The Elements of Law/Part II/Chapter 26

Chapter 26: That Subjects are not bound to follow the Judgment of any Authorities in Controversies of Religion which is not Dependent on the Sovereign Power
1. In the former chapter have been removed those difficulties opposing our obedience to human authority, which arise from misunderstanding of our Saviour's title and laws; in the former whereof, namely his title, consisteth our faith; and in the latter, our justice. Now they who differ not amongst themselves concerning his title and laws, may nevertheless have different opinions concerning his magistrates, and the authority he hath given them. And this is the cause why many Christians have denied obedience to their princes; pretending that our Saviour Christ hath not given this magistracy to them, but to others. As for example: some say, to the pope universally; some, to a synod aristocratical; some, to a synod democratical in every several commonwealth; and the magistrates of Christ being they by whom he speaketh: the question is, whether he speak unto us by the pope, or by convocations of bishops and ministers, or by them that have the sovereign power in every commonwealth.

2. This controversy was the cause of those two mutinies that happened against Moses in the wilderness. The first by Aaron and his sister Miriam, who took upon them to censure Moses, for marrying an Ethiopian woman. And the state of the question between them and Moses they set forth Numbers 12, 2, in these words: What hath the Lord spoken but only by Moses? hath he not spoken also by us? And the Lord heard this, &c., and punished the same in Miriam, forgiving Aaron upon his repentance. And this is the case of all them that set up the priesthood against the sovereignty. The other was of Corah, Dathan, and Abiram, who with two hundred and fifty captains gathered themselves together against Moses, and against Aaron. The state of their controversy was this: Whether God were not with the multitude, as well as with Moses, and every man as holy as he. For, Numb. 16, 3, thus they say, You take too much upon you, seeing all the congregation is holy,. every one of them, and the Lord is amongst them: wherefore then lift ye yourselves above the congregation of the Lord? And this is the case of them that set up their private consciences, and unite themselves to take the government of religion out of the hands of him or them, that have the sovereign power of the commonwealth; which how well it pleaseth God, may appear by the hideous punishment of Corah and his accomplices.

3. In the government therefore of Moses, there was no power neither civil nor spiritual, that was not derived from him; nor in the state of Israel under kings, was there any earthly power, by which those kings were compellable to any thing, or any subject allowed to resist them, in any case whatsoever. For though the prophets by extraordinary calling, did often admonish and threaten them, yet had they no authority over them. And therefore amongst the Jews, the power spiritual and temporal, was always in the same hand.

4. Our Saviour Christ, as he was the rightful king of the Jews in particular, as well as king of the kingdom of Heaven, in the ordaining of magistrates; revived that form of policy which was used by Moses. According to the number of the children of Jacob, Moses took unto him by the appointment of God, Numb. 1, 4, twelve men, every one of the chief of their tribe, which were to assist him in the muster of Israel. And these twelve, verse 24, are called the princes of Israel, twelve men, every one for the house of their fathers; which are said also Numb. 7, 2, to be heads over the houses of their fathers, and princes of the tribes, and over them that were numbered. And these were every one equal amongst themselves. In like manner our Saviour took unto him twelve apostles, to be next unto him in authority; of whom he saith Matth. 19, 28, When the Son of Man shall sit in the throne of his majesty, ye which follow me in the regeneration, shall sit also upon twelve thrones, and judge the twelve tribes of Israel. And concerning the equality of the twelve apostles amongst themselves our Saviour saith, Matth. 20, 25: Ye know that the Lords of the Gentiles have domination over them, &c. Verse 26: But it shall not be so amongst you; but whosoever will be greatest among you, let him be your servant. And Matth. 23, 11: He that is greatest among you, let him be your servant. And a little before, verse 8, Be not called Rabbi; for one is your doctor Christ; and all ye are brethren. And Acts 1, in choosing of Matthias to be an apostle, though St. Peter used the part of a prolocutor, yet did no man take upon him the authority of election, but referred the same to lot.

5. Again, Moses had the command of God, Numb. 11, 16: Gather to me seventy men of the elders of Israel, whom thou knowest that they are the elders of the people, and governors over them, and bring them into the tabernacle, &c. And Moses did accordingly, verse 24. And these were chosen to help Moses in bearing the burthen of the government, as appeareth verse 17 of the same chapter. And as the twelve princes of the tribes were according to the number of Jacob's children; so were the seventy elders according to the number of the persons that went down with Jacob into Egypt. In like manner our Saviour in his kingdom of Heaven, the church, out of the whole number of those that believed in him, ordained seventy persons, which peculiarly were called the seventy disciples, to whom he gave power to preach the Gospel and baptize.

