Dispute Against the English-Popish Ceremonies, Part 3 · Chapter 8 · Digression 4

Dispute Against the English-Popish Ceremonies · Part 3 · Chapter 8 · Digression 4

DIGRESSION IV.

Of the power of the Keyes and Ecclesiasticall censures.

ECclesiasticall censures and punishments, wherewith Delinquents are bound, and from which when they turne penitents they are loosed, are of two sorts: either such as are common, and agree unto all, as Excommunication and Absolution; or such as are peculiar, and agree onelyonly to men of Ecclesiasticall order, as Suspension, Deprivation, &c.

As touching the power of the Keyes, to bindand loose, Excommunicate and absolve: first of all, Princes are to remember, that neither they may, by themselves exerce this power, (for iiDecr. part, 2. causa 2. q. 7. c. 41.Regum est Corporalem irrogare paenam; Sacerdotum Spiritualem inferre vindictam;) nor yet by their Deputes or Commissioners in their name, and with auctority from them, because as they have not themselves the power of the Keyes, so neither can they communicate the same unto others. Secondly, forasmuch as Princes are the wardens, defenders, and revengers of both the Tables, they ought therefore to provide and take course, that neither Laymen be permitted to have and exerce the power of Excommunication, nor yet that the Prelates themselves be suffered in their particular Dioceses, to appropriate this power and externall jurisdiction, as peculiar to themselves: but that it remaine in their hands to whom it pertaineth by Divine institution. What a woefull abuse is it, that in our neighbour Churches of England, and Ireland, the Bishops Vicar generall, or Officiall, or Commissarie, beeing oftentimes such a one as hath never entered into any holy Orders, shall sit in his Courts, to use (I should have said to abuse) the power of Excommunication and Absolution? And what though some silly Presbiter bee present in the Court? Doth not the Bishops Substitute, beeing a Layman, examine and judge the whole matter, decree, and give sentence what is to be done? Hath he not the Presbiters tong tied to his belt? And what doth the Presbiter more, but onelyonly pronounce the sentence according to that which he who sitteth judge in the Court, hath decreed and decerned? As touching the Prelates themselves, I pray, by what warrant have they appropriate to themselves, the whole externall jurisdiction of Binding and Loosing, Excommunicating, and Absolving? But that we may a litle scan this their usurpation, and discover the iniquity thereof to the view of Princes, whose part it is, to cause the same to be reformed, let us consider to whom Christ himselfe, kkRev. 3. …Rev 3who hath the Key of David, who openeth and no man shutteth, and shutteth, and no man openeth, hath committed this power of the Keyes to be used upon earth. And first, let us distinguish betwixt the power it selfe, and the execution of it.

The power and auctority of Binding and Loosing, Christ hath delivered to the whole Church, that is, to every particular Church collectively taken. The auctority of Excommunication pertaineth to the whole Church saith llon 1. Cor. 5. 4.1 Cor 5:4D. Fulke. Ius excommunicandi (saith mmde cas. consc. lib. 4. cap. 10. cas. 9.Balduine) non est penes quemvis privatum, five ex ordine fit Ecclesiastico, five Politico, &c. Sed hoc jus pertinet ad totam Ecclesiam. So say Zanchius in 4. praec. col. 756. Polanus Synt. lib. 7. cap. 18. Pareus in 1. Cor. 5. de Excom. Cartvvright, on 1. Cor. 5. 4. Perkins on Iude vers. 3. and generally all our sound Writers. nnCent. 5. cap. 4. col. 383.The Magdeburgians cite for the same judgement, Augustine and Primasius. ooloc. theol. tom. 6. p. 136. 137.Gerard citeth also some Popish Writers assenting hereunto. The reasons which we give for confirmation hereof, are these.

1. It pertaineth to the whole Church, collectively taken, to deny her Christian Communion, to such wicked persons as adde contumacie to their disobedience; Therefore it pertaineth to the whole Church to Excommunicat them. Againe, it pertaineth to the whole Church, to admit and receive one into her communion and familiar fellowship. Therefore to the whole Church it likewise pertaineth, to cast one out of her communion. Sure, the sentence of Excommunication is pronounced in vaine, except the whole Church out of the person thus judged, from all communion with her. And the sentence of Absolution is to as litle purpose pronounced, except the whole Church admit one againe to have communion with her. Shortly, the whole Church hath the power of punishing a man, by denying her communion unto him. Therefore the whole Church hath the power of judging, that he ought to be so punished. The whole Church hath the power of remitting this punishment againe. p. 182Therefore the whole Church hath the power of judging that it ought to be remitted.

2. The Apostle 1. Cor. 5. sheweth the Israelits their purging away of leaven out of all their dwellings in the time of the Passeover, to be a figure of Excommunication, whereby disobedient and obstinat sinners, who are as leaven to infect other men, are to be voided, and thurst out of the Church. Now as the purging away of the leaven, did not peculiarly belong unto any one or some few among the Israëlits, but unto the whole Congregation of Israel: so the Apostle writting to the whole Church of Corinth. even to as many as should take care to have the whole lumpe kept unleavened, pp1. Cor. 5. 6. 7. …3.1 Cor 5:61 Cor 5:71 Cor 5:3saith to them all. Know ye not that a little leaven leaveneth the whole lumpe? Purge out therefore the old leaven. Put away from among your selves that wicked person.

