21. It follows what hath been already said by necessary connexion, that a city of Christian men and a Church is altogether the same thing, of the same men, termed by two names, for two causes. For the matter of a city and a Church is one, to wit, the same Christian men. And the form, which consists in a lawful power of assembling them, is the same too; for it is manifest that every subject is obliged to come thither, whither he is summoned by his city. Now that which is called a city, as it is made up of men, the same, as it consists of Christians, is styled a Church.

Many cities do not constitute one Church.

22. This too is very coherent with the same points: if there be many Christian cities, they are not altogether personally one Church. They may indeed by mutual consent become one Church, but no otherwise than as they must also become one city. For they cannot assemble but at some certain time, and to some place appointed. But persons, places, and times, belong to civil right; neither can any subject or stranger lawfully set his foot on any place, but by the permission of the city, which is lord of the place. But the things which cannot lawfully be done but by the permission of the city, those, if they be lawfully done, are done by the city’s authority. The universal Church is indeed one mystical body, whereof Christ is the head; but in the same manner that all men together, acknowledging God for the ruler of the world, are one kingdom and one city; which notwithstanding is neither one person, nor hath it one common action or determination. Furthermore, where it is said that Christ is the head of his body the Church, it manifestly appears that that was spoken by the Apostle of the elect; who, as long as they are in this world, are a Church only in potentia; but shall not actually be so before they be separated from the reprobate, and gathered together among themselves in the day of judgment. The Church of Rome of old was very great, but she went not beyond the bounds of her empire, and therefore neither was she universal; unless it were in that sense, wherein it was also said of the city of Rome, Orbem jam totum victor Romanus habebat; when as yet he had not the twentieth part of it. But after that the civil empire was divided into parts, the single cities thence arising were so many Churches: and that power which the Church of Rome had over them, might perhaps wholly depend on the authority of those Churches, who having cast off the emperors, were yet content to admit the doctors of Rome.

Who are clergymen.

23. They may be called churchmen, who exercise a public office in the Church. But of offices, there was one a ministery, another a maistery. The offices of the ministers, was to serve tables, to take care of the temporal goods of the Church, and to distribute, at that time when all propriety of riches being abolished they were fed in common, to each man his portion. The maisters, according to their order, were called some apostles, some bishops, some presbyters, that is to say, elders; yet not so, as that by the name of presbyter, the age, but the office might be distinguished. For Timothy was a presbyter, although a young man. But because for the most part the elders were received into the maistership, the word, denoting age, was used to signify the office. The same maisters, according to the diversity of their employments, were called some of them apostles, some prophets, some evangelists, some pastors or teachers. And the apostolical work indeed was universal; the prophetical, to declare their own revelations in the Church; the evangelical, to preach or to be publishers of the gospel among the infidels; that of the pastors, to teach, confirm, and rule the minds of those who already believed.

The election of churchmen belongs to the Church; their consecration to the pastors.

