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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	judge_n	king_n	law_n	5,155	5	5.2571	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57976	A peaceable and temperate plea for Pauls presbyterie in Scotland, or, A modest and brotherly dispute of the government of the Church of Scotland wherein our discipline is demonstrated to be the true apostolick way of divine truth, and the arguments on the contrary are friendly dissolved, the grounds of separation and the indepencie [sic] of particular congregations, in defence of ecclesiasticall presbyteries, synods, and assemblies, are examined and tryed / by Samuell Rutherfurd ...	Rutherford, Samuel, 1600?-1661.	1642 (1642)	Wing R2389; ESTC R7368	261,592	504

Master of the art of painting or pourtract-making the art onely is subject to the precepts and principles of art but the person of the painter is subject to the kingly power for the King as Bellarmin saith may forbid the Image-maker to draw obscene and filthy Images or to waste too much gold or silver upon his Images or to sell his images at too deare a price Hence saith he the kingly dignity is not subject to the ecclesiasticall power or to any other power on earth but only to Jesus Christ. I answer the Prelate doth well difference in the art of paintry these two 1. That which is artificiall and is only ruled by art that the King cannot command another thing which is morall as that he sell not his Images too deare and hurt not the common wealth by spending vainly too much gold and silver on his Images and in this the King may make lawes to limit the Painters morall carriage but then he and his fellowes honour not the King who call him judge over all persons and of all causes or in all causes and that without any distinction for when two Shoomakers contend about a point of tanning leather the King is not Judge in that cause because it is a point of art which belongeth to the art not the King Also the right translation of the Bible out of the Hebrew and the Greeke in the vulgar language is a cause meerly ecclesiasticall belonging to the Church Assembly it were hard to make the King being ignorant of these mother languages the Judge of that version as he is made by them Judge in all causes ecclesiasticall howbeit de jure he is a politick Judge even in this judging by a coactive and kingly power howbeit de facto and through ignorance he cannot exercise the kingly power that God hath given him in this act 2. By this comparison the Prelate putteth upon the King ●ut a course peece of country honour O faith he as King I make him above all and subject to no power in Heaven or Earth but immediately to God forsooth so make you the Painter the Shoomaker the Fashioner subject to no power in Heaven and Earth no not to the King but only immediately to God only their persons are subject to the King and so is the person of the King as a Christian man not as a King subject to Pastors who may exhort him and rebuke him when he judgeth unjustly But 3. saith the Prelate The wounded Emperour is subject to his servant the Physitian who cureth him not as Emperour but as a wounded man and that of his owne free-will and not by coaction What meaneth this not by coaction but that a King neither as King neither as a Christian man is subject to Church-discipline to the admonition of Pastors by any ecclesiasticall coaction or any law of God but of the Kings owne free-will Consider how Court-parasites doe dishonour the Lord for if Nathan by Gods commandement was obliged to rebuke David for his adultery and murther and the man of God obliged to cry against Jeroboams Altar and the Seer obliged to reprove King Asa and Jeremiah commanded to speake against the Kings and Princes of the land and if the Kings of Israel and Judah were plagued of God because they would not heare and submit to the Prophets speaking to them in the name of the Lord then the King as a Christian man is subject to the Ecclesiasticall power not of his owne free-will as this flatterer saith but by such Ecclesiasticall coaction as God layeth upon all men whose spirits are subject to Christs kingly power 4. This comparison halteth fowlely In the art of paintry ye may abstract that which is morall from that which is artificiall but in a King as a King there is nothing artificiall or which is to be abstracted from justice and piety for all the acts of kingly authority as kingly are morall acts of justice and of piety in preserving both the Tables of the Law if a King command a stratagem