SlaOQQOQOOQaBQOQSSaOOOOOOOpj o>i Jus populi divinnntj O R The People's Right to ele<5t theii PAST O RSI a 01 G» o O a Q o Q a o 8 Q sa sooeooooegfco Made evident by Scripture, Confirmed from Antiquity and Judgment of foreign Pro- teftant Churches and Divines fince thb Reformation, as alfo from Books of Difci- pline, Afts of General Aflemblies, and Sentiments of our beft Writers in the Church of Scotland, &c. : ^ . . j It appertained to the People, and to every fever al Congregation, t* deB their Minijler . — this Liberty r,iu\l with all Care,, be referved to every fever al Church, to have their Votes and Suffrages in Ehtti- ' on o[ their Minijhrs Firft Book of Discipline, fourth Head. This Right of Ele&ion pertaineth to the whole Church, and this is com* mended to us by the Example of the ApoJHes t and of the ChufChcs planted by them. GillefpieV Popijh Englifll Cerem. p zSo, The People have Geo" s Right to choofe, for fo the Word prefcr.ibetb. Rutherford'* Due Right of Presb- p : zor . I affirm this is the Institution of Ckrijl, that jt is ths : 0,'der fa hath- appointed in. the Gofpel, that PedpU Jhould have Liberty to chvets their own Pajiors and ether ChUrch officers* Rule'* Rat- Def- p. *99 The Right of the People to call their Pajiors, Presbyterians have xade good from fever aI clear S.ribtttre Grounds, Forfeit- Append, p. %'§£. fc -1 _ — ; — _ By a Minifter of the Church of Scotland. i D I II B U £ G H, l ^ r T' Printed and fold oy Willi*** Bpow» at his Shop in the Par- liament-clofs and other Bookfellers in Town, and at r,he Shop of John Briggs Merchant in thetucken btotbi. iiii* ScS***t*» Hi THE PREFACE READER, WHAT moved me to write on the £ub]e#, is hinted in the Begin- ning of the following Efiayj and further, I thought my felf under feme Obh~ Ration, having formerly attempted to vindi- cate the People s Right in calling their own PaftorS) which being openly attacked at thTs Day, had I been utterly filent, it might been? (a\d)fugijli quia tacuifti. As pro capiu letife rishabent fuafata libelli, io J doubt not it be with this : Readers approving or di [ap- proving as they fiand arfc&ed, 'tis reckon- ed a Piece of Juftice, and this is what I crave, that they forbear to cenfu re till read- ing over the Book. To him that's of the fame Principle with me, carpere vel noli nti~ ftrU) vel ede tua ; and whatever Cerjfure Mea if PREFACE. may put upon it, I hope to be approVcn 6f him, who accepts of the Offering of Goats Hair and Rams Skins from fuch as have tio more to give. As to finiftrous Defigns, i may be conftru&ed by fome to have in publifliing this Eflay ,• if they will take his Word for it that can beft inform them, there is nothing fo much at H44 5. From this, that, in the Apojiles Days, when any jpecial Piece of Work was to be done, the Per funs for managing thereof were chofen by the whole Church 45> 4^ Other Places of Scripture particularized, from which Divines have argued for the Right of the Lord's People, as 1 Tim. iii. 7. Deut. i. 13. 4*> 47 Arguments for the People's Right taken from the Marriage-Ike " Relation which is between the Pajlor and People, and from the Necejpty of their Call and- Confent, in order to the fixing of the pafloral Relation 48* 4? CHAP. Ill Contains the Sentiments of the Ancients, as to the People's Right in the Affair, where is fhewn briefly, I, Of how (mall or great Weight the Judgment of the Fathers or Ancients is 5°> 5 l z t Cy- The Contents. si 2. Cyprian'/ Teftimony, &c. $l> 5? 5. Friends andOppofttes adduced ', owning this was the Practice of the Ancients 54 4. An Objection anfwered, namely, that Chnfiians in the t>rim\- tive 'Times were ready every Day to fcal the Truth wifh their Blood, and therefore this Privilege was granted them, which is not the Cafe now 55> 5^ G H A P. IV. Contains the Sentiments of foreign Churches, and Proteftant Divines fince the Reformation, where- in we have the Sentiments, I. Of the Belgick Churches 57, jS, $0 z. Of the Church of France 59, 60 3. Of the Helvetian Churches y or Churches of Chriji in Switzer- land and Geneva, as alfo in Savoy, Poland and Hungary 61, 62 4. Of the Churches in Saxony 62, 65 5. Of the Churches in Bohemia, and Marquifate of Moravia 63 6. Of the Churches in England, where, of the Sentiment 1. Of the eftablfbed Church 64 2. Of the Weftminfter Ajfembly 64, 65 3. Of the dijfentlng united Brethren, Vreshyterians and In- dependents 65, 66 7. Of the Churches in Ireland , 66, 67, 6S A Tejlimony of the Vopijh Galiican Church 69 'The Sentiment of eminent Vroteflant Divines in particular fince the Reformation, whereof Divines, 1. In the Belgick Churches, as the Vrofrffors of Leyden, Vo- etius, Amefius, &c. 70 2. In France, as Morney, Daneus, Chamier, &e. 70, 71 3. In Helvetia, as Ulricus, Zuinglins, Buliinger, Peter Martyr, Mufculus 7 2 > 7? In Geneva, as Calvin, Beza, &c. 7;, 74 4. In Germany, as Zanchy and Junius, rff Heidelberg, Con tinuator s of Magdeburg, &c. 74> 7 5 In Saxony, Lutheran Divines, Luther, Gerard, Chcm- nituis, Qrc. 7 5> 7 88 9. Of the Jiretchlng cut of the People's Hand required at Ordi- nations SS 10. The Judgment of fome of cur choice ft Divines, as of Knox, Calderwood, Rutherford, Durham, Gillefpie, Wood, Paik, Rule, Forrefter, Jamifon, Halyburton 88—93 The Sentiment of Minlfters at granting the fecond Indulgence, and at the Revolution 93, 94 The Sentiment of the State, or civil Rulers 1560, 1649, &c. 94> 95> 96 CHAP. The Contents. xiii CHAP. .VI. Contains Anfwers to the following Thirteen Ob- jections. Firft Objeflion. It is levelling with a Witnefs, to allow People of meaner Rank a Vote with Heritor s y and fuch as are of higher Station 96 > 97 Second Objeflion. Tho' the People have Right, yet their Right in the Affair muft be regulated by the Laws of So- ciety 98, 99 Third Objeflion. Popular EleBions cannot but occasion Con- fujion, and have often occajloned great Diforders y Murder > Bloodpedy &c. 99 — 107 Fourth Objection. The People's Liberty is veflriEied, albeit they Jhould have the Choke, for the minor Part will [till have a Mini ft er impofed upon them 107, 108 Fifth Objection. Old Minifiers, after the Revolution, teflifed their great Satisfaction with Calls by Heritors and Elders 108' Sixth Objeflion. To talk of the Neceffity of the People's Choice, is to charge the Minijiry in the Church of Scotland with entring by the wrong Door 109 Seventh Objeflion. This is an Independent Principle 110 Eighth Objeflion. This is contrary the Judgment of thofe eminent London Minifters, met in a Provincial AJfembly 1654. in, 112, 115, 114 Ninth Objeflion. The People are not competent Judges of the Learning, Language , and other minifierial Qualifications of Pajlors, 6cc. 1 1 5 — 1 20 Tenth Objeflion. T^he People's Liberty is preferved by the El- ders voting in their Name 121, 122, Eleventh Objeflion. The People have Liberty to object a- gainft the Life or DoBrine of the Perfon chofen, and if their Objections be of Weight the Presbytery will hear them 122, 123, 124 Twelfth Objeflion. This is a diretl condemning the Practice of the Church of Scotland in all former Times 125 Thirteenth Objeflion. If this be the Right' of the People, then Women as well as Men muft have a Suffrage , which is ridiculous,* and mofi abfurd to imagine 126 CHAP. e xiv The Contents, CHAP. VII. Shews how groundlefs the Pretences of others befides the People, are to this Right of calling Paftors, where is difcovered the Groundlefnefs of the Pretence. i. Of the Tope cf Rome Page 150 1. Of Liocefm Bijbops 131 3. Of Presbyteries 1^1, I 3 2, 153, 134 4. Of Elders 134, 136, 137 5. Of the civil Magijlrate and Town Counftllers, 136, 137, 13S, 139. where you have the Author's Sentiment as to tie Meaning of that Pojition in our Confeflion of Faith, viz* That Infidelity or Difference in Religion doth not make void the Magiftrate's juft and legal Authority, nor free the People from their due Obedience unto him 137 6* Of Heritors , 1 39, 140. where. Obj eel ions againfi their being ■ put on a Level with others in this, or Arguments for their Right in the Affair above the People, are anfwered. As, Firft Obje&ion. Heritors pay the Stipend 140, i^l Second Objection. Heritors rojide longer in Congregations , andean turn "Tenants to the hocr at I'leafu're 141 — 144 Third Objection. Prudence requires this, lefi they turn E- nemles to us, Sec. 144 — 147 Fourth Obje£t:on. T\ thrj are not to have a Vote qua Heritors, yet this Privilege fl)culd be giien them., as they are principal Members of the Congregation 147, 148, 149 7. Of Patrons 14& »S° / CHAP. VIII. Contains fome Corollaries. Have People a Right to eleS their own Paftors \ then, I, They may plead for a Vote, and* pot eft againfi Settlements made contrary their tfiiWnaftoni 1 5 1 z. Pre/- The Contents. xv 2. "Presbyteries jbould be concerned to licenfe fuch as People may have full Freedom to choofe 152 3. People Jbould be concerned to make a right Improvement of their Privilege 153, 1 54, 1 5 J 4. People having chofen, Jbould beware of deferting the Miniftry of fuch upon flender Grounds 155, 1.5 5 5. 'they who, to compliment ihofe they depend upon, give their Voices for fuch as are not their owri Choice y * have much to an- fwer for J 56 6. Such Office-bearers in Chrifi's Houfe, as are for fettling Paflvrs, whether People call and confent, or not, are not fo tender as they ought to be ibid. 7. Such Churches as deny the People their free Choice are info far degenerate 157 8. It is Jlnful in Patrons , Heritors , or others , to monopolize this Privilege to themj elves ', excluding the People , being regardlefs whether pleafed or not ibid. 9. Such Preachers are far out of their Duty, as are dejirous of being placed, whether the People call or not I 5$ 1q. As People have Right to eleB their Pajlors, fo alfo their other Church-officers 159 taftly. Is it fo? &c. then they cannot be jufily branded for Men of divifive Spirit s y who oppofe and diffent from Settlements con- trary the Inclinations of the People 1 59, 160 If he Conclufion 163, 164 The I The Reader is defired to help^the following £rrdta D occafioned by the Author's Abfenee from the Prefs. PAge 25. Line 24. add no before more. p. 56. 1. it. for now read none. p. 65. 1. 16. for Lrekion read Di- rectory, p. 65. in Margin for Matther read Matter, p. 70. I. 6. after Commonalty add «;/*& Presbyters, p. 70. in Mar- gin for Prifus read JFVp's. p. 71. I. 27. for Panfiralia read Panflratia. p. 72..!. 2. for Lapellus read Capellus. p. 72. 1. 8. for llricus read Ulricas, p. 74. 1, 51. put a Comma after Junius and not after 'Tremellius. p. 76". 1. 26. put a Cornea after Landaff, and not after Davenant. p. 83. 1. 28. laft Half 6f that and the following 29. fliould be in the Roman Cha- racter, p. 85. 1. 29. add *&*?y before were* p. 89, 1. 24. for tVilloch read Willock. p. 115. 1. 17. before / affirm 2 Figure is obfeure. p. 116. 1. 28. blot out ftill after/or. p. 126. J. 9. for fcad read have. p. 126. 1. 20. for Boece read B^/^ £.137.1.25. for Pagnius xzz&Pagnins. p. 138,1. 5. be- fore Presbyterians add other* p. 143. 1. 26. for JWte read jm 1 Jus poptili divintiiil^ o R The People's divine Right to choofe their own P after st EING defired farther to confider the Right of Chrifiian Congregations to choofe their own Paftors, I have complied more readily, that their Right in the Affair is thought by many, to be in greater Danger at this Day^ than in 1719. when Overtures were tranfmitted, encroaching upon their Right in a re- markable Manner. "lis threatning, that, within thefe few Years, Settlements have been made in iundry Places of Scotlandj not only without the Call or Confent of the. Peo- ple, but retiltente & cotitradicente Ecclejta, the Body of the People oppofing, ready to give, and fometimes aftu- aily giving their Voices for others, than thofe ordained ro labour among them in the Work of the Lord; ana the Speeches of fundry, at the laft AitemblyS give Ground of Fear, where they argued, not only againft the Voice of the People, but alio againft their Confent, as neceffary to a Minifter'sCall : Yea, there it was confidently alTert- ed, in Face of the whole general Affembly, that though there was meikleTalk of the Right of the Chrifiian People to choofe their own Pallors, yet there is nothing in Scrip- A ture £ Jus populi divinuml K ture to countenance their Right, and any Scripture Teem- ing to look that Way, was otherwife to be understood. And, fince the laft Affembly, I have heard of fome, that, inftead of condemning, have approven the forefaid Affer- tion, and applauded the Perfon afferti.ng fo boldly, boaft- ing, that a publick Challenge was given to all that flood up for the People's Right to choofe their own Paftors. Now, if it be a received Maxim, that in Time of com- mon Danger, omnis homo miles , or, every Man is a Soldier, " then my minting, at this Time, to defend the Right of the Lord's People, is the more excufable, tho' very un- meet for any fuch Work. And whatever flight Thoughts fome may have of the Affair, I look on the Calling of Gofpel Minifters, to be not a Queftion de lana caprina, not a trivial indifferent Bufinefs, but a Matter of vaft Moment, as Mr. OaUerwood avers, a Point on which the Succefs of the Gofpel doth not a little depend, as Mr. Gillefpie hints, a capital Point, as Mr. Lawder affirms, a Thing of the greareft Importance, as Dr. Qwen fays, a Matter of great Weight, a Concern of the laft Confequence to the Chur- ches of Chrifi ; the very Bafis and Foundation of the Mini- ftry, as others aflert, and therefore deferving our ferious Enquiry. Now, being to treat, not of an immediate, but of a mediate Call to the Miniftry, not of an extraordina- ry, but of an ordinary Call, not of the internal, but of the external Call, not of Ordination, which is a Part of the minifterial Call, but of the Election of Minifters, the other Part thereof, not of the jus fummum &■ 'civrbup^ro/movt which is the Prerogative of the King of Zion y only from whom all the Authority of h>s AmbaiTadors is derived, but of the jus delegatum y or of that delegate Right which Chrifi hath given unto conftitute Churches, to choofe the Overfeers of their precious Souls. Here, Firfi. 1*11 lay down fome Propofitions anent the Subje£r. Secondly. Adduce fome Scriptures, or Scripture Arguments for proving the People's Right to eleQ: and choofe their own Paftors. 'Thirdly. Shew what was the Sentiment and Practice of the Aniients as to this Point. Fourthly. Shew the Judgment of foreign Churches and Proteftant Divines fince the Reformation, anent it. Fifthly. Shew what hath been the Judgment of the Church of Scotland, and of her bef: $us populi divinuml 3 beft "Writers in former Times, upon the Head. Sixthly* Endeavour to anfwer the Objections of Qppofites. Seventh- ly. Shew how little Ground others, pretending Right in the Affair, have to plead for this Privilege. And Eighth^ ly. Conclude with fome Corollaries* G H A P, I. NOW for the Proportions anent the Subje£t. The firft Propofition I mention, is this, That the Call- ing of Gofpel Minifters being a Matter of great Moment to the Churches of Chrifi *, he, who was faithful in all hi* Houfe, hath undoubtedly appointed who fhall be the Cal- lers, z "Tim. iii. 1(5, 17. All Scripture is given by Infpiration of God, and is profitable for DoBrine, for Reproof, for Corretlion, for Inftruftion in Right eoufnefs, that the Man of God may be perfetl % ihorowly fumifbed unto all good Works. If Chrift hath not de- termined this in his Word, let us never talk more of the Perfe&ion of the Scriptures ; let us never aflert more, that they contain exaft Rules for the Churches of God in all Ages; let us never argue more againft the Necefiity o£ human Traditions. The reverend Mr. Park, '\ -whom Ms- Woodrow charafterizeth for a Perfon of great Solidity, and very fufficient Learning, fays, the arrogating fuch a Privi~ lege, ( to wit, as this of calling Gofpel Minifiers ) without Warrant from the Word of God, is moft derogatory unto, an high and injurious Reflection upon the infinite Love,Wffdom and Faith- fulnefs of our blejfed Lord } and diretfly implies, thai he hath not A 2 fuffi- * Cald. alt. Daw. I edit: Pag. 332. Ele&io pajlotum, &c. The Election of Paftors, as ? cis not the leaft of the Chutches Privileges, fo 'tis a Thing on which the Safety of the Church dependeth. And again, p. 5$ 1. he fays, etcfiio miniJirotum> &c. the Election of Minifters is not a Matter of Sport or Jeft, but an Affair of great Moment, oh which the Peril of Souls turneth. Tarkj on Pairona^s, fays, the People are indeed very nearly concerned in the right Choice of their ownPaftors, as being the moft fpecial ordinary Means appointed of God for then fpirirual and eurnal Welfare, p. ios, t Ticaufc ^ainft Patronages, p. *y 4 fpus populi divittuth. fufficiently provided his Church with a complete Method for furni- shing and Ele&ion of her own Office-bearers , without calling in the weak and fuperfiitious Devices of Mens Invention to her Af- fifiance. And, adds he, fuch as dare to reBify his Institutions as defecliveyorto call in quefiion ourLord* sWlfdom and Faithfulnefs in this y maygo agreathength to quefiion his Ability tofave to the ut- tirrttofi. And, fays he, there is a nearer and firmer Connexion between thefe than every one thinks. If our blejfed Lord and Sa- viour, as that worthy Gentleman the Laird of Bennocbie faid in his Funeral of Prelacy , * was fo careful of his Churchy as to give expr'efs Rules and DireBlons concerning the Admiffion and Trial of the meanefi Church Officer s y is it poffible that he would have left the Church in the Darky and without DireBion in the Weight left Matter concerning the Ordination and 'trial of Church Officers of the hlghefi Rank ? No wife Man will take Care of the meanefi Things y and flight thofe of the hlghefi and great eft Im- ( portance* How then fh all any think fo of the only wife God} And, what he fays of the Ordination and Trial of Office- bearers in Chrifi y s Houfe, the Argument is the fame as to their Eleftion. Now, ABs vi. at the Beginning, there we have the cleared Direction as to the fileftion and Eleftors of Deacons, the loweft Church Officer, and therefore fure- ly the Scripture direih as to the Ele&ion of Presbyters, the higheft Officers in the Houfe of God fince the Apoftles Days. The London Minifters \ aflert, that the Lord Jefus Chrift is mofi faithful in all his Boufe^ the Churchy fully to dif- charge all the Truft committed to him y and completely to fupply his Church with all Necejfaries y both to her Being % and Well-being Ec chfiafiical. And fufely who fhall be the Callers here, is neceffary, beyond peradventure, if not to the Being, yet to the Well-being and comfortable Being of the Church of Chrifi. And again, the fame London Miniflers £ affert, that as the Word of God declares unto us who are Church Offi- cersy viz, Vafiors and Teachers ', ruling Elders and DeaconSy fo they affert, the Word of God declares y how thefe Office-bearers are to be qualified for, and externally called unto their refpeftive Offices. Is it not the Do£trine of the Church of Scotlandy to -which all her Officers are engaged t-U 'that the wbole Council of God concerning all Things neceffary for his own Glory , Mans — — — — — — ■ 1 -» - - ■« — ■ * Pag. 20. f Jw divin. reg. p. 4 s, f Vindication of the Prcsb. Govern* ?. j. 1 1 Conf. Chap, i, Pat, s. JuspopuU dwinunu 5 .Man's Salvation y Faith and Life, is either exprejly fet down in Scripture, or, by good and neceffary Confequences, may be deduced from Scripture ? Now the Glory of God, the Salvation of Souls, the Faith and Life of the Lord's People, I humbly think, are all concerned, and nearly concerned in the Calling of Gofpel Minifters, and therefore the Scripture is to be our Rule in this ; for who ftiall be the Callers, is not a bare Circum fiance of Time or Place, 'tis none of thofe natural and civil Circumftances, without which A- ftions are not performable, and muft be ordered by the Light 'of Nature and human Prudence, according to the general Rules of the Word, admitting of Variation. 'The full Vindication of the Commiffton s Overtures, * fays, I know no Settlement of the Church that we are tp pay any Regard unto y but that which was made in the Apofiles 'times, and is to be found in the New Teftament* And, though in many Things I differ from that Vindication, yet to this I heartily agree. Many others might be cited to this Purpofe,as Englijb Pref- hytery, p. I. Presbyterial Government defcribed by Britannus fhilo-presbyter, Pag. 4. fo the Paftovand Prelate, Pag, l f and Vrefbyterian Government, as now eftablijhed in the Church pf Scotland, p. 3. Are not the Scriptures written to make the Man of GodperfeB, thoyowly furnijhed to every good Work ? Are they not fufficienf to teach him how to behave himfelf in the Houfe of God, which is the Pillar and Ground of *£ruth ? If he know not where the Power of calling Gofpel Minifters is lodged by the Head of the Church, the King of Zion, then he knows not, in all the World, how to carry in the Houfe of God, in ordaining or admitting fuch as are to be Office-bearers in (thrift's Houfe. Will not his Confcience be on the Rack, when he knows not, whe- ther it beDuty to concur with the People*sCall,the Elders Call, the Heritors CalJ, the Patron's Call, the Magiftrates Call, theTown-coancil's Call, the Presbytery's Call 1 If the Scriptures give no Direction in this Affair, let us never more complain of Patronages as unfcriptural, or antifcrip- tural ; and let our noble Reformers, and other Worthies, that have pleaded ftrenuoully from Scripture for the Peo- ple's Right, and againft Patronages, pafe for a Company of weak, tho' well-meaning Men, that did not underftard A 5 thp .1 ' ti ■■»■ urn 1 ma p mi , 1 * mi 1 * £ Pag, S». 6 fflf populi dimnum. the Scriptures. To fay the Scriptures give no Direction in the Affair, is to make them a Rule defective, and ineffe- ctual to the End for which they were written by the holy Ghoft. If a Syftem of Laws were drawn up for the Govern- ment of a Kingdom, a Common-wealth, or royal Burgh, in which it was declared, fuch and fuch Office-bearers were needful, and to be chofen from Time to Time, and yet contain nothing as to the Electors, whether the People themfelves, or Foreigners, whether their Friends, or Foes, whether by many, or only a few, whether by all, or only fomefelectedPerfons, furely thatSyflem could not be recko- ned perfect or complete ; and fo it is in this Cafe. Is it not to. ^he Law and Teftimony that we are to have our Recourfe for Direction, how to behave in the Houfe of God ? and, aspudet legisperiio abfque lege, fo here, pudet theologo abfque fcriptura loqui. Is it not the Protectant poctrine, that the Scriptures are the fupreme Judge of Controverfy ? And hath it not been a Controverfy betv/een Papifis and Vvote- fiants y for a long Time, whether the People have Right to choofe their own Paftors, or not? Well, how fhall it be decided, but by opening the Book of God, and fubmitting to its Determination ? Such as think the People have no Right to choofe their own Paftors, will do well to inform thofe that are otherwife perfvvaded, fhewing, from Scrip- ture, where the King of Zion hath lodged this Right ; for, as Mr. Park fays, the clearefl and fafefl Methods, in Debates of this Nature, which concerns the inievefi of Chrift and his Church, is, to decide them by the Sentence of the Scriptures. * Lither 'tis a Matter of Moon-fhine who be the Callers ; and fo there was never Ground to complain of, declare, ad- drefs, or write and print againft Patronages, as the Church of Scotland hath done, or the Scriptures are imperfect, if they determine not who are the Callers. Or will it be faid, they are perfect, but fo obfcure, that neither Presby- tery, Synod, CommiiTion, nor Affembly can tell what to make of them in the Affair ? Second Proportion. As it hath been the Doctrine of Pro- teftants, that the Right of calling Gofpel-rninifters is lodg- ed, J On Imonagts Pag. 20! & Jus popiili Mvintim. 7 ed, by Chrift, in the People, fo the contrary Doflrine hath always been efteemed a Popif) Principle. The reve- rend Mr, Gillefpie * fays, The Tenet of Pr,'Uftants y which Bellarmine undertakes to confute y is this, Ut fine popiili con- fenfu & fuffragio, nemo legitime eleftus aut vocatus ad e- pifcGpatum habeatur, that without the Confent and Suffrage of the People, no Man is to be efleemed lawfully chofen and cal- led to the Office of a Bifoop ; and though our Writers difdaim ma ny Things which he imputeth unto them y yet I find not this, (ays he, declaimed by any of them ; and then he cites a great mar ny eminent Proteftant Divines, who plainly maintained this, as Luther, Calvin, Beza y &c. Mr. Sage having afferted the Election of Paftors belongeth not to the People of di- vine Right, the reverend Mr. Jamifon, that valiant and fuccefsful Champion for Presbytery, t blames his Doctrine, as palp ably popifh y and Do&rine, againft which our firft Re- formers earneftly ftrove, afloon as they were fent forth to fight the Battles of the Lamb againft the Dragon, Mr. J. 0. in his Plea for Scripture Ordination y or Ordination by Pres- byters only y as valid, emitted with a Preface by the reve- rend Mr. Daniel Willlams y % when fhewing that fuch Or- dinations are better than thofe of Rome, which yet 3re owned as valid by Prelatifts, he fays, 'Their Priefis are made without the Eleftion of the People. And Bellarmine fays, That neither their fuffragium, confilium, or confenfus is required, which , fays he, is contrary to Scripture and Antiquity , as our Proteftant Writers have proved againfi the Papifls ; whereas , adds he, our Candidates are not obtruded upon the People y with- out their Choice and Confent. And this hath been the Senti- ment of the Church of Scotland alfo. In the firft Book of Difcipline 'tis faid, The Election of Minijlers was abufed in the curfed Papijlry ; and then 'tis added, it appertaineth to the People y and to every fever al Congregation , to eleB their Minifter, Now this Affertion is in Opposition to Papifts. And in the fecond Book of Difcipline 'tis afferted, \.\ f ^ e liberty ofPerfons called to eccleflafiical Funfiions y was objerved witbout Interrupti- on, as long as the Kirk was not corrupted with Antichrijt y fo A 4 that * Elcft. of Paftois, Pag. i? 5 \ Cyp. Jfgc, P« 533. $ p * *°> * u tf Fourth Head, & ffls populi dwinum. that none was obtruded upon any Congregation^ without lawful Eleftion,and Affent of the People over whom the V erf on was placed. And there it is affirmed, that Patronages \ and the intruding of Minifters upon Congregation s y hath flowed from the Pope y and is a Manner of Proceeding which is contrary to the Word of God. So the learned t Turrettine y having put the Queftion, An jus eligendi & vocandi y &>c. whether the Right of ele&ing and calling Paftors belongs to the Bifriops only, or to the whole Church. In anfwer he fays, we deny the firft, and af- firm the laft againft the Papifts. And fuch as fay there is nothing in Scripture to countenance the People's Right in this, they take Part with Rome y and condemn fuch Pro- teftants as have written for the Validity of the Call of our firft Reformers, who generally argue from the Topick of their having the People's Call. The learned Profeflbr Marejiusy when fpeafeing of Romanifts denying the People's Right to choofe their Paftors *, fays, Ei hanc litem ifli homines ideo potijjimum nobis movent f therefore it is chiefly that thofe Men move that Debate with us, that quarrelling the Call of pur Paftors, we ufe to anfwer , *fhey are called after the indent and apoftolicat Manner ', to wit, by the Call of the Church. Indeed fome few profefTed Proteftants have for- merly denied the People's Right; and particularly, I re- member fome time ago to have feen a Piece of thejearned Hugo Grotiusy wherein he denies the People's Right to ele£b their Paftors, and gives the Power and Privilege thereof to the Magistrate ; but, as in other Things, fo in this of denying the People's Right, he went over to the Popifh Camp. Somewhere Havel calls him Socinian, Arminian y Pa- pifl ; and he was a barefacd Eraflian ; a Man indeed of choice natural and acquired Parts, but it is queftioned if of equal Piery ; and when he came to die, they write of him, he wifhed that he had been poor John XJrick, this was a mean Perfon that lived by him, a fimple poor Tradefman, but really religious. yfhird Proportion. Such only as are of our CoRimunkm have Right to choofethe Overfeers of our Congregations., fach orjly as have .Freedom to joyn in Communion with the — ■■!! ■ ■ W^1> ll> .H^IIIWI J J I I I ,1 1 ) 1 , , * In Cpaftfl, &£. ?, 450, Jus p&puli dimnum. 9 the Paftors chofen, and People for whom they are eIeSe4 f can have Right to choofe. The Electors of Matthias^ ABs i. "were not the Jewijh Lawyers, the Scribes, the Vharifees,HeYodiansSadducees,Ej}enes, or Rulers of the Jews, but fuch as had full Freedom to joyn in Communion with Matthias, as being of the fame Principles with him. The Ele&ors of the Deacons, ABs vi. were fully of the Com? munion of that Church to which they were chofen, Look ye out from among you. The Expreflion implies, that Choofers and Chofen were of one Communion. The Electors of Overfeers, as fays the reverend Mr. Hog *, ought to be Per- fins who own and pvofefs the fiated Principles of the Churches whofe refpeBive Paftors they pretend to elett. The Church of Scotland hath declared fo much, AJfembly 1649. * n tne E*V*- Horyfor EleBion of M'mifters, it is en a fled, That the DifaffeBed and Malignant be excluded from the Choice of their own Paftors , and furely much more from the Elefiion of Paftors to other Congregations. And it is known, Heritors of the Epifcopal Perfwanon are malignant with refpeft to our Conftitution, as ^ell as Romanifts. The prefent Practice in the Church of Scotland, of allowing Heritors, not of her Communion* to vote, is what can never be accounted for ; to me it i$ as unreafonable, as if the Parliament fhould make an Aft t allowing the ftated Enemies of the Government a Voice in the Election of Minifters of State, or in the Choice of fuch as command in our Armies or Navies ; for fuch is the Dif- affe£tion, Hatred and Prejudice of thofe Gentlemen, that fundry of them own, and openly profefs, they'll joyn the apoftate Church of Rome, rather than Presbyterians. Mi- nifters of the Gofpel are called Builders in Scripture, but ■what Builders will fuch choofe as long to fee the Building laid in Heaps, rated to the Foundation, and quite demoli- shed ? The Conduct of Zerubbabel, Jefoita, and the reft of the chief of the Fathers in Ifrael, is worthy our Imita- tion, who would not allow the Adverfaries of Judah and Benjamin to build with them, becaufe they were not of their Communion) th©' thev faid, they fought their God "}*• To ? Right of Cbuich Memb, P. 7 X t £*■*» iv» x, 3,§. id Jus populi dwinunu To grant them fuch a Privilege, is it not fomething like eves lupo commitiere ? or a giving the voracious Wolf the Wedder to keep, being declared Enemies to our Conftitu- tion. And what can be more unreasonable, ,than to im- power them to vote and fign Calls to Gofpel-minifters, who evidence fuch unaccountable Bifingenuity as fome of thofe Gentlemen do, when they profefs, and fign it with their Hand, that they heartily invite, call and intreat Mini- sters to undertake the Office of Paftors among them, and Charge of their Souls, promifing all duriful Refpeft, En- couragement, and Subjection to their Miniftry in the Lord, while, in the mean Time, it is well known, they never intend to hear them fo much as once in their whole Lifetime, yea, may be are fo bewitched with Lod~ tvelian Principles, that they look upon them as Men hav- ing no more Authority to preach the Gofpel of Chrifr, than any Herd-lad, or unbaptized Pagan, looking on them as Men deftitute of immortal Souls, for Want of Epifcopal Baptifm ? And truly, abftra£ting from Confcience, ? tis ftrange thofe Gentlemen have not more Regard to their own Reputation, than to a& thus contrary to all Honour, Candor and Ingenuity. Shall fuch be believed after this, when they promife upon their Honour, or the Word of Gentlemen, fuch or fuch a Thing fhall be done, or not done ? I dare fay, there is not a Prelatift in Scotland but would look upon it as mpft unreafonable for Heritors, or others of our Communion, that could not in Confcience join in Word or Sacrament with them, to have a Voice in Eleftion of Paftors to over- fee their Souls. O ! but fay fome, though they cannot pretend Right, may we not take their Help ? What Help, I wonder ] but Help to opprefs the Lord's People, Elders and others in their Rights, and to be a dead Weight up- on them in calling Gofpel Minifters. The Bulk of Heri- tors in many Parifhes of Scotland being difaffefted both to Church and State, if Minifters of laxer Principles can be fettled, their Help fhall not be wanting. Principal Rule fpeaks of Popifh Patrons prefenting Proteftants in Mafque- rade, * and if thofe Gentlemen can find a Man lefs friendly * Rate's Pile. Jagc 2x9. *]fas populi clwinunu if Friendly to Church or State, he fhall be the Man. The Conduft of the Church in this Affair expofes her to the private Ridicule of thofe Gentlemen. Have not fome of rhem fitten at the Kirk-ftile in the Ale houfe during the* Time of Sermon before the Moderation, being as afraid to defile themfelves, by entring the Church to hear a Presbyterian Minifter, as the hypocritical Jews of old were to enter Herod's Houfe or Judgment-hall, left they Ihould be defiled ? Fourth Propojit ion. Such only have Right to call Paffor$ to this or that particular Congregation as have Refidence therein, ABs xvi.9. There Paul^ mVifion he faw a Man of Macedonia (landing and graying him, frying, Come over into Macedonia ,and help us. A Man of" Macedonia, not an ex- traneops Perfon, but an Inhabitant, one refiding in the Place. Chrift would have Paul direcled thither, not as the Apofiles were at other 1*imes, by a Mejfenger from Heaven, to fend him thither, fays Mr. Henry upon the Place, but by a Mejfenger from thence to call him thither, becaufe in that Way he would afterwards ordinarily direct the Motions of his Mini- fiers, by inclining the Hearts of thofe who need them to invite them. Vaulfball be called to Macedonia by a Man of Mace- donia, and by him fpeaking in the Name of the refi. Mr. Park) \vhen arguing againft Patronages, he pleads from this To- pick of Non-refidence, and lays, It is impojfwle for a Patron, that refides not in the Parifb, and perhaps not in the Nation* to exercife his Privilege upon any rational Ground and Motive, &c. The Commifiion of the General Affembly, in their Addrefs to Queen Anne, prefented by the reverend Mr, William Carfiairs, &c. when the Britijh Parliament was a- bout to refcind the A£t againft Patronages, among the fad Effe&s of thofe formerly, they particularize this, Vfhat Mmifiers were often impofed upon rarijkes by Patrons, who were utter Strangers to their Circumfiances, having neither Property nor Refidence in them. And the next General Af- fembly adopted the Argument, efteeming it as valid, by approving the Commifiion's Conduct in the Affair. Now, if ix was a Fault in Patrons to have a Hand in impofing Minifters upon Parifhes formerly, it is no lefs a Fault in others now; and if there was any Force in the Argu- ment %i yns populi dimnum. rnent of the Patron's Non-acquaintance wifh the Circumv ftance of the Parifh, and in the Argument of his Non^- refidence, 'tis of the fame Force as to non-refiding Heri- tors now, while we have Commiffions to vote laid before us, from this or the other Heritor in a diftant Shire, or in the extreme Corner of the Kingdom, from this or the other Gentleman at London^ who, it may be, hath not let his Foot upon Scots GrouncJ for many Years, and may be never defigns to fee it more, and knov/s nothing of the Circumftances of the Parifh, nor more of the Candidate £han of the Man in the Moon ; and, for any Thing we know, fpends his Time in Carding, Dicing, Prinking, &c and may be feldom or never fets his Foot within a Church to hear Presbyterian, Independent, or Epifcopa- lian either, having neither Care nor Concern about the eternal Salvation of his own Soul, nor of the Souls of others. To me this Practice is much the fame, and jneikle worfe, as to give fome foreign Princes a Voice in the EleGion of a Sovereign to rule over us, or to give the Gentlemen of another Shire the Choice of a Repre- fentative for us in Parliament, or to give the Town Coun- cil of one City or Burgh a Voice in the Fle&ion of the Magiftrates of another Burgh in which they have no Re- fidence. Can any dream, People will have the fame De- gree of Concern for the right Settlement or another Con- gregation, in which neither they nor theirs, for any Thing that appears, ihall have their Abode, as for that Congregation in which they have their Refidence ? pro- ximus fum egomet mlhi y or, near is my Shirt, but nearer my Skin. The Conduft of People at Transportations, is a clear Demonftration hereof. And as this of giving a Voice in the Affair to non-refiding Heritors, as alfo that of zU lowing People not of our Communion a Suffrage, hath not a Shadow of Foundation in the Word of God, fo, for any Thing I can learn, they are Practices that never had Precedent in any Proteflant Church in the whole World, Ftfth Vropofition. Such in Chrifiian Congregations as are ignorant, immoral, or irreligious, have no Right to this Privilege, fuch as cannot be admitted to fealing Ordinan- ces, for Ignorance, Immorality, or Irreligion, npt having Jus populi dwinum. 13 fo much as a Form of Godlinefs, are furely moft unmeet for choofing Paftors tG feed and overfee immortal Souls, tho' Crcefo divitior, or richer than Crefus, or albeit Poflef- fors of as miich Land as ever did Alexander. The People! having Right to vote, are fuch as have been admitted^ or, in the Judgment of Minified and SefJton,are capable of being ad- mitted to feating Ordinances. Surely the 120 concerned in the Ete&Ion of Matthias, ABs i. and the Multitude whd ele&ed the feven Deacons, ABs vi. were Difciples, Dif- cities infinitf ed in the Way of the Lord, Difciples of a tende'r holy Walk, free from Immoralities in their Practice, Difciples that worjhipped the Lord, Difciples that continued with the Apofiles iri breaking of Bread, Difciples that were obedient to the- Faith; Rutherford, when fpeaking of the People's Right of Elec- tion, * fays, EleBion is either made by a People gracious and able to difcern, or by a People rude and ignorant ; the former is valid jure & fa&o, the tatteif not fo. The reverend Mr. Park, as he pleads for the Church, or People's Right, iri the Affair, fo ftil-1 he fpeaks of the Church of Believers, The reverend and learned Mr. Alexander Lawder, another valiant Champion for Presbytery, tho" he pleads for all the Brethren as having Right to call, yet he fays, For fuch as are gracelefs, and unconcerned as to their fpiritual State, I do not pretend that they have the Right of EleBions, this being a Privilege which belongs to thofe who are a plebs obfequens prsceptis Dominicis, 8c Deum metnens, to ufe Cyprian'/ wife and judicious Words. The Ancients gave this Privilege to the Brotherhood, or fuch as in the Judgment of Cha- rity were Brethren only. The Church of Scotland denied this Privilege to the Malignant, and furely ignorant, im- moral, and irreligious Perfons are fuch, having Enmity againft God, againft his Ways, againft his Word, and againft a faithful Gofpel Miniftry. All the Office-bearers in the Houfe of God, are to be Men full of the Holy Ghofi and heavenly Wtfdom, for the Apoftles command the Multi- tude to choofefuch for Deacons. And fays the Contint- ator of Pool's Annotations upon the Place, 'This is a good Direction, which obliges to this Day in all EleBions of any for the Service of God and his Church. But fuch as are fenfual, warf* ting "■— — ^— — ■ *~—— — w— lwu -*— mum wru.iiri.. I I ' i.. -.11 T * Due Right of Pitsb* Page aon J 4 J us populi dwimitrfi ting the Spirit, and may be are ready to make a Mock of being filled with the Holy Ghoft, being ready to talk of the Spirit's mechanical Operation, be their natural Parts what they will, they are not capable to difcern who are filled with the Holy Ghoft, nor will they defire fuch. Will they be defirous of Paftors according to God's Heart, in whom the natural Enmity of the Heart againft God is not flain 1 Unconverted Sinners are fpiritually diftrafted, and befides themfelves, Calling Good Evil, and Evil Good, choofing the Evil, and refusing the Good ; and finely diftra&ed Perfons are not fit to choofe Phyficians for themfelves nor others. The People having Right to call, Right to choofe, the People for whom Chrift hath purehafed this Privilege, I humbly think are not the promifcuous Multi- tude, but the chofen Generation, the royal Prieflho$d, the holy Nation, the peculiar and purehafed People, the People that are concern d to fioew forth the Praifes cf him who hath called them out ofDarknefs into his marvellous Light, the People that in 'Time paft were not a People^ hut are now the People of God *. Thofe who in the Judgment of Charity are fuch, ought only to be regarded here. Tho' there is nothing a godly religi- ous People defire more than a faithful fearehing Miniftry, one that ftudies to fpeak home to the Conference ; yet there is nothing many ungodly and unconverted Sinners hate more than a fuithful Miniftry, they hate him that re- proveth in the Gate ; the Minifter fuch are moft in Love with and readied to choofe, is he whom they expert will fpeak fmooth 17Angs, and prophefie Deceit, being like a cer- tain Gentleman, whofaid, What the Devil hate Minifiers to do with Particulars, let them hold in good Generals ? The more honeft People be in other Employments, they are the more efteemed. The Chirurgeon that skins not over the Sore, but rips up and goes to the Bottom of the Wound, tho* his Operations be painful for a Time, is the more efteemed. The Advocate or Lawyer that tells his Client of all the Flaws that are in his Plea, is reckoned the more honeft Man, and the more beloved. But many unconver- ted Sinners bear a fecret Grudge in their Breads againft finifters that are faithful in declaring the whole Counfel of * i Pit, ii, 9 ; r°i Jus populi dwinum* 1$ Of God, a£ting according to their Credentials and Com- miffion, and nothing will pleafe them unlefsthe Minifter damn his own Soul, and go to the Pit for Silence and Un- faithfulnefs ; fuch will fee their Folly foon or fyne, ajs in the Cafe of that Nobleman, who dying in Defpair, faid, My Soul I commit to the Devil, for to him it belongs, my Wife to the Devil ', for fbe hath been the Occafion of my wicked Life, and my Chaplain to the Devil, becaufs he dealt not faithfully with me. Sixth Proportion. In the calling of Golpel Minifters, Pa- ftors and People, or Presbyteries and People, have their diftinft Rights. It is the Right of the People to ele£r, as it is the Right of Paftors to moderate the Ele£iion,to exa- mine the Perfon elefted, and to ordain him upon Trial. As the outward and ordinary calling of Minillers confifteth in Ele&ion and Ordination, fo this belongs of divine Right to the Presbytery, as that belongeth of aivine Right unto the People. The People's Eleftion is not enough to confti- tute one a Minifter of the Gofpel, nor give an a£rual Right to the Exercife of the minifterial Office* Timothy was fet apart for the Work thereof,not by the People, but by the laying on of the Presbytery's Hands *. As the fe- ven Deacons were chofen by the Multitude of the Difciples, fo they were feparated and fet apart to their Office, by laying on of the Apoftles Hands j". EleBion doth not make the Man a Minifter , fays Rutherford ±, but appropriated his Minifiry to fuch a Flock* That in calling of Paftors the Rights of Minifters and People are diftincl:, is aflerted by the Church of Scotland, in her A£t approving the Weftminftev Propofitions concerning Kirk Government, and Ordinati- on of Minifters, Affembly 1645. Seff. 16. So the London Minifters ||, who fay, in Scripture Ordination is held forth as greater than E!ecJion y and therefore not given to one and the fame Verfons, but Ordination is referred unto the more honourabh Perfonsy as appears from ASs vi. $, 5. Tit. i. 5. I Tim. i\% 14, and v. 22. Indeed in Cafes of Neceffity, as in cafe there be no Minifters to ordain, or in cafe of a total Cor- rupter? * 1 Tim. 1?. 