24. In the election of churchmen two things are to be considered; the election of the persons, and their consecration or institution, which also is called ordination. The first twelve apostles Christ himself both elected and ordained. After Christ’s ascension, Matthias was elected in the room of Judas the traitor; the Church, which at that time consisted of a congregation of about one hundred and twenty men, choosing two men: and they appointed two, Joseph and Matthias: but God himself by lot approving of Matthias. And St. Paul calls these twelve the first and great apostles; also the apostles of the circumcision. Afterward were added two other apostles, Paul and Barnabas; ordained indeed by the doctors and prophets of the Church of Antioch (which was a particular Church) by the imposition of hands; but elected by the command of the Holy Ghost. That they were both apostles, is manifest in Acts xiii. 2, 3. That they received their apostleship from hence, namely, because they were separated, by command of the spirit, for the work of God from the rest of the prophets and doctors of the Church of Antioch, St. Paul himself shows; who calls himself, for distinction sake (Rom. i. 1), an apostle separated unto the Gospel of God. But if it be demanded further, by what authority it came to pass, that that was received for the command of the Holy Ghost, which those prophets and doctors did say proceeded from him; it must necessarily be answered, by the authority of the Church of Antioch. For the prophets and doctors must be examined by the Church, before they be admitted. For St. John (1 Epist. iv. 1) saith: Believe not every spirit; but try the spirits, whether they are of God; because many false prophets are gone out into the world. But by what Church, but that to which that epistle was written? In like manner St. Paul (Gal. ii. 14) reproves the Churches of Galatia, because they Judaized; although they seemed to do so by the authority of Peter. For when he had told them, that he had reprehended Peter himself in these words: If thou being a Jew, livest after the manner of Gentiles, and not as do the Jews; why compellest thou the Gentiles to live as do the Jews: not long after he questions them, saying (Gal. iii. 2): This only would I learn of you: received ye the Spirit by the works of the law, or by the hearing of faith? Where it is evident, that it was Judaism which he reprehended the Galatians for, notwithstanding that the apostle Peter compelled them to Judaize. Seeing therefore it belonged to the Church, and not to Peter, and therefore also not to any man, to determine what doctors they should follow; it also pertained to the authority of the Church of Antioch, to elect their prophets and doctors. Now, because the Holy Ghost separated to himself the apostles Paul and Barnabas by the imposition of hands from doctors thus elected, it is manifest, that imposition of hands and consecration of the prime doctors in each Church, belongs to the doctors of the same Church. But bishops, who were also called presbyters, although all presbyters were not bishops, were ordained sometimes by apostles; for Paul and Barnabas, when they had taught in Derbe, Lystra, and Iconium, ordained elders in every Church (Acts xiv. 23): sometimes by other bishops; for Titus was by Paul left in Crete, that he should ordain elders in every city (Tit. i. 5). And Timothy was advised (1 Tim. iv. 14) Not to neglect the gift that was in him, which was given him by prophecy with the laying on of the hands of the presbytery. And he had rules given him concerning the election of presbyters. But that cannot be understood otherwise, than of the ordination of those who were elected by the Church; for no man can constitute a doctor in the Church, but by the Church’s permission. For the duty of the apostles themselves was not to command, but to teach. And although they who were recommended by the apostles or presbyters, were not rejected, for the esteem that was had of the recommenders; yet seeing they could not be elected without the will of the Church, they were also supposed elected by the authority of the Church. In like manner ministers, who are called deacons, were ordained by the apostles; yet elected by the Church. For when the seven deacons were to be elected and ordained, the apostles elected them not: but, look ye out, say they (Acts vi. 3, 5, 6), among you, brethren, seven men of honest report, &c.: and they chose Stephen, &c.: and they set them before the apostles. It is apparent therefore by the custom of the primitive Church under the apostles, that the ordination or consecration of all churchmen, which is done by prayer and imposition of hands, belonged to the apostles and doctors; but the election of those who were to be consecrated, to the Church.

The power of remitting sins to the penitent, and retaining those of the impenitent, belongs to the pastors; but judgment of the repentance, to the Church.

