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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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Magistratibus as Vtenbogard speaketh from and under the Magistrate as the Vicars Deputies and Ambassadors of the Magistrate yea that Magistrates teach the people by the Pastors as by their Vicars then Zebadiah should more diligently care for the matters of God then Amariah as the Lord and Master should more care his own businesse then his servant should do 3. More or lesse doth not vary the nature of things then must the Magistrate Sacrifice Teach judge between the clean and the unclean minister before the Lord as the sons of Aaron and the sons of Levi but lesse diligently But what calling hath he to any of these Acts at all Hath the Lord chosen the Tribe of Iudah or the Tribe of Levi to minister before him And by the same reason the Priests Levites should do these same things but more diligently And again Amariah is to use the sword and to condemne ill doers to death But lesse diligently these be pleasant dreams 5. The Priest and Judges are companions as Moses and Aaron Ergo the one is not Master and the other servant and Deputy ●● Erastus dreameth and they are the rather of that in divers Senats 6. But how proveth Erastus That the Levites were common Servants both to Priests and Judges For though it were so this will never subject the Priests to the Civill Iudge nor confound these two Iudicatures David 1 Chron. 26. divided the Levites and set them in their courses for service Ergo They were King Davids servants as King it followeth not except Erastus prove David did not this as a Prophet and that the Lord did not choose the Tribe of Levi. But David did it as a King and so all Magistrates may appoint offices in the House of God and call men to the Ministry by vertue of the Magistrates place But David 1 Chro. 24. distributed the Priests as well as the Levites Ergo the Priests are servants to the King as well as the Levites But the Levites are expresly 1. Chron. 26. given by office to wait on the sons of Aaron for the service of the house of the Lord for the purifying the holy things for the shew bread for the fine flour for meat offerings and for the unleavened Cakes and that which is baked in the pan and for that which is fryed and for all manner of measures and size to praise the Lord at morning and night to offer all burnt sacrifices to the Lord c. In all which no man can say they were servants to the King For then the King sacrificed by them as by his servants no Divinity is more contrary to Scripture It is true 1 Chron. 26. 30. some of the Hebronites were Officers in all the businesse of the Lord and the service of the King But that is because ver 26. they had the oversight of the spoile that the King dedicated to the house of the Lord for the building of the Temple and that is called the Kings businesse Erastus Jehoshaphat 2 Chron. 19. did not depart from Moses his Law But we read not that there were two distinct Iurisdictions commanded and instituted by God Ans If this be a good Argument all that David and Solomon did for and in the building of the Temple in the structure forme length breadth Cedars gold Altars c. of the Temple shall be without Warrant Solomon and David departed not from Moses But Moses spake nothing of the Temple and a thousand things of Divine institution in the Temple But this is our Argument Jehoshaphat did erect no new Iudicatures but restore those that had their Warrant from Moses his Law But so it is that Iehoshaphat reinstituteth two distinct Iudicatures Ergo The Lord by Moses at the beginning did institute these two distinct Iudicatures Erastus We are not anxiously to inquire what be the matters of God it is all one with what he said before ye judge not for men but for the Lord. The Rabbines the judgement of Capitall causes is the judgement of souls the scripture nameth all judgements most frequently the judgements of the Lord Deut. 1. Ye shall not fear men for the judgement is the Lords Exod. 18. The people come to me to inquire of God that is to seek judgement Therefore are the Judges Exod. 22. Psal 82. called Gods The matter of God is any cause expressed in the Law of God and proposed to the Judges to be judged and the Kings matter is that which properly belongeth to the King Ans Erastus his anxiety to inquire is little because he cannot Answer 1. The matter of the Lord cannot be all one with this Ye judge not for men but for the Lord For the matter of the King or a point of Treason to be judged is to be judged not for men but for the Lord. But the Text differenceth between the matters of Lord and the matters of the King 2. In the former 2 Chron. 