is not to kill were Hymeneus and Alexander delivered to Satan that they might learn not to blaspheme what learning or Discipline can dead men be capable of 2. There 's need of mourning when any is cut off from Christs body it being the highest judgement of God on earth 3. Without the visible Church altogether as Heathens are there is no salvation But to be so without the Church as the casting out is a medicinall punishment That the soul may be saved in the day of the Lord is a mean to bring the soul in to both the invisible and visible Church and putteth none in that state that they cannot be saved but by the contrary in a way to be saved so the man periret nisi periret Erastus It would seem it may be proved from the Text that the man persevered not in that wickednesse for the Text saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that hath done and that hath wrought this deed not he that doth this deed and therefore it seems Paul would inflict punishment as a good Magistrate useth to do even though the man repent and he saith that his spirit may be saved then the man repented Ans 1. Reconcile these two Paul was as a good Magistrate to kill the man though he should repent and yet at their intercession saith Erastus he did forgive him durst Paul at the request of men pardon a Malefactor contrary to the duty of a good Magistrate 2. Can Paul intend in miraculous killing only the saving of the mans soul and knowing that he was saved and having obtained his end yet he will use the mean that is he will kill him or if he intended another end also that others might fear how could he not kill for this end A good Magistrates zeal should not be softned and blunted for the request of men Erastus he saith He decreed to deliver the man to Satan for the destruction of the flesh that the soul may be saved now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to give over to permit here a person given a person to whom a person giving to wit Paul and the end wherefore that the spirit may be saved it is as if I would give my son to a Master either to be instructed or chastised so 1 Tim. 1. Act. 27. 28. Matth. 5. 18. Matth. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mar. 15. The brother shall deliver the brother to death and the Lord saith to Satan behold 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I give him to thee this is to deliver one afflicted killed condemned Ans All this is needlesse to be delivered over is to be recommended and taken in a good sense also Act. 14. 26. Commended to the grace of God Act. 15. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we deny not but to be delivered to Satan is to be delivered to be afflicted but the question is what affliction is meant here the affliction of the flesh say we or of the unrenewed part opposed to a saved spirit Erastus It is unpossible that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 destruction can be shown to signifie the destruction of the desires of sinfull flesh in all the New-Testament it alwayes signifieth killing death destruction nor doth the thing it self compell us to take it other wayes here nor for killing and death as 1 Thes 5. It is true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to kill destroy crucifie are so taken but never 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in either sacred or prophane Authors Ans I conceive Chrysostom knew Greek better then Erastus the man was delivered to Satan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That he might scourge him as he did Job with a hurtfull boyle or some other sicknesse Hence as that learned and judicious Divine who hath deserved excellently of the Protestant Churches Petrus Molineus saith on the place Chrysostom Homo Grece eloquentiae Râ—rum exemplum A rare example of Grecian eloquence doth think per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the word destruction not death but some heavy torment to be meant And I am sure Hieronymus a man in the tongues incomparably skilled said by destruction here was meant jejunia egrotationes fasting and diseases 2. Nor need we contend for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in all Authors of the world signifieth destruction for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to destroy the question will rather be what is meant by the flesh but certainly it is in prophane Greek Authors as unusuall I except sacred Greek Authors such as Basil Chrysostom who knew what mortification meant to speak as Paul doth Rom. 8. 13. If ye mortifie the deeds of the flesh ye shall live Let Erastus finde me a parallel to that in the New Testament 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I think Erastus may not deny that this is to mortifie the sinfull works of the body of sin yet Aristotle Plato Lucian Plutarch Hâ—siod Homer nor any prophane Greek Author ever spake so We shall therefore deny that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth never to Greek Authors any thing but bodily death for 2 Thess 1. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 everlasting destruction is some more then bodily destruction 3. We say it is unpossible that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can be showen to signifie in either Old or New Testament a miraculous destroying of the body by Satan we retort this reason back upon Erastus his Exposition is not tollerable because it wanteth a parallel place it is his own reason Erastus The destruction of the flesh must be the destruction of the body not of concupiscence because he addeth that the spirit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be saved here the soul is opposed to the body Ans Though we should grant that by the flesh is meant the body yet it followeth not it is the miraculous killing of the man as I observed before 2. It maketh nothing against Excommunication for many learned Protestants teach that though to deliver to Satan were a bodily punishment or conjoyned therewith as the Learned Anto. Waleus doth observe yet the Apostle is clear for Excommunication in this chapter the learned Molineus denyeth delivering to Satan to be expounded of Excommunication and will have the destruction of the flesh to be some bodily tormenting of his body by Satan so doth sundry of the Fathers especially Ambrose Hyeronimus Augustinus and Chrysostom though Augustine be doubtful Yet Molineus saith Certum est paulum velle hunc incestum moveri communione Ecclesia sed id vult fieri ab ipsa Ecclesia Corâ—nthiacâ dicens ver 13. Tollite istum sceleratum è medio vèstrúm And that grave and judicious Divine Piscator saith on the place That the forme of Excommunication is this delivering to Satan but the destruction of the flesh he thinketh to be the exhausting of the naturall strength of the body with sorrow for his sin according to that Prov. 17.
Proposition is made good Because 1. to walk according to the spirituall Policie of the Lords house must be a good work and so a Morall and Lawfull work and a due conversing in the spirituall Society of the Church according to the Rule of the Word 2. If this Morall walking be according to a Rule that may crook bow and varie according as Civill Customes of men and Cities alter and varie at mens pleasure It is a Morall walking no more according to the Rule of Scripture then the contradicâ—nt thereof is according to this Rule but falleth and riseth hath its ups and downs at the meer nod and pleasure of men who may change Customes and Manners every year twice if so it please them For what Scripture teacheth me a Civill Custome of a City as not to carry Armour in the night to take up the Names of all between sixteen years of age and sixty Or what Scripture teacheth me a Bishop may be above the Pastors of the Church or a Bishop may not be Surplice Crossing Bowing and Cringing to wooden Altars may be or may not be Deacons may be or may not be even as customes and guises of the Civill State appear as Meteors in the Aire and in the fourth part of a night disappear and vanish to nothing to say that the word teacheth the Church to abstain from blood is a part of the perfection of the Scripture and yet the Scripture teaches that abstinence from blood not as an eternall and unalterable Law for we are not now tied to abstain from blood therefore the Scripture may make the man of God perfect in some works that are alterable and changeable This I say is no Answer for saying that God should now make abstinence from blood and things strangled indifferent as he made them in that intervall of time Acts 15. When the Ceremonies were mortall but not deadly and unlawfull as is clear in that Paul Act. 16. 1 2 3. circumcised Timothy that Rite being then indifferent and yet he writeth in another case when the Gospel is now fully promulgated that to be circumcised maketh a man a debtor in conscience to keep the whole Law of Moses and so to abstaine from eating of blood and things strangled must be a falling from the Grace of Christ and an Apostacy from the Gospel Gal. 5 1 2 3. 4 5 6 7. The like I say of observing of dayes which Rom. 14. 5 6. were indifferent and in another case Gal. 4. 9 10. Col. 2. 16 17. Deadly unlawfull and not necessary so the matter Acts 15. which in the case of scandilizing the weak is abstinence from things indifferent say that they are indifferent bindeth as a perpetuall Law to the end of the world and bindeth us this same very day Rom. 14. 20. In the Morality of it as abstinence from murthering One for whom Christ died Rom. 14. 15. 1 Cor. 8. 12 13. 1 Cor. 10. 26 27 28. And upon the ground laid by Prelates which is most false and untrue to wit that many Positive things in Church-Government such as are Prelats deemed to be warranted by Apostolick though not by Divine right Ceremonies and Crossing kneeling to bread Altars Surplice Rochet corner-Cap yea and Circumcision a Passeover-Lambe and all the Jewish Ceremonies though with another spirit and intention then to shadow forth Christ to come in the flesh imagined to be indifferent and alterable things we hold that all these are to be abstained from as eating of blood and things strangled of old were if you say they are as indifferent as blood and some meats were in the case Act. 15. Rom. 14. 1 Cor. 8. 1 Cor. 10. It s a most false principle as we shall hear and therefore the Scripture if it make the man of God perfect to every good work as the Apostle saith it must teach us to abstain from all these as scandalous and must set down as perfect and particular directions for Church-Government as Paul doth Rom. 14. Set down a particular Platform how we shall eschew Murther for scandalizing our Brethren in the use of things indifferent is spirituall Murther Rom. 14. 15. 20. 2. Arg. That which is a lamp to the feet and a light to the path Psal 119. 105. And causeth us understand Equity Iudgement Righteousnesse and every good way Prov. 2. 9. And to walk safely so that our feet stumble not Prov. 3. 25. Prov. 4 11 12. Prov. 6. 23. That must be a lamp and light to our feet and walking in a Platform of Church-Discipline so as we shall not erre sin or stumble therein But if the light be so various doubtfull alterable as we may walk this way or the contrary way according to the Civill Laws alterable Customes and Manners of the people we shall not so be guided in our path as our feet shall not stumble the Church might then suffer Jezabell to Prophecie and these that hath the Doctrine of Balaam or not suffer them as the Civill Laws and alterable Customes of the people should require Now the Scriptures doth clearly insinuate that the Law and will of God revealed in the Word is a Rule of walking straightly and of declining sin and any stumbling in our way which deserveth a rebuke and a threatning such as Christ uttereth against the Church of Pergamos Rev. 2. 14 15 16. And of Thyatira v. 17 18. Now if these Churches had no certain Rule or Word of God from which they should deviate and erre in their path of Discipline but the Customes and alterable Civill Laws and Manners of men they were unjustly rebuked by Christ which to aver were Blasphemy Prelats say Some things in Church-Policie are Fundamentals not to be altered but there be other things alterable And of things of Policie of the former notion we have a certain Platform in Scripture but of the latter not any at all is necessary and the not suffering of false Teachers in the Church is of the former sort But I Answer some Scripture or reason ought to be given of this distinction If all be Morall and unalterable that are necessary to Salvation its good But to suppresse Jezabell and false teachers is not necessary Necessitate medii for then the Salvation of that Church were desperate and past remedy which should suffer false teachers surely then Pergamos and Thyatira were in a certain irremedâ—lâ—sse way of Eternall Damnation as are these who are void of all Faith and knowledge of Fundamentall Articles I conceive Prelats will hold their hand and not be so rash as to say this If these other things of Policie be necessary necessitate precepti in regard that Iesus Christ hath commanded them to be observed why then are some things alterable which Christ hath commanded to be observed some things unalterable Crosse Surplice which Prelats say have been in the Church these twelve hundred yeers are in themselves as positive have as small affinity with the Civil Laws Customes
alterable and may put out Pastors and Teachers because God hath put out Apostles we have a new world of alterable Church-Policy 5. Reverent Beza referreth the Commandment to the Platforme of Discipline So Ambrose in Loc. and Chrysostome Homil. 18. so Diodat This Commandment which is ver 11 12. Or generally all other Commandments which are contained in this Epistle Popish Writers confesse the same though to the disadvantage of their Cause who maintain unwritten Church-Policy and Ceremonies So Lyra and Nicol. Gorran Mandatum quod Deus ego mandavimus the Commandment of the Lord and of me his Apostle Corneâ—a lapide Quicquid tibi O Episcope hac Epistolâ prescripsi demandavi hoc serva Salmeron alii per mandatum intelligunt Quecunque mandavi spectantia ad munus boni Episcopi SECT II. THE Adversaries amongst these things of Church-Policy do reckon such things as concerne the outward man and externals only and therefore Bilson Hooker and the rest as Cameron and others will have Christs kingdom altogether Spirituall Mysticall and invisible and Christ to them is not a King to binde the externall man nor doth he as King take care of the externall government of his own house that belongeth say they as other externall things to the Civill Magistrate who with advise and counsell of the Church Bishops and their unhallowed Members may make Lawes in all externals for the Government of the Church and all these externals though Positive are alterable yea and added to the word though not as additions corrupting but as perfecting and adorning the word of God and his worship In opposition to this our fourth Argument shall be he who is the only Head Lord and King of his Church must governe the politick externall body his Church perfectly by Laws of his own spirituall policy and that more perfectly then any earthly Monarch or State doth their subjects or any Commanders or any Lord or Master of Family doth their Army Souldiers and members of their Family But Christ is the head and only head of the Church for by what title Christ is before all things he in whom all things consist and is the beginning the first borne fram the dead and hath the preheminence in all things and he is onely soâ—ely and absolutely all these by the same title he is the Head and so the onely Head of the Body the Church Col. 1. 17 18. And he is the head of his Politick body and so a head in all externals as well as of mysticall and invâ—sible body for if his Church be an externall Politicall body and ruled by Organs Eyes Watchmen Rulers Feeders and such as externally guideth the flock as it is Eph. 4 11 12 13 14 15 16. 1 Cor. 12. 28. Matth. 16 17 18. A society to which Christ hath given the keys of his House and so externall power in a visible Politick Court on earth to binde and loose to take in and put out to open and shut the doors of his visible Politick house then this Politick body must have a head in externall policy and this head in externals must as a head governe by Laws all the members in their externall society for a body without a head is a monster and a Politick body without a head Politick and one that ruleth Politically is a Monster And Christ is the King yea the only King of his own Kingdom either as this Kingdom is mysticall and invisible or as it is Politick externall and visible on earth as these Scriptures proveth 1. Mat. 28. 18. Iesus â—aith unto me is all power given in Heaven and in earth I hope this power is only given to Christ not to Pope or earthly Prince It is the name above all names Phil. 2. 9. King of Kings Rev. 17. 14. And upon this Kingly power Christ doth an exâ—ernall Act of Royall power and giveth not only an inward but also a Politicall externall power to his disciples ver â—9 Go Teach and Baptize all Nations Is this only inward and heart-â—eaching and inward Baptizing by the spirit I think not God hath reserved that to himself only Isa 54. 13. Ioh. 6 44. 45. Joh. 1. 33. and Ioh. 20 21. 22. Upon this that the Father sent Christ and so set him his King upon his holy hill of Zion Psa 2. 6. Christ performeth an externall Politick mission and sendeth his disciples with power in a Politick externall way to remit and retain sins in an externall way for there is clearly two remittings and retainings of sins in the Text None can say of the Church it s my Church but he who is King of the Church and Christ saith Matth 16. 18. that it is his Church and upon this it is his Kingdom and the keyes are his keys and they are keys of a Kingdom visible and Politick on earth as is evident ver 19. I will give unto thee the keys of the Kingdom of Heaven and whatsoever thou shalt binde on earth in an externall Politicall court of Church Rulers as it is differenced from an internal and mysticall binding in Heaven shall be bound in Heaven c. For it is clear that there is an internall binding in Heaven and a Politicall and externall binding on earth and both are done by the keys of the Kingdom of Heaven But Christ can have or give no Politicall or exâ—ernall keys of an externall and Politicall King but as he is a King Yea and Excommunication doth not only binde the inward man in Heaven but also the externall man on earth excluding him from the Society of the Church as a Heathen and a Publican and purging him out from the externall communion of the Church as if he were now no brother Matth. 18. â—7 18. 1 Cor. 5. 7. 10 11 12. Now this externall separating and judging of an offender by the Church is done by the keys of the Kingdom Ergo by Christ as a King ruling the externall man Politically and so by the key of the house of David which is laid upon Christs shoulder Isa 22. 22. And by a Royall Act of him upon whose shoulder is the Government Is 9 6. Who sitteth upon the throne of David to order the kingdom to establish it with judgement justice For the Church doth bind and loose in the externall Court either by a Commission from him who as head of the Church and who as King gave to her the Keys of the Kingdom or by a generall Arbitrary power given to the Magistrate and Church to do in these things as they please so they do nothing contrary to the Word though not according to the Word as they are to do in Doctrinals if the former be said then must the externall Government be upon the shoulder of Christ as King which is that which we teach If the latter be said then might the Magistrate Church appoint such an Ordinance as excommunication and so they may by their Artitrary power make a Gospel Promise of
