punishment except what was civill He granteth also that Niddui was included in the other two so that in all three there was a shutting out from the holy things I must not forget the Testimony of my Countreyman Master Weemse in his Christian Synagogue lib. 1. cap. 6. sect 3. paragr 7. They had three sorts of Excommunication first the lesser then the middle sort then the greatest The lesser was called Niddui and in the New Testament they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 put out of the Synagogue and they hold that Cain was excommunicated this way The second was called Cherem or Anathema with this sort of Excommunication was the Incestuous person censured 2 Cor. 2. The third Shammatha they hold that Enoch instituted it Jude v. 14. And after these who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 put out of the Synagogue were not simply secluded from the Temple but suffered to stand in the Gate c. These who were Excommunicated by the second sort of Excommunication were not permitted to come neer the Temple These who were Excommunicated after the third sort were secluded out of the society of the people of God altogether And thus I have produced fifteen witnesses for the Ecclesiasticall Excommunication of the Jewes I might produce many more but I have made choice of these because all of them have taken more than ordinary paines in searching the Jewish antiquities and divers of them are of greatest note for their skill therein In the next place let us observe the causes degrees manner and rites how the authority by which the ends and effects of excommunication among the Jewes and see whether all these doe not helpe to make their Excommunication a patterne for ours For the causes there were 24 causes for which a man was Excommunicated among the Jewes You may read them in Buxtorfs Lexicon Chald Talmud Rabbin p. 1304 1305. M. Selden de jure nat Gentium lib. 4. cap. 8. Jo. Coch Annot. in Excerp Gem. Sanhedrin cap. 2. pag. 147. divers of these causes did not at all concerne personall or civill injuries for such injuries were not accounted causes of Excommunication but were to be punished otherwise as shall be proved afterward but matters of scandall by which God was dishonoured and the stumbling-blocke of an evill example laid before others One cause was the despising of any of the preceps of the Law of Moses or Statutes of the Scribes Another was the selling of Land to a Gentile Another was a Priest not separating the gifts of the oblation Another he that in captivity doth not iterate or observe the second time a holy day Another he that doth any servile worke upon Easter eve Another he that mentioneth the name of God rashly or by a vaine oath Another he that enduceth or giveth occasion to others to prophane the name of God Another he that makes others to â—ate holy things without the holy Temple Another he that maketh computation of yeeres and moneths without the Land of Israel that is as D r Buxtorf writeth Calendars or as M. Selden computeth yeeres and moneths otherwise than their fathers had done Another he that retardeth or hindreth others from doing the Law and Commandement Another he that maketh the offering prophane as D r Buxtorf or offereth a sickly beast as I. Coch. Another a Sacrificer that doth not shew his Sacrificing Knife before a Wise man or a Rabbi that it may be knowne to be a lawfull Knife and not faulty Another he that cannot be made to know or to learne Another he that having put away his wife doth thereafter converse familiarly with her Another a Wise man that is a Rabbi or Doctor infamous for an evill life The other causes had also matter of scandall in them namely the despising of a Wise man or Rabbi though it were after his death The despising of an Officer or messenger of the house of judgement He that casteth up to his neighbour a servile condition or cals his neighbour servant He that contumaciously refuseth to appeare at the day appointed by the Judge He that doth not submit himselfe to the Judiciall sentence He that hath in his house any hurtfull thing as a mad dogge or a weake leather He that before Heathen Judges beareth witnesse against an Israelite He that maketh the blind to fall He that hath Excommunicate another without cause when he ought not to have been Excommunicate Thus you have the 24 causes of the Jewish Excommunication of which some were meere scandals others of a mixed nature that is partly injuries partly scandals but they were reckoned among the causes of Excommunication qua scandals not qua 〈◊〉 Io. Coch. Annot. in Exc. Gem. Sanhedrin pag. 146 explaining how the wronging of a Doctor of the Law by contumelies was a cause of Excommunication sheweth that the Excommunication was because of the scandall Licet tamen condonare nisi res in praputulo gesta sit Publicum Doctoris ludibrium in legis contemptum redundat 〈◊〉 ob causam Doctor legis honorem 〈◊〉 remittere non potest Ubi res clam sine scandalo gesta est magni animi sapientis est injuriam contemptu vindicare If there was no scandall the injury might be remitted by the party injured so as the offendor was not to be Excommunicate But if the contumely was known abrond and was scandalous though the party wronged were willing and desirous to bury it yet because of the scandall the Law provided that the offender should be excommunicate For they taught the people that he who did contend against a Rabbi did contend against the holy Ghost for which see Gul. Vorstius annot in Maimon de fundam legis pag. 77 78. and hence did they aggravate an Ecclesiasticall or Divine not a Civill injury Whence it appeareth that the causes of Excommunication were formally lookt upon as scandals Adde that if qua injuries then a quatenus ad omne all personall or civill injuries had been causes of Excommunication But all civill injuries doe not fall within these 24. causes If it be objected that neither doe all scandalls fall within these 24. causes I answer they doe for some of the causes are generall and comprehensive namely these two the 5 th He that despiseth the Statutes of the Law of Moses or of the Scribes and the 18 th He that retardeth or hindereth others from doing the Law When I make mention of any particular heads either of the Jewish Discipline or of the ancient Christian discipline let no man understand me as if I intended the like Strictnesse of Discipline in these dayes My meaning is onely to prove Ecclesiasticall censures and an Ecclesiasticall Government And let this be remembred upon all like occasions though it be not everywhere expressed And so much for the causes The degrees of the Jewish excommunication were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Niddui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cherem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Schammata Elias in Tisbite saith plainly