19. 5. he speaketh of civill businesse but the matters of the Lord are such as concern the Law of God and the true sense and meaning thereof to be proposed to the conscience and 3. That is a common thing to all causes that in the manner of Iudging Iudges are to look that they do as men in the place of God so then as God if he were judging would do no iniquity nor respect persons nor take gifts as he saith ver 7. So neither should men do iniquity or respect persons in judgement and so is it taken Deut. 1. 17. Now this clearly is the manner of righteous judgement and Modus judicandi but the matter of Iehovah is Res judicata the thing to be judged which may be unjustly Iudged and this matter of Iehovah is not common to all causes but is contradistinguished in the Text from the matters of the King which in the manner of judging is no lesse to be judged according to the judgement of the Lord then the matters of Jehovah 4. The Chalde Paraphrast Vt inquir at instructionem Vatab. Vt consulat deum This is a false interpretation That to inquire of God is to seek judgement from God For it is to ask the Lords minde in doubtsome cases and this they asked from Moses as he was a Prophet not as he was a civill Iudge except Erastus will have the Magistrate of old to give responses and to have been Oracles by vertue of their Office which is a clear untruth Saul David Solomon Joshua though Kings did not give responsals and answers when they did go to War or were in doubtsome perplexities But did ask Counsell at the Priest and Oracle of God and the Ark 1 Sam. 15. 37. Iosh 9. 14. Iudg. 20. 27. 1 Sam. 30. 8. and 23. 2. 4. And by this the Magistrate as the Magistrate should resolve all doubts of conscience now to perplexed consciences under the New-Testament 5. The Iudges are called Gods because they are under-Deputies in the room and place of the great God not because every judgement of
the Image to be God objective commemorative representative relative declarative significative Non essentialiter non per se non realiter 2. There is an honour or negative r●verence due to any Image of God ordained by himself or to any mean of honouring God because it is such though it cannot be expressed in the act of Adoration but the question is if the honour of adoration either relative or absolute be due to the Image 3. The Jews intended to honour Jehovah in their Images what inferiour intention they had to honour the Image we are now to inquire 4. We bow our knee two wayes before a creature either before a creature as an object by accident as while we pray there of necessity must be before us some creature a wall a Table a Pulpit none of these are adored because they are before us by accident as having no Religious state The Image before the Iew and the Sacramentall elements before the kneeler cannot be thus present 2. The creature is before the kneeler of Religious purpose as a Religious object 5. The Creature is Religiously present before the kneeler two wayes 1. Active 2. Passive 1. In the meer and naked act of teaching and exciting the memory so that when that act is past I turne from the creature and adore the Creator So at the sight of the Sun or Moon being taught and instructed of the wisdom and power of God in creating such excellent creatures I am to turn from them and adore the Lord of these creatures Thus the creatures are kindely and per se objects in the act of teaching but not objects at all in the act of adoration 2. The creatures are objects passive when bodily bowing in a religious state is directed toward the creatures really and bodily present by a commandment of the Church or of purpose and so they are made objects of Adoration I. Conclusion The relative expression of God which is in the works of God is no formall ground of any Adoration of the creatures 1. Because Adoration upon this ground though the creatures the Hoast of Heaven be excellent is forbidden Deut. 4. 19. 2. Not only Images which cannot represent God and the Sacraments but all the creatures even Rats Mice Flyes Frogs Worms Iudas and wicked men yea and Devils are to be worshipped because all things having being are shadows and footsteps of God their cause first Author and last end Psal 19. 1. Psal 103. 22. Rom. 1. 19 20. Act. 17. 27 28 Prov. 16. 4. Rev. 4. 11. Rom. 11. 