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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

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brother that is a fornicator Erastus saith he forbiddeth no such thing 2. Though I think Christians may eat with heathens 1. Cor. 10. 27. and that Paul did eat with heathen yet it is no argument to say it is therefore lawfull to eat with one cast out of the Church because we may eat with heathens to gain them and we are not bidden abstain from heathens company that they may be ashamed of their religion though Christians are to use no heathens with intimate familiarity as we do our brethren in Christ But we are to eschew intire fellowship with a scandalous and cast out brother to gain him that he may be ashamed 2 Thes 3. 14. and in this a scandalous brother is in worse case then a heathen But in other respects he is in better condition as being under the medicine of the Church 3. Though we may have commerce and buy and ●ell with heathens and neglect no dutie● of humanity to them as to receive them into our house and to be hospitall to them Heb. 13. 2. Iob 31. 32. Yet this will conclude intire fellowship with neither heathen or scandalous brethren Yea we are not to receive a false teacher into our house 2. Ioh. ver 10. Yet are we not forbidden to neglect duties of common humanity to false Teachers though we be forbidden intirenesse of Brotherly fellowship with them Erastus There is not the same reason of holy things and of private civill things for this not eating belongeth to private conversing with men not to publike Communion with them in the holy things of God One saith It is in our liberty Whether we converse familiarly with wicked men or not But it is not in our power Whether we come to the Lords Supper or not And Paul will not have us to deny any thing that belongeth to Salvation and therefore he saith 2 Thess 3. Admonish him as a Brother and none I hope can deny but the Sacraments are helps of godlinesse and Salvation Ans 1. It is true that avoiding of the company of scandalous Brethren hath in it something civill but it is a censure-spirituall and a Church-censure two wayes 1. Objectively in its tendency Respectu termini ad quem 2. Effectively in its rise and cause Respectu termini à quo it is a spirituall censure Objectively because it tendeth to make the party ashamed that he may repent and become a Brother with whom we are to converse and therefore is destinated for no civill use but for the good of his soul that is a member of a Church that he may return to what he was 2. This censure though one private Brother may exercise it upon another yea a woman on a man who yet hath no Authority over the man is notwithstanding in its rise and efficient cause a Church-censure 1. If Christ will not have one Brother to condemne another while first he rebuke him and if he be not convinced while he do the same before two or three witnesses and if he yet be not gained one private Brother may not after conviction before two or three witnesses repute him as a Heathen or complain of him before an Heathen Iudge as Erastus saith How shall we imagine any one single Brother may withdraw Brotherly fellowship from another Brother by his own private Authority while he first be sentenced before the Church And the Church shall convince him to walk disorderly to cause divisions and offences to be a Fornicator a Covetous person and so to be unworthy of the intire Brotherly fellowship of another For if this order were not in the Church every Brother might take up a prejudice at his Brother and so break all bands of Religious Communion and Brotherly fellowship and dissolve and make ruptures in the Churches Now certain it is These Texts Rom. 16. 17 18. 2 Thes 3. 11 12 c in the letter intimate no such order as is Matth. 18. But it is presupposed as clear by other Scriptures we are not to withdraw from an offending Brother but after such an order Now the places in the letter except we expound them by other Scriptures do not bear that we are to rebuke our Brother before we withdraw from him contrary to Levit. 19. 17. 2. If I am to withdraw from a Brother all Brotherly fellowship by these places then I am to esteem him as a Heathen and as a Brother in name not in reality 1 Cor. 5. 11. Whereas once I esteemed him a Brother and did keep Brotherly fellowship with him now this is materially Excommunication I do no more in this kinde to one who is formally Excommunicated yea I am not so strange to a Heathen Ergo This I must have done upon some foregoing sentence of the Church otherwise I might un-Church and un-Brother the man whom the Church neither hath nor can un-Church and un-Brother 3. Eschewing of Brotherly fellowship to any is an act of Government distinct from the Preaching of the Word tending to make a Brother that walketh disorderly ashamed that he may repent and of a Brother in name only may become a Brother in reallity 2 Thes 3. 14. But this act of Government belongeth not to the Christian Magistrate for every Brother saith Erastus may exercise it toward his Brother Ergo here is Church-Government that the Magistrate hath no hand in contrary to the way of Erastus and not in the hands of Pastors for it is distinct from Preaching nor is it in a Colledge of Pastors Doctors and Elders for Erastus denyeth any such Colledge Ergo here every one must govern another the man the woman and the woman the man the son the father if he walk unorderly and the Father the Son this can be nothing but the greatest Confusion on Earth 4. To put any to shame especially publikely by way of punishment for publike sins must come from some Iudges or others armed with Authority Iudg. 18. 7. 1 Cor. 4. 14. 1 Cor. 6. 5. 1 Cor. 25. 34. Then the Apostles sense cannot be that every one hath power of himselfe without the Church or any authority there from to put his brother to shame for when a brother is not to eat with a scandalous brother he must be convinced by the Church to be scandalous and so cast our 1 Cor. 5. 11 12 13. as we have proved before and every man here should be his owne judge and party in his owne cause except he put his brother to some shame by an higher authority then his owne The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to put a publike note or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the offender So Stephanus So Piscator Nota ignominiosâ excommunicationis Pomponius laetus de Magistr Rom. ● 21. Censores quinto● quoque anno creari solebant hic prorsus cives sic notabantur ut qui Senator esset ejece●etur Senatu qui eques Romanus equum publicum perderet c. Mathaeus Harnish Gec Gabellus who adde to Zanchius his Commentary in 2
not subordinate to the Ministers of the Gospel as Ministers far lesse to the Magistrate as the Magistrate because it dependeth upon none on earth Minister or Magistrate but the only good pleasure of him who when he ascended to heaven gave gifts unto men that there is such an office as Minister Pastor or teacher And the Church cannot create a new office of a Prelate because of its nature it tendeth to a supernaturall end the governing of Christs body in a way to life eternall purchased by Christ Now the question in this sense whether the power of the Ministery be subordinate to the Magistrate in its constitution it is alike in its subordination to Magistrate and Minister certain it is subordinate to neither Other lawfull and profitable offices and Arts are from God mediately possibly by the intervening acts of rationall nature though Magistracy be from God Rom. 13. 1. yet it would seeme God by the naturall reason of men might devise and constitute the very office of Magistracy in abstracto and the Art of sayling painting c. yet is there no subjection of power to power here by way of dominion Hence the question must be of the subordination of the power quoad exercitium whether Ministers in the exercising of their Ministeriall calling be subordinate to the Magistrate as the Magistrate 5. Dist A judge is one thing and a just judge another thing so here are we to distinguish between a Magistrate and a Christian Magistrate As 1. a husband is one thing and a Christian husband another thing a Captaine is one thing and a Christian and a beleeving Centurion or Captain such as Cornelius Acts 10. is another a Physitian is one thing and a gracious Physitian is another thing sure a heathen Husband hath the same jus Maritale the same Husband power in regard of Marriage union that a Christian and beleeving Husband hath 2. A Magistrate and a Christian Magistrate may be one and the same Magistrate with one and the same Magistraticall power as being first heathen Magistrate as Sergius Paulus Act. 13. 7 12. and there after converted to the faith Paulus was no lesse a civill Deputie when Heathen then when Christian and not more a Deputy as touching the essence of a Magistrate when a Christian beleever then he was before when a Heathen yet to be a Magistrate and to be a beleeving Magistrate are two different things even as Christianity is a noble ornament and a gracious accident and to be a Magistrate is as it were the Subject even as a man and the accidents of the man are two different things 6. There be two things here considerable in the Magistrates office 1. There is his jus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistraticall power or the authority officiall the power of office to beare the sword 2. There is aptitudo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a speciall heavenly grace of well governing this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a gift or grace of God to use that power for Christ These two make one Christian husband one Christian captain Physitian Master in relation to to the wife souldiers sick servants Now the Magistrate heathen as Magistrate even Nero when the Church of God is in his court and dominions hath the same jus the same Authority and Officiall power to be a keeper of both Tables of the Law and to defend the Gospell and to command the Preachers and Synods to fulfill their charge and to see that the officers doe their dutie and to punish dumbe dogs Idolaters excommunicated persons to drive away with the sword false Teachers from the flock he hath I say the same Magistraticall power while he is a Heathe● and when he is converted to the Christian faith and he is equally head of men that professe Christ when Heathenish as when Christian but in neither States is he the Head of the body the Church and you give not to Cesar the things that are Cesars if you make converted Nero because a Magistrate now the head of the Church and deny non-converted and heathenish Nero to be the Head of the Church for he