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

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eate and drinke with Publicans But they did not in any place at any time upbraide him that he Prayed in the Temple with them that he was present with them at the Sacrifices and Rites That with them and all others he went up to Jerusalem to Celebrate the Passover and other yearly Solemnities And for the same reason they were so farre from indeavouring to debarre these wicked Knaves and mostcruell Hereticks the Saduces from their Ceremonies That they permitted them to ascend to the honour of the High-Priest-Hood In the mean time how much the one hated the other is clear out of Josephus History and the Acts of the Apostles They would with stretched out armes have embraced this occasion to be revenged on their enemies if it had been lawfull XIII Yea they could not indeed debarre the impure from eating of the Passover seeing they did not eat it before the Priests but in their private houses as we find that Christ together with his Disciples did Celebrate the last Passover For then all the people in some measure did discharge the Office of a Priest as Philo the Jew speaking of the Paschall doth testifie When every one of the people do Sacrifice not expecting the Priests they being by the permission of the Law allowed once a year on the day appointed to discharge the Office of a Priest And if in one Family there were too few to eat up all the Paschall Lamb they were commanded to call their Neighbours to them Exod. 12. that they might eat up the whole The same way seemeth to be observed in Circumcision except that they were not bound only to Circumcise at Jerusalem as they were oblig'd to Celebrate the Passover there for I do not remember that I have read that the presence of a Priest was necessary to that matter XIV That forerunner of Christ John the Baptist observed the same constantly when he Baptized all the Pharisees and Sadduces whose manners he fully knew and thence openly called them a generation of Vipers together with the Publicans and all others that came unto him Matth. and Luke 3. that they might repent and amend their former life and flye from the wrath of God which was to come It is not likely that this eminent man would have admitted men covered with so many wickednesses yea impiously and publickly denying the Resurrection of the dead except he had well known that the Law excluded no such persons For the Law excludeth no Circumcis'd Person except the unclean and leprous as was said before XV. This uncleanness indeed was a legall Ceremony and not the impurity of life and manners for he was not unclean that had committed any sin or perpetrated any villany But he was unclean that had touched any dead Body Excrements bloody Issues or such like For this reason the Pharisees would not enter the Councell-house when they delivered Christ to Pilate to be put to death least they should be hindred to eat the Passover Certes the Mosaicall uncleanness did not so figurate out sins that as those that were defiled with them were forbidden the Tabernacle and converse of others So they that were guilty of sin should be chastis'd and punished by the denying them the Sacraments or throwing them out of the visible Church which is clearly held forth by the reasons following 1. Transgressors were not punish'd with the same punishment that the unclean were whilst that legall uncleanness was in force and together therewith there were multitudes of wicked persons How then is it likely that after these Ceremonies are remov'd and abolished they should have signified these wickednesses ought to be so punished 2. Moses should have openly been opposite to himself whilst he did really admit those persons to the Temple and Ceremonies which by the legall Ceremonies he signified should be debarred the same For it is certain that not any was forbidden the Temple and company of others for the vitiousness of his manners If he had not according to the appointment of the Law touched a dead body or defiled himself by any other such like meanes Therefore he should have punished them that signified the wicked and should have left the wicked themselves as to this punishment unpunished and so he should both deny and affirme the same thing 3. Legall impurity was a certain quality and staine of the body when as wickednesses are opperations and consist in action For the cause and wet of wickedness is brought forth together with us neither is it punished by man so long as it bringeth forth no fruits Otherwise all men should be Excommunicated For we will never be freed from this impurity of soul so long as we shall enjoy this mortall life But the other being only a blemish and uncleanness of body is punished by secluding them from dyeting together with others although it produce no fruite that is although the legall unclean Person do not offend in any thing against the Law The workes and transgressions of legall unclean persons If whilst they were unclean they offended against the Law in any thing were punished by the Magistrate as other transgressions were 4. Our Adversaries confess that all sorts of sins are not to be punish'd by Excommunication whenas the Law commandeth every purity to be punish'd by excluding the Offender from the Tabernacle and publick Sacrifices wherefore they did not prefigurate all offences 5. Not any can be Excommunicate that sinneth unwillingly when as men most frequently became unclean against their wills and without any fault in them yea many times to their great grief What guilt is to be thought in him who against his will and whilst he was sleeping lost his seed in the night whose Wife became menstruous before his expectation whose Children Wife Parents did die or to whom any such thing did happen But that these vices should be voluntary for which men should be excluded from the Sacraments as some are of opinion needeth no probation 6. There was a farre heavier punishment appointed for one that should kill a man against and besides his will Then a few daies or weeks exclusion from the Sacraments which was almost the greatest punishment was inflicted on uncleanness Because then an involuntary and therefore the most easie sin was chastised with a severer punishment then the most unclean legall impurity it easily appeareth that the punishment due to this is not to be transferr'd for the chastising of wickedness 7. It frequently came to pass that the most holy and upright person was made unclean and was debarr'd from entring the Temple and use of the Sacrifices whilst the most wicked person without any impediment was admitted to both Wherefore if in the Church of God the punishment of both should be the same this person should much more be debarr'd the use of them then the other 8. It is clear That God hath not at any time or in any place absolutely forbidden all legall impurity for then without doubt he would not have had