36 37 3. Because God is really and by the diffusion of his blessed essenc● present in all creatures it followeth not that we should Adore them The Formalists upon this ground that Christ is really present in the Sacrament though the manner we know not think that Christ should be Adored in the Sacrament according to that Verbum audimus motum sentimus modum nescimus But if this be good Logick because we know not the way of the Spirit and how the bones grow in a woman with childe Eccles 11. v. 5. And God where he worketh is present by the immediation of essence and power though we know not the way of his presence we are to Adore the soul of man and the bones of a young childe in a womans belly though they should say that God-man Christ is in a more powerfull and efficacious manner present in the Sacrament then in the works of nature yet should it follow that God is to be worshipped in the works of nature also for Magis minus non variant speciem for then we could not conclude any thing but this Though there be not so reall a ground of Adoring Lice and Frogs as Adoring of the Sacrament Yet there is a ground seeing God is in the realli●y of his blessed essence present in all creature● II. Con●lusion The Idolatrous Jews did not Adore the golden Calf as a crea●ure but as God by representation Exod. 32. 4. And when Aaron had made thereof a golden Calf they said These be thy Gods O Israel which brought thee up out of the Land of Aegypt 5. And when Aaron saw it he built an Altar before it and Aaron made Proclamation and said To morrow is a Feast to Iehovah Now that they believed not the golden Calf to be really and essentially Iehovah is more then evident 1. Because they believed not Moses to be essentially God but their guide and leader under God but this Calf they made to supply the want of Moses v. 1. The people gathered themselves together against Aaron and said unto him Vp make us gods which shall go before us For as for this Moses the man that brought us up out of the Land of Aegypt we know not what is become of him They made then the Calf only a visible God under Iehovah to lead them in Moses his place 2. There is no reason why they should have made Aaron rather the maker of the Calf then another but because he being the Lords Priest they thought by his holinesse the God head of Jehovah did slide into this Calf and so they held the Calf to be a thing different from Iehovah 3. They say to Aaron Make us gods Ergo they believed Iehovah to be before this made Calf 4. They saw the Calf melted before their eyes knew it was made of their ear-rings 5. They call it Iehovah yet they made it Iehovah and therefore they differenced betwixt the Calf Iehovah for they knew that Iehovah brought them out of Aegypt before the Calf was framed but the Calf was an Image of that Iehovah Bellar. and Gregor de Valent. say They worshipped not Iehovah but a vain Idol Else how is it said Psa 106. when they made this Calf that they forgot the Lord if they worshipped God in the Calf they were mindefull of God It is vain reasoning this the wife that taketh another Husband to bed with her Morally forgetteth her husband and to worship God in a memorative signe forbidden of God is a forgetting of God and a false God indeed 2. Those who acknowledge that the Heathen believe that some Godhead dwelt in Images and gave Responses and Answers out of them do thereby acknowledge that the Image it self had not the honour of giving Responses as God hath but that the inclosed Godhead gave these Responses and therefore the inclosed Godhead was that which they worshipped So Aquinas and Vasquez saith The Heathen acknowledged a Godhead to dwell in the Images And Bellarmine saith It is not improbable that the Iews believed that they worshipped the true God in an Idol Papists then may take to them Heathens Idolatry for Heathens worshipped God in Images and not Images as they are such and Abulensis and Cajetan in the Commentaries of the first Edition on Exodus said this same 3. Though the Iews believed the Calf to be essentially God yet it was God
15. And to wait on them with all patience if God peradventure may give them repentance 7. The destruction of the flesh must be the destruction of the body But the bodies of the godly are saved no lesse then their spirits in the day of the Lord. 8. And for many of the former reasons by delivering to Satan cannot be meant a miraculous tormenting of the body by Sathan with the saving of the life Such as we read was the case of Iob for the delivering to Sathan is to cast out of the Church and declare such an offendor to be of the number of the wicked world of which Sathan is Prince Ioh. 12. 31. Ioh. 14. 30. and God 2 Cor. 4. 4. and that which we assert as the essentials of excommunication are 1. Here is a member of the Church one vvho is within 1 Cor. 5. 12. one who hath fallen in a foul scandall and had his fathers wife ver 1. who by the Church conveened in the name of our Lord Iesus with that spirit of the Apostle given to them by Christ v. 4. was delivered to Sathan that his soule may be saved for that is the genuine and intrinsecall end of Excommunication and to be purged out of the Church lest he should infect the Sheepe ver 7. and Christians were not to bear company with him nor to eate with him ver 9. 