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A92138 The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority. Rutherford, Samuel, 1600?-1661. 1646 (1646) Wing R2377; Thomason E326_1; ESTC R200646 722,457 814

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Surplice or some such like But since we have a pattern of perfectly formed Churches in the Apostles times who had power even In actu excercit● of Discipline and Church-worship and the Apostles mention things of an inferiour nature How is it that we have no hint of Crossing Kneeling Surplice corner Cap nor any such like unto these And yet they were as necessary for decency then 1 Cor. 5. Col. 2. 5. 1 Cor. 11. 20. c. Rev. 2. 1. 2 14 18 20 21. 1 Cor. 14. 40. as now Others of great learning reply that Christ is not the only immediate Head King Law-giver and Governour of the Church for that is quite contrary to Gods Ordinance in establishing Kings Magistrates higher powers nurse-Fathers Pastors Doctors Elders for by this there should be no Kings Parliaments Synods no power of jurisdiction in them to make Lawes to suppresse and punish all manner of Idolatry Superstition Heresies But I answer that Christ is the only immediate Head King Law-giver and Governour of his Church as upon his shoulder only is the Government Isa 9. 6. And the key of the house of David Isa 22. 22. And by what right he is the head of all things and set above all principalities and power and might and dominion and every name that is named not only in this vvorld but also in that vvhich is t● come He is the head of the Catholick Church which is his body Eph. 1. 21 22 23. And he is such a head even in externals in giving Apostles Prophets Evangelists Pastors and Teachers who for the vvork of the ministery perfecteth the Saints in vvhom the vvhole body of the Church is fitly joyned together and compacted by that which every joynt supplieth according to the effectuall vvorking in the measure of every part maketh increase of the body to the edifying of it self in love Ephes 4. 11 12 13 14 15 16. Now these places maketh Christ the only immediate head in externals and internall operation of that body which is the fulnesse of Christ Let any of the Formalists if Christ be not the only immediate Head Shew us of King or Bishop who is the Mediate Ministeriall inferior Head of the Catholick Church even in externall Government For Iohn Hart in his conference with D. Roinald saith Christ is the only principall imperiall and invisible Head but the Pope saith he is the visible and Ministeriall Head So do all Papists say but our Protestant Divines Answer That it is a repugnancy that a Subject or a Member of the King and Head should be in any sense both a Subject and a King a part or Member and a Head and Roynald saith This name to be Head of the Church is the Royall Prerogative of Jesus Christ Yea the head in externals must be with the Catholick body as Christ hath promised to be with his Church to the end of the world neither King nor Pope can in the externall Government be with the particular Churches to the end It is true the King may be with his Church by his Laws and power yea but so may the Pope be if all Pastors on earth be but his Deputies and if Pastors be but the Kings Deputies and sent by the King so is the King the Head of the Church but then the Catholick Church hath as many heads as there be lawfull Kings on earth But we desire to know what mediate acts of Law-giving which is essentiall to Kings and Parliaments in civill things doth agree to Kings Parliaments and Synods Christ hath not made Pastors under-Kings to create any Laws morally obliging the conscience to obedience in the Court of God which God hath not made to their hand if the King and Synods only declare and propound by a power of jurisdiction that which God in the Law of nature or the written word hath commanded they are not the Law-makers nor creators of that morality in the Law which layeth bonds on the conscience yea they have no Organicall nor inferiour influence in creating that morality God only by an immediate act as the only immediate King made the morality and if King Parliaments and Synods be under Kings and under Law-givers they must have an under-action and a Ministeriall subservient active influence under Christ in creating as second causes that which is the formall reason and essence of all Lawes binding the conscience and that is the morality that obligeth the soul to eternal wrath though King Parliament Pastors or Synods should never command such a Morall thing Now to propound or declare that Gods will is to be done in such an act or Synodicall Directory or Canon and to command it to be observed under Civill and Ecclesiasticall paine is not to make a Law it is indeed to act authoritatively under Christ as King but it maketh them neither Kings nor Law-givers no more then Heralds are little Kings or inferiour Law-givers and Parliaments because in the name and Authority of King and Parliament they Promulgate the Lawes of King and Parliament the Heralds are meer servants and do indeed represent King and Parliament and therefore to wrong them in the promulgation of Lawes is to wrong King and Parliament but the Heralds had no action no hand at all in making the Laws they may be made when all the Heralds are sleeping and so by no propriety of speech can Heralds be called mediat Kings under-Law-givers just so here as touching the morality of all humane Laws whether Civill or Ecclesiasticall God himself immediatly yea from Eternity by an Act of his free-pleasure made that without advice of men or Angels for who instructed him neither Moses nor Prophet nor Apostle yea all here are Meri precones only Heralds yet are not all these Heralds who declare the morality of Lawes equals may declare them charitative By way of charity to equals but these only are to be obeyed as Heralds of Laws whom God hath placed in Authority as Kings Parliaments Synods the Church Masters Fathers Captains And it followeth no wayes that we disclaime the Authority of all these because we will not inthrone them in the chaire of the Supreame and only Lawgiver and head of the Church they are not under-Law-givers and little Kings to create Laws the morality of which bindeth the conscience for this God only can do Ergo there be no Parliaments no Kings no Rulers that have Authority over men it is a most unjust consequence for all our Divines against Papists deny that humane Laws as humane do binde the conscience but they deny not but assert the power of jurisdiction in Kings Parliaments Synods Pastors SECT III. IF Iesus Christ be as Faithfull as Moses and above him as the Lord of the house above the servant Heb. 3. 1 2 3 4. Then as Moses was admonished of God when he was about to make the Tabernacle for saith he See thou make all things according to the pattern● shewed unto thee in the mount Heb. 8. 5. And
