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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

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the dead body of any man shall be unclean seven dayes 16. He that toucheth one that is slaine with the sword in the open field is uncleane 22. Whatsoever the uncleane person toucheth shall be uncleane So Paul Tit. 1. 15. To them that are defiled and unbeleeving nothing is pure but even their minde and conscience is defiled 2. The Prophets expound it so Ezek. 36. 25. Then will I sprinkle clean water upon you and yee shall be clean From all your filthinesse and all your Idols will I cleanse you Hath he not a cleare reference to the water of Separation Num. 19. With this water the unclean person and his clothes were washed yea the Tents and the Vessels ver 17 21. According to which saith Paul 2 Cor. 7. 1. Having therefore these promises dearly beloved let us cleanse our selves from all filthinesse of the flesh and spirit Here a cleare Allusion to Ceremoniall filthines bodily and of the flesh and of Tents and Vessels Heb. 10. 22. To both these washings there is a reference Let us draw neere having our hearts sprinkled from an evill conscience and our bodies washed with pure water And Heb. 9. 13. If the blood of buls and goates and the ashes of an heifer mingled with running water Num. 19. 17. which purged vessels that were but capable of Ceremoniall uncleannesse sprinkling the unclean sanctifieth to the purifying of the flesh 14. How much more shall the bloud of Christ purge your conscience from dead works It is cleare also that the unclean were separated and the Leper put out of the campe so as the children of Israel might not touch any thing Ceremonially unclean and all uncleane persons were put out of the Congregation Hence the Hypocrites word alluding to that separation Esa 64. 5. Stand by thy selfe come not neere to me for I am holier then thou So was Miriam removed and leprous King Vzziah out of the Congregation of the Lord. Erastus We deny that the Ceremoniall uncleannes signified the wickednes of conversation so that it can be proved that both these uncleannesses were punished with the same punishment 1. Because many against their will were polluted legally as the night pollutions the diseases monethly of women when they were necessitated to be with Children Parents Wife brethren when they died sometimes they touched unclean things ignorantly but no man lives wickedly against his will 2. God could not forbid in every time and place the touching of the dead onely God commanded the polluted to be purified according to the Law God vvould have his people neere their dying friends but God never gave leave to any to live vvickedly 3. A holy man not sinning in his thought remaining holy might be legally unclean vvithout either his vvill or knovvledge by touching some uncleane thing that he knevv not to be unclean But a vvicked man doth not at one time both doe vvickedly and remaine pure and holy Ans All this is a meere cavilling at the wisedome of God in making such Ceremoniall lawes and such punishments against the transgressors of them as the wise Law-giver of his free-will thought fit because these Lawes seeme ridiculous But the foolishnes of God is wiser then men 1. We say not that the punishment of legall and morall uncleannesse is all one every way and alwayes it is enough for our purpose that God will have those who are legally uncleane separated from holy things while they bee purified and little sinne and guiltinesse seeme to bee in legall uncleannesse as when bodily Leprosie came on persons against their will yet when God will have them punished with being removed from the people of God from the Sanctuary and the holy things this could not be for it selfe for as Paul saith Doth God take care of Oxen So we doth God hate bodily diseases which are his owne just actions not our sinfull doings since I say God hateth them not and putteth not punishment on them for themselves therefore it must be to signifie what detestation and punishment the Lord our God would have his Church to put upon morall wickednesse So we thinke Erastus might have spared paper and paines in proving a difference which no Divine denieth between Ceremoniall and Morall uncleannesse and the punishment of the one and of the other for it can never prove his conclusion Ergo Separation for legall uncleannesse cannot typifie separation for Morall uncleannesse I could give eight and twenty differences between Isaac and Christ as Erastus giveth seventeen or eighteen between Legall and Morall uncleannesse and the punishment of both But I hope that should never conclude against the Holy Ghost Heb. 11. 17 18 19. Gal. 4. 28 29 30. Rom. 9. 