10 and he was judged to be cast out as a Heathen and Publican ver 12. 13. and that by a convened court having the name and authority of him who is King of the Church ver 4. and more wee doe not crave Obj. To deliver any to the power of Sathan is no mean of salvation Answ A morall delivering to the efficacy of error and a reprobate minde is not a mean of salvation nor is excommunication such a mean nor in the power of the Church but a medicinall depriving of an offender of the comfortable communion of the Saints and of the prayers of the Church and meanes of grace such is a means and mighty through God to humble CAP. V. Quest 1. Whether the word doth warrant discipline and censures even to the excluding of the scandalous from the Sacraments beside the Pastorall rebukes inflicted by one VVE are not to conceive that there was nothing Morall in the Lawes that God made to his people of Israel to debar the unclean from the society of Gods people and from communion with them in the holy things of God Numb 5. 1. And the Lord spake unto Moses saying 2. Command the children of Israel that they put out of the Campe every leaper and every one that hath an issue and whosoever is defiled by the dead Lev. 5. 2. If a soul touch any unclean thing whither it be a carcase of an unclean beast or the carcase of unclean cattell or the carcase of unclean creeping things and if it be hidden from him he also shall be unclean and guilty 6. And he shall bring his trespasse-offering unto the Lord for his sin which he hath sinned Lev. 7. 20. But the soul that eateth of the sacrifice of the peace offerings that pertaineth to the Lord having his uncleannesse upon him even that soul shall be cut off from the people 21. Moreover the soul that shall touch any unclean thing as the uncleannesse of man or any unclean beast or any abominable unclean thing and eat of the flesh of the sacrifice of peace-offerings which pertain unto the Lord even that soul shall be cut off from his people In the which observe that here the soul that shall touch any unclean thing is to be cut off but Num. 5. 2. He is only to be put out of the Campe now these were not killed that were put out of the Campe and therefore to be cut off from the people must be a morall cutting off by Excommunication not by death also the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth to make a Covenant to cut off either by death or any other way as by banishment by which a thing leaveth off to be in use though it be not destroyed as when a branch is cut off a tree 1 Sam. 31. 9. Yea we have Isa 50. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Where is that Bill of cutting off or divorce Now this was not a Bill of killing the wife that was divorced but putting her from her husband as our Saviour saith It is not Lawfull to marry her that is divorced Matth. 19. 9. A killed and dead woman is not capable of marriage yet the word is Deut. 24 1. Ier. 3. 8. from that same Theame 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Hebrews have another more ordinary word to signifie death as Exod. 31. 14. He that doth any work on the Sabbath in dying he shall die And it is expounded he shall be cut off from the midst of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but Lev. 7. the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is four times used without any such expression ver 20 21 25 27. To which may be added that when zealous Hezechiah did finde that the people were not prepared According to the purification of the Sanctuary though they had celebrated the Passeover the King did not only not kil them but prayed God might be mercifull to them and the Lord killed them not saith the spirit of God but healed them Exod. 12. 15. He that eateth unleavened bread that soul shall be cut off from Israel but it is expounded ver 19. That soul shall be cut off 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the Church of Israel Certainly he that is killed is cut off from both State and Church and from the company of all mortall men on earth Isa 38. 