3 4 5. And Moses and all Canonick writers were only to receive the word at Gods mouth and to hear it Ezek. 3. 8. As meer servants and in this the Church of Prophets and of Apostles and the Church that now is were alike I know no Authority of the one above the other Indeed in writing and relating to the Church the will of God and the Scriptures Canonick writers are agents inspired with the Holy spirit immediately breathing on them in Prophecying and in writing Scripture But the Proclaimer of a Law as such hath no influence in making the Law Let it be also remembred that as Papists say two things to the place so do Formalists 1. That it is not against Ceremonies 2. That the Church is limited in making Ceremonies beside the Word that they may not make them too numerous and burdensome This I make good in the words of a famous Iesuit who citeth the words of a Learned Papist approving them Lorinus Coment in Loc. Refellit idem Oleaster Hereticos hinc inserentes institui non posse Ceremonias ac ritus novos circa cultum dei Quam vis ipse optat moderationem in preceptis ac censuris ut facilius suavius possint servari To whom I oppose that golden sentence of a man endued with the spirit of God above any Papist Calvin Com. in Deut. 4. v. 2. Insignis locus quo apertè damnatur quicquid hominum ingenio excogitari potest Ibid. Quoniam preposter â lasciviâ rapitur totus ferè mundus ad cultus fictitios qui tamen precise une verbo damnantur ubi deus ita jubet suos acquiescere positae legi ne justiores esse appetant quam illic docentur All Worship is precisely condemned here or any thing devised about the Worship by the wit of men I would here meet with a Grand exception of Mr. Hooker Eccles Polic. 3. Book pag. 111. Their distinction of matters of substance and of circumstance though true will not serve for be they great things or be they small if God have Commanded them in the Gospel and if his Commanding them in the Gospel do make them unchangeable there is no reason that we should change the one more then the other if the authority of the maker do prove their unchangeablenesse which God hath made then must all Laws which he hath made be necessarily for ever permanent though they be but of circumstances only and not of Substance Ans 1. Our distinction of matters of substance and circumstance rightly taken will serve the turn But the mistake is in that 1. Many things are but circumstances of worship such as are Positives and Religious significant Ceremonies to Formalists that are not so to us for to wear a surplice in sacrificing to Jupiter were to make the Act of wearing that Religious habit an act of Religious honouring of Jupiter but to wear Surplice and to sacrifice in that habit to Iupiter at eight of clock in the morning rather then at ten in this place Physicall rather then this is no worshipping of Iupiter but a meer Physicall circumstance neither up nor down to the worship and time and place Physicall are neither worship nor Religious means of worship 2. Time and Place Name Country Form Figure Habit or Garments to hold off injuries of Sun and Heaven as such ●re never commanded never forbidden of God and therefore the change of these circumstances can be no change of a Commandment of God We never advanced circumstances as such to the orbe and spheare of Morals Formalists do so advance their Ceremonies and therefore if God command Surplice though by the intervening authority of his Church such cannot be altered except God command to alter the Religious signification of white linnen but we know not where God hath commanded the alteration of any Ceremonies except that the Lords coming in the flesh as a thing to come must alter all Ceremonies which shadow forth Christ to come when the body Christ is come already Let us know such a ground for alteration of corner Cap Altar Surplice except to drive such Oxen out of the Temple 3. We hold that the Lords commanding such a thing in the Gospel is a reason why it should be necessarily permanent for ever except the Lord hath commanded it should be for a time only as he commanded Moses's Ceremonies and so Gods Authority of commanding a thing to be unchangeably in his worship is a reason why it should be unchangeably in his worship and his commanding any thing to be for a time only and alterably in his worship is a reason why it should be for a time only alterably in his worship so to us Gods Commandment is a reason why his own Ceremonies and Sacraments of the New Testament should be in the Church because the Law-giver hath in scripture commanded them to be and the reason why Hookers surplice and crossing should not be is because he hath commanded no such thing Now the reasons of alteration of any Laws in the Gospel is from God never from the Church as 1. If God immediately inspire Moses to make a tabernacle and thereafter inspire David and Solomon to make the Temple in the place of the tabernacle and give them no Commandment for a tabernacle its evident that God hath altered and removed the Tabernacle and that the alteration is not from David nor Solomon 2. If God command types and Ceremonies to be in his Church till the body Christ come Col. 2. 17. then when Christ is come and his coming sufficiently published to the world then are his own Ceremonies altered and removed but not by the discretion of Peter and Paul or the Church but by God himself 3. When God commandeth such Offices to be in his house which dependeth immediately upon his own immediate will of giving gifts essentially required to these Offices then these offices are so long in his Church as God is pleased by his immediate will to give these gifts and when God denyeth these gifts essentially requisite sure it is his immediate wil hath altered and removed the office not the will of the Church so the Lord hath alterd and removed these Offices and gifts of Apostles who could speak with tongues and seal their doctrine with Miracles Evangelists Prophets extraordinarily inspired gifts of healing c. 4. Some things are not matters of worship at all but of goods as the community of goods love-Feasts matters of civill conversation these are only in their morality as touching distribution to the necessities of the Saints and brotherly kindenesse unalterable and no otherwise Now for these things that are smaller or weightier we hold they are not in their weightinesse or smallnesse of importance to be considered but as the Authority of God hath imprinted a necessity on them so are they obligatory to us I am obliged to receive this as scripture that Paul left his cloak at Troas no lesse then this Christ came