these Traditions by an Argument taken from the want of a lawfull Author while he calleth them Precepts of men opposed to the Commandments of God and while he saith v. 13. That every plant not rooted by his heavenly Father shall be rooted out Yea and Christ expresly proveth their worship vain because they taught the fear and worship of God by the precepts of men and not by the word of God and Ceremonies are the precepts of men 3. Mar. 7. 10 11 12. He alledgeth their corrupt and false exposition of the fifth Commandment in saying It is a gift whereby Parents may benefit which Children offer to God though they help not their Parents in their poverty necessity so you free them from obedience to the fifth Commandment of God by setting up your false glosse saith Christ which is a human tradition Then to Christ this is a good argument your corrupting of the fift Cōmandment with your false glosses is a rejecting of Gods 5. Commandment why because it is a doctrine of men and one of the Pharisees Traditions For whether they placed operative sanctity in preferring mens Commandment to Gods or not none can deny but Christ reasoneth against these evils because they were mens Traditions otherway Formalists shall be forced to say that if the Pharisees have esteemed them Arbitrary and of no operative sanctity mens Commandments had not been vain worship Christs Argument from Isa 29. should prove nothing for false glosses and corrupting the fifth Commandment is not vain worship because it is a doctrine of men for Doctrines of men as only coming from men and esteemed Arbitrary are not vain saith Formalists yea except they be contrary in the matter to Gods Law and proffered or equalized in the opinion of sanctity to Gods Law they are not a whit vain because they come from men or are doctrines of men 4. Christ defendeth his Disciples practice in abstaining from externall not-washing Ergo he esteemed the externall washing unlawfull But if the Disciples abstinence was because of the impiety of washing and the opinion of sanctity put upon washing otherwayes Lawfull he should have defended his Disciples in a thing unlawfull for to disobey the Elders and Church-guides who sate in Moses's chair and were to he obeyed Matth. 23. 2 3. in an externall indifferent act of washing not contrary to the washings commanded in Moses Law and so negatively conforme to Gods Law is Lawfull as Formalists and Papists both teach but Christ defended his Disciples in their non-obedience externall for they were not challenged for denying the opinion of operative holinesse to these Ceremonies Christ who commanded obedience to sitters in Moses his chair in all things Lawfull would have obeyed himself and cleared his Disciples in so far as they ought to obey or not to obey 5. Vasquez sayes These Traditions were unlawfull because they were invented Sola voluntate hominum absque ratione by the sole will of men without reason But so are Popish Ceremonies for if they can be proved by the word of God and the light of nature they are essentiall parts of Gods word and not accidentall nor left to the Churches will 2. It is good then the Iesuit confesseth the Church from sole will and so the Pope and Prelat can make no Laws but either Scripture or natures light must warrant them and sole will cannot rule them 3. They had as good reason in generall from Moses his writings and the Law-washings as Pope and Prelats have for their Traditions But saith Vasquez Christ complaineth of these traditions because they held them to be Summam Religionis the marrow of Religion and took no care of Gods Law Ans That will no more prove them to be vain worship and that the Disciples were to be justified in their non-conformity to these Church washings then that Gods Disciples and sound believers under the Old Testament should abstain from keeping Gods Sabbaths his new-Moons and from offering Sacrifices because the people placed all holinesse in these of old and neglected works of mercy and justice Isa 1. 11 c. Jer. 7. 4 5 6. But say Formalists Christ condemneth them because the Pharisees thought eating with unwashen hands defiled the conscience and meat defiled the soul when the eaters did not wash as the elders commanded Whereas Christ saith It is not that which goeth in at the mouth which defileth the man but the wickednesse that cometh out at the heart Ans It is true and I think Pharisees believed meat eaten contrary to the Elders Traditions defiled the conscience as is clear Mat. 15. 16 17 18. And that also Christ condemneth as a Doctrine of men and of ignorant men and so doth non-conformity to your Ceremonies pollute the conscience as a breach of the fifth and second Command as you say QUEST IV. Whether humane Ceremonies can consist with Order Decency and the sincerity of our profession of true Religion CEremonies fight with Order and Decency 1. These Rites pretended by Gods command to adde order and decency to Gods worship and yet deface his worship and addeth none thereunto be unlawfull But humane Ceremonies be such Ergo That they pretend Order is proved D. Burges saith They have no place in all the New-Testament save only 1 Cor. 14. 26. Let all things be done in order and decency a place as a Estius citeth Magnified by Papists for all their Ceremonies The Major is undeniable I prove the Assumption 1. Because Magick-like Rites honoured with Gods name as Christian-Masse Christs-Masse an Adored Tree called Gods board when there is no use for a Table a Crossing honoured with dedication to Christs service is like Gods name used by sorcerers in Charming Spelling Divining where vertue is ascribed to signes characters and words which have no such vertue from God or nature and this Valentia justly calleth Superstition So the Iews called the Calfe Jehovah Papists call a creature of their making Agnus Dei a stile due to Christ only Joh. 1. 29. 2. All creatures are means of glorifying God Rev. 4. 11. Prov. 16. 4. Rom. 11. 36. And may be invited to praise God as Psal 148. Now it were strange bleating to say O Crossing Surplice Praise ye the Lord when things ordained by mans sole will and so idle and sinfull are made means to glorifie God with as good reason dancing in the Church and blowing feathers in the Aire which have by nature or reason no aptitude for these ends may be decent means of glorifying God 2. Order and decency supernaturall in the Church is in the Word Cant. 6. 4. Clear as the Sun terrible as an Army with Banners Nothing wanting Gods institution can reach a supernaturall end as our Ceremonies are 2. But also Ceremonies relatively sacred in Religious state must be more then civilly decent as also right order produceth supernaturall joy Gal. 2. 5. Civill order cannot do this Or 3. Ceremonies adde naturall order but this is not in colour
which scandalous offendors are to be debarred from the society of the Church and other holy Ordinances that they do not prophane them which is proved from Mat. 18. 15 16 17 18. Thus he who is to be of a brother esteemed as no brother but as a Heathen and a Publican and whose offence is bound in Heaven as the Church bindeth on Earth and that upon the testimony of Witnesses he incurreth some other censure of reall ejection out of the society of brethren in a Church State then Pastorall rebuking But he who trespasseth against his brother and will neither be gained by private admonition nor by the Church rebuking him is in such a case Ergo such a one is to be excommunicated and so Christ must have instituted such a censure Divers reasons are alledged against this sense as not favouring excommunication Object 1. If thy brother trespasse against thee is if thy brother trespasse against God thou knowing him to be guilty art to deal with him and to bring his fault to publike hearing that he may be punished Answ 1. The same phrase in the same doctrine of scandals is Luke 17. 3. Take heed to your selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If thy brother trespasse against thee rebuke him and if he repent forgive him But it cannot be said that if our brother transgress against God we knowing of that we are not to forgive him a sin committed against God though he should come to us and say that he repenteth for then might any private brother pardon murthers and sorceries and if this private brother were a Magistrate by this he is to forgive bloods and not use the sword against the evill doer and is to dispence with it seventy seven times if the offender say he repenteth 2. The text saith expresly If thy brother trespasse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against thee not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 against God It is true sinnes against a brother are sins against God but it is evident from the text that Christ speakes of such sinnes in a speciall manner committed against me or a particular brother which are within the verge of my power or his to pardon as no◠being yet publikely scandalous 3. Camero saith to sinne against any here is not to sinne against God with the knowledge of a brother but it is to sinne in private against a brother so as the offended brother is in meeknes to labour to gaine him and not bring his fault to publike if he can be cured in private and therefore with much lenity we are to proceed whereas before Christ had exhorted not to contemne our brother here he teacheth with what loving patience and longanimity we are to labour to gaine him when he is fallen else Christ should say but the same thing over againe that he said once Object 2. But by this place of Scripture I should rebuke any brother whom I know to sinne against God to the end I may gaine him to repentance and that before two witnesses Now this is absurd my Father my King and Prince before two Witnesses And therfore by the Church is meant a number of private Christians before whom I am to convince my brother and that I am not to rebuke any offender whatsoever is cleare in that Solomon saith it is a mans glory to passe by an offence and we are not to over-heare our servant cursing us Ergo We are not to rebuke every one nor to bring them before any Church Court Answ 1. This argument is against Christ as well as against us for it tendeth to conclude that it is not universally true that I am to rebuke every offending brother which I will grant in some sense For 1. If the fault be small and possibly a matter of goods with which I may dispence without lesse hurt to my brothers soule then the evill of scandall may be if I complaine to either the Church or Magistrate I am rather to suffer wrong 1 Cor. 6. 7. But because I am not to rebuke my brother imprudently may I not conclude from Christs words I may rebuke him Or because a meane person may not rebuke a Ruler or a Prince or King Will it follow that a Nathan may not rebuke King David and because Ionathan may not rebuke King Saul his Father shall it follow that no other may rebuke King Saul Or because I may not rebuke a scorner though a professing brother or because I may not rebuke my brother before two or three witnesses who to my knowledge bear the offender ill will and so I see my rebuking shall be so far from gaining him to repentance that it shall provoke him to a greater offence shall it therfore follow I am to suffer sin in my brother and not to rebuke him at all which the Spirit of God calleth a hating of my brother in my heart Lev. 19. v. 18. This argument concludeth not that I may not rebuke my brother but onely that I may not rebuke my brother imprudently or that any brother may not rebuke any brother whoever he be King or Ruler Negatis modi non negat rem ipsam so we are to passe by offences and to be willing to forgive them Ergo we are not to rebuke an offending brother it doth not follow I must be willing to forgive all friend or enemy Ergo by this reason I am not to rebuke any at all and Solomon willeth us onely not to be swift too glad and willing or too quicke and sharpe eared to heare every ill word Eccles 7. 21. Also Heb. Give not thy heart to all words that are spoken least thou hear thy servant curse thee So is the same phrase Eccles 1. 13. Prov. 23. 26. Eccles 1. 17. Not unlike this is the phrase Dan. 6. 14. The King set his heart to deliver Daniel But this will not prove we are not to rebuke an offending brother 2. That by the Church here is meant a number of private Christians is against the Text for then three witnesses should be a Church being three private Christians but sure it is Christ ascendeth in his speech to an higher degree to the Church who is to heare the Witnesses the Plaintiffe and the Offender who hath power to binde and loose which is nothing but a Church-court 2. Thou hast gained thy brother must be a spirituall gaining of him to repentance as 1 Pet. 3. 1. That they may be gained by the conversation of the wives 1 Cor. 9 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That I may gain those that are under the Law Ver. 21. That I may gain those that are without Law ver 19. That I might gaine the more Ver. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That I might gain the Iewes so is the Word used for spirituall gaining Mat. 2. 17 20 22. and Christ in his Sermons never speaketh of civill gaining of brethren And 2. Because he speaketh of the brother as he is a member of a society where there be three
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
the Sacraments to a Turk and yet we may Preach the Gospel and make offer of Christ in the word to him 1 Cor. 14. 23. And this Scripture shall also conclude we are not to admit scandalous persons to the Sacraments being both uncapable of them as also because they can but trample on these pearls no lesse then the Turk should do the Argument then is just nothing We exclude many from the Kingdom of Heaven whom we do not excommunicate on earth But he should say we Excommunicate many whom we do not exclude out of Heaven Erastus These two are not one to declare a person hatefull in Heaven to God and to be cast out of the visible Church for if they be both one then one private Pastor may Excommunicate for he may declare from Gods word that an offender is excluded out of Heaven hath not the word of God in the mouth of one as much authority and power as out of the mouth of many the authority of the word dependeth not on a multitude also why should this be as good a consequence God judgeth not this man worthy of the Kingdom of God Ergo he is to be cast out of the visible Church as this God judgeth not this man worthy of life eternall Ergo God will not have him to live in this temporall life Are we ignorant that God esteemeth many not worthy of life eternall to whom he hath given power to cast out devils in his name Matth. 7. Ans All this is but with carnall reason to speak against the wayes of God for 1. Not every denouncing of a sinner unworthy of Heaven is Excommunication So Iudas might have Excommunicated himself and when one Pastor declareth an offender unworthy of Heaven he is not formally excommunicated out of the visible Church he is cast out of the invisible Church But that is not Excommunication except it be done for a publick scandall that offendeth the Church 2. Except it be done by the visible Church 3. According to the rule of Christ Matth. 18. 4. That he may be ashamed and repent and be saved Gods binding of the offender in Heaven is a part of Excommunication but not all nor the very same with Excommunication 2. The Churches casting out for Christs institutions cause is of more Authority then the Conscionall casting out performed by one Pastor and yet the Conscional casting out by one insuo genere is as valid as the other subordinata non pugnant 3. We are not to take our compasse and rule of Gods waies by his outward dispensation but the revealed will of Christ is our Rule God thinketh those who walketh inordinately and causeth divisions not worthie of the Christian society of the Saints and must binde them in heaven to that censure in regard he expresly so commandeth in his Word Rom. 16 17. 18. 2 Thes 3. 14 15. 1 Cor. 5. 11. Yet he thinketh them worthy of Salvation and may give repentance and Iesus Christ to many of these he may deny salvation to the wicked and upon that feed them to the day of slaughter dare flesh and blood quarrell this consequence God hath appointed the wicked for the day of wrath Ergo he giveth them more of this life then heart can wish This consequence dependeth on the meer dispensation of God nor is this our Consequence God judgeth such unworthy of heaven Ergo they must be cast out of the visible Church we never made Excōmunication a necessary consequent of the Lords judging men unworthy of Heaven for then all these that God judgeth unworthy of life eternall should be excommunicated and only these which is false for God may judge some worthy of life eternall in Christ and yet they are to be excommunicated if they refuse to hear the Church as many regenerate may go that sar in scandalous obstinacy and many whom God judges unworthy of life eternall may so belie a Profession as they deserve not to be excommunicated and both these may fall out and do fall out according to the revealed will of Christ Erastus 4. objecteth Excommunication must exclude men from only the externall society of the Church for he only can joyne us to Christ or separate us from internall and spirituall society of Christ who can beget lively faith in us and extinguish lively faith when it is begotten for by faith only we are made living members of Christs body and by only infidelity we leave off to be members of his bodie But no Church no creatures can either beget lively faith in us or extinguish it in us or thus men can neither give to us nor take from us salvation therefore Excommunication should not be defined by cutting men off from salvation Ans This is the only Argument of Erastus that seemeth to bear weight But it is false and groundlesse it supposeth the false principle that Erastus goeth on that Excommunication is a reall separation of a member from Christs Invisible and Mysticall body and that the Excommunicated person who may be an Invisible member of Christ and regenerated may be an Apostate and fall from Christ and leave off to be a member The contrary of which all our Protestant Divines teach against Papists whereas Excommunication is only a Declarative but withall an Authoritative Act or Sentence of the Church and no reall cutting off of a believer from Christ But you will say It presupposeth a cutting off in heaven from Christ and therefore the Excommunicated person is declared to be cut off Let me Answer I conceive Excommunication hath neither Election nor Reprobation Regeneration or non-Regeneration for its object or terminus but only it cutteth a contumacious person off from the Visible Church on earth and from the head Christ in heaven not in regard of his state of Regeneration as if Christ ratifying the Sentence in heaven did cut him off so much as conditionally from being a member of his body No but in regard of the second Acts of the life of God and the sweet efficacy and operation of the spirit by which the Ordinances are lesse lively lesse operative and lesse vigorous the man being as the Learned and Reverend Mr. Cotton saith As a palsie Member in which life remaineth but a little withered and blunted and he in Satans power to ve◠his spirit and therefore I grant all to wit that Excommunication is not a reall separating of a member from Christs body only unbelief doth that but it followeth not Ergo it is a separation only from the externall society of the Church For 1. This externall cutting off is ratified in heaven And 2. Christ hath ratified it by a real internal suspension of the influence of his spirit in heaven But I deny that this universall doth follow from Christs binding in heaven That whomever God judgeth unworthy of heaven all these are to be cast out of the Church he cannot prove this consequence from our grounds Erastus Argueth thus If God dam any as
