private Tables men discourse of any thing whatsomever neither is he not only corrected that hath sineed if he thinke that he is also dear unto all after his sin as before but likewise others are more easily corrupted But if he see himself to be avoided and fled he cannot but think for what that is done and resolve to live a new life lest he should be desparaged by those who loved him before Therefore as the deniall of private commerce doth fright us from uncleanness and vices so familiar living together doth cherish and nurse the same in us But the receiving and denying of the Sacraments is a thing of a far different nature from this for the frequent receiving of them doth not at all so confirme and nurse vice as private familiarity for in the Temples where they are administred there is no conferences of private and vain things but the Word of the Lord is Preached Therefore when men hear that Christ hath died for them and that he requireth for that benefit publick thanksgiving and that he is not a worthy guest that hath not tried himself rightly but that they all have judgment to themselves that unworthily eat thereof Then he that hath resolved with himself to come unto the Lords Table whatsomever a man he was before will be compeld to thinke with himself what God would have done and how afterwards he may so lead his life that it may be acceptable unto God He that is deprived of this invitation becomes alwaies worse but never becomes better for which cause nevertheless it seems that God appointed and commanded so many Sacrifices Ceremonies and Oblations Truly the Apostle never commanded those men to be debard of the Sacraments with whom good men were not suffered to live familiarly And when in another place he desireth that such men should be signified to him by an Epistle he doth not lay this upon the Elders that they should Excommunicate them or keep them back from the Sacraments all which do manifestly prove that they are in a grosse mistake that do think the Apostle doth either appoint or approve of Excommunication in this place LXVII But nevertheless say they the Church ought not to be polluted with communion of evill men therefore it is needfull that good men should be without dissimulation separate from evill men Ianswer this That evill men cannot defile good men in the use of these Ceremonies that are appointed by God so long as they do not follow their nature and manners For neither the Prophets nor the holy Kings and Judges nor John the Baptist nor Christ himself nor his Apostles afterwards were defiled when in the Temple they were present at the same Sacrifices with men of most wicked lives and did receive with them the same Sacraments That generation of Vipers did not defile Christ when together with them he was Baptized with the same Baptisme by John and Judas presence at the last Supper did not defile either Christ or his Apostles albeit he was both a Thief and thinking how to betray Christ and had received money therefore The Apostle Paul doth not command us that the celebration and usurpation of the Sacraments we should one examine another and that we should look about if there be any there present that can defile us but he commandeth thus that every man should examine himself and not others LXVIII Hitherto it hath been proved by me effectually and truly that no Circumcised Person before Christ were forbidden to come to the Ceremonies and Sacraments instituted of God by Moses for the offences of the life and manners and together with this I shew that it was not lawfull for any even to do the same Afterwards it was demonstrate by reasons and the evident Testimonies of the holy Scriptures that neither Christ nor his Apostles did teach or do any otherwise Moreover I thought this also that what was brought by these of another judgment could not at all patronize their opinion wherefore now I see nothing that can further hinder me that I should not rightly and truly conclude that this Excommunication which debarreth Christians from the Sacraments only because of the uncleanness of their lives was not commanded by God but was invented and feigned by men For it is so far from truth that it can be shewn that it is founded in the Holy Scriptures that rather the contrary of it can be proved LXIX Therefore some men will say Will you then condemn so many holy Bishops which immediately after the Apostles times began to Excommunicate vile persons I answer It is one thing to improve the Doctrine and another thing to improve the man Many learned and godly men of our age have pondred and confuted the Catholick errors as I may call them of the Ancients as limbum patrum in Hell the fire of Purgatory the intercession of Saints Exorcisme and Baptism the single life of Priests unction in Baptism and death Prayers for the dead and in this present cause satisfactions Notwithstanding I do not remember that any of them have been accused therefore because they condemn the Ancients If they would have had this Excommunication thrust upon the Churches as a Law published by God I do not praise it Albeit I do much praise and approve of their study and good will in the mean while For by this meanes they studied seeing they could meet with no other better meanes hereby to bridle the wantonness of wicked men And most part also as we see to be done even this day did follow that publick custome received by all neither came it ever in their mind to inquire whither it was a thing agreeing to Scriptures or no. LXX Concerning the originall of this Excommunication I can bring nothing now that is certain except the 200. years after Christ that I find some such thing first to have been asseyed and done for more then 100 and 50. years I find not any to have been excluded from the Sacraments for the uncleanness of their life These that are versed in reading of the Fathers and in History perchance can affirme something more certain He that will attentively read those things which are left written by Socrates in the 5. Book and 19. Chapter of this Ecclesiastick History will I believe suffer themselves easily to be perswaded that this custome of Excommunication was introduced into the Church about Novatus time Notwithstanding Sozomenus in his 7. Book and 16. Chap. relateth another cause of the institution hereof But we also read that Victor Bishop of Rome about the 200. year of our Lord forbid them the use of the Supper that would not forgive injuries I have observed that before this time the communion was denied only to Hereticks and to such as was averse from Religion but however this be yet that is certainly known that excommunication was therefore brought into the Church that there might be in it some bridle to and punishment of vice Afterwards when the Church now had gotten
