, that when Princes will neither convocat Synods, nor consent to the convocating of thē, yet if the convocating of a Synod, be a necessary meane for healing of the Churches hurt, and Ecclesiasticall Persons be able, (through the happy occasion of a fit opportunity,) synodically to assemble themselves, in that case they ought by themselves to come togither, unlesse one would say, that Princes alone, and not Pastors, must give a count to God, how it hath gone with the Church, in matters Spirituall and Ecclesiasticall.
If it be objected, that our Divines mantaine against Papists, that the right and power of convocating Synods pertaineth to Princes. Ans. And so say I, but for making the purpose more plaine I adde three distinctions. 1. In ordinary cases, and when Princes are not enemies to the trueth and purity of the Gospell, Ecclesiasticall Persons should not doe well to assemble themselves togither in a Synod, except they be convocate with the auctority or consent of Princes. Yet as rani… in …ell. cont. 4. lib. 1. cap. 12. not. 4. 18.Iunius sheweth, in extraordinary cases, and when the Magistrat will not concurre not joyne with the Church, the Church may well assemble and come togither beside his knowledge; and without his consent, for that extraordinary evills must have extraordinary remedies. 2. Ecclesiasticall persons may convocat Councells, simply and by a spirituall power and jurisdiction: but to convocat them by a temporall and coactive power, pertaineth to Princes onelyonly. Ecclesiasticall Power (saith sde Rep. Eccl lib. 6. cap. 5. num. 16.the Archb. of Spalato), may appoint and convocate Councels: but yet the Ecclesiasticall Power it selfe cannot with any effect or working compell Bishops, especially if the Bishops of another Province, or Kingdome, or Patriarchship, be to be convocated. For because the Church can works by her censures and deprive them who refuse of her Communion, if they come not; yet they shall not therefore come to the Councell if they contemne the censure Therefore that no man may be able to resist, it is necessary that they be called by a coactive auctority, which can constraine them who gainestand both with banishments, and bodily punishments, & compell the Bishops, not onelyonly of one Province, but also of the whole Kingdome or Empire, to conveene. 3. In the maine and substantiall respects, the convocation of Councels pertaineth to the Ministers of the Church, that is, as Councels are Ecclesiasticall meetings, for putting order to Ecclesiasticall matters, they ought to be assembled by the Spirituall Power of the Ministers, whose part it is, to espie and note all the misorders and abuses in the Church, which must bee righted. But because Councels are such meetings, as must have a certaine place designed for them, in the Dommions and Territories of Princes, needing further, for their safe assembling, a certification of their Princely protection; and finally, it beeing expedient for the better successe of Councels, that Christian Princes be present therein, either personally, or by their Commissioners, that they may understand the Councels, Conclusions, and Decrees, & assenting unto the same, ratify and establish them by their Regall and Royall Auctority; because of these circumstances it is, that the consent and auctority of Christian Princes, is, and ought to be sought and exspected for the assembling of Synods.
As for the right of presidency and moderation, wee distinguish with tanimad. in Bell. cent. 4. lib. 1. cap. 19. nota 12.Iunius two sorts of it, both which have place in Councels; vix. the moderation of the Ecclesiasticall action, and the moderation of the humane order; and with him we say, that in Councels, the whole Ecclesiasticall action ought to be moderated by such a President, as is elected for the purpose, even as Hosius Bishop of Corduba was chosen to preside in the first Councell of Nice: Which office agreeth not to Princes: for in the point of propounding rightly the state of questions and things to be handled, and of containing the disputations in good order, Certe praefidere debet persona Ecclesiastica, in sacris literis erudita saith ude rep. Eccl. leb. 7. cap. 3. n. 43the Archb. of Spalato. The presiding and moderating in the humane order, that is, by a coactive power to compesce the turbulent, to avoid all confusion and contention, and to cause a peaceable proceeding and free deliberation, pertaineth indeed to Princes, and so did Constantine preside in the same Councell of Nice.