3. Christ hath delivered the power of binding and loosing, to every particular Church or Congregation, collectively taken, which thus we demonstrat. If our brother who trespasseth against us, will neither be reclaimed by privat admonition, nor yet by a rebuke given him before some moe witnesses: then qqMath. 18. 17. 18.Matt 18:17Matt 18:18saith Christ, Tell it unto the Church: but if he neglect to heare the Church, let him be unto thee as an Heathen man and a Publican. Verely I say unto you, whatsoever ye shall bind on Earth, shall be bound in Heaven, & whatsoever ye shall loose on Earth shall be loosed in Heaven. Where he sheweth, that in the Christian Church (which hee was to plant by the Ministery of his Apostles) Excommunication was to be used, as the last remedy for curing of the most deadly & desperat evills: which Excommunication he setteth forth, by allusion unto the order and custome of the Iewes in his time, among whom they who were cast out, and excommunicat from the Synagogue, were accounted as Heathens and Publicans. And so when he saith, Let him be unto thee as an Heathen man and a Publican, he presupposeth, that the Church hath Excommunicat him for his contumacie which he hath added to his disobedience. For as rrIn Math. 18. 17.Matt 18:17Pareus saith, If by me, and thee, and every one, he is to be accounted for such a man, it must needs be, that the judgement of the Church be by publike declaration made knowen to me, and thee; & every one. And this meaning is throughly drawen out of the following verse. For whatsoever ye shall binde on Earth, &c. Therefore the Church ought first to binde him, before he ought to be accounted by me or thee for one bound, that is, Excommunicat. Now what meaneth Christ by the Church, to which he giveth the power of binding and loosing? Not the Church universall, sure: for I can not tell the Church universall (whether it be understood collectivé, or repraesentativè) whensoever my brother trespasseth against me, and will not be reformed. He meaneth therefore the particular Church, whereof for the time it sha…l happen one to be a Member. The power of the Keyes (saith sson Iude vers. 3.Perkins, …is given to all Ministers, Churches, & Congregations. Neither could there otherwise an ordinary, perpetuall, & ready course be had, for the correcting of all publike contumacie and scandall, by the meanes of Ecclesiasticall Discipline. But it will be said, when he biddeth us tell that particular Church, whereof wee are Members, he meaneth not that wee should tell the whole body of that Church collectivè, but that we should tell the Governours of the Church, who are the Church representativè.

How then is this place alledged, to prove, that the whole Church, collectivè, hath Power and Auctority to binde and loose?

Ans. Christ meaneth indeed, that wee should tell those Governours who represent the Church: but whiles he calleth them by the name of the Church, and sendeth us to them as to those who represent the Church, he plainly in sinuateth, that they exerce the power of the Keyes (as in his name, so) in the name of the Church, and that this power and auctority pertaineth to the whole Church: even as when one man representeth another mans person, whatsoever power he exerceth …o nomine, doth first of all agree, to the man who is represented, in his owne proper person.

4. tt1. Cor. 5. 4. 5.1 Cor 5:41 Cor 5:5The Apostle writing to the whole Church of Corinth, will have them (being gathered togither) to deliver that incestuous person to Satan. Therefore every particular Church or Congregation, hath power to Excommunicat such a contumacious sinner, as that incestuous person was. It is the common answere of Papists, that albeit the Apostle commanded the act should be done in face of the Church, yet the judgement and auctority of giving sentence, was in himself alone, land not in the Church of Corinth; whereupon they would make it to follow, that the power of Excommunication pertaineth to the Bishop alone, and not the Church. And the same answere doth uude tripl. episc. gen. pag. 42. 43.Saravia returne to Beza. But howsoever xxvers. 3.the Apostle saith, that he had allready judged concerning the incestuous person, yet he did not hereby seclude the Church of Corinth, from the auctority of excommunicating him. It is to be observed saith yyIn 1. Cor. 5. 4.1 Cor 5:4Calvine, that Paul, albeit he was an Apostle, doth not for his owne will excommunicat alone: but communicateth his counsell with the Church, that the thing may be done by common auctority. Himself indeed goeth before and sheweth the way: but whiles he adjoyneth to himself other partakers, he signifieth sufficiently, that it is not the privat power of one man. Nay, let us further observe with zzanimad. in Bell. cont. 4. lib. 2. cap. 16. nota 6.Iunius, that the Apostles hath a two fold power: one, commonto them with other Presbyters, 1. Pet. 5. 1. another, singular proper, and extraordinary, which they had as Apostles. By this singular power. Paul saith: aa1. Cor. 4. 21.1 Cor 4:21What will ye? shall I come unto you vvith a rod? but by the common power it was that he said: bbI…. 5.When ye are gathered togither, and my Spirit, &c. By no other power, then that which was common to him with the rest of the Presbyters or Bishops in Corinth, did he judge the incestuous person to be excommunicated: and thus, as though he had beene present in body, among the other Presbyters of that Church, and assembled togither with them, in their ordinary Councell or Consistorie (in which ccIun ubi supra nota. 7.fuerunt libere Apostoli, alij vero Presbyteri ex …ocatione propria, & necessitate officii;) so ddId. cont. 3. lib. 4. c. 16. nota. 37.he both pronounceth his owne judgement, and likewise goeth before, by pronouncing that judgement which was to be in common by them pronounced, Furthermore, that the Apostle would not have, that incestuous man to be excommunicat by his owne auctority alone, but by the auctority of the Church of Corinth, thus it appeareth.

1. ee1. Cor. 5. …. 6. 9.1 Cor 5The Apostle challengeth and condemneth the Corinthians, because they had not excommunicat him, before his writting unto them: which he would never have done, if that Church had not had power and auctority of Excommunication.

2. Howbeit the Apostle gave his judgement, that he should be excommunicat, because he ought not to have beene tollerated in the Church, yet for all that, he should not have beene indeed excommunicat and thrust out of the Church of Corinth, except the Ministers and Elders of that Church, had in name of the whole body of the same, judicially cast him forth and delivered him to Satan. Which plainly argueth, that he should not have beene excommunicat by the Apostles auctority alone, but by the auctority of the Church of Corinth.

