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A29084 A defence of the Kings authority and supremacy in the church & church-discipline and that he is supream head and governour over all persons, in all causes ecclesiastical : against these disciplinarians, the Pope and his clergy, the bishops and episcoparians, the Scottish and English Presbyterians, with the independents ... / by Theophilus Brabourne. Brabourne, Theophilus, b. 1590. 1660 (1660) Wing B4091; ESTC R25285 18,498 27

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of them are Ecclesiastical persons of and belonging to this Church As the Magistrate and people are a Church so they are a Church of Christ for they are all Christians professing Christ and faith in Christ and they are also a Church of God for their authority is of and from God Rom. 13.1 and they assemble in their Hall to serve God The Magistrate by ruling for God and in his place the people to be ruled by God and his righteous Lawes The Magistrates Court therefore being a Church of God why should any say or think that it is an unfit place for the censure of Excommunication may it not soon be as fit a place as the Chancellours or Bishops Consistory Another quest of these two Churches which is greater Papists say the Clergy Church so they say Bishops too for they say Church and State but we ought to give priority and superiority to the State and say State and Church For Moses commanded Aaron and so did Kings the Priests to speak otherwise giving priority to the Church is popish and tending to a denyall of the Kings supremacy Quest 5. Being the Magistrate is no Divine how can he know who is fit or not fit to be excommunicated I answ How can two or three Lay-Elders know who is fit and who not being they are no Divines And how can the Bishops Chancellour know who is fit and not fit for he is no Divine 2. As for scandalous sins as adultery drunkenness swearing and such like being all matters of Fact the Magistrate knows them as well as the Bishop or Minister for the Magistrate doth daily punish these sins in his Court. As for fundamentall doctrines being none are such but onely such as are clearly laid down in Scripture and being they are daily preached on by our Ministers the Magistrate is not ignorant of these Or if he be God hath ordained the help of the Minister by way of counsel and advice but still so as the power and authority as Judge to passe censure is still in the Magistrate as you may read Deut. 17.8 9 10 11. As for points disputable not cleerly revealed in Scripture I hold that no man is to be excommunicated for these for if he be the innocent may be punished as soon as the wicked And therefore the Magistrate needs not meddle with such points but onely with sins clearly revealed to be sins as incest 1 Cor. 5.1 c. and by like reason swearing drunkennesse and the like Whereas I said the Magistrate may take the advice of the Minister c. I mean his advice in a fundamentall doctrine which is very cleerly a sin in Scripture for else he may give wicked advice But as for a doubtfull and disputable controversie wherein Scripture is alledged on both sides it is not safe for the Magistrate to condemn either side upon advice of the Minister for a Church may erre a Councell may erre and 10. or 12. Ministers may erre too Suppose therefore a point comes before the Magistrate which commonly is holden to be an error or heresie where will the Magistrate finde among the Clergy competent and fit Judges to determine it for the Clergy hold the common opinion Now if the Magistrate call in to his help and advice ten or 12. of the Clergy will they not all advise for their own opinion and then they will be incompetent and partiall Judges Do you think they will justifie the accused party and condemn themselves I dare say it that all the Bishops in England will condemn this book if not before they see it But the Law permits no man to be a judge or a witness in his own cause when the Clergy gives judgement of a cause commonly holden by others and themselves to be an errour or heresie they are like the High Court of Justice all or the major part came thither with a resolution to make an end of the KING before they rose Quest 6. Is the King next under Christ supreme head of the Church Answ This question is out of question with me but being I hear of some Ministers beyond Sea offended at this Title and have read of some in England of like opinion I shall here prove the point and first by the Laws of our Kingdome and then by the Scripture 1. The Laws of our Kingdome do give unto our King this just and Royall title to be supreme Head under Christ over all persons and in all causes Ecclesiasticall or spirituall wherefore the King is supreme haad of the Church and therefore all good Subjects must acknowledge him so to be Rom. 13.1 2. I have before proved out of the Scriptures that King Hezekiah David and Josiah were Rulers and Governours over the Church and in Church-matters 2 Chron. 31.2 1 Chron. 16.7 2 Chron. 35.1 c. 2 Chron. 35.15 2 King 23.4 Now those godly Kings were supreme in authority for there was none above or before them It was prophesied of that in time of the Gospel Kings should be our nursing Fathers Isa 49.22 23. Now in our dayes though we have many Magistrates of high authority yet none of them can or will challenge the supremacy but the King onely 3. See a pregnant Text for it 1 Pet. 2.13 Submit your selves c. unto the King as unto the supreme So supremacy is the Kings just Title Now being it is so why do Bishops say and write Church and State as if the Church and Bishops were above the King where is then the Kings supremacy Quest 7. Doth the punishment of Excommunication belong to the office of a Bishop and his Chancellour or to the Minister and his Lay-Elders I answer negatively This office belongs not to any Lay-Elder who is not a Magistrate of the Common-wealth nor to any Chancellour who is a Lay-man and no Magistrate the contrary I expect to see Bishops or Ministers to prove if they can And I answer concerning Bishops or Ministers alone without their Elders or Assistants and I deny also that this office doth belong to a Bishop or a Minister The contrary lyes upon both of them to prove if they can In the mean time I thus prove against them 1. Excommunication is a punishment so confessed by all men and so called in Scripture 2 Cor. 2.6 and a punishment is a revenge or taking vengeance on them that do evill Rom. 13.4 Now Bishops and Ministers may not punish and revenge For this belongs to the Magistrate Rom. 13.4 not to a Bishop or Minister St. Paul saith a Bishop must be no striker 1 Tim. 3.3 Now I know not why a Bishop may not as well strike with his hand or fist as punish and take vengeance on any man by Excommunication Their distinction of corporall and spirituall punishment will not help them as you shall see in the next quest 2. The office of the Magistrate is to summon into his Court these scandalous sinners the adulterer swearer drunkard and the like and in his