11. Then to be cut off from Israel is onely to be deprived of the comfortable society of the Church of Israel as the holy Ghost expoundeth it Also Lev. 4. If any commit any sin but of ignorance and so if he touch any unclean thing or eat unleavened bread forbidden of God he is excluded from the holy things of God while the Priest offer for him according to the Law Now if he was presently to be killed either by the Magistrate or in that act killed by Gods own immediate hand as Aarons sons were there was not a journey to be made to the place the Lord had chosen to sacrifice there which might have been three dayes journey from his house who was unclean yea when the man that gathered sticks was stoned and the false Prophet stoned Deut. 13. there was no sacrifices offered for any of them before they were killed and I hope there were no sacrifices in Moses his Law offered for the dead Hence learn we 1. That to cut off from the Congregation was not to kill but it was the Iewish Excommunication greater or lesse 2. That Moral sins under the Old Testament debarred men from the holy things of God while the Priests sacrificed for them and brought them in a capacity to receive the holy
said Erastus cometh to finde some use for a Presbytery if the Magistrate be an heathen he cannot examine or debarre any from the seals Let Erastus answer if he be a Christian how can it be denied but if the Magistrate by his office is to steward the bread to one of the children not to another but he is a steward to cut and divide the word and seals both aright and how could Paul make it one of the properties of the Pastor 2. Tim. 2. to cut the word and by the same reason to distribute the seals aright if it depend upon another officer by his office to command him to divide it to this man whom he hath examined and findeth in his mind qualified and not to this man We judge the Elders of the New Testament do agree in this common and perpetuall morality that both are to put difference between clean and unclean holy and unholy though many things were unclean to the Iews that are not unclean to us and that the Church hath yet a power to bind and loose Mat. 16. 9. Erastus There was never a wiser common wealth in the world then that of the Iews Deut. 4 But in the Common vvealth of the Ievves there vvere never tvvo distinct judicatures concerning manners Ergo There should not be these tvvo different jurisdictions in the Christian common vvealth But all should be given to the civill Magistrate Ans Erastus is seldome happy in his Logick his Sy●logismes are thin sowne all Gods laws are most wise but if this be a good Argument was not their Church their Religion their Ceremonies their judiciall Laws all wise and righteous Then the Christian Church should be conform yet to the Iewish we should have those same bloody sacrifices judiciall lawes Ceremonies that they had The Iudicatures and officers are positive things flowing from the positive will of God who doth appoint one jurisdiction for them most wise and another to Christians different from them and in its kinde most wise 2. We give two judicatures in the Church of the Iews concerning manners one civil acknowledged by Erastus another spirituall Ecclesiastick ordaining Ecclesiastick and Spirituall punishments upon the unclean Lev. 10. 10. As to be removed out of the campe and such like and Deut. 17. Thou shalt come to the priests the Levites and the Iudge that shall be in those daies according to the sentence vvhich they of that place vvhich the Lord shall chuse shall shevv thee and thou shalt observe to doe according to all that they informe thee ver 12. And the man that vvill do● presumptuously and vvill not hearken 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Priest that standeth there to minister before the Lord thy God or unto the judge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 even that man shall die and thou shalt put avvdy evill from Israel There is here an evident disjunction that clearly holdeth forth that both the Priests and the civill judge judged in matters of manners and that he that presumptuously despised the sentence of either was to die a judicature of the Priests is evidently here and a judicature of the civill judge Erastus cannot deny and that the Priest judged in subordination to the civill judge is refuted by the words which saith the Priest was immediatly subordinate to God not to the Magstistrate He that will not heare the Priest that standeth to minister before the Lord thy God shall die Ergo He is the Minister of the Lord and God called and separated Aaron and his sonnes to stand before the Lord and to minister and he did call the Levites the Magistrate called them not to office Erastus Beza saith that Moses Ioshua David Salomon did not execute the office of the Priests and therefore the charge of the Priests and of the civill Magistrates were different offices and charges but I said before the Lord chose Aaron and his sonnes to be Priests they were not so distinct charges but they did agree to one and the same person for Moses to omit the rest did execute the office of Aaron Levit. 