of war that which is meerly artificiall is not from the King as King but from a principle of military art in him as an expert souldier if then the King as King be a morall agent and a preserver of both Tables then as King he is subject to the Ecclesiasticall power 5. Spalato faileth farre in making the end of kingly government a naturall end not life eternall as the end of sayling is the desired harbour and not the kingdome of Heaven which is l●fe eternall nay but if we speake either of the end of the worke or the end of the worker the end of kingly power is a morall end for the end of the worke called finis operis is by Paul said to be that we may lead a quiet and a peaceable life in all godlinesse and honesty and this is de iure also finis operantis the end which the Ring is to intend and so the dignity office acts and end of the King as the King is subordinated to Christs kingly power in Church-discipline and yet he is the most supreme politicke power on earth and in eo genere solo Deo minor and above the Pastors in that kind But doe we joyne with Papists in this 1. Papists say Kings hold their Crownes of the Pope the Church universall virtually We thinke Nero had not his kingdome from Peter nor Domitian and Traian their kingdome from Clemens and Anacletus nor Hadrian from Enaristus and Alexander 2. Innocentius 3d. forbad obedience to Emperours Bonifacius 8● for hatred of King Philip of France forbad to pay tribute to the Emperors the Devill might blush to lay that upon us 3. Was there ever amongst us the like of their 8 generall Councell A Prelate shall not light off his horse nor bow to a King nor shall a King seeke that of a Bishop under the paine of two yeares excommunication 4. Did any of us thinke or write what Bellarmine hath spoken against the Lords anointed If Princes cannot be moved by Church-censures and if the necessity of the Church require the Pope shall free their subiects from obeying them ipsisque principatus abrogabit and shall pull their Princedome from them I say no more of this CHAP. XX. Q. 20. Whether or no the government of the Church of Scotland can be proved by Gods Word to be lawfull 1. ARTICLE Of the Doctrine and worship of the Church of Scotland WE acknowledge the Scriptures of God contained in the Old and New Testament to containe the whole doctrine of faith and good manners our Covenant rejecteth all traditions contrary without and beside the word of God and so it rejecteth all religious observances all humane Ceremonies all religious symbolicall signes all new meanes of worshipping God all Images positive Rites which have any influence in Gods worship as will-worship and impious additions to Gods word Jer. 7. 7. 2 Sam. 7. 7. Deut. 12.

and Pauls Epistles to Collosse Eph●sus Galatia laid an Ecclesiasticall tye upon these Churches that consented not to the writing of these Epistles not onely because the matter is the Canonicke word of God but also the tye was Ecclesiasticall in so farre as the flocke is obliged to heare the Pastor according to that He that heareth you heareth me and he that despiseth you despiseth me Any absent through sicknesse or other distractions from the election of Matthias Acts 1. the seven Deacons Acts 6. and the Elders chosen in every City Acts 14. 23. were tyed to stand to the election of Matthias the seven Deacons and the Elders in every City else no act of the Church were valid where one or two dis-assenteth or where two or three are absent by sicknesse and other distractions insuperable And so here our brethren I beleeve cannot in reason deny but there is a representative Church whose deed tyeth the absents And the reason is cleare that to make a Church-constitution oblige in conscience and ecclesiastically there is not required as an essentiall ingredient of obligation that all and every one who are tyed and obliged be personally present to voyce and consent to the constitution for constitutions tye Ecclesiastically as made by the Church but not as made by all and every one of the Church And the lawfulnesse of Commissioners to represent the case of the Church is cleare in Gods Word as Antioch sent Commissioners to Jerusalem Acts 15. Jerusalem sent Barnabas their Messenger to Antioch 11. 22. But Titus Timotheus Epaphroditus and others were sent by the Churches and to the Churches as Commissioners and Embassadours of the Church of Christ. CHAP. VIII Quest. 8. If our Saviour doth warrant a Church of Elders and Overseers in these words Mat. 18. Tell the Church WE have an argument of weight for a Presbyteriall Church in our Saviours words Mat. 18. 