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A84062 The nullity of church-censures: or A dispute written by that illustrious philosopher, expert physician, and pious divine Dr Thomas Erastus, publick professor in the University of Heidelbertge, and Basil. Wherein is proved by the holy Scriptures, and sound reason; that excommunication, and church-senates or members, exercising the same, are not of divine institution; but a meere humane invention. Erastus, Thomas, 1542-1583. 1659 (1659) Wing E3217; Thomason E1783_2; ESTC R209663 63,863 128

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this man the Arke of God was carried and things belonging to religion were done as is manifest by the whole Book of Joshua Samuel and Eli when they did discharge both the Offices they did offer as Priests and as Judges they put in order things belonging to the Common-wealth together with Religion And indeed it was lawfull for the high Priests in the Old Testament to govern also civill business because they were Types of Christ as King and Priest but to our Priests it is said but you shall not do so 1 Pet. 5. which belongeth likewise to this place LXXIV When ye come to the Kings of the Jews the matter is also clear of David no man doubteth who did dispose of all Offices and Ministers of the Church as is manifest Let any man read who will 1 Chron. 22 27. Afterwards Salomon the King did not only build the Temple but did also consecrate it and not a Priest Hitherto belongeth that famous History of Jehosophat 2 Chron. 19. which being diligently pondered will clear this cause excellently as doth likewise the History of most holy King Ezekias and to conclude the whole Old Testament Wherefore if that Common-wealth and Church was most wisely founded ordered and constitute That Church cannot but be praised that cometh as near as the circumstances and present matters will permit to its forme Therefore wheresomever the Magistrate is pious and Christian there there is not read in any person who under another name of life should governe or punish as if the pious Magistrate differed nothing from the prophane It is really the worst of all errors saith Mr. Wolfgang Musculus in his common places of the Magistrate out of which I have written out what next proceeded that most part think no otherwise of the Christian Magistrates then of the dominion of the profane whose power is only to be acknowledged in civill matters Therefore if the godly Magistrate hath not only received power to constitute religion according to the precept of the holy Scriptures and to dispose of its Offices and Ministers for which cause Moses commandeth him Which is chosen King with his own hand to write out the Book of the Law or Moses's own writings and to exercise himself therein continually But likewise also to punish vices Then in vain do now some amongst us thinke of a new forme of judgment which shall reduce the Magistrate himself orderly and under his own subjects For that Ecclesiastick judgment-Seat of manners for Doctrine the Magistrates ought ever to consult them that are most acquainted therewith it is not to be found commanded in any place of the holy Scriptures LXXV But in these Churches that live under an ungodly Magistrate to wit under a Popish or Turkish grave and godly men must be chosen who must give judgment betwixt men that are at strife and must compose all differences and do other things of this kind And the same men ought together with the Pastours to admonish and rebuke unclean and defiled persons And if they prevaile nothing they must punish them either by denying them private commerce or by publick rebuke or by taking some other such notice of them But they cannot debar them that desire to come to the Sacraments instituted by God For who judgeth the heart but God It may come to pass that a sparke may be kindled by the publick Preaching To norish which by any means that opposeth not Piety is not only unprofitable but altogether fruitfull And I pray you how can it not be absurd and therefore ungodly to debar one from the publick and solemn Thanksgiving for the remembrance of the death of the Lord which findeth in his heart that he is compeld to celebrate the same together with the Church and who is willing to declare himself to be a member thereof and will publickly declare that his by-past life i●d ispleasing to him Appendix PErchance it will not be besides the purpose if in place of an addition or corollary I adde what was decreed by all the Orders of the Laicks belonging to the Empire in their meeting at Nurenberge Anno. 1523. concerning this matter and were offered to the Pope of Rome For by this meanes-will appear that before about 46. years ago the Divines begun to thinke of this Dispute neither are we the first that move the same Indeed I believe there is not any that is but in a mean measure acquainted with the Germane affaires which either thinketh or believeth that any of these things were decreed or desired from the Pope without the knowledg of the Divines But that the matter might be more clear it pleased me to conferre the Dutch examples which was writ in the writing it self with the Latine