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cause_n	exclude_v	faith_n	justification_n	1,460	5	9.5364	5	false

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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

and God inviteth them to repentance and the staying in the Church And the Sacraments are to Erastus means of repentance and this casting out must be to save them for no power is given of God to the Magistrate or Church for destruction but for edification Now to put them out of the Church that they may be saved is as Erastus conceiteth to cast a lascivious Virgin out of the company of chaste Matr●ns to the end she may preserve her chastity I speak here all in the language of Erastus who useth all those against casting any out of the Church by Presbyters but they stand with equall strength against his casting out of idolaters and apostates out of the Church and so do the rest of his Arguments Therefore this conclusion of Erastus is a granting us the whole cause after in six books he hath pleaded none should be Excommunicated he falleth on Bellarmines Tutissimum igitur c. when he had written six books against justification by faith Lastly why should idolaters apostates and obstinately wicked men be excluded from the dispute of Excommunication and suspension from the Sacraments for he knoweth that Beza and Protestant Divines do make these the speciall though not the whole subject of the dispute Now Erastus concluding his six books doth hereby professe he hath never faithfully stated the question when he excludes those from the subjectum questionis who especially heareth not the Church and ought to be Excommunicated Thus have I given an account as I could of the wit of Erastus against the freedome of the Kingdome of the Lord Iesus CHAP. XXIII Of the power of the Christian Magistrate in Ecclesiasticall Discipline QUEST XIX Whether or no the Christian Magistrate be so above the Church in matters of Religion Doctrine and Discipline that the Church and her Guides Pastors and Teachers do all they do in these as subordinate to the Magistrate as his servants and by his Authority Or is the spirituall power of the Church immediately subject to Iesus Christ only VVEE know that Erastus who is Refuted by Beza Vtenbogard whom Ant Walens Learnedly Refuteth Maccovius opposed by the Universities and Divines of Holland Vedelius Answered by Gu. Apolonius and others and the Belgick Arminians in their Petition to the States and Hu. Grotins against Sibrandus Lubert Divers Episcopall Writers in England do hold That the Guides of the Church do all in their Ministery by the Authority of the Christian Magistrate I believe the contrary And 1. We exclude not the Magistrate who is a keeper of both Tables of the Law from a care of matters of Religion 2. We deny not to him a power to examine Heresies and false Doctrine 1. In order to bodily punishment with the sword 2. With a judgement not Antecedent but Subsequent to the judgement of the Church where the Church is constituted 3. With such a judgement as concerneth his practise lest he should in a blinde way and upon trust execute his office in punishing Hereticks whether they be sentenced by the Church according unto or contrary to the word of God as Papists dream 3. We deny not but the Prince may command the Pastor to Preach and the Synod and Presbytery to use the keys of Christs Kingdom according to the Rules of the Word But this is but a Civill subjection though the object be spirituall But the Question is not 1. Whether the Christian Magistrate have a care of both Tables of the Law 2. Whether he as a blinde servant is to execute the will of the Church in punishing such as they discern to be Hereticks we pray the Lord to give him eyes and wisdom in his Administration 3. Nor thirdly Whether he may use his coercive power against false Teachers that belongs to the controversie concerning Liberty of Conscience 4. The Question is not Whether the Magistrate have any power of jurisdiction in the Court of Conscience they grant that belongeth to the Preaching of the Word But the Question is touching the power in the externall Court of Censures 5. The Question is not Whether the power of exercising Discipline be from the Magistrate I mean in a free and peacable manner with freedome from violence of men we grant that power and by proportion also that exercise of Discipline is from him But whether the intrinsecall power be not immediately from Christ given to the Church this we teach as the power of saying peacably from danger of Pirats and Robbers is from the King but the Art of Navigation is not from the King But the Question is whether the Magistrate by vertue of his office as a Magistrate hath Supream power to Govern the