17. If thy brother offending neglect to heare them the Christian witnesses before whom he is convinced of his ●ault tell the Church but if he neglect to heare the Church Let him be to thee as a heathen and a Publicane v. 18. Verily I say to you whatsoever ye bind on earth shall be bound in heaven and whatsoever ye lose on earth shall be loosed in heaven The Septuagint agreeth with Matthew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So Arias Montanus Tremell Beza Pareus Musc●lus Lyra Hug. Cardinalis Caieta● Aquinas It is not much matter that Castalio turneth Tell the Assembly of the Commons Augustine Cyprian Hyeronim and all are against him The scope of these words is not as many beleeve that our Saviour setteth downe a way how to remove private offences done betwixt brother and brother onely 1. Because the words then should not prove the lawfulnesse of excommunicating for publike and scandalous sinnes 2. The scope is as large as binding and loosing on earth and proportionally in heaven But our Saviours ayme is to establish a Church consistory for removing all scandals and offences out of the Church private and publike betwixt brother and brother and betwixt Church and Church Neither is there ground for the foresaid scope because he saith If thy brother offend in the singular number for what if three sixe tenne brethren offend is not this course of our Saviours to be taken if sixe offend sixe Hence it followeth that the Church here signifieth not onely the Eldership of a particular Congregation but it signifieth respectively all Presbyteries and Synods Provinciall Nationall and Oecomenicke for seeing Excommunication and Ecclesiasticall binding and loosing is Christs remedy against all scandals private or publike in Christs kingdome then by a brother by a Synechdoche is meant all that offendeth then if a sister-Church offend a sister-Church or a Provinciall or Nationall Church offend a neighbour sister-Church Christs remedies being Catholike and universall as farre as our diseases goe the course must be to Tell the Church I purpose then first to shew this interpretation to be agreeable to the mind of all Doctors acknowledging one Church of Elders here and next to prove our interpretation Chrysostome Tell the Overseers Augustine Tell the Watchmen Hieron We must tell many So Cyprian so the Councell of Ancyra So Ambrose Ball saith The Aethiopicke Interpreter saith Tell the house of Christians Boderian Tell the house of Judgements All our Divines say this Calvin Beza Pureus Chemnitius Aretius Erasmus Polunus Hemmigius Hyperius Musculus Iunius Piscator Bucanus Rivetus Cartwright Marlorat Dan. Tossun Bu●er The harmony of confess Helvet French English Vrsine Whittaker So Papists Emanuel S● Victor Parisian Doctors Fathers of Basill and Constance Joan Gerson Iac. Almain Simon Vigorius Aquinas Occam What Bilson Downam Sutluvius saith against this is answered by Parker Ant. Waleus and other worthy divines That the Church of Elders is here understood I prove Christ here alludeth to the Synedry and Consistory of the Jewes with which his hearers were well acquainted for he was now speaking to the Jewes who knew his language well and knew these termes Brother witnesses Sunedry Assembly Congregation Heathen Publicane and knew what Church had power to cast out and repute men for Publicanes and sinners For as Beza observeth who would understand Christ here to speake of a Christian Presbytery that has power to excommunicate except we consider that Christ has a respect in this forme of speech to the Iewes Church-policy And Christ in like manner Mat. 5. 22. accomodateth his speech to the forme of the Jewes judicatories For many learned note out of the Talmud that the Jewes had three judicatories noted there 1. The Triumviri judged small matters 2. Their Synedry consisting of twenty three judges more weighty matters and inflicted more weighty punishments and 3. the great Councell of 71. Judges did handle questions about false prophets the High-priest and of other weightiest causes and therefore he sheweth the punishment of an offending brother amongst the Iewes too darkly but these judicatories were well knowne to them And here excommunication is expressed in Jewish tearmes in use at that time Let him be to thee as a heathen that is a stranger from the common wealth of Israel not one of the true Chu●ch but such a one as they called Goijm So Drusius and Beza on this place Now Tell the Church Kahal to those that know the Iewes forme of speech must be Tell the Elders of the Congregation amongst them the multitude no more judged causes then we would thinke him excommunicated who is esteemed one not 〈◊〉 borne of Abraham and so all the whole Church of the Gentiles should be excommunicated So Franc. Iohnson 2. The Church of beleevers convened together is still a Church met together for hearing the Word receiving the Sacraments 1 Cor. 11. 18 19. 1 Cor. 14 19 20 21. In which none are to speake but Pastors and as the Separatists say Prophets and not all private persons but this