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 Churches not to the Pastors only 2. The removing of the Candlestick is not from the Angel but from the Church and repentance and the fighting and overcomming a reward of the crown of life and many other things are evidently spoken to the Churches not to the Angels of the Churches And therefore the tryall of false Apostles must be by a Church a Court a colledge of church rulers as Paul speaketh unto Act. 20. 17. Where it is said Paul called the Elders of the Church of Ephesus and exhorted them to beware of false teachers that should not spare the flocke and should teach perverse things v. 28. 29. 30. and of this sort were these lying and seducing Apostles now how can one Angell or many Pastors by preaching onely try false Apostles and finde them lyars This trying and sentencing of lying seducers Rev. 2. 2. must be by a court such as we find to be the practise of the Apostles and Elders at Ierusalem who in a Synod Act. 15. did finde these who taught a necessitie of Circumcision to be perverters of soules and liars saying They had the Apostles authority for what they taught whereas they had no such thing and Schismatick troublers of the people Acts 15. See what further I have said for Excommunication before cap. 2. and sect 7. which proveth also the same thing The Church of Thyatira would not be rebuked for suffering Jezabel to teach if they had no power of Church censures to hinder her It is not enough to say that the Angel of that Church did sufficiently hinder Jezabell to teach when in publike he declared and preached against her false doctrine and by the same reason Pastors exoner their conscience if they preach that such and such scandalous persons are not to eate and drinke their owne damnation though they debarre them not in a visible court by name from the Lords table and though they never excommunicate them and therefore there is not any censure but Pastorall rebukes by way of preaching not any other by way of discipline Ans The Angel of Thyatira had not sufficiently hindered Jezabel to seduce the servants of God by only preaching against her false doctrine in regard that Paul and Barnabas not only hindred those that teached that the Gentiles ought to be circumcised Act. 14. cap. 16. by Preaching but also had recourse to the power and authority of a Synod that in a Synod which is a Court essentially consisting of many Pastors and Elders they might be declared to be perverters of souls and liars as indeed they were judicially declared to be such Act. 15. 24. Hence I argue if the Apostles could not be said sufficiently to hinder Jezabels and Seducers by only Preaching and Disputing against their errors except in case of their persisting in their errors they should tell the Church convened in a Synod as Christs order is Mat. 18. Then the Angel of Thyatira or any one Pastor do not sufficiently hinder scandals but may be well said to suffer them by only private rebuking and publick Preaching except they use all these means to hinder Iezabels false Teachers and all scandalous persons that the Apostles used and therefore the Angel of the Church of Thyatira must be rebuked for not using the Authority and power of the Church against Iezabel And here by the way when these false Teachers had sinned against their brethren in perverting their souls they take not the course that Erastus dreameth to be taken according to Matth. 18. They complain not to the Synedrim or Civill Magistrate who should use the sword against them but to the Church Synodically convened at Ierusalem who used against them the Spirituall power that Christ the head of the Church had given them 6. Arg. If there be an Ecclesiasticall debarring of scandalous persons from the holy things of God especially from the Supper of the Lord by Censures and not by the preaching of the word only then there be Censures and power of jurisdiction in the word beside preaching of the word But the former I make good by these following Arguments 1. Arg. If the Stewards and dispensers of the mysteries of God are to cut the word aright as approved workmen 2 Tim. 2. 15. And are to give every one their portion of bread according to their need and measure Matth. 24. 45 46 47. 1 Cor. 4. 1. 2. 3. and must not s●ay the souls which should not die by denouncing wrath against the righteous nor save the souls alive that should not live by lying words Ezec. 13. 19. by offering mercy to the wicked and impenitent then as they should not deny the seals of salvation to Believers hungring and thirsting for Christ neither should they give the seals of life to those that are walking openly in the way of destruction But the former is true Ergo so is the latter The Proposition is clear As the word should not be divided aright if wrath should be Preached to believing Saints and life and salvation offered to the obdurate and wicked so neither should the Stewards cut the seals of the word aright if the Supper were given to wicked men If they should say This is the blood of the Covenant shed for the Remission of your sins Drink ye all of it They should save alive those that should die with lying words for the seals speak to the Communicant and apply to him in particular the very promise that in generall is made to him and this will prove as the Magistrate being no Steward of the word and not called of God thereunto as Aaron was Heb. 5. 4. can no more distribute the word and seals to whom he pleaseth Ex officio then he can Preach and Administer the Sacraments nor should another man who is no Steward but a Porter or Cook Teach and that by his office how and to whom the Steward should distribute Bread nor is it sufficient to say by this one man not the Church is to debar from the Sacraments for the seals being proper to the Church as the Church he must act here in and with the power of the Church 2. It is another question whether by the Minister or by the Church any ought to be debarred and whether there be any such Censure as debarring from the Seals and it s another question by what power whether by the power of order or by the power of jurisdiction Ministers may debar the scandalous from the seals I conceive by both powers they may keep the Ordinances pure and if it belong to the Magistrate to debar any more then to preach the word and by the way of Erastus The Magistrate by his office as he is a Magistrate only is deputed of Iesus Christ to Steward the seals to whom he pleaseth Ergo say I to cut the word aright to whom he pleaseth must be his due 2. Arg. As the dispensers of the word must not partake of other mens sins 1 Tim. 5. 22. so neither should