one which was sent to the Pope which Illyricus Printed with this Book of the Sects and Schisms of Popery at Basil 1565. and out of the colation of both is set down the whole Decree Therefore amongst the one hundred grievances which were two years before done at Wormes but were now set down more distinctly at Nurenberg the Thirty fourth pronounce thus Item Many Christians at Rome and in other places also are Excommunicated by Arch-Bishops Bishops and their Ecclesiastick Judges for profane causes and temporall goods And many infirme consciences are afflicted therewith and led into dispaire So for many and for transitory things and very oft for very light causes some besides that they loose their honour and their fortunes are thrown into the danger both of soul and body When notwithstanding no man ought to be Excommunicate or ought to be esteemed for an Excommunicate person as the holy Scriptures witnesseth except he that is convict of Heresie Wherefore the Laick orders of the holy Empire beseecheth the Popes holiness as becometh him and appears in a Religious Father that he would altogether abrogate this burden of Excommunication at Rome or in the Roman Court and that he would have a care that it should be taken away every where in all other places from Arch-Bishops Bishops and their Judges And to conclude That he would command that no man should be Excommunicate or holden for an Excommunicate Person for any other cause but for the manifest and convicted sin of Heresie belonging to Religion For men ought altogether otherwise either for temporall goods or for any other humane offences be removed or separate from God and his Church except for Infidelity and Heresie Hitherto likewise belongeth that which John Stiumfius in his Chronicle of Helvetia Book 2. of Germany Chap. 29. That the Priests through Swablan about the year of our Lord 1245. when by the instigation of the Pope Hendric Lantgrave of Turengia and after his death William Earle of Holland was chosen against the Emperour Frethrick the second and his Son Conrad did constantly amongst other things teach That it was not granted to any mortall man under the Sun to forbid Christians spirituall duties and the worship of God For this cause they continually say a Masse
Christs Passion do first demonstrate this and the next this other testimonies also This sendeth forth armed men to apprehend Jesus it examineth witnesses against him as it would have it to seem commandeth Christ to be brought be brought before it and delivereth him bound to Pilate having condemned him first publickly It condemneth Stephen openly and commandeth him to be kil'd It commandeth the Apostles to be shut up in publick Prisons it commandeth them to be beaten holding a publick counsell concerning that matter it giveth to Paul a commission and power to draw from other Towns the godly being bound to Jerusalem that they miuht be kild there Acts 24. The Jews themselves and the Judges or Synedrium in plain tearms affirme this by Tertullus the Orator when they accused Paul to Faelix Tertellus saith According to our Law we would have condemned him except Lysias had by force taken him out of our hands Acts 23. Paul saies to the chief Priest dost thou sit to judg me here according to the Law and yet against the mind of the Law commands me to besmitten Afterwards Acts 26. he confesseth before Agrippa and Festus that he put many Saints at Jerusalem and other places in Prison having received power for this purpose from the chief Priests and that he likewise kild them with the sentence and voice and that he compeld them with torments and punishments to blaspheme through all the Synagogues and he received power from the chief Priests likewise to handle the Saints in forreign Towns and among these in Damascus I believe Agrippa and Festus knew whither it was lawfull for the Synedrium or not to do these things Except it had had this power they would not have absolved Paul by their votes as immediately they do For Pauls sins should have been no less against Caesar then the Pharisees for he offends no less who doth unlawfull things by the permission and command of them to whom it doth not belong to permit or command it then he who doth command such things but neither of them are accused and Paul is clearly absolved as one that hath done nothing worthy of bonds Neither would Pilate have said John 18. take the him away and according to your Law judg him if they had not had thts power therefore when they say it is not lawfull to kill any body this is to be understood of the feast day for fear of the people as Augustin expoundeth it or of the sort of death to which they desired Christ to be put as Chrysostome interpreteth it to this opinion the words of John fitly agrees these things was done saith he that it might be fulfilled which Christ had spoken signifying what death he should die Hither also it belongs that in the 26. of Matthew Christ saith That he could not be taken at other times by them when he sate in the Temple and taught because the Scriptures might have been fulfilled therefore then they took him when for fear of the people and the feast instant they could not kill him