14. f lActs vt. to the 7 Y« f $ Dlte Right of Prssb, ?3£C a«o, fl 7# ; ^ /v * wjff. P. 1$** 1 6 Jits populi dwinum. ruption in the Miniftry, then, as our Divines aflert againft Romanifts, a Chiriftian religious faithful People, may prove and fet apart Men to the Work of the Miniftry. Rutherford fays *, In Cafes ofNecejftty, EleBion by the People may ft and for Ordi- nation, wheie there be no Paftors at all. Ordination of Payors is not of that absolute Necefpty, but in the Exigence of Necejpty, the EleBion of People, and fome other 'Thing, may fupply the Want bf iu And fo the Author, or Authors of Englijh Presby- tery, printed in the Year 1680. for the Vindication of Presbyterians from the Afperfion of Romanifts and Prela- ti&s, Art. 6. of the Church, p. 6. there it isafferted, Pref* lyterians, in a total Corruption of the Miniftry, or a Want cf Miniflers, they believe that a faithful People may prove, and fet apart Perfons to the Miniftry, that no Ordinance of God may be loft which he hath given to his Church ; fo that none, to froze their Miniftry, need to run to an ApcftoJical Succeffion, impcjjible to befatisfaclorily made out by the great eft Pretenders to it, of ¥ leaders for it, which are the PapiftSi Sevenfh Propofttion. As it is the Right of the Lbrd's Peo- ple, in Chriftian Congregations, to choofe the Overfeers of their immortal Souls, fo this is a Right that is not alie- nable by them, a Right they cannot ihtruft to others, 4 Right they cannot part with, a Right they cannot give away to Magiftrate?, Heritors, Town Council, Elders, Presbytery, Bill: ops, Patrons, or to any elfe. Chrift, the Head of the Church, commands his People to ft and f aft in the Liberties wherewith he hath made them free, Gal. v. 1. And there he cautions againft being intangled with any Xoke of Bondage. The Church in this Cafe is not fui juris, and tho* {he would, fhe cannot juftly give away her Right to any other, nor can her Right be taken from her. The learned, folid, and tender Cafuift Ameftus t, as he lodg- es the Right of Eleftion in the whole Church, fo he fays, Jus vocandi it a quoad proprietatem in ecclefta matiet, ut nori pojfit vel authotitate aliena eripi, vel voluntaria concejjlone amit* ti, vel aliens ftdei plane committi, aBus efiim eccleft& eft can/* neceffario ad vocationem ecclefiafticam requiftt.?. The reverend Mr. * Due Right becaufe, as faith Cartwrhht, it is a Part of that Liberty which is purchased by Chrift's Blood, which the Church can no more alienate and difpofe of i than foe can transfer or dif- pofe to another her Inheritance of the Kingdom of God, to which this Liberty is annexed. The revereud Mr. Park, in his Trea- tife againft Patronages £, a Book approven in the Church of Scotland, and fo much the reverend Mr. Woodrow hintsj when he calls it the Book fo well known in this Churchy where I doubt not he fpeaks of a Knowledge of Appro- bation ; there he fpeaks excellently to this Purpofe* when arguing againft the Church's alienating he* Right of Ele&ion to the Patron. And all or moft of the Arguments he or others bring againft transferring this Right unto Patrons, they are, in my Opinion, of equal Force to an Hair's Breadth againft transferring it to any other. 'The Church, fays he, is utterly incapable to alienate or transfer herfpiritual Rights and Privileges, or to divrfl her [elf of them, thefe are Inter efts that are not at her Lifpofal, Jhe be- ing only intruded by fefus Chnfl, her file King and Lawgiver^ with the Cuftody and Adminiflration of them, for the Good and Edification of the prefent and fucceeding Generation. 'The Church can no mere make over her fpiritual Rights and Privileges, or fubjecl herftlf to ftrange Lords and new Lawgivers therein, than a Woman can make over the Right of her Body, which only be- B lonzs ♦ 5, **> 67? $*, 18 Jus populi dkinunu longs to her lawful Husband, or an hinocent V erf on the Right of his Life to a Murderer. Nemo eft dominus fuae vitae aut fu- orurn membrorum. Or than a Prince the Rights of his Crown and Kingdom, and the Liberties of his People, to a foreign Pow- er, or a Perfon in Non-age the Right of his Eflate, ( as the Apoftle exprrfly teVs us, that the Heir differs nothing here from a Servant. ) Or, in a Word, than the Adminifirators and Governors of a City and Community can alienate the Rights ef their Confiituents. It is our Lord Jefus Chvijl, and he alone, ( who is the Church's only Head and Lawgiver ) that hath Pow- er to fettle the Rights and Privileges of his Church infuch Hands, and in fuch Order, as his infinite Love and Wifdom thinks fit* All the Right and Power the Church hath in thofe, is only a na- ked Truft to keep and manage them, according to the Appoint- ment and the Irfirutlions cf her Lord and Mafier, and when (he exceeds that, fhe deboards and goes beyond her CommiJJion : So that all the t Tra?ifmijJion floe can make, is but jus a non ha- bente poreftarem, like a Grant of the Property of an Eftate, by a Perfon that hath no other Right to it but a naked Commiffion to uplift and col! eel the Rents for the Vfe of the true Proprietor* The reverend Principal Rule fays, *Ihe Power of EleBion is Chrift's Legacy to his People, and is not alienable by them ; // is a Right which they cannot give away, it nearly concerneth their Souls, and fuch Concerns are not at Mens DifpofaL Now, the Teftimony or Judgment of thofe Worthies, with many others which might be named, in my Opinion is very confiderable ; indeed fundry ftrenuous Pleaders for the People's Right to eleil their own Paftors, fundry who own this Right is lodged originally in them, have beea of Opinion, the Choice or deciflve Suffrage may be given to others, as fome have been for giving this to the tlder- fhip, fome for giving it to the Presbytery, fome to both conjunctly, fome to them with the Deacons, yet Hill lea- ving the Right of Confent to the People: But, with all becoming Refpeft, I muft beg Leave to differ from them, and humbly think, albeit the People fhould have not on- ly a Liberty of confenting, but alio a Negative over fuch Electors, that's not enough, Ckrijl having lodged the Right of EleBion originally in the People, as the) grant. This is a Right and Power People cannot give away, this is a Right which cannot be taken from them. And he-re, I would ask at n Jus populi dittinutn. l§ at fuch as are of a different Mind, whether they think the Right of Presbyters to rule and govern the Church* caii be given away to Bifhops or Magiitrates : Or I would ask fuch, Whether they think Minifters or Elders may givg away their Right of fitting in Presbyteries or Synods to" fome few more eminent Members, for preventing the Di- vifion, Strife, Debate and Confufion which fometimes may happen when about 60 are met, as it may be in the Prei- bytery of Edinburgh , or upwards of 250 are met, as it may* be in the Synod of Glafgow and Ayre ; and not only the" Pretence of preventing Confufion or Divifion, but alfo thg Confideratibn of faving Expences and Travel, and the fpe- cious Pretence of Minifters their being better employ'd at home in the Work of the Lord, might be pleaded in thd Cafe. The Church of Scotland never thought it lawful to give the Right of Government to Diocefian Biftiops* nay, not tho' under the Reftri&ion and Limitation of beings countable to the General Affembly, as to the whole of their Conduft and Management. Now* if Minifters of the Gofpel, among whom our Lord hath inftitured perfect Parity in refpeft of Government, may not give their Right away, nor can it lawfully be taken from them and given to others, tho 8 thoie in the Efteem of Men fhouM be Ten thoufand Times fitter for governing the Church of Chrift; nor may Elders give away their Right, then the* Right which Chrift hath lodged in his Church or People* it cannot be given away nor taken from them. 'Tis Chiift's Gift, and given to be exercifed by themfeives; as he hath given this Power, fo alfo he hath given his People the lixercife thereof. So fays Mr. Calderwood *> Facultas eligen- di paftwes tradita efi ecchjix, Ji faciiltas etiam facultatis exef- citium, &c. The Power of choofing Paftors is given to the* Church, if the Power, then alfo the Exercife of that Pow- er, other wife the Power fhould be given in vain, which* without another further Power, could never be reduced into Aflion. The London Minifters fay % How vain, idle* impertinent, and ridiculous ii it y to fancy and dream of fuch d Tower as fiall never be drawn int6 AB by them that have it 1 Can any imagine Chrift hath given a Power to his People B 1 to ♦ +Att, Dam, Pag. 7, t J»sdiv* r#. ?. 99* ao Jus populi divimim. to choofe their own Paftors, and not a Power alfo to ex- ercife it ? can any dre^m Chrift hath lodged a Power in them, beftowed a Privilege on them, and purchafed a Right and Liberty for them, which they muft give away toothers, or which others may take away from them ? tho' who thofe others are our Lord hath never mention- ed in all his Word. Hath he, that's the Wifdom of God, lodged a Right in his People which they are not fit to exercife ? hath he given a Right which he defigned fhould never be exercifed by them ? Had he defigned the Exer- cife of this Right, Liberty or Power fhould be given to others, then he had given it away to thofe himfelf ; for People to give away or part with their Right in the Af- fur, would argue the higheft Contempt of our Lord's Kindnefs, a Contempt of his Gift and Granr. And fhould People give away this Right to others, then thofe others conid not have this Privilege from Chrift, but only fiom Men, and this would be an ill-gotten Gift, little to the Credit whether of Giver or Receiver. Eighth Proprjttion. As it is the Right of the Lord's Peo- ple in Chriltian Congregations to choofe their own Paftors, fo this is equally the Right of every Man, whether rich or poor, whether in higher or lower Station in the World, if meet for Age, Knowledge, Virtue and Piety, to be admitted to the Table of the Lord. Now the greater ones of the Earth, and many for them, pleading this is their Right above what's due to People of an inferior Rank, I hope to be excufed, tho' I fhould infift upon this at fome more Length. There was no Diftinction made between the rich and poor in the Choice of Mat- thias^ A8s i. nor of the Deacons, ABs vi. tho' the richer might pretend to a Suffrage before others, in regard their Charity or Liberality would readily be larger. No Di- ftin£tion between rich and poor in the Church's Choice of Judas and SilaSj to go with Paul and Barnabas unto Antioch *, nor in their Choice of 'Titus to travel with the Apoftles j. Indeed no Man in his tight Wits will deny, but civil Refpeft is due unto Men according to their Qua- lity, * sA$4 XV. 22. | 2 Crr r Viiit l£. jFus populi diviiunn. x i lity, Birth, Wealth, Parrs, Place and Station in the World, that Honour is to be given to whom Honour is due, no Man that regards the Scripture will deny. Reli- gion is no Enemy to Civility, nor is ChrinSainry an Ad- verfary ro Courrefy, whatever deluded Quakers and en- thufiaffick Perfons may think to the contrary. But rhe cal- ling or Gofpel Miniftersis not a civil, but an ecclefi^ftica}, fpiritual, religious and Chriffian Privilege, to which the poor as well as the richer Members of rhe Church or Chrift have equal Right. The learned Apollonius, whom Rutherford calls a Man of great Weight, (ays, Voratio paflo- rum eft aclipfpiritualis,ficra, &° formaliter ecehfiaftka, that is, the calling of Minifters is a fpiritual /acted Action, and for- mally ecclejlafticah The learned Voetius, whom M aft rich calls Famigeratifftmus, or the mod famous, when arguing againft patronages, * he fays, Plane monfhofum eft, 8cc. It is plainly a monftrous 'Thing, that any ecclcfiaflicat eleftive Poll- er Jhould fucceed by hereditary Right ; and it is more monftrous that it fhould be bought with Money, And who ever heard it /aid in the New I'eftament or Old, that a fpiritual or ecclefta- ftical Power was joined with an Eftate, Lordjhip or Lieutenancy, as a Shadow to the Body, /o that the Eftate Jhould be the Su l ]?ci or Vehicle of Power 1 . And he alfo calls it a Power that's formally ec cleft a ftical, which theref re canrot belong to the AAa- giftrate. The publick Refoluihners, they call it a Church Privilege j-. This Right is not a civil Bufmefs, nor is it a half fpiritual M.itter, as Buvnet in his Dialogues, would have the Policy of the Church to be :}:. No, all lawful. Powers that are of God, are either civil, or eccfefi iftical and fpiritual; for as to mixt Powers, that is, fuch as are neither purely civil, nor purely ecclefi 3 {lick and fpiritual, and fuch as give the Office-bearers of the Church an Inte- rett in managing of fecular Affairs, and fecular Powers and Intereft in faens, as Mr. Park fays -j]., We mitft fW/y dif- own them, as having no Foundation in Divinity nor good Pohry, hut exprefly contrary to bo'h. And again, K The looking out, No- mination and EleBion of Gofpel Minifters, are all AHio-ns of a fpiritual and ecc left aft ical Nature, lays he, and fuch as by the B 5 Holy * Pol. Eccl Par. z. Pag. 6io, 62j. f Anf. to Protefters no Sub. ?. 77. X Anf. to Dial. P. j:i. f+ Againft Varr. P. 88, 9°t 9 is rhe refpe&ing of Perfons in Ipiritual Privile- ges upon the account of Wealth, or Things extrinfical to Religion. The Continuator of PooVs Annotations, when commenting on the firft of thcfe Verfes, fays, 'To have the Faith of our Lord Jefus Chrijl with refpeB of Perfons, is to e- fteem the Pvofeffors of Religion not for their Faith or Relation to Chrft, hui according to their worldly Condition, their being great or mean, rich or poor. And this, fays he, the Apoftle taxeth in thofeto whom he wrote: That whereas in the Things of God all Believers are equal, they refpeBed the greater and richer Sort of Profeffors, becaufe great or rich, fo as to defpife thofe that were poor and low. And, fays he, the Text condemns the refpeHing of Men in the Things of Religion, upon fuch Accounts as are t trinftcal to Religion, or with Prejudice to others, who are as confide- rab e in Religion as themfelves, tho' inferior to them in the World. And by their AfTemblies fpoken of in the fecond Verfe, in -which they fhewed Refpe£t to the rich more than the poor, he fays, either their Affemblies for religious Workup, or their Affemblies for difpoflng of Church Offices, and deciding Church Controversies, may be meant. Mr. Burkit, commenting upon thefe Verfes, fays, That which the Apoftle condemns, is our refpeHing of Perfons in religious Matters ; in the Things of God all are equal, the Rich and Poor ft and upon the fame Terms of Advantage ; and, adds he, external Relations and Differences they bear no Weight at the Gofpel Beam. And that judicious Commentator Mr. Caril, having cited thefe Verfes in the fecond Jus popili divinutiu 23 fecond Volume of his Commentaries upon Job, * he fays' In adminiftring the 'Things of God which are fpiritual, we fnup obferve no Diflinftion among Men ; Chrift hath given alike and equally to Rich and Poor, to Bond and Free ; and therefore, as to Church Privileges and Enjoyments, allmuft be alike and equal to us : No Man is to be known after the Flejh in the Things of the Spirit : No Man is to be valued merely upjn^atural or worldly Accounts ; if we do, then ( fays he ) as the Apofile James con- cludes in thelafl Place mentioned, are we not partial in our- felves ? that is, as fame alfo translate that reproving Qufiicn* have we not made a Difference, a groundlefs Difference, or a Difference grounded upon carnal Refpetls, rather than upon any folid Reafon, and are become Judges of evil Thoughts ? that is, have made our Judgment of thefe Perfons, according to the Di- ctates of our own evil and corrupt Thoughts, not according to ths Rule of the Word. Now, according to thefe Commentators, theApoftle condemns the refpe&ing of Perfons in theMat- ters of God, in the Things of Religion, and in fpiritual Privileges, becaufe of their Wealth, and Things that are extrinfical to Religion ; and, if he condemns the making a Difference in thefe, upon worldly Accounts, then fureiy he condemns the giving Heritors a Suffrage in the Eleftion of Minifters qua Heritors, or, becaufe of their Wealth, the giving a Suffrage to the rich more than to the poor, to them that have a worldly Heritage, more than to them that want one, to them that are in a higher Station in the World, more than to thofe that are in lower Place* Voetius y citing Bifhop Bilfon, who excludes the poor :ind country People from the Privilege of Election, fays, This P rati ice fureiy approves of that Refpecl of Perfons which is con- demned by the Apofile James, Jam. i. 2, 3, 4. The reverend Mr. Ladder fays |, In a Corporation or City, Perfons acl or vote, not as they are rl'h, but as they are Bmgtffes ; the mean- eft Burgefs has his Suffrage or eh Hive Voice in the Choice of the Mayor, and the richefi Burgefs can pretend to no more. In like Manner Perfons give their Suffrages in the Eleclion of Bfvops or Pafiors, not as they are rich, but as they are Christians, not as they are Lords, Barons, Heritors, See. but as they are fzitk- B 4 ful • Pag, 1 j 22. Fol. Edit, | Ancient Bilheps confined, ?. }7S» 24 fpus fopuli divinum. jul in Chrifi, and have a Eight to Chriftian and ecchfiafiical Privileges ; wherefore, the poorefi Servant, Weaver or Cobler, has his elective Voice in the Creation of a Bifkop, and the greatefi Lord or Baron can pretend to no more, 'The meaneft Trade/man belongs to the peculiar People. The royal Priefi-hood are Kings and Priefis to God and to Chrifi, having as full a Right to fit down at the Table of the Lord, or to demand Baptifm to their Children, as the greatefi Princes or Nobles, and therefore have as good a Right as they to give their Voices in the Ele&ion of BJbops. Thofe then ( fays he ) who object, that our Pafiors are elecled or called by Weavers, Sim-makers, &C they /peak profanely and ignoramly. And farther, which is condemned in Scripture, this looks very like a lording it over God's Inheritance, for Minifters of the Gofpel to give the deci- sive Suffrage to Lords and Lairds, depriving his People of their fpiritual Privilege, becaufe they have not earthly Heritages. Under the Law, when Ifrael was numbred, the poor Beggar was to give as much as the King, namely, the half Shekel of Atonement Money, which was the Offering of the Lord ; this we fee Exod. xxx. 15. where it is faid, The Rich shall not give more, and the Poor shall not give lefs than half a Shekel. This fhews, that Rich and Poor are e- qually dear to that God, who is no Refpefter of Perfons, and that their Souls are of the fame Value, redeemed at the fame Price, having equal Ri^ht to the fame fpiritual Privileges. Who can fay, but the Judgment of Onrfimus t though a poor Servant Man, had been as -much, and far more to be regarded in the Affair, than the Judgment of the Deputy Gallio, or yet of King Agrippa, though they had been baptized, and profefTed Chriftianity, while the one was luke-warm in the Caufe of Chnir, and the other an almoft Chriftian only. To make a Pifference of rich and poor in this, is to shtme the Counfel of the Poor. Hath God chefen the poor of the World, rich in Faith, and Heirs of the Kingdom, and fhall they have no Choice of their own Paftors, becaufe they are not rich in the World ? Here we are not to feek great Things for our- felves ; but if the Calling of Gofpel Minifters were the pe- xuliar Privilege of the rich, or more their Privilege than the poor's, then I think it fhould be their daily Suit, that the Lord would give them fuch a Portion of the World's Juspopuli divintim. 25 World's Wealth, as might enable them to purchafe an Heritage, or elfe their Suit for themfelves and his People, ihould be, Lord make us all Lairds. Is not their being the Lord's Heritage, and their having God himfelf for the Portion of their Inheritance, their having fuch a goodly- Heritage, and being infeft in the heavenly Inheritance, the Forerunner being for them entred, a better Right to this fpiritual and ecclefiaftical Privilege, than any earthly Heritage, or being the eldeft Family in the Congregation, can give ? The Privilege of calling Gofpel Minifters is Chrift's Gift, and fhall we think it may be bought with Money ? Such as fay fo, have neither Part nor Lot in this JMatter themfelves. Shall fpiritual Privileges be given for carnal Things, or beftowed from carnal worldly Confide- rations 1 Quod tangit omnes y fieri debet ab omnibus, that which concerneth all, is to be managed by all, hath been a received Maxim ; and the full Vindication of the Com- million's Overtures, is fo taken with this Maxim, that they cite it once and again, * calling it one of the funda~ mental Maxims of Presbytery ', laid down bythefe eminent Weft- minifter Divines, who compofed Jus divin. reg. eccl. There indeed they are arguing for the Right ot general Seflions to choofe or call Minifters, and fay, If general Sejfions have more but a confultativeVote or Power, then their Power is a mere Shadow or Dream, and nothing but the Sound of a Word. And I am Aire there is no lefs Ground to fay, if People have no more but a bare Liberty of confenting, or a confulta- tive Vote, then their Power of calling their own Paftors, given by Chrift, is reduced to a mere Shadow and Dream, to fomething that leaves the Sound of Words behind it, and nothing elfe, if the Ordination may go on, whether they confent or not ; and who can deny but the poor of a Congregation have as great an Intereft in the Perfon cho^- fen tor Paftor, as the rich ? Are not all Souls of the fame Value? General Seflions and the reft of the Inhabitants of a Town, are not fo nearly concerned in the Eleftion of a Paftor to the City,as the Seffion and Parifh in which the Minifter is to be placed. The whole City of Glafgow or Edin- * Pag. 8o, s>c. \6 Jus populi divinum: Edinburgh is not equally the Charge of every Minifter in thofe Cities ; every Minifter is not to account for every Soul in the City. CHAP; £L BUT I proceed to the fecond Thing propofed, name- fys *o prove from Scripture, that it is the Right of Chriftian Congregations, the Right of the Lord's People, to choofe the Paftors and Overfeers of their precious Souls* And, Firft. Their Right in this appears from the Ele&ion of Matthias, A8s i. from the I 5 Verfe downwards. There the Difciples of Chrift, to the Number of One hundred and twenty, being gathered together, were called, by the infpired Apoftle Peter y to nominate and make Choice of Two that had accompanied Chrift and his Difciples from his being baptized of John, at which Time our Lord be- gan his publick Miniftry, that one of them might be a Witnefs of Chrift's Refurre&ion, publifhing the fame, as an Apoftle, by preaching the glorious Gofpel unto the World. And accordingly they, viz* the One hundred and twenty Difciples, in midft of whom the Apoftle flood up, and fpake the civZ?e<; afefoot, Men Brethren, to whom he fpake in the 1 6 Verfe, they appointed, s*t**i« Suo, ftatu- erant duo, fo Beza renders the Words, they appointed, de- termined, decreed, offered or prefented Two. And, in the Margin printed with his Tranflation, the Note for Expli- cation, is, pubtice & totius collegli fuffragiis, he was chofen by common Suffrage, by the Voice of the whole Brother- hood gathered together. Matthias being to be an extra- ordinary Office-bearer in the Houfe of God, it was extra- ordinary in his Ele&ion, that it was referred by Lot to God's immediate Decifion. whether he or Bar/abas fhould be the Perfon ; yet, as he was to be an Officer in the Church of Chrift, he had the Choice and Confent of the Church, that his Ele&ion might be a Precedent in future Ages, the Difciples, the One hundred and twenty, ap- pointing Jus populi dwimmu 17 pointing or choofing the Two. And, in the laft Verfe, it is faid, And they gave forth their Lots, and the Lot falling up- on Matthias, he was numbred with the Eleven Apoftles. The Greek "Word avy*ctr£'\"i$ich* which, in our Tranflation, is, he was numbred, it fignifies to choofe by Vote, or common Suffrage. Arias Montanus renders it, ftmul fuffra- giis eleHus eft. Beza renders it, communibus catculis alleBus eft. It having been the Cuftom of old to give their Judg- ment by Stor.es or Counters, the facred Hiftorian alludes to it. Now this is the firft New Teftament Inftance of ithe Choice of an Office-bearer in the Church of Chrift, wherein Men were concerned, and therefore furely defig- ned of God for a Rule and Precedent to the Church of Chrift in future Ages. And had not this been defigned as a Precedent, we may rationally think the fovereign King of Zion had called Matthias immediately, as he did the other Apoflles,- which had been as eafy as the fending Pe- ter with a MefTage to the One hundred and twenty to e- left: Two, that one of them might be chofen by Lot. And, as the reverend Mr. Hog fays *, If, in any Cafe, the Right of Church Members might have been overlook* d and laid a- fide, the circumftanced State of Affairs in this Cafe appeareth mo ft favourable that Way. Here we have the whole apoftolicai College, and bufied about the Choice of an Apoflle, as to which % if in any 'Thing of that Sort, it might have been colour ably plead- ed, that the Vcople have not fuch a near Inter eft, and yet the Lord commands them to make the Uomindtiojt. For proving the People's Right to call, this is a Scrip- ture which is adduced by almoft all our Proteftant Di- vines that write againft Papifts, Prelatifts, and Patronages.' 'Xurretine cites it for this End |, and fays, Tata ecclefta du- «f elegit, cjui fortem fubeant apoftolatus, & forte Jaffa in Mat- m, additus eft communi confenfu numero apoftolorum* The whole Church chofe Two, and the Lot falling upon Mat- thias, he was added to the Number of the Apoftles by common Confent. And the learned Ameftus cite^ this Scrip- ture to prove the People's Right +, when arguing againft the * Right of Church Members, &c„ P. $. f 3 Yol. Edit, Geniv* J. 2 $ j. £ BjlU enenr. P. $6* z Par, 2 8 Jus populi dtoimni. the Popifh Cardinal Bellarmine y and fays, Non foli apopofi, fed tota ecclefia elegit Matthiam & Barfabam, ut ex Us Deus ttnum affumeret, not only the Apoftles, but the whole Church did choofe Matthias and Barf abas t that of them God might take one. And as *Turretine and Amejius, fo the Throng of all our fyftematick Writers adduce it. Calder- wood cites it for this Purpofe *, faying, In ecclefia primopri- mitivay id eft, apofiolica, elect io turn pafiorum turn aliorum mi- wifirurum ecclefia, erat penes ecchfiam y in the primoprimitive Church, that is y the apoftolical, the EleSion of Paftors* and other Minifters of the Church, was in the power of the Church. Rutherford cites it many Times for this Pur- pofe, as in his 16 and 36 Letters, a Book which deferves to be printed in Letters of Gold, whatever flight Thoughts fuch may have thereof as want the Commentary of Ex- perience to expound it. He fays, from this Scripture we fhall find God's People fhould have a Voice in choofing Church Rulers and Teachers. And, in his Due Right of Presbyteries f, citing this Place of Scripture, he fays, Mat- thias was ele&ed an Apofile by the Church. 'That which concern neth ally mufi be done by ally and that which concerneth the feed- ing and governing the Church of the whole World, mufi be done ly thofe who reprefent the Church of the whole World, but that Matt mas Jbould be cbofen and ordained an Apofile to teach the whole World, concerned all the Churches. And he fays, Beza, Calvin y Pifcator, Trtenus, Whittaker, Chamier, Partus and Bucanus, Profeffors of Ley den y WalUuSy Willet, P. Martyr, UrftnuSy Sec. and all our Divines, yea, Lorinns the Jefuit, and Cajetan alledge this Place with good Reafonjo prove that the Or- dination and EleBion of Pafiors belongeth to the whole Church, and net to one Many Peter, or any Tope. The reverend Mr. Gillefpie cites it $, faying, Matthias, tho an Apofile, was cho- fen by the Suffrage of the One hundred and twenty Difaples. ^r. Park fays *, If the Apofiles, who were infiruBed by Chrifi in all 'Thin? j that concerned his Kingdom, did proceed with the Confent and Concurrence of the Church and People of God, to the Election cf fo high and extraordinary an Officer, as an Apofi!e y it firongly * Alt. Dam. P. %. f P. 54, 5 5. * Ele&. of Paft. P. 16. gainft Pation. P. 10a. Jus populi dimnum. 19 Imports, that it was their Mafiers Mind, that they fhould fo do y not only in the particular EleBion of that Apoftle, but alfo> and much more, in the Choice of the inferior and ordinary Office-bear~ ers of the Church. Principal Rule * fays, 'The Apoftles were fo careful, yea rather, the Lord was fo careful to preferve the Right of EleBion of ordinary Officers, that when Men for extraordinary Work were to be fent forth, the People's Choice was not neglefted, hence Two were chofen by the Multitude, and prefented to the Lord, that by Lot the Lord might choofe one of them to be an Apoftle. Principal Forrefter, citing this Scripture, fays ft TJje Two Candidates for the Apoftolate were chofen, not by the Apofths alone, but with Confent and Appointment of the Church* And again he fays, Nay, the very Perfons, one of whom was to be immediately ordained an Apoftle by God himftlf, were chofen and prefented by the Church. Dr. Owen $ fays, And whereas he who was firft to be called to Office under the New Teflament % after the Afcenfion of Chrijt*, fell under a double ConJideration 9 namely, of an Officer in general, and of an Apojlle, which Office wOf extraordinary, there was a threefold AB in his Call, the PeopUchofe Two, one of which was to be an Officer , Afts i. z%. God's immediate Determination of one, as he was to be an Apojlle, Verfe 24. and the obedient Confent of the People in Compliance with that Determination, Verfe 16. And he fays *, This of the EleBion of Matthias is fuch an Example, that he Wonders Men durfi ever rejeB or dlfanul it. And the great and famous Dr. Owens inclining to the congregational Way, is no juft Ground of Prejudice againft his Teftimony upon this Head, more than in other Points of Doctrine, in which fome have reckoned him the Standard of human particular Wri- ters ; for this of the People's Right to choofe their own Pa- itors is no peculiar 5 3 ya«, or Principle of our Brethren the In- dependents, as may be fhewn more fully afterwards. The reverend Mr. Lawder fays t» Matthias was, without doubt % el»&sd by the People, God hath Udged the Right of EleBions in the Body of the People, and therefore their Bijhops a?id Paftors fiould be nominat* and eleBed by the Body of the People* In the Ele- * Rat. def. P. 20T. f Query 30. to Prelatifts, of Scotl. and Ap- pend. 8 Priacip. P. 26?. £ Enq. into the Nature and C, P. 24K * Nature and Goy, P. <5z, f Andt'at Bilh, Cenf. P, 544, j*^ ' 30 Jits populi divinum. EleShn of Matthias the People did all that could be done by Men in the Affair, they ek&ed Two y and did not nominate the indivi- dual Perfon y not becaufe they 'Were not the Source of Eleclions^ but becaufe the Per/on to be elefted was to be put into the Apo- flolical Office^ and it was reqwfite that an Apofile jhould be ele- cted in an extraordinary Way, and y in fome Sort, immediately by Jefus Chrifiy as M. Clamd obferved ; and, fays he, 'The People's elefting of Matthias and Barfabas, one of which was to be an Apofiley was more than to eletl Ten Bifloops to have a Pow- er to e'eB Two y that one of them may be an Admiral, is more than to have a Power to elecl Ten Captains of Frigats. And fo of a vaft many other eminent Proteftant Divines, who might be cited to this Purpofe. I know fundry Things are excepted here. Bellarmine himfelf, and Dr. Hammond alfo, I think, are faid to own, that the One hundred and twenty appointed or prefented the Two, but then, fays the firft of thefe, it was only by Peter 's Conceflion, and not by any divine Right that they elected, as the other was of Opinion, that all the One hundred and twenty were Church-officers, which nominate is refutajfe y no Sha- dow of Ground in Scripture for faying this was by any Conceflicn of Peter's Right to them ; and there is no Ground to fuppofe them all Church-officers ; for as yet the Deacons Office was not inftituted ; and as for the Seven- ty Difciples, their Commiffion was only temporary: And in Scripture, at this Time, we read of no Church- officer but only the Twelve Apoftles ; and there is as much Ground Co (ay the reft of the One hundred and twenty were all Patriarchs or Metropolitans, as to fay they were diocefian Bilhops. But, which is more to be wondred at, the Lon- don Minifters, in Heat of Difpute againft fuch as made the whole Effence of the minifterial Call to confift in Election, and looked upon Ordination, if not as antichriftian, yet, at beft, but as an indifferent Thing, in flat, direct and downright Contradiction to themfelves, they except a- gainft this Scripture, as inefficient for Proof of the Peo- ple's Right. 1 fay, they attempt the enervating the Force of this Text, in downright Contradiction to themfelves. For, in the Page immediately preceeding this Attempt *, when * Jus div. Min. Evan, P. 12*. Jus populi dwinum. 31I when fpeaking of a mediate Call, its being either extraor- dinary or ordinary, they fay, Thus the Call of Matthias to the Apoftleftnp was extraordinary by the Ufe of a Lot, and yet alfo by the Choice of the People. And, by their Conduft here, to a Demonftration it is confirmed what they fay after- yards *, namely , 'That the Nature of Man is always apt to run from one Extreme to another. And here they except, faying, The Perfons appointing the Tkvo y of which in the 23 Verfe, were not the People, but the Apoftles, in all Probability, for, fay they, the One hundred and twenty Difciples are named only in a Paren- thefis ; and Peter, in his whole Difcourfe, relates efpecially t if not only, to his Fell ow» apoftles. For Proof of this they fay, in the 17 Verfe, it is /aid he was numbred with us, and, in the 21 Verfe, it is /aid, which accompanied with us, that is, the Apoftles, and, in the 22 Verfe, it is f aid, Mufi one be ordained to be a Witnefs with us, that is, the Apoftles. But furely all that is advanced in this, is of fmall Weight, for fuppofe a Minifter were to call the Elders, and other Members of the Congregation, together, in order to ele£ an Elder or Elders, as I know lorae have done, and one, narrating Matter of Fa£t, fhould fay, at fuch a Time, or, in thofe Days, the Minifter flood up in the Midi* of the Meeting, among the People or Members, and faid (the Number of Men affembled together being about One hundred and tv. enty ) It is needful, that one or more of our Number being removed, another, or fome others of fuch as have accompanied with us ( as the Deacons do ) fhould be cho- fen to labour or rule with us, and take the Overfight of the Congregation with us ; and if the Hiftorian fhould add, And they appointed Two, could any rationally infer hence, that it was the EJderfhip only which made the Choice, and that the People had no Hand in the Eleftion ? would it not be far more rational to infer, that the Election was made by Elders and People joyntly ? For what they fay in the next Paragraph, namely, That if it was the Onehun^ dred and twenty that choofed, yet, in this, they were guided and direBed by the Apoftles, and fay they, it was ele£fio populi prseeuntibus & dirigentibus apoftclis, popular EUBion, or an EleBion of the People, being guided and direclsd of the A- poftles. • Page Uj, 32 Jus populi dwinunu poftles. Now this is all we plead for. We do not fay thtf Difciples elefted in Diftinftion from Feter, and the reft of the Apoftles ; and it is not denied but the Right of Mode- ration at Elections belongs unto the Presbytery. But not to infift further on this, fuch as pleafe may fee iarge and fo- lid Anfwers to what they or others except, in Mr. Lawderz excellent Piece, intituled, The ancient Bijhops conJidered> and in Amejius his Eellarminus enervatus ; and for all the London Minifters except, there they are plainly for the People's* Right to eleft their own Paftors, as m3y be fhewn af- terwards. Secondly. That it is the Right of the Lord's People to tied: their own Paftors and Overfeers, the Right of Church Members, is evidenc from the Hand the Multitude had in the Election of the Deacons, ABs vi. 2, 3,4, 5, 6 Verfes. There we find the Twelve Apoftles, Matthias being num- bred with them, calling the Multitude of the Difciples to them, and exhorting or commanding them to look out from among themfeives Seven Men full of the Holy Ghoft and Wifdom, whom they, tffe. the Apoftles, might ap- point over that Bufinefs, namely, the caring or collecting for the Poor, and feeing to the Diftribution of the Churches Charity. And, as the Propofal or Command was pleafing to the whole Multitude of the Difciples, or of the Lord's People, for that is the Name by which they were then called, fo the Choice was wholly left unto them by the Twelve, as that which, of Right from Chrift, belonged unto them, and accordingly the whole Multitude elected the Seven, and fet them before the Apoftles for Ordination by Impofition of Hands. The People had Right from Chrift to choofe their Deacons, and therefore a jortiM^ or much more have they a Right to choofe their own Pa- ftors. This is another Scripture from which the Throng of our Proteftant Divines ( if it be not fome of the high- flying Hpifcopalians ) do argue for, and confirm the divine Iiiftitution of popular Calls or Elections. The reverend and renowned Mr. Gill ef pie * having afferted, that the Right of Election pertaineth to the whole Church, for Proof of his Affertion he cites this Scripture, and fays, The Apoftles * Pop. Cci. ?< a*c Jus populi divinnm. 