The Due Right of Presbyteries, Chapter 7
CHAP. 7. SECT. 1.
Of the way of Reformation of the Congregations of England.The way of the Churches of Christ in New England.
IN the first article, the Author acknowledgeth the Church of England was once rightly, and orderly gathered, either by Apostles … apostolick men, whether Philip, or Joseph of Arimathea, or Simon Zelotes, as we may read in Fox, &c. Sothat all the worke now, is not to make them Churches which were none before, but to reduce and restore them to their primitive institution.
Answ. Though the Churches of England were planted by the Apostles, yet since Popery universally afterward prevailed, in both England and Scotland, as Beda and Nicephorus and ancient histories witnesse, we thinke by our brethrens grounds England losed the very essence of a true Church. So that there be neede of the constituting of a new Church, and not of simple restitution to the first restitution. 1. Because the Congregations wanteth the essentiall constitution of right visible Churches, as you say. 2. Because you receive none comming from the Church of New-England, to the seales of the Covenant, because they are members of no visible Church.
Sect. 2. Certaine propositions tending to Reformation.
In the third or fourth Proposition the Author condemneth Laicks Patronages.
2. Dedicating of Lands to the Ministry; to these adde what the Ministers of New-England say aAnswer to the 26. Question.in their answer to the thirty two Questions sent to them from Old-England, where they condemne stinted maintenance. Though the right of Church Patronages were derived from Romulus, it is not for that of noble blood. …or bDionys. Halicarnass. l. 2 antiquit. optiene cuiquam ex …ulgo data, ut que…n vellent sibi pa…onu…n el…ge…entDionysius Halicarnasseus saith Romulus instituted Patronages, when he had divided the people in noble and ignoble, called, Patricii & Plebeii. But this Patronage was civill, and when servants and underlings were hardly used, it hath a ground in nature, that they choose Patrons to defend them, therefore hee who gave libertie to a a servant, amongst the Romans was called a Patron, and cTerentius in Eunu…ho…e mi… Patronum cupie. I …a….he who defended the cause of the accused, as Valla saith, was called a Patron. If it bee said that the servant was the proper goods, and part of the Masters patrimony, because hee might sell his servant, and therefore there could bee no Law given to prove men may limit the dominion of the master over the servant.
I answer; the servant was a part of his masters patrimony, but a part thereof for sinne, not as his Oxe or his Asse, is a part of his patrimony; therefore by the Law of nature, whereby the weaker imploreth helpe of the stronger, as the Lambe seeketh helpe from the mother, and the young Eagle from the old, the slave might well have libertie to choose a Patron, and this is a ground that the Magistrate the Churches nurs-father by office should plead the Churches cause, as her Patron, and every one in power is to defend the Church in her liberties and patrimony; and therefore in the Apostles time, when holinesse and the power of Religion did flourish, and was in court, there was not need of any positive, civill or Church Law, for a Patron to the Church, every beleever in power is oblieged to defend the Church: but when men became Vulturs and ravenous birds to plucke from the Church what was given them, the Councell of Millian dConcilium Melevitanu…n …n. 402.in the yeare of God 402. wherein some say Augustine was president, under Honorius and Arcadius, some holy and powerfull men were sought from the Emperour to defend the Church in her patrimony, and rights against the power and craft of avaritious men, and they were called Patrons, and the same was desired eConcilium Car…bagin. 5. c. 9. an. 420.in the first Councell of Carthage, but with the Bishops advice, cum provisione Episcoporum. Hence it is cleare, patronages from their originall were not Church priviledges, and Bishops being a part of the Church, could not be the Patrons, quia nemo sibi ipsi potest esse patronus, and for this cause that learned fHosp…nian de orig. te…nplo. to. 4. de orig. honor. eccles. c. 6.thinketh this was the originall of Church Patronages, but the Patrons have beene chosen with consent of the Church; hence they were not as our Patronages are now, which goeth 1. by birth, 2. and are a part of a mans patrimony, and civill thing, that the Patron hath right unto, under the Kings great Seale; but as a Minister is not a Minister by birth, neither was a Patron a Patron by birth: and from this wee may collect, that the Patrons right was but a branch of the Magistrates right, and accumulative, not primitive, and that hee could take nothing from the Church, and … lesse might the Patron forestall the free election of the people, by tying them and their free suff…ages to a determinate man, whom hee presented; and it is not unlike which gA…entinus in …. 6. a…al.A…entinus …, when Bishops gave themselves onelyonly to the Word of God, to preaching and writing bookes in defence of the truth, the Emperour tooke care that they should bee furnished with food and …aiment, and therefore gave them a p…tronus quem … patronum curatoremque vocabant, whom they called a patron; and here observe the Bishop of old was the client, and the sonne and Pupill, now hee must bee the Patron and Tutor, and therefore in time of Popery, Antichristian Prelates would bee Patrons both to themselves and to the Churches.