shall not finde councell nor the understanding of the law saith Sanctius Polanus upon the place draweth an Argument against the infallibility of counsels because the law and counsell did perish not onely saith he from the Priests here and there in the Cities but also from the high Priest and the other Priests and Elders who were together at Ierusalem If this Text be rightly applied by him and so it is by other Protestant Writers to prove against Papists that Councels may erre then here was an Ecclesiasticall councell Eightly even without Ierusalem and Iâ—…da there was a Senate or assembly of Elders which did assist the Prophets in overseeing the manners of the people censuring sin and deliberating of the common affairs of the Church This C. Bertramus de polit Jud. c. 16. collecteth from 2 Kings 6. 32. But Elisha sate in his house and the Elders sate with him I know some think that those Elders were the Magistrates of Samaria but this I cannot admit for two reasons 1. Because Iosephus Antiq. lib. 9. cap. 2. cals them Elishaes disciples and from him Hugo Cardinalis Carthusianus and others doe so expound the Text. They are called Elishas Disciples as the Apostles were Christs Disciples by way of Excellency and eminency all the disciples or sonnes of the Prophets were not properly Elders but those onely who were assumed into the Assembly of Elders or called to have a share in the mannaging of the common affaires of the Church 2. Cajetan upon the place gives this reason from the Text it selfe to prove that these Elders were spirituall men as he speaketh because Elisha asketh them See ye how this sonne of a murderer hath sent to take away my head What expectation could there be that they did see a thing then secret and unheard of unlesse they had been men familiar with God Now these Elders were sitting close with Elisha in his house It was not a publike or Church assembly for worship but for counsell deliberation and resolution in some case of difficulty and publike concernment So Tostatus and Sanctius on the place A paralell place there is Ezech. 8. 1. I sate in mine house and the Elders of Iudah sate before me Whether those Elders came to know what God had revealed to the Prophet concerning the state of Iudah and Ierusalem as Lavater upon the place supposeth or for deliberation about some other thing it is nothing like a civill Court but very like an Ecclesiasticall senate Now if such there was out of Ierusalem how much more in Ierusalem where as there came greater store of Ecclesiasticall causes and controversies concerning the sence of the Law to be judged so there was greater store of Ecclesiastical persons â—it for government whatsoever of this kind we finde elsewhere was but a Transsumpt the Archetype was in Ierusalem Ninthly that place Zeâ—…h 7. 1 2 3. helpeth me much The Jews sent Commissioners unto the Temple there to speake unto the Priests which were in the house of the Lord of Hosts and to the Prophets the Chaldee hath and to the Scribes saying Should I weepe in the first moneth c. Here is an Ecclesiasticall assembly which had authority to determine controversies concerning the worship of God Grotius upon the place distinguisheth these Priests and Prophets from the civill Sanhedrin yet he saith they were to be consulted with in controverted cases according to the Law Deut. 17. 9. If so then their sentence was authoritative and binding so far that the man who did presumptuously disobey them was to die the death Deut. 17. 12. Tenthly let it be considered what is that Moshav Zekenim consessus or Cathedra seniorum Psal. 107. 32. for though every argument be not an infâ—llible demonstration yet cuncta juvant let them exalt him also in the Congregation or Church of the people and praise him in the Assembly of the Elders Compare this Text with Psalm 115. 9 10 11. as likewise with Psalm 118. 2 3 4. In all the three Texts there are three sorts of persons distinguished and more especially called upon to glorifie God Oh that men would praise the Lord for his goodnesse saith the Text in hand Psalm 107. 31. for that you have in the other two places Ye that feare the Lord c. for the congregation of the peple you have in the other two places Israel and the house of Israel For the Assembly of the Elders you have in the other Texts the house of Aaron I will not here build any thing upon the observation of Hugo Cardinalis on Psalm 107. 32. that the congregation of the Princes is not mentioned in this businesse because not many mighty not many noble c. One thing I am sure of there were Elders in Israel clearly distinct both from the Princes Judges and civill Magistrates Ios. 23. 2. 2 Kings 10. 1. Ezra 10. 14. Acts 4. 5. and elsewhere And the parallel Texts afore cited doe couple together these Elders and the house of Aaron as Pastors and ruling Elders now are and as the Priests and Elders are found conjoyned elsewhere in the old Testament Exod. 24. 1. Deut. 27. 1. with vers 9. Ezech. 7. 26. Ier. 19. 1. So Matth. 26. 59. The work also of giving thanks for mercies and deliverances obtained by the afflicted and such as have been in distresse the purpose which the Psalmist hath in hand extended also to the deliverances of particular persons is more especially commended to those who are assembled in an Ecclesiasticall capacity Even as now among our selves the civill Courts of Justice or Magistrates and Rulers or Judges assembled by themselves in a politick capacity use not to be desired to give thanks for the delivery of certain persons from a danger at Sea or the like But it were very proper and fit to desire thanks to be returned 1. by those that feare God for as we should desire the prayers so likewise the praises of the Saints 2. By the Church or Congregation of which they that have received the mercy are members 3. By the Eldership yea if therebe occasion by a Synod of Elders who as they ought to watch over the City of God and to stand upon their watch-tower for observing approaching dangers so they ought to take speciall notice of exemplary mercies bestowed upon the afflicted members of the Church and be an ensample to the flocke in giving thanks as well as in other holy duties The eleventh place which seemeth to hold forth unto us an Ecclesiasticall Sanhedrin is Ezech. 13. 9. where its said of the Prophets that did see vanity and Divine lies they shall not be in the assembly of my people neither shall they be written in the writing of the house of Israel neither shall they inter into the Land of Israel Where as Diodati and Grotius observe the speech riseth by degrees 1. they shall not any more be admitted into the assembly or councell to have any voice there as Prophets in those daies had saith