Church and immediatly as a little Monarch under Christ above Pastors Teachers and the Church of God to Iudge and determine what is true Doctrine what Heresie to censure and remove from Church-Communion the Seals and Church-offices all scandalous persons and that if Pastors or Doctors or the Church Teach or dispense censures they do it not with any immediate subjection to Christ but in the Name and Authority of the Magistrate having power from the Magistrate as his servants and delegates To this we answer negatively denying any such power to the Magistrate and doe hold that the Church and Christs courts and Assemblies of Pastors Doctors and Elders hath this power onely and immediately from Iesus Christ without subordination in their office to King Parliament or any Magistrate on earth by these Arguments 1. Because in the Old Testament the Lord distinguished two courts Deut. 17. 8. If there arise a matter too hard for thee in judgement 10. Thou shalt come unto the Priests the Levites and unto the Iudge that shall be in those dayes and inquire and they shall shew thee the sentence of judgement And thou shalt doe according to the sentence which they of that place which the Lord shall chuse shall shew thee c. There be here two Courts clearly one court of Priests and Levites that were Iudges another of the Iudge Now the King by vertue of his Kingly office might not usurpe the Priests office 1. Vzziah was smitten with Leprosie for so doing 2. It is evident in Moses his writing that Aaron and his sonnes the Priests and Levites were separated for the service of the Tabernacle to teach the people to carry the Arke to sacrifice to judge the Leper and to judge between the clean and the unclean to put out of the campe out of the congregation the unclean and to admit the clean Lev. 1. 7 9 12 c. and 5. 8. and 7. 7. and 13. 3 4 c. 23. Numb 5. 8. c. and 18. 4 5. 2 Chron. 29. 11. You hath the Lord chosen to stand before him 1 Sam. 21. 1 2. Lev. 21. 1. Iosh 3. 8. 1 Kin. 8. 3. 1 Chron. 8. 9. 2 Chron. 5. 7. and 7. 6. and 8. 14. Zeph. 3. 4. Hag. 2. 11 12. Mal. 2. 7 Deut. 10 9. and 21. 5. Num. 1.

warranted by Scripture it followeth only to him that so doth it is unlawfull Rom. 14. 14. In that he doth Bonum non benè a thing lawfull not lawfully 4. It is unpossible to deduce all truth out of any truth For then because the Sun riseth to day it should follow Ergo Crosse and Surplice are Lawfull I might as well deduce the contrary Ergo they are unlawfull Hooker Some things are good in so mean a degree of goodnesse that men are only not disproved nor disallowed of God for them as Eph. 5. 20. No man hateth his own flesh Matth. 5. 46. If ye do good unto them that do so to you the very Publicans themselves do as much They are worse then Infidels that provide not for their own 1. Tim. 5. 8. The light of nature alone maketh these actions in the sight of God allowable 2. Some things are required to salvation by way of direct immediate and proper necessity finall so that without performance of them we cannot in ordinary course be saved In these our chiefest direction is from Scipture for nature is no sufficient director what we should do to attain life Eternall 3. Some things although not so required of necessity that to leave them undone excludeth from salvation are yet of so great dignity and acceptation with God that most ample reward is laid up in Heaven for them as Matth. 10. A Cup of cold Water shall not go unrewarded And the first Christians sold their possessions and 1 Thess 2. 7. 9. Paul would not be burdensome to the Thessalonians Hence nothing can be evil that God approveth and he approveth much more then he doth Command and the precepts of the law of Nature may be otherwise known then by the Scripture then the bare mandat of Scripture is not the only rule of all good and evil in the actions of Morall men Ans 1. The Popery in this Author in disputing for a Platform of Government that is up and down and changeable at the will of men made me first out of love with their way for his first classe of things allowable by the light of Nature without Scripture is far wide for Eph. 5. 20. That a man love his own flesh is Commanded in the sixth Commandment and the contrary forbidden otherwise for a man to kill himself which is self-hatred should not be forbidden in Scripture the very light of nature alone will forbid ungratitude in Publicans and condemn a man that provideth not for his own But that this light of nature excludeth Scripture and the Doctrine of Faith is an untruth for Hooker leaveth out the words that are in the Text and most against his cause He that provideth not for his own is worse then an Infidel and hath denied the Faith Ergo the Doctrine of Faith commandeth a man to provide for his own What Morall goodnesse nature teacheth that same doth the Morall Law teach so the one excludeth not the other 2. It is false that Scripture only as con●adistinguished from the Law of Nature doth direct us to Heaven for both concurreth in a speciall manner nor is the one exclusive of the other 3. For his third classe it s expresly the Popish Works of supererogation of which Hooker and Papists both give two Characters 1. That they are not Commanded 2. That they merit a greater degree of glory Both are false To give a Cup of cold water to a needy Disciple is commanded in Scripture Isa 57. 