But this seemeth not to bee the originall of patronages, because this ground is common to all Churches, but not all, but onelyonly some certaine Churches have patronages, therefore their ground seemeth rather to bee that some religious and pious persons founded Churches, and dotted, and mortified to them benefices, and the Church by the Law of gratitude did give a Pat…onage over these founded Churches to the first foundators and their heires, so as they should have power to nominate and present a Pastor to the Church. But there were two notable wrongs in this; for 1. If the fundator have all the Lands and Rents in those bounds, where the Church was erected, hee is oblieged to erect a Church, and furnish a …pend, both by the Law of nature and so by Gods Law also. Ergo, the Church owe to him no gift of patronage for that, nor is hee to keepe that patronage in his hand, when hee erecteth a Church; but and if hee being Lord heritor of all the Lands and Rents, both erecteth a Church, and dotteth a stipend, sub modum eleemosynae, non sub modum debiti, by way of almes, not by way of debt, then is there no gratuitie of honour, nor reward of Patronage due to him, for almes as almes hath no reall or bodily reward to bee given by those on whom the almes is bestowed, but onelyonly the blessings of the poore, Joh 31. 20. it being a debt payed to God, hee doth requite it. And hFdvar. Dido. lav. in …. p. 591.Calderword saith, no wise man would thinke that the Church men should allure men to found Churches, and to workes of Pietie, by giving them the right of presenting a man to the change: and also hee would call it Simonie, not pietie or religion, if one should refuse to doe a good worke to the Church, except upon so deare…t rate, and so hard a condition as to acquire to himselfe po…er over the Church of God.
Though the …ight of presenting a man to benefice were a meere temporall thing, yet because it removeth the libertie of a free election of the fittest pastor, as iOrigen. … 6. in Levit. is eligendus ex omni populo qui praestantior, qui doct…, qui sanctier.Origen saith, it cannot bee lawfull, but it is not a temporall or civill right, but a spirituall right, though wee should grant that the people have a free voyce in choosing, and that the patron were oblieged to present to the benefice, the man onelyonly whom the people hath freely chosen, and whom the Elders, by imposition of hands, have ordained. 1. Because the Pastors hath right to the benefice, as the workeman is worthy of his hire, and hee hath a divine right thereunto by Gods Law, 1 Cor. 9. 8, 9. & c. Gal. 6 6. Matth. 10. 10. Ergo, if the patron give any right to the Pastor to the benefice, it must bee a spirituall right. If it bee said, hee may give him a civill right before men, that according to the Lawes of the Commonwealth, hee may legally brook and injoy the benefice; this is but a shift, for the civill right before men is essentially founded upon the Law of God, that saith, the workeman is worthy of his hire: and it is that fame right really that the Word of God speaketh of: now by no Word of God, hath the Patron a power to put the Preacher in that case, that hee shall bee worthy of his wages, for hee being called, chosen as Pastor, hee hath this spirituall right not of one, but of the whole Church. 2. It is true, Papists seeme to bee divided in judgements in this, whether the right of patronage bee a temporall or a spirituall power; for some Canonists as wee may see kAbb. decius &in Abb. decius, lRubi. in c. Quanto de jud. & in d. ca. de ….and Rubio, and the Glosse mGlossa in c. piae menus 16. q. 7.saith it is partly temporall, partly spirituall. Others say it is a spirituall power, as nAnton de Butr. &Anton. de Butr. and oAndr. Barbat. in d. c. Quando.Andr. Barbat. and pF…ancis. Suarez … & Statu … 4 de … 8 … 5.Suarez, and whereas Papists doe teach that the Church may lawfully give a right of presenting to Church benefices, even to those who are not Church men, the power must bee ecclesiasticall and spirituall, and cannot bee temporall; also Suarez saith, that the right of patronage may bee the matter of Sim…ny, when it is …ld for m…ney. Ergo, they thinke it an holy and spirituall power. It is true qMa…. An … Spalate… de …. 