A treatise of miscellany questions wherein many usefull questions and cases of conscience are discussed and resolved ... / by Mr. George Gillespie ... ; published by Mr. Patrik Gillespie ...

CHAP. II. (Book 2)

Of the Election of Pastours with the Congregations consent.

THe Question is not, whether the power of Ecclesiasti∣call government, or jurisdiction belong to the peo∣ple, or body of the Church▪ (for the Tenents of Brownists and Anabaptists, concerning popular go∣vernment, we utterly abhorre) nor whether the whole col∣lective body of the Church ought to be assembled, and their voi es severally asked in Elections, for all may consent when none vote in Elections, but the representative body of the Church, nor whether the consent of the people to the admis∣sion of a Pastor is to be sought and wished for, it being ge∣nerally acknowledged by all, and denyed by none, that it is better to enter with the peoples consent then against it: Nor whether liberty ought to be granted to the whole congregati∣on, or any member thereof to object against the mans life or doctrine, or against his qualificatiō for such a particular charge, for it is certain that not only the congregation, but others who know any just impedimēt against his admissiō, have place to object the same, nor whether the churches liberty of con∣sent be inconsistant with, or destructive unto the Presbyteries power of examinatiō and ordination, for these may stand toge∣ther: but the question is whether it be necessarily required to the right vocation of a Pastor, that he be freely elected by the votes of the Eldership, and with the consent (tacite or expres∣sed)

of the major or better part of the Congregation, so that he bee not obtruded, renitente, & contradicente Ecclesia.

The affirmative part of this question is proved from Scrip∣ture, from antiquity, from Protestant writters, yea Churches and from sound reason, and from the confessions of opposites. To begin with Scripture, and with the primitive paterne, the Apostles themselves would not so much as make Deacons till all the seven were chosen, and presented unto them by the Church, Ast, 6. 2, 3, 5, 6: The Author of the Historie of Episcopacy, part, 2. pag. 359. To cut off our Argument from Acts 6. saith. That the seven were to be the stewards of the people in disposing of their goods, good reason that the election should be made by them, whose goods and fortunes were to bee disposed of, this answer was made by Bellarmine before him: But Walaeus tom. 2. pag. 52. reasoneth other wayes: the feeders of the peoples soules, must bee no lesse (if not more) beloved and acceptable then the feeders of their bodies; therefore these must be chosen with their own consent, as well as these. Secondly, Elders (both ruling and preaching) were chosen by most voices of the Church: the suffrages being signified, per 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, by lifting up, or stretching out of the hand, Act. 14. 23. Where the Syriak version doth in∣sinuate, that the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is not to be understood of the Apostles ordination of Elders, but of the Churches Election of Elders, thus, Moreover they made to themselves, that is, the Disciples mentioned in the former verse, made to them∣selves, for they who were made, were not Elders or Mini∣sters to Paul and Barnabas, (but to the multitude of the Disciples) in every Church Elders while they were fasting with them and praying, and commending them, &c. Now how could this Election be, but after the Graecian forme by the Churches lifting up, or stretching out of hands. But because some doe still stick at this place, it may bee further cleared, thus

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; It may be understood three wayes, and all these wayes it saveth the peoples right. It may be either the action of the Church onely, as the Syriak maketh it, or a joynt action both of the Churches, and of Paul and Barnabas, as Iu∣nius maketh it; or an action of Paul and Barnabas, in this sense that they did constitute Elders to the Churches, by the Churches own voyces. However, the word relateth to Election by stretching out, or lifting up of hands, not to ordination by laying on of hands, which is the sense followed by the Italian version, and Diodati authorising and ordaining such a one on∣ly to bee an Elder as was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which I prove, 1. From the native signification of the word, where Iulius Pollux hath 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Lib. 2. Cap. 4. Gualther and Wolf Seberus render it manuum extensio, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 manus levare, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, manibus refragari, Budaeus interpreteth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to be plebis∣citum, suffragium, H. Stephanus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 manum protendo; & attollo manum porrigo: and because, saith he, in giving votes, they did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, thence came the word to be used, for scisco, decerno, creo, but properly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is (saith he) as it were, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, id est, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Iustin Martyr, Quaest. & Resp. ad orthod. Resp. ad quaest. 14. doeth expressely distinguish 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. As words of a most different significati∣on▪ where Cedrenus Anno. 526. saith Euphranius 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Pilander, the interpreter rendereth, Episcopatui, communibus suffragiis deligitur. Scapula, and Arias Montanus also in his Lexi∣con tells us, that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is manus porrigere, or elevare, eligere, or creare magistratum per fuffragia, for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is most diffe∣rent from laying on of hands, which is not a stretching out or lifting up, but a leaning or laying down of the hands on some thing. Wherefore the Hebrews note laying on of hands by Samak, inniti Chrysostome saith the Roman Senat, did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 which D: Potter himselfe turneth, did make gods by most voices; Charitie mistaken, pag 145. 2. The use of the