this man the Arke of God was carried and things belonging to religion were done as is manifest by the whole Book of Joshua Samuel and Eli when they did discharge both the Offices they did offer as Priests and as Judges they put in order things belonging to the Common-wealth together with Religion And indeed it was lawfull for the high Priests in the Old Testament to govern also civill business because they were Types of Christ as King and Priest but to our Priests it is said but you shall not do so 1 Pet. 5. which belongeth likewise to this place LXXIV When ye come to the Kings of the Jews the matter is also clear of David no man doubteth who did dispose of all Offices and Ministers of the Church as is manifest Let any man read who will 1 Chron. 22 27. Afterwards Salomon the King did not only build the Temple but did also consecrate it and not a Priest Hitherto belongeth that famous History of Jehosophat 2 Chron. 19. which being diligently pondered will clear this cause excellently as doth likewise the History of most holy King Ezekias and to conclude the whole Old Testament Wherefore if that Common-wealth and Church was most wisely founded ordered and constitute That Church cannot but be praised that cometh as near as the circumstances and present matters will permit to its forme Therefore wheresomever the Magistrate is pious and Christian there there is not read in any person who under another name of life should governe or punish as if the pious Magistrate differed nothing from the prophane It is really the worst of all errors saith Mr. Wolfgang Musculus in his common places of the Magistrate out of which I have written out what next proceeded that most part think no otherwise of the Christian Magistrates then of the dominion of the profane whose power is only to be acknowledged in civill matters Therefore if the godly Magistrate hath not only received power to constitute religion according to the precept of the holy Scriptures and to dispose of its Offices and Ministers for which cause Moses commandeth him Which is chosen King with his own hand to write out the Book of the Law or Moses's own writings and to exercise himself therein continually But likewise also to punish vices Then in vain do now some amongst us thinke of a new forme of judgment which shall reduce the Magistrate himself orderly and under his own subjects For that Ecclesiastick judgment-Seat of manners for Doctrine the Magistrates ought ever to consult them that are most acquainted therewith it is not to be found commanded in any place of the holy Scriptures LXXV But in these Churches that live under an ungodly Magistrate to wit under a Popish or Turkish grave and godly men must be chosen who must give judgment betwixt men that are at strife and must compose all differences and do other things of this kind And the same men ought together with the Pastours to admonish and rebuke unclean and defiled persons And if they prevaile nothing they must punish them either by denying them private commerce or by publick rebuke or by taking some other such notice of them But they cannot debar them that desire to come to the Sacraments instituted by God For who judgeth the heart but God It may come to pass that a sparke may be kindled by the publick Preaching To norish which by any means that opposeth not Piety is not only unprofitable but altogether fruitfull And I pray you how can it not be absurd and therefore ungodly to debar one from the publick and solemn Thanksgiving for the remembrance of the death of the Lord which findeth in his heart that he is compeld to celebrate the same together with the Church and who is willing to declare himself to be a member thereof and will publickly declare that his by-past life iâ—d ispleasing to him Appendix PErchance it will not be besides the purpose if in place of an addition or corollary I adde what was decreed by all the Orders of the Laicks belonging to the Empire in their meeting at Nurenberge Anno. 1523. concerning this matter and were offered to the Pope of Rome For by this meanes-will appear that before about 46. years ago the Divines begun to thinke of this Dispute neither are we the first that move the same Indeed I believe there is not any that is but in a mean measure acquainted with the Germane affaires which either thinketh or believeth that any of these things were decreed or desired from the Pope without the knowledg of the Divines But that the matter might be more clear it pleased me to conferre the Dutch examples which was writ in the writing it self with the Latine one which was sent to the Pope which Illyricus Printed with this Book of the Sects and Schisms of Popery at Basil 1565. and out of the colation of both is set down the whole Decree Therefore amongst the one hundred grievances which were two years before done at Wormes but were now set down more distinctly at Nurenberg the Thirty fourth pronounce thus Item Many Christians at Rome and in other places also are Excommunicated by Arch-Bishops Bishops and their