3. pag. 9…9.the Bishop of Spalato calleth it a temporall power, which is in the hand of the Prince, but there is neither reason nor Law, why it can bee called a temporall power due to a man, seeing the patron hath (amongst us) a power to present, and name one man, whom he conceiveth to be qualified, for wee find the nomination of a list, or the seeking out of men fit for the holy ministry, some times ascribed to the Church, as Act. 1 23. Then they appointed two, Joseph called Barsabas, who was surnam d Jus…us, and Matthias, which words may well bee referred to the eleven Apostles, and so they nominated men, or to the Church of beleevers, and so though it bee not an authoritative action, it is an ecclesiasticall action, and belongeth to the Church as the Church, and so to no Patron: and the looking out of seven men to be presented as fit to bee ordained Deacons, is expresly given to the Church of beleevers, Act. 6. 3. Wherefore Brethren, looke yee out amongst you, foreign, seven men of honest report; and sometimes the Apostles doe nominate men for the ministery, but never doth the holy Ghost mention a Patron. But if the thing it selfe (say they) hee necessary, then is the office not unlawfull.
But it is most necessary that some one or more eminent and powerfull men, should have power to see that the Church goods bee not delapidated.
Answ. It is a part of the Magistrates office, with his accumulative power, whereby hee seeth that every one doe their dutie, to take care that vulturs and sacrilegious devourers of Church livings bee punished; and the Church themselves are to censure all guiltie of Simony or delapidation of the rents of the Church, as may bee gathered by due analogie from Peters punishing with death, the sacriledge of Ananias and Saphira, and the Simony of Simon Magus. 2. The ancient Church …ooke care of dividing of the Church rent very carefully in foure parts; one was given to the Pastor, who was not to imploy …ents of the Church upon Horses and Coaches, and conquering Baronies and Lordships to their sonnes, as our idle belleys were in custome to doe, but the Bishop was to entertaine Hospitalls, and to feed the poore, to take care of bridges, rep… ring of Churches, so as rA…brosius l. …. epist. …. epist. …. …, quod pa…peru … … … est.Ambrose saith, what ever is the Biships, it is the poores; a second part was given to the Elders and Deacons; a third part was for the repairing of Churches, and a fourth part for Hospitalls, for poore and strangers; this distribution with some other order, is made, if wee beleeve Papists, sSy…ol 3. … 1. c 4.in a Synod at Rome under Silvester the first, though Socrates, Theodoret, Sozomen, and others well versed in antiquitie speake nothing of this Synod, but you may see this cleare in tSynod. Braca…ens. … c. 25.Synodo Bracarensi, in u…Span Anal. …o. 289Aventinus, in xGregorus ….Gregorius, so there is no need of a Patron, nor was there any in the Apostolick Church. Deacons were to take care for tables, and the goods of the poore, no reason that men seeme more carefull for the good of the Church then Jesus Christ. 3. Though there bee a necessitie that the Church bee defended in her liberties, yet is there no reason, an office should be made thereof; as the Canonists make it an office, with a sort of stipend; And therefore to make a Patron they require not onelyonly the founding of a Church, but also the building of the house, upon his owne charges, and the dotation of a mainten…nce for the Church, y….and for this cause the Patrou hath a buriall place in the Church; and if hee or his children become poore, they are to be entertained of the Church rents; and therefore they call it jus …uti'e, a gainefull power. 2. It is jus b…norifioum, hee hath power to nominate and present a man to the benefice of the vaiking Church. 3. It is jus onerosum, because hee is oblieged to defend the Church; see the… zC…decernimus …. 9. 7.Law for this; so see also aAltar. dam…s…. pag. 3…2.Calderwood, bGera…dus loc. co…n. 10. 6 de min…ster. eccles. sect 5 pag 134. 135.Gerardus, cSuarez to…n. de vi…tut & stai… relig. l. 4. de Sinon. c. 28 n. 1, 2. 3.Suarez, dSpalat… …sten…error. Suarez c. 3 n 939.Anton. de dom. arcb. Spal H…spinianus; yet Justinianus (…) … 16. q 7.himselfe forbiddeth that the Patron should present a man to the Bishop to bee examined and tryed, and certainly this place and charge for the defending of the Church of Christ from injuries and wrongs … Christ of want of foresight and providence, who hath not appointed officers civill and eHospinian. de origi. templ. de or…g. bonor. eccles. c. 6. c. 7.fJustiman. N…vel. 17. c. … & c. 18. Nov. 123.eccle…asticall to take care of his Church, for no power over the Church was ever given to builders of Synagogues, and therefore a calling by the Patron is no more Christs way, then a calling by the Prelate and his Chaplaine. 