9. that Isaac was not a type of Iesus Christ 2. Night pollutions are not altogether against our will they are sinfull pollutions except concupiscence and lustfull habituall day lusts the cause of them be not sinfull pollutions yea and forbidden in the seventh Commandement 3. These pollutions Legall caused by invincible ignorance were types or symbolicall signes of our originall iniquity and give me leave to doubt if all actuall touching of things unclean was no Morall sinfulnesse I conceive the Iewes as the Christians also were obliged to walk 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ephes 5. 15. and were to take heed to the outer-man that they should come neere no uncleane thing in some cases leprosie and other legall uncleannes came on them without either will or knowledge 4. If the standing beside the dying friends be all one with touching the dead I remit to the principles of Physicke and if the touching of any dead be excepted in the Law Ceremoniall let the learned judge All the other differences assigned by Erastus I leave as not concludent against us they tend all either to blame God who should punish some legall uncleannes that is altogether against the will of man with any punishment at all as the three first differences insinuate Or 2. that God punished some Legall uncleannes more severely then homicide and Morall uncleannes as the 5. difference doth insinuate and the 4. difference And this is to challenge God to whom I desire to ascribe a Soveraignty both in punishing or pardoning as he thinketh good Or in punishing more severely or more mildely these same sinnes or in punishing greater sins with lighter punishment and with a heavier rod lighter sinnes Erastus Any legally unclean was debarred from the Temple the difference was onely in the time but you debarre not all wicked men from the Supper Ans The most that were legally unclean were also morally unclean in that they willingly transgressed a known Law Ergo Legall uncleannes was also Morall uncleannes 2. Though we debar not all wicked men but onely the scandalous yet we have in readinesse vengeance against all and so against latent disobedience which is a high censure in debarring hypocrites from heaven and we conceive Legall uncleannes as the monthly diseases of women night pollutions want of
glory on every Assembly on Mount Zion for we are witnesses of Your Honours Travels for both that glory may dwell in our Land Your Honours at all respective observance in the Lord S. R. To the Ingenuous and Equitable Reader IT lieth obvious to any ordinary underderstanding worthy Reader that as alwayes we see a little portion of God so now the Lord our God in his acting on Kingdoms and Churches maketh Darknesse his Pavilion to finde out the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Demonstrative Causes and true Principles of such bloody conclusions and horrible vastations as the Soveraign Majesty of Heaven and Earth hath made in Germany Bohemiah and the Palatinate as if they were greater sinners then we are and why the windows of Divine Justice have been opened to send down such a deluge of blood on Ireland and why in Scotland the Pestilence hath destroyed in the City and the Sword of the Lord not a few in the fields their Lovers and Friends standing aloof from their calamities is from the Lord who is wonderful in Counsel but to finde reasons to quiet the understanding is not an easie scrutiny matters are rolled on invisible wheels It is enough to us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 no Men no Angels can hunt out the tracings of Divine Providence Nor can we set a day of Law nor erect a Court to implead this Lord who is not holden in Law to answer for any of his matters It were our wisdom to acknowledge that the actions of our Lord ad extrà are so twisted and interwoven thred over thred that we can see but little of the walls and out-works of his unsearchable counsels sure Divine Providence hath now many irons in one fire and with one touch of his finger he stirt●●h all the wheels in Heaven and Earth I speak this if happily this little piece may cast it self in the eye of the Noble and Celebrious Judges and Senators who now sit at the ●e●m for I hope they consider it is but a short and sorry Line or rather a poor Circle Job 1. 21. Gen. 3. 19. between the Womb and the Grave between Dust and Dust and that they then act most like themselves Psal 82. 