are not professed beleevers having saving faith can be any thing but a non-Church and such as is a non-Spouse a non-body of Christ and a non-covenanted people and so wanting all power of the keyes Qu●re If the baptisme of that congregation can be valid baptisme not to be repeated I leave to the consideration of the learned Yea if the Minister be an unbeleever by the former grounds it can be no baptisme But some ●ay it is the baptisme of the Church and so valid suppose the Minister be an unbeliever and so want power I answer the whole congregation may be unbelievers as is the Minister and so yet the baptisme comming from the Church cometh from these who want power and cannot be valid 2. Suppose the congregation be a company of believers yet I see not how by their authority they can make the baptizing of a Pastor wanting all power to be valid for then if the Church should baptize by a Turke or a Woman that baptisme should be valid which no man can say 18. What sort of an Assembly was the meeting Act. 15. if it was a lawfull Synod of sundry particular Churches or an extraordinary meeting the practice whereof doth not oblige us If it was a meere Apostolick meeting obliging as Apostolick and if it oblige us as Apostolick how commeth it that the multitude spake and gave their mind in that which obligeth us as Canonick Scripture For that the multitude spake our brethren collect from v. 12. and how is it that Elders and brethren determine in penning Canonick Scripture Except the first be said there be many doubts here of which the way of independency cannot cleare us Q. 19. How commeth it that the Lords Apostles who were to goe through all the Nations of the world to preach the Gospell doe so often assemble together to consult about the common affairs of the Church and discipline as Act. 1. Act. 2. Act. 4. Act. 6. 4. Act. 8. 14. Act. 11. 1. Act. 13. 1 2 3. Act. 15. Act. 21. 18. Act. 20. Paul and the Elders of Ephesus v. 17 18. 1 Tim. 4. 14. it is questioned seeing these assemblies of many pastors from sundry Churches because the Scriptures saith they were occasioned by the present necessity of ordering things belonging to all the particular Churches if they were only temporary extraordinary and Apostolick meetings which oblige not us to the like practise howbeit there be the like cause of meetings in the Church now as errours and corrupt doctrine in many particular Churches as were Act. 15. the murmurings betwixt Churches as Act. 6. a suspitious practise of a pastor which seemeth to be against Gods law as Peters going in to the uncircumcised Act. 11. 20. Whither or not Paul did not some things as an Apostle as writing of Canonick Scripture working of miracles 2. And some things as a Christian as Phil. 3. 9 10 11 12 13. 3. And some things as an ordinary Elder and Pastor of the Church delivering some persons to Satan 1 Cor. 5. 4. and whither or no is Pauls rod and authority and his power of excommunicating whereof he speaketh 1 Cor. 4. 21. 1 Cor. 5. 4. 2 Cor. 10. 8. common to all believers Our brethren must say it is common to all believers 21. If the power of the keyes be given to all believers a question is 1. If Pastors have no other power of the keyes but that same that believers have seeing the ground of Christs gift is one and the same to wit alike interest in Christ and if alike power of preaching baptizing excommunicating be in Paul and all believers 2. Whither or no the calling of Christ and his Church doth not superadde and conf●rre to him who is made a pastour some farther power of the keyes then h● had before he was cloathed with any such cal●ing seeing to rebuke exhort and comfort one another are d●ties of the law of nat●●e and would oblige all suppose Christ had given the 〈◊〉 of the keyes to none at all wee see not but our brethren must deny that the calling of the Church giveth any other power of the keyes then the believer had before he was called 3. If there be not a greater power of preaching baptizing and binding and loosing in the