Digression III. of the Judging of Controversies and Questions of Faith
There is a twofold judgment which discerneth and judgeth of faith. The one absolute, whereby the Most High God, whose supreme authority alone bindeth us to believe whatsoever he propoundeth to be believed by us, hath in his written word pronounced, declared, and established, what he would have us to believe concerning himself or his worship; the other limited and subordinate, which is either public or private. That which is public is either ordinary or extraordinary. The ministerial or subordinate public judgment, which I call ordinary, is the judgment of every pastor or doctor, who, by reason of his public vocation and office, ought by his public ministry to direct and instruct the judgments of other men in matters of faith, which judgment of pastors and doctors is limited and restricted to the plain warrants and testimonies of Holy Scripture, they themselves being only the ambassadors1056 of the Judge to preach and publish the sentence which he hath established, so that a pastor is not properly judex but index. The subordinate public judgment, which is extraordinary, is the judgment of a council assembled for the more public and effectual establishment and declaration of one or more points of faith and heads of Christian doctrine, and that in opposition to all contrary heresy or error, which is broached and set a-foot in the church. From which council,1057 no Christian man who is learned in the Scriptures may be excluded, but ought to be admitted to utter his judgment in the same; for in the indagation or searching out of a matter of faith, they are not the persons of men which give authority to their sayings, but the reasons and documents which every one bringeth for his judgment. The subordinate judgment, which I call private, is the judgment of discretion whereby every Christian,1058 for the certain information of his own mind, and the satisfaction of his own conscience, may and ought to try and examine, as well the decrees of councils as the doctrines of particular pastors, and in so far to receive and believe the same, as he understandeth them to agree with the Scriptures.
Besides these, there is no other kind of judgment which God hath allowed to men in matters of faith, which being first observed, we say next, concerning the part of princes, that when questions and controversies of faith are tossed in the church, that which pertaineth to them is, to convocate a council for the decision of the matter, civilly to moderate the same, by causing such an orderly and peaceable proceeding as is alike necessary in every grave assembly, whether of the church or of the commonwealth; and, finally, by their coactive temporal power to urge and procure that the decrees of the council be received, and the faith therein contained professed, by their subjects.
But neither may they, by their own authority and without a council, decide any controverted matter of faith, nor yet having convocated a council, may they take upon them to command, rule, order, and dispose the disputes and deliberations according to their arbitrement; nor, lastly, may they, by virtue of their regal dignity, claim any power to examine the decrees concluded in the council, otherwise than by the judgment of private discretion which is common to every Christian.
First, I say, they may not by themselves presume, publicly and judicially, to decide and define any matter of faith, which is questioned in the church; but this definition they ought to remit unto a lawful and free council. Ambrose would not come to the court to be questioned and judged by the emperor Valentinian in a matter of faith, whenever he heard that emperors judged bishops in matters of faith, seeing, if that were granted, it would follow that laymen should dispute and debate matters, and bishops hear, yea, that bishops should learn of laymen.
The true ground of which refusal (clear enough in itself) is darkened by Dr Field,1059 who allegeth, 1. That the thing which Valentinian took on him was, to judge of a thing already resolved in a general council called by Constantine, as if it had been free, and not yet judged of at all. 2. That Valentinian was known to be partial; that he was but a novice; and the other judges which he meant to associate himself suspected; but howsoever these circumstances might serve the more to justify Ambrose’s not compearing to be judged in a matter of faith by Valentinian, yet the Doctor toucheth not that which is most considerable, namely, the reason which he alleged for his not compearing, because it hath been at no time heard of that emperors judged bishops in matters of faith, and if that were granted, it would follow that bishops should learn of laymen; which reason holdeth ever good, even though the thing hath not been formerly judged by a council.
