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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

Papists as Vasquez Becanus and others say that neither the Pope nor the Church can adde or devise a new Article of Faith Yet doth Horantius Loco Catholice l. 2. c. 11. fol. 129. teach That Christ hath not taught us all fully in the New Testament but that the holy spirit shall to the end of the world teach other new things as occasion shall require And this he bringeth as an Argument to prove that there must be unwritten Traditions not contained in Scripture even as the Formalists contend for unwritten Positives of Church-Policie 3. Morals of the Law of nature and the Morall Law do more respect occasions of Providence customes Laws and the manners of people they doing so nearly concerne our Morall practise then any Ceremonies of Moses his Law which did shadow out Christ to us and therefore this reason shall prove the just contrary of that for which its alledged for the Morall Law should be rather alterable at the Churches lust then Ceremonials for there be far more occurrences of Providence in regard of which the Laws Morall touching what is Sabbath breaking whether is leading an Ox to the water on the Sabbath a breach of the Sabbath the Jews held the affirmative Christ the negative touching obedience to Superiors Homicide Polygamie Incest Fornication Oppression Lying Equivocating Then there can be occasions to change the Law of sacrificing which clearly did adumbrat Christ who was to be offered as a sacrifice for the sins of the world yea all significant Symbolicall Ceremonies have their spirituall signification independent from all occasions of Providence and depending on the meer will of the Instituter Surplice or white linnen signifieth the Priests holinesse without any regard to time place or nationall customes for Christ might have made an immutable Law touching the Symbolicall and Religious signification and use of Saints-dayes white linnen Crossing and all the rest of humane Ceremonies which should stand to Christs second coming notwithstanding of any occurrences of Providence no lesse then he made an immutable Law touching the Sacramentall obsignation of water in Baptisme and of Bread and Wine in the Lords Supper if it had not been his will never to burden his Churches with such dumb and tooth-lesse mysteries as humane positives 4. The assumption is false for divers Ceremoniall Laws now altered were made without any regard to occasions of Providence and many Doctrinals that are unalterable were made with speciall regard to such occurrences 5. If positives of Policy be alterable because the occasions of such are alterable by God it shall follow that God who hath all revolutions of Providence in his hand must change these Positives and not the Authority of the Church and thus Doctrinals are alterable by God not by men which is now our question for Christ hath given a Commandment Take ye Eat ye Drink ye all of this Yet hath he not tyed us in the time of persecution to conveen in publick and Celebrate the Lords Supper but the Church doth not then change the Law nor liberate us from obedience to a Command given by God but God liberateth us himself Hooker But that which most of all maketh to the clearing of this point is that the Iews who had Laws so particularly determining and so fully instructing them in all affairs what to do were not withstanding continually inured with causes exorbitant and such as their Laws had not provided for and so for one thing which we have left to the order of the Church they had twenty which were undecided by the expresse word of God so that by this reason if we may devise one Law they may devise twenty Before the Fact of the sons of Shelomith there was no Law that did appoint any punishment for blasphemers nor what should be done to the man that gathered sticks on the Sabbath And by this means God instructed them in all things from heaven what to do Shall we against experience think that God must keep the same or a course by Analogy answering thereunto with us as with them Or should we not rather admire the various and harmonious dissimilitude of Gods wayes in guiding his Church from age to age Others would not only have the Church of the Iews a pattern to us but they would as learned Master Prynne with them saith take out of our hand the Apostolick Church that it should be no rule to us for saith he There was no Vniforme Church-government in the Apostles times at the first they had only Apostles and Brethren Acts 1. 13. no Elders or Deacons Their Churches increasing they ordained D●acons Act. 6. And long after the Apostles ordained Elders in every Church after that widowes in some Churches not at all In the primitive times some Congregations had Apostles Acts 4. 11 12. 1 Cor. 12. 