3$ Apoftles required the whole Church and Multitude of Difciples to chooje out from among them Seven Men to be Deacons, Aizs vi. x, 5. Rutherford cites this Scripture alfo, for proving the People's Right in the Affair *, and fays, We never read in the Apoftles Churches, a Man was obtruded upon the People a- gainfi their Will, and therefore Election by the People, in the apo~ ftolick Churchy mufl be our Rule , as A£ta i. 26, and vi. 2, 3, 4* Any Election without the People's Confent mufl be no Election, for if it pleafe not the whole Multitude , as Aft, vi. 5. it is not a Choice. Parky when proving the Intereft of the Church of Believers in the Eleftion of her Parlors f, fays* 'Thtis we alfo find, that the hooking out, Nomination and Election of the Deacons, whofe Office is one of the ordinary, tho* inferior Offi~ ces of the Church, is given by the Appointment of the Apoftles to the Multitude of the Difciples, or ordinary Believers. In . which Action, he fays, it is evident the Multitude of Difciples or Be- lievers were left by the Apoftles to their own Freedom and Difcreti* on in the Election. As alfo, he fays* it is evident, 'That the "Looking out, Nomination and Election of the Seven was accor* dingly performed by the Multitude of Believers, in prima in- 4 ftantia, without the Prelimitation of a previous Nomination or Choice. Dr. Owen cites this Scripture alfo for Proof of the People's Right to choofe their own Parlors, as well as o- ther Church-officers, and fays t, I* if impoftfibte there fiould be a more convincing Inflance and Example of the free Choice of ecclefinflical Officers by the Multitude, or Fraternity of the Church, than is given us herein. Nor Was there any Ground or Reafon why this Order and Procefs [hould be obferved, why the Apoftles would not themfelves nominate and appoint Perfons, whom they faw and knew meet for this Office, to receive it, but that it was the Right and Liberty of the People, according to the Mind of Chrift, to choofe their own Officers, which they would not a- bridge nor infringe* And he affirms, 'That, in this Pattern and Precedent, the Interefl, Power and Privilege of the Multl-* tude of the People, in calling of meet Perfons to Office in the Church, is fo fecured unto them, as that they can never juft- ly be deprived thereof. The reverend Principal Forrefter * fays„ C This * Due Right of Presb. P. 45*5. t Againft lat. P. jo, 1 Fat. and Govern, of a Gofpel-church, P. 4 Deacons muft be tried, and * i£ Deacons, the loweft Officer in the Church, mull, by * divine Appointment, be firft tried before admitted to ufe * the Office of a Deacon, how much more is this required € in the Office of the Miniftry, which is far higher ? ' And again £ they fay, 4 No Man may do the Work of a Dea- * con in the ecclefiaftical State, unlefs called to the Office, € as is evident from Ads vi. where Men full of the holy * Ghoft and Faith, chofen by the People to that Work, 1 yet might not minifter till triey were appointed by the € Apoftles. ' And their Inference is, much- lefs may any preach that is not firfi tried, the Work of the Miniftry being of greater Confequence. And again * they argue, ' In the New * I'eftament we read, l. That, in the very Choice of * Deacons, which was but an inferior Office, and ferving * only for the Diftribution of the temporal Eftates of the * People,the Apoftle requires,that they {hould not only be * ele&ed by the People, but alfo ordained to this Office, * much more, fay they, ' ought this to be done in the c Choice of Perfons who are called to the Work of preach- 1 ing and difpenfing frcramental Myfteries, a Service, of * all others, of greateit Weight and Worth. * And it is to be noticed, that in this they alfo argue in dire£r Con- tradiction to themfelves, for, in the foregoing Leaf, they fay, ' The mediate ordinary Way, by which God * would have all Men to enter into the Miniftry, is by * Eleftion and Ordination. * And then they add, 4 They 4 are both of them diftinftly fet down in the Choice of * the Deacons, Ads vi. 5, 5, 6, * Surely by this they in- tend, that, as in the Call of the Deacons to their Office,firft there was Election by the Multitude or People, and then Or- * Bt\U eneiv, p. $?. f Jus dm Mm. p. n: £ P. S6. * P# 15** Jus popiili dimnum. 37 Ordination, fo it muft be in the Call of Gofpel-mini- fters. "Thirdly. That it is the Right of Church-members, or of the Lord's People, to choofe their Paftors, and Over- feers of their precious Souls, is evident from Acls xiv. 13. where we read of the Apoftles, Paul and Barnabas, or- daining them Elders, or Presbyters, in every Church by Suffrages, gfg. the Suffrages of the Difciples, or of the Members of fuch and fuch Churches, whofe Souls they confirmed by their Doftrine, exhorting thern to conrinue in the Faith. In our Trantlation the Words are only, And when they had ordained them Elders in every Church ; ac- cording to the Original they run thus, %*%>.$& ravm cm? roig tpsiZvTepvq, which t Beza renders, Quumque ijfis per fvffra- gia creaffent per [mgulas ecclejlas presbyteros, when they had created or ordained them hldeis, by Suffrages or Votes, in every Church. And, in the Margin, his Note for Ex- plication is, Apofioli plant atas ecclejlas , &c. the Apoftles 4 committed fuch Churches as they had planted to their 1 proper Pallors, whom they ordained, neither rafhly, but 4 by previous Prayers and bailings, nor for Reward, nor * by imperious Power did they impofe them upon the * Churches, but did ordain or confticute ftich as were ap- f proven by the Suffrages of the Multitude. * And as Be- za, fo the Tgurine Yerfion, fo Pagnius, fo FJaccus Illyricus y Vatablus, Erafmus, Pifcator, and many others, render the "Word ; and fo, fays Owen, do all our old Englilh Tvavjlaa- ons. And it was not the Fault of our Translators it was not fo ltill ; for, tho* thefe learned Men were moftly of prelatick Principles, that were chofen by King James VI. for that glorious Work of tranflating the Scriptures, yet they were Men of Honefty, and tranflated the Words to the fame Purpofe, but they were altered afterwards, as Dr. Thomas Hill, Matter of Trinity College in Cambridge^ and a Member of the Wejlminjler A ffembly, tells us*, / have it y fays he, from certain Hands, fuch as lived in thefe Times, that when the Bible had been tranflated bv the Trarjla- C 3 tors * Scr. on Eph.lv. 15. preached xApril 3. 1^48. befoje the Mayor, Sheriffs, &c. of London, p. z$ %t 3§ yus populi divinum. tors appointed, the New Teftament was looked over hy fome of the great Prelates ( Men I could name of their Perfons ) to Iring it to /peak prelatick Language, and they did alter Fourteen 'Places of the New Teftament, to make them /peak the Language efthe Church of England ; and then he inftanceth Four in this Book of the ABs, ABs i. ip. where we have the Word JB'/Jhoprick inftead of Charge, Office or InfpeBion y ABs ii. 17, where we have Hell for Grave in former Tranflations, to make it agree with the Thirty nine Articles, into which, fays he, that of Chrift's Defcent into Hell, was thruft, Bi- ihop Bilfon having been of Opinion, that Chrifi did locally defcend into it ; and ABs xii. 4. in which Place we have Softer, whereas it is the faffover according to the Original, this might be to favour their holy Time of Eafter, Or an Eafter Communion. And he inftanceth, in this Fourteenth ofthe^tfj, 25 Verfe, which, fays he, in the Geneva Tran- slation, was rendred chofen by Suffrages, by lifting up of Hands* the Word primarily importing that. However, we have Ground to blefs God we have fuch an exacl: Tranflation, tho\ in fundry Places, a Correction would be defirable. But of this lv -rap 6$w, or in the by. It is evident, when the Words are rendred according to the Original, that the Apoftles, Paul and Barnabas, ordained Elders or Presbyters to the Pifciples when chofen, viz. by their Suffrages, or the Voice of the People. The Word xwrowescvres is taken from the ancient Cuftom of the Grecians, who, in theif E- ^e£tion of Magiftrates, ufed to give their Suffrages by ftrecching out their Hands. And Amejtus fays, Bellarmine himfelfo*ns that this of electing by Suffrages is the only proper and native Signification of the Word *. This, as the former Scripture, is cited by almoft all our Proteftant Divines, for Proof of the People's Right to choofe the Overfeers of their precious Souls. The judici- ous Calvin t having put the Queftion, Whether a Minifter Jhould be chofen by . the whole Church, or by his Colleagues only and the Elders, qui cenfuras praefunt, or whether he pught to le corftitute by the Authority of one Per/on. In anfwer, as there he gives the Right of Eleftion to the whole Church, Jo when {hewing, that neither "Timothy nor Titus did or- dain i »i — ■»■' * 1 ■ ■ * IklU cnctv. p. $7. | Iaflir. lib. 4. cap. 3. par. 15. Jus populi divinum. 39 dain EMers without the People's Choice, he fays, Nequid finger e vide at, planum id faciam jlmili exemplo ; and then he fays, Refert enim Lucas confiitutos effe per eccleflas presbyteros a Paulo & Barnaba, fed rationem & modum fimul not at y quum dicit faclum id effe fuffragiisy x"P tow3vt#, inanity -rpgc- fivrepx; hut 2M\wia.vy creabant ergo ipfi duo, fed tota multitudoy ut mos Groscorum in ele&ionibus erat y manibus fublatis decla- yabat quam habere vellet videmus autem ipfurn {viz- Pau- lum ) ex populi fuffragiis epifcopos ere are folitum. By thefe Words he makes this a plain clear Scripture Example of the People's choofing by Suffrages their own Minifters, as of the Apoftles ordaining of fucji as were chofen by them. So the renowned Centuriators ef Magdeburg, cited by Mr. Gillefpie *, Neque apofiolos y &c. Neither the Apoftles nor other Minifiers of the Church did affume this Power of electing and or- daining Presbyters and Deacons to themfehes onfyy but did call for the Suffrages and Confent of the whole Church , which is mani- f eft both from I Cor. i. 21, 22. and alfo is proven by Examples* And then they cite for Proof, Acts i. %%• vi. 6. and xiv. 23. Turretine cites this Scripture for that Purpofe \ % Apofipli.oppidatim conftituunt presbyteros per populi yji?0Tov.av* five liber is ejufdem fuffragiis y &c. 'the Apofiles did constitute Ei- ders from City to City by the ^u^orovtz of the People >> or by their free Suffrages , the Word being derived from the Cufiom of the Grecians, who gave their Suffrages by extending and firi tching out their Hands y and being transferred from that to all fort of Ele&ionsy itfignifies to create by Suffrages. So the learned Profeflbr Alarkius ^ lays, Dicitur vocatio ordinaria vel extra- ordinaria y mediata vel immediata y atque ejus quidem originate jus eft penes ecclefiam y \uxta loca A£h i. 23. vi. 3, 5. and xiv. 23. & minifterii quod ecclefi becaufe the People have I'owtr to choofe out of many onefittefl and moft qualified for the Office , as is clear AGs vi. 5. A&s i. Verfe lofty Acts xiv. 23. becaufe C 4 the * Eleft. of ?aft. p. 16. | Inft. Theol. Par. 3. p. 255- t Mc Elders both ruling and preaching, were chofen ly moft Voices of the Church, the Suffrages being fignifed per %stpoToviav, that is, by lifting up, or f tret chin g out of the Hand , AGs xiv. 23. So the judicious Durham, $ when fpeaking of immediate and mediate Calls, he fays, 'The mediate cal- ling of the Church, according to Chrift's Ordinance, is Chrifis Call, as that more immediate was, and therefore, A£ts xx. 2S. and elfewhere, thofe Elders and Pajlors of Ephefus, ( who yet no queftion had but fuch a Call as thofe that were chofen by the people, and ordained by the Presbytery, A£ts xiv. 23. and I Tim. iv. 14.) are faid to be fet over the Flock by the holy Ghoft. From theie Words of his it is evident, that he looked up- on the Call of a Minifter by the Church, to be Chrift's Ordinance ; and as this Call confifts, according to our Divines, in Election and Ordination, fo it is evident he gives EJe&ion, or the Choice, unto the People, and Or- dination to the Presbytery. And he thinks this xiv. of the Afts and i% Verfe is a folid Proof thereof. Doftor Owen infifts 3t large upon this Scripture ][, and fays, ' The ' rirft conftant life of it in Things political or civil, and fo * consequently ecclefiairical, is to choofe, eleft, defign, or I create any Peribn an Officer, Magistrate, or Ruler, by * Suffrage, or common Confent of thofe concerned * As many Inftances of this Nature may be produced, as 1 there are Reports of calling Men unto Magistracy by * FieQion in the Greek Hiftorians. And all the further * Compefitions of the Word dofignify to choofe, confirm, * or to abrogate by common Suffrages. The Word is. but * once more ufed in the New Teftament, 2 Cor. viii. 19. * where it plainly fignihes Election and Choice of a Per- f fon to an Employment, xs^orov^ei; vto tZv haOwJhh he * v/as chofen of the Churches to travel with us. ' Many others might be produced, ryid particularized to this Pur- * AgaiiiftCer. p. 280. f Eleft. ofPaft. p. 9. fOnfoi'* p.^j. fol« 1. lrap. f| Nat, and Govern, p. 68. yus popiili^ divinum. 41 Purpoie. As Principal Rule*, fo Principal Forrefter f, who fays, tte Right of Church Members to choofe their own Paftors ineffectually -pleaded from this Text. So that eminent Di- vine Oliver Bowles, in his Pa/tor evangeUcus £, he argues from the Word x ei ?°T°^tv for the Church's Suffrage in this Affair. Here Cardinal Bellarmine, and fundry after him, except againft this, c Thar the Word is to be taken not for the 1 People's JBleQion by Suffrages, but for the Apoftles Or- 1 dination, denoting not the People's Choice, but the 4 AS of Paul and Barnabas, in ordaining of Elders in every * Church ; and here they would have %u?qtqvicl to be put * for xwobwiz, Ele&ion for Ordination. ' But as Mr. Bow- les fays I!, * Then the Evangelift had been a Barbarian f to whom he wrote, for at that Time the Word was not * fo ufed in any Author, whether facred or profane, 1 and, adds he> nee potefi in contrarium dari infiantia, nei- € ther can there a fingle Inftance be given in the contra- € ry. And, he fays. Ordination is always expreft by ano- * ther Word in the apoftolical Writings. And he hints, € that no Reafon can be given why the Evangelift fhould * depart from- the native Signification to a tropical or figu- 1 rative one ; and a great deal more he hath to this Pur- pofe. Owen, in Anfwer to this Objection, fays, ' Paul 4 and Barnabas did prefide in the whole Aftion, helping, * ordering and difpofing of the People in the Difcharge 4 of their Duty, as is meet to be done by fome in all the * like Occasions, and therefore it is truly faid of them, * that they appointed Elders by the Suffrages of the Peo- € pie. * And further, in Anfwer he fays, 4 I have fhew- 4 ed before out of Scripture, that when a Thing is done 4 by the whole People, it is ufual to afcribe it unto him € or them who were chief therein, as elfewhere the fame ' Thing is afcribed unto the whole People. J And the Word xetporovwcivTes cannot be underftood of the Suffrages •of the Apoftles, as fome would have it : For, as fay the London Minifters themfelves, 'They being but two, there cculd he no Place for Suffrages. And after excepting againft this Scripture, ■ •* ■■ ■ ■ ■ 1 11 - ■ ■ " 1 - i. — - _ * Rat.Def. p. 199, »oo. f 20 Query to Frelat. J P. y, j$« fj Part. Evan. p. iz% 41 jpus populi dimnum. Scripture, they fay, Something pofjibly may be /aid out of Scri-> pure for xeiporovitt t* Aa#, but for yfifittut T * ha* nothing can be /aid *. And *furretine fays, It cannot be underfiood of their Suffrages, viz. the Apofiles, becaufe the Circumfiances of the 'Text hint unto us , that the Body of the Church did concur to that Election or Call. Any that incline may fee large Anfwers to this, or any Thing elfe that hath been excepted in the forecited Writings of Bowles, Gillefpie, Rule, Turrttine, A- mefius his Bellarminus enervatus, and fundry others that might beinftanced. Here, perhaps, fome may objeft or except, * That this t and the former Texts are only Examples and not Pre- * cepts, and Examples of the Church not yet conftituted, 4 and therefore not of Force to be a ftanding binding * Rule to the Churches of Chrift in after Ages. * But for Anfwer, I fay, That apoftolical Pra&ice is equivalent to Scripture Precept in all Things not otherwife determined. I T'heff. i. 6, 7 . there fays the Apoftle to the Commenda^ tion of rhe believing 'Theffalonians, And ye became Followers of us and of the Lord. And again,, in the ii Chap. 14 Verfe, he fays, And ye Brethren became Followers of the Churches of Qod y which in Judea are in Chrijb Jefus. And the Lord's commending any Thing in his People, is a virtual enjoin- ing thereof ; yea, we are exprefly commanded to write after apoftolical Examples, as 1 Cor. iv. 16, 17. Wherefore I befeech you to be Followers of me, ynyi^rcu, Imitators of me* And for that Caufe he tells, he had fent Himotheus that he might acquaint them with his Example, Conduft and Pra- ctice in every Church. As Chrift taught the Apoftles in e- very Thing relating to his Kingdom, fo they taught the Church pra&ically by their Example. Owen fays, 4 The * Example of the Apoftles and Church of Chrift not other- * wife determined, hath the Force of an Inftitution. To this Purpofe fpeak the London Minifters f, * The Ex- * ample of Chrift was not only written for our Imitation, but the Examples of the Apoftles alfo in the primitive Churches were intentionally left upon Record for this End, that they might be binding Patterns for us to follow in like Cafes in after Ages ; and in particular, this feems to * be * Jus div. minift. Anglic, p, 97. f Jus icg. p. 13. Jus populi divinum. 45 be one fingular Ground, Scope and Intention of Chrift's Spirit in writing the Hiftoryofthe A&s of the Apoftles, that the Apoftles AGs in primitive Churches might be our Rules in fucceffive Churches -* If the Church wanted this Hiftory of the Apoftles, fhe fhould want that perrefi Direftion which the Spirit intended to her. * And again they fay *, c i. Apoftolical Examples in Things neceflary for the Good of the Church, and which have a perpetual Reafon and Equity in them, have the Force of a Kule. 2. If we fhould not follow the Examples of the Apoftles in thofe Things in which they afted as or- dinary Elders, we fhould be left at Uncertainties, and every Man might do what feemeth good in his own Eyes,* which would tend to Confufion, and the DiiTolution of the Church* 3. The Apoftles taught the Churches to do nothing but Avhat they had a Commandment from Chrift to teach them, Matth. xxviii. 20. 1 Cor. xi. 23. And in all their difciplinary Inftitutions, which w6re not merely occasional, and had only a temporary Rea- fon of their Inftitution, are to be imitated as though. they were the immediate Inftitutions of Chrift. ' In- deed they are fpeaking for Ordination, but all they fay, it is equally ftrong for the People's Ele&ion. What the Apoftles did with the Churches when conftituting of them in the primoprimitive Times, is to be our Rule in After- ages. To fay,- the Church or Churches were but a coa- ftituting in the Apoftles Days, and therefore net to be i- mitated, is to reje& a great Part of that Book of the ABsy which fome have called evangelium Spirit us fan #/, the Goipel of the holy Ghoft, and fo one great End thereof fhould be loft. Fourthly. The People's Right to choofe their own Pa- ftors, is evident from our Lord's Command unto them to try the Spirits, as 1 Jo. iv. 1. Believe not every Spirit, but try the Spirit s y whether they are of God, becaufe manyfalfe Pro-* phets are gone out into the World. And Matth. vii. 1 5. there he commands his People to beware of falfe Prophets ;and he allows it in his People, not to hear the Voice of Hire- lings or unworthy Minifters, but, inftead of this, to flee from * Jus div. min. p. 160, 161. 44 ffls populi divinwn. from them) as Jq. x. 5. Rev. ii. 2. there it is fpoken, to the Commendation of the Church of Ephefus y that {he could not bear them which were evil, and becaufe fhe had tried them which f aid they were Apoftles, and were not> but did lie. She tried them, and tried them fo as to rejeft them for their Unworthinefs. And a Right to withdraw from un- found Minifters, will infer an inherent Right to make Choice of fuch as are worthy. Mr. Lawder argues at length to this Purpofe *, ' Hath he given to his People an 1 heavenly and fupernatural Sagacity to know his Voice in ' his Servants, and commanded them to try the Spirits ? f then furely he hath given them a Voice in the Choice or * El eft ion of their Paftors. ' So fays "Turret ine f, ad ilium pert inet jus vocandi cuius eft difcernere> &c. the Right of E- le&ion belongeth to him whofe it is to difcern Teachers from Seducers, to prove found Do£trine, to diftinguifh the Voice of Chrift, the chief Shepherd, from the Voice of falfe Apoftles, and not to follow another, to anathematize thofe that preach another Gofpel, but that belongs to the whole Church, by virtue of the divine Precept. So Mr.Bowles 4:, JEqum id re&umque, ut quorum eft y &c. it is juft and right, that they, to whom it belongs to try the Spirits, whether of God, to beware of falfe Prophets, and not to hearken to them, to judge of heretical Do£trine, and to be affu- red anent the Life and Manners of Candidates, that they be free from Scandal, that their Confent in calling Pa-r (tors fhould not be neglected ; and then he cites Cardinal Cufanus, aiTerting, that if the Confe?it of the 'People were not to intervene, the People would be punifted unjnftly for the Ignorance cr W'ukednefs of the Minifter. Rutherford * fays, c The dif- cerning of the Spirits, and the knowing of the Voice of * Chri'tt fpeaking in his called Servants, is laid upon the * Flock of Chrilt, whofe it is to ele£t, and not upon the * Patron, who may be a Heathen and Publican, and, as 4 fuch, is no Member of the Church. ' Amefius fays, The Chriftian People are commanded to hearken to true Paftors, and to ftee from the falfe, and therefore to choofe the good, and to re- jeft * Ancient Bifh. confid. Pag. 326, 327. t Iniht. Theol. Far. s. p« 254. t Fait. Evan. p. 10. * Due Right, p. 4^4. Jus populi divinumi 4? jeB the pernicious. So Principal Forrefter, who fays, Th e Judgment of Difcretion, the fpirifual Decerning and faying of the Spirits, enjoined to the People of God, mu ft, in a fpecial Man- ner y be afhwed in this Cafe. So Owen, Lawder, Park and o- thers, they argue from this Topick. Indeed Bellarmine ob- jects fundry Things here, he obje£ts, that the People are not fit to judge of thofe that are to be Paftors, or, if they ■were capable for this, then they would not need Paftors ; which are of no Force, and any that pleafe may fee Ame- pus -in Anfwer to him. And of this afterwards. Fifthly. That this is the People's Right, appears farther from this, that in the Apoftles Days, when any fpecial Piece of Work was to be done, if there was not a fpecial Revelation as to the Perfons, to be employed therein, they were chofen hx the whole Church ; as when a Meffage was to be fent to tne Difciples at Antioch, Judas and Silas were chofen by the whole Church, joyning with the Apoftles and Elders, ABs xv. 22. "Then pleafed it the Apoftles and El- der s, with the whole Church, to fend chofen Men of their own Company, with Paul and Barnabas, namely, Judas and Silas, chief Men among the Brethren. Thofe chief Men were cho- fen Men, chofen by the whole Church, rich and poor being equally concerned in the Choice or Ele£tidn. So the Brother that travelled with the Apoftles, whofe Praife was in all the Churches, fuppofed to be Luke, 2 Ctr. viii. 19. he was chofen of the Churches ; and the Brethren fpoken of in the 23 Verfe, they are called the Mejfengers of the Churches. Thofe that were called to travel in the Churches Affairs, were chofen by them, the Choice was given to them by the Apoftles ; thojgh they were to travel with the Apoftles, yet they did not feek the Nomination nor Election of them, and if the Things which were of fmal- ler Moment were left to the People's Suffrages, as Mr. Bowles hints, then we have Ground to think they were not neglected, but their Voices asked when Paftors were to be ordained for the Work of the Gofpel among them* Calderwood fays *, Pot eft as in eligendis ad alia mania eccleflam in pafloribus eligendis jus hdbuijje indicat. The Power the People * Alt, Dam. Pag. jjo« 46 Jus populi dimmm. People had in choofing to other Offices, (hews they had the Right in choofing Paftors. Paul's Companion in Tra- vel, fcgipoTowiSfts Vro twv lkKAv;cr/wv, he was chofen by the Suf- frages of the Churches, to carry their Contributions for Relief of the Church of Jerufalem, 2. Cor. viii. 19. and then he cites AtJs xv. 22. Rutherford alfo cites thefe Scriptures for this Purpofe * ; for, having afferted that the People have God's Right to choofe, he fays, for fo the Word pre- fcribeth ; and, on the Margin, he cites ABs xv. a±. 1 Cor. xvi. 3. & viii. 19. &>c. Principal Rule alfo argues front thofe Scriptures |« And, fhould any except againft this* that the Choice, in thofe Texts, was not to any Office in she Church, but only to a particular Piece of Work or Service, I think the Argument runs a fortiori, and bindeth the more ftrongly ; for, had they a Right to choofe to fuch particular Work, much more is it to be fuppofed* that they had a Right to eleft the Overfeers of their precious Souls. Now, if the Judgment of folid and learned Interpreters is not fiightly to be regarded, qs the London Mini- fters fay +, then, in the Mouth of many fuch Witnefles, this Point of the People's Right to choofe their own Pa- llors, hath been confirmed and eftablifhed ; and, at the Mouth of many faithful Witneffes, this Pofition is to be put to De^th, that there is nothing in Scripture countenancing the Right of the Chriftian People in the Choke of their own Pa- ftors. There are fundry other Places of Scripture, from which the Right of the Lord's People to call their own Paftors, hath been pleaded, as fome of the Antients pleaded from 1 Tim. iii. 2, 7. where the Apoftle lays, A Bijhop muft he llamelefs, and of good Report. Bifhop Stillinpfleet, in his Un- reafonablenefs of Separation, having afferted, that the main Ground of the People's Intereft to call their own Pa- ftors, was founded by the Antients upon this Scripture, Mr. Clark/on, in Anfwer to him *, fays, this Rule of the A- poftleSy was one Ground upon which the People's Intereft in the Choice of their Bijhops and other Officers, was founded, but it was not * Due Right of Ficsb. Pag. 201. f Rat. Dcf.p.201. f Jusdmrej, p tzI. * No £vid. fax Dioccf. Churches, frs. p. 45* Jus populi divinutn. /fl not tie only Ground. Cyprian, Chryfofiome and others, con- clude it from other Places of Scripture, but this might be fufficient, fays he> if there were no other to found their Right or Power in Elections; for the Teftimony required* was not only of their good or ill Behaviour, which an Heathen might give, but fuch as fignified that they judg- ed them fit and worthy to be, and fo defired them for their Officers, which is not a mere declarative Teftimony, but fuch as is eleQive ; and this will be cleared, adds he % by the Authors which the Dr. cites afterwards. Others plead for the Church her Right to elefl:, from the Confi- deration of her being entrufted with the Keys of the Kingdom of Heaven, Matth. xvi. 19. and xviii. 17, 18. Turretine, Amefius y Owen and others argue from this To- pick, and they think the Gift of the Keys takes in a Li- berty of Eleftion on the Part of Church-members, as well as the Power of Ordination on the Part of Minifters. Others have argued from the Power and Liberty which was given to the People of the Jews, even under the "The- ocracy , to choofe their own Rulers and Overfeers, Deut. i. 15. Take ye unto you wife Men and underflanding> and known among your Tribes, and I will make them Rulers over you. Mo- feSy fays Mr. Henry upon the Place, ' was not defirous to 4 prefer his own Creatures, or fuch as fhould under-hand * have a Dependence upon him, for he leaves it to the * P.eople to choofe their Judges. Take ye wife Men that f are known to be fo among your Tribes, and I will make c them Rulers. Thus the Apoftles directed the Multitude * to choofe Overfeers of the Poor, and then they ordain- * ed them, ABs vi. 3. ' Owen fays *, ' Under the Old * Teftament there were three Ways wherein Men were * called unto Office in the Church, 1. They were fo ex- * traordinarily and immediately by God himfelf, fo Aaron * to the Priefthood, and others afterwards, as Samuel to * be Prophet. 2. By a Law of carnal Generation, fo all the Priefts of the Pofterity of Aaron fucceeded into the Office of the Priefthood, without any other Call. 5. By the Choice of the People, which was the Call of all the ordi- * Nat. and Gov, rag. Si* 48 Jus populi dwinuni. i ordinary Elders and Rulers of the Church ; and then, * for Proof of that he cites this Deui.i. 13. take to your- 4 felves, date vobis, give to yourfelves, choofe or prefent ; * and then he fays, that firft Way of calling is ceafed in the * Apoftles and Evangelifts, the fecond was utterly abolifh- 4 ed, fo that the third Way only remains for the ordinary * Continuation of the Church, namely ', by the Choice * and Eleftion of the Church itfelf, with folemn Separa- * tion and Dedication by the Officers extraordinary or*or- c dinary. * And the London Minifters fay *, that Place of Scripture clearly defcribes unto us the Nature of Ele&ion, viz* of Minifters. And fundry have argued from that 'Marriage-like Rela- tion which is between a Paftor and People. Principal tor- refter fays, s The People's Right to call their Paftors, is ra- tionally, and in divine Reafon pleaded from that near and Marriage-like Relation which is between the Paftor and Flock t- Is not the Bride to have her Choice as well as the Bridegroom ? arid tho* Father and Mother and all con- cerned, confent, there can be no Match, unlefs the Bride confent alfo. They alfo argne from the Necefiitv there is of the Peo- ple's Choice and Confcht in order to nx the paftoral Relati- on. The reverend Principal Rule, who was employed by the Church of Scotland to write in her Vindication from fuch Afperfions as were caft upon her by a flanderous Pamphlet intituled, The Cafe of the afflicted Clergy, when, fpeaking of fome of the Epifcopal Clergy, which were ejefted at the Revolution, fays +, There was never a Relation ofPaflor and Teople between them and thofe Flocks, they> viz. the People, ha- ving never confent ed to fuch a Relation, by which he clearly intimates there can be no paftoral Relation fixed between a Minifter and People, unlefs the People confent unto it ; and I take this to be the received Opinion of Proteftant Divines, if it be not fuch as are of prelatick Principles. Ame fins fays *, Voluntaria ilia relatio, &Pc. that voluntary * Relation which is between a Minifter and a Church, can- * jus Div. Min. Pag. 135. | Append, p. 2<5 2. J: P. I2# * De Con- fcieu. p. 322. $Uf papuli dwinnmi 4^, 1 cannot have another Foundation than voluntary Electi x * on ; a free Church, while her Liberty is fafe, cannon * be fubje&ed to any but by free Election. * So the Lon- * don Minifters *, who fay, The People's Suffrages make a Per/on their Minifier, not a Minifter's ; they aflert this a- gain and again. So Rutherford, fo Apollonil, io Dr. Owen \ and others. The Synod of Fife made an Aft, of the Datel September 2$. 1 716. in which the Synod recommends to alt Presbyteries within their Bounds, that they have a fpe- cial Care not to plant a Minifter in any Congregation un- til they have the Defire and Choice of at leaft the Gene- rality of the People made known unto them, as being the proper Ground for founding the pdfioral kelation. And I know the Presbytery of Kirhatdie entred into a writtenRefolve, & little after the laft AS, in favours of Patronages, in whicli Refolve anent the Settlement of Minifters, 'tis affirmed* that the Relation of Pafior and People is founded upon the Electi- on, Choice and Confent of the People. How that Aft and this Refolve may be obferved, I am not to account for* and whatever fome may talk now, if I be not far miltaken* there was not a Synod nor Presbytery in Scotland, at that ^Time, but was ready to declare the pafioral Relation in Chriftian Congregations, is founded upon the Call and Confent of the People. Shall People have the free Choice of fuch as are to drefs the Food of their Bodies, and no Choice in fuch as are to prepare the Food of their Souls ? Shall they have the free Choice of fuch as are to be their Lawiers and Advocates to plead for them before Men* and no Choice of fuch as are to be their Mouth unto God, as his Mouth unto them \ Shall they have Liberty to fchoofe Phyficians for their Bodies, and no Choice of Phy- ficians for their Souls * And fuch as pleafe, may fee fun- 4 dry Reafons confirming this in Bowles his Pafior Evangels* cus +. And fo nuich for the fecond Head. D CHAP. * Jus div. min. p. 4. t Nam* * nd Govern. p. 7*t ♦ W* 50 Jus populi divinum. CHAP. III. I Come now to the third general Head, and that was to touch at, or to fhevv briefly what were the Sentiments of the Ancients, as to this of the People's Jus, Right, or Tower to ele£t their own Paftors, and that this was their Right in the Opinion of the Ancients, Fathers, and pri- mitive Chriftians, at leaft that this was a Privilege grant- ed unto them in the primitive Times, is generally owned ; and therefore I fhall not infift at any Length upon this. I am of Opinion, that all human Quotations, tho' from the moll: eminent of the Fathers or Ancients, are but as fo many Cyphers ftanding for much or nothing, as they are placed in an Account. A Thoufand Quotations from the Fathers, are but as a Cypher placed firft in the Ac- count which ftands for nothing, if there be not a Scrip- ture before it ; and I look on it as fignifying much, if firft there be a plain Scripture before it, confirming the Pofiri- on : Yea, tho* that Scripture fliould not feem fo clear, yet if it may fairly admit of fuch a Senfe, and there be no o- ther Place of Scripture oppofite to that Senfe of the Word, then I think Antiquity, the Practice of the Ancients, and Citations from Fathers of the Church next to the Days of the Apoftles, or in the firft three Centuries, is of consi- derable Weight, and a ftrong Prefumption that fuch is the Senfe thereof, or that fuch was apoftolick Praftice, and of divine Inftitution. The Country Scholar, in Vindica- tion of Non-conformifts from the Abufes of Durell and Scrivener *, was to be juftified for his Resolution, when he faid, 4 I amrefolved to ftudy Scripture with Care and * Confcience, and on that to build my Faith And if thefe Doftrines that I have good Aflurance be grounded € on Scripture, be charged with Novelty and Singularity, * then fhall I rejoice if I can find the Fathers confenting * with me. Other good Ends I can propound to my felf in reading the Fathers, but the main End I aim at, is to 4 flop * P. Its 3. Jus populi dm mini: $J\ ftop the Mouth of Gainfayers, efpecially thole who glo- ry in Antiquity, and make Confent of Fathers their Rule. I will not rejeft any Truth becaufe it is bui newly difcovered, nor yet embrace any Error becaufe if is of long Continuance, or, becaufe fome great or good Man had the ill Hap to be the firft Author of it. I wilt judge from Scripture what is Truth, and unto what De- gree any Truth is neceffary ; but when I have founqt any Opinion to be contrary to Scripture, I {hall be the more confident that I was not miftaken in accounting the Opinion erroneous, when I have *biind it cond . ed as fuch by many, or all the Fathers that fpeak And as the Lord Verulam faid, Antiquity, or the Q'pk the Fathers without 'Truth , is but a mouldy Error ; 01 like a Bank of Sand to build our Salvation upon, as the Bifhcp of Hereford faid. However in this, and alfo in Points in Controverfy between us and Romanifis, as alio between us and Proteftant Prelatifts, we need ne decline the Judgment nor Practice of the primitive Chri-s ftians, nor Fathers of the Church ; and therefore it was undoubtedly a wholefom Advice for their Intere'ft, which the Lord Digby, a hearty Friend of theirs, is faid to hav£ given unto Sir Kenelm Digby, in a Letter full of excellent? Learning *, He that would reduce the Church now to the Forfti of Government in the mojh primitive I'imes, foould not iake^ in my Opinion, the bejl nor wifeji Courfe, I am fure not the fa- fefl, for he would be found peck'mg toward the Presbytery ox Scotland, which, for my Part, I believe, in Point of Govern- ment, hath a greater Refemblance than either yours or ours fa the firfl Ages of Chrift*s Church, and yet is never a Whit the better for it, &u This Lord was zealous for monarchical Bpifcopacy. Now, for Proo^ of this, namely, that it was the Judgment of the Fathers and primitive Chrifftans, might be confir- med by citing a vaft many Councils and Fathers, would it not be tedious, and to little Purpofe, feeing it is gene- rally owned by Oppofites on this Head. The Teftimony of that eminent Father and Martyr Cyprian f Bifhop or Pa- D i ftcr * Jus diYi minift, P# *Ar*i\U«,n % Append, p. i©7<* 52 Jus populi divinum. (tor of Carthage, as it is notour, fo it is plain, clear and full to this Purpofe, particularly in his Sixty eighth E- pi file, where he fays, Propter quod plebs obfequens pr&ceptis do- tninicis, & Deum metuens, a peccatore prapoftto feparare, &*c* r >- which Caufe, a People obedient to the divine Precepts, and j earing God, ought to feparate themfehes from a guilty Overfeer f and not to joyn with the Sacrifices of a facrilegious Priefi, for as much as they themfelves efpecially have the Power, either of choojlng worthy Priejis, cr of rejecting the unworthy ; which Pri- vilege we fee defcends by divine Authority, that a PrUft pould be chofen in Prefence of the People, under the View of all y and that he fliould be approven as worthy and meet by common Judg- ment and 'Teflimony, &c. That Epiftle was written in An- fwer to feme People of Spain, who had written, defiring to know how to carry, in cafe the Bifhops of their Pro- vince, through the Inftigarion of the Bifhop or Rome, fhould impofe a Paftor upon them ; and what he wrote was not barely his private Judgment, but the Determina- tion of an African Synod, in whofe Name the Epiftle was written to the People in Spain ; and, in the Epiftle, he afferts, that the People principally, the People chiefly have the Right and Power to eleft worthy Priefts or Pa- ftors, and to reject the unworthy ; and he not only af- ferts, that it was their Right, but their Right by divine Appointment, a Right by divine Authority, a better Right than any human Law or ecclefiaftical Canon could give unto them ; and, for Proof of this, he cites ABs i. and vi. proving the People's Right from the Hand they had in the Election of Matthias, and of the Deacons; and, in that Epiftle, he affirms, it would be the People's Sin, if they fhould joyn in Communion with an unworthy Prieft or Minifter ; and Jhe affirms, this Right had defcended by divine Authority, by which he intimates, that it had been the Practice of the Churches of Chrift, fince theApoftles Days: And he afferts it was not only the Praftice of the Churches of Africa, but of thofe in mod of the other Provinces, that Bifbops or Paftors were cho- fen by the whole Brotherhood. And what that African Synod determined and ordered in the Affair, w^s furely the Refult of mature Deliberation, for they knew Bafilides had a Party to efpoufe his Quarrel againft Sabinus, and likely Jus pQpuli divinum. 5 3 likely a very ftrong Party, the Bifhop of Rome having ta- ken him by the Hand. Here many Councils might be ci- ted, aiTerting the People's Right to choofe their own Pa- ftors, as the Councils of Nice, of Covftantinople, Carthage , Chalcedon, Lacdicea, and many others, in fome of which, the Want of popular EleBion was held to make a Minifler's Ordina- tion void. And the truly ancient, tho' only pretended apo- fiolical Confiitutions, ordained that Bifhops be chofen by all the People. And here many of the Ancients, or Fathers of the Church, might be cited, as Clemens, the hrlt poft- apoftolick Writer, who lived in the Apoftles Days, in an Epiftle to the Corinthians, teftifieth, that the Apoftles themfelves appointed approved PerTbns to the Office of the Miniftry, av^oa^cta^ tvjc- 1*»7&i8A raw, by or with rhe Confent of the whole Church, as Dr. Owen renders the Words, fo Ignatius, 'Tertullian, Origin, Ambrofe, Chryf ftome % Gregory the Great, and many others. The learned Tune- tine fays *, Communi quafl voce antiouitas judicavit omnes Mas eleBiones irritas, qu& ccwj kaM aweaetau id eft, ut vertit Cy- prianus, fine populi confeientia & affenfu fatfx erant. Antiquity judged, as it were, in one Voice, that all fuch Elections were void as wanted the Conscience and Confent of the People. Prin- cipal Rule fays t> Nothing of Church Order is mure clearly and frequently, and unanimoufly in the Writings of the Ancients, and did longer continue untaken away, even in the degenerate Ages of the Church, than the People's choofing- of their P afters. And he thinks the obtruding of Paftors upon the People, without their Choice and Confent, may be reckoned among the Novelties of Popery. Tbwt learned and ingenious Gentleman, Sir Peter King, after a nar- row Search into the Conftitution, Difcipline, Unity and Worfhip of the primitive Church, during the firft Three Centuries after Chrift £, fays, When the Bifiop of a Church was dead, all the People of that Church met together in one Place to chcofe a new Bifhop , and afterwards he fays, Now the Manner of eh cling a Biji.op (to wit, during the fiyjl Three Centuries ) / find to be thus. When a Parifb o/. Bifiopvick D 3 was * Inftit. theol. Par. j. p. 257-. f &«. def. p. 201, J Enq. i»t.o Conf. p. 22, 45. 