3. The Apostle only sheweth, that he should bee excommunicat, but referreth the giving of sentence and judgement upon him, to the Corinthians. For he saith not, that the Corinthians being gathered togither, should declare or witnesse, that such a one was delivered to Satan, by Pauls owne power and auctority, but, that they themselves should deliver him to Satan vers. 4. 5. And againe, Purge out therefore the old leaven. Put away from among your selves that wicked person, v. 7. 13. But saith ffubi supra.Saravia, partes Apostoli in illa actionè fuerunt authoritatis, Ecclesiae vero Corinthiacae, obedientiae. Ans. That the action was done by the auctority of the Church of Corinth, it is manifest both from that which hath beene said, and likewise if further we consider, that the Apostle ascribeth to the Corinthians, as much auctority in this action, as he assumeth to himself. For he saith of himself, that he had judged concerning him that had done this deed v. 3. and so he saith of them, Doe not ye judge them that are within? vers. 12. Where he speaketh not of the judgement of privat discretion, (for so they might have judged them that were without also,) but even of the externall and authoritative judgement of Ecclesiasticall Discipline. gg2. Cor. 2. 9.2 Cor 2:9The Apostle indeed saith, that he wrote to the Corinthians to excommunicat that person, that he might know them, whether they were obedient in all things: but this proveth not, that the auctority of the excommunication was not theirs: for their part in this action proceeded both from auctority & from obedience: from auctority, absolutely: from obedience, in some respect. De jure, they had no liberty nor power not to excommunicate him, but were bound to doe that which Paul pointed out to be their duty, and in that respect he calleth them obedient: yet absolutely, and de facto it was free to them, (notwithstanding of Pauls writing to them) either to excommunicate him, or not to excommunicate him, and if they had not by their auctority excommunicate him, hee had not been at all excommunicate by any vertue of Pauls judging of him.

4. When the Corinthians proceeded to excommunicate him, hhIb. vers. 6.the Apostle calleth this a censure which was inflicted of many: which could not be said if he was to be excommunicate by the Apostles auctority alone.

5. iivers. 7.The Apostle writeth againe to the Corinthians, to forgive the incestuous man, to receive him into their communion, and to remit the punishment of his excommunication, because he was winne to repentance. And kkvers. 10he addeth: To whom ye forgive any thing, I forgive also. Now, who can remit the punishment, and save one from underlying the censure, except such as have the power and auctority of judgement?

Hitherto we have proven, that the power of binding and loosing, pertaineth to every particular Church collectively taken. But the execution and judiciall exercing of this power, pertaineth to that company and assembly of Elders in every Church, which the Apostle, 1 Tim. 4. 14. calleth a Presbitery. In Scotland we call it a Session. In France it is called a Consistory. In Germany and Belgia according to the Scripture phrase it is tearmed a Presbitery. It is made up of the Pastor or Pastors of every Congregation, togither with those governing Elders which labour there (not in Doctrine, but) in Discipline onelyonly: Of which things, we have spoken llsupra Digr. 1.before. That unto this Companie or Consistorie of Elders, pertaineth the power of binding and loosing, it is averred by the best Divines. Calvine on Math 18. 17. 18. & lib. Epistol. Col. 168. 169. Beza contra Saraviam de divers. Minist. grad. Zanchius in 4. praec. col. 756. Iunius animad. in Bell. cont. 5. lib. 1. cap. 14. nota 28. Polanus Synt. lib. 7. cap. 18 Tilen Synt. part. 2. disp. 28. The Professours of Leiden Syn. Pur. Theol. disp. 48. Gerard. loc. Theol. tom. 6. pag. 137. 138. Balduin de cas. consc. lib. 4. cap. 11. cas. 11. Pareus in Math. 18. 17. 18. & in 1 Cor. 5. Cartwright on Math. 18. sect. 7. Fennerus Theol. lib. 7. cap. 7. p. 152. 153. Alstedius Theol. casuum cap. 27. Danaeus Pol. Christ lib. 6 pag. 452. 464. Hēmingius Enchirid. class. 3. cap. 11. pag. 388. Martyr in 1 Cor. 5. and sundry others. mmapud. Zanch. in 4, praec. col. 745.Bullinger recordeth, that this was the manner of the particular Churches in Helvetia, to choose unto themselves a certaine Senate of Elders, or company of the best men in the Church, which might according duplicate page duplicate page p. 186to the Canon of Holy Scripture, exerce the Discipline of Excommunication. Which forme is well warranted by the Scriptures. For when Christ committeth the auctority of binding and loosing unto the Church, Math, 18. 17. 18. Howsoever the power & auctority it selfe pertaine to any particular Church collectively taken, as hath been said, yet the execution of the same is committed to the Consistory or Senate of Elders, which representeth that Church, and which Paul calleth a Presbitery. nnin 4. praec. col. 741.Zanchius saith, that Chrysostome, Bullinger, and all good Interpreters, understand the Presbitery to be there meant by Christ, when he saith, Tell the Church. Chrysostome saith foreign, that is, saith oocont. 3. lib. 1 cap. 6. nota 19.Iunius, the Ecclesiasticall Synedrium made up of Pastors and Elders. Thus pppraelect. tom. 1. pag. 23.Camero likewise expoundeth the place. Ecclesiae nomine saith he, videtur Christus significasse Collegium Presbiterorum qui Ecclesiae Christianae erant praefuturi, cujus Presbyterij mentio fit, 1 Tim. 4. Now if Christ hath committed the power of Excommunication unto the Church, what have Bishops to say for themselves, who appropriate th… power unto themselves, each one in his owne Diocie? qqCalv. & Cartwr. on Math. 18. …7. Par. in 1 Cor. 5Matt 18:71 Cor 5for we can not give the name of the Church unto a Bishop: because he is but one man, and the Church is a company of many men. Nay, nor yet can we give the name of the Church unto a company of Bishops; for if they might bee called the Church, it should be for this respect alone, because they represent the Church. But soli Episcopi, &c. Bishops alone saith rrloc. Theol. tom. 6 pag. 137.Gerard, or they who teach, can not represent the Church, since hearers also pertaine to the definition thereof, but the Presbitery can represent the Church, whereunto not onelyonly they pertaine who labour in the Word, but also Elders or Governours, put in auctority, for expeding of Ecclesiasticall matters in name of the whole Church. We graunt then, ssTrelcat Inst Theol. lib. 1. pag. 291.that by the Church, Christ meaneth that company of Church Gouvernours, whereby a certaine particular Church is represented, but for as much as the Church consisteth of two integrant parts, viz. Pastors and Sheepe, Teachers and Hearers, we therefore denie, that the representative Church whereof Christ speaketh, can be any other, then that Ecclesiasticall Consistory, whereof we have spoken.