9 10. Matth. 25. 41 42. And the contrary punished with everlasting fire in Hell For Paul not to be burdensome to the Thessalonians and not to take stipend or wages for Preaching is commanded for considering the condition that Paul was in was 1 Thess 2. 6. To seek glory of men was a thing forbidden in Scripture and so the contrary cannot be a thing not commanded and not to be gentle v. 7. As the servant of God ought to be even to the enemies of the truth 1 Tim. 2. 24. Not to be affectionately desirous to impart soul Gospel and all to those to whom he Preached as it is v. 8. is a sin forbidden and for the merit of increase of glory it is a dream Hence I draw an Argument against this mutable form of Government The changeable Positives of this Government such as Crossing Surplice and the like are none of these three enumerated by Hooker 1. They are not warranted by the Law of nature for then all Nations should know by the light of nature that God is decently worshipped in Crosse and linnen Surplice which is against experience 2. That these Positives are not necessary to salvation with a proper finall necessity as I take is granted by all 3. I think Crosse and Surplice cannot deserve a greater measure of glory for Formalists deny either merit or efficacy to their Positives The Jesuit Tannerus confirmeth all which is said by Hooker as did Aquinas before him And E●ki●s in his conference with Luther and Oecolampadius who say for imagery and their Traditions that it is sufficient that the Church say such a thing is truth and to be done and the scripture doth not gain-say it SECT V. Morall Obedience resolved ultimately in Scripture FOR farther light in this point it is a Question What is the formall object of our obedience in all our our Morall actions that is Whether is the Faith practicall of our obedience the obedience itself in all the externals of Church Government resolved in this ultimately and finally This and this we do and this point of Government we believe and practise because the Lord hath so appointed it in an immutable Platform of Government in Scripture or because the Church hath so appointed or because there is an intrinsecall conveniency in the thing it self which is discernable by the light of nature Ans This Question is near of blood to the Controversie between Papists and us concerning the formall object of our faith that is Whither are we to believe the scripture to be the Word of God because so saith the Church or upon this objective ground because the Lord so speaketh in his own Word Now we hold that scripture it self furnisheth light and faith of it self from it self and that the Church doth but hold forth the light as I see the light of the Candle because of the light itself not because of the Candlestick Hence in this same very Question the Iews were not to believe that the smallest pin of the Tabernacle or that any officer High-Priest Priest or Levite were necessary nor were they to obey in the smallest Ceremoniall observance because Moses and the Priests or Church at their godly discretion without Gods own speciall warrant said so But because so the Lord spake to Moses so the Lord gave in writing to David and Solomon 1 Chron. 28. 11. 19. And so must it be in the Church of the New Testament in all the Positives of Government otherwise if we

things of God Leviticus 10. 10. The Priests were not to drink wine when they went into the Tabernacle That ye may saith the Lord put difference between holy and unholy and between unclean and clean Now Haggai expresly saith cap. 2. 11 12. That it was the Priests part to put this difference and so to admit to or exclude from the holy things of God Hence for this cause it is said as 2 Chron. 23. 19. Iehoiada appointed the officers of the Lords house so he set porters at the gates of the house of the Lord that none which are unclean in any thing might enter in so Ezra 9. 21 22. None did eat the Passeover but such as were pure and had separated themselves from the filthinesse of the Heathen of the land for this cause doth the Lord complain of the Priests Ezech. 22. 