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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A92138	The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.	Rutherford, Samuel, 1600?-1661.	1646 (1646)	Wing R2377; Thomason E326_1; ESTC R200646	722,457	814

Religions colour is supernaturally white ingenuous not whorish 2. Or then it addeth order of parts and this is by right grave and convenient circumstantiating of things in Gods worship and Paul dreamed never of Crossing to grace baptizing 3. Or it addeth due quantity Religious worship hath no quantity but time 4. It is against sense that order is commanded in the third Commandment but not Surplice Crossing because they are by accident orderly what agreeth essentially to the generall agreeth not essentially and necessarily to the speces and particulars which are by accident under that generall as what agreeth to a man agreeth not to white and black men Decency is commanded but by accident and by mans will Surplice is decent But then God commanding Sacraments should not command Bread and Wine sor they are by accident and by Gods will Sacraments he might have chosen other Elements yet the will of God commanding Sacraments commandeth this and this Sacrament also What agreeth essentially to man agreeth essentially to all men black and white If Gods will essentially concur to constitute decency in his own worship then must that same will essentially concur to constitute this decency in Surplice Crossing 2. It supposeth a great untruth that Crossing is not worship because not ordained of God but that proveth it is not Lawfull worship but not that it is non-worship for Crossing used to the honour of Baal and to edifie souls in performing their duty to Baal is essentially a worshipping of Baal otherwayes worshipping of Idols is not Worship and yet it is an Act of Religious honouring of the Idol 3. The Command that commandeth or forbiddeth the end commandeth and forbiddeth the means Thou shalt not murther forbiddeth the Master not to command his servant to ride an extreamly deep and impetuous River though the not riding of such a River be not set down in the word and it is not forbidden as an Arbitrary action If therefore decency binde the conscience then the decency of this Rite to wit Crossing bindeth the conscience Our Ceremonies are not Nationall for Crossing being a Religious Rite in all the world it s alike decent Ergo non Crossing in some Country cannot be undecent Things meerly Religious as all significant Ceremonies are of alike nature every where and admit not of heat and cold with divers climates are of good or evil manners with divers Nations therefore they must be determined in the word the man who Pre●aced on our Service book said without some Ceremonies it is impossible to keep any order or quiet Discipline in the Church I am sure he must think that Paul preached in some Surplice that he might teach holinesse with his garments one way or other he hath a stronger Faith then I can reach without circumstances worship cannot be but without Romish dirt the Worship and Discipline are better kept then with such whorish busking Also whatever is a profession in fact of a false Religion by Ceremonies indifferent and yet proper to a false Religion is a denying of the true Religion but the using of these Ceremonies used by Papists and Iews is such Ergo The Proposition is Scripture Gal. 2. 14. Peter lived after the manner of the Iews in using the Religious materials of the Jews though he had no Iewish intention or opinion yea Acts 10. he disputeth against that So Circumcision Galathians 6. 14 15 is put for the Jewish Church Now Altars Organs Iewish Ephods or Surplice Masse cloaths and Romish Crossing bowing to Altars Images are badges of Iewish and Popish Religion We know the dispute betwixt Augustine and Ierome who defended Peters d●ssimulation Gal. 2. to gain the Iews But Augustine saith Epist 9. Si propterea illa Sacramenta celebravit Paulus quia simularet se judaeum ut illos lucrifaceret cur non etiam Sacrificavit cum Gentibus quia iis qui sine lege erant tanquam sine lege factus est ut eos quoque lucrifaceret Yea then as Augustine saith to Ierome Epist ad Hyeronym 19. We might use all the Iewish Ceremonies to gain the Ievvs and so fall in the Herersie of Ebion and the Nazarites Duvallius 2. Thom tract de legib q. 3. Art 3. would defend Peter in that but he saith Magis placet Barronii Responsio Tom. 1. Annal. an 51. Petrum venialiter peccasse As for Pauls Circumcising of Timothy Papists clear him Vasquez Tom. 1. in 12. disp 181. cap. 8. Lo●o tempore accomodato He did it when he could not offend the Gentiles Aquinas 12. q. 103. Art 4. Yea so the Fathers as Augustine Epist 19. Chrysostom Cyrill Hyeronym Also Papists Bensonius tractat de fuga lib. 1. disp 1. q. 4. ad Articul 4. Vasquez Tom 1. 