54 Jtos populi divinum. was vacant, through the Death of the Incumbent, all the Mem- bers of that Parift, both Clergy and Laity, they met together in the Church, commonly to choofe a ft Per/on for his Succeffor, to whom they might commit the Care and Government of that Church. And he gives fundry Inftances of fuch popular EieSions, as of Sabinus to Emerita, which, fays he, was by ail the Brotherhood. So of Fabianus, who, he fays, was chofen to be Bifhop of Rome by all the Brethren who were rnet together in one Place for that very End. So, after his Death, he inftanceth in the Ele&ion of Cornelius to Rome; and fo in Alexander, of whom he fays, That when 1)3 was chofen to be Bifiop of Jerufalem, it was by the Choice of the Members of that Church ; and fo he inftanceth in the Election of Cyprian to the Diocefe of Carthage, who was chofen by its Inhabitants and Members, as Cyprian acknowled* ges, who frequently owns he --vas promoted to that honourable Charge by the Suffrages of the People. Now this Gentleman's XJnbiaiTednefs, Candor and Ingenuity is fuch, chat if, in all the firlt Three Centuries, after his diligent Enquiry, he had but found one ilngle Inftance that feemed t*> con- demn popular Elections, or to countenance CalL by Pa- trons, Heritors, Magifrrates, Town- council, Bifhops, or any Church-officers exclufive of the People, it had been recorded by him. In the primitive Times the People -were called the facra plebs, and not the Populace by Way of Contempt. Then the Privilege of Election was given to them. This is acknowledged by Bifhop Bilfon, who was no more friendly to the People, in th>s Affair, than Bellarmine himfelf. Mr. Clarhfon cites him^ laying *, The fullefl rVords that the Greek Authors ufe for all the Parts of E- fecrion, as, to propofe, to name, to choofe, to decree, are, in the Stories eccleflaftical, applied to the People ; and afterwards thus, So ihat, in the primitive Church, the People did propofe, riame, elecl and decree, as well as the Clergy ; and tho the Preslyiers had more Skill to judge, yet the People had as much Right to chocfe their Pafior, and if the mofi Part of them did a- gree, they did carry it from the Clergy. Azorius the Jefuit owns this. Amefius cites him +, faying, Negari non poffe ri- tum * No Evid. for dioccf. Churches, &c. p. 53. f Beit, cuerv. Par. 2. p. Pi. Juspopuli divimim. 55 turn ejfe ah apoflolis fervatum y quo miniflros ecckfi Jer. vi. 16'. However, after all, it becomes every Chriftian to fay, with Ignatius, Jefus Chrift is my Antiquity, and we are not^b much to look for Antiquity of Cuftom, fince the ApoftlesDays, as for Antiquity of Inftitution ; and neither the Praftice nor Sayings of the Fathers are to be regarded, if contrary to the Law and Teftimony ; and many Times loe is a witty Child that canknow his Father s Face, after Co many Scratches as have been made upon it by Romifti Monks , for their felfijb Ends. 1 CHAP. IV. Proceed now, in the Fourth Place, to fhew what hath _ been the Sentiment of reformed Churches, and Prote- ftant Divines fince the Reformation. And, 1, To begin with the Belgick Churches in the united Provinces, their Sentiment cannot be better known than from their own Confeflion, where it is faid *, Credimus mi- niftros divini verbi y feniores & diaconos, ad funcliones fuas legi- tima ecchpA eleclicne, cum nominis divini invocatione, eoque ordi- ne quiyerbo Dei docetur, eligi debere, ' We believe Minifters of ' God Word, Elders and Deacons,oughtto be chofen to their Functions by lawful Eleftion of theChurch,with Invocation of the Name of G©d, and in that Order which is taught in the Word of God. ' There Election of Minifters, Elders / and * Art. 31. 58 Jus populi dwinum. and Deacons is given to the Church, and there it is affert- ed, the "Word of God prefcribeth the Order in which they are to be chofen, and thereby it is intimated to us, that it is only the Church's Ele&ion that's the lawful Ele£Hon of fuch Church Officers. The Church is a Word of vari- ous Signification ; but I think the learned and chief Pro- feffor of Divinity in the Univerfity ofGroningen, Marefius y was as capable as many to tell us their Meaning of it here, and in his Exegefis> or Explication of that Confeffi- on, dedicated to their High Mightinefles and Lords of the States General, and to all the reverend, learned, and vi- gilant Paftors, and Re&ors of the Churches in the united Provinces, in Explication of this Article he fays *, * Pre/- € fius debet attendi y &c. Here it ought to be more clbfly € confidered what we are put in Mind of by our Confefli- € on, viz. That lawful Election of Paftors pertaineth to * the Church, for that Affertion is oppofed to the common 1 Sentence of Romanifts y whofe 'Thefts it is, that the Elec- 1 tion of Minifters of the Church doth not belong by di- * vine Right to all the People, nor doth it depend upon c their Confent and Suffrage. ' And after citing Becanus t Virinus and Bellarmine y as having this Thefis or Pofition, pretending that all Right of Eleftion belongs to the Ro- man Pontiff, and having alfo fhewn why Roman'fts move that Controverfy with Proteftants y and fhewn how Cyprian^ and a Synod of Bifhops with him, were for the People's Right, he fays, Et tquum eft ab omnibus eligi qui omnibus pr II* t p » *7» Jus popuHdwinum. $9 % detuning the Principle, That Ordination by Minifters is not effential to a Minister's Call, or, that the bare Ele&i- on of the People is enough to make one a Minifter of the Gofpel. He fays, We grant indeed, ( as we /aid before ) that there is a Liberty of Nomination or Election allowed by the Word of God to all the Members in a Churchy fo as no Minifter may y without the Agreement and Confent of the People, be obtruded upon a Church, whether they will or no ; which Nomination or Election doth not yet confer M'mifierial Power on the Per/on e- le&ed, but only defigneth a P erf on on whom it may be duly deri- ved, according to the inftituted Rules by thofe who have under Chrift received that Power, whereby eccleftafticai Authority is de- rived on this or that Perfon* And what he wrote to them, he tells it was written in the Name, by the Command, at the Appointment of the Wallachian Churches, or Churches of Chrift in Zealand. There it is plain, the Churches of Chrift in Zealand thought, there is a Liberty ofNominati- onorEle&ion allowed, and allowed by the Word of God to all the Members in a Church ; they thought there is Scripture for the Right of a Chrifti^ People to call their own Paftor. And this was no new Doctrine to *hem, for in I 581. the Synod of Middleburg decreed, That theTLtetlion of Minifters Jbould be in the Power of the Churchy and that it foould be by Suffrages publickly in the Temple, 2. As for the Judgment of the once famous and flou- rifhing Church of France, in which, notwithstanding of the Rage and bloody Cruelty of Enemies in the National Aflembly at Roche!, 1 571. where Beza prefided, the Refor- med;could count above 21 50 Churches,and in many of thefe abov* 1 0000 Members, and the moft of thofe had two Minifters, in fome they had Five, as in the Church of Orleans in 1561. which at that Time had 7000 Communi- cants, Three of their five Minifters were Lords *. But for the Sentiments of that Church, as to the Perfons having a Right to call the Office-bearers in Chrift's Houfe, I fee nothing in their Confeffion of Faith from which their Senti- ments can be gathered. But I think it may be learned from their Difcipline, Chap. 1. Canon 6. The Words, when treating * ShUK* Synod, p. 59* 60 Jus populi divinum. treating of the EleSion of Minifters, are, He whofe TLUEki- on jhall be declared unto the Churchy [hall preach publickly the fVord of God on three feveral Sabbaths in the Audience of the whole Congregation , fo that they may know his Manner of teaching. And the faid Auditory Jhall be exprejly charged, that if any one of them do know any Impediment, for which his Ordi- nation, who Jhall be then mentioned by his Name, may not be completed, or why he may not be accepted, that they do then come and give Notice of it unto the ConJiJlory, which Jloall pati- ently hear the Reafons of both Parties, that fo they may proceed to Judgment. iThe People's Silence Jhall be taken for a full Con- fent ; but in cafe Contention Jhall arife, and the aforenamed Elecl be pleajlng to the Conjiftory, but not unto the People, or to the major Part of them, his Reception Jhall be deferred, and the whole Jhall be remitted unto the Colloquy or Provincial Synod y which Jhall take Cognizance both of the Juftification of the afore- named ele& Minijler, and of his Reception, And altho' the faid EleB [hould be then and there juflifed, yet Jhall he not be gi- ven as Pajlor unto that People againjh their Will, nor to the Lif- contentment of the greatefl Part of them. Who are the Cal- lers is not told us here, but be who they will, by this A& the People have a fair Negative over them, for tho* they can make nothing good againft the Perfon elefted, he is not to be given unto them againft their Will, nor to the Difccntent of the greateft or largeft Part of them. But though who are to be the Callers is not fo clear by this Canon, yet it is evident from an AQ: in their fecond Na- tional Synod, that they gave the Nomination or Election to the Confiftory of the vacant Church, two or three Minifters joining with them, as I apprehend, to moderate the Ele&ion. And by the Confiftory, the Seflion confirm- ing of Elders and Deacons, is meant, as is evident from the fecond Canon of the fifth Chapter of their Difcipline. And if I be not miftaken, there is neither Scripture nor Reafon why Elders fhould have a Voice inEle&ions more than Church Deacons ; for the Eleftion of a Minifter is no Aft of Government, as hath been faid above. Indeed this Church after this feems to have been a little in the Dark as. to Duty here, for, in their fourth National Sy- nod, among the Memorials drawn up in that Synod for the Service of the Church, it is faid, Our Brethren the Pa- ftors Jus populi dimnuml 61] fiors of Geneva, jhall be intreated to write us their Judgment about fome principal Points of Church Dijcipline, as about Electi- ons of Church Officers, and the Sentence of Kx communication , and to fend Copies of this their Judgment unto the Church of Lions, which is ordered to difiribute them, that Jo the Deputies may come prepared with well digefied 'Thoughts to the next Na* tional Synod about thoje Articles. But whether the Paftors o£ Geneva were written to, or whether they returned An- fwer, I know not, for there is no Account neither in the next, nor any fubfequent Synod that I fee. 3. The famous Churches of Chrift in Helvetia or Swi~ zerland have been of this Judgment, namely, that 'tis the Right of the Church of Chrift, or of his People, to choofe their own Paftors, as is evident from their Confef- fion of Faith, both ftrft and laft. In their firft Confeffi- on, compofed at Bazil in the Year of our Lord 1 536. when fpeaking of Eleftion to the Fun&ion or Office of the Mi- nistry, 'tis faid *, Qua cum vera Dei el eel io Jit ecclejla Juffra- gio &* manuum Jacerdotis impojitione, retle comprobatur y which f when 'tis God's true EleBion, or that Election which Godrequires^ 'tis appvoven by the Suffrage of the Church, and laying on of the Minifters Hands. And in their fecond Confeffion of Faith, which was agreed to, and fubferibed in 1565. by all the Proteftant Minifters in Helvetia, as Zurich, Bern, Glaris, Ba- fil, Schaffhaufen, Appenzel, St. Gal, Mulhaufen, Geneva, &C. 'tis faid f, Vocentur &P eligantur eleBione ecclefiajlica Or legiti- ma minifiri ecclejia, id eft, &*c. let the Miniflers of the Church be called and chojen by lawful and ecclejlajiical EleBion, that is> let them be chojen religioujly by the Church, or by Juch as are de~ puted by the Church for that EffeB, in the jufi Order, and with - out 'Tumult, Seditions and Contention and thofe that are chojen, let them be ordained by the Elders, with publick Prayers , and Impcjition of Hands. In both thofe Confeffions, Electi- on is given to the Church of Chrift, no Power given to Magistrates, Heritors, Counfellers or Patrons above others* and the Church is not to be taken in a reftri&ed Senfe for the Church Reprefentative, no, but for that Church whereof the Paftors of the Flock are Minifters, as 'tis taken * Ait. 17. {Cap. 18. Far, 8 & $♦ 6z Jus populi dwinunu taken through thole Confeflions. Indeed the fecond Corv» feflion leaves it either to the Church herfelf, or, if fhe plea fed, to fome deputed by her, to eleQ: Minifters of the Gofpel, but thereby the Right of Ele£Hon is original- ly given to the Church, elfe fhe could not depute other* to choofe for her, and thereby fhe hath a Negative ; for fuch as are deputed, muft account unto thofe by whom they are deputed ; there the Power of Ele&ion is given to that Church, which, they fay, may depute, and I appre- hend no Body ever dreamed of the Church Reprefenta- tives deputing the People to choofe for them : There, as Ordination of fuch as are ele&ed, is given to the Seniores or Presbyters, i"o, by both thofe Confeflions, the EleQion of Paftors is given to the Church, without the leaft Hint of giving this unto the Elderfhip, or to any of higher Rank or Station in the Charch, or in the World. This later Confeflion of Helvetia was received by the Church of Scotland, and approven by her in all Things, except as to the Obfervation of fome Holy-days *. And from this Confeflion we may learn the Judgment of many other Proteftant Churches upon this Head, as of the Churches of Chrift in Geneva, in Savoy, in Voland, and in Hungary ; for it was received, approven and fubfenbed by them as well as by the Church of Scotland -j-. And I hope there is none in the Church of Scotland that will fay with the Dean of Edinburgh in the Pulpit of St. Giles Church, nei- ther as to this, nor other Points in Controverfy with high Church, Before Geneva have it, Rome fo all. 4. The Churches of Chrift in Saxony were of this Judgment, as appears from their Confeflion of Faith, drawn up in the Synod of Witt emberg , and fubferibed by all the Paftors of the Churches of Chrift in Saxony in 1551. In the penult Seftion^ ecclefia, or of the Church, when fpeaking of Chrift the Son of God his giving to his Church Minifters of the Gofpel, that fhe might not perifh, calling fome of them immediately by himfelf, as Prophets and A- pofties, and fome of them mediately by Men, 'tisfaid 3 Na?n * Cald. Hift. Pag. 41. f Cald. Hift. p. 42. fo alfo Freface tothr.t Confeflion in the harmony of Confeffioas. Jus populi divinutril 63 Nam & eccUfia eleBionem adprobat, & immenfa bonltate effi- cax efit etiam fonante evangelio per eleftos fuffragiis, aut nomi- ne ecclefi Whofe very Office Chrift never inftituted, and whofe pretended Relation to their Diocefe is not founded on the People's Confent unto it. And E 2 what * P. I80. f ?• 149* 68 Jus populi dimniitn. what he -wrote in that Book v/as not his private Senti- ment only, but alfo the Judgment of his Presbytery, for -what he wrote was reviewed and approven by the "whole of them. There we fee they were clear, that it is the Right of the People to choofe their own Paftors, their undoubted Right and Privilege which no human Law can uiftly deprive them of. They thought they had the Law of God for this, they thought it reafonable their Vot£s and Suffrages fhould be allowed, and a negative Voice the very leaft cquld be granted unto tjhera. The fecond IriJJj Writer, is the Author of th^t little Book, entituled, A modefi Apology occasioned by the Importunity of the Bipopof Derry. The Author defigns himfelf a Minifter of the Gofpel, and fays, he wrote at the Defire of fome Presbyterian DifTenters, whether the reverend Mr. Maccraken, as fome affert, I know not. In the fifth Ex- ception againft joining with the eftablifhed Church, which is, their exprefs requiring the Reordination of their Minifters 9 the Author fays, 4 Our Minifters are elefted and ordain- 4 ed according to the Rules of Scripture, the People eleft- 4 ing, and a Presbytery ordaining. It were good if you 4 v/ere able to fay as much for your felves *. It is a great * Difcouragement, fays he ft to be of your Communion, * that your Minifters enter not their Charge by the E- * le&ion and Call of the People, being their Privilege by c Scripture Pattern to choofe Church Officers, as ABs vi. 4 the which Privilege was allowed and continued for fe- 4 veral Centuries in the primitive Times. Cyprian preflfeth 4 it with great Vigour, and, as we heard from him alrea- * dy, that a Bifhop or Paftor was to be elefted in the Sight 4 of the People, and by the Suffrages of the whole Fra- 4 ternity. It is thought unreafonable, that a Man fhould 4 be conftrained to truft the Health of his Body to a Phy- 4 fician of whom he has no Knowledge, whether he be 4 either skilful or, faithful, when he may have others, of 4 whofe Judgment and Fidelity he approveth ; how much 4 lefs fhould Men be forced to truft the Charge of their * Souls to Men whom they know not, approve not, nor 4 ever * P. la. f ?• 9U Jus populi dwinum. 6$i 1 ever confented unto, or defired to be their Minifters 1 4 Yet they muft take him who is appointed, whether they * will or not, or want, if it were to their Lives End, they * fhall have no Liberty to eleft another. There it is af- ferted, 'tis the Scripture Rule and Scripture Pattern that- People choofe their own Paftors ; and there you fee Dif- fenters in Ireland have reckoned it a Difcouragement to join in Communion with fuch as give not the People their free Choice. And Stilling fleet complained of lbme DiiTentersin England, who made this a Ground of Separa- tion from the eftabli(hed Church, that their Paftors were not chofen by the People. But without infifting further on this, or the Sentiment of other Proteftant Churches, who have owned this is the Right of the Church of Chrift to choofe her own Over- feers; and not only Proteftants, but fome Papifts have J)leaded for this as the People's Privilege. Mr. Gillefpie ays *, * The Popifh French Church hath zealoufly flood * up for their Liberty in this Point, openly oppofing * the Intrufion of Men into ecclefiaftical Charges by the * Pope himfelf. * And he cites a Book written in the Defence of the Liberty of the Galilean Church, in which there are fundry Reafons adduced for this Liberty of Elections. * Cum epifcopus ecclefia fponfus ejl y &c. -Seeing 4 the Bifhop is the Bridegroom of the Church, and there 4 is a fort of fpiritual Marriage made up between him * and the Church, the Church's Confent ought neceffa- * rily to intervene Hereby the People's Eftimation 4 of him will be the greater, and will reverence, ob- 4 ferve and love him the more, than if he were obtru- 4 ded upon them againft their Will, and therefore his * Doftrine will be much more fruitful, and be a great 4 deal more efficacious to Edification. I now proceed to {hew what hath been the Sentiment of e- t minent Vrotefiant Divines [Ince the Reformat ion , as to this Voint. And, to begin with thofe that had their Refidence in the Belgick Churches, here many eminent Profeffors or Divinity and Minifters of the Gofpel might be particular! - E z zed, • * Mifccll. Q«eft. p. 3 U 7 6 Jus populi divinumi zad, all owning, that 'tis the People's Right originally to elefl: their own Parlors, as the Profeffors of Leyden y who fay, Jus pafiores eligendi eft penes ecclcfiam y ac proinde plebi commune cum prtshyteris y j*ts cos ordinandi foli presbyterio eft proprixm y the Right of chocfing Paftors belongs to the Churchy and, therefore common to the People or Contmonalty *. What's the Privilege of the Church, thofe eminent Divines reckoned common to rich and poor among the People. So WaUus ProfefTor at Leyden y de vocatione pajlorum, & in loc, com. p. 474. So„ Voetius ProfefTor at Utrecht , who aflerts, that Br lection of Minifiers belongs of divine Right to the Church ofChr'tft ; and he thinks the People's Inclination is more to be re- garded on this Head, than the Inclination of a Prince, a Peer of the Realm, or chief Perfon in the Placet- So A- MtjiiuVrofeffor at Franeker y viho having put theQueftion, pe- nes quos, &c. or to whom doth the Right and Power of calling Miniftcrs belong, in anfwer, he fays. Jus delegatum, &V. or the delegate Right belongs to that whole Church to whom the Minifier called ought to ferve ; and he adduces fundry Rea- fons for Proof of chis. Again the learned Marefius chief ProfefTor at Groningen, fo the learned Rijfenius Do&or of Divinity, and Paftor at Daventer, and many others that might be particularized here to you. What ProfefTor is he that ever wrote, and hath not owned, that the People have Right from Chrih\ the King of Zion y to choofe their own Paftor ? But then, 2. For Proteftant Divines of Note in the Church of France, here many might be alfo particularized, who have owned this is the People's Right. The noble Morney> Lord de Phjfis £, cites the Centuriators of Magdeburg with Approbation, faying, 'they inform us y that in the Apofiles € Xime y the Apofiles did not affume to them/elves the Power of e- leBing and ordaining Elders and Deacons, but they had the Suf- frage and Confent of the whole Church ; and, after he has ci- ted fundry Divines to prove that Ordination by Presby- ters is valid, or that Impofition of Hands belongs to them, he fays, with fundry other Writers of the reformed Chur- ches, * Tlefcion of Paftors, Pag, 31. f Vol. tech Far. 2, P. ^5, 557* t ¥tijt*$ unbiih p. 67. Jus populi dwinum. 7 * dies, who aver, and prove againft the Papifts and Jefults % that the Tower of EleBion of Minifters by the Word of God 9 be- longs to the whole Church and Congregation. So Daneus ano- ther famous French Divine, and who was employed by the Church of France to write and print againft Bellarmine *, and afterwards came to be a Profeflbr in Leyden, he is clear for the People's Right to ele& their own Paftors ; for he fays f> Plebem non effeab ordinationibus , &*c. that the People are not to be excluded from the Ordinations offuch as are t$ be Jet over them in Church-offices ', the Examples of the antient Church demonfirates, in which, without Doubt, Election by the Voices of the whole Church ^was ufed y as is eafy to bejbewedin A&s vi. Sp xiv. therefore they doperfidioufly deprive the Church of her Right ', who ttrufi a Paftor upon a People without their Knowledge and Confent ; for they do the Church the greatefi Injury, when they fpoil her of her Judgment and Suffrage, who therefore are truly called facrilegious and Church Bobbers ; neither indeed is he a lawful Paftor which is over a Flock agairifi their Will, or with- out their Confent. So the great Chamier, as the French Mini- fters ufed to call him, and was once and again Moderator in their national Synod, and chofen by that Church to go with others to the Synod of Dort. He owns the People's Right to choofe their own Paftors, and fays, Prater eiefti- onem miniftrorum, plebis null as effe partes in eccleftaftico regimine^ cenfemus, except as to the Election of Minifters, we think the Peo-? pie have no Part in eccleftafiical Government, The nqbleMomey cites him, averring ^, and proving in his Panftralia Ca- tholica*+ ag&inft the Papifts, that the Power of EleHion by the Word of God, belongs to the whole Church and Congregation. And as averring the fame he alio cites Anthony Sadeel 4t Lord of Chandieu, a Perfon of eminent Learning, Piety and Pru- dence, who, when only 20 Years of Age, was chofen by the Church of Paris to be their Paftor, and, when only 23. was chofen Moderator of the third national Synod of the Church of France, Paftor to the King of Navar y and,^ after his Death, removed to Geneva^ and never took Wa-* E 4 ges * Quick'; Synod, Pag. 166. f 0n l Ttm * v - 2U * Prifm unbi- fhop, p. 68. ¥ + Tom 2. de vocumpontif. Cap, <5. If ^ e f?°"f* ** re t*" tit * tar* fophifm, Par* i* Lqc* 12, >— '72 Jus populi divinum. £es for his "Work in the Miniftry* Many others might be cited to this Purpofe, as the learned Blondd, fo Lapeltus and Amyrald, who, in their %hefes Salmurienfes s fay, Suffragia & confenfus ecchfa minime negligendus, the Suffrages and Qon^ fent of the Church are no ways to be negle&ed. 5. For Proteftarit Divines in Helvetia or Switzerland \ here many might be alfo adduced, as being clear and full for the People's Right to elefl: their own Piftors, as Uncus Zuinglius that eminent firft Reformer, he began to preach the Gofpel more purely in the Year 1516. being firft Pa*- fior at Glaris, and after* at Zurich, preaching the Gofpel according to the Gofpel ', as Maflrich fays, and that before Ztuther's Name was heard of in thofe Bounds. I fee him ci- ted *, afTerting, that it feemeth there is nothing fo agreeable to the Ordinance of God, and to the old Inftitution, as that, all the Whole Church of the Faithful among a People, together with cer- tain godly and learned B'fhops, and other faithful Men, having Skill in 'Things, fhould' choofe a Pafior let therefore thofe froad B'ffhops andfoolifh Abbott gofbahe their Ear s\ for it is convenient, that the Right of Ele&ion fhould be in the- Tower of the Church of the Faithful, injlrufted by the Counfel of learned Men, There he afferts it is agreeable, and moft agree- able to the Ordinance of God, that all the Church, the whole Church of the Faithful among a People, fhould have a Hand in the Choice of a Paftor. So Bullinger^ who, I think, fucceeded to Zuinglius at Zurich, he fays t> the A- pofiles did not ufe any 'Tyranny in the Churches, nor did they a- lone thofe Things which pertained either to Eleclion or Ordina- tion, other Men in the Church font out ; for the Apofiles and El- ders did create Bifhops and Elders in the Church, by communicat- ing their Counfels with the Churches ; yea, and with the Confent and Approbation of the People. And that great Man Peter Martyr; fometime Paftor in Helvetia, firft called to Zurich % and then to Bafil, he much commends the Piety of a Bi- ihop of Troy es in France, who, about the Year 1561. for- fook Popery, and betook himfelfto feed a Flock of Chri- ftians there, fed quia ei gravis fcrupulus injetfus eft, &V. but becaufs he had a great Scruple of Conference about his Calling, be- caufe * Jac, sAttefl. Pag, 3i. f *>«* Si *• Jus populi divinum. 73 caufe he had not therein the Election or Confirmation of the Church or People, he called the Elders of the reformed Churchy and defired them to confult fpeedily with the Church or People, de- firing them to [peak their Mind freely and openly, telling the*m % that if they did not think frimfit for the Office, he was ready to givePlace,upon which he was acknowledged and received of all with one Confent, as a true Bishop \ and, by his Authority and Piety , and teaching the Word of Godpurely, did much profit the Church of Chrifi *. Again Mufculus Pr ofeflbr at Bern, that eminent Servant of Chrift, he is plain to this Purpofe -\, he fays, Both by the Example and Ordinance of the Apo files in the primi- tive Church, Elders, Pafiors, Bishops and Deacons were, in the tcclefiafiical Meetings, chofen of the People, by lifting up' of Hands ; and he affirms, that the Manner of EleBion whereby Men be- gan to bethrufi upon the People of Chrifi, without their Choice, a- grees to a Church which is not free, but fubjeB to Bondage, and he calls the Form or Manner of Ele&ion by the People's Choice, the antient, the meeteft, the divine, the apoflolical and lawful EleBion, aflerting, that the other fioweth from the cor- rupt State of the Church and Religion. . And here many eminent Divines of Geneva, which is in Switzerland, may be adduced, as that great Man of God, Mr. Calvin, who, in his Infiitution of the Chrifiian Religion, hath much to this Purpofe, There when fpeaking of the Popi/h Manner of fettling Overfeers, he fays +, jam in eligendo totum jus populi fublatum efi, vota, ajfenfus, fubfcriptio- ties, & omnia ejufmodi evanuerunt, Now, in choofing that whole Right of the People is taken away, their Votes, Affents, Sub/crip- tions, and every fuch 'Thing, are vanifoed. And, having fpo- ken of the Ele&ion of Matthias and the Deacons, ABs i, and vi. he fays *, Habemus ergo hanc effe ex verbo Dei legiti- mam mlniflri vocatbnem, &c. Therefore we judge that to be the lawful EleBion of a Minifier according to the Word of God, where they who appear to be meet, are created with the Confent and Approbation of the People ; indeed other Pafiovs ought to moderate the EleBion, left the Multitude Jbould offend through Levity, ill Defign, or Tumult. There, as the Moderation is given to Mi- * Jace Atteft. p. 4 5. f Loc. com. de min. cleft. £ Lib. 4. cap. 5. /*#. 2. * Cap. 3. />#. 15. 74 Jus populi dwinum. Minifters, fo he judged the People have Right by the Word of God to choofe their Paftors ; he judged it a walking dire£Hy contrary to God's Word, . to fettle any Minifter in a Congregation, without or againft the "Will and Approbation of the People. And here alfo the fa- mous Beza, Calvin s Colleague, might be adduced, who gives it as an Evidence of his, and other Minifters ia his Day, their being lawfully called to the Work of the Gof- pel, that they were chofen by their Churches. And, in his Confejjlon of Faith, he fays *, Nunquam receptum eft, &*c* It was never received ( viz,, as a Cufiom ) in Chriftian Churches already conftitute, that any fioould be admitted to an ecclefiafti- cal Office, unlefs freely and lawfully chofen by the Church parti- cularly inter ejled ; and he fays, 'That Patronages , and Corrup- tions of that Sort, they ow their Original unto, or have proceeded from the Devil, though it is not to be called in queftion but there; were fpecious Pretences for them at firft. So the learned Pro- feffor Turretine, and fundry others. As the Palatinate Catechifm was adopted by the Church of Scotland, fo many eminent Divines in that Church might be cited here, zsZanchy Profeflbr of HeideIberg,\vho affirms f, Eligere paftores fine plebis confenfu, &c. 'To eleB Paftors^ without the People's Confent, i. It is not apofiolical, neither lawful, and hereby fuch a Minifier is not a lawful Minifier. 2. It is repugnant to the Liberty of the Church, and hereby that which Chriji hath given here, is taken away, and how great a Crime is this ? 3. This is not to the Inter eft of the Paftor, for he can never execute his Office with a good Confcience> nei- ther s this for the hiterefi of the Church, wfpich will not wil- lingly hear nor love him who is thru ft in upon her without her Corfent. So alfo the reverend Junius Tremellius, his Col- league at Heidelberg, whom Rutherford calls that great Divine y and Qalderwood gives him the Epithet oimagnus & eruditus y 1 fee him cited, as clearly and fully of this Mind, that the People themfelves have Right from Chrift to choofe their own Paftors \ y Simplic/JJimam quidem probajiJJtmamque % &c. It is evident, the Way of c hoofing and calling Minifier s w s mofi * Cap. 5. inter Tiaft. thcol. t In quart. Prscep, Col, 783. £ J ac * Atteft. Jus populi dwinum. 75 tnoft plain, and moft approved by the Teftimony of holy Scripture, which the Apo files obferved in the Churches of old, and the ancient Church, imitating them, obferved, the whole Church choofed, that is, the Body, conftfting of Elders and 'People, or common Sort, by equal and common Sifffrages. 'This is the jufl Manner of choof- ing Paftors. And he thought it not enough, that they "were called to be prefent at Eleftions, if they did not alfo ele& their Paftors. And he anfwers theObje&ions anent the Ignorance and Unrulinefs of the People. Many others might be cited here, as Partus chief Profeffor at Heidel- lerg. So the renowned Centuriators, or Century Writers at Magdeburg, who- affert the Apoftles did not ajfume the Power of electing Paftors to them/elves, but had the Suffrage and Confent cf the whole Church tofuch as they did ordain ; affirming that this was alfo the Prafiice of the Church in the Second and Third Centuries. But now, 4. For the Sentiments of Proteftant Di- vines in Saxony, and fome other Lutheran Churches many might be adduced to this Purpofe, as Luther himfelf, who •was Profeffor of Divinity in Wittemberg in Saxony *, The chief Right of calling Minifters belongs to the People, over whom none is to.be fet without their Suffrage, So the famous Gerard at Jena in Saxony, Paftors are to be called with the Confent of the Church, neither is any to be obtruded upon the Church again ft her Will ; and he fays, This is proved by exprefs Scripture Tefti- mony, and the conftant Praclice of the primitive Church, and it 97ourijbeth mutual Concord between Paflors and Hearers, when Minifters are called with the Confent, and by the Suffrages of the Church over which they are fet, and removes the Dif cords which follow upon Neglect hereof]. So alfo that famous Erunf- wick Divine Chemnitius ±, Exempla apoftolica hiftorit dare 0- ftendunt, &>c. Examples in apoftolical Hiftory clearly Jhew, that EleBion or Vocation did belong to the whole Church ; and adds he, This is the Judgment and Way of the apoftolkk, primitive, and ancient Church, concerning the lawful Eleclion and Calling of Minifters, which Judgment and Way hath Place in thofe Churches, which are con ft it uted according to God's Word, and he fays, * De minift. cccl. inftit. p. 365, f Tom. 6. p. 105. $ Exam. Concil. p f 22 <5. j6 Jus popali dmnum. fays, In our Churches it is fo, meaning the Lutheran Chur- ches. And many other eminent Lutheran Divines might be adduced to this Purpofe, as the learned Brentlus y fo Matthias Flaccus lllyricus y who wrote a particular Tractate on this Subject, entituled, Quod ele&io epifcoporum> non ad ecclefiafiicos fotum, fed &* ad laicosy ut vocant, pertineU And the learned Voetlus fays, he does the befi on this SubjeBthat ever he faw. Having none of the Bohemian Divines to confult oh this flead, \ proceed, in the Fifth Place, to fhew what hath been the Sentiment of Divines in England. And for the eftablifhed Church, fun- dry of them have owned this is the People's Right, as Dr. Field , who fays*, * That every People and Church c ftand free, by the Law of God, to admit, maintain and € obey no Man as their Paftor, without their Liking, and « that the People's Election by themfelves, or their Ru- * lers, dependeth on the firft Principles of human Fellow- * fhip and Aflemblies, for which Caufe, tho' Bifhops, by * God's Law, have Power to examine and ordain, before * any Man be placed to take Care of Souls, yet have they € no Power to impofe a Pallor upon any Church againft . f their Wills.' So alfo the induftrious and learned Dr. Wdlet, as fome defign him, who proves at large, that this is the Right of the Church of Chrift f- The Bifhop of Landaff and Davenant, then publick Pro- feffor of Theology in the Univerfity of Cambridge^ the fame, 1 fuppofe, that afterwards was made a Bilhop, and all the Britijb Members at the Synod of Dort, they figned the Bel- pick Confeffion of Faith^ in which the Election of Pallors, Eiders and Deacons* is given to the Church, as was noti- ced above. Mr. Laivder + cites Dr. Pear/on Bifhop of Che- fier y faying, in his AnnaL Cypr. p. 29. when fpeaking of the Creation of a Bifhop, 4 Tho' Cyprian attributes Tefti- * mony to the Clergy, and ele&ive Voice to the People, ' the Cardinal, on the contrary, gives ele&ive Voice to * the Clergy, and only Teftimony to the People, by which * Means * On the Church, lib. 5. cap. 54. f Sjnop* ftvifli *6o. ^ Anci- ent Bifoopi Conf. p. 353. Jus pQpuli divinum. 77 * Means he deftroys the People's ele&ive \ oice, which 4 Cyprian every where aflerts. ' And there alfo he cites Dr. Barrow {peaking much to. the fame Purpofe. But now, for Presbyterians in England, here many might be inftanced, as the eminently learned Cariwright, -who, as was faid above, declares it is the People's Right to choofe their own Paflors, calling this a Right or Privilege which is purchafed with the Blood of Chrift, ancf a Right which the Lord's People cannot alienate^ give away, nor difpofe of, more than of their Part of the Kingdom of Heaven. So again the reverend Matters Merjbal, Calamy f Young , Newcomen and Spurjlow r Authors of SmeBymnuus, in that Book, when fhewing the Difference between the ancient Bilhops and diocefan Bilhops, * The ancient Bifhops, fay they, who •were only parochial Paftors, they differed from ours in this, that all their Elections were ordered by the Privity* c Confent and Approbation of the People where the Bi- * fhbps were to ferve ; and, were there no others to mak$ * this good, Cyprian alone would do it. * And having ci- ted Cyprian aliening, * That the People fpecially have * Power of choofing worthy Priefts, or rejetling the un- * worthy, for this is derived from divine Authority, that * the Priefts fhould be chofen in the Prefence of the * People, before all their Eyes, and approven as fit and € worthy, by their publiek Vote, * And this, lay they, he proves by the Testimony of J acred Writ, both old and new. As they were eminent London Minifters, fo they were all Members, and confiderable Members of the Wefiminfler Af- fembly, So the learned Mr, Oliver Bowles, another Mem- ber of that AfTembly, whofe Judgment hath been declared already. So the reverend and learned Mr, Samuel Hudfon* in his EJfence and Unity of the catholick Church, he aflerts *> * That the Ele&ion of a Minifter to a particular Congre- * gation, is an Aft of Liberty in the People, tho* his Mif~ * (ion is from Chrift' primarily, and mjnifterially by the ' Presbytery. ' And, in his Vindication of that Book, or of the EffenCeand Unity of th^ catholick Church, which was dedicated to the Wefiminfier AfTembly, he afferts the fame w P. 45- 78 Jus populi dwimifiU *n terminis *, and affirms, * That it is the Election and € Call of the People, which exerts, or calls forth the Ex- * ercife of a Minifter's Office among a People in partial- 4 lar tr ' S° the judicious Manton, who fays £, ' The * outward Call belongs to the Church, but it is to be * done in Order, Election by the People, Examination of * Life and Doctrine, with authoritative Miflion by the * Presbytery, Confirmation by the Magiftrates, ABs vi. 3. 4 and xiii. 2, 5. and xiv. 23. and the Chriftian Magiftrate * hath his Share, to fee that all Things are done orderly.-* So the reverend Mr.Flavel, whom Jennings calls The good and great Mr. Flavel, in his Antipharmacum faluberrimum ; fo Mr. Thomas Hall, in his Pulpit guarded, with many others I might cite ; fo here Bucer and Pet. Martyr, Profeflors of Di- vinity fometime in England, being called by King Edward VI. the firft to Cambridge, and the'other to Oxford, fo Ame~ fus born in England. So the learned Whittaker, befides all thofe of the congregational Way, many of which have been eminent for Fiery and. Learning, as the reverend Dr. Owen, and others. I do not affirm, all thefe eminent Divines that have been mentioned did think it convenient to give an equal decifive Suffrage to the whole Church, yet 1 think they were all of this Judgment, that it is the People's Right originally. They thought this is a Privilege Chrift hath given to his People, a Church Privilege belonging as much to the poor as to the rich, tho' ad evitandam con- fufionem, or for eviting Confufion, fome of them thought the People might depute or authorize fome to vote for them, and they were allpofitive for the People's Confent, asneceflaryto fix the paftoral Relation. They were po- fuive in this, that it is fpiritual Robbery and Tyranny to thruft any Paftor upon a People invito grege, or againft their Will ; they were all far from thinking People have nothing to do with the Eleftion of their Paitor, unlefs they havefomewhat to object againft the Candidate's Life or Doftrine ; they never dreamed Chrift hath given more Right in the Affair to the rich than to the poor, to He- ritors, * P. 2*7. f *• nS, J7*» ' # On Utb. li. t. p. 339. Jus populi divinum. 79 ritors, Magnates, or Town Council in Burghs, than to People of an inferior Rank, nor do they ever make Di- iftin&ion between bond and free, as to this or any fpjritual Privilege. The leaft they allow'd them was a Negative ; for, according to them and all Proteftant Divines, none are to be fettled without the Cbnfent and Approbation of the People, be the Nominators or EleSors who will. And as Proteftant Divines give the Power of Calling to the Church, fo they make the Call to confift of Hle&ion and Odination, giving the firft of thofe, namely Election, un- to Church Members, or to the People, as they give Ordi- nation to Office-bearers in the Church of Chrilt. &®®&®®&®®®&®®®®&^®&& CHAP. V, I Come now to the fifth general Head, namely, to few what hath been the Judgment of the Church of Scotland, the Sentiment of fome of her beji Writers, and alfo of the State informer 'times. . Tho' the Gofpel was very early received in Scotland, if not in the firft, yet in the fecond Century, Joannes Ma- jor^ Joannes Fordon, HeBor Boethius, David Blonde!, and o- thers fay, Mr. Vryn records, that the Scots received theChri- [tian Faith in 179*. which was publickly profelTed in the Beginning of the Third, rn the Days of Donald I. who in or about the Year of our Lord 205. embraced the Chrifti- an Faith ; yet, as the Church was ruled by Pfesbyters, having no DiocefanBifhops, fo the People had the Choice of their Paftors after that for a long Time. HeBor Boethius, that learned Principal of the College of Aberdeen, fayst>Pal" ladius erat -primus omnium qui facrum inter Scotos egere ma- g'ftratum, &c. Pa Had i us was the fir (I of all that exercifed the Office of a Jacred Magistrate, that is, of a Diocefan Bifhop, among the Scots, being created a Bijhop by the Pope, when for- merly they, viz, Bifioops, were chofen out of the Monks by the Suffrages of the People. This was in the fifth Century, at which Time we had firft to do with Rome. BaUus, when treating Pryn's unbifhop. of Tim. and lit. p. pi. t Li ^' 7- cap. 128, 8p Jus populi divinum. treating of the Britifb Writers, fpeaks to the fame Pur- .pofe, Ante Palladium Scoti habebant fuos epifcopos ac miniftros, &c. Before Palladius, the Scots had their own Bifiops *nd Mi- yifterlfor the Miniftry of God's Word, who were chofen by the Suffrages of the People, after the Manner of the Allan Churches ; bat this was not pleajing to the Romans, who were Haters of the Afians. And tho* Palladius was fent from Rome, and came undefired, yet the People enjoyed the Liberty of choofing their own Paftors many Years after this. Sir James Balrymple, that learned Antiquary *, when fpeaking of Eadmer, who was the Fifteenth Bifhop of St. Andrews, and lived in the Twelfth Century, fays, "The third Day after he came to Scotland, on the Feaft of the Apo files Peter and Paul, fufcepit eligente eum clero & populo terrae, & conceden- te rege pontificatum Sanfti Andrea, apoftoli Chenrimuntenfis. € By this we may learn, adds he, what was the Scotifli Form f of Election, viz* by the Clergy and People, with the * Allowance of the Prince, as we fe« it was the Praftice in * Ireland. 