4. Christ hath ordained men of ecclesiastical order, not only “for the work of the ministry,”[971] that is, for preaching the word and ministering the sacraments, for warning and rebuking them who sin, for comforting the afflicted, for confirming the [pg 1-308] weak, &c., but also for providing whatsoever concerneth either the private spiritual good of any member of the church, which the Apostle calleth “the perfecting of the saints,” or the public spiritual good of the whole church, which he calleth the “edifying of the body of Christ,” Eph. iv. 12. Since, therefore, the making of laws about such things, without which the worship of God cannot be orderly nor decently (and so not rightly) performed, concerneth the spiritual good and benefit of the whole church, and of all the members thereof, it followeth that Christ hath committed the power of judging, defining, and making laws about those matters, not to magistrates, but to the ministers of the church.

5. The Apostle, speaking of the church ministers, saith, “Obey them that have the rule over you, and submit yourselves for they watch for your souls as they that must give account,” Heb. xiii. 17. Whence we gather, that in things pertaining to God, and which touch the spiritual benefit of the soul, the ministers of the church ought to give direction, and to be obeyed, as those who, in things of this nature, have the rule over all others of the church (and by consequence over princes also), so that it be in the Lord. And lest this place and power which is given to ministers, should either be abused by themselves to the commanding of what they will, or envied by others, as too great honour and pre-eminence, the Apostle showeth what a painful charge lieth on them, and what a great reckoning they have to make. They watch for your souls, saith he, not only by preaching and warning every one, and by offering up their earnest prayers to God for you, but likewise by taking such care of ecclesiastical discipline, order, and policy, that they must provide and procure whatsoever shall be expedient for your spiritual good, and direct you in what convenient and beseeming manner you are to perform the works of God's worship, as also to avoid and shun every scandal and inconveniency which may hinder your spiritual good. And of these things, whether they have done them or not, they must make account before the judgment seat of the great Bishop of your souls. Surely, if it belong to princes to do fine and ordain what order and policy should be observed in the church, what forms and fashions should be used, for the orderly and right managing of the exercises of God's worship, how scandals and misorders are to [pg 1-309] be shunned, how the church may be most edified, and the spiritual good of the saints best helped and advanced, by wholesome and profitable laws, concerning things which pertain to religion, then must princes take also upon them a great part of that charge of pastors, to watch for the souls of men, and must liberate them from being liable to a reckoning for the same.

Sect. 27. 6. Constantine the Great, Theodosius, both the one and the other, Martianus, Charles the Great, and other Christian princes, when there was any change to be made of ecclesiastical rites, did not, by their own authority, imperiously enjoin the change, but convocate synods for deliberating upon the matter, as Balduine noteth.[972] The great Council of Nice was assembled by Constantine, not only because of the Arian heresy, but, also (as Socrates witnesseth[973]), because of the difference about the keeping of Easter; and though the bishops, when they were assembled, did put up to him libels of accusation, one against another, so that there could be no great hope of their agreement upon fit and convenient laws; yet, notwithstanding, he did not interpone his own definition and decree, for taking up that difference about Easter, only he exhorted the bishops convened in the council to peace, and so commended the whole matter to be judged by them.

