A treatise of liturgies, power of the keyes, and of matter of the visible church. In answer to the reverend servant of Christ, Mr. John Ball. By Thomas Shephard, sometimes fellow of Emanuel-Colledge in Cambridge, and late pastour of Cambridge in New-England.

CHAP. XIIII. (Book 14)

Position 5.

THat the power of excommunication is so in the body of the Church, that what the major part shall allow must bee done, though the Pastors and Governors, and the rest of the assembly be of another mind, and that peradventure upon more substantiall reasons.

Reply. This question is much mistaken, for the demand is not, Whether in the Congregation matters should be carried by number of votes against God, as you interpret the position, but whether the power of excommunication so lie in the body of the Congregation as that sentence must proceed in exter∣no foro, according to the vote and determination of the major part, and so in admissions of members, &c. and though they have no power against God, but for God, yet in execution of that power they may bee divided in judgement, and one part must erre▪ Now hence the question is moved, Whether the power hee so in the people, that what the major part determine must stand.

Answ. If our whole answer had been attended unto, it is so cleare and full, that it could not with any shew of reason bee subject to such a mistake: To omit the first part of our answer affirmatively, wherein wee cite Mr. Parker as consenting with him. In the se∣cond part to the position as stated, our answer is plainely nega∣tive, that excommunication is not so seated, neither ought to bee so in any of the Churches of the Lord Jesus. What followes is our reason grounded upon the last clause of the position, because Churches ought to carry things not by number of votes against God (as this position implies) but by strength of Rule and Rea∣son according to God, and for edification, 2 Cor. 13. 8. 2 Cor. 10. 8. Now let any judge whether the position doth not imply such an absurdity so oft as things should bee carried by the major vote against the Officers, and the rest having better Reasons, and therefore wee are apt to think that if the learned author had been so ready to embrace any syllable that lends to dislodge these

thoughts of us as leaning to separation, hee would have beleeved our plaine negation of this position, which indeed is according to our constant practise never following the major part of votes against the Officers, but counting it the duty of the Officers in such cases either to satisfie the consciences of the major part (or lesser) by the rule of the word, or to yeeld not to the vote but reasons if they bee stranger; or to suspend the businesse, and referre to the counsell of other Churches, if they cannot agree but a divi∣sion arise according to the patterne, Act. 15.

Reply. Amongst them that hold the power of the Keyes to bee given to the Church, some (as Fenner, Parker, I. D.) distinguish between the power it selfe which they give to the Church, and the execution which they confine to the Presbytery, others give the power of the Keyes with the exercise thereof to the whole body of the Church; or if in the dispensation they attribute any thing to the Officers, it is but as servants of the Church from whom they derive their authority, and here lies the stone at which the Separation stum∣ble, and which wee conceive to bee your judgement and practise, wherein wee required your plaine answer, but have received no satisfaction. You referre us to Mr. Parkers Reasons to prove the power of the Keyes belong to the whole Church, who are of farre differing judgement from him in the point it selfe, and if your judgement and practise bee as the Se∣paration (as wee feare) you dissent from him and wee from you in these considerations.

Answ. Wee are sorry to see this Reverend man of God so strongly possessed with a prejudicate opinion and feare of our concurrence with the Separation: (upon what grounds it is not said, nor can wee apprehend) That neither our flat negation of the position, nor our reference to Mr. Parker as concurring with him, should give him any satisfaction to the contrary. But if that bee the judge∣ment, and practise of the Separation which is here imputed unto them, viz. That the power and exercise of the Keys is in the body of the Church, and what the Officers doe therein is but as ser∣vants of the Church from whom they derive their authority; if our profession may bee of any use to satisfie, wee doe freely, and heartily professe to the contrary: affirming that the authoritative power of transacting all things in the Church, is in the hands of the Officers who minister in the name and power of Christ to and over the Church, and that the power or liberty of the commu∣nity whereby they may and ought to concurre with their guides, so long as they rule in the Lord, is to bee carried in a way of obe∣dience

unto them, and when upon just cause they dissent from them, still they are to walke respectfully towards them, and wee thinke our brethren are not ignorant that Mr. Parker and Fenner give as much to the Church in excommunication, as wee have pleaded for in any of our publique writings. But seeing wee are led by this learned author from this particular question about excommunication to that beaten controversie of the power of the Keyes in generall, and the first subject thereof, whereby wee are forced to declare our selves herein; wee shall briefly gleane up some few of our scattered apprehensions, as may most concerne the case in hand.