Moreover, albeit the Apostle wrote to the whole Church of Corinth to deliver the incestuous man to Satan, because the matter could not be otherwise done, but onelyonly in the name, and with the consent of that whole Church, yet he never meant, that the common promiscuous multitude should by their suffrages and voices examine and judge that cause. But saith ttin 1 Cor. 5. 4.1 Cor 5:4Calvine because the multitude unlesse it be governed by councell, never doth any thing moderately, nor gravely, there was ordained in the auncient Church (meaning the Apostolick Church) a Presbytery, that is, a company of Elders, which by the consent of all, had the first judgement and examination of things: from it the matter was carried to the people, but beeing already determined before. Againe, p. 187when the Apostle writeth to them in his second Epistle, that they should forgive him, because he had repented, thus he reasoneth; uu2 Cor. 2. 6.2 Cor 2:6Sufficient to such a man is this censure which was inflicted of many. Which words that we may the better understand, it is worthy of observation, (which not xxcom. in illum locumCalvins onelyonly, but yyde divers minist. grad cap. 8. p. 85.Saravia also noteth) that it appeareth from this place, he was not excommunicate, but by sharpe rebukes tymously winne to repentance, whereby the Apostle sheweth it to be needlesse, yea most inconvenient to proceed against him, to the extremity of Discipline. The Word foreign, there used by the Apostle, signifieth rebuke, reprehension, or chiding, saith D. Fulke. And so Scapula taketh it to be the same with foreign and (z) on 2 Cor. 2. 6.2 Cor 2:6to signifie another thing then foreign or foreign. Beza and Tremellius turne foreign by increpatio. Ar. Montanus readeth, objurgatio. This chiding or threatning of the man, proceeded not from the whole Church of Corinth, but onelyonly from many therein, as is plaine from the Text, and as aaubi supra.Saravia also graunteth. And who were the foreign, those ma…y of whom the Apostle speaketh? Not such as from Christian and brotherly charity did privately chide and rebuke him, for the matter was not then depending in private rebukes, but by the Apostles direction it was brought to the Churches part, and to publike Discipline, the scandall it selfe beeing so publike and notoriously manifest. They were therefore such as had publike office and auctority to chide him. And who were those, but the Consistory of Pastors and Elders, which represented the whole Church, and were set in auctority for judging and managing of things pertaining to Ecclesiasticall Discipline? They (no doubt) beeing met together, called the man before them, and did most sharpely rebuke him and chide with him, and threatned that they would not onelyonly debarre him from the Lords Table, (which is called lesser Excommunication, but more properly, a step or degree tending next to Excommunication:) but also wholly cast him out of the Church, and deliver him to Satan. Whereupon the man beeing made to see the grievousnesse of his sinne, and the terrible punishment which was to follow upon it, becommeth most sorrowfull, humble and penitent. And this moved the Apostle to say, Sufficient to such a man, &c. as if he would say: what needeth him now to be excommunicate, and so to be corrected and put to shame by you all, when every one of you shall denie to him your Christian communion, as one wholly cast out of the Church? Is it not enough, that many among you, even your whole Presbitery, hath put him to such publike shame by their sharpe reprehensions, and to so great feare by their dreadfull threatnings? and since, through the blessing of God upon these meanes, he is already w…nne to repentance, why would you have him yet more publikely corrected and rejected by all and every one?

And further, the Apostle addeth, that now they should not onelyonly forgive him and comfort him vers. 7. but also confirme, (foreign) their love towards him vers. 8. Now foreign signifieth to confirme or ratify by auctority, and so bbexam. part 4 de indulg p. 53.Chemnitius, Bullinger, and Cartwright expound it in this place. It commeth from foreign Auctority, whence commeth also foreign a Lord or one having auctority, As therefore the Presbitery or company of Pastors and Elders, had (c) com in hunc locum.by their auctority established, that he was to be excommunicate, and determined to proceed to the execution of extreme Discipline (d) annot. ibid.against him, so now the Apostle would have them by the same auctority, to ratify and establish the remission of this punishment unto (e) Par. in 1 Cor. 5. 4.1 Cor 5:4him, and to decree that the Church should not denie her communion unto him. For this auctority of binding and loosing, though it pertained to the whole Church, in actu primo sive in esse, yet it pertained to the Presbitery alone, in actu secun… sive in operari: and even as the act of speaking, pertaineth to a man, as Principium quod, but to the tongue alone, as Principium quo; so albeit the power of the Keyes, doth primarly and principally belong to the Church collectively taken, yet the actuall execution of this power, belongeth onelyonly to the Presbitery which representeth the Church, and unto which the Church hath committed her auctority to bind and loose. Wherefore, since the Apostle writeth to the whole Church of Corinth, to confirme by auctority their love to the penitent man, and since this auctority in the actuall execution of it (which the Apostle craveth) did not agree to that whole Church collectively taken, we must needs understand his meaning to be, that their love towards that man, & their forgiving of him, should be ratified & confirmed by the auctority of those Church Governours, qui Ecclesiae nomen ad caetum repraesentant, totius nimirum Presbiterij authoritate atque consensu.