Ecclesiastick Judges for profane causes and temporall goods And many infirme consciences are afflicted therewith and led into dispaire So for many and for transitory things and very oft for very light causes some besides that they loose their honour and their fortunes are thrown into the danger both of soul and body When notwithstanding no man ought to be Excommunicate or ought to be esteemed for an Excommunicate person as the holy Scriptures witnesseth except he that is convict of Heresie Wherefore the Laick orders of the holy Empire beseecheth the Popes holiness as becometh him and appears in a Religious Father that he would altogether abrogate this burden of Excommunication at Rome or in the Roman Court and that he would have a care that it should be taken away every where in all other places from Arch-Bishops Bishops and their Judges And to conclude That he would command that no man should be Excommunicate or holden for an Excommunicate Person for any other cause but for the manifest and convicted sin of Heresie belonging to Religion For men ought altogether otherwise either for temporall goods or for any other humane offences be removed or separate from God and his Church except for Infidelity and Heresie Hitherto likewise belongeth that which John Stiumfius in his Chronicle of Helvetia Book 2. of Germany Chap. 29. That the Priests through Swablan about the year of our Lord 1245. when by the instigation of the Pope Hendric Lantgrave of Turengia and after his death William Earle of Holland was chosen against the Emperour Frethrick the second and his Son Conrad did constantly amongst other things teach That it was not granted to any mortall man under the Sun to forbid Christians spirituall duties and the worship of God For this cause they continually say a Masse
your Servant CHR. TO THE READER BE pleased to be informed that the defences of these Theses against Mr. Beza and others are likewise translated and if thou desire shall be Printed In both which if thou find not all Answered that can be said against them or hath been said by Mr. Beza Mr. Catherwoods in his Altare Damacenum Mr. Gilespy in his Aarons Rod Blossoming or by the Divines of London in their Jus Divinum never believe me to have reason if thou wilt be at the pains to conferre their Reasons and Answers with what is by our Author Aâ—swered and urged The Life is somewhat Scholastick and Laconick Nevertheless to know the force of his Reasons is well worth the time that shall so be employed I chused rather to be a Pedant in adhereing to the Authors words and Construction then to be too busie in anothers Labour Pardon the Errors of the Presse in this Edition for both my Amanuensis and the Corrector are Presbyterians the next Edition shall make an amendment of these faults which now we desire thee to amend c. To the Reader that is pious and desirous of Truth THOMAS ERASTUS Physician wisheth all health and Happiness LEast any that shall fall on these my Writings should wonder what causes induced yea fully moved me to enter this Dispute concerning Excommunication I will briefly and truly relate the originall and occasion of the commencement thereof It is about sixteen years ago since some men were seased on by a certain Excommunicatory-feaver which they did adorn with the title of Ecclesiasticall Discipline and did contend that it was holy and commanded of God to the Church and which they earnestly did desire should be imposed on the whole Church They affirmed the manner thereof to be this That some certain Presbyters should sit in the name of the whole Church and should judg who were worthy or unworthy to come unto the Lords Supper I wondred that then they consulted about these matters when neither we had men to be Excommunicates nor fit Excommunicators for scarcely the thirtieth part of the people did understand or approve the Reformed Religion all the rest were our violent enemies so that any man that was indewed with the least understanding could not but foresee that there would follow on this necessarily a dangerous schisme of the multitude Therefore at that time it seemed to me not good to inquire how any might be throwne out of the society of the Church But on the contrary I rather judged that we should use means to induce most to the knowledg of the truth and to infold them into the Church And they that were to be Overseers herein did neither in age and experience nor in wit and judgment no nor in carriage and authority so farre excell the rest that they should be esteemed able to discharge these matters worthily Wherefore when I did see this business which they so violently desired could not go forward without the loss and overturning of the Church I oft requested them that they should ponder the matter accurately and that they should not rashly begin any thing which afterwards they should repent but in vain For although at that time my opinion was that Excommunication was commanded in the holy Scriptures yet notwithstanding I found not the manner thereof which they proposed to us to be commanded there Wherefore seeing it seem'd that Christ had left the manner thereof free to our own choice I also did seriously consider of the way and manner which would most fit our matters and draw least trouble with it In which I used so much more diligence as I had observed it to be more destructive to Christianity not only in former times but now also Whilest I was in these thoughts and did inquire what the Antients had written concerning these matters and that I found all things weaker in them then I had perswaded my self I was compelled a little to doubt of the whole business presently after that I consulted the Schoolmen but found nothing better amongst them From them I betook my self to the Modern Writers But even amongst these men I found nothing more exact or solid yea I perceived that in some things they manifestly disagreed