and every where to be observed in all Churches Yet Paul neither practiseth it here nor else where nor commandeth others to practise it now here he desireth they may be cut off but not excommunicated Ans We say the last is no question you never read in the New-Testament or in the Old that Prophets or Apostles consulted or advised with the people whether they should work miracles or not 2. Though Excommunication was an ordinary power as the power of binding and loosing given to the Church Matth. 16. 19. and 18. 18. Ioh. 20. 22 23. Yet the actuall exercise of Excommunication being the highest and weightiest censure and the most severe of any other on earth it is no wonder that Paul be as sparing and rare in the exercise of it as the Apostles were in killing mens bodies 3. It is a begging of the question to say Paul neither practised himself nor commanded others to excommunicate for he did both Erastus That which is Rom. 16. spoken for eschewing of those who cause offences is that every one single person beware of false Teachers it is not spoken to the Church to Excommunicate those false Teachers and therefore there is no such need of such a Presbytery as you dream of but only of good and diligent Ministers who may rightly instruct and prudently teach their hearers what Teachers they ought to eschew Ans 1. The eschewing of false Teachers is a generall and a duty no question given to all and every one of the Church But the place doth no more say in expresse terms that a single Pastor should give warning particularly by name that this man Iohn Hymeneus Alexander are those false Teachers to be eschewed then it saith that the Presbytery which we assert doth in expresse termes shew what false Teachers they be who by name are to be Excommunicated and eschewed but you see that Erastus is overcome by truth so far as he must say one single Minister may declare that such a false Teacher by name is to be eschewed as a Heathen and a Publican and so in effect excommunicated and put out of the Church but he denieth that the Church may declare him a Heathen as Matth. 18. and that many Elders 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 gathered together in the name of Christ as it is 1 Cor. 5. may put out a false Teacher or a wolf out of the flock 2. We grant that it is spoken to every one that he should eschew false teachers yea and 2 Thes 3. All that walketh unordinately all fornicators extortioners drunkards 1 Coâ— 5. But that every man should eschew those whom he in his private judgement conceiveth to be such before he rebuke them and labour to gain them and in case of obstâ—nâ—cy Tell the Church as Christ commandeâ—h Matth. 18. is not commanded buâ— forbidden Matth. 18. Lev. 1917. Col. 3. 15. For if this should be that I might immediatly upon my own private grudge unbrother and cast out of my heart and intire fellowship every one whom I conceive offendeth me and walketh unordinately without observing Christs order or previous rebuking of him I make a pathway to perpetuall Schismes 2. A violation of all Laws of fraternity and Christian Communion 3. A dissâ—lving and breaking of all Church Communion and iâ— were strange if Erastus will have Christs order kept Matth. 18. in private offences done by one brother to another and not in publick offences when a brother offendeth twenty and a whole Church as if I were obliged to seek to gain my brothers soul in private and lâ—sse injuries and not in publick and more hainous offences Hence it is clear to me If we are to reject an Heretick after once or twice admonition and not to receive in our houses false Teachers and 1 Tim. 6. 3. If any teach otherwise and consent not unto the wholesome word even the words of our Lord Iesus Christ being given to perverse disputing as men of corrupt minds and destitute of the truth 1 Tim. 6. 3 4 5. We are to withdraw our selves from such and to save with severity and plucking out of the fiâ—e those that cannot be cured then certainly the Church of Christ must also turn away from such men and acknowledge them as no members of the body whereof Christ is the head if we say not this if one hath leave in a constituted Church to jâ—dge and condemne his brother and then we shall not take the course of the Apostles in the like case as Act. 15. which is not Apostolick for when false Teachers troubled the Brethren they would not peremptorily though great Apostles as Paul and Barnabas determine against either the false doctrine or the persons of the Teachers while the Apostles Elders and Brethren did meet in a Synod and determine against the Error and against the men as such as troubled the Brethren with words and perverted their souls Act. 15. Now Erastus is willing to acknowledge a sort of Divine Excommunication not a humane as he is pleased to call that Ordinance of separating of wicked men from the Church and holy things of God which yet was in the Church of the Jews instituted by Christ and his Apostles and which no Church wanted as learned Beza saith even in the time of persecution had Erastus explained to us his divine Excommunication as he calleth it it were easie to bring most of his owne Arguments with greater strength of reason against it then against ours which is the truely divine Excommunication CHAP. XIV Quest 10. Whether Erastus doth strongly prove that there is no Presbytery nor two distinct judicatures one of the Church another of the State Erastus I deny not First such a Presbytery as the Evangelists mention which is called a Presbytery a Synedry a Synagogue this was the civill Magistrate who had amongst the Jews the power of the sword 2. I deny not a Presbytery 1 Cor. 6. when the Church wanteth a civill Magistrate 3. I deny not a Presbytery of learned men who being asked may give their judgement of doubts of which Ambrose there was nothing of old done sine seniorum consilio without the Counsels of the Elders But I deny a Senate collected out of the body of the Church to judge who repenteth and are to be excommunicated and debarred from the Sacraments and who not or I deny any Ecclesiasticall judicature touching the manners and conversation of men different from the judgement or court of the civill Magistrate or that there be two supream Courts touching manners in one Common wealth Ans One simple head in a moment may deny more then many wise men can prove in a whole day it proveth they are more cumbersome in their disputes then strong that there was a Iewish Presbytery â—hat is a civill judicature is conâ—uted by Lev. 10. 10. where there is a Court of Aarons sonnes whose it was to judge of Church matters only and to put difference betweene holy and unholy betweene
his businesse performe both doth Paul make exceptions of Magistrates and Potentates when he saith 1 Cor. 14. You may all prophecie Hence he must grant that the civill Magistrate now may both preach baptize and administer the Supper of the Lord and therfore not only hath the Church no Senate nor Ecclesiasticall court to punish faults and scandals with Ecclesiastick censures but there is no Presbytery of Elders to give their judgement in matters of doctrine for the Magistrates and all Christians may as well prophecy by ◠Cor. 14. as Ministers saith he yea the faculty of preaching is no more proper to the Ministers of the Church then to the Magistrates of the city Now by this nothing is proper to the Magistrate as the Magistrate but to the Magistrate as a Christian and to all Christians But Erastus contendeth that the government of the Church and punishing of Scandals which we say belongeth to those that are over the people of God in the Lord and to Church Rulers doth belong to the Magistrate as the Magistrate and virtute officii by vertue of his office so that if any Iew or Turke or any ignorant or extreamely scandalous should attempt to intrude himselfe upon the Seals the Magistrate as the Magistrate and virtute officii is to examine and judge if he be unworthy to debar him or as he findeth him worthy admit him to the Seals Now any seeth that it is but a deceiving of the Reader to say that one man may discharge both the place of the Magistrate and the Minister of God as Moses did and Ioshua David For let Erastus and his followers shew us roundly and down-right whether or no prophecying debarring the unworthy from the Seals and all acts of Church government not proper to the Magistrate as the Magistrate and virtute officii And if so as indeed Erastus teacheth it is bu◠a poore shift to say that one and the same man may both exercise the part of a Magistrate and of a Minister Erastus Beza for ever shall not prove that there was a Church judicature that had power to punish scandalous men Iehoshaphat 2 Chron. 19. ordained judges in all the fenced cities and admonished them of their duty 2. And did the same at Ierusalem 3. And ordained judges of Levites and Priests and heads of families for the judgement of the Lord and for every cause and Amaziah the High Priest was chiefe in the causes of the Lord and Zebadiah in the Kings causes This Synedrie at Ierusalem was the politick Magistrate they judged of stroaks servitude deaths But your Synedrie judgeth not between blood and blood it judgeth not of every cause as Deut. 17. Those that are not well versed in Scripture are to note two things 1. That the cause of the Lord where mention is made of judicatures is not onely a cause of Religion but any cause proposed in judgement especially the causes of the widdow the Orphan oppressed which the Lord saith he will avenge 2. The Levites Priests were no lesse civil judges then others it is known that onely the Levits were Magistrats in the cities of refuge there was need of men exercised in the Law of God that the judges might judge righteously Ans If you take punishing for inflicting Church-censure as we here take it then all the places that sayes the Priests pronounced the Leper clean or unclean to put out of the campe or take in to judge of the adulterous woman of the restitution made by those for whom they offered Sacrifices to judge between the clean and unclean to hold out of the Sanctuary the unclean the uncircumcised in heart and flesh Levit. 13. 3 4 c. and 20 22. and 21. 26 and 30. 44. and 31. 50. Ezek. 22. 26. and 44. 8 9 10. Num. 3. 6 and 5. 18 19. Deut 17. 12. say the Priests had power to punish for transgressing of Gods Lawes and where the Prophets complaine of the Priests mis-government and unjustice it is presupposed they were to govern justly according to the Law Ier. 5. 31. 2 King 12. 4. Ier. 26. 7 8 11. Hag. 2. 11 12. Ezek. 44. 8 9 10. 2. For the place 2 Chron. 19. it is evident that Iehoshaphat doth reforme both Church and State and brought the corrupted Iudicatures to that which they should be by Law and v. 5 6 7. He set judges in the fenced cities of Iudah Here is the civill judicature And v. 8. Moreover in Ierusalem did Iehoshaphat set of the Levits and of the Priests and of the chiefo of the fathers of Israel for the judgement of the Lord and for controversies when they returned to Ierusalem Now that this second is a Church judicature I am confirmed 1. Because Iehoshaphat appointed civill judges in all the fenced cities of Iudah Ergo Also in Ierusalem the prime fenced city Now this civill judicature was not tyed to a place but was in every city even all the fenced cities but the Synedrie of Priests Levites and Elders was onely at Ierusalem in the place that the Lord should chuse Deut. 17. 8. Hence a judicature tyed to no city but which is in every fenced city 2 Chron. 19. 5. Deut. 17. 8. and a judicature tyed to Ierusalem the place that the Lord did choose Deut. 17. 8. 2 Chron. 19. 8. must be two distinct judicatures but such were these 2. There is a moreover put to the Iudicature at Ierusalem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and also in Ierusalem did Iehoshaphat set of the Levites c. This could not have been said if this had not been a judicature different from the former for if Iehoshaphat appointed Iudges in all the fenced cities Ergo He appointed them first at Ierusalem the Mother city and fountaine of justice now then he should say the same thing needlesly and with a moreover if this judicature at Ierusalem were not a judicature Ecclesiasticke and different from the judicature civill that he appointed at Ierusalem as one of the prime fenced cities which was common with the civill judicatures in other fenced cities 3. The persons in the judicatures are different for v. 5. the members of the court 2 Chro. 19. 5 6 7 are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judges these could not be Churchmen for of these he speaketh v. 8. they are expresly distinguished from the Levites Priests and Elders v. 8. who are all Church-men for the fathers of the people were no other thing then our governing Elders and these were members of the other court v. 8. 4. The objects of these judicatures are very different The Spirit of God saith of the one ver 5. That they judge for the Lord ver 13. for all the Kings matters this must be all civill causes in which the King and inferiour judges under the King doe judge but the object of the other is higher The Priests and Levites are appointed by Iehoshaphat for the judgement of the Lord ver 8. And in every matter of
and subjects are Christians but where the Magistrate is of a false Religion two different Governments are tollerable Ans 1. This argument destroâ—eth all Aristocracy Parliaments and Senates where many good men have equall power and so the Common-wealth may not have 70. Heads and Rulers of equall power which is against the Scripture which commandeth subjection to every Civill ordinance of man as lawfull Rom. 13. 1 2 3. Tit. 3. 1 2 3. 1 Pet. 2. 13 14. Deut. 1. 16. It maketh no Government lawfull but Popedome and Monarchy in both Church and state 2. It is to beg the question that there cannot be two supream powers both supream in their owne kinde for they are both supream in their owne sphere as Pastors dispense Sacraments and Word without subjection to the Magistrate as they are Pastors and Magistrates use the Sword without dependence on Pastors and yet is there mutuall and reciprocall subjection of each to other in divers considerations Pastors as subjects in a Civill relation are subject to the Magistrate as every soul on earth is and Magistrates as they have souls and stand in need to be led to heaven are under Pastors and Elders For if they hear not the Church and if they commit incest they are to be cast out of the Church Mat. 18. 1 Cor. 5. Rom. 16. 17. 1 Thes 3. 14. 15. If they walk inordinately we are to eschew their company if they despise the Ministers of Christ they despise him who sent them Math. 10. 40. Luk. 10. 16. God respecteth not the persons of Kings and we finding them not excepted if the preachers of the Gospel be to all beleevers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 over them in the Lord 1 Thess 5. 12. 1 Tim. 5. 17. call it authority or no Authority they have some oversight over the Christian Magistrate and here be two supreams two highest powers one Ecclesiasticall another Civill nor should any deny Moses to be above Aaron as the supream judge Aaron not having the power of the sword as Moses had and Aaron must be above Moses in sacrificing in burning incensâ— in judging between the clean and the unclean which Moses could not do 2. The excellency of the Civill power in regard of earthly honour and eminency in the fifth Commandment above the servants of God in the Ministry of Christs spirituall Kingdom which is not of this world we heartily acknowledge 3. That the King Preacheth and dispenseth the Sacraments by Pastors as by his servants is wilde Divinty Pastors then must have Magistraticall Authority and power of the sword committed to them as the Deputies and inferior judges of the Lords of the Gentiles which Christ forbade his Disciples Luk. 22. 25 26 27. For the servant must have some power committed to him from the principall cause in that wherein he is a servant 4. What reason is there that where the Magistrate is a Heathen two Governments and so two heads in one body should be for then there is and must be a Church-Government where the Magistrate is a Heathen and that in the hands of the Church if then the Magistrate turn Christian must he spoile the Church of what was her due before Erastus The Lord Jesus changed nothing in the New Testament of that most wise Government in the Iewish Church now there all Government was in the hands of Moses I say not that the Magistrate might sacrifice or do what was proper to the Priests but he did dispose and order what was to be done by the Priests Ans Yea but Erastus saith the Magistrate may dispense word and Sacraments in the New Testament if he had leisure Why might he not sacrifice in the Old Testament also 2. Pastors do by their Doctrine and Discipline order and regulate all callings in their Moralls of right and wrong of just and unjust yet is not the Pastor the only Governour in all externals 3. If Christ changed nothing of the Iewish Government we have all their exclusion of men out of the Campe their separating of the unclean and their politick and Ceremoniall Lawes which is unsound Divinity Erastus Moses Ruled all before there was a Priesthood instituted God Exod. 4. Numb 12. calleth Aaron to his office and maugurateth him by Moses nor doth he command him to exercise a peculiar judgement when he declareth his office to him and when Aaron dieth Moses substituteth Eleazar in his place Ioshua c. 3 4 teacheth the Priests what they should doe and commanded them to circumcise Israel so did Samuel David Solomon and in the time of the Maccabees it was so Ans Moses was once a Prophet and Iudge both Ergo so it may be now it followeth not except Moses as a Magistrate did reveale what was the Priesthood What Aaron and Eleazer his sonnes might doe by as good reason Moses David Solomon Ioshua as Magistrates wrote Canonick Scripture and prophecied Then may Magistrates as Magistrates build new Temples typicall to God give new Laws write Canonick Scripture as these men did by the Spirit of prophecy no doubt not as Magistrates for why but they might sacrifice as Magistrates and why should Moses rather have committed the Priesthood and the service of the Tabernacle due to him as a Magistrate so to Aaron and his sonnes as it should be unlawfull to him as a King and unlawfull to Vzziah to burn incense and to sacrifice and to doe the office of the Priest If the Magistrate as the Magistrate doe all that the Priests are to doe as Priests and that by a supream principle and radicall power in him he ought not to cast off that which is proper to him as a Magistrate to take that which is lesse proper he casteth the care and ruling of souls on the Priests and reserveth the lesser part to himself to rule the bodies of men with the Sword all these are sufficiently answered before Erastus The King of Persia Ezra 7. appointed Iudges to judge the people and teach them but there is no word of Excommunication or any Ecclesiastick punishment but of death imprisonment fines nor did Nehemiah punish the false Prophets with any other punishment Iosephus speaketh nothing of it nor Antiochus Ans I shew before that there is forâ—eiting and separation from the Congregation Ezra 10. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he shall be separated from the Church 2. If the King of Persia appointed men to judge and teach the people why should he deny any judicature at all 3. Where ever Iosephus speaketh of the judging of the Priests as he doth antiq l. 11. c. 7. ant l. 11. c. 8. l. 12. c. 9. he hinteth at this Erastus Christ dischargeth his Disciples to exercise dominion Christ would not condemne the adulterous woman nor judge between the brethren Luke 12. Paul calleth Ministers dispensators stewards Peter forbiddeth a dominion Ans Let Erastus be mindfull of this himselfe who yet saith that the Magistrate may both judge also if he have time dispence the