word in this sense, and in no other sense, either in Scripture, 2 Cor. 8. 19. or Greek authors that wrote before the new Testament. So that Luke could not be understood, if he had used it in another sense, but he wrote so that he might be un∣derstood: If he had meant ordination, he would have used the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 as Acts 6. 3. Tit. 1. 5. or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. as Acts 6. 6. 2. The manner of the Elections among the Graecians testified by Demosthenes, Cicero, and others, cleareth the meaning of the word. So they had a phrase 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, omnium suffragiis obtinet, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, no man giveth a contrarie vote. When the Grecians choised their Magistrates at their Comitia held solemnely for that end: he that was no∣minated, was brought into the threater before the people, so many as aproved of him, held forth, or stretched forth, or lif∣ted up their hands: If the major part did thus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, hee partly was then said to bee 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Magistrate created by suffrages. So Elias Cretensis in Greg. Nazianz. orat. 3. I finde also in Aeschines orat▪ contra Cetesipont, some decrees cited which mention three sorts of Magistrates, and among the rest 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Those that were made by the peoples suffrage. In the argument of Demosthenes his oration, advers. Androtion, these Magistrates are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Magistrates made by the peoples suffrage, Fronto Ducaeus in his notes upon the fifth tom. of Chrysostome pag 3. confesseth that with heathen writters 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, is per suffragia creare, and therefore the word is rendered in the Tigurine ver∣sion, and by Calvin, Bullinger, Beza, and so doth Erasmus, upon the place understand the word: ut intelligamus, saith hee, suffragiis delectos. 4. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, joyned with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, doth not at all make against that which I say, as some have concea∣ved it doth, but rather for it, for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 here is to bee rendred, ipsis not illis, and so Pasor▪ in the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 rendereth, Acts 14. 23. quumque ipsis per suffragia creassent Presbyteros. So

that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 here is used for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 that the Grecians sometimes use the one for the other. So H: Stephanus, Thes. ling. Gr. in the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, where he referreth us to Budaeus, for exam∣ples to prove it, see the like, Matth. 12. 57: Iohn 4. 2. Thus therefore the text may be conceaved, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, and when they (the Disciples of Lystra, Iconium and Antioch) had by votes made to themselves El∣ders in every Church, and had prayed with fasting, they com∣mended them (to wit, Paul and Barnabas) to the Lord in whom they beleeved. It needeth not seeme strange, that here in one verse I make 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to be ipsis, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to be illos, and meant of different persons, for the like will frequently occurre in Scripture, Mark 2. 15. as Iesus sate at meat in his 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (that is Levies) house, &c.

2. And they watched him, and they followed him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is Iesus, Mark 3. whether he would heal him, here is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for Iesus, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for the man, which had the withered hand, Gal. 1. 16. to reveal his Sonne in me, that I might preach him, here is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 ip∣sius, for God the father, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 illum for Christ. So then the Churches of Lystra, Iconium, and Antioch, after choo∣sing of Elders, who were also solemnly set a part with prayer and fasting, were willing to let Paul, and Barnabas goe from them to the planting and watering of other Churches, and commended them unto God, that would open unto them a wide and effectuall doore, and prosper the work of Christ in their hands, Ephes. 6. 18. 19. Or they commended them unto God for their safety and preservation, as men are said to commend their owne spirits to God, Luke 23. 46. 1 Pet. 4. 19. This sense and interpretation which I have onely offered to bee considered, doth not bring any harshnesse, and much lesse, offer any violence, either to the text or context in the Greek. But if another sense be liked better, whether to un∣derstand

by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the Elders ordained or the Churches com∣mended to God by Paul and Barnabas, or to understand all the particulars mentioned in that 23. verse to bee common and joynt acts done by Paul, Barnabas and the Churches, that is, that they all concurred in making them Elders by suffrage, in prayer and fasting, and in commending themselves to the Lord; I shall not contend so long as the proper and native signification of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is retained, yea; although wee should understand by this word, an act of Paul, and Barnabas alone, distinct from the Churches suffrage and consent even in that sense, we lose not the argument; For first it cannot be supposed that the businesse was put to the lifting, or streth∣ing out hands in signum suffragii, between Paul and Barnabas, as if it had been put to the question between them two alone; whether such a man should bee Elder in such a Church. But how then can it be an act of Paul and Barnabas? Thus if you will, Thir two did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 creare suffragiis, vel per suffragia, id est; They ordained such men to bee Elders as were chosen by the Church. They two made or created the Elders, but the people declared by lifted up hands whom they would have to be Elders. So Calvin Instit. lib. 4. cap. 53. § 15. Even as saith he, the Roman historians often tells us, that the con∣sull who held the court, did creat new Magistrates, id est, did receave the vo•…•…es and preside in the Elections.

5. Luke doeth usually mention the Churches suffrage in making Church Officers, or in designing men to sacred employments, as Acts 1. 23. 26. Acts 13. 3. Acts 15. 22. So doth Paul, 1 Cor. 16. 3. 2. Cor. 8. 19. 1 Tim. 3. 7. So that it is not likely there should bee no mention of the Churches election here, where pro•…•…essedly and intentionally mention is made of planting Elders, the prayer and fasting, as Acts 13. 2, 3. so likewise, Acts 14. 23. was common to the Church; they prayed and fasted cum discipulis, jej•…•…nantibus

saith the Glosse) all being one work, why was not the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 common to the Churches also. 6. Protestant writers draw from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the Churches suffrage; Magdebur: cent. 1. lib. 2. cap: 6. Zanchius in 4. Prae. Beza, Cartwright and others, on the place, Bullinger Decad: 5. Ser. 4. Iunius con∣tro: 5 lib. 1 cap. 7. And others against Bellarmine, de Cler cap. 7. Gerhard, tom. 6. pag. 95. Brochmand: Systhem: tom: 2. pag. 886. Danaeus in 1 Tim. 5. Walaeus in his treatise, qui∣busnam competat vocatio Pastorum, and loce: pag. 474. Of Pa∣pists, also Salmeron expondeth this place by, Acts. 6. And saith the Apostles gave the Election to the Churches, here of Elders, as there of Deacons, Bel: de cler: cap. 7. and Esthius in 2. Cor. 8. 19. confesse that if wee look either to the Etimo∣logie of the word, or the use of Greek authors, it is to choose by votes. If it be objected to me that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 being refer∣red to the people, will invest them with a judiciall power; and a forensicall, or juridicall suffrage; and where is then the authority of the Eldership. Ans. 'Tis like enough (though I confesse not certain) that no Elderships were yet erected in those Churches, Acts. 14. 23. But put case they had Elder∣ships, yet 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 might well be referred to the people, to signifie their good liking and consent, for in Athens it self the people did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, when they did but like well the persons nominated, as when a thesaurer offered some to be surety, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whom the people shall approve. Demosthenes advers. Timocr. In which oration 'tis also to bee noted that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the Assemblie, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 the judiciall court or As∣sembly of judges are plainly distinguished, so farre that they might not be both upon one day; and that, though the people did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, yet not they, but the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or judges, did 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, ordaine, or appoint a Magistrate, See ibid jusjurandum Heliastarum. As for the objection from Acts 10. 41. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is not the same with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but as it were the

