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A84062 The nullity of church-censures: or A dispute written by that illustrious philosopher, expert physician, and pious divine Dr Thomas Erastus, publick professor in the University of Heidelbertge, and Basil. Wherein is proved by the holy Scriptures, and sound reason; that excommunication, and church-senates or members, exercising the same, are not of divine institution; but a meere humane invention. Erastus, Thomas, 1542-1583. 1659 (1659) Wing E3217; Thomason E1783_2; ESTC R209663 63,863 128

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Christs Passion do first demonstrate this and the next this other testimonies also This sendeth forth armed men to apprehend Jesus it examineth witnesses against him as it would have it to seem commandeth Christ to be brought be brought before it and delivereth him bound to Pilate having condemned him first publickly It condemneth Stephen openly and commandeth him to be kil'd It commandeth the Apostles to be shut up in publick Prisons it commandeth them to be beaten holding a publick counsell concerning that matter it giveth to Paul a commission and power to draw from other Towns the godly being bound to Jerusalem that they miuht be kild there Acts 24. The Jews themselves and the Judges or Synedrium in plain tearms affirme this by Tertullus the Orator when they accused Paul to Faelix Tertellus saith According to our Law we would have condemned him except Lysias had by force taken him out of our hands Acts 23. Paul saies to the chief Priest dost thou sit to judg me here according to the Law and yet against the mind of the Law commands me to besmitten Afterwards Acts 26. he confesseth before Agrippa and Festus that he put many Saints at Jerusalem and other places in Prison having received power for this purpose from the chief Priests and that he likewise kild them with the sentence and voice and that he compeld them with torments and punishments to blaspheme through all the Synagogues and he received power from the chief Priests likewise to handle the Saints in forreign Towns and among these in Damascus I believe Agrippa and Festus knew whither it was lawfull for the Synedrium or not to do these things Except it had had this power they would not have absolved Paul by their votes as immediately they do For Pauls sins should have been no less against Caesar then the Pharisees for he offends no less who doth unlawfull things by the permission and command of them to whom it doth not belong to permit or command it then he who doth command such things but neither of them are accused and Paul is clearly absolved as one that hath done nothing worthy of bonds Neither would Pilate have said John 18. take the him away and according to your Law judg him if they had not had thts power therefore when they say it is not lawfull to kill any body this is to be understood of the feast day for fear of the people as Augustin expoundeth it or of the sort of death to which they desired Christ to be put as Chrysostome interpreteth it to this opinion the words of John fitly agrees these things was done saith he that it might be fulfilled which Christ had spoken signifying what death he should die Hither also it belongs that in the 26. of Matthew Christ saith That he could not be taken at other times by them when he sate in the Temple and taught because the Scriptures might have been fulfilled therefore then they took him when for fear of the people and the feast instant they could not kill him Matthew 26. Marke 14. Wherefore seeing they could indure him no longer neither was it safe for them to put him to death it followed that he should be delivered up to the Romans that so all things might might come to pass as he had foretold should come to pass unto his Disciples Mat. 20. which are first insinuate by Johns words and after by Augustins and Chrysostoms To this likewise belongs that crying out of the people Cruci●e him crucifie him Matthew 27. Mark 15. Luke 23. John 19. L. From these it appeareth that it is not true that is affirmed by some that the Synedrium had no power of the Sword nor right to put to death and that Steven was stoned of it in atumultuary manner That they had a power I approved with unanswerable Arguments that Stephen was not kild in a tumult appeareth from that that he was accused before the Judgment seat That witnesses were heard albeit false witnesses that he was led out of the Towne that the same witnesses did according to the command of the Law throw first stones at him as may clearly be known by laying down their cloaths at the feet of Paul the same is proved also perspicuously from Historie For the Romanes permitted all people but namely the Jews that living within and without Judea to use their own Laws in matters belonging to Religion and so freely according to the Law and rites and manners as Josephus witnesseth In the fourteenth Book of his Jews antiquities in the 12.16 and 17. Chapters thereof according to the distinction of the Greek Copies and in the 12. Chapter he setteth Strabo as his Author writing of the Town of Cyrene that they there had a chief Ruler who heard all their causes and that did govern their common wealth no otheswise then as if he had been a Prince of a perfect Republick Hitherto likewise belongs those things which are read Acts 18. concerning Gallio the prefect of Corinth The same Author the 16. Book and 4. and 5. Chapter relates how Herod obtained from Agrippa unto the Jews that live through Asia that it should be lawfull for them afterwards to live according to the priviledges that were now already granted unto them by the Romans I therefore mention these thing because some object that Herod did kill the Synedrium and did bereave it of all power How could Herod take from them at Jerusalem the power of judging and decerning of things belonging unto their Religion according to the Law who indeavoured to preserve and procure the same to them that dwelt in Asia Moreover Christ did not teach under Herod or Archelaus but under Pilate Indeed the Jews made Pilate himself take his military Banners out of the Towne which he had caus'd secretly to be convoid in Least they should against the precepts of God suffer Images to be in their Town They keep this power to themselves to the destruction of the Town which is clearly understood by the Oration which Joseph had to the besieged The Romanes saith he in the 5 Book of his Jewish war do desire that tribute which our Ancestors were wont to pay to their fathers which if they obtain they neither will plunder the Town nor at all touch our holy things they grant to you your Families Children and possessions and suffer your holy Laws to remaine safe After the taking of the Town Titus himself speaks all most the same words to the Jews in the 6. Book of Josephus Therefore whither we consult the holy or Jewish History it doth most certainly appear that the Synedrium unto which Christ bid us complain had the power of the Sword or of putting to death but chiefly of those that should act any thing against their Religion But in politick matters and in cases of wrong where the Law had constitute nothing of certainity I do not doubt but that the Romans had taken to themselves either all or most part and usurpt