26. Her Priests have violated my law and have polluted my holy things they have put no difference between the holy and the prophane neither have they shewed the difference between the unclean and the clean Ezech. 44. 6. And thou shalt say to the Rebellious even to the house of Israel thus saith the Lord God O ye house of Israel let it suffice you of all your abominations 7. That ye have brought into my sanctuary strangers uncircumcised in heart and uncircumcised in flesh to be in my sanctuary to pollute it even my house when ye offered my bread the fat and the blood and they have broken my Covenant because of all your abominations 8. And ye have not kept the charge of my holy things But ye have set keepers of my Charge in my Sanctuary for your selves 9. Thus saith the Lord God no stranger uncircumcised in heart nor uncircumcised in flesh shall enter into my sanctuary of any stranger that is among the children of Israel Here is a complaint that those that have the charge of the holy things should suffer the holy things to be polluted I grant it cannot bear this sense that none should be admitted to be Members of the Visible Church under the New Testament but such as are conceived to be regenerate except it can be proved that the Sanctuary was a type of the visible Church 2. That the Apostles constituted their Churches thus but we read not in all the New Testament of any admission of Church Members at all but only of baptizing of those who were willing to be baptized and from this resulted the capacity of a Church Relation in all Churches visible Nor 2. Do we finde any shadow in all the word of God of tryall of Church Members by way of electing and choosing of such and such as qualified by reason of a conceived regeneration in the persons chosen or of rejecting and refusing others as conceived to have no inward work of grace in them this I believe can never be made good out of the word of God 3. They must prove the Apostles admitted into the Sanctuary of the Visible Church Ananias Saphira Simon Magus and others uncircumcised in heart to pollute the holy things of God and that the Apostles erred and were deceived in the moulding of the first Apostolick Church in the world which was to be a rule and pattern to all Churches in the New Testament to all Ages I deny not but they might have erred according to the grounds of these who urge the comparison for a Church of visible Saints but that the Apostles De facto did erre in their Election and judgement in that wherein the holy Ghost holdeth them forth and their acts to be our rule and pattern I utterly deny I grant Act. 15. In that Synod they did Act as men and Elders not as Apostles but that it could fall out that they should uctually erre and obtrude false Doctrine instead of truth to the Churches in that Synod which is the first rule and pattern of Synods I shall not believe But there is this Morall and perpetuall truth in these Scriptures 1. That there are under the New Testament some over the people of God in the Lord some that watch for their souls and govern them as here there were Priests Levites that taught and governed the people 2. That the Rulers of the Churches alwayes are to have the charge of the holy things and to see that these holy things the Seals and Sacraments and word of promise be not polluted and that therefore they have power given them to debar such and such profane from the Seals and so are to discern between the clean and the unclean and this which the Prophet speaketh ver 9. is a prophecie never fulfilled after this in the persons of the people of God therefore it must have its spirituall truth fulfilled under the New Testament as is clear ver 11. Yet the Levites that are gone away far from me shall be Ministers in my Sanctuarie having charge at the gates of the House and Ministering to the House 14. And I will make them keepers of the charge of the House for all the service thereof and for all that shall be done therein Ver. 15. And the Priests and the Levites the sons of Zadok that kept the charge of my Sanctuary when the children of Israel went astray from me they shall enter into my Sanctuary and they shall come neer to my Table to minister unto me and to keep my charge 23. And they shall teach my people the difference betweene the holy and prophane and cause men to discerne between the uncleane and the cleane 24. And in controversie they shall stand in judgement and they shall judge it according to my judgement and they shall keepe my Lawes and my Statutes in all mine assemblies and they shall hallow my Sabbaths Now this Temple was another house then Solomons Temple as is evident out of the Text it having roomes dimensions structures so different that none can imagine them one house and these chapters containe the division