9 And again he fays, * It appeareth by what * is obferved from an old Commentary of the Culdees, € that there was no Ordination of a Bifhop, without € the Concurrence of the Laicks of the Place And * it is like alfo, adds he, the Laicks had the fame Share in c the Settlement of the Culdees who were their Paftors. * But to come nearer our own Times, Buchanan tells us t> « That when Sir James Sandilands was fent to the Queen * Regent from the Congregation in 1558. in the Name of € all who flood for the Reformation in Scotland, as he re- * quefted all publick Prayers, and the Administration of € Sacraments fhould be celebrated in their Mother Tongue, * fo he requefted, that the Ele&jbn of Minifters^ accor- * ding to the ancient Cuftom of the Church, fhould be * made by the People. ' In that Petition he aflerted, That it had been the ancient Cuftom of the Church for the People to choofe their own Paftors, and he declared, it was the unanimous Defire of all that ftood for the Re- formation in Scotland, that it fhould be fo ftill. The No- bility and Gentry at the Reformation, were far from plea- ding this as their peculiar Right above others. But * Oil. p* in, ill. t X-ib. !*• l»ft» jfus poputi dwinunn 8 i But further, the Judgment of the Church of Scotland may be feen by her Books of Difcipline; her firft Book wis drawn up at the Defire of the Great Council of Scotland, by Mr. John Knox, &c. In the fourth Head of that Book* which treats of Minifters and their lawful Election, it is affirmed* * That it appertaineth to the People and td e- * very feverai Congregation, to eleft their Minister— *™ * for altogether this is to be avoided, that any Man bg * violently intruded, or thruft in upon any Congregation 5 * but this Liberty mult with all due Care be referved td * every feverai Church to have their Votes and Suffrages * in Ele&ion of their Minifter. * And this Conftitutioii was after the noble Example of the apoftolical Churche^ which, as fays the Vindication of the Commijfion's Overtures j our firft Reformers thought it their Glory to copy afters And if any continue to fay, that this of the People's Right to eled their own Paftors is unfcfiptural, or coft- trary to Presbyterian Principles, then I would anfwerj with the forefaid Vindication, * That it is extremely * hard People fhould be fo unacquainted with our Cdnfti- * tution, and fo injurious to the Memory of our glorious * Reformers, as to exclaim againft a Thing as unicriptil- c ral, and contrary to Presbyterian Principles, which they 4 havefo foiemnly affirmed in the Book of Difcipline. ' For they, viz* Mr. Knox, and fuch as framed that Book of Dif- cipline, were fully of the Judgment, that the Pedple have a Right by God's Word to a Vote and Suffrage in the. Choice of their Paftors. If you confider the Words of their Addrefs to the Council when they gave in thaf Book, in which they fay, Moft humbly requeuing your Ho- nours, that as ye look for Participation with Jcfus Chrift, thai neither ye admit of any 'Thing which God's plain Word pall not approve, neither yet that ye Jhall rejeft fuch Ordinances as\ Jufiice, Equity, and God's Word do fpecifie \ for, as we will not bind your Wtfdoms to our Judgments further than we are Able to prove by God's plain Scripture* Thofe Expressi- ons, with others they adduce to the fame Piirpofe, fhew clearly they looked upon the Difcipline laid down in that Book ro be founded upon God's Word. And in the feccnd Bock of Difcipline, when (hewing, how fuch as bear ecclefi- aftical Functions are to be admitted to their Office* it ii U hid ** 82 Jus populi divinunu faid *, This, ordinary and outward Calling hath two Parts, Eleclion and Ordination, Eleclion is the chocfing out of a Perfon or Perfon s mofi able to the Office , which vaicks by the Judgment of the Elder foip, and Confent of the Congregation, to which pall be the Perfon or Perfons appointed — In the Order of Eleclion it is to be ef chewed, that any Perfon be intrufed into any Offices of the Kirk contrary to the Will of the Congregation to which they art . appointed, or without the Voice of the Elderfnip. And in the xii Chapter of that Book, which contains certain fpecial Heads of Reformation, craved by the Church of Scotland, at that Time \, it is faid, 'The Liberty of Perfons called to ec cleft aflical FunBions, and obferved without Interruption, fo long as the Kirk was not corrupted by Antichrifi, we defire to be reflored and retained within this Realm. So that none be in- trufed upon any Congregation , either by the Prince, or any in- ferior Perfon, without lawful Eleclion, and the Affent of the Peo- ple over whom the Perfon is placed, as the Praclice of the apo- fiolical and primitive Kirk, and eood Order craves. And be" caufe this Order which God's Word craves, cannot fiand with Patronages and Prefentation to Benefices ufed in the Pope's Kirk % we defire all them that truly fear God, earnefily to cenfider, that . forafmuch as the Names of Patronages and Benefices , together with the Effecl thereof, have flowed from the Pope, and Corrup- tion of the Canon Law only, in fo far as thereby any Perfon was intrufed or placed over Kirks having curam animarura : And forasmuch as that Manner of Proceeding hath no Ground in the Word of God, but is contrary to the fame, and to the faid Li- berty of Eleclion, they ought not now to have Place in this Light of Reformation, and therefore, whofoever will embrace God's Wordy and dpfire the Kingdom of his Son Jefits Chrift to be advanced^ they will alfo embrace and receive that Policy and Order, which the Word of God and upright Eftate of his Kirk craves, otherwife it is in vain that they have prof eft the fame. Now, whatever is meant here by the Judgment and Voice of the Elder- fhip, it is evident from that Book, the Church of Scotland then thought the Woid of God, apoftolical Pra&ice of the primitive Kirk, and good Order, craved no Man fhould be intruded upon any Congregation, neither by Prince Cfcap. i< par, 3--6. t ?**• «• l2 > l *> I Jus popuii divinUtin 8 } Prince nor Presbytery, neither by great nor fmall, witfir out lawful Eleftion, and the Confent of the People ovet •whom the Minifter was to be placed; 'tis clear to a De- monftration, they thought there is Scripture for the Ped- le's Intereft in the Amur, and they judged it a walking ire&ly contrary to Scripture, and a Sin againft the Word of God, tho* in the higheft Lord, Marquis, Duke, Of Prince, to intrude a Minifter upon a Congregation* without lawful free Ele£tion> and the Affent of thu People. The Sentiments of the Church of Scotland on this Ffead> arealfo manifeft from her A&s of Affembly. In the fifrft General Affembly of the reformed Church of Scotland, held at Edinburgh^ December 20. I 5$o. about four Months after the Pope's Alithoiity was abolifhed by Parliament, it was enafled by that Affembly the 27 of that Month, 'That th& iZleclion of Minifter s fiould be in the publick Church by the Veo~ pie *. And in- the fourth General Affembly, which met upon the 25 of December 1562. ( then, and for 22 Years after the Reformation, there Were General Affemblies twice in the Year, and fometimes oftner ) in that foiirth Affembly it was ena£ted, That the Prffentation of Minifter i fhould be in the People |. And according to the fourth Head of the firft Book of Difcipline, concerning the lawful E-» le&ion of Minifters, that Affembly ordained, That Inhibi- tion Jhould be made to all and fundvy Perfons then ferving In the Miniftry, who had not entred into their Charges by the Or- der appointed in that Book, ( zohich requires the Votes and Sufi f rages of the People ) Weh inhibited till further TriaL And irt the 1638. when Presbytery was reftored, that General Affembly which fat at Glafgow, enafted $, That no Perfon be intruded into any Office of this Kirk, contrary to the Will of the Congregation to which they are appointed. No Settlement was to be made, unlefs the Congregation or Pebple was heartily willing and cordial for the Peribn to be ordain'd to labour among them, and watch for their Souls. And the Pra&ice of the Church of Scotland, in thofe Times, F 2 was * Account of lay Patron, U Sctes of 1 Parliament were prefled to give a Reafon of their dif- * fenting from his Majefty's Nomination, but they refufed • € and I am fure, fays he, confenting or not confenting in * a Matter ecclefiaftical, ought to be as free, if not more € free, than in a Matter civil. But here perhaps fome may except, denying the People could have a Negative over the Seffion, in regard the Presbytery might proceed to Ordination upon the Seflion's Choice, if they found the People's Exceptions to be grounded upon cauflefs Prejudices againft the Perfon cho- fen. Now, for Anfwer, I fay, by cauflefs Prejudices, the Prejudices of a People againft a Perfon for being too ftanch a Presbyterian, one that in preaching nettles the Confcience, a Perfon of greater Tendernefs in his Walk, and of more Zeal for God than they could wifh, his be- ing of meaner Parentage, or one whofe Father or Mother / was not fo good a Chriftian, or his having been educate in Principles not fo found, tho* feeing their Evil he had fincerely renounced them ; their being prejudiced at fome feeming or little Indecencies of Voice or Gefture, as the lifting of the Eyes in Prayer or Preaching, which the Mi- nifter cannot help ; their being prejudiced at his being a little deformed in Body, or of a leuer Stature, as it was with fome in the Church of Corinth, who faid of the great Apoftle of the Gentiles, his bodily Prefence is weak, and his Speech contemptible *, thofe, and the like, are cauflefs Prejudices ; but the People's not being edified by a Man's Gift, or their having a greater Love to, and Defire after another whom they judge fitter to take the Overfight of their Souls, can never be called a cauflefs Prejudice. And finely the Aliens bly 1649. never meant, unlefs the major F 5 Part * 2 Cor, x» io # %6 Jus populi divinunu Part of the Congregation could give relevant Exceptions againit the Man's Life or Doctrine, the Presbytery might go on in the Settlement, no furely ; for if only the lefler Part of the Congregation adduced fuch relevant Excep- tions, then the Presbytery was not to proceed, as is evi- dent from the Words of the fourth Se&ion of that Direc- tory. And it is as clear as Two and Three make Five, th3t the Afiembly intends fome other fort of ObjeStions fhould be adduced by the lefler Part to flop the Settle- ment, than was required in the greater, otherwife they neither knew what they faid, nor whereof they affirmed. And the fourth Sefiion of that Directory fhould be crambe %ecoBa, the fame in all RefpeSs with what the Aflembly had faid in the third Seftion. Can any dream, the Af- fembly 1649. gave no more to the People than was given under Patronages, which had been abolifhed by the Par- liament the March before, as unlawful and unwarrantable by God's Word, and contrary to the Do&rine and Li- berties o* 7 the Kirk of Scotland ? And in the Time of that much to be lamented Difference between fuch as were Called Protefiers and the publick Refolutioners, I find both Parties pleading for, or aflerting this is the People's Rjight. The publick Refolutioners, in their Review and Examina- tion of that Pamphlet, which was entituled, Protefiers no Subverters, and Presbytery no Papacy, printed 1659. as they accufe the bppofue Party of mifregarding the Inclinations of the People in fome of their Settlements, fo they afTert, Ifhat it is the Right of Church Members to chopfe their own Paftors *, For, fay they, when fpeaking of fuch as had been concerned in the Engagement, Now if thofe Men be ecclefiaftice purged from their Scandals, and admitted to communicate in Ordinances, common Senfe will diftate that they cannot be denied the Privilege of Church Members, in ma- king Choice of thofe who are to difpenfe thofe Ordinances unto them. And they affert, J'hat the giving of the Call belongeth to the Plurality of the Elderfbip and Congregation. And they call the intruding of a Minitter upon a People, an Ufurpa- ti. n, a wronging of the Liberty of the People, and an intole- rable * P, 15, 24, 25,3 2. Jus populi divinum. 8 7 rable Slavery. And they juftify fuch as faid, they could not in Conference fubmit to fuch Intruders. Now, tho* I have not feen the Anfwer of the Protefters to this Review, yet I doubt not they owned all in 'Thefi that's faid by the Refo- lutioners on this Head. And in their Teftimony to the Doc- trine , vVorJbip, Difcipline % and Government of the Kirk of Scot- land, printed in itfdo. they do, as Miniflers of the Go/pel, tefiify their Dijlike of the ConduB of the civil Powers that then- hare Rule over the Nation, for putting the Difpofal of vacant Stipends into the Hands of a civil Judicatory, without whofe intervening Approbation and Warrant, none c'ari be admitted to any fuch vacant Stipend, fay they, notwithflanding of their being called by the Congregation, and approven and admitted by the Presbytery *. Now, from that Expreffion we may ga- ther, they judged it was the Right of Chriftian Congre- gations to choofe or call their own Paftors, as it is the Right of the Presbytery to examine and ordain. This was fubferibed by Mr. Rutherford, Mr. James Guthrie, and other Fifteen protefting Minifters in the Province of Fife and Perth. In September 171S. the Synod of Fife having exprefly dis- charged the Presbytery ol Kirkcaldy to plant the Parifti of Balingrie, without the Confent of the greater and better Part of that Congregation, their Sentence was afterwards approven, and ratified by the Commiffion of the Affembiy, when that Affair came before them, and the Commiffion was approven in their Conduct by the next general Affembiy. The Sentiment of the Church of Scotland may alfo be known, from the Procedure of the Affembiy in 1725 and 1726. in the Affair of Aberdeen. In 1725. there being a Competition of Calls to that Place, it was afferted, that the Call to Mr. C <-. had not only the Majority of Magiftrates, Town- council and Elders, which I think was yielded, but alfo a Majority of Heads of Families, yet, becaufe this laff was controverted, the other Party, - that "was for Mr. *s Call, affirming that there was a vaft Majority of the People upon their Side, the Affembiy appointed a new Moderation, in which they expreflv or- F 4 deied* * Page 3 j. S8 )Jus populi dhinum. dered, that the Inclinations of the People of Aberdeen fhculd be confulted, and no Settlement to be made, with- out tne exprefs Confent of the People of that Place. And Commiffion of Affembly, to v, hem that Affair was re- ferred \ot final Determination, in cafe it mould come be- fore them, having ordered that Settlement, they weie /proven by the A (Terribly for their Conduct in that ~..r, and, as en other Grounds, fo particularly becaufe the Majority of the People were on the oppofite Side. It is true that A(Temb]y confirmed the Settlement, but whe- ther in a Centiltency with themfelves, or not, I now leave to ethers to -judge. The Sentiments of the Church in former Times may alfo be learned from the ;, , 01 liretching out of the People's Hand, which tifed to be re- :m mediately before the Ordination, and this to te- fy their Adherence to their former Choice and Confent, hngnefs to have fuch a Perfon for their Minister. The abovenamed Government and Order of the Church of Scot- a *, fays, l Sermon being ended, liz. on the Day a- i -reed w: a for Ordination, the Party ( or Perfon to be ei ) is called upon, and demanded concerning s Villingnefs and Defire to ferve the Lord Jtfm^ for 4 the Good of that People, with other Queftions of that * Kind ; and the People alio are demanded whether they 1 v ill receive him for their Paftor, and fubmit themfelves ' to his Miniftry in the Lord : And both having declared 1 their Reacinefs and mutual Confent, the Mimfter com- € eth from the Pulpit, cT;. ' And this Method is agreeable to the Form of Presb;, rerial Church-government, and Or- .ation of Minifters, agreed unto by the AlTembly of Di- v:r. \>\ and which was approven by the Church of ScJland, I 6b; ;. : I proceed new, in the Second Place, to fhew what hath been the Sentiment of fome of our choicer! Divines, and be*ft Writers upon this Pointy fince the Reformation. /fend here I begin with the famous Mr.fa, v. hom fome T'.e A^cr.h cf the Scots, whofe Teftimony, faid Mr. Park, I yobu 1&P4 * ifauj/md others. We have his Sen- timent Sal. Jus populi dwinum. 89 timent in the firft Book of Difcipline, in drawing up of which he had a principal Hand. In that Book the Vote and Suffrage in choofing Paftors is given to the People of every feveral Congregation. And Mr. Knox was zealous for that Book; for, when Lethington oppofed the Ratifi- cation thereof, and faid, Many had fubfcribed it in fide pa- rentuni, as the Bairns are baptized^ Mr. Knox anfwered, Ye think that proper Stuffy but it is as true as improper , that Bock was read in publick Audience, and the Heads thereof rea/oned upon divers Days> as all that fit here know very well, and yoitr felf cannot deny. And when one faid to him, Stand content j the Ratification of the Book will not be obtained, he replied, Let God require the 'Detriment ', which this Kirk and Common- wealth Jball find, by the Want of the 'Things therein pvefcribed t from the Hands of fuch as flop the fame. And the Compilers of that Book, who gave it in with Unity of Mind to the fecret Council, as I noticed before, they told the Council, they did not defire to bind them to their Judgments, fur- ther than they were able to prove by God's plain Scrip- ture, And as this was his Judgment, fo alfo of thofe Men, who, with him, framed the faid Book of Discipline, and alfo the Doftrine contained in our firft Confeflion of Faith, the faid Perfons, namely, Mr. John Winr am, Mr. JohnSpo- tifwoody Mr. John Willoch, Mr. John Row, and Mr. John Douglas. The firft Three were chofen for Superintendents of Lothian , Fife and Glafgow. Again, the renowned Calder- woody he makes it the Right of Church-members to eleft their own Paftors, alTerting it is the Right of the poor, aa well as of the rich, the Right of People in lower as well as in higher Station in the World. He fays, 4 If People are to be excluded from the Liberty of Eiefti- < on, becaufe they are country Fellows, Plowmen and 1 Servants, they may alfo be excluded from the Church it * felf on that Account *. ' So that eminently learned, An- gularly pious, and faithful Servant of Chrift, Profeffor Rutherford, in fundry Places of his Writings, and particu- larly in his Due Right of Presbytery f, where he puts the Queftion, Whether the Election of the People be ejfential to the Callings ? Alt. Dam. p. 5j>2. f P. 201. 9o Jus populi dwinum. Calling of a Minifter. And then, in Anfwer, he fays. Of E- leBion we are to •confaer, i. 'To whom it belongs. 2. The Force and Influence thereof to make a Church-officer , but let thefe Con- siderations be firfi pondred. * Firfi Confederation. Ele£Hon is either made by a People, * gracious and able to difcern, or by a People rude and * ignorant, the former is valid jure & fafto, the latter is * not fo. Second Consideration. Eleftion is either compara- * tive or abfolute ; when the Eleftion is comparative, tho* * People have nothing poffibly pofitively to fay againft c the Perfon, yet, tho' they rejeft him, and choofe one * fitter, the Eleftion is reafonable. Third Confederation. 1 People's Eleftion is not of a Perfon to the Miniftry, as 4 of a Wife's Choice of a Man to be a Husband, but of a * Minifter; Eleftion doth not make a Minifter. Fourth € Confederation. Eleftion is either to be look'd to quoad jus 9 1 or quoad faftum. A People not yet called externally * cannot eleft their own Minifter, a Synod, or others, of * Charity, as reverend Junius faith, may choofe for them, c tho', de fa&Oj and in refpeft of their Cafe, they cannot 4 choofe their own Paftor. * And then, having laid down thefe Confiderations t© be pondred, he comes to {hew to whom the Right of Eleftion belongeth, and afferts it, in the plaineft Terms, That the People have God's Right to choofe^ for fo the Word prefer ibeth y citing, on the Margin, ABs xv. 22. r Cor. xvi. 3. and viii. 19. A&i vi. 6. and xiv. 23. And fo the judicious and excellent Mr. Durham y though I find him not handling this Point defignedly, yet, that he jud- ged the People have Right to eleft their own Paftors, is evident from what hath been faid above, and from many Place* of his Commentary on the Revelation *. And that eminent Servant of Chnft, Mr. George Gillefpie t> who fays, * The Right of Eleftion pertaineth to the whole Church, i which, as it is maintained by foreign Divines, who write of the Controverfies with the Papifts, and, as it was the Order which this Church prefcribed in the Books of Dif- 4 cipline, fo it is commended unto us by the Example of , < the * Page S3, SZ> 60, xo$, 20 $• FoU Edit, printed 165s* t r °P* ceiem. p. 280. Jus populi dwinum. 91 * the Apoftles, and of the Churches planted by them. ' So the learned and judicious Mr. Wood, whom Mr. Wood- row charafterizeth for a Perfon of eminent Learning, Pie* ty and Solidity, when arguing againft Lcckier, who had af- ferted, "That the whole Church ould be joyntly authoritative a* lout Cenfures, Ordinations, Elections, &c after denying the firft Two, and fhewing their Unreafonabienefs, he fays *, As to his third Infhance, concerning EleBion of Officers, we grant that Ele&ion of Officers is to be done by the People. He never contradifls this in the leait, no, he frankly owns' it, only he fays, EleBion is no Ordination, nor is it any authoritative Aft of Government. So the reverend and learned Mr. Park |, who fays, * Patronages do evidently take away the Ordi- * nance of a free and unlimited Ele&ion of fuch as may * be fitteft for fuch a Charge, and moft acceptable to the * Congregation concerned, to be made by the Church * Judicatories, and Church of Believers refpectively, each ' of them afting what is proper for their feveral Places 4 and Stations, as being the only Party intruded with it * by Jefus Chrift, the fole King and Lawgiver in his own ■ Church. ' So the reverend and foiid Principal ##/. 1649. in their Act abohjbing Patronages, as they refcind all Aa>in favours of them, fo they do it, confidering than Patronages and plantations of Kirk*, is an Evil and Bon- * Wctir, Hift. Voi, IL p. 651. Append, p. Hi. Jus populi divinuml 95 Bondage, under which the Lord's People and Minifters of this Land have long groned, and becaufe they have no War- rant in God's "Word, but are founded only on the common Law f andisaCuftom Popifh, and brought into the Kirk in Time of Ignorance and Superftition, and becaufe they are prejudicial to the Liberty of the People, and planting of Kirks, and unto the free calling and Entry of Minifters unto their Charge ; and they declare they are now defirous, that every Thing in the Houfe of God may be ordered according to his Word and Command- ment ; and they refcind all Afls in favours of Patronages, as being unlawful and unwarrantable by God's Word, and contrary to .the Doctrine and Liberty of this Kirk. And notwithstanding of any Prefentation that might be offered after that Aft, they declare it lawful for Minifters to pro- ceed to the planting of Kirks upon the Suit and Calling, x>r with the Confent of the Congregation, on whom, fay they, none is to be obtruded againft their Will. Now, from that Aft it is clear, that as the Eftates efteemed Pa- tronages to be unlawful and unwarrantable by God's Word, fo they thought God's Word is to be the Rule as to Per- fons having Right to call, and they thought the People have Liberty to call, for they refcind Patronages, as be* ing contrary to the Liberty of the People ; and they thought it a Fault in any to obtrude a Pallor upon a Peo- ple againft their Will. And the reverend Mr. Gillefpie*' quotes feveral AQs of King Charles I. hisfecond Parlia- ment to this Purpofe, namely AB "}. which did ordain, fays he, Presbyteries to plant vacant Kirks, with Confent of the Parijhes. And AB 8. anent the Presbyteries providing and admitting Minifters to the Kirks which belonged to Bifhopricks, // is always provided, that this be without Pre- judice of the Inter eft of the Parifies, according to the ABs and PraBice of the Kirk ft nee the Reformation. And in the 9 AB of the laft Seffion of the fame Parliament, Presbyteries art appointed to plant vacant Churches, upon the Suit and Callirg of the Congregation. And even at the Revolution, tho* the Eftates of Parliament gave the nominating and propo- sing * Mifccl. Queft, p. 2j, 9 6 Jus populi dwinum. fing of the Perfon to be Minifter, unto Proteftant Heri- tors and Eiders only, yet they allowed the whole Con- gregation or People in it the Liberty of approving ordif- approving the Nomination as they thought meet, leaving the Presbytery to judge of the Validity of their Reafons againft the Perfon's Ordination, who mould be nominate and propofed to be their Minifter ; fo for any Thing which appears from that Aft, the People's not being fatisfied as to the Perfon's Meetnefs for being their Minifter, or their not judging themfelves edified by his Gift, might been enough to hinder the intended Settlement ; for there is not a Word in the Aft, obliging People difapproving the Nomination, to libel the Perfon propofed, or tp offer fome- thing againft the Candidate's Life or Doftrine. CHAP. VI. ICome now to the fixth Thing propofed, and that was, to anfwer the Objections of % fuch as oppofe the People's Suf- frage in the Choice of Pafiors to overfee their immortal Souls* And, i. At the laft Affembly, 1726. it was objefted by fome, *tbis was levelling with a Witnefs^ that People of an inferior Rank fiould have a Suffrage, as well as fuch as are of higher Station. Now, for Anfwer, 1, I fay, to talk of levelling in Civils is abominable. Dominion is not founded in Grace, Honour is to be given to all to whom Honour is due. Yet, 2. I fay this is exaftly fuch an Argument as fome of the proud Romlfh Clergy adduce againft the People's partaking of the Cup in the Sacrament of the Lord's Supper, Should all drink of the Cup, fay they, then there would be no Difference between the Clergy and Laity, or Priejls and People. Unaccoun- table Pride ! But, 3. I fay this is a fpiritual, ecclefiaftical, religious Privilege, and therefore as due unto the poor as the rich. I hope it is neither an unjuft notf indecent Le- velling for the Servant of a noble Lord to fit with his Ma- tter at the fame Communion-table, and may be nearer the Head thereof than he, fitting on the Minifter's Right-hand, while Jus popiili clwinum* 9j •While the noble Lord is on the Left. And fiippofe the Minifter, in Diftribution, ihould happen to give the Ele- ments firft to the Servant, I think, he could not be juftly accufed of Difrepefl:. In the Fourth national Synod oi France, we have an Account of a Gentleman's troubling the Church, and would not be latisfied unlefs his Ladjf Came up immediately after him to the Lord's Table, be* fore any of the Men. It feems he thought it was ldvel* ling with a Witnefs, if he, and his Lady had not foiriet more Regard paid them, than to be put upon a Level, with People or an inferior Rank, when at the table of the Lord. Bat, as the Synod of Caen had formerly coil* demned his Conduct fo that national Synod ordered ± Letter, in their Name, to be fent unto him* in whicti they advifed him to more Humility. Mr. Henry, comment ting upon Nehemiah x. 29. fays, Obfert)e, their Nobles tire cat* Jed their Brethren, for, in the Things of God, rich and poor^ high and low, they meet together. 4. I own this is levelling^ but fuch as the Word of God requires. The Man with the gold Ring and gay Clothing, and People of eoarfer Raiment are to be equally regarded here. The vaitl^ rich, and People of opulent Fortunes, the Grandees, the Princes, and Kings in Ifrael, Were to pay no more than the poor, namely, the half Shekel of Atonemenr-money* 2xod. xxx. 15, 16. That Scripture fhews, that all Souls arg of equal Value, and that God regards the rich no more than the poor. Mr. Henry, upon the place, fays, This Money was raided to be employed in the Service of the Tabernacle j with it they bought Sacrifices, Flour, Incenfe, Ojl, Fuel, Salt^ Vriefis Garments, and all other Things which the whole Congre- gation was interred in, and rich and poor contributed d~ like to the Temple- jervice, becavfe both were to have alike Inie- refi in it, and Benefit by it. Now rich and poor being td have alike Interelt in, and Benefit by the Minifter chc-Ten* is it not highly feafonable to infer they ihould have ah e-* qual Share in the Ele£Hon 1 But, 5. 1 would ask fuch a$ make the Objection, whether they think it levelling with a Witnefs, for poor mean Tradefmen, that are Elders, td have a Voice in Seffions or Presbyteries with Gentlerneit a*id Noblemen, where they are pur on a Level may h& ;e «very Week, whereas this Levelling, at ths EteSion G *£ 9% Jus populi dwinunu of Minifters,fhall not be above once in a whole Lifetime!* It is no degrading of the high« ft 'Nobleman tc~be Compa- nion here to all that fear the Lord *, to the meaneft Saint of the moft High, being the Saints are God's firft-born ; and this is a fpiritual Privilege, as hath been faid above. Or, is it not levelling to give a Vote to an Heritor that is may be his Lordfhip's Barrow -man ? It may be Heri- tage, tho" not above an Acre of Land, and burdened with twice the Value. He may be a little Heritor or Feuar, he may be a Magiftrate or Counfeller, and not be worth a Sixpence, And tho* the Hearts of haughty Men may be ready to fwell at being put upon a Level with People of meaner Circuqjftances, in this Cafe, yet I dare fay, the Heart of God will be towards the Governors of Ifrael, to- wards fuch Magi ft rates, Patrons and Heritors as {hall wil- lingly offer them/elves among the People in the Election of Pa- yors, Judges v. 9. Such as. with *TheodofiuSy think it a grea- ter Honour to be a Chrifiian than Emperor , will not think it a Degrading of them, that other Chriftians have the fame fpiritual Privileges with themfelves. Second Objeftion. iTho' this of calling Minifiers he the People's Eighty yet this mufi be regulated by the Laws of Society^ as in the civil Government , where People have fuch and fuch natural RightSy which yet are exercifed by others ; how abfurd would it be y that all the People of a City fhould meet to eleB a Provofi 9 and the like ? At the laft AfTembly I heard a very long Difcourfe to this Purpofe, and, for Anfwer, 1. I fay, this Obje&ion is a fair yielding that it is the People's Right originally, and if it be their Right from Chrift, furely it is not in their Power to give it away, difabling themielves for that Work, Truft and Service, which he hath committed to them for the Good of their Souls. Hath Chrift given them fuch a Right ? then they have divine Warrant to exercife it. But of this above, on the Eighth Proportion, z. I fay, our Lord never deiigned his Church Ihould be modelled by the State,, or civil Government of Burgh, County or Kingdom. Chrift's Kingdom is not of this World, nor like unto worldly Polities, fays Mr. Hud- fon. * ffaim **ix, 63. Jus populi dmnunti gp fin. "The Trh :es of the Gentiles exercife Dominion, tui it Jball notbe fo amc x g you, faid our lord to his Difciples *. 3. This Objection it lands fairly in Patronages, for if People may give away their Righr to Twenty Heritors or Eiders, why not to Ten ? and if to Ten, why not to Five ? and if to Five, why not to Two 1 and if to Two, why not to One ? he may be a very honeft Man, and fometimes may happen to make as good a Choice as many. 4. Thatfucfi or fuch a Set of Men, and not the Body of the People have the Choice of Magiitrates and Parliament-men in Burghs and Shires, it is their civil Conltitution whicll makes it fo ; and when any fhall fhew the like Constitu- tion in the Scripture, the Laws of the King of Zion, then* and never till then, muft it be fo as to the Ele&ion of Of- fice-bearers in his Houfe. And, in England, every Burgher* be he rich' or poor, hath his Voice in the Election of their Parliament-man. 5. Were the State to be a Rule to the Church, then monarchical Epifcopacy fhould be eftablifh- ed, and we ihould have a Pope at leaft in every Church ; for Monarchy may be the beft Government, And though, the civil State is not our Rule here, yet I guefs the people have readied their free Choice when it comes to a poll Ele8ion ; and it is not fo eafy to gain by practicing upori all, or many, as on a few. If People may give away their Right, fo may Elderfhips, fo may presbyteries, fo may Sy- nods. I know of no Power the one has to do this more than the other, or if it may be taken from the one, fo alfo from the other. And if this of the People's power be not a Right originally from Chrift, I know of no Right at all they have in the Affair. Third Objection. Popular Elections have often occasioned great Viforders, Bio Jfintd and Murder, U the Scandal of Religion, as Churcb-bijtoty gives an Account, and they cannot but occajion Confufion and Strife, when p many are gathered havmg equal Votes ; and at the laft Affembly, the late Inftance at Aberdeen was given as a pregnant Proof hereof. This feems to be the Achillean Obje&ion, and all the Ground on whkh fundry eminent proteftant Divines have given the G 2 de- k M*ttk. it, 2$, **• too Jus populi divinunu decifive Voice in Elections unto others, yet ftill leaving a Negative over all unto the People, ^nd' therefore 1 hope to be excufed, albeit I Ihouid sdarge a little in an- fwer to it. And, for Anfwer, I. This was Beliarmine'i Objeftion, and lb it is of ail the Popifh Party that oppofe the People's Right. This was alfo objeSed by Bifhop Bilfon, who fays, For this the People's Right was jufily tranjla* ted from them to the Magifirate *. And the Objection is the fame with that which is made by fome againft Synods and AiTemblies. The fame Objection the Prelatifts make a- gainft Parity among Presbyters. The fame Argument with that of proud, afpiring, ambitions Men of old, who brought Prelacy into the Church, under the fpecious Pre- tence of preventing Confufion, and removing Divifion out of the Church ; for when diocefan Bifhops were firft brought into the Church, none pleaded for them jure di- vinoy no, they pleaded only for them as neceffary in re- medium fchifmatisy & ut dijfenfionum plant aria evellerentur f to he an Antidote againfl Schifm y and that by them the Plants of Strife and Divifion might he rooted out of the Church. And I doubt not but the Argument may be of equal Force a- gainft both. And this very Obje&ion hath been made a- gainft Calls by Heritors and Elders, as is evident from the Account of Lay -patronages in Scotland f, fuppofed to be done by the late Lord Advocate Sir David Dalrymple* It is likewife indufirioujly given out, fays he, that the Manner of calling MinifierSy as eflablifbed by the Laws ef Scotland, and the 'Treaty of Union, has been the Caufe of much Diffenfion and Divifion, and that the Votes of FarmerSy Mechanicksy and othet mean People, have been of equal, or greater Weight than thofe of the chief landed Men of the Parifi, &C. but if this Objection he good, then the Practice of the primitive Church was trroneous f and Chrifi'ianity it f elf culpable, which, tho' in its own Nature, a Doctrine of Peace y has, through the Corruptions ' of Meny occasio- ned Divijions among the neareft and dearejl Relations, therefore this Objection cannot be of Weight. But, 2. Were this Obje- ction of any Weight, then People in Burghs fhould all be deprived of their Right to ele£t their Magiftrates, for ma- * CMit Alt* Dam. p. *- f Pa 5 c **• Jus populi divinum. ioi many Times there hath been Confufion and Divifion with a Witnefs, and fometimes Blood and Slaughter alfo about their Election. And if this Argument be of Weight, then whatever the Cuftom was formerly, the Popifh Argument for excluding all but Cardinals from Councils, and the E- leftion of the Pope, is of Weight. Sed poftremis 500 annis y necjue ad concilia, neque ad eleHionem admiffi funt omnes clerici y inquit Bellarmhws, -quod nimis multi ejfent, fed foil cardinales *. And if this Argument be of Weight, let every Presbytery in Scotland commit their Power to Two or Three Men, and, inftead of the whole Minifters of the Synod being troubled to meet, let only one from every Presbytery be chofen to manage their Bufinefs ; and, inftead of calling fo many Minifters and Elders, from far diftant Places, to our general Aflemblies, let one be chofen from every Sy- nod to manage the Bufinefs of the whole Church, for Strife and Divifion, to the Scandal of Religion, hath fometimes happened, and may again happen in thofe Ju- dicatories. And further, if this Argument be of any Weight, then Heritors, as fuch, are on far better Ground to be excluded from having a Voice in the Ele&ion of Paftors, for many Inftances through Scotland can be given, of vaft Confufion at Elections, when their civil Rights came to be confidered. Let a late Settlement of the Pa- /ifh of Cramondy in particular, be confidered, and the Presbytery of Edinburgh can teftify what lengthned out Confufion was anent it, which kept that reverend Presby- tery in hot Work for many Days ; in that, and Cafes of the like Nature, Presbyteries have had Difficulties and Trouble, of another Nature than popular Elections poffi- bly can occaiion. But, 3. Were this ObjeSion of any Weight, then there is no-Inftitution of Chrift but it be- hoved to be laid afide. What.Inftitution is it about which Diforders may not happen at a Time ? Principal Rule fays, 'There is no Infiitution of Cbrifi % but Inconveniencies may follow upon it y as long as Jlnful Men have the Management thereof. King Charles II. in his Letter to the Council,- Auguft 14. 1661. having alledged the Inconveniencies accompanying G ; the ? C*ld. Alt. Dam. p. 225. io2 Jus populi divinum. the Ex'ercife of Presbyterian Government for Twenty three Years paft, as a Ground for introducing Prelacy into the Church of Scotland, the reverend Mr. Woodrow, in his Remark thereon, fays, Inconveniencies may, and do accom- pany the hefi Conftitutions, the Exercife cf jufh Power, and the Execution of the mofi excellent Laws *. The reverend Mr. Wehfler \ fays, We do not fnd that the Churchy or any particu- lar Perfons, tho* Magifirates, in any Period of 'Time, have got a Power from God of altering his Injlitutions, even when their Exigencies would have been thought to require it. Bifhop Stll- linpfleet, in his Unreafonablenefs of Separation, having ob- jected the great Diiturbances and Diforders which popular JfclecHons have occafioned in the Church, the reverend and learned Mr. Clarhfon, in Anfwer to him, fays %, ^Cbere is Evidence, that this ( viz. popular Election ) was the PraBice of the Church for above a *Thoufand Tears after Chrift, and there are but about Ten** Instances of Diforders therein, great and (mall, for fo many Ages ; now, if every Order and Ufage, though of apofiolical Infiitution cf Allowance, Jhould be exploded, becaufe of fome Diforder happening about it once in an hundred Tears 9 what wculd be left us that is primitive or ancient ? And, in his Tide Page, he cites the Do£tor againft the Doctor, fhew- ing how, in his benicum, before he got the Biihoprick, he had afferted, The Epifcopal Men will hardly fnd any Evi- dence in the primitive Church, for the Ordination of a Bif\oop, without, at leafi, Confent and Approbation of the People. As there alfo, viz* in his Iremcam, Dr. Stillingjleet afferts, l^he Epifcopal Aden will hardly find any Evidence in Scripture, or the VraBice cf the Apcjlles, for Churches confifiing of many fixed Congregations for Worjloip, under the Charge of one Perfon. But, 4. As to the Diforders that have happened, or may hap- pen at popular Elections, the People are feldom to blame for them. Bifhop Stillingjleet having inilanced Four of the greateft Diforders he could find in ail Church-hiftory from the Apoliles Days, the reverend Mr. Clark/on * fhews, in Anfv er to him, that Peopie were nor to blame for thefe. The hrft Inftance being at Antioch, he fhews it was not at the * Hift. p. 9%. Vol I. f Govern, of the Church not ambulat. p c $*. % No Lvid. for diocef. p. 55. * No Evid, for diocef. p. $$• Jus populi divinum. 