brother that is a fornicator Erastus saith he forbiddeth no such thing 2. Though I think Christians may eat with heathens 1. Cor. 10. 27. and that Paul did eat with heathen yet it is no argument to say it is therefore lawfull to eat with one cast out of the Church because we may eat with heathens to gain them and we are not bidden abstain from heathens company that they may be ashamed of their religion though Christians are to use no heathens with intimate familiarity as we do our brethren in Christ But we are to eschew intire fellowship with a scandalous and cast out brother to gain him that he may be ashamed 2 Thes 3. 14. and in this a scandalous brother is in worse case then a heathen But in other respects he is in better condition as being under the medicine of the Church 3. Though we may have commerce and buy and ●ell with heathens and neglect no dutie● of humanity to them as to receive them into our house and to be hospitall to them Heb. 13. 2. Iob 31. 32. Yet this will conclude intire fellowship with neither heathen or scandalous brethren Yea we are not to receive a false teacher into our house 2. Ioh. ver 10. Yet are we not forbidden to neglect duties of common humanity to false Teachers though we be forbidden intirenesse of Brotherly fellowship with them Erastus There is not the same reason of holy things and of private civill things for this not eating belongeth to private conversing with men not to publike Communion with them in the holy things of God One saith It is in our liberty Whether we converse familiarly with wicked men or not But it is not in our power Whether we come to the Lords Supper or not And Paul will not have us to deny any thing that belongeth to Salvation and therefore he saith 2 Thess 3. Admonish him as a Brother and none I hope can deny but the Sacraments are helps of godlinesse and Salvation Ans 1. It is true that avoiding of the company of scandalous Brethren hath in it something civill but it is a censure-spirituall and a Church-censure two wayes 1. Objectively in its tendency Respectu termini ad quem 2. Effectively in its rise and cause Respectu termini à quo it is a spirituall censure Objectively because it tendeth to make the party ashamed that he may repent and become a Brother with whom we are to converse and therefore is destinated for no civill use but for the good of his soul that is a member of a Church that he may return to what he was 2. This censure though one private Brother may exercise it upon another yea a woman on a man who yet hath no Authority over the man is notwithstanding in its rise and efficient cause a Church-censure 1. If Christ will not have one Brother to condemne another while first he rebuke him and if he be not convinced while he do the same before two or three witnesses and if he yet be not gained one private Brother may not after conviction before two or three witnesses repute him as a Heathen or complain of him before an Heathen Iudge as Erastus saith How shall we imagine any one single Brother may withdraw Brotherly fellowship from another Brother by his own private Authority while he first be sentenced before the Church And the Church shall convince him to walk disorderly to cause divisions and offences to be a Fornicator a Covetous person and so to be unworthy of the intire Brotherly fellowship of another For if this order were not in the Church every Brother might take up a prejudice at his Brother and so break all bands of Religious Communion and Brotherly fellowship and dissolve and make ruptures in the Churches Now certain it is These Texts Rom. 16. 17 18. 2 Thes 3. 11 12 c in the letter intimate no such order as is Matth. 18. But it is presupposed as clear by other Scriptures we are not to withdraw from an offending Brother but after such an order Now the places in the letter except we expound them by other Scriptures do not bear that we are to rebuke our Brother before we withdraw from him contrary to Levit. 19. 17. 2. If I am to withdraw from a Brother all Brotherly fellowship by these places then I am to esteem him as a Heathen and as a Brother in name not in reality 1 Cor. 5. 11. Whereas once I esteemed him a Brother and did keep Brotherly fellowship with him now this is materially Excommunication I do no more in this kinde to one who is formally Excommunicated yea I am not so strange to a Heathen Ergo This I must have done upon some foregoing sentence of the Church otherwise I might un-Church and un-Brother the man whom the Church neither hath nor can un-Church and un-Brother 3. Eschewing of Brotherly fellowship to any is an act of Government distinct from the Preaching of the Word tending to make a Brother that walketh disorderly ashamed that he may repent and of a Brother in name only may become a Brother in reallity 2 Thes 3. 14. But this act of Government belongeth not to the Christian Magistrate for every Brother saith Erastus may exercise it toward his Brother Ergo here is Church-Government that the Magistrate hath no hand in contrary to the way of Erastus and not in the hands of Pastors for it is distinct from Preaching nor is it in a Colledge of Pastors Doctors and Elders for Erastus denyeth any such Colledge Ergo here every one must govern another the man the woman and the woman the man the son the father if he walk unorderly and the Father the Son this can be nothing but the greatest Confusion on Earth 4. To put any to shame especially publikely by way of punishment for publike sins must come from some Iudges or others armed with Authority Iudg. 18. 7. 1 Cor. 4. 14. 1 Cor. 6. 5. 1 Cor. 25. 34. Then the Apostles sense cannot be that every one hath power of himselfe without the Church or any authority there from to put his brother to shame for when a brother is not to eat with a scandalous brother he must be convinced by the Church to be scandalous and so cast our 1 Cor. 5. 11 12 13. as we have proved before and every man here should be his owne judge and party in his owne cause except he put his brother to some shame by an higher authority then his owne The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to put a publike note or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon the offender So Stephanus So Piscator Nota ignominiosâ excommunicationis Pomponius laetus de Magistr Rom. ● 21. Censores quinto● quoque anno creari solebant hic prorsus cives sic notabantur ut qui Senator esset ejece●etur Senatu qui eques Romanus equum publicum perderet c. Mathaeus Harnish Gec Gabellus who adde to Zanchius his Commentary in 2