6. I have said ye are Gods when they remember they are sinful men and when they reckon it for gain that the King of Ages gives them a Diurnal of 24 hours to build the House of the Lord to cause the heart of a Widow Church though her Husband live for evermore to sing for joy and are eyes to the blinde and legs to the lame and withall do minde that when the Spirit is within half a Cubit or the sixth part of a Span to Eternity and Death cannot adjou●n for six hours to repent or do any more service to Christ in the body the welcom and testimony of God shall be incomparably above the Hosanna's of men Undeniable it is that we destroy again what we have builded if we behead the Pope and divest him of his Vicarious Supremacy and soader the Man of Sins head in the Ecclesiastical Government to the shoulders of any Man or Society of men on Earth It is not an enriching spoyl to pluck a Rose or Flower from the Crown of the Prince of the Kings of the Earth Diamonds and Rubi●s picked out of the Royal Diadem of Jesus Christ addeth but a poor and sorry Lustre to Earthly Supremacy it is Baldnesse in stea● of Beauty An Arbitrary power in any whether in Prince or ● relats is intolerable Now to cast ou● Domination in one and to take it in in another is not to put away the Evil of our doings but to Barter and Exchange one sin with another and mockingly to expiate the Obligation of one Arrear to God by contracting new Debt Again how glorious is it that Shields of the Earth lay all their Royalty and Power level with the dust before him that sitteth on the Throne and to make their Highnesse but a Scaffold to heighten the Throne of the Son of God Yea if Domination by the Sword be the Magistrates Birth-right as the Word of Truth teacheth us Luke 22. 25 26. Psal 82. 1 6. Rom. 13. 4. and the Sword can never draw blood of the Conscience It is evident that the Lord Jesus alloweth not Carnal weapons to be used within the walls of his Spiritual Kingdom and if Power be an enchanting Witch and like strong Drink which is dolosus luctator a cosening Wrestler we are to be the more cautelous and circumspect that it incroach not upon Jesus Christ for fear that we provoke the eyes of his glory and cause Jerusalem to be plowed and Zion become heaps and many houses great and fair desolate Let the Appeal be to the Spirit that speaketh to the Churches in the Word The Golden Reed can measure every Cubit of the Temple as well the outer Porch as the Holy of Holiest and all the dimensions the length and bredth of the City which is named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Lord is there If the Scripture be no Rule of Church Government but the Magistrates Sword be upon the shoulders of Christ as the prime Magistrate we come too near to the Jewish Earthly and Temporary Mes●iah And if Excommunication and Censures and that Ministerial Governing which was undeniably in the Apostolick Church be Fictions we are in the dark I confesse we know not whether the Vessels of the House should be of Gold and Silver or if they should be but Earthen Pitchers It is said That all this is but a Plea for a Dominion of an higher Nature even over the Consciences of men by Censures But why a Dominion Because a power of Censures Surely if they were not Spiritual Censures and such as hath influence on the Conscience we should yield a Domination were the businesse But this power of Censuring Spiritually is as strong as Authoritative in Dispensing Rebukes Threats Gospel-charges and Commands in the Word Preached as in Censures The power is Ministerial only in the Word not Lordly and why should it be deemed a Dominion and an Arbitrary power in the one and not in the other If the will of the Magistrate may carve out any Government that seems good to him and the Word of God in this plea be laid aside as perfect in Doctrine but imperfect and uselesse in Government we fall from the Cause But if the Word of God stand as a Rule in matters of Church-Government then the Question is only on whose shoulders the Ark should be carried and by whose Ministery doth Jesus the Lord and King of the House punish if I may use this word Scandalous men And whether doth the Head of the Church Christ in laying Judgement to the Line and Righteousnesse to the Plummet use the Magistrates Sword for a Spiritual and Supernatural end of the Service and Ministery of his Church or doth he send Pastors and Teachers as his Ambassadors for this end But if you were not
of sincere obedience to lawfull authority as well as we conceited good probably included in the very obiect of the action he that doth that which in his private opinion he suspecteth to be evil because injoyned by lawfull authority doth not evil that good may come of it seeing the goodnesse of obedience is no consequent of the action but a motive precedent authority maketh actions indifferent to be good and necessary Ans He beggeth the question The goodnesse of sincere obedience to authority saith he may countervail the evil that we in our private choice fear to be in the action But first obedience to authority in things wanting Gods word whereof he speaketh now is not obedience but sinning because doing without faith 2. I take the Doctor at his word refusing obedience to mens will-worship or to practise even to the ruin of the weak things indifferent for fear of the greatest evil the offending of God by adding to his worship Rev. 22. 