12. disp 182. cap. 4. Brove to use Iewish Ceremonies though with no Iewish minde is unlawfull Suarez Tom. de legib lib. 9. de leg Divin pos cap. 14. Vsus Circumcisionis ex prohibitione est factus malus actus malus non honestatur propter intentionem bonam Aquinas 22. q. 11. c● 12. q. 103. Art 4. As one should mortally sin who should say Christum nunc nas●iturum Christ is yet to be incarnat So the using of the Iewish Ceremonies were a lie in fact Cajetan and Toletus acknowledge a lie in fact Salmeron in Gal. 5. q. 2. saith It is unlawfull to use the Iewish Ceremonies Aegidius Comick de actib supernatural lib. 2. disp 15. dub 3. ● 39. Nullo modo licet obullum finem uti Ceremoniis propriis falsae Religionis Vasquez 12. disp 182. ● 48. Patres Doctores communiter tenent non licere Lodo. Meratius Iesuita to 1. in Thom. tract de legib disp 19. Sect. 2. n. 5. Mentiti fuissent Apostoli usurpantes exteriores legis Mosaicae Ceremonias si non ex anim● usurpabant tanquam sibi vere licitas ex animo vere colendi Deum per illas sicut ab aliis per easdem colebatur So Grego Valent. Tom. 2. disp 7. punct 7. q. 7. Soto de justif l. 2. q. 5. It is a Religious scandall to the users of these Ceremonies for Ceremonies devised by men of no necessary use in Gods worship are monuments of Idolatry snares drawing the practisers to Idolatry and so unlawfull as the High places Groves Images though not Adored of the Canaanites This Argument is so learnedly prosecuted by D. Ammes that I adde nothing to it QUEST V. Whether the Ceremonies especially kneeling in the act of receiving the Sacrament be guilty of idolatry VVHoever presumeth to invent a worship of his own committeth Idolatry interpretatively because he worshippeth a God whom he conceiveth is pleased with false worship But that is not the true God for he is pleased with no worship but what he hath prescribed himself but all inventers and practisers of humane Ceremonies worship such a God Also all who usurpeth the room and place of God give the glory of God to creatures but all Authors and practisers of

observe Saints-dayes and believe Crossing and Surplice hath this Religious signification because the Church saith so then is our obedience of conscience finally resolved in the Testimony of men so speaking at their own discretion without any warrant of scripture 2. To believe and obey in any Religious Positives because it is the pleasure of men so to Command is to be servants of men and to make their will the formall reason of our obedience which is unlawfull If it be said that we are to believe and Practise many things in naturall necessity as to eat move sleep and many circumstantials of Church-Policy because the Law of naturall reason saith so and because there is an intrinsecall conveniency and an aptitude to edifie to decore and beautifie in an orderly and a decent way the service of God and not simply because the Church saith so nor yet because the Lord speaketh so in the Scripture and therefore all our obedience is not Ultimately and finally resolved into the Testimony of the Scripture I Answer That there be some things that the Law of Nature commandeth as to move eat sleepe and here with leave I distinguish Factum the common practise of men from the jus what men in conscience ought to do as concerning the former morall and naturall mens practise is all resolved in their own carnall will and lusts and so they eat move and sleep because nature and carnall will leadeth them thereinto not because God in the Law of nature which I humbly conceive to be a part of the first elements and principles of the Morall Law or Decalogue and so a part of Scripture doth so warrant us to do and therefore the moving eating drinking of naturall Moralists are materially lawfull and conforme to scripture for God by the Law of nature commandeth both Heathen men and pure Moralists within the visible Church to do naturall acts of this kinde because the Lord hath revealed that to be his will in the Book of nature But these Heathen do these acts because they are suitable to their Lusts and carnall will and not because God hath commanded them so to do in the Book of nature and this is their sin in the manner of doing though materially Et quod substantiam actus the action be good and the same is the sin of naturall men within the visible Church and a greater sin for God not only commandeth them in the Law of nature but also in Scripture to do all these naturall acts because God hath revealed his will in these naturall actions as they are morall to naturall men within the visible Church both in the Law of nature and in the scripture and De jure they ought to obey because God so commandeth in both and in regard all within the visible Church are obliged to all naturall actions in a spirituall way though their eating moving sleeping be lawfull materially Et quod substantiam actus yet because they do them without any the least habituall reference to God so commanding in natures Law and scripture they are in the manner of doing sinfull otherwise Formalists go on with Papists and Arminians to justifie the actions of the unregenerated as simply Lawfull and good though performed by them with no respect to God or his Commandment 2. As concerning actions of Church-Policy that cannot be warranted by the light of nature and yet have intrinsecall conveniency and aptitude to edifie and decently to Accomodate the worship of God I conceive these may be done but not because the Church so commandeth as if their commandment were the formall reason of our obedience but because partly the light of the Law of reason partly scripture doth warrant them but that Crosse and Surplice can be thus warranted is utterly denied Again I conceive that there be two sort of positives in the externals of Government or worship 1. Some Divine as that there be in the Publique Worship Prayers Praising Preaching Sacraments and these are substantials that there be such Officers Pastors Teachers Elders and Deacons that