the Iewes that he should not be taken and crucified as is clear in the words but he opposeth not his Kingdome to an externall visible Kingdom for his Church visible consisting of visible Officers is his Kingdom Eph. 4. 11 12. 1 Cor. 12. 13 c. The Word of the Kingdom is audible and it is visibly professed and Ministers are visibly and externally called to the holy Ministery by the laying on of the hands of the Elders and voices of the People but he opposeth his Kingdome to a Kingdome fighting with the Sword and using the coactive power of the sword to save him from being apprehended and crucified by the Iewes Now this is the Magistrates Kingdome for he beareth not the sword in vain Rom. 13. 4. and so Christ evidently proveth in these words that the power that beareth the sword which is the very essence of the Magistrates office as a Magistrate is not a part of his Kingdome for his Kingdome is of another World and Spirituall but the Magistrates power is of this World and useth worldly weapons as the sword Then it is evident that the Magistrate as the Magistrate 1. Is not subordinate to Christ as Mediator and head of the Church 2. That when it was said All power in heaven and earth is given to the Mediator Christ The sense cannot be the power of the sword was given to him as Mediator to be a judge and a Ruler on earth which he refused Luke 12. 13 14. though as God he hath the power of the sword 3. That the supream Magistrate as Magistrate is not the onely Deputie Delegate and Vicar of Christ as Mediator for if Christ as Mediator have a substitute and Deputie such as the Magistrate as the Magistrate who beareth his bloodie sword to cut off the enemies of the Church and to fight for Christ then 1. Christs Kingdome surely should be of this World 2. By the same reason since as Mediator he is Priest and a High Priest to offer a sacrifice to God as all Priests must doe that are proper Priests Heb. 8. 3. c. 9. 7. c. 10. 14. c. 10. 1 2 3. c. there must be Priests under Christ properly so called to offer some bloodie sacrifice satisfactorie for sinne which is blasphemie to say I meane proper Priests for otherwise in a figurative and borrowed sense all beleeevers are Priests to offer themselves to God Rom. 12. 1. Revel 1. 5. 6. 1 Pet. 2. 9. but not the Deputies of the High Priest Iesus Christ and by the same reason he must have Prophets under him that are Vicars and Deputies which is unpossible for Christ as Prophet and great Prophet is essentially Lawgiver and the Author of Cannonick Scripture and he who really by a supernaturall power teacheth the heart but so he hath no Deputies nor any Ministers or Prophets nor any under Law-givers or under Prophets which by an action or any active power communicated to them can as under Lawgivers devise any part of Law or Gospell or any other part of Cannonick Scripture or have any active influence supernaturall to make a new heart Hence all our Divines say Christ as Mediator and King of the Church hath no Deputies neither King nor High Priest nor Pope nor Saint 4. It must follow that the Magistrate who as Magistrate beareth the Sword is not the head officer of the Church under the Mediator for as Magistrate he must act with the sword upon the Church as the Church and the Ministers of the Gospell as they are such whereas when the Magistrate doth act as Magistrate on the Ministers with the sword he doth it on them as men erring and sinning But onely so he procureth as a Magistrate the spirituall good of the Church as the Church indirectly and by the sword in driving away Hereticks and wolves from the flock That Church which is the pattern and rule to all the Churches unto the end of the world in those things that belongeth to a Church as a Christian Church must be our rule and paterne in Government But in the Apostolick Church of Jerusalem Antioch Ephesus Thessalonica Corinth Galatia Philippi Colosse the seven Churches of Asia planted and framed up as perfect Christian Churches by the Apostles the Magistrate was not the only supream Governour of Churches nor did the Apostles Elders and Teachers in those Churches nor the Church act preach dispence the Sacraments rule governe as servants under and through and from the Authority of the Magistrate or King as his Vicars deputies and servants But by immediate Authority from Iesus Christ placed in them without the interveening mediation of Magistrates Ergo that Church should be the patern of our Church though the adversaries deny the proposition to wit that the Apostolick Churches as Apostolick should be our patern in all things in regard that the Magistrates were then heathens enemies to the Church and Gospel and so de facto actually and by accident could not be the supream officers and Governours of the Church yet now when we have Christian Magistrates that are nursefathers to the Church and beleevers professing the Gospel such as David Solomon Iosiah Iehoshaphat and Ezekiah and other godly Princes of Israel and Iudah were and therefore that the Church as it is a Generall both to the Iewish and Christian Church should be our paterne in Government yet we have though I say they deny this Major a great advantage of the adversaries in these 1. We have the first Christian Church to be our paterne and the New Ierusalem that came downe from Heaven from God Revel 21. 10. The mother of us all Gal. 4. 26. Which is builded upon the foundation of the Apostles and Prophets Jesus Christ himselfe being the chief corner stone Ephe. 2. 20. to be our rule and paterne and all that was prophecied though not compleatly in all the degrees of the Church of the Apostles was then fulfilled as touching the essence of a Church 2. Yet here the Magistrate was no chief officer 3. The adversaries must prove Moses David Solomon and those godly Kings as Kings and Magistrates and virtute officij were supream rulers and Church-officers and so that Constantine and all the godly Princes and Emperours were by vertue of their office as Magistrates all such Prophets as were Moses David Solomon for certainly they as Prophets wrote Scripture had the form and structure of the Temple revealed to them of God received Laws from God for the Priests if our Kings as Magistrates now can do the like we shall then say something to their Headship over the Church 4. And if they reformed Religion in the time of the defection of the Priests when they were holy and zealous and walked with God and did right in the sight of the Lord like unto David such as Jehoshaphaet Josiah when the Priests were corrupt we shall grant the like to Parliaments made up of Josiahs and Ezechiahs when the Assembly of Divines are