is a Magistrate with compleat power of the Sword in the one case as in the other that he neither doth nor can use the sword for the Church it is from Nero his state of infidelity that he is in as a man and not the fault of his office for when Paul saith the Husband is the head of the Wife doth hee meane a Christian husband onely and exclude all heathen Husbands No for then the wife were not to be subject to the Husband if a Heathen and an unbeleever which is against Pauls mind 1 Cor. 7. and the Law of Nature But the converted Magistrate who was before a heathen Magistrate hath a new aptitude facul●y and grace to keep both Tables of the Law and to govern in a civill way and indirectly the affaires of Christs Kingdome Hence the adversaries clearly contradict themselves by confounding those two a Magistrate and a Christian Magistrate one while they give supream power over the Church to the Magistrate as the Magistrate sometime to the Magistrate as Christian So Vtenbogard in his book De officio authoritate supremi Magistratus Christiani in rebus Ecclesiasticis p. 7. and p. 8. hoc addo ut intelligatur Magistratum cum religionē Christianam amplectitur non acquirere novam authoritatem sed quod eam authoritatem quam ante etiam in rebus religi●nis ●ultus divini habebat authoritatē rectè utitur If the Magistrate when he becommeth a Christian acquireth no new authority as a Magistrate but onely useth well his old Authority in matters of Religion and of Gods worship which he had before while he was Heathen as he saith then the Heathen Magistrate as a Magistrate hath a supreame power in Church matters and yet in the same place he draweth the state of the question to a Christian Magistrate De solo Christiano Magistratu acturus The Arminians in their Apologie fol. 297. as saith their Declaration speake onely of the Christian Magistrate and yet page 298. potestati enim supremae sive Architectonicae qua potestas suprema est jus hoc ut competat ratio ordinis sive boni Regiminis natura sua postulat si Magistratui qua tali jus hoo competit ●rgo multo magis competit Magistratui Christiano Sure if the Magistrate in generall and as the Magistrate have a supream Authority in the Government of the Church such as the Adversaries contend for then the Christian Magistrate farre more must be Head of the Church and so the Magistrate as the Magistrate must be supreame Governour and judge in all Ecclesiasticall causes and in these same causes he must not be Iudge as a Magistrate but as a Christian Nor can they make a Christian Magistrate à medium per participationem utriusque extremi a middle betweene a Magistrate and a Christian 1. For where is there such an
But the King is head of the Church Ergo he maketh lawes to regulate the Family Ans The Antecedent is false if not blasphemous it is proper to Iesus Christ only Col. 1. 18. Eph. 1. 22. The King is the head of men who are the Church materialiter he is not formally as King Head of the Church as the Church and therefore we see not how this Statute agreeth with the Word of God Henric. 8. Stat. 37. c. 17. The Archbishops Bishops Arch-deacons and other Ecclesiasticall persons have no manner of Iurisdiction Ecclesiasticall but by under and from the Kings Royall Majesty the onely and undoubted supream head of the Church of England and Ireland to whom by holy Scripture is given all authority and power to hear and determine all manner of causes Ecclesiasticall and to correct all vice and sin whatsoever for neither is the subject the Archbishops Bishops c. lawfull nor is the limitation of the subject lawful for Ecclesiasticall officers are the Ambassadors of Christ not of the King Obj. All Christians are to try the Spirits Ergo Much more Magistrates Ans This proveth that Christians as Christians and Magistrates as Christians may judge determine of all things that concerneth their practise and that they are not with blinde obedience to receive things Mr. Pryn cannot say that 1 Iohn 4. 1. is meant of a Royall Parliamentary or Magistraticall tryall Iohn speaketh to Christians as such But this is nothing to prove the power of the Magistrate as the Magistrate for thought the man were neither King nor Magistrate he ought to try the Spirits 1 Iohn 4. 1. The speciall objection moved for Appeals is that which Paul did in a matter of Religion that we may do in the like case but Paul Acts 25. did appeal from a Church Iudge to a civill and a heathen Iudge in a matter of Religion when he said before Festus Acts 25. I appeal to Cesar Ergo so may the Ministers of Christ far more appeal to the Christian Magistrate and that Paul did this jure by Law not by Priviledge but by the impulsion of the Holy Ghost is clear in that he saith He ought to be judged by Cesar so Maccovius so Videlius so Vtenbogardus so Erastus Ans 1. This Argument if it have nerves shall make the great Turk when he subdueth people and Churches of the Protestant Religion to be the head of the Church and as Erastus saith by his place and office as he is a Magistrate he may preach and dispense the Sacraments and a Heathen Nero may make Church constitutions and say It seemed good to the holy Ghost and to me and by this Nero by office is to excommunicate make or unmake Pastors and Teachers judge what is Orthodoxe Doctrine what not debarre hereticks Apostates and mockers from the Table and admit the worthie and Paul the Apostle must have been the Ambassador and Deputie of Nero in preaching the Gospel and governing the Church and Nero is the mixt person and invested by Iesus Christ with spirituall jurisdiction and the keyes of the Kingdom of Heaven This Argument to the Adversaries cannot quit its cost ●or by this way Paul appealed from the Church in a controversie of Religion to a Nero a Heathen unbaptized Head of the Church and referred his faith over to the will judgement and determination of a professed Enemy of the Christian Church and Paul must both jure by the Law of God and the impulsion of the Holy Ghost appeale from the Church to a Heathen without the Church in a matter of Religion and Conscience then Nebuchadnezzar was head of the Church of Iudah and supreame judge and governour in all causes and controversies of Religion how can we beleeve the adversarie who doe not beleeve themselves and shall we make Domitian Dioclesian Trajan and such heads of the Church of Christ 2. It is not said that Paul appealed from the Church or any Ecclesiasticall judicature to the civill judge for Paul appealed from Festus who was neither Church nor Church officer and so Paul appealeth from an inferiour civill judge to a superiour or civill judge as is clear Acts 28. 6. And when Festus had tarried amongst them more then ten dayes he went downe to Cesarea and the next day sitting in the judgement seat commanded Paul to be brought vers 10. And Paul said I stand at Cesars judgement seat where I ought to be judged he refused v. 9 10. to be judged by Festus at Ierusalem but saith v. 11. I appeal to Cesar Now he had reason to appeal from Festus to Cesar for the Iews laid many grievous complaints against Paul which they could not prove vers 7. And it is said vers 8. That Festus was willing to doe the Iewes a pleasure and so was manifestly a partiall Iudge and though the Sanedrim at Ierusalem could have judged in point of Law that Paul was a blasphemer and so by their Law he ought to die for so Caiphas and the Priests and Pharisees dealt with Iesus Christ yet his appeal from the Sanedrim 1. corrupted and having manifestly declared their bloodie intentions against Paul 2. From a Sanedrim in its constitution false and degenered far from what it ought to be by Gods institution Deut. 17. 8 9 10. it now usurping civill businesse which belonged not to them Paul might also lawfully appeal from a bloodie and degenerating Church judicature acting according to the bloodie lusts of men against an innocent man to a more unpartiall judge and yet be no contemner of the Church this is nothing against our Thesis which is that it is not lawfull to appeal in a constituted Church from a lawfull unmixt Church Judicature to the civill Magistrate in a matter of life and death 3. Paul appealed from the Sanedrim armed with the unjust and tyrannicall power of Festus a man willing to please the bloodie accusers of Paul as is clear v. 9. And Festus willing to doe the Iewes a pleasure answered Paul and said Wilt thou go up to Ierusalem and there be judged of these things before me 3. The cause was not properly a Church businesse but a crime of bodily death and sedition I deny not but in Pauls accusation prophaning of the Temple teaching against the Law of Moses was objected to him Materialiter the enemies made the cause of Paul a Church businesse but formally it was sedition 1. It was a businesse for which the Sanedrim sought Pauls life and blood for which they had neither authority nor Law by divine Institution therefore they sought the helpe of Felix Festus and the Roman Deputies so Lysias vvrote to Felix Act. 23. 29. I perceived Paul to be accused of questions of their law but to have nothing layd to his charge worthy of death or of bonds Now it is clear the Roman Deputies thought not any accusation for the Iewish Religion a matter of death and bonds and therefore Gallio the Deputie of Achaia Acts 18. 14. saith