6. In our Saviour's time therefore, the hierarchy of the church consisted, besides himself that was the head, of twelve apostles, who were equal amongst themselves, but ordained over others, as were the twelve heads of the tribes; and seventy. disciples, who had every one of them power to baptize and teach, and help to govern the whole flock.

7. And whereas in the commonwealth instituted by Moses, there was not only a high-priest for the present, but also a succession and order of priests; it may be demanded why our Saviour Christ did not ordain the like? To which may be answered, that the high-priesthood, forasmuch as concerneth the authority thereof, was in the person of Christ, as he was Christ-King. So also was it in Moses, Aaron having the ministerial part only. For notwithstanding that Aaron was the high-priest, yet the consecration of him belonged to Moses, Exod. 29, 1. All the utensils of sacrifice, and other holy things, were ordered by Moses; and in sum: the whole Levitical law was delivered by God by the hand of Moses, who was to Aaron a God, and Aaron to him a mouth. And for the ministerial part, there could no highpriest be ordained but himself; for seeing our Saviour was himself the sacrifice, who but himself could offer him up? And for the celebration of that sacrifice for ever after, our Saviour annexed the priesthood to those whom he had appointed to govern in the church.

8. After the ascension of our Saviour, the apostles dispersed themselves for the spreading of the Gospel; and continually as they converted any number of men, in any city or region, to the faith, they chose out such as they thought fittest, to direct them in matter of conversation and life, according to Christ's law, and to explicate unto them that mystery of Christ come in the flesh; that is to say, to unfold unto them at large the office of the Messiah. And of those elders some were subordinate to others, according as the apostles, who ordained them, thought meet. So St. Paul gave power to Titus, to ordain elders in Crete, and to redress things that were amiss. So that Titus was both an elder, and ordained elders, Tit. 1. 5: For this cause I left thee in Crete, that thou shouldest continue to redress the things that remain, and ordain elders in every city; where the word is katasteses, that is constitute; whereby it appeareth that in the apostles' times, one elder had authority over another, to ordain and rule them. For 1 Tim. 5, 19, Timothy an elder, is made judge of accusations against other elders. And Acts 14, 23, the disciples are said to ordain elders for all the congregations of the cities they had preached in; and though the word there be cheirotonesantes, yet it signifieth not election by holding up of hands, but simply and absolutely ordination. For the ordinary choosing of magistrates amongst the Grecians, which were all either popularly governed, or else by oligarchy, being performed by holding up of hands, made that word be taken simply for an election or ordination howsoever made. And thus in the primitive church, the hierarchy of the church was: apostles; elders that governed other elders; and elders that ruled not, but their office was to preach, to administer the sacraments, to offer up prayers and thanksgiving in the name of the people. But at that time there appeared no distinction between the names of bishop and elder. But immediately after the apostles' time, the word bishop was taken to signify such an elder as had the government of elders, and other elders were called by the name of priests, which signifieth the same that elder doth. And thus the government of bishops hath a divine pattern in the twelve rulers, and seventy elders of Israel, in the twelve apostles and seventy disciples of our Saviour; in the ruling elders, and not ruling elders, in the time of the apostles.