the Church of the Jews never took on them to command the observation of these forgeries under the pain of Church-censures as Papists and prelats did their Crossing and their Surplice Hooker saith A Question it is whither containing in Scripture do import expresse setting down in plain terms or else comprehending in such sort that by reason we may thence conclude all things which are necessary to salvation The Faith of the Trinity the Co-eternity of the Son with the Father are not the former way in Scripture for the other let us not think that as long as the World doth indure the wit of man shall be able to sound to the bottom of that which may be concluded out of Scripture Traditions we do not reject because they are not in Scripture but because they are neither in Scripture nor can otherwise sufficiently by any reason be proved to be of God That which is of God and may be evidently proved to be so we deny not but it hath in its kinde although unwritten yet the self same force and authority with the Written Laws of God Such as are alterable Rites and Cystomes for being Apostolicall it is not the manner of delivering them to the Church but the Author from whom they proceed which gave them their force and credit Ans 1. The consequences of Scriptures are doublesse many and more then are known to us and the particulars of that Government that we contend for are in Scripture that is there should be no Government but what is either expresly in Scripture or may be made our by just consequence we believe if they cannot be proved from Scripture let them fall as mens hay and stubble But in the mean time these are two different questions Whither there be an immutable Platform of Discipline in the Word Or whither ours be the only Platform and no other If we carry the first Ceremonies must fall And certainly in all reason we are on the surest side If we cannot observe all that is written it is not like that God hath laid upon us unwritten burdens 2. Hooker doth not reject all the Popish Traditions as our Divines Reformed do because they are not warranted by the Word so that if the Images of God and Christ and the Worshipping of them and Purgatory and the Supremacy of the Pope can be proved to be of God though they be no more in Scripture then Crossing and Surplice then would he receive all these as Having the self same force and authority with the Written Laws Now we know no other weightier Argument to prove there 's no Purgatory but because the scripture speaketh of Heaven and Hell and is silent of Purgatory 2. That naturall reason can warrant a positive instituted Worship such as Surplice betokening Pastorall Holinesse without any Scripture is a great untruth for naturall reason may warrant new Sacraments as well as new Sacramentals 3. If Traditions have their force and credit from God not from the manner of delivering them that is from being contained in scripture or not contained in it then certainly they must be of the same Divine necessity with scripture For whither Christ Command that the Baereans believe in the Messiah by the Vocall Preaching of Paul or by the written scriptures of the Prophets and Apostles it is all one it is the same word and coming from Christ must be of the same Divine authority But this is to beg the question for that we are to believe no unwritten tradition because it is unwritten to have the self same force and authority with the Written Laws of God For Lorinus Cornelius a Lapide Com. in 4. Deuter. Estius Com. in 2. Thes 2. 15. Bellarmine Tannerus Malderus Becanus say Whither the Lord deliver his minde to us in his Written Scripture or by Tradition it is still the Word of God and hath authority from God But the truth is to us it is not the Word of God if it be not a part of the Counsel of God written in Moses or the Prophets and Apostles for though the Word have authority only from God not from the Church nor from men or the manner of delivering of it by word or writ yet we with the Fathers and Protestant Divines and evidence of scripture stand to that of Basilius Homil. 29. Advers c●l●mnian●es S. Trinit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Believe what are written vvhat are not vvritten ●eek not after And so seek not after Sur●lice Crossi●g and the like And that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every word and so this That Crossing Surplice are Religious signes of spirituall duties and every thing or action must be made good by the Testimony of the heavenly inspired Scripture these things that are good and so Religiously decent and significant may be fully confirmed and these that are evil corfounded And to us for our Faith and practise if it be not Law and Testimony it is darknesse and not light And as Gregor Nyssen the Brother of Basyl saith Dialog de anim et Resurrect tom 2. ed. Grecola● pag. 639. Edit Gre● pag. 325. That only must be acknowledged for truth in which is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the seal of the Scriptures Testimony 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And how shall it be true to us i● Scripture say it not Or how shall it appear to us to be from God For Cyril Alexandrin saith What the holy Scripture saith not such as are your Positives of mens devising how shall we receive it and account it amongst things that are true And it is not that which Hereticks of old said for their Heresies to say ●s Hooker doth that any thing may be proved to be of God which is not written in Scripture For saith Hieronimus in Hag. c. 1. Sed alia quae absque authoritate testimoniis Scripturarum quasi Traditione Apostolica sponte reperiunt atque confingunt percutit Gladius dei The Scripture doth bar the door upon Hereticks saith Chrysostome And he is a Theef that taketh another unlawfull way then the Scripture And by what Argument can reason without Scripture prove that Crosse and Suplice are of God But by that same reason Papists without Scripture can and may prove their Traditions to be of God And if we admit reason and exclude Scripture it is as easie to prove their Traditions as our Positive additions to Worship And what Answers Papists give for their Traditions to ●lude the power of Scripture and evidence of Testimonies of fathers all these same are given by Prelats for their additions to say nothing that Hooker asserteth unwritten Traditions to be Gods Word and in the very stile of the Councel of Trent we are to acknowledge Traditions though unwritten yet to have the self same authority and force with the Written Laws of God And shal the Surplice and Crosse and such stuffe be of the self same force and authority with the Evangel according to Luke and John
