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Chapter XLII: Of Power Ecclesiastical (2)

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The judicial law, that is to say, the laws that God prescribed to the magistrates of Israel for the rule of their administration of justice, and of the sentences or judgments they should pronounce in pleas between man and man; and the Levitical law, that is to say, the rule that God prescribed touching the rites and ceremonies of the priests and Levites, were all delivered to them by Moses only; and therefore also became laws, by virtue of the same promise of obedience to Moses. Whether these laws were then written, or not written, but dictated to the people by Moses, after his being forty days with God in the Mount, by word of mouth, is not expressed in the text; but they were all positive laws, and equivalent to holy Scripture, and made canonical by Moses the civil sovereign.

[Sidenote: The second law.]

After the Israelites were come into the plains of Moab over against Jericho, and ready to enter into the land of promise, Moses to the former laws added divers others; which therefore are called _Deuteronomy_; that is, _second laws_. And are, (as it is written _Deut._ xxix. 1) _the words of a covenant which the Lord commanded Moses to make with the children of Israel, besides the covenant which he made with them in Horeb_. For having explained those former laws, in the beginning of the book of _Deuteronomy_, he addeth others, that begin at the xiith chapter, and continue to the end of the xxvith of the same book. This law (_Deut._ xxvii. 3) they were commanded to write upon great stones plastered over, at their passing over Jordan: this law also was written by Moses himself in a book, and delivered into the hands of the _priests, and to the elders of Israel_ (_Deut._ xxxi. 9), and commanded (verse 26) _to be put in the side of the ark_; for in the ark itself was nothing but the _ten commandments_. This was the law, which Moses (_Deut._ xvii. 18) commanded the kings of Israel should keep a copy of: and this is the law, which having been long time lost, was found again in the temple in the time of Josiah, and by his authority received for the law of God. But both Moses at the writing, and Josiah at the recovery thereof, had both of them the civil sovereignty. Hitherto therefore the power of making Scripture canonical, was in the civil sovereign.

Besides this book of the law, there was no other book, from the time of Moses till after the Captivity, received amongst the Jews for the law of God. For the prophets, except a few, lived in the time of the Captivity itself; and the rest lived but a little before it; and were so far from having their prophecies generally received for laws, as that their persons were persecuted, partly by false prophets, and partly by the kings which were seduced by them. And this book itself, which was confirmed by Josiah for the law of God, and with it all the history of the works of God, was lost in the captivity and sack of the city of Jerusalem, as appears by that of _2 Esdras_, xiv. 21, _thy law is burnt; therefore no man knoweth the things that are done of thee, or the works that shall begin_. And before the captivity, between the time when the law was lost, (which is not mentioned in the Scripture, but may probably be thought to be the time of Rehoboam, when (_1 Kings_ xiv. 26) Shishak, king of Egypt, took the spoil of the temple), and the time of Josiah when it was found again, they had no written word of God, but ruled according to their own discretion, or by the direction of such as each of them esteemed prophets.

[Sidenote: The Old Testament when made canonical.]

From hence we may infer, that the Scriptures of the Old Testament, which we have at this day, were not canonical nor a law unto the Jews, till the renovation of their covenant with God at their return from the captivity, and restoration of their commonwealth under Esdras. But from that time forward they were accounted the law of the Jews, and for such translated into Greek by seventy elders of Judea, and put into the library of Ptolemy at Alexandria, and approved for the word of God. Now seeing Esdras was the high-priest, and the high-priest was their civil sovereign, it is manifest that the Scriptures were never made laws, but by the sovereign civil power.

[Sidenote: The New Testament began to be canonical under Christian
sovereigns.]

By the writings of the fathers that lived in the time before that the Christian religion was received, and authorized by Constantine the emperor, we may find, that the books we now have of the New Testament were held by the Christians of that time, except a few, (in respect of whose paucity the rest were called the Catholic Church, and others heretics), for the dictates of the Holy Ghost, and consequently for the canon or rule of faith: such was the reverence and opinion they had of their teachers; as generally the reverence, that the disciples bear to their first masters in all manner of doctrine they receive from them, is not small. Therefore there is no doubt, but when St. Paul wrote to the Churches he had converted; or any other apostle or disciple of Christ, to those which had then embraced Christ; they received those their writings for the true Christian doctrine. But in that time, when not the power and authority of the teacher, but the faith of the hearer, caused them to receive it, it was not the apostles that made their own writings canonical, but every convert made them so to himself.