preventing of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by a prior designation. 2. It is there attribute to God 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that in the councell of God the Apostles were in a manner Elected by voices of the Trinitie, as faciamus hominem, Gen. 1. and hindereth no more the pro∣per signification of the word applyed to men, then 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 ascribed to God, can prove, that there is no change in men when they repent, because there is none in God. As for that objection made by a learned man, that even the Septuagints Isay 58. 9. have 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 not for extensio or elevatio manu∣um, but for that which is in the Hebrew immissio or innixus digiti or manus. Answer, 1. It is not put for innixus di∣giti, but for extensio digiti, for so is the text. 2. Sanctius following Cyrill, tells us that the sense of the 70. turning the text so; was this, Nempe hic intelligi suffragia quibus magistra∣tus creantur, a quibus raro solet abesse munerum largitio & corrup∣tio juris. So that his argument may be retorted, I do not say that this is the Prophets meaning, but that it is the 70. their sense of the text in using that word, for the most Interpreters understand by putting forth the finger there, derision, and dis∣dain. 3. The 70. certainly did not intend the putting on, but the putting out of the finger, so the Chaldee hath annuere digito, Heirome, extendere digitum, which well agreeth with the He∣brew Shekach digitum extendere. i. e. malum opus perlongare, saith Hugo Cardinalis. It is saith Emanuel Sa, minando, aut convitiando, (which seemeth the true sense) The Jesuits of Doway read, and cease to stretch out the finger. Gualther read∣eth emissionem digiti, and expondeth thus medij digiti, ostensio erat contemptus iudicium, digitis item minitamur, suppose none of all these signifie the laying on of the hands, or finger, but suppose that it is not laid on, and so much shall suffice con∣cerning these Scriptures, Acts 6. 2, 3, 5. 6. and Acts 14. 23:

A third argument from Scripture shall be this. If the extra∣ordinary

office bearers in these Primitive times were not chosen, nor put into their functions without the Churches consent, far lesse ought there now to bee any intrusion of or∣dinary Ministers without the consent of the Church; Iudas and Silas were chosen with consent of the whole Church unto an extraordinarie embassage, Act. 15. 22. So were Pauls company chosen by the Church, 2 Cor. 8. 19. The Com∣missioners of the Church of Corinth, were approved by the Church, 1 Cor. 16. 3. Yea Mathias, though an Apostle 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, was together chosen by suffrage, name∣ly of the 120 Disciples, Simul suffragiis electus est, as Arias Montanus, rightly turneth the word▪ Act. 1. 23. 26. Bell. de Cler. cap. 7. acknowledgeth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 est dare suffragium, & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 est ipsum suffragium, Paul and Barnabas were extraordi∣narily, and immediatly called of God, yet when they were to be sent to the Gentiles, God would have the consent and ap∣probation of the Church declared, Act. 13. 3. I conclude this argument from Scripture, with the Magdeburgians cent. 1. Lib. 2. Cap. 6. Neque Apostolos, neque alios ecclesiae mi∣nistros sibi solis, sumpsisse protestatem eligendi & ordinandi Presby∣teros & Diaconos, sed ecclesiae totius suffragia & consensum adhi∣buisse; tum ex, 1 Cor. 3 21. 22. Patet, tum exemplis probatur, Act. 1. 23. Act. 6. 6. Act. 14. 23.

The next argument is taken from antiquity, Cyprian Lib. 1. Epist. 4. is very full and plain, for the Churches right and liberty in elections. D. Feild Lib. 5. Cap. 54. citeth and Englisheth the words at large, Leo. Epist. 87. Cap. 1. requi∣reth in the Election of Bishops: vota civium, testimonia po∣pulorum, Epistola synodalis concilii. Car: bar. Sussitani apud Augustinum, Enar i•…•… Psal: 36. saith, Necesse nos fuerat Primiani causam, quem ple•…•…s sa•…•…cta ecclesiae Carthaginensis▪ Episcopum fuerat in ovile dei sortita, seniorum literis ejusdem ecclesiae postulanti∣bus audire atque discutere. The fourth councell of Carthage,

Can. 22. requireth to the admission of every Clergie-man, civium assensum, & testimonium & convenientiam. Socrates lib. 4. cap. 25. recordeth that Ambrose was chosen Bishop of Millane with the uniforme voice of the Church; and lib. 6. cap. 2. he recordeth the like concerning the Election of Chrysostome, to be Bishop of Constantinople. Moreover, I finde in the pretended Apostolicall, but really ancient constitutions, collected by one under the name of Clemens, lib. 8. cap. 4▪ 'tis appointed to ordain a Bishop, thus qualified 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in all things unblamable, one of the best and chosen by all the people, unto whom let the people, being assembled together on the Lords day, with the Presbyterie, and the Bishops then present give their consent. Then immediatly one of the Bishops askes the Eldership and people, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, if they desire that man to be set over them, which if they consent unto, he next asketh them (as a distinct question) whether they all give him a good testimonie for his life, &c. Greg: Nazianz. orat. 31. commendeth Athana∣fius his calling, as being after the apostolicall example, because he was chosen 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, by the suffrage of all the people. The councell of Nice in their epistle to them of Alexandria ap∣point some to succeed into the vacant places 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 so that they appear worthie, and the people chose them, Greg: Mag: Epist. lib. 9. cap. 74. clerum & populum singu∣larum civitatum hortari festina, ut inter se dissentire non debeant, sed uno sibi consensu, una quaeque civitas consecrandum eligat sa∣cerdotem, he that would have greater store of antiquity for this, may read Blondel. apol. pag. 379. to. 473. Gerhard citeth for the peoples right, Ambrose, Chrysostome, Origen, Isidore, yea twelve Popes, and diverse ancient examples, as the Election of Sabinianus of Athanasius, Peter the successor of Athanasius, of Eradius, the successor of Augustine, of Necta∣rius, of Ilavianus, and others chosen with the consent of the