7. We have for us the judgment of worthy divines. A notable testimony of Junius we have already cited. Danaeus will not allow princes by themselves to make laws about ecclesiastical rites,[974] but this he will have done by a synod. Porro quod ad ritus, &c. “Furthermore (saith he), for rites and ceremonies, and that external order which is necessary in the administration of the church, let a synod of the church convene, the supreme and godly magistrate both giving commandment for the convening of it, and being present in it; and let that synod of the church lawfully assembled define what should be the order and external regiment of the church. This decree of the ecclesiastical synod shall the godly and supreme magistrate afterward confirm, stablish, and ratify by his edict.” Joh. Wolphius observeth of king Joash,[975] that he did not by himself take order for the reparation [pg 1-310] of the temple, nor define what was to be done unto every breach therein, but committed this matter to be directed and cared for by the priests, whom it chiefly concerned, commanding them to take course for the reparation of the breaches of the house, wheresoever any breach should be found, and allowing them money for the work. Whereupon he further noteth, that as the superior part of man's soul doth not itself hear, see, touch, walk, speak, but commandeth the ears, eyes, hands, feet, and tongue, to do the same; so the magistrate should not himself either teach or make laws, but command that these things be done by the doctors and teachers. Cartwright and Pareus upon Heb. xiii. 17, tell the Papists, that we acknowledge princes are holden to be obedient unto pastors in things that belong unto God, if they rule according to the word, which could not be so, if the making of laws about things pertaining to God and his worship did not of right and due belong unto pastors, but unto princes themselves. Our Second Book of Discipline, chap. 12, ordaineth, “That ecclesiastical assemblies have their place, with power to the kirk to appoint times and places convenient for the same, and all men, as well magistrates as inferiors, to be subject to the judgment of the same in ecclesiastical causes.” Balduine holdeth,[976] that a prince may not by himself enjoin any new ecclesiastical rite, but must convocate a synod for the deliberation and definition of such things. And what mean our writers when they say,[977] that kings have no spiritual but only a civil power in the church? As actions are decerned by the objects, so are powers by the actions: if, therefore, kings do commendably by themselves make laws about things pertaining to God's worship, which is a spiritual action, then have they also a spiritual power in the church; but if they have no spiritual power, that is, no power of spiritual jurisdiction, how can they actually exercise spiritual jurisdiction? That the making of laws about things pertaining to God's worship is an action of spiritual jurisdiction, it needeth no great demonstration; for, 1. When a synod of the church maketh laws about such things, all men know that this is an action of spiritual jurisdiction flowing from that power of spiritual jurisdiction which is called potestas [pg 1-311] διατακτικὴ. And how then can the prince's making of such laws be called an action of civil, not of spiritual jurisdiction? I see not what can be answered, except it be said, that the making of those laws by a synod is an action of spiritual jurisdiction, because they are made and published with the commination of spiritual and ecclesiastical punishments in case of transgression, but the making of them by the prince is an action of jurisdiction only, because he prescribeth and commandeth, under the pain of some temporal loss or punishment. But I have already confuted this answer, because notwithstanding of the different punishments which the one and the other hath power to threaten and inflict, yet, at least, that part of spiritual jurisdiction which we call potestas διατακτικὴ remaineth the same in both, which power of making laws must not (as I show) be confounded with that other power of judging and punishing offenders. 2. Actions take their species or kind from the object and the end, when other circumstances hinder not. Now, a prince's making of laws about things pertaining to religion, is such an action of jurisdiction, as hath both a spiritual end, which is the edification of the church and spiritual good of Christians, and likewise a spiritual object; for that all things pertaining to divine worship, even the very external circumstances of the same, are rightly called things spiritual and divine, not civil or human, our opposites cannot deny, except they say, not only that such things touch the lives, bodies, estates, or names of men, and are not ordained for the spiritual benefit of their souls, but also that the synod of the church, whose power reacheth only to things spiritual, not civil or human, can never make laws about those circumstances which are applied unto, and used in the worship of God; and as the prince's making of laws about things of this nature, is in respect of the object and end, an action of spiritual jurisdiction, so there is no circumstance at all which varieth the kind, or maketh it an action of civil jurisdiction only. If it be said, that the circumstance of the person changeth the kind of the action, so that the making of laws about things pertaining to religion, if they be made by ecclesiastical persons, is an action of spiritual jurisdiction; but if, by the civil magistrate, an action of civil jurisdiction, this were a most extremely unadvised distinction; for so might Uzziah the king have answered [pg 1-312] for himself, 2 Chron. xxvi. 18, that, in burning incense, he did not take upon him to execute the priest's office, because he was only a civil person; so may the Pope say, that he might not take upon him the power of emperors and monarchs, because he is an ecclesiastical person. Many things men do de facto, which they cannot de jure. Civil persons may exercise a spiritual jurisdiction and office, and, again, ecclesiastical persons may exercise a civil jurisdiction de facto, though not de jure. Wherefore the prince's making of laws about things spiritual remaineth still an action of spiritual jurisdiction, except some other thing can be alleged to the contrary, beside the circumstance of the person. But some man, peradventure, will object that a prince, by his civil power, may enjoin and command not only the observation of those ecclesiastical rites which a synod of the church prescribeth, but also that a synod (when need is) prescribe new orders and rites, all which are things spiritual and divine. And why then may he not, by the same civil power, make laws about the rites and circumstances of God's worship, notwithstanding that they are (in their use and application to the actions of worship) things spiritual, not civil.

Ans. The schoolmen say,[978] that an action proceedeth from charity two ways, either elicitive or imperative, and that those actions which are immediately produced and wrought out by charity, belong not to other virtues distinct from charity, but are comprehended under the effects of charity itself, such as are the loving of good and rejoicing for it. Other actions, say they, which are only commanded by charity, belong to other special virtues distinct from charity. So, say I, an action may proceed from a civil power either elicitive or imperative. Elicitive a civil power can only make laws about things civil or human; but imperative it may command the ecclesiastical power to make laws about things spiritual, which laws thereafter it may command to be observed by all who are in the church.