there be such censures as rebuking Excommunication and the like are morally Divine or Divinely Morall and when the Church formeth a Directory for worship and Government the Directory it self is in the Form not simply Divine And if it be said that neither the Church of the Jews nor the Church Apostolique had more a written Directory nor they had a written Leiturgy or book of Common Prayers or Publick Church-service I answer nor had either the Iewish or Apostolick Church any written Creed or systeme written of fundamentall Articles such as is that which is commonly called the Apostolick Creed but they had materially in the scripture the Apostolick Creed and the Directory they had also the same way for they practised all the Ordinances directed though they had no written Directory in a formall contexture or frame for Prayers Preaching Praising Sacraments and Censures never Church wanted in some one order or other though we cannot say that the Apostolick Church had this same very order and forme But a Leiturgy which is a commanded imposed stinted Form in such words and no other is another thing then a Directory as an unlawfull thing is different from a Lawfull 2. There be some things Positive humane as the Ordering of some parts or worship or Prayer the forme of words or phrases and some things of the Circumstantials of the Sacrament as what Cups Wood or Mettall in these the Directory layeth a tie upon no man nor can the Church in this make a Directory to be a Church Compulsory to strain men And this way the Directory is not ordered and commanded in the frame and contexture as was the Service-Book and the Pastor or people in these are not properly Morall Agents nor do we presse that scripture should regulate men in these But sure in Crossing in Surplice men must be Morall Agents no lesse then in eating and drinking at the Lords-Supper and therefore they ought to be as particularly regulated by Scripture in the one as in the other Quest But who shall be judge of these things which you say are Circumstantials only as time place c. and of these that Formalists say are adjuncts and Circumstances of worship though also they have a Symbolicall and Religious signification must not the Church judge what things are indifferent what necessary what are expedient what Lawfull Answer There is no such question imaginable but in the Synagogue of Antichrist For as concerning Norma judi●andi the Rule of judging without all exception the scripture ought to be the only rule and measure of all practicall truths how Formalists can make the Scripture the rule of judging of unwritten Ceremonies which have no warrant in Scripture more then Papists can admit scripture to regulate and warrant their unwritten Traditions I see not we yield that the Church is the Politick Ministeriall and visible judge of things necessary and expedient or of things not necessary

deliberation be not extraordinary and such as cannot be recompenced by the goodnes which appeareth in the act of Obedience Doubting is no internall part or essentiall cause of sin vve sin not because vve doubt but because vvhile vve doubt vve prefer an evil or a lesse good before a good or a greater good So their sin vvas not doubting but they preferred not eating vvhich vvas a bodily losse onely to the evil feared vvhich vvas to be partakers of the Table of Devils and being Apostates from the Israel of God Ans Paul expresly saith doubting is sin and condemneth it ver 23. and requireth ver 5. Let every man be perswaded in his conscience v. 21. Happy is he that condemneth not himself in that which he alloweth v. 23. Whatsoever more or lesse in Morall actions is not of Faith is sin 2. Internall perswasion Rom. 14. 14. Is an internall cause of obedience as v. 21. And therefore doubting being a sin that condemneth Rom. 14. 23. must be such a sinfull ingredient as maketh the action sinfull 3. We both sin because we doubt and also because we prefer a lesse good or an evil to a greater good 4. No feared evil though never so evil whether of sin or punishment if it follow not kindly but only by accident and through the corruption of our nature should or can make us do any thing doubtingly or sinfully for then we might do evil that good might come of it No good of obedience can warrant me to sin and disobey God nor should that be called obedience nor is it obedience to men which is disobedience to God 5. It is an untruth that non-eating was only a bodily losse for non-eating Physicall is a bodily losse but Paul urgeth non-eating morall to eschew the fall of one for whom Christ died 6. The Doctor saith Ibidem No power under the Heaven could make a Law over the Romans injoyning such meats because Gods law as they conceive condemned them Now how pleasant are right words I assume we conceive God hath denounced all the plagues written in his Book upon practisers of humane Ceremonies as upon adders to the word of God Rev. 22. 