amongst themselves which made me a great deal more attentive Therefore leaving the Interpreters I returned to the holy Scriptures and in my reading I diligently noted according to my understanding what was consonant or dissonant to the received opinion In which the confideration of the Jewish Republick and Church did not a little help me For I thought thus with my self The Lord himself doth testifie Deut. 4. that his people hath Statutes and Laws so just and wise that the Institutes of no people that the Sanctions of no Republick that no Ordinances howsoever wisely constitute were able to compare with them Therefore it is necessary that that Church is most worthily and wisely ordered which cometh nearest to the constitution of the Jewish Church But in this the matters were so ordered by God that we find not any where two divers Judicatories concerning manners the one Politick and the other Ecclesiastick What then hindreth that the Church now also on whom the most mercifull God hath bestowed a Christian Magistrate should be less content with one Government After this I did conferre about my thoughts with good holy and Learned men and I did exhort them that they should not lightly ponder the Cause For it seemed to me most unnecessary to put two heads upon one body of a visible Church whose commands decrees and Government were already divers so that the rule of the one was not subject to the care of the other but the Government of each in its own kind was supream Indeed they would have had their Ecclesiasticall Senate or Presbytery so constitute that it should have the supream power of punishing of vices yea in the Magistrates themselves notwithstanding not with corporall punishments but with the debarring them from the Sacrament first privately then mixt if it did not succeed well then solemnly and publikely But I said I did beleeve that one Magistrate appointed by God could as well now bridle all transgressors as he could of old I did propose for example to my self the most famous Kingdom of Solomon which was as it were a type of Christs Church reigning on this earth And that we did not find either under Moses or under the Judges or Kings or under the Government of these that were called Rulers such two discrepant Judicators Nature denies saith Musculus two authentick Governments in the same people whereof one is not to be subject to the other I was not a little helped by those with whom I conferr'd partly because they observ'd some things better then I could partly because they gave me occasion to think of certain other things more exactly In the mean time I kept my self quiet neither did I reason with any man except he provoked me in this matter and being
went up to the Temple to pray and returned home justified by Christs sentence that he left of to be a Publican Luke 18. neither these that praise God Luke 7.15 and was most dear to Christ and his Apostles to change their condition as we find In brief I will say it that the holy Scriptures that is that God did at no time and in no place condemn and dispraise the Publicans upon the account that they were Publicans that is Collectors of the revenues which all wise men will freely confess with me Which being laid down I argument thus God doth condemn no Publican because as Publican in the holy Scriptures but he that God doth condemn cannot be excommunicate by the Law of God therefore no Publican could by divine right be forbidden from the Temple and divine Worship Now I go on concluding this no Publican by the Law could be condemned or Excommunicated but Christ commandeth him that will not hear that Church of which he speaketh there to be esteemed as a Publican therefore he commands him to be esteemed such a one as by the Law of God could not be esteemed acceptable to waite upon this account because he was a Publican When the Excommunicators affirme that these words let him be unto thee as a Publican doth signifie also much as if he had said let him be to thee such an one as a Publican is to a Pharisee they speak what is absurd false and impossible for it is not credible that Christ would in that place in which he resolved to institute as our adversaries affirme a thing of so great moment and therefore so profitable and necessary in the Church take his rule which afterward was to be kept by all from the impious facts of most wicked men and moreover I proved before that no man was ever excommunicate by the Jews after that manner that now we dispute of To conclude all the words of Christ do oppose their interpretation for Christ doth not here speake of the Pharisees or with them but he hath to do with his Disciples and centers of the way to avoid scandals he saith this if an injurious man will not hear the Church let him be unto thee as a Publican viz. to thee not as he is to the Pharisees but it is known that Publicans were not hatefull to Christ and his Disciples and to all other Religious Truly they did not esteem them as persons worthy of Excommunication but they did eat and drinke with them daily But that he joynes a Heathenick and a Publican together it compels us to confess that Christ speaketh of something which should be common to them both but the Publicans could enter the Temple the Heathen could not Wherefore Christ speaketh here nothing of Excommunication therefore these words let him be to thee as a Publican signifieth for another thing then these let him be to thee as an Excommunicate person Thesense then of this place is this If he hear not the Church you may in this cease without the offence of any man so we with him as if he had bufiness to do with an Heathenick and a Publican he that had any controversie with such men was compel'd to dispute his cause before the Roman Magistrate This is cleare concerning the Hethenicks concerning the Publican it appeareâ—â— hence that they were Ministers sworn to the Romans against their own