Matthew 26. Marke 14. Wherefore seeing they could indure him no longer neither was it safe for them to put him to death it followed that he should be delivered up to the Romans that so all things might might come to pass as he had foretold should come to pass unto his Disciples Mat. 20. which are first insinuate by Johns words and after by Augustins and Chrysostoms To this likewise belongs that crying out of the people Cruci●e him crucifie him Matthew 27. Mark 15. Luke 23. John 19. L. From these it appeareth that it is not true that is affirmed by some that the Synedrium had no power of the Sword nor right to put to death and that Steven was stoned of it in atumultuary manner That they had a power I approved with unanswerable Arguments that Stephen was not kild in a tumult appeareth from that that he was accused before the Judgment seat That witnesses were heard albeit false witnesses that he was led out of the Towne that the same witnesses did according to the command of the Law throw first stones at him as may clearly be known by laying down their cloaths at the feet of Paul the same is proved also perspicuously from Historie For the Romanes permitted all people but namely the Jews that living within and without Judea to use their own Laws in matters belonging to Religion and so freely according to the Law and rites and manners as Josephus witnesseth In the fourteenth Book of his Jews antiquities in the 12.16 and 17. Chapters thereof according to the distinction of the Greek Copies and in the 12. Chapter he setteth Strabo as his Author writing of the Town of Cyrene that they there had a chief Ruler who heard all their causes and that did govern their common wealth no otheswise then as if he had been a Prince of a perfect Republick Hitherto likewise belongs those things which are read Acts 18. concerning Gallio the prefect of Corinth The same Author the 16. Book and 4. and 5. Chapter relates how Herod obtained from Agrippa unto the Jews that live through Asia that it should be lawfull for them afterwards to live according to the priviledges that were now already granted unto them by the Romans I therefore mention these thing because some object that Herod did kill the Synedrium and did bereave it of all power How could Herod take from them at Jerusalem the power of judging and decerning of things belonging unto their Religion according to the Law who indeavoured to preserve and procure the same to them that dwelt in Asia Moreover Christ did not teach under Herod or Archelaus but under Pilate Indeed the Jews made Pilate himself take his military Banners out of the Towne which he had caus'd secretly to be convoid in Least they should against the precepts of God suffer Images to be in their Town They keep this power to themselves to the destruction of the Town which is clearly understood by the Oration which Joseph had to the besieged The Romanes saith he in the 5 Book of his Jewish war do desire that tribute which our Ancestors were wont to pay to their fathers which if they obtain they neither will plunder the Town nor at all touch our holy things they grant to you your Families Children and possessions and suffer your holy Laws to remaine safe After the taking of the Town Titus himself speaks all most the same words to the Jews in the 6. Book of Josephus Therefore whither we consult the holy or Jewish History it doth most certainly appear that the Synedrium unto which Christ bid us complain had the power of the Sword or of putting to death but chiefly of those that should act any thing against their Religion But in politick matters and in cases of wrong where the Law had constitute nothing of certainity I do not doubt but that the Romans had taken to themselves either all or most part and usurpt
so they had the gift of striking as appeareth in the 5.13 of the Acts for this cause we do not read that the Apostle ordained any men who were commanded to exercise this power Wherefore the Apostle writes in divers places that he would come with authority that he would become sharp and rigid that he would act according to the power given him of God that he would come with a rod he commandeth that the sinners may be signified to him by an Epistle But he commandeth in no place this to the Presbyters that is no doubt that this power was then given to the Apostles and to none other Hitherto it belongeth that which he writeth 1 Tim. 1. of Hymeneus and Alexander that he not the Church not the Presbytery not any other had delivered them to Satan LIX By circumstances and arguments I have evidently shewn that to deliver to Satan was another thing then to keep back from the Sacraments which now I shall more clearly demonstrate from the words themselves also and from the propriety and nature of the speech First The Apostle doth not say why have ye not interdicted this wicked man the use of the Supper but he saith this why have ye not sorrowed that is why have ye not besought God by your sorrow and Prayers that he would take away by whatsomever means this man from amongst you Augustin in his 3. Book against Parmen so interpreteth this place but saith he that he may be taken away with sorrow that