Christ spake many things to them that they bothforgot knew not till the holy Ghost came upon them And their not asking Question will not prove they understood all he spake sometimes they were afraid to ask him 2. The Jewish and Christian Church have not such essentiall differences but they knew by the ordinary notion of the word Church a Convention that professed the Doctrine of the Prophets and of the Law and Gospel And what such great difference is there between a brother and a brother Iew and a Brother Gentile as they behoved to understand the one and be utterly ignorant of the other And what necessity to restrict it to Iews only Christ had often spoken to them of the incoming of the Gentiles as Matth. 8. 11. Joh. 10. 16. Matth. 10. 18. Did the Disciples know the Kings Councels Indicatures of the Gentiles that Christ said they should be convented before Matth. 10. 17 18 19 And because Erastus is so confident that the word Church here is the Civill Magistrate Let any Erastian teach me what is meant by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church Matth. 16. 19. Is it the Civill Magistrate Is the Civill Magistrate built on a Rock Shall the Ports of Hell never prevail against the Civill Magistrate Can no Magistrate make defection from the truth And doth Erastus or his believe in their conscience that the Disciples understood Christ Matth. 16. for he spake of both to the Disciples to speak of the stability and strength and perseverance of the Christian Magistrate And that the Ports of Hell should never prevail against the Iewish Sanedrim and Church which crucified the Lord of glory and persecuted his Apostles and all professing the Name of Iesus to the death 3. Heathen and Publican in generall were names as opposite to Christian Brethren as to Iewish Brethren as I have proved before Erastus The vvord Church to the Hebrevvs signifieth either a multitude or the Senate or Magistrate as Num. 35. Church is four times Josh 20. Tvvâ—ce Psal 82. Once and it signifies the Magistrate So vve say the Empire hath done vvhat the Emperour vvith the States of the Empire hath done So the Church or Convention think so because the chief amongst them think so the Common Wealth hath done this because the Senate hath done this Ans The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Num. 35. 12. But in all that Chapter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now how this signifieth one Magistrate which ever signifieth a collection or multitude of rulers I leave to the learned so Erast faileth yet in his probation 2. Suppose the word Church signifie the heads of the people how shall Erastus prove that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth the senate of Civill Magistrates for in this Congregation were the Priests and Levites especially that judge between blood and blood voluntary or involuntary homicide Deut. 17. â—2 13 14. 2 Chr. 19. 8 9. It is true also that the man that killed another unwittingly was to be protected in the City of refuge while he should stand before the faces 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Congregation But let Erastus and all who will have the Bishop or the Pope the representative Church know that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Congregation ever and alwayes be a collective word as populus the people signifieth a multitude never by Grammer one single man hoc nomen saith Pagnine certum conventum sive cetum significat certum Collegium it alwayes signifieth a socâ—eâ—ie as the Princes of the Congregation Num. 16. 2. all the Princes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Congregation Exo. 34. 31. here is a number and a societie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Aristotle can be atributed to no fewer then to three at least Speak to all the Congregation of Israel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exodus 12. 3. and the Congregations of peoples 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall compasse thee about Psal 7. 8. Nor shall sinners stand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Congregation of the just Psal 1. 5. Thou hast made desolate all my Congregation Iob. 16 7. 2. The word is from a root that signifieth to conveene and gather together 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Therefore Iud. 14. 8. a swarme or a Congregation of Bees is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Congregation And that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church since the world began never signified one single man either King Magistrate Pope or Prelate But alwayes a multitude either of rulers or people I appeal to Demosthenes Homer Phoâ—illides Hesiod Lucian Pluto Aristotle to Suidâ—â— Stephanus Scapula or for the word Cetus Congâ—egatio to all Latine Authors to the seventy interpreters in the Old Testament to Hyâ—ronimus all the Greek Fathers and to the Evangelists and Apostles in the New Testament to Act. 19. 32. Eph. 5. 23. Act. 8. 13. Rom. 16. 5. 1 Cor. 1. 2. 2 Cor. 1. 1. Gal. 1. 2. 1 Thes 1. 1. 2 Thess 1. 1. Act. 15. 3 4 22. Act. 16. 5. Act. 14. 23. Rev. 1. 20. Rev. 2. 1. and for Psal 82. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there is a Congregation of Gods or Magistrates and v. 6. All of you are Children of the most high he speaketh evidently of a multitude of Iudges 3. Suppose the Empire be said to do what the Senate Parliament or great Councell of the Empire or Kingdome doth This will not prove that the word Church in either of the Originall Tongues Hebrew or Greek doth signifie one man so as Tell the Church must be all one with Tell one single Magistrate or Tell one Prelate or one Pope and he that will not hear the Magistrate that is the King or one single Magistrate alone without any fellow Magistrates he being a Christian is to be dealt with as an heathen and a publican and not as a Christian brother For what the King doth alone without his Senate is never called the deed of the Senate farre lesse the act or deed of the whole Ecclesia of the Kingdome produce any shaddow of Grammer for this Now to Erastus Tell the Church is all one with Tell the single Christian Magistrate alone separated from Fellow-judges or Councell Senate Parliament Ecclesiasticall Assemblies and if he hear not and obey not this one single Christian Magistrate let him be to thee as a heathen and a publican For Erastus will have the Civill Magistrate though the whole Church and Pastors should judge the contrary to have power by vertue of his office to determine against Pastors and Elders Yea by his office he is to command them to preach and synodically to determine this and this and what they determine they do à et sub Magistratu under and from this one single Magistrate as his servants instruments Vicars and deputies and therefore the Magistrate cannot sentence in the name of Pastors Elders when they are but his servants And 2. When he may by his office do
and God inviteth them to repentance and the staying in the Church And the Sacraments are to Erastus means of repentance and this casting out must be to save them for no power is given of God to the Magistrate or Church for destruction but for edification Now to put them out of the Church that they may be saved is as Erastus conceiteth to cast a lascivious Virgin out of the company of chaste Matrâ—ns to the end she may preserve her chastity I speak here all in the language of Erastus who useth all those against casting any out of the Church by Presbyters but they stand with equall strength against his casting out of idolaters and apostates out of the Church and so do the rest of his Arguments Therefore this conclusion of Erastus is a granting us the whole cause after in six books he hath pleaded none should be Excommunicated he falleth on Bellarmines Tutissimum igitur c. when he had written six books against justification by faith Lastly why should idolaters apostates and obstinately wicked men be excluded from the dispute of Excommunication and suspension from the Sacraments for he knoweth that Beza and Protestant Divines do make these the speciall though not the whole subject of the dispute Now Erastus concluding his six books doth hereby professe he hath never faithfully stated the question when he excludes those from the subjectum questionis who especially heareth not the Church and ought to be Excommunicated Thus have I given an account as I could of the wit of Erastus against the freedome of the Kingdome of the Lord Iesus CHAP. XXIII Of the power of the Christian Magistrate in Ecclesiasticall Discipline QUEST XIX Whether or no the Christian Magistrate be so above the Church in matters of Religion Doctrine and Discipline that the Church and her Guides Pastors and Teachers do all they do in these as subordinate to the Magistrate as his servants and by his Authority Or is the spirituall power of the Church immediately subject to Iesus Christ only VVEE know that Erastus who is Refuted by Beza Vtenbogard whom Ant Walens Learnedly Refuteth Maccovius opposed by the Universities and Divines of Holland Vedelius Answered by Gu. Apolonius and others and the Belgick Arminians in their Petition to the States and Hu. Grotins against Sibrandus Lubert Divers Episcopall Writers in England do hold That the Guides of the Church do all in their Ministery by the Authority of the Christian Magistrate I believe the contrary And 1. We exclude not the Magistrate who is a keeper of both Tables of the Law from a care of matters of Religion 2. We deny not to him a power to examine Heresies and false Doctrine 1. In order to bodily punishment with the sword 2. With a judgement not Antecedent but Subsequent to the judgement of the Church where the Church is constituted 3. With such a judgement as concerneth his practise lest he should in a blinde way and upon trust execute his office in punishing Hereticks whether they be sentenced by the Church according unto or contrary to the word of God as Papists dream 3. We deny not but the Prince may command the Pastor to Preach and the Synod and Presbytery to use the keys of Christs Kingdom according to the Rules of the Word But this is but a Civill subjection though the object be spirituall But the Question is not 1. Whether the Christian Magistrate have a care of both Tables of the Law 2. Whether he as a blinde servant is to execute the will of the Church in punishing such as they discern to be Hereticks we pray the Lord to give him eyes and wisdom in his Administration 3. Nor thirdly Whether he may use his coercive power against false Teachers that belongs to the controversie concerning Liberty of Conscience 4. The Question is not Whether the Magistrate have any power of jurisdiction in the Court of Conscience they grant that belongeth to the Preaching of the Word But the Question is touching the power in the externall Court of Censures 5. The Question is not Whether the power of exercising Discipline be from the Magistrate I mean in a free and peacable manner with freedome from violence of men we grant that power and by proportion also that exercise of Discipline is from him But whether the intrinsecall power be not immediately from Christ given to the Church this we teach as the power of saying peacably from danger of Pirats and Robbers is from the King but the Art of Navigation is not from the King But the Question is whether the Magistrate by vertue of his office as a Magistrate hath Supream power to Govern the Church and immediatly as a little Monarch under Christ above Pastors Teachers and the Church of God to Iudge and determine what is true Doctrine what Heresie to censure and remove from Church-Communion the Seals and Church-offices all scandalous persons and that if Pastors or Doctors or the Church Teach or dispense censures they do it not with any immediate subjection to Christ but in the Name and Authority of the Magistrate having power from the Magistrate as his servants and delegates To this we answer negatively denying any such power to the Magistrate and doe hold that the Church and Christs courts and Assemblies of Pastors Doctors and Elders hath this power onely and immediately from Iesus Christ without subordination in their office to King Parliament or any Magistrate on earth by these Arguments 1. Because in the Old Testament the Lord distinguished two courts Deut. 17. 8. If there arise a matter too hard for thee in judgement 10. Thou shalt come unto the Priests the Levites and unto the Iudge that shall be in those dayes and inquire and they shall shew thee the sentence of judgement And thou shalt doe according to the sentence which they of that place which the Lord shall chuse shall shew thee c. There be here two Courts clearly one court of Priests and Levites that were Iudges another of the Iudge Now the King by vertue of his Kingly office might not usurpe the Priests office 1. Vzziah was smitten with Leprosie for so doing 2. It is evident in Moses his writing that Aaron and his sonnes the Priests and Levites were separated for the service of the Tabernacle to teach the people to carry the Arke to sacrifice to judge the Leper and to judge between the clean and the unclean to put out of the campe out of the congregation the unclean and to admit the clean Lev. 1. 7 9 12 c. and 5. 8. and 7. 7. and 13. 3 4 c. 23. Numb 5. 8. c. and 18. 4 5. 2 Chron. 29. 11. You hath the Lord chosen to stand before him 1 Sam. 21. 1 2. Lev. 21. 1. Iosh 3. 8. 1 Kin. 8. 3. 1 Chron. 8. 9. 2 Chron. 5. 7. and 7. 6. and 8. 14. Zeph. 3. 4. Hag. 2. 11 12. Mal. 2. 7 Deut. 10 9. and 21. 5. Num. 1.
29. Deut. 10. 8 18. Numb 1. 50. and 3. 9 12 41. and 8. 10. Psal 122. 5. In Jerusalem there were set thrones of judgement the thrones of the house of David Mat. 22. 21. Christ commanded to give to Cesar the things that are Cesars and he in his own person refused to usurpe Cesars place Luke 12. 14. Man who made me a Iudge and interdicted his Apostles thereof Luke 22 24 25 26. and yet appointed for them a Judicature of another kinde Mat. 18. 15. Mat. 16. 19. Ioh. 20. 21. 1 Tim. 5. 17. Heb. 13. 17. 1 Cor. 5. and if any should deny that the Civill Magistrate had another Court in which he judged the Scriptures will refute him 3. It is evident that Iehoshaphat did not institute but restore those two courts 2 Chron. 19. 11. And behold Amariah the chiefe Priest is over you in all matters of the Lord and Zebadiah the son of Ishmael the ruler of the house of Iudah for all the Kings matters never any Erastian could satisfie either themselves or others to shew us what were those two courts so distinguished by their two sundry Rulers Amariah and Zebadiah the one a Priest the other a Magistrate 2. By the different formall objects the matters of the Lord the matters of the King and confounded they must be if the King and Ruler be a judge in the matters of God except God make him both a civill judge and a Prophet as were Moses and Samuel which yet were differenced when the God of order established his Church in Canaan The Church convenes for a Church businesse Iosh 18. 1. to set up the Tabernacle but for a civill businesse to make war the State conveneth Iosh 22. 12. 15. 16. Iudg. 21. 12. and Ier. 26. 8. there is the Church judicature discerning that Ieremiah was a false Teacher and they first judge the cause and v. 16. The Civill Iudicature discerneth the contrary and under Zorababel Ezra and Nehemiah they indured different judicatures Iesus Christ was arraigned before Caiphas the High Priest for pretended blasphemie before Pilate the civill judge for treason but Caiphas was to determine onely by Law in questione juris whether it was blasphemie which Christ had spoken but he had no power by Gods Law to lead Witnesses or condemn Christ Nor is it true that the Priests had their government onely about Ceremonialls for they were to judge of Morall uncleannes also which even then debarred men from the holy things of God as is cleare Hag. 2. 12. Ezek. 44. 9. 10 23 24. and if any say that the Magistrate amongst the Iewes did judge of Ecclesiasticall things and reformed Religion We answer extraordinarily the Magistrate might prophecie and did prophecy as did Samuel David Solomon Why do not Erastians bring those examples to prove that Kings Provasts Iustices may now preach the Word and administer the Sacraments which yet is unlawfull to them by grant of Adversaries for the examples of the Kings amongst the Iewes is as strong for preaching as for governing and because Prophets did judge the people of old yet no Protestant Divine will say that now Pastors may also usurpe the civill Sword Now least any should object the case is not alike in the Jewish and Christian Church surely the King of the Church hath no lesse separated such men as Paul and Barnabas for the Ministery now then at that time Rom. 1. 1 2. Act. 2. And sent labourers to his vineyard Luk. 10. 2. Matth. 20. 2. 9. 37 38. And Ambassadors to Preach in his Name 2 Cor. 5. 20. Ministers of Christ and Stewarts of the mysteries of God 1 Cor. 4. 1. Men sent of God whose feet are pleasant for their good News as were the Prophets of old who were not only gifted to preach but instructed with Divine Authority as is clear Rom. 10. 14. 15. Isa 52. 7. 40. 9. Nahum 1. 15. Yea and men that feeds the flock not only by Preaching but also Govern the Church so that they must take heed that Ravening Wolves creep not into the Church who shall not spare the flock Act. 20. 28. 29. Men who must be obeyed because they watch for our soules Heb. 13. 17. And can govern the Church as well as they are apt to teach 1 Tim. 3. 5. 2. Men that labour amongst us and are over us in the Lord 1 Thes 5. 12. And men who are to call to the work other faithfull men that are able to teach others 2 Tim. 2. 2. Such as are separated from the affairs of this life such as Magistrates are not 1 Cor. 6. 3. such as Rule well 1 Tim. 5. 17. and are not to receive accusations but under witnesses and are to lay hands suddenly on no man not to call them to the holy Ministery till they be sufficiently tryed 1 Tim. 5. 19 20 22. all which import teaching and governing Now if all these directions be given to Timothy and other Pastors till the end of the world then must all these directions be principally written to the Magistrate as the Magistrate and these Epistles to Timothy agree principally to the Christian Magistrate and to Pastors and Doctors at the by as they be delegates and substitutes of the Magistrates and that by office the Emperour of Rome was to lay hands suddenly on no man and commit the Gospel to faithfull men who could teach others and was not to receive an accusation against an Elder and certainly if the Magistrate call to office those that are over us in the Lord and if those who watch for our soules especially be but the curates and delegates of the King and Parliament then the King and Parliament behoved in a more eminent manner to watch for our souls for directions and commandments of God in this kinde are more principally given to the Master Lord and chief Governour of the house of God if the Magistrate be such then to the servants delegates But where is there any such directions given to the Emperour King or Christian Magistrate by any shadow of ground in the Word It is not much to say The Magistrate was an heathen an enemy at this time and therefore those could not be written to him For 1. No force can strain these two Epistles to Timothy and the other to Titus which contain a form of Church-policy to any Christian Magistrate for then the qualification of the King if he be the supream Governour of the Church should far rather have been expressed then the qualification of a Bishop and a Deacon which is no where hinted at 2. All these directions notwithstanding this do and must actu primo agree to the Magâ—strate for his office who is chief governour what he should be is described in the Word 3. When Christ ascended on high he gave as a fruit of his ascension sufficient means for his intended end The perfecting of the Saints the gathering of his Body the Church and the edifying thereof even
till we all meet in the Vnity of the Spirit and the knowledge of the son of God unto a perfect man Eph. 4. Now neither in that place nor in any other place did Christ give a Magistrate for the edifying his Body the Church but only those that are but his Delegates Apostles Prophets Evangelists Pastors Teachers iâ— the Magistrate be the only Governour of the Church and he who sendeth into the Vineyard those who edifie the Body the King should have been first in this Role as the only supream gatherer edifier and builder of the Church It cannot be said The Ruling Elder then because he is omitted here should not be the gift of Christ given to Edifiâ— the Church and by this it must be denied that the King the Nurse father of the Church who is to take care that the Children be fed with the sincere milk of the Word is given of God to edfâ—ie the Church because he is not nameâ— here Ans Our Divines as Calvin Beza Marlorate do strongly gather from this place that because the Pope pretended to be the Catholick edifier of the Church is not here in this Text nor in any other scripture that therefore he is not the head of the Church and the King being pretended to be the only eminent gatherer of the Church and Supream Governour in all Causes Civill and Ecclesiasticall he should especially have been set down here he being a mixed person and more then half a Church-officer in the minde of the Adversary And there was no colour of reason why the supream and only Head and principall Governour of the Church should be omitted at least the Magistrate should be in some other Scripture as the only Church Governor seeing the Adversaries make Pastors Doctors Elders and Deacons only the Delegates and Servants of the Magistrate 1. As God calleth the King to governe the people by the free election of the people so if the Magistrate be called of God to teach and govern the Church this calling of his should be in the Scripture as his calling to the Throne or Bench is Deut. 17. 14. 15 c. 1. 15 16. Rom. 13. Tit. 3. 1 2. But in neither the Old nor the New Testament finde we any Prince or Ruler separated for the holy things of God to be ` Priest Apostle Pastor Prophet Teacher by vertue of his office as if he were a mixed person as the Adversarie say No David is called to Sacrifice no Constantine to preach and Administrate the Sacraments by vertue of the Magistrates place 2. If any Reply that the Christian Magistrate is a means ordained for that spirituall end the gathering and edifying the Church in regard the keepeth not only the second Table of the Law and so promoteth not only the Temporall good of the State in promoting mercy and Justice only but also in procuring spirituall good to the people in preserving the first Table of the Law I Answer That the Christian Magistrate doth both but 1. Not directly by being the intrinsecall means in actibus elicitis in elicite and intrinsecall acts promoting edification in both Tables of the Law of which the Scripture speaketh Eph. 4 11. but a far other way 1. In imperated and commanded acts extrinsecally as he doth command with the sword for Peaces cause in all callingâ— in sailing trading painting c. promoting it by carnall means by the sword which belongeth not to the officers of Christs Kingdom 2. Not necessarily as the Pastors and Elders without which Christ hath no externall visible Kingdom on earth whereas he hath had often hath a compleat flourishing externall visible Kingdom without Magistrates yea where Magistrates have been open enemies to the Gospel 3. Not directly the Magistrate doth this but in so far as he admitteth as Triglandius saith the Church of Christ within his State which he may and often doth refuse to do and yet be a compleat Magistrate and therefore the Magistrate may two wayes procure the spirituall good of the Church 1. By procuring that the Nurses give good and wholesome milk to the Church 2. Permodum removent is prohibens which is also a cause for he may save the flock from great temptations when by his sword he driveth away the Wolves from the flock But not any of these bringeth the Magistrate within the lisâ— of the number of these intrinsecall 2. Necessary 3. Spirituall gifts which Christ ascending on high gave for the Edifying of his Body the Church Two powers so different as spirituall and temporall 2. As powers carnall of this world and spirituall not of this world And 3. Both immediatly subject the one to God the creator the other to Christ the Redeemer and Head of the Church and so co-ordinate and supream both of them in their own kinde cannot be so subordinate as the temporall should be the supream in the same kinde the spirituall the inferiour and subordinate But these two powers are so different as spirituall and temporall carnall of this world spirituall not of this world the one subject as supream immediatly to God creator the other supream immediately subject to God the redeemer Ergo Those powers of Governing are not so subordinate as the Temporall should be supream the spirituall subordinate to it The Major is undeniable for it involveth a contradiction that two supreame co-ordinate powers should be two not Supreame but subornidate powers The same way I prove the Assumption 1. The Magistrates power is supreame from God Rom. 13. 1. The Powers that are be of God Prov. 8. By me Kings reigne for no Ecclesiasticall power nor any power on earth interveenes between God the Creator and the power of the civill Magistrates But God who giveth being to a society of men hoc ipso because they are a society of reasonable men hath given to them a power immediately from himselfe to designe such and such to be their Rulers Shew us any higher power above the Magistrates but God the creator making the civill power Never man dreamt that the Spirituall power of the Church doth interveen as an instrumentall cause of the politick power 2. By order of nature a politick power is first men are first men in naturall and politick society ere they be in a supernaturall pollicy or a Church and Christ did not make a spirituall power by the intervention of a civill power 2. The power of the two Kingdoms are distinguished by Christ Iohn 18. 36. Iesus answered my Kingdome is not of this World then the power thereof is not of this World if my Kingdome were of this World then would my servants fight that I should not be delivered to the Iewes The one power is coactive by the Sword the other free voluntary by the Word Erastus had no reason to infer thence that Christs Kingdome is onely internall and invisible not externall and visible because Christ opposeth his Kingdom to a fighting Kingdom using the sword to defend him from