Nation and that they could resâ—ect no justice from the Phariseeâ— and the chief men of the Jews who esteemed them Knaves and forlorne persons This is not permitted by Christ to any person against his Brother Jew before he seek reconciliation after that manner that he hath proposed and was prescribed before in the Law To this belongs the excuse of Paul in the last of the Acts to wit that he did not appeal to Caesar but being compel'd neither that he might accuse the Jews but that he might defend himself from wrong and violence If a Christian had any thing against his Brother the Apostle in the Corinthians commands that he may try to transact with him before some chosen Arbitrators and that he should not immediately go to Law before a Heathen Magistrate but if a Christian had to do with a Heathen who doubteth but that he might persue his right before a Heathen Magistrate After the same manner if any should contemn the judgment and sentence of the Elders of the Church he that was wronged and injured might persue the other before the Heathen Magistrate without any offence to his Neighbour XLVI The handling hereof will be more clear if we shall consider which was and what an one that Church was which he commanded us to tell it to In the declaring of which matter in the beginning I laid down this as a fundament which I am confident will be approved by all and I know will not be denied by any viz that Christ speaketh of that Church which was then For how should he command them to tell to the Church which was not to be found in any place of whose constitution at that time they had not heard any thing If he would lay the foundation of a new Church or of a new form of Government unknown to the Apostles he should have delivered the institution thereof very lame and defective For he neither taught who were that Church neither of whom nor how it should be gathered neither the way of judgment and punishing therein neither did he speak of all sins as I have now proved and they themselves which out of this place build up Excommunication are compel'd to confess the same with us while they affirme openly that here only hid errours are handled Where Christ institutes any new thing he omits nothing of those things without which that matter cannot consist here only he commands us to tell it to the Church which if he hear not he permitteth the accuser to esteem him as a Publican therefore he addeth no punishment Luke when he fell upon this place doth not set down all these things particularly which St Matthew relates the rest of the Evangelists make no mention thereof at all they would not have been silent in so great and necessary matter if they had known it was then first done by Christ adde that the Apostles were certainly perswaded that Christ would not die nor change the Religion of the Jews and that they did in no token no word no sign declare that they understood not well enough the Doctrine of Christ or if as they had heard something unknown and unusuall they neither did question we admire thereat Peter only did wonder at this that he was so oft commanded to forgive his Brother therefore they did not understand these words of Christ of a new form of government unknown to them but they believed and that rightly that they were taught when it should be lawfull for them without offence to accuse their Brother Jew before a prophane Magistrate And at this very day ye will
not easily see a Jew going to Law with a Jew before the Christian Magistrate XLVII Therefore this command doth not belong unto all men say ye but to them that live under an impious Magistrate I answer That the first part thereof to use means to be reconcil'd before they come before a Judge doth belong to all Christians but the last part thereof hath only power when godly men live under a Magistrate that is no Christian therefore the Apostle Paul likewise exhorts the Corinthians that they would choose some amongst themselves which should deside their controversies lest they should be compel'd to go to suit before a prophane Magistrate who doubteth but that it was lawfull for the Corinthians if there were any who would not stand to the Sentence of these Arbitrators or of the injurious persons was nothing better for their Sentence at last to come to the Roman and Heathen Magistrates indeed Paul when he saw himself unjustly pressed with the Jews did appeal to Caesar Acts 25. which fact he did declare Acts the last that he might excuse himself to the Jews that lived at Rome He shall understand and see all these things more clearly and plainly that will take the pains to conferre diligently Lev. 19. Eccles 9. and 1 Cor. 6. with this Chapter of Matthew and he shall observe how fittle all things shall answer one another chiefly he that shall intentively marke the words of Paul and Christ concerning the last part which because they had not place under Moses and the Ecclesiasticks because the Jews then did not so obey any former Prince as they did afterwards the Romans therefore these men were deservedly omitted by both XLVIII And hitherto indeed as I believe it will easily be consented unto by all that Christ did speak of a Church which then was in being and extant in Judea but presently they fall together by the ears when they inquire what Christ meant by the word Church for sometimes it s put for the meeting and multitude of the people sometimes it s put for the Senate and Elders that did governe the same After this manner we find the Hebrew words taken which signifie the Church and the Meetings or Congregation which the Septuagint express by the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Numb 35. Josh 20. Psalme 82. and elsewhere But there are solid Arguments to prove that Christ in this place by the word Church will not have us to understand the multitude and common meetings of the Jews but the Jewish Magistracy or