But the question here, is not what any Christian made a law or canon to himself, which he might again reject by the same right he received it; but what was so made a canon to them, as without injustice they could not do any thing contrary thereunto. That the New Testament should in this sense be canonical, that is to say a law, in any place where the law of the commonwealth had not made it so, is contrary to the nature of a law. For a law, as has been already shown, is the commandment of that man or assembly, to whom we have given sovereign authority to make such rules for the direction of our actions as he shall think fit, and to punish us when we do any thing contrary to the same. When therefore any other man shall offer unto us any other rules, which the sovereign ruler hath not prescribed, they are but counsel and advice; which, whether good or bad, he that is counselled, may without injustice refuse to observe; and when contrary to the laws already established, without injustice cannot observe, how good soever he conceiveth it to be. I say, he cannot in this case observe the same in his actions, nor in his discourse with other men; though he may without blame believe his private teachers, and wish he had the liberty to practise their advice, and that it were publicly received for law. For internal faith is in its own nature invisible, and consequently exempted from all human jurisdiction; whereas the words and actions that proceed from it, as breaches of our civil obedience, are injustice both before God and man. Seeing then our Saviour hath denied his kingdom to be in this world, seeing he had said, he came not to judge, but to save the world, he hath not subjected us to other laws than those of the commonwealth; that is, the Jews to the law of Moses, which he saith (_Matth._ v. 17) he came not to destroy, but to fulfil; and other nations to the laws of their several sovereigns, and all men to the laws of nature; the observing whereof, both he himself, and his apostles, have in their teaching recommended to us, as a necessary condition of being admitted by him in the last day into his eternal kingdom, wherein shall be protection, and life everlasting. Seeing then our Saviour, and his apostles, left not new laws to oblige us in this world, but new doctrine to prepare us for the next; the books of the New Testament, which contain that doctrine, until obedience to them was commanded by them that God had given power to on earth to be legislators, were not obligatory canons, that is, laws, but only good and safe advice, for the direction of sinners in the way to salvation, which every man might take and refuse at his own peril, without injustice.

Again, our Saviour Christ’s commission to his apostles and disciples, was to proclaim his kingdom, not present, but to come; and to teach all nations, and to baptize them that should believe; and to enter into the houses of them that should receive them, and where they were not received, to shake off the dust of their feet against them; but not to call for fire from heaven to destroy them, nor to compel them to obedience by the sword. In all which there is nothing of power, but of persuasion. He sent them out as sheep unto wolves, not as kings to their subjects. They had not in commission to make laws; but to obey, and teach obedience to laws made; and consequently they could not make their writings obligatory canons, without the help of the sovereign civil power. And therefore the Scripture of the New Testament is there only law, where the lawful civil power hath made it so. And there also the king, or sovereign, maketh it a law to himself; by which he subjecteth himself, not to the doctor or apostle that converted him, but to God himself and his Son Jesus Christ, as immediately as did the apostles themselves.

[Sidenote: Of the power of councils to make the Scriptures law.]

That which may seem to give the New Testament, in respect of those that have embraced Christian doctrine, the force of laws, in the times and places of persecution, is the decrees they made amongst themselves in their synod. For we read (_Acts_ xv. 28) the style of the council of the apostles, the elders, and the whole Church, in this manner; _It seemed good to the Holy Ghost, and to us, to lay upon you no greater burthen than these necessary things, &c_; which is a style that signifieth a power to lay a burthen on them that had received their doctrine. Now _to lay a burthen on another_, seemeth the same as _to oblige_; and therefore the acts of that council were laws to the then Christians. Nevertheless, they were no more laws than are these other precepts, _Repent; be baptized; keep the commandments; believe the gospel; come unto me; sell all that thou hast; give it to the poor_; and, _follow me_; which are not commands, but invitations, and callings of men to Christianity, like that of _Isaiah_ lv. 1; _Ho, every man that thirsteth, come ye to the waters, come, and buy wine and milk without money_. For first, the apostles’ power was no other than that of our Saviour, to invite men to embrace the kingdom of God; which they themselves acknowledged for a kingdom, not present, but to come; and they that have no kingdom, can make no laws. And secondly, if their acts of council were laws, they could not without sin be disobeyed. But we read not any where, that they who received not the doctrine of Christ, did therein sin; but that they died in their sins; that is, that their sins against the laws to which they owed obedience, were not pardoned. And those laws were the laws of nature, and the civil laws of the state, whereto every Christian man had by pact submitted himself. And therefore by the burthen, which the apostles might lay on such as they had converted, are not to be understood laws, but conditions proposed to those that sought salvation; which they might accept or refuse at their own peril, without a new sin, though not without the hazard of being condemned and excluded out of the kingdom of God for their sins past. And therefore of infidels, St. John saith not, the wrath of God shall _come_ upon them, but (_John_ iii. 36) _the wrath of God remaineth upon them_; and not that they shall be condemned, but that (_John_ iii. 18) _they are condemned already_. Nor can it be conceived, that the benefit of faith _is remission of sins_, unless we conceive withal, that the damage of infidelity _is the retention of the same sins_.

But to what end is it, may some man ask, that the apostles, and other pastors of the Church after their time, should meet together to agree upon what doctrine should be taught, both for faith and manners, if no man were obliged to observe their decrees? To this may be answered, that the apostles and elders of that council were obliged even by their entrance into it, to teach the doctrine therein concluded and decreed to be taught, so far forth, as no precedent law, to which they were obliged to yield obedience, was to the contrary; but not that all other Christians should be obliged to observe what they taught. For though they might deliberate what each of them should teach; yet they could not deliberate what others should do, unless their assembly had had a legislative power; which none could have but civil sovereigns. For though God be the sovereign of all the world, we are not bound to take for his law whatsoever is propounded by every man in his name; nor anything contrary to the civil law, which God hath expressly commanded us to obey.