whole Church; Gerhard. loc: Com. tom: 6. sect. 95, 96, 97. what need we to say any more of this, Bilson himself confes∣seth it, de gubern: Eccles. cap. 15. pag. 417. he saith the an∣cient forme was, totam ecclesiam nominationi & probationi Pasto∣ris sui prius consensisse, quam pro electo haberetur: And he obser∣veth (which another of his minde saith with him, Hist: of Epistopacy part. 2. pag 360) that the people did more wil∣lingly receave, more diligently heare, and more heartily love these in whose Election their desires were satisfied, Bell: de Cler: cap. 9. confesseth that in the time of Chrysostome, Ambrose, Augustine, Leo, and Gregory, the receaved forme of Electi∣ons was, that both the Clergie and the People should choose. Ancient testimonies for the Peoples Election, see also Smectimnus, pag 34.

Thirdly, we argue from the judgement of sound Protestant Churches and writters; The Helvetik confession tells us that the right choising of Ministers, is by the consent of the Church: The Belgick confession saith, we beleeve that the Ministers, Seniors, and Deacons ought to be called to these their functions, and by the lawfull Election of the Church to bee advan∣ced into these rooms: see both in the harmony of Confessions, Secl. 11. the French discipline we shall see afterwards: The tenent of Protestants, which Bell: de Cler: cap. 2. undertak∣eth to confute, is this; ut sine populi consensu, & suffragio ne∣mo legittime electus, aut vocatus ad Episcopatum habeatur. And though our writers disclame many things which he imputeth unto them, yet I finde not this disclamed by any of them, who write against him: It is plainly maintained by Luther, lib. de Potest: Papae▪ Calv▪ in Acts 6. 3. Beza confess. cap. 5. art. 35. Musculus in loc: com. Zanchius in 4. praecept: Iunius animad: in Bell: Contro. 5 lib. 1. cap 7. Cartwright on Acts 14. 23. Osiander. hist: Eccles: cent. 4 lib. 3. cap. 38. Gual∣ther on Acts 6, Stutonius Fazius in 1 Tim. 5. 22. Morney de

Eccles: cap. 11. Balduin: de instit: Ministrorum cap. 6. Bruch∣mand: Systhem: tom▪ 2. pag 885. 886. Walaeus de vocatione pastorum, & in loc: com: pag 474. Bullinger decad. 5. Ser. 3. pag. 300. Smectymnus, pag. 33. 34. Whittaker in his manus∣cript: de Clericis, which was never printed; ascribeth election to the people. So Festus Homius Speginen controv: Belgick. Art. 31. And many others whose testimonies wee can pro∣duce if need be, let five onely speak for the rest; Calvin in one of his Epistles, though writing against the itching eares, and groundlesse conceits of some people, yet asserteth this for a certaine truth.

Sane oportet Ministrum a populo approbatum esse, antequam i•…•… Ministerii possessionem mittatur, quod si quis seipsum intrudit aliâ viâ, ubi in Ecclesia ordo jam constitutus est, legittima voca∣tione destituitur, see the book of Spiles, pag 482. Edit. Genev: 1617. Gerhard tom: 6. pag 95. Vt Ecclesiâ consentiente Pastores vocentur, neve quis invitae Ecclesiae obtrudatur; habet expressa in Scripturis testimonia, & perpetuâ Ecclesiae primitivae praxi, com∣probatum est, Zanchius in 4. praecept: col. 81. saith, est igitur manifestum nunquam Apostolos quempiam ad Ministerium e•…•…egisse & ordinasse suâ tantum authoritate, sed semper id solitos facere consentiente & approbante Ecclesiâ, and col: 782. servatur haec eadem consuetudo etiamnum in mult is Ecclesiis reformatis, and Col: 783. Eligere Pastores sine plebis consensu, primum non est Aposto∣licum, neque legittimum, eoque talis Minister, legittimus non fue∣rit Minister, deinde pugnat cum libertate Ecclesiae, eoque adimitur ei quod Christus donavit, quantum autem est hoc crimen? Tertio non conducit Pastori, quia nunquam bonâ conscientiâ poterit suo fun∣gi officio, neque etiam conducit Ecclesiae, quia libenter non audiet, neque etiam amabit eum, qui sibi non consentienti obtrusus est, Da∣naeus in 1 Tim. 5. 22. quemadmodum totius Ecclesiae Pastor est futurus, ita ab omnibus debet approbari, nè quisquam gregi invi∣to Pastor obtrudatur. And after he hath cleared the whole mat∣ter

