the church, where one or two are gathered together in his name, either for hearing of the word, or for prayer, or any other church-exercise, our Saviour Christ being in the midst of them as mediator, must be their head: and if he be not there idle, but doing the office of a head fully, it followeth, that even in the outward societies and meetings of the church, no mere man can be called the head of it, seeing that our Saviour Christ doing the whole office of the head himself alone, leaveth nothing to men, by doing whereof they may obtain that title." Which objection I take as being made for nothing but only to maintain argument. For they are not so far gone as to argue this in sooth and right good earnest. "God standeth (saith the Psalmist) in the midst of gods;" if God be there present, he must undoubtedly be present as God; if he be not there idle, but doing the office of a God fully, it followeth, that God himself alone doing the whole office of a God, leaveth nothing in such assemblies to any other, by doing whereof they may obtain so high a name. T. C. lib. ii. p.413., The Psalmist, therefore, hath spoken amiss, and doth ill to call judges gods. Not so; for as God hath this office differing from theirs, and doth fully discharge it even' in the midst of them, so they are not hereby excluded from all kind of duty, for which that name should be given unto them also, but in that duty for which it was given them they are encouraged religiously and carefully to order themselves after the selfsame manner. Our Lord and Saviour being in the midst of his church as head is our comfort, without the abridgment of any one duty; for performance whereof others are termed heads in another kind than he is. If there be of the ancient fathers, which say, "That there is but one head of the church, Christ; and that the minister that baptizeth cannot be the head of him that is baptized, because Christ is the head of the whole church: and that Paul could not be head of the church which he planted, because Christ is the head of the whole body;" they understand the name of head in such sort as we grant, that it is not applicable to any other, no, not in relation, to the least part of the whole church; he which baptizeth, baptizeth into Christ; he which converteth, converteth into Christ; he which ruleth, ruleth for Christ. The whole church can have but one to be head as lord and owner of all; wherefore, if Christ be head in that kind, it followeth, that no other besides can be so either to the whole or to any part.

Polyb. 1. vi.

de Milit. ac Rom. Dis

Domest.

cipl.

Lib. i. de

Col. Illicit venticulis,

cap. de

Episc. et
Presbyt.

To call and dissolve all solemn assemblies about the public affairs of the

church.

AMONGST Sundry prerogatives of Simon's dominion over the Jews there is reckoned, as not the least, "That no man might gather any great assembly in the land without him." For so the manner of Jewish regiment had always been, that whether the cause for which men assembled themselves in peaceable, good, and orderly sort, were ecclesiastical or civil, supreme authority should assemble them. David gathered all Israel together unto Jerusalem; when the ark was to be removed, he assembled the sons of Aaron and the Levites. Solomon did the like at such time as the temple was to be dedicated; when the church was to be reformed, Asa in his time did the same. The same upon like occasions was done afterward by Joash, Hezekias, Josiah, and others.

The consuls of Rome Polybius affirmeth to have had a kind of regal authority, in that they might call together the senate and people whensoever it pleased them. Seeing, therefore, the affairs of the church and Christian religion are public affairs, for the ordering whereof more solemn assemblies sometimes are of as great importance and use, as they are for secular affairs; it seemeth no less an act of supreme authority to call the one, than the other. Wherefore, the clergy, in such wise gathered together, is an ecclesiastical senate, which with us, as in former times, the chiefest prelate at his discretion did use to assemble; so that afterward in such considerations as have been before specified, it seemed more meet to annex the said prerogative to the crown. The plot of reformed discipline not liking thereof so well, taketh order that every former assembly before it breaketh up should itself appoint both the time and place of their after-meeting again. But because I find not any thing on that side particularly alleged against us herein, a longer disputation about so plain a cause shall not need. The ancient imperial law forbiddeth such assemblies as the emperor's authority did not cause to be made. Before emperors became Christians, the church had never any general synod; their greatest meeting consisting of bishops and other the gravest in each province. As for the civil governor's authority, it suffered them only as things not regarded, or not accounted

cap. 1.

Theodosio.

concil. a

Con.

contr.