Seeing then the acts of council of the apostles, were then no laws, but counsels; much less are laws the acts of any other doctors or council since, if assembled without the authority of the civil sovereign. And consequently, the Books of the New Testament, though most perfect rules of Christian doctrine, could not be made laws by any other authority than that of kings or sovereign assemblies.

The first council, that made the Scriptures we now have canon, is not extant: for that collection of the canons of the apostles, attributed to Clemens, the first bishop of Rome after St. Peter, is subject to question. For though the canonical books be there reckoned up; yet these words, _sint vobis omnibus clericis et laicis libri venerandi, etc._ contain a distinction of clergy and laity, that was not in use so near St. Peter’s time. The first council for settling the canonical Scripture, that is extant, is that of Laodicea, (_Can._ lix.) which forbids the reading of other books than those in the churches; which is a mandate that is not addressed to every Christian, but to those only that had authority to read any thing publicly in the church; that is, to ecclesiastics only.

[Sidenote: Of the right of constituting ecclesiastical officers in the
time of the apostles.]

Of ecclesiastical officers in the time of the apostles, some were magisterial, some ministerial. Magisterial were the offices of the preaching of the gospel of the kingdom of God to infidels; of administering the sacraments, and divine service; and of teaching the rules of faith and manners to those that were converted. Ministerial was the office of deacons, that is, of them that were appointed to the administration of the secular necessities of the church, at such time as they lived upon a common stock of money, raised out of the voluntary contributions of the faithful.

Amongst the officers magisterial, the first and principal were the apostles; whereof there were at first but twelve; and these were chosen and constituted by our Saviour himself; and their office was not only to preach, teach, and baptize, but also to be martyrs, witnesses of our Saviour’s resurrection. This testimony was the specifical and essential mark, whereby the apostleship was distinguished from other magistracy ecclesiastical; as being necessary for an apostle, either to have seen our Saviour after his resurrection, or to have conversed with him before, and seen his works, and other arguments of his divinity; whereby they might be taken for sufficient witnesses. And therefore at the election of a new apostle in the place of Judas Iscariot, St. Peter saith (_Acts_ i. 21, 22) _Of these men that have companied with us, all the time that the Lord Jesus went in and out amongst us, beginning from the baptism of John unto that same day that he was taken up from us_, must _one be ordained to be a witness with us of his resurrection_: where by this word _must_, is implied a necessary property of an apostle, to have companied with the first and prime apostles, in the time that our Saviour manifested himself in the flesh.

[Sidenote: Matthias made apostle by the congregation.]

The first apostle, of those which were not constituted by Christ in the time he was upon the earth, was Matthias, chosen in this manner. There were assembled together in Jerusalem about one hundred and twenty Christians (_Acts_ i. 15). These (verse 23) appointed two, Joseph the Just and Matthias, and caused lots to be drawn; _and_ (verse 26) _the lot fell on Matthias, and he was numbered with the apostles_. So that here we see the ordination of this apostle was the act of the congregation, and not of St. Peter nor of the eleven, otherwise than as members of the assembly.

[Sidenote: Paul and Barnabas made apostles by the Church of Antioch.]

After him there was never any other apostle ordained, but Paul and Barnabas; which was done as we read (_Acts_ xiii. 1, 2, 3) in this manner. _There were in the Church that was at Antioch, certain prophets and teachers; as Barnabas, and Simeon that was called Niger, and Lucius of Cyrene, and Manaen; which had been brought up with Herod the Tetrarch, and Saul. As they ministered unto the Lord, and fasted, the Holy Ghost said, Separate me Barnabas and Saul for the work whereunto I have called them. And when they had fasted and prayed, and laid their hands on them, they sent them away._

By which it is manifest, that though they were called by the Holy Ghost, their calling was declared unto them and their mission authorized by the particular Church of Antioch. And that this their calling was to the apostleship, is apparent by that, that they are both called (_Acts_ xiv. 14) apostles: and that it was by virtue of this act of the Church of Antioch, that they were apostles, St. Paul declareth plainly (_Rom._ i. 1), in that he useth the word, which the Holy Ghost used at his calling: for he styleth himself, _An apostle separated unto the gospel of God_; alluding to the words of the Holy Ghost, _Separate me Barnabas and Saul, &c._ But seeing the work of an apostle, was to be a witness of the resurrection of Christ, a man may here ask, how St. Paul, that conversed not with our Saviour before his passion, could know he was risen? To which is easily answered, that our Saviour himself appeared to him in the way to Damascus, from heaven, after his ascension; _and chose him for a vessel to bear his name before the Gentiles, and kings, and children of Israel_: and consequently, having seen the Lord after his passion, he was a competent witness of his resurrection. And as for Barnabas, he was a disciple before the passion. It is therefore evident that Paul and Barnabas were apostles; and yet chosen and authorized, not by the first apostles alone, but by the Church of Antioch; as Matthias was chosen and authorized by the Church of Jerusalem.