not subordinate to the Ministers of the Gospel as Ministers far lesse to the Magistrate as the Magistrate because it dependeth upon none on earth Minister or Magistrate but the only good pleasure of him who when he ascended to heaven gave gifts unto men that there is such an office as Minister Pastor or teacher And the Church cannot create a new office of a Prelate because of its nature it tendeth to a supernaturall end the governing of Christs body in a way to life eternall purchased by Christ Now the question in this sense whether the power of the Ministery be subordinate to the Magistrate in its constitution it is alike in its subordination to Magistrate and Minister certain it is subordinate to neither Other lawfull and profitable offices and Arts are from God mediately possibly by the intervening acts of rationall nature though Magistracy be from God Rom. 13. 1. yet it would seeme God by the naturall reason of men might devise and constitute the very office of Magistracy in abstracto and the Art of sayling painting c. yet is there no subjection of power to power here by way of dominion Hence the question must be of the subordination of the power quoad exercitium whether Ministers in the exercising of their Ministeriall calling be subordinate to the Magistrate as the Magistrate 5. Dist A judge is one thing and a just judge another thing so here are we to distinguish between a Magistrate and a Christian Magistrate As 1. a husband is one thing and a Christian husband another thing a Captaine is one thing and a Christian and a beleeving Centurion or Captain such as Cornelius Acts 10. is another a Physitian is one thing and a gracious Physitian is another thing sure a heathen Husband hath the same jus Maritale the same Husband power in regard of Marriage union that a Christian and beleeving Husband hath 2. A Magistrate and a Christian Magistrate may be one and the same Magistrate with one and the same Magistraticall power as being first heathen Magistrate as Sergius Paulus Act. 13. 7 12. and there after converted to the faith Paulus was no lesse a civill Deputie when Heathen then when Christian and not more a Deputy as touching the essence of a Magistrate when a Christian beleever then he was before when a Heathen yet to be a Magistrate and to be a beleeving Magistrate are two different things even as Christianity is a noble ornament and a gracious accident and to be a Magistrate is as it were the Subject even as a man and the accidents of the man are two different things 6. There be two things here considerable in the Magistrates office 1. There is his jus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistraticall power or the authority officiall the power of office to beare the sword 2. There is aptitudo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a speciall heavenly grace of well governing this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a gift or grace of God to use that power for Christ These two make one Christian husband one Christian captain Physitian Master in relation to to the wife souldiers sick servants Now the Magistrate heathen as Magistrate even Nero when the Church of God is in his court and dominions hath the same jus the same Authority and Officiall power to be a keeper of both Tables of the Law and to defend the Gospell and to command the Preachers and Synods to fulfill their charge and to see that the officers doe their dutie and to punish dumbe dogs Idolaters excommunicated persons to drive away with the sword false Teachers from the flock he hath I say the same Magistraticall power while he is a Heatheâ— and when he is converted to the Christian faith and he is equally head of men that professe Christ when Heathenish as when Christian but in neither States is he the Head of the body the Church and you give not to Cesar the things that are Cesars if you make converted Nero because a Magistrate now the head of the Church and deny non-converted and heathenish Nero to be the Head of the Church for he is a Magistrate with compleat power of the Sword in the one case as in the other that he neither doth nor can use the sword for the Church it is from Nero his state of infidelity that he is in as a man and not the fault of his office for when Paul saith the Husband is the head of the Wife doth hee meane a Christian husband onely and exclude all heathen Husbands No for then the wife were not to be subject to the Husband if a Heathen and an unbeleever which is against Pauls mind 1 Cor. 7. and the Law of Nature But the converted Magistrate who was before a heathen Magistrate hath a new aptitude faculâ—y and grace to keep both Tables of the Law and to govern in a civill way and indirectly the affaires of Christs Kingdome Hence the adversaries clearly contradict themselves by confounding those two a Magistrate and a Christian Magistrate one while they give supream power over the Church to the Magistrate as the Magistrate sometime to the Magistrate as Christian So Vtenbogard in his book De officio authoritate supremi Magistratus Christiani in rebus Ecclesiasticis p. 7. and p. 8. hoc addo ut intelligatur Magistratum cum religioneÌ„ Christianam amplectitur non acquirere novam authoritatem sed quod eam authoritatem quam ante etiam in rebus religiâ—nis â—ultus divini habebat authoritateÌ„ rectè utitur If the Magistrate when he becommeth a Christian acquireth no new authority as a Magistrate but onely useth well his old Authority in matters of Religion and of Gods worship which he had before while he was Heathen as he saith then the Heathen Magistrate as a Magistrate hath a supreame power in Church matters and yet in the same place he draweth the state of the question to a Christian Magistrate De solo Christiano Magistratu acturus The Arminians in their Apologie fol. 297. as saith their Declaration speake onely of the Christian Magistrate and yet page 298. potestati enim supremae sive Architectonicae qua potestas suprema est jus hoc ut competat ratio ordinis sive boni Regiminis natura sua postulat si Magistratui qua tali jus hoo competit â—rgo multo magis competit Magistratui Christiano Sure if the Magistrate in generall and as the Magistrate have a supream Authority in the Government of the Church such as the Adversaries contend for then the Christian Magistrate farre more must be Head of the Church and so the Magistrate as the Magistrate must be supreame Governour and judge in all Ecclesiasticall causes and in these same causes he must not be Iudge as a Magistrate but as a Christian Nor can they make a Christian Magistrate à medium per participationem utriusque extremi a middle betweene a Magistrate and a Christian 1. For where is there such an
office in either Church or state for so a Christian Magistrate as a Christian Magistrate should be Ens per aggregationem a thing composed of Magistracy and Christianity as a Christian Physician a Christian Painter and then the question should be whether judgeth he as a Magistrate or as a Christian as we may aske whether a Christian painter painteth as a painter or as a Christian not as a Christian for then all Christians should be Painters and a result of both should neither be a Magistrate nor a Christian but middle between both which fighteth with reason and sense Some say The power of the Magistrate in a Christian Magistrate who knoweth the doctrine of the Gospell and hath help of the counsell and light of godly Pastors and Teachers is perfecter then in Heathen Magistrates and therefore this power as not Christian or heathenish governs men as men but as Christian it governeth them as Christian mâ—n But the learned and worthy professor Jac. Triglandius saith this is said without probation for saith he men as Christians are members of the Church and so are not governed but in an Ecclesiasticall way and where hath the Lord commanded the Christian Magistrate to governe the sheep of Christ as the sheep of Christ Then say I 1. The magistrate must governe the Church as the Church and so rule over the conscience of men in relation to eternall happinesse by promising to them temporall rewards and by compelling them by the sword to be carried toward eternall beatitude for to rule the Church as the Church is to direct and lead them by spirituall means Word Sacraments and Discipline to heaven which the magistrate as a magistrate cannot do by the sword and what he doth as a Christian that he must do in a spirituall way not with a secular arm and power as magistrate and the two powers of a magistrate and of a Christian cannot coalescere grow together in one office which is made up of both as of two parts being in nature and spece different no more then of a Horse and a Lyon you can make a third living creature It is true by Grace and Christianity the power of the magistrate is perfected and an excellent lustre added to it but not one degree of Magistraticall power is added to it by which the magistrate doth rule men as Christians and as a Church For as the office of a magistrate doth not promote the man one step nearer to saving Grace so Christianity maketh not the Heathen magistrate more a magistrate nor giveth him a new sword over the Church as the Church which he had not before nor doth it take any magistraticall power from him no more then a heathen Husband Master Physician being converted to Christ is more a husband more a master or Physician then he was before The former power is only spiritualized and graciously facilitated in its acts but not one whit augmented in its entitative degrees of power over the wife the souldiers the servants the sick Triglandius excellently The Christian magistrate converted is sanctified but he acqâ—ireth no new right over the Church So meat is sanctified by the Word and Prayer but it is not more meat nor doth more nourish because sanctified 7. Distinct The exercise of the Ministeriall power in dispensing Word Sacraments Discipline falleth under a fourfold consideration which because it cleareth a necessary point I desire may be carefully observed by the Reader 1. The simple exercise of that power is considered sine modo without any qualification good or evil Orthodox or Heterodox as the Christian Magistrate procureth by his care that there should be a Ministery to dispense Word Sacraments and Disciplinâ— 2. The second Consideration of this exercise is The exercise of power soundly and painfully in the fear of the Lord the Magistrate exhorting them thereunto for conscience 3. The third Consideration is the exercise of the same in a corrupt and wicked way and manner either negligently or wickedly or for evil ends 4. The fourth Consideration is the free and peaceable exercise of this power without bodily violence Hence I intreat the Reader to carry along in his â—ye 1. The simple exercise of the Ministeriall power 2. The just and godly sound and laudable exercise 3. The wicked and corrupt exercise or the abuse thereof 4. The peaceable exercise Hence our 1. Assertion The Magistrate as the Magistrate is to procure that there be Preachers and Church-officers to dispense Word Sacraments and Discipline For 1. his end is That people under him may lead a quiet and a peaceable life in godlinesse and honesty 1 Tim. 2. 2. And the Magistrate attaineth his end as a Magistrate if there be simple exercise of Religion in the quiet and peaceable way that may consist with the subjects indempnity and immunity from rapine injuries and violence 2. The difference between the Magistrates and other callings is that the Magistrate was to take care of old That there were Levites who bare the Ark and Priests who should burn incense before the Lord and Sacrifice and yet it was unlawfull for the Magistrate to bear the Ark on his own shoulders or in his own person to burn incense or sacrifice so the Physicians hinder that diseases rage amongst the subjects and the Magistrates do also hinder that they should rage But the Physians hinder them by curing diseases and the Magistrate hinders them not by curing diseases for then he should as a Magistrate also be a Physician but by procuring that there should be Physicians in the Common-wealth The Magistrate hindreth ignorance and losing Ships by Tempests not by professing and teaching Sciences and Arts in Academies in his own person nor by steering Ships and guiding them himself to their Ports for so a magistrate as a magistrate should be a Schoolmâ—ster a professor of Arts and Sciences in the Universities and a Pilot or Shipmaster which were a confounding of all callings but by procuring that there should be Universities and Professors of Arts and Sciences and by providing honorable stipends and wages for them and procuring that in the Common-wealth there should be Sailers who are skilled in Shipping and so doth the magistrate by his office take care that the Word Sacraments and Discipline be dispensed 3. But the magistrate as the magistrate doth noâ— command sincere hearty zealous and affectionate dispensing of Word Sacraments aâ—d Discipline But only the dispensing of those without the qualification of the spirituall or sincere exercise of the power Because 1. The Magistrate cannot command that as a magistrate which he cannot judge of whether the thing commanded be consonant to his command or not But the magistrate as the magistrate cannot judge of the spirituallity sincerity zealousnesse affectionatenesse of that obedience which the Church yieldeth to his command for if the Pastors dispense word and Sacraments and binde and loose by the keys following the rules of the word the magistrate
as Saylors subjects these reduplications be consening and deceiving notions painters as painters are regulated by Art subject to be judged by painters but as men they are subjects so are Ministers as men subject to Cesar as Ministers they are the servants of Christ not subjects Ob. As Ministers they are either Magistrates or subjects but Ministers as Ministers are not Magistrates He that is not with Christ is against him M. Coleman in his Brotherly examination p. 21. saith He that doth not manage his office under Christ and for Christ must manage it under the Devil and for the Devil if therefore the Christian Magistrate do not manage his office under and for Christ he must manage it under or for the Devil which were blasphemous Ans I deny the Major proposition Ministers as Ministers are neither Magistrates nor subjects but formally the separated servants of Christ set a part for the work of gathering the Saints Now to be subjects is to be judged by the Magistrate in those things in which they are subjects that is in all Civill businesse they are and false teaching discerned by the Church to be false teaching or in case the Church corrupt themselves then are Ministers obnoxions to bodily punishment to be inflicted by the Magistrate But this is properly to be a subject of the Magistrate to be lyable to the civill cognizance trying and bodily punishment inflicted by the Magistrate and to be a subject and a member of the other Kingdome is to be subject to the Ecclesiasticall cognizance tryall and censure of the Church as a matter that concerneth the soul hence the former concerneth the body and outward man the latter the inner man and the soul 2. The former concerneth peace with men and edification to be procured by a mean extrinsecall to edification to wit by the sword the latter concerneth peace with God by a spirituall sword the Word of God 3. The former is carnall and of the Kingdome of this world the latter spirituall and of Christs other Kingdome that is not of this world Ioh. 18. 36. 4. The former worketh by coaction and bodily violence the latter by removing unwillingnesse and making a rebellious soul obedient 5. The former is an act of justice not terminated on repentance or the mans turning to God as an end for whether this end be obtained or no the Magistrate is to use the sword the other is terminated on repentance as its end He that is not with Christ is against Christ and with the Devil It s true in all professors of the Gospel as professors no man but he must be either on the one side or on the other either for or with Christ or against him But it is not true with every reduplication thus Ministers as Ministers are subjects of or to the King and to obey him in the Lord and so with Christ hath this sense Ministers essentially and formally are subjects of or to the King to obey him in the Lord so as Ministers do lose the essence and formality of the office of the Ministery if they be not the Kings subjects and with Christ this is most false for Iudas should not be a Minister of Christ then in that he was not subject to the Law of Cesar that is that the servant and disciple should be for and under his master and Lord it only followeth Ergo Iudas was not a godly Minister but under the Devil not under Christ Magistrates do neither essentially as Magistrates cleave to Christ nor â—ight against Christ but as holy men they cleave to Christ as sinfull men they fight against Christ 2. Master Coleman knoweth that we speak of the office of a Magistrate as a Magistrate not under the accidents of Christian or heathenish there was no reason he should apply his Argument to the Parliament except to make us odious as if we did not as much honour or pray for the Parliament and King as himselfe But it concludeth equally against all Magistrates and let him see it in a heathen Magistrate as a Magistrate for a heathen Magistrate as a Magistrate doth either manage his office under Christ and for Christ or under the Devil and for the Devil This I and Master Coleman also shall deny for a heathen Magistrate as a Magistrate doth not manage his office under or for Christ as mediator because he is utterly ignorant of Christ for he hath no more but what God as creator and nature gave him saith Master Coleman pag. 20. and the other horne of the Argument is as weak for this The heathen Magistrate as such manageth his office under or for the Devil is blasphemous for so Magistracy and the office should be intrinsecally unlawfull and for the Devil But it is intrinsecally the Ordinance of God Rom. 13. and apply this to God as creator it shall appear of force The Magistrate as the Magistrate doth either manage his office under and for God creator or under and for the Devil The former part is true because God creator and nature made the office of Magistracy apply it to a heathenish husband Father Master Musitian Painter under these reduplications and it shall make the relation of Husband Devilish or this proposition a Husband a Father as a Father and a Husband manage their office under and for Christ the mediator or under or for the Devil is most false and blasphemous the former part is false for there should have been and was Father and Husband which did manage the duties of these relations for God creator not for Christ mediator though Christ had never taken on our nature never been mediator never been King and Priest of his redeemed Church The latter part is blasphemous for then Adam had managed the part of Husband and Father under the Devil and for the Devil even before he fell in sinne and in the state of Innocency 3. Mr. Colemans meaning is that the Magistrate as the Magistrate and by office is under Christ mediator as his supream and immediate vicegerent as mediator now in this sense Christs saying he that is not against us is with us shall not prove the truth of the proposition which must be this and is most false to wit that The Magistrate as the Magistrate by office is either under Christ mediator as the supream and immediate vicegerent of him as mediator or he is by office under the Devil This we deny for one might argue thus of the Apostle Paul who was either as an Apostle for Christ or against Christ Paul as an Apostle is either under Christ the mediator and his supream and immediate vicegerent having power of both Swords or he is under the Devil The proposition is most false for Paul is neither of them so say we here the Magistrate doth neither manage his office as a Magistrate under Christ mediator as his Vicar and a little head of the Church nor yet doth the Magistrate manage his office under or for the
