An assertion of the government of the Church of Scotland in the points of ruling-elders and of the authority of presbyteries and synods with a postscript in answer to a treatise lately published against presbyteriall government.

CHAP. III. The first Argument for ruling Elders, taken from the Iewish Church.

HAving shewed what ruling Elders are, it followeth to shew Scripture and Di∣vine right for them. Our first Argument is taken from the governement and pollicy of the Jewish Church thus: Whatsoever kinde of office-bearers the Jewish Church had; not as it was Jewish, but as it was a Church, such ought the Christian Church to have also. But the Jewish Church, not as it was Jewish, but as it was a Church, had Elders of the people, who assisted in their Ecclesia∣sticall government, and were members of their Ecclesiasticall Consistories. Therefore

such ought the Christian Church to have also. The Proposition will no man call in question; for, quod competit alicui qua tali competit omni tali. That which agreeth to any Church as it is a Church, agreeth to every Church. I speake of the Church as it is a politicall body, and setled Ecclesiasticall Republike. Let us see then to the Assumpti∣on. The Jewish Church, not as it was a Church, but as it was Jewish, had an high Priest, typisying our great high Priest Jesus Christ. As it was Jewish, it had Musitians to play upon Harpes, Psalteries, Cymbals, and other Musicall Instruments in the Temple, 1 Chron. 25.1. concerning which, hear Bellarmines confession, de bon. oper. lib. 1. cap. 17. Iustinus saith, that the use of instru∣ments was granted to the Iewes for their im∣perfection: and that therefore such instruments have no place in the Church. Wee confesse in∣deed that the use of musicall instruments agre∣eth not alike with the perfect, and with the im∣perfect, and that therefore they beganne but of late to be admitted in the Church. But as it was a Church, and not as Jewish, it had foure sorts of ordinary office-bearers, Priests, Le∣vites, Doctors, and Elders, and we confor∣mablie have Pastors, Deacons, Doctors, and Elders. To their Priests and Levits, Cyprian

doth rightly liken our Pastors and Deacons, for howsoever sundry things were done by the Priests and Levites, which were typicall and Jewish onely; yet may we well parallell our Pastors with their Priests, in respect of a perpetuall Ecclesiasticall office common to both, viz. the Teaching and governing of the people of God, Mal. 2.7. 2 Chron. 19.8. and our Deacons with their Levits, in respect of the cure of Ecclesiasticall goods, and of the work of the service of the house of God in the materialls and appurtenances thereof, a function likewise common to both, 1 Chro. 26.20. & 23.24.28. The Jewish Church had also Doctors and Schooles, or Colled∣ges for the preservation of true Divinity among them, and of tongues, arts, and scien∣ces, necessary thereto, 1 Chron. 15.22.27. 2 King. 22.14. 1 Sam. 19.20. 2 Kings 2.3.5. Act. 19.9. These office-bearers they had for no typicall use, but wee have them for the same use and end for which they had them. And all these sorts of office-bearers among us wee doe as rightly warrant from the like sorts among them as other whiles wee war∣rant our baptizing of Infants from their cir∣cumcising of them, our Churches by their Synagogues, &c.

Now that the Jewish Church had also

such Elders as wee plead for, it is manifest: for besides the Elders of the Priests, there were also Elders of the people joyned with them in the hearing and handling of Ecclesi∣asticall matters, Jer. 19.1. Take of the ancients of the people▪ and of the ancients of the Priests. The Lord sending a message by the Pro∣phet, would have a representative body of all Judah to be gathered together for receiving it, as Tremellius noteth. So 2 Kings 6.32. Elisha sate in his house, and the Elders sate with him. We read, 2 Chron. 19.8. That with the Priests were joyned some of the chiefe of the Fathers of Israel, to judge Ecclesia∣sticall causes and controversies. And how∣soever many things among the Jewes in the latter times, after the captivity, did weare to confusion and misorder, yet we finde even in the dayes of Christ, and the Apostles, that the Elders of the people still sate and voyced in Councell with the Priests, according to the ancient forme, as is cleare from sundry places of the new Testament, Matth. 16.21. and 21.23. and 26.57.59. and 27.1.12. Mark 14 43. Luke 22.66. Acts 4.5. This is also ac∣knowledged by the Roman Annalist Baro∣nius, who confesseth further, That as this was the forme among the Jewes, so by the Apostles was the same forme observed

in their times, and Seniors then admitted into Councels. Saravia himselfe, who dis∣puteth so much against ruling Elders, ac∣knowledgeth what hath been said of the El∣ders of the Jewes, Seniores quidem invenio in Consessu Sacerdotum veteris Synagoga, qui Sa∣cerdotes non erant. I finde indeed (saith hee) Elders in the Assembly of the Priests of the old Synagogue, which were not Priests. Et quamvis paria corum essent suffragia & authoritas in omnibus sufragiis sacerdotum, cum suffragiis Sacerdotum, &c. And although (saith hee) their suffra∣ges and authority in all judgements were equall with the suffrages of the Priests, &c. But what then, thinke yee, hee hath to say against us? Hee saith, that the Elders of the Jewes were their Magistrates, which in things pertaining to the externall government of the Church, ought not to have been debarred from the Councell of the Priests, more then the Chri∣stian Magistrate ought now to bee debarred from the Synods of the Church. Now to prove that their Elders were their civill Ma∣gistrates, hee hath no better argument then this, That the Hebrew word Zaken, which is turned Elder, importeth a chiefe man, or a Ruler. We answer, First, this is a bold con∣jecture which hee hath neither warran∣ted by divine nor by humane testimo∣nies.