allowed not onely to worship God apart by themselves but also to come into the Church and Congregation of Israel and to be called by the name of Jewes neverthelesse they were resâ—rained and secluded from Dignities Magistracies and preferments in the Jewish Republique and from divers marriages which were free to the Israelites Even as strangers initiated and associated into the Church of Rome have not therefore the priviledge of Roman Citizens Thus M. Selden who hath thereby made it manifest that there was a disâ—iuction of the Jewish Church and Jewish State because those Proselytes being imbodied into the Jewish Church as Church members and having a right to communicate in the holy Ordinances among the rest of the people of God yet were not properly members of the Jewish State nor admitted to Civill priviledges Whence it is also that the names of Jewes and Proselytes were used distinctly Acts 2. 10. CHAP. III. That the Iewes had an Ecclesiasticall Sanhedrin and Government distinct from the Civill I Come to the second point that there was an Ecclesiasticall government and an Ecclesiasticall Sanhedrin among the Jews This distinction of the two Sanhedrins the Civill and the Ecclesiasticall is maintained by Zepperus de polit eccles l. 3. cap. 7. Iunius in Deut. 17. Piscator ibid. Wolphius in 2. Reg. 23. Gerhard Harm de pass cap. 8. Gâ—…dwin Moses and Aaron lib. 5. cap. 1. Bucerus de gubern eccl pag. 61 62. Walaeus Tom. 2. pag. 9. Pelargus in Deut. 17. Sopingius ad bonam fidem Sibrandi pag. 261. et seq The Dutch Annotations on Deut. 17. 2 Chron. 19. Bertramus de polit Jud. cap. 11. Apâ—…llonii jus Majest part 1. p. 374. Strigelius in 2. Paralip cap. 19. The professours of Groning Vide Judicium facult Theol. academiae Groninganae apud Cabeljav def potest Eccl. pag. 54. I remember Raynolds in the Conference with Hart is of the same opinion Also M. Paget in his defence of Church government pag. 41. Besides divers others I shall onely adde the Testimony of Constantinus L'Empereur a man singularly well acquainted with the Jewish antiquities who hath expressed himselfe concerning this point both in his Annotations upon Bertram pag. 389. and Annot. in Cod. Middoth pag. 187 188. The latter of these two passages you have here in the Margin expressing not only his opinion but the ground of it And it is no obscure footstep of the Ecclefiasticall Sanhedrin which is cited out of Elias by D. Buxtorf in his Lexicon Chald. Talmud Rabbin p. 1514. The first institution of an Ecclesiasticall Sanhedrin appeareth to me to be held forth Exod. 24. 1. where God saith to Moses Come up unto the Lord thou and Aaron Nadâ—… and Abihu and seventy of the Elders of Israel It is a controversie among Interpreters who those seventy Elders were Tostatus maketh it cleare that they were not the seventy Elders chosen for the government of the Common-wealth Num 11. Nor yet the Judges chosen by the advice of Iethro Exod. 18. Nor yet any other Judges which had before time Judged the people These three negatives Willet upon the place holdeth with Tostatus Not the first for this was done at Mount Sinai shortly after their comming out of Egypt But on the twenty day of the second moneth in the second yeere they tooke their journey from Sinai to the Wildernesse of Paran Num. 10. 11 12. and there pitched at Hibroth-hattaavath Num. 33. 16. where the seventy Elders were chosen to relieve Moses of the burthen of Government So that this election of seventy Exod. 24. was before that election of seventy Num 11. Not the second for this election of seventy Exod. 24. was before that election of Judges by Iethros advice Exod. 18. Iethro himselfe not having come to Moses till the end of the first yeere or the beginning of the second yeere after the comming out of Egypt and not before the giving of the Law which Tostatus proves by this argunent The Law was given the third day after they came to Sinai but it was impossible that Iethro should in the space of three daies heare that Moses and the people of Israel were in the wildernesse of Sinai and come there unto them that Moses should goe forth and meet him and receive him and entertaine him that Iethro should observe the manner of Moses his government in litigious judgement from morning till evening and give counsell to rectifie it that Moses should take course to helpe it how could all this be done in those three daies which were also appointed for sanctifying the people against the receiving of the Law Therefore he concludeth that the story of Iethro Exod. 18. is an anticipation Lastly he saith the seventy Elders mentioned Exod. 24. could not be Judges who did judge the people before Iethro came because Iethro did observe the whole burthen of government did lie upon Moses alone and there were no other Judges Now it is to be observed that the seventy Elders chosen and called Exod. 24. were also invested with authority in judging controversies wherein Aaron or Hur were to preside vers 14. They are joyned with Aaron Nadad and Abihu and are called up as a Representative of the whole Church when God was making a Covenant with his people T is after the Judiciall lawes Exod. 21. 22. 23. and that 24 Chapter is a transition to the ceremoniall lawes concerning the worship of God and structure of the Tabernacle which are to follow Neither had the seventy Elders of which now I speake any share of the Supreme civill Government to judge hard Civill causes and to receive appeals concerning those things from the inferiour Judges for all this did still lie upon Moses alone Num. 11. 14. Furthermore they saw the glory of the Lord and were admitted to a sacred banquet and to eat of the Sacrifices in his presence Exod. 24. 5 10 11. and were thereby confirmed in their calling All which laid together may seem to amount to no lesse then a solemne interesting and investing of them into an Ecclesiasticall authority The next proofe for the Ecclesiasticall Sanhedâ—in shall be taken from Deut. 17. 8 9 10 11 12. where observe 1. T is agreed upon both by Jewish and Christian Expositors that this place holds forth a supreme civill Court of Judges and the authority of the civill Sanhedrin is mainly grounded on this very Text. Now if this Text hold forth a superior civill Jurisdiction as is universally acknowledged it holds forth also a superior Ecclesiasticall Jurisdiction distinct from the Civill For the Text carrieth the authority and sentence of the Priests as high as the authority and sentence of the Judges and that in a disjunctive way as two powers not one and each of them binding respectively and in its proper sphere 2. The Hebrew Doctors tell us of three kinds of causes which being found difficult were transmitted from the inferiour Courts to those at Ierusalem 1.