at length, hee concludeth, Ex his autem omnibus apparet, quam nulla sit vel non legittima eorum dei Ministrorum vel Ecclesiae, Pastorum vocatio, qui solius regis vel reginae, vel patroni, vel E∣piscopi, Archi Episcopi authoritate, diplomate, bullis, jussu, & ju∣dicio fiunt vel eliguntur, id quod dolendum est adhuc fieri in iis Ec∣clesiis, quae tamen purum Dei verbum habent, & sequuntur, velut•…•… in mediâ angliâ. The professors of Leyden in Synops: pur. theol: disp: 42. Thes. 32. Ius pastores eligendi, est penes Ecclesiam, ac proinde plebi commune, cum presbyteris: jus eos ordinandi soli Pres∣byterio est proprium. I must not forget to mention the order of the Church of Scotland, the first book of Discipline in the fourth head, saith, This liberty with all care must be reserved to every severall Kirk, to have their votes and suffrages in election of their Ministers, The second book of Discipline, cap. 3. saith, In the order of Election it is to be eschewed that any person be intruded in any offices of the Kirk, contrarie to the will of the Con∣gregation to which they are appointed, or without the voice of the El∣dership: The Generall Assemblie at Edinburgh, in Decemb: 1562. Sess: 3. Made this Ast, that inhibition shall be made to all and sun∣dry persons, now serving in the Ministery that have not been pre∣sented be the people, or a part thereof to the superintendent: The Generall Assemblie at Edinburgh, May 1586. Sess. 5. requireth the consent of the whole Parish to a Ministers Election, the words∣are these; Anent the doubt moved if it be lawfull to any towne, or city, where there is an Vniversitie, and a part of the parish of the same towne lying to landward, without their consent and votes to Elect a Minister to the whole parish and Vniversitie, preten∣ding the priviledge of an old use and custome. The Kirk hath vo∣ted thereto negative, that it is not lawfull so to do: The Gene∣rall Assemblie at Perth, in March 1596. Sess. 6. Doth forbid the choosing of Ministers without the consent of their owne flocks: The Generall Assembly at Glasgow, Sess. 23. art. 2^o. Doth revive the ancient order thus, anent the presenting either

of Pastors, or Elders and School-masters, to particular Congregations, that there be a respect had to the Congregation, and that no person be intruded in any office of the Kirk contrarie to the will of the Congre∣gation to which they are appointed In the Treatise called, The order and government of the Church of Scotland (published anno 1641. For information of the English, and for removing and preven∣ting all prejudices which the best affected among them had, or might conceave against our Church government) we have these words, pag 8. So that no man is here intruded upon the peo∣ple against their open or tacite consent and approbation, or without the voices of the particular Eldership, with whom he is to serve in the Ministery. And now if in any Congregation of Scotland, the practise should be contrarie to the profession, and rule esta∣blished (which God forbid, and I hope it never shall) it were a double fault and scandle. Finally, the order of the Church of Scotland is strengthened by the civil law of the Kingdome: For the second Parliament of King Charles, Act 7. did ordaine Pres∣byteries to plant vacand Kirks with consent of the Parishes. And Act 8. anent the Presbyteries providing and admitting Ministers to the Kirks which belonged to Bishopricks; It is alwayes provided, that this be without prejudice of the inte∣rest of the Parishes, according to the acts and practise of the Kirk since the Reformation: In the 9. Act of the last Session of the same Parliament, Presbyteries are appointed to plant vacand Churches upon the sute and calling of the Congrega∣tion.

In the fourth place, the point is confirmed from sound reason. For, 1. It is very expedient for the credite and bet∣ter successe of the Ministery, that a Bishop have a good name and testimony even among them that are without, as the A∣postle teacheth, 1 Tim. 3. 7. It is much more necessary, that he bee well lyked and approved of them that are within the Church. 2. It is a common maxime among the Fathers, School∣men,

and Summists, Quod ad omnes pertinct ommium con∣sensu siere debet. 3. As the free consent of people in the Electi∣on, is a great obligation and ingagement, both to them, to Subject themselves in Christian and willing obedience to him, whom they have willingly chosen to be over them in the Lord, and to the person elected to love them, and to offer up himselfe gladly upon the service and sacrifice of their faith: So where this obligation or mutuall union of the hearts of Pastor and People is wanting, mutuall dueties are not done 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but as it were by constraint and necessity, they in the mean time drawing back from the yoke, and hee, at the best watching over them, not with joy, but with grief and sor∣row of heart. 4. In stead of peace and harmony, there shall be contention and contradiction, Gerhard. tom: 6. pag: 105. Ministros vocaricum consensu & suffragiis Ecclesiae cui praeficiun∣tur, alit mutuam concordiam inter auditores & Pastores, summe necessariam, a movet etiam dissidia ex neglectu hujus ordinis metu∣enda. 5. It breadeth great peace and confidence when one is thus called. Whittaker de Ecclesiâ quaest: 5. cap: 6. defend∣eth the calling of Luther, Zuinglius, Oecolampadius, &c. Upon this ground, quia sunt a populis & gregibus vocati. 6. Experience hath made men to know the comfortable fruits of free Election, and the unhappie successe of violent intrusi∣on. Constantius the sonne of Constantine, did put Orthodox Bishops from their places, and substitute Arrians in their roome, with the contradiction and reluctation of the Churches. The like did Papists in the Palatinat, and other places where their Dagon was set up againe. So did the authors and urgers of the Interim in Germany. So did the Prelats in Scotland, Eng∣land, Ireland. Upon all which intrusions many unspeakable evils did follow. If wee after a second Reformation should now permit violent intrusions, this might well be a prologue to much co•…•…fusion and disorder.