1 There are divers Keyes that are diversly distributed to seve∣rall subjects in respect of execution, and therefore the question should have beene first stated: and what Keyes are denied to the people and appropriated to the Officers. And what to some Offi∣cers, not to others, should have been shewed before Arguments were pressed.

2 The state of the Church being mixed of an Aristocracy to* 1.1 which belongs Office, and Democracy to which belongs privi∣ledge; hence the power of the Keyes is twofold. 1 * 1.2 Officiall pow∣er. 2 Fraternall. The first belonging to the guides of the Church, the other to the fraternity thereof.

3 The officiall power of the Keyes is a power to act with au∣thority in the name of Christ ministerially in opening and shut∣ting, binding and loosing, &c. In respect of which Office (while the Minister acts according to the will of Christ) he is over the Church in things properly Ecclesiasticall, because hee stands in the roome of Christ, and comes in his name, and hence in those Church acts which are not proper to him, but common in some cases to the fraternitie, yet there is an office-authority upon them, which is not upon the like acts materially done by others. Ex. gr. Any brother may and ought to exhort▪ and rebuke, 1 Thes. 5. 14. Heb. 3. 13. Titus a Minister is exhorted to doe the same thing, but with all authority, Titus 2. 15. some able and gifted, though not in Office, may occasionally open and apply the word, yet not with an Office-authority. But an Officer preacheth as an Ambassadour of Christ, 2 Cor. 5. So also in admission of mem∣bers, and casting out of offenders (wherein though the fraterni∣ty have a power whether in consenting or otherwise) yet they act obedientially in respect of their guides, declaring the rule, going

before them in example, and commanding them (if need bee) in the name of Christ to doe his pleasure. But the Officers act in these things in the name and authority of him in whose roome they stand, and hence wee thinke that in case the fraternity with∣out Officers should cast out any, yet it is not altogether the same with that which may bee dispensed by the Officers thereof, it be∣ing no officiall act.

2 Fraternall power (in publike Church acts) is a joynt power of liberty or priviledge (in some sense, & in some cases) to open, & shut; which power is not in any one or more severally; but in the whole joyntly, for as they have power to combine, and so to receive others into the communion, so by like reason to shut out offenders from their communion; but thus they do fraternally, not officially: and as they have such a power of election of Officers to them, so they have also a fraternall power (due order being attended) to shut them out (when there is just cause) according to the common received rule, Cujus est instituere, ejusdem est & destituere.

These things which might bee more fully explained and con∣firmed, wee have onely briefly set downe both to wash off the blot of popular Government from the wayes of Christ, as if all au∣thority were taken from the Ministers, or nothing left them but to dispense the seales, and in all other things to sit meerely as a mo∣derator in the Churches of Christ, which wee utterly disclaime.

And also to make way for our more cleare answer to what is objected here in the Reply: Wee grant therefore the first argument and the conclusion thereof thus farre, that the officiall power of the Keys was not given to the whole multitude, but onely there is given to them a power to choose Officers, which Officers should execute the same.

Reply. 2 If Christ gave this power to the community, was it from the beginning of the Church, or tooke it effect after the Church was planted? Not the first, for then the Apostles themselves should derive their power from the community, which they did not.

Answ. This reason is answered before (so farre as concernes our te∣nent) in the second consideration, where it is alledged, to which wee referre the Reader; neither doe wee say the officiall power is so given to the community, but such things as are here added, wee shall consider so farre as concernes us.