your selves in any of these things Of the shedding of bloud defile not therefore the Land wherein ye dwell Wherefore this word uncleannesse or defilement is said of three sorts of things first of a mans qualities and of his transgressions of the Commandements whether theoricall or practicall that is which concerne either Doctrine or his conversation Secondly of externall filthinesse and defilements c. Thirdly of these imaginary things that is the touching or carrying upon the shoulders some uncleane thing c. Adde hereunto the observation of Drusius de tribus sect Judaeor lib. 2. num 82. 83. 84. The Pharisees did account sinners and prophane persons to be uncleane and thought themselves polluted by the company of such persons for which reason also they used to wash when they came from the mercate Though there was a superstition in this Ceremony yet the opinion that prophane persons are uncleane persons and to be avoided for uncleannesse had come from the purest antiquities of the Jewes even from Moses and the Prophets Since therefore both in the old Testament phrase and in the usuall language of the Jewes themselves a scandalous prophane person was called an unclean person it is to me more then probable that where I read none which was uncleane in any thing should enter in it is meant of those that were morally uncleane by a scandalous wicked conversation no lesse yea much more than of those that were onely ceremonially uncleane 3. Especially considering that the Sanctuary was prophaned and polluted by the morall uncleannesse of sinne and by prophane persons their entring into it as is manifest from Lev. 20. 3. Eze. 23. 39. How can it then be imagined that those Priests whose charge it was to keepe back those that were uncleane in any thing would admit and receive such as were not onely unclean persons in the language of Scripture and of the Jewes themselves but were also by expresse Scriptures declared to be defilers or polluters of the Sanctuary 4. It is said of the high Priest Lev 16. 16. and he shall make atonement for the holy place because of the uncleannesse of the children of Israel and because of their transgressions in all their sins or from their uncleannesse and from their transgressions as the Chaldee and the LXX have it the sence is the same and it sheweth that the holy place was made uncleane by the transgressions and sinnes of the children of Israel which uncleannesse of transgression if it were visible publik and notorious then the Priests had failed in admitting such to the holy place 12. Object Throughout the old Testament we read onely of temporall punishments as burning hanging stoning fines stripes and the like but never of Excommunication or any Church censure Neither did the Jewes know the distinction of Lawes Ecclesiasticall and Lawes civill causes Ecclesiasticall and causes civill for the Church of the Jewes was thâ—ir Common-Wealth and their Common-Wealth was their Church and the Government of Church and State among them was one and the same Their civill Lawyers were also Expositors or Doctors of the Law of God Ans. That in the Jewish Church there was an Ecclesiasticall censure or punishment distinct from the civill I have proved in this preceeding booke both from Scripture and from the Jewish antiquities And if there were no more but the sequestration or separation from the Temple or from the passeover for such legall uncleannesse as did not separat a man from his house nor from all company of men even that alone proves a kinde of censure distinct from all civill punishment neither did it belong to the Magistrate or civill Judge but to the Priests to examine judge and determine concerning cleannesse or uncleannesse and consequently concerning admission to or separation from the Temple Passeover and sacrifices That the Jewish Church and the Jewish State were formally distinct see before Chap. 2. Where it hath beene observed that some Proselytes had the full priviledges of the Jewish Church though none of them had the full priviledges of the Jewish common-wealth The like I have read of the Spaniards who admit the Moores or inhabitants of Morisco to turne Christians and receive them into Ecclesiasticall Membership and Communion but by no meanes into their civill liberties That the causes of Excommunication among them were lookt upon as scandalls and not as civill inâ—uries see Chap. 4. This onely I adde that More Nevochim part 2. Chap. 40. doth distinguish civill Lawes from sacred Lawes even among the people of God making the scope of the civill Lawes to be the good safety and prosperity of the Common-wealth the Sacred or Divine Lawes to concerne properly Religion and mens soules He that will compare the civill Lawes and panall Statutes of the Jewes mentioned in Baba Kama with their ceremoniall Lawes concerning the holy Ordinances of God and who should have communion therein who not cannot but looke upon their Church and 〈◊〉 Lawes as formally distinct from their State and civill Lawes Again he that will consider who were the viri synagogae magnae the men of the great synagogue and what their power and acts were as Dr. Buxtorf describeth the same in his Tyberiâ—…t Cap. 10 11. and their authoritative determinations concerning the right writing reading and expounding of the holy Scripture c. must needs acknowledge that it was Senatus ecclesiasticus magnus as Buxtorf cals it and that such power and acts were incompetent to the civill Magistrate As for their Doctors of Law and Scribes they were of the sons of Aaron yet some way diversified in their administrations Scaliger in elench Trihaeres Nic. Serar cap. 11. distinguisheth between the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the former were the wisemen or chief of the Scribes who did interpret the Law and declare the sence of it the latter did attend civill forensicall matters Drusius de tribus sect Jud. lib. 2. cap. 13. noteth from Luke 11. 45. 46. that there was some distinction between the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 between the Scribes and the Lawyers for when Christ had spoken of the Scribes and Pharises then answered one of the Lawyers and said unto him Master thus saying thou reproachest us also And he said Wo unto you also ye Lawyers This will be more plaine by that other distinction observed by Lud. de dieu in Mat. 22. 35. and diverse others between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 between the Scribes of the Law of God who did interpret the Law such as Ezra the Priest and the Scribes of the people who were Actuarii publici publick Notaries or Clerks Whence it appeareth that the Offices of Scribes and Lawyers although the persons themselves were of the Tribe of Levi were so ordered as that civill and sacred affaires might not be confounded Yea the Scriveners or Notaries were of two sorts for besides those which did attend
signification and was a Type of Christ and Communion with him It is worthy of observation that by the Chaldee paraphrase Exod. 12. 43. Any Israelite who was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an apostate might not eate of the Passeover Againe verse 48. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omnis prophanus So the Latine Interpreter of Onkelos And no prophane person shall eate of it The word is used not onely of a Heathen but of any prophane person as Prov. 2. 