8. But after that it was not lawfull for any to doe the office both of King and Priest and therefore Saul and Vzziah were justly corrected of God for it But what is this It proveth not that the Priests had publike judicatures to punish wickednes of manners Ans Certainly if Erastus deny the charge of the Priest and the King to be different offices because once Moses did offer Sacrifice and so was Melchisedeck both a King and a Priest Heb. 7. he must say that Moses offered Sacrifices Levit. 8. not as a Priest Sure I am Moses was a Prophet and a Prince and Ruler but no Priest But Moses by Erastus his way must as a civill Magistrate have offered Sacrifices and not as a Priest or priviledged person by a speciall and an extraordinary commandement of God for to deny the two offices of Priest and King to be different offices because one man discharged some Acts proper to both Offices as Moses both did beare the Sword of God as a Prince and did also discharge some Acts proper to the Priest as Erastus saith he did Leviticus 8. is a poore and naughty Argument undeniable it is that Melchisedeck was both King and Priest but even then to be a King and to be a Priest were two distinct offices in nature and essence because Melchisedech did not take away the life of a Murtherer as a Priest but as King of Salem Heb. 7. 1. Nor did Abraham pay tithes to Melchisedech as to a King but as to a Priest Tithes in Moses Law as tithes were never due to any but to the Priests and therefore even in Melchisedeck the Kingly and Priestly office were formally distinct Ordinances of God just as David as a King and judge took away the head of the man who brought Sauls head to him and not as a Prophet he did this so as a Prophet he penned the Psalmes not as a King If one and the same man be both a Musitian and a painter he doth paint excellently as a painter not at a Musitian and he singeth excellently not as a Painter but as a Musitian and though one and the same man doe acts proper to both that may prove that Musick and the art of painting are one subjectively onely that they may both agree to one and the same man but not that they are not two faculties and gifts of God different in spece and nature 2. Though Erastus confesse that it was unlawfull that Vzzias and Saul should sacrifice yet he will have the Kings office and the Ministers office under the New Testament not so different for he said expresly Who knoweth not now when Aarons Priesthood is removed but we are all equally Priests Saul and Vzziah sinned when they were bold to sacrifice and burne incense but the Magistrate doth not therefore sin who exerciseth the charge of the Ministery if he might for
Word and Sacraments if then the Magistrate by his office may preach and dispense the Sacraments who made him a judge and a Ruler Will this sati●fie mens conscience The Magistrate as the Magistrate may play the Minister but the Minister may not play the Magistrate Now as Erastus saith the Minister in holy things is his servant called by him may not the Minister be called by him to the Bench also Erastus Eli and Samuel were both Priests and Iudges and so to Erastus they are not inconsistent 2. Ministers ought not to usurpe the civill sword Ergo they have no power of governing by the sword of the Spirit it followeth not the contrary is evident 1 Thes 5. 12. 1. Tim. 5. 17. 1 Cor. 12. 28. Rom. 12. 7 8. Erastus Peter Martyr saith Com. 1 Sam. 8. Those that live wickedly may be corrected by the Magistrate But Papists give one civill Ecclesiastick power to the Pope and another to the Magistrate whereas the civill Magistrate is sufficient enough Ans Pet. Martyr 1 Cor. 5. expresly asserteth Excommunication and acknowledgeth a Presbyterie of Pastors and Seniors or Elders Peter Martyr condemneth the use of both swords in the Pope and saith it is sufficient that the Magistrate have the Sword Erastus Christ saith my Kingdom is not of this world that is it is not pollitick externall visible for Christ reigneth in the world but his Government is invisible and spirituall in the Word and the Spirit Ans Christ denieth only that his Kingdome is of this World in regard it is not holden up by the civill sword of men or Magistrates as Erastus doth dreame who maketh the Magistrate with his club to be the onely Catholick and principall Ruler in all Christs courts which Christ refuteth when he saith If my Kingdome were of this world mine owne would fight for me Now Erastus will have no weapon but the Magistrates sword to hold out and cast out all offenders out of Christs Kingdom but it is false that Christs Kingdom is not politicall externall and visible this is to deny that Christ hath a visible Church Sure exhorting rebuking censuring withdrawing from the scandalous excommunication are visible externally and in a politick spirituall way exercised by Christ in his Ambassadors for externall and spirituall are not opposed nor are politicall and spirituall opposed as Erastus dreameth and therefore this is a non sequitur of Erastus His Kingdom is not of this world Ergo it is not externall Erastus When Pompeius invaded and possessed Iudea and Gabinius having overcome Alexander had changed the state of Iudea the Pharisees did reigne wholly at Ierusalem The Kingly power was removed and Aristocracy set up Ioseph bel Iud. l. 1. c. 6. Ioseph antiq l. 14. c. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Synedrie for the most part had its owne authority vnder Hyrcanus and under Archilaus it was more fully restored as is cleer by the Evangelists and Iosephus Claudius in the tenth year after Christs death setteth forth an Edict 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ioseph Ant. lib. 19. Titus Vespasianus promised the same thing to them Ans Will then Erastus have Christ Mat. 18. to restore the power of the Sanedrim in gaining a lost brother that is to cite him before the Roman Iudges But 1. the Romans made high Priests from yeere to yeere did Christ acknowledge the Sanedrim to be a restored Iudicature in this 2. Say that the Sanedrim in sacris in in the holy things of God had its full power the Romans not impeding them hath any man a face to deny but Pharisees corrupted both Law Gospell Sanedrim and all and doth Christ establish their most corrupt government especially when they set themselves against the Messiah Cesar or Pompeius could give the Sanedrim no more then it had before they were subdued but before they were subdued the Sanedrim was changed and corrupted 3. This is to beg the question to say they kept the power of the Sword For 1. We utterly deny that by Gods Law they ever had any such power and forsooth because the High-Priests servant smote our Saviour on the face and they scourged and imprisoned the Apostles What then therefore the Sanedrim had the Law of God for it and Aaron and his sonnes might beat scourge imprison and kill as they killed Steven without Law or warrant except the Law that they had from the Roman Emperours for which cause I judge their Sanedrim was then a mixed Judicature surely this is a vaine consequence 4. It is like enough Claudius and Tiberius both gave them liberty of their own Religion Ceremonies and customes at their pleasure and that is much for us the adversary so do reason from a corrupt unjust and wicked practice to infer a Law Erastus I have solidly proved there were not two distinct jurisdictions but that the Magistrate Governed all I deny not that the Magistrate took counsell at those that were skilled in the Law And I have proved that the Sanedrim in Christs time when he spake these words had the power of the sword in things pertaining to Religion Ans Let another man praise thee solidity of the probation to most of Protestant Divines is plain emptinesse 2. That the Magistrate took advice of Divines and learned men skilled in the Law is not like the first pattern of Moses David Solomon who as Magistrates saith Erastus did rule all in the Church gave the Law to Aaron his sons directed and commanded the Prophets from the Lord as nearest to him what they should do what Laws they should teach the people Shew us one precept practise or promise in the word where Moses David Solomon asked Counsell at Aaron the Priests Gad Nathan or the Prophets saying O sons of Aaron O Prophets advise us Magistrates what Laws we should command you touching your office your holy garments your washing your beasts clean and unclean your l●per your putting men out of the Camp touching the forme dimensions structure materials of the Arke Tabernacle Temple c. that we may know what to command you from the Lord for we are nearer to the Lord and have a more eminent place as Church-Officers then you who are but our Vicars Deputies and servants to be directed by us Now 1. Moses received all Laws immediatly from God and never consulted with any man either Aaron Priest or Prophet David and Solomon had the forme of the Temple given to them by the Lord in writing and advised with none at all therefore received from God and delivered to the Church what they received of the Lord. 2. What warrant the Magistrates should advise with Ministers what they should command-Ministers to preach and do in their Ministery if by vertue of their Office they command Ministers 3. So like as Christ referreth men to the Civill sword on their bodies to gain their souls which is the scope of Christ Matth. 18. CHAP. XVII Quest 13. Whether Erastus can make good that the