Reply. The Apostles and other Governours were given of Christ to the Church

as for their end, and all their authority was given unto them for the Church, as for the whole: but the authority it selfe was immediatly deri∣ved from Christ, and is not in the Church as the immediate subject, nor derived from the Church, but from Christ the King of the Church. The authority of Governour is given of Christ for a gift to the Church, but not a gift absolute. That it may reside in the power of the whole Church, but for a conditionall gift communicated to the Governours for the good of the whole. Parker, pol. lib. 3. cap. 8.

Answ. 1 Concerning the power of the Apostles, and extraordinary Officers wee now dispute not, it was answered before; and for the authority of other Officers, wee doe not affirme that it is derived from the Church, but from Christ for the good of the Church; but if the question bee of the application of an Office, and the power of it to such and such persons in the Church, wee would demand whether Christ doth this to such a Pastour and Teacher immediatly or mediatly: if immediatly, then their call is not (in this) different from Apostles, which Paul expresly distinguisheth Gal. 1. 1. Paul was an Apostle, not of man, nor by man, but of God, and by Jesus Christ; false Teachers are of man, and by man. True Pastors as Thomas, Iohn, &c. are of God by man, and if Christ communicate this Office, and the authority annexed unto it mediatly by man, not immediatly, the question is, Who is the subject of this power to call, and so to apply this office in the name of Christ to this or that person, John, Thomas, &c. Wee hold this fraternall ministeriall power (under Christ) is in the Church, and so farre wee shall defend this position, and where▪ ever it be else placed it will be subject to all the absurdities that are imputed to us. To the sentence of Parker we answer, that the misinterpre∣ting one word of his sentence doth pervert his whole meaning, his words are Pro dono conditionali ut Rectoribus communicetur, i. e. that the Church might not communicate that power to Officers, nor keepe it in her owne hand. Or that it might bee communi∣cated from Christ by the Church. And this will appeare his mea∣ning, and it agrees with that position hee holds so strongly, that the Church is the first subject of the Keys.

Reply. After the Churches were established, it tooke not effect, for it is no where found in Scripture that Christ first committed this power to the A∣postles, and after to the community; the Ministers and guides were imme∣diately of Jesus Christ from whom immediately they derive their power and authority, by whom they are set over their charge, in whose name they

execute their Office, &c. Yea Pastorship is the gift of Christ as well as Apostleship; and every Pastor is not immediately called, but the office and or∣der of Pastors, the calling, authority and jurisdiction is immediately from Christ, not from the Church.

Answ. First, the power of the Keyes (in a right sense given to the Church) tooke effect from the beginning in Christs institution, and in the frequent practice of the Church, as is shewed before, and therefore this is needlesse to bee proved, that it tooke effect af∣ter. Secondly, that Ministers and guides were immediately from Christ, (if you meane ordinary officers) and that every Pastour is not immediately called, seemes to be a contradiction: the places, Act. 28. 8. Ephes. 4. 8. &c. doe not prove that all Officers are imme∣dately from Christ, though they bee set in the Church by Christ and over the Church by the Holy Ghost, &c. This the Lord can doe, and doth doe by the meanes of his Church walking accor∣ding to his rule and institution, and therefore you must come at last home to our tenent, (as here you doe) that Pastorship, the office, power, jurisdiction, &c. annexed to it, is immediately from Christ, viz. by his institution in the Gospel: but Pastors every one that receive this office, hath it from Christ, but by his Church calling them to the same, and in the name of Christ applying it to them: and thus far we agree with you.

Reply. The Steward is appointed of the Master of the family alone, and hath all his authority from him. Every Embassador in the cause of his Embassage doth immediately depend upon him from whom he is sent: but if the functi∣on, order and authority of Pastors and Teachers bee immediately from Christ, then it is not received from the Church as the immediate receptacle.

Answ. Answ. First, though Pastors in respect of the exercise of their function dispense the Word and other Mysteries of Christ as from him immediately, and so are fitly compared to Embassadors and Stewards, yet in the call of the one and other to that work there is a plaine dissimilitude, the one being called Mediately, the other Immediately by their Masters, and therefore in this case it proves nothing.