16. where the Chaldee expresseth the whorish woman though a Jewesse by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It commeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be prophaned è sancto prophanum fieri Surely Onkelos had not thus paraphrased upon Exod. 12. if it had not been the Law of the Jewes that notorious prophane persons should be kept backe from the Passeover The second Book OF THE CHRISTIAN Church-Goverment CHAP. I. Of the Rise Growth Decay and Reviving of Erastianisme DIverse Learned men have to very good purpose discovered the origination occasion first authors fomenters rise and growth of Errors both Popish and others I shall after their example make known briefly what I find concerning the rise and growth the planting and watering of the Erastian Error I cannot say of it that it is honest is parentibus natus it is not borne and descended of honest parents The Father of it is the old Serpent who finding his Kingdom very much impaired weakned and resisted by the vigor of the true Ecclesiastical discipline which separateth between the precious and the vile the holy prophane and so contributeth much to the shaming away of the unfruitful works of darknesse thereupon he hath cunningly gone about to draw men first into a jealousie and then into a dislike of the Ecclesiastical discipline by Gods mercy restored in the Reformed Churches The Mother of it is the enmity of nature against the Kingdom of Iesus Christ which he as Mediator doth exercise in the goverment of the Church Which enmity is naturally in all mens hearts but is unmortified and strongly prevalent in some who have said in their hearts We will not have this man to raigne over us Luke 19. Let us break their bonds asunder and cast away their cords from us Psal. 2. 3. The Midwife which brought this unhappy brood into the light of the world was Thomas Erastus Doctor of Medicine at Heidelberg of whom I shall say no more then what is apparant by his owne Preface to the Reader namely that as he was once of opinion that excommunication is commanded in the Word of God so he came off to the contrary opinion not without a male-contented humour and a resentment of some things which he lookt upon as provocations and personal reflections though its like enough they were not really such but in his apprehensions they were One of these was a publick dispute at Heydelberg in the year 1568. upon certain Theses concerning the necessity of Church Government and the power of Presbyteries to excommunicate Which Theses were exhibited by M. George Withers an Englishman who left England because of the Ceremonies and was at that time made Doctor of Divinity at Heydelberg And the learned dispute had thereupon you may find epitomized as it was taken the day following from the mouth of Dr. Vrsinus in the close of the second part of Dr. Pareus his explication of the Heidelberg Catechisme The Erastian error being borne the breasts which gave it suck were prophanesse and self-interest The sons of Belial were very much for it expecting that the eye of the civil Magistrate shall not be so vigilant over them nor his hand so much against them for a scandalous and dissolute conversation as Church-discipline would be Germanorum bibere est vivere in practice as well as in pronunciation What great marvel if many among them for I do not speak of all did comply with the Erastian Tenent And it is as little to be marvelled at if those whether Magistrates Lawyers or others who conceived themselves to be so far losers as Ecclesiastical Courts were interested in Government and to be greater gainers by the abolition of the Ecclesiastical interest in government were by assed that way Both these you may find among the causes mentioned by Aretius 〈◊〉 probl loc 133. for which there was so much un willingnes to admit the discipline of Excomunication Magistratus jugum non admittuxt timent honoribus licentiam amant c. The Magistrates do not admit a yoke are jealous of their honours love licentiousnesse Vulgus quoque plebs dissolutior major pars corruptissima est c. The Communaltic also and people are more dissolute the greater part is most vicious After that this unlucky child had been nursed upon so bad milk it came at last to eat strong food and that was Arbitrary Government under the name of Royall Prerogative Mr. Iohn Wemys sometime Senator of the Colledge of Justice in Scotland as great a Royalist as any of his time in his book de Regis primatu lib. 1. cap. 7. doth utterly dissent from and argue against the distinction of Civil and Ecclesiasticall lawes and against the Synodical power of censures holding that both the power of making Ecclesiastical lawes and the corrective power to censure Transgressors is proper to the Magistrate The Tutor which bred up the Erastian error was Arminianisme for the Arminians finding their plants pluckt up and their poison antidoted by Classes and Synods thereupon they began to cry down Synodical authority and to appeal to the Magistrates power in things Ecclesiastical hoping for more favour and lesse opposition that way They will have Synods onely to examine dispute discusse to impose nothing under pain of Ecclesiastical censure but to leave all men free to do as they list See their exam cens cap. 25. and Vindic. lib. 2. cap. 6. pag. 131. 133. And for the Magistrate they have endeavoured to make him head of the Church as the Pope was yea so far that they are not ashamed to ascribe unto the Magistrate that Jurisdiction over the Churches Synods and Ecclesiastical proceedings ' which the Pope did formerly usurpe For which see Apollonius in his Ius Majâ—…statis circa sacra But the Erastian Error being thus borne nursed fed and educated did fall into a most deadly decay and consumption the procuring causes whereof were these three First the best and most and in some respect all of the Reformed Churches refused to receive harbour or entertain it and so left it exposed to hunger and cold shame and nakednesse Some harbour it had in Switzerland but that was lookt upon as comming onely through injury of time which could not be helped the Theological and Scriptural principles of the Divines of those Churches being Anti-Erastian and Presbyteriall as I have else-where shewed against Mr. Coleman So that Erastianisme could not get warmth and strength enough no not in Zurick it self Yea Dr. Ursiâ—…us in his Iudicium de
by the Word of God and by the Confessions of Faith of the Reformed Churches doth belong to the Christian Magistrate in matters of Religion Which I do but now touch by the way so far as is necessary to wipe off the aspersion cast upon Presbyterial Government The particulars I refer to Chapter 8. Our sixth Concession is That in extraordinary cases when Church-government doth degenerate into tyranny ambition and avarice and they who have the managing of the Ecclesiastical power make defection and fall into manifest Heresy Impiety or Injustice as under Popery and Prelacy it was for the most part then and in such cases which we pray and hope we shall never see again the Christian Magistrate may and ought to do diverse things in and for Religion and interpose his Authority diverse wayes so as doth not properly belong to his cognizance decision and administration ordinarily and in a Reformed and well constituted Church For extraordinary diseases must have extraordinary remedies More of this before A seventh Concession is this The Civil Sanction added to Church-government and Discipline is a free and voluntary Act of the Magistrate That is Church-government doth not ex 〈◊〉 〈◊〉 necessitate the Magistrate to aid assist or corroborate the same by adding the strength of a Law But the Magistrate is free in this to do or not to do to do more or to do lesse as he will answer to God and his conscience it is a cumulative Act of favour done by the Magistrate My meaning is not that it is free to the Magistrate in genere moris but in genere entis The Magistrate ought to adde the Civil Sanction hic nunc or he ought not to do it It is either a duty or a sin it is not indifferent But my meaning is The Magistrate is free herein from all coaction yea from all necessity and obligation other then ariseth from the Word of God binding his conscience There is no power on Earth Civil or Spiritual to constrain him The Magistrate himself is his own Judge on Earth how far he is to do any cumulative Act of favour to the Church Which takes off that calumny that Presbyterial Government doth force or compel the conscience of the Magistrate I pray God we may never have cause to state the Question otherwise I mean concerning the Magistrate his forbidding what Christ hath commanded or commanding what Christ hath forbidden in which case we must serve Christ and our consciences rather then obey Laws contrary to the Word of God and our Covenant whereas in the other case of the Magistrate his not adding of the Civil Sanction we may both serve Christ and do it without the least appearance of disobedience to the Magistrate Eighthly We grant that Pastors and Elders whether they be considered distributively or collectively in Presbyteries and Synods