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4. The last of the four great conventions of Christendom was "sexcentorum triginta episcoporum," " of six hundred and thirty bishops, at Chalcedon, in Bithynia." But in all these assemblies, no mere presbyter gave suffrage, except by legation from his bishop and delegation of authority. And, therefore, when in this council some laics and some monks, and some clergymen, not bishops would interest themselves, Pulcheria, the empress, sent letters to Consularius, to repel them by force, "Si præter nostram evocationem, aut permissionem suorum episcoporum, ibidem commorantur :" "Who come without command of the empress, or the bishops' permission." Where it is observable that the bishops might bring clerks with them to assist, to dispute, and to be present in all the action; and thus they often did suffer abbots or archimandrites to be there, and to subscribe too; but that was 'præter regulam,' and by indulgence only and condescension; for when Martinus, the abbot, was requested to subscribe, he answered, "Non suum esse, sed episcoporum tantùm subscribere:" "It belonged only to bishops to subscribe to councils." For this reason, the fathers themselves often called out in the council," Mitte foras superfluos; concilium episcoporum est."

But I need not more particular arguments; for till the council of Basil the church never admitted presbyters, as in their own right, to voice in councils; and that council we know, savoured too much of the schismatic; but before this council, no example, no precedent of subscriptions of the presbyters, either to oecumenical or provincial synods. Indeed, to a diocesan synod, viz., that of Auxerre, in Burgundy, I find thirty-two presbyters subscribing. This synod was neither œcumenical nor provincial, but merely the convocation of a diocese: for here was but one bishop, and some few abbots, and thirty-two presbyters. It was, indeed, no more than a visitation, or the calling of a chapter; for of this we receive intimation in the seventh canon of that assembly: "Ut, in medio Maio, omnes presbyteri ad synodum venirent;" that was their summons; 66 et, in Novembri, omnes abbates ad concilium":" so that here is intimation of a yearly synod besides the first convention, the greatest of them but diocesan,

Action. 1. Concil. Chalced.

Concil, Antisiodor. can, 7.

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and, therefore, the lesser but conventus capitularis; or, however, not enough to give evidence of a subscription of presbyters to so much as a provincial council; for the guise of Christendom was always otherwise, and, therefore, it was the best argument that the bishops, in the Arian hurry, used to acquit themselves from the suspicion of heresy: "Neque nos sumus Arii sectatores; quî namque fieri potest, ut cùm simus episcopi, Ario presbytero auscultemusi?" Bishops never receive determination of any article from priests but priests do from bishops: "Nam vestrum est eos instruere," saith St. Clement, speaking of the bishop's office and power over priests and all the clergy, and all the diocese; "eorum est vobis obedire, ut Deo, cujus legatione fungimini." And, a little after: "Audire ergo eum attentius oportet, et ab ipso suscipere doctrinam fidei, monita autem vitæ à presbyteris inquirere:" "Of the priests we must inquire for rules of good life; but of the bishop receive positions and determinations of faith."

Against this if it be objected, "Quod omnes tangit, ab omnibus tractari debet; "That which is of general concernment, must also be of general scrutiny:" I answer, it is true, unless where God himself hath intrusted the care of others in a body, as he hath in the bishops, and will require the souls of his diocese at his hand, and commanded us to require the law at their mouths, and to follow their faith', whom he hath set over us. And, therefore, the determination of councils pertains to all, and is handled by all, not in diffusion, but in representation. For, "Ecclesia est in episcopo, et episcopus in ecclesiâ," saith St. Cyprian: "The church is in the bishop," viz., by representment," and the bishop is in the church"," viz., as a pilot in a ship, or a master in a family, or rather as a steward and guardian, to rule in his master's absence; and for this reason the synod of the Nicene bishops is called, in Eusebius, conventus orbis terrarum"," and, by St. Austin, consensus totius ecclesiæ;' not that the whole church was there present, in their several persons,

i Socrat. lib. ii. c. 7.

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k Epist. 3. per Ruffinum.

'Heb. xiii. 7. and 17. 1 Pet. v. 2. Acts, xx.
" Lib. iii, de Vita Constant. lib. de Baptis. cap. 18.

m

Epist. 69.

but was there represented by the catholic bishops; and, if this representment be not sufficient for obligation to all, I see no reason but the ladies, too, may vote in councils; for I doubt not but they have souls too.

But, however, if this argument were concluding in itself, yet it loses its force in England, where the clergy are bound by laws of Parliament, and yet, in the capacity of clergymen, are allowed to choose neither procurators, to represent us: as clergy, nor knights of the shire, to represent us as commons. In conclusion of this, I say to the presbyters, as St. Ambrose said of the lay-judges, whom the Arians would have brought to judge in council (it was an old heretical trick): "Veniant planè, si qui sunt, ad ecclesiam, audiant cum populo, non ut quisquam judex resideat, sed unusquisque de suo affectu habeat examen, et eligat quem sequatur ;" "So may presbyters be present; so they may judge, not for others, but for themselves"." And so may the people be present, and anciently were so; and, therefore councils were always kept in open churches, ubi populus judicat,' not for others, but for themselves; not by external sentence, but internal conviction; so St. Ambrose expounds himself in the forecited allegation.