Sect. 28. 8. Our opposites themselves acknowledge no less than that which I have been pleading for. “To devise new rites and ceremonies (saith Dr Bilson[979]), is not the prince's vocation, but to receive and allow such as the Scriptures and canons commend, [pg 1-313] and such as the bishops and pastors of the place shall advise.” And saith not the Bishop of Salisbury,[980] Ceremonias utiles et decoras excogitare, ad ecclesiasticos pertinet; tamen easdem comprobare, et toti populo observandas imponere, ad reges spectat? Camero saith,[981] that it is the part of a prince to take care for the health of men's souls, even as he doth for the health of their bodies, and that as he provideth not for the curing or preventing of bodily diseases directly and by himself, but indirectly and by the physicians, so he should not by himself prescribe cures and remedies for men's spiritual maladies. Perinde principis est curare salutem animarum, ac ejusdem est saluti corporum prospicere: non est autem principis providere ne morbi grassentur directe, esset enim medicus, at indirecte tamen princeps id studere debet. Whence it followeth, that even as when some bodily sickness spreadeth, a prince's part is not to prescribe a cure, but to command the physicians to do it; just so, when any abuse, misorder, confusion, or scandal in the church, requireth or maketh it necessary that a mutation be made of some rite or order in the same, and that wholesome laws be enacted, which may serve for the order, decency, and edification of the church, a prince may not do this by himself, but may only command the pastors and guides of the church, who watch for the souls of men as they who must give account, to see to the exigency of the present state of matters ecclesiastical, and to provide such laws as they, being met together in the name of the Lord, shall, after due and free deliberation, find to be convenient, and which, being once prescribed by them, he shall by his royal authority confirm, establish, and press.

Sect. 29. Needs now it must be manifest, that the lawfulness of our conforming unto the ceremonies in question can be no way warranted by any ordinance of the supreme magistrate, or any power which he hath in things spiritual or ecclesiastical; and if our opposites would ponder the reasons we have given, they should be quickly quieted, understanding that, before the prince's ordinance about the ceremonies can be said to bind us, it must first be showed that they have been lawfully prescribed by [pg 1-314] a synod of the church, so that they must retire and hold them as the church's ordinance. And what needeth any more? Let us once see any lawful ordinance of the synod or church representative for them, we shall, without any more ado, acknowledge it to be out of all doubt that his Majesty may well urge conformity unto the same.

Now, of the church's power we have spoken in the former chapter; and if we had not, yet that which hath been said in this chapter maketh out our point. For it hath been proved, that neither king nor church hath power to command anything which is not according to the rules of the word; that is, which serveth not for the glory of God, which is not profitable for edifying, and which may not be done in faith; unto which rules, whether the things which are commanded us be agreeable or not, we must try and examine by the private judgment of Christian discretion, following the light of God's word.

Sect. 30. Resteth the third distinction, whereof I promised to speak, and that was of ties or bonds. Quoedam obligatio, &c. “Some bond (saith Gerhard[982]) is absolute, when the law bindeth the conscience simply, so that, in no respect, nor in no case, without the offence of God and wound of conscience, one may depart from the prescript thereof; but another bond is hypothetical, when it bindeth not simply, but under a condition, to wit, if the transgression of the law be done of contempt,—if for the cause of lucre or some other vicious end,—if it have scandal joined with it.” The former way, he saith that the law of God and nature bindeth, and that the law of the civil magistrate bindeth the latter way; and with him we hold that whatsoever a prince commandeth his subjects in things any way pertaining to religion, it bindeth only this latter way, and that he hath never power to make laws binding the former way, for confirmation wherefore we say,

1. The laws of an ecclesiastical synod, to the obedience whereof, in things belonging to the worship of God, we are far more strictly tied than to the obedience of any prince in the world, who (as hath been showed) in this sort of things hath not such a vocation nor power to make laws. The laws, I say, of a synod cannot bind absolutely, but only conditionally, or in case [pg 1-315] they cannot be transgressed without violating the law of charity, by contempt showed or scandal given, which, as I have made good in the first part of this dispute, so let me now produce for it a plain testimony of the Bishop of Salisbury,[983] who holdeth that the church's rites and ordinance do only bind in such sort, ut si extra, &c., “That if, out of the case of scandal or contempt, through imprudence, oblivion, or some reasonable cause enforcing, they be omitted, no mortal sin is incurred before God; for as touching these constitutions, I judge the opinion of Gerson to be most true, to wit, that they remain inviolated so long as the law of charity is not by men violated about the same.” Much less, then, can the laws of princes about things spiritual or ecclesiastical bind absolutely, and out of the case of violating the law of charity.