intention signifieth divine adoration p. 147 148 Objections of Swarez contending that intention of adoration is essential to adoration removed p. 148 149 Of the Idolatrous worship of the Iews and Papists p. 150 The relative expressiō of God in the creature is no ground of adoring the creature p. 151 The Iews beleeved not the Golden ca lt to be really God p. 151 152 The adoring of Images not forbidden by the Ceremonial law but by the Moral law p 154 The evasions of Bellarmine and Swarez answered p. 155 Papists did of old adore before or at the presence of the Image as a memorative signe and yet were Idolators p. 158 Two sort of signes ibid. Divers evasions of Papists touching the adoring of Images p. 161 162 scq Swarez is not content at the hungry expressions of Durandus Mirandula Hulcot in the worshipping of Images p. 165 166 The place worship at his footstool discussed Psal 99 ibid. Prayer may as lawfully be given to the creature as Adoration p. 169 170 Divers Fables touching Images p. 179 180 The original of Images p. 181 Images not in the ancient Church neither worshippe● therein p. 182 ●83 184 c. Vasquez will have all things to be adored p. 190 Joan. d● Lugo proveth the same by four Reasons p. 191 Whether sitting or kneeling be the most convenient and lawful gesture in the act of receiving the Sacrament of Christs Body and Blood p. 192 Sitting the onely convenient and lawful gesture p. 193 What is occasional in the first Supper ibid. Christ sate at the first Supper p. 194 195 Sitting a sign of our coheirship p. 197 198 199 A signe of our coheirship may well consist with our inferiority in worshipping Christ p. 198 Ceremonies fail against the Authority of Rulers p. 201 Whether humane Laws binde the conscience or not p. 201 202 seq How civil positive Laws binde not the conscience p. 202 203 A twofold goodnesse p. 207 The will of created Authority cannot create goodnesse in things p. 204 205 Humane Laws obli●ge onely in so far as they agree with the Law of God p. 206 A twofold consideration of Humane Laws p. 208 How Rulers are subordinate to God in commanding p. 209 Humane authority is not the nearest nor the instrumental cause of Laws p. 208 209 A double obedience due to Rulers objective and subjective p. 210 Objective obedience no more due to Rulers then to equals p 210 211 False Rules of obedience to Rulers proposed by D. Jackson refuted p. 212. The goodnesse of supposed obedience to Rulers cannot countervalue the evil in the sinful manner of doing with a doubting conscience p. 214 Other arguments for the obligation of humane Laws answered p. 216 What it is to resist to Ruler p. 217 Why men cannot make Laws that layeth a tie on the conscience p. 219 That Christ hath a spiritual Kingdom not onely in the power of Preaching but also in the power of the Keys by censures p. 220 That there is such a divine Ordinance as Excommunication p. 223 Objections against Excommunication removed p. 224 How we are to rebuke our Brother p. 225 The Church Matth. 18. is not the civil Sanedrim p. 226 227 229 How Heathen and Publicans were excluded from the Church p. 230 Binding and loosing acts judicial p. 235 236 Excommunication is a divine Ordinance proved by 1 Cor. 5. p. 238 239 seq fuse To deliver to Satan is not miraculous killing p. 238 239 The essentials of Excommunication 1 Cor. 5. p. 238 239 c. Whether the Word doth warrant censures and exclusion from the Seals ibid. Cutting off not alwayes killing p. 241 Moral scandals excluded men from holy things amongst the Iews p. 243 The prophecy Ezek 44. 11 12 c. to be fulfilled under the New Testament p. 244 245 Ceremonial exclusion from holy things under the old did typi●ie exclusion for moral uncleannesse under the N. Test p. 247 248 The Churches exclusion from the Seals declarative non coactive by violence ibid. Censures applyed to some by name ibid. Eschuing the society of scandalous Church-members must be a Church-censure p. 249 The hindering of Jezabel by preaching not sufficient p. 251 Debarring of the scandalous from the Seals proved p. 252. seq It belongeth not to the Magistrate to debar from the Seals p. 253 Erastus against exclusion from the Sacraments refuted p. 253 seq fuse By Erastus his way we cannot deny the Seals to a Turk p. 258 259 To exclude from the Kingdom of Heaven not one with Excommunication p. 260 Excommunication is no real separation of one from Christs invisible body p. 261 262 264 Though Excommunication be onely declarative yet it s not empty p. 266 Putting out 1 Cor. 5. p. 269 Whether Erastus doth prove that none were excluded amongst the Iews for moral uncleannesse from the holy things of God p. 271 A twofold forgivenesse p. 273 All are invited to come to the Sacraments but not that they come any way p. 274 The question whether all should be admitted to the Lords Supper perverted by Erastus p. 275 Two sort of signes amongst the Iews some purely holy some partly holy partly necessary for the bodily life the latter clean and unclean might eat but not the former p. 277 All are commanded to hear but not to ●ome to the Supper p. 280 Whether Erastus doth justly deny Excommucation to be typified of Old p. 281 Ceremonial uncleannesse typified exclusion out of the visible Church for scandals not out of the Kingdom of Heaven p 287 288 Legal uncleannesse was sin p. 289 The scope and sense of Matth. 18. perverted by Erastus p. 290 Our Saviour speaketh of all not of private or lesser scandals onely p. 291 By the word Brother is not meaned a Iew onely ib. Christs speaking in the second person argueth not the privacy of the scandal p. 294 A twofold forgiving p. 295 Christ speaketh not of such sins as private men may forgive as Erastus dreameth p. 297 Christs scope spiritual Erastus his way carnal p. 298 A Publican most odious to the Iews p. 305 It s not private forgivenesse which is holden forth Matth. 18. 17. p. 308 Binding and loosing proper to Stewarts p. 309 To excommunicate is not formally to debar from the Seals p. 311 Christ might well give directions touching a Church not yet erected p. 314 c. The place 1 Cor. 5. vindicated from Erastus his glosse p. 316 317 c. The prayers of the Church intervene not for this particular miracle p. 318 319 Faith of miracles not in all the faithful at Corinth p. 320 Delivering to Satan not miraculous p. 321 The Church not Paul alone had hand in delivering the man to Satan p. 326 What delivering to Satan is p. 327 The destruction of the flesh what it is p. 328 Hymeneus and Alexander not killed by Satan p. 332 Delivering to Satan not miraclous p 336 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to put away not alwayes to kill p. 337 To eschew the
should be according to the word of God and not beside the word of God If it be said they have Gods Commanding will in so far that he doth not forbid any thing not contrary to his own word but hath given the Church Authority to adde to his worship things not contrary to his word as they shall see they do promove godlinesse or may edifie the Church But then if the Church must see by the light of reason and naturall judgement aptitude in these to promove godlinesse they are Commanded by God who hath even stamped in them that aptitude to edifie and so are not beside Gods word 4. Our Divines condemne all the Traditions of the Church of Rome as Purgatory Prayer for the dead Imagery Adoring of Reliques all the Crossing Holy water Chrisme Oyl Babies Bells Beads c. Because God hath no where Commanded them and sins veniall and beside the Law and sins mortall and contrary to the Law we condemne because as what is capable of seeing and life and hearing and yet doth not see live nor hear that in good reason we call blinde dead and deaf all beside the word are capable of Morall goodnesse and yet not Morally good because not warranted by Gods word therefore they must be Morally evil III. Conclus Opinion of Sanctity holinesse and Divine necessity is not essentiall to false worship Formalists will have their Ceremonies innocent and Lawfull so they be not contrary to the word of God 2. So they be not instamped with an opinion that they binde the Conscience and are of Divine necessity holinesse and efficacy So Morton their Prelat for opinion of justice necessity efficacy and merit saith he make them Doctrinals and so unlawfull But this is but that which Papists say So Suarez saith That their unwritten Traditions are not added to the word of God as parts of the word of God but as things to be believed and observed by the Churches Commandment and these who did swear by Jehovah and Malcom Zeph. 1. esteemed Malcom and an oath by Malcom not so Religiously and so holy as an oath by Jehovah and Malcom and yet no doubt they ascribed some necessity to oaths by Malcom and Jehoram saying Am I Jehovah to kill and make alive who yet worshipped Ieroboams Calves esteemed the worshipping of these Calves lesse necessary and lesse holy and meritorious then the worshipping of the true Yehovah yet the Calves called their gods which brought them out of the Land of Aegypt had some necessity and opinion of holinesse For 1. Aaron in making a Calf and Proclaiming a Feast to the Calf committed false worship but Aaron placed not holinesse justice or merit in that worship Because Exod. 32. 22. for fear of the people who in a tumult gathered themselves together against him he committed that Idolatry Ergo necessity of Sanctity Merit and Divine obligation is not essentiall to false worship Ieroboam Committed Idolatry in saying These are thy Gods O Israel but he placed no efficacy or merit therein because 1 King 12. 27. He did it least the people going to Ierusalem should return to Rehoboam and kill him And the Philistims dis-worship in handling the Ark unreverently had no such opinion they doubting whither God or Fortune ruled the Ark 1 Sam. 6. 9. It were strange if these who say in their heart There is no God Ezech. 9. 9. Psal 94. 6. And so fail against inward worship due to God should think that the denying of God were service and meritorious service to God and that Peter denying Christ and Iudaizing Gal. 2. 12. for fear thought and believed he did meritorious service to Christ therein Pilate in condemning Christ Iudas in selling him the Souldiers in scourging him did dis-worship to their Creator the Lord of glory Shall we think that Pilate who for fear of the people did this believed he was performing necessary Divine and Meritorious worship to God 2. If opinion of necessity Divine of Merit and sanctity as touching the conscience were essentiall to false worship it were impossible for gain and glory to Commit Idolatry to preach lies in the Name of the Lord for a handfull of barley as Ezek. 13. 19. Mic. 3. 5. 1 Kin. 22. 6. 1 Tim. 4 1 2. Tit. 1. 11. For its a contradiction to Preach Arrianisme Turcisme Popery against the light of the minde only for gain and yet to think that in so doing they be performing meritorious service to God Yea they who devise will-worship know their own will to be the Lord-carver of that worship at least they may know it yet shall we think they hold themselves necessitated by a Religious obligation so to do Else it were impossible that men could believe the burning their Children were will-worship indifferent and Arbitrary to the worshippers which is open war against reason Now a worship cannot be false wanting that which is essentaill to false worship 3. False worship is false worship by order of nature before we have any opinion either that there is Religious necessity in it or meer indifferency Ergo Such an opinion is not of the essence of false worship 4. By that same reason opinion of unjustice or opinion of doing justice should be of the essence of unjustice Cains killing of his Brother should not be Man-slaughter except Cain placed some divine Sanctity in that wicked fact which is against all reason and the reason is alike in both Gods Commanding will and his forbidding will They Answer Gods will constituteth Lawfulnesse in essentiall worship and mans will in things arbitrary but this is to beg the question for when we ask what is essentiall worship they say it is that which God commandeth and what is accidental or arbitrary it is that which human authority commandeth this is just Gods wil is the essentiall cause of that worship whereof it is the essentiall cause mans will is the essentiall cause of that whereof it is the essentiall cause 5. All the materials of Jewish and Turkish worship might be appointed for right worship so we held them to be Arbitrary 6. God cannot forbid false worship but in that tenure that he commandeth true worship but whether we esteem it true or not holy or not he cōmandeth true worship Erg. c. IV. Conclusion It is a vain and unwarrantable distinction to divide worship in essentiall which hath Gods 1. Particular approving will to be the Warrant thereof and worship accidentall or Arbitrary which hath only Gods generall and permissive will and hath mans will for its father so Ceremonies say they In these hath Gods generall will according to their specification whether a Surplice be decent or not is from mans will therefore they are called worship reductively because in their particulars they have no Divine institution and they tend to the honouring of God not as worship but as adjuncts of worship so Morton so Burges Ans As Sacramentall worship is lawfull essentiall worship