is that the sorrow of the lamenters might ascend unto God and he might take away this work from the midst of them as he thought fit he expoundeth after the same manner of way those words which the same Apostle hath in the 12. Chap. concerning sorrow they agree likewise with Augustin and with the truth who thinks the Apostle alludes to the place 1 King 21. out of which place we conjecture that this custome was kept by the Antient Jews that they should search out enormeous crimes by Fasting Praying and publick sorrow and being found out they did not punish them according to the Law Wherefore seeing the Church wanted the Sword he did exhort them that they should obtain from God that they should be taken out of the middle of them which is farre different from that which we call to Excomunicate any man Moreover by what fit Author will they ever shew unto us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be taken o●t from the middle of you is the same that to be debard from the Sacrament is he is only properly to be said to be taken out of the middle that is put to death For albeit he that is banished may be said to be cast out of the middle of others nevertheless this is neither usuall nor a proper speech amongst the Grecians or at least it is not sound to be set down in the holy Scriptures but if he commanded him to be thrust out of the society of the faithfull what needed publick sorrow and besides he should have been sent unto the Gentiles But that which is added is against this that his soul may be safe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which could not be safe out of the Church If you say that he was only removed from the Sacraments and private commerce he was not taken out of the middle of them for I believe that no man will ever demonstrate that the Apostle commanded him only to be kept from the use of the Sacraments and from the private diet and society of the Christians Therefore this is stitched to the Apostles words which can be shewn he never thought of indeed I believe that there is not any that is acquainted with the holy Scriptures and their more ancient Interpreters that would doubt but that the Apostle borrowed this sentence and therefore these words from Moses in Deutronomy for it is put by Moses for killing and for no other thing in the 17 19 21 22 24 Chapters of that book in all these places the same words are found when in the 13. Chap. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he hath put on the same sense and meaning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is impossible then that to take out of the middle should signifie in this place Excommunication as now Excommunication is taken Thirdly It seems by the Text that that miserable man did not persevere in that wickedness for he saith hath done this deed And concerning him that hath so done this deed which prove that he hath done it but does not shew that he doth it still So he seemeth to desire that he may be punished for the crime that is already committed as God hath commanded to be done and a good Magistrate useth to do Indeed when he saith that his soul may be safe he seemeth to have known that he was penitent for the fact For how could he have written this else of him of whose mind concerning the crime he was not yet informed of Fourthly He faith that he hath resolved to deliver such an one unto Satan for the destruction of the flesh that the spirit may be saved in the day of Jesus Is it not yet known what the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth signifie who ever found this Verb put either in prophane Writers or in the holy Scriptures as it is put here and that it did not signifie the same that to concede to permit to give over doth signifie the person that gives doth precede the person to whom it is given doth follow and that which is given is also a person and last this is added also for which and for what end it was given the Speech is such as if I should say I would deliver my son to a Master for instruction or correction what man will doubt but he that heareth a man speak thus doth think but that he delivereth his son to the power of the Master that he may instruct him or chastise him he that desires to see examples let him looke to thee 1 Tim. 1. Acts 27.28 Matth. 5.18 27. Mark 13. John 19. and is most like to that that is contained Matth. 24. they shall deliver you up to be afflicted and Mark 13. the Brother shall deliver up the Brother to death and 2 Pet. 2. delivered them unto chains of darkness to be reserved unto judgment and in the Book of Job 2. God speaketh to Satan in these words Behold I have delivered him up to thee but only save thou his life Doth not these places teach that they were delivered up to be afflicted to be kild to be condemned the summe is not any shall ever be able to shew that such a phrase is put for that which is to be debarred from the Sacraments except the perishing of the flesh and the forbidding of the Sacraments be the same thing Fifthly It is impossible that this Noun 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can be shewn to be put in the New Testament for the punishing of the lust of the flesh