And, furthermore, if those (which the Doctor mentioneth) were the true reasons of his refusing to be judged by Valentinian, then why did he pretend another reason (whereof we have heard), and not rather defend himself with the real and true reason? Wherefore we gather, that the reason which made Ambrose refuse to be judged by him was no other than this, because he considered that princes, neither by themselves, nor by any whom they please to choose, may, without a lawfully assembled and free council, usurp a public judgment and decisive sentence in controversies of faith, which, if they arrogate to themselves, they far exceed the bounds of their vocation; for it is not said of princes, but of priests, that their lips should preserve knowledge, and that they should seek the law from their mouths, Mal. ii. 7. And the priests did Jehoshaphat set in “Jerusalem, for the judgment of the Lord, and for controversies,” 2 Chron. xix. 8, 10, and for judging betwixt law and commandment, statutes and judgments.
In the meanwhile we deny not but that in extraordinary cases, when lawful councils cannot be had, and when the clergy is universally corrupted through gross ignorance, perverse affections, and incorrigible negligence, in such a case the prince, notwithstanding the defect of the ordinary and regular judges, may yet, by the power of the civil sword, repress and punish so many as publish and spread such doctrines as both he and other Christians, by the judgment of discretion, plainly understand from Scripture to be heretical.
Next, I say, that the prince, having assembled a council, may not take so much upon him as imperiously to command what he thinketh good in the disputes and deliberations, and to have everything ordered, disposed, and handled according to his mind. “To debate and define theological controversies, and to teach what is orthodoxal, what heretical, is the office of divines, yet, by a coactive authority, to judge this orthodox faith to be received by all, and heretical pravity to be rejected, is the office of kings, or the supreme magistrates, in every commonwealth,” saith the Bishop of Salisbury.1060 And, again,1061 “In searching, directing, teaching, divines ordinarily, and by reason of their calling, ought to go before kings themselves; but in commanding, establishing, compelling, kings do far excel:” where he showeth how, in defining of the controversies of religion, in one respect ecclesiastical persons, and in another respect kings, have the first place.
In the debating of a question of faith, kings have not, by virtue of their princely vocation, any precedency or chief place, the action being merely ecclesiastical. For howbeit kings may convocate a council, preside also and govern the same as concerning the human and political order, yet, saith Junius,1062 Actiones, deliberationes, et definitiones, ad substantiam rei ecclesiasticae pertinentes, a sacerdotio sunt, a caetu servoram Dei, quibus rei suoe administrationem mandavit Deus. And, with him, the Archbishop of Spalato saith, in like manner,1063 that howbeit Christian princes have convocated councils, and civilly governed the same, yet they had no power nor authority in the very discussing, handling and deciding of matters of faith.
What then? In the handling of controversies of faith, have princes no place nor power at all beside that of political government only? Surely, by virtue of their princely authority, they have no other place in the handling of these matters. Yet, what if they be men of singular learning and understanding in the Scriptures? Then let them propound their own suffrage, with the grounds and reasons of it, even as other learned men in the council do. But neither as princes, nor as men singularly learned, may they require that others in the council shall dispute and debate matters, and that they themselves shall sit as judges having judicial power of a negative voice; for in a council no man’s voice hath any greater strength than his reasons and probation have. Non enim admitto, &c: “For I admit not in a council (saith the same prelate1064) some as judges, others as disputators, for I have showed that a conciliary judgment consisteth in the approbation of that sentence which, above others, hath been showed to have most weight, and to which no man could enough oppose. Wherefore no man in the council ought to have a judiciary voice, unless he be withal a disputator, and assigns a reason wherefore he assigns to that judgment and repels another, and that reason such a one as is drawn from the Scripture only, and from antiquity.”
Lastly, I hold, that, after the definition and decision of a council, princes may not take upon them, by any judicial power or public vocation, to examine the same, as if they had authority to pronounce yet another decisive sentence, either ratifying or reversing what the council hath decreed. Most certain it is, that, before princes give their royal assent unto the decrees of any council whatsoever, and compel men to receive and acknowledge the same, they ought, first of all, carefully to try and examine them whether they agree with the Scriptures or not; and, if they find them not to agree with the Scriptures, then to deny their assent and authority thereto. But all the princes do not by any judicial power or public authority, but only by the judgment of private discretion, which they have as Christians, and which, together with them, is common also to their subjects; for neither may a master of a family commend to his children and servants the profession of that faith which is published by the decrees of a council, except, in like manner, he examine the same by the Scriptures.