being Subjects and Members of the Common-wealth ought to be subject and obedient in the Lord to the Magistrate and to the Law of the Land and as in all other duties so in Civil subjection and obedience they ought to be ensamples to the Flock and their trespasses against Law are punishable as much yea more then the trespasses of other Subjects Of this also before Ninthly If the Magistrate be offended at the sentence given or censure inflicted by a Presbytery or a Synod they ought to be ready in all humility and respect to give him an account and reason of such their proceedings and by all means to endeavour the satisfaction of the Magistrate his conscience or otherwise to be warned and rectified if themselves have erred CHAP. IV. Of the agreements and differences between the nature of the Civil and of the Ecclesiastical Powers or Governments HAving now observed what our opposites yeeld to us or we to them I shall for further unfolding of what I plead for or against adde here the chief agreements and differences between the Civil and Ecclesiastical powers so far as I apprehend them They both agree in these things 1. They are both from God both the Magistrate and the Minister is authorized from God both are the Ministers of God and shall give account of their administrations to God 2. Both are tyed to observe the Law and Commandments of God and both have certain directions from the Word of God to guide them in their administration 3. Both Civil Magistrates and Church Officers are Fathers and ought to be honoured and obeyed according to the fifth Commandment Utrumque scilicet dominium saith Luther Tom. 1. fol. 139. both Governments the Civil and the Ecclesiastical do pertain to that Commandment 4 Both Magistracy and Ministery are appointed for the glory of God as Supreme and for the good of men as the subordinate end 5. They are both of them mutually aiding and auxiliary each to other Magistracy strengthens the Ministery and the Ministery strengthens Magistracy 6. They agree in their general kinde they are both Powers and Governments 7. Both of them require singular qualifications eminent gifts and endowments and of both it holds true Quis ad haec idoneus 8. Both of them have degrees of censures and correction according to the degrees of offences 9. Neither the one nor the other may give out sentence against one who is not convict or whose offence is not proved 10. Both of them have a certain kind of Jurisdiction in foro exteriori For though the Ecclesiastical power be spiritual and exercised about such things as belong to the inward man onely yet as Dr. Rivet upon the Decalogue pag. 260. 261. saith truly there is a two-fold power of external jurisdiction which is exercised in foro exteriori one by Church-Censures Excommunication lesser and greater which is not committed to the Magistrate but to Church-Officers Another which is Civil and coercive and that is the Magistrates But Mr. Coleman told us he was perswaded it will trouble the whole World to bound Ecclesiastical and Civil Jurisdiction the one from the other Maledicis pag. 7. Well I have given ten agreements I will now give ten differences The difference between them is great they differ in their causes effects objects adjuncts correlations executions and ultimate terminations 1. In the efficient cause The King of Nations hath instituted the Civil power The King of Saints hath instituted the Ecclesiastical power I mean the most high God possessor of Heaven and Earth who exerciseth Soverainty over the workmanship of his own hands and so over all mankind hath instituted Magistrates to be in his stead as gods upon Earth But Iesus Christ as Mediator and King of the Church whom his Father hath set upon his holy Hill of Zion Psal. 2. 6. to reigne over the House of Jacob for ever Luke 1. 33. who hath the key of the House of David laid upon his shoulder Isa. 22. 22. hath instituted an Ecclesiastical power and goverment in the hands of Church-Officers whom in his name he sendeth forth 2. In the matter Magistracy or Civil
policy and how can it be imagined that mankind multiplying upon the earth should have been without headship superiority order society govenment And what wonder that the law of nature teach all Nations some government Hicrome observeth that nature guideth the very reasonlesse creatures to a kind of Magistracy Eightly If the Scripture hold forth the same derivation or origination of Magistracy in the Christian Magistrate and in the heathen Magistrate then it is not safe to us to hold that the Christian Magistrate holds his office of and under Christ as Mediator But the Scripture doth hold forth the same derivation or origination of Magistracy in the Christian Magistrate and in the Heathen Magistrate Ergo The proposition hath this reason for it because the Heathen Magistrate doth not hold his office of and under Christ as Mediator neither doth Mr. Hussey herein contradict me onely he holds the heathen Magistrate and his Government to be unlawful wherein he is Anabaptistical and is confuted by my first Argument As for the Assumption it is proved from divers Scriptures and namely these Rom. 13. 1. the powers that be are ordained of God which is spoken of heathen Magistrates Dan. 2. 37. Thou O King art a King of Kings for the God of heaven hath given thee a Kingdom Power and Strength and Glory So saith Daniel to Nebuchadnezzar an Idolatrous and heathen King See the like Ier. 27. 6. Isa. 45. 1. God sent his servant the Prophet to anoint Hazael King over Syria 1 Kings 19. 15. Read to this purpose Augustine de civit Dei lib. 5. cap. 21. Where he saith that the same God gave a Kingdom and authority both to the Romans Assyrians Persians Hebrews and that he who gave the Kingdom to the best Emperors gave it also to the worst Emperors yea he that gave it to Constantine a Christian did also give it saith he to Iulian the apostate Tertullian Apol. cap. 30. speaking of the heathen Emperors of that time saith that they were from God à quo sunt secundi post quem primi ante omnes that he who had made them men did also make them Emperors and give them their power Ibid. cap. 33. Ut meritò dixerim noster est magis Caesar ut a nostro Deo constitutus so that I may justly say Caesar is rather ours as being placed by our God saith he speaking to the Pagans in the behalf of Christians Wherefore though there be huge and vast differences between the Christian Magistrate and the heathen Magistrate the former excelling the latter as much as light doth darknesse yet in this point of the derivation and tenure of Magistracy they both are equally interested and the Scripture sheweth no difference as to that point CHAP. VIII Of the Power and Priviledge of the Magistrate in things and causes Ecclesiastical what it is not and what it is THe new notion that the Christian Magistrate is a Church-officer and Magistracy an Ecclesiastical as well as a civil administration calls to mind that of the Wise-man Is there any thing whereof it may be said See this is new it hath been already of old time which was before us Plato in his Politicus a little after the middle of that book tells me that the Kings of Egypt were also Priests and that in many Cities of the Grecians the supream Magistrate had the administration of the holy things Notwithstanding even in this particular there still appeareth some new thing under the Sun For Plato tells me again Epist. 