2. Nor would the Church receive the ministers from Christ Jer. 2. 5. and the laying on of the hands of the Elders, 1 Tim. 4. 14. 2 Tim. 2. 2. but by the authoritie of the Patron, who doth nominate the man, and may charge the Presbyterie, by Law to admit him minister of such a flock. Nor is it enough to say that the Patron doth present to such a benefit onelyonly, and doth leave all the ecclesiasticall part to the Church, and the officers thereof, for this would say something, if the Patron were tied to the Churches free choise, whereas the contrary is true, that the Church is tyed to the Patrons free election of the man, but this is nothing, because the Patron being but one man onelyonly, and so the Church can have no lawfull proprietie, right and dominion over the rents of the Church, for Christ is onelyonly Lord and proprieter, and just titular of all rents dotted for the maintenance of the ministery, and under Christ, when the place vaiketh, the rents recurre to the Church, as the proper proprieter under Christ: as the goods of Ananias and Saphira are the goods of the Church, after they had given them in to the publick treasurie of the Church; Ergo, the Patron can give no right to any person to bee presented and ordained, for no man can give to another that title and right which hee hath not in himselfe. If it bee said, hee may give in the Churches name, as the Churches Patron, those goods which are mortified to the Church, well, then is the Patron in the act of presenting the representative Church, and hath the Churches power; Ergo, hee is but the Churches servant in that, and to doe at the Churches will, and the Church is the first presenter, this is a new representative Church, that wee have not heard of.
2. This is against the nature of the Patrons office, whose it is, when hee foundeth and buildeth a Church, to reserve the right of patronage to himselfe, and never to give that right to the Church; Ergo, by his owne authoritie, and not in the Churches name, hee giveth title to the benefice, to the Pastor of Minister.
3. The Church hath not power to alien ate and dispose to one particular man, those goods which are given to God, and to his Church, so as that one hath power in Law to dispose those goods to any, without the Churches consent, as the Patron may doe. The Church may dispose and give power to one man to doe certaine actions in the Churches name, but yet so as the Church retaineth power to regulate that her delegate, or commissioner in these acts, and to correct him, in case of aberration; but the Church hath no power over the Patron as Patron to limit him in the exercise of his power, for the right of Patronage is his by birth, he may sel it for mony to another; to a Papist, to an excommunicate person, to a Jew, or an enemy of the Church, as hee may sell his lands and houses, and hath a civill right thereunto under his Majesties great Seale; therefore the patron doth here, proprio suo jure, by his owne proper right, present and give title and Law to the Church benesice, and doth not present in name of Church, or as having from the Church a power.
3. What ever taketh away an ordinance of Christ, that is not lawfull: but the power of Patrons taketh away the ordinance of Christ, and the free election of the People, because the people have power to choose out of many one fittest, and most qualified, for the office; as is cleare, Act. 6. 3. Act. 1. v. last. Act. 14. 23. because the man chosen should bee one of a thousand, as gA… da…nas. pag. 332.Didoclavius or Calderwood saith in that learned Treatise, called Altare Damascenum. Nor can it be said (saith that learned Author) that the Church may transferre her right of presenting to a Patron, for that is in effect to transferre her power of election, but that (saith hee). the particular Church cannot doe except by the decrce of a gener all assembly, neither can that right bee transferred over to a generall assembly, especially a perpetuall and hereditary right, because (as saith hCartwright 2. reply, … pa…t. pag. 226.Cartwright) it is a part of that libertie, which is purchased by Christs blood, which the Church can no m…re alienate and dispose, then shee can transferre or dispose to another her inheritance of the kingdome of God, to the which this libertie is annexed: thus he.
