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cause_n	bishop_n	king_n	pope_n	3,740	5	6.7557	4	true

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

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

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

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

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