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 baâ—â—e in divers respects I think Aâ—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 ediâ—icatioâ— 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 Aâ—â—â—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 â—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 contrâ—dictorious tumults and blood arise from preaching the Gospel what then Ergo the Gospel is a masse of contradictions â—â— followeth not The â—umulâ—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 â—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
appealed to Cesar if he had been a Christian in the controversie touching circumcision he should have determined who were perverters of souls who not and should have said by his office as Emperour It seemed good to the holy Ghost and to me 3. We have not any practise or precept or promise in the Old or New Testament for any such appeal except they say all hard questions belonging to the Priests office were to come before Moses as a civill Magistrate and not as the great Prophet to whom God revealed his minde 4. If so then all Church controversies in doctrine and discipline should be ultimately resolved into the will of the Magistrate speaking according to the word and faith in most points should come by hearing a Magistrate determining against Arrius that Christ is God consubstantiall with the Father and all binding and loosing in Earth as in heaven should be from the Magistrate as the Magistrate he should forgive and retaine sins and Christ should have given the keyes of the Kingdome of Heaven to the Magistrate as the Magistrate certainly we should have the doctrine of the Church of Christ and the building and edifying thereof most obscure in the New Testament in which there is not one word of such a supream and chiefe officer as the Magistrate 5. The Parliament colledge of civill judges as they are civill Magistrates should be the Church assemblies and determine all doctrines debarre the ignorant and Hereticks and Apostates from the Sacraments and totally cast them out of the Church and excommunicate them I see not but then the Parliament as the Parliament is the Church and the two Kingdomes Ioh. 18. 36. must be confounded and no difference at all made between the civill state and the Church because the Magistrate as the Magistrate is made by the adversaries the chiefe officer over the Church the Ecclesiasticall head the mixt Governour halfe civill whole Ecclesiasticall in whose power all Pastors Elders preach dispense Sacraments make Church-canons as his Ministers and Servants Christ when any brother trespasseth against a Christian brother saith Tell the Church never Tell the christian Magistrate But truly it is a great mistake in the learned Mr. Pryn to call them Anti-Monarchicall Anti-Parliamentary and Novators who deny that the Parliament hath any Nomothetick power in Church-canons Nor hath hee in any measure answered the Arguments of those Learned and godly Divines Mr. Iohn Goodwin and Mr. Hen Burton he is pleased to cite the practise of many Parliaments of England who laudably impatient of the Popes yoke have made Church-canons when the man of sin sate upon the neck of the Christian church but these numerous citations of Parliaments and Councels in time of Popery conclude nothing against us who grant when the Church is not her selfe the christian Magistrate may extraordinarily reform and take from the man of sin his usurped power but in a constituted Church the case must be otherwise and 1. Whereas he proveth Emperors and Kings to have a power to convocate Councels It hath not strength against us all our Divines teach so But how 1. an accumulative civill power so Iewel Alley Bilson Whitaker Willet White Roger he might have cited more but no privative no Ecclesiasticall power so as Synods may not lawfully conveen without the command of the civill Magistrate our Divines say many Synods and Church meetings were in the Apostolique Church without the consent and against the will of the civill Magistrate our Divines oppose the Pope who claimeth the only accumulative civill privative and Ecclesiastick power to convocate Synods and that no Synods are lawfull without the consent and mandate of the holinesse of such a Beast 2. Master Prinne saith The Magistrate hath power to direct for time and place and to limit for matter and manner the proceedings liberty and freedome of all Church Assemblies But 1. he asserteth this in the most from corrupt practises 2. He proveth Laymen should have hand as well in Synods as Clergymen the one having interest in the faith as well as the other Ans Then must all the people be members of Synods for all have alike interest of Faith but this proveth not interest of defining which is the question in dispensing Word and Sacraments they have interest of trying all things as well as Pastors but it followeth not Ergo they may dispense Word and Sacraments no lesse yea more principally then Pastors as Erastus saith the Magistrate more principally determineth Synodicall constitutions Hence this is easily answered we may appeal in Church businesse to him as to the supream judge who may punish the erring Church and Pastors but the Magistrate may in Church businesse do this For answer 1. I retort it the Magistrate in making civill Lawes that must in their moralitie be determined by the Word of God may appeal to Pastors whose lips by office should preserve knowledge Ergo the Magistrate in making civill Lawes may appeal to the Pastor which is absurd 2. If men in Church-constitutions may appeal to the Magistrate as to one who may in his person determine Synodically in Assemblies above all the Pastors 1. Because Magistrates may punish the Pastors erring and oppressing in Synods 2. Because the Magistrate and all laymen have interest in the faith as well as Pastors then may people in hearing the Word and receiving the Sacraments and in all Pastorall rebukings and threatnings in believing of all Gospel promises and threatnings and fundamentall truths appeal from Pastors to Magistrates as Magistrates and Magistrates as such may determine all fundamentall truths all conscionall promises and rebukes and that is formally they may preach for he that can distinguish these hath a good engine Because Magistrates may punish hereticall preaching and superstitions and idolatrous abusing of the Sacraments by preachers and Magistrates and all Laymen have interest of Faith in Word Doctrine and Sacraments as in Discipline yea the Magistrate may punish the Priest that offered strange fire to the Lord offered bastard incense and the people had their interest of saith in sacrifices offered for their own sins but can it follow therefore the Magistrate might sacrifice and burne incense in his own person as Mr. Pryn will have him to make Church-laws in his own person Other Arguments of Mr. Pryns are light as that there were brethren and Lay-men that had hand in the Councell at Hierusalem Acts 15. Ans This is nothing for Magistrates as Magistrates but all Christians as Christians so must have hand in Synods which I grant in so far as concerneth their faith and practise that they try all things and try the Spirits whether they be of God or not but will it follow Ergo Magistrates as Magistrates are those only who govern the Church and make all Ecclesiasticall constitutions as having in them all power of Ecclesiasticall jurisdiction and deriving it to Bishops and Pastors at the second hand as Mr. Pryn saith in the same booke Obj.
to the Iewes if it were a matter of wrong and wicked lewdnes O yee Iewes reason were that I should bear with you 15. But if it be a question of words and names and of your Law looke yee to it for I will be no judge of such matters Ergo to the Romans all the blasphemies of the Iewish law was not a matter of wicked lewdnesse nor of death Now the story is clear they were seeking Pauls life and for names and words the Iewes should not reach Paul nor move the Romans to put to death a Roman except they could prove sedition or treason against him and Acts 25. Festus saith to Agrippa That the Priests and Elders desired to have judgement against Paul 18. But against him they brought no accusation of such things as I supposed 19. But had certain questions against him of their owne Superstition and of one Iesus who was dead whom Paul affirmed to be alive Here it is clear all are but words nothing worthy of death which the Iewes chiefly intended therefore they accuse him of treason as we may collect from Pauls Apologie Acts 25. 8. Neither against the Law of the Iewes neither against the Temple nor yet against Cesar have I offended any thing at all Therefore Act. 24. Tertullus a witty man burdeneth Paul with that which might cost him his head v. 5. For we have found this man a pestilent fellow a mover of sedition amongst all the Iewes throughout all the world see Acts 21. 38. of all which though blasphemy according to the Iewish Law was something yet sedition to the Romans who only now had power of Pauls life was all and some and when the Deputies counted so little of Religion the Iews knew sedition and treason against Cesar behooved to do the turn and Paul seeing they pursued him for his life appealed to Cesar to be judged in that Now except the adversaries prove that Paul referred the resurrection of Iesus and of the dead and his preaching Christ and the abolishing of sacrifices the Temple the Ceremoniall Law to be judicially determined by Nero as by the head of the Church they prove nothing against us Hence their chiefe argument is soone answered in what cause Paul was accused of the Iews in that he appealed to Cesar But he was accused not for his sedition but for his Doctrine Act. 26. 18. Ergo Paul appealed to Cesar in the cause of Doctrine not of sedition For 1. The Major is dubious for in what cause he was accused of his head which was the intent of the Iews in that he appealed true but in what cause he was accused in all and every Article of the points of his accusation and challenge I deny that for as touching doctrinals and his being judged by a lawfull Church and rightly constituted he appealed neither from the Sanedrim nor from Festus but declined Festus nor in these did he appeal to Cesar he only appealed in all cases which might concern his head and blood 2. The assumption is false for he was accused of sedition as is evident from Act. 25. 8. and 24. 5. 3. Though the Priests and Elders were most corrupt men yet that they believed that Cesar or bloody Nero his lips should preserve knowledge and that the Law should be sought from the mouth of Nero as the head of the Church can never be proved which must be proved to justifie Pauls appeal in the tearms of the adversary Obj. But may not Nero accuse Paul that he dare preach his Iesus Christ in the Emperours dominions Ans If his dominions be the Christian Churches conquered by his sword he may accuse as he conquered that is he may oppresse the consciences of men in accusing as he oppressed them in their bodies and liberties in the conquering of them But he may not as a conquerour accuse them for their conscience he may if he conquer those that worship Sathan cause instruct them in all meeknesse and lenity But this he doth by the sword as a Christian ruler to inlarge the dominions of Christ for when â—â— conquereth their bodies it is not to be thought that he conquereth their souls or acquireth any new dominion over their consâ—iâ—nces But though he do as a Magistrate command them to be instructed I doubt if he have a negative voice in imposing any Religion that he will though they be heathens though some learned Divines say be have a definitive voice in setting up what Religion he will or tollerating it I conceive though he have a definitive voyce in erecting the only true Religion in his heathenish dominions when there be no Ministers of the Gospel there yet not for any false Religions that being of perpetuall truth God never gave authority or power of the sword to do ill ad malum non est potestas what other things Videlius and Vtenbogard have on the contrary are answered Hence we ask 1. If the intrinsecall end of judging and censuring Ecclesiastically be not the inlightning of the mind the gaining of souls and if Nero or Christian or Heathen Magistrates be appointed for that spirituall end 2. If Paul aymed to refer the judging of the Gospel to Nero 3. If Paul knowing the Sanedrim sought his blood not the gaining of his soul might not appeal to the Magistrate to save his life 4. If it was not the Law of natures dictate in Paul so to do and not any positive constitution of the Magistrates Headship over the Church and Gospel 5. If the Ecclesiasticall judicature will swell without its sphere of activity to dispose of the life and blood of the Saints if then the state of the question be not changed and if then it be not lawfull to appeal and decline and provoke to the civill Magistrate 4. Moreover Paul appealed not to Cesar in ordine ad censuram auâ— penâ—m Ecclesiasticam in order to a Church censure as if he thought Cesar should principally excommunicate and cast him out of the â—ynagogue or judge him in an Ecclesiasticall way whether he had done or preached against the Temple and Law of Moses or not which must be proved if the adversaries will prove a proper appeal from the Church to the Prince which is now our question All this which is our mind is well explained by our Countryman Ioh. Camero prelectio in Mat. 18. 15. p. 151. Christiani principes sunt precipui in Ecclesia in sensu diviso sunt precipui et sunt in Ecclesia non in sensu conjuncto non sunt precâ—pui Ecclesiastici Non enim obtinent principes directe authoritatem Ecclesiasticam sed indirectè non quod velimus ulla in causa ullum eximi jurisdictione principis sed quia ejus jurisdictio non nisi per media Ecclesiastica pertinet ad conscientiam nempe princeps non predicat Evangelium non ligat et solvit peceatores at de officio principis est dare operam ut sint qui predicent Evangelium ut sint qui ligent
of men those belong to the Magistrate and to his civill power Yet he cannot deny but the Churches power in judging and punishing here is formally spirituall and objectively and unproperly civill so say I the Mgaistrates power in spirituall causes is formally civill and objectivelâ— only spirituall and he neither hath nor needeth any spirituall power formally to attain his temporall end nor needeth the Church any power formally civill to attain her spirituall end The reason is because powers have their specification and nature from their formall object not from the materiall because the Magistrate punisheth hereâ—ies and false Doctrine as they disturbe the Peace of the civill State therefore his power is civill and because the Church censureth unjustice incest 1 Cor. 5 1 2. and sins against the second Table because they are scandalous in the Church and maketh the name of God to be ill spoken of though materially those sins be punishable by the Magistrate yet is the Churches power spirituall because it judgeth those as scandalous and offensive to God and therefore the power is spirituall because the object to wit as scandalous to the Church and as offensive to God is spirituall even as destructive to civill Peace is formally a civill object 2. The Magistrate without any spirituall power judges what is the true Church and true ordinances setteth them up by his sword he doth set them up only for a civill end because they conduce most for the peace and flourishing condition of the civill state whereof he is head not that the members of his state may attain life eternall for the Magistrate intendeth life eternall to his subjects in setting up a true Church and true Ordinances not as a Magistrate but as a godly man As the woman of Samaria brought out the Samaritanes that they might receive Christ in their heart by saith as she had done But as a Magistrate he intendeth not life eternall to his subjects so a Master as a Master hireth a man to serve who is a believer and as a Master he judgeth such a one will be most faithfull and active in his service now the Master judgeth him not to be a Saint that he may be a fit member of the Church The Church only as the Church is to judge so of this servant nor doth he judge him a believer that he may obtain life eternall nor doth he love and chuse him as his servant that he may obtain life eternall Christians as Christians judge and love one another that way So the Husband as a Husband doth chuse a believing woman for his Wife judging she will perform the duties of a Wife better then an unbelieving Wife he judgeth her to be a believer as a Husband and loveth her with a Husband-love as a Husband but if he love her because the image of God is in her and as an heir of life eternall then he loveth her as a Christian man not as a Husband and it is a Christian love he hath to her such as he hath to other godly women that are also co heirs with himself of life eternall and this is a lawfull and a Christian love But if this Husband should bear a Husband-love such as he doth to his own Wife to all other godly Wives it should be an adulterous and unlawfull love So the Magistrate as a Magistrate judges loves chuses and setteth up true Ordinances a true Church as means of a flourishing Kingdom and of externall Peace and pulleth down the contrary as means destructive to the peace and safety of his subjects But he judgeth not in a spirituall manner and with any spirituall power of the sword of those as fitting and conducing to life eternall and inward peace of conscience with God but as a justified and believing Saint he judgeth chuseth and loveth Ordinances and the true Church in this consideration and no wise as a Magistrate If those Relations of Magistrate and Christian had been considered by the Author he had not compared the Magistrate punishing idolatry to the Dragon and the godly Pastors who exhort the Magistrate to punish false teachers to the Beast and the false Prophet who maketh war with the Lambe For the godly magistrate who advanceth the throne of the Lambe is praise worthy he doth cut off all wicked doers from the city of the Lord Psal 101. 8. and doth this as a Magistrate that his Kingdome might have peace and well grounded prosperity but as a man according to Gods heart he doth it formally set on high the throne of the Lambe nor would he have compared those worthy and dear brethren of New England the Saints of the most high especially reverend Master Cotton to the frogs that proceeded out of the mouth of the false Prophet Rev. 17. 3. Nor do the Papists use this argument at all but another argument and for a contrary conclusion for the Pope as the Pope is an earthly Monarch and as Pope hath power to translate Crowns and Kingdoms and as Pope the Holy Ghost in him commandeth the Kings of the Earth to make war with the Lambe and his followers as Papists teach do we ascribe any such power be the Church or Churchmen are Malignants Prelates and Papists the followers of the Lambe Obj. 7. If the people may erect what government they will and seems most fit for their civill condition then governments by them so erected have no more power nor for no longer time then the civill power or people consenting and agreeing shall betrust them with for people are not deprived of their naturall freedom by the power of tyrants And if so that Magistrates receive their power of governing the Church from the people Then a people as a people naturally considered of what Nature or Nation soever in Europe Asia Africa America have fundamentally and originally as men a power to govern the Church to see her do her duty to correct her to redresse to reform to establish c. And this is to subject God Christ heaven the spirit to naturall sinfull and unconstant men Indian and American governments are as true and lawfull governments as in the world and therefore their governours are keepers of the Church and of both Tables if any Church should arise or be amongst them and therefore if Christ have betrusted the civill power with his Church they must judge according to their Indian and American consciences for others they have not Ans 1. No doubt the power that makes Magistrates because of vertue and dexterity to govern may unmake them when they turn tyrants and abuse their power and upon the same ground as men create Magistrates so Christian men as Christian men act to chuse Christian and gracious Magistrates as if a Husband as a man chuse a Wife as grace perfumeth and spiritualizeth all the common actions of men so Christian men are to chuse Christian Wives Christian Masters Christian servants so is a Church to chuse a Christian not an American Magistrate
