3. Synods themselves are not ordinarily necessary, by nature or institution; (let him that affirmeth it, prove it;) but that which is statedly necessary is, The concord of the churches as the end, and a necessary correspondency of the churches as the means, and synods when they may well be had, as a convenient sort of means.
4. When synods cannot be had, or are needless, messengers and letters from church to church may keep up the correspondency and concord.
5. In cases of real necessity, (which are very rare, though usefulness be more frequent,) the bishops and people should first petition the king for his consent: and if that cannot be had, they may meet secretly and in small numbers, for mutual consultation and advice about the work of God; and not by keeping up the formality of their set numbers, times, places, and orders, provoke the king against them.
6. The contempt of synods by the separatists, and the placing more power in synods than ever God gave them by others, yea, and the insisting on their circumstantial orders, making them like a civil senate or court, have been the two extremes which have greatly injured and divided the churches, throughout the world.
Quest. CVIII. _To whom doth it belong to appoint days and assemblies for public humiliation and thanksgiving?_
_Answ._ The answer of the last question may serve for this. 1. The magistrate only may do it by way of laws, or civil mandate enforced by the sword.
2. The pastors may do it in case of necessity, by pastoral advice and exhortation, and nunciative command in the name of Christ.
3. The people may do it by petition.
4. As ordinary church assemblies must be held if the magistrate forbid them, (of which next,) so must extraordinary ones, when extraordinary causes make it a duty.
5. When the magistrate forcibly hindereth them, natural impossibility resolveth the question about our duty.
Quest. CIX. _May we omit church assemblies on the Lord's day, if the magistrate forbid them?_
[Sidenote: May we omit church assemblies on the Lord's day, if forbidden by magistrates.]
_Answ._ 1. It is one thing to forbid them for a time, upon some special cause, (as infection by pestilence, fire, war, &c.) and another to forbid them statedly or profanely.
2. It is one thing to omit them for a time, and another to do it ordinarily.
3. It is one thing to omit them in formal obedience to the law; and another thing to omit them in prudence, or for necessity, because we cannot keep them.
4. The assembly and the circumstances of the assembly must be distinguished.
(1.) If the magistrate for a greater good, (as the common safety,) forbid church assemblies in a time of pestilence, assault of enemies, or fire, or the like necessity, it is a duty to obey him. 1. Because positive duties give place to those great natural duties which are their end: so Christ justified himself and his disciples' violation of the external rest of the sabbath. "For the sabbath was made for man, and not man for the sabbath." 2. Because affirmatives bind not _ad semper_, and out-of-season duties become sins. 3. Because one Lord's day or assembly is not to be preferred before many, which by the omission of that one are like to be obtained.
(2.) If princes profanely forbid holy assemblies and public worship, either statedly, or as a renunciation of Christ and our religion; it is not lawful formally to obey them.
(3.) But it is lawful prudently to do that secretly for the present necessity, which we cannot do publicly, and to do that with smaller numbers, which we cannot do with greater assemblies, yea, and to omit some assemblies for a time, that we may thereby have opportunity for more: which is not formal but only material obedience.
(4.) But if it be only some circumstances of assembling that are forbidden us, that is the next case to be resolved.
Quest. CX. _Must we obey the magistrate if he only forbid us worshipping God in such a place, or country, or in such numbers, or the like?_
[Sidenote: What if we be forbidden only place, numbers, &c.]
_Answ._ We must distinguish between such a determination of circumstances, modes, or accidents, as plainly destroy the worship or the end, and such as do not. For instance, 1. He that saith, You shall never assemble but once a year, or never but at midnight, or never above six or seven minutes at once, &c. doth but determine the circumstance of time: but he doth it so as to destroy the worship, which cannot so be done, in consistency with its ends. But he that shall say, You shall not meet till nine o'clock, nor stay in the night, &c. doth no such thing.