Lastly, I argue from the confessions of adversaries them∣selves, we have cited before the confession of Bilson, and of the author of the history of Episcopacy, and of Salméron, I will adde Peresius de traditionibus, who undertaketh to confute the Protestant tenent, That it belongeth to the people to elect or reject their Ministers; Hee argueth from antiquity, and yet in that same argumentation, he is constrained to speak for us. For speaking of the three Bishops which by the ancient Ca∣nons might ordain a Bishop, he sayeth, Verum tamen est quod Episcopi isti qui ad electionem Congregabantur, consensum expecta∣bant cleri & populiut in concilio carthaginensi quarto refertur, qui consensus magis erat testificatio vitae ejus qui erat ordinandus, & signum quoddam expressivum ejus desiderii, quod volebat Paulus quando bonum testimonium populi dicebat expectandum ante ordina∣tionem. Et infra. Hoc enim modo magis pretiosus esset illis praela∣tus, magisque amabilis, ne cogerentur inviti inutiles homines, & inter dum perniciosos suis sudoribus alere. And Answering to the passage of Cyprian lib: 2. Epist▪ 5. he sayeth; That tho hee hath not read of it, yet forte erat mos tempore ejus in Ecclesiis Hispaniarum (for they were two Spanish Bishops of whom Cy∣prian writs in that Epistle) ut aliqui ex populo vocem haberent, electivam. Quod vero dicit populum posse recusare indignos, etiam fassi sumus, quantum ad Electionem si indignitas ordinandi sit not a & populo perniciosa. But what sayeth the Canon law it selfe, Decr: part: 1. dest: 62. Electio clericorum est petitio plebis. He was a Popish Archbishop who condescended that the city of Magdeburg, should have jus vocandi & c•…•…nstituendi Ecclesiae Mi∣nistros: Neither would the city admit of peace without this condition. Thuan hist: lib: 83. pag 85. I had almost forgot D: Feild of the Church lib: 5. cap: 54. Confessing plainly that each People and Church stand free by Gods law, to admitte, maintain, and obey no man as their Pastor without their lyking: and that the peoples election by themselves, or their rulers dependeth on

the first principles of humane fellowships and Assemblies: For which cause, tho Bishops by Gods law have power to examine and ordain before any man be placed to take charge of Souls, yet bave they no power to impose a Pastor upon any Church against their wills. Hee citeth diverse testimonies of antiquity to shew that the ancient Elections were by the Church or the greater part thereof.

It remaineth to answer some objections. And first it is ob∣jected, That this is a tenent of Anabaptists, Independents, and Separatists. Ans: 1. But shall we condemne these truthes which either they, or Papists, or Arrians doe hold? Quid est, saith Cyprian, quia hoc facit Novatianus ut nos non putemus esse faci∣endum? We may goe one myle with the Scriptures, though we goe not two myles with the Independents, or three myles with the Anabaptists, or Separatists. 2. Neither in this same point of Elections doe we homologat with them, who give to the collective body of the Church (women and children under age onely excepted) the power of decisive vote and suf∣frage in Elections, we give the vote onely to the Eldership or Church representative, so that they carrie along with them the consent of the Major or better part of the Congregation. Gamachaeus in primam secundae quaest: 15 tells us out of Thomas this difference betwixt consent and election: that though every choosing bea consenting, yetevery consenting is not a choosing: The liberty of consent is one thing; counsell or deliberation another thing: The power of a decisive voice in court or judi∣catory a third thing. I speak of a constituted Church (for where there is not yet an Eldership, there can be no such distinction: yet however bee there an Eldership or bee there none, the Churches consent must be had.) The first of these we ascribe to the whole Church, without whose knowledge and consent Ministers may not be intruded. The second to the ablest and wisest men of the Congregation, especially to Magistrates, with whose especiall advice, privity, and deliberation the

mater ought to be managed. The third which is the formall, and consistoriall determination of the case of election, consist∣eth in the votes of the Eldership: Their way is much diffe∣rent from this, who would have the matter prepared by the conference, and deliberation of the Eldership, (as wee use to doe in Committees) but determined and decided by the votes of the whole Congregation. 3. Let them speak for us who have particularly written against the Separatists and Indepen∣dents. Laget in his defence of Church-government, part. 1. cap: 1, In the stating of the question about popular govern∣ment, declareth that the question is not, whether in maters of greater importance, and more publick concernment, (as ad∣missions, excommunications, and absolutions of members, elections, and depositions of officers) the case ought to bee made known unto, and determined with the free consent of the people (for all this he willingly granteth.) But whether every cause to be determined, ought to be brought to the mul∣titude, or body of the Congregation, and they to give their voices therein together with the officers of the Church.

M^r. Herle the reverend and learned prolocutor of the As∣sembly of divines at Westminster in his treatise, intituled, The independency on Scriptures, of the independency of the Churches, pag: 3. While he stateth the question, saith, We acknowledge that the Pastors and other officers were ancientlie, and it is to be wish∣ed they still were chosen (at least) consented to by the members of each respective Congregation: But that they are to bee ordained, d•…•…posed, or excommunicated by the Presbyterie, &c. Moreover they of the Separation, and if not all, yet (sure) some Inde∣pendents place the whole essentiality of a calling in Election, accompting ordination to be no more but the solemnization of the calling. We say, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or the missio potestativa, or the power and commission given to a man, by which hee is made of no Minister to be a Minister, is not from the Churches electing

him, but from the lawfull ordaining him: And that Election doth but designe such a person to the Ministery of such a Church. For as Gamachaeus sayeth in tertiam partem Thomae do Sacr: ordin: cap: 7. the people cannot give spirituall authori∣ty which themselves have not: Et quamvis fateamur, saith hee, Laicos saepissime vocatos ad electionem Ministrorum Ecclesiae, tamen longe est aliud loqui de ordinatione, quam de electione, &c.

Object: 2: This liberty granted to Congregations prejudg∣eth the right of Patrons? Ans: 1: If it were so, yet the argu∣ment is not pungent in divinity, for why should not humane right give place to divine right? Nec Episcopale nec patronatus jus Ecclesiasticis Canonibus introductum praejudicare potest potestati jure divino toti Ecclesiae in Ministrorum Electione competenti, saith Gerhard Tom: 6. Sect: 114. The states of Zeeland did abolish patronages, and give to each Congregation the free Election of their own Minister, which I take to be one cause why Re∣ligion flourisheth better there then in any other of the united provinces.