Deu. 17. they are not to chuse a stranger but one from amongst their brethren and men fearing God and hating coveteousnes Exo. 18. 21. Deu. 17. 15 16 17 18 19 20. and 1. 16. and that a Christian Magistrate receive power to govern in the Church I deny him to be a Governour of the Church from Christian people I see no inconvenience Suppose that a Christian woman chuse a Pagan Husband she sins in her choise and as a sinful woman chuseth a Pagan who hath no other then a Pagan conscience to be the guide of her youth and her head and to love her as Christ loved his Church and to rule her according to his marital and Husband-power in some acts of her Christian conversation Yea when Christians did fight under Heathen Emperours they gave power as all souldiers do to their Commanders to those Heathen Captains to command Christians according to their Pagan consciences for other consciences it cannot be supposed Heathen have as this Author speaketh nor do I see such an inconvenience that men as men chuse a Magistrate who is a Heathen to see not the Church as the Church but men of the Church do their duty and to punish them civilly when they omit Church duties when providence compelleth Iudah Yea when God commandeth Iudah to submit to a Babylonish or Persian King who according to his Babylonish conscience is to command them to keep the oath of God to abstain from murther yea to build again the house of God and is to punish the men of Iudah if they do the contrary Here evidently the Church is to chuse Heathen Kings who according to their Heathen consciences are to judge and punish sins against both Tables but they chuse them to adde there auxiliary power to help and desend the Church not any privative or absolute power to set up what ordinances they will Nor is it supposed that men as men may give to Indian and American Magistrates power to judge by rule of Indian consciences what is blasphemy against Iesus Christ what is apostacy from the Christian saith to Iudaâ—sme and to punish it For in that fare the Indian Magistrate is uncapable of Magistracy in those acts though essentially he be a lawfull Magistrate in other acts just as Christian men and Saints by calling may make a Christian Corinthiaâ— amongst themselves their Magistrate and yet he cannot judge whether Tiâ—ius the Physiâ—ian in Corinth hath poysoned Sempronius as he hath a Christian conscience but not a medicinall conscience to speak so or the skill and art of a Physiâ—ian to know what is poyson what not yet did men as men create this Christian Magistrate to judge punish murthers and poysoning of Christians 2. Let us also turn the Tables the Author cannot deny but Ten thousand Christians and Indians half of each side may come to be one civil incorporation they create with common consent a Christian Magistrate over themselves this they do as a society of men The Indians worship their God in that society by offering their children to the Devil and this is their Indian conscience for it is not to be supposed that an Indian can worship his God with other then an Indian conscience By this Authors way Indians and Christians gave to this Christian Magistrate to judge of this Indian and bloody worship with a Christian conscience for it is supposed he can judge with no other conscience I demand whether or not this Magistrate be obliged to punish such horrid shedding of innocent blood If he be he is set over this incorporation to bear the sword of the Lord and with a Christian conscience to judge and punish Indian consciences Is not this as great an inconvenience as what he objecteth to us Besides that according to this way he must not punish the killing of the children to the Devil why this is against the will of the meek Saviour in whom the Christian Magistrate believes to persecute an Indian for his conscience as this Author thinketh Now it is no lesse an Indian conscience worship and no murther to offer an innocent child to the Indian God then it was to the Jews to offer an innocent Bullock or a Ram to Jehovah Obj. But God hath forbidden in the Law of nature to kill infants to God upon any pretence Ans In the Law of nature God hath forbidden all false worship 2. The Law of nature hath forbidden to offer any blood to God that is the Law of nature will never warrant us to offer in a whole brunt offering an innocent Beast to God created for the use of man and it should be against the Law of nature to kill Beasts for any religious use or for any use except to be food or medicine for man Except God in a positive Law had commanded whole burnt offerings and offering of Beasts to God so the Law of nature forbids Indians to kill infants but they tell you there is a positive Law of their God and in conscience they are obliged to kill their children to this God and you must convince their conscience that this is murther not right worship by reason and light of truth not with a club and force of sword which hath no influence upon the conscience 3. It followeth not that God hath subjected God Christ Heaven the Spirit to naturall men for an Indian Magistrate remaining an Indian never received power from mem as men nor from God to judge of Christian worship yea Indian Magistrates as Indians are uncapable of judging or punishing what is against Christ Heaven the Spirit and yet they are Lawfull Magistrates for their ignorance of Christ excludeth them from having any such formal power what Magistraticall power they have which they cannot put forth in acts is not to a purpose for this power which they cannot exercise shall never subject Christ Heaven the Spirit to the consciences of naturall men or Indian Magistrates this consequence therefore should have been proved not presumed as a truth 4. He saith If any Church should arise amongst those who have Indian Magistrates Christ should betrust the Indian civill power with his Church I answer This is non-consequence also for the state of heathenship in the Indian should exclude him from any such trust if a Church arise they are to be under the Indian Magistrate while God in his providence free them from under him that they may chuse a Christian Magistrate who may be a nurse-father to them 5. The Lord be trusteth his Church to the civil power as an auxiliary power not to exercise any magistraticall power over the Church and over their conscience but only for the Churches good and for their conscience These would be distinguished a governour of or over the Church 2. A Governour in the Church 3. A Governour for the Church neither Christian nor Heathen Magistrate is a Governor of the Church or over the Church An Heathen Magistrate may be a Governour in the Church giving to
to the power civil that is of God If the Magistracy be an Ecclesiastical ordinance and a vicegerent power of the mediator as they say it is then to be subject to the Magistrate is to be subject to this Church power and to be subject to the Church 2. The punishing power of the Magistrate as such doth not bind and loose on Earth and open and shut Heaven for then hoc ipso because the Magistrate doth judge and punish evil doers the mans sin should be bound in Heaven now so the judging and punishing power should take hold of the conscience But it is certain the Magistrate as judge may take away the life of a Capital Delinquent when he knoweth the man repenteth and believeth and findeth mercy with God Ergo this magistratical power is not Ecclesiastical for if the man to the knowledge of all repent the Church hath no power to bind his sin on Earth nor will God bind his sin in Heaven but yet the Magistrate as a Magistrate is to punish Ergo this punishing power is no Ecelesiastical power nor any part of Church-government 3. The punitive power of the Magistrate hath influence on men as ill-doers whether they be within the Church or without the Church and worketh on men as Members of the Common wealth whether Christians or Heathens Indians or Americans But no punitive power of the Church is or can be extended to those that are without the Church but Pastors and the Church leaveth them to be judged of God 1 Cor. 5. 12. nor can they be cast out of the visible Church who were never within it 4. The punitive power of the Church as such floweth from Christ as Mediator Head and King of the Church because Christ as Head and Mediator hath appointed a shepheards staffe discipline or rebukes Church-censures and Excommunication for his sheep his redeemed ones family and people for whom he is Mediator his Scepter and Rod must be congruously and sutably proportioned to his Crown and spiritual Royal power But the punitive power of Magistrates floweth from God the Creator as the whole world is the family of God so for the preservation of humane society the Lord hath been pleased to appoint Magistrates and the punitive power of them by the sword to correct ill-doers for the peace good and safety of humane societies 5. All punitive Church-power is for edification 2 Cor. 10. 8. That the mans spirit may be savdd in the day of the Lord 1 Cor. 5. 5. that the party may be gained by private and publike Church rebukes Mat. 18. 15. If he hear thee thou hast gained thy Brother v. 18. If he neglect to hear the Church let him be to thee as an Heathen c. Ergo if he hear the Church his soul is gained 2 Thess 3. 14 15. 1 Tim. 1. 19. but the intrinsecal end of punishing an evil doer is not the gaining of his soul but a political civil satisfaction of justice for a wrong done to humane society that others may fear and do so no more the Magistrate in using his sword as a Magistrate looketh not to this as the intrinsecall end of the sword to convert a soul to augment the number of the subjects of Christs mediatory Kingdom nor doth he as a Magistrate proportion the measure of the stroke of the sword according to the repentance aud godly sorrow of the man who hath sinned but in justice his eye is not to pity or spare the blasphemer though as dear to him as a father and friend Deut. 13. 6 8 9. 10. Deut. 33. 9. whether he repent or not repent but the Church censure respecting intrinsecally the gaining of the soul is proportioned to the offenders sorrow for his sin that he be not swallowed with over much sorrow 2 Cor. 2. 7 8 9 10. 6. This punitive part of Church Government is neither in name nor in thing in Scripture Triglandius denieth that there is any Ecclesiastical co-active or compulsive power properly so called in the Church there is no violence used by Christ as King of his Church this shepheard carrieth the Lambs in his bosome Isai 40. 11. Hyeronimus said well The King or Magistrate ruleth over men that are unwilling he meaneth in punishing them but the Pastor doth it to men that are willing And renowned Salmasius citing this addeth that of the Apostle Peter to the Elders Feed the flock 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It is not pena a proper punishment that the Church doth inflict nor doth the Scripture speak so nor is the thing it self punishment or any punitive power here indeed all co-active power of the Magistrate as the Magistrate and all punishment issuing from it is against the will of the punished and is inflicted with the dominion of the sword we know how the Adversarie side here with Papists who make all Church censures to be pennances inflicted upon penitents against their will Therefore saith Salmasius Of old censures were so voluntary that to deny them was a punishment and they were desired and sought as a Benefit as the ancient Canons of Councels and Canonick Epistles and writings of Fathers bear witnesse and this doth prove if Iesus Christ have a willing people Psal 110. and if rebukes and censures be to the Saints as medicine that will not break the head Psal 141. 5. no medicine is received unwillingly by wise men and no medicine is a punishment then the punitive power of the Magistrate hath no place in the Church as the Church 7. The Magistrate dispenseth no Ecclesiasticall censures as a Magistrate For 1. He rebuketh not as a Magistrate for rebukes as rebukes intrinsecally tend to the gaining of the soul so as to receive rebukes willingly is a Character of a child of God and to hate it a signe of a wicked man Ecclesi 7. 5. Prov. 28. 23. and 6. 23. and 1. 23. c. 13. 18. c. 15. 5. 10. 31. 32. Prov. 5. 12. and 10. 17. and 15. 10. and 9. 8. and 13. 1. so the sword cannot inflict this censure nor can the Magistrate cast out of the Synagogue or Church he can banish which is a locall casting out but not excommunicate if he be said to be an Ecclesiasticall person exercising punitive power in the Church because he judgeth and punisheth sins against the Church 1. This is nothing except he inflict spirituall punishment of rebuking and excommunication which he cannot do because he hath not to do with the conscience or the converting of a sinner 2. If he be a Church-governour because he punisheth sins against the Church but in so far as they disturb the Peace of the State then Pastors may be civil Governours and use the sword which Christ forbiddeth Luk. 22. 26 27. and 12. 13 14. because they inflict spirituall punishment such as publike rebukes on murtherers parricides but in a spirituall way to gain souls to Iesus Christ and they rebuke murthers thefts thought not as committed against the State and Peace of
of spirituall falls and warned to beware of them yet love and incline to Idolatrie and therefore to warne them to beware and yet set the powder neere the fire is but to scorne the craft and to mock men Yea in that they desire and require that the people beware of the Ceremonies and require that Pastours informe them of the danger they grant that Ceremonies are powder amongst the pitchers and yet they be innocent and indifferent creatures as if they would call them indifferent pitts indifferent whoores to allure beware of them indifferent pest-cloathes see that your inclination touch them not Yea then Ezechiah had given no scandall if he had commanded the brazen Serpent still to stand and had commanded the Priests to preach that the Serpent was not God and therefore warned the people of their Idolatrie in burning Incence to it onely let it stand as a memoriall of Gods power in curing the people who were stinged with Serpents in the Wildernesse So if the Israelites should give their sonnes and daughters to marry strange women of the Canaanites if they should ordaine the Priests to teach carefully their married children to beware that they were not drawne away by these idolatrous marriages to serve the Gods of the Canaanites they should not lay a stumbling-block before their sonnes and daughters Yea these who excell in light may be weake in grace and in hazard to be insnared by the idolatrie and superstition of Ceremonies 4. The law of nature provideth all possible and lawfull meanes for the removall of every thing that may rnine his soule for whom Christ died but not onely information of the danger of Ceremonies but also the removall of the pitts themselves to wit the Ceremonies are possible and lawfull meanes 5. 1. This were an idle Sabbath work to expound such theams as these Sacramentall bowing is an humble adoring of God not of bread and as it pleased God by the foolishness of preaching to save beleevers so it pleased Prelates by the foolishnes of holy dayes and Saints dayes to teach the people articles of faith and by the Surplice to teach pastorall innocencie and by confirmation to blesse children 2 Calvin and Luther teach that no word should be heard in the Church nisi purum Dei verbum but the pure word of God Surplice humane and Saints dayes crossing kneeling cannot be a text that Ministers can preach on and expound for they are commanded to speak Gods word Ezech. 7. To read Gods law and give the meaning and sense thereof Nehem. 8. 8. and to expone the Scriptures Luk. 24. 27. not to teach the meaning of wretched Ceremonies for in that they should not be the Pastours of Christ but speak with the mouth of Antichrist and Exod. 12. 26. 27. If the children ask the fathers what mean yee by this Passeover they were to answer It is the Sacrifice of the Lords Passeover So if they ask what meaneth your kneeling to Bread your Saints dayes your Surplice and Crossing you must answer they are the Ceremonies of the Lords Supper and Baptisme What uncouth bleating were this 6. Shall people saith D. Ammes be fedde with this East wind the vertue of Surplice when there be so little time to learne the maine things of the Gospell also some preach none some studie never Ceremonies some blush to speake of such toyes Yea and alas often saith Bannes the weake are not capable of distinctions it is hard to draw the wits of rude people along the untwisted threed of distinctions that the elements are objectum adorationis à quo significative and objectum adorationis relativae materiale non adorationis formale I conceive the Doctors of Aberdeen have adoe with their wits to understand them they must be taught of D. Mortounes essentiall and accidentall worship of Bellarmines additions perfecting and additions corrupting the word of God And whereas D. Forbes saith It is a shame for Ministers and teachers of others to pretend weaknes though the flock might be ignorant Answer Weakness is weakness of faith Rom. 14. 1. and weaknesse of grace not weakness in literall light And I thinke Ministers may pretend this upon too good grounds and weaknes of faith is often a great inclination to superstition 2. Though the Ministers refusing the Ceremonies should understand them as well as these who writ bookes for their defence yet it will not follow that they should practise them for their forbearance is for feare of scandalizing the weak Paul had perfect knowledge of his Christian libertie as any man yet he would not eat meats to the worlds end which should offend his brother The stronger should not scandalize the weak because they are stronger Duplyers pag. 63. n. 38. Thirdly if for Scandalls taken especially by the malicious we may disclaime the authority of a Law then we may ever disclaime the authoritie of all lawes of Church and State for there is nothing commanded by lawes but some either through weaknes or through malice may take offence at it Answer 1. For scandalls taken and also given by either weak or wilfull when the matter is indifferent and hath evident conformitie with Jewish and Popish rites and is not necessarie we may disclaim the authoritie of all such lawes true Ergo we may for scandall maliciously taken deny the authority of all lawes it followeth not Ex affirmatione spâ—ciei male colligitur negatio generis It is not for taken scandall but for given scandall that we disclaime the authoritie of these lawes 2. The Doctors will have us believe upon the sole light of their conscience n. 36. that they thinke the Ceremonies lawfull and expedient But for us they will not credit us in that but out of malice we are soandalized and not out of weaknesse Duplyers n. 39. 4. arg Fourthly We ought not for eschewing scandall causlesly taken to injure or offend any man by denying to him that which is due to him and therefore we ought not for eschewing scandall causlesly taken to offend and injure our Superiours The Antecedent is proved for if a man be excommâ—nicated shall his wife children and servants flie his company and so deny these duties which they owe to him for feare that others be scandalized and if we may not for scandall causlesly taken abstaine from these duties that we owe to private persons farre lesse may we abstaine from obedience which we owe to Superiours c. Answer Against the Law of disputing you lay downe a ground which is a principall part of the question that is practising these Ceremonies be obedience due to Superiours and none practising for a time an injuring of Superiours in their due though Gods affirmative precepts be omitted for a time as the not hearing the Word the not receiving the Sacraments in case of Scandall Gods due is not taken from him If you will be more zealous for the honour of Prelates and men then for the honour of God Answer the Argument