resisteth the power resisteth the ordinance of God 4. Conclus Nothing in non-obeying unwarrantable Commandments must be done that redoundeth to the discredit of the Ruler or the hurting of his Majesty and honour 1 Pet. 2. 17. Honour the King Eccles 10. 20. Curse not the King For even when we deny subjection or obedience objective to that which they command yet owe we obedience officiall and all due respect and reverence to the person and eminent place of the Ruler as Act. 7. 2. Steven calleth them Men brethren and fathers Act. 7. 51. And yet stiffe-necked resisters of the holy Ghost 5. Conclus Humane Laws whither civill or Ecclesiastick in that particular positive matter which they have of Art Oeconomy policy and in Gods matters of meer humane coyne and stamp do not bindes the conscience at all per se kindely and of themselves 1. Nothing but what is either Gods expresse word or his word by consequence doth lay a band on the conscience of it self But not to eat flesh in L●nt upon civill reasons Not to carry Armour in the night To wear Surplice and to Crosse infants in Baptisme are neither Gods word expresly nor by consequence The major is sure because the word is the perfect and adequate object of matters of Faith and morall practice which concerneth the conscience Psal 19. 7. 8. Psal 119. 9. Iohn 20. 31. Prov. 8. 9. 2. Because whatever thing layeth a band on the conscience the not doing of that would be a sin before God if the Ruler should never command it But the carrying Armour in the night the not wearing Surplice in Divine service should be no sin before God if the ruler should never command them as reason Scriptures and adversaries teach The Proposition I instruct from the diffinition of an obligation of conscience for to lay a band on the conscience is defined to lay a command on the soul which ye are obliged before God to do as you would eschew sin and obtain eternall salvation So the learned Pareus so Dr. Field so Gerson and so teach Gregorius de Valentia and Suarez 3. None can lay on a band of not doing under the hazard of sin but they that can remit sins for the power that looseth the same bindeth But mortall men cannot binde to sin nor loose men from sin but where God goeth before them in binding and loosing for they cannot bestow the grace of pardoning sin But he onely who hath the keys of David who openeth and no man shutteth and shutteth and no man openeth 4. Whoever can lay on bands of Laws to bring any under the debt of sin must lay on bands of obligation to eternall punishment but God only can do this Mat. 10. 28. The Proposition is clear because sin against God essentially includeth a relative obligation to eternall punishment 5. In matters of Gods worship this is clear The School-men as Aquina● Suarez Ferrariensis Conradus teach us that there is a twofold good The first is an objective and primordiall goodnesse whereby things are agreeable to Gods Law if rulers finde not this in that good which they command they are not just and so not to be obeyed There is another goodnesse that cometh from the will of authority so only divine authority must make things good the will and authority of Rulers findeth objective goodnes in them and therefore enacteth Laws of things but because they enact Laws of things they do not therefore become good and Lawfull It is the will of the Creator of all beings which is the measure rule and cause of the goodnesse of things as Adams not eating of the tree of knowledge is good and gratefull obedience from Gods forbidding will and it should have been as gratefull obedience to eat of that tree if God had commanded so Men cannot make worlds nor can their will create goodnesse in acts indifferent nor can their forbidding will illegittimate or make evil any actions indifferent and therefore things must be morally good and so intrinsecally good without the creative influence of humane Authority and from God only are they apt to edifie and to oblige the conscience in the termes of goodnesse morall And this is strengthened by that which in reason cannot be denied to wit that it is essentiall to every human Law that layeth any obligation on the conscience that it be just nor is it to be called a Law except it be just and justice and equity humane Laws have from God the law of nature and his word not from the Authority and will of men therefore Iurists expound that What pleaseth the Prince hath the vigour of a Law of just things Also the School-men as Carduba Thomas Soto Medina Adrianus Navar Driedo Castro as I gather out of their writings give strong reasons why Rulers cannot lay an obligation on the conscience when the matter of the Law is light and naughty for this were to make a man a trangressor before God for a word a straw a toy which is unjust Because the just weight of the matter is the only just ground of the Laws obligation Ergo the will of the Lawgiver except he make a moat a mountaine cannot lay an obligation of necessity on man 2. It were a foolish law and so no law to oblige to eternall punishment and the offending of 2. God for a light thing for this were to place the way of salvation in that wherein the way consisteth not 3. Such a law were not for edification but for destruction of soules 4. This was the Pharises fault Mat. 23. to lay on intollerable burthens on mens soules 5. The law of God and nature freeth us in positive lawes from guilt in case of necessity as David did lawfully eat Shew-bread 6. A Civill law may not take away a mans life for a straw farre lesse can it bind to Gods wrath 7. Augustine saith they be unjust ballances to esteeme things great or small for our sole will Out of all which I conclude that no law as a Law doth oblige the Conscience but that which hath from the matter morall equity and not from the intention of the Law-giver as Cajetan Silvester Angelus and Corduba teach which intention must take a rule from the matter of the law and not give a rule Gerson No law saith he is a law to be called as necessary to salvation as all good lavves should be but that vvhich de jure Divino is according to Gods lavv yea vve are not saith Durandus to obey the Pope if he command a Monke to doe somthing vvhen he is not moved to command by the necessity the profit of the Church but by his ovvne free vvill and if this be knovven If the Pope faith he for his ovvne vvill and vvithout necessity and utility should seclude vvorkes of supererogation that command should tend to destruction and vve
are to obey Christ vvho is above the Pope And therefore his mind is that all obligation of Conscience in humane commandments commeth from Gods will and law that is from the just and necessary matter of the law not from the will of men 6. Conclus All humane or Ecclesiastick lawes binding the conscience have necessarie and not probable deduction onely by the warrant of both the M●jor Proposition and Assumption from the Word of God and Law of Nature This conclusion is against Suarez he seeketh onely a probable connexion betwixt obliging Lawes and the Divine law And Gregorius de valent is in very deed against Gerson who teacheth three things of all humane lawes 1. That they are in so farre just 2. That they in so farre oblige the Conscience as they have necessary dependance upon natures law or Gods word and therefore compareth them to these precepts that Physitians give to sicke persons they oblige the conscience of the sicke as I thinke from the sixt Commandement Thou shalt doe no murther for if the patient sleepe at such a time or drinke wine in such a case he killeth himselfe but they have not obliging power from the fift Commandement not as if the King being sicke were obliged by the fift Commandement to obey the Physitian as his superiour 3. He will have all humane laws that properly obligeth to be onely declaratory and to manifest onely the Divine law and to apply it to such and such a matter The Conclusion is clear from what is said before because all civil laws as meerly positive in the cafe of non-contempt doe not oblige and in the case of non-scandall as Medin Almaine Gerson teach And it followeth from a sure ground that Vasquez layeth downe and he hath it from Driedo to wit that the efficacy of obligation in humane lawes cometh not from the will of Lawgivers or their intention but from the dignity or waightines of the matter If then the matter be not from Gods law just the obligation is none at all for if the law from mans will shall lay on an obligation of three degrees whereas Gods law from Gods vvill before men inacted this in a Law laid on an obligation of two degrees onely tying the Conscience then the will of man createth obligation or the obligative power of conscience in the matter of the Law and by that same reason he createth goodnes which is absurd for that is proper to God onely I grant it is hard because of the variety of singular actions in mans life to see the connexion betwixt particulars of humane lawes and Gods lawes yet a connexion there is and for this cause the learned worthy Divine Pareus will have humane lawes in particulari per se in the particular and of themselves to binde the Conscience Whereas Calvin and Beza Iunius Tilenus Sibrandus Whittakerus and others deny this But the truth is humane civill lawes are two waies considered 1. As they are meerly Positive according to the letter of the Law 2. As they have a connexion with 1. The principles of nature of right and wrong 2. With the end