repent and die devoutly Beza saith Pastors should give food to the hungry sheep though they know not the moment when they do repent Erastus Replyeth Then give Word and Sacraments to those who seek them Ans This is more Charity then the Scripture knoweth belike Erastus will have all those that seek God daily and delight to know his wayes and ask for the Ordinances of Iustice and take delight in approaching to God to be all hungry souls hungring for Righteousnesse and so blessed Matth. 5. 6. Luk. 1. 52. Isa 55. 1. Whereas Isaiah saith They may do all that and be but plaistred Hypocrites Isa 58. 1 2 3 4 5 6. Erastus But if the Excommunicated man repent whether soon or late he was never cut off from inward communion with Christ for then the elect might perish if David and Manasseh had been excommunicate and died they had been saved except we deny the perseverance of the Saints Ans Erastus evidenceth he hath little skill in Divinity he thinks a regenerate man not capable of Excommunication why and the sad falls of David Peter and others prove they may fall in as great sins as not hearing of the Church 2. If one repent in his death as the repenting Theef will that infer he was never all his life separated from Christ The contrary is true and cleare in the Ephes 2. 1● 12 13. Tit. 3. 3. ● Tim. 1. 13 14 15. 3. This is as strong as it is weake as water against all the threatnings denounced against such sinners as the Lord gisteth with Repentance for Excommunication to the regenerated is a sort of Evangelick conditionall threatning Erastus To give internall communion with Christ is a spirituall thing Ergo The Church cannot take it from any and that same power that giveth taketh away then the Presbytery cannot by loosing give salvation nor by binding take it away Excommunication on earth is nothing except God binde first in heaven then it is but a declaration of what God doth to shew the sentence that another judge hath given out is not to judge there is a difference between those that by authority give out a sentence and those who as servants doth promulgate the sentence So Luther tom German 1. fol. 239. Excommunicare non est ut quidam opinantur animam Satanae tradere precum fructu à piis factarum spoliare Nam ubi vera fides charîtas in corde remanent etiam vera communio Dei precum Christianitatis fructus permanent postquam aliud est excommunicatio nec fieri aliud potest quam privatio externi Sacramenti ac commercii cum hominibus ac si in custodiam traditus externâ amicorum consuetudine priver amore favore eorum interea non spolier Ans This is but the old argument of Erastus repeated almost a hundred times to please the people We never taught that either Presbytery or Minister can give or take away inward Communion with God But hence it will not follow that Excommunication is an empty thing for all we doe is but a Ministery Christ doth make the whole Gospel promises threatning Sacraments effectuall else What is Paul What is Apollo but the Ministers by whom ye beleeve And what is the planting of Paul or the watering of Apollo except God give the increase If this anull Excommunication because Excommunicators are not properly judges but onely Servants and Heralds to declare what Christ doth in Heaven then may Erastus prove that the Word Promises threatnings of the Gospel The Apostles Evangelists Pastors Teachers are nothing for all of themselves are meere declarations of Gods will 2. Those who Excommunicate because they judge not but declare the will of Christ they are not for that void of all authority for their declaration is authoritative What did Ieremiah but declare Gods will yet it is such a propheticall and authoritative declaration as I conceive Baruch or any other not sent as a Prophet of God could not beare that which God putteth on Ieremiah c. 1. 10. See I have this day set thee over the Nations and over the Kingdomes to root out and to pull downe to destroy and to pull downe to build and to plant Hath Ieremiah no Propheticall authority over the Nations and Kingdomes to whom he prophesieth in the Name of the Lord to build and destroy to root out and to plant because he declareth and prophesieth that such Nations shall be destroyed and rooted out for their wickednes and such shall be builded and planted Then meer declaration saith nothing against Excommunication Paul saith he and the rest of the Apostles were nothing but Ministers 1 Cor. 3. 5. and yet authoritie they had else he could not say 2 Cor. ●0 6. We have in readinesse vengeance against all disobedience Verse 8. For though I should boast somewhat more of our Authority c. I should not be ashamed and 2 Cor. 5. 20. Now then we are Ambassadors for Christ but I pray you 1 Cor. 12. 29. Are all Apostles Are all Prophets Are all Teachers 3. What Luther saith is true Excommunication can put none out of the state of saving Faith and inward Communion with God nor doth deprive men of the fruit of the Prayers of the godly for the godly pray that Excommunication may be medicine effectually blessed of God for the saving of the mans soul yea Gods not hearing of the prayers of the godly praying in a Church way that he may be humbled is a mean to humble the cast out man nor is the man delivered to Satan morally to be hardned but judicially and withall medicinally to be softned that his spirit may be saved Nor is the Church to hate him but to admonish him as a brother 2 Thes 3. 15. And he is so deprived of the externall society and meanes as the operation of the ordinances is suspended Erastus If any should die in their typicall uncleannesse were they so Excommunicated that their salvation was in hazard Ans Not so they repented What then Ergo Excommunication was not ratified in Heaven it followeth not Erastus Beza saith Those that were morally polluted with hainous sins were more unclean then those who were typically only unclean Ergo They should be far rather excluded from the holy things of God Erastus answers If God had commanded them to be punished with the same punishment and not with diverse it would follow that those that are morally impure should rather be debarred then the other Ans But the Ceremoniall uncleannesse was punished so to signifie Gods detestation of morall uncleannesse and how hatefull they were who would multiply sacrifices and yet had hands full of blood Esa 1. And who would steal murther whore and yet come and stand before God in his house and cry The Temple of the Lord are these Ier. 7. 49. And that God punished the one with heavier plagues then the other is much for us that adulterers far more and the uncircumcised in heart were to be
Paul for fear of the iniquity of this Church or Sanedrim dealt with them as Heathen and appealed to Cesar Ans But by what Law of God did they this It is not denyed but the Iews Synedrim being two courts did inflict punishment But that Christ establisheth a civill Sanedrim as a mean Matth. 18. To gain the soul of a brother is now the question we utterly deny this and gave reasons before thereof to which I adde if any obeyed not the Church that is the Sanedrim as Erastus saith they might be stoned to death as Steven was Was this Christs milde way to cite them onely before the Romane Senate Were dead men capable of answering to any further Iudicatures 2. The last step of conveening Heathens and Publicans before the Romane Senate according to Christs order is not to be observed with them for even Heathens and Publicans are so far forth our brethren that 1. We are not when they offend us to suffer sin in them but to rebuke them as Christians Lev. 19. 18. For this is the Law of nature The Law of nature will teach us not to hate an Heathen in our heart 2. We are to labour to gain all even those that are without the Church 1 Cor. 9. 19 20 21 22. 1 Pet. 3. 1. And this is Christs way of gaining all to rebuke and admonish them Ergo it was never Christs meaning to deal with Heathens and Publicans so as at the first we are to drag them before the Heathen Magistrate that by his sword he may gain them or take away their life yea and Erastus granteth in Ecclesiasticall crimes that the Iews had power of life and death in the matter of Steven and of Paul if he had not appealed to Cesar to save his head Josephus de bel Judaic Lib. 5. Cap. 26. Antiquit. Lib. 14. Cap. 12. But in things politick Cesar took all power of life and death from them Hence only is Christs time the footsteps of the two distinct courts remained and the Priests not the civill Magistrate had the power of Church-discipline But all was now corrupt CHAP. IX Quest 5. The place 1 Cor. 5. for Excommunication vindicated from the Objections of Erastus Erastus Paul did nothing contrary to the Command of Christ But Christ excluded no man from the Passeover not Iudas Ergo Neither minded ●e to exclude the incestuous man he saith not 1 Cor. 5. Why debarred you him not from the Sacrament But why did you not obtain by your tears and prayers as Augustine expoundeth it that the man might be cut off by death Ans Christ would not take the part of a visible Church on him to teachus that none should be cast out of the Church for secret and latent crimes 2. Paul did nothing without the Command of Christ But Christ neither in the Old or New Testament commanded his Church to pray for the miraculous cutting off of a scandalous person give an instance in all Scripture except you make this one which is contraverted your instance Erastus Paul 2 Cor. 2. absolveth the man from all punishment and nameth onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rebuking Ergo He was not excluded from the Sacrament Ans Exclusion from the Sacrament is but one of the fruits of Excommunication not formally Excommunication yet he harpeth on this alway that to be excommunicated or to be delivered to Satan is but to be debarred from the Sacrament 2. The answer presupposeth he was Excommunicated we urge the place for a precept only of Excommunication if he repented to the satisfying of the Church there was no need of Excommunication 3. If the man 2 Cor. 2. was delivered from rebuke onely and if that was all his punishment Ergo he was not miraculously cut off for then he must have been miraculously cut off and raised from death to life againe unlesse miraculous cutting off had been no punishment But if he was not miraculously cut off because he prevented it then with what faith could the whole Church pray for the miraculous killing of a brother and not rather that he might repent and live 4. In all the Word of God the intrinsecall end of putting to death a Malefactor is to avenge Gods quarrell Rom. 13. 4. That all Israel may hear and feare and doe no more any such wickednes Deut. 13. 11. To put away the guilt of sinne off the Land Numb 34. 33 34. that the Lords anger may be turned away and a common plague on the Church stayed when justice is executed on the ill doer Psal 106. 28 29 30 31. And it concerneth the Church and Common-wealth more then the soule of the Malefactor and there is nothing of such an end here But the intrinsecall end here is that the mans Spirit may be saved in the day of the Lord Jesus and this delivering to Satan is in the Name and authority and by the power of the Lord Iesus 1 Cor. 5. 4. 5. Now the Sonne of man came to save soules not to destroy bodies and burne cities and though by the power of Christ Peter miraculously killed Ananias and Saphira and Paul stroke Elimas the Socererer blinde yet these being Miracles we heare not that this was done by any interveening act of the Church conveened or by their prayers to bring vengeance by a miracle on the ill do●r Peter and Paul doe both these not asking any consent or intervention of the peoples prayers but by immediate power in themselves from the Lord Jesus 2. If any such power were given to the Church by their Prayers to obtain from God a miraculous killing of all scandalous persons who infecteth the Church in case the civill Magistrate were an Heathen and an enemy to Christian Religion and refused to purge the Church Christ who provideth standing remedies for standing diseases must have left this miraculous power to all the christian Churches in the earth that are under Heathen Magistrates or some power by way of Analogie like to this to remove the scandalous person but we finde not any such power in the Churches under Heathen Magistrates except power of refusing to the offender the Communion and rejecting him as an Heathen and Publican that he may be ashamed and repent 3. The whole faithfull at Corinth men women and children and all the Saints for to those all i● this power given as Erastus saith must have had a word of promise if they ought to have prayed in faith as the Prophets and Apostles prayed in faith that they might work miracles that Paul was miraculously to kill the incestuous man But that all and every one who were puffed up and mourned not at this mans fall had any such word of promise I conceive not imaginable by the Scriptures for the Proposition I take it as undeniable if Paul rebuked the Corinthians all and every one because they prayed not and mourned not to God that Paul wrought not this miracle in killing the incestuous man they behoved to have