or more brethren and a Church of brethren whose helpe he may seeke to gaine a brother it is cleare he must speake of a Church-gaining or of a gaining in order to a Church and not with reference to any civill Sanedrim or Court of Magistrates Object 3. The place saith Erastus is to be understood of lighter faults for which one brother may pardon another and which a private brother hath power to conceale it cannot therefore in good sense be extended to weighty scandals that are to be punished with Excommunication Ans 1. A fault may be light and small in its rise so long as it is private which deserveth not excommunication but if contumacie shall come to the fault as it is here in its growth and tendencie to scandalize many it is not small 2. A private fault is not hence concluded to be small because a brother may pardon it and conconceale it For Christ saith to scandalize on of the least of these that beleeveth in him is so great an offence that it were good for the man so offending to be cast in the Sea having a milstone hanged about his necke ver 6. And yet a brother is to forgive such an offence Luke 17. 2 3 4. 3. In that a brother is obliged to gaine his brother from this fault it is cleare it is not so small a fault and 2. Because it is a fault to be brought to the Church and 3. If the Offender remaine obstinate he is therefore to be esteemed as an Heathen and a Publican or as no brother nor any member of the Church and 4. This sinne is bound in earth and heaven 5. The text will not bear that all weigh y faults such as Muâ—ther that defileth the Land or solicitation to follow strange Gods may be transacted betweene brother and brother and concealed Deut. 13. 8. Though Ioseph be in this called a just man as Beza observeth in that he would not make Mary his wife a publike example nor reveale her Adultery which was by the Law to be punished by death for so Ioseph conceived of her Tell the Church that is saith Erastus tell the civill Synedry of the Iewes and therefore this place is nothing for excommunication or any Spirituall Church Discipline and if the Offendor refuse to heare the Orthodoxe Magistrate then may the offended brother plead his right before the Heathen Magistrate and deale with the Offendor as with a Heathen and a Publican Answ In the Word of God the word Ecclesia Church applyed to matters of Religion as it is evidently here where it is said that the offended brother is to labour to gaine the soule of his offending brother doth never signifie a civill judicature and therefore the exposition is insolent and the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can never beare such a sense we desire one paralell place in the old or new Testament for it 2. The scope of the place is the removall of scandals in Christs meek brotherly and Christian way ver 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Who ever shall scandalize c. and ver 7. Wo to the world because of offences ver 8. Wherefore if thy hand or foot 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cause thee to offend cut them off ver 10. Take heed that ye despise not one of these little ones c. And then he cometh from active scandals whereby we offend others and the way of removall of them to passive scandals whereby others offendeth us and the way of removall of them ver 15. Moreover if thy brother shall trespasse against thee go tell him the fault betvveen thee and him Now these sins that are to be punished by the sword of the Civill Magistrate or not such sins as may be transacted between brother and brother for homicide blasphemy sorcery extortion are to be taken away by the publick sword and this must have place Thou shalt not conceal it thy eye shall not spare him and the Magistrate is the minister of God a revenger to execute wrath on him that doth evil Rom. 13. 4. 3. Christ hinteth not in any sort at any word of blood wrath vengeance the sword evil doing fear and terrour for the sword such as are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the office of the civil magistrate is holden forth to us in other places as Rom. 13. 1 Pet. 2. No man except he intended violence to the text can dream of such a latent forrain and co-acted sense in the words and if such a sense had been intended by our Saviour he behoved in this place to erect a throne from a divine institution for the Magistrate which no impartiall interpreter can with any half side of a shadow perceive in the words 4. The end of this processe is spirituall If he hear thee thou hast gained thy brother to repentance as is confirmed already from Scripture But whether the offender be gained to repentance or not the Magistrate is to use the sword that others may fear as a Magistrate he is to regard the peace of the Common-wealth not the salvation of the offender directly 5. Christs way of proceeding to take away scandals between brother and brother is spirituall Tell him admonish the offender tell the Church that they may rebuke and admonish and this is a Morall way all along But the Magistrates proceeding is not Morall by requests orations admonitions but by the reall use of the sword to compell for he beareth not the sword in vain Rom. 13. 4. 6. The proceeding here is with much lenity patience and long suffering to gain an offender but having recourse to the Magistrate to use his club and sword is rather a way of irritation to make the gap the wider and therefore Paul 1 Cor. 6. condemnes this as repugnant to love that they should go to law one with another before the heathen Magistrate 7. Such an expression as this Let him to thee as an heathen man and a Publican is never taken for the civill complaining of him before an Heathen judge nor doth it expresse the use of the sword by the Magistrate it s so insolent a phrase that all the Greek Authors that ever wrote cannot parallel it for this is a Spirituall and Morall reproach put on the offender the Magistrates way is a reall inflicting of punishment 8. This remedy is contrary to Pauls 1 Cor. 6. For there the offended brother though the offending party be never so contumacious hath not this remedy of Christs to implead his brother before an heathen Magistrate that the Apostle taketh for a sinfull scandall and sin cannot be Christs remedy Pauls remedy is Suffer rather wrong and defraudation Paul by this interpretation should have commanded them the contrary 9. Where is ever the supreame Magistrate who cannot be excluded if this exposition stand called by the name of the Church 10. How incongruous is it
that Christ should direct the Jews who were to be dispersed through all the earth to go up to Jerusalem for judgement seeing Ierusalem was to be laid equall with the ground and the Iews their state Church policy and the Scepter now removed from Iudah let wise men judge 11. The complaining to an Heathen Magistrate or the punishing of an offender by the sword by no Scripture is such a binding on earth by the power of the keys of the Kingdom of Heaven as this is expounded Matth. 16. 19. And such a binding as is ratified in Heaven and that by the joynt Prayers of two or three on earth as is here spoken ver 18 19 20. A Heathen Magistrates Sentence though never so just should not be valued except it were confirmed by the Prayers of the Church as the Sentence of Excommunication must be 12. The Iewish Saenedrim was now to take an end and expire with all the Iewish policy it is not to be imagined that Iesus Christ would appoint a perishing remedy for a perâ—etuall and ever-enduring disease now offences and scandals between brother and brother were to be in the world to the end ver 15. If thy brother offend c. And Christ saith Offences must be and the remedy here is morall and perpetuall as 1. That Christ shall have a Church visible on earth against which the gates of Hell shall not prevail 2. That we first deal to gain our brother in private ere to his greater shame he be brought in publick before the Church 3. The Lords ratifying in Heaven what his servants shall binde and loose on earth 4. The agreeing of two to pray together the convâ—ening of two or three in the name of Christ with a promise of the presence of Christ all these are Morall and perpetuall The Lord never did the like of this before or after 13. In all the New-Testament we do not read that Christ who was the end of the Law and the body now come in the flesh to abolish all Ceremonials and temporary Laws of the Iewish Church and policy as Iewish did institute any old-Testament Law such as the Sanedrim was for offending brethren if it be said that this was but the right expounding of an old divine Law now almost buried through the corruption of men then must Erastus shew that this was an old Law of divine institution that the Iews were to keep this threefold order in gaining an offending brother and that this is now abolished and that the power of the Magistrate in Church-businesse by this place is not established to the end of the world both which are contrary to the Principles of Erastus not to say that there is not in this whole Chapter or Luk. 17. where the same purpose is handled any shadow of reason to assert that Christ is restoring any Ceremoniall or Iudiciall Law to its genuine and sound meaning and sense but by the contrary Christ speaketh of the Morall and perpetuall Doctrine of scandall and how we are to deal with an offending brother to gain him to repentance either by our selves or the Church and to forgive private injuries even to seventy seven times Lastly since Publicans and Romans converted to the Christian saith from Paganisme even at this time were Brethren who might both give and take scandals it shall follow that Christ commandeth Gentiles to submit to the Jewish Magistrates this was against Christian liberty and to take from Cesar those things that are Cesars which is unjust But saith Erastus Publicans were not in Iuda excluded from sacrifices Luâ— 18. A Pharisee and a Publican went up to the Temple to pray Christ himself did eat with Publicans and sinners therefore this phrase Let him be unto thee as an Heathen and a Publican cannot expresse this Let him be excommunicated except you say that all heathen and Publicans were so served by Christ and the Iews as if they had been excommunicated Ans 1. Publicans that were by Nation Heathens were excluded from sacrifices and the Temple jure by Gods Law but not de facto because the Iews being under bondage to the Romane Emperour and spoiled of their Liberties and Laws might not put their Laws in execution against Heathen and Publicans it is sufficient to us saith Beza that Publicans were execrable and hatefull to the Iews and say I that Heathen and Publicans remaining such are without the Church and not to be reputed as brethren but enemies to the true Church of God and this is that which to us is Excommunication I do not doubt but Publicans went to the Temple to pray but that is but to Argue A facto ad jus not the right way A jure ad factum Publicans ought not to have done so 2. Christ the Supream Lawgiver who is above the Law did often dispense with sacrifice and positive Laws for a work of mercy and if he touched the dead and touched the skin of the Leaper and suffered his disciples to pluck the ears of Corne on the Sabbath day what marvell then he did eat with Publicans and sinners contrary to the Letter of a positive Law Knowing his own whom the Father had given to him from eternity were to be brought in to himself by his familiar conversing with them why should not the Physitian converse with the sick the shepheard with the lost sheep the Redeemer with his ransomed ones But this is no warrant that therefore the cleansed Leaper should not shevv himself to the Priest or that an obstinate offender should not be reputed as a Heathen and not admitted into the Sanctuary 3. That simple Publicans or Heathen remaining such should sacrifice I never read sacrifices were offered for Iobs friends who were not within the visible Church But 1. by Gods own speciall and immediate command as we read Iob 42. 7 8. A positive Law for it which yet was requisite for ordinary worship of that kinde we read not 2. I think Iobs friends cannot in knowledge Religion Profession be esteemed meer Heathens and therefore as God tied not himself to a positive and standing Law here so neither was Christ being the same God equall with the Father so restrained from not familiar conversing with Heathen and Publicans but he might leap over a Ceremony to save a lost soul Object 6. But the adversaries say Christ here useth words proper to the Iewish Synedry and the Old-Testament as witnesses Ecclesia or congregation Heathen Publican and these are not New Testament words nor was there such a thing as a New Testament Church on earth at this time and Christ having not yet ascended to Heaven nor sent down the holy spirit cannot be thought to hold forth the power and jurisdiction of a thing yet destitute of all being such as was the Christian Church nor can he here speak of Christs spirituall Kingdom Ans 1. Christ did well to use these words Witnesses Church Congregation Heathen Publican as well known to his hearers and these
or State a power to unjustice ad malum nâ—â—la est potestas Obj. 14. How can the Magistrate determine what the true Church and ordinances are and then set them up with the power of the sword and how can he give judgement of a â—alse Church false Ministery false Doctrine and false Ordinances and so pull them down by the sword and yet you say the Magistrate is to give no spirituall judgement of these nor hath he any spirituall power for these ends and purposes Bloody Tenent Ans The Magistrate judges of these as a Magistrate not in a Pastorall way or Ecclesiastically for then by office he should be a preacher of the Gospel but civilly as they are agreeable or contrary to the Laws of the Common-wealth made concerning Religion and in order to the civill praise and reward of stipends wages or benefices or to the bodily punishment inflicted by the sword Rom. 13. 4 5. So though the object be spirituall yet the judging is civill and the Magistrates power in setting up true or pulling downe false ordinances is objectively spirituall or civilly good or ill to speak so against the duty or agreeable to that which men owe as they are members of a civill incorporation a City or Common-wealth But the same power of the Magistrate is formally essentially in it selfe civill and of this world CHAP. XXVI Quest 22. Whether appeals are to be made from the Assemblies of the Church to the civill Magistrate King or Parliament and of Paul his appeal to Cesar FOr the clearer explanation of the question its possible these considerations may help to give light 1. There be these opinions touching the point Some exclude the Magistrate from all care of Church-discipline â— As Iesuits and Papists will have Princes not to examine what the Church the Pope and the cursed Clergy of Rome decrees in their Synods To these the Sorbonists of Paris oppose and the Parliament of France cause to be burnt by the hand of the hangman any writings of Iesuits that diminisheth the just right of the Magistrate 2. Those who in the Low-countries did remonstrate under the name of Arminians as they are called hold that the Magistrate ought to tollerate all Religions even Turcisme and Iudaisme not excepted because the conscience of man cannot be compelled Some of them were Socinians as Henry Slatius who saith right downe he that useth the sword or seeketh a Magistracy is not a Christian yea war is against the command of Iesus Christ or in any tearms to kill any saith Henry Welsingius Episcopius their chief man will have the Magistrate going no further then reall or bodily mulcts or fines Ioan. Geisteranus pronounceth it unlawfull to be a Magistrate to use the sword But all say the Magistrate ought not to use the sword against Hereticks Blasphemers Idolaters or against any man for his conscience or Religion 3. Those that think the Magistrate bear the sword lawfully yet do confine him to the defence of the halfe of Gods Law the duties of the second Table and not to these all but to such as border not directly on conscience for if some should sacrifice their children to Molech and Devils as some do the Magistrate were not to punish them it being a joynt of their Religion and a matter of conscience and all these will be found to give to the Magistrate as the Magistrate just as little as Iesuits do in the matters of Religion and that is right downe nothing except possibly the Magistrate be of their Religion only whom he Governs only as a Christian man the Magistrate hath more with these then with Papists 4. Erastus giveth all in Doctrine and Discipline both in power and exercise to the Magistrate even to the dispensing of Word and Sacraments 5. Others forsaking Erastus in a little But following him in the main deny power of order 2. Power of internall jurisdiction granteth to him all the externall government of the Church 6. We hold that the Magistrate keeps both Tables of the Law and that he hath an inspection in a civill coactive way in preserving both Tables of the Law but that he is not as a Magistrate a member of the Church but as a Christian only 2. The exercise of Discipline is one thing and the exercise of it as the modus the way of exercising of it either in relation to Ecclesiasticall constitutions or in relation to the politick and civill Laws of a Common-wealth is a far other thing 3. As the Church is to approve and commend the just sentence of the civill judge in punishing ill doers but only conditionally in so far as it is just so is the magistrate obliged to follow ratifie and with his civil sanction to confirme the sound constitutions of the Church But conditionally not absolutely and blindely but in so far as they agree with the Word of God 4. Hence there is a wronging of the Church as the Church and a civill wronging of the Magistrate as the Magistrate or of the members of the Church as such or of the members of the Common-wealth as such the former and the latter both cannot belong to one judicature No more then the failing of a Painter against the precepts of Art because he hath drawn the colours proportion and the countenance beside the samplar and the failing not against Art but against the Lawes of the King in that he hath lavished out too much gold in the drawing of the image doth belong to one judgement for the Painter as a Painter according to the Law of Art must judge of the former and the Magistrate as a Magistrate of the latter 5. An appellation is one thing and the complaint of an oppressed man is another thing or a provocation to a competent judge is one thing and the refugium the refuge and fleeing of an oppressed man to a higher power is another thing if the Church erre and fail against the Law of Christ in the matter and decree the man to be a heretick who is none and that to be heresie which is truth the oppressâ—d man in a constituted Church may have his refuge to the godly Magistrate and complain but he cannot appeal for an appellation is from an erring judge to an higher judge in eadem sâ—rie in the same nature and kinde of judicatures as from a civill Court to a higher civill Court and from an Ecclesiasticall Court to a higher as suppose the Church of Antioch judge that the Gentiles must be circumcised the godly there may appeal to the judgement of Apostles and Elders in a Councell conveened from Antioch and Ierusalem both and therefore because the Magistrate can no more judge what is heresie what truth as a Magistrate then he can dispense Word and Sacraments an appeal cannot be made to him who is no more a judge ex officio nor he can dispense the Sacraments ex officio but a complaint may be made to the Magistrate if the Church