103 the Ele&ion of a Bifhop, but it was occasioned by a Sy- nod of Avian Bifhops their depofing Eujtathius, whom they had chofen for their Bifhop long before, and ftudy- ing to thruft in one upon them that was judged to be A- rian. For his Secnnd Inftance, which was at Cffarea, about the Choice of Eufebius, at which N'azianzen complained of the People's Unrulinefs, concerning which, fays Clarkfon, he fays no worfe in the I(Tue, than the People proceeded iiOt very orderly, but very faithfully and zeaioufly. And his Father, the fen ior Gregory, Bifhop of Nazianzum, justi- fies the A&ion, in Letteis to the Governor, as regular, and acceptable to God, and defends what they did, as done rightly and juftly. His Third Inftance is of a Sedi- tion at Alexandria, upon the Divifion of the People, be- tween Diofcoms nndProterius, the People rifing againft the Magiftrates and Soldiers who endeavoured to keep theiri in Order, where, at laft, they murdered Proterius. Now, Mr. Clark/on, in Anfwer to this Inftance, fays that Sedition was not raifed at the Ele&ion of Proterius, but after ha was inftalled and confirmed by the common Suffrages of a Meeting at Alexandria ; no Part of the Tumult but was after that, and the moft tragical Part thereof, when Prote- rius was murdered, was not till Five or Six Years thereafter. And fhall popular Elections be decried upon the Account of a Sedition, whereof nothing appeared at the Ele&ion 1 Befides, adds he, thofe who moved the Sedition, and committed the faid Outrages, were Enemies of the Coun- cil of Chalcedony and of the Faith then maintained againft Eutyches. And fhall the People who adhere to the com- mon Faith fuffer in their Power or Liberty, becaufe fome Hereticks, in Oppofition to them, do a& outragioufly % His fourth Inftance being at Rome, upon the Choice of Da- mafus, which came to Blood fhed for feveral Days, in which 157 Perfons were ilain, or, as others, 1&7. I End neither Mr, Clark/on, nor Principal Rule, who alfo anfwers to thefe Inftances, juftifying the People ; here only they fbew, that this, and the moft of fuch Difturbances at E- le&ions, were owing to the Ambition of Ht [hops influencing the People, and leading them into Factions. And they cite Amia- nus Mavcellinus, who related this, afcribing that Bloodfhed, and other Diforders in Ele&ions, to the Ambition of Bi- G 4 fhops i ic4 Jus populi dwinum. fhops ; fo that the Riches, State and Pleafures, where- with the Chair at Rome accommodated Bifhops, incited {hem to make their Way to it with all the Force they could engage, though they could not pafs but through Blood and Slaughter. And it is obferved by both, that, during the firft Three Centuries, there cannot one Inftance te given of any Diforde* at the Election of a Paftor, tho* the People choofed in thefe Ages of the Church's Integrity f And later Inftances of Tumults at popular Ele&ions are but Bug-bears ; and it is not to be doubted but thofe fame Piforders might have happened, though the Calling a Minifter had been lodged in the Magistrates and Town- council, or in the Heritors and Elders, only fuppofing them to be divided, as it happens not rarely, and one fart of the People joyning with one Side, and another party with the other Side ; or fuch Diforders might hap- f>en, though People were neither allowed to vote nor con- ent,as in the late Times of Prelacy, when Men were thruft jn for Paftors, upon Congregations, contrary their Inclina- tions, they were received with Showers of Stones, and vi- olently oppofed by the People in fome of the beft Parifhes of Scotland *. Opprejfion maketh a wife Man mad, fays Solo- p?on y and, to opprefs the People in this Affair, is the worft pf all Oppreffion, and no very great Wonder tho' People fce irritate to a Pitch hereat. And as to the late Confur lions talked of at Aberdeen^ I cannot fay much, not being well acquainted with that Affair ; but if the People met with fuch Provocations as was represented at the laft Af- iembly, namely^ "That they were not allowed that Freedom in voting as Ccnfenters, which was allowed them by the former AJfembly ; and if Objections were then ftarted againft the Life and Converfation of fome of them, without Ground, then it was not to be admired though the People were highly offended. I think indeed no Scandalous Perfon is to be admitted to vote at E!e£tions,but I humbly think the tab- ling of Objections at Moderations, againft a Perfon's Life &nd Converfation, looks fo like a felfifh Defign, that Ob- jections, which have not been heard of, nor tabled before, 4 fhould ? ff.pir. Hift. p. 15 3. Vol. I. yus populi dwinum. 105 Ihould not be then received. But, 5. I am perfwaded, that to grant the People the free Choice of their Palters, as it is the Will of Chnft, fo it is the readieft and moft expe- dite Way to prevent all Confufion in Elections, the Way to remove our prefent Confufions, and the high Way to comfortable Settlements. Did not he, that is God only wife^ he that hath all 'Treafuves of W'tfdom and Knowledge hid in liyn y forefeewhat Inconveniencies might attend popular Ele&ions 1 who can deny this ? yet he thought it meet to give his people the Choice of their own Pallors, giving as: much Right in the Affair to the poor as to the rich ; and to alter his Inftitutions is to accufe him of Folly. I fay, fhis would be the Way to prevent Confufion at Ele&ions ; Whence do they flow 1 not from the People, but from Heritors. If there be any Competition, then there is Con- fufion with a Witnefs in allowing them to vote as Heri- tors, Have we not Proteft upon Proteft againft this or the other Perfon's having a Right to vote, while fome affert he is only a nominal Heritor, having no more Right to vote than the Man in the Moon ? Others proteft, he or Ihe is a real Heritor or Herirrix. Cannot Inftances be given, where Minifters and People have iltten waiting at Elections from Ten or Eleven of the Clock Forenoon, till late at Night, while this or the other Heritor's Proteft and Counter-proteft hath been written, ere . ever they came the Length of asking the Sentiment of any Heads of Families ? and no Wonder then we have Confufions, confidering that Presbyteries are not compe- tent Judges of the civil Rights of Gentlemen, nor can they tell who have Right to vote as Heritors. I could in- ftance three pretended ItJeritors all voting at an EleSion on one Side, and their Vbtes fuftained for one fmall In- clofure, having neither Family nor Houfe upon it, and none of them refiding in the Parifh, can the like of this but occafion Confufion ? And I defy the World to Ihew the leaft Confufion that can be occasioned by allow- ing the People to vote, more than in allowing them to confent, if their Confent be enquired into. Give People their free Vote, and then I dare fay we fhall not know what Confufion means. It is the intruding of Paftors i;pon them that occafions all our Confufions, But, 6. What- io6 Jus populi divinum. "Whatever Confufions may happen by popular EleGions, I fay the People are ftill to have their Choice, this beijig Chrifi's Legacy to them, as Principal Rule fays. Here the Rule and Remedy is, fays Mr. Park *. Tollatur abufus, &* maneat ufus, let the Matter be regulated, by a&ing in it according to the Word of God. And, fays he, there is no Inftitution either in Church or in State, but what by reafon of the Weaknefs and Corruption of Men may be abufed, yet this is no fufficient Ground for laying ajlde an Inftitution, that is ei- ther morally neceffary, or pofitively enjoined by God. And, as he hints, in cafe of Mif carriages, the civil Magistrate may employ his Power circa facra, but thefe can never warrant us to leave the Inftitutions of the infinite Love and Wifdom of God, and betake our f elves to our own weak and witlefs Inventions in the Matters of God. To the fame Purpofe fpeaks Calderwood, in Anfwer to Bifhop Bilfon \, P'u principis eft, it is the Duty of a pious Prince to reftrain Tumults, not to deprive them of their Liberties, to be careful that all Things be done decently and in Order , not to obtrude Pafiors upon the Flock invito grege, or againft their Will. And then he cites the learned Junius^ faying, Nullus or do tarn prudens &* commodus inter homines inftitmtur, quin adnafcantut brevi incommoda de incommodh prudent er cavendis, non de re fanBa mutanda temere fapientes videre opportuit. And having told what may be done by Minifters and Magiftrates, in cafe of a Peoples being dif- orderly, he fays, But that the Liberty which thrift the Bride^ groom of the Church hath given to his Bride, fhould be altogether taken away, facrilegium eft, rapina eft, it is Sacrilege, it is Robbery. Wherever we have a divine Inftitution, as in this Matter we have, fays Mr. Hog %, there is Warrant to feek % and we have Ground to expect the Lord's Conducl** Human Impositions can afford no Remedy. 7. No Confufion can arife hence, but what eailiy might be prevtnted through the Lord's Blefling, upon Rules laid down for preventing Con- fufion in the Choice of Gofpel Minifters. Were it not very eafy for Minifters of the Gofpel to keep an e*a& Account of the Names of fuch as are admitted to the Lord's * Againft Patron, p. 108. t Alt. Dam# p. 9. \ Right of Church Memb. p. 1 7. yus populi divinum. 107 Lord's Table, recording the fame in the Seffion's Regifter ? and Teftificates fhould bear, that fuch and fuch a Man was admitted to the Table of the Lord. And at Mode- rations, it would be far more eafy to call over the Names of fuch Men in the Congregation as have been admitted, than wait till this and the other Gentleman's Proteft ?.t\A Counter-proteft be diftate and written, at which no little Sin is many Times committed, when civil Rights are cal- led in queftion. The allowing Heritors to vote under that Reduplication, embaraffeth the Church far more, and createth other kind of Uneafinefs to Judicatories, than this could poflibly do. And I'm fure, it would prevent much Confufion, Divifion, Animofity and Contention a- mong Minifters of the Gofpel, occafioned by our prefent Method of fettling Minifters, while fome are for fettling upon a Call from the Majority of Heritors and Elders, tho' may be the Body of the Congregation are utterly averfe, the better Part being alfo among the Oppofers. Others again they ftiffly oppofe this, looking upon it as contrary to the Gofpel Method of fettling Minifters. And whatever Veneration we ow to Church Judicatories, yet no Aft, tho' it were of an oecumenick Council, will fa- tisfy the Confcience in that which is indeed contrary our Lord's Inftitutions. For, as one fays. No At~h or Con- fiitution of any under Heaven, can re/find or invalidate the Mandates of the King of Kings, or exempt from Obedience due thereunto, lourth Objection. At the laft Affembly it was objected, That the People's Liberty to call was flill reftricled, albeit the Choice of Paflors fwuld be yielded to them, for the minor Part of the Congregation will flill have a Minifter impofed upon them who is not their Choice. Now, for Anfwer, I. This Objection fays, there is no Freedom in the Choice of Ma- giftrates or Council for Burghs, no Freedom in the Choice of Members for Parliament, no Freedom in the Choice of Moderators for Presbyteries, Synods or Aftemblies, no Freedom in the Choice of Members for Affemblies, nor in any Thing where it comes to a Vote. 2. I fay, That as Unanimity is always to be ftudied, as Unanimity is moft defirable, fo fometimes this may be attained at E- leSions. Sundry Pariflies can be inftanced where there hath i oS Jus populi dimnunf. hath not been a contradiftory Vote. 3. This is the Dic- tate of Nature's Light for regulating all Societies, that where different Sentiments are, Things fhall be decided by Vote. The London Minifters, when fhewing a Thing may be of divine Right, when known by the true Light of Nature, fay *, In all Matters of Difference the leffer Num- ber in every Society Jhould give Way to, and the Matters con- troverted be determined and concluded by the major Party elfe there would never be an End, and why not fo in the Church ? So the Author of the AJfertion of the Government of the Church cf Scotland in the Point of ruling Elders, &c. fuppofed to be the great Mr, Gillefpie, fays f, * It cannot be denied * that the Church is led by Nature's Light in fuch Things c as are not proper to religious holy Ufes, but alike com- * mon to civil Societies, at leaft in as far as they are * common to facred and civil Ufes. ' "Were not this to be decided by Vote, one contentious Perfon might keep a Congregation vacant for many Years ; indeed, Ihould the majdr Part take wrong Steps, then licet protefiari, or the leffer Part may appeal to the Presbytery, feeking to them for Redrefs. Fifth Obje&ion. At the laft Affembly it was obje&ed by feme, 'That they had heard the old Ministers who fuffered un- der Prelacy, teftify their great Satisfaction with the Method of ■planting Parijhes with Calls from Heritors and Elders. Now, for Anfwer, 1. Calderwood, Rutherford, Rule, Park, Fofier^ &c. fo the Minifters that lived at granting the fecond Indulgence, fo thofe Minifters and Gentlemen that drew up the above mentioned Petition to the Prince of Orange^ were Perfons that had fuffered under Prelacy, and yet they were all for the People's Right, and never one of them hath a Word anent the Right of Heritors beyond others And for fuch as lived atter the Revolution, I know of no Ground we have to think they changed their Principles as to that Point. But, 2. I doubt not they were far better fatisfied with Calls by Heritors and Elders where the People confented, than with abjured Patron- ages, and no Wonder. Yet, 3. I dare fay, never any of them * Jus Reg, p. 2. f 156. jfui populi divinum. 109 them were heard to affirm, the People have no Right to call their Paftors. I dare fay, they never heard any of them affirm, there is nothing in God's Word that coun- tenanceth the People's Right ; I dare fay they never faid t Parifhes niay be planted whether the Lord's People con-: fent or not ; I dare fay, they always thought the People were to be regarded in this Matter, and they always took them to be confentingy elfe they had not defired them to hold up their Hands at Ordinations or Admiffions, in Tq- ftimony of their cordial Confent. Sixth Objection. To talk of the NeceJJtty of the People's Suf- frage to a Minifte/s Call, is to charge the Miniftry of the Church of Scotland with the Guilt of entring by the wrong Door , feeing few of them have been called by the People 9 s Suf- frage. This Objection was alfo ftarted at the laft AiTem- bly, and for Anfwer, I. The Generality of Minifters in the Church of Scotland have had, if not the People's Vote, yet their Confent, being ready to give their Suf- frage alfo in a formal Manner had they been allowed, and materially fuch have had that which makes up the Subftance of a Gofpel Call ; yea, where there hath been no Oppofition to Minifters Settlements, there it may be faid, Minifters had the People's Confent, according to that received Maxim* Qui tacet y con/entire videtur, or, he that "holds his Peace feems to confent. But, 2. Where Minifters haveentred by Calls from the Majority of Heritors and Elders, while the Body or major Part of the Lord's Peo- ple have been averfe from, and oppofed the Settlement* their Entrance hath been by the wrong Door. Mr. Park fays *, Where Minifters have not had the voluntary Confent of the Church and People concerned, I fee not how they could have heen free from the Guilt of having run unfent* Yet, 3. Tho* *tis much to be regreted there fhould be any Inftance in Scotland, where Minifters* have been thruft ia upon a People contrary their Inclination, and without their Con- fent, yet in my humble Opinion, People may fubmit to the Miniftry of fuch without Sin, having declared their Non-approbation of, and teftified againft the Manner of Settle- * Agauift Tfttroa, p. \^< i io jFus populi divinutn. Settlement ; and the People's after Acceptance, their Ap-* probation and fubjefcting themfelves to the Miniftry of fuch, makes him a Paftor to them, fupplying the Want of their Election formerly, as Jacob's After-confent and Ac- ceptance oiLeah made her to be his Wife, tho* far from choofing her at firft *. Seventh Objection. This is an independent Principle^ to give the People a decifive Suffrage in the choice or calling of Paftors. I Anfwer, It is no Ground for oppofing or difowning the Truth, becaufe maintained by Independents, whom Ru~ therford. whenexprefly writing againft them, calls Brethren y reverend y learned and holy j. And Mr. Hud/on, when writing againft them, calls them our honoured and beloved Brethren* 2. As principal Rule fays, We plead for this Church Tower in the People, not for all Church Power. And as Mr. Qillefpie fays, We may well go a Mile with the Scriptures, tho* we go not two with Independents. But, 3. This is no pecu- liar Do&rine of Independents, no, but a Truth which hath been owned by Presbyterians as well as them. Our firft Reformers were no Independents. Calderwood, Ruther- fordy Wood, Park, Rule, &c. were no Independents, yet this was owned by them. The reverend and renowned Mr. James Webfter, that valiant Champion for Truth, was no Independent, and yet in his Difcourfe of the Govern- ment of the Church, its being fixed, he reckons it one of the Errors of the hierarchical Scheme, that their Bifhops are not chofen by the Cheirotonia of the Church, but by the Magiftrate. The reverend Mr. Herle, Prolocutor or Moderator of the Weftminfter Affembiy, was no Indepen- dent, and yet, when writing againft the Independents i» he fays, We acknowledge, that the P afters and other Officers Were anciently, and it is to be wifcr.d they ftill were chefen, at leaft conferred to by the Members of each r effective Congregation, So the learned Apc-V.onii, anc many other eminent Presbyte- rians, who exprefly own this, when writing againft our Brethren the Independents, Never any Presbyterian that I know of oppofed this. I own, fundry eminent Presby- terians * Umi'n Minifters Vind. p. iij. f Peaceable Pica, p. 1, |C/£ ltf t S* tlcft. of rafton, ?. 2*. ym populi divinuml ni terians have been for giving the decifive Suffrage to the •Elderfhip, allowing them to vote in the People's Name f but ftill Presbyterians have been for the Neceflity of the People's voluntary Confent, looking on this as effential to a Gofpel Call. I know the London Minifters are com- monly adduced as an Exception here, and therefore I lhall ftate their Opinion, as an Obje&ion, and anfwer to it. Eighth Obje&ion. 'This of giving People the Choice of PafiorSy is contrary the Judgment of thofe eminent Divines the London Minifters , met in a Provincial AJfembly 1654. as is evident from their Jus divinum minifterii evangelici *, in which they confiue this of the People's Right to choofe their own Paftors, afferting in exprefs Terms, That the EleBion of a Minifler doth not belong wholly and folely by di» n;ine Right to the major Part of every particular Congregation* Now, for Anfwer, 1. I frankly yield the whole of their Propofition ; for if they diftinguifh between the People and Elderfhip, then I own the Elders have a Voice with others. And it is the Duty of People to confult, advife, and deliberate with the Elderfhip, as to the perfon whom they defign to call ; fo that Ele&ion doth not folely be- long to the People, or it belongs not fo to them as to ex- clude the Elderfhip. 2. I own, that by divine Right it belongs not to the major Part of every Congregation to eleft the Minifter ; for, if the major Part of a Congre- gation be fo ignorant, irreligious, fcandalous, or errone- ous, that they ought not to be admitted to fea ling Ordi- nances ; or, if the major Part of the Congregation be fuch as will not fubmit to the Miniftry of a faithful Gofpel Minifter, then they ought not to have a Vote, as hath been hinted above. 3. As the reverend Mr. Lawder ob- ferves, in Anfwer to their Propofition f, tho' they tell us, that the Election ot a Minifter doth not belong to the major part of every Congregation wholly and folely, yet they tell us not what they underftand by this wholly and folely, nor do they tell us how far the power of EleSion belongs to the major art of a Congregation, nor do they tell * Chap. I. p, iaf. f Ancieat Bifhop* co», p. jj*. Ii2 Jus populi divinunu tell us "what of this Power belongs to others, nor who thefe others are, that have Power in this befides the Peo- ple of particular Congregations. 4. I apprehend, all thofe eminent Divines had in View, was to confute the then pre- vailing Sectarian principle, viz.. that the people might cali fuch gifted Brethren as had not been licenfed by- Presbyteries to preach the Gofpel, and that their bare E- leQion was enough to make a Minifter without the Pref- bytery'i Ordination; and to lefien their Efteem of popular Election, they attempted to invalidate fome of thofe Scrip- tures f fom which they pleaded the people's Right to ele&. 5. It is obfervable, that tho* they fay it belongs not to every Congregation folely and only to eleQ: their own Paftors, ye: they never lay it belongs' not to the People to choofe rheir own Minifter ; they never fay this is the Right of Heritors, nor do they fay this is the Right of Magiftrates > nor do they fay this is the Right of Elders, nor do they fay this is the Right of Minifters. And tho' they attempt the enervating fome two or three Scriptures adduced by proteftant Divines, for proving the people's Right to choofe their own paftors, yet they never fay there is notfj ng in Scripture countenancing this Right in the People ; they fay indeed, they think no Scripture can be b,cugh: to prove, that the whole Effence of the mi- .1 Call confifts in Ele&ion ; but they never fay, no Scripture can be brought for the people's Right of E- leuior.. 6. I fay, it may be admired by all, how thefe London Minifters came to attempt this,, confidering how in other Places of their Writings they have exprefly decla- red tl emfelves for this Right in the people, as in the Preface to their Jus regimitus *, where they reckon it a- mong the Excellencies of the independent Government, that their Congregations have the Liberty of electing their owa Officers, Paftors, Elders and Deacons, afferting, that Presbycerian Congregations have the fame Liberty. Their Words, when anfwering an Objection made by fome that favoured the congregational WayJ are, fvhai true EafeUeftcy is there at all in the wide independent G Kent) * p. ii, ia. yus populi dwinuntl i i 3 ment, fave only in thofe Particulars wherein it agrees with th$ Presbyterial Government , and only fo jar as it is Presbyterial J therefore the Presbyterial Government is equally y yea, primarily and principally excellent, wherein is the Excellency of the Inde- pendent Way of Government ? i . Have they only thofe Officers which Chrifl hath appoint ed, fo the Preslyterians. 2* Have they thofe fpiritual Cenfures Chrifl hath ordained' ^^ A fo the Presbyterians. 3. Have they Congregational Preslyteri'S duly ele&ed *— fo the Presbyterians. 4. Htve they the Liberty of eletling their own Officers , Paflors, Elders and Deaccns f fo the Presbyterians And then they inftance eight of nine Particulars, wherein Independents differ from Pref- byterians, which they fay, are fo far from being Excellencies f that they are Deformities, at leaf} Infirmities of that Way* There you fee they aiTert, it is a Presbyterian Principle that the People have the Liberty of electing their own Officers, Paftors, Eiders and Deacons, and there they rec- 5 - kon it an Excellency of the Presbyterian Government that; itisfo; and there they affert, that it is primarily and principally a Presbyterian Principle, not taken from the Independent Scheme. And in that Book they fay *« Ecclefiaftical Officers are both eleBed and ordained by the Churchy without Commiffion from the civil Magiflrate, by virtue of Chrifl 9 s Ordinance, and in his Name. And as formerly they gave the Liberty of Eleftion to the People, fo there ther make it Chrift's Ordinance that they have this Liberty, as it is his Ordinance that Minifters fhould ordain* And again they fay, People may choofe Presbyters or other Church Officers, but the Presbytery is to ordain. A£b vi. 3, 5, 6« Look ye out Men ^ whym we may appoint. So that the People's bare Eletlion is no Scripture Ordination, which we alfo affirm. And even in their Jus miniflerii evangelici y again and again they pjve this Right of Election to the People, , aiferting, 'That the People's Call may determine a Perfvn's Mi- niftry in an efpecial Manner to them f elves \ — — * ' 1*he re- gular Call confifls not barely in the Suffrages of the People^ which makes a Perfon their Minifler, n t a Minifler* A Probationer preacheth, that fo the People that are to choofe iitri H rnay Jus xcg. p. 91, ft, 9*> 97. t F/ji 4> nj, iatfj ish *** H4 Jus populi divinum. may have Experience of his Gifts. 'The mediate ordinary Way hy which God would have all Men to enter into the Miniftry is by EleBion and Ordination, they are both of them diftinftly fet down in the Choice of the Beacons, Afts vi. 3, 5, 5. Look ye out feven Men whom we may appoint, &c. Nothing can be more diftinft than this, that the Multitude of the Difciples, or Body of the People had the Eleftion, and the Apoftles the Ordination. In a Word, the People give Being to a Mini- fier as to be their Mimfter, but not as to be a Mimfter. They fay, they are much, and very much for popular Elections, as well as their Brethren in Ne*v England, and many in Old Eng- land. And when proving it is Ordination and not Eleftion, that conftitutes a Miniiter, they fay, For it is net likely that Chrift would appoint his Apoftles, and his Apoftles appoint extra- ordinary and ordinary Elders, to convey only an Adjunct of the miniflerial Call, and leave the great Work of conveying the Office Tower unto the common People. Again, when fhewing, that the People's Eleftion gives not the Effence of the minifterial Call, they fay, 'That in Scripture Ordination is held forth as the greater, and therefore not given to one and the fame Perfons, as appears from Afts vi. 3, 5. Tit. i. 5. I Tim. iv. 14. 2 Tim. v. 22. And in their Jus divinum minifterii Anglicani *, they declare, they are no Enemies to popular Elections. Had they not thought them to be foun- ded on God's Word, they had furely been Enemies unto them. And fundry other Places in their Writings might be cited to this Purpofe. So after all it is evident, never Men afted more unlike themfelves than thefe London Mi- niftersdid in this Affair. No Wonder indeed then they "were irritate by fuch as denied the Necellity cf Ordination by Pre.sbyters, no Wonder then they were provoked by fuch as faid, Ordination was, if not anrichriitian, yet at beft but a Circumftance of the minifterial Call, which might as well be omitted as ufed, while they extolled Eleftion by the People, making the whole Effence of the minifterial Call to confift therein ; but that they fhould run to fuch an Extreme in oppofing thofe, can never be juftified. ! & i«. yus populi diviniM. 1 1 5* juftified. In this they confirm the Proverb, Aliquando dor- mitat iffe Homerus, Befl have Blemijhes. Ninth Objection, .The People are rot competent Judges of the Learning, Language, and other miniflenal Qualification* required of Pafiors, and therefore it would be unreafonable t6 lodge the Right of Calling in them. Are not Weavers, Sboema* hers, Taylors, Plowmen, and the like, fit to judge of minifies rial Abilities ? Now, this was gellarminc's Objection of old* and Bifhop Bilfons alfo, who oppofeth 'the Knowledge of one Prince to all the rude and ignorant People.' And for Anfwer, i» The Suffrage in HleCHons is not given to> the People atone, but in Conjunction with Heritors, El- ders and Deacons, and Magiftrates and Town Council iri Burghs, and there may be Parity in Suffrages, where there is a vaft Difparity in Parts and Qu tlifications. All in Sef- fions, Presbyteries, Synods, AlTemblies and their Com- miffions, are not alike for Judgment and Parts. .:. I af- firm, many of. the Commonalty are as fit to judge iri this Affair, yea, and fitter than many Heritors. If mini- sterial Qualifications be found in the facred Scriptures, then few among the Commonalty but have a Bible, read- ing daily thereon, whereas it is the Lamentation of fundry, better acquainted with Perfons of Diifinction than I am, that many of them read as little in the Book of God as if they were afraid of an Inquifition. The King himfelf, that hath the weighty Affairs of a Nation to overfee, is not exempted here, no, he is obliged by the Law of the King of Kings to have a Copy of the Law of God, and to read therein all the Days of his Life, that he may learn to fear the Lord his God, to keep all the Words of his Law *. And let their natural Parts and Endowments be what they will, they are void of the Fear of God, and unfit for choofing a Paftor, that can fpend at Day, and never read a Line in the Book of Books, the fa- cred Oracles, the fweet fweet Book of God, tho" Laird of the whole Parifh. A Man may be vaftly rich, and doclus in omni fcibdi, and learned ad (lupovem ufque, skilled in all natural Sciences, underlf anding Law, fo as he might H 2 be * Dcut, xvii. 18, 19* n6 yus populi divlnum. be a Senator of the College of Juftice, fo read in all Tranfaflions, that he might be a Profeffor of Hiftory, or skilled in Divinity, that he might teach in the Schools, and the like, and yet his Judgment not to be depended on, or io much regarded in the Choice of a Gofpel Mi- nifter, as fome poor Onejlmus, or Servant-man. Job xxxii. 8, 9. But there is a Spirit in Man, fays Elihu, and the In- fpiratlon of the Almighty giveth them TJnderfianding. Great Men are not always wife, neither do the Aged underftand Judgment. Great Men for Birth, great Men for Place, great Men for "Wealth, and great Men for natural Parts, and great Men for Learning, they are not always wife , has not God chofen the Poor of this World, rich in Faith, and Heirs of the King- dom ? And I wifh fuch as make this Objection would fe- rioufly confider the Apoftle's Words, 1 Ccr. i. 16, 27, iS, 59. Not many noble, &c. I nothing doubt the poor are as able to judge, who are Men of honefi Report, full of the holy Ghoft, and of Wifdom, as the rich. If the Myfteries of the Kingdom be revealed to Babes, while hid from the wife andprudent of the "World, are they not fie to choofe the Stewards of the Myfteries of the Kingdom * ? 3. I fay, this Objection is fomething like that of the Pharifees, a- gainft fuch as admired Chrift, believed his DoSrine, and choofed to wait on hisMiniftry, when leje&ed by Perfons of Diftin&ion in the World. John vii. 49. But this People , I c^Aos $yros, this Rabble, which knows not the Law are cur* fed. Are not People capable to judge who fpeaks intelli- gibly, and beft home to their own Cafe ? for ftill I fup- pofe Luther's Saying holds ftill true, that he is optimus pa- fior, qui populariter, pueriliter, trivialiter, & Jimplicifjime docet, he is the beft Preacher who delivers God's MelTage in a plain, fimpie, homely Srile. Tho* all rude Expreflions are to be guarded againft, however a fine, elegant, high Stile of Language in Sermons, when Minifters are treat- ing about the eternal Salvation of Souls, is not unfitly compared by fome to Paint upon a glafs Window, which, be it never fo fine, obfeures and darkens, inftead of giving Light. This Folly of Preaching is not the Fooltfmefs of Preaching, h Y * Matlfi, ii. 25. 1 C*u iv. I. Jus populi divinunu i \ 7 by which God hath chofen to fave eleft Souls. An iron Key, faid Auguftine, is better for opening a Lock than one of Gold. I have fomewhere read of Cyprian, that he preached once in a lofty Stile, to (hew he could do it, and but once, to {hew he would not. 'That is poor Learn- ing fays Mr. Durham *, which rnaketh the Meffage left in- telligible and lefs ufeful, and that is truly a learned Pafior who can make fpiritual myfierious 'Truths mofi plain and palpable to the fimpkft Hearer. 4. If the People be not capable to judge of the Learning of Minifters, yet it cannot be de- nied, but they may have a Spirit of Difcerning to judge, and be as fit to judge, as men of more Learning, of their Piety, whether they have a Savour of the Things of God, and be really religious. And fure, as the reverend Mr. Cowper fays f, to be aChrifiian indeed is the one Half of the Minifier, if not the beft Half, for without this a Man can never be a Minifier of Chnfi, one fent and called of God. Can they not judge whether they preach in a Scripture Stile, which is the moft fuccefsful Preaching ? One Reafon why the Go/pel is fo unfuccefsful at this Day, fays Profeflbr Holy- burton \, is becaufe the Simplicity of Preaching is n glefted. A due Application of Script ure\ is the heft Preaching. For con- firming of which it is remarkable, that tho God may make ufe of the Words of Man, in letting into the Meaning of it, yet it is the very Scripture Word whereby he ordinarily conveys the Comfort or Advantage of whatever Sort ; 'tis this Tool of God's own framing that works the EffeB. Are they not capable to judge, whether the Minifier preaches in a fpiritual Strain ? I have feen Baxter cited, faying, There is in fome Mens Preaching a fpiritual Strain, which fpiritual Hearers can difcern and relijh \ and in fome Men this [acred TinBure is fo wanting, that even when they [peak, of fpiritual Things, the Manner is fuch as if they were common Matters. Are they not capable to judge whether the Minifter preach- es Chrift, and him crucified, which is the proper Work of alJ that bear the honourable Charafter of Chrift's AmbafTadors ? Chrifi, fays Durham tl> « the native SubjeB H\ on * On Ktv. p. 202. f Scrm. on Ma'th. ii. 8, 9. p. **• % Hi* Memoirs p, 141. f| On I fa. liii. p# |, 4. 1X S Jus populi divinum. en which all Preaching fbould run. Paul, fays he, will Jay a- fide his Learning, Eloquence, and human Wifdom, and make the peaching of Chrift crucified his great Work and Study—- He is the Text, to [ay fo, of all Preaching, all Preaching is to explain him- And that Preaching which fiands not in relation to him, is befide the "Text and Mark. Perkins's Defi- nition of Preaching, Ars fpiritualis qua unus Chriftus per Chrift um, in Chrifti laudem prddicatur, a fpiritual Art , whereby one Chrift by Chrift, to the Praife of Chrift, is preached. And if it be as credibly reported, that Sermons are heard in the Church of Scotland, and cry'd up for non-fuch, in which there is little or nothing but what the Preacher might had $ho' he had never feen a Bible, nor heard of a crucified Chrift it calls for Tears of Blood, and 'tis more threat- nine in our Cafe than all the Menaces of Spain, Germany and Rome. And however fond fome may be of that Strain of Preaching, yet if God draw them in to Chrift, they -will have other Sentiments ; as in the Cafe of that private Gentleman, who in the remarkable Parages of his Life, tells us, That before his Cunverfton, fpiritual fearching Difcourfes did i>ci Co much favour with him as moral Doclrines, tho* God knows fays he, too immoral my felf. Are not People capable to judge, whether the Preacher be clofe home, and par- ticular in his Application? or whether he infifts only in good Generals, having no Application ? If it be not a few overly Inferences, I humbly think, with the judicious and learned Mr. James Wcodrow, late Profeffor in Glafgow, That as Application is the moft profitable, Jo it jhould be the large ft Part of the Sermon *. This is the Life of Doctrine. It fhou'hi be the Life of a Minifter's Life to commend Chrift, his firft and laft Breath fhouid be fpent in this Work. Are they not capable to judge whether the Prea- cher be legal or evangelical in his Sermons? whether he prefs evangelical Doctrines, without an Eye to the Spirit of the Lord* which is the Spring of the Church's Edification, fays Mr. Halyburton ; when it is otherwife this is legal Preaching, fa\s he ; and he adds, Lord, thou knoweft how much of it is in this poor Church \. And tho' I hope the Gofpel of Chrift is * Compend of Mttbodw bom Ltica, t Memoirs, p. 14*. Jus populi divinum. 119 is as purely preached in the Church of Scotland, as in any Chriftian Church in the World by the Generality, yet I fear there is more Ground for the Complaint in our Day among many, than in his Day. 5. Tho it fhould be gran- ted, that, generally fpeaking, Heritors or others are more capable to judge than the People, yet it will not follow, that therefore they are to have the decifive Suffrage. For, as the reverend Mr. Lawder fays *, Perhaps one witty Fellow, fuch as Diogenes, was able to difcern, or had more Skill to judge what Perfons were fitteft to be Magiftrates, or to be put in fuch or fuch Offices, than the whole Body of the Athe- nians, People who were made up of Merchants and Tradefmen, and Perfons of very ordinary Capacities : But would it not be ridiculous to infer hence, that the Power of Elections was not 3 or fhould not have been lodged in the Body of the People of A- thens, but in Diogenes 1 And the Reafon is evident, for tho* Diogenes had more Skill that Way than mofl, or all the Citi- zens of Athens, yet he could not pretend to the like Inter eft. The Right of Elections naturally rejides in, and belongs to them that have the greateft Intereft in the Perfon chofen. But, 6. I think our Lord anfwers this Obje&ion in the x. of his Gofpel according to the Evangeliit John, where he fays, That his Sheep they hear and know his Voice, and follow him that's the true Shepherd ; and that they will not follow a Stran- ger, but will flee from him, becaufe they know not the Voice of Strangers. Our Lord is far from fpeaking contemptibly of the meaner* of his Flock ; they have a Spirit of Dis- cerning as to their faftors to be ele&ed ; and to deny them this, is to make them Sheep in a literal Senfe, that Men may rule over them as Beafts, as Doclor Rule fays. And the reverend Doctor Owen fays, ' To deny them an Ability 1 of a right Judgment herein, or a Liberty for the Ufe 4 and Exercife of it, is Error and Tyranny. But that * Flock which Chrift hath purchafed and purified with * his own Blood, is thought by fome to be little better ■ than an Herd of brute Beafts.' 7. I anfwer to this, in the Words of Junius againft Bellarmine, * That Congre- * gations they judge not fimply and abfolutely, whether H 4 4 one * Ancient Bifli. p. 34$« 1 20 Jus populi divinum. « one be fit for the Miniftry, but whether he be fit to 4 ferve in the Miniftry among them ; which two are fo * different, that of two Mea offered to a Congregation, 4 he that is (imply and abfolutely the bell qualified ^or 4 the Miniftry, is not to be for that Caufe admitted bk 4 &> nancy but he who is fitteft for that Congregation. * Now, a rude and ignorant People can judge which of « the Two fpeaks belt to their Capacity and Edification. * And, 8. As the p esbytery, and not the People, are to try the Minifter's Learning, fo, tho* the People have paft by one of brighter natural Parts, and acquired Endow- ments, that will not fay they have erred in their Choice, if of more eminent Piety, for many Times the Man be- ing honeft, weaker Gifts have been remarkably bleft of God, * being enabled by the Spirit to bring out Things * in another Manner, and with another Stamp, than all 4 the Rhetorick and Eloquence of Men can do, * as Dur- bam {peaks *. The Apoftle, when writing to the Corinthi- ansy fays, 4 I will come unto you ihortly, if the Lord * will, and know, not the Speech of them that are puffed 4 up, bat the Power, for the Kingdom of God is not in 4 Word, but in Power -f. Men may have much Know- * ledge, and be able by great Lloquence to exprefs it, 4 and yet be fir from that Power and Life which a na- 4 tive miniiterial Gift hath with it, as in the Cafe of the 4 corrupt Teachers at Corinth, who abounded in human * Eloquence, ' fays Mr. Durham ^. who alfo relates the known notable Inltance of the Power of Mens Gifts be- yond grearer Abilities, in the Hiftory of the Council of Nice y in which a fubtil and learned Phiiofopher, who had long kept the Affembly jangling with Difputes, was at laft convinced, overcome, and converted by a Man of (mail Parts in Companion of others, end known to be fo lmall, that the AlTembly W3S affrighted Truth should fuffer by his entring the Lifts with fuch a Difpu ~ rant, who (imply propounded the Truth of the Gofpel to the Phiiofopher, Power going along with what he (poke, upon which ihe fubtil Difputant faid, As long as 1 was dealt * Oil Rev. p. 1 $9* f J Cor, iv. 19> 2O t r\ 18. yus poputi dwimim. 121 dealt with by Words, I did refift Words with Words ,but when Pow- er proceeded with Words , out of the Mouth of him that /pake, I was not able to refifi. The Author of the Preface to Rutherford"* Difcourfe of Faith in Prayer, from Matth. ix. 27, 31. whether the very reverend and learned Mr. L n, as is fuppo- fed, I know not, he fpeaks excellently to this Purpofe, it is true Learning to know Chrijl jFefus and him crucified, that the World underftood this! And, when fpeaking of Mr. Ruther- ford, he fays of him, He was none of thofe that feek not fo much to edify others, as to be admired them/elves, neither did he fludy the Excellency of Speech, or the enticing Words of "Mans Wifdom ; he well knew that faving Faith never flood in the Wif- dom of Men, it could never fi and on fuch a Bottom, and never was produced by fuch a Caufe. "To [peak in the Demonftration of the Spirit, and Power, with divine Evidence and holy Energy, is a rare Quality, a 'Thing above Nature in its highefi Improve- ments, it is a Gift of Heaven ; the godly Minijier that hath this 'Talent < > if any Man be great in the Sight of the Lord t this is he. Tenth Objection. The People's Liberty is preferved,for they may he faid to give their Suffrage in and by the Elderjbip, who vote in their Name. I. Anfwer, it cannot be told when the People gave, or when they give this Power unto the El- derfhip. I know of nothing done at the Election of Ei- ders, from which this can be inferred. Some of the Pa- trons of Patronages fay, The Patron choofeth Paftors for and in the Name of the People ; and perhaps there is little lefs Ground to afTert fo, than to fay, Elders vote at Elections in name of the People. 