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There is no considerable objection against this discourse, but that of the first council of Jerusalem, where the apostles and elders did meet together, to determine of the question of circumcision; for, although in the story of celebration of it, we find no man giving sentence but Peter and James, yet, in Acts, xvi. they are called δόγματα κεκριμένα ὑπὸ τῶν ἀποστόλων καὶ τῶν πρεσβυτέρων, " decrees judged by the apostles and nai elders." But first, in this the difficulty is the less, because ' presbyter' was a general word for all that were not of the number of the twelve, prophets, evangelists, pastors, and doctors. And then, secondly, it is none at all, because Paul and Barnabas are signally and by name, reckoned as present in the synod, and one of them prolocutor, or else both : so that such presbyters may well define in such conventual assemblies. 3. If yet there were any difficulty latent in the story, yet the catholic practice of

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God's church is certainly the best expositor of such places, where there either is any difficulty, or where any is pretended; and of this I have already given account.

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I remember, also, that this place is pretended for the people's power of voicing in councils. It is a pretty pageant, only that it is against the catholic practice of the church, against the exigence of Scripture, which bids us require the law at the mouth of our spiritual rulers, against the gravity of such assemblies, for it would force them to be tumultuous, and, at the best, are the worst of sanctions, as being issues of popularity; and, to sum up all, it is no way authorized by this first copy of Christian councils. The pretence is in the synodal letter, written in the name of the apostles, and elders, and brethren;' that is, says Geta, the apostles, and presbyters, and people. But why not brethren, that is, all the deacons, and evangelists, and helpers in government, and ministers of the churches? There is nothing, either in words or circumstances, to contradict this. If it be asked, who then are meant by elders, if by brethren' St. Luke understands these church officers? I answer, that here is such variety, that although I am not certain which officers he precisely comprehends under the distinct titles of elders and brethren, yet here are enough to furnish both with variety; and yet neither to admit mere presbyters, in the present acceptation of the word, nor yet the laity, to a decision of the question, nor authorizing the decretal; for, besides the twelve apostles, there were apostolical men which were presbyters, and something more, as Paul, and Barnabas, and Silas, and evangelists, and pastors besides, which might furnish out the last appellative sufficiently. But, however, without any further trouble, it is evident that this word brethren' does not distinguish the laity from the clergy: "Now, when they heard this, they were pricked in their hearts, and said unto Peter and to the rest of the apostles, Men and brethren, what shall we do?" Judas and Silas, who were apostolical men, are called in Scripture, chief men among the brethren: but this is too known to need

a contestation.

I only insert the saying of Basilius, the emperor, in the

P Acts, xv. 25.

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eighth synod: "De vobis autem laicis, tam qui in dignitatibus, quàm qui absolutè versamini, quid amplius dicam non habeo, quàm quòd nullo modo vobis licet de ecclesiasticis causis sermonem movere, neque penitùs resistere integritati ecclesiæ, et universali synodo adversari:" "Laymen," says the emperor, must by no means meddle with causes ecclesiastical, nor oppose themselves to the catholic church, or councils œcumenical." They must not meddle, for these things appertain to the cognizance of bishops and their decision. And now, after all this, what authority is equal to this legislative of the bishops? Μάλιστα δὲ, ὡς ἁπλῶς εἰπεῖν, ἀρχὰς λεκτέον ταύτας, ὅσαις ἀποδίδοται βουλεύσασθαί τε περί τίνων, καὶ κρῖναι καὶ ἐπιτάξαι, καὶ μάλιστα τοῦτο· τὸ γὰρ ἐπιτάττειν ἀρχικώτερον, Tepov, saith Aristotle: "They are all evidences of power and authority, to deliberate, to determine, or judge, to make laws: but to make laws is the greatest power that is imaginable.” The first may belong fairly enough to presbyters; but I have proved the two latter to be appropriate to bishops,

SECTION XLII.

And the Bishop had a Propriety in the Persons of his Clerks. LASTLY, as if all the acts of jurisdiction, and every imaginable part of power, were in the bishop, over the presbyters and subordinate clergy, the presbyters are said to be 'epis'coporum presbyteri,' the bishops' presbyters,' as having a propriety in them, and therefore a superiority over them; and as the bishop was a dispenser of those things, which were in bonis ecclesiæ,' so he was of the persons, too, a ruler in propriety. St. Hilary, in the book which himself delivered to Constantine, "Ecclesiæ adhuc," saith he, " per presbyteros meos communionem distribuens:" "I still give the holy communion to the faithful people by my presbyters." And, therefore, in the third council of Carthage, a great deliberation was had about requiring a clerk of his bishop to be promoted in another church: "Denique qui unum ha

a Lib. iv. Polit. c. 15.

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