of the Holy Land which after the captivity was never done for the ten Tribes never returned and this Temple is clearely a type of the new Ierusalem and agreeth to that City spoken of Revelation chapters 21. and 22. As may appeare especially by the foure last chapters of Ezekiel and in the last words of the last chapter And the name of the city from that day shall be The Lord is there And the Priests after the captivity as well as before brake the covenant of Levi Mal. 2. And therefore I see it not fulfilled except in the visible Church of the New Testament and in the Assemblies of Christian Churches Mat. 18. Act. 15. and the rest of the Church-assemblies under the New Testament As for the Lords personall raigne on earth it is acknowledged there shall be no Church policy in it no Word Sacraments Ordinances no Temple as they say from Rev. 21. 22. And with correction and submission the Priests and Levites that Ezek. 44. 15. are said to keep the charge of the Lords

ground of other Scriptures is a thing I can hardly beleeve But since Excommunication is an ordinary censure the Church might well as they see the man penitent or contumacious cast him out or not pardon or not pardon Erastus Paul delivered to Satan Hymeneus and Alexander that they might learne not to blaspheme not that the dead are capable to learne or to be blasphemed but this be saith as a Magistrate when he saith he will give an ill doer to the hangman that he may learn to steale no more and to rob no more Ans 1 Tim. 1. 20. I delivered them to Satan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is like to edifying discipline and agreeable to Pauls use of the rod of discipline 2 Cor. 10. 8. Though I should boast somewhat more of our authoritie which the Lord hath given us for edification and not for destruction Now it were safer to give a sense congruous to the intrinsecall end of discipline which was not for destruction of the body but for the edifying of souls 2. Yea so Paul had no lesse the Sword then the rod of the Word Nero had not so heavy a sword as miraculous killing Should not Paul speake rather as a Pastor of Christ then as a bloody Magistrate Erastus If to deliver to Satan be all one with debarring from the Supper onely yet it is not all one with being cast out of the Church without which there is no salvation but the Supper is not absolutely necessary to Salvation Ans Nor doe we put that necessity on the Sacraments but where the man is excluded from the Sacraments for such a sinne as if he repent not he is excluded from Salvation it concerneth him much to thinke it a weighty judgement to be excluded from the Seales Erastus These two are inconsistent which you teach to wit that he is not debarred from the Sacraments who desireth them and that his desire whether it be a right or a wrong and unlawfull desire shall depend on the judgement of others to wit the Presbytery Ans Erastus should have made others see how these two fights together I see no inconsistencie no more then to say a childe that desireth food is not debarred from food and yet his desire of food may be subject to wise Stewards whether every desire of food be right or no as whether he should be answered by the Stewards when he desireth poyson or bread not to ea●e but to cast to dogs and this will fight against preaching of the Word the Professor that longeth for the comforts of the promises of the Gospel is not debarred from them yet are preachers to try whether threatnings be not fitter for him in his security then the comforts of the promises Erastus Paul 2 Cor. 12. and 13. threatneth not exclusion from the Lords Supper to those who had not repented of their schisme drunkennesse denying of the resurrection but he saith he would severely punish them according to the authority and power given him of God and he did this frequently but we read not exclusion from the sacraments Answ 1. It is true he threatneth those who had not repented of their uncleannesse and fornication and lascivionsnesse 2. Cor. 12. 20 21. and c. 13. v. 2. threatneth that he will not spare but use his authority but doth Erastus read that he either threatneth or doth actually miraculously kill any of the beleevers at Corinth and let him answer why the Apostle did not write to the Church that they would conveene and take course with them as he did with the incestuous man 1 Cor. 5. 2. when he saith He will not spare when he comes he must be expounded according to Erastus to come as a miraculous Magistrate to kill them 3. He saith not they were impenitent but he feareth it should be so 4. We hold if any should be contumacious he would not onely deny pearls to such Swine as his Master commanded Mat. 7. But also follow that rule Mat. 18. 