Senate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The first is that it is clear that Christ did not innovate the forme of Judicatories and government which were administred according to the Laws neither that he did any thing or permit his Disciples to do any thing against those things which Moses had rightly appointed Pointed at the command of God But Moses commanded such cases to be proposed to be judged not by the multitude but by the Senate of every place or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which used to sit at the beginning in the Porch of every Towne If Christ had thought to have institute any thing against this apointment of Moses here his Disciples would not have been a little offended with the matter which though their whole life were most strict observers of the Law let every one thinke with themselves how much every one would have triumpht if they could have accused Christ of this crime that to wit he had incited the people against the Magistrate contrary to the Doctrine of Moses what more illustrious pretext could they have wisht to accuse him as a seditious person then if they could prove that he against the appointment of God did aslay to arme the people against the Magistrate to admit the examination of witnesses to give the power to them to call before them whom they would to give them the power of cognoscing and judging of causes the other reason is that Christ commands us to tell it to that Church which hath the power to call the accused person before it to hear the cause examine the witness therefore he in the second admonition he bids us joyn 2 Cor. 3. That the fact may be lawfully proved and to conclude of pronouncing and judging but these things cannot be done from the croude and multitude except they chose some men which may moderate all things as no man is ignorant of it for it behoveth that that convention to be very little which without Senators by it self is able to expect such matters and causes for this cause some men rightly judge it that if this precept of Christ were understood of the whole meeting or company it could have no place but where the Church did consist of very few Members therefore seeing they that proceed after this manner are no other but the Senate or Synedrium It again appeareth that Christ did not command us to tell it to the croude but to the Synedrium but indeed in Christs time the people had not power to choose unto themselves a Magistracy and Princes wherefore tt behoveth us by the Jewish Church to understand the Senate as it is clear by what is said before that the Disciples did so Therefore if by the Chureh we understand the multitude it self it behoveth us to tell it to such a Church which hath the power to chose to it self such a Senate as the Senate of the Jews were at that time but our Churches have not power to choose such a Senate as the Synedrium of the Jews was yea the people of the Jews themselves in Christs time had not that faculty as is said a little before To this let us adde That the Scripture when it speaketh of the multitude useth almost the words of people of multitude of croude of the Children of Israel or some other words signifying the same thing As when it is written that any thing is done or said in the whole Synagogogue or the whole Congregation I will pass in silence that this form of speaking i◠at this day usuall for we say we have told any thing to the Empire or Republick which we have proposed to the Emperor or other governours of the Empire or to the Senate of the Republick we say they are rewarded by the common wealth who receive any gift from the Senate thereof their phrases are so usuall that it is a wonder that they have been obsereed by so few in this place The sum of all is Christ did not change the custome of his own time neither did he change any thing in Judicatories as likewise the Disciples seem to suspect no change nor renovation Wherefore he commanded them to tell the Synedrium before they went to the Heathen Magistrate XLIX But it appears out of the holy Scriptures and Histories that that Synedrium was a lawfull Magistrate and that in the time of Christ it did yet return and exerce the power of this word Those things that are read in the History of
the same as we may easily perceive by History and may gather by a sure conjecture from the 18. of the Acts. LI. Neither is it repugnant to what hath been said that some of the Jews said to Albinus that it was not lawfull to the chief high Priest to convocate the Synedrium without his permission as Josephus relates it in the 20. Book of his Antiquities for he only relates what some men did do but doth not praise the deed Moreover he ought not in the time of a inter-regnum to wit when Festus was now dead and Albinus was but yet on his journey to gather together a Judicatory to do a business of so great moment before the new president had confirmed to him that power for he procurd the Brother of our Lord James which was commonly cald Just to be put to death which seeing he was deare to many did take it very hardly for he was new recreated the high Priest and had not as yet been confirmd by the Romans Eusebius's 2. Book and 23. Chapter of his Ecclesiastick History sheweth that he greedily gripped this occasion of the inter-regnum but what is that to our purpose was therefore Archelaus named King in his Father Herods Testament and that by permission of Caesar not King because he would not admit the name of a King and exerce the Kingly power before he was confirmed by Caesar is the Magistracy of any Town which hath a Prince as there are many such in Germane therefore no true unlawfull Magistracy because the Prince being dead they are compeld to require a confirmation of their priviledges from his successor Now that the high Priest had power to convocate the Judges of the Synedrium the confirmation he had received formerly is clear from this that they did