8. that those supreme Magistrates who were Priests might not be present nor joyne in criminall nor capitall judgements lest they being Priests should be defiled If you look after some other President for the union of civil and ecclesiastical Government secular and spirituall administrations in one and the same person or persons perhaps it were not hard to find such presidents as our opposites will be ashamed to owne I am sure Heathens themselves have known the difference between the office of Priests and the office of Magistrates Aristotle de Repub. lib. 4. cap. 15. speaking of Priests saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For this is another thing then civil Magistrates He had said before 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For a civil society hath need of many Rulers but every 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who is made by election or lot is not a civil Magistrate and the first instance he giveth is that of the Priests and so Aristotle would have the Priest to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Ruler but not a civil Magistrate So de Repub. lib. 7. cap. 8. he distingu sheth between the Priests and the Judges in a Citty But to the matter I will here endeavour to make these two things appear 1. That no administration formally and properly Ecclesiasticall and namely the dispencing of Church censures doth belong unto the Magistrate nor may according to the word of God be assumed and exercised by him 2. That Christ hath not made the Magistrate head of the Church to receive appeals properly so called from all Ecclesiasticall Assemblies Touching the first of these it is no other than is held forth in the Irish Articles of Faith famous among Orthodox and Learned men in these Kingdoms which do plainly exclude the Magistrate from the administration of the Word and Sacraments and from the power of the keys of the Kingdom of Heaven It is the unhappinesse of this time that this and other truths formerly out of controversie should be so much stuck at and doubted of by some Now that the corrective part of Church-Government or the censure of scandalous persons in reference to the purging of the Church and keeping pure of the ordinances is no part of the Magistrates office but is a distinct charge belonging of right to Ministers and Elders as it may fully appear by the Arguments brought afterwards to prove a government in the Church distinct from Magistracy which Arguments will necessarily carry the power of Church censures and the administration of the keys of the Kingdom of Heaven into other hands then the Magistrates so I shall here strengthen it by these confirmations First Church-censures must needs be dispensed by Ministers and Elders because they are heterogeneous to Magistracy For first the Magistrate by the power which is in his hand ought to punish any of his Subjects that doe evil and he ought to punish like siâ—s with like punishments But if the power of Church-censures be in the Magistrates hands he cannot walk by that rule For Church-censures are onely for Church-members not for all Subjects 1 Cor. 5. 10. 12. Secondly Church-censures are to be executed in the name of Christ Matth. 18. 20. with vers 17 18. 1 Cor. 5. 4. and this cannot be done in his name by any other but such as have commission from him to bind and loose forgive and retain sins But where is any such commission given to the civil Magistrate Christian more then Heathen Thirdly Church-censures
in genus but the civil and Ecclesiasticall Courts stand not in one line neither are they of one kind and nature they are disparata non subordinata 3. They who receive appeals have also power to 〈◊〉 the sentence else the appeal is in vain But the Magistrate hath no power to execute the Church ceâ—sure nor to shut out of the Church our opposites themselves being Judges It was not therefore without just cause that Augustine did vâ—ry â—uch â—lame the Donatists for their appealing from the Ecclesiâ—stical Assemblies to the Emperors and civil Câ—urts Epist. 48. and Epist. 162. There are two examples alledged from Scripture for appeals from Ecclesiastical to Civil Courts One is the example of Ieremiah Iâ—…r 26. The other is the example of Paul Act. 25. But neither of the two prove the point For 1. Ieremiah was not censured by the Priests with any Spirituall or Ecclesiastical censure of which alone our controversie is but the Priests took him and said to him Thou shalt surely die Jer. 26. 8. 2. Would God that every Christian Magistrate may protect the servants of God from such unjust sentences and persecuting decrees When Ecclesiasticall Courts are made up of bloody persecuters that is an extraordinary evil which must have an extraordinary remedy 3. Neither yet is there any syllable of Ieremiahs appealing from the Priests to the Princes but the Text saith When the Princes of Judah heard these things then they came up c. verse 10. that is The Princes so soon as they understood that the Priests had taken Ieremiah and had said to him Thou shalt surely die verse 8. And being also informed that all the people were gathered together tumultuously and disorderly against the Prophet verse 9. They thought it their duty to rescue the Prophet from the Priests and people that he might be examined and judged by the civil Court he being challenged and accused as one worthy to die As for Pauls Appellation to Caesar. First It is supposed by our opposites that he appealed from the Ecclesiastical Sanhedrin of the Jews which is a great mistake For he appealed from the Judgement-seat of Festus to Caesar that is from an inâ—eriour civil Court to a superiour civil Court which he had just cause to do for though Festus had not yet given forth any sentence against Paul yet he appeals à gravamine and it was a great grievance indeed while as Festus shew'd himself to be a most corrupt Judge who though the Jews could prove none of those things whereof they accused Paul Act. 25. 7. which should have made Festus to acquit and dismisse him yet being willing to do the Jews a pleasure he would have Paul to go to Ierusalem there to be judged before himself verse 9. Now this was all the favour that the Jews had desired of Festus that he would send Paul to Ierusalem they laying wait in the way to kill him vers 3. No appellation here from the Sanhedrin at Ierusalem where he had not as yet compeered to be examined far lesse could he appeal from any sentence of the Sanhedrin The most which can be with any colour alleadged from the Text is that Paul declined to be judged by the Sanhedrin at Ierusalem they not being his competent and proper Judges in that cause I stand at Caesars Iudgement-seat saith he where I ought to be judged meaning that he was accused as worthy of death for sedition and offending against Caesar whereof he ought to be judged onely at Caesars Tribunall not by the Jews who were no Judges of such matters A declinator of a Judge is one thing and Appellation from his Judgement or sentence is another thing But put the case that Paul had indeed appealâ—d from the Sanhedrin at Ierusalem either it was the civil Sanhedrin or the Ecclesiasticall If the civil it is no President for appeals from Ecclesiastical Courts If the Ecclesiastical yet that serveth not for appeals from Ecclesiasticall Courts in Ecclesiasticall causes for it was a capital crime whereof Paul was accused Nay put the case that Paul had at that time appealed from the Ecclesiastical Sanhedrin in an Ecclesiastical cause yet neither could that help our opposites for the government of the Christian Church and the government of the Jewish Church were at that time separate and distinct so that the Ecclesiastical Court which should have judged of any scandall given by Paul if at all he ought to have been censured had been a Christian Synod not a Jewish Sanhedrin And so much of Appeals Of which Question Triglandius Revius and Cabeljavius have peculiarly and fully written Three famous Academies also of Leyden Groening and Utrecht did give their publike testimonies against appeals from Ecclesiastical to civil Courts And the three Professors of Utrecht in their testimony do obtest all Christians that love truth and peace to be cautious and wary of the Arminian poyson lurking in the contrary Tenent See Cabeljav defensio potestatis Ecclesiasticae pag. 60. It is further objected That thus fixing a spirituall jurisdiction in Church-officers we erect two collateral Powers in the Kingdom the Civil and the Ecclesiastical unlesse all Ecclesiastical Courts be subordinate to Magistracy as to a certain head-ship Answ. There is a subordination of Persons here but a co-ordination of powers A subordination of Persons because as the Ministers of the Church are subject to the civil Magistrate they being members of the Common-wealth or Kingdom So the Magistrate is subject to the Ministers of the Church he being a Church-member The former we assert against Papists who say that the Clergy is not subject to the Magistrate The latter we hold against those who make the Magistrate to be the head of the Church Again a co-ordination of powers because as the subjection of the person of the Christian Magistrate to the Pastors and Elders of the Church in things pertaining to God doth not inferre the subordination of the power and office of the Magistrate to the Church-officers So the subjection of Pastors and Elders to the Magistrate in all civil things as other members of the Common-wealth are subject may well consist with the co-ordination of the Ecclesiastical power with the civil And as it is an error in Papists to make the secular power dependant upon and derived from the Ecclesiasticall power So it is an error in others to make the Ecclesiastical power derived from and dependant upon the civil power for the Ecclesiastical power is derived from Christ Ephes. 4. 11. And now while I am expressing my thoughts I am the more confirmed in the same by falling upon the concession of one who is of a different Judgement For he who wrote Ius Regum in opposition to all spiritual authority exercised under any forme of Ecclesiastical Government doth not withstanding acknowledge pag. 16. Both of them the Magistrate and the Minister have their Commission immediatly from God and each of them are subject to the other without any subordination of offices