of the law which is the supream law The safety of the people as the Civill law saith he who entreth to an inheritance and maketh no Inventory of all his goods shall pay debts above the-whole heritage this law according to the letter in the Court of conscience is unjust and so cannot oblige in Conscience so as he is guilty before God and deserveth the vengeance of everlasting wrath who doth not make an inventory of all his goods and produce it to the Iudge so he that goeth up to the walls of a City may by the Law be commanded to be put to death yet is he not guiltie of eternall death before God and therefore if the presumption which is the ground of the law cease as this He that maketh not an inventory with a purpose to enjoy the whole inheritance and pay no debts sinneth before God against conscience as famous jurists to wit Jason Bartolus and others teach for this Law considered as having connexion with a principle of nature that every man should pay his debts is a law binding the Conscience and the truth is the end of these Lawes oblige the Conscience they being divine expressions of justice and righteousnesse but not the Lawes themselves for whatever obligeth the conscience as a divine truth the ignorance thereof is a sinfull ignorance and maketh a man guilty of eternall wrath but men are not guilty lyable to the eternal wrath of God because they are ignorant of all the civill Lawes in Iustinians book then were we obliged to be no lesse versed in all the civill lawes that bindeth in foro humano then of the Bible and law of God The adversaries strive to prove that these lawes oblige the conscience we may heare Bellarmine Vasquez Valentinian and the Formalist and Arminian Doctor Jackson say To resist the Rulers in giving and making lawes is to resist God as 1 Sam. 8. They have not refused thee but they have refused me that I should not raigne over them Suarez ●aith An humane law is the neerest cause of obligation of conscience as the eternall law is the remote cause And ●ackson as the immediate interposition of divine authority made the killing of Abrahams sonne holy which otherwise would have been cruelty so the interposition of authority derived from God make some actions that barely considered would be apparently evill and desperate to be honest and lawfull to strike a Prophet would seem sin but when a Prophet cōmandeth to strike not to strike is disobedience 1 Kin. 20. 35 36. to rob a Spaniard is Piracie but to do it upon the Kings letter of Mart for wrongs done to the State is obedience to the King Answ To resist the servant in that wherein he is a servant and as a servant is to resist God as 1 Sam. 8. proveth well But the assumption then is most false for rulers in making lawes and creating by their sole pleasure goodnes morall in particular matters without the word of God are not Gods servants nor is humane authoritie as humane the nearest cause of obligation of conscience instamped in these lawes nor is it the cause at all and therefore to resist them is not to resist God They be Gods instruments and Ministers in 1. Propounding and expounding Gods laws 2. In executing them and defending them from the violence of men 3. In making positive and directory civil lawes for civill government that are lawes improperly so called which bind the conscience as above is said in so far as they have dependance upon Gods Law for Iames saith There is but one Law-giver As for Church-canons all except Physicall circumstances in them are to be warranted by the word Therefore it is a vaine consequence of Valentia humane lawes oblige dependenter
and subjects are Christians but where the Magistrate is of a false Religion two different Governments are tollerable Ans 1. This argument destro●eth all Aristocracy Parliaments and Senates where many good men have equall power and so the Common-wealth may not have 70. Heads and Rulers of equall power which is against the Scripture which commandeth subjection to every Civill ordinance of man as lawfull Rom. 13. 1 2 3. Tit. 3. 1 2 3. 1 Pet. 2. 13 14. Deut. 1. 16. It maketh no Government lawfull but Popedome and Monarchy in both Church and state 2. It is to beg the question that there cannot be two supream powers both supream in their owne kinde for they are both supream in their owne sphere as Pastors dispense Sacraments and Word without subjection to the Magistrate as they are Pastors and Magistrates use the Sword without dependence on Pastors and yet is there mutuall and reciprocall subjection of each to other in divers considerations Pastors as subjects in a Civill relation are subject to the Magistrate as every soul on earth is and Magistrates as they have souls and stand in need to be led to heaven are under Pastors and Elders For if they hear not the Church and if they commit incest they are to be cast out of the Church Mat. 18. 1 Cor. 5. Rom. 16. 17. 1 Thes 3. 14. 15. If they walk inordinately we are to eschew their company if they despise the Ministers of Christ they despise him who sent them Math. 10. 40. Luk. 10. 16. God respecteth not the persons of Kings and we finding them not excepted if the preachers of the Gospel be to all beleevers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 over them in the Lord 1 Thess 5. 12. 1 Tim. 5. 17. call it authority or no Authority they have some oversight over the Christian Magistrate and here be two supreams two highest powers one Ecclesiasticall another Civill nor should any deny Moses to be above Aaron as the supream judge Aaron not having the power of the sword as Moses had and Aaron must be above Moses in sacrificing in burning incens● in judging between the clean and the unclean which Moses could not do 2. The excellency of the Civill power in regard of earthly honour and eminency in the fifth Commandment above the servants of God in the Ministry of Christs spirituall Kingdom which is not of this world we heartily acknowledge 3. That the King Preacheth and dispenseth the Sacraments by Pastors as by his servants is wilde Divinty Pastors then must have Magistraticall Authority and power of the sword committed to them as the Deputies and inferior judges of the Lords of the Gentiles which Christ forbade his Disciples Luk. 22. 25 26 27. For the servant must have some power committed to him from the principall cause in that wherein he is a servant 4. What reason is there that where the Magistrate is a Heathen two Governments and so two heads in one body should be for then there is and must be a Church-Government where the Magistrate is a Heathen and that in the hands of the Church if then the Magistrate turn Christian must he spoile the Church of what was her due before Erastus The Lord Jesus changed nothing in the New Testament of that most wise Government in the Iewish Church now there all Government was in the hands of Moses I say not that the Magistrate might sacrifice or do what was proper to the Priests but he did dispose and order what was to be done by the Priests Ans Yea but Erastus saith the Magistrate may dispense word and Sacraments in the New Testament if he had leisure Why might he not sacrifice in the Old Testament also 2. Pastors do by their Doctrine and Discipline order and regulate all callings in their Moralls of right and wrong of just and unjust yet is not the Pastor the only Governour in all externals 3. If Christ changed nothing of the Iewish Government we have all their exclusion of men out of the Campe their separating of the unclean and their politick and Ceremoniall Lawes which is unsound Divinity Erastus Moses Ruled all before there was a Priesthood instituted God Exod. 4. Numb 12. calleth Aaron to his office and maugurateth him by Moses nor doth he command him to exercise a peculiar judgement when he declareth his office to him and when Aaron dieth Moses substituteth Eleazar in his place Ioshua c. 3 4 teacheth the Priests what they should doe and commanded them to circumcise Israel so did Samuel David Solomon and in the time of the Maccabees it was so Ans Moses was once a Prophet and Iudge both Ergo so it may be now it followeth not except Moses as a Magistrate did reveale what was the Priesthood What Aaron and Eleazer his sonnes might doe by as good reason Moses David Solomon Ioshua as Magistrates wrote Canonick Scripture and prophecied Then may Magistrates as Magistrates build new Temples typicall to God give new Laws write Canonick Scripture as these men did by the Spirit of prophecy no doubt not as Magistrates for why but they might sacrifice as Magistrates and why should Moses rather have committed the Priesthood and the service of the Tabernacle due to him as a Magistrate so to Aaron and his sonnes as it should be unlawfull to him as a King and unlawfull to Vzziah to burn incense and to sacrifice and to doe the office of the Priest If the Magistrate as the Magistrate doe all that the Priests are to doe as Priests and that by a supream principle and radicall power in him he ought not to cast off that which is proper to him as a Magistrate to take that which is lesse proper he casteth the care and ruling of souls on the Priests and reserveth the lesser part to himself to rule the bodies of men with the Sword all these are sufficiently answered before Erastus The King of Persia Ezra 7. appointed Iudges to judge the people and teach them but there is no word of Excommunication or any Ecclesiastick punishment but of death imprisonment fines nor did Nehemiah punish the false Prophets with any other punishment Iosephus speaketh nothing of it nor Antiochus Ans I shew before that there is for●eiting and separation from the Congregation Ezra 10. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he shall be separated from the Church 2. If the King of Persia appointed men to judge and teach the people why should he deny any judicature at all 3. Where ever Iosephus speaketh of the judging of the Priests as he doth antiq l. 11. c. 7. ant l. 11. c. 8. l. 12. c. 9. he hinteth at this Erastus Christ dischargeth his Disciples to exercise dominion Christ would not condemne the adulterous woman nor judge between the brethren Luke 12. Paul calleth Ministers dispensators stewards Peter forbiddeth a dominion Ans Let Erastus be mindfull of this himselfe who yet saith that the Magistrate may both judge also if he have time dispence the