believers then in pastors seeing believers give the power to pastours and may take it away againe 22. If six believers be excommunicated and that justly clave non errante yet remaining believers it is questioned if they keepe not still the power of the keys they must keepe that power and yet are no members of Christs visible body 23. I desire a place may be produced in all the old or new Testament where a ministeriall or governing Church is taken for a company of only believers This our brethren teach 24. If all authoritative Assemblies for renewing a covenant with God restoring of the worship of God be 1. A part of the paedagogy of the law of Moses and removed by Christ 2. If these Assemblies in the Churches of Christ now be a species of Judaisme This we deny 25. If believers exercising the most eminent acts of ordaining pastors publick censuring depriving and excommunicating pastors publick convincing gain-sayers be not formally hence made by our brethren over-seers watch-men for the soules of Pastors and guides and so Pastors of Pastors We answer affirmatively they are by the former grounds 26. Let the godly and learned consider if the Patrons of independent Churches are not to give obedience to Decrees and Canons of Synods for the necessity of the matter as a brotherly counsell from Gods Word obligeth in conscience the brother to whom the counsell and advise is given howbeit the tye be not authoritative by the power of the keyes and if in that they are not to conforme CHAP. XIX Doubts against Presbyteriall government discussed as about ruling Elders Deacons Widowes the Kings power in things ecclesiasticall Quest. 1. HOw doth Calvin and Cartwright deny that the Apostle speaketh of ruling Elders Tit. 1. and yet Junius and Beza that both a preaching and ruling Elder are there comprehended So the authour of the survey of discipline Answ. A great question anent the latitude of an haire how doth many Formalists make the Prelate an humane creature and some jure humano and yet Land of Canterbury and D. Hall maketh him jure divino 2. An office may be described two wayes 1. Directly and expressely as the Pastor 1 Tim. 3. 2. Indirectly as many things agreeing to the Deacon as that he hold the mystery of saith in a good conscience ●e be sober grave faithfull in all things c. all which are required in the Doctor and Pastor also Quest. 2. How are the ruling Elders 1 Tim. 3. omitted where the officers are named Paul passeth from the Bishop to the Deacon omitting the ruling Elder So is hee omitted Ephesian 3. 11 Philip. 1. 1. it is like they are not of Christs making who are not in Christs rowle

19 20. where the Church had her owne Synods without the consent of a civill Magistrate but we are to repute it a speciall favour of God when the King as a nursing-●ather will countenance Synods with his royall presence God blesse our King 5. Conclusion The Kings royall power in adding his sanction to the ecclesiasticall constitutions and in punishing such as are decreed to be hereticks by the Church is regall and not ministeriall and servile See for this the Con c. Chalced. A●t 16. the Imperiall lawes Cod. l. 1 tit 8. leg 2. Heretic Vocab decret p. 2. caus 23. q. 8. c. 30. crossing Bellar. de pont l. 1. c. 7. So do their owne men goe against Bellarmine in this as Sanderus de clavib David l 2. c. 13. Carerius de potest sum pont l. 2. c. 23 Leo epist. 38. to Martian and Pulcheria and Leo epist. 7. to Theodosius Becanus erreth here with Bellarmine making the King as a servant obliged to adde his sanction civill to ecclesiasticall Canons Becan in opusc exam conc Anglic c. 7. 1. Because the use of the sword at Gods commandement is a kingly act commanded by God and is service done to God not to the Church 2. Neither is the King so to execute the Churches will as he should judge only of the fact and of the assumption yea he is to judge of the law and of the major proposition I or we see not in the Word of God where a Judge is a Judge to punish a fault and is not to know judicially that it is a fault a Judge as a Judge should know such a thing to be heresie and not tak● it upon the word of an Assembly of Church-men Deu. 17. 18 19. he is expresly to reade and know the law and to know and remember the Decree Prov. 31. 5. And the cause which he knoweth not he is to search out Job 29. 