Fourthly. That no good reason giveth the Classis this power of making laws, to bind particular Churches, will appear, if two things be declared. 1. what things are required to the making of a law. 2. what instances they produce to show the undue proceedings of that Classis herein. First, the things required to a law are these, at least. 1. a due authority, or power orderly authorised thereunto. 2. its consonancy and consent with the law of God. 3. that it is referred unto, and doeth respect the common good. Secondly, let the instances produced by them be brought to these rules, and it will be found, 1. that they want sufficient authority for making of such laws, 2. that such a law agreeth not with the law of God. 3. that it is not referred to the public and common good, by what hath been already said, partly in this Section, partly in the 12 Section, and partly in other Sections. The issue, whereunto the instances drive, is, that the Classis exerciseth an undue power, when it bindeth men to any observance, upon no better ground then the mere custom of a place, which is then done, when •hat custom is not warranted by the word. For, howsoever, in civill administrations, in Common wealths, some customs have the force of a law,1 (as Sir Walter Raleigh well observeth.) Yet, in Church matters it will not hold, the reason of Churches and Commonwealths being not the same. But, if the rule hold in Commonwealths, that, quod ab initio vitiosum est, non potest tractu temporis convalescere, much more will it hold in the Church, in such a case as that unwarrantable custom of promiscuous baptising,2 which I have proved to be unlawful, in Sect. 12.
Fourthly. That no good reason giveth the Classis this power of making lawes, to bind particular Churches, will appeare, if two things be declared. 1. what things are required to the making of a law. 2. what instances they produce to shew the undue proceedings of that Classis herein. First, the things required to a law are these, at least. 1. a due authority, or power orderly authorised thereunto. 2. its consonancy and consent with the law of God. 3. that it is referred unto, and doeth respect the common good. Secondly, let the instances produced by them be brought to these rules, and it will be found, 1. that they want sufficient authority for making of such lawes, 2. that such a law agreeth not with the law of God. 3. that it is not referred to the publick and common good, by what hath bene already said, partly in this Section, partly in the 12 Section, and partly in other Sections. The issue, whereunto the instances drive, is, that the Classis excerciseth an undue power, when it bindeth men to any observance, upon no better ground then the mere custom of a place, which is then done, when •hat custom is not warranted by the word. For, howsoever, in civill administrations, in Common wealths, some customs have the force of a law,1 (as Sir Walter Raleigh well observeth.) Yet, in Church matters it will not hold, the reason of Churches and Commonwealths being not the same. But, if the rule hold in Commonwealths, that, quod ab initio vitiosum est, non potest tractu temporis convalescere, much more will it hold in the Church, in such a case as that unwarrantable custom of promiscuous baptising,2 which I have proved to be unlawfull, in Sect. 12.
- 1Hist. 1. part 2. book. 4. Chap. 15. Sect: Ulp. li. 29Hist. 1. part 2. book. 4. Chap. 15. Sect: Vlp. li. 29
- 2Sect. 12.