What doth this argument conclude? if onely that the functi∣on and order is not from the Church as the first subject, we rea∣dily grant it; if the application of the office to such a person, (so farre as may bee done by an outward call) it followes not at all, for the function and office may bee from Christ, and the application thereof by the Church.

Reply. Thus Protestant Divines dispute against Papists, if Bishops receive their power and authority of exercising immediately from Christ by Man∣date, Mission and commission from him, then not from the Pope, and so for Presbyters in regard of the Bishop.

Answ. The reason and ground of that dispute is because the Pope claimes a plenitude of power from Peter, whence all must see derived to all Bishops, &c. bee they never so orderly chosen and ordained in their owne esteeme, and so indeed usurps the Pre∣rogative of Christ the head of the Church. The like usurpation •••• its degree was in the Bishops over Presbyters: But here the case is farre different, the Church claming no such power, but onely Ministeriall in the outward call of officers according to his direction, and so the application of that office unto the persons, which hath sufficient ground of Scripture from Christ, and there∣fore we grant the conclusion. viz. That they derive not their pow∣er from the people, but from Christ: by meanes of the Church Ministerially and instrumentally applying that office to them, whereunto Christ hath annexed that power. Lastly the like argument may be objected against any other subject of this pow∣er you can or will suppose, even the Presbytery it selfe.

Reply. It is usually objected that the Church cannot convey what she never had: but the people may elect their Pastor.

Whereunto the answer is direct and plaine, nothing can give that it had not formally or vertually, unlesse it give it as an instrument ministring to one that hath it, but so it may give what it never had, nor is capable of. A Steward may give all the offices in his Masters house as ministerially executing his Masters pleasure.

Answ. This answer doth not satisfie, for wee cannot put off our old principles of Reason, that every instrument ministring to the prin∣cipall cause doth Conferre vim ad effectum: and so farre, or in what sense it gives any thing to the effect in that sense, and so farre it must needs have vertually or formally the same in itselfe. If a Con∣duit convey water ministerially from the fountaine to the house, it hath water in such a sense, as it doth concurre to the effect: and so the Church cannot give the Keys to the Officers as an instru∣ment of Christ, but it must be granted shee received them from Christ vertually to give them to the Officer. Secondly, for the in∣stance; if it bee meant of a Steward giving the offices to such per∣sons as his Master hath named thereunto, and he instals them into the same, the case is not alike yet, here hee must have some

power and authority so to doe so that he hath these offices vertu∣ally in his hand, but if it be his Masters will, he shall choose what persons hee sees fit according to rules given him, (which is the case here) then hee hath this power vertually in his hand.

Reply. Thirdly, if Ecclesiasticall and spirituall power be in the multitude and community of the faithfull, the Church doth not onely call, but make Officers out of power and vertue received into her selfe, and then should the Church have a true Lord like power in regard of her Ministers.

Answ. If there be any such that hold the Church hath so the power of the Keyes in her selfe, as that she may derive from her selfe au∣thority to the Officers, let such looke unto the conclusion; as for Mr. Robinson, though wee doe not approve the sentences you cite out of him, yet we doubt whether you doe not goe beyond his sense & meaning: but according to our sense of this position before layd downe, neither this absurdity of Lordship over the Officers, nor any others that are instanced in, under this reason doe at all follow; and they may bee as strongly urged against the Presby∣teries, Classes, Synods, Catholick Church, or any subject of the Keyes that can be named: And the objection, viz. That God will have the Church choose Officers to execute the power committed to her, is so answered in the same page, as will serve us as well as you, viz. God will have her elect Officers of his designment (that is, such as the rule directs her to choose) to doe his worke according to that Power which hee hath given them, and by his direction, and then they are Gods servants and not the Churches, and receive that charge and function im∣mediatly from God, and not from the people; wee meane no otherwise then by that outward call instrumentally applying that Office unto them; and in this sense wee close with you herein: and indeed this power of electing Officers doth not ever include authority over them whom they chuse, but rather willing subjection unto them, and setting them up to rule; as when a woman chooseth a husband, she makes him her husband in a sort, but withall her head and ruler; so when a people choose a Major, &c.