Thus have we shewed, that the actuall use of the Keyes, or the execution of the auctority of binding and loosing, pertaineth to that Ecclesiasticall Sena…e in every particular Church, which the Apostle calleth a Presbitery. For further illustration of the truth whereof, I adde these foure observations.

1. We must distinguish ffTrelcat. Inst. theol. lib. 2. pag. 287. 288. Pareus in 1. Cor. 5. de excom.1 Cor 5a twofold power of the keyes: the one is execute in Doctrine: the other in Discipline: the one Concionalis: the other Iudicialis. Touching the former, we graunt it is proper for Pastors alone, whose office and vocation it is, by the Preaching and Publishing of Gods Word, to shut the Kingdome of Heaven against impenitent and disobedient men, and to open it unto penitent sinners, to binde Gods heavie wrath upon the former, and (by application of the promises of mercy) to loose the lat…er from the sentence and fear of Condemnation. When we ascribe the power of binding and loosing to that whole Consistory, wherein governing Elders are joyned togither with Pastors, we meane only of the Keyes of externall Discipline, which are used in Ecclesiasticall Courts and Iudicatories.

2. When we teach, that the Pastor or Pastors of every particular Church and Congregation, with the Elders of the same, being met togither, have power to binde and loose, we understand this, only of such places wherein a competent number of understanding and qualified men, may be had to make up an Eldership: otherwise let there be one Eldership made up of two or three of the next adjacent Parishes, according as was ordained by the Church of Scotland, in the seaventh Chapter of the second booke of Discipline. Sine totius, &c. Without the consent of some whole Church saith ggIn. 4. praec. col. 756.Zanchius, no man ought to be excommunicat. Yea I adde, if it be a small Church, and not consisting of many learned and skillfull men, Excommunication ought not to bee done, except the nighbour Churches be asked counsell of. And as touching the Pastors part, hhlib. epistolar. col. 180.Calvine saith well, Nunquam, &c. I never thought it expedient, that the liberty of excommunicating should be permitted to every Pastor. The feare of great inconveniences, which he thought likely to follow upon such a custome, if once it were permitted, makes him professe in that Epistle, that he durst not advise Liserus, to excommunicate any man, without taking counsell of other Pastors. Now I much marvell what Butt iiIren. lib. 2. cap. 12.D. Forbesse shot at, when he entitleth one of his Chapters, De potestate Excommunicandi, and then in the body of the Chapter doth no more at all, but only quote those two Testimonies of Zanchius and Calvine: Both of which, doe utterly condemne the usurpation of Bishops, who appropriat to themselves the power of Excommunication, & ascribe this power to the Consistory of Pastors and Elders in every particular Church: and in the forequotted places, doe only (for preventing of abuses) set some bounds to the execution of their power: which bounds we also think good to be kept, Viz. that if a Church be so small, that it hath not so many well qualified men, as may be sufficient to assist the Pastor in the governement thereof, then let one commone Eldership be made up out of it, and some other nighbour Churches: By which meanes it shall moreover come to passe, (which is the other caution to be given) that not every Pastor (no not with the Elders of his Congregation) shall be permitted to have full liberty of binding and loosing, but shall in those matters receive counsell and advice from other Pastors. Howbeit for this latter purpose, the Church of Scotland hath profitably provyded another remedy also, namely, that in certaine chief places, all the Pastors in the adjacent bounds, shall at set and ordinary times assemble themselves, (which Assemblies in this Nation we call Presbyteries) p. 190that so the Churches may be governed Communi Presbyterorum consilio, as Hierome speaketh of the Primitive times of the Church.

3. Though the execution of the Discipline of Excommunication and Absolution, pertaine to the Consistory of the Pastor and Elders in every Church, yet this Discipline is to be by them execute kkZanch. in 4. praec. col. 756. D. Fulke on 1. Cor. 5. 4.1 Cor 5:4in name of the whole Church. llde tripl. Episc. gencr. pag. 43.Saravia is bold to affirme, that he who receiveth a sinner, or casteth him out of the Church, doth this in the name and auctority of God alone. We have proven by strong Arguments, that the auctority of Excommunication pertaineth to the whole Church: which though he contradicteth, yet in mmde divers. minist. grad. p. 85. 86.one place forgetting himself he aknowledgeth, that the auctority of the Church of Corinth, was to interveene in the Excommunication of the incestuous man. Wherefore, as in the name of God, so in the name and auctority of the whole Church, must one be cast our, or received.