[Sidenote: What offices in the church are magisterial.]

_Bishop_, a word formed in our language out of the Greek Επισκοπος, signifieth an overseer or superintendent of any business, and particularly a pastor or shepherd; and thence by metaphor was taken, not only amongst the Jews that were originally shepherds, but also amongst the heathen, to signify the office of a king, or any other ruler or guide of people, whether he ruled by laws or doctrine. And so the apostles were the first Christian bishops, instituted by Christ himself: in which sense the apostleship of Judas is called (_Acts_ i. 20) _his bishopric_. And afterwards, when there were constituted elders in the Christian Churches, with charge to guide Christ’s flock by their doctrine and advice; these elders were also called bishops. Timothy was an elder, (which word _elder_, in the New Testament, is a name of office, as well as of age); yet he was also a bishop. And bishops were then content with the title of elders. Nay St. John himself, the apostle beloved of our Lord, beginneth his second Epistle with these words, _The elder to the elect lady_. By which it is evident, that _bishop_, _pastor_, _elder_, _doctor_, that is to say, _teacher_, were but so many divers names of the same office in the time of the apostles; for there was then no government by coercion, but only by doctrine and persuading. The kingdom of God was yet to come, in a new world: so that there could be no authority to compel in any Church, till the commonwealth had embraced the Christian faith: and consequently no diversity of authority, though there were diversity of employments.

Besides these magisterial employments in the Church, namely, apostles, bishops, elders, pastors, and doctors, whose calling was to proclaim Christ to the Jews and infidels, and to direct and to teach those that believed, we read in the New Testament of no other. For by the names of _evangelists_ and _prophets_, is not signified any office, but several gifts, by which several men were profitable to the Church: as evangelists, by writing the life and acts of our Saviour, such as were St. Matthew and St. John apostles, and St. Mark and St. Luke disciples, and whosoever else wrote of that subject, (as St. Thomas, and St. Barnabas are said to have done, though the Church have not received the books that have gone under their names): and as prophets, by the gift of interpreting the Old Testament, and sometimes by declaring their special revelations to the Church. For neither these gifts, nor the gifts of languages, nor the gift of casting out devils, nor of curing other diseases, nor any thing else, did make an officer in the Church, save only the due calling and election to the charge of teaching.

[Sidenote: Ordination of teachers.]

As the apostles, Matthias, Paul, and Barnabas, were not made by our Saviour himself, but were elected by the Church, that is, by the assembly of Christians; namely, Matthias by the Church of Jerusalem, and Paul and Barnabas by the Church of Antioch; so were also the _presbyters_ and _pastors_ in other cities, elected by the Churches of those cities. For proof whereof let us consider, first, how St. Paul proceeded in the ordination of presbyters, in the cities where he had converted men to the Christian faith, immediately after he and Barnabas had received their apostleship. We read (_Acts_ xiv. 23) that _they ordained elders in every Church_; which at first sight may be taken for an argument, that they themselves chose, and gave them their authority: but if we consider the original text, it will be manifest that they were authorized and chosen by the assembly of the Christians of each city. For the words there are, χειροτονήσαντες ἀυτοῖς πρεσβυτέρους κατ’ ἐκκλησίαν, that is, _when they had ordained them elders by the holding up of hands in every congregation_. Now it is well enough known, that in all those cities the manner of choosing magistrates and officers, was by plurality of suffrages; and, because the ordinary way of distinguishing the affirmative votes from the negatives, was by holding up of hands, to ordain an officer in any of the cities, was no more but to bring the people together, to elect them by plurality of votes, whether it were by plurality of elevated hands, or by plurality of voices, or plurality of balls, or beans, or small stones, of which every man cast in one, into a vessel marked for the affirmative or negative; for divers cities had divers customs in that point. It was therefore the assembly that elected their own elders: the apostles were only presidents of the assembly, to call them together for such election, and to pronounce them elected, and to give them the benediction which now is called consecration. And for this cause, they that were presidents of the assemblies, as in the absence of the apostles the elders were, were called προεστῶτες, and in Latin _antistites_; which words signify the principal person of the assembly, whose office was to number the votes, and to declare thereby who was chosen; and where the votes were equal, to decide the matter in question, by adding his own; which is the office of a president in council. And, because all the Churches had their presbyters ordained in the same manner, where the word is _constitute_, (as _Titus_ i. 5) ἵνα καταστησης κατα πόλιν πρεσβυτέρους, _For this cause left I thee in Crete, that thou shouldest constitute elders in every city_, we are to understand the same thing, namely, that he should call the faithful together, and ordain them presbyters by plurality of suffrages. It had been a strange thing, if in a town, where men perhaps had never seen any magistrate otherwise chosen than by an assembly, those of the town becoming Christians should so much as have thought on any other way of election of their teachers and guides, that is to say, of their presbyters, (otherwise called bishops) than this of plurality of suffrages, intimated by St. Paul (_Acts_ xiv. 23) in the word χειροτονήσαντες. Nor was there ever any choosing of bishops, before the emperors found it necessary to regulate them, in order to the keeping of the peace amongst them, but by the assemblies of the Christians in every several town.