this man the Arke of God was carried and things belonging to religion were done as is manifest by the whole Book of Joshua Samuel and Eli when they did discharge both the Offices they did offer as Priests and as Judges they put in order things belonging to the Common-wealth together with Religion And indeed it was lawfull for the high Priests in the Old Testament to govern also civill business because they were Types of Christ as King and Priest but to our Priests it is said but you shall not do so 1 Pet. 5. which belongeth likewise to this place LXXIV When ye come to the Kings of the Jews the matter is also clear of David no man doubteth who did dispose of all Offices and Ministers of the Church as is manifest Let any man read who will 1 Chron. 22 27. Afterwards Salomon the King did not only build the Temple but did also consecrate it and not a Priest Hitherto belongeth that famous History of Jehosophat 2 Chron. 19. which being diligently pondered will clear this cause excellently as doth likewise the History of most holy King Ezekias and to conclude the whole Old Testament Wherefore if that Common-wealth and Church was most wisely founded ordered and constitute That Church cannot but be praised that cometh as near as the circumstances and present matters will permit to its forme Therefore wheresomever the Magistrate is pious and Christian there there is not read in any person who under another name of life should governe or punish as if the pious Magistrate differed nothing from the prophane It is really the worst of all errors saith Mr. Wolfgang Musculus in his common places of the Magistrate out of which I have written out what next proceeded that most part think no otherwise of the Christian Magistrates then of the dominion of the profane whose power is only to be acknowledged in civill matters Therefore if the godly Magistrate hath not only received power to constitute religion according to the precept of the holy Scriptures and to dispose of its Offices and Ministers for which cause Moses commandeth him Which is chosen King with his own hand to write out the Book of the Law or Moses's own writings and to exercise himself therein continually But likewise also to punish vices Then in vain do now some amongst us thinke of a new forme of judgment which shall reduce the Magistrate himself orderly and under his own subjects For that Ecclesiastick judgment-Seat of manners for Doctrine the Magistrates ought ever to consult them that are most acquainted therewith it is not to be found commanded in any place of the holy Scriptures LXXV But in these Churches that live under an ungodly Magistrate to wit under a Popish or Turkish grave and godly men must be chosen who must give judgment betwixt men that are at strife and must compose all differences and do other things of this kind And the same men ought together with the Pastours to admonish and rebuke unclean and defiled persons And if they prevaile nothing they must punish them either by denying them private commerce or by publick rebuke or by taking some other such notice of them But they cannot debar them that desire to come to the Sacraments instituted by God For who judgeth the heart but God It may come to pass that a sparke may be kindled by the publick Preaching To norish which by any means that opposeth not Piety is not only unprofitable but altogether fruitfull And I pray you how can it not be absurd and therefore ungodly to debar one from the publick and solemn Thanksgiving for the remembrance of the death of the Lord which findeth in his heart that he is compeld to celebrate the same together with the Church and who is willing to declare himself to be a member thereof and will publickly declare that his by-past life i●d ispleasing to him Appendix PErchance it will not be besides the purpose if in place of an addition or corollary I adde what was decreed by all the Orders of the Laicks belonging to the Empire in their meeting at Nurenberge Anno. 1523. concerning this matter and were offered to the Pope of Rome For by this meanes-will appear that before about 46. years ago the Divines begun to thinke of this Dispute neither are we the first that move the same Indeed I believe there is not any that is but in a mean measure acquainted with the Germane affaires which either thinketh or believeth that any of these things were decreed or desired from the Pope without the knowledg of the Divines But that the matter might be more clear it pleased me to conferre the Dutch examples which was writ in the writing it self with the Latine one which was sent to the Pope which Illyricus Printed with this Book of the Sects and Schisms of Popery at Basil 1565. and out of the colation of both is set down the whole Decree Therefore amongst the one hundred grievances which were two years before done at Wormes but were now set down more distinctly at Nurenberg the Thirty fourth pronounce thus Item Many Christians at Rome and in other places also are Excommunicated by Arch-Bishops Bishops and their Ecclesiastick Judges for profane causes and temporall goods And many infirme consciences are afflicted therewith and led into dispaire So for many and for transitory things and very oft for very light causes some besides that they loose their honour and their fortunes are thrown into the danger both of soul and body When notwithstanding no man ought to be Excommunicate or ought to be esteemed for an Excommunicate person as the holy Scriptures witnesseth except he that is convict of Heresie Wherefore the Laick orders of the holy Empire beseecheth the Popes holiness as becometh him and appears in a Religious Father that he would altogether abrogate this burden of Excommunication at Rome or in the Roman Court and that he would have a care that it should be taken away every where in all other places from Arch-Bishops Bishops and their Judges And to conclude That he would command that no man should be Excommunicate or holden for an Excommunicate Person for any other cause but for the manifest and convicted sin of Heresie belonging to Religion For men ought altogether otherwise either for temporall goods or for any other humane offences be removed or separate from God and his Church except for Infidelity and Heresie Hitherto likewise belongeth that which John Stiumfius in his Chronicle of Helvetia Book 2. of Germany Chap. 29. That the Priests through Swablan about the year of our Lord 1245. when by the instigation of the Pope Hendric Lantgrave of Turengia and after his death William Earle of Holland was chosen against the Emperour Frethrick the second and his Son Conrad did constantly amongst other things teach That it was not granted to any mortall man under the Sun to forbid Christians spirituall duties and the worship of God For this cause they continually say a Masse