19. Yea Heresies to with that Christ is not the consubstantiall Son of God may seem probable to us shall the good of obedience in believing my Pastor whom God hath set over me hinder me to obey 7. Papists say also that Scripture is perfect in generall allowing that Ceremonies should be when Paul saith Let all things be done in order and decency 1 Cor. 14. But the Scripture giveth no particular warrant for these but onely the Churches determination So Scotus Suarez Bellarmine Vasquez Bannes and Duvallius The Scripture implicitely and generally containeth all the substantials necessary for salvation but not traditions in particular that is the Churches part just as Formalists say order and decency is commanded in the word but Crossing Surplice Humane dayes and such are left to the Prelates Kalender to fill up what his Lordship thinketh good So Hooker c Speech is necessary but it is not necessary that all speak one kinde of Language Government is necessary but the particulars Surplice Crossing c. Are left to the Church 2. What is negatively Lawfull here cannot be admitted If Rulers may Command one thing that is negatively Lawfull they may Command all things because what they Command under this formall reason as not against Scripture they should not adde nor devise new worship though they Command all of that kinde But the latter is absurd for so they might Command in Gods worship 1. The actions of sole imagination the lifting of a straw and all idle actions that cannot edifie 2. They might Command a new Ark to represent Christ incarnat as the Jews Ark did represent him to be incarnat a new Passeover to represent the Lambe already slain and all the materials of the Ceremoniall Law with reference to Christ already incarnat dead and risen again For all these are by Formalists Learning negatively Lawfull Shew us a Scripture where they are forbidden more then Surplice Crossing except because they be not Commanded If it be said They do not Command things negatively Lawfull as such but as they edifie and teach Well then 1. As they edifie and teach they are positively good and apt to edifie and so must be proved by the Word as Commanded and so not negatively Lawfull and not as beside but as Commanded in the Word 2. Yet it will follow that all these may be used in Faith that is out of a sure perswasion that they are not contrary to Gods Word and so Lawfull I might dance in a new linnen Ephod before a new Iewish Ark representing Christ already incarnat and that in the negative Faith of Mr. Sanderson Hooker and Jackson for this Ark is not against Scripture yet this Ark is not Commanded and so not forbidden 3. Idle actions that have no use or end might be Lawfully Commanded by this because they are not forbidden yet are such unlawfull Quia carent justâ necessitate et utilitate as Gregorius saith I prove the connexion because an action Morall such as to Sign with the Crosse performed by a Subject of Christs visible Kingdom for Gods glory and edification of the Church which yet is neither Commanded nor forbidden by God nor Commanded by natures light for none but those that are beside reason will say this nor light of Gods word or the habit of Religion hath no more reason then the making or forming a Syllogisme in Barbara which of it self cometh only from Art and as such hath no Morall use and by as good reason may the Church Command dancing before a new devised Ark yea such an action involveth a contradiction and is Morall and not Morall for of its own nature it tendeth to no edification for then it might be proved by good reason to be edificative and an action cannot be edificative from the will of men for Gods will not mens will giveth being to things 4. What is beside Scripture as a thing not repugnant thereunto wanteth that by which every thing is essentially Lawfull Ergo It is not Lawfull The Consequence is sure I prove the Antecedent Gods Commanding will doth essentially constitute a thing Lawfull Gods Commanding will only maketh eating and drinking bread and wine in the Lords Supper Lawfull and the Lords forbidding will should make it unlawfull and Gods forbidding to eat of the Fruit of the Tree of knowledge of good and evil maketh the non-eating obedience and the eating disobedience As the killing of Isaac by Abraham is Lawfull and that because God Commandeth it and the not killing of him again is Lawfull when God forbiddeth it But things negatively Lawfull and beside the word of God wanteth Gods Commanding will for God Commandeth not the materials of Jewish Ceremonies to represent Christ already come and such like for if he should Command them they

in the second table Rom. 13. 3 4. Isai 49 23. and you said elsewhere that externall peace is too narrow an object for the Magistrate for the intrinsecall end of a Magistrate is also a supernaturall good and not only a peaceable but also a godly life 1 Tim. 2. 2. Ans It is true the Magistrate as the Magistrate doth care for the supernaturall good of subjects and the duties of Religion and the first table but how intrinsecally and as a magistrate that is that men worship God according to his word But 1. The magistrate as such hath nothing to do with the spirit nor can he command the sincerity of the worship his care is that there be a divine worship that is materially and externally right and consonant externally to the rules of the word and for this cause learned divines make the externall man the object of the magistrates office but not the externall man as doing the duties of the second table only but also as serving God in the duties of the first table for which cause I said Augustine meant the same when he said that Kings serve God as men and as Kings 2. Magistrates as magistrates are to extend their power for Christ that is that not only there be Iustice and Peace amongst men but also that there be Religion in the land yea that the Gospel be preached