4. The discerning of the spirits, and the knowing of the voyce of Christ speaking in his called servants, is laid upon the flocke of Christ, whose it is to elect, but not upon the Patron, which may bee a Heathen, and a Publican, and as such is no member of the Church.
5. Every humane ordinance not warranted by Christs Tostament, and abused to sacriledge, rapine, delapidation of Church-rents, and Simoniacal pactions with the intrants into the holy ministery, is to bee abolished, and is unlawfull: but the right of patronages is such as experiences teacheth to many and lamentable. The proposition is above cleared.
6. That calling in part or in whole, which giveth no ground of faith, and assurance of a lawfull calling to the Ministers entry to that holy charge, cannot belawfull; but the calling to the ministery by the good will and consent of the Patron as Patron, is such. Ergo. The proposition is cleare, every lawfull meane and way of entry unto that calling is warranted by a word of promise, or precept, or practise; the calling by the patrons consent, hath neither word of promise, or precept, or practise in the Word; and stayeth not the conscience of the man of God, that hee did not runne unsent: but a man is never a whit the more staid in his conscience, that hee is presented by a Patron, to the tithes, and parsonage and vicarage of such a Congregation. It is but a cold comfort to his soule, that the Patron called him.
7. What ever priviledge by the Law of nature all incorporations have to choose their owne rulers and officers, this Christ must have provided in an eminent manner to the Church: but all cities, societies, incorporations and kingdomes have power to choose their owne rulers, officers, and members, as is cleare by an induction of all free colledges, societies, cities and republicks. Ergo, this cannot bee laid upon a Patron; see for this also iAmesius, de c…nscient. l. 4. c. 25 q 5. n. 23, 24.Amesius, kGul. Ap l…. in sac a sect. 2 c. 1. pag. 61, 162.Guliel. Apollonius, who citeth that of lAthanasius epist ad solitariam …am agentes. Uhille Canon ut a palatio mittatur is, qu… sutu… us est Epis…opus:Ath…nasius, Where is that Canon in the Word, that the sent Minister of Christ, is sent from the Court, or the Princes Pala…e?
As concerning the other two, this author condemneth Lands dedicated to the ministery, because the New Testament speaketh nothing of such Lands.
Answ. This speaketh against Glebes of Ministers, but the New Testament speaketh not of Manses or houses, or of moneys for Ministers; yet a wage wee know is due, Matth. 10. 10. 1 Cor. 9. 8, 9, 10. Gal. 6. 6. and the Levites were not to bee distracted from the most necessary worke of the Tabe…acle, and service of God, more then Ministers, yet they had Lands and Townes assigned of God to them; though the lesse dis…ract… ous the wages bee, the better, and the more convenient they are, 2 Tim. 2. 3. 4. 5. As for the tithes wee thinke quotta decimarum, or a sufficient maintenance, of tithes, or what else may conduce for food and raiment, of divine right, Matth. 10. 16. 1 Cor. 9. 8, 9. tithes formally as tithes are not necessary, so the Ministers bee provided, and a stipend bee allowed to them, not as an almes, but as a debt, Luk. 10. 7. But the stinting of maintenance for Ministers the author condemneth, because when Constantine gave large rents to the Church, it proved the lane of the Church.
But I answer, stinting maketh not this, but excesse, for mountaines of rents may bee stinted, no lesse then mole-hills.
In the first proposition Pastors are to bee chosen of new, in England, though they have beene Pastors before, and that by the imposition of the hands of some gracious and godly Christians.
Answ. Such an ordination wanteth all warrant in the Word of God. 2. Why are they ordained over againe, who were once ordained already? belike you count them not Ministers, and baptisme administred by them, no baptisme, though these same gracious Christians have beene baptized by such, and so England hath no Church visible at all, and no ministry; see what you lay upon Luther and some of our first reformers, who had their externall calling from Antichristian Prelates, the same very thing which Papists lay upon them. 3. If there bee called Pastors in England to lay on hands on Ministers, why are not they to impose hands on such as you judge to bee no ministers? because possibly the Prelates laid hands upon them, seeing you grant Chap. 5. Sect. 9. where there are Presbyters to lay on hands, it is convenient that ordination should bee performed by them. I confesse I am not much for the honoring of the Prelates foule fingers, yet can they not bee called no Pastors, no more then in right wee can say, Caiaphas was no High Priest.