9. And thus much of the magistrates over Christ's flock in the primitive church; for the office of a minister, or ministress, was to be subject to the flock, and to serve them in those things which appertain to their temporal business. The next thing to be considered is the authority which our Saviour gave to them, either over those whom they had converted, or those whom they were about to convert. And for these latter, which as yet were without the church, the authority which our Saviour gave to his apostles was no more but this: to preach unto them that Jesus was the Christ, to explicate the same in all points that concern the kingdom of heaven, and to persuade men to embrace our Saviour's doctrine, but by no means to compel any man to be subject to them. For seeing the laws of the kingdom of heaven, as hath been showed, Part I. chap. XVIII, sect. 10, are dictated to the conscience only, which is not subject to. compulsion and constraint; it was not congruent to the style of the King of Heaven to constrain men to submit their actions to him, but to advise them only; nor for him that professeth the sum of his law to be love, to extort any duty from us with fear of temporal punishment. And therefore as the mighty men in the world, that hold others in subjection by force, are called in Scripture by the name of hunters; so our Saviour calleth those whom he appointed to draw the world unto him, by subduing their affections, fishers; and therefore he saith to Peter and Andrew, Matth. 4, 19: Follow me, and I will make ye fishers of men. And Luke 10, 3: Behold, saith Christ, I send ye forth as lambs amongst wolves. And it were to no end to give them the right of compelling, without strengthening the same with greater power than of lambs amongst wolves. Moreover, Matth. 10, where our Saviour giveth a commission to his twelve apostles to go forth and convert the nations to the faith, he giveth them no authority of coercion and punishment, but only saith, verse 14: Whosoever shall not receive you, nor hear your words, when ye depart out of that house, or that city, shake off the dust of your feet. Truly I say unto you, it shall be easier for the land of Sodom and Gomorrah in the day of judgment, than for that city. Whereby it is manifest, that all that the apostles could do by their authority, was no more than to renounce communion with them, and leave their punishment to God Almighty, in the day of judgment. Likewise the comparisons of the kingdom of heaven to the seed, Matth. 13, 3, and to the leaven, Matth. 13, 33, doth intimate unto us that the increase thereof ought to proceed from internal operation of God's word preached, and not from any law or compulsion of them that preach it. Moreover our Saviour himself saith, John 28, 36, that his kingdom is not of this world; and consequently his magistrates derive not from him any authority of punishing men in this world. And therefore also, Matth. 26, 52, after St. Peter had drawn his sword in his defence, our Saviour saith, Put up thy sword into his place. For all that take the sword shall perish by the sword. And, verse 54, How then shall the Scriptures be fulfilled, which say, that it must be so? showing out of the Scriptures, that the kingdom of Christ was not to be defended by the sword.

10. But concerning the authority of the apostles or bishops over those who were already converted and within the church, there be that think it greater than over them without. For some have said (Bellarmin. Lib. de Rom. Pont. cap. 29): Though the law of Christ deprive no prince of his dominion, and Paul did rightly appeal to Caesar, whilst kings were infidels and out of the church; yet when they became Christians, and of their own accord underwent the laws of the gospel, presently as sheep to a shepherd, and as members to the head, they became subject to the prelate of the ecclesiastical hierarchy. Which, whether it be true or not, is to be considered by that light which we have from the Holy Scripture, concerning the power of our Saviour and his apostles, over such as they had converted. But our Saviour, as he imitated the commonwealth of the Jews in his magistrates, the twelve and the seventy; so did he also in the censure of the church, which was excommunication; but amongst the Jews, the church did put the excommunicated persons from the congregation, which they might do by their power temporal; but our Saviour and his apostles, who took upon them no such power, could not forbid the excommunicated person to enter into any place and congregation, into which he was permitted to enter by the prince, or sovereign of the place; for that had been to deprive the sovereign of his authority. and therefore the excommunication of a person subject to an earthly power, was but a declaration of the church, which did excommunicate, that the person so excommunicated was to be reputed still as an infidel, but not to be driven by their authority out of any company he might otherwise lawfully come into. And this is it our Saviour saith, Matth. 18, 17: If he refuseth to hear the church, let him be unto thee as an heathen man and a publican. So that the whole effect of excommunicating a Christian prince, is no more than he or they that so excommunicate him, depart, and banish themselves out of his dominion. Nor can they thereupon discharge any of his subjects of their obedience to him; for that were to deprive him of his dominion, which they may not do; for being out of the church, it is confessed by them that make this objection, and proved in the former section, that our Saviour gave no authority to his apostles to be judges over them. And therefore in no case can the sovereign power of a commonwealth be subject to any authority ecclesiastical, besides that of Christ himself. And though he be informed concerning the kingdom of heaven, and subject himself thereto at the persuasions of persons ecclesiastical, yet is not he thereby subject to their government and rule. For if it were by their authority he took that yoke upon him, and not by their persuasion, then by the same authority he might cast it off; but this is unlawful. For if all the churches in the world should renounce the Christian faith, yet is not this sufficient authority for any of the members to do the same. It is manifest therefore that they who have sovereign power, are immediate rulers of the church under Christ, and all others but subordinate to them. If that were not, but kings should command one thing upon pain of death, and priests another upon pain of damnation, it would be impossible that peace and religion should stand together.

11. And therefore there is no just cause for any man to withdraw his obedience from the sovereign state, upon pretence that Christ hath ordained any state ecclesiastical above it. And though kings take not upon them the ministerial priesthood (as they might if it pleased them) yet are they not so merely laic, as not to have sacerdotal jurisdiction. To conclude this chapter: since God speaketh not in these days to any man by his private interpretation of the Scriptures, nor by the interpretation of any power, above, or not depending on the sovereign power of every commonwealth; it remaineth that he speaketh by his vice-gods, or lieutenants here on earth, that is to say, by sovereign kings, or such as have sovereign authority as well as they.