Secondly, Zaken doth not ever signifie a Ruler, or a man in authority, as we have shewed before. Thirdly, let us grant Zaken to bee a name of dignity, and to import a chiefe man; yet a chiefe man is not ever a Magistrate, nor a Ruler. It would onely fol∣low that they were of the chiefe of the fa∣thers of Israel that were joyned with the Priests in the Sanedrim, and so it was, 2 Chron. 19.8. Non hercle de plebe hominum lecti sed nobilissimi omnes, saith P. Cunaeus. They were, saith Loc. Theol. to. 6. §. 28. Proceres tribuum qui allegabantur una cum sacerdotibus & scribis in sacrum synedrium. Fourthly, they who were so joyned in Coun∣cell with the Priests, 2 Chron. 19.8. are plainely distinguished from the Judges and Magistrates, vers. 11. And so are the Princes & Rulers distinguished from the Elders, Act. 4.5. Judg. 8.14. Deut. 5.23. Jos. 8.33. Fifthly, we would know whether he thought that all the Magistrates of the Jews sate in Councel with the Priests, or some of them onely: if some only, we desire either proofe or proba∣bility who they were, and how many; if all, then should wee by the like reason admit not the supreame Magistrate alone (which hee seemeth to say) into the Synods of the Church, but all Magistrates whatsoever, and

what a confusion should that bee? Sixthly those Elders that sate in the civil Sanedrim, were Rulers by their sitting there; but the Elders which sate in the Ecclesiasticall Sane∣drim, either were not civill Magistrates, or at least sate not there as Magistrates. So do our Magistrates sometimes sit with us, as mem∣bers of our Assemblies, not as Magistrates, but as Elders. Of the distinction of those two Courts, which every one observeth not, we shall speake more afterward.

We have said enough against Saravia, but Bilson doth better deserve an answer, who alledgeth more specious reasons to prove, that the Elders of the Jewes were their civill Magistrates. Hee saith, There was no Se∣nate nor Seniors among the Jewes, but such as had power of life and death, of imprison∣ment, confiscation, banishment, &c. which hee maketh to appeare thus: In the dayes of Ezra the punishment of contemners was for∣feiture of their substance, and separation from the congregation, Ezra 10.8. The triall of secret murther was committed to the Elders of every City, Deut. 21.3.4. They delivered the wilfull murtherer unto the Avenger of bloud, to be put to death, Deut. 19.12. They condemned a stubborne sonne to death, Deut. 21.19. They chastened a

man who had spoken falsly of his wife, that hee found her not a virgin, Deut. 22.15.16.18. Ans. First, if it should bee granted, that the Elders spoken of in these places, were ci∣vill Magistrates, this proveth not that there were no Ecclesiasticall Elders among the Jewes. Iustellus in his Annotations upon the Booke of the Canons of the African Church, distinguisheth betwixt the civill El∣ders mentioned, Can. 91. who were called Seniores locorum, or Vrbium: and the Ecclesia∣sticall Elders mentioned, Can. 100. who were called, Seniores Ecclesiae, and Seniores Plebis: the former name distinguishing them from the civill Elders, the latter distinguishing them from Preaching Elders. So there might be the same two sorts of Elders among the Jewes. And what then? It is enough for us that wee finde in the Jewish Church, some Elders joyned with the Priests, & employed in things Ecclesiasticall. The Elders and Priests are joyned together both in the new Testament, as Matth. 26.59. the chiefe Priests and Elders; so in other places before cited: And likewise in the old Testament, Exod. 24.1. Come up unto the Lord, thou and Aaron, Nadab and ••bihu, and seventy of the El∣ders of Israel, Deut. 27.1. Moses with the Elders, compared with vers. 9. Moses and the

Priests. Ezech. 7.26. The Law shall perish from the Priest, and counsell from the ancients, Jer. 19 1. Take of the ancients of the people, and of the ancients of the Priests. Wee finde also the Commandements of God first delivered to the Elders, and by them to the people, Exod. 12.21.28. and 19.7.8. It is said, Deut. 27.1. Moses with the Elders of Israel comman∣ded the people. Upon which place Hugo Car∣dinalis saith: Argumentum, &c. Here is an argument that a Prelat ought not to com∣mand any thing without the counsell of the Elders.