4. to 33. Evangelists Prophets workers of miracles Healers c. Other Churches at that time had none of these Officers or Members and all Churches have been deprived of them since those dayes Ans 1. What Hooker saith is that which Bellarmine Sanderus Horantius and all Popists say for their Traditions against the perfection of the word to wit that the word of God for 2373. years between Adam and Moses saith Horantius was not written so Turrianus Bellarmine and the reason is just nothing to say the Jews might devise twenty Laws where we may devise one because the Jews were continually inured with causes exorbitant such as their written Laws had not provided for This must be said which is in question and so is a begging of the controversie that the Iews of their own head and Moses without any speciall word from God or without any pattern shown in the mount might devise what Laws they pleased and might punish the blasphemer and the man that gathered st●cks on the Sabbath and determine without God the matter of the Daughters o● Zelophehad as the Formalists teach that the Church without any word of God or pattern from the word may devise humane Ceremonial Prelats Officers of Gods house shapen in a shop on earth in the Antichrists head and the Kings Court the Surplice the Crosse in Baptisme and the like Now we answer both them and Papists with one answer that it is true there was no written Scripture between Adam and Moses which was some thousands of years Yea nor a long time after till God wrote the Law on Mount Sinai But withall what God spake in visions dreams and apparitions to the Patriarchs was as binding and obliging a pattern interditing men then to adde the visions of their own brain to what he spake from heaven as the written word is to us so that the Iews might neither devise twenty Laws nor any one of their own head without expresse warrant of Gods immediate Tradition which was the same very will and truth of God which Moses committed to writing if then Formalists will assure us of that which Papists could never assure us we shall

he calls David his Prince a bloody murtherer and saith this evill is come on him for rising up against Saul his Master The Magistrate may not punish him with the Sword for railing against the Lords anoynted 2. And if the Magistrate ought not to strike with the sword any Prophet for preaching according to his conscience for that is persecution to this Author how shall the Prophets judge and condemne the Magistrate for those same decrees which he hath given out according to his conscience for this is a persecution with the tongue Mat. 5. 11. Iob 19. 22. and it is one and the same spirituall cause saith this Author 3. The same very Author and the Parliament do reciprocally judge and condemne one another for the Parliament make warre against Papists for drawing the King on their side and causing him make warre against the Lambe and his followers that is against godly Protestants Now suppose Priests and Iesuits preach this to the Queen and other Papists and they according to their conscience make warre against the flock of Christ and the Parliament according to their conscience make warre against them this Author sitteth downe and judgeth and condemneth both sides as bloody persecutors for point of conscience Now though the Author in his Bench with his penne condemneth and judgeth both according to his conscience yet if the Papists or possibly the Parliament had this Author in their fingers might not they reciprocally judge and condemne him I think he cannot deny how justly they should reciprocally judge the Author I cannot say 3. This Author would have a contradiction such as is to make East and West both one that one and the same man both sit in the Bench and stand at the barre that the Church judge the Magistrate and the Magistrate judge the Church But I hope contradictions were no more under the Old Testament to be admitted nor under the New Now in the Old Testament the King might put to death the Prophet who should prophecy blasphemies and again the Prophet might judge the King by denouncing the judgement of the Lord against the King let the Author say how the King both did sit in the Bench and stand at the ba●●e in divers respects I think A●hab might judge and punish Micaiah unjustly for prophecying that he should dye at Ramoth Gilead and Micaiah might in prophecy give out the sentence of death justly against him but here be two contrary sentences the like may fall out in Synodicall constitutions 2. To answer to his reasons 1. It followeth not that in one and the same spirituall respect one and the same person judgeth on the Bench and is judged at the Bar for the Churches judging is in a spirituall respect as the officer ordained may promote the building of Gods House the Magistrates suppressing him is no spirituall respect but as it disturbeth the peace of the State that so unworthy a person is an officer in Gods House and is hurtfull to the Church of God in their edi●icatio● which the Magistrate is to promote not in spirituall but in a civill coactive way by the power of the sword 3. That one judge on the Bench and the same stand at the Barre and be judged at divers and sundry times is not so impossible by farre as to reconcile