18 19. is obedience to God and not a privation the purpose I say of this obedience to God may countervail all evil that can be imagined in non-obedience to men and sure obedience to God though probably obedience is as good and better then obedience to men though probably obedience Jesuites and Formalists say Rulers are in possession to command Ergo We cannot thrust them out of possession where we are not perswaded that they command against reason saith Sanches So I say God is in just possession commanding us to venture upon no indifferent action where the conscience doubteth and shall we not no lesse contend for Gods just possession as time-servers do for mortall Rulers unjust possession in this 2. I prove that it were Lawfull then to sin against God A Iew is alike perswaded that Maries Son i● the true Messiah and that he is a deceiver Opinions about a man might seem indifferent to the Iews And it is all one saith Jackson as if the thing be indifferent Now the Pharisees in a Councell determine that Maries Son is a deceiver Then it is lawfull for the Jew upon purpose of sincere obedience to Pharisees who sit in Moses chair to believe that Maries son is a deceiver because the conceit of sincere obedience is an essentiall motive to transubstantiate unbelief into sincere obedience and the Iew may venture upon the faith that Maries Son is a deceiver and crucifie the Lord of glory being commanded thereunto by his Commanders because Gods providence favoureth more positive actions then privations 3. He saith He that obeyeth for the sole authority of Rulers doth not evil that good may come of it 1. Because the goodnesse of obedience countervaileth the evil of the actions But 1 The question is if it be obedience Ergo If it be no obedience it cannot countervail the evil 2. If it be the evil of sin with a doubting conscience to do what judges commandeth having no warrant of faith but the will and lust of men no purpose of good though it were to save all the world can counter-redeem the evil of sin against God 2. Because saith he such a one doth not evil that good may come of it Then he that stealeth moneys to give to the poor doth not evil that good may come of it by Dr. Jacksons reason Because the goodnesse of purposing to help the poor is not a consequent but a precedent motive of the action and so maketh it good We all know the intention of the end goeth in the intention before the action but not as an essentiall cause to make an evil action good or make an indifferent action necessary and honest A good intention doth make a good action good and better but that a good intention as Idolators are full of good intentions can never so season the means as this Doctor saith that it can make evil to be good Vasquez condemneth the Fathers of ignorance because they said Propositum bonum excusat malum opus so Cassianus said It was lawfull to lie for a good end and Chrysosto● and Ambrose said the same as Vasquez saith see Aquinas for this 3. It is the doctrine of the man of sin That Pope or Rulers sole and bare authority can make an action indifferent and so neither good nor evil to be indifferent and good as Bellarmine saith for God only by his institution createth morall goodnesse in actions mans will is no creatrix of goodnesse 4. Neither resolutions nor skill are to be credited or followed because private or publick because authority of man as such is no light nor warrant to the conscience to adventure upon moral actions and the Lord giveth light to private men to obey Psal 25. 8 9. 1 Cor. 2. 14 15. Ioh. 7. 17 ●8 Ioh. 7. 27. 2 Cor 3. 18. 2 Cor. 4. 4. As he doth to Rulers to Command So Sylvester Tartaretus so Rivetus Doctot Field I proceed to answer other Arguments As 1. We must not obey Not only for wrath but for conscience the violation of a speciall Law necessarily draweth with it the violation of the generall Law of the fift Commandment But the violation of the generall saith Learned Pareus hurteth the Conscience and the Magistrate punisheth not for generall Violation but for the Violation of this speciall Law Ergo this speciall Law obligeth in Conscience And it seemeth to carry reason Every just punishment presupposeth essentially a sin else it is not a just punishment but the Ruler doth justly punish the particular Transgression of an humane Law Ergo the Transgression of a particular Law of Rulers is sin The Proposition is confirmed by grave School-men Soto Sylvester and Ioan Eselius Who thinke that there cannot be a Law obliging to a punishment and not to a fault because punishment hath an intrinsecall relation to a sin nor can it be a just punishment that is not proportioned to a sin for the Law saith That cometh not under damage which cometh not under