coming to them mourning Ans Where saith Paul that he his alone did use the rod doth he not ascribe judging and casting out to the Corinthians 1 Cor. 5. 12. c and forgiving of the incestuous man 2 Cor. 2. to them Beza saith this power is necessary to purge the Church lest it be infected even to the end of the world and therefore must be left with the Church Erastus To be gathered in the Name of the Lord is not referred to the congregations meeting together but to Pauls act of delivering to Satan the Corinthians and Pauls Spirit instructed thus with the power of Christ might have delivered others to Satan as they did this man if the Apostle had not pardoned them but they had not Pauls spirit with them in their convention afterward because in no place he biddeth them be gathered together with his Spirit as he doth here Ans Paul doth construe the words v. 4. in the Name of Christ with the Participle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ye being conveened and the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are separated from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have judged by the interposition of these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so Erastus his grammar will be a little confused 2. What needed the Corinthians be gathered together with the Spirit of Paul and the power of the Lord Jesus to pray that the man might be miraculously killed for when they were not gathered together in a Church meeting but were all separatim in their own houses and closets they had power to judge the man that is to pray that he might be miraculously killed else Erastus cannot make Paul in any reasonable manner to rebuke them because they prayed not that he might be killed for Erastus must suppose the power of praying for this in faith was tyed to this publike convention of the Church and Erastus saith in no place he biddeth them be gathered together as here This Spirit of Paul and power of the Lord Jesus that was in them was not given to elevate them to any higher or more supernaturall acts of miraculous co-operating with Paul then their naked act of consenting that the man should be cut off and this act of consenting they could not want in their private praying at home that the man be miraculously killed and so this spirit of Paul and the power of the Lord Iesus shall be brought so low as I know not what to make of it Erastus If they had prayed that God would punish this enormous sinne whether God had heard them or not they had discharged their dutie Ans But it is evident he rebuketh them not onely for not mourning for the mans fall and not praying that he might be punished but for that they conveened not and did not judge and put away the man Ergo they had alwayes an ordinary power to judge and cast out scandalous persons and Paul rebuketh them for not improving this power then it was not any miraculous power not ordinarily in their hand as powers of that kinde are supposed to be Erastus saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to be construed with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the meaning may be note such a one in an Epistle and write to me that I may censure him Ans This is throwne Grammar which the Greek doth not bear without violence for Paul saith If he obey not our doctrine written by Epistle marke such a one and he commandeth them to inflict a censure on him by eschewing his company CHAP. XIX Quest 15. Of the use of Excommunication toward the Magistrate especially Erastus How many thousands of men have been killed by occasion of Excommunication in Germany it hath subjected Kings and Scriptures and all to the Pope Ans All this may be said of the Gospell and of Christ that hee is appointed for the fall and ruine of many and that he came not to give Peace but the Sword 1 Pet. 2. 8. Luke 2. 34. Mat. 10. 34 35. But the cause is not in the Gospell or in Christ but in mens corrupt nature Excommunication is the Rod of the King out of Zion and we know how impatient men are of the yoke of Christ Excommunication abused by the Pope doth all this Erastus Excommunication cureth not wounded consciences but begetteth Hypocrites Ans So publike rebuking of those that sin publikely 1 Tim. 5. 20. being abused doth beget Hypocrites Esa 57. 1 2 3. Ezek. 31 32 33. 1 King 21. 27. 28 29. so doth the Rod the Word the giving of almes praying being abused to wicked ends make hypocrites Mat. 23. 14 25. Mat. 6. 1 2 3 4. Psal 78. v. 34 35 36. Hos 7. 14. Excommunication is innocent of all these Erastus I thinke it not amisse that the Magistrate chuse godly and prudent men and joyne to them godly Ministers who in place of the Magistrate may inquire in the life and manners of men and convene before them loose livers and rebuke them and if need be deferre them to the Magistrate But this is unjust that such a Senate be chosen by the Church which hath no power to chuse them 2. That they are not chosen in the Name of the Magistrate but against his will 3. That they subject the Magistrate to them Ans Erastus is willing there be a Presbytery 1. Of mixed men prudent men and godly Pastors 2. Chosen by the Magistrate 3. That they judge and rebuke Murtherers Extortioners Oppressors Thieves c. But 1. he should give us Scripture for this his new Presbytery He condemneth ours because it wanteth as he saith the Authority and the like of his Presbytery in the Old or New Testament you finde not 2. That Ministers should judge of bloods thefts treasons paricides for all these are loose livers and of goods and inheritances and give an account to the Civill Magistrate is all one as if the Ministers of the Gospel should be Iudges as the Lords of the Gentiles such as Pilate Foelix and the rest so they do it at the Command of the Supream Magistrate then the King may warrant Ministers to go against the Command and practise of Christ Luk. 22. 24 25 26. and 12 13 c. 2 Tim. 2. 4. For this is a Civill Judicature 3. Then the Ministers rebuking in the name of the Civill Magistrate may make him to Preach exhort in the name of the Civil Magistrate So Ministers are they to hear the word at the Magistrates mouth I thought Ministers had been the Ambassadors of an higher King Ezech. 2. 7 8. and 3. 3. Speak with my words to them Rom. 1. 1. 2 Cor. 5. 20. 4. If the Ministers rebuke as Ambassadors of Christ Those to whom they Preach the word of reconciliation those they are to rebuke with Authority and all hearers are subject to them Magistrates or others high or low This is clear by 2 Cor. 5. 19. 20 c. 2 Tim. 4. 1 2. For rebuking
c. 12. Zozomen l. 7. e. 8. Theodoretus l. 5. c. 9. Historia tripartit l. 9. c. 14. say that the Emperor ordained him the Synod named him the truth is the Bishops were devided in judgement and its like they referred the matter to the godly Emperour In the mean time Athanasius Epist de solit vita Ambros l. 5. orat ad auxentium and l. 5. Epist 32. ad valentinianum Zozomen l. 6. c. 7. Concilium Toletanum III. Concilium milevitanum and divers others which I have cited elsewhere make the Emperor a Son of the Church not a Head and Lord intra Ecclesiam filium Ecclesiae non judicem non dominum supra Ecclesiam I might adde Augustin Epist 48. 50. 162. l. 1. de doctr Christ c. 18. Cyril Alexandrinus in an Epistle to the Synod of Antioch all Protestant Divines of note and learning CHAP. XXVII Quest 23. Whether the subjecting of the Magistrates to the Church and Pastors be any papal Tyranny and whether we differ not more from Papists in this then our adversaries The Magistrate not the Vicar of the mediator Christ The Testimonies of some learned Divines on the contrary answered IT is most unjustly imputed to us that we lay a Law upon the conscience of the Magistrates that they are bound to assist with their power the decrees of the Church taking cognizance only of the fact of the Church not inquiring into the Nature of the thing This Doctrine we disclaim as Popish and Antichristian It hath its rise from Bonifacius the III. who obtained from Phocas a bloody tyrant who murthered Mauritius and his Children as Baronius confesseth and yet he saith of this murtherer optimortum imperatorum vestigia sequutus he made an Edict that the Bishop of Constantinople should not be called Oecumenick nor universall Bishop but that this should be given only to the Bishop of Rome So Baronius yieldeth this tyranny was inlarged by Hildebrande named Gregorius the seventh a monster of tyrannicall wickednesse and yet by Papists he is sanctitate et miraculis clarus Baronius extolleth him these and others invaded both the swords Bishops would be civill judges and trample first upon the neck then upon the consciences of Emperors and make Kings the hornes of the beast and seclude them from all Church businesses except that with blind obedience having given their power to the beast as slaves they must execute the decrees of the Church Paul the III. the confirmer of the order of Iesuits who indicted the Councell of Trent as Onuphrius saith up braideth Charles the V. for meddling with Church businesse They write that Magistrates do not see in Church matters with their owne eyes but with Bishops eyes and that they must obey without examining the decrees of Councels and this they write of all subject to the Church Toletus in Instruct Sacerd●t l. 4. c. 3. Si Rusticus circa articulos fidei credat suo episcopo proponenti-aliquod dogma hereticum mor●tur in credendo licet sit error Card. Cusanus excit l. 6. sermon obedientia irrationalis est consumata et perfectissima obedientia sicut Iumentum obedit domino Ib. sententia pastoris ligat te pro tua salute etiam si injusta fuerit Envy cannot ascribe this to us Calvin Beza yea all our writers condemne blind obedience as brutish But our Adversaries in this are more Popish for they substitute King and Parliament in a headship over the Church giving to the King all the same power in causes Ecclesiastick that the Pope usurped 2. They make the King a mixed person to exercise spirituall jurisdiction to ordaine Bishops and deprive them and Mr. Prinne calleth the opinion of those who deny Ecclesiasticall jurisdiction legislative a high word proper to God only coercive power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion what in fundamentall Articles of salvation Church-government Discipline Ceremonies c. Anti-monarchicall Anti-parliamentarie Anarchicall as holden by Papists Prelates Anabaptists Arminians Socinians c. It s that which Arminians objects to us and calleth the soul heart and forme of papall tyranny But that the Magistrate is not obliged to execute the decrees of the Church without further examination whither they be right or wrong as Papists teach that the Magistrate is to execute the decrees of their Popish councels with blind obedience and submit his faith to them because he is a layman and may not dare to examine whether the Church doth erre or not is clear 1. Because if in hearing the word all should follow the example of the men of Berea not relying on the Testimony of Paul or any preacher try whether th●● which concerneth their conscience and faith be agreeable to the Scriptures or no and accordingly receive or reject so in all things of Discipline the Magistrate is to try by the word whether he ought to adde his sanction to these decrees which the Church gives out for edification and whether he should draw the sword against such a one as a heretick and a perverter of souls But the former is true the Magistrates practise in adding his civill sanction and in punishing herericks concerneth his conscience knowing that he must do it in faith as he doth all his moral actions Ergo the Magistrate must examine what he practiseth in his office according to the word and must not take it upon the meer authority of the Church else his faith in these moral acts of his office should be resolved ultimaté on the authority of the Church not on the word of God which no doubt is Popery for so the warrant of the Magistrates conscience should not be Thus saith the Lord but Thus saith the Church in their decrees 2. The Magistrate and all men have a command to try all things Ergo to try the decrees of the Church and to retain what is good 1 Thes 5. 