East and West together A●●●b may judge Naboath to be condemned and stoned for his vineyard to day and immediately after Elias the Prophet may arraigne him before the Barre and tribunall of God to be condemned and adjudged to dye in the portion of Iezreel where the dogs may lick his blood It is true Elias is not properly a judge but a declarer in a propheticall and authoritative way of the judgement of God but this is all the judiciall power which we ascribe to Church or Presbytery and Pastors they are meer Ministers or servants to declare the will and sentence of God When the Minister preacheth wrath against the King for his sins he judgeth the King in a Pastorall and Ministeriall way which is all we contend for in many officers united in a Church way and at that same time the King hath power after that to judge him for preaching treason for ●ound Doctrine if it be found to be treason by the Church and this reciprocation of judging we maintaine as consistent and necessary in Ministers of Gospel and Magistrates But such a distance betweene them as between East and West we see not The Author should have shewne it to us by his owne grounds The Church may excommunicate a Magistrate as a persecutor who cutteth off Idolaters for their conscience yet the godly Magistrate may judge and punish them with the sword for abusing the ordinance of Excommunication so as to excommunicate the godly Magistrate because he doth punish evill doing with the Sword Rom. 13. 4. 4. The Author infers that tumults and bloods do arise from these two But that will not prove these two to be inconsistent and contr●dictorious tumults and blood arise from preaching the Gospel what then Ergo the Gospel is a masse of contradictions ●● followeth not The ●umul●s and blood have their rise from mens lusts who are impatient of the yoak of Christ not from these two powers to judge Ecclesiastically in the Church and to be judged civilly by the Magistrates The Author draweth his instance to the actuall judging of the same thing contradictory wayes for example the Church ordaineth one to be a preacher and this they do Ecclesiastically and the Magistrate actually condemneth the same man civilly as unworthy to be a preacher It is one thing to say that the Church hath power to judge righteously in an Ecclesiasticall way any matter and another that the Christian Magistrate hath power in a civill way to judge righteously the same matter and a ●ar other thing it is to say The Church hath a power Ecclesiastically to judge a matter righteously according to the word and the Magistrate hath power to judge the same matter civilly in a wrong and unjust way the former we say God hath given a power to the Church to ordaine Ecclesiastically Epaphroditus to be a preacher of the Gospel because these graces and gifts are in him that are requisite to be in a faithfull preacher and God hath also given a power to the Christian Magistrate to adde his civill sanction to the ordination and calling of the same Epaphroditus But we do not teach that God hath given to the Church a power to call Epaphroditus to the Ministery in an Ecclesiasticall way and that God hath given a power to the Christian Magistrate to anull this lawfull ordination of Epaphroditus Now the Author putteth such a supposition that Church and Magistrate have two lawfull powers toward contrary acts the one of them a power to give out a just sentence the other a power to give out an unjust sentence in one and the same cause which we teach not God gave to none either in Church

the Lord v. 13. Now whereas Erastus putteth a note of ignorance on all that hath been versed in the Old Testament before him whereas he confesseth he understandeth not the Originall Language let the Reader judge what arrogance is here where ever there is mention saith he of judgement there is signified not religious causes but also other causes especially the cause of the widow and Orphane It bewrayeth great ignorance For 1. The matters of the Lord and the matters of the King are so evidently distinguished and opposed the one to the other by two divers presidents in the different judicatures the one Ecclesiasticall Amaziah the chiefe Priest in every word or matter of the Lord and the other Zebadiah the sonne of Ishmael the ruler of the house of Iudah for all the Kings matters that the very words of the Text say that of Erastus which he saith of others that he is not versed in the Scripture for then the causes of the Lord and the causes of the King in the Text by Erastus should be the same causes whereas the Spirit of God doth distinguish them most evidently 2. If the cause of the King were all one with the judgement of the Lord and the cause of the Lord yea if it were all one with all causes whatsoever either civill or Ecclesiasticall what reason was there they should be distinguished in the Text and that Amaziah should not be over the people in the Kings matters though he were the chiefe Priest and Zebadiah though a civill Iudge over all the matters of the Lord and causes Ecclesiasticall 3. The Kings matters are the causes of the widow and orphan and oppressed as is evident Ier. 22. 