16. all which is meant of a knowledge not of private discretion which is required in all private Christians but as I take these places of a knowledge judiciall and authoritative which agreeth to a Judge as a Judge 3. If a Synod erre and decree that man to be an heretick who is sound in the faith the King is not obliged to erre with the Synod and to punish the innocent he is to decree righteous judgement and so the King is to judge of heresie but after a regall and civill way and with a coactive pow●r as the Synod or Church-Assembly is to judge of heresie after an ecclesiastick way and with a spirituall power 2. The King punisheth heresie as it troubleth the Common-w●alth and the Synod as it is scandalous and infectious in the Church Yea and the Christian King ruleth over men as men and also as Christian-m●n he ruleth over them as men with a dominion over their bodies lives and goods by his civill lawes he hath also dominion as King over men as Christians and members of Christs kingdome and Church not over their consc●ences for that is proper only to the father of spirits but he hath a coactive power over all men even Pastors as to cause them do their Christian duties he hath power to compell Church-men in Assemblies to determine truth and to use the keyes right and to preach and use the Sacraments according as Christ hath commanded in his Word and to punish them when they do otherwise What then if the King discerne that to be truth and absolve the man whom the Church-Assembly doth condemne as an heretick who shall judge betwixt them I answer the infallible rule of judging for both is the Word of God which speaketh home unpartially to both if they will heare but certainly the Kings civill kingly coactive power to compell men to doe their duty remaineth the highest and most supream power on Earth in genere potestatis politicae in the kind of politick power and pastors and all men may by this power be compelled to do right as for the abuse of the power it is no part of the power and in this kind the King hath a negative politick and kingly suffrage and voyce in all Church Assemblies no ecclesiasticall constitution hath the force of a law without the politick suffrage of the civill Judge And againe the ecclesiastick power that Christ hath given to his Church remaineth also the most supreme power under Christ in genere potestatis ecclesiasticae and the King is subject to this power The King is not excepted in this He that despiseth you despiseth me and in this whatsoever ye shall binde on earth shall be bound in Heaven and in this whose sinnes ye remit they are remitted and whose sinnes ye retaine they are retained and this ecclesiasticall power being the highest on Earth Pastors may command Kings in the Lord Jer. 1. 10 18 17. to doe their duty by an ecclesiastick power Arminians and Formalists both aske which of the two powers are highest and nearest unto the head Christ whither the kingly power or the ecclesiastick power for two paralell highest powers on earth cannot be I answer by asking which of the two shoulders in a mans body are highest and nearest to the mans head Certainly one of them in a well proportioned body is not higher then another and both are alike neare the head as none of two pole-starrs are nearer to their Zenith and Nadir none of two wheels in a right Chariot are higher then another The Church power saith the Prelate Davenant is highest in teaching and directing the kingly power in commanding and compelling Barclai compareth them to two shoulders under one head Meisner saith one of them is not above another There is no absurdity saith Spalato that in two bodies formally different there should be two heads yea it is necessary The Roman Glosse saith Patricius is the Popes father in things temporall and the Pope is his father in things spirituall as Cusan saith Papists saith Spalat have deleted that out of the Glosse So Berengarius Gelasius Papa Nicolaius the I agree to these words Sciendum quod nec Catholicae fidei nec Christianae contrarium est legi si ad honorem regni sacerdotij Rex pontifici pontifix obediat regi Spalato seemeth against Bellarmine to make up the losses made by Papists in Kings honour while he holdeth that the King his person and as he is a Christian man is subject to Church-power but as King he is subject to none but to Christ from whom immediately he hath his kingly dignity even as saith he when an Emperours servant being a Physitian the Emperour as Emperour is not subject to the Physitian but only the Emperour as he is a wounded man is subject to the art of his owne servant who cureth him and that of the Emperour free-will not by coaction so the Image-maker or he who maketh pourtracts in his art is not subject to the King neither is the King as King