21. To try the spirits even of the Church in their decrees 1 Joh. 3. 1. 3. We behooved to lay down this Popish ground that 1. The Church cannot erre in their decrees 2. It s against Scripture and reason that Magistrates and by the like reason all others should obey the decrees of the Church with a blinde faith without inquiring in the warrants and grounds of their decrees which is as good Popery as Magistrates and all men are to beleeve as the Church beleeveth with an implicite faith so ignorance shall be the mother of Devotion who ever impute this to us who have suffered for non-conformity and upon this ground that Synods can erre refused the Ceremonies are to consult with their own conscience whether this be not to make us appear disloyall odious to Magistracy in that which we never thought ●ar lesse to teach and professe it to the world 4. Their chiefe reason is the Magistrate by our doctrine by his office is obliged 1. To follow the judgement of the Church and in that he is a servant or inslaved Qui enim
is onely possible and the good lesse necessary then the good of non-scandalizing then we are not for hope of a possible dutie and lesse necessarie to doe that from whence a Scandall doth arise So it was not lawfull for Paul to take stipend which should have hindered the promoving of the Gospell though he might have imployed that stipend upon charitable uses because that Charitie was a dutie onely possible and incomparably lesse necessarie then the promoting of the Gospell So 1 Cor. 6. 7. Why suffer ye not rather losse yet by that suffering losse they were lesse able for workes of Charitie and to provide for their Familie and Children but the gaine was temporall and not to be compared with a good fame upon Christian religion which was slandered by heathen when they went to law Christian against Christian before an Heathen Judge The fourth scandalous object is that which hath appearance of evill Not every thing is such for good hath the appearance of evill Paybodie to elude this sheweth a number of things which have appearance of evill but ●are good and he nameth among them Hushaies abiding with Absolon in his conspiracie which was plaine dissimulation but that properly hath appearance of evill 1. Quod plaerumque fit malo fine as the Schoolemen define it that which ordinarily is done for an evill end as to ly in bed with another mans wife to sit at the Idols table to bow to an Image 2. That which being good in it selfe yet because of the circumstances is exponed vain-glory as to pray in the streets it s ordinarily exponed to be for this end to be seen of men These who expone that place 1 Thess 5. Abstaine from all appearance of evill to be abstaine from that which seemeth evill to the conscience and judgement of the doer or onely of doctrine reach not the Apostles minde for to sit at the Idols table to bow to an Image and keepe the heart to God are out of doubt appearances of evill forbidden in the text yet are they not doctrines seeming evill alwayes to the judgement of the practisers They object to looke up to the beavens and Sunne may have appearance of praying to the Sunne and heavens for in the externall fact no more could be done by a person adoring the Sun Ergo such appearances cannot be scandalous Objects Answer lifting up of the eyes in prayer are naturall adumbrations and expressions of the elevation of the heart required in prayer Psal 25. v. 1. and so commonly exponed by all Nations and therefore cannot be appearances of evill Hence these rules I. Suppose all be strong in whose presence I practise a thing indifferent yet if it have no necessitie no aptitude to edifie and have onely all its goodness from the will of commanders in practising I scandalize 1. Because the strong are apt to sinne and so apt to be scandalized and the action is idle and not reasonable having no other reason but the meere will of Rulers 2. If I probably know my practice shall come to the knowledge of these who shall be scandalized I scandalize them in such an action II. Rule Though the practice of things indifferent having some necessitie be lawfull as 1 Cor. 10. 27. Eat what is set before you asking no question for conscience sake Yet the ●aith and conscience of things indifferent is never indifferent we are never to judge a thing indifferent necessarie nor a thing necessarie indifferent and practice in that judgement so erroneous is finfull and not of faith Rom. 14 ● 22. III Rule An universall omission of good of obeying affirinative precepts for the eschewing of scandall cannot be lawfull for it is 1. necessarie for my salvation to obey affinnative precepts though not in all differences of time In this meaning Augustine said We are not to abstaine from good workes he meaneth a totall abstainence for any scandall And Tertullian good offendeth non save a wicked minde But at sometime an obedience to an affirmative precept hic nunc may be omitted when we see that from the doing thereof the ignorant and weake will commit great sinnes So Aquinas Bannes Sanches for affirmative precepts of the law of nature saith Bannes must sometime be omitted for the eschewing of scandall for they doe not obliedge but when and after such a manner as is convenient V. Rule To doe any good action or lawfull or indifferent when I probably foresee a scandall will follow is an active scandall for I preferre my owne will to my brothers salvation saith Antoninus and Navarret and therefore saith i Antoninus A virgin going abroad without just necessitie where her beautie shall be a snar● to young men or to goe out upon a necessary cause with a whorish attire is an active scandall her feet abideth not in her house saith Solomon And Navarr saith It is to sinne mortally and Silvester saith If the Popes commandement doe but smell of veniall sinne and if by giving audience thereunto it be presumed that the state of the Church shall be troubled or a scandall shall arise though the commandement goe out under the paine of Excommunication it is not to bee obeyed Vasques and Suarez say to sell gift or dispose of any things indifferent when we foresee they shall abuse them is to commit the sinne of active scandalizing Yea the forme of an Idol though he never adore it doth highly scandalize and Antoninus Silvester Corduba Metina the Jesuit Zanches teach That to contribute to that which we see shall induce any to sinne is to be guilty of scandalizing And the reasons be these 1. We are not to preferre our will to the salvation of our brother 2. Things lesse necessarie then our brothers salvation in that case become not necessarie and so fruitlesse and idle 3. Charitie inferferreth that we hinder so far as we can the ruine of our brothers soul Scandaell is spirituall homicide 4. To contribute any morall help and influence to our brothers fall and soul-ruine is to be accessarie to his sinne Hence Ceremonies and things not necessarie to salvation may be omitted altogether in their specialities when the practising of them doth scandalize and so though kneeling in Gods worship cannot well be universally omitted yet kneeling appropriate to such an act of worship may be omitted and ought to be omitted if it scandalize and Ceremonies which scandalize universally seeing they are not in their very kinde necessarie to salvation are to be abolished Yet I may adde one caution here To contribute helpe for the doing of that which of it selfe is necessarie which I know an other in respect of humane frailtie will abuse to sinne is no active scandall So to lay hands on a qualified Pastor is not sinne though I foresee through humane frailtie he will abuse his power in some things to sinne So for
myster incarnat disp 37. Sect. 1. n. 1. 2 3. d Leo. 1. Serm. 7. De nativita abstinendum ab ipsa specic offi●ij e Salmeron in 1 Tim. 2. disp 8. f Alex. al●n 3. p. q. 30. memb 3. art 3. sect ● g Albertus dist 9. art 4. h Bonavent art 1. q. 2. ad 1. in contrarium i Martuinus de ajala tract de trad 3. par k Abulens Deut. 4. q. 4 5. l Carol. lib. 2. cap. 25. m Ibid. n Carol. l. 4. cap. 27. a Carol. l. 4. cap. 27. b Carol. l. 1. cap. 2● c L. 4. c. 10. l. 3. c. 21. d L. 3. c. 2● e Symson treats of the worshipping of Images pag. 50 51. f Concilium Eleherio cap. 36. Placuit in Ecclesiis picturas non esse debere ne quod colitur aut adoratur in parictibus pingatur g Ca●us line 5. cap. 4. h Surjus 1 Tom. of concell an in can 36. cont Eliber i Sozomen l. 5. c. 20. b Nicephor hist l. 11. cap. 43. c Prov. 2. ●0 Eph. 5. 1. ● Thes 1. 16. 2 Thess 3. 6 7. ● Cor. ●● Phil. 3. 17. 2. Tim. 3. 4. Sitting the only convenient gesture What is occasionall in the first supper 2. Arg. Christ sate at the first Supper Of kneeling part 2. pag. ●● Part. 2. Page 62. Sitting a signe of our co-heireship Part 2. pag. 187. Paybodie p. 268. 269. Disputer against kneeling Arg. 1. c. 6. A signe of our coheirship may well consist with our inferiority in worshipping Christ 4. Arg. Arg. 8. Ceremonies fail against the authority of Rulers a Pareus Com. in Rom. 13. dub v. 5. How civill positive laws binde not the conscience b Pareus Com. in Rom. c. 13. Dub. 7. c Richard Field on the Church 4. book c. 33. d Gerson de vita spir part 3. lect 4. e Greg. de val to 1. disp 7. punct 6. Sect. ● f Suarez tom de legibus lib. 3. cap. 22. h Aquin. 22 q. art 1. ad 3. i Suar. Deoper 6. dierum Tract 3. disp 5. Sect. 1. num 2. k Ferra. c●●● Gente● cap. 21. l Conrad 12. q. 20. art 1. A twofold goodnesse in things The will of authority cannot treate goodnesse in things m ● F. de con●●i● Prineip Qu●d Principi placuit legis babet vigorem est verum de placito justo n Carduba in sum quest 18. part 1. o Thom. 22. q. 104. art 6. p Soto de inst leg 1. 