not say to Albinus that this was not simply lawfull for him but only that he ought not to do this without Albinus's knowledg LII Now it is solidly demonstrate that dic ecclesiae tell it to the Church doth signifie no other thing then tell it to the Magistrate of thy people or that is of that same Religion with thee before thou go to Law with thy Brother before a prophane Magistrate as the Apostle Paul 1 Cor. 6. excellently expoundeth it where he commandeth them for this cause to chose men of their own order to be Arbitrators But who doubteth that this can have no place where God bestoweth on us a godly Magistrate indeed Augustin in his second Book of faith and works clearly enough declared that he believed that excommunication should supply the place of the visible sword at that time when the Church wanted it For the fact of Moses in punishing transgressors with the sword and as Phineas killing the adulterers did prefigurate the punishing of the evill by degradation and excommunication to wit at that time when the sword was to cease in the visible Church I remember that some of the late Writers do affirme that the Jews therefore did observe this custome of excommunication which I have proved to be false with unanswerable Arguments and Testimonies because the Sword was taken from them But if this were true it would follow that it should have no place in the Christian Church which keepeth the power of the Sword Even as we are not necessitate now to appoint other Judges and Arbitrators to our selves beside the lawfull Magistrate Therefore it is most certain that the word Church in Matthew signifieth nothing less then an Ecclesiastick Senate which should have power to debarre from the Sacraments LIII There are two things that might be objected to us First How one cannot hear the Church if it be the Magistrate and hath the power of the Sword Next How those things that are spoken of binding and loosing can be fitted to this cause To the first we answered before That the Jews had not power to judg of all matters whatsoever but that all controversies almost which did not concerne Religion belong to the Roman Judicatory If then in those things any man would neglect the authority of the Synedrium Christ giveth him that is hurt leave to persue his right before the Gentiles as if he were to dispute with a Gentile or Publican Add this That many causes do occurre which the Law inparticular doth not punish or doth not forbidunder a certain punishment at which time it easily happeneth that the guilty is sent only away with a rebuke But if yet he doth not leave off to be injurious he that is offended by him may be instant with the Church or Magistrate that he may be punished for his Petulancy Albeit this answer also is true neverthelesse the first answer seemeth unto me to be most agreeable to the appointment of Christ to the times places and other circumstances LIV. The answer to the other reason is also easie for seeing the same manner of speaking here and the same words almost hereafter repeated which Christ used in the 16. of Matthew it is altogether necessary that if they signifie not the same thing yet that they should signifie something like it but to bind and to loose 16. Matth. signifieth no other thing then to preach the Evangel by which every one that doth believe shall be freed from sin and death Wherefore it signifieth no other thing here then to intreat his Brother that he would desist from injuries and rather follow godliness therefore because this is acceptable to God and he will punish those that do contrary to his Commandments he that after this manner doth dehort his Brother from doing injuries by shewing to him both the will and wrath of God he if he perswade him hath gaind him that is hath loos'd him if he hath not perswaded him the wrath of God remains on him as it remains or not remains upon him that believes and not believes the Evangel when he heareth it Preached But that we may be ready and easie to forgive the penitent Christ hath gone about to perswade us with what that elegant Parable by which the scope of his purpose in this place is easily discerned LV. I wonder above measure how in this present place some interpret to bind and to loose by keeping back and admitting men to the Sacraments seeing in the whole Bible there is not a place where those words are put for this matter neither did ever the Apostles shew by any word or sign that they so understood the words of Christ Christs command is extant that they should go out from them who would not receive the Gospell But first should shake off the dust of their feet Matthew and Luke 10. which we know to have been done Acts 13. and 18. but that they should deny the Sacraments to them who believe in the word or Baptized in Christ and embrace his Religion and Doctrine because their life is not answerable to the Doctrine we find it in no place either commanded unto them or done by them But here it will suffice to
the Sword that is when the Magistrates were made Christians nevertheless this power remaines still in the Bishops Partly because it was believed to be a divine ordination and partly because they would hardly lay down this spirituall Sword for which they were feared by the greatest Princes For they easily perswaded others which they more easily and willingly believed themselves to wit that Christ was the Author of this business Superstition confirmed the opinion by ascribing safety to the Sacraments for it was written and believed that some men could not die before they had been made pertakers of the Sacraments Therefore either by reason of this errour men did very much fear Excommunication or from Excommunication this error did spring among the unlearneder People that life was put in receiving of the Sacraments and death in deniall of the same when they saw wicked men punished with the deniall of them as with the last and