Part 20 (2/2)
And why then may he not, by the same civil power, make laws about the rites and circ.u.mstances of G.o.d's wors.h.i.+p, notwithstanding that they are (in their use and application to the actions of wors.h.i.+p) 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, 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 gra.s.sentur 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 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 G.o.d, 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 G.o.d'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 G.o.d 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 G.o.d 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 wors.h.i.+p of G.o.d, 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 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 G.o.d; for as touching these const.i.tutions, 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.
2. If we be not bound to receive and acknowledge the laws of princes as good and equitable, except only in so far as they are warranted by the law of G.o.d and nature, then we are not bound in conscience to obey them, except only conditionally, in case the violating of them include the violating of the law of G.o.d and nature; but the former is true, therefore the latter. It is G.o.d's peculiar sovereignty, that his will is a rule ruling, but not ruled, and that therefore a thing is good because G.o.d will have it to be good. Man's will is only such a rule as is ruled by higher rules, and it must be known to be _norma recta_ before it can be to us _norma recti_.
3. If we be bound to try and examine, by the judgment of discretion (following the rules of the word), whether the things which princes command be right, and such as ought to be done; and if we find them not to be such, to neglect them, then their laws cannot bind absolutely and by themselves, (else what need were there of such trial and examination?) but only conditionally, and in case they cannot be neglected without violating some other law, which is of a superior bond. But the former we have proved by strong reasons, therefore the latter standeth sure.
4. If neither princes may command, nor we do anything which is not lawful and expedient, and according to the other rules of the word, then the laws of princes bind not absolutely, but only in case the neglecting of them cannot stand with the law of charity and the rules of the word; but the former hath been evinced and made good, therefore the latter necessarily followeth.
5. If the laws of princes could bind absolutely and simply, so that in no case, without offending G.o.d and wounding our conscience, we could neglect them, this bond should arise either from their own authority, or from the matter and thing itself which is commanded, but from neither of these it can arise, therefore from nothing. It cannot arise from any authority which they have, for if, by their authority, we mean their princely pre-eminence and dignity, they are princes when they command things unlawful as well as when they command things lawful, and so if, because of their pre-eminence their laws do bind, then their unlawful ordinances do bind no less than if they were lawful; but if by their authority we mean the power which they have of G.o.d to make laws, this power is not absolute (as hath been said) but limited; therefore from it no absolute bond can arise, but this much at the most, that ”kings on earth must be obeyed,(984) so far as they command in Christ.”
Neither yet can the bond be absolute in respect of the thing itself which is commanded.
When princes publish the commandments of G.o.d, the things themselves bind whether they should command them or not, but we speak of such things as G.o.d's word hath left in their nature indifferent, and of such things we say, that if being enjoined by princes they did absolutely bind, then they should be in themselves immutably necessary, even secluding as well the laws of princes which enjoin them, as the end of order, decency, and edification, whereunto they are referred. To say no more, hath not Dr Forbesse told us in Calvin's words,(985) _Notatu dignum_, &c.? ”It is worthy of observation, that human laws, whether they be made by the magistrate or by the church, howsoever they be necessary to be observed (I speak of such as are good and just), yet they do not, therefore, by themselves bind the conscience, because the whole necessity of observing them looketh to the general end, but consisteth not in the things commanded.”
6. Whatsoever bond of conscience is not confirmed and warranted by the word is, before G.o.d, no bond at all. But the absolute bond wherewith conscience is bound to the obedience of the laws of princes is not confirmed nor warranted by the word; therefore the proposition no man can deny, who acknowledged that none can have power or dominion over our consciences but G.o.d only, the great Lawgiver, who alone can save and destroy, James iv. 12. Neither doth any writer, whom I have seen, hold that princes have any power over men's consciences, but only that conscience is bound by the laws of princes, for this respect, because G.o.d, who hath power over our consciences, hath tied us to their laws. As to the a.s.sumption, he who denyeth it must give instance to the contrary. If those words of the Apostle be objected, Rom. xiii. 5, ”Ye must needs be subject, not only for wrath, but also for conscience' sake.”