2. O King of Iudah v. 3. execute yee judgement and righteousnesse and deliver the spoiled out of the hand of the oppressor and doe no wrong doe no violence to the stranger the fatherlesse nor the widdow so Esa 1. 10. 17. Prov. 31. 4 5. Iob 29. 12 13 c. Then the Text must beare that every matter of the King is the Iudgement of the Lord and the matter of the Lord and every matter and judgement of the Lord is also the matter of the King and to be judged by the King then must the King as well as the Priest judge between the clean and the unclean and give sentence who shall be put out of the Campe and not enter into the Congregation of the Lord no lesse then the Priests Let Erastus and all his see to this and then must the Priests also releeve the fatherlesse and widdow and put to death the oppressour 2. The different presidents in the judicatures maketh them different judicatures 3. It is denied that all causes whatsoever came before the Ecclesiasticall Synedry at Jerusalem Erastus doth say this but not prove it for the place 2 Chron. 19. doth clearly expound the place Deut. 17. for the causes of the brethren that dwell in the Cities between Blood and Blood between Law and Commandement Statutes and judgements are judged in the Ecclesiasticall Synedrim at Ierusalem not in a civill coactive way by the power of the sword 1. Because all causes are by a coactive power judged as the matters of the King the supream sword bearer 2 Chron. 19. 5. v. 13. Rom. 13 4. to eschew oppression and maintain justice Ier. 22. 2 3. But the causes here judged in this Synedrim are judged in another reduplication as the matters of the Lord differenced from the matters of the King 2 Chron. 19. 13. now if the Priests and Levites judged in the same judicature these same civill causes and the same way by the power of the sword as Magistrates as Erastus saith why is there in the Text 1. Two judicatures one v. 5. in all the fenced cities another at Ierusalem v. 8 2. What meaneth this that the Kings matters are judged in the civill judicature not by the Priests and Levites as Erastus saith for the Ruler of the house of Iudah was president in these and the matters of the Lord were judged by the Priests and Levites and Amariah the chiefe Priest was over them for then Amariah was as well over the Kings matters as the Ruler of the house of Iudah and the Ruler of the house of Iudah over the Lords matters as over the Kings for if Priests and Levites judged as the Deputies subordinate to the King and by the power of the sword the Kings matters are the Lords matters and the Lords matters the Kings matters and Amariah judgeth not as chiefe Priests as he doth burne incense but as an other judge this truly is to turne the Text upside downe 2. The causes judged in the Synedrim at Ierusalem are said to be judged as controversies when they returned to Ierusalem 2 Chr. 19. 8. and matters too hard between plea and plea between blood and blood between stroke and stroke Deut. 17. 8. and so doubts of Law and cases of conscience Now Mal. 2. 7. The Priests lips should preserve knowledge and they should seek the Law at his mouth for he is the messenger of the Lord of hostes and this way only the Priests and Levites judged not that they inflicted death on any but they resolved in an Ecclesiasticall way the consciences of the judges of the fenced Cities what was a breach of the Law of God Morall or Judiciall what not what deserved Church censures what not who were clean who unclean and all these are called the judgement of the Lord the matters of the Lord because they had so near relation to the soul and conscience as the conscience is under a divine Law 3. Erastus saith it is knowen that the Levites only were Magistrates in the Cities of refuge but I deny it Erastus should have made it knowen to us from some Scripture I finde no ground for it in Scripture Erastus It is true that Beza saith that the Magistrate hath a supream power to cause every man do his duty But how hath he that supream power if he be also subject to the Presbyters for your Presbyters do subject the Magistrate to them and compell him to obey them and punish them if they disobey Ans The Magistrate even King David leaveth not off to be supream because Nathan commandeth him in the Lord nor the King of Niniveh and his Nobles leave not off to command as Magistrates though Jonah by the word of the Lord bring them to lie in sackcloth and to Fast all the Kings are subject to the rebukes and threatnings of the Prophets Isa 1. 10. Jer. 22. 2 3. Ier. 1. 18. 2 Kin. 12. 8 9. 10 11 12. 1 Kin. 21. 21 22 23. Isa 30. 33. Hos 5. 1 2. and to their commandments in the Lord If Presbyters do command as Ministers of Christ the highest powers on earth if they have souls must submit their consciences to the Lords rebukings threatnings and Commandment in their mouth Court Sycophants say the contrary but we care not 2. But they punish the