4. Erastus himselfe granteth if there shall be found a man that tramples upon the Pearles and holy things of God as there must be some one or other which is such as deserveth to be miraculously killed By this Argument he granteth I say that such a one should not be admitted Hunc ego minimè admittendum censeo but how shall he be not admitted by this Argument Erastus There were many amongst the Ancients who deferred their Baptisme to the end of their life when therefore it is not written that these are damned who are excluded from the Supper against their will and not those who willingly exclude themselves from Baptisme why should the one more then the other be delivered to Satan for he is in a better condition who is excluded by the Presbyters against his will from the Supper then he who doth of his owne free will exclude him selfe from Baptisme Ans That the Ancients in the Apostolique Church which is our rule did deferre baptisme till they died Erastus cannot prove the Ancients after them is not our rule 2. That these were admitted to the Supper a Sacrament of the nourishment of these in whom Christ liveth before they were baptized which is the Sacrament of Regeneration and our first birth cannot be defended by Erastus and so he argues from an unlawfull practise 3. We reach not that any is damned because he is excluded from the Supper that Exclusion is a punishment men are damned for sins not for meer punishments but his sin is bound in heaven because of a great scandall such as incest and that if he repent not is the cause of damnation and therefore Erastus should have compared sinne with sinne the scandall with sinfull refusing of Baptisme and not have made a halting and lame comparilon an argument that concludeth nothing 4. Though those who deferred baptisme till death should not have been delivered to Satan yet will Erastus say they should not have been otherwise censured for these behooved with Socinians to hold Baptisme but an indifferent rite and by this many lived in the contempt of a necessary ordinance though not simply necessary and so died with the sinfull want of Baptisme many times Erastus The exclusion of men from the Sacraments did creep into the Church when men did ascribe salvation to the Sacraments therefore the Supper was given to dying men though excommunicate as the deniall of the Supper damneth Ergo the receiving of it saveth And so of Baptisme they reasoned Answ Erastus nameth this his own probable conjecture But it is to beg the question he may know how singular Augustine was for the necessity of Baptisme and how many of the Ancients were against him in it 2. He may know this consequence to be a conjecture and that it is not stronger because it is his owne 3. He granteth that exclusion of the unworthy from the Sacraments is ancient so much gain we by his conjectures Erastus When the Church wanted a Magistrate

or State a power to unjustice ad malum n●●la est potestas Obj. 14. How can the Magistrate determine what the true Church and ordinances are and then set them up with the power of the sword and how can he give judgement of a ●alse Church false Ministery false Doctrine and false Ordinances and so pull them down by the sword and yet you say the Magistrate is to give no spirituall judgement of these nor hath he any spirituall power for these ends and purposes Bloody Tenent Ans The Magistrate judges of these as a Magistrate not in a Pastorall way or Ecclesiastically for then by office he should be a preacher of the Gospel but civilly as they are agreeable or contrary to the Laws of the Common-wealth made concerning Religion and in order to the civill praise and reward of stipends wages or benefices or to the bodily punishment inflicted by the sword Rom. 13. 4 5. So though the object be spirituall yet the judging is civill and the Magistrates power in setting up true or pulling downe false ordinances is objectively spirituall or civilly good or ill to speak so against the duty or agreeable to that which men owe as they are members of a civill incorporation a City or Common-wealth But the same power of the Magistrate is formally essentially in it selfe civill and of this world CHAP. XXVI Quest 22. Whether appeals are to be made from the Assemblies of the Church to the civill Magistrate King or Parliament and of Paul his appeal to Cesar FOr the clearer explanation of the question its possible these considerations may help to give light 1. There be these opinions touching the point Some exclude the Magistrate from all care of Church-discipline ● As Iesuits and Papists will have Princes not to examine what the Church the Pope and the cursed Clergy of Rome decrees in their Synods To these the Sorbonists of Paris oppose and the Parliament of France cause