I answer, 1. The Apostle saith not that we must obey, but that we must be subject, for conscience' sake; and how oft shall we need to tell our opposites that subjection is one thing, and obedience another?
2. If he had said that we must obey for conscience' sake, yet this could not have been expounded of an absolute bond of conscience, but only of an hypothetical bond, in case that which the magistrate commandeth cannot be omitted without breaking the law of charity. If it be said again, that we are not only bidden be subject, but likewise to obey magistrates, t.i.t.
iii. 1: _Ans._ And who denyeth this? But still I ask, are we absolutely and always bound to obey magistrates? Nay, but only when they command such things as are according to the rules of the word, so that either they must be obeyed or the law of charity shall be broken; in this case, and no other, we are bidden obey.
_Sect._ 31. Thus have we gained a princ.i.p.al point, viz., that the laws of princes bind not absolutely but conditionally, not _propter se_, but _propter aliud_. Whereupon it followeth, that except the breach of those ceremonial ordinances wherewith we are pressed include the breach of the law of charity, which is of a superior bond, we are not holden to obey them. Now that it is not the breach, but the obedience of those ordinances which violateth the law of charity, we have heretofore made manifest, and in this place we will add only one general: Whensoever the laws of princes about things ecclesiastical do bind the conscience conditionally, and because of some other law of a superior bond, which cannot be observed if they be transgressed (which is the only respect for which they bind, when they bind at all), then the things which they prescribe belong either to the conservation or purgation of religion; but the controverted ceremonies belong to neither of these, therefore the laws made thereanent bind not, because of some other law which is of a superior bond. As to the proposition, will any man say that princes have any more power than that which is expressed in the twenty-fifth article of the Confession of Faith, ratified in the first parliament of king James VI., which saith thus: ”Moreover, to kings, princes, rulers, and magistrates, we affirm that chiefly and most princ.i.p.ally, the conservation and the purgation of the religion appertains, so that not only they are appointed for civil policy, but also for maintenance of the true religion, and for suppressing of idolatry and superst.i.tion whatsoever?” _Hoc nomine_, saith Calvin,(986) _maxime laudantur sancti reges in scriptura, quod Dei cultum corruptum vel eversum rest.i.tuerint, vel curam gesserint religionis, ut sub illis pura et incolumis floreret_. The twenty-first Parliament of king James, holden at Edinburgh 1612, in the ratification of the acts and conclusions of the General a.s.sembly, kept in Glasgow 1610, did innovate and change some words of that oath of allegiance which the General a.s.sembly, in reference to the conference kept 1751, ordained to be given to the person provided to any benefice with cure, in the time of his admission, by the ordinate. For the form of the oath, set down by the Act of the a.s.sembly, beginneth thus: ”I, A. B., now nominate and admitted to the kirk of D., utterly testify and declare in my conscience, that the right excellent, right high, and mighty prince, James VI., by the grace of G.o.d king of Scots, is the only lawful supreme governor of this realm, as well in things temporal as in the conservation and purgation of religion,” &c. But the form of the oath set down by the Act of Parliament beginneth thus: ”I, A. B., now nominate and admitted to the kirk of D., testify and declare in my conscience, that the right excellent, &c., is the only lawful supreme governor of this realm, as well in matters spiritual and ecclesiastical, as in things temporal,”
&c. Yet I demand, whether or not do the _matters spiritual and ecclesiastical_, of which the Act of Parliament speaketh, or those _all spiritual or ecclesiastical things or causes_, of which the English oath of supremacy speaketh, comprehend any other thing than is comprehended under _the conservation and purgation of religion_, whereof the Act of a.s.sembly speaketh? If it be answered affirmatively, it will follow that princes have power to destruction, and not to edification only; for whatsoever may edify or profit the church, pertaineth either to the conservation or the purgation of religion. If negatively, then it cannot be denied that the conservation and purgation of religion do comprehend all the power which princes have in things ecclesiastical.