The same is also confirmed by the continual practice, even to this day, in the election of the bishops of Rome. For if the bishop of any place had the right of choosing another, to the succession of the pastoral office, in any city, at such times as he went from thence to plant the same in another place; much more had he had the right to appoint his successors in that place, in which he last resided and died: and we find not that ever any bishop of Rome appointed his successor. For they were a long time chosen by the people, as we may see by the sedition raised about the election between _Damasus_ and _Ursicinus_; which Ammianus Marcellinus saith was so great, that _Juventius_ the præfect, unable to keep the peace between them, was forced to go out of the city; and that there were above an hundred men found dead upon that occasion in the church itself. And though they afterwards were chosen, first, by the whole clergy of Rome, and afterwards by the cardinals; yet never any was appointed to the succession by his predecessor. If therefore they pretended no right to appoint their own successors, I think I may reasonably conclude they had no right to appoint the successors of other bishops, without receiving some new power; which none could take from the Church to bestow on them, but such as had a lawful authority, not only to teach, but to command the Church; which none could do, but the civil sovereign.

[Sidenote: Ministers of the Church, what.]

The word _minister_, in the original Διάκονος, signifieth one that voluntarily doth the business of another man; and differeth from a servant only in this, that servants are obliged by their condition, to do what is commanded them; whereas ministers are obliged only by their undertaking, and bound therefore to no more than that they have undertaken: so that both they that teach the word of God, and they that administer the secular affairs of the Church, are both ministers, but they are ministers of different persons. For the pastors of the Church, called (_Acts_ vi. 4) _the ministers of the word_, are ministers of Christ, whose word it is: but the ministry of a deacon, which is called (verse 2 of the same chapter) _serving of tables_, is a service done to the Church or congregation: so that neither any one man, nor the whole church, could ever of their pastor say, he was their minister: but of a deacon, whether the charge he undertook were to serve tables, or distribute maintenance to the Christians, when they lived in each city on a common stock or upon collections, as in the first times, or to take a care of the house of prayer, or of the revenue, or other worldly business of the Church, the whole congregation might properly call him their minister.

For their employment, as deacons, was to serve the congregation; though upon occasion they omitted not to preach the gospel, and maintain the doctrine of Christ, every one according to his gifts, as St. Stephen did; and both to preach and baptize, as Philip did. For that Philip, which (_Acts_ viii. 5) preached the gospel at Samaria, and (verse 38) baptized the Eunuch, was Philip the deacon, not Philip the apostle. For it is manifest (verse 1) that when Philip preached in Samaria, the apostles were at Jerusalem, and (verse 14) _when they heard that Samaria had received the word of God, sent Peter and John to them_; by imposition of whose hands, they that were baptized (verse 15), received, which before by the baptism of Philip they had not received, the Holy Ghost. For it was necessary for the conferring of the Holy Ghost, that their baptism should be administered or confirmed by a minister of the word, not by a minister of the Church. And therefore to confirm the baptism of those that Philip the deacon had baptized, the apostles sent out of their own number from Jerusalem to Samaria, Peter and John; who conferred on them that before were but baptized, those graces that were signs of the Holy Spirit, which at that time did accompany all true believers; which what they were may be understood by that which St. Mark saith (chap. xvi. 17), _these signs follow them that believe in my name; they shall cast out devils; they shall speak with new tongues; they shall take up serpents; and if they drink any deadly thing, it shall not hurt them; they shall lay hands on the sick, and they shall recover_. This to do, was it that Philip could not give; but the apostles could, and, as appears by this place, effectually did to every man that truly believed and was by a minister of Christ himself baptized: which power either Christ’s ministers in this age cannot confer, or else there are very few true believers, or Christ hath very few ministers.

[Sidenote: And how chosen.]

That the first deacons were chosen, not by the apostles, but by a congregation of the disciples, that is, of Christian men of all sorts, is manifest out of _Acts_ vi, where we read that the _Twelve_, after the number of disciples was multiplied, called them together, and having told them, that it was not fit that the apostles should leave the word of God and serve tables, said unto them, (verse 3) _Brethren, look you out among you seven men of honest report, full of the Holy Ghost and of wisdom, whom we may appoint over this business_. Here it is manifest, that though the apostles declared them elected; yet the congregation chose them; which also (verse 5) is more expressly said, where it is written, that _the saying pleased the whole multitude, and they chose seven, &c._

[Sidenote: Of ecclesiastical revenue, under the law of Moses.]