4. 6. art 4. q Medin● C. de paenitentia tract 4. de jujun c. 7. r Adrian quod 6. art 2. ſ Navar. in sum cap. 23. num 55. t Driedo l. 3. De liber Christ c. 3. ad 5. u Castro lib. 1. de lege pena c. 4. x August De Baptis l. c. 6. y Cajet verbo pracepti transgressio z Silvest verbo praecept q. 9. a Angelus verb. lex 11. 3. b Corduba q. 189. part 2. rat 1. 2. c Gers de vit spir lect 4. c. 7. Nulla lex s●reuda est tanquam necessaria ad salutem qu● non est de jure Divino d Durand l. 2. d. 44. q. 5. numb 6. Si Papa praeciperet Monacho ea quae sum contra suam professionem non motus aliqua necessitate vel utilitate Ecclesiae sed sola voluntate de hoc constaret Abbas praeciperet contrarium obediendum esset Abbati non Papae e Suarez Tom. de leg lib. 3. c. 24. f Greg. de valent tom 2. disp 7. q. 5. punct 6. Sect. 1. Humane lawes oblige onely in so farre as they agree with the Law of God g Medina tract De jejunio cap. 7. h Almain Moral c. 12. i Gers uti supra k Vasquez 12. disp 158 c. 4. num 32. Praecipient is intentio non facit praeceptum habere majorem vel minorem obligandi efficaciam sed necesfi●as diguitas vel utilitas corum quae praecipiuntur l Dried● de lib. Christ l. 3. c. 3. ad 5. m Pareus com in Rom. 13. v. 5. Dub. 7. Conclus 5. n Calvin inst l. 3. c. 19. Sect. 15. 16. o Beza in Notis in Rom. 13. A twofold consideration of humane laws p Iason q Baldus in rubrica F●de acquirendis b●reditatibus nu 23. seq r Bellarm. tom 1. cont 5. l. 3. c. 11. s Vasquez tom 2 in 12. disp 152. cap. 2. t Valent. tom 2. disp 7. q. 5. punct 6. v Doctor Iackson on the Creed lib. 2. cap. 4 How inferiour rulers are subordinate to God in commanding x Bellar cont Barclai cap. 3. Bon● sensu Christus dedit Petro potestatem faciend● de peccato non peccatum de non peccato peccatum Humane authority is not the nearest or instrumentall cause of Lawes y Stapleton de statu Eccles cont 5. q. 7 art 2. z Field on the Church booke 4. c. 33. a Gerson b Almain oper moral cap. 12. c Decius namco●●upiscen lect 1. d Mencha questionum illustrium l. 1. c. 19. num 1. e Iunius animadv f Doctor Iackson 16. g Sutluvius de Presbyter c. 11. 66. Sic non magis Ecclesiae Synodo log●s scribere promulga●e liceres quam popul● subditis sibil●ge● co●de●● pr●ter sui principis Magistratus voluntatem si nimirum Christus esset extern● politiae legislator h Bellar. de interp verbi lib 3. cap. 4. A double obedience due to Rulers objective and subjective i 1 Thes 2. 13. Esa 1. 2. ●er 1. 2. Ezek. 2. 7. Objective obedience no more due to Rulers then to equalls Ibid. p. 259 260. False rules of obedience to Rulers proposed by Doctor Jackson refuted 3. Rule a Hooker Churchpolicy 5. book p. 197. 198. b Suarez de Relig. tom 4. lib. 4. tract 9. cap. 15. Considerare ●rg● aporte● a● secluso precepto res sit utraque ex parte probabilis tunc universaliter verum erit adjuncto praecepto obediendum esse c Thomas Sanches Jesuita Cordubensis in Decalog tom 2. l. 6. c. 3. n. 3. Quado subditus dubius est an res precepta sitlicita nec ne tenetur obedire exeusatur abpreceptun superioris d Ignat. loyola cat Jesuit lib. 2. cap. 17. 18. Prudentia non obedicntis sed imperantis est Item non est dignus nomine obedientis qui legittimo superiori non cum voluntate judicum suum submittit e Greg. d● Valentia to 3. dis 7. q. 3. punct 2. Subditus non suo judicio atque authoritati nititur superioris f Vasquez 12. q. 19 disp 66. c. 9. num ●1 g Salas 12. q 21. tract 8. disp unic sect 17. num 152. The good nesse of obedience to Rulers cannot countervalue the evil in the manner of doing with a doubting conscience and so sinfully i Vasquez in 12. ●om 1. disp 68. cap. 2. k C●ssian collat 17. cap. 17 l Chrys●●● oper imperf fi ejus ●it opus homil 9. cap. 7. m Ambr. lib. i●de offic cap. 30. n Aquin. 12. q. 19. art 7. o
office in either Church or state for so a Christian Magistrate as a Christian Magistrate should be Ens per aggregationem a thing composed of Magistracy and Christianity as a Christian Physician a Christian Painter and then the question should be whether judgeth he as a Magistrate or as a Christian as we may aske whether a Christian painter painteth as a painter or as a Christian not as a Christian for then all Christians should be Painters and a result of both should neither be a Magistrate nor a Christian but middle between both which fighteth with reason and sense Some say The power of the Magistrate in a Christian Magistrate who knoweth the doctrine of the Gospell and hath help of the counsell and light of godly Pastors and Teachers is perfecter then in Heathen Magistrates and therefore this power as not Christian or heathenish governs men as men but as Christian it governeth them as Christian m●n But the learned and worthy professor Jac. Triglandius saith this is said without probation for saith he men as Christians are members of the Church and so are not governed but in an Ecclesiasticall way and where hath the Lord commanded the Christian Magistrate to governe the sheep of Christ as the sheep of Christ Then say I 1. The magistrate must governe the Church as the Church and so rule over the conscience of men in relation to eternall happinesse by promising to them temporall rewards and by compelling them by the sword to be carried toward eternall beatitude for to rule the Church as the Church is to direct and lead them by spirituall means Word Sacraments and Discipline to heaven which the magistrate as a magistrate cannot do by the sword and what he doth as a Christian that he must do in a spirituall way not with a secular arm and power as magistrate and the two powers of a magistrate and of a Christian cannot coalescere grow together in one office which is made up of both as of two parts being in nature and spece different no more then of a Horse and a Lyon you can make a third living creature It is true by Grace and Christianity the power of the magistrate is perfected and an excellent lustre added to it but not one degree of Magistraticall power is added to it by which the magistrate doth rule men as Christians and as a Church For as the office of a magistrate doth not promote the man one step nearer to saving Grace so Christianity maketh not the Heathen magistrate more a magistrate nor giveth him a new sword over the Church as the Church which he had not before nor doth it take any magistraticall power from him no more then a heathen Husband Master Physician being converted to Christ is more a husband more a master or Physician then he was before The former power is only spiritualized and graciously facilitated in its acts but not one whit augmented in its entitative degrees of power over the wife the souldiers the servants the sick Triglandius excellently The Christian magistrate converted is sanctified but he acq●ireth no new right over the Church So meat is sanctified by the Word and Prayer but it is not more meat nor doth more nourish because sanctified 7. Distinct The exercise of the Ministeriall power in dispensing Word Sacraments Discipline falleth under a fourfold consideration which because it cleareth a necessary point I desire may be carefully observed by the Reader 1. The simple exercise of that power is considered sine modo without any qualification good or evil Orthodox or Heterodox as the Christian Magistrate procureth by his care that there should be a Ministery to dispense Word Sacraments and Disciplin● 2. The second Consideration of this exercise is The exercise of power soundly and painfully in the fear of the Lord the Magistrate exhorting them thereunto for conscience 3. The third Consideration is the exercise of the same in a corrupt and wicked way and manner either negligently or wickedly or for evil ends 4. The fourth Consideration is the free and peaceable exercise of this power without bodily violence Hence I intreat the Reader to carry along in his ●ye 1. The simple exercise of the Ministeriall power 2. The just and godly sound and laudable exercise 3. The wicked and corrupt exercise or the abuse thereof 4. The peaceable exercise Hence our 1. Assertion The Magistrate as the Magistrate is to procure that there be Preachers and Church-officers to dispense Word Sacraments and Discipline For 1. his end is That people under him may lead a quiet and a peaceable life in godlinesse and honesty 1 Tim. 2. 2. And the Magistrate attaineth his end as a Magistrate if there be simple exercise of Religion in the quiet and peaceable way that may consist with the subjects indempnity and immunity from rapine injuries and violence 2. The difference between the Magistrates and other callings is that the Magistrate was to take care of old That there were Levites who bare the Ark and Priests who should burn incense before the Lord and Sacrifice and yet it was unlawfull for the Magistrate to bear the Ark on his own shoulders or in his own person to burn incense or sacrifice so the Physicians hinder that diseases rage amongst the subjects and the Magistrates do also hinder that they should rage But the Physians hinder them by curing diseases and the Magistrate hinders them not by curing diseases for then he should as a Magistrate also be a Physician but by procuring that there should be Physicians in the Common-wealth The Magistrate hindreth ignorance and losing Ships by Tempests not by professing and teaching Sciences and Arts in Academies in his own person nor by steering Ships and guiding them himself to their Ports for so a magistrate as a magistrate should be a Schoolm●ster a professor of Arts and Sciences in the Universities and a Pilot or Shipmaster which were a confounding of all callings but by procuring that there should be Universities and Professors of Arts and Sciences and by providing honorable stipends and wages for them and procuring that in the Common-wealth there should be Sailers who are skilled in Shipping and so doth the magistrate by his office take care that the Word Sacraments and Discipline be dispensed 3. But the magistrate as the magistrate doth no● command sincere hearty zealous and affectionate dispensing of Word Sacraments a●d Discipline But only the dispensing of those without the qualification of the spirituall or sincere exercise of the power Because 1. The Magistrate cannot command that as a magistrate which he cannot judge of whether the thing commanded be consonant to his command or not But the magistrate as the magistrate cannot judge of the spirituallity sincerity zealousnesse affectionatenesse of that obedience which the Church yieldeth to his command for if the Pastors dispense word and Sacraments and binde and loose by the keys following the rules of the word the magistrate