Object. 3. The Churches liberty of consenting or not con∣senting, asserted by the arguments above mentioned, must e∣ver be understood to be rationall, so that the Church may not disassent without objecting somewhat against the doctrine or life of the person presented. Answ: 1. The author of the histo∣rie of Epistopacy part: 6. pag: 362. 364. tells us out of the book of Ordination, that the people are free to except against these that are to be ordained, and are required if they know any crime, for which they ought not to be receaved unto the Mi∣nistery, to declare the same. He saith further, that Presby∣ters are elected by the Patrons, for and in the name of the rest of the people. pag: 365. So Peresius de tradit: part: 3. pag: 200. confesseth that people should be required to object what they can against the fitnesse of the man to be ordained. Now then if this be all, that people may object, it is no more then

Prelats, yea Papists have yeelded. Answ. 2. This objection cannot strike against the election of a Pastor, by the judgement and votes of the particular Eldership of that Church where he is to serve: For it is evident by the Scriptures, testimonies, and reasons above specified, not onely that the Church hath liberty of disassenting upon grounds and causes objected, but that the Eldership hath power and liberty positive to elect (by voyces) their Ministers. Now men vote in Elderships, (as in all courts and consistories) freely according to the judgement of their conscience, and are not called to an accompt for a reason of their votes. 3. As the vote of the Eldership is a free vote, so is the Congregations consent, a free consent, and the objection holdeth no more against the latter then against the former, for they are both joyntly required by the Church of Scotland as appeareth by the citations foresaid. 4. Any man (though not a member of the Congregation) hath place to object against the admission of him that is presented, if hee know such an impediment as may make him uncapable, either at all of the Ministery, or the Ministery of that Church to which he is presented: So that unlesse the Congregation have some∣what more then liberty of objecting, they shall have no pri∣viledge or liberty, but that which is common to strangers as well as to them. In this fourth answer, I am confirmed by Blondellus a man intrusted, and set apart by the nationall Sy∣nod of the reformed Churches of France, for writing and handli•…•…g of controversies. In his Apologiâ prosententia Hie∣romini, pag: 383. Replying to Bellarmine who would enervate Cyprians testimonies (for the peoples right to choose their Ministers) by this evasion which now I speak to, saith, Nec pu•…•…idum in gravi Scriptore commentum ferendum, populum habere potestatem eligendi & suffragium ferendi, quia potest dicere siquid noverit boni v•…•…l mali de ordinando, & sic testimonio suo efficere ut non eligatur: quasi vero is eligendi & suffragium ferendi potestate

praeditus eaque usus dici debeat, qui id tantum prestat, quod omni electionis & suffragii jure absolute carens praestare (quandocunque libet) potest, autoris quisquam adeo duri reperiatur ut infidelium pessimos quicquid boni vel mali de ordinando noverint dicere, & sic testimonio suo ut nō eligatur efficere posse negare audeat, habe•…•…unt sci∣licet ex adversarii hypothesi aequo cum sidelibus jure eligendi & suffragium ferendi potestatem. 5. Though nothing be objected against the mans doctrine or life, yet if the people desire ano∣ther better or as well qualifyed, by whom they finde them∣selves more edified then by the other, that is a reason suffici∣ent (i•…•…a reason must bee given at all) and it is allowed by Danaeus in 1. Tim: 5. 22. and by the first book of discipline in the fourth head, 6. It being condescended upon in the Parliament of Scotland that his Majestie with consent and ad∣vice of the Estates, should nominate the officers of Estate. The Estates of Parliament were pressed to give a reason of their disassenting from his Majesties nomination, but they refused. And I am sure consenting or not consenting in a matter Eccle∣siasticall, ought to be as free, if not more free, then in a matter civill.

Object. 4. This course may prove very dangerous for an a∣postatizing Congregation, for a people inclining to Heresie or Schisme, will not consent to the admission of an orthodox and sound Minister. Answ. 1. The intrusion of Ministers against the Congregations will, doth more generally and uni∣versally draw after it, great evils and inconveniences, 2. The corruptions of many Patrons, and peradventure also some Presbyteries may be more powerfull to intrude insufficient or unsound Ministers, then the unsoundnesse or errour of this or that particular Congregation, can be to hinder the admission of them that are sound. 3. We shall heartily accord that a he∣reticall or a Schismaticall Church, hath not just right to the liberty and priviledge of a sound Church. 4. Zanchius in

4. praec: col: 784. Would have a Congregation infected with Heresie or Superstition, before there bee a Ministery setled a∣mong them, to be first convinced of their error, by some o∣ther Pastor sent unto them by the Christian Magistrate for a time, and extraordinarly as a kinde of Evangelist. At vero saith he, cum constitutae sunt & formatae verae Ecclesiae, cur tune saltem non relinquitur illis libertas eligendi suos Pastores?