Under the Old Testament, the tribe of Levi were only capable of the priesthood, and other inferior offices of the Church. The land was divided amongst the other tribes, Levi excepted, which, by the subdivision of the tribe of Joseph into Ephraim and Manasseh, were still twelve. To the tribe of Levi were assigned certain cities for their habitation, with the suburbs for their cattle: but for their portion, they were to have the tenth of the fruits of the land of their brethren. Again, the priests for their maintenance had the tenth of that tenth, together with part of the oblations and sacrifices. For God had said to Aaron (_Numb._ xviii. 20) _Thou shalt have no inheritance in their land; neither shalt thou have any part amongst them; I am thy part and thine inheritance amongst the children of Israel_. For God being then king, and having constituted the tribe of Levi to be his public ministers, he allowed them for their maintenance the public revenue, that is to say, the part that God had reserved to himself; which were tithes and offerings: and that is it which is meant, where God saith, _I am thine inheritance_. And therefore to the Levites might not unfitly be attributed the name of _clergy_, from κλῆρος, which signifieth lot or inheritance; not that they were heirs of the kingdom of God, more than other; but that God’s inheritance was their maintenance. Now, seeing in this time God himself was their king, and Moses, Aaron, and the succeeding high-priests, were his lieutenants; it is manifest, that the right of tithes and offerings was constituted by the civil power.

After their rejection of God in the demanding of a king, they enjoyed still the same revenue; but the right thereof was derived from that, that the kings did never take it from them: for the public revenue was at the disposing of him that was the public person; and that, till the Captivity, was the king. And again, after the return from the Captivity, they paid their tithes as before to the priest. Hitherto therefore Church livings were determined by the civil sovereign.

[Sidenote: In our Saviour’s time, and after.]

Of the maintenance of our Saviour and his apostles, we read only they had a purse, which was carried by Judas Iscariot; and that of the apostles, such as were fishermen did sometimes use their trade; and that when our Saviour sent the twelve apostles to preach, he forbad them (_Matth._ x. 9, 10): _to carry gold, and silver, and brass in their purses, for that the workman is worthy of his hire_. By which it is probable, their ordinary maintenance was not unsuitable to their employment; for their employment was (verse 8) _freely to give, because they had freely received_; and their maintenance was the _free gift_ of those that believed the good tiding they carried about of the coming of the Messiah their Saviour. To which we may add, that which was contributed out of gratitude by such as our Saviour had healed of diseases; of which are mentioned (_Luke_ viii. 2, 3) _Certain women which had been healed of evil spirits and infirmities; Mary Magdalen, out of whom went seven devils; and Joanna the wife of Chuza, Herod’s steward, and Susanna, and many others, which ministered unto him of their substance_.

After our Saviour’s ascension, the Christians of every city lived in common (_Acts_ iv. 34,35) upon the money which was made of the sale of their lands and possessions, and laid down at the feet of the apostles, of good will, not of duty; for, _whilst the land remained_, saith St. Peter to Ananias (_Acts_ v. 4), _was it not thine? and after it was sold, was it not in thy power?_ which sheweth he needed not have saved his land nor his money by lying, as not being bound to contribute any thing at all, unless he had pleased. And as in the time of the apostles, so also all the time downward, till after Constantine the Great, we shall find that the maintenance of the bishops and pastors of the Christian Church was nothing but the voluntary contribution of them that had embraced their doctrine. There was yet no mention of tithes: but such was in the time of Constantine and his sons the affection of Christians to their pastors, as Ammianus Marcellinus saith, describing the sedition of Damasus and Ursicinus about the bishopric, that it was worth their contention, in that the bishops of those times, by the liberality of their flock, and especially of matrons, lived splendidly, were carried in coaches, and were sumptuous in their fare and apparel.

[Sidenote: The ministers of the Gospel lived on the benevolence of their
flocks.]

But here may some ask, whether the pastors were then bound to live upon voluntary contribution, as upon alms; _For who_, saith St. Paul (_1 Cor._ ix. 7) _goeth to war at his own charges? or who feedeth a flock, and eateth not of the milk of the flock?_ And again, (verse 13) _Do ye not know that they which minister about holy things, live of the things of the temple; and they which wait at the altar, partake with the altar_; that is to say, have part of that which is offered at the altar for their maintenance? And then he concludeth, (verse 14) _Even so hath the Lord appointed, that they which preach the gospel should live of the gospel_. From which place may be inferred indeed, that the pastors of the Church ought to be maintained by their flocks; but not that the pastors were to determine, either the quantity, or the kind of their own allowance, and be, as it were, their own carvers. Their allowance must needs therefore be determined, either by the gratitude and liberality of every particular man of their flock, or by the whole congregation. By the whole congregation it could not be, because their acts were then no laws; therefore the maintenance of pastors before emperors and civil sovereigns had made laws to settle it, was nothing but benevolence. They that served at the altar lived on what was offered. So may the pastors also take what is offered them by their flock; but not exact what is not offered. In what court should they sue for it, who had no tribunals? Or, if they had arbitrators amongst themselves, who should execute their judgments, when they had no power to arm their officers? It remaineth, therefore, that there could be no certain maintenance assigned to any pastors of the Church, but by the whole congregation; and then only, when their decrees should have the force, not only of _canons_, but also of _laws_; which laws could not be made, but by emperors, kings, or other civil sovereigns. The right of tithes in Moses’ law, could not be applied to the then ministers of the gospel; because Moses and the high-priests were the civil sovereigns of the people under God, whose kingdom amongst the Jews was present; whereas the kingdom of God by Christ is yet to come.