4. To the right execution of this Discipline, nnZanch. ubi supra. Synop. pur. theol. disp. 48. thes. 9.the manifest consent of the whole Church is also necessary: The trueth whereof beside that it appeareth from that which hath beene said concerning the Churches auctority, it is further confirmed, if we consider, either the importance of the thing, or the good of the person. Touching the importance of the thing, Gravissima, &c. Most waightie matters in the Church saith ooloc. theol. tom. 6. pag. 463.Gerard, (and the same saith ppubi supra.Zanchius also,) ought not to be undertaken without the consent of the whole Ecclesiasticall body, and as Pope Leo writeth, Such thing as pertaine unto all, ought to be done with the consent of all. But vvhat can be more waighty, and vvhat doth more pertaine to the body of the Church, then to cut off some member from the body? And touching the good of the person, qqlib. 3. contra epist. Parmen.Augustine sheweth that then only a Sinner is both stricken with feare, and healed with shame, when seeing himself Anathematized by the whole Church, he can not find a fellowe multitude, togither wherewith he may rejoyce in his sinne, and insult upon good men. And that otherwise, if the tares growe so ranke, that they can not be pulled up, and if the same evill disease take hould of so very many, that the consent of the Church can not be had to the excommunication of a wicked person, then good men must grieve and groane, and endure what they can not help. Therefore, that Excommunication may fruitfully succeed, the consent of the people is necessary: rrAnt. de Dom. de rep eccl. lib. 5. cap. 12. n. 67.Frustra enim ejicitur ex Ecclesia, & consortio fidelium privatur, quem populus abigere, & à quo abstinere recuset. Howbei… even in such cases, when the consent of the Church can not be had to the execution of this Discipline, faithfull Pastors and Professors must, every one for his owne part, take heed that he haveno fellowship with the unfruitfull workes of darkenesse, but even reprove them; yea they ought, in sensu negativo, excommunicat those who should be (but are not) excommunicat positively: p. 191which negative Excommunication, is not an Ecclesiasticall censure' but either a bare punishment, or a cautell and animadversion; And so saith ssIb. cap. 9. num. 8.the Archbishop of Spalato, not only one brother may refuse to communicat with another, but a people also may refuse to communicat with their Pastor, which he confirmeth by certaine examples. But the publike censure of positive Excommunication should not be inflicted without the Churches consent, for the reasons forsaid. Cyprian writteth to Cornelius Bishop of Rome, that he had much laboured with the people, that peace might be given to them who had fallen, that is, that they might be againe received into the communion of the Church: which if he might have done by himself, why did he labour and deale so much with the people in that businesse? And as they were not received into the Churches communion, without the peoples consent, so neither were they, with out their consent, excommunicat. ttIn 2. Cor. hom. 18.Chrysostome sheweth concerning his time, that when one was to be excommunicat, the whole Church was humbled in prayer to God for him, and whenhe was againe released, they did all kindly salute him, & wish him peace. uuapologet. cap. 39. See Rhenanus his annotation upon that place, and M. Ant. de Dom. de rep. eccl. …. 5. cap. 12. n. 67.Tertullian also writteth, that he who was to be excommunicat, in the publike Assembly of the Church, was by the common consent of all, stricken with judgement, and that all the approven and well liked off Elders, had the presidence or direction of the rest of the Church in these Matters.

Now from all this, which hath beene said of the power and auctority to excommunicat and absolve, it is manifest how unjustly usurping Prelats doe arrogat & appropriat to themselves this power, which Christ hath committed to every particular Church or Congregation, and ordained to be execute by the Ecclesiasticall Consistory within the same. Which Episcopall usurpation, as it hath beene shewed to bee most contrary to Divine Institution, so doth it also depart from the manner of the auncient Church: For it may be seene in xxlib. 3. epist. 14. 15. 16. & lib. 5. epist. 12.Cyprian, that the auctority of reconciling and receiving into the Church, such as had fallen, was not proper to the Bishop, but with him common to his Cleargie and Presbytery, and that jus communicationis was given them by the Cleargie, as well as by the Bishop. We have heard out of yyepist. ad Evagr.Hierome, that a Bishop did nothing, which a Presbyter did not also, except only that he gave the rite or sig…e of Ordination, that is, imposition of hands. Whereby we understand, that as all other things, beside Ordination, so the power of Excommunication among the rest, was alike common to Bishops and Presbyters. Whence it is, that the same Hierome writting to Demetriades, calleth excommunication, Episcoporum & Presbyterorum censura. And zzIn Math. 16.Matt 16elsewhere. Alligat vel solvit Episcopus & Presbyter. Iustinian Novel. 123. cap. …1. saith, Omnibus autem Episcopis & Presbyteris interdicimus segregare aliquem à sacra communionè, antequam causa monstretur, p. 192&c. certifying them, if they doe otherwise, that he whom they excommunicat, should be loosed from Excommunication à majore Sacerdote. Whence we see, that Presbyters also were wont to excommunicat, & that this power was common to them with the Bishops. The first Councell of Carthage Can. 23. decreeth that a Bishop heare no mans cause without the presence of his Cleargie: and that otherwise his sentence shall be void, except it be confirmed by the presence of his Cleargie. The Canon Law it self hath some vestigies of the auncient order: for aaDecr. part. 2. causa. 11. q. 3. c. 108. 110.it ordaineth, that when a Bishop either excommunicateth or absolveth any man, twelve of the Cleargie be present and concurre with him. bbIren. lib. 2. cap. 11. p. 195.D▪ Forbesse now also aknowledgeth, that it is not lawfull for a Bishop to exerce the power of publike jurisdiction by himself, and without the Presbytery; and under this power of Iurisdiction whereof he speaketh, ccIb. pag. 191.he comprehendeth, the Visitation of Churches, Ordination, Suspension, and Deposition of Ministers, the Excommunicating of contumacious persons, & the Reconciling of them when they become penitent, the calling of the fellow Presbyters to a Synod, the making of Ecclesiasticall Canons, &c. which power of Iurisdiction ddp. 195. num. 25.saith he, remaineth one and the same, whole and entire, both in the Bishop, and in the Presbytery, in him personally, in it collegially. His confession of the Presbyteries power and auctority, we catch & lay hold on: but whereas he would have this power any way proper and personall to Bishops, he is confuted by our former Arguments.

And thus farre have we demonstrat to Princes, who be they, to whom Christ hath committed the power of Excommunication, that with them they may cause it to remaine, and correct the usurpation of Prelats, who bereave them of it. Let us next consider, what Princes may, or should doe, after that the sentence of any mans Excommunication, or Reconciliation, is given forth by them, to whom the power of this Discipline pertaineth. eelib. 6. cap. 9.The Archbishop of Spalato is of opinion, that, not only it is free to Princes to communicat with excommunicat persons, but also, that if they shall happen to communicat with them, the Church (for the reverence she oweth to Princes) should straight absolve them, and that her sentence of Excommunication should no longer have any strength. What? Shall the Church draw, and put up againe, the Spirituall Sword, at the pleasure of Princes? Or because Pr…ces will perhaps cast holy things to Dogges: must others doe so likewise? O prodigious licentiousnesse, and hellish misorder, worthy to be drowned in the lake of Lethè! But what then is the part of the Prince, after that the Church hath given judgement? Surely, whensoever need is, he ought by the privat judgement of Christian discretion, to trie and examine, whether this Discipline be rightly execute, or not. If he find the execution thereof to be unreproveable, p. 193and that yet the sinner goeth on in his contumacy, ffCalv. lib. Epistolar. col. 169 Gratian. caus. 11. q. 1. c. 20.then by his Civill power he ought further to punish him in his person, or wordly estate, that he may either reforme or represse, such a one as hath not been terrified by the Churches censures. But if after triall, he understand that the sentence given forth is unjust and erroneous, either through the ignorance or the malice of the Ecclesiasticall and regular Iudges, then hee ought to interpone his auctority, and cause a due proceeding, for in such extraordinary cases of the failing of Ecclesiasticall persons, Princes may doe much in things and causes Spirituall, which ordinarily they can not.