Reply. Fourthly, if the Power of the Keyes be given first and immediatly to the community of the faithfull, what reason can bee alleadged why in defect of Officers the Church might not rule, feed, bind, loose, preach, and admi∣nister Sacraments; or if any faile in Office, why shee might not supply that want by her power, for the power of the Keys doth containe both authority and exercise, power being given that it may bee exercised, as it is vouchsa∣fed: but the Church cannot exercise these acts of rule. Ergo.

Answ. The reason is, because the Church hath not received some of the Keyes formally but onely vertually, and (as was said out of Parker) not as a gift absolute but conditionall, that it might bee communicated to the Officers. Such power as the body of the Church hath received formally shee may and doth exercise, as a power of choosing Officers, a power of judging in censures, 1 Cor. 5. 12. and the like, the power of preaching properly so called & dispensing Sacraments, &c. being acts of authority, the Church hath them onely vertually, and therefore must choose Officers, to whom Christ her Lord hath given authority in the Church. A Corporation that by Patent from the King hath many Priviledges, the power is given to the Body incorporated, and so it is the first subject of it, yet many acts cannot be put forth, but by Officers duely chosen: and so here.

Reply. For these Reasons (not to insist on any more) wee judge the com∣munity of the faithfull, not to bee the immediate receptacle of eccle∣siasticall authority, and so the Power of excommunication, not to belong unto them.

Answ. By this conclusion it appeares that how ever the author began professedly against us as Separatists in this point, yet he followes the cause against Mr. Parker, with whom hee seemes to be friends. Secondly, the power of excommunication may belong to the Church or community in respect of a fraternall power of judg∣ing, though officiall authority bee not formally given to the Church but to the Officers.

Reply. If consent of Churches bee asked in this point, to omit others, the Chur∣ches of Scotland speake fully and expresly for us in the second booke of Discip. Cap. 1. The Church as it is taken for them that exercise spiri∣tuall functions in the Congregation of them that professe the truth, hath a certaine power granted of God according to which it useth a proper juris∣diction, &c. Beza de Presb. pag. 60. Helv. Confess. Cap. 18. Bel∣gick, &c.

Answ. If consent of the learned, godly, and zealous reformers were asked, a cloud of witnesses might bee produced that hold the Church the first subject of the Keyes, as Fulke, Whitaker, Parker, Peter Martyr, Musculus and others, besides many of the ancient Divines and Councells, Gerson and the Parisian Divines well known to the learned concerning quotation of the Scottish discipline, the first words lay so weake a foundation as leave the building ready to fall, in these words. The Church as it is taken for them that exercise

spirituall functions hath a certaine power, &c. but where is the Church so taken? not in all the New Testament that can be pro∣ved with any solid Reason, notwithstanding all wrastling of men to find it out; but generally for the company of the faithfull, ei∣ther the universall or particular Church; and this sometime con∣sidered with her Officers: and divers times as distinguished from them, as Acts 14. 23. and 20. 13. 28. Jam. 5. 14. Revel. 2. 1. 8. 12. &c. but never contra, for the Officers distinguished from the Church or body of the Congregation; and therefore if the Keyes be given to the Church, and the plea of the power of the Keyes to be given immediatly to the Officers be in and under the name of the Church, it will fall to the Church of the faithfull, if the Scrip∣ture may judge: indeed among the Papists, and so the Prelates, the Clergy have long got and held possession of the name of the Church, but the testament of Christ will not beare this founda∣tion, but wee will not trouble the Reader farther about humane testimonies.

Notes

• * 1.1

  Pe•• Mart. de Excom. Lo••. Com.
• * 1.2

  Officiall.