_Sect._ 32. Now to the a.s.sumption. And first, that the controverted ceremonies pertain not to the conservation of religion, but contrariwise to the hurt and prejudice of the same, experience hath, alas! made it too manifest; for O what a doleful decay of religion have they drawn with them in this land! Let them who have seen Scotland in her first glory tell how it was then, and how it is now. Idle and idol-like bishopping hath shut too the door of painful and profitable catechising.(987) The keeping of some festival days is set up instead of the thankful commemoration of G.o.d's inestimable benefits, howbeit the festivity of Christmas hath hitherto served more to baccha.n.a.lian lasciviousness than to the remembrance of the birth of Christ.(988) The kneeling down upon the knees of the body hath now come in place of that humiliation of the soul wherewith worthy communicants addressed themselves unto the holy table of the Lord; and, generally, the external show of these fruitless observances hath worn out the very life and power of religion. Neither have such effects ensued upon such ceremonies among us only, but let it be observed everywhere else, if there be not least substance and power of G.o.dliness among them who have most ceremonies, whereunto men have, at their pleasure, given some sacred use and signification in the wors.h.i.+p of G.o.d; and most substance among them who have fewest shows of external rites. No man of sound judgment (saith Beza(989)) will deny, _Jesum Christum quo nudior_, &c., ”that Jesus Christ, the more naked he be, is made the more manifest to us; whereas, contrariwise, all false religions use by certain external gesturings to turn away men from divine things.” Zanchius saith well of the surplice and other popish ceremonies,(990) _Quod haec nihil ad pietatem accendendam, multum autem ad restinguendam valeant_.
Bellarmine,(991) indeed, pleadeth for the utility of ceremonies, as things belonging to the conservation of religion. His reason is, because they set before our senses such an external majesty and splendour, whereby they cause the more reverence. This he allegeth for the utility of the ceremonies of the church of Rome. And I would know what better reason can be alleged for the utility of ours. But if this be all, we throw back the argument, because the external majesty and splendour of ceremonies doth greatly prejudge and obscure the spirit and life of the wors.h.i.+p of G.o.d, and diverteth the minds of men from adverting unto the same, which we have offered to be tried by common experience. Durand himself, for as much as he hath written in the defence of ceremonies, in his unreasonable _Rationale_, yet he maketh this plain confession:(992) _Sane in primitiva ecclesia, sacrificium fiebat in vasis ligneis et vestibus communibus: tunc enim erant lignei calices et aurei sacerdotes: nunc vero e contra est._ Behold what followeth upon the majesty and splendour which ceremonies carry with them, and how religion, at its best and first estate, was without the same!
_Sect._ 33. Neither yet do the ceremonies in question belong to the purgation of religion; for wheresoever religion is to be purged in a corrupted church, all men know that purgation standeth in putting something away, not in keeping it still; in voiding somewhat, nor in retaining it; so that a church is not purged, but left unpurged, when the unnecessary monuments of bypast superst.i.tion are still preserved and kept in the same. And as for the church of Scotland, least of all could there be any purgation of it intended by the resuming of those ceremonies; for such was the most glorious and ever memorable reformation of Scotland, that it was far better purged than any other neighbour church. And of Mr Hooker's jest we may make good earnest; for, in very deed, as the reformation of Geneva did pa.s.s the reformation of Germany, so the reformation of Scotland did pa.s.s that of Geneva.
_Sect._ 34. Now hitherto we have discoursed of the power of princes, in making of laws about things which concern the wors.h.i.+p of G.o.d; for this power it is which our opposites allege for warrant, of the controverted ceremonies, wherefore to have spoken of it is sufficient for our present purpose. Nevertheless, because there are also other sorts of ecclesiastical things beside the making of laws, such as the vocation of men of ecclesiastical order, the convocation and moderation of councils, the judging and deciding of controversies about faith, and the use of the keys, in all which princes have some place and power of intermeddling, and a mistaking in one may possibly breed a mistaking in all; therefore I thought good here to digress, and of these also to add somewhat, so far as princes have power and interest in the same.
DIGRESSION I.
OF THE VOCATION OF MEN OF ECCLESIASTICAL ORDER.
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