some to attend that were dying or that were infected with some unclean disease yea he would not have some to bury the dead and cleanse the unclean by whose meanes they themselves became also defiled Numb 19. And whilst he willed this he willed that all legall uncleanness should not be avoided But God did forbid all sorts of wickedness to all persons at all times neither did he permit them at any time or in any place to do evill 9. God commandeth that wickedness should be repress'd with fire sword strangling stones stripes fines imprisonment and with other such like punishments But he commanded the unclean to be purified by water and with other such like meanes to be purged 10. He was not esteem'd a wicked and condemn'd person who was according to the sentence of the Law made unclean and even to the day of his death did remain such as when Women in their courses or Men sick of a Gonorrhaee or infected with a Leprosie did die But he that liveth so that even at the houre of his death he shall be by good and upright men thought worthy of Excommunication he cannot but be eestem'd an unworthy and ungodly person 11. Legall impurity had no place but amongst one people and for a certain time But vices did spring every where amongst all Nations in all places and at all times Wherefore seeing vices were punish'd and judged fit to be punish'd both by Gentiles and Jews before ever the legall impurity was introduced it certainly signified some other thing then this punishment of wicked persons being much more light then that which would be satisfactory to the will of God 12. Every man was purified in a certain space of time or number of daies by using certain Ceremonies of what mind soever he was of that is whither he willingly or against his will became unclean But no man is delivered from wickedness except he be cordially sorry and desire truely and earnestly both to be and be made better 13. Every unclean person was purged according to his own judgment The Leprose and some few others being excepted neither had they any need of Judges and Elders who were to discern wither they were rightly purified or not Our Adversaries hold another opinion concerning Excommunicate Persons For in this point they will have us to follow the judgement of their Elders and not to accept of their Assertion who declare that they are penitent for their sinnes 14. He was to be declared sound and clean who had the whole skin of his body of one colour though from the crown of his head to the sole of his feet he were Leprous And on the other part he was esteemed unclean who had his skin spotted in one or more parts In wicked persons the case is farre different for he that is altogether cloathed with wickedness as the Sow that hath weltred in the mire is altogether durty is not better then he who yet carrieth some shadow of honesty and godliness 15. The Leprouse Persons are not commanded to do any thing for their own cure but they are only commanded to shew themselves to the Priest that he may declare whither they be or be not purified But wicked persons are commanded to amend their lives and that they declared the sorrow of their souls by their upright and holy conversation 16. Many became unclean by touching those things whereby others were purified and whilst they were purifying others Numb 19. But not any deserve to be excommunicate for that by which he goeth about to cure and cleanse those that are defiled with sin and wirkedness Wherefore if you assert the figure to corespond it behoveth you to concede that all they that by this means go about to bring the stray into the way are to be excommunicate 17. Unclean Persons according to the Law were not debarr'd from all the Sacraments for they were commanded to observe all the private rites of their Countrey to observe the Sabboth and feast of expiation which chiefly held forth the fruits of Christs works and that under pain of death Lev. 16 and 23. for as we said before they were not judged to be condemned and forlorne Persons Now whither the condition of excommunicate Persons according to our Adversaries opinion be not far different from this is not needfull further to be insisted on 18. Unclean Persons did defile legally the cloaths houses places and people with whom they hold any converse But wicked men do not defile the Temple or any other thing or Persons except those that communicate with them in their vices The Temple was not defiled so oft as Adulteresses were brought in thither Numb 5. and John 8. And the Publican did not defile the Temple when he went up thither together with the Pharisee to pray Luke 18. Certainly the Pharisee who esteem'd him a wicked Person in respect of himself did not think himself defiled by his company When Judas threw back the price of treason we do not read that the Temple was defiled by him neither do we find the Pharisees complained thereof which nevertheless would not enter the Counsell-house least they should be defiled But if a woman sick of her flowers or any other Ishew or that had a care of a Buriall or had touched a dead body though unwillingly were seen in the Temple then all things became unclean neither was it lawfull to Sacrifice or use any other worship till it was purified After the same manner Judas did not defile the last Supper by his villanies which nevertheless had come to pass if either he or any other of the Disciples had touched any dead thing To conclude Legall uncleanness was a figure of our crooked and corrupt nature which cannot enter Heaven unless it be washen and cleansed by the pure blood of Christ for as the Tabernacle signified Heaven and the exclusion from it the keeping out from the Heavenly Jerusalem so the purification by common or holy water did prefigure the changing by the death of Christ The quality then thereof was not a figure of a work but of a quality or of our corrupted Nature neitheir did it foreshew how offences were to be punished for Moses had taught this in clear and plain words But what our condition was to be in the life to come that is in the Kingdome of Heaven which the Land of Canaan did represent which all are manifestly enough to be seen throughly from the 21. of the Revelation Augustine in his Writeing against the Donatists did believe it signified the excluding of Hereticks From the many and great differences that are found betwixt both these impurities yea a blind man may discern that the one could not so figure the other as our Adversaries averre XVI Although Moses lay down no other exception except that which we have spoken of notwithstanding I will answer to another Objection which may be gathered from Moses words For may be after this manner some will reason The Jews were commanded