Proposition 6. Hee willeth Pastors, and Doctors, and Elders to bee put in the …me of Parsons and Vicars.
Answ. If the offices of Parson and Vicar bee set up, it is reason they be abolished, but for the names there is not much necessitie of contending, though in such cases it bee safer to speake with the Scripture, then with Papists: the Vicar Generall is indeed the Bishops delegat, and a creature to bee banished out of the house of God, of whose unprofitable place & stile, see that learned writer mAlta… da…. par. 458.D…id Calderwood, who findeth him to bee made of the metall of the Popes service, base Copper not Gold. n…and the Popish parson is as the Vicar; Firewood for Antichrists Caldron.
In the 12. and 13. Propositions, it is said, that it is necessary … Preachers countenanced from King, and State, were sent to … to congregations generally ignorant, and prophane, and till they … measure of gracious reformation, as they can testifie their faith and repentance, it were meet they should never renew their C…nant made in baptism, nor yet have the Seales of the Covenant con…ed upon them, but till then they shall lament after the Lord, as the … did when the Arke had beene long absent, 1 Sam. 7. 2.
Answ. In these Propositions most of all the Congregations of England, except some few following the way of independencie of Church government, though they bee baptized and professe the truth, are brought just to the state of Turkes and Indians willing to heare the Word, or of excommunicated persons, for they and their seede are to want the Scales, their children Bapti…me, themselves the Lords Supper. But 1. how can the … in ordinary rebukes, and excommunication from the S…al… bee exercised upon these who are without, and no Churche as yet? for while they sweare the Covenant, they are not Churches. 2. It is said, godly Preachers must bee sent to them, … th…y … reformed; but why not godly Pastors? because th…ugh these preachers preach unto them, yet exercise they no Pastorall care over them, because they are not yet a visible Church and flocke, and therefore have no more Pastors to care for their soules, then Turkes and Indians, and Preachers have … a Pastorall relation to these, though baptized, and … Christ, then to Indians, Jewes or Turkes, as our brethren teach, & a paterne of such flocks is not hard in the word, where ordinarily the word is preached to a number of people baptized, and yet baptisme denyed to all their seed, and the Lords Supper to themselves. 3. It is the same Covenant the author speaketh of here with the Church Covenant that … and Judah made with God, and which they say essentially constituteth a Church, and hinteth at the Covenant of the Church of Scotland, sworne and subscribed by many thousands ign… rant and prophane, and who never came to such a measure of gracious reformation, as they can testifie their faith and repentance; yet did this nation right in putting all to sweare and enter into a Covenant with God, for Israel, Deut. 29. where there was many who had not eyes to see, eares to heare, and a heart to understand, v. 3. 4. and where there were many rebellious and stiff-hearted, Deut. 31. 27. entered all of them into Covenant with God, Captaines, Elders, Officers, all the men of Israel, Deut. 29. v. 10. Little ones, wives, children, hewers of wood, &c. all which attained not to such a measure of gracious reformation. 2 Chron. 15. 9. all Judah and Benjamin, and the strangers with them out of Ephraim and Manasseh, and out of Simeon, entered into a Covenant with God; who after such Apostasie could not all have attained to that measure of gracious reformation, as to testifie their faith and repentance by prayer, conference, experiences of Gods wayes in their heart and confession, and yet the Author saith oChap. 1. Sect. 1.that there is no colour to conceive this way of entering into Church estate by Covenant, to be peculiar to the pedagogue of the Old Testament. 4. Israels lamenting after the Lord, 1 Sam. 7. 2. was not the repentance of a people, who was not a Church visible, but was onelyonly a people to bee prepared for a Church State, and not fit to receive circumcision and the passoever; as you conceive of the ignorant and prophane in England, which to you are no visible Churches; for Israel at this time was a true visible Church. The rest of the propositions tending to reformation not discussed elsewhere, I acknowledge to be gracious and holy counsells, meet for a reformation. The Lord build his owne Temple in that Land, and fill it with the cloud of his glory.
FINIS.
End of the text · Samuel Rutherford, The Due Right of Presbyteries (1644)