Ambros.

of at such times as it did suffer them. So that what right a Hierarch. Christian king hath as touching assemblies of that kind, we lib. vi. are not able to judge till we come to later times, when religion had won the hearts of the highest powers. Constantine (as Constant. Pighius doth grant) was not only the first that ever did call concil. a any general council together, but even the first that devised Sardicen the calling of them for consultation about the businesses of God. After he had once given the example, his successors a long time followed the same; insomuch that St. Jerome, to disprove the authority of a synod which was pretended to be general, useth this as a forcible argument, "Dic, quis imperator hanc synodum jusserit convocari?" Their answer hereunto is no answer, which say, "That the emperors did Hieron. not this without conference had with the bishops :" for to Ruffinam, our purpose it is enough, if the clergy alone did it not other- lib. ii. wise than by the leave and appointment of their sovereign lords and kings. Whereas, therefore, it is on the contrary Sozomen. I. side alleged, that Valentinian the elder being requested by vi. cap.7. catholic bishops to grant that there might be a synod for the Epist. 32. ordering of matters called in question by the Arians, answered, that he being one of the laity might not meddle with such matters; and thereupon willed, that the priests and bishops, to whom the care of those things belongeth, should meet and consult together by themselves where they thought good. We must, with the emperor's speech, weigh the occasion and drift thereof. Valentinian and Valens, the one a catholic and the other an Arian, were emperors together: Valens, the governor of the east, and Valentinian of the west empire. Valentinian, therefore, taking his journey from the east unto the west parts, and passing for that intent through Thracia, there the bishops which held the soundness of Christian belief, because they knew that Valens was their professed enemy, and therefore if the other was once departed out of those quarters, the catholic cause was like to find very small favour, moved presently Valentinian about a council to be assembled under the countenance of his authority; who by likelihood considering what inconvenience might grow thereby, inasmuch as it could not be but a means to incense Valens the more against them, refused himself to be author of, or present at any such assembly; and of this his denial gave them a colourable reason, to wit, that he was, although

an emperor, yet a secular person, and therefore not able in matters of so great obscurity to sit as competent judge: but if they which were bishops and learned men, did think good to consult thereof together, they might. Whereupon, when they could not obtain that which they most desired, yet that which he granted unto them they took, and forthwith had a council. Valentinian went on towards Rome, they remaining in consultation till Valens which accompanied him returned back; so that now there was no remedy, but either to incur a manifest contempt, or else at the hands of Valens himself to seek approbation of that they had done. To him, therefore, they became suitors: his answer was short, "Either Arianism, or exile, which they would;" whereupon their banishment ensued. Let reasonable men now therefore be judges, how much this example of Valentinian doth make against the authority, which we say that sovereign rulers may lawfully have as concerning synods and meetings ecclesiastical.

Of the authority of making Laws.

THERE are which wonder that we should account any statute a law, which the high court of parliament in England hath established about the matters of church-regiment; the prince and court of parliament having as they suppose) no more lawful means to give order to the church and clergy in those things, than they have to make laws for the hierarchies of angels in heaven; that the parliament being a mere temporal court, can neither by the law of nature, nor of God, have competent power to define of such matters: that supremacy in this kind cannot belong unto kings, as kings, because pagan emperors, whose princely power was true sovereignty, never challenged so much over the church; that power, in this kind, cannot be the right of an earthly crown, prince, or state, in that they be Christians, forasmuch as if they be Christians, they all owe subjection to the pastors of their souls; that the prince therefore, not having it himself, cannot communicate it to the parliament, and consequently can

not make laws here, or determine of the church's regiment by himself, parliament, or any other court subjected unto him.

The parliament of England, together with the convocation annexed thereunto, is that whereupon the very essence of all government within this kingdom doth depend: it is even the body of the whole realm: it consisteth of the king, and of all that within the land are subject unto him. The parliament is a court, not so merely temporal as if it might meddle with nothing but only leather and wool. Those days of Queen Mary are not yet forgotten, wherein the realm did submit itself unto the legate of Pope Julius, at which time, had they been persuaded, as this man seemeth now to be, they had thought that there is no more force in laws by parliament concerning church-affairs, than if men should take upon them to make orders for their hierarchies of angels in heaven, they might have taken all former statutes of that kind as cancelled, and, by reason of nullity, abrogated. What need was there that they should bargain with the cardinal, and purchase their pardon by promise made beforehand, that what laws they had made, assented unto, or executed, against the bishop of Rome's supremacy, the same they would, in that present parliament, effectually abrogate and repeal? Had they power to repeal laws made, and none to make laws concerning the regiment of the church? Again, when they Had by suit obtained his confirmation for such foundations of bishopricks, cathedral churches, hospitals, colleges, and schools; for such marriages before made, for such institutions into livings ecclesiastical, and for all such judicial processes, as having been ordered according to the laws before in force, but contrary unto the canons and orders of the church of Rome, were in that respect thought defective, although the cardinal in his letters of dispensation did give validity unto those acts, even "apostolicæ firmitatis robur, the very strength of apostolical solidity;" what had all these been without those grave authentical words; "Be it enacted by the authority of An. 1. et 2. this present parliament, that all and singular articles and Phil. et clauses contained in the said dispensation, shall remain and be reputed and taken to all intents and constructions in the laws of this realm, lawful, good, and effectual, to be alleged and pleaded in all courts ecclesiastical and temporal, for good

Mar. c. 8.