Hitherto hath been shewn what the pastors of the Church are; what are the points of their commission, as that they were to preach, to teach, to baptize, to be presidents in their several congregations; what is ecclesiastical censure, viz. excommunication, that is to say, in those places where Christianity was forbidden by the civil laws, a putting of themselves out of the company of the excommunicate, and where Christianity was by the civil law commanded, a putting the excommunicate out of the congregations of Christians; who elected the pastors and ministers of the Church, that it was the congregation; who consecrated and blessed them, that it was the pastor; what was their due revenue, that it was none but their own possessions, and their own labour, and the voluntary contributions of devout and grateful Christians. We are to consider now, what office in the Church those persons have, who being civil sovereigns, have embraced also the Christian faith.

[Sidenote: That the civil sovereign, being a Christian, hath the right
of appointing pastors.]

And first, we are to remember, that the right of judging what doctrines are fit for peace, and to be taught the subjects, is in all commonwealths inseparably annexed, as hath been already proved (chapter XVIII.), to the sovereign power civil, whether it be in one man, or in one assembly of men. For it is evident to the meanest capacity, that men’s actions are derived from the opinions they have of the good or evil, which from those actions redound unto themselves; and consequently, men that are once possessed of an opinion, that their obedience to the sovereign power will be more hurtful to them than their disobedience, will disobey the laws, and thereby overthrow the commonwealth, and introduce confusion and civil war; for the avoiding whereof, all civil government was ordained. And therefore in all commonwealths of the heathen, the sovereigns have had the name of pastors of the people, because there was no subject that could lawfully teach the people, but by their permission and authority.

This right of the heathen kings cannot be thought taken from them by their conversion to the faith of Christ; who never ordained that kings, for believing in him, should be deposed, that is, subjected to any but himself, or, which is all one, be deprived of the power necessary for the conservation of peace amongst their subjects, and for their defence against foreign enemies. And therefore Christian kings are still the supreme pastors of their people, and have power to ordain what pastors they please, to teach the Church, that is, to teach the people committed to their charge.

Again, let the right of choosing them be, as before the conversion of kings, in the Church; for so it was in the time of the apostles themselves, as hath been shown already in this chapter; even so also the right will be in the civil sovereign, Christian. For in that he is a Christian, he allows the teaching; and in that he is the sovereign, which is as much as to say, the Church by representation, the teachers he elects are elected by the Church. And when an assembly of Christians choose their pastor in a Christian commonwealth, it is the sovereign that electeth him, because it is done by his authority; in the same manner, as when a town choose their mayor, it is the act of him that hath the sovereign power: for every act done, is the act of him, without whose consent it is invalid. And therefore whatsoever examples may be drawn out of history, concerning the election of pastors by the people, or by the clergy, they are no arguments against the right of any civil sovereign, because they that elected them did it by his authority.

Seeing then in every Christian commonwealth, the civil sovereign is the supreme pastor, to whose charge the whole flock of his subjects is committed, and consequently that it is by his authority that all other pastors are made, and have power to teach, and perform all other pastoral offices; it followeth also, that it is from the civil sovereign that all other pastors derive their right of teaching, preaching, and other functions pertaining to that office, and that they are but his ministers; in the same manner as the magistrates of towns, judges in courts of justice, and commanders of armies, are all but ministers of him that is the magistrate of the whole commonwealth, judge of all causes, and commander of the whole militia, which is always the civil sovereign. And the reason hereof, is not because they that teach, but because they that are to learn, are his subjects. For let it be supposed, that a Christian king commit the authority of ordaining pastors in his dominions to another king, as divers Christian kings allow that power to the Pope; he doth not thereby constitute a pastor over himself, nor a sovereign pastor over his people; for that were to deprive himself of the civil power; which, depending on the opinion men have of their duty to him and the fear they have of punishment in another world, would depend also on the skill and loyalty of doctors, who are no less subject, not only to ambition, but also to ignorance, than any other sort of men. So that where a stranger hath authority to appoint teachers, it is given him by the sovereign in whose dominions he teacheth. Christian doctors are our schoolmasters to Christianity; but kings are fathers of families, and may receive schoolmasters for their subjects from the recommendation of a stranger, but not from the command; especially when the ill teaching them shall redound to the great and manifest profit of him that recommends them: nor can they be obliged to retain them, longer than it is for the public good; the care of which they stand so long charged withal, as they retain any other essential right of the sovereignty.

[Sidenote: The pastoral authority of sovereigns only is _jure divino_;
that of other pastors is _jure civili_.]