Secondly, but it cannot bee proved, that these Elders in the places objected, were Judges or Magistrates: nay, the contrary ap∣peareth from other places, which wee have before alledged for the distinction of Elders from Magistrates or Judges: whereunto wee may adde, 2 Kings 10.1. Vnto the Rulers of Iezreel, to the Elders, and to them that brought up Ahabs children. And verse 5. Hee that was over the house, and hee that was over the Citie, the Elders also, and the bringers up of the chil∣dren, Ezra 10.14. The Elders of every Citie, and the Iudges thereof.

Fourthly, we read of threescore and seven∣teen Elders in Succoth, Judg. 8.14. whereas the greatest number of Judges in one Citie

among the Jewes was three for smaller mat∣ters, and three and twenty for greater mat∣ters. This objection Bilson himselfe moveth, but answereth it not.

Fiftly, as for the places which hee obje∣cteth against us, the first two of them make against himselfe. In Ezra 10.8. wee finde not onely the civill punishment of forfeiture, but also as Pellicanus on that place, and Zepperus de pol. Eccl. lib. 3. cap. 7. doe observe the Ecclesiasticall punishment of excommuni∣cation, or separation from the Congregati∣on: the former answering to the councell of the Princes, the latter to the councell of the Elders. The place Deuter. 21.3.4. maketh against him in three respects. First, the Elders of the City did but wash their hands over the beheaded Heifer, and purge themselves before the Lord from the bloodshed, which was a matter rather Ecclesiasticall then ci∣vill, neque enim, &c. For there was no neede of a Iudge here who should be present formally as Iudge, saith Bonfrerius, the Jesuite, upon that place. Secondly, the controversie was decided by the word of the Priests, vers. 5. Thirdly, Tostatus thinketh that the Elders & the Judges are plainely distinguished, vers. 2. Thy Elders and thy Iudges shall come forth. Quaeras hic, &c. Thou mayest here aske, saith

Pelargus, why the Elders of the people and the Iudges were both together called out? I answer, because God will have both the Magistrate and the subjects to be innocent, &c. As for the o∣ther places, that which seemeth to prove most for the civill power of the Jewish El∣ders, is Deuter. 22. yet heare what that fa∣mous Commentator, Tostatus Abulensis, saith on that place, Quando talis, &c. When such a cause was to bee judged, because it was very weighty, the Elders of the City did meet toge∣ther with the Iudges thereof, for in such facts there is some place for conjecture, and the El∣ders who are the wiser sort, can herein bee more attentive then others. So hee noteth upon Ruth 4.2. that the Elders sate in the gate about the controversie betwixt Boaz and the other Kinsman, not as Judges, but as wit∣nesses and beholders, that the matter might bee done with the more gravity and respect. Which doth further appeare from vers. 9.11. In like manner wee answer to Deut. 21.19. the Judges decided that cause with advice and counsell of the Elders: and so the name of Elders in those places may bee a name not of office, but of dignity, signifying men of chiefe note, for wisedome, gravity, and ex∣perience. In which sense the word Elders is taken, Gen. 50.7. as Tostatus and Rivetus ex∣pound

that place. In the same manner we say of Deuter. 19.12. and in that case it is fur∣ther to bee remembred that the Cities of re∣fuge had a kinde of a sacred designation and use, for the Altar it selfe was sometimes a place of refuge, Exod. 21.14. and when the sixe Cities of refuge were appointed, they were of the Cities of the Levits Numb. 35.6. that by the judgement and counsell of the Levits who should best understand the Law of God, such controversies might be deter∣mined, as Pellicanus on that place saith well; for this cause some read Josh. 20.7. They san∣ctified Kedesh, &c. Besides, if it bee true that these causes were judged, not in the City where the murder was committed, but in the City of refuge, as Serrarius holdeth with Masius and Montanus, and alledgeth for it some very considerable reasons, then doth Bilsons Argument from Deut. 19.12. faile also in this respect, for the Elders there men∣tioned are the Elders of the City where the murder was committed.

Notes

• Lib. 1. Ep. 9.
• Iun. Eccles. lib. 2. cap. 5. Mos. and Aaron. ii. 2. c. 2. Alsted. Thesau. Chro. pag. 265. Fer∣neius. Theol. lib. 7. pag. 151.152. Mar••yr. loc. com. class. 4. cap. 1. p. 745.
• Anno 58. n. 10.
• De divers. grad. minist. Evang. cap. •• 1. p. 108.
• Ibid. p. 118.
• Ibid. p. 10••.118.
• De repub. Jud. lib. 1. c. 12.
• Bertram de Pol. Jud. cap. 16. saith, that these Elders did continue among the ten Tribes, even after the defe∣ction of Jero∣boam. Senio∣res erant qui in mores & vitam piorum virorum, &c. Inquirebam & reprehensioni∣bus censur s{que} Ecclesiasticis animad ••erte∣bant. Ho••um Seniorum & reliquae Eccle∣siae coetus & actiones mo∣derab••ntur Prophetae: 〈◊〉〈◊〉 ut ad Prophe∣tae d••mum a∣l quando se∣niores conve∣nirent, 2 Reg. 6.32.
• In Jos. 20. quaest. 3.