Object: 5. People do often erre in their choise, and cannot judge of the qualifications and abilities of Pastors, but fol∣low blindly the humors of their Lords or leaders. Answ: 1. We must beleeve what Christ saith, Iohn 10, 4, 5. That his sheep know his voice, and a stranger they will not follow, but will flee from him. 2. There are also in Presbyteries and in all Judicatories, some leading men whose judgement is much respected and hearkened unto. 3. Hee that followeth another is ever blind: A people may follow leading m•…•…n; and yet see with their own eyes too. 4. When Bellarmine objecteth that a people cannot judge, whether a man be fit for the Ministery, Iunius animad: Contr: 5. lib: 1. cap: 7. not: 24. Answereth that the Congregation judgeth not simply and absolutly whe∣ther one be fit for the Ministery, but whether he be fit to serve in the Ministery among them. VVhich two are so different, that of two men offered to a Congregation, he that is absolutely and simply the best qualifyed for the Ministery, is not to bee for that cause admitted hic & nunc, but hee who is fittest for that Congregation. Now a rude and ignorant people can judge which of the two speaketh best to their capacity and edificati∣tion. 5. VVhen any Congregation makes choise of an unfit or dangerous person, against whom there is just exception to be made, they must not therefore be robbed of their right, but called upon to make a better choise: This right people had from a Pope, Greg: Mag: Epist: lib. 6. Epist: 38. Habitato∣res Lucensis civitatis quendam ad nos Presbyterum adduxerunt, quì

eis debuisset Episcopus ordinari, Sed quia mimine dignus inventus est nec diu sine proprio possunt consistere sacerdote: a nobis admoniti in se•…•…inio promiserunt alium studiose qu•…•…rere, &c.

Object: 6. Seldome or never shall a Congregation bee found all of one minde, and because this might bee answered in the words of Gregorius de valentia in tam secundae disput: 7. quaest: 5. punct: 5. Nam moraliter loquendo illud tota communitas facere censetur quod facit major ipsius pars. Therefore to make the ob∣jection stronger, it may be further added, that oftentimes the greater part shall overcome the better part, because in every corporation there are more bad then good, more foolish then wise: This inconveniencie is objected by Bellarmine de Cleri∣cis, cap: 7. who tells us further that popular elections are sub∣ject to tumults and seditions. We answer with Iunius ubi su∣pranot: 23. 27. first inconveniences do also follow upon electi∣ons made by Presbyteries and Patrons without the peoples consent. 2. De incommodis prudenter curandis, non dere sanctâ mutandâ temere, sapientes videre opportuit. 3. For avoiding in∣convenience of this kinde, it is to be remembred, that the Con∣gregation ought to be keeped in unity and order (so far as may be) by the directions and precedence of their Elders, and by the assistance of Brethren chosen out of other Churches, when need so requireth. 4. Zanchius ubi supra, col: 783. answereth out of Calvin; praesideant plebi in electione alii Pastores, & cum ipsis etiam Magistratus conjugatur, qui compescat tumultuantes & seditiosos. VVherein there is great need of caution, lest un∣der pretence of suppressing tumults, the Churches libertie of consenting or not consenting be taken away; As upon the o∣ther part, the Election is not to be wholly and solely permit∣ted to the multitude or body of the Church, which is the mea∣ning of the 13. Canon of the counsell of Laodicaea, as it is ex∣pounded by Osiander. Gerhard, Iunius and oth•…•…rs. 5. When a Congregation is rent asunder, and cannot agree among them∣selves,

this evill may b•…•…e helped in Subordinate, though not in Independent Churches, for the higher consistories, the Presbyteries and Assemblies of the Church, can end the controversie and determine the case, after hearing of both si•…•…es.

Object: 8. As for that which may reflect on Ministers, that have not the peoples consent. 7. Answ: It is ordination that maketh men Ministers. And the want of the Churches suffrage cannot hinder their being Ministers, it concludeth onely that they did not ritè and ordinatè enter into their Ministery hic & nunc in such a Church. 2. This also is helped by a posterior approbation of the Church, as a woman marrying a man un∣willingly, yet after loving him as her husband, removeth that impediment.

I conclude with a passage out of the Ecclesiasticall discipline of the reformed Churches in France, cap: 1. The silence of the people, none contradicting, shall be taken for an expresse consent, but in case there aryse any Contention, and hee that is named should be lyked by the consistory, and disliked by the people, or by most part of them, his reception is then to be delayed, and report of all to bee made unto the conference or provicniall Synod, to consider aswell the justification of him that is named, as of his rejection. And altho he that is named, should there be justified, yet is he not to bee made or given as a Pastor to the people against their will, nor to the dislike, displeasure, and discontent of most of them. Nay the Popish French Church, hath no lesse zealously stood for their liberty in this point in so much, that the intrusion of men into Ec•…•…le∣siasticall charges by the Pope himself, hath been openly oppo∣sed, as shall most fully appeare to any who shall read the book intituled. Pro libertate Ecclesiae Gallicanae adversus Romanam au∣lam defensio, Parisiensis curiae, Lodo vico undecimo Gallorum Regi, quondam oblata. In which they do assert against the Papall usur∣pations, the liberty of Elections both by Clergie and people,

Their reasons are these among others; Cum Episcopus Ecclesiae sponsus sit, & matrimonium quoddam spirituale inter ipsum & Ec∣clesiam contrahatur, necessario consensus Ecclesiae in•…•…ervenire debet. And after, Cum Episcopus solemniter a collegio eligitur, confirma∣turque servatá programma•…•…um & inquisitionum forma, eò certe ma, or est populi de eo existimatio, magisque eum venerantur, obser∣vant & diligunt populares, quam siipsis invitis obtrudatur. Ideoque doctrina ejus l•…•…nge sructuosior est, & ad aedificandum multo effica∣cior. Hinc tametsi Petrus Christi vicarius esset, & caput Ecclesiae: tamen mortuo Iuda qui unus Apostolorū erat caeteri omnes pariter eli∣gerunt, & sors cecidit super Matthiam ut in actis Apostolorum legi∣tur. Lucius Pontifex Romanus vir sanctus, & Martyr, qui Ecclesiae Romanae praesuit anno, 154. ita decrevit: Nullus in Ecclesiae ubi duo vel tres fuerunt in Congregatione, nisi eorum electione canonca Presbyter eligatur, &c. The same thing doth Duarenus de Sacr: Eccles: Minist: lib: 5. cap: 1. Confirme, not on•…•…y from the an∣cient Canons, but from the Election of Matthias Act: 1. and that of the Deacons Act: 6.