It remaineth to shew, who have the power of those censures and punishments which are proper to Ecclesiasticall persons. Where first we are to consider, that there are two sorts of faults which make Ecclesiasticall men worthy to be punished, viz. either such as violate sacred, or such as violate civill and humane duties: the one is to be judged by Ecclesiasticall Iudges alone, and that according to the Lawes of God and the Church: the other by civill Iudges alone, and that according to the civill and municipall Lawes of the Common-wealth. This latter sort againe is twofold, for either the fault is such, that though a man be condignely punished for it by the civill Magistrate, yet he doth not therefore fall from his Ecclesiasticall office or dignity; of which sort experience sheweth many: or else such as beeing punished according to their quality and demerit, a man by necessary consequence falleth from the Ecclesiasticall function and dignity which before he had; this was Abiathars case, and the case of so many as beeing justly punished by Proscription, Incarceration or Banishment, are secundario & ex consequenti shut from their bearing office in the Church. If Abiather had sinned in a sacred matter, the cognition thereof saith ggcontr. 4. lib. 1. e. 20. nota 8.Iunius, had pertained to the Priests: but because he sinned against the Common-wealth and the Kings Majesty, it was necessary to deale with him Civilly, and not Ecclesiastically. What? are not Ecclesiasticall men in this time also thought to be lawfully judged by the Civill Magistrate, if at any time they be found guilty of appaired Majesty? As for the other sorts of saults, whereby (as we have said) Sacred and Ecclesiasticall duties are violate, such as the teaching of False and Hereticall Doctrine, neglecting of Discipline, unbeseeming and scandalous conversation, &c. which things (if they be not amended) they who have the execution of Ecclesiasticall Iurisdiction committed to them, ought to punish by Suspension, Deposition, &c. Now as when one is called to the worke of the Ministery, his fitnesse and qualification for that worke, should be tried and judged by the Cleargie of the adjacent bounds assembled in their Classicall Presbitery, to whom it also pertaineth (after that he is by them tried and approven, and after that he is elected by that Church where he is to serve) to send him out from them with power to exercise the p. 194office of a Pastor: so when there is just cause of Suspending or Depriving him, it belongeth to the same Presbitery to consider and judge hereof, and according to his offence to give judgement against him. For who should recall him, but they who sent him? Or who should discharge him his Ministeriall function, except they who ordained him to exerce the same? And who may take the power from him, but they who gave the power unto him? That Ordination perraineth to the whole Presbitery, and not to the Bishop alone, wee have shewed before: and now by the same reason we say, Suspension and Deposition pertaine to the Presbitery also, and are not in the power of the Bishop. And that in the auncient Church, as Bishops gave not Ordination, so neither did they Suspend nor Depose any man without the common Councell, Advice, and concurrence of the Presbitery, yea and sometimes of a Synod, it is cleare from Cypr. lib. 1. Epist. 9. lib. 3. Epist. 2. & 10. Concil. Carthag. 3. can. 8. Concil. Carthag. 4. can. 22. 23. Concil. African. can 20. Concil. Hispal. 2 can. 6. Iustin Novel. 42. cap. 1. Hieron. comment. ad Isa. 3. Siricius Epist. ad Ambros. inter Ambr. epist. 80. Touching the Suspension and Deposition of Ministers, the Assembly at Glosgowe anno 1610. ordained, that the Bishop should associate to himselfe the Ministery of these bounds where the Delinquent served, that is, the Presbitery whereof hee hath been a Member, and togither with them there take triall of the fact, and upon just cause found, to Deprive or Suspend. Which act was ratified in the 21 Parliament of King Iames anno 1612. Neverthelesse, if any man thinke the sentence of the Bishop and the Presbitery given forth against him, to be unjust, he ought to have liberty of recourse to the Synod, and there to bee heard, according as it was decreed by the fourth Councell of Carthage Can. 66. But oftimes the matter is of such difficulty or importance, that the Bishop and the Presbitery may not giveout an peremptory sentence of Suspension or Deprivation, hhFenner. Theol. lib. 7 c. 7. p. 153.till the matter be brought to the Synod of the province, iiHemming enchir. class. 3. cap. 11. p. 39…, 91where according to the auncient order the matter is to be handled, not by the censure of one Bishop, but by the judgement of the whole Cleargie gathered togither.