fault Ans Though the Violation of the generall Law hurteth the Conscience it being against the fifth Commandment it followeth not that the Violation of every particular Law even that that is meerly Positive hurteth the Conscience before God For then the carrying of Armour in the Night Suppose no Ruler on earth make a Law there anent should be a sin before God which no wise man can say 2. The other reason is more important and draweth with it that School-question agitated by Iurists also and Ganonists An ulla detur lox pure paenalis If there be a Law purely Penall without sin in it And if the Law of Rulers in things meerly Positive be meerly Penall and co-active and not formally obliging to sin But I Answer Rulers do justly punish the Transgression of a Positive Law not as particularly humane and Positive But as 1. It hath connexion with the Morall Reason of the Law 2. As the particular transgression is scandalous
himselfe also in and through Pastors as his servants as Erastus teacheth then he must consent that they threaten and rebuke himselfe 2. The proposition is false it is presumed all the subjects do consent to lawfull penall Lawes against sorcery murther incest in the generall and virtually that they shall be put in execution against themselves yet the Sorcerer will never formally consent that he himselfe be put to death though he once as a subject consented to the Law that all Sorcerers be put to death For when the penall Law against sorcery was enacted he consented to this 3. He whose consent accumulative is requisite that scandalous offenders in generall be Excommunicated but not that this or this man possibly the Magistrate himselfe he is not to be Excommunicated is most false he whose consent negative is requisite for Excommunication he is not to be Excommunicated himself the proposition is true But I assume the Magistrates consent negative is requisite to Excommunication there is nothing more false For shall that which the Church bindeth on earth not be bound in heaven except the King the Iustice or Master Constable say Amen to it on earth We say not that the Magistrates consent as a Magistrate is requisite for the Excommunicating of himselfe For though as a Magistrate he ought to give his consent to Excommucate all offenders and adde his civill sanction as one of the seven wise men of Greece said Patere legem quam ipse tuleris Yet he is not Excommunicated as a Magistrate except with Kata-baptists you condemne the Office of Magistracie as an unlawfull Ordinance but as a scandalous man 3. The old penances as they do us that service to make good that Excommunication was in the ancient Church and that Erastus wanteth the authority of the Fathers and upon his ingenuity should have been ashamed to cite them for his way so we condemne them as introductory to Popery but let Erastus forme an Argument from this and logick shall his●e at it That which bringeth in old satisfactions and penance is not to be holden But Excommunication or the Excommunicating of Magistrates doth this Ergo The assumption must be proved Erastus It hath no more truth which you say that the Magistrate while he punisheth cureth not the conscience for God calleth many by tribulations to himselfe and farre more then by your Excommunication Ans I would Erastus had drawen up an Argument which seldome he doth for this it must be That which is a saving mean to gaine scandalous offenders to Iesus Christ and better then Excommunication is an Ordinance of God and the other no Ordinance But the Magistrates punishing with the sword the scandalous offenders is a saving meane to gaine scandalous offenders and better then Excommunication Ergo Ans Neither Major nor Minor proposition hath any truth at all 1. Though the Magistrates sword were a better meane to gain souls it followeth not that Excommunication is no mean The Law is lesse powerfull for gaining souls The Gospel more powerfull But the Law is not for that no Ordinance of God 2. Erastus his reason to prove that the Magistrates punishing cureth the conscience as a saving Ordinance no lesse then Excommunication must be this That by which God calleth and draweth many to himselfe is a saving mean to cure the conscience but by the Magistrates punishing of scandalous men God doth this as by other tribulations The proposition must be a propositio per se That by the Magistrates heading and hanging scourging and imprisoning of themselves as kindly and intrinsecally saving means such as rebukes promises commands excommunication are the Lord calleth men and converteth them that is false God no more useth the Sword of the Magistrate as a kindly mean of gaining souls then the sword of an oppressing Tyrant so Nebuchadnezzars oppressing of the Church of God and the Assyrians unjust wasting of the people of Israel shall be kindly means of gaining of souls because God blessed the rod to many to humble their uncircumcised heart but this is accidentall to and beside the nature of the rod but it is not accidentall to rebuking threatning promises to the preaching of the Gospel nor to Excommunication to save souls and gaine them to Christ The Gospel and all the parts of it are kindly and of themselves the power of God to salvation The Magistrates sword to Erastus must be the power of God to salvation and Christ Matth. 