2. I fay, that People have not a Power to give this Privilege away ; no, it is Chrift's Gift to them, and fuch Gifts are not at Mens Difpofal, as was fbewn upon the Seventh Propcjltion. But, 3. I deny the People's Liberty is preferved by the Elders havirg a Suf- frage, for Heritors are fometimes fupernumeriry to Elders, and fometimes Elders vote directly contrary the Mind and Inclination of the People, and fometimes alfo directly con- trary their own Inclinations, through the unwearied So- licitations of Heritors, or fuch as they have Dependence upon. Indeed if Elders were ftriSIy obliged to confult their refpective Quarters, to ask their Votes, and then to vote, not fo much their own private Judgment, as the Mind 122 Jus populi divinum. Mind of the People in their Bounds, perhaps it might be faid, they gave their Vote in and by the ElderfTiip ; but, to fay the People confents, and give their Suffrage in and by the Elderfhip, while, may be, the Elders vote and a£t direftly contrary to their Inclination, is as much as if the Parliament, in the late Reign, had declared for fome Po- pifn Pretender, and overturning Presbytery in Scotland, and, upon their fo doing, it fhould been affirmed, that what the Parliament did, was with the People's cordial Confent, becaufe it was done by their Reprefentatives. No doubt, when Congregations become vacant, it is the Duty of People to confult and deliberate both with He- ritors and Elders, and no doubt thefe have a decifive Voice with others ; but then they give not their Suffrage as He- ritors, or Church Officers reprefenting the People, but as Members of the Society, or Church in which they have their Refidence. 4? Elders cannot vote as reprefenting the People, for Election is no Act of Authority, no A& of ecclejl- afiical JurifdiEion, no AB of Government , no Deed of Court, fo Rutherford, Owen, Amefius, Bowles. So fpeaks alfo the Au- thor of the Letter concerning the Commiffions Overtures. So the full Vindication of thefe Overtures, and many others. Now if this of Election be no fuch Aft, then Elders vote not as they are Church Officers, but in common with other Members of the Congregation. But of their Right to vote more afterwards. Eleventh Objection, "the People have Liberty to except a- gainfv the Perfon elected, and if their Objections be of Weight, a- gainft his Life or Doctrine, the Presbytery will hear them, and this may f»§ce. I Anfwer. If the People have only a Li- berty to object againft the Man's Life or Doclrine, they have no more in the Church of Scotland, but what Pre- lates and Papifts allow, no more but what was allowed the People when Patronages were in greateft Force. The reverend Wit. Alexander Henderfun, when fpeaking of Electi- on in the Church of Scotland, fays * "The s Liberty of Eleftion is in Part prejudged and hindred by Patronages- and Prejentati- ons, which are ft ill in TJ/e there, not by the Rules of, their Dif- cipline, * Govern, and Order of the Church of Scotland, p. 9. Jus populi divimim. 123 iipline, but by 'Toleration of that which they cannot amend) in the mean Time procuring, that, in the Cafe of Prefentations by Tatrons, the Examination^and Trial by the Presbytery is {till the fame. The Congregation, where he who is prefented is to ferve y is called, if they have ought to ohjeft againfl his Do&rine or Life, after they have heard him, or that their Confent may be had. And if he be found reus ambitus, or to have gone about to procure a Prefentation, he is repelled, and declared incapable of that Place. 2. If this be all that is allowed the People over which the Perfon is to be placed, then they have no more but what is common to Strangers with them. And I fuppofe, though there were no confiderable Number, but only Two or Three Perfons of known Integrity, and reputed honeft Men, if they fhould come from a neigh- bouring Congregation, or as far diftant Place as John a Grots Houfe, and offer to prove the Perfon elefted guilty of preaching or teaching Error, or to be of a fcandalousWalk, this would be enough to hinder the Settlement for fome Time. 3. If this be all that is allowed the People, name- ly, Liberty to objecl: againft the Perfon's Life and Do&rine, being obliged to make good their Allegations, this is little more than nothing at all. I think there are about Nine hundred and Fifty Minifters in the Church of Scotland^ fuppofmg no Vacancies, and may be toward an Hundred Probationers, and yet perhaps a Perfon or People ihould* undertake a pretty hard Task to prove any one of thefe guilty of Error in Doftrine, or of fcandalous Enormity in Practice, fo as to flop an Ordination, and Charity obligeth us to think Presbyteries would not tolerate fuch to preach the Gofpel, where thefe are notour. What then, muft Parifhes accept of, and refign the Charge of their Souls to the Perfon called by, may be, a few Heritors, not of our Communion (or if of our Communion, fundry of them, may be, come feldom to the Church, or fuch as come only in the Afternoon, or may be only in the Forenoon, as fome principal Heritors in p.irifhes do) and as many Elders, whom, by their continued Solicitations, fair Promifes,or fe~ vere Threatnings, they have got to joyn them, be the Gifts, Parts, Piety, Prudence and Experience of the Perfon cal- led what they will ? He may be the very weakeft Man that goes to a Pulpit, a Man alfo of no real Religion in the 1 24 Jus populi divinum. the Opinion of moft that know him, and yet neither be guilty of Error in Doftrine, nor fcandalous in his Pra&ice. What then, muft the People fubmit to his Miniftry, whom the Heritors have got chofen, may be, to pleafe a Friend, I fhall not fay, fome Minifters, to ftrengthen a Party, though capable perhaps of being biaffed in this Point ? If all the People's Privilege, be only a Liberty of ob- jecting and libelling the Perfon chofen, if they can prove any Thing, then, as the full Vindication of the Com- rniffions Overtures fays of the confultative Vote of general Seifions, What an airy Privilege is this, to have their Advice asked) but without any Efficacy ? People may be very dif- pleafed with a Perfon, moft unwilling to have him their Paftor, and their Averfation may be founded on very folid Grounds, while yet they are not able to prove him guil- ty of teaching erroneous Do&rine, nor of a fcandalous Walk ; both thefe may be, and they unable to prove the Charge, or neither of thefe may be, and he unqualified for the Work of the Gofpel among them. But, 4. Tho' the Perfon chofen fhould be both orthodox, and of a blamelefs Walk, having competent Parts, and really reli- gious, yet all this is not enough, if the Lord's People de- iire a better, they ought to have their free Choice. Cah derwood confirms this, when anfwering an Objection of this Nature *, Si quis dixerit patronum non quemlibet debere noml^ 72 are, fed facro munere dlgnum, ab epifcopo examinandum, quern rsjicere potefi epifcopus, (i compertum fuerit non fatis idoneum.. To which he anfvvers, At tolliturtamen libera eh Bio dignior is > is eltgendus eft ex omm populo qui pr&ftantior efi y qui dofiior, qui fanBior, qui in omm virtute em.nentior, ut ait Qrig. And hereby the People's Liberty and Freedom of Election re- mains under Reftraint ; for though they had Power to re- ject: never fo many, yet, if they have not the Power of Election, they fhall never have the Perfon they chiefly defire, and would be moil: acceptable unto them. To this Purpofe fpeaks Mr. Park. So ApoUonii y Eleclio pafiorum^ fays he, ncn Ugata, fed libera effe debet, non pofitiva, fed compara- tive, qua ex plunbus unus eligitur maxirne idoneus. So Voetius y and others. Twelfth * Alt, Dam. p. 593. Jus populi divinum* 125 Twelfth Objection. This of giving the Teople a decifive Voice y or joynt Suffrage with Elders and Heritors, is a direct Condemning the Fra&ice of the Church 0/ Scotland in all former 'Times. Now, for Anfwer, 1. I deny that it is contrary the Practice of our firft Reformers, for they gave the Vote in Election to the People of every Congregation, as was fhewn above. 2. As for that Act which gave the decifive Voice to Proteftant Heritors and Elders conjunctly, it was never the Deed of the Church of Scotland, tho' fhe went in and fubmitted to what was appointed by the civil Law at that Time, tho' contrary her former Conftitution. But, 5. As this of giving a decifive Voice to the People, with others, perfectly agrees with the firft Book of Difcipline, and Practice of the Church of Scotland at the^Reformation, fo there is no great Difference between this and her Deci- fion, when the Second Book of Difcipline was compofed, nor between this and her Directory for Election of Mini- fters, 1649. y ea » f° finall is the Difference, that fome of thofe who oppofed the People's being called as Confenters, in the Affair of Aberdeen, at the laft Afiembly they faid, They could fee no Difference at all between calling them as deci- five Voters, and making an exaB Enquiry into their Sentiments as Confenters. And indeed I own the Difference is but fmall, while, as the Church of Scotland required,their Con- fent be enquired into, and People not obliged to object a- gainft the Man's Life or Doctrine. And, in all Ages, the Church of Scotland hath judged the People's hearty free Confent and Approbation, to be as effential to a Minifter's Call, as the Elders Election ; they always declared it un- lawful to thruft any Man upon a Congregation againft their Will, as is evident, to a Demonfttation, from her A&s and Decifions above particularized. The People were not obliged to libel the Perfon chofen, if they obje- cted, no. If it was not their Will to have him for their Minifter, or not fatisfied, that was enough. If the reve- rend Mr. George Gillefpie, in and by whom y fays Rutherford, Chrift did more than by 'Twenty, yea y an Hundred gray-hair d and godly Vafiors *, if he, I fay, was capable to under- ftand * Letter to him, which is (be 54. of the Second Part. 126 - J us populi dimnunu ftand the Sentiments of the Church of Scotland, then he aflertSj the Elders were as much obliged to give a Rea- fon why they choofed fuch a Man, as the People why they refufed him to be their Minifter ; and if it was e- nough the Elders were fatisfied, and judged him fit for that Charge, it was alfo enough to hinder his Settlement* if the greater Part of the People thought otherways. His Words, for Proof of this, have been cited above. If they had no more but Liberty to objeft againft his Life or Do- Srine, they had no Power of calling at all, for they have this Power at any Time in their Life, or the Man's Life, and will get him turned off too if they can prove him erroneous in his Doctrine, or fcandalous in his Con- verfation. And had the Rights of the Lord's People been preferved, as fecured to them .by the ASs of the Church of Scotland^ all our Confufions at Elections had been pre- vented, and I think the World had never been troubled with any Difcourfe of this Nature, though the granting the People a Negative is the very leaft that can be allowed them, as the above cited Mr. Boece afferts. Thirteenth Obje&ion. If it be the Right of the People to choofe their own Paftors, Women, as well as Men, are furely to he admitted Voters in the Eleftion of Minifter s y which is ridicu* lousy fay fome, and moft abfurd to imagine. Now, in An- fwer, i. Seeing thofe that ftand up for a Right to Heri- tors do alio allow of Heritrixes their voting in the Affair, it is ridiculous in them to ftart any fuch Objection. 2. It is as agreeable Women have a Voice in the Affair, as that Heritors, qua Heritors, fhould have a Suffrage ; and it is as agreeable to Scripture, nnd a Thoufand times more a- greeable to Reafon, that Women of Presbyterian Prin- ciples fhould have a Suffrage in the Eleftion of our Paftors, than that Heritors not of our Communion, Heritors that are avowed Enemies to our Conflitution, Heritors that long to fee our Jerufalem laid in Heaps, fhould have a Vote. 5. Tho s the Souls of Women be as precious as the Souls of Men, and tho' many Women have far more real Religion than the moft of Men in fuch or fuch a Con- gregation, and tho* fome Women are far more capable to judge in the Choice of Paftors, than many Men, and tho', in Chrift there is neither Male nor Female, both Sexes be- ing yus popuU divinum. 127 ing equally dear unto him, and tho', in the Church tri- umphant, all will be equally privileged, yet the Woman being the weaker Veffel, the Woman being made of the Man, the Woman being made for the Man, the Woman being firft in the Tranfgreffion, Man is made the Head of the Woman, and honoured of the Lord with fome Privi- leges above her in the Church militant, whereof I humbly think the Eleftion of Parlors may be one. And, as under the Law, Women were faid to be circumcifed in the Males, fo now, in the Calling of Gofpel-m'inifters, perhaps they may be faid to give their Voice in them. The Head of the Woman is the Man, fays the Apoftle, I Cor. ii. 3. 4. As our Divines folidly argue againft Romanifts and Prelatifts, for the People's Right, from the Hand they had in the E- leftion of Matthias ', ABs i. and from their Choice of the Deacons, ABs vi. fo I humbly think the Brethren only voiced in thofe, ABs i. 16. There the Apoftle fpeaks to Men and Brethren, or to Men Brethren ', as • the Words are according to the Original, ctvlpzc, aSctifyoh without a Copu- lative, by which male Brethren feems only to be under- ftood. The Number of Names, at that Time, that is, of the Men, fays Dr. Q£< p. S, ii4 J us populi dmmttin %<1 what we have all the Reafon in the World for affen- t ing to, and yet it may be prefled with Difficulties we Cannot eafily remove, nor anfwer to Satisfaftion. The re- verend profeffor Jamifon, in the forecited Place, namely t the Sixth Chapter of his Cyprianus Ifotimus, when anfwer- ing an Obje&ion or Exception of Mr. Sage his Antagonift, But what, fays he, though I could anfwer nothing to this, what though he could twifi a 'Thoufand Confequences, and each of them a ihoufand times harder than this, they would indeed he Knots and Difficulties, yet they could never much move any thai ear- fteftly conjldered what is above made unqueft ion ably clear. And fo I may anfwer in this Cafe<> CHAP. VII. WHereas, befides the People, there are fundry Pre- tenders to this Privilege of choofing Paftors, I dome now to fhew how groundlefs all their Pretences are ? And, I . Many Romanics have pleaded for this, as the undoubt- ed privilege of the Pope of Rome, the SucceiTor of Peter, to whom Chrift gave the Keys of the Kingdom of Hea- ven, aflerting, "That fuch only as have Authority from him have Right to elect, and any Right the People ever had was by his Connivance, or Conceffon from him. So Bellarmihe, and fun- dry other Roman fis' have afferted. And no Wonder then diev afcribe this Right unto him, feeing they affert he is the "abfolute Sovereign over all the Churches on Earth, over their Kings, their B'Jhops, their Peofe, and this by a divine indefea- fible Right, being the Vicar of Chrifi. But if, inftead thereof, he be the grand Antichrift that was to come with lying Won- drrs, having Horns like a Lamb, but fperaking like a Dragon^ <*nd drunken with the Blood of the Saints, the Man of Sin, and S.n of Perdition, he that oppofeth Chrift, and exalteth himfelf a- love all that is called God, above all the Gods or Kings of ?he Earth, fc that, as God, he fttith in the 'Temple of God % foewing. Jus popidi dwinum. i 3 f Clewing himfelf that he is God *, difpenfing with the Laws of God, allowing the neareft Relations to marry, and for- bidding the very reading of Chrift's Laws in his Domini- ons, while the Turkijb Alcoran is permitted, then furely Chrift never entrufted him with any fuch Power : But this his pretended Right being juftly exploded by all Pro- teftants, I fhall not infift upon it. 2. Some have pretended this is the Right of diocefart Bifbops, and fo have fundry of the Church of Rome , but if the diocefan Bifhop be an Officer the King of Zion never inftituted in his Kingdom, then furely our Lord nevei lodged fuch a Power in him ; and I think it was not till Bifhop Laud's Days, that the divine Right of Epifcopacy Was dreamed of by Prelatifts in England. Archbiftiop Whit- gift is faid to have licenfed Erafius his Book, and written upon one of the finely gilt Copies, Intm quam extra formo- por. And, by the Aft of Supremacy in Scotland, November lo\ 1669. It is enaBed, ajferted and declared, that his Majefiy hath the fuprerhe Authority and Supremacy ovet all Verfons, and in all Caufes ecclefiafiical within this Kingdom, and/ by virtue thereof, the Difpofal.of the external Government and Policy of the Church in all ecclefiafiical Matters, Verfons or Meetings, is put in his Majefly's Hand, and the Hands of his Succeffbrs, as an inherent Right to the Crown, without any Reflritlion, Diflin- (lion, or Limitation by former Laws or Cuftoms ; all ABs, Lazvfj, Cufioms, Confiitutions, contrary to the faid Supremacy, being ex- prejly rescinded and annulled. Our Bifhops, who voted in this Supremacy, never dreamed of any Thing like a jus divi- num for Epifcopacy, no, by this Power given to the King, hie might turn it to the Door to morrow, and fettle Presby- tery, or, if he fhould think meet, not only to overturn Prelacy, but declare the Roman Pontiff Head of the Churchy it could not be contradicted as being contrary to Law. 3. Some have pretended, and would pretend this is the Presbytery's Right, to choofe Paftors for People in their 'Bounds; but though the Paftors have Right to moderate at Elections, Right to try and examine, as alfo to ordain the r*erfon ele&ed, yet it is not their Right to elect. As I 2 v the * 2 Thtff. \U 3, 4» * 3 2 ffrs populi dwittuiiu the Church of Scotland hath declared, A Miniflers Call cod* fifis in EleBion and Ordination, fo fhe hath declared, 'That the Rights and Interefts of Presbyteries and People, in the Cal- ling of Go f pel-mini ft ers, is diftinB *. And Mr. Rutherford, who knew the Sentiments of Presbyterians pretty well, when fpeaking of Independents, he fays, Both we and our Bre- thren deny that EleBion is in the Hands of Church-guides or Mini- flers \, And when anfwering an ObjeSion £, namely, 'That if EleBion be abfolutely in the People's Hand, then is the People's Will, becaufe Will, the abfohite Determiner who pall be the Pa- flor to fuch a Flock, but People certainly may err, therefore the Presbytery mufl be the lafi Determiner in EleBion, and People have only a rational Coyifent, and if their Confent be irrational^ the Presbytery mufl choofe for them. Now, in anfwer to this Objection, he lays down Four or Five Proportions, which are very pertinent to the Point in Hand, and therefore I fliall not grudge to give them at full Length, the Book not being in every Hand. Firft Propofition. Neither is People infallible in chocjing, nor the Presbytery infallible in regu- lating the People's Choice, yet is Power of regulating the People's Choice the Presbytery's Due, nor is Power of EleBion to be denied to God's People. Second Propofition. Tou mufl fuppofe the Church a fettled and an eft abided Church of found Profeffors, for if the Congregation or Presbytery , either of them, he, for the moft Part, Popifoy Arminian, or unfound in the Faith, in fo far hath Chrft given neither Power to o?ie or other. Third propofition. When it is acknowledged, both by People and Presbytery, that, cf *Xwo or "Thee Men, any one is qualified for the Place, then the M n is abfolutely to be referred to the People's Choice \ and though tie People give no Rerfon why they choofe this Man rather any if the other 'Two, yet is the People's Choice reafonahle ', for, no doubt, A£fo vi. there were mere Men than thofe Seven of good Report y and full of the holy Ghoft, and fit to be Deacons, there^ fore the Multitude's Choice of thofe Seven, and their Nomination cf them to be Deacons^ rather than the Nomination of any other. Men, is rational, and approved by the 'Twelve Apoftles, tho' they gave w Repfn ; yea, tho' Nicolas be the SeB-mafter, as the hear" Afl. i $4$. A& approving Prop, concerning Ordin. f Fcac, PJea r . £ Due Rfght of P*e*b. p. 4^4. Jus populi divimim. 133 learned think, yet the Eleclion is ecclefiafiically lawful, and need- eth not that a Reafon be given to the Apofiles. Fourth Propofition. We never read in the Apoftles Churches, that a Man was obtru- ded upon the People againfi their Will ; and therefore Eleclion by the People in the apofiolick Church mufi be our Rule, as A&s i, 26. & vi. i, 3, 4. & xx. 28. Rev. ii. i, 2. Any Eleclion without the People s Confent mufi be no Eleclion, for if it pleafe not the whole Multitude, as A&s vi. 5. it is not a Choice. Fifth Propofition. We mufi difiingui[b Eleclion, and a Regu- lation of the Eeftion ; there is a Regulation of the Eleclion pofi- five, and a Regulation negative, hence the Presbytery's Powe¥ confifteth only in a negative Regulation of the People's Choice, not in a pofitive ; for Example, Eleclion is an elicite Acl of the Peo- ple, and their Birth-right and Privilege Chrifi hath given to them, and it cannot be taken from them ; if there be any Eleclion, it mufi be made by the People, the Presbytery, even in cafe of the People's Aberration, cannot ufurp the Acl of Eleclion, becaufe the Apofiles, who yet had the Gift of difcerning Spirits in a greater Meafure than the Multitude, remit the Choice of the Seven Dea- cons tb the Multitude : Ergo, the Presbytery Jbould do the fame, yet may the Presbytery negatively regulate the Eleclion ; and if the People, out of Humour of itching Ears, choofe an unfit Man t in that Cafe the Presbytery may declare the Eleclion irregular and null ; as, fuppofe the Multitude 9 A&s vi. had chofen fuch a Man, or all the Seven Men like Simon Magus, the twelve Apofiles, by their minifierial Power, might have impeded the Eleclion, or rather the "Nomination, as irregular, and put them to choofe other Seven Men, but the Apofiles could not have chofen for them other Seven, for then Eleclion Jhould have been taken out of the Peo- ple's Hands. The King may pumfi) Pafiors who preach heretical DoBrine, and vitiate the Sacrament, but the King cannot preach the Word himfelf, nor adminifirate the Sacraments, fo the Pref- hytery may regulate negatively, and hinder the Eleclion of an un- fit Man, but the Presbytery cannot do as the Prelate did, who * would name a Man to the People, and dp fire their Confent ( but Confent is not all, the Presbytery and neighbour Congregations, have Confent, but not eleclive Liberty given them by Chrifi ) but if the People refufed their Confent, the Prelate, without -more ado, chofe and ordained the Man, and fo he was obtruded on the People without any Eleclion at all. And fo far he. And what- ever Hand the Clergy had in Eleftion* of old, yet Biffin I 3 owns, 134 J us poputi divinuml pwns, If hat if the mofi Part of the People did agrte^ they carried the Election from the Clergy , as was noticed above. And the reverend Mr. Lawder, as an Addendum at the Clofe of his Ancient Bijbops confidered, fays, Very well We can think, thai the People could do more than all the Presbyters in the Election of the Bifhop, for when Cyprian was made Bijhop of Carthage, there were Eight Presbyters in that Diocefe, of which Six did cppofe his Election, and only l!wo of them approved thereof, yet the Suffrages of the Body of the People, and the Iwo Presbyters carried the Election of Cyprian to be BiJl)op, notwithftanding of the Oppofition made by the Six Presbyters, and their Adherents, or thofe who joyned with them. The Author of the Letter concerning the Overtures tranfmitted by the Ccmmijjion, fays, Tie never heard Minifters claim this Eight *, and I wifh they never may. But, 4. Some pretend this is the Right of Elders, aiTerting the decifive Voice in Ele£Hons belongeth only to them. And could I feen Foundation from Scripture for giving the decifive Suffrage to Elders, it is what my private Inclina- nations did lead me to, in regard this hath been the Pra- ctice of the Church of Scotland for fome Time, and in re- gard that generally Elders are among the mod judicious and pious in Congregations, tho',as is too well confirmed in daily Experience, fundry of them are far enough from be- ing Proof againft fair Promifes, fevere Threatnings, and continued Solicitations to vote for fuch as are neither their own Choice, nor yet the Choice of People in their refpeSive Diffri&s or Bounds. I own the Tilling Elder is an Office-bearer of divine Inftitution, an Office-bearer of the King of Zions Appointment, an Office-bearer in the Houfe ot God, and Church of Chrift, to whom double Honour, Love, Efteem and Refpe£t is due, upon his ru- ling well, an Office-bearer to whom the Lord hath com- mitted weighty and honourable Work, an Office-bearer that watcheth for Souls, as one that mud give an Account. And as it is the Duty of all, fo there are fpecial Obligations upon Elders to be concerned to have their refpective Con- gregations planted with able Minifters of the New t Tejla- ment) * Page 17. Jus populi divinum. * 35 ptent, With Paftors according to God's Heart, and, no doubt, they have a decifive Voice, with others, in this Affair ; and I think it is not unfit they have the Prece- dency, going before others in voting, and I think People Jhould confult with them anent a Perfon to be their Mi- nifter, yet ftill I deny that it is their peculiar Privilege, as Church-officers, by any divine Right, to call Minifter$ of the Gofpel, I fee nothing in Scripture to countenance this. To give the decifive Suffrage to Elders for preven- ting Confufion, is to copy after fuch as gave away the Go- vernment of the Church to diocefan Bifhops, for avoiding Schifm, Divifion and Confufion*. No Precept in Scrip- ture for giving the decifive Voice to Elders, no Promife to this Purpofe, nor have we any Scripture Example for this. No Scripture Inftance can be given, where one Part of a People or Congregation have the decifive Voice, and the reft of them only the Liberty of contenting ; and to fay, perhaps Elderfliip s were not erefted in the Apofiles Time* is a Yielding of the Caufe, yea, this would be a Yielding they are not of divine Institution, yea, to fay that per- haps there were no Elderfliips ere&ed in the Apoftles Days, is the fame, as to fay the Church was defe£hve in one pf its conftituent Parts in their Times. And I have known Elders, who, inftead of reckoning this a Privilege, have wiihed that fuch a Power had never been lodged Jn them, when at the Calling a Minifter chey faw they behoved ei- ther to difoblige the greater and better p ire of the Con- gregation, aft againft the Light of their own Confciences, and fo difpleafe God, in voting for fuch as were not their Choice, or elfe bp beggared, the Mafter of the Land threatning prefently to purfue them for all Bygones, or turn them out of Houfe and Hold at next Term, their Tac{c Being done, though their Anceftors have had a comfor- table Living there for many Generations. And there is fa much undue Influence ufed at Eleftions in the Church ot Scotland, in many Places, this Day, that it is a Queftion if our Method of Ele&ion, by voting viva voce, would not be fitly changed to that of giving the Suffrage fcriptis fche- I 4 dul'ts^ ? Lond. rainift. Yiiulicat, p, 3 0. %Z$ Jus populi dimnum. dulls, in a %hedule or Piece of Paper, writing the Man' Name they are for ; or, it is a Queftion, whether, as Hi- (tory bears *, it was aCuftom in ancient Times, People, at voicing, fbould not be obliged, with their Voice, to make folemn Declaration, their Suffrage is altogether free, and no way the Fruit of undue Influence. And whatever Re- gard was due to the Judgment of Elders formerly, yet, if the Method of making Elders be followed which fome are taking, namely, the making them without the Congregati- on's Confent, and purely to ferve a Turn at the Eleftion tof a Minifter, or the like, then their Judgment is furely of fmall Weight. And it is to be regreted, that, in fun- dry Places of the Church of Scotland, they are ordained Elders, who have not the Worfhip of God in their Fami- lies, tho' our Afts of AlTembly be pointed and very exprefsj that none fuch fhall be Elders, yea, if any fuch be alrea- dy ordained, the Church of Scotland hath exprefly appoin- ted, that they be depofed by the Presbytery j\ Some are faid to be guilty here, that pretend the greateft Venera- tion for our A&s of AiTembly, and, if they be not obfer- Ved to a Nicety in other Things, are ready to fay, it is as a Sword at their Hearts to fee them disregarded. But, 5. Some pretend this is the Right of the civil Magiftrate t and fome fet up for Magiftrates and Town-councils in Burghs, as the main Electors. Bemonftrants and Eraflians, feeing they could not prevail with the People in Holland to choofe Men of their Principles, they pleaded for this as. the Magiftrates Right £ Magiftracy is God's Ordinance, Mag Urates are God's Vicegerents, God's Minifters, as it is Duty to pray for them, fo alfo to honour and refpe& their perlons, to pay Tribute and Cuftom to them, to obey all their lawful Commands, to be fubject to their Autho- rity, ard that not only for Fear of Wrath, but for Con- ference lake ; and tho' they have no Power in facris, yet they have meikle Power circa facra, as our Divines fpeak, fcut concerning this Right in them there is nothing in Scrips * Ho Alf» l!$j>7. A& 7. £ Via* Pol ccd. Par. 2. p. 557. yus populi dwinum: 137 Scripture. Mr. Henry commenting on ABs xvi. f. fays, * He * that called the Apoftle to come over into Macedonia was * not a Magiftrate of the Country. The apoftolical Canons, confirmed by the fixth General Council at Conftantinople, depofeth all Bifhops ohofen by the civil Magiftrate *, h T j* «T/(r»toToc, &V« If Mj Bijhop obtains a Church by means of the fecular Towers, let him be depofed %nd feparated from Commu* nion, with all his Adherents. And this Canon was revived by the Cecond Council of Nice, which fome call the feventh general Council.The Magiftrate, as a Magiftrate, is not a formal Member of the Church, as Rutherford fays f, and therefore furely as fuch he cannot have Right to nomi- nate or elefl: ; his Authority as a Magiftrate may be va- lid, tho' a Papift or Infidel, for, as our Conjejfion fays, Infi- delity or Difference in Religion doth not make void the Magifirate*s jufl and legal Authority , nor free the Veople from their due Obe- dience unto him. The Meaning of which I take to be this, that tho* Infidelity or Difference in Religion doth not make void one's Authority where it is lawfully inverted, and where the Magiftrate rules according to the good and wholefom Laws of the Land, the People having engaged to him,and he keeping his Coronation Oath to them,yet Infide- lity or Difference in Religion may incapacitate a Perfon, and lawfully feclude him from the Government. Our Confejfion {"peaks not of Right, but Authority which a Perfon hath, not till he come to the Crown, then he receives princely Authority, as is afferted in the 8 Chap, i Pari. Jam. VI. by which Aft, all our Kings are obliged to maintain the true Religion, and to abolifc all falfe Religions, among which Popery was then judged to be. And tho' our Confejfion fays, Infidelity, or Difference in Religicp doth not make void the Magifirate'sjuft and legal Authority, yet there is nothing therein to hinder a King and Parliament juftly to ena£r, that all fuch be excluded from the fupreme Authority, as by their Principles are obliged to do their utmoft for rooting out the true Religion, inftead of maintaining thereof. And it can never be imagined, that an AiTem- bly of fuch judicious Divines, as that which compofed our * Can. 29. t Due Right of Presb. p. 399. s3$ Jus populi dt&intim. our Confeffior^of Faith , who both by Preaching and Printing did fo much encourage the Parliament ( that called them ) in their oppofing King Charles I. difplaying a Banner for his Prerogative, againft Religion, Liberty and Law, tho # they, nor Presbyterians were never for taking away his Life. I fay, it cannot be imagined, what Way they could drop this as a Principle and Part of our Religion, which would deftroy and facrifice all Religion to the Luft of a raging Tyrant, were that Pofition to be underftood in the Senfe of fuch as fet up for indefeafible hereditary Right, paffive Obedience, and Non-refiftance. And it is jufy, Proteftants fhould have as much Concern for the Security of their Religion as Romanifis for theirs ; and it is known, none can have the Throne in France, Spain, Voland, and other Popifh Countries, that are not of the Popifh Re- ligion . But to return, if this be the Right of a Magiftrate as a Magiftrate, then it is the Right of every Magiftrate, whether Jewifi, Heathenijh, or Chrifiian, for quatenus ipfum includes de omni, fay the London Minifters *. But further, this is a fpirituai and ecclefiaftical Privilege, as hath been fhewn above ; and Magiftrates, and Town-council in Burghs, are chofen to manage the civil and fecular Af- fairs of the Town or City only, and often they are far enough from being the moft religious in the Place. He may be a Magiftrate in a Burgh, and a Counfeller, and yet have no more Concern about his own Soul, nor the Salvation of the Souls of others than a Brute. He may b? a Magiftrate or a Counfeller, and have the chief Hand in managing the Affairs of a City, and yet inclined to the Avian Scheme, or a Leifi, denying the Scriptures to be the Word of God ; or a Dodwelian, looking on Presbyterian Mi- nifters as deftiture of Authority to preach the Gofpel of Chrift ; a Magiftrate or Counfeller, and yet be drunk every Night before he go to Bed, and have little or no Regard to the Lord's Day ; a Magiftrate or Counfeller, and yet dread nothing more than that a faithful Miniftry fhould be fettled in the Place ; a Magiftrate or Counfeller, and Jus legim. p. Eo. Jus populi Aivinum. '139 and yet a Perfon that could not be admitted to partake in fealing Ordinances. Thofe honeft Presbyterian Minifters who drew up the Grievances as to the fecond Indulgence, 1672,. in the firft Head they fay, The A&s anent it appear to its to be nothing elfe but the a&ual Exercife of Eraftianifm, in f> far as the Council is pleafed not only to difpofe on Perfons and Places, but to make Application of Perfons to Places for the Exercife of their Minifiry, as if it were proper to the Magi* fir ate to judge of the fpiritual State and Condition of the People. No doubt Magirtrates are to be regarded, and People ar^ to confult with them, and their Judgment, fi pit Q? fi deles, is much to be regarded, and they may have Precedency in voting, but nothing like the fole or main Power in E- leftion. But, 6. Some have pleaded, and dp plead, this is the Right ef Heritors above others, to eleB the Paftors, at leafl of Congre- gations where they rejide. No doubt, as I faid before, civil Refpe£t is due unto Gentlemen, according to their Qua- lity, Birth, Blood, Wealth and Station in the World, and it is a great Mercy to the Church of Chrift when the rich among the People, and perfons of greater Influence in a Congregation, are ready to join in the calling of faithful Gofpel Minifters, and double Honour is due unto them if jreally religious, and People ought not only to confult with fuch, but alfo to have a Veneration for their Judg- ment : But feeing there is not a Word in all the Book of God to countenance this of giving the decifive Voice to them, excluding People of an inferior Rank, tho* never fo religious, their Plea is grountjlefs. This is a Privilege belonging equally to rich and poor, as hath been fhewn above on the eighth Proportion; as alfo the Confufion which their voting, 3S Heritors, frequently occasions as to their civil Rights, of which Minifters of the Gofpel are not competent Judges, is Argument enough againft this, feeing there is nothing in Scripture for Proof of their Pre- tention or Right in the Affair, as was alfo hinted above. This is a fpiritual Privilege, which Heritage, or Ridges of Land can never entitle to. And it would loo{p too like a Lording it over God's Heritage, were Minifters of the Gofpel to take this fpiritual Privilege from the People, becaufe they have not earthly Heritages, giving; it unto Lords 14° J us populi divinum'. Lords and Lairds. Bifhop Bilfon having objeSed, That Hinds or Country-fellows at Service have not Riches to pay a Part of Minifiers Stipends, and therefore fhould not be allowed the Privilege of Calling. In anfwer to him, Calderwood fays, AgricoU non minus funt membra ecclefit quam ipfe dominus vilU y &c. Plowmen are no lefs Members of the Church of Chrifi than the Lord or Laird of the Land, and in Chrifi there is not bond and free, but all are free. If they are to be excluded from this Liberty, to wit, of Election, they may a!fo be excluded from the Church it J elf on this very Account, that they are Country-fel- lows, Plowmen and Servants. And what Heritor is he that looks not on Patronages as a Grievance, if it be not Pa- trons themfelves 1 And fhould this Privilege be lodged in the Quality, would not the Gentry complain of this as an unjuft Ufurpation ? or, fhould it be lodged in Two or Three of the oldeft and richeft Families, Two or Three of the richeft Heritors in the Parifh, would not the reft complain and cry out of this, as an unaccountable En- croachment upon their Chriftian Liberty ? And as good Ground have People that are not Heritors, or People of meaner Circumftances to complain in this Cafe. May not one be a considerable Heritor, and none of the wifeft of Men for all that ? Fortuna favet fatuis. May he not b£ an Heritor, and a very confiderable Heritor too, and that in a Score of Parifhes,being worth upwards of Ten or Twelve Thoufand Pounds a Year, and all that Wealth been gain- ed by Carding, Dicing, and other Games, and the weal- thy Heritor be one to whom Prelatiits and Presbyterians, yea, Papifts and Proteftants are alike ? let him but have the Bag, tho' he fhould damn all Paftors to the Pit, is it not a reasonable Thing, feeing he hath the World, ( no Matter how he got it, nor how he ufe it ) that he be ho- noured with this fpiritual Privilege of choofing Paftors to others, tho' he refolve, may be, never to hear them fo much as once himfelf ? But fundry Things are objected here. Firft Objection. Heritors pay the Stipend, and therefore rea- fonable they have a Suffrage in calling Minifiers beyond People of an inferior Rank. Now, for Anfwer, I. Albeit Minifters Stipends come ordinarily through their Hands, not a Far- thing of it comes out of their Pocket or Purfe; may not a Jus populi dwinUrii. 141 a Man buy as good a Bargain of an Eftate that pays the whole Stipend, as if it paid not a Peny ? Minifters have their Stipends out of the Tithes, which are by Law ac- counted the Church's patrimony, and what the Heritor cannot pretend a Right unto. But, 2. Grant the Mini- fters Stipend came out of their private Eftates, that would not be a fufficient Argument for giving them the Choice of Gofpel Minifters. Dr. Stillingfieet having afferted, "That the Liberality of the Northern Princes in endowing Churches , all fuch as are litigi- ous, for fometimes there is little Difference between a rich Laird and a poor, but a Plea of Law, all that have numerous Families and are not frugal, and all Heritors that have prodigal or fpendthrift Heirs, all that have bought Land and cannot get it paid, all that are tranfaft- ing anentthe felling their Heritage, and all that are buy- ing better Eftates with better Manfion-houfes, and the like, they fhould not be allowed a Vote ; for either it is probable their Eftates may be gone in a little, or they fhall have better Manfions, and fo will refide elfewhere. As Mr. Lawder fays, In a City or Corporation, the poorer Bur- geffes are not deprived of their jufi Privilege of giving their Suf- frage in the Election of the Mayor, on Pretence that they may perhaps be obliged to remove forne time afterward, and dwell in a neighbouring City cr Place for greater Conveniency of Living. And neither fvould the poorer Sort of Believers and Sons of God, •r Brethren of Jefus thrift, fuch as Farmers, I'radefmen, or Servants, be deprived of their juft Right of giving their Suffrage in the Election of a B'ftop or Paflor, jor the Church or Congrega- tion of which they are Members at the "Time, btcaufe perhaps fome of them may remove afterwards, and dwell in a neighbour- ing Church. And I am fure, all that propofe this Objection, they cannot but heartily condemn the Practice of allow- ing a Voice to non-refiding Heritors, and fo ex malis moribus oriuntur bon& leges, and pleading againft the People, be- caufe they may remove, they will furely proteft agarnft non-refiding Heritors. Third ObjetHon. Prudence requires tl is, for Jbculd Heri- tors, and I may take in Magistrates, be deprived of a decifve Voice Jus populi divinunu 14S Voice above others, this would irritate to a Pitchy and make them Enemies to our Confiitution, and do their utmofi to have the Vatrondge AH riveted upon us, and rigoroufly put in Execution* Now, for Anfwer, I. Such Heritors as look on the Scrip- ture to be our Rule and fole Judge of Controverfies, fuch as are loyal Subjefts of the King of £ion, can never be difpleafed at denying what the royal Law of Heaven doth not allow upon them, What Heritor that's rich in Faith, and rich in good Works, and hath a Right to the heavenly Inheritance, will plead for a Chrifrian, fpiritual, ecclefia- ftical Privilege above others, without Inewing the War- rant of the King of Zion for it 1 And to fay Prudence re- quires this, is to accufe him, that's the Wifdom of God, of Imprudence, feeing he hath determined otherwife. Is not this carnal Prudence ? As we are to be wife as Serpents* fo we are to be harmlefs as Doves. Would it not argue com- mendable Prudence for the Church of Scotland, to grant tinto Heritors the Choice of fuch as fhall be licenfed to preach the Gofpel, fhould they threaten to turn Enemies" to our Conftitution unlefs this be granted them T Howe- ver high Men may be in this World, yet, as the reverend Mr, Hog fays *, No Degree of Elevation, nor any Advantages they enjoy beyond their Inferiors, can warrant them to attempt any 'Thing injurious td the Liberties of ChrijFs Kingdom. Crown- ed Heads have none fuperior to them among ft Men, yet their Care of the Churches of Chrift, as defined and fpecijted in the gracious Vromifes, is a nuvfing Care, which in the -plain Sevfe of the Wofds, and in all Propriety of Language, implieth a Cart that promoteth, and doth not in the lea ft intrench upon the Im- munities of Chrift's Kingdom. No doubt, Heritors have a Suffrage with others, and to grant them Precedency irs voting is what fhould not be grudged, but to 1 crave a Vote as Heritors, and a Vote more than others is their Sin, and being unlawful in it felf, an A£t of Parliament or Af- fembly can never make it juft. ' Brit, 2. Tho* fame He- ritors fhould be difpleafed to the higheff Degree, it is better to pleafe God than Man, and fhould Minifters of the Gofpel pleale Men they fhould not be the Servants of K Chrift. * Right of CKurch Members, 9 c, p. 9. 