Princes therefore may not suffer Bishops to usurpe the power of Suspending and Depriving at their pleasure, and whensoever they commit any such tyranny in smiting of their fellow servants, it is the part of Princes to cause these things to be redressed, and for this end gratiously to receive the grievances of oppressed Ministers. The Arians of old beeing assembled in a Councell at Antioch, kkCan. 11.decreed, that if any Ecclesiasticall Person, should without the advice and the letters of the Bishops of the Province, and chiefly of the Metropolitan, goe to the Emperour to put up any grievance unto him, he should be cast out, not onelyonly from the holy Communion, but from his proper dignity which hee had in the Church. Whereupon llHist. Eccl. cent. 4 l. 2. c. 48. p. 242.Osiander hath this observation: This Canon also was composed against holy Athanasius: for Attanasius beeing expelled by the Arrians, had fled to the Emperour Constantine the younger, and had from him obtained a returne to his owne Church. Now this Canon is very unjust, which forbids that a Bishop or any other Minister of the Church, beeing unjustly oppressed, flee to his godly Civill Magistrate: since it was lawfull to the Apostle Paul to appeale to the Romane Emperour, wicked Nero, as the acts of the Apostles witnesse. But it may be seen in this place, that Bishops were very soone seeking dominion, yea tyrannie over the Church, and over their Colleags. Besides all this, there is yet another thing which ought to have a very principall consideration in the Deposition of a Minister, and that is the consent of the Church and Congregation where he hath served. Let the Magistrate know saith mmloc. Theol. tom. 6. p. 838.Gerard, that as the vocation of Ministers pertaineth to the whole Church, so to the same also pertaineth the removing of Ministers, therefore as a Minister ought not to be obtruded upon a unwilling Church, so the Hearers beeing unwilling and striving against it, a fit Minister ought not to be plucked away from them. The Deposing of a Minister whom the Church loves and willingly heares, nnde cas. consc. l 4. cap. 5. cas. 12.Balduin accounteth to be high Sacriledge, and holdeth, that as the calling, so the dismissing of Ministers pertaineth to the whole Church. And so teacheth ooEcclesiast. lib. 3. cap. 3.Iunius. Shortly, as a man is rightly called to the ministeriall office and dignity, when he is elected by the Church, and ordained by the Presbitery, so is he rightly deposed and put from the same, when he is rejected by the Church, and discharged by the Presbitery.

Now there was brought forth in Scotland, anno 1610. a certaine Amphibian brood, sprung out of the stem of Neronian tyranny, and in manners like to his nearest Kinsman the Spanish Inquisition. It is armed with a transcendent power, and called by the dreadfull name of the HIGH COMMISSION. Among other things, it arrogateth to it selfe, the power of Deposing Ministers. But how unjustly, thus it appeareth.

1. If those Commissioners have any power at all to depose Ministers, they have it from the King whose Commissioners they are. But from him they have it not. Therefore they have none at all. The proposition is most certaine: for they sit not in that Commission to judge in their owne name, nor by their owne auctority quum nihil exerceat delegatus nomine proprio, as ppapud Forb. Iren lib. 2. cap. 11. p. 177.Panormitan saith,) but by vertue onelyonly of the Commission and Delegation which they have of the King. Yea, Bishops themselves exerce not any Iurisdiction in the High Commission as Bishops, but onelyonly as the Kings Commissioners, as qqDefens. lib. 1. p. 8.D. Downame aknowledgeth. The Assumption is gronnded upon this reason: The King hath not power to depose Ministers. Ergo he can not give this power to others. For rrBonifae. 8. de regul. Iuris reg. 79.Nemo potest plus juris transferre in alium quam sibi competere dignoscatur. The King may sometimes inflict such a civill punishment upon Ministers, whereupon secondarily and accidentally will follow their falling away from their Ecclesiasticall office and function, (in which sence it is said, that Solomon deposed Abiathar, as we heard before,) but to depose them directly and formally (which the High Commission usurpeth to doe) he hath no power, and that because this deposition is an act of Ecclesiasticall jurisdiction: Whereas the power of Ecclesiasticall jurisdiction doth no more agree to the King, then the power of Ecclesiasticall order: his power is Civill & Temporall, not Spirituall & Ecclesiasticall. ssof the Church. lib. 5. cap. 53. p. 682.D. Field also confesseth, that none may judicially degrade or put any one lawfully admitted, from his degree and order, but the Spirituall Guides of the Church alone.

2. The deposing of Ministers pertaineth to Classicall Presbiteries, or (if the matter be doubtfull and difficille) to Synods, as hath been shewed. And who then can give the High Commission such auctority as to take this power from them, and to assume it unto it selfe. These Commissioners professe, that they have auctority to discharge other Ecclesiasticall Iudicatories within the Kingdome from meddling with the judging of any thing which they shall thinke impertinent for them, and which they shall thinke good to judge & decide by themselves in their Cōmission. Which if it be so, then (when it pleaseth them) they may make other Ecclesiasticall Iudicatories to be altogether uselesse and of no effect in the Church.

3. In this Commission, Ecclesiasticall and Temporall men are joyned togither, and both armed with the same power. Therefore it is not right nor regular, nor in any wise allowable. For even as when a Minister hath offended in a Civill matter, his fault is to bee judged by Civill Iudges according to the Civill Lawes, and by no other: so when he offendeth in an Ecclesiasticall matter, his fault is to be judged onelyonly by Ecclesiasticall persons according to Ecclesiasticall Lawes: and in such a case ttNovell. 83. cap. 1.Iustinian forbiddeth Civill men to bee joyned with Ecclesiasticall men in judgement. They are Ecclesiasticall things or causes which are handled and examined by the High Commission in the processe of deposing Ministers: and a shame it is to Ecclesiasticall men, if they can without the help and joyning of Temporall men, judge and decide things of this quality.

4. As in the matters to be judged, so in the censures and punishments to be inflicted, Ecclesiasticall and Civill men have in this Commission alike power and auctority: for Ecclesiasticall men therein have power of Fining, Confining, Warding &c. common to them with the Temporal men: and againe, the Temporall men have power of Excommunication, Suspension, Deprivation, &c. common to them with the Ecclesiasticall men. For they all sit there as the Kings Commissioners, and co nomine they exerce this Iurisdiction: which Commission beeing alike discharged by them p. 197all, it is manifest that both Temporall men take hold of the keyes, and Ecclesiasticall men take hold of the Civill sword. And this monstruous confusion and mixeture, giveth sufficient demonstration that such a forme of Iudgement is not from the God of order.

Of the abuses and inregularities of the High Commission, wee may not now speake at greater length, but are hasted to make foreward.