25. Concerning the power of binding and loosing, that is to say, of remitting and retaining of sins; there is no doubt but it was given by Christ to the pastors then yet for to come, in the same manner as it was to the present apostles. Now the apostles had all the power of remitting of sins given them, which Christ himself had. As the Father hath sent me, says Christ, (John xx. 21), so send I you; and he adds (verse 23[verse 23]): Whose soever sins ye remit, they are remitted; and whose soever sins ye retain, they are retained. But what binding and loosing, or remitting and retaining of sins, is, admits of some scruple. For first, to retain his sins, who being baptized into remission of sins, is truly penitent, seems to be against the very covenant itself of the New Testament; and therefore could not be done by Christ himself, much less by his pastors. And to remit the impenitent, seems to be against the will of God the Father, from whom Christ was sent to convert the world and to reduce men unto obedience. Furthermore, if each pastor had an authority granted him to remit and retain sins in this manner, all awe of princes and civil magistrates, together with all kind of civil government would be utterly destroyed. For Christ hath said it, nay even nature itself dictates, that we should not fear them who slay the body, but cannot kill the soul; but rather fear him, who can cast both soul and body into hell (Matth. x. 28). Neither is any man so mad, as not to choose to yield obedience rather to them who can remit and retain their sins, than to the powerfulest kings. Nor yet on the other side is it to be imagined, that remission of sins is nothing else but an exemption from ecclesiastical punishments. For what evil hath excommunication in it, beside the eternal pains which are consequent to it? Or what benefit is to be received into the Church, if there were salvation out of it? We must therefore hold, that pastors have power truly and absolutely to forgive sins; but to the penitent: and to retain them; but of the impenitent. But while men think that to repent, is nothing else, but that every one condemn his actions and change those counsels which to himself seem sinful and blameable; there is an opinion risen, that there may be repentance before any confession of sins to men, and that repentance is not an effect, but a cause of confession. And thence the difficulty of those, who say that the sins of the penitent are already forgiven in baptism, and theirs[theirs] who repent not, cannot be forgiven at all, is against Scripture, and contrary to the words of Christ, whose soever sins ye remit, &c. We must therefore, to resolve this difficulty, know in the first place, that a true acknowledgment of sin is repentance. For he that knows he hath sinned, knows he hath erred; but to will an error, is impossible; therefore he that knows he hath sinned, wishes he had not done it; which is to repent. Further, where it may be doubtful whether that which is done be a sin or not, we must consider, that repentance doth not precede confession of sins, but is subsequent to it: for there is no repentance but of sins acknowledged. The penitent therefore must both acknowledge the fact, and know it to be a sin, that is to say, against the law. If a man therefore think, that what he hath done is not against the law, it is impossible he should repent of it. Before repentance therefore, it is necessary there be an application of the facts unto the law. But it is in vain to apply the facts unto the law without an interpreter: for not the words of the law, but the sentence of the law-giver is the rule of men’s actions. But surely either one man, or some men are the interpreters of the law; for every man is not judge of his own fact, whether it be a sin or not. Wherefore the fact, of which we doubt whether it be a sin or not, must be unfolded before some man or men; and the doing of this is confession. Now when the interpreter of the law hath judged the fact to be a sin, if the sinner submit to his judgment and resolve with himself not to do so any more, it is repentance; and thus, either it is not true repentance, or else it is not antecedent, but subsequent to confession. These things being thus explained, it is not hard to understand what kind of power that of binding and loosing is. For seeing in remission of sins there are two things considerable; one, the judgment or condemnation whereby the fact is judged to be a sin; the other, when the party condemned does acquiesce and obey the sentence, that is to say, repents, the remission of the sin; or, if he repent not, the retention: the first of these, that is to say, the judging whether it be a sin or not, belongs to the interpreter of the law, that is, the sovereign judge; the second, namely, remission or retention of the sin, to the pastor; and it is that, concerning which the power of binding and loosing is conversant. And that this was the true meaning of our Saviour Christ in the institution of the same power, is apparent in Matth. xviii. 15-18, thus. He there speaking to his disciples, says: If thy brother sin against thee, go and tell him his fault between him and thee alone. Where we must observe by the way, that if thy brother sin against thee, is the same with, if he do thee injury; and therefore Christ spake of those matters which belonged to the civil tribunal. He adds; if he hear thee not, (that is to say, if he deny that he hath done it, or if having confessed the fact, he denies it to be unjustly done), take with thee yet one or two; and if he refuse to hear them, tell it to the Church. But why to the Church, except that she might judge whether it were a sin or not? But if he refuse to hear the Church; that is, if he do not submit to the Church’s sentence, but shall maintain that to be no sin, which she judges to be a sin; that is to say, if he repent not; (for certain it is, that no man repents himself of the action which he conceives not to be a sin); he saith not, Tell it to the apostles; that we might know that the definitive sentence in the question, whether it were a sin or not, was not left unto them; but to the Church. But let him be unto thee, says he, as an heathen, or publican; that is, as one out of the Church, as one that is not baptized, that is to say, as one whose sins are retained. For all Christians were baptized into remission of sins. But because it might have been demanded, who it was that had so great a power, as that of withholding the benefit of baptism from the impenitent; Christ shows that the same persons, to whom he had given authority to baptize the penitent into the remission of sins, and to make them of heathen men Christians, had also authority to retain their sins who by the Church should be adjudged to be impenitent, and to make them of Christian men heathens: and therefore presently subjoins: Verily I say unto you, whose soever sins ye shall bind upon earth, they shall be bound also in heaven; and whose soever sins ye shall loose upon earth, they shall be loosed also in heaven. Whence we may understand, that the power of binding and loosing, or of remitting and retaining of sins, which is called in another place the power of the keys, is not different from the power given in another place in these words (Matth. xxviii. 19): Go, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost. And even as the pastors cannot refuse to baptize him whom the Church judges worthy, so neither can they retain his sins whom the Church holds fitting to be absolved, nor yet remit his sins whom the Church pronounceth disobedient. And it is the Church’s part to judge of the sin, the pastor’s to cast out or to receive into the Church those that are judged. Thus St. Paul to the Church of Corinth (1 Cor. v. 12): Do not ye judge, saith he, of those that are within? Yet he himself pronounced the sentence of excommunication against the incestuous person. I indeed, saith he (verse 3), as absent in body, but present in Spirit, &c.

What excommunication is, and on whom it cannot pass.