146 jf us fopuli divinam: Chuff. And fhould they turn Enemies to our Conftituti^ on, we have Ground to hope God will be our Friend, and he hath the Hearts of all Men in his Hand, and if he be for us, he can foon make our Enemies to feek our Good, making Friends of Foes. But, 3. If this of the People's choofing their own Parlor be, as Dr. Rule affirms, a Grant, Wight and Legacy which Chrifi hath bequeathed to his People in his < Tefiament, the Infliiution of Chrifi, and the Or- der he hath appointed in the Go/pel, as I am perfwaded it is, then furely 'tis better have all the Heritors and Magiftrates in Britain, yea, and all the Rulers and Parliaments in the "World againft us becoming our ftated Enemies, and that Minifters were turned out of their Churches^ and fent to wander about in Sheep-skins and Goat-skins, being defti- tnte, afflicted and tormented, than that the Church of Scotland fhould make an AcT, depriving the Spoufe of Chrift of that Privilege and Legacy her bleffed Bride- groom hath bequeathed unto her in his Teftament. 4- For what is faid in the Objection of Heritors doing their ut'moft to have the Patronage Aft riveted upon us, and rigoroufly put in Execution, I anfwer, 1. We have Ground to blefs the Lord for a Sovereign upon the Throne, who is friendly to the Church of Scotland, and I am perfwaded, were our Grievances as to the Head of Patronages, fairly and faithfully laid before him, and * Were it reprefented to the Parliament, that it is judged by the Church of Scotland to be a Breach of the Union Act, by which all her Rights and Privileges are fecured unto he?, (he fhould not want a Red refs of this Grie- vance. But, 2. For my Part I know little Difference be- tween the Aft eftablifhing Patronages, and the AS: .de- termining Heritors and Elders to be the legal Callers, if, as feme would have it, People have nothing to fay in the silling of Pallors, unlefs they have to obje£t againft the Man's Life or Do&rine. And if the Call by Heritors and Elders was nothing but an extended Patronage, as was ■ ;afferted in the State of the Cafe *f Lochmaben Settlement^ printed, for informing the Members of AiTembly, in 1724^ 2nd for vindicating the Ccmmiflion's Conduct in that Af- and if the full Vindication of the Commiffion s Overtures^ n pi fading for the Voce m ( G i mra l Seffi+itr, had Ground to Juspopuli dwinunu i$y to fay, the Elders of particular Varices are fo few, that f° lodge the calling of Minifiers fdlely in them, together with th*. Town- council ', were really making the 'Town-council Patrons, an^ in Effeft e/lablijhing Patronages in Burghs by an Aft of AJfembly : Then I'm fure there is Ground to fay, that Aft lodging the Right of Calling in Proteftant Heritors, and r lders made the Heritors Patrons in many Parifhes in Scotland^ as in the forecited Parifh of Aberdour, in which Thirteen or Fourteen Heritors voted, whereas there were but Eleven Elders, and upwards a Score of Feuars might have asked and had their Votes ; fo that grant the Elders did repre- fent the People, yet by that Conftitution they are depri- ved of their Right, and the Heritor is dominUs fac totum in the Affair, and fo in many Burghs, as in a late Election: in Kirkcaldy, in which, as I am informed, upwards of Twenty voted, or might have voted as Magift rates and Counfellers, and about Forty voted, or might have voted as Heritors, whereas the Elderfhip confiffs but of Twenty two Perfons. And I wifh fuch as tell us, the Elders re- prefent the People in Elections, and the People's Right to elect is preferved by their voting in their Name^ would fhew us how their Right is preferved in fuch a Cafe as this, what is this but an extended Patronage 1 B\it % 3. Tho' that A& fhould be put in Hxecutipn to the tit- moft, that Would not be the Sin of the Church oi Scotland^ for in that Cafe fhe is only paffive ; but if now, when Overtures are under Confederation anent this, fhe fhould make any Acl depriving the Chriftian People of their Right, fhe would be finfully aftive. Doftor Lindfay, t fuppofe the fame who was made Bifhop of Brechin af- terwards, being pofed in Confcience at Perth Affembly as to the Articles thereof, confeffed, That they had neither Reafon nor Scripture, nor Antiquity for them, yet to avert the King's Wrath XleUing was befi *. But fuch carnal Prudence is to be detefted. 4. I have heard forne fay, That tho' we are not for giving Heritors a Vote qua Heritors, or as they are Heritors, yet they are to have a Vote, and the Church of Scotland gives them a K 2 Vote * Proceedings of Perth Aff. p. 9. X4& J? 113 poputi divimim. Vote as they are principal Members of our Congregations. Now* for Anfwer, I. Tho' it fhould be yielded that they are principal Members in Congregations where they refide, yet they cannot be reckoned principal Members where they refide not, nor are they Members there I think in any refpecl:, elfe one might be a Member, and a principal Member of a Hundred Congregations at one and the fame Time ; fo 'tis certain non-rending Heritors vote qua Heri- tors, and under no other Consideration. And, z. Tho' I fhould yield, that Heritors of our Communion are prin- cipal Members in our Congregations, yet Heritors not of our Communion are neither principal Members, nor Merri- bers of them at all, and therefore it is moll abfurd to grant them any Vote. Romanifts, yea, Pagans are as much Members in Presbyterian Congregations as thay can pre- tend ro be, while they neither hear nor partake in feal- ing Ordinances with us. 3. I affirm, that Heritage or .Ridges of Land, whatever they do in the Common-wealth", will never make one a Member, let be a principal Merri- ber of a Chriftian Congregation, and I know not what elfe fhould make them fuch bur their having fuch or fuch an Inheritance, or worldly Intereft therein. It is a Per- frn's excelling in Grace, fpiritual Gifts, and real Religi- on, which makes him a principal Member of a Chriftian Congregation, and where Heritors are found to excel in thefe, r frankly own they are principal Members in Con- gregations where they refide. The Erafiian v edelius ha- ving advanced fometh'ing like this in favour of the Ma- gistrates Right to eleflt Paftors for Congregations, the learned Apollonii, in his Anfwer, fays, Non enim magiflratus fufcepimus cum domino Waleo & He\michio y pro prtcipuis eccle- (it memhr'iSy n>fi prxcipuis fpiritualibus donis Jlnt email. And furely where rhefe are wanting, the gold Ring and gay Clothing, the full Coffer and large Eftare, they ftand for norhins; in this Cafe. But, 4. Grant that Heritors were to be looked upon as chief and principal Members in Chri- ftian Societies, this could not give them Right nor Privi- lege ro vote beyond others ; were principal Members to have a Voice more tharr fellow Chriftians, this would orcanon Confufion with a Witnefs in the Ele&ion of Go- spel Minifters. The la ft named Author fpeaks excellently to Jus populi divinum. 1^9 to this Purpofe *, Nee enim, &V. Neither do tot attribute any more Right in EleBion to fuch as are chief er Members be- yond others that are not fo choice , for we obferve no fuch D/- fiinHion of Right , in the PraHice of the Apoftles in Ele&ions, where , without Difference, the fame Right was allowed to all the faithful Members of the Church. 'This would introduce into the Church haughty Confujlon, fertil of Contentions, oppojlte to the Condition and Nature of the Church, if every one were to have lefs or more Right in the Church according to the Meafure of Gifts, and as his Condition is greater or lefs. 5. In all other Societies, whether civil orecclefhftick, it would be reckoned unjuft and abfurd to talk of giving a deciilve Voice to principal Members above others, and there is fully as much Reafon to fay, that principal Members at the Ele&ion of Magistrates, or Members for Parliament, or that principal Members in Seflions, Presbyteries, Sy- nods, or General AiTemblies, fhould have a Voice be- yond others, as to fay, that principal Members in fuch Chriftian Societies as our Congregations are, fhould be preferred in the calling of Paftors to overfed their Souls, our Lord having hinted nothing of this in all his Word. However after all, I grant, that when the Lord's People come to eleft their Paftors, they may pleafe, and I think they fhould pleafe Perfons of Note, Diftin&ion, ard greater Influence in the Congregation, in as far as this can be done with a good Conference ; and ceteris paribus, it were reafonable to eleQ fuch as thefe are, for, rather than another, if as deferving and meet to be their Pa- ftor in their Efteem, yet notwithftanding Heritors are not to be' complimented with the decifive Voice ; 'tis better for People to choofe, and Minifters to ordain Paftors, con- trary the Inclination of Heritors, tho' the Settlement fhould prove lefs defirable to this or the other particular Minifter, than crofs an Inftitution of Chrift. 7. Some pretend, this is the Right of Patrons to elett Pa- ftors to Chriftian Congregations, As for Patronages, thev have been reckoned a Grievance to the Church of Chrift in all Ages. Beta fays, They were devifed in Satanas coquina, in K 2 the Jus mag. p. i$3. par, r. i jo yus populi divinunf. the Devil's Kitchen, Abfurdum eft, fays Calderweod *, it is fin abfurd 'Things that a Patron who is one y and but one Mem- lev of the Churchy that he [hould claim that which is the Pri* vilege of the whole Multitude. And it is yet more abfurdy that this R'gbt of Election ould he transferred to his Heirs or others If Donation or Permutation. And indeed it is a moft abfurd Thing, that fuch a fpiritual Privilege, as the Choice of a Paftor, {hould be purchafed by Money, or go with fuch a Piece of Land. Patronages , fays Rutherford, take away an Ordinance ofChrift y becaufe the People have Power to choofe cut of many one fitteji and moft qualified f. Principal Rule calls Patronages, an oppreffing of People in their fpiritual Rights, and fays, they are a greater Bondage than if the whole Parillo Were obliged to eat nothing but what the Patron pleafeih. And I may fay, a greater Bondage than if they were allowed to match with none but as the Patron plea- feth. Many have written to excellent Purpofe againft Patronages, fhewing the Sinfulnefs of them, and particu- larly Mr. Parky in his excellent Treatife of the Rights and Liberties of the Churchy Sec. dedicated to the Minifters of £ne Church of Scotland. There he fays, We have but too much Reafon to apprehendy that this unjufi and unwarrantable Ufurpaticn, is one of thefe crying Sins for which God hath been provoked to lay wafle moft of the great families of the hand. But not to infill here, as the Church of Scotland from the Keformation, and other Proteftant Churches, have decla- red againft Patronages, and many in Writing have addu- ced unanswerable Arguments againft them, fo to me all, or moll of their Arguments to an Hair's Breadth, they ftrike equally againft giving the deciilve Voice to any elfe but the People, while you leave nothing to the People but Liberty to objeO: againft the Candidate's Life and Doc- trine. And it is worthy our noticing, that fuch as write againft Patronages, they always ftate the Oppofition be- tween the Patron and the People, and never between him and the Elderfhip, or him and tjie Presbytery, him and the Heritors. In pleading agaiaft Patronages, they ftill urge f Alt. Dam. p. 592. f Duc Right of Piesb. p. 464. Jus populi divinum. 151 firge, that it is the Right of the People in Oppofitjon to him. And if it be ftill afTer ted, it is the Privilege of any of thefe y whether Magiftrates y itown Counfel\lers y Presbyteries y Elder s y Heritors or Patrons', I ask, Quomodo conftat ? how doth it appear ? to me it is gratis diilum y and I defire fuch to fhew Scripture-pro nnife, precept or Example, for found- ing their Right to this, for I can fee none of thofe. And de non apparentibus & non exiftentibus idem eft judicium ; furely Debates of this Nature which concern the Media- tor's Kingdom, and Intereft of his Church, they are to be decided by the Law and Teftimony, Ifa. viii. 20. Let Calls be given by whom they will, they are a rob- bing of the Church of Chrift, a robbing the Lord's People* if Minifters be placed over them againft their Will, tho* Magiftrates, Heritors, and major part of the Seffion, alfo were made to be againft them, if Calvin s Judgment be of any Weight, then he fays *, Eft enim impia ecclefi* fpoliatio 9 &*c. it is an impious or wicked robbing of the Churchy as often as an Overfeer is thruft in upon a People whom they have not de~ fired, at haft whom they have not approven by their free Vote er Voice* CHAP. VIII, I Come now, according to the Method propofed, to conclude this Subject with fome Corollaries. Firft Corollary. Have People a Right from Chrift to elect their own Paftors y then furely they have Right to plead for a Voice in the Affair, and Ground to proteft againft Settlements made contrary to their Inclinations. For, as Mr. Bowles fays f* Populo id peculiar e y &c. this is peculiar to the People, that they animadvert cautioufly y that nothing be done by the Governors ( to wit, of the Church ) to their Prejudice or Detriments K 4 And Inft. lib. 4« cap. s» fc&. 3. t Paft» cvang. p. 1$. 152 yus populi divinum. And if they do not this, I think they are guilty of under- valuing Chrift's Gift and Legacy. Mr. Gillefpie tells it fron* 'thuanuSy to the Commendation of the Inhabitants of Mag- deburgy that they would not make Peace with a certain E- nemy but upon thofe Terms, that they fhould have the Right of calling and conftituting the Minifters of the Church *\ 'The Decrees and Determinations of Church Judica- tories , when consonant to the Word of God, are indeed to be received with Reverence and Submiffion, and that not only for their Agreement with the Word, but aJfi for the Power whereby they are made, as being an Ordinance of God appointed there- unto in his Word y as fays our Confejfion of Faith -\. But tho 5 a Presbytery, Synod, General AiTembly, or oecume- nick Council of the greateft Divines were to decree, or- dain and appoint Minifters fhould be fettled in Congrega- tions whether the People confent or not, it would be fo far from Sin, that it would be commendable Duty to re- fufe Compliance with any fuch Settlements ; if there be Truth in the 21 Article of oar old Confeffion of Faith, to which we ftand folemnly engaged, namely, 'That if Men, und^er the Name of a Councily pretend to forge unto us new Articles of our Faith, or to make Confiitutions repugning to the Word of Gody then utterly we mufl refufe the fame as the Doc- trine of Devils, which draweth our Souls from the Voice of cuv only God, to follow the DoBrine and Confiitutions of Men. Second Coroll iry. Is it the People's Right to choofe, as it is the Preshytrry s to licenfe, then Presbyteries fiould be concerned to he ".nfe fuch, as ferious godly People may have full Freedom cheerfm ly to chcofe. Men of real Piety ic as far as Men can tudge, Men of experimental Knowledge as well as of Parts, Men exerciied to Godlinefs, for it is when the Lord's Priefts are clothed with Righteoufnefs that his People and Sunts they pout for Joy i. The reverend Mr. Cowper, when fpeaking of hcenfing Men for the Miniftry, fays, It is a vers great 'Trufi that is committed to us ly the Lord y thefiand- ing of the Church, and the flour; filing of Religion is very much upon it We ought to have good Ground in Charity to think ♦ Pop. Cerem, p. 282. t Chap. 31. pax. 3. $ IJfl* exxxii. 9. Jus populi dwinuin. 153 think the Men ferious Chrijlians we admit to the Miniftry *. Men of Learning and pregnant Parts, without Piety, have, in all Ages of the Church, been her greateft Plague. We ought not to content ourfelves with negative Rvidences,or negative Knowledge. Here, as Mr. Durham fays, when fpeaking of trying a Perfon on this Head f, 'That we our felves know no Evil of fuch a Per/on, and the like, that will not fujficiently exoner us, \ that we know nothing againft his being ferious in Re- ligion , is far from being enough to fatisfy the Confcience ; and he, viz. Mr. Durham, cites Mr. Wood, faying, A mere fober, not mocking, ferious Profeffion, without more, is not a pofttive Appear- ance of fpiritual Jupernatural Sincerity, which he reckoned needful in this Cafe, and much more he hath to this Pur- pofe, when treating of mini fieri al Qualifications, learning, Gifts and Parts, without Grace, have done much Hurt to the Church of Chrift, and therefore this, fo far as can be known, is efpecially to be look'd after. Cupit abs te ornari diabolus. Weighty are the Words of the reverend Mr. J-a- mifon -^, and I confefs they reach a Reproof. Surely that Pa- fior, who lays his Hand upon the Head of an Intrant, and yet cannot fay, from his own proper Knowledge, that the Intrant is endued with that Piety, Learning, Wifdom and Prudence which is required in a Minister of Chrift Jefus, has a fad and fearful Account to make to the great Judge of the World ; and I fear, adds he, that too many be guilty, and that this Sin is none of the meaneft Grounds of the Controverfy God is this Day pleading with this miferable and oppreffed Kirk. This was printed 1713. And as it is applicable to the ordaining, fo alfo to the li- cenfing of Teachers ; and I heartily wifh the many excel- lent Rule§ the general Affembly of this Church hath gi- ven, as to the licencing of Probationers for the Miniftry, may be pun£tually obferved, and particularly thnt which requires Presbyteries to enquire, what Senfe and Impreffion, the Perfon to be hcenfed, hath of Religion upon his own Soul *. liird Corollary, Hath Chrift given Right and Liberty to his People to elect their own Paftors, then they fhould be con- cerned how to improve this Privilege. They ought to be deli- berate * Ser. on Mat. ii. 8, 9. p. 48, f On Rw. p. 206. £ Sum of epif. Contr. p, 54. * Afl. 1711. Aft 10. 1 54 Jus populi divtnumi berate in their Choice, for we muft reckon as to our Im- provement of all Talents and Opportunities, as to the Ufe we make of all our Privileges and Liberties. A rafh Choice here may occafion Mourning for many Days. This is a Matter that nearly concerneth the precious Soul, a Matter of vaft Importance, not only to themfelves, but alfo to the Souls of others. Here People are 1ruftees for others. This is a great Truft committed to them from the Head and King of the Church, and, if carelefs in Ma- nagement thereof, they fhall reckon for it. People are not left to call whom they will, as Durham fays, If it were a Deacon, he is to be a Man full of the holy Ghofl. The Paftor muft not be one that is fenfual, wanting the Spirit, but fuch as, in the Judgment of Charity, prays with the Spi- rit, and preaches in the Demonftration of the Spirit, and of Power *. None of fuch as, may be, fecretly mock at praying or preaching with the Spirit. They are to choofe fuch as are able Minifiers of the New 'Teflament f. They would beware of fuch as only or mainly preach and prefs moral Duty, and ftudy to build up a natural Religion, but feldom and fligiitly touch on the great Principles and Truths of the glorious Gofpel, as if there were no Tefta- tor, no New *£eftament y ftill preaching as if Chrift were little more than a political Head, to make Laws and exaQ: Obedience to them, and not a Head of Influences, giving Life and Strength to his Members, through whom it is they can do all Things. They are to choofe fuch as they think are and will be concerned to preach the unfearch- able Riches of Chrift t> fuch as they have Ground to think are fafiors according to God's own Heart *, that is f fuch as will be concerned to commend his Son, a cruci- fied Chrift, to their Hearts, fuch as know fomething of Heart Work in Religion from their own Experience, fuch as will be concerned to reach the Hearts of Sinners, ftu- 4ying to fpeak home to the Conference, being clofe and particular in their Application of the Word ; fuch as, in preffmg to Holinefs, without which no Man fhall ever fee the Lord, are concerned to lead them to him, in whom we * i Cdt. iu 4. f 2 tou iiit 6. £ '£f£» iiL 8* * Jet, iii, 15. Jus popiili divinutn. 155 we have not only Righteoufnefs for Juftification, but alfo Strength for all the Duties of San&ification, out of whofe Fulnefs it is that his People do receive, and Grace for Grace. Dr. Bates y in his funeral Sermon at the Death of Dr. Jacomb, fays, The laying down of moral Rules for the Ex- ercife of Virtue, and fubduing vitious Affe&ions, without direBing Men to derive fpiritual Strength by Prayer , and in the Ufe of di- vine Ordinances from the Mediator^ the fountain of all Grace,, and without reprefenting his Love as the moft powerful Motive and Obligation to Obedience, is but pure Philofophy, and the high- eft Eftecl of it is but unregenerate Morality. Such as, by their Walk, evidence their Hearts are right with God, being an Example to the Believers, in Converfation, Charity, Spirit, Faith and Purity. He cannot be thought fit to en- deavour the faving the Souls of others, who yet maketh no Confcience in taking heed to his own. This Qualifica- tion of Holinefs is greatly to be refpeBed, both in a People's cal- ling or choofing of a Minifier, and in a Presbytery's ordaining of fine for a People, fays Durham *; and, adds he f, Seeing this is pf main Concernment to the Advancement of Ck'iJFs Go/pel^ and the Edification of People's Souls, to have Minifiers according to the Lord's Heart, and not Mens, to feed the People, and a fpeci- al Promife fubjoyned to his marrying of a Land, Jeremiah iii, 1 4. and an Evidence of his dwelling with a People, let all fuch therefore, whether People or Minifiers, who have a Hand in this 9 be obtefied in the Fear of the Lord, and by the Coming and Ap- pearance of our Lord Jefus, the great Shepherd of his Sheep, that they be wary and circumfpetf; in this mofi concerning Bufinefs, as they would not, in that Day, be guilty of the Blood of many Souls, that unholy Minifiers cannot but be guilty of, and as they would not be accounted Partakers with them in all their Sins ? Learning, Gifts and Grace are all neceflary to qualify one for the Work of the Gofpel, and the laft in a fpecial Man- ner, though not abfolutely needful to the Validity of hi$ ministerial AGs. Fourth Corollary. As People having Right from Chrift to eleQ: their own Paftors, fhould be deliberate in their Choice, fo, having chofen or fubmitted, they fhould be tender * On Rev, p, 203. f Page 205. i$6 Jus populi dwinurn. tender and cautious againft forfaking or turning their Racks upon their Paftors, deferting their Miniftry upon {lender Grounds. People would confider Minifters are Men of like Paffions with others, their Tentations are of- ten greater, the Enemy affaul.ts them more violently, it is not lawful to withdraw from their Miniftry for Infirmi- ties, Weaknefles, and iefler Faults. We cannot expeft a finlefs Miniftry, the perfonal Faults of Minifters are Ground of Lamentation, but not of Separation, unlefs of a grofler Nature, and perfifted in *. Defects as %o Faith- fulnefs, efpecially when flowing from a mifinformed Judg- ment, are not enough to juftify this. And the Ground of not being edified would be narrowly examined ; they may be edified when they are not fenfible thereof, or their not being edified may be owing to themfelves, while they hear with Prejudice, and the like. It is furely a Sin of a hainous Nature, to do lefs or more which may tend to weaken the Hands of the meaneft of Chrift's faithful Mi- nifters, tho' they fhould be far inferior to others in refpeft of Gifts. Fifth Corollary. That thofe, who, to pleafe Men on whom they have Dependence, give their Voice in Elections, for fuch as are neither their own Choice, nor yet the Choice of the Congregation, have much to anfwer for. Man's Favour is bought at a too coftly Rate, when People run the Risk of loiing God's Favour for gaining thereof. I have read of the Chamberlain of a great Man, that, dying in Defpair, lamented he had damned his Soul to pleafe the ~Duke his Mafler. It is furely a Sin of a crimfon Die, to com- pliment the higheft a&ing againft Light in this Matter, and yet fometimes this is done, and it is to be lamented, many often think Sin is rather to be chofen than Suffering, fudging we may take a Step out of God's Way for worldly Advantage. Sixth Corollary. That fuch Office-bearers in God's Houfe as are for fettling Paftors, whether People have elected or not, whether People confent or not, fuch as are for fettling Minifters, though People be oppofite and averfe, are * Kind let loofe, p. 22*. jfyis populi dimmim. 157 are far from being fo tender as they ought to be. This is Sacrilege and Robbery. The Good of the Church may be pretended, but God hates Robbery for Burnt-offerings. And Calvin fays, Eft impia fpoliatio, &c. It is an impious Robbing of the Churchy as was noticed above. Seventh Corollary, Such Churches are in fo far degenerate, as deny the People this Privilege of a free Election. This is no Sign of a flourifhing Church, when her Office-bear- ers lord it over God's Heritage, fo as to thruft in Paftors^ or other Officers, whether chofen by them or not. I doubt not it was a true Obferve of Apollonii, when he faid, c Experientia ipfa elata voce clamaty &c. Experience it € felf proclaims this with an elevated Voice, that Churches are more or lefs flourishing^ as the Election is more or lefs free, and thofe are the moft flourifhing, where the Presbytery, initrncting and leading the Way, the ho- noured Citizens, and the faithful People of an inferior Rank, together crave and elect, having the Power of receiving fuch as are worthy, and of rejecting fuch as are unworthy, as Cyprian fpeaks. * This was the Prin- ciple of our great and noble Reformers, that People have Right tochoofe their own Paftors. Arid the reverend Mr„ "Daniel Burgefs fays *, ' The Divine, to whom the Prelacy, * the DiiTenters, and the foreign Churches do rife up with c the greateft Veneration, as to a theological Prince, doth c now name that Church, viz. the Church of Scotland, the ■ Morning Star of the Reformation. ' But fbould we ever have an Aft, as God forbid, denying this Right to the People, leaving them nothing but a bare Liberty to object: againft the Candidate's Life and Doctrine, then farewel to a Reformation Principle, and to our flourifhing. Calder- woody when arguing for popular Elections, fays, After free Eleclion ceafed^ golden Priefts or Paftors they ceafedy and falfc Bijhops introduced Popery or Epicurifm. Eighth Corollary. It is unaccountable in any, whether Pa- trons, Heritors, Magiftrates, or others, to monopolize this Privilege to themfelves, fo as to exclude People of an \n:~ ferior Rank, being regardlefs whether plea fed or difblea- fed. * Funeral Sermon ^r the Death of Mr, %ojitrt ■ Fleming, p. 76, 77* i$8 Jus populi divinutn. fed, whether they have their Choice or not. Such are guilty of opprefling the Lord's People in their fpiritual Rights. This is a fpiritual Privilege, to which the poor of this World y who are rich in Faith y have as good Right as the richeft breathing, a Grain of holy Faith being preferable to a vaft Mountain of fine Gold. Such are guilty of un- juft and finful Ufurpation ; and, as the reverend Mr. Park lays *, As JJfurpation y in all Societies y is defervedly very odious f fo y a fortiori, in the Church of the living God y the moft truly free Society on Earthy whofe Liberties and Privileges are purcha- fed at no lower Rate than the mofl precious Blood of the immacu- late Lamby and eternal Son of God. Ninth Corollary. Such Preachers as are content and defirous of being placed, fixed or ordained Minifters in fuch or fuch Congregations, whether the People call and confent, or not, are far out of their Duty, and it looks too like, their Defire of being in the Priefts Office, is merely, or mainly, That they may eat a Piece of Bread j, too like unto what they call crimen ambitus. Such, fays Owen y are guilty of an open Rape upon the People-, as take them without their Confent^ and while they have not chofen them. Confent is needful to a lawful Marriage, the Confent of Parents is not enough. Preachers of the Gofpel of Chriff are not direftly nor indire£Uy to have the leaft Hand in a forcible Entry into the Miniftry among a People. For, as Voetius fays, The Preacher mufi not diretlly nor indireBly procure a Call to himfelfy by Means of Parents^ Tutor /, Patrons , Relations , Favourites y Burgh or Country Gentlemen , Lawyers , military Of- ficer j, or of fuch Men y who y by Threats and Menace s y do re- commend him to the Synedrium, or particular Members thereof* Vox populi here it is vox Deiy and fuch as want the Call of God, have little Ground to expe£t his Blefling upon their Labours among fuch a People. Forced Marriages feldom thrive, and fo it is here. All would beware of contribut- ing in the lesft to the Oppreflion of the Church of Chrift in her Liberties. I think the P atronage AcJ obliges the Pa- tron, with his Presentation, to prefent a Perfon accepting thereof, and declaring his Defire or Willingnefs to be fet- tled- * Againft Patronages, p, 85. f i Sam* i'u j<5# Jus populi divinum* i$9 tied in fuch a Charge. Now, at making this Aft, it was generally thought, our Friends, by getting that Claufe ad- je&ed, had effectually broken the Neck of Patronages, judging no true Presbyterian would ever accept, where there was not a Call ; and were Preachers of the Gofpel but true to the profeffed Principles of Presbyterians, the Patronage Aft could do us no great Harm. Such as defira to be ordained upon a Prefentation, Presbytery and People oppofing the Settlement, are y as Voeiim fays, Divines of the Houfe of Judas Ifcariot. ienth Corollary. As People have the Choice of their Pa- llors, fo alfo of all their other Church-officers, namely^ their Elders and Deacons, the Arguments adduced for con- firming their Right to the one, are probative of their Right to eleft the other ; and, as it is a Sin to obtrude a Paffor, fo alfo to obtrude Elders or Deacons upon a People. I humbly think the Seffion, with Advice of fome of the moft judicious in the Congregation, may nominate fuch or fuch Perfons for Elders or Deacons, propounding them to the whole Congregation for fuch Offices, telling the People, at the fame Time, that they are not reftrifted to all thofe, or any of thofe, but may come and alter, add or diminifh, as they judge moft for Edification ;* and this is agreeable to the Method prefcribed in the Firft Book of Difcipline y in which, when treating of the Eleftion of El- ders and Deacons, it is faid, If any Man know others of bet- ter Qualities within the KirJz y than thofe tfat be nominate y let them be pat in Ele&ion, that the Kirk may have the Choice. And laftly* Is it fo, that the Eleftion of Office-bearer* in the Houfe of God, and Church of Chrift, is the Right of his People, then they cannot be juftly branded for Men of divifive Spirits, regardlefs of the Peace of the Church, AfTefters of Singularity, and the like, who oppofe and diffent from Settlements winch are contrary the Will and Inclinations of a Chriftian People. I own the Peace of the Church of Chrift fhould be dear to all, and the Want of it is to be regreted at any Time, were it with Tears of Blood, and fuch as have a Hand in difturbing the Peace of the Church of Cnrift, without Neceflity, the Prince of Peace will furely contend with them. Divijton, as one fays, ?s the Devil's Mu[uk\ and that which maketh the Devil laugh , jhould 160 Jus poptili dfcinum. < Command upon that Head, for his Refufal flu ed purely from Want of a firm Perfwafion of the Truth of i a Ccnfpiracy, the Reality of which was doubted by many in the Land as well as by him ; and this is owned by Spotifu-ood in his Hiftory. And for their being charged b attesting Singularity, and acted from Love to popu- lar Preface to Ea&L Pop, Cerem. p, if. Jus populi dwinutiti 16 i lar Applaufe. As Man is not capable to judge of Thoughts, Defigns and Intentions* they may be eafy if Confcience, God's Deputy in the Soul* acquit them, while thefe are before Man's Tribunal, they are coram non judice^ and fuch as mount the Bench will be brought to the Bar. While there is a Sun in the Firmament, the Intendent of Roche- fort fhall never be juftified, who fuppreffed a Pfoteftant Minifter, when the Deponent could fay no more, but, That though there was nothing to be found Fault with in his Words , yet he perceived his 'Thoughts were not innocent. As Charity thinketh no Evil, but always puts the beft Con- ftruftion upon Things they can bear* So charitable was the Conftrufiion of Mr. Samuel Bold, a conforming Minifter of the Church of England, in the Preface to his Sermon upon Gal. iv. 29. where, after he hath commended the Diflenters, he fays, i Indeed they have been Perfons that ' could not be jnftiy blamed for any Thing, but that they 1 have ftraiter Notions concerning human Impofitions in * the Worfhip of God, than we Conformifts have ; and* * adds he, a very learned Gentleman has, upon Confidera- * tion, given a very juft and good Reafon of this, who * expreffed himfelf in thefe Words, I think their Scrupu- ' lofity may be of God, and that fome Men are by him ' framed unto it, that he hath provided it as a Bar and * Obltacle in the Nature and Complexion of fome devout 6 Men, againft any Innovations whatsoever, that dange- * rous Ones may not fteal upon the Church, for the better * maintaining the Simplicity and Purity of Chriftian Re- •■ iigion and Worfbip. ' Calderwqod relates a Speech of the Archbifhop of St. Andrews *, in which he faid to Mr. Robert Balcanquell, ' Many that have little in them will pretend to 4 be xeaiousfor the Kirk, to get them Refpect among the ' People* ' And it is ufual for high Church to brand the Diflenters for a Company of Hypocrites, for pretending Scruples againft the Ceremonies. They cannot be juftiy blamed as Difturbers of the Peace of a Church, who are concerned to obey her juft and reafonable Acls. And it is an exprefs Aft of the General Aflembly of the Church L of w£ P. 7? j. l6i Jus populi dhinum. of Scotland *, c That if any Member of Presbyteries or Sv* * nods find any Thing carried by Plurality of Voices, to c any Determination which they conceive to be contia- * ry to the Word of God, the Acts of AfTembly, or the re- 1 ceived Order of this Kirk, that they urge their Diffent to 4 be maiked in the Regifter, and if that be refufed, that ' they proteft, as they would defire to be free of common 1 Cenfure with the reft. ' And though Wo will be to fuch as love the Praife of Man more than the Praife of God, yet a Minifter's Reputation fhould be dear unto him ; for, as Mr. Corbet fays J, 4 The Truth is, a Minifter's Reputation is of great Moment to the Ends of his Miniftry, and he is nnt :o be blamed, that is loth it Ihould fuffer Ship- wrack, and an Appearance or Sufpicion of Time ferving doth greatly endanger it. If a Man fhould forbear fome Compliances, which he clearly forefees will bring him into a vehement Sufpicion, in Charity it fhould be taken, not for an undue Valuation of his own Credir, but for a tender Regard to the Honour of the Gofpel. ' And truly when People turn defperate as to what Name they may have among fuch as fear the Lord, it is come to a fad Pafs with them. But, to conclude, fuch is the People's Intereft in the Election of their Paftors, that their bare Eleftion is e- iiough to make one a Minifter of Chrift, where Ordination Cannot be had, according to his Inftitution ; fo much is af- ferted by all, or moft of Proteftant Divines. The reverend Mr. Meldrum, ProfeiTor of Divinity at Edinburgh, having, in a Sermon againft Toleration, afferted, * That it will not * be eafy to prove the People's Hecrion, with the Magi- ' ftrates Content, may not evidence a Minifter's Milfion, c in cafe cf Kecefuty. ' The Author of Men e Ttkel, I fup- pofe, the Laird of Bennochie, maintains that Pofition from iundry Confiderations ; and, in his Second Confideration, he fays, * Several of the firft Reformers were eminent « Preachers or Paftors, though they wanted Ordination ; « they could not lawfully apply to the Church of Rome . for Ordination, and, in the Beginning of the Reforma- E tion, thev could not have Accefs to other Proteftant pa- ' ' ftors, * Aflembly 1644.. f Kingdom of God among Men, p. i?y. Jus populi divinum. 163 f ftors, and therefore, being ele&ed by the People in that * Cafe of Neceffity, they exereed the Office of a Paftor, ©V. And after all, either the People have Right by God's Word to ele£t their own Paftors, and their Right is fee u- red by Scripture, elfe the Throng of all our Proteftant Writers have been fimple Men, not underftan^ing the Scripture, or Perverters of Scripture, citing it to prove a Falfhood. The Fathers of the 'Tridentine Council anathe- matize ail fuch as fay, Ordinations by Bifoops, without the Confent or Call of the People, are null. Our Oppofites here are fafe from the Dint of their Anathema, which others are obnoxious to, but 'tis enough to comfort, that the Curfe caufelefs pall not come* Conftantius, the Son of Con* Jlantine, fays Mr. Gillefpie *, did put orthodox Bijhops from, their Places, fubftituting Arians in their Boom, with the Con- tradiction and Relu&ation of the Churches. l The like did Pa- pitts iii the Palatinate, and other Places where their Dagon was fet up again ; fo did the Authors and Urgers of the Interim in Germany, fo did the Prelates in Scotland, Eng- land and Ireland', upon all which Intrufions many unfpeak- able Evils did follow. If we, after a fecond Reforma- tion, fhould now permit violent Intrufions, this might well be a Prologue to much Confufion and Diforder, * And I dare fay, fhould the Church of Scotland go in to any Overture which deprives the People of their Right to eleft their own Paftors, it will be a Forerunner of her fpeedy Ruin. All will own, the calling of Gofpel Minifters is a Privilege, but to whom doth it belong 1 Some plead it belongs to dne, fome to another, and our Divifions en this Head are lamentable, but how fhall they be healed ? how fhall our Differences he decided 1 but by opening the Teftament of our everlafting Father, Excellent are the Words of Auguftine, when commenting upon the xxi Pfalm, where he thus addreffes himfelf to jarring Chriftians, € Quid lit igamus ? fratres fumus, non in- * teftatus mortuus eft pater, &c. Why do we contend ? c we are Brethren, our Father did not die without a c Teftament, he made a Teftament and fo died, and * hath rifen. There will (till be Contention about the L 2 c Inheri- * Elt&ion of Paftois, p. 21. 1^4 Jus pop tili div ilium. « Inheritance of the Dead till once the Teftame ' be produced in Publick, and v*h'en the Teftament is 1 brought in Publick, all are fiient, that the Articles rrny 4 be opened and rehearfed* The Judge hears with Inten- * tion, Advocates are mure, the Criers command Si- * lence> all the People with eager Defire waitthat the € Words of the Dead may be read unto them, not from 1 Sentences on the Tomb of the DefunS, he lies with- ' out Opinion in his Grave, and his Words are of Force. * Chrift fits in Heaven, and his Teftament is contra- * di&ed ; open it, let us read it, we are Brethren, why * do we contend ? let our Mind be pacified, our father ' d^d not leave us without a Teftament, he that made * the Teftament liveth for ever, he hears our Words, f and acknowledgeth his own ; let us read, why do we € contend ? when the Inheritance is found, or to whom * it is found to belong, let us hold by that, open the * Teftament, read it. ' And to the fame Purpofe Obta- ins Milevitanus befpeaks the Donatifis, 4 Sed vuomodo * terrenus pater, quum fe in confinio fenferit mortis, timsns^ ' ne t°fi wcrtem fuam> &c. But as an earthly Father, 4 when he apprehends himfelf on the Confines of Death, * fearing left after his Deceafe the Brethren having bro- * ken the Bond of Peace Ihould wrangle, before Wit- 1 neffes out of his dying Bofom he biings forth his Tefta- 1 ment, which will remain upon Record ; and if Con- * tention arife among the Brethren, they go not to the 4 Tomb, but the Teftaxnenr. He who refts in Silence I tacitely fpeaks from the Teftament as if he were alive, * he that made tnis Teftament is in Heaven ; therefore * let us make Enquiry into his- Will, )Vhich, as in a Te- * (lament, is contained in the Gofpel. * Is not our Lord's Teftament full?, are not his Words intelligible? cannot the Children* Privileges be known by it ? Was he fo fhort- lighted as not to -forefee what might occafion Jars among them ? or was he fo unkind, as forefeeing thofe, not to hat would be theic. Duty, or what belonged to one 'hat to another i hath he not fet lis Iloufc in Order ? II fo, then let his 'Xeftament be opened and read, and let us Mil fubmit our Judgments to his Latter-will, gio>y for a full and clear Teftament. And to the blelTed Tefta- iv'eet and favoury Name be all Praife. F / N I 5.