divinum naturale that is the moral Law or Decalogue as it bindeth all Nations whether Christians or Infidels being the Law of the Creator and King of Nations The Magistrate by his authority may and in duty ought to keep his Subjects within the bounds of external obedience to that Law and punish the external man with external punishments for external trespasses against that Law From this obligation of the Law and subjection to the corrective power of the Magistrate Christian Subjects are no more exempted then Heathen Subjects but father more straitly obliged So that if any such trespasse is committed by Church-Officers or Members the Magistrate hath power and authority to summon examine judge and after just conviction and proof to punish these as well as other men We do therefore abominate the disloyal Papal Tenent that Clergy men are not to be examined and judged by civil but by Ecclesiastical Courts onely even in causes civil and criminal Whereof see Duarenus de Sacr. Eccl. Minist lib. 1. cap. 2. Spelman Concil Britann Tom. 1. pag. 413. I further explane my self by that common distinction that there are two sorts of things that belong to the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things inward and things outward For Church Officers and Church-members do consist as other men of a soul and of a body All things properly belonging to the soul or internal man which here we call things inward are the object of Ecclesiastical power given to Church-officers Pastors and other ruling officers But what belongs to the outward man to the bodies of Church-officers and members which things are outward the judging and managing thereof is in the hand of the Magistrate who ruleth not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those that are without whom the Church judgeth not but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the things outward of the Church Salmasius calls the power of the Magistrate in things Ecclesiastical 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the inward Episcopacy or overseeing Which well agreeth with that which Constantine said to the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You are made Bishops of the inward things of the Church I of the things outward So that he doth not assume their government but distinguisheth his from theirs This external inspection and administration of the Magistrate in reference to Religion is twofold 1. Corrective by externall punishments 2. Auxiliary by externall benefits and adminicles The Magistrate may and ought to be both Custos vindex utriusque Tabulae he ought to preserve both the first and second Table of the holy and good Law of God from being despised and violated and punish by corporal or other temporal punishments such whether Church Officers or Church-members as openly dishonour God by grosse offences either against the first or against the second Table and this he doth as Gods Deputy and Vicegerent subordinate and subservient to that universall dominion which God almighty exerciseth over the children of men But in doing hereof he is also helpfull and usefull to the Kingdom of Christ as Mediator Magistracy being in the respects aforesaid serviceable and profitable as to order the Common-wealth aright so also to purge the Church of scandals to promote the course of the Gospel and the edification of one another But how not perfectly but pro tanto not every way but more suo not intrinsecally but extrinsecally not primarily but secundarily not directly but ex consequenti not sub formalitate scandali sed sub formalitate criminis not under the notion of scandall but of crime The Magistrate in punishing all crimes committed by any in the Church which are contrary to the Law of God in suppressing tumults disorders in protâ—cting the Church from danger harme or molâ—station in putting a hook in the nostrils and a bridle in the mouthes of unruly obstinate and contumacious sinners who vexe the Church and create trouble to the people of God in so doing he doth by consequence and removendo prohibens purge the Church and advance the Kingdom of Christ and the course of the Gospel In the mean while not depriving the Church of her owne intâ—insecall power and Jurisdiction but making it rather more 〈◊〉 by the aid of the secular power And so much of the corrective part of the Magistrates administration The other part of his administration in reference to Religion is auxiliary or assistant to the Church For the Magistrate watcheth over the outward businesse of the Church not onely by troubling those persons and punishing those sins that trouble the Israel of God but by administring such things as are necessary for the well being and comfortable subsistence of the Church and for that end doth convocate Synods pro re nata beside the ordinary and set meetings and presideth therein if he please in externall order though not in the Synodicall debates and resolutions He addeth his civil sanction to the Synodical results if he find nothing therein which may hurt Peace or Justice in the Common-wealth The Magistrate ought also to take care of the maintenance of the Ministery Schooles poor and of good works for necessary uses that Religion and Learning may not want their necessary adminicles Finally He ought to take care that all Churches be provided with an able orthodox and Godly Ministery and Schools with learned and well qualified Teachers such as shall be best approved by those to whom it belongeth to examine and Judge of their qualifications and parts And all these wayes the Magistrate ought to be and the well affected Magistrate hath been and is a nursing Father to the Church of Christ. 2. My second distinction shall be this The Magistrate may and ought not onely to conserve Justice peace and order in the Common-wealth and in the Church as it is in the Common-wealth but also to take speciall care of the conservation of the true Reformed Religion and of the Reformation of it when and wherein it needeth to be reformed imperativè not elicitivè The Magistrate saith Dr. Rivet on the decalogue pag. 262. is neither to administer Word nor Sacraments nor Church discipline c. but he is to take care that all these things be done by those whom God hath called thereunto What ever is properly spiritual belonging to the soul and inward man such as Church-censures and the other particulars before mentioned cannot be actus elicitus of the Magistrate The Magistrate can neither immediatione suppositi nor immediatione virtutis determine controversies of faith ordain Ministers suspend from the Sacraments or excommunicate He can neither doe these things himself nor are they done in the name and authority of the Magistrate or by any Ministeriall power receeived from him but in the name and authority of Jesus Christ and by the power given from Jesus Christ. Yet all these and generally the administration of the keyes of the Kingdom of heaven are actus imperati of the Christian Magistrate and that both antecedenter and consequenter Antecedently