18. in his order of gaining an offending brothers soul by this reason must descend not ascend contrary to the order of Christ for Christ maketh the rebuking between brother and brother to be the first step of gaining an offender to Christ 2. The rebuking before two or three 3. Before the Church 4. Excommunication Now all these are spirituall means and more efficacious the second then the first the third then the second the fourth then any of them But Erastus maketh Christ in the fourth step to descend from three spirituall steps of gaining the mans soul to a fourth which is carnall to wit let him be as a heathen c. this is Caesars sword which certainly is a carnall weapon proper to the Kingdomes of this world Ioh. 18. 36. whereas rebuking exhorting promises and Excommunication are the spirituall weapons of the warfare of the Ministers of Christ 2 Cor. 10. 4 8 9. Rev. 1. 16. Esai 11. 4. Psal 45. 4. Rom. 1. 16. The exercise of the sword is a mean of edifying consequenter by removing false teachers that hindreth edification but no man can say it is a mean of it self and kindly in regard of the man against whom the sword is used Farther that which is a common mean of conserving peace in all societies and corporations even without the Church where the Gospel was never heard cannot be a kindly mean of gaining mens souls that are within the visible Church Erastus Ambrose following the example of Azariah cannot be defended in debarring Theodosius from the Sacraments Yea it was tyranicall and damnable to debarre a man desirous to hear the word who otherwayes repented and acknowledged his fault from the means of salvation It was like the Popes proud fact in trampling ●on the Emperours neck he had no cause of wrath against Theodosius but as Nicephorus saith the Emperour hated Ambrose Ans 1. If Erastus had come to Logick he refuteth here but a Law by a fact of Ambrose 2. What if Ambrose debarred Theodosius from hearing the word Ergo there is no Excommunication it followeth not 3. That he debarred Theodosius from the Sacrament after he gave evidences of his repentance to the Church is an untruth 4. That after such a cruell fact of murthering so many innocent persons of Thessalonica Theodosius should have been admitted to the Sacrament or remained a Member of the Church to eat and drink his owne damnation and not be cast out as 1 Cor. 5. no man but Erastus could say so it is cleare that
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
c. 12. Zozomen l. 7. e. 8. Theodoretus l. 5. c. 9. Historia tripartit l. 9. c. 14. say that the Emperor ordained him the Synod named him the truth is the Bishops were devided in judgement and its like they referred the matter to the godly Emperour In the mean time Athanasius Epist de solit vita Ambros l. 5. orat ad auxentium and l. 5. Epist 32. ad valentinianum Zozomen l. 6. c. 7. Concilium Toletanum III. Concilium milevitanum and divers others which I have cited elsewhere make the Emperor a Son of the Church not a Head and Lord intra Ecclesiam filium Ecclesiae non judicem non dominum supra Ecclesiam I might adde Augustin Epist 48. 50. 162. l. 1. de doctr Christ c. 18. Cyril Alexandrinus in an Epistle to the Synod of Antioch all Protestant Divines of note and learning CHAP. XXVII Quest 23. Whether the subjecting of the Magistrates to the Church and Pastors be any papal Tyranny and whether we differ not more from Papists in this then our adversaries The Magistrate not the Vicar of the mediator Christ The Testimonies of some learned Divines on the contrary answered IT is most unjustly imputed to us that we lay a Law upon the conscience of the Magistrates that they are bound to assist with their power the decrees of the Church taking cognizance only of the fact of the Church not inquiring into the Nature of the thing This Doctrine we disclaim as Popish and Antichristian It hath its rise from Bonifacius the III. who obtained from Phocas a bloody tyrant who murthered Mauritius and his Children as Baronius confesseth and yet he saith of this murtherer optimortum imperatorum vestigia sequutus he made an Edict that the Bishop of Constantinople should not be called Oecumenick nor universall Bishop but that this should be given only to the Bishop of Rome So Baronius yieldeth this tyranny was inlarged by Hildebrande named Gregorius the seventh