to be burnt by the hand of the hangman any writings of Iesuits that diminisheth the just right of the Magistrate 2. Those who in the Low-countries did remonstrate under the name of Arminians as they are called hold that the Magistrate ought to tollerate all Religions even Turcisme and Iudaisme not excepted because the conscience of man cannot be compelled Some of them were Socinians as Henry Slatius who saith right downe he that useth the sword or seeketh a Magistracy is not a Christian yea war is against the command of Iesus Christ or in any tearms to kill any saith Henry Welsingius Episcopius their chief man will have the Magistrate going no further then reall or bodily mulcts or fines Ioan. Geisteranus pronounceth it unlawfull to be a Magistrate to use the sword But all say the Magistrate ought not to use the sword against Hereticks Blasphemers Idolaters or against any man for his conscience or Religion 3. Those that think the Magistrate bear the sword lawfully yet do confine him to the defence of the halfe of Gods Law the duties of the second Table and not to these all but to such as border not directly on conscience for if some should sacrifice their children to Molech and Devils as some do the Magistrate were not to punish them it being a joynt of their Religion and a matter of conscience and all these will be found to give to the Magistrate as the Magistrate just as little as Iesuits do in the matters of Religion and that is right downe nothing except possibly the Magistrate be of their Religion only whom he Governs only as a Christian man the Magistrate hath more with these then with Papists 4. Erastus giveth all in Doctrine and Discipline both in power and exercise to the Magistrate even to the dispensing of Word and Sacraments 5. Others forsaking Erastus in a little But following him in the main deny power of order 2. Power of internall jurisdiction granteth to him all the externall government of the Church 6. We hold that the Magistrate keeps both Tables of the Law and that he hath an inspection in a civill coactive way in preserving both Tables of the Law but that he is not as a Magistrate a member of the Church but as a Christian only 2. The exercise of Discipline is one thing and the exercise of it as the modus the way of exercising of it either in relation to Ecclesiasticall constitutions or in relation to the politick and civill Laws of a Common-wealth is a far other thing 3. As the Church is to approve and commend the just sentence of the civill judge in punishing ill doers but only conditionally in so far as it is just so is the magistrate obliged to follow ratifie and with his civil sanction to confirme the sound constitutions of the Church But conditionally not absolutely and blindely but in so far as they agree with the Word of God 4. Hence there is a wronging of the Church as the Church and a civill wronging of the Magistrate as the Magistrate or of the members of the Church as such or of the members of the Common-wealth as such the former and the latter both cannot belong to one judicature No more then the failing of a Painter against the precepts of Art because he hath drawn the colours proportion and the countenance beside the samplar and the failing not against Art but against the Lawes of the King in that he hath lavished out too much gold in the drawing of the image doth belong to one judgement for the Painter as a Painter according to the Law of Art must judge of the former and the Magistrate as a Magistrate of the latter 5. An appellation is one thing and the complaint of an oppressed man is another thing or a provocation to a competent judge is one thing and the refugium the refuge and fleeing of an oppressed man to a higher power is another thing if the Church erre and fail against the Law of Christ in the matter and decree the man to be a heretick who is none and that to be heresie which is truth the oppress●d man in a constituted Church may have his refuge to the godly Magistrate and complain but he cannot appeal for an appellation is from an erring judge to an higher judge in eadem s●rie in the same nature and kinde of judicatures as from a civill Court to a higher civill Court and from an Ecclesiasticall Court to a higher as suppose the Church of Antioch judge that the Gentiles must be circumcised the godly there may appeal to the judgement of Apostles and Elders in a Councell conveened from Antioch and Ierusalem both and therefore because the Magistrate can no more judge what is heresie what truth as a Magistrate then he can dispense Word and Sacraments an appeal cannot be made to him who is no more a judge ex officio nor he can dispense the Sacraments ex officio but a complaint may be made to the Magistrate if the Church