so all our Divines make the King to be custos ●t vindex utriusque tabule Yea I think he is a keeper and preserver of the Gospel also and is to command men to serve Christ and professe the Gospel and to punish the blaspheming of Iesus Christ and this is royall and magistraticall service that the King as King performeth to God and to Iesus Christ the mediator ex conditione operis in regard that good which he procureth as King materially and externally is consonant to the supernaturall Law of the Gospel but it is not magistraticall service to Christ ex intentione operantis Obj. 4. When it s required that the Magistrates be men fearing God hating coveteousnesse c. is not this an essentiall ingredient of an King as a King that he read in the book of the Law that he may feare God Deut. 17 Ans There is a twofold goodnesse here to be considered one of the magistrate as a magistrate another as a good and Christian magistrate The former is an officiall goodnesse or a magistraticall prudence justice and goodnesse this is required of all magistrates as such to judge the people so the acts of an heathen magistrate done according to common naturall equity by Nebuchadnezzar Pilate Cesar Felix Festus are to be acknowledged as acts of a Lawfull Magistrate valide and no lesse essentially Magistraticall then if performed by King David and of this goodnesse the Scriptures speak not as essentiall to a Magistrate as a Magistrate But there is another goodnesse required of Magistrates as they are Members of the Iewish Church and as they are Christians and of these the Scripture speaketh and so Magistrates not as Magistrates but as good and Christian are to be such as feare God hate covetousnesse respect not the face and favour of men so it s denied that the fear of God hating of covteousnesse are essentiall ingredients of Kings as Kings For Kings as Kings intend justice peace godlinesse materially considered both ex conditione operis and operantium But for justice and righteous judgement in a spirituall and an Evangelick way that belongeth not to the essence of a Magistrate nec ex conditione seu ex intentione operis nec ex conditione operantis The Holy Ghost requireth it of judges as they would approve themselves as truly Holy and Religious and would be accepted of God and in this sense Kings as Kings do not serve God nor the mediator Christ nor yet as men only they serve God and the mediator Christ as Christian Kings or as Christian men rather III. According to that third member of our seventh Distinction The unjust and evil exercise of the Ministeriall power is obnoxious to the magistrate as the magistrate thus in that he beareth the sword against all evil doers Ro. 13. 1. The magistrate as the magistrate doth only command well doing in order to praise and a good name or temporall reward amongst men Rom. 13. 3. Do that which is good and thou shalt have praise of the power 1 Tim. 5. 17. Matth. 10. 10. Nor can the magistrate as the magistrate promise or command the Elders to feed the Flock with the promise of the reward that Peter promiseth 1 Pet. 5. 4. to wit That when the chief shepheard shall appear they shall receive a Crown of glory that fadeth not away The magistrate as a Preacher if he be one as David and Solomon were both or as a godly religious Christian man may hold forth such a promise but not as a Magistrate and upon the same ground the Magistrate as the Magistrate cannot forbid careles unsound preaching and rigorous and tyrannicall ruling or rather domineering over the Flock under the pain of death eternall for he can but kill the body and hath but the carnall and temporall sword Rom. 13. 4. and so he can inhibite ill doing only in order to temporary punishment and though the duty of the former be spirituall and the sinne of the latter also yet the externall man is capable only of the Magistrates promises and threatnings as they respect evill or good temporary so that it is a wonder to me that M. Pryn or any learned man can say that magistrates can make Lawes to binde the conscience sure it is ill divinity 2. If there never had been sin there should have been no government but of Fathers and Husbands there should have been no magistraticall dominion not any magistraticall allurement to weldoing by temporall rewards not any terrifying from evill doing from fear of the sword death stripes or bands and God governed the Apostolick Church and they attained the Crowne and supernaturall end of life eternall without the accessory hire of a a temporary reward from the magistrate and the subsidy of his sword Ergo it is evident that the magistrate is neither an essentiall nor an integrall part of the visible Church as the visible Church injoying all the Ordinances of God Word Sacraments Discipline Censures Rebukes Admonition Excommunication Prayers Mutuall edification in as great perfection as is happily attainable in this life without yea against the will of the civill magistrate Though it be a great incouragement to have the King a Nurse-father yet hath not Christ counted it simply necessary to his visible Church injoying all the Ordinances of God to the full 3. If the magistrate do only command the teachers and Pastors to preach and determine synodically in order to a temporall reward and forbid them to abuse their ministeriall power in order to temporary punishment by the temporary sword then surely the Pastors and Teachers are