If a man therefore should ask a pastor, in the execution of his office, as the chief-priests and elders of the people (_Matth._ xxi. 23) asked our Saviour, _By what authority doest thou these things, and who gave thee this authority?_ he can make no other just answer, but that he doth it by the authority of the commonwealth, given him by the king, or assembly that representeth it. All pastors, except the supreme, execute their charges in the right, that is by the authority of the civil sovereign, that is, _jure civili_. But the king, and every other sovereign, executeth his office of supreme pastor by immediate authority from God, that is to say, in _God’s right_ or _jure divino_. And therefore none but kings can put into their titles a mark of their submission to God only, _Dei gratiâ rex_, &c. Bishops ought to say in the beginning of their mandates, _By the favour of the King’s Majesty, bishop of such a diocese_; or as civil ministers, _in His Majesty’s name_. For in saying, _Divinâ providentiâ_, which is the same with _Dei gratiâ_, though disguised, they deny to have received their authority from the civil state; and slily slip off the collar of their civil subjection, contrary to the unity and defence of the commonwealth.

[Sidenote: Christian kings have power to execute all manner of pastoral
function.]

But if every Christian sovereign be the supreme pastor of his own subjects, it seemeth that he hath also the authority, not only to preach, which perhaps no man will deny, but also to baptize and to administer the sacrament of the Lord’s Supper: and to consecrate both temples and pastors to God’s service; which most men deny; partly because they use not to do it, and partly because the administration of sacraments, and consecration of persons and places to holy uses, requireth the imposition of such men’s hands, as by the like imposition successively from the time of the apostles have been ordained to the like ministry. For proof therefore that Christian kings have power to baptize, and to consecrate, I am to render a reason, both why they use not to do it, and how, without the ordinary ceremony of imposition of hands, they are made capable of doing it when they will.

There is no doubt but any king, in case he were skilful in the sciences, might by the same right of his office read lectures of them himself, by which he authorizeth others to read them in the universities. Nevertheless, because the care of the sum of the business of the commonwealth taketh up his whole time, it were not convenient for him to apply himself in person to that particular. A king may also, if he please, sit in judgment to hear and determine all manner of causes, as well as give others authority to do it in his name; but that the charge, that lieth upon him of command and government, constrain him to be continually at the helm, and to commit the ministerial offices to others under him. In the like manner our Saviour, who surely had power to baptize, baptized none (_John_ iv. 2) himself, but sent his apostles and disciples to baptize. So also St. Paul, by the necessity of preaching in divers and far distant places, baptized few: amongst all the Corinthians he baptized only (_1 Cor._ i. 14, 16,) Crispus, Gaius, and Stephanas; and the reason was, (_1 Cor._ i. 17) because his principal charge was to preach. Whereby it is manifest, that the greater charge, such as is the government of the Church, is a dispensation for the less. The reason therefore why Christian kings use not to baptize, is evident, and the same for which at this day there are few baptized by bishops, and by the Pope fewer.

And as concerning imposition of hands, whether it be needful for the authorising of a king to baptize and consecrate, we may consider thus:

Imposition of hands, was a most ancient public ceremony amongst the Jews, by which was designed, and made certain, the person, or other thing intended in a man’s prayer, blessing, sacrifice, consecration, condemnation, or other speech. So Jacob, in blessing the children of Joseph (_Gen._ xlviii. 14), _Laid his right hand on Ephraim the younger, and his left hand on Manasseh the first born_; and this he did _wittingly_ (though they were so presented to him by Joseph, as he was forced in doing it to stretch out his arms across) to design to whom he intended the greater blessing. So also in the sacrificing of the burnt offering, Aaron is commanded (_Exod._ xxix. 10) _to lay his hands on the head of the bullock_: and (verse 15) _to lay his hand on the head of the ram_. The same is also said again _Levit._ i. 4, and viii. 14. Likewise Moses, when he ordained Joshua to be captain of the Israelites, that is, consecrated him to God’s service, (_Numb._ xxvii. 23) _Laid his hands upon him, and gave him his charge_, designing and rendering certain, who it was they were to obey in war. And in the consecration of the Levites (_Numb._ viii. 10), God commanded that _the children of Israel should put their hands upon the Levites_. And in the condemnation of him that had blasphemed the Lord (_Levit._ xxiv. 14), God commanded that _all that heard him should lay their hands on his head, and that all the congregation should stone him_. And why should they only that heard him, lay their hands upon him, and not rather a priest, Levite, or other minister of justice, but that none else were able to design and to demonstrate to the eyes of the congregation, who it was that had blasphemed and ought to die? And to design a man or any other thing, by the hand to the eye, is less subject to mistake, than when it is done to the ear by a name.

And so much was this ceremony observed, that in blessing the whole congregation at once, which cannot be done by laying on of hands, yet Aaron (_Levit._ ix. 22) _did lift up his hands toward the people when he blessed them_. And we read also of the like ceremony of consecration of temples amongst the heathen, as that the priest laid his hands on some post of the temple, all the while he was uttering the words of consecration. So natural it is to design any individual thing, rather by the hand, to assure the eyes, than by words to inform the ear, in matters of God’s public service.

This ceremony was not therefore new in our Saviour’s time. For Jairus (_Mark_ v. 23), whose daughter was sick, besought our Saviour, not to heal her, but _to lay his hands upon her that she might be healed_. And (_Matthew_ xix. 13) _they brought unto him little children, that he should put his hands on them, and pray_.

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The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)Chapter XLII: Of Power Ecclesiastical (2)

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