a monster of tyrannicall wickednesse and yet by Papists he is sanctitate et miraculis clarus Baronius extolleth him these and others invaded both the swords Bishops would be civill judges and trample first upon the neck then upon the consciences of Emperors and make Kings the hornes of the beast and seclude them from all Church businesses except that with blind obedience having given their power to the beast as slaves they must execute the decrees of the Church Paul the III. the confirmer of the order of Iesuits who indicted the Councell of Trent as Onuphrius saith up braideth Charles the V. for meddling with Church businesse They write that Magistrates do not see in Church matters with their owne eyes but with Bishops eyes and that they must obey without examining the decrees of Councels and this they write of all subject to the Church Toletus in Instruct Sacerd●t l. 4. c. 3. Si Rusticus circa articulos fidei credat suo episcopo proponenti-aliquod dogma hereticum mor●tur in credendo licet sit error Card. Cusanus excit l. 6. sermon obedientia irrationalis est consumata et perfectissima obedientia sicut Iumentum obedit domino Ib. sententia pastoris ligat te pro tua salute etiam si injusta fuerit Envy cannot ascribe this to us Calvin Beza yea all our writers condemne blind obedience as brutish But our Adversaries in this are more Popish for they substitute King and Parliament in a headship over the Church giving to the King all the same power in causes Ecclesiastick that the Pope usurped 2. They make the King a mixed person to exercise spirituall jurisdiction to ordaine Bishops and deprive them and Mr. Prinne calleth the opinion of those who deny Ecclesiasticall jurisdiction legislative a high word proper to God only coercive power of Christian Emperors Kings Magistrates Parliaments in all matters of Religion what in fundamentall Articles of salvation Church-government Discipline Ceremonies c. Anti-monarchicall Anti-parliamentarie Anarchicall as holden by Papists Prelates Anabaptists Arminians Socinians c. It s that which Arminians objects to us and calleth the soul heart and forme of papall tyranny But that the Magistrate is not obliged to execute the decrees of the Church without further examination whither they be right or wrong as Papists teach that the Magistrate is to execute the decrees of their Popish councels with blind obedience and submit his faith to them because he is a layman and may not dare to examine whether the Church doth erre or not is clear 1. Because if in hearing the word all should follow the example of the men of Berea not relying on the Testimony of Paul or any preacher try whether th●● which concerneth their conscience and faith be agreeable to the Scriptures or no and accordingly receive or reject so in all things of Discipline the Magistrate is to try by the word whether he ought to adde his sanction to these decrees which the Church gives out for edification and whether he should draw the sword against such a one as a heretick and a perverter of souls But the former is true the Magistrates practise in adding his civill sanction and in punishing herericks concerneth his conscience knowing that he must do it in faith as he doth all his moral actions Ergo the Magistrate must examine what he practiseth in his office according to the word and must not take it upon the meer authority of the Church else his faith in these moral acts of his office should be resolved ultimaté on the authority of the Church not on the word of God which no doubt is Popery for so the warrant of the Magistrates conscience should not be Thus saith the Lord but Thus saith the Church in their decrees 2. The Magistrate and all men have a command to try all things Ergo to try the decrees of the Church and to retain what is good 1 Thes 5. 21. To try the spirits even of the Church in their decrees 1 Joh. 3. 1. 3. We behooved to lay down this Popish ground that 1. The Church cannot erre in their decrees 2. It s against Scripture and reason that Magistrates and by the like reason all others should obey the decrees of the Church with a blinde faith without inquiring in the warrants and grounds of their decrees which is as good Popery as Magistrates and all men are to beleeve as the Church beleeveth with an implicite faith so ignorance shall be the mother of Devotion who ever impute this to us who have suffered for non-conformity and upon this ground that Synods can erre refused the Ceremonies are to consult with their own conscience whether this be not to make us appear disloyall odious to Magistracy in that which we never thought ●ar lesse to teach and professe it to the world 4. Their chiefe reason is the Magistrate by our doctrine by his office is obliged 1. To follow the judgement of the Church and in that he is a servant or inslaved Qui enim