greatest punishment LXXI But as farre as we can know by conjecture it seemeth that at the beginning the Administrators thereof were those Elders of whom we read the 1 Cor. 6. who carried the place of Magistrates in the Church together with the Ministers Afterwards this whole power remaind to the Bishops who did cognosce in all causes compose all differences gave judgment and did Administer all such things As we clearly see out of Augustine complaining of those labours and the History of that time Ambrose indeed affirmeth that those Elders without which nothing used to be done in the Church had then place whenas yet they wanted Bishops But by the Apostle it appeareth that they ought to have been overseers of this Office so long as the Church was pressed with an ungodly Magistracy By which that likewise is understood that as under a godly Magistracy their Office ceased so likewise Excommunication should cease under the same Albeit they had exercised the same before in the mean time it must be noted that these Elders were in the place of the Magistrate and did meddle with civill matters and were not an Ecclesiastick Judicatory which at this day they distinguish from the politick for it is clearly said that they ought to meddle with debates and matters belonging to the sustentation and use of mans life LXXII The fruits that it brought forth in the Church would scarcely be explained in many Books truly they cannot be comprehended in a few Lines First They brought this to pass that men begun to ascribe safety to the Sacraments For thus they reasoned The deniall of the Sacraments bringeth destruction therefore the receiving of the same giveth life they could not doubt of that which is the Antecedent whilst they heard that those were afflicted with great punishments and believed were delivered to Satan unto whom the Sacraments were denied Hence it was believed that some could not die without receiving of the Supper as I said a little before those many and great and long satisfactions and Ceremonies did augment the errors and likewise chiefly that that they permitted the use of the Supper to men that were only a doing that they should not depart hence without food necessary for their souls Which if it did not happen they esteem'd him condemned to whom this befell as if God would not forgive them that were heartily penitent for their sins and give them life except those Elders judg them worthy of the Lords Supper what can be thought more horrid then this error then likewise it brought this to pass that every one almost believed it was in the power of a man to shut and open Heaven to whatsomever person he pleased So the Emperor Theodosius the yonger would not dine because he was Excommunicate by a Monke unto whom he denied something to him that he had demanded Albeit the Bishop of Constantinople told him such exclusion was invalid nevertheless he would not be quiet till at last he had absolved him who had bound him So the Elder was compeld by Ambrose for eight Moneths to abstaine from the Church and Preachings Indeed he had sinned but much lightlier then Ambrose which may be known by any man that is not void of judgment out of the History of Nicephorus and Chronicle of Mr. Philip Melancthon To conclude By this meanes it was brought to pass that the Bishop of Rome did bring the West under his obedience and compeld the Kings Princes Emperours to serve his lusts and by reason that some Emperours and Kings were Excommunicate some hundred thousands of men have been kild in the Germane Empire Moreover according to his own Arbitrement he changed uncorrupted Religion whilest for feare of this Thunder-bolt now durst hiss against his Laws and Statutes and truly he that will ponder the matter rightly shall find that that God of strength in Daniel signifieth nothing but Excommunication or a prohibition of holy things chiefly of the Lords Supper For this Excommunication truly was and at this day also is that God of strength whereby the Pope of Rome hath subjected unto himself all things and whereby now others also go about to subject likewise unto themselves the Empires of all men But I hope that this false God shall be known and shall hereafter less hurt the Church To conclude the whole matter It brought business to this pass that all men for the most part believed that these men who might judg it unworthy of eternall life were out of the favour of God and on the other part that all men whom it desired to be saved were altogether saved do we hope that men of our age will be better and more sober then the Ancients he is deceived that believeth it and neither hath he examined well the Scriptures neither hath he any experience in present affairs LXXIII I see not why the Christian Magistrate ought not to do the same at this time in the Jewish Common-wealth he was commanded by God to do Do we thinke that we can constitute a better form of Church and Common-wealth In the 4. Chapter of Deutronomy we read that for the judgment and statutes which God had given to the people of Israel that all Nations should admire and praise their wisdome and understanding but they wanted this Excommunication And the power of restraining unclean and criminall persons was in the Magistrate whose duty it was not only to punish these men according to the Law of God but likewise to constitute all the externall Religion for not Aaron but Moses did this God so commanding Which power afterwards we know was translated to Joshua and not to Eleazer for God commandeth Joshua not Eliazer that he should have a care that the Israelites the second time should be Circumcised neither commanded he to except any albeit